As used in these Subdivision Regulations, the following words and terms are defined as follows:
(a) Alley: A quantity of land dedicated to the public to provide a private or secondary means of access to the back or side of properties otherwise abutting on a street.
(b) Block: A subdivided property surrounded by, but not separated by, one or more of the following manmade or physical land features: private or public dedicated streets, unsubdivided acreage, rivers or streams, or by any other physical feature which prevents continuity of development.
(c) Boulevard: See Street.
(d) Building Setback Line: A line establishing the limits of a yard which abuts a street and in which no building or other improvement for active use (except parking) may be located.
(e) Collector Thoroughfare: See Street.
(f) County: Ashland County and/or Holmes County, Ohio.
(g) Covenant: A written promise or pledge.
(h) Cul-de-sac: See Street.
(i) Dead-end Street: See Street.
(j) Developer: Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or herself or for another.
(k) Easement: A quantity of land over, under or through which a liberty, privilege, or advantage is granted by the owner to the public, a corporation, or a particular person for a specific use or purpose.
(l) Final Plat: The final map or drawing on which the subdivider's plan of "subdivision" is presented to the Village Planning Commission for approval.
(m) Flood Plain: Land which has been or may hereafter be covered by flood waters including, but not limited to, a regulatory flood. For the purpose of these regulations, a regulatory flood shall be deemed to be a flood of 100-year frequency.
(n) Improvements: Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
(o) Industrial-Commercial Street: See Street.
(p) Licensed Surveyor: A person licensed to practice surveying by the State Board of Registration.
(q) Local Street: See Street.
(r) Lot: A lot is a parcel of land of sufficient size to meet any minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required.
(s) Lot Density:
Low: 0 - 4.9 Dwelling units per acre.
Medium: 5 - 5.9 Dwelling units per acre.
High: > 10 Dwelling units per acre.
(t) Lot Lines: The lines defining the boundaries of a lot.
(u) Major Arterial Thoroughfare: See Street.
(v) Marginal Access Streets: See Street.
(w) Minor Arterial Thoroughfare: See Street.
(x) Monuments: Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot comers, boundary lines corners and points of change in street alignment.
(y) Official Maps: The maps of the Village and the surrounding area showing the streets, highways, parks, and other public areas and sites, adopted and established by law, including additions thereto, resulting from the legal filing of approved plats.
(z) Open Space: An area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts and any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included.
(aa) Owner: Any individual, firm, association, syndicate, partnership, limited partnership, limited liability company, 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 land under these regulations.
(bb) Pavement: That portion of the street or other public right-of-way surfaced for vehicular travel and/or use.
(cc) Pedestrian Walkway: A dedicated public right-of-way limited to pedestrian use.
(dd) Performance Bond: An agreement by and between the "subdivider" and a surety company in favor of the Village, or an instrument approved by the Village between the "subdivider" and the Village, for the amount of the estimated construction cost guaranteeing the completion of the required improvements, according to the specifications set forth in these regulations, within the time prescribed by the above agreement.
(ee) Planning Commission: The Loudonville Village Planning Commission.
(ff) Plat/Final Plat: The map or drawing on which the developer's plan of subdivision is presented to the Planning Commission for approval and to the County Recorder for recording.
(gg) Preliminary Plat: A drawing for the study of a Type II "subdivision" and which, if approved, permits proceeding with the preparation of a "final plat."
(hh) Professional Engineer: A person registered to practice professional engineering by the State Board of Registration as specified in R.C. § 4733.14.
(ii) Public Reservation: A portion of a "subdivision" which is set aside for public use and made available for public use and acquisition.
(jj) Public Utility: Any person, firm, association, corporation, trust, board, commission, or other legal entity, duly authorized to furnish to the public, under State, county, or municipal law or regulations, gas, steam, electricity, sewerage disposal and/or treatment, communications, television, telegraph, transportation, water or waste treatment.
(kk) Regional Planning Commission: The County Regional Planning Commission of Ashland County and/or Holmes County, Ohio.
(ll) Registered Architect: An architect duly authorized to practice architecture in accordance with state law.
(mm) Registered Engineer: An engineer duly authorized to practice civil engineering in accordance with state law.
(nn) Reserve Strip: A strip of land parallel and abutting a thoroughfare controlling the means of access on the property.
(oo) Reserved Area or Reservation: A parcel of land within a "subdivision" which is set aside for a specific use, other than residential, commercial, or industrial.
(pp) Right-of-Way: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates any curbs, lawn strips, sidewalks, lighting and drainage facilities.
(qq) Service Drives: See Street.
(rr) Setback Line: A line established by the Subdivision Regulations and/or the Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except as may be provided.
(ss) Subdivision:
(1) 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 of exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
(Ord. 1433. Passed 2-2-76.)
(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(Ord. 18-83. Passed 3-21-83; Ord. 51-90. Passed 6-4-90.)
(tt) Subdivider: See Developer.
(uu) Street or Road: A right-of-way which affords the principal means of access to abutting property and which has been dedicated or deeded to the public use and accepted by the Village. Streets shall be further defined as follows:
(1) Boulevard: A "street" or "road" on which traffic flow is divided into each direction by a median strip which is usually landscaped with grass and plantings. A "Boulevard" may serve the function of an "arterial thoroughfare," "collector thoroughfare," or "local street," depending on its relationship within the overall transportation system.
(2) Collector Thoroughfare: A "street" or "road" which is intended to collect traffic from "local streets" within a neighborhood and channel it onto the arterial system, or conversely to distribute traffic from the arterial system to the "local streets." Access to abutting properties is equal in importance to the movement of through traffic.
(3) Cul-de-sac: A street having one outlet open to vehicular traffic and the other end permanently terminated by a vehicular turn-around.
(4) Dead-end Street: A street temporarily having one outlet open to vehicular traffic and not provided with a permanent vehicular turn-around.
(5) Industrial-Commercial Street: A "street" or "road" intended to be utilized in an area zoned industrial or commercial and intended to carry heavy vehicular traffic serving primarily light or heavy industrial and commercial establishments.
(6) Local Street: A "street" which is intended primarily to provide access to abutting properties. Through traffic should be discouraged on "local streets." All streets not otherwise designated shall be designated as "local streets."
(7) Major Arterial Thoroughfare: A "street" or "road" which is intended to carry the major portion of traffic entering or leaving an urban area and also significant intra-urban travel such as between communities or between major urban centers. Major arterials should from the boundaries of residential neighborhoods, but should not penetrate those neighborhoods. Access or service to abutting properties is a secondary function to the provision of travel service. Parking and loading are discouraged.
(8) Marginal Access Street: Minor "street" which is parallel to and adjacent to arterial streets and highways and which serves to reduce the number of access points to the arterial streets and thereby increase traffic safety.
(9) Minor Arterial Thoroughfare: A "street" or "road" which is intended to connect with and augment the major arterial system. The function of the minor arterial system is to provide travel service to trips of moderate length and provide intra-community continuity. "Minor Arterial Thoroughfares," are a lower level of travel service than "Major Arterial Thoroughfares," but access to abutting properties is still a secondary function to the movement of through traffic. Minor arterial thoroughfares should also form the boundaries of neighborhoods but not penetrate the neighborhood. Parking and loading should be discouraged.
(10) Private Street: A "street" or "road" that is not dedicated for public ownership or maintenance and which is to be maintained by an association of property owners or through other private means.
(11) Service Drives: A "street" providing access to property which abuts or is adjacent to minor or major thoroughfares.
(vv) Thoroughfare Plan: A plan prepared by the Planning Commission and adopted by the legislative body, showing the accurate location, grade and width of existing or proposed streets.
(ww) Variance: A variance is a modification of the strict terms of these Subdivision Regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of these Regulations would result in unnecessary and undue hardship.
(Ord. 75-96. Passed 11-18-96)