(a) Intent. The following terms shall have the meaning given herein.
(b) General.
(1) All words used in the present tense shall include the future tense.
(2) The word “shall” is to be interpreted as mandatory and not directory; the word “may” is permissive.
(3) “Subdivision” includes “resubdivision” and where appropriate to the context, relates to the process of subdividing or to the lands divided.
(4) “Developer” means any individual, firm, association, corporation, trust or any other legal entity commencing proceedings under these regulations to affect a subdivision of land for himself or for another.
(5) “Commission” means the Planning Commission of the Village.
(6) “Council” means the Council of the Village of Milan.
(c) Statutory Definition of Subdivision. With Section 711.001, Ohio Revised Code, a subdivision shall be defined for the purposes of the resolution as:
(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, any on of which is less than five (5) 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 (5) acres not involving any new streets or easements of access and the sale or exchange of parcels between adjoining lot owners, where such a sale or exchange does not create additional building sites, shall be exempted; or
(2) The improvement of one (1) 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 facilities.
(d) Division of Land Not Subject to the Provisions of the Regulations.
(1) The division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access.
(2) The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites defined by zoning or these regulations or reduce the original tract below the requirements of local zoning regulations or these regulations.
(3) The establishment of private streets serving industrial structures on their own property where there is no division of land.
(e) Compliance. The owner of any such parcel of land who proposes to create a subdivision shall proceed in the manner hereinafter prescribed.
(Ord. 871-6-91. Passed 6-25-91.)