(a) As used in these Subdivision Regulations, certain words and terms are defined as follows:
(1) "Alley" means a public way which is used primarily for vehicular service access to the rear or the side of properties otherwise abutting a street.
(2) "Applicant" means any developer who submits to the Planning Commission subdivision plats for the purpose of obtaining approval thereof.
(3) "Bench mark" means a monument for which an accurate elevation has been established and shown on the plat or as defined by the United States Geological Survey.
(4) "Block" means a grouping of lots unseparated by streets, parks, main waterways or other natural barriers.
(5) "Building setback line" means a line drawn parallel to a lot line at a distance equal to the depth of a required setback.
(6) "City Engineer" means the duly designated City Engineer of the City of Milford, Ohio.
(7) "City Finance Director" means the duly designated Finance Director of the City of Milford, Ohio.
(8) "City Law Director" means the duly designated Law Director of the City of Milford, Ohio.
(9) "City Manager" means the duly designated City Manager of the City of Milford, Ohio.
(10) "County Recorder" means the duly elected County Recorder of the County in which the property is located.
(11) "Dedication" means the granting of interest, fee simple or otherwise, of land by the developer for any general and public uses, in accordance with the provisions herein.
(12) "Development" means any activity, other than normal agricultural activity, which materially affects the existing condition or use of any land or structure.
(13) "Developer" means any person commencing proceedings under these Subdivision Regulations to effect a subdivision of land as defined herein.
(14) "Easement" means an area set aside, dedicated or granted by the property owner for the use by the public or by other corporations or persons for specific uses and purposes.
(15) "Environmentally sensitive features" means those features such as excessive slopes, flooding, high water tables, shallow depth to bedrock, unique natural features, desirable natural growths, watercourses and other water areas, historic sites and scenic points.
(16) "Flood plain" means areas subject to periodic flooding, including the 100- year flood plain depicted in Community Panel Nos. 3902270005C and 3900650045B as amended, maps prepared by the United States Federal Emergency Management Agency.
(17) "Homeowners Association" means an incorporated, nonprofit organization operating under recorded legal agreements running with the land to provide an effective means of obtaining adherence to protective covenants and as a device for maintaining the character and long-range value of a development.
(18) "Jurisdiction" means the geographical area within which the powers of the City of Milford may be exercised.
(19) "Lot" means a portion of a subdivision or parcel of land intended for building development whether immediate or future.
(20) "Lot, panhandle" means a lot whose only owned access to the street is a narrow strip of land. The narrow strip of land known and referred to as the "panhandle" shall be defined as a strip of land displaying a minimum width at any point of twenty feet and a maximum width of less than the minimum lot width required for building purposes.
(21) "Lot, width" means the horizontal distance between the side lines of a lot measured at the building setback line.
(22) "Open space" means land provided and deemed necessary and desirable for the recreation, leisure time and aesthetic needs of present and future citizens.
(23) "Surety agreement" means any security which may be accepted by the City in lieu of a requirement that improvements be made before the Planning Commission approves a plat, including, but not limited to performance bonds, escrow agreements and other similar collateral or surety agreements with surety to be approved by Council or their representative, the City Manager.
(24) "Plan, Milford General" means the policies, statements, goals and interrelated plans for private and public land use, transportation and community facilities documented in texts and maps which constitute the guide for the City's future development. For the purposes of this definition, the word "Plan" shall mean the Milford General Plan, all amendments thereto and all related general plans, master plans and community plans adopted by Council in accordance with Ohio R.C. Chapter 713.
(25) "Planning Commission" means the Milford Planning Commission.
(26) "Plat" means a map, plan, chart or drawing indicating the subdivision or resubdivision of land filed or intended to be filed for record.
A. "Preliminary sketch plan" means a preliminary sketch of the proposed subdivision showing the developer's desires in regard to the future development of land for informal consideration by the Planning Commission at the preliminary consultation.
B. "Preliminary plat" means a map indicating the subdivision of land, prepared in accordance with the requirements of these Subdivision Regulations as a basis for consideration prior to the preparation of the final plat.
C. "Final plat" means the final map or plan which legally describes the subdivision of land, containing a detailed plan of the property, giving all dimensions, angles and bearings, together with such information, statements and certificates as required by these Subdivision Regulations, and presented to the Planning Commission for approval, and which if approved shall be submitted to the County Recorder for recording.
(27) "Preliminary consultation" means a procedure for the presentation of a proposed subdivision to the Planning Commission for informal review prior to formal application and preparation of a preliminary plat.
(28) "Required improvements" means storm drainage facilities, sanitary sewerage facilities, water supply facilities, streets, curbs, street lights, street signs, gutters, gas lines, electricity lines, walks and/or other accessory works and appurtenances.
(29) "Right of way" means an area set aside, dedicated, granted or deeded by the property owner for the use by the public.
(30) "Specifications" means the design specifications of the City of Milford, which have been adopted by Council or have been approved by the appropriate City department or agency.
(31) "Street" and/or "road" means a public right-of-way, intended for vehicular traffic, including freeways, expressways, arterials, parkways, thoroughfares, collector roads, lanes and other public ways, with the exception of alleys as defined herein.
(32) "Street classifications" include:
A. "Arterial streets" provide area-wide connections between the City core and outlying activity centers, residential areas and the freeway system.
B. "Collector streets" provide residential neighborhood connections to the arterials.
C. "Local streets" (Major, Minor) provide individual house and site connections to collector streets.
D. "Cul-de-sacs" mean streets having one end open to traffic, the other end being terminated by a vehicle turnaround.
(33) "Subdivision" means:
A. 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; or
B. 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.
(34) "Transportation Plan" means the plan for streets and highways included in the transportation plan element of the officially adopted Milford General Plan.
(35) "Utilities" means municipal utilities of the City of Milford and private franchised utilities.
(36) "Zoning Ordinance" means the officially adopted Zoning Ordinance and Zoning Maps for the City of Milford, Ohio and all amendments thereto.
(Ord. 90-1312. Passed 5-1-90.)