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For the purpose of these Regulations, certain terms and words used herein shall be used, interpreted and defined as follows:
ALLEY or SERVICE DRIVE. A passage or way affording generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
APPLICANT. The owner of the land to be subdivided.
BOND. A form of security agreement in an amount and form, as provided for herein. All bonds shall be approved by the Development Director on behalf of the Planning Commission and approved as to form by the Director of Law.
CITY. The City of Montgomery, Ohio.
CITY'S ENGINEER. The Engineer of the city or his agent designated to perform certain duties on his behalf.
CONSTRUCTION PLANS or DRAWINGS. The maps or drawings accompanying a final subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with these Regulations and with the requirements of the Planning Commission as a condition of the approval of the plat.
COMPREHENSIVE PLAN. The official Comprehensive Plan of the city and including any part of such plan separately adopted and any amendment to such plan or parts thereof.
COUNTY ENGINEER. The County Engineer of Hamilton County, Ohio.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminus for the safe and convenient reversal of traffic movement.
DESIGN, CONSTRUCTION AND MATERIAL SPECIFICATION HANDBOOK. As referenced herein, the official standards for the city governing the design, construction and materials used in all proposed improvements.
DEVELOPER. The owner of land proposed to be subdivided.
DEVELOPMENT DIRECTOR. The Community Development Director as approved by the City Manager or his agent designated to perform certain duties on his or her behalf.
DRAINAGE PLAN. A plan for the control of storm water runoff in accordance with the requirements of these Regulations.
EASEMENT. A right of a person or entity to use the property of another, or part thereof, for a specific purpose or purposes.
FINAL PLAT. The plan or record of a subdivision intended to be recorded with the Hamilton County Recorder's office and any accompanying material, as prescribed in these Regulations.
FRONTAGE. The side of a lot abutting on a public street and as defined in the Zoning Ordinance.
FRONTAGE ACCESS or SERVICE ROAD. A minor street or road generally running parallel with a main street or thoroughfare and connected therewith at infrequent intervals or placed at the rear of lots abutting a main street or thoroughfare and which is designed to limit curb cuts on the main street and segregate local traffic from higher speed through traffic.
HEALTH OFFICER. The Hamilton County Board of Health or other official of the city or county or other individual appointed or officially designated to perform the functions and duties of a health officer or sanitarian for the city.
LOCAL STREET or COLLECTOR STREET. A street intended to serve and to provide access to neighborhoods or subneighborhoods.
LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by the Zoning Ordinance of the City and having its principal frontage on a public street.
LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street. The point of intersection of the street lines is the "corner".
LOT, INTERIOR. A lot other than a corner lot.
MAINTENANCE BOND. An agreement by the developer with the city to maintain and keep in good repair all improvements of the subdivision for a period of one year after approval by the Development Director of the construction of such improvements and in an amount determined by the Development Director to be sufficient to secure such maintenance and not less than ten percent (10%) of the performance bond amount and which agreement shall be secured by sufficient sureties or assets.
MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision.
MINOR STREET. Any street not a highway, primary or secondary thoroughfare, or local or collector street, and intended to serve and to provide access exclusively to the properties abutting thereon.
MINOR SUBDIVISION. A division of a parcel of land in accordance with R.C. § 711.131 and with § 156.0205 of these Regulations; also known as lot splits.
PERFORMANCE BOND. An agreement by the developer with the city guaranteeing the completion of physical improvements according to approved plans and specifications and in an amount determined by the City's Engineer to be sufficient to secure the completion of such improvements and secured by sufficient sureties or assets.
PERMANENT MARKER. A one-half inch diameter steel rod thirty inches in length.
PLANNED UNIT DEVELOPMENT. The type of land development defined in the Zoning Ordinance, wherein standards and procedures are established for such land use, including reference to these Regulations.
PLANNING COMMISSION. The Planning Commission of the city.
PRELIMINARY PLAT. The preliminary drawing described in these Regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways which the general public or a public entity have a right to use, or which are dedicated to public use, whether improved or not.
REGISTERED ENGINEER. An engineer properly licensed and registered in the State of Ohio.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the State of Ohio.
RESUBDIVISION. A change in the plat or drawing of a recorded major or minor subdivision if such change affects any street layout, lot line or public way.
RIGHT-OF-WAY. Any parcel of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities and may include special features such as separation, landscaped areas, viaducts and bridges.
SEDIMENTATION PLAN. A plan for the control of sedimentation in accordance with the provisions of this Code.
SIDEWALK BOND. An agreement by the developer with the city guaranteeing the construction of required sidewalks in a subject subdivision or development.
(1) The division of any parcel of land shown as a unit or as continuous 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
(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, 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.
THOROUGHFARE. A major trafficway designated in the Thoroughfare Plan as a regional thoroughfare, primary thoroughfare, secondary thoroughfare or collector street.
THOROUGHFARE PLAN. The official plan of proposed regional highways, primary and secondary thoroughfares, and collector streets of the city.
TREE PLAN. A plan for the planting of desirable shade trees in public areas in accordance with the provisions of this Code.
Other pertinent terms shall be as defined in any current Zoning Ordinance or other ordinance of the city or as their use and ordinary meaning indicate.