As used in these Regulations, the following words shall have the following meanings:
(1) "Alley" means a quantity of land, having a minimum width of twenty feet, 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.
(2) "Block" means a subdivided property surrounded by, but not separated by, one or more of the following man-made or physical land features: private and public dedicated streets, unsubdivided acreage, rivers or streams, or any other physical feature which prevents continuity of development.
(3) "Boulevard" means a street or road on which traffic flow is divided into each direction by a median strip which is usually landscaped with grass andplantings. A boulevard may serve the function of a secondary street, collector street or minor street, depending upon its relationship within the overall transportation system.
(4) "Building setback line" means a line establishing the limits of a yard which abuts a street and in which no building may be located.
(5) "Collector street" means a street servicing industrial and commercial areas or the principal street which carries the burden of local traffic to primary streets or secondary streets, including the principal entrance streets of residential developments and primary circulation routes within such developments.
(6) "County" means Morrow County, Ohio.
(7) "Cul-de-sac" means a street having one outlet open to vehicular traffic and the other end permanently terminated by a vehicular turn-around.
(8) "Dead-end street" means a street temporarily having one outlet open to vehicular traffic and not provided with a permanent vehicular turn-around.
(9) "Developer" means any person, partnership or corporation, or any duly authorized agent thereof, who constructs or contracts to construct improvements on subdivided land. A developer may also be a subdivider as elsewhere defined herein.
(10) "Easement" means a quantity of land over 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.
(11) "Engineer, professional" means a person registered to practice professional engineering by the State of Ohio Board of Registration, as specified in OhioR.C. 4733.14.
(12) "Final plan." See "Subdivision."
(13) "Flood plain" means that land which has been or may hereafter be covered by flood waters, including, but not limited to, the regulatory flood. For the purposes of these Regulations, the regulatory flood shall be deemed to be a flood of 100-year frequency.
(14) "Improvement" means grading, street surfacing, curbs and gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, storm seweroutfalls, culverts, street lights, street trees and the appropriate appurtenances required to render land suitable for the use proposed.
(15) "Licensed land surveyor" means a person licensed to practice surveying by the State of Ohio Board of Registration, as specified in Ohio R.C. 4733.14.
(16) "Lot" means a division of land separated or intended to be separated from other divisions of land by description on a recorded subdivision plat, or a recorded survey map or by metes and bounds, for the purpose of sale, lease or separate use.
(17) "Lot, corner" means a lot at the point of intersection of and abutting onto more than one street.
(18) "Lot, double frontage" means a lot, other than a corner lot, that abuts onto more than one street.
(19) "Lot lines" means the lines defining the boundaries of a lot.
(20) "Marginal access streets" means minor streets which are parallel to and adjacent to arterial streets and highways and which serve to reduce the number of access points to the arterial streets and thereby increase traffic safety.
(21) "Minor street" means a street used primarily to provide access to abutting properties. Minor streets may be further classified as cul-de-sacs or marginal, access, loop or dead-end streets.
(22) "Official maps" means 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.
(23) "Open space development" means any subdivision of land which has both individual building sites and common open space areas, such as park and recreation areas, and which is planned, designed and organized as a unified development capable of providing for a variety of residential dwellings.
(24) "Owner" means any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in land sought to be subdivided to commence and maintain proceedings to subdivide the same under these Regulations.
(25) "Pavement" means that portion of the street right of way surfaced for vehicular use.
(26) "Pedestrian walkway" means a dedicated public right of way limited to pedestrian use.
(27) "Performance bond" means an agreement by and between the subdivider and a bonding company in favor of the Village, or an instrument approved by the Village between a subdivider and the Village, for the amount of the estimated construction costs, guaranteeing the completion of the required improvements according to the specifications set forth in these Regulations,within the time prescribed by the above agreement.
(28) "Planned unit development" means any subdivision of land where both individual building sites and common property devoted to parks, playgrounds or school sites are designed and organized to be capable of satisfactory use and operation as a self-contained residential area. A planned unit development may include shopping centers and planned industrial park developments.
(29) "Planning Commission" means the Planning Commission of the Village of Mount Gilead, Morrow County, Ohio.
(30) "Preliminary plan" means a drawing completed for the purpose of studying a major subdivision and which, if approved, permits proceeding with the preparation of a subdivision plat.
(31) "Primary street" means a street of great continuity, that is not an expressway, which serves or is intended to serve as a major traffic way within the Village, County or both. Primary streets comprise the basic structure of the Thoroughfare Plan.
(32) "Public reservation" means a portion of a subdivision which is set aside for public use and made available for public use and acquisition.
(33) "Public utility" means any person, firm, association, corporation, trust, board, commission or other legal entity, duly authorized to furnish to the public, under State, County or Municipal regulations, any of the following services: gas, steam, electricity, sewage disposal and treatment, communication, television, telegraph, transportation and water or waste treatment.
(34) "Registered architect" means an architect duly authorized to practice architecture in accordance with State law.
(35) "Registered engineer" means an engineer duly authorized to practice civil engineering in accordance with State law.
(36) "Reserve strip" means a strip of land parallel and abutting a thoroughfare controlling the means of access onto the property.
(37) "Reserved area" or "reservation" means a parcel of land within a subdivision which is set aside for a specific use, other than residential, commercial or industrial.
(38) "Right of way" means the land between property lines of a street, alley, pedestrian walkway or utility line, dedicated to public ownership or use, not including an easement.
(39) "Secondary street" means a street of considerable continuity which serves or is intended to serve as the principal traffic way between large and separated areas or districts and which is the main means of access to the main thoroughfare system of primary streets.
(40) "Service drive" means a street providing access to property which abuts or is adjacent to minor or major thoroughfares.
(41) "Street" means a right of way dedicated or deeded for public use, which provides for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, freeway, road, boulevard, avenue, lane, place or otherwise.
(42) "Subdivider" means an individual, firm, association, corporation, trust or any legal entity, commencing proceedings under these Regulations to subdivideland within the Village.
(43) "Subdivision" means the division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax role, 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. However, the division or partitioning 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. "Subdivision" also means the improvement of one or more parcels of land for residential and commercial or industrial structures or groups of structures involving the division or allocation of land for the opening or extension of any street or streets, except private streets serving industrial structures; or the division or allocation of land as open space for common use by owners, occupants or lease holders, or as an easement for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(44) "Subdivision, minor" means a subdivision of a parcel along an existing public dedicated street, not involving the opening, widening or extension of any street or road, and involving not more than five lots, after the original tract has been completely subdivided, provided that the same is notcontrary to applicable platting, subdividing or zoning regulations.
(Ord. 1222. Passed 12-16-91.)