As used in these Subdivision Regulations:
(1) Alley. “Alley” means a public right-of-way, not less than twenty feet wide, serving as a secondary means of access to two or more properties.
(2) Apartment. See subsection (29) hereof.
(3) Block. “Block” means a parcel of land bounded on all sides by streets.
(4) Building Setback Line. “Building setback line” means a line indicating the minimum permitted horizontal distance between the street right-of-way and any building or projection thereof, excluding steps. In a case where the proposed width of a street as set forth in the Official Thoroughfare Plan differs from that of the existing street, the building setback line shall be measured from the proposed street right-of-way line as set forth in such Plan.
(5) Commission. “Commission” means the Clark County-Springfield Regional Planning Commission or the Miami County Planning Commission.
(6) Comprehensive Plan. “Comprehensive Plan” means the long-range plan adopted and as amended from time to time, by the Planning Board and Council, when involved, providing for the general location of the principal streets, parks, zoning districts, schools and other public buildings and any other long-range aspects of physical planning.
(7) County. “County” means Clark County, Ohio or Miami County, Ohio.
(8) County Engineer. “County Engineer” means the Engineer of Clark County or Miami County.
(9) Crosswalk. “Crosswalk” means a ten-foot public right-of-way which cuts across a block to provide pedestrian access to adjacent areas.
(10) Cul-de-Sac. “Cul-de-sac” means a short minor street, having one end open to motor traffic and the other end terminated by a vehicular turnaround.
(11) Dead-End Street. “Dead-end street” means a street right-of-way having only one outlet for motor traffic and not containing a vehicular turnaround.
(12) Developer. “Developer” means an individual, group or organization who or which constructs or contracts to construct improvements on subdivided land.
(13) Director of Public Service. “Director of Public Service” means the Director of Public Service of the Municipality. In all instances set forth in these Subdivision Regulations where reference is made to the Director of Public Service as pertaining to permanent improvements, the assumption is made that the office of the Director will act as the duly authorized agent of Council. If such is not the case, all such references shall be interpreted to mean Council or its duly authorized agents.
(14) Easement. “Easement” means a grant by the owner of land for the specified use of public utilities, public access or future public use.
(15) Engineer. “Engineer” means a person who is authorized to practice civil engineering, as defined by Occupations-Professions of the State of Ohio, due to his or her registration with the State.
(16) Flood Plain. “Flood plain” means those districts designated by the Planning Board as such in the Comprehensive Plan.
(17) Improvements. “Improvements” means grading, paving, curbing, street lights, street signs, fire hydrants, water mains, gas mains, sanitary sewers, on-site walks, monuments, street shade trees and other appropriate items.
(18) Inspection Fee. “Inspection fee” means the fee paid by the subdivider or developer to the Municipality for inspecting the construction of improvements. However, if the improvements are within the three-mile jurisdictional area, such fee shall be paid to the County. The fee may be modified by the existence and/or adoption of a utility extension policy.
(19) Key Map. “Key map” means a drawing at a reduced scale, located on the final map, which shows enough of the general area around the subdivision in question so as to locate the subdivision.
(20) Land Use Plan. “Land Use Plan” means the long-range plan, as officially adopted and as amended, from time to time, by the Planning Board and Council, for the desirable use of land within the three-mile jurisdictional area. The purpose of such Plan, among other purposes, is to serve as a guide in the zoning, and progressive changes in the zoning, of land to meet changing community needs in the appropriate subdividing and development of undeveloped land and in the acquisition of rights-of-way or sites for such public facilities as streets, parks, schools and/or public buildings.
(21) Letter of Credit. “Letter of credit” means a document signed by an officer of the lending institution financing a proposed development, which states that the developer has, on deposit with that institution, the funds to complete the proposed development as specified in plans reviewed by the Planning Board.
(22) Lot. “Lot” means a piece, parcel or tract of land occupied or intended to be occupied by a principal building and accessory buildings or utilized for a principal use and uses accessory thereto, together with the required open spaces, and having frontage on a public street.
(23) Lot, Corner. “Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the corner.
(24) Lot, Interior. “Interior lot” means a lot other than a corner lot.
(25) Map. “Map” means the scaled representation of a parcel of land or subdivision.
(26) Multifamily. “Multifamily” means a building or portion thereof designed exclusively for occupancy by three or more families living independently of each other.
(27) Municipal Engineer. “Municipal Engineer” means the Engineer of the Municipality of New Carlisle. In the event that this position should be vacant at any time, the Engineer's duties as outlined in these Subdivision Regulations shall be performed by the Director of Public Service or his or her duly appointed representative.
(28) Neighborhood Pattern. “Neighborhood pattern” means an urban pattern of development based upon the neighborhood unit concept.
(29) Neighborhood Plan. “Neighborhood plan” means a neighborhood unit designed prior to the subdivision of most of the land area, for the purpose of indicating the general location of the different land uses and streets.
(30) Neighborhood Unit. “Neighborhood unit” means an area of land urban in character and bounded, but not traversed, by major traffic arteries or other barriers, resulting in a distinct entity of such size and density as to contain its own school, churches, shopping district and recreation area.
(31) Original Tract. “Original tract” means a contiguous quantity of land held in common ownership and recorded in the office of the County Recorder as of or before, which has not been platted by the existing owner.
(32) Performance Bond. “Performance bond” means an agreement between a developer and a bonding company in favor of Council, if improvements are outside the Municipality, for 100 percent of the amount of the estimated cost of construction, guaranteeing the completion of physical improvements according to plans and specifications and within the time limit prescribed by the subdivider's agreement.
(33) Planning Board. “Planning Board” means the Planning Board of the Municipality, which controls the subdivision of land in the Municipality and also, in conjunction with the appropriate Commission, the area within a distance of three miles from the Municipality.
(34) Plat. “Plat” means a final map of the subdivider's plan of subdivision, or an area which has been or is about to be subdivided by means of recording a final map.
(35) Preliminary Plan. “Preliminary plan” means a plan prepared by a registered engineer or surveyor showing existing features of the land and the proposed street and lot layout within and adjacent to a subdivision as a basis for consideration prior to preparation of a final plan.
(36) Record of Final Plan. “Record of final plan” means a complete and exact subdivision plan prepared by a registered surveyor for official recording as required by statute, showing right-of-way lines, easements, lot lines and areas, deed restrictions, existing buildings, applicable zoning limitations and any other relevant information pertaining to the streets and other improvements of a subdivision.
(37) Reserves. “Reserves” means parcels of land within a subdivision that are intended for future designated use.
(38) Right-of-way. “Right-of-way” means the land between property lines utilized as a street, alley, crosswalk or other dedicated public use.
(39) Staff. “Staff” means a group of individuals employed by the Municipality for services rendered to the Planning Board within the realm of planning.
(40) Street. “Street” means a public right-of-way, normally fifty feet or more in width, which provides a public means of access to abutting property. “Street” includes avenue, drive, circle, road, land, court, parkway, boulevard, highway, thoroughfare and any other similar term.
(41) Street, Collector. “Collector street” means a public right-of-way which carries traffic from local streets to the major system of primary and secondary thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such development.
(42) Street, Local Access. “Local access street” means a public thoroughfare which is used primarily for access to the abutting residential properties.
(43) Street, Marginal Access. “Marginal access street” means a minor street which is generally parallel and contiguous to an expressway, freeway, parkway or other major street, which is so designed as to intercept, collect and distribute traffic desiring to cross, enter or leave such traffic artery and which provides access to abutting properties and protection from through traffic.
(44) Street, Special. “Special street” means a public thoroughfare designated for a particular use, such as serving apartment areas, not classified within the street groupings listed in this section.
(45) Subdivider. “Subdivider” means any person or his or her duly appointed agent who undertakes the subdivision of land.
(46) Subdivision. “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 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 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 easements for the extension and maintenance of public sewer, water, storm drainage or public facilities.
(47) Subdivision Regulations. “Subdivision Regulations” means Ordinance 83-32, passed August 15, 1983, as amended, codified herein as Title Four of Part Twelve - the Planning and Zoning Code.
(48) Surveyor. “Surveyor” means a registered surveyor as defined by the Registration Act of the State of Ohio.
(49) Tentative Sketch. “Tentative sketch” means a rough draft showing proposed streets and lots, preferably prepared by a registered engineer, surveyor or qualified site planner, to be used as the basis of informal discussion between representatives of the Municipality and the subdivider.
(50) Thoroughfare Plan, Official. “Official Thoroughfare Plan” means the plan, as adopted and as amended from time to time by the Planning Board, which establishes the general location and official right-of-way widths of the primary and secondary thoroughfares and various streets in the Municipality, which is on file in the office of the County Recorder and the Planning Board. The Commission and the Board are the official adopting agencies for the Official Thoroughfare Plan in the three-mile jurisdictional area.
(51) Thoroughfare, Primary or Secondary. “Primary or secondary thoroughfare” means an officially designated Federal or State highway or any other street designated as a primary or secondary thoroughfare on the Official Thoroughfare Plan.
(52) Three-Mile Jurisdictional Area. “Three-mile jurisdictional area” means the area falling within an arc with a radius of three miles measured from any point located in the Municipality.
(53) Urban Area. “Urban area” means an area which:
A. Contains five lots or more, all of which lie within the bounds of a circle, the radius of which is 300 feet or less, or, in the case of a one-street linear development, an area which contains five lots within a linear distance of 500 feet; or
B. Lies within the confines of the Municipality.
(54) Utility Transition Area. “Utility transition area” means an area indicated on the Land Use Plan as needed for and adapted to future residential use at population densities requiring the provision of public water supply and public sanitary sewerage disposal, but which lacks one or both of such utility services. Such area may be designated as a utility transition area by the Planning Board and the Commission in the three-mile jurisdictional area, when in its or their opinion, the provision of one or both of the utility services are ensured within a reasonable length of time.
(Ord. 83-32. Passed 8-15-83.)