As used in the Subdivision Regulations:
(a) Stripmeans a parcel of land, at least sixty (60) feet in width for its entire length, which provides only one lot with access to a public street.
(b) See thoroughfare.
(c) means land that is used for the purpose of transporting bicyclists.
(d) means a piece or parcel of land entirely surrounded by public highways, public streets, streams, railroad right of way, or parks, etc. or a combination thereof.
(e) Setback Linemeans a line established by these regulations and/or zoning resolutions generally parallel with and measured from the lot line.
(f) means the Clerk of Council of Perry Village, Ohio.
(g) means the Perry Village Planning Commission.
(h) means the Perry Village Planning Commissioners.
(i) Development Planmeans mapped and/or written proposals, adopted by the Perry Village Planning Commission, illustrating the general location and extent of present and future development in Perry Village.
(j) propertyincludes the land, together with all buildings, improvements, and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property which have been submitted to the provisions of Chapter 5311 of the Revised Code. This type of ownership applies to "buildings as constructed", and means that, in the planning stages, this type of development is a subdivision and as such is subject to all regulations stated herein.
(k) means the Village Council (Legislative Authority) of Perry Village, Ohio.
(l) means Lake County, State of Ohio.
(m) Engineermeans the Lake County Engineer.
(n) Recordermeans the Lake County Recorder.
(o) Sanitary Engineermeans the Lake County Sanitary Engineer.
(p) Treasurermeans the Lake County Treasurer.
(q) means a written promise or pledge.
(r) See thoroughfare.
(s) means a transverse drain that channels under a bridge, street, or driveway.
(t) means a normal working day for the agency under discussion.
(u) means the act of legally setting apart to a definite use or service.
(v) means a unit of measurement: The number of dwelling units per acre of land.
(w) or Director of Service and Safetymeans the Service and Safety Departments or Director of Perry Village, Ohio.
(x) of lotmeans the mean distance from the front street line of the lot, piece or parcel to the rear line measured in the mean direction of the side lines of the lot, piece or parcel.
(y) means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
(z) unitmeans one or more rooms intended to be occupied being facilities for one family, including rooms and facilities for cooking and bathing.
(aa) means an interest in land in the possession of another which entitles the owner of such interest to a limited use or enjoyment of the land in which the interest exists.
(bb) means inspectors employed by the Village Engineer or the Lake County Sanitary Engineer.
(cc) means grading, draining, sanitary and storm sewers, water mains, pavement, curbs and gutters, sidewalks, street signs, street lights, parks, and the appropriate appurtenances required to render land suitable for the use proposed.
(dd) means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required.
(ee) Cornermeans a lot at the point of intersection of and abutting on two (2) or more intersecting streets.
(ff) Double-Frontagemeans a lot, other than a corner lot, that abuts more than one (1) street.
(gg) Linesmeans the boundaries of a lot.
(hh) Minimum Area ofmeans the area of a lot is computed exclusive of any portion of the right-of-way of any dedicated street.
(ii) Parcelmeans a division of land separated or proposed to be separated from other division of land by description on a recorded subdivision plat, recorded survey plat, map, or by metes and bounds for purposes of sale, lease, purchase agreement or separate use.
(jj) Townshiprefers to the original subdivision of land within Townships.
(kk) Subdivisionmeans any subdivision that does not meet the requirements of a minor subdivision.
(ll) PlanSee Plan
(mm) means the Mayor of Perry Village, Ohio.
(nn) and Boundsmeans the boundary lines of land, with their terminal points and angles.
(oo) Subdivisionmeans a proposed division of a parcel of land along an existing public street or road, not involving the opening, widening or extension of any street or road, and involving not more than five (5) lots after the original tract has been completely subdivided.
(pp) means permanent concrete or iron markers used to establish definitely all lines of the plat of subdivision, including all lot corners, boundary line corners, and points of change in street alignment.
(qq) means the municipality of Perry Village, Ohio.
(rr) Filedmeans the date on which all required materials and information have been delivered to the Planning Commission in a form acceptable to the Planning Commission.
(ss) Spacemeans an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts, or any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation and the like shall not be included.
(tt) Tractmeans a parcel as shown on the County Tax Map Records of Lake County.
(uu) means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these Regulations.
(vv) See Lot.
(ww) Areameans an open area other than a street, drive, or alley used for the standing or parking of motor vehicles with or without a fee.
(xx) Walkwaysmeans a dedicated public right-of-way limited to pedestrian use.
(yy) Bond or Surety Bondmeans an agreement by a subdivider or developer with the Village for the amount of the estimated construction cost (acceptable to the Village Engineer) guaranteeing the completion of all physical improvements according to the final approved plans, specifications, covenants and agreements within the time periods specified.
(zz) Unit Development (PUD)means a subdivided area of land, in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment.
(aaa) Authoritymeans the Perry Village Planning Commission, also referred to as the Planning Commission or the Commission.
(bbb) Commission or Commissionmeans the Planning Commission of Perry Village, Ohio.
(ccc) Finalmeans the completed subdivision plat in form for approval and recording.
(ddd) Private Surveymeans a map of one (1) or more parcels of land prepared by a registered surveyor for the purpose of providing information necessary or incident to the transfer of said parcels in cases not requiring their platting.
(eee) Planmeans a drawing for the purpose of study of a proposed subdivision for presentation to the Planning Commission for its consideration.
(fff) Engineermeans any person registered to practice professional engineering by the State Board of Registration as specified in the Ohio Revised Code.
(ggg) Utilitymeans any person, firm or corporation, governmental agency, or board having a public utility commission permit to furnish to the public, under regulations, electricity, gas, sewer, water, telephone, transportation, or other similar public services.
(hhh) means the act of officially filing a document or plat with the Office of County Recorder for the purpose of preserving said document or plat for future reference.
(iii) means a strip of land dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, drainage facilities, and may include special features required by the topography, such as grade separation, landscaped areas, viaducts and bridges.
(jjj) Linemeans a line established by the subdivision regulations and/or zoning ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except as provided in these regulations.
(kkk) means that portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
(lll) Improvement Planmeans a plan and/or map prepared by a registered engineer, surveyor, or architect showing improvements proposed to make a site suitable for building.
(mmm) means the Solicitor or legal advisor of Perry Village, Ohio.
(nnn) means persons so designated by the Planning Commission.
(ooo) Collectormeans a thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries or channels traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
(ppp) Cul-de-Sacmeans a local street having one (1) end open to vehicular, traffic, and the other end permanently closed to vehicular traffic.
(qqq) Dead Endmeans a street temporarily having only one (1) outlet for vehicular traffic but intended to be extended or continued in the future, and provided with a vehicular turnaround by a temporary easement.
(rrr) Dedicatedmeans a recorded right-of-way which provides vehicular and pedestrian access to commercial, industrial, or residential properties or structures, dedicated for the use of said properties or structures and/or the public forever. A dedicated street may be public or private, and is constructed in accordance with the subdivision road standards in effect at the time of said dedication and recording.
(sss) Localmeans a street primarily for providing access to residential, commercial, industrial, or other abutting properties.
(ttt) Major Arterial (Thoroughfare)means a general term denoting a highway which is primarily for through traffic, generally has limited access, carries heavy loads and large volumes of traffic, and is usually on a continuous route.
(uuu) Privatemeans a right-of-way which provides vehicular and pedestrian access to commercial, industrial, and residential properties or structures, dedicated for the use of said properties or structures but not for the use of the public, nor to be maintained by the public.
(vvv) Publicmeans a right-of-way, dedicated to public use, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated excepting however private streets.
(www) means any individual, firm, association, corporation, trust, or any legal entity, including agents, commencing proceedings under these Regulations to subdivide land for himself or for another. (Sometimes referred to as "developer").
(xxx) means:
(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 one of which is five (5) acres or less for the purpose, whether immediate or future, of transfer of ownership.
(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 directly serving individual industrial structures.
(3) 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.
(4) The following shall be exempted from this definition:
A. 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 sale or exchange does not create additional building sites, shall be exempted.
B. The sale or exchange of parcels between adjoining lot owners where such sale or exchange does not create an additional parcel.
(yyy) (Submission) means the date on which all required material and information has been officially filed.
(zzz) means a modification of the strict terms of the relevant Regulations where such modification will not be contrary to the public interest nor in conflict with the intent and purpose of these Regulations where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of these Regulations would result in unnecessary and undue hardship, not solely financial.
(Ord. 7A-1977. Passed 6-14-77.)