(A) Construction of terms. In constructing the intended meaning of terminology used in this chapter, the following rules shall apply.
(1) Unless the context clearly indicates otherwise, words and phrases shall have the meanings ascribed to them in division (B) below. Words not defined in division (B) below shall have the meanings ascribed to them as found in Chapter 154 of this code of ordinances. Words not defined in division (B) below or Chapter 154 of this code of ordinances shall have meaning as customarily assigned to them.
(2) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.
(3) Words used in the present tense shall include the future tense.
(4) Words used in the singular number shall included the plural number, and the plural the singular.
(5) The word SHALL is mandatory; the word MAY is permissive.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ADMINISTRATIVE OFFICER. The official appointed by the County Board to administer and enforce this chapter for the unincorporated area of the county. This official is one and the same as the Administrative Officer as provided in Chapter 154 of this code of ordinances.
AMENDMENT. A change in the provisions of this chapter, properly effected in accordance with state law and current county procedures.
AREA, GROSS. The entire area within the lot lines of the property proposed for subdivision/development, including any areas to be dedicated or reserved for street and alley rights-of-way and for any other public use.
BLOCK. An area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrian ways, or exterior boundaries of a subdivision unless the exterior boundary is a street, highway, or way), or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines. No BLOCK shall be longer than 1,000 feet nor shorter than 300 feet.
COLLECTOR STREET. A street used primarily to collect limited amounts of residential traffic and for access to abutting properties, and on which the speed limit is low and traffic volume is minimal.
CUL-DE-SAC. A street having only one outlet for vehicular traffic and having the other end permanently terminated by a turnaround for vehicles; the term may also be used to refer solely to said turn-around.
CURB AND GUTTER, INTEGRAL. The rum forming the edge of a street plus the channel for leading off surface water, constructed of poured concrete as a single facility.
DEVELOP. To erect any structure or to provide any improvements on a tract of land, or to undertake any activity (such as, but not limited to, grading) in preparation thereof.
EASEMENT. A grant made by a property owner for use of specified portions of his or her real property for specific and limited purposes.
EROSION. The wearing away of the land surface by the action of wind, water, or gravity.
IMPROVEMENTS. Any street, curb, gutter, sidewalk, drainage ditch, catch basin, newly planted tree, off-street parking area, or other facility necessary for the general use of property owners in a subdivision.
IMPROVEMENT PLANS. The engineering plans showing types of materials and construction details for the structures and facilities to be installed in, or in conjunction with, a subdivision.
LETTER OF CREDIT. An engagement by a bank made at the request of a customer that the issuer will honor drafts or other demands for payment upon compliance with the conditions specified in the credit.
MONUMENT, EXTERNAL BOUNDARY. Two concrete cylinders or rectangular prisms, not less than four inches in diameter or square and 42 inches long, shall be set at the extreme corners of the subdivision.
MONUMENT, INTERNAL BOUNDARY. Steel pins, not less than one-half-inch in diameter and 30 inches long, with a survey marker cap showing the land surveyor’s registration numbers, shall be located at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line and all angle points along a meander line.
PLAT, FINAL. The plan of record for a subdivision, as prepared by a state professional surveyor, presented to the Administrative Officer for approval for filing with the County Recorder’s office.
PLAT, PRELIMINARY. The proposed plan of record for a subdivision, as prepared by a state professional surveyor, presented to the Administrative Officer, after the pre-filing conference, for review.
PRE-FILING CONFERENCE. A conference held between the subdivider/developer, Administrative Officer, and other authorized representatives of the county, prior to the submission of a preliminary plat.
ROAD, PRIVATE. An ingress/egress provided as access to building lots. PRIVATE ROADS are not intended for public dedication to township, county, or other incorporated jurisdictions. PRIVATE ROADS do not receive services as provided to other dedicated streets and roadways. PRIVATE ROADS are subject to the standards for streets as listed elsewhere in this chapter.
SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, or gravity as a product of erosion.
SIDEWALK. A pedestrian way constructed in compliance with the standards of this chapter.
SOIL. All unconsolidated mineral and organic material of whatever origin that overlies bedrock which can be readily excavated.
SUBDIVIDER/DEVELOPER. Any person, firm, partnership, association, corporation, estate, or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a subdivision as defined in this chapter.
SUBDIVISION. Any division of land into two or more lots, any of which is less than five acres, or any transfer involving an easement of ingress or egress except as provided in § 153.04.
SUBDIVISION, MINOR. A division of land less than five total acres into two but no more than five lots. A MINOR SUBDIVISION may or may not involve new streets, other rights-of-way, easements, improvements, or other provisions for public areas and facilities.
SUBDIVISION, MAJOR. A division of land less than five total acres into not less than two by typically more than five lots. A major subdivision shall involve new streets, other rights-of-way, easements, improvements, or other provisions for public areas and facilities.
TOPOGRAPHY. The relief features or surface configuration of an area of land.
UTILITY. A business or service which is engaged in regularly supplying the public with some commodity or service which is of consequence and need, and which has a duty to serve without discrimination all within its service area. A UTILITY can be publicly or privately owned and includes, but is not limited to:
(a) Electricity;
(b) Gas, oil, or steam;
(c) Water;
(d) Sanitary sewerage;
(e) Storm sewerage;
(f) Telephone or telegraph;
(g) Cable television or other communication lines; and
(h) Transportation lines, such as fixed rail, but only if expressly stated.
VARIANCE, SUBDIVISION. A relaxation in the strict application of the design and/or improvement standards as provided for in § 153.05.
(Prior Code, § 3-3-2) (Res. passed 10-18-1994; Res. passed 4-21-1998)