(a) For the purpose of these regulations words and terms used herein shall have the following meaning:
(1) Adequate Public Facilities. Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by Council based on specific levels of service.
(2) Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
(3) Applicant. The owner of land to be subdivided or his representative, who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
(4) Area of Benefit. An area of land which is designated by the Planning Commission as receiving benefits from or creating the need for the construction, acquisition, or improvement of a Public Facilities Project.
(5) Area Related Facility. A capital improvement designated in the capital improvements program as serving new development and which is not a site- related facility. Area- related facilities may include land dedication or construction of an oversized capital improvement, whether located offsite, or within or on the perimeter of the development site.
(6) Average Density. See Cluster Zoning.
(7) Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of- way, shorelines of waterways, or boundary lines of municipalities.
(8) Bond. Any type of surety bond in an amount and form satisfactory to the Council. All bonds shall be approved by the Council whenever a bond is required by these regulations..
(9) Buffer. A naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multi phased or phased subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.
(10) Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
(11) Building Commissioner. The person designated by the local government to enforce the Zoning Ordinance. If no administrative assistant is appointed to administer these regulations, the Building Commissioner shall administer these regulations.
(12) Capital Improvement. A public facility with a life expectancy of three or more years, to be owned and operated by, or on behalf of the local government.
(13) Capital Improvements Program. A plan setting forth those capital improvements and that portion of their costs which are attributable to serving new development within designated service areas for such public facilities over a period of specified years (10-20). Capital improvements program may refer either to the plan for a particular service area or to the aggregation of capital improvements and the associated costs programmed for all service areas for a particular category of public facilities.
(14) Central Sewer System. A community sewer system, including collection and treatment facilities, established by the developer to serve a new subdivision.
(15) Central Water System. A public or private water company formed to serve new subdivisions. It may include water treatment and distribution facilities.
(16) Certify. Whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the municipality by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification.
(17) Cluster Zoning. A technique which allows lots to be reduced in size and buildings sited closer together provided the total development density does not exceed that which could be constructed on the site under conventional zoning and the remaining land is utilized for open space or public purposes.
(18) Editor’s Note: This subsection is reserved for future legislation.
(19) Collector Roads. A road intended to move traffic from local roads to secondary arterial. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.
(20) Common Ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
(21) Concurrency. Requirement that development applications demonstrate that adequate public facilities are available at prescribed levels of service concurrent with the impact or occupancy of development units.
(22) Condominium. A unit available for sale in fee simple contained in a multi- occupancy project subject to covenants and restrictions placing control over the common facilities in an elected board.
(23) Construction Plan. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.
(24) Contiguous. Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot.
(25) Cooperative. An entire project which is under the common ownership of a Board of Directors with units leased and stock sold to individual cooperators.
(26) Cul-de-Sac. A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement.
(27) Design Criteria. Standards that set forth specific improvement requirements.
(28) Developer. The owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these regulations.
(29) Development Agreement. Agreement between the City of Wickliffe and the developer through which the City agrees to vest development use or intensity or refrain from interference with subsequent phases of development through new legislation in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.
(30) Easement. Authorization by a property owner for another to use the owner's property for a specified purpose.
(31) Escrow. A deposit of cash with the local government or escrow agent to secure the promise to perform some act.
(32) Exactions. Requirement of development to dedicate or pay for all or a portion of land or costs of public facilities as a condition of development approval.
(33) Expenditure. A sum of money paid out in return for some benefit or to fulfil some obligation. The term includes binding contractual commitments whether by development agreement or otherwise to make future expenditures as well as any other substantial change in position.
(34) External Buffer. A naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multi phased or phased subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.
(35) Final Subdivision Plat. The map of a subdivision to be recorded after approval by the Planning Commission and any accompanying material as described in these regulations.
(36) Flexible Zoning. Zoning which permits uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated. Flexible zoning applications shall include all special permits and special uses, as well as, planned unit developments.
(37) Frontage. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot.
(38) Frontage Street. Any street to be constructed by the developer or any existing street where development shall take place on both sides.
(39) Grade. The slope of a road, street, or other public way specified in percentage terms.
(40) Health, Safety, or General Welfare. The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as police power.
(41) Homeowner's Association (see Property Owner's Association).
(42) Household. Any person or persons who reside in the same housing unit.
(43) Housing Unit. A building, or portion thereof which is designed or used primarily for residence purposes but not including motels, hotels, boarding houses, or tourist dwellings. An attached garage shall be considered part of the housing unit.
(44) Landscaping. Acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers, and shade trees.
(45) Local Government. The municipality of the City of Wickliffe.
(46) Local Road. A road whose sole function is to provide access to abutting properties and to other roads from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage utilities.
(47) Lot. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or for building development.
(48) Lot, Corner. A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees.
(49) Lot Improvement. Any building, structure, place, work of art, or other object situated on a lot.
(50) Major Subdivision. All subdivisions not classified as minor subdivisions, including not only limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extension of the local government facilities or the creation of any public improvements.
(51) Market Value. The fair market value of a designated improvement based on appraisal of a State Certified Real Estate Appraiser.
(52) Master Plan. A comprehensive plan for development of the local government prepared and adopted by the Planning Commission, pursuant to State law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
(53) Minor Subdivision. Any subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance, or these regulations.
(54) Model Home. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.
(55) Money in Lieu of Land. The payment of money into a municipal earmarked fund to provide for acquisition of facilities off-site in place of dedicating land or providing such facility on site.
(56) Neighborhood Park and Recreational Improvement Fund. A special fund established by the City to retain monies contributed by developers in accordance with the "money in lieu of land" provisions of these regulations.
(57) New Development. A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of land; any of which has he effect of increasing the requirements for capital improvements, measured by number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the City's subdivision regulations, the issuance of a building permit, or connection to the water or sanitary sewer system.
(58) Nonresidential Subdivision. A subdivision whose intended use is other than residential, such as commercial or industrial.
(59) Notice of Noncompliance. A notice issued by the Planning Commission or its representative informing the applicant for approval of a major subdivision that the sketch plan is not in compliance with these regulations and that the applicant may not apply for preliminary plat approval.
(60) Notice to Proceed. A notice issued by the Planning Commission or its representative informing the applicant for approval of a major subdivision that the sketch plat is in compliance with these regulations and that the applicant may proceed to apply for preliminary plat approval.
(61) Offset. The amount of the reduction of an impact fee designed to fairly reflect the value of area-related facilities or other oversized facilities provided by a developer pursuant to the local government's subdivision or zoning regulations or requirements, rules herein established, or administrative guidelines.
(62) Off-site. Any premises not located within the area of the property to be subdivided, whether or mot in the common ownership of the applicant for subdivision approval.
(63) Office Development Project. Any new construction, addition, extension, conversion, or enlargement, or combination thereof, of an existing structure which includes any gross square feet of office space.
(64) Office Use. Space within a structure, or portion thereof intended or primarily suitable for occupancy by persons or entities which perform, provide, for their own benefit, or provide to others at that location, services including but not limited to the following: professional, design, banking, insurance, management, consulting, technical, or sales; or the office functions of manufacturing and warehousing businesses, but excluding retail uses; repair; any business characterized by the transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; or other space intended and primarily suitable for display of goods.
(65) Official Map. The map established by the City pursuant to law showing the streets, highways, parks, drainage systems and setback lines laid out, adopted, and established by law, and any amendments or additions adopted by the City resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of approved plats.
(66) Ordinance. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
(67) Owned Unit. A designated condominium unit, stock cooperative, or community apartment.
(68) Owner. The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the definitions of Same Ownership.
(69) Performance Criteria. Regulation of development based on open space ration, impervious surface ration, density, and floor area ratio.
(70) Perimeter Street. any existing street to which the parcel of land to be subdivided abuts on only one (1) side.
(71) Person. Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.
(72) Phased Subdivision Application. An application of subdivision approval submitted pursuant to a Master Plan, or at the option of the subdivider, pursuant to a specific plan in which the applicant proposes to immediately subdivide the property but will develop in one or more individual phase(s) over a period of time. A phased subdivision application may include an application for approval of, or conversion to, horizontal or vertical condominiums, nonresidential development projects, planned unit developments, mixed-use projects, and residential developments.
(73) Planned Unit Development (PUD). A development constructed on a tract of minimum size under single ownership, planned and developed as an integral unit and consisting of a combination of residential and/or nonresidential uses on the land.
(74) Planning Commission. The City of Wickliffe Planning Commission as established in accordance with law.
(75) Police Power. Inherent, delegated, or authorized legislative power for purposes of regulation to secure health, safety, and general welfare.
(76) Preliminary Plat. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
(77) Primary Artery. A road intended to move through traffic to and from major attractors such as central business districts, regional shopping centers, colleges, industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas and/or which carries high volumes of traffic.
(78) Private Street. A street or road, including a new easement of access, subject to planning in accordance with these regulations and held in private ownership for which the City shall assume no maintenance responsibility. The construction of a private street shall conform to the rules, standards and specifications for driveway improvements adopted by the City.
(79) Property Owner's Association. An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision is automatically a member as a condition of ownership and each member is subject to a charge or assessment for a pro-rated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.
(80) Public Facilities Project. Any and all public improvements the need for which is directly or indirectly generated by development, including but not limited to water and sewer mains, pipes, conduits and appurtenances; electrical power generation and distribution facilities; sidewalks, crosswalks, parks, and streets; police and fire equipment, stations, and similar facilities required to support the public health , safety and welfare.
(81) Public Hearing. An adjudicatory proceeding held by the City Council, Planning Commission, or Board of Zoning Appeals preceeded by published notice and actual notice to certain persons and at which certain persons, including demonstrating that plat approval should or should not be granted. Witnesses shall be sworn and subject to cross- examination. The rules of civil procedure binding on the courts shall not, however, bind the Planning Commission.
(82) Public Improvement. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local government responsibility is established.
(83) Public Meeting. A meeting of the Planning Commission, Council, or Board of Zoning Appeals preceded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.
(84) Registered Engineer. An engineer properly licensed and registered in the State.
(85) Registered Land Surveyor. A land surveyor properly licensed and registered in the State.
(86) Rental Unit. A designated unit which is not a condominium, stock cooperative, or community apartment.
(87) Re-subdivision. Any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use or any lot line, or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
(88) Retail Use. Space within any structure or portion thereof intended or primarily suitable for occupancy by persons or entities which supply commodities to customers on the premises including, but not limited to, stores, shops, restaurants, bars, eating and drinking businesses, and the space accessory to such retail use.
(89) Right-of-Way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
(90) Road, Dead-End. A road or a portion of a road with only one (1) vehicular traffic outlet.
(91) Road, Right-of-Way Width. The distance between property lines measured at right angles to the centerline of the street.
(92) Sale or Lease. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or other transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot and block description.
(93) Screening. Either (a) a strip of least ten (10) feet wide of densely planted shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year-around dense screen at least six (6) feet high; or (b) an opaque wall or barrier or uniformly painted fence at least six (6) feet high.
(94) Secondary Arterial. A road intended to collect and distribute traffic in a manner similar to primary arterial, except that these roads service minor traffic-generating areas such as community commercial areas, primary and secondary education facilities, hospitals, major recreational areas, churches, and offices and are designed to carry traffic from collector streets to the system of primary arterial.
(95) Security. The letter of credit or cash escrow provided by the applicant to secure its promises in the subdivision improvement agreement.
(96) Setback. The distance between a building and the street line nearest to the building.
(97) Shade Tree. A tree in a public place, street, special easement, or right-of- way adjoining a street as provided in these regulations.
(98) Sketch Plan. A sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations.
(99) Sponsor. An applicant seeking approval for construction of a project subject to these Regulations, such applicant's successors and assigns, and/or any entity which controls or is under common control with such applicant.
(100) Structure. Anything constructed or erected.
(101) Subdivide. The act or process of creating a subdivision.
(102) Subdivider. Any person who (1) having an interest in land, causes it, directly or indirectly, to be subdivided, or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a subdivision, or , who (3) engages directly or through an agent in the business selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision, and who (4) is directly of indirectly controlled by, or under direct or indirect common control with any of the foregoing.
(103) Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcel, sites, units. plots, condominiums, tracts, or interests for the purpose of offer, sale, lease, or development whether immediate or future. Subdivision includes the division or development of residentially and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. Subdivision includes re- subdivision and condominium creation or conversion.
(104) Subdivision Improvement Agreement. A contract entered into by the applicant and the Planning Commission on behalf of the municipality by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.
(105) Subdivision Plat. The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the County Clerk or Recorder for filling.
(106) Temporary Improvement. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
(107) Tract. A lot. The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivision, where a "tract" is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts, or interests.
(108) Transfer of Development Rights. The conveyance of development rights by deed, easement, or other legal instrument, authorized by ordinance or regulation, to another parcel of land and the recording of that conveyance.
(109) Vested Rights. Right to initiate or continue the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed.
(110) Building Commissioner - An officer or agent of the City- vested with the responsibility of administering and enforcing these regulations.
(Ord. 2004-40. Passed 5-24-04.)