(a) Interpretations of Terms or Words. For the purpose of these Subdivision Regulations, certain terms or words used herein shall be interpreted as follows:
(1) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(2) The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.
(3) The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied."
(4) The word "lot" includes the words "plot," "tract", or "parcel".
(b) The following definitions shall be used in interpreting these Regulations:
(1) "Block" means a piece or parcel of land entirely surrounded by public highways, public streets, railroad rights-of-way, parks, streams, lakes or bodies of water, or a combination of the aforesuch bounds.
(2) "Bond" means a document properly executed by a surety, or sureties, satisfactory to the fiscal officers of the appropriate City or County, or a certified check, either of which is deposited with the appropriate City or County, guaranteeing the following:
A. A "construction performance bond" is deposited as a guarantee that the subdivision improvements shall be satisfactorily completed within the time period agreed upon.
B. A "maintenance bond" is deposited as a guarantee that all subdivision improvements shall remain satisfactory for a period of one year after completion and acceptance by the City.
(3) "Building" means a structure having a roof supported by columns or walls and intended for shelter, housing or enclosing persons, animals or chattels. A. "Main building" means a building in which a permitted use may be conducted independent of the uses conducted in other buildings on the site, excluding farm buildings.
B. "Accessory building" means a building in which the use is subservient to, or customarily incident to, the use of the main building, as opposed to a building which is used for a purpose independent of the main building
(4) "Building setback line" means a line indicating the minimum horizontal distance permitted between a building and a street right-of-way line.
(5) "Building site" means that portion of the lot or parcel of land upon which the building and appurtenance is to be placed or is already existing, including adequate areas for sewage disposal, clearance, proper drainage and appropriate easements.
(6) "City" means the City of Ashland, Ashland County, Ohio.
(7) "Condominium" means a building, or buildings, in which title to the land and multi-unit improvements on the land are acquired by any two or more persons in any manner whereby each person is vested with title to:
A. Some form of undivided ownership in one or more units such as apartments, offices, suites or the like; and
B. An interest as tenant in common in the land and all the improvements except the units, but including easements of right-of- way to access drives, garages, off-street parking space and other common areas.
All requirements set forth in the Zoning Code for multiple dwellings shall also apply to condominium development.
(8) "Conveyance" means the transfer of ownership, whether immediate or future, of land, including a land contract upon being entered into or similar instrument.
(9) "Covenant" means a written promise or pledge.
(10) "County" means Ashland County, Ohio.
(11) "Crosswalk" means a right-of-way dedicated to public use, ten feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
(12) "Culvert" means a drain that channels under a bridge, road, street, or driveway.
(13) "Developer" means any person, partnership or corporation, or duly authorized agent who constructs, or contracts to construct, improvements in developments or on subdivided land. A developer may also be a subdivider elsewhere defined herein.
(14) "Development" means the act of improving a property to accommodate more than one main building or subdividing a property. Development is also another name for the land being subdivided or improved.
(15) "Development area" means any contiguous (abutting) area owned by one person or operated as one development unit and used or being developed for nonfarm commercial, industrial, residential or other nonfarm purposes upon which earth-disturbing activities are planned or underway.
(16) "Detention basin" is the most common in urban drainage works. Generally, low flows are not affected. When inflow is great though, the detention storage reduces the outflow, thus enabling smaller capacity works being needed downstream. (Normally dry.)
(17) "District" means a soil and water conservation district, organized under Ohio R.C. Chapter 1515.
(18) "Drainageway" means an area of concentrated water flow other than a river, stream ditch or grassed waterway.
(19) "Dwelling unit" means space within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(20) "Earth disturbing activity" means any grading, excavating, filling or other alteration of the earth's surface where natural or manmade ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
(21) "Easement" means a grant by a property owner of the use of a strip of land, for a specific purpose or purposes, by the general public, corporation, or to a certain person or persons.
(22) "Engineer" means:
A. A person authorized to practice engineering in Ohio by virtue of registration under the requirements of Ohio statutes.
B. "City Engineer" means the City Engineer or the Director of Engineering of Ashland.
C. "County Engineer" means the County Engineer of Ashland County.
(23) "Erosion" means:
A. The wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep.
B. Detachment and movement of soil or rock fragments by water, wind, ice or gravity.
C. Erosion includes:
1. Accelerated Erosion: Erosion much more rapid than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man.
2. Floodplain Erosion: Abrading and wearing away of the nearly level land situated on either side of a channel due to overflow flooding.
3. Gully Erosion: The erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt and actively removes the soil from this narrow area to considerable depths such that the channel would not be obliterated by normal smoothing or tillage operations.
4. Natural Erosion (Geologic Erosion): Wearing away of the earth's surface by water, ice or other natural environmental conditions of climate, vegetation, etc., undisturbed by man.
5. Normal Erosion: The gradual erosion of land used by man which does not greatly exceed natural erosion.
6. Rill Erosion: An erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed soils.
7. Sheet Erosion: The removal of a fairly uniform layer of soil from the land surface by wind or runoff water.
(24) "Flood area; flood plain" means that portion of a river or creek valley adjacent to the channel which is covered with water when the stream overflows its banks at flood stage.
(25) "Frontage, lot or street":
A. "Lot frontage" means the distance between adjacent property lines, measured along the street line (street right-of-way line).
B. "Street frontage" means all the property fronting on one side of a street between the two nearest intersecting streets or other barriers.
(26) "Grassed waterway" means a broad and shallow natural course of constructed channel covered with erosion-resistant grasses or similar vegetative cover and used to conduct surface water.
(27) "Improvements" means any additions to the natural state of the land which increases its value or utility, including pavements, curbs, gutters, side walks, crosswalks, water mains, sanitary sewers, flood control and drainage facilities, utility lines, street trees and other appropriate items.
(Ord. 39-81. Passed 10-7-81.)
(27A) “Landscaping” means material such as, but not limited to, grass, ground cover, shrubs, vines, hedges, or trees and non-living material commonly used in landscape development. (Ord. 76-99. Passed 11-2-99.)
(28) "Landslide" means the rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
(29) "Lot" means:
A. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development to be occupied by a building and its accessory buildings, together with such open spaces as are required by law, and having its principal frontage upon a public street or upon a place which has been officially approved by resolution of the Planning Commission and may consist of:
1. A single lot of record;
2. A portion of a lot of record; or
3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
B. "Lot area" means the total horizontal area within the boundary lines of a lot, exclusive of rights-of-way public or private streets, etc.
C. "Corner lot" means a lot situated at the intersection of two or more streets.
D. "Lot depth" means the mean horizontal distance between the front and rear lot lines.
E. "Lot frontage" means the same as "frontage".
F. "Lot lines" means the boundary lines of the lot.
G. "Through lot" means an interior lot having frontage on more than one street.
H. "Lot width" means the distance between the side lot lines, measured along the building setback line.
1. "Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Ashland County Recorder, or a parcel or tract of land, the deed of which has been recorded in the office of the Ashland County Recorder.
(30) "Major Thoroughfare Plan or Master Plan" means the comprehensive plan made and adopted by the Planning Commission indicating the general location recommended for the primary, secondary and collector streets, parks, public buildings and all other public improvements within the corporate limits, and/or all unincorporated areas within three miles thereof.
(31) "Monument" means a permanent structure placed to mark a specific location of a point on the ground and conforming to the following:
A. Within Street Pavement. A one inch diameter iron or steel pin encased in concrete, enclosed in an approved adjustable cast iron monument box.*
B. Outside of Street Pavement. A concrete cylinder four inches in diameter by thirty-six inches with a quarter inch iron or steel pin encased in the center, set in a vertical position with its top being level with the surface of the surrounding ground.*
*Alternate construction may be approved by the Engineer.
(32) "Open space" means an area open to the sky which may include, along with natural environmental features, swimming pools, tennis courts or any other recreational facility which the Commission deems permissible. Streets, structures for habitation, etc., shall not be included.
(33) "Owner" means any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient propriety interest in the land sought to be subdivided, to commence and maintain proceedings to subdivide the same under these Regulations.
(34) "Parcel" means a unit of land shown on the tax duplicate, including land designated as a "lot" or "tract."
A. "Original parcel" means that contiguous land under the same ownership as recorded with the Ashland County Recorder as of May 14, 1964.
(35) "Pavement" means that portion of the public street right-of-way or private street, drive or parking area surfaced for vehicular use.
(36) "Person" means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or State agency, the federal government or any combination thereof.
(37) "Plan" means:
A. "Construction plan" means the detailed drawings necessary to adequately control the construction of improvements.
B. "Grading and drainage plan" means:
1. "Preliminary" grading and drainage plan shall show the proposed method of grading and draining the entire site. See Section 1115.06
(c) (1).
2. "Final" grading and drainage plan shall show the actual method and details of the grading and drainage of the entire site. See Section 1115.06
(c) (2).
C. "Erosion and sedimentation control plan" shall show in detail the proposed means of controlling erosion and sedimentation. Although this plan is to be used in conjunction with the grading and drainage plan, it is to be a separate document. See Section 1115.07
(e).
(38) "Plat" means:
A. "Final plat" means a complete and exact subdivision plat prepared for official recording as required by statute to define property rights and proposed streets and other improvements. When used in the general sense, the term "final plat" includes construction drawings and all other documents set forth for submission to the Commission. Also known as "record plat."
B. "Preliminary plat" means a tentative subdivision plat, in lesser degree than a final plat, showing approximate street and lot layout on a topographic map as a basis for consideration prior to preparation of a final plat. When used in the general sense, the term "preliminary plat" includes all plans and comments set forth for submission to the Commission.
C. "Sketch" means a drawing, roughly to scale, usually free hand, showing the subdivider's first state of design study for a subdivision. Also see subsection (b) (54) hereof.
(39) "Platting Commissioner (Staff Member)" means:
A. Within City: "Platting Commissioner" means the City Engineer or his appointed agent.
B. Outside City: "Platting Commissioner" means the Coordinator of the Regional Planning Commission or his appointed agent.
(40) "Planning Commission" means:
A. "City Planning Commission" or "The Commission" means the Planning Commission of the City of Ashland, Ohio.
B. "Regional Planning Commission" means the Ashland Regional Planning Commission.
(41) "Pollution abatement plan" means a written description, acceptable to the approving agencies, of methods for controlling sediment pollution from accelerated erosion on a development area of ten or more contiguous acres or from erosion caused by accelerated runoff from a development area of ten or more contiguous acres.
(42) "Public waters" means that water within rivers, streams, ditches and lakes except private ponds and lakes wholly within single properties or waters leaving property on which the surface water originates.
(43) "Retention basin" means one in which storm runoff is collected and stored for a significant period and released after the storm runoff has ended: it is retained. Retention basins are wet reservoirs which have special recreational, fire protection and aesthetic uses centered around a minimum pool.
(44) "Right-of-way" means a strip of land taken or dedicated for use as a public way: the width between property lines of a street, alley, crosswalk, easement, etc. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features, (required by the topography or treatment), such as grade separation, landscaped areas, viaducts and bridges.
(45) "Sediment" means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface above or below sea level.
(46) "Sediment basin" means a barrier, dam or other suitable detention facility built across an area of waterflow to settle and retain sediment carried by runoff waters.
(47) "Sidewalk" means that portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic.
(48) "Slip" means landslide, as defined in subsection (b)(28) hereof.
(49) "Sloughing" means a slip or downward movement of an extended layer of soil resulting from the undermining action of water of the earth-disturbing activity of man.
(50) "Stream" means a body of water running or flowing on the earth's surface or channel in which such flow occurs. Flow may be seasonally intermittent.
(51) "Street" means:
A. "Primary street" means a street or road of great continuity which serves, or is intended to serve, as a major traffic way within the City, County or both and is designated in the Master Plan as a limited access highway, major thoroughfare, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan.
B. "Secondary street" means a street or road 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.
C. "Collector street" means a main residential street which carries the burden of local traffic to primary streets or secondary streets.
D. "Rural street" means a street, including a road in a non-urban area, servicing residential lots having a minimum frontage of 150 feet.
E. "Minor street" means a street supplementary to a collector street and of limited continuity which serves, or is intended to serve, the local needs of a neighborhood.
F. "Loop street" means a type of street, each end of which terminates at an intersection with another street, or streets, and which is only used to provide access to properties adjoining the loop street.
G. "Cul-de-sac, court or dead-end street" means a short street having one end open to traffic and terminated by a vehicle turn-around.
H. "Alley" means a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
I. "Public street, etc.", as used in these Regulations, means and/or refers to public facilities unless specifically noted otherwise.
J. "Private street, etc.", means all streets, etc., which are not public facilities.
(52) "Subdivider" means any person, partnership or corporation, or duly authorized agent thereof who undertakes the subdivision of land as defined in subsection (b) (53) hereof. A subdivider may also be a developer, as else where defined herein.
(53) "Subdivision" means:
A. Within City of Ashland Corporation Limits. "Subdivision" means a division of a section, tract, parcel, lot or lots, or other divisions of land for the purpose, immediate or future, of transfer of ownership, or development and improvements to accommodate more than one main building, including land to be maintained under single ownership or as a condominium, and including all changes in street or lot lines provided, however, that division of land for agricultural purposes, in parcels of more than five acres not involving any new street or easement of access, shall be exempted.
B. Outside of the City of Ashland Corporation Limits but Within Three Miles Thereof "Subdivision" 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 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, however, 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
2. 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 any street, or streets, except private streets serving industrial structures; 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.
(54) "Survey drawing" means an accurate drawing, to scale, prepared by a "surveyor" showing the results of his survey delineating all pertinent information, including existing, proposed and adjoining property lines, etc., subject to the approval of the City Engineer or, where applicable, the County Engineer. This drawing shall be recorded along with the conveyance.
(55) "Surveyor" means a registered surveyor authorized to practice surveying in the State of Ohio.
(56) "Topsoil" means surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.
(57) "Tract" may be used interchangeably with "parcel" or "lot".
(58) "Variance" means a modification of the strict terms of the relevant regulations where such modification shall not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(59) "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(60) "Yard" means an open space, at ground grade, between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
A. "Front yard" means a yard extending across the front of a lot between the side lot lines, which is the minimum horizontal distance between the street line and the main building or any projections thereof.
B. "Rear yard" means a yard extending across the rear of a lot between the side lot lines, which is the minimum horizontal distance between the main building or any projections thereof.
C. "Side yard" means a yard between the main building and the side line of the lot, extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot lines and the main buildings or any projections thereto.
(Ord. 39-81. Passed 10-7-81.)