For the purpose of these regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A quantity of land dedicated to the public to provide a private or secondary means of access to the back or side of properties otherwise abutting on a street and having a minimum width of 20 feet.
BLOCK. Subdivided property surrounded by, but not separated by, one or more of the following man-made or physical land features: private and public dedicated street, unsubdivided acreage, rivers or streams, or by any other physical feature which prevents continuity of development.
CUL-DE-SAC. A street having one outlet open to vehicular traffic and the other end permanently terminated by a vehicular turn-around.
DEAD-END STREET. A street temporarily having only one outlet open to vehicular traffic and not provided with a vehicular turn-around.
EASEMENT. A quantity of land over which a liberty, privilege, or advantage is granted by the owner to the public, a corporation, or particular person for a specific use or purpose.
ENGINEER, PROFESSIONAL. A person registered to practice professional engineering by the State Board of Registration as specified in R.C. Chapter 4733.
ESTATE DEVELOPMENT. A single-family residential subdivision having a minimum lot size of two acres.
FLOOD PLAIN. That land which has been or may hereafter be covered by flood waters including but not limited to the regulatory flood. For the purpose of these regulations, the regulatory flood shall be deemed to be a flood of 100-year frequency.
IMPROVEMENTS. Grading, street surfacing, curbs and gutters, sidewalks, crosswalks, water mains, sanitary sewers, storm sewers, drainage facilities and structures, street lights, street trees, and the appropriate appurtenances required to render land suitable for the use proposed.
LOT. A division of land separated or intended to be separated from other divisions of land by description on a record subdivision plat, recorded survey map, or by metes and bounds for the purpose of sale, lease or separate use.
LOT, CORNER. A lot at the point of intersection of and abutting on two or more intersecting streets.
LOT DEPTH. The distance between mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear or the perpendicular distance between a straight line connecting the foremost points of the side lot lines in front and a parallel line passing through the furthest most point of the lot, whichever is the shortest. See Appendix K at the end of these regulations.
LOT, DOUBLE FRONTAGE. A lot other than a corner lot, that abuts onto more than one street.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The lines defining the boundaries of a lot as described below:
(1) Front lot line. In the case of an interior lot, it is the line separating the lot from the street right-of-way line. In the case of a corner lot or double frontage lot, it is the line separating the lot from either street right-of-way line.
(2) Rear lot line. The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 30 feet long lying farthest from the front lot line and wholly within the lot.
(3) Side lot line. Any lot line other than the front or rear lot line.
LOT WIDTH. The distance between the side lot lines along a line parallel to the street right-of-way line at a specific point (i.e.: front lot line, street right-of-way line or minimum building set back line). In the case of a curved street it will be measured along the arc.
MAJOR THOROUGHFARE PLAN. A plan showing the location of limited access highways, major and minor arterial thoroughfares and collector thoroughfares, as adopted by the village.
MINIMUM BUILDING SETBACK LINE. An imaginary line between the front and rear lot lines and parallel to the street right-of-way line and at such distance from the right-of-way line as required by the minimum front yard setback requirement in the applicable zoning district in which it is located. On a cul-de-sac such distance shall be 30 feet from and parallel to the street right-of-way line.
OPEN SPACE DEVELOPMENT. Any subdivision of land which has both individual building sites and common open space areas, such as park and recreation areas; and is planned, designed and organized as a unified development capable of providing a variety of residential dwellings.
PEDESTRIAN WALKWAY. A dedicated public right-of-way limited to pedestrian use.
PERFORMANCE BOND. An agreement by and between the subdivider and a bonding company in favor of the village, or an instrument approved by the village between the subdivider and the village, for the amount of the estimated construction cost guaranteeing the completion of the required improvements according to the specifications set forth in these regulations, within the time prescribed by the above agreement.
PLANNED UNIT DEVELOPMENT. Any subdivision of land where both individual building sites and common property devoted to parks, playgrounds or school sites is designed and organized to be capable of satisfactory use and operation as a self-contained residential area. A PLANNED UNIT DEVELOPMENT may include commercial and planned industrial park developments.
PRELIMINARY PLAN. A drawing for the purpose of study of a major subdivision and which, if approved, permits proceeding with the preparation of a subdivision plat.
PUBLIC RESERVATION. A portion of a subdivision which is set aside for public use and made available for public use and acquisition.
PUBLIC UTILITY. Any person, firm, association, corporation, trust, board, commission or other legal entity, duly authorized to furnish under state, county, or municipal regulations to the public: gas, steam, electricity, sewerage disposal and treatment, communication, telegraph, transportation, water or waste disposal.
REGIONAL PLANNING COMMISSION. The Richland County Regional Planning Commission.
REGISTERED LAND SURVEYOR. A person licensed to practice surveying by the State of Ohio Board of Registration under R.C. Chapter 4733.
RESERVE STRIP. A strip of land parallel to, or at the end of, and abutting a thoroughfare controlling the means of access onto a property.
RIGHT-OF-WAY. An area or strip of land on which an irrevocable right of passage is taken or dedicated and accepted for public use.
STREET or ROAD, PRIVATE. An approved right-of-way, improved and maintained by the abutting property owners or by an association of property owners, excluding off-street parking areas, driveways, and driveways to off-street parking areas, in existence prior to the adoption of these regulations or developed under these regulations, and which provides for vehicular, pedestrian and utility access to abutting properties.
STREET or ROAD, PUBLIC.
(1) A right-of-way, which has been properly dedicated, improved and accepted for public use, and which provides for vehicular, pedestrian and utility access to abutting properties.
(2) For the purpose of these regulations, STREET or ROAD shall be further classified by function as follows:
(a) MAJOR ARTERIAL THOROUGHFARE. A street or road which is intended to carry the major portion of traffic entering and leaving an urban area and also significant intra-urban travel, such as between communities or between major urban centers. MAJOR ARTERIALS should form the boundaries of residential neighborhoods, but should not penetrate the neighborhoods. Service to abutting lands is a subordinate function to the provision of travel service. Spacing should be at one and one-half- to two-mile intervals except within the central business area.
(b) MINOR ARTERIAL THOROUGHFARE. A street or road which is intended to interconnect with and augment the MAJOR ARTERIAL THOROUGHFARE system and to provide service to trips of moderate length and provide intra-community continuity. The thoroughfares provide a lower level of traffic service than MAJOR ARTERIAL THOROUGHFARES and place greater emphasis on land access, although the movement of through traffic remains primary. MINOR ARTERIAL THOROUGHFARES should also form the boundaries of, but not penetrate residential neighborhoods. Spacing should be at three-quarter- to one-mile intervals except within the central business area.
(c) COLLECTOR THOROUGHFARE. A street or road which is intended to collect traffic from the local streets within the neighborhood and channel it into the arterial system. Conversely, COLLECTOR THOROUGHFARES may penetrate the neighborhood to distribute traffic from the arterial system to local streets and thus to the ultimate destination. The COLLECTOR THOROUGHFARE should provide both land access and through traffic service. Spacing should be at one-quarter- to one-half-mile intervals.
(d) LOCAL. A street or road which is intended primarily to provide access to abutting properties. Through traffic should be discouraged. Spacing is at blocks.
(e) CUL-DE-SAC. A type of local street or road which is open only at one end, with provision for a turn-around at the closed end. The primary function is land access to abutting properties.
(f) BOULEVARD. A street or road on which traffic flow is divided into each direction by a median strip which is usually landscaped with grass and plantings. A BOULEVARD may serve the function of an arterial thoroughfare, collector thoroughfare, or local street depending upon its relationship with the overall transportation system.
SUBDIVIDER. Any individual, firm, association, corporation, trust or any legal entity, commencing proceedings under these regulations to subdivide land within the village.
SUBDIVISION.
(1) For the purposes of these regulations, SUBDIVISION shall mean:
(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 for the purpose, whether immediate or future, of transfer of ownership, when:
1. Any one of such parcels after division is less than five acres; or
2. The parcels so created by the division are five acres or more and involve or create new streets (public or private) or easements of access to an existing public dedicated street.
3. The parcel or parcels so created involve a sale or exchange between adjoining owners and result in the creation of an additional building site.
(b) The improvement of any one or more parcels of land for residential and 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.
(c) A division or allocation of land as open spaces for common use to owners, occupants, or leaseholders, or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.
(2) The following, although within the definition of a subdivision hereunder, shall be exempt from the requirements of these regulations:
(a) The division or partition of land into one or more parcels of five acres or more each not involving any new streets (public or private) or easements of access to an existing public dedicated street.
(b) The division of land when the parcel or parcels so created involve the sale or exchange between adjoining property owners that does not create additional building sites.
(3) A division of land deemed to be a subdivision hereunder shall meet the requirements of a minor or a major subdivision, all as set forth in these regulations, unless specifically exempted therefrom by these regulations or subjected to a variance after application and approval.
(4) For the purpose of determining the existence of a subdivision described above, the following definitions shall apply:
(a) NEW STREETS (PUBLIC OR PRIVATE). Shall include, but not be limited to, and in addition to the normal use of the term, a strip or parcel of land of less than 60 feet in width used or intended to be used, in whole or in part, as a means of ingress and egress to an existing dedicated street from one or more of the parcels created by a division of land whether or not the strip or parcel of land is owned by one or more of the owners of the parcels.
(b) EASEMENTS OF ACCESS. Shall include a means of ingress and egress created by grant, reservation, or prescription from an existing public dedicated street to one or more of the parcels created by a division of land.
(c) BUILDING SITE. Shall mean as to a sale or exchange between adjoining landowners, a parcel created having sufficient size and location to constitute a building site under applicable zoning regulations. Any sale or exchange between adjoining land-owners determined not to create a new building site will not exempt any future transfer of the parcel from these regulations if the future sale or exchange will in fact create or be intended to create a new building site.
SUBDIVISION, MAJOR. Any subdivision that does not meet the definition of a minor subdivision. Open space and planned unit developments shall be defined as major subdivisions for the purposes of these regulations.
SUBDIVISION, MINOR. A subdivision of a parcel along an existing street not involving the opening, widening, or extension of any street or road, and involving no more than five lots after the original tract has been completely subdivided and provided that the same is not contrary to applicable platting, subdividing or zoning regulations.
(1) An ORIGINAL TRACT within the meaning of this section is a contiguous quantity of land held in common ownership which has not been platted by the existing owner or owners.
(2) COMPLETELY SUBDIVIDED as used in this section means a tract which is divided into as many lots as the subdivider intends for that tract.
(3) The further division of an original tract which has been previously divided into five lots requires the replatting of the original tract.
SUBDIVISION PLAT.
(1) The final map or drawing upon which the subdivided plan of subdivision is presented to the village for approval.
(2) NOTE: See Appendix B, B1 through B6 at the end of these regulations to provide examples and clarification of subdivisions.
SURVEY. For the purpose of these regulations, is a boundary survey performed by a registered land surveyor which complies to the Minimum Standards for Boundary Surveys in the State of Ohio.
VILLAGE. Village of Bellville, Ohio.
(Ord. 17-96, § 200.1, passed 4-15-1996)