For the intent of these Regulations, certain terms or words used herein shall be interpreted as follows:
(a) The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(b) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(c) The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.
(d) The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied”.
(e) The word “lot” includes the words “plot” or “parcel”.
(f) Regardless of capitalization, definitions are standard.
ALLEY (See Thoroughfare)
BLOCK
A unit of property entirely surrounded by public highways and streets, railroad rights-of- way, waterways, or other barriers, or combination thereof.
BUILDING LINE (See Setback Line)
COMMUNITY FACILITIES
Existing, planned and proposed parks, playgrounds, public schools, other public lands and buildings of the Municipality for which the Regulations are in effect.
COMPREHENSIVE DEVELOPMENT PLAN
A plan, which may consist of several maps, data, policies, and other descriptive matter, for the physical development of the Municipality which has been adopted by the Municipality to indicate the general location for proposed physical facilities including housing, industrial and business uses, major streets, parks, schools, public sites, and other similar information.
CONSTRUCTION DRAWINGS
A complete set of engineering drawings drawn to scale containing, but not limited to, grading plans, street plans and profiles, cross sections, sanitary sewer plans and profiles, water main plans and profiles, storm sewer plans and profiles, a complete topographical layout of all existing appurtenances and structures located within the right-of-way, and any other requirement as outlined in the Municipality of Brookville Design Criteria and Construction Standards and Drawings.
CORNER LOT (See Lot)
CUL-DE-SAC (See Thoroughfare)
DEAD-END STREET (See Thoroughfare)
DEDICATION
The acceptance of land to the Municipality of Brookville by its owner for any public use.
DEVELOPER
Any person, subdivider, partnership, or corporation or duly authorized agent who constructs or contracts to construct improvements on subdivided land.
DEVELOPMENT (See Subdivision)
EASEMENT
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his/her property.
ENGINEER
Any person registered to practice professional engineering by the State Board of Registration as specified in the Ohio Revised Code.
FINAL PLAT (See Plat)
IMPROVEMENTS
Street pavement or resurfacing, curbs, gutters, sidewalks, pedestrian walkway, water lines, sanitary and storm sewers, landscaping, street lights, flood control and drainage facilities, utility lines, and other related matters normally associated with the development of land into building sites.
INSPECT, INSPECTION
The visual observation of construction to permit the Municipality or their representative to render his or her professional opinion as to whether the contractor is performing the services in a manner indicating that, when completed, the services will be in accordance with the Municipality of Brookville Subdivision Regulations, Construction Standards and Drawings, and Design Criteria. Such observations shall not be relied upon in any part as acceptance of the services, nor shall they relieve any party from fulfillment of customary and contractual responsibilities and obligations.
LOT
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and its accessory buildings and uses, and having frontage on an improved public or private street.
(a) Corner – A lot located at the intersection of two or more streets.
(b) Through Frontage – A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
(c) Interior – A lot with only one frontage on a street.
LOT AREA
The computed area contained within the lot lines.
MAINTENANCE SURETY
A surety by a subdivider or developer with the Municipality for the amount of ten percent (10%) of the performance surety guaranteeing the maintenance of the physical improvements according to the plans and specifications within the time prescribed.
MINOR SUBDIVISION (See Subdivision)
MONUMENTS
Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment shall comply with the State of Ohio Minimum Standards for Boundary Surveys.
MUNICIPAL MANAGER
A person appointed by Council and the Planning Commission to handle the administration of the Municipality. The Municipal Manager may appoint an authorized representative to administer these Regulations
ORIGINAL PARCEL
The parcel of land shown as a unit as contiguous units on the last preceding tax roll.
PARCEL
A piece of land that cannot be designated by lot number.
PEDESTRIAN WALKWAY
A right-of-way dedicated for the purpose of a pedestrian access through residential, commercial, and industrial areas, and located so as to connect to two or more streets, or a street and a public land parcel.
PERFORMANCE SURETY
An agreement by a subdivider or developer with the Municipality of Brookville for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to the plans and specifications within the time prescribed.
PLANNING COMMISSION
The Municipality of Brookville Planning Commission.
PLAT
A map of a tract or parcel of land, made from a survey by a registered surveyor in the State of Ohio.
(a) Preliminary Plat - A plat showing all requisite details of a proposed subdivision submitted to the Planning Commission for purpose of preliminary consideration, prepared in conformance with these Regulations.
(b) Final Plat – A plat of all or part of a subdivision providing substantial conformance to the Preliminary Plat of the subdivision prepared in conformance with these Regulations and suitable for recording by the County Recorder.
PROTECTIVE COVENANT
A restriction on the use of all private property within a subdivision, to be set forth on the plat and/or incorporated in each deed, for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.
PUBLIC RESERVATION
A portion of a subdivision which is set aside for public use and made available for public use or acquisition.
PUBLIC UTILITY
A firm, association, syndicate, corporation, co-partnership, municipal authority or public agency, board or commission, duly authorized to furnish, and furnishing under governmental regulations, to the public: facilities, products or services such as gas, electricity, sewage disposal, communication, telephone, transportation, water, etc.
REPLATS/VACATION PLATS
Alteration, modification or adjustment of existing lots, lot lines, property lines or right-of- way lines and/or vacation thereof within the Municipality of Brookville shall be submitted to the Planning Commission for a recommendation thereon. Council, after review of such recommendation, shall approve or disapprove such request.
RIGHT-OF-WAY
Land reserved, used, or to be used for a street, alley, walkway, or other public purpose.
SETBACK LINE
A line established by the Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no portion of any principal structure other than an accessory building may be located, except as may be provided in said Zoning Code.
SKETCH PLAN
An informal plan or sketch showing the existing features of a site and its surroundings and the general layout of a proposed subdivision which can be presented to the Planning Commission for informal discussions.
STREET (See Thoroughfare)
SUBDIVIDER (See Developer)
SUBDIVISION
The division or redivision of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more lots, tracts or parcels, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership; excepting, however, the following transactions:
(a) The division or partition of land into parcels of land into parcels of more than five acres for residential use not involving any new streets or easements of access or fronting on existing streets or roads which are required to be widened under the thoroughfare ordinance;
(b) The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites;
(c) The simple inheritance of land by will or intestate succession;
(d) The improvement of one or more lots, tracts, or parcels of land of any size 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;
(e) The division or allocation of land as open spaces for common use by owners, occupants, or leaseholders, or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities;
(f) The improvement of one or more parcels of land by the erection or enlargement thereon of any residential, commercial, or industrial structure or groups of structures.
(g) Major Subdivision – Division of a lot or parcel of land into more than five lots or parcels, and/or the creation or establishment of new streets or roadways by the division of a lot or parcel of land.
(h) Minor Subdivision – Division of a lot or parcel of land along an existing public thoroughfare into not more than five lots or parcels not establishing a new street or roadway.
SURVEYOR
Any person registered to practice surveying by the State Board of Registration as specified in the Ohio Revised Code.
THOROUGHFARE, STREET, OR ROAD
The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
(a) Alley – A right-of-way used primarily for vehicular service access to the back or side of properties abutting on another street.
(b) Arterial Street – A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
(c) Collector Street – A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets or to other collector streets, including the principal entrance and circulation routes within residential subdivisions.
(d) Cul-de-sac – A local street with one end open to traffic and the other end terminating in a vehicular turnaround.
(e) Dead-end Street – A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(f) Local Street – A street primarily for providing access to residential, commercial, or other abutting property.
(g) Loop Street – A type of local street, each end of which terminates at an intersection with same arterial or collector street, and whose principal radius points of the 180° system of turns are not more than 1000 feet from said arterial or collector street, nor normally more than 600 feet from each other.
VARIANCE
A variance is a modification of the strict terms of the relevant Regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property, and not the result of the action of the applicant, a literal enforcement of the Regulations would result in unnecessary and undue hardship.
VICINITY MAP
A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby development or landmarks and community facilities and services within Municipality of Brookville in order to better locate and orient the area in question.
ZONING CODE
The Zoning Ordinance for the Municipality of Brookville which regulates the use of land by districts or zones and as the same may be amended or supplemented.