(1) "Agent" means the authorized representative of the owner. The authority of the agent shall be established to the satisfaction of the Planning and Zoning Administrator.
(2) “Alley" means a public right-of-way less than fifty (50) feet wide which affords only a secondary means of access to property abutting thereon.
(3) "ANSI" means American National Standards Institute.
(4) "Applicant" means the authorized representative of the developer. The authority of the applicant shall be established to the satisfaction of the Planning and Zoning Administrator.
(5) "Architect" means an architect registered by the State of Ohio.
(6) "Arterial street." See "Streets."
(7) "As Built Plans" means engineering construction plans that have been revised to incorporate all changes that occurred during construction of the project.
(8) "ASTM" means American Society of Testing and Materials.
(9) "Average Daily Traffic (ADT)" means the total traffic volume during a given time period in whole days greater than one day and less than one year divided by the number of days in that time period.
(10) "AWWA” means American Water Works Association.
(11) "Block" means all or part of one side of a street between two intersecting streets.
(12) "Commission" means the Planning and Zoning Commission of the Municipality of Canal Winchester, Ohio.
(13) "Bond" means any form of security including cash deposit, surety bond, collateral, property, or letter of credit in a form satisfactory to the Law Director.
(14) "Buffer" means any combination of mounds, fencing, plantings, etc., intended to separate one land use from another.
(15) "Buildable Area" means the area of a lot remaining after the minimum yard and open space requirements of the Zoning Code have been met.
(16) "Building" means any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows, or similar openings.
(17) "Caliper" means the diameter of a tree as measured six (6) inches above the ground up to and including four (4) inch caliper size.
(18) "Certificate of Deposit" means a certificate held on deposit by a financial institution for the municipality until such time as the subdivider has fulfilled his obligation to install the required improvements.
(19) "Clerk" means the Clerk of Council of Canal Winchester, Ohio.
(20) "Collector Street." See "Streets."
(21) "Comprehensive Plan" means the plan or plans prepared and adopted by Council as may be amended, indicating the general locations recommended for the principal streets, parks, public buildings, zoning districts, character and extent of community development and other physical aspects of urban and rural planning.
(22) "Concept Plan" means written and graphic documents that indicate in a conceptual form the proposed land uses and their overall impact on the subject property and surrounding properties.
(23) "Construction Services Administrator" means the Director of Construction Services of Canal Winchester, Ohio.
(24) "Council" means the Council of Canal Winchester, Ohio.
(25) "County" means Franklin or Fairfield County, Ohio, as applicable.
(26) "Culvert, Major" means any culvert in excess of twelve (12) inches.
(27) "Cut Sheets" means tabular survey information used for the purpose of constructing the improvements.
(28) "Density" means the number of dwelling units per unit of land. To determine density divide the total number of dwelling units by the net developable site as measured in acres. (See definition of "net developable site".)
(29) "Developer." See "Subdivider."
(30) "Development" means any man-made change to improved or unimproved real estate.
(31) "Diameter at Breast Height (DBH)" means the outside bark diameter of a tree as measured four and one-half (4 ½) feet above the forest floor on the uphill side of a tree.
(32) "Director of Public Works" means the Director of Public Works for the municipality.
(33) "Easement" means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
(34) "Engineer, Registered" means an engineer registered by the State of Ohio.
(35) "Engineering Construction Plans" means the plans and supporting information accompanying a subdivision and showing the specific location and design of improvements to be installed in the subdivision.
(36) "Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep and/or detachment and movement of soil or rock fragments by wind, water, ice, or gravity.
(37) "Escrow" means a deposit of cash with the municipality in lieu of an amount required and still in force on a performance or maintenance bond.
(38) "Escrow Fund" means cash placed by the developer in an account to be held by a financial institution in favor of the municipality to guarantee the installation of improvements according to the provisions of the Subdivision Regulations.
(39) "Excavation" means the removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged, whether by mechanical or manual means.
(40) "Final Plat" means the plat of a proposed subdivision, drawn on durable material as specified in this document and intended for recording, meeting all the requirements as herein enumerated.
(41) "Fire Chief" means the Fire Chief of the applicable township fire department.
(42) "Flood, Base" means the flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one hundred (100) year flood.
(43) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge.
(44) "Frontage" means that portion of a lot abutting on a dedicated right-of-way.
(45) "Grade" means the slope of any surface specified in percentage terms.
(46) "Grade, Existing Street" means the grade of the street measured from the centerline to the edge of the street.
(47) "Grade, Finished" means the grade of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping, and any other improvements.
(48) "Grade, natural" means the grade of the undisturbed surface of any land.
(49) "Hillside" means an area with an average grade of more than fifteen (15) percent.
(50) "IES" means Illuminating Engineering Society.
(51) "Improvement, public" means any roadside ditch, roadway, parkway, sidewalks, pedestrian way, tree lawn, off-street parking area, lot improvement, public utility, or other facility for which Canal Winchester may ultimately assume the responsibility for operation and maintenance or which may effect an improvement for which Canal Winchester is responsible.
(52) "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, grading, and other related matters normally associated with development of raw land into building sites.
(53) "Infrastructure" means facilities and services such as water, storm water and sanitary sewer lines, and streets needed to sustain industry, residential, commercial, and all other land use activities.
(54) "In-lieu fees" means fees paid by a private individual or party to Canal Winchester to compensate for the mandatory dedication provisions of the Canal Winchester Zoning Code when said land dedication is waived by Council.
(55) "Inspection Fee" means the cost to the Municipality of monitoring construction, to be paid by the developer.
(56) "Landscape Architect" means a landscape architect registered by the State of Ohio.
(57) "Law Director" means the Law Director of Canal Winchester, Ohio.
(58) "Lot" means a tract, plat, 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 for building development.
(59) "Lot, corner" means a lot located at the intersection of two or more streets.
(60) "Lot, double frontage" means a lot, other than a corner lot, with frontage on more than one street.
(61) "Lot Improvement" means any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property or any part of such betterment.
(62) "Lot, interior" means a lot with only one frontage on a street.
(63) "Lot, irregular" means a lot that is neither square nor rectangular.
(64) "Lot, minimum area" means the area of a lot as is computed exclusive of any portion of the right-of-way of any public or private street.
(65) "Lot, measurement." A lot shall be measured as follows:
A. The depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the front to the rearmost points of the side lot lines in the rear. However, the straight line connecting the rearmost side lot lines shall not be less than one-half of the length of the straight line connecting the foremost points of the side lot lines.
B. The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
(66) "Lot of Record" means a lot that is part of a subdivision recorded in the appropriate County Recorder's Office, or a lot or parcel described by metes and bounds, the description of which has been recorded.
(67) "Lot, Reverse Frontage" means a double frontage lot located along a collector or arterial that derives access from an interior local street.
(68) "Manager, Division of Streets" means the Manager, Division of Streets of Canal Winchester, Ohio.
(69) "Manager, Division of Water" means the Manager, Division of Water of Canal Winchester, Ohio.
(70) "Manager, Division of Water Reclamation" means the Manager, Division of Water Reclamation of Canal Winchester, Ohio.
(71) "Mandatory Land Dedication" means the required dedication of private land to Canal Winchester for the purpose of providing space for park, recreation, open space and other public uses.
(72) "Map Index" means a map supplied with street improvement plans showing the street and storm system at a scale of 1" = 200'.
(73) "Map Location" means a map supplied with the plat that shows legibly, by dimension and/or other means, the proposed subdivision and enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision and show the relationship of the site to the community facilities that serve or influence the property, at a scale of 1" = 1,000'.
(74) "Mayor" means the Mayor of Canal Winchester, Ohio.
(75) "Municipal Engineer" means the municipal engineer or engineering firm contracted by the municipality.
(76) "Municipality" means the Municipality of Canal Winchester, Ohio
(77) "Net Developable Acres" means the land area within a subdivision excluding the minimum open space requirements, all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated rights-of-way.
(78) "Net Developable Site" means the remainder of a parcel of land following the subtraction of all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated rights-of-way.
(79) "No Build Zone" means an area or portion of a lot that is designated by deed or plat not to contain any buildings, structures or other built improvement on a permanent basis.
(80) "ODOT" means the Ohio Department of Transportation.
(81) "OEPA" means the Ohio Environmental Protection Agency.
(82) "Off-Site" means any premises not located within the area of the property to be subdivided or improved, whether or not in the same ownership of the applicant for subdivision.
(83) "Owner" means the legal owner of the land proposed to be subdivided.
(84) "Performance and Indemnity Bond or Surety Bond" means an agreement by and between a subdivider and a bonding company in favor of Canal Winchester for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by subdivider's agreement.
(85) "Planning and Zoning Administrator" means the Planning and Zoning Administrator of the municipality.
(86) "Planning and Zoning Commission" means the Planning and Zoning Commission of the municipality.
(87) "Preliminary Plan" means a map of a subdivision of land showing required features that is submitted to the platting authority for purposes of preliminary consideration and approval.
(88) "Reserves" means parcels of land within a subdivision set aside for future subdivision or set aside for other purposes, as noted on the plat.
(89) "Right-of-Way" means the surface of any the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement now or hereafter held by the Municipality.
(90) "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 surface water, and has come to rest on the earth's surface above or below ground level. "Sediment basin" means a barrier, dam, or other suitable detention facility built across an area of water-flow to settle and retain sediment carried by run-off waters.
(91) "Setback, Front" means the minimum distance between the right-of-way and a building facing said right-of-way, as required by the Zoning Code.
(92) "Setbacks, Platted" means the minimum distance between a building and the right-of-way line, the rear lot line, and the side lot lines as required by the Zoning Code and shown on the recorded plat of the subdivision.
(93) "Setback, Rear" means the minimum distance between the rear lot line and a building, as required by the Zoning Code.
(94) "Setback, Side and Corner Side" means the minimum distance between the side lot line and a building, as required by the Zoning Code.
(95) "Street, Arterial" means a street that accommodates traffic to and from the expressways or to or through major commercial districts. Traffic volumes are generally greater than 10,000 ADT (Average Daily Traffic).
(96) “Street, Cul-De-Sac" means a local street having only one outlet and a paved terminal for safe and convenient reversal of traffic movement.
(97) "Street, Dead End" means a local street having only one outlet without a safe and convenient means for reversal of traffic.
(98) "Street, Industrial" means a street intended to provide access to other streets from industrial properties, generally being a volume of traffic that includes a relatively large amount of vehicles other than passenger automobiles.
(99) "Street, Expressway" means a street entirely devoted to the movement of large volumes of traffic at relatively high speeds. Access is completely controlled, not intended to serve abutting property.
(100) "Street, Local" means a street intended to provide access to other streets from individual properties, generally bearing a volume of traffic no greater than 800 ADT.
(101) "Street, Major Collector" means a street that carries traffic from the minor collector system to the arterial. Traffic usually has origin and destination within the community and does not exceed 10,000 ADT.
(102) "Street, Minor Collector" means a street that carries internal traffic within a given neighborhood, connecting local streets to the major collectors or to the arterial system and generally bearing volume of traffic no greater than 4,000 ADT.
(103) "Structure" means that which is constructed having a location on or in the ground or attached to that having a location on or in the ground; the term shall include buildings, outdoor seating facilities, outdoor theaters, swimming pools, platforms, decks, tents, towers, bridges, poles, roadside signs.
(104) "Subdivider" means the person who intends to build/construct the subdivision.
(105) "Subdivider's Agreement" means an agreement by and between a subdivider and Canal Winchester that sets forth the manner in which the subdivider agrees to proceed with the construction of public improvements and the disposition of lots in the subject subdivision.
(106) "Subdivision" means any or all of the following:
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, sites, or lots 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
B. 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.
(107) "Subdivision, Minor" or Lot Split, means any subdivision that does not result in the creation of more than five lots out of a single tract or does not require the construction of new streets, roads, public water or sewer facilities, sidewalks or similar facilities.
(108) "Surety" means a certificate of deposit, performance bond, irrevocable letter of credit or cash escrow account in favor of the Municipality designed to guarantee the construction of required improvements.
(109) "Surveyor" means a surveyor registered by the State of Ohio.
(110) "Technical Review Group" means the municipality's review body of engineering construction plans for private and public development projects.
(111) "Thoroughfare Plan" means the system of streets for the Municipality adopted by the Municipality, on file in the Planning and Zoning Administrator's office, together with all amendments thereto subsequently adopted.
(112) "Tree" means any tree, shrub, or other woody plant.
(113) "Tree Lawn" means the strip of land between the back of curb and sidewalks and/or planting easement.
(114) "Tree, Large" means any tree species having a trunk caliper of six inches or more.
(115) "Tree, Significant" means any individual tree that is of cultural, historical, biological, or horticultural value as determined by the Urban Forester.
(116) "Urban Forester" means the Urban Forester of Canal Winchester, Ohio.
(117) "Zoning Code" means the Zoning Code of the municipality. (Ord. 47-08. Passed 9-2-08; Ord. 22-048. Passed 11-7-22.)