Words in these Subdivision Regulations are normally used in their ordinary English usage. Certain terms are, however, defined in this Chapter and whenever used in these Regulations, they shall have the meaning as set forth in the section and subsections of this Chapter, except where the context clearly indicated a different meaning.
The word “shall” is to be interpreted as mandatory and must be complied with unless waived; “may” is to be interpreted as having permission or being allowed to carry out a provision: “should” is to be interpreted as expressing that the application of said criteria or standard is desired and essential unless commensurate criteria or standards are achieved.
All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
The phrase “used for” shall include “arranged for”, “designed for”, “intended for”, maintained for, or “occupied for”.
Alley: A public or private way, thirty feet or less in width, which is used primarily for vehicular access to the back or side of properties which otherwise abut on streets.
Arterial Highway, Arterial Street: A principal or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
Average Daily Traffic: (ADT) the average number of vehicles passing a given point during a 24 hour point.
Block: A piece or parcel of land entirely surrounded by public highways, public streets, or parks, etc., or a combination thereof.
Building Setback Line: The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line; or the front line of the foundation of enclosed porches or vestibules if nearer the front line than the main foundation, not including steps.
City: The City of Canfield, Ohio.
Clerk of Council: The Clerk of Council of the City of Canfield, Ohio.
Collector Street: A street which carries a large volume of traffic from minor streets to arterial or major streets.
Commission: The Planning Commission of the City of Canfield, Ohio.
(Ord. 2001-13. Passed 3-21-01.)
Comprehensive Plan: As stated in Section 1123.01(22), “Comprehensive Plan” means the Planning and Zoning Code and Comprehensive Plan Update as the same that may be amended from time to time, and any plans or portion thereof adopted by the Planning and Zoning Commission or Council showing the general location and extent of present and proposed land use(s) and transportation facilities, including allowable uses, highways, roads, parks, schools and other community activities. This Plan establishes the goals, objectives and policies of the Municipality. (Ord. 2008-17. Passed 7-9-08.)
Council: The Council of the City of Canfield, Ohio.
Cul-de-Sac: A minor street or a portion thereof with only one outlet open to vehicular traffic and the other end terminated by a permanent vehicular turn-around.
Curb: The raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
Dead-End Street: A minor street or a portion thereof with only one outlet open to vehicular traffic without a turn-around.
Double Frontage Lot: A lot fronting on two streets.
Driveway and Access Drive: A prepared hard surface area providing ingress and egress for vehicles from private property and the public right-of-way.
Easement: A grant by the Owner of the land to a person or persons; a utility company, public or private; or to the general public for a specific purpose.
Engineer: A registered engineer authorized to practice engineering as defined by the Engineer’s Registration Act of the State of Ohio.
Expressway: A divided arterial highway for through traffic with full or partial control of access with an excess of fifty percent of all cross roads separated in grade. (Extracted from Sec. 4511.01 of the Ohio Code).
Final Plat: The final map, drawing or chart on which the subdivider=s plan of subdivision is presented to the Planning Commission for approval, and which, if approved by Council, will be submitted to the Recorder of Mahoning County, Ohio.
Freeway: A divided multi-lane highway for through traffic with all cross roads separated in grade with full control of access.
Frontage: The property on one side of a street between two intersecting streets crossing or terminating, measured at the building line, or if the street is dead ended, then all of the property abutting on one end of the street.
Grade: The slope expressed in a percent which indicates the rate of change of elevation in feet per hundred feet.
Gutter: That portion of a right-of-way, whether paved or sodded, carrying surface drainage.
Improvements: Pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs and plantings, and other items for the welfare of the property owners and the public.
Lot, Interior: A lot other than a corner lot, with only one frontage on a street.
Location Map: A general map showing the site with relation to adjoining areas.
Lot: A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally dedicated public thoroughfare. In determining lot area, no part thereof within the limits of the proposed thoroughfare rights-of-way shall be included.
Lot Area: The computed area contained within the lot lines, excluding right-of-way.
Lot, Corner: A lot at the juncture of and fronting on two or more intersecting streets.
Lot, depth: The mean horizontal distance between the front and rear lot lines.
Lot width: The width of the lot measured at the building setback lines.
Major Street: A highway which carries a large volume of traffic from collector streets to arterial streets.
Major Subdivision: A proposed development is considered a major subdivision if it contains new street construction and/or dedication, widening or extension of an existing street, reservations of substantial rights, vacating of existing streets, or easements of access or annexation. The City Planning Commission further reserves the right to determine that a proposed development is to be considered a major subdivision if it contains substantial alterations, other than those listed above, which would effect the planned, orderly growth of the community and the safety of residents.
Major Thoroughfare Plan: The Major Thoroughfare Plan of and as adopted by, Council, establishing the location and official right-of-way widths of principal highways and streets in the Municipality, on file as part of the Comprehensive Plan.
Marginal Access Street: Is a minor street which is parallel and adjacent to an arterial street which provides access to abutting properties and protection from through traffic.
Mayor: The Mayor of the City of Canfield, Ohio.
Minor Street or Local Street: A street in which no land is dedicated for street purposes other than street widening.
Minor Subdivision: A development not containing any of the components which would designate it as a major subdivision, or not otherwise determined to be a major subdivision by virtue of its other characteristics, is considered a minor subdivision.
Official Map: The map established by the Planning Commission showing the streets, highways and parks theretofore laid out, adopted and established by law, and any amendments thereto adopted by the Council and Commission or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filling of such approved plats.
Owner: Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these Regulations.
Parcel: An area of land.
Pavement: That portion of a highway, street or alley right-of-way having an improved hard surface.
Performance Bond: An Agreement by and between a Contractor and a bonding company in favor of the subdivider or by and between a subdivider and a bonding company in favor of the City, guaranteeing the completion of physical improvements.
Planning Commission: The Planning and Zoning Commission of the Municipality.
Planting Strip: The area within a right-of-way between the edge of the pavement and the property line. Also known as street lawn or park strip.
Right-of-Way: A strip of land intended or used for public transportation or for a public utility, which is dedicated to the public.
Sidewalk: The area within a right-of-way for pedestrian use.
Solicitor: The legal advisor of the City of Canfield, Ohio.
Street: A public way for purposes of vehicular travel which include the entire area within the right-of-way. A street includes not only the surface of land, but also the land beneath the surface for such distances it may be availed of for the laying of pipes, cisterns, conduits or any known municipal purpose; and so much of the air above the surface as may be required for light, transportation, poles, wires or other known municipal purpose.
Subdivider: Any individual, firm, association, syndicated, copartnership, corporation, trust or any other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
Subdivision Agreement: An agreement between the subdivider and the City of Canfield guaranteeing the construction of all required improvements within the subdivision.
Subdivision: (1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites, or lots any one of which is less than five (5) acres for the purpose, whether immediate or future, of transfer or ownership, provide, however, that the division or partition of land into parcels of more than five (5) 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; 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.
Surveyor: A person authorized to practice surveying as defined by the Surveyor=s Registration Act of the State of Ohio.
Walkway: A right-of-way or an easement for pedestrian use.
(Ord. 2001-13. Passed 3-21-01.)