For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
ALLEY means a public right-of-way less than 50 feet wide which affords only a secondary means of access to property abutting thereon.
ANSI means American National Standards Institute.
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.
ARCHITECT means an architect registered by the State of Ohio.
ARTERIAL STREET. See STREETS.
AS BUILT PLANS means engineering construction plans that have been revised to incorporate all changes that occurred during construction of the project.
ASTM means American Society of Testing and Materials.
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.
AWWA means American Water Works Association.
BLOCK means all or part of one side of a street between two intersecting streets.
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.
BUFFER means any combination of mounds, fencing, plantings, etc., intended to separate one land use from another.
BUILDABLE AREA means the area of a lot remaining after the minimum yard and open space requirements of the Zoning Code have been met.
BUILDING means any structure securely affixed to land having a roof supported by columns or walls, entirely separated on all sides from any similar structure or entirely separated on all sides by walls in which there are no communicating doors, windows or similar openings and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
CALIPER means the diameter of a tree as measured six inches above the ground up to and including four inch caliper size. Thereafter, diameter-at-breast-height (DBH) is used.
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.
COLLECTOR STREET. See STREETS.
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.
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.
COUNCIL means the Council of Commercial Point, Ohio.
COUNTY means Franklin or Pickaway County, Ohio, as applicable.
CULVERT, MAJOR means any culvert in excess of 12 inches.
CUT SHEETS means tabular survey information used for the purpose of constructing the improvements.
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.)
DEVELOPER. See SUBDIVIDER.
DEVELOPMENT means any man-made change to improved or unimproved real estate.
DIAMETER AT BREAST HEIGHT (DBH) means the outside bark diameter of a tree as measured four and one-half feet above the forest floor on the uphill side of a tree.
EASEMENT means a grant of one or more of the property rights by the property owner and/or for the use by the public, a corporation, or another person or entity.
ENGINEER, REGISTERED means an engineer registered by the State of Ohio.
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.
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.
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.
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.
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.
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.
FIRE CHIEF means the Fire Chief of the applicable township fire department.
FISCAL OFFICER means the Fiscal Officer of the Village of Commercial Point.
FLOOD, BASE means the flood having a 1% 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 100 year flood.
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.
FRONTAGE means that portion of a lot abutting on a dedicated right-of-way.
GRADE means the slope of any surface specified in percentage terms.
GRADE, EXISTING STREET means the grade of the street measured from the centerline to the edge of the street.
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.
GRADE, NATURAL means the grade of the undisturbed surface of any land.
HILLSIDE means an area with an average grade of more than 15%.
IES means Illuminating Engineering Society.
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 Commercial Point may ultimately assume the responsibility for operation and maintenance or which may affect an improvement for which Commercial Point is responsible.
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.
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.
IN-LIEU FEES means fees paid by a private individual or party to Commercial Point to compensate for the mandatory dedication provisions, if such provisions exist, of the Commercial Point Zoning Code when said land dedication is waived by Council.
INSPECTION FEE means the cost to the municipality of monitoring construction, to be paid by the developer.
LANDSCAPE ARCHITECT means a landscape architect registered by the State of Ohio.
LAW DIRECTOR means the Law Director or Solicitor of Commercial Point, Ohio.
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.
LOT, CORNER means a lot located at the intersection of two or more streets.
LOT, DOUBLE FRONTAGE means a lot, other than a corner lot, with frontage on more than one street.
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.
LOT, INTERIOR means a lot with only one frontage on a street.
LOT, IRREGULAR means a lot that is neither square nor rectangular.
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.
LOT, MEASUREMENT. A lot shall be measured as follows:
(1) 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.
(2) 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.
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.
LOT, REVERSE FRONTAGE means a double frontage lot located along a collector or arterial that derives access from an interior local street.
MANDATORY LAND DEDICATION means the required dedication of private land to Commercial Point for the purpose of providing space for park, recreation, open space and other public uses.
MAP INDEX means a map supplied with street improvement plans showing the street and storm system at a scale of 1" = 200'.
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'.
MAYOR means the Mayor of Commercial Point, Ohio.
MUNICIPAL ENGINEER means the municipal engineer or engineering firm contracted by the municipality.
MUNICIPALITY means the Village of Commercial Point, Ohio.
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.
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.
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.
ODOT means the Ohio Department of Transportation.
OEPA means the Ohio Environmental Protection Agency.
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.
OWNER means the legal owner of the land proposed to be subdivided.
PERFORMANCE AND INDEMNITY BOND OR SURETY BOND means an agreement by and between a subdivider and a bonding company in favor of Commercial Point 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.
PLANNING AND ZONING ADMINISTRATOR means the Planning and Zoning Administrator of the municipality.
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.
RESERVES means parcels of land within a subdivision set aside for future subdivision or set aside for other purposes, as noted on the plat.
RIGHT-OF-WAY means the surface of any 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.
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.
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.
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.
SETBACK, REAR means the minimum distance between the rear lot line and a building, as required by the Zoning Code.
SETBACK, SIDE AND CORNER SIDE means the minimum distance between the side lot line and a building, as required by the Zoning Code.
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).
STREET, CUL-DE-SAC means a local street having only one outlet and a paved terminal for safe and convenient reversal of traffic movement.
STREET, DEAD END means a local street having only one outlet without a safe and convenient means for reversal of traffic.
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.
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.
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.
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.
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.
STRUCTURE means that which is constructed having a location on, above or below the surface of land or water or attached to that having a location on, above or below the surface of land or water. Containerized cargo boxes, freight transport trailers and similar items are prohibited for use as structures in all districts.
SUBDIVIDER means the person who intends to build/construct the subdivision.
SUBDIVIDER'S AGREEMENT means an agreement by and between a subdivider and Commercial Point 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.
SUBDIVISION means any or all of the following:
(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 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.
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.
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.
SURVEYOR means a surveyor registered by the State of Ohio.
TECHNICAL REVIEW GROUP means the municipality's review body of engineering construction plans for private and public development projects.
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 including the Land Use Plan adopted May 2, 2011.
TREE means any tree, shrub, or other woody plant.
TREE LAWN means the strip of land between the back of curb and sidewalks and/or planting easement.
TREE, LARGE means any tree species having a trunk caliper of six inches or more.
TREE, SIGNIFICANT means any individual tree that is of cultural, historical, biological, or horticultural value as determined by the Urban Forester.
UTILITY PLANT SUPERINTENDENT means the Utility Plant Superintendent of Commercial Point, Ohio.
ZONING CODE means the Zoning Code of the municipality.
(Ord. 2020-10, passed 6-15-2020)