(a) Except where otherwise provided for in these regulations, the following terms shall, applied throughout these regulations, have the meaning indicated herein.
(b) For the purpose of these regulations, certain general terms used herein shall be interpreted as follows:
(1) Words used in the present tense shall include the future tense;
(2) Words used in the singular shall include the plural, and words used in the plural shall include the singular;
(3) The word
LOT shall include the words “plot” or “parcel;”
(4) The word
PERSON shall include “firm,” “association,” “organization,” “partnership,” “trust,” “company,” or “corporation” as well as an individual;
(5) The word
SHALL shall be a mandatory requirement, the word MAY shall be a permissive requirement; and
(6) The words
USED or OCCUPIED shall include the words “intended, designed, or arranged to be used or occupied.”
(c) For the purpose of these regulations, certain specific terms used herein shall be interpreted as follows:
(1) ACREAGE, GROSS means the total area of a subdivision, including rights-of-way, common open spaces, and that portion of land that may be deemed unsuitable for building due to physical or regulatory restrictions.
(2) ACREAGE, NET means the area of a subdivision devoted exclusively to building sites, excluding rights-of-way, common and open spaces, and that portion of land that may be deemed unsuitable for building due to physical or regulatory restrictions.
(3) ADEQUATE PUBLIC FACILITIES means facilities determined to be capable of supporting and servicing the physical area and designated intensity of a proposed subdivision as determined by applicable regulatory authorities based upon specific levels of service.
(4) BLOCK means a piece or parcel of land entirely surrounded by highways, streets, railroad rights-of-way, streams, lakes or bodies of water, or a combination of aforesaid bounds.
(5) PLANNING COMMISSION means the Jefferson Village Planning Commission.
(6) VILLAGE COUNCIL means the duly elected officials pursuant to R.C. §§ 731.09 to 731.16, as now existing or hereafter amended.
(7) BUILDING means any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals and/or personal property.
(8) BUILDING LINE means a line established by these regulations or zoning requirements, where applicable, generally parallel to and measured from the lot line for side and rear yards and the right-of-way for front yards, defining the limits of an area in which no building or other structure may be located above ground, except as otherwise provided for in these regulations or zoning requirements, where applicable.
(9) COMPREHENSIVE PLAN means a plan or any portion thereof adopted by municipal government which shows the general location and extent of present and proposed physical facilities, including but not limited to land uses, major thoroughfares, parks, schools, and other community facilities, and which establishes the goals, objectives and policies of the municipal government which has adopted it.
(10) CONDOMINIUM PROPERTY means property which is ultimately to be jointly owned, partially or wholly, under provision(s) of a condominium declaration, recorded pursuant to Chapter 5311 of the Ohio Revised Code, as now existing or hereinafter amended.
(11) CONSERVATION OF LAND means the preservation of land, including but not limited to land maintained or left in the natural condition.
(12) CONSTRUCTION PLANS means a drawing or set of drawings and specifications, prepared by an engineer as defined in these regulations, describing in detail the location and design of all improvements proposed to serve a proposed major subdivision, as presented to the Planning Commission and which meets all of the requirements of these regulations.
(13) COUNTY means the county of Ashtabula, Ohio.
(14) CULVERT means a transverse drain that channels water under a bridge, street or driveway.
(15) DENSITY means a measurement of the number of dwelling units, including public housing and industrialized units, per acre of land.
(16) DENSITY, GROSS means the density as measured over the total land to be developed.
(17) DENSITY, NET means the density as measured over only the land devoted to residential uses.
(18) DRAINAGE WAY means the land required for construction of storm water sewers or drainage ditches, or required along a natural stream of watercourse.
(19) DRIVEWAY. A passageway across the village right-of-way and the front yard area of a property used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
(20) DWELLING UNIT means space, within a building, comprising living, dining and/or sleeping rooms, as well as space and equipment for cooking, bathing and toilet facilities, all used by more than one family, as defined by zoning requirements, where applicable, and its household employees.
(21) EASEMENT means authorization by a property owner for use by another, and for a specified purpose, of one or more basic property rights.
(22) ENGINEER means any person registered to practice professional engineering by the State Board of Registration pursuant to Section 4733.01 of the Ohio Administrative Code, as now existing or hereinafter amended.
(23) EROSION means the wearing away of land by wind or water.
(24) EROSION AND SEDIMENT CONTROL PLAN means a drawing or set of drawings and specifications describing in detail appropriate conservation practices, including a schedule of installation and location, proposed to minimize soil erosion and off-site sediment yield, to be employed during and after construction of a subdivision, as presented to the Soil and Water Conservation District for approval, and which meets all the requirements of these regulations.
(25) FINAL PLAT means a drawing or set of drawings, prepared by a surveyor and engineer as defined in these regulations, describing in detail the final plan and layout of a proposed major subdivision, as presented to the Planning Commission for approval and subsequent recording by the County Recorder, and which meets all of the requirements of these regulations.
(26) FLOODPLAIN means lowland area which borders a stream or other water course and is subject to flooding, as identified by the United States Department of Housing and Urban Development, Federal Insurance Administration, or Flood Insurance Rate Maps (FIRM) as part of the National Flood Insurance Program, as now existing or hereinafter amended.
(27) IMPROVEMENTS means street pavement or surfacing, grading, curbs, gutters, ditches, sanitary and storm sewers, water mains, sidewalks, street lights, street signs, utility lines, landscaping, parks, monuments and other appurtenances required to render land suitable for the use(s) proposed.
(28) LOT means a parcel of land of sufficient size, where applicable, to meet current zoning requirements, where applicable, for use, coverage and/or area, to provide such yards and other open spaces as are required, and shall consist of one or more of the following:
A. A single lot of record;
B. A portion of a lot of record; and/or
C. A combination of complete lots of record, of complete and portions of lots of record, or of portions of lots of record.
(29) LOT OF RECORD means a parcel of land which is part of a subdivision recorded in the office of the County Recorder, or which is described by meets and bounds, the description of which has been recorded in the office of the County Recorder.
(30) Lot terms are defined as follows:
A. LOT AREA is the area of a lot exclusive of the area of any portion of any abutting road right-of-way;
B. LOT DEPTH is the average distance between front and rear lot lines;
C. LOT FRONTAGE is the continuous portion of a lot or lots which abuts a single road right-of-way. For a corner lot, all sides of the lot adjacent to road rights-of-way shall be considered lot frontage. The minimum required lot frontage shall be provided along both road rights-of-way, and a front yard shall be provided on each such side on the lot, which yard shall not be included as part of the minimum required lot frontage as measured along the road right-of-way;
D. LOT LINES are the boundaries of a lot exclusive of the area of any portion of any abutting road right-of-way, regardless of whether ownership includes any portion of any abutting road right-of-way; and
E. LOT WIDTH is the continuous distance between side lot lines, as measured at the building line along a line parallel to the front lot line, except that no front yard provided on the side of a lot abutting a road right-of-way shall be included as part of the minimum required lot width as measured along any road right-of-way.
(31) Lot Types are defined as follows:
A. CORNER LOT is a lot located at the point of intersection of and with frontage on two or more streets;
B. DOUBLE FRONTAGE LOT is a lot other than a corner lot with frontage on two or more streets;
C. INTERIOR LOT is a lot with frontage on only one street; and
D. REVERSE FRONTAGE LOT is a lot which may be a corner lot with frontage contrary to the general pattern in the area.
(32) MONUMENT means a permanent survey marker used to mark a street intersection, the starting or ending point of a curve, a sublot corner, a subdivision corner, an original lot corner, a section corner, or other point of transition of township, municipal corporation, county, or other lines, and conforming to the Ohio Revised Code and the Conveyance Standards, as well as any and all applicable regulations governing its construction and placement.
(33) OFFICIAL FILING means the acceptance by the Planning Commission of an application, which meets all the requirements of these regulations, for a proposed minor subdivision, or a preliminary plan or final plat, or site plan where applicable, of a proposed major subdivision.
(34) ORIGINAL TRACT means a contiguous quality of land held in common ownership which has not been previously subdivided by the current owner(s).
(35) OWNER means an individual, firm, association, syndicate, partnership, cooperation, trust, or other legal entity having sufficient proprietary interest in land proposed to be subdivided to commence and carry out proceedings to subdivide said land pursuant to these regulations.
(36) PARK LAND means land used for passive leisure activity including but not limited to picnicking, walking, and resting.
(37) PARKING SPACE, OFF-STREET means an area, enclosed or unenclosed, of not less than 200 square feet (10 feet by 20 feet) permanently reserved for off street parking and located totally outside of any street or alley right-of-way, and connected to a public street or alley by a driveway which affords satisfactory ingress and egress.
(38) PEDESTRIAN WAY means a dedicated public right-of-way limited to pedestrian traffic.
(39) PRELIMINARY PLAN means a drawing or set of drawings, prepared by a surveyor as defined in these regulations, describing in detail the plan and layout of a proposed major subdivision for the purpose of study, as presented to the Planning Commission for approval and, if approved, authorization to proceed with preparation of construction plans and a final plat, and which meets all the requirements of these regulations.
(40) PUBLIC PARKS AND GREEN AREAS means the portion of land within a subdivision devoted to public recreation facilities and/or uses deemed significant in terms of attractive, valuable, and unique natural features to be preserved and remain undeveloped for the general welfare of the public and the village; this area will be calculated exclusive of parking areas, streets, and not more than 20% of the land which is covered by water.
(41) PUBLIC UTILITY means any individual, firm, association, syndicate, partnership, corporation, trust, or other legal entity having a permit from the Public Utilities Commission of Ohio
(PUCO) or other applicable regulatory body to furnish to the public electricity, gas, sanitary sewer, water, telephone and/or other similar public services.
(42) PUBLIC WAY means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right- of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or any other in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
(43) RECREATION LAND means land usedfor active leisure activity including but not limited to ball playing, tennis, and other games.
(44) RIGHT-OF-WAY means a strip of land taken or dedicated for use as public way, which in addition to roadway surface, normally incorporates curbs, lawn strips, sidewalks, lighting, water and sewer lines, drainage facilities, and other appurtenances, and which may include special features required by topography or other condition such as grade separation, landscaped areas, viaducts and bridges.
(45) SEDIMENTATION means the process of accumulating and/or depositing sediment, or earth material moved or deposited by water or wind.
(46) SEWAGE DISPOSAL SYSTEM means a system of pipes and all appurtenances thereto constructed for the removal and collection of human wastes for disposal to the wastewater treatment plant.
(47) SIDEWALK means a portion of right- of-way outside the roadway surface, which is improved for the use of pedestrian traffic.
(48) SITE PLAN means a drawing or set of drawings prepared by a surveyor as defined in these regulations describing in detail the proposed arrangement of buildings or other structures, objects and activities, and spaces on land, examples of which include but are not limited to a cluster of structures, a single building and its grounds, a commercial plaza,
an apartment complex, an industrial or office park and/or a small community.
(49) SOIL AND WATER CONSERVATION DISTRICT means the soil and water conservation district of the county.
(50) STORM SEWER means a system of pipes, tiles, tubes, mains, underground conduit and/or other passages, and all appurtenances thereto, constructed for the purpose of removal, diversion, collection, and dispersal of excess surface water runoff.
(51) STORMWATER MANAGEMENT means the control and regulation of the rate of dispersal of surface water runoff from a subdivision, to minimize erosion and flooding of a site, as well as of upstream and downstream properties.
(52) SUBDIVIDER means any individual, firm, association, syndicate, partnership, corporation, trust, or other legal entity authorized to commence and carry out proceedings to subdivide land pursuant to these regulations, whether an owner or a duly authorized agent thereof, of the land proposed to be subdivided.
(53) SUBDIVISION. Pursuant to R.C. § 711.001, as now existing or hereafter amended, 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, any one of which is less than five acres 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, gross acreage, not involving any new streets or easements of access and the sale of exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted as provided in these regulations; or 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; or the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easement for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(54) SUBDIVISION MAJOR means a subdivision that does not meet the requirements of a minor subdivision.
(55) SUBDIVISION MINOR. Pursuant to R.C. § 711.131, as now existing or hereinafter amended, a division of a parcel of land along an existing public street or road, not involving the opening, widening, or extension of any street or road, and involving not more than five lots, any one of which is less than five acres, gross acreage, after the original tract has been completely subdivided.
(56) SURVEY means a drawing or set of drawings describing information necessary or incidental to the transfer of one or more existing or proposed lots, prepared by a surveyor, as defined in these regulations, in accordance with Minimum Standards for Boundary Surveys of the State, pursuant to Section 4733.37 of the Ohio Administrative Code, as now existing or hereinafter amended, conforming to § 466 of these regulations, conforming to applicable samples shown in these regulations, and conforming to any and all applicable regulations governing its preparation.
(57) SURVEYOR means any person registered to practice professional surveying by the State Board of Registration pursuant to Section 4733.01(E) of the Ohio Administrative Code, as now existing or hereinafter amended.
(58) TERRAIN CLASSIFICATION means a method of describing the topography patterns of land for street design purposes, and classified as follows:
A. LEVEL land shall have a cross slope range not less than 4;
B. ROLLING land shall have a cross slope range not less than 4% and not exceeding 8%;
C. HILLY land shall have a cross slope range not less than 8% and not exceeding 15%; and
D. HILLSIDE land shall have a cross slope range not less than 15%.
(59) THOROUGHFARE (STREET and ROAD) means the full width between lot lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic, and classified as follows:
A. ALLEY is a thoroughfare used primarily for vehicular service access to the back or side of one or more lots abutting another street;
B. ARTERIAL STREET is a thoroughfare used to bring traffic to and from limited access highway and other arterial streets, and to serve major movements of traffic through the county not served by limited access highways, to interconnect the principal traffic generators and high traffic volume corridors within the county, and to connect rural areas for long and/or through trips;
C. COLLECTOR STREET is a thoroughfare used to serve the internal traffic movement within a specific area of the county and to bring traffic between such area and proximate arterial streets, but which are not used to handle long and/or through trips and which are not, by necessity, continuous for any great length;
D. CUL-DE-SAC STREET is a thoroughfare with one end open to traffic and the other end terminating in a vehicular turnaround;
E. DEAD END STREET is a thoroughfare temporarily having only one outlet for vehicular traffic, but intended to be extended or continued in the future and provided with a fully improved vehicular turnaround on a temporary easement;
F. LIMITED ACCESS HIGHWAY is a thoroughfare devoted to movement of traffic and not providing access to abutting properties;
G. LOCAL STREET is a thoroughfare whose sole function is to provide access to land immediately adjacent;
H. LOOP STREET is a type of local street, each end of which terminates at an intersection with the same arterial or collector street;
I. MARGINAL ACCESS STREET is a thoroughfare that is parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets; and
J. PARKWAY is a thoroughfare that runs through a strip of public park land, to which access may or may not be permitted.
(60) TREE LAWN means the portion of a right-of-way between a curb or pavement edge and public sidewalk or lot line.
(61) UNUSABLE LAND means land with a cross slope range exceeding 60% and/or having characteristics such as rockiness, swampiness, or other features which can lead to difficulties for construction, active reaction, or other uses.
(62) VARIANCE means a modification of a provision of these regulations, as determined by the Planning Commission pursuant to these regulations.
(63) VICINITY MAP means a drawing located on a preliminary plan and/or final plat, and/or site plan where applicable, which sets forth the relationship of a proposed subdivision to other nearby developments, landmarks, and other community facilities and services in the county, so as to orient and locate more easily the subdivision in question.
(64) WATERS OF THE STATE means all streams, lakes, ponds, wetlands, watercourses,
waterways, wells, springs, irrigation systems, drainage systems, wetlands and all other bodies or accumulations of water, surface and underground, natural or artificial, regardless of the depth of the strata in which underground water is located, which are situated wholly or partly within, on border upon, this state, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface or underground waters.
(65) WATERSHED means the drainage area in which a subdivision drains, as well as that land whose drainage is affected by a subdivision.
(66) WETLAND. Pursuant to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, as now existing or hereinafter amended, areas inundated by surface or ground water at a frequency or duration sufficient under normal circumstances to support a prevalence of vegetation adapted for life in saturated soil conditions.
(67) YARD means a required open space other than a court occupied and unobstructed by any structure or portion thereof from a point three feet above average finished grade upward, provided accessories, ornaments, and furniture shall be permitted in any yard, subject to zoning and other requirements affecting height and visibility, where applicable.
(68) Yard Types are defined as follows:
A. FRONT YARD is a yard extending between side lot lines across the front of a lot and from the front lot line to the front building line;
B. REAR YARD is a yard extending between side lot lines across the rear lot and from the rear lot line to the rear building line for principle and/or accessory buildings; and
C. SIDE YARD is a yard extending from the side building line to the side lot line on both sides of the principle building and between the lines establishing the front and rear yards.
(69) ZONING INSPECTOR means the person designated by the Village Council to administer and enforce zoning and other related requirements, where applicable.
(`80 Code, § 1224.08) (Ord. 2236, passed 1-19-99; Ord. 2569, passed 2-22-05)