For the purpose of these Subdivision Regulations the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ALLEY” A quantity of land dedicated to the public to provide a private or secondary means of access to the back or side of properties otherwise abutting on a street.
“BLOCK” A subdivided property surrounded by, but not separated by, one or more of the following man-made or physical land features: private or public dedicated streets, unsubdivided acreage, rivers or streams, or by any other physical feature which prevents continuity of development.
“BOULEVARD” See “STREET”.
“BUILDING SETBACK LINE” A line establishing the limits of a yard which abuts a street and in which no building or other improvement for active use (except parking) may be located.
“COLLECTOR THOROUGHFARE” See “STREET”.
“CUL-DE-SAC” See “STREET”.
“DEAD-END STREET” See “STREET”.
“DEVELOPER” Any person, partnership, corporation, or duly authorized agent who constructs or contracts to construct improvements on subdivided land. A developer may also be a "subdivider" as elsewhere defined herein.
“EASEMENT” A quantity of land over which a liberty, privilege, or advantage is granted by the owner to the public, a corporation, or particular person for a specific use or purpose.
“ESTATE DEVELOPMENT” See “SUBDIVISION”.
“FINAL PLAN” See “SUBDIVISION PLAT”.
“FLOOD PLAIN” Land which has been or may hereafter be covered by flood waters including, but not limited to, the regulatory flood. For the purpose of these regulations, the regulatory flood shall be deemed to be a flood of 100-year frequency.
“IMPROVEMENTS” Grading, street surfacing, curbs and gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, storm sewer outfall, culverts, street lights, street trees and the appropriate appurtenances required to render land suitable for the use proposed.
“INDUSTRIAL-COMMERCIAL STREET” See “STREET”.
“LICENSED LAND SURVEYOR” A person licensed to practice surveying by the State Board of Registration.
“LOCAL STREET” See “STREET”.
“LOT” A division of land separated or intended to be separated from other divisions of land by description on a recorded subdivision plat, recorded survey map, or by metes and bounds for the purpose of sale, lease, or separate use.
(1) “CORNER LOT” A lot at the point of intersection of and abutting onto more than one street.
(2) “DOUBLE FRONTAGE LOT” A lot other than a corner lot, that abuts onto more than one street.
“LOT LINES” The lines defining the boundaries of a lot.
“MAJOR ARTERIAL THOROUGHFARE” See “STREET”.
“MARGINAL ACCESS STREETS” See “STREET”.
“MINOR ARTERIAL THOROUGHFARE” See “STREET”.
“OFFICIAL MAPS” The maps of the Village and the surrounding area showing the streets, highways, parks, and other public areas and sites, adopted and established by law, including additions thereto, resulting from the legal filing of approved plats.
“OPEN SPACE DEVELOPMENT” See “SUBDIVISION”.
“OWNER” Any individual, firm, association, syndicate, copartnership, 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 land under these regulations.
“PAVEMENT” That portion of the street right-of-way surfaced for vehicular use.
“PEDESTRIAN WALKWAY” A dedicated public right-of-way limited to pedestrian use.
“PERFORMANCE BOND” An agreement by and between the "subdivider" and a surety company in favor of the Village, or an instrument approved by the Village between the "subdivider" and the Village, for the amount of the estimated construction cost guaranteeing the completion of the requirement improvements according to the specifications set forth in these regulations, within the time prescribed by the above agreement.
“PLANNED UNIT DEVELOPMENT” See “SUBDIVISION”.
“PLANNING COMMISSION” The Planning Commission of the Village.
“PRELIMINARY PLAN” A drawing for the purpose of study of a "major subdivision" and which, if approved, permits proceeding with the preparation of a "subdivision plat."
“PRIVATE STREET” See “STREET”.
“PROFESSIONAL ENGINEER” A person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.
“PUBLIC RESERVATION” A portion of a "subdivision" which is set aside for public use and made available for public use and acquisition.
“PUBLIC UTILITY” Any person, firm, association, corporation, trust, board, commission, or other legal entity, duly authorized to furnish under state, county or municipal regulations to the public gas, steam, electricity, sewerage disposal and treatment, communication, television, telegraph, transportation, water or waste treatment.
“REGIONAL PLANNING COMMISSION” The County Regional Planning Commission.
“REGISTERED ARCHITECT” An architect duly authorized to practice architecture in accordance with state law.
“REGISTERED ENGINEER” An engineer duly authorized to practice civil engineering in accordance with state law.
“RESERVE STRIP” A strip of land parallel and abutting a thoroughfare controlling the means of access onto the property.
“RESERVED AREA” or “RESERVATION” A parcel of land within a "subdivision" which is set aside for a specific use, other than residential, commercial, or industrial.
“RIGHT-OF-WAY” The land between property lines of a street, alley, pedestrian walkway, or utility line, dedicated to public ownership or use, not including an easement.
“SERVICE DRIVES” See “STREET”.
“STREET” A right-of-way which affords the principal means of access to abutting property and which has been dedicated or deeded to the public use and accepted by the Village. Streets shall be further defined as follows.
(1) “BOULEVARD” A “street” or road on which traffic flow is divided into each direction by a median strip which is usually landscaped with grass and plantings. A “BOULEVARD” may serve the function of an arterial thoroughfare, “collector thoroughfare” or “local street”, depending on its relationship within the overall transportation system.
(2) “COLLECTOR THOROUGHFARE” A “street” or road which is intended to collect traffic from “local streets” within a neighborhood and channel it onto the arterial system, or conversely to distribute traffic from the arterial system to the “local streets”. Access to abutting properties is equal in importance to the movement of through traffic. For the purpose of this chapter, “COLLECTOR THOROUGHFARES” are designated on the “thoroughfare plan" of the Village.
(3) “CUL-DE-SAC” A street having one outlet open to vehicular traffic and the other end permanently terminated by a vehicular turn-around.
(4) “DEAD-END STREET” A street temporarily having one outlet open to vehicular traffic and not provided with a permanent vehicular turn-around.
(5) “INDUSTRIAL-COMMERCIAL STREET” A “street” or road intended to be utilized in an area zoned industrial or commercial and intended to carry heavy vehicular traffic serving primarily light or heavy industrial and commercial establishments.
(6) “LOCAL STREET” A “street” which is intended primarily to provide access to abutting properties. Through traffic should be discouraged on “local streets”. All streets not otherwise designated shall be designated as “LOCAL STREETS”. For the purpose of this chapter, “LOCAL STREETS” are designated on the “thoroughfare plan” of the Village.
(7) “MAJOR ARTERIAL THOROUGHFARE” A “street” or road which is intended to carry the major portion of traffic entering or leaving an urban area and also significant intra-urban travel such as between communities or between major urban centers. Major arterials should form the boundaries of residential neighborhoods but should not penetrate those neighborhoods. Access or service to abutting properties is a secondary function to the provision of travel service. Parking and loading are discouraged. For the purpose of this chapter, “MAJOR ARTERIAL THOROUGHFARES” are designated on the “thoroughfare plan” of the Village.
(8) “MARGINAL ACCESS STREETS” Minor “streets” which are parallel to and adjacent to arterial streets and highways and which serve to reduce the number of access points to the arterial streets and thereby increase traffic safety.
(9) “MINOR ARTERIAL THOROUGHFARE” A “street” or road which is intended to connect with and augment the major arterial system. The function of the minor arterial system is to provide travel service to trips of moderate length and provide intra-community continuity. “MINOR ARTERIAL THOROUGHFARES”, a lower level of travel service than major arterials, but access to abutting properties is still a secondary function to the movement of through traffic. Minor arterials should also form the boundaries of neighborhoods but not penetrate the neighborhood. Parking and loading should be discouraged. For the purpose of this chapter, “MINOR ARTERIAL THOROUGHFARES” are designated on the “thoroughfare plan” of the Village.
(10) “PRIVATE STREET” A “street” or road that is not dedicated for public ownership or maintenance and which is to be maintained by an association of property owners or through other private means.
(11) “SERVICE DRIVES” A “street” providing access to property which abuts or is adjacent to minor or major thoroughfares.
“SUBDIVIDER” An individual, firm, association, corporation, trust, or any legal entity, commencing proceedings under these regulations to subdivide land within the Village.
“SUBDIVISION” The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax role 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; however, 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 the sale or exchange does not create additional building sites, shall be exempted. The term also means the improvement of one or more parcels of land for residential and commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, 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 easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.
(1) “ACRE LOT SUBDIVISION” A single-family residential “subdivision” having a minimum lot size of one acre and density of one dwelling unit per one acre and having municipal water service.
(2) “ESTATE DEVELOPMENT” A residential "subdivision" with a minimum lot size of two acres and a maximum density of one dwelling unit per each two acres.
(3) “MAJOR SUBDIVISION” Any “subdivision” that does not meet the definition of a “minor subdivision”. “Open Space” and “Planned Unit Developments” shall be defined as “MAJOR SUBDIVISIONS” for the purposes of these regulations.
(a) “OPEN SPACE DEVELOPMENT” Any subdivision of land which has both individual building sites and common open space areas, such as park and recreation areas, and is planned, designed, and organized as a unified development capable of providing a variety of residential dwellings.
(b) “PLANNED UNIT DEVELOPMENT” Any subdivision of land where both individual building sites and common property devoted to parks, playgrounds, or other public sites are designed to function in a satisfactory manner as a self contained residential area. The “PLANNED UNIT DEVELOPMENT” may include commercial activities, schools, or other related uses if approved as part of the final development plan.
(4) “MINOR SUBDIVISION” A “subdivision” of a parcel along an existing public-dedicated "street" not involving the opening, widening, or extension of any "street" or road, and involving no more than five lots after the "original tract" has been "completely subdivided" and provided that the same is not contrary to applicable platting, subdividing, or zoning regulations. The further division of an original tract which has been previously divided into five lots requires the replatting of the original tract.
(a) “ORIGINAL TRACT” A contiguous quantity of land held in common ownership which has not been platted by the existing owner or owners.
(b) “COMPLETELY SUBDIVIDED” A tract which is divided into as many lots as the "subdivider" intends for that tract.
“SUBDIVISION PLAT” The final map or drawing on which the subdivider's plan of “subdivision” is presented to the Village Planning Commission for approval.
“THOROUGHFARE PLAN” A plan prepared by the Village Engineer and adopted by the legislative body, showing the accurate location, grade, and width of existing or proposed streets in the Village and being on file in the Village office and the Village Engineer's office.
(Ord. 81-56. Passed 12-28-81.)