(1) "Accelerated erosion" means erosion much more rapid than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man.
(2) "Alley" means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
(3) "Arterial street" means a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
(4) "Building setback line" means a line indicating the minimum horizontal distance permitted between a building and a street right-of-way line.
(5) "Butt lot" means a lot whose side abuts the rear line of another.
(6) "Cash escrow" means cash or an account in a financial institution for which custody has been provided to another until certain conditions are performed.
(7) "Cash payment" means funds established in order to service and maintain public land areas dedicated and/or established under these regulations or prior subdivision regulations within the governmental unit in which the subdivision is located.
(8) "Channel" means a natural or artificial watercourse that conforms and conducts sustained or intermittent streamflow.
(9) "Collector street" means a street, whether within a residential, commercial, industrial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance circulation routes within residential subdivisions.
(10) "Commission" means the Mahoning County Planning Commission.
(11) "Comprehensive Development Plan" means a plan, or any portion thereof, adopted by the Planning Commission and/or the legislative authority of Mahoning County showing the general location and extent of present and proposed physical facilities including housing, commercial and industrial uses, major streets, public land, open space, schools and other community facilities. This plan establishes the goals, objectives, and policies of the community.
(12) "Conservation easement (scenic)" means an easement of varied width, established to preserve a natural feature of a development site or this type of easement can be used as a planning tool to create a new preservation feature of a development plan. This easement remains a part of the lots, parcels, etc., is restricted from specific building encroachment and is maintained by the lot owner. When a public utility or government controlled facility is within or adjacent to the development site, then maintenance rights are established or retained. The Commission reserves enforcement rights under these regulations.
(13) "Corner lot" means a lot located at the intersection of two or more streets.
(14) "County" means Mahoning County, State of Ohio.
(15) "Covenant" means a written promise or pledge.
(16) "Critical storm" means that storm, selected on the basis of the increased volume of stormwater runoff caused by development, which is used as the control limit in compensating for the increased volume of stormwater runoff from a development area.
(17) "Cul-de-sac" means a short street having one end open to vehicular traffic and the other end permanently terminated by a vehicular turnaround.
(18) "Culvert" means a transverse drain that channels stormwater under a bridge, street or driveway.
(19) "Curb" means the raised edge of the pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
(20) "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(21) "Dedication" means land set aside by the owner for some public use together with acceptance for such use by or on behalf of the public.
(22) "Density" means a unit of measurement; the number of dwelling units per acre of land.
(1) "Gross density" means the number of dwelling units per acre of the total land developed.
(2) "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(23) "Developer" means any individual, subdivider, corporation, firm, partnership, association, syndicate, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land for himself or another.
(24) "Devil strip" means a strip of undedicated land along the border of a subdivision to prevent public access (also referred to as a "spite strip" or "reserve strip").
(25) "Diversions." See terraces and diversions.
(26) "Double frontage lot" means a lot fronting on two streets other than a corner lot.
(27) "Dwelling" means any building or portion thereof occupied or intended for occupation exclusively for residential purposes, excluding tent, cabin, trailer coach (motor home), trailer or other temporary or transient structure or facility.
(28) "Dwelling unit" means space, within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
(29) "Earth disturbing activity" means any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed and which may result in or contribute to erosion and sediment pollution.
(30) "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(31) "Encroachment" means a building, part of building, or obstruction which intrudes upon or invades a highway, sidewalk or trespasses upon property of another.
(32) "Engineer" means any person registered to practice professional engineering by the State board of registration as specified in Ohio R. C. 4733.14.
(33) "Expressway" means a divided arterial highway for through traffic with full or partial control of access and generally with grade separation at intersections.
(34) "Fee simple title" means a sufficient conveyance to vest a fee simple title of all parcels of land shown on a recorded plat to the County where the plat is filed for record, which is named or intended for public use, for the uses and purposes therein named, expressed or intended and for no other use or purpose.
(35) "Flooding" means the rapid movement of water outside the usual course of a stream or river.
(36) "Flood Plain" means nearly level land, consisting of stream sediment, that borders a stream and is subject to flooding, unless artifically protected.
(37) "Floodway" means the channel and those parts of the adjoining flood plain that are reasonably required to carry and discharge the 100 year flood without a substantial increase in stage.
(38) "Floodway fringe" means the area within the regulatory flood plain that is outside the floodway. The floodway fringe serves primarily as backwater storage area.
(39) "Freeway" means an expressway with full control of access.
(40) "Frontage" means the horizontal or curvilinear distance along the street line upon which a lot abuts.
(41) "Frost action" means freezing and thawing of moisture in materials and the resultant effects on these materials and on structures of which they are a part or with which they are in contact.
(42) "Grade" means the slope expressed in a percent which indicates the rate of change of elevation in feet per hundred feet.
(43) "Gutter" means that portion of a right-of-way carrying surface drainage.
(44) "Hardship" means a condition not caused by the subdivider for which he may request a variance.
(45) "High pressure transmission line." For the purpose of these regulations, high pressure is 100 lbs. or more per square inch within the transmission line.
NOTE: The meaning of high pressure could possibly vary depending on the company involved; therefore the Commission may require confirmation from the governing transmission company.
(46) "Highway" means a general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.
(47) "Highway Director" means the Director of the Ohio Department of Transportation.
(48) "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sanitary facilities, storm drains, street lights, flood control and drainage facilities, utility lines, street signs, landscaping and other items in order to promote the health, safety and welfare of the public in general.
(49) "Inspection fee" means the fee paid by the developer for services provided in supervising construction and making inspections of all subdivision improvements, as contained on the approved (signed) construction drawings.
(50) "Intermediate highway" means a highway which carries a steady traffic volume and is a part of the local traffic circulation system.
(51) "Letter of Credit" means a written letter prepared by an authorized representative of a financial institution, committing availability of funds for a specified period of time and purpose until certain conditions are performed. Such funds being available upon presentation of letter.
(52) "Local street" means a street primarily for providing access to residential, commercial, or other abutting properties.
(53) "Location map" means a drawing located on the plat showing the site with relation to adjoining areas.
(54) "Loop street" means a type of local street, each end of which terminates at an intersection with the same arterial or collector street.
(55) "Lot" means a parcel of real estate, sufficient in size to meet the minimum standards of these regulations and conform to valid zoning ordinances in regards to land use, coverage and area, including all open spaces required by such regulations and ordinances.
(56) "Lot area" means the area of the lot exclusive of the street right-of-way.
(57) "Lot depth" means the average horizontal distance between the front (street right-of-way) and the rear lot line.
(58) "Lot frontage" means the horizontal or curvilinear distance along the street right-of-way line upon which a lot abuts.
(59) "Lot line" means a legally defined line dividing one tract of land from another.
(60) "Lot width" means the horizontal distance between the side lot lines at the minimum building setback line.
(61) "Maintenance bond" means an instrument posted by the owner(s) obligating the principal(s) to maintain all newly constructed improvements within a specified subdivision, for a predetermined amount, for an agreed period of time in order to insure the health, safety and general welfare of the Community.
(62) "Major highway" means a highway which carries a large volume of traffic (usually State or Federal Routes).
(63) "Major subdivision" means a plat involving one or more lots where a new street is being established, extended, reserved or vacated.
(64) "Major Thoroughfare Plan" means the comprehensive plan adopted by the Commission indicating the general location and intended right-of-way widths for Expressways, Major Highways, Intermediate Highways and Local Streets.
(65) "Minor highway" means a highway used as a neighborhood collector.
(66) "Minor subdivision" means a plat involving one or more lots where no street is being established, extended or reserved, but may include the widening of the existing right-of-way.
(67) "Monuments" means permanent concrete or iron markers used to established definitely all lines of the plat of a subdivision, including all lot corners, boundary lines and points of change in street alignment.
(68) "Open space" means an area open to the sky exclusive of streets, structures for habitation and the like. Primarily a green belt formed by a combination of natural features such as wooded areas, streams and/or man-made features, which create better breathing and living area between structures. A protective planning tool used today in order to help preserve and create a better environment in which to live and work.
(69) "Ohio R. C. means the Ohio Revised Code.
(70) "Pavement (roadway)" means that portion of a street having a constructed, paved surface for the facilitation of vehicular traffic.
(71) "Peak rate of runoff" means the maximum rate of runoff for any storm.
(72) "Permeability" means the quality of a soil horizon that enables water or air to move through it.
(73) "Planned Unit Development" means an area of land, in which a variety of housing types and/or related commercial facilities are accommodated in a pre-planned environment under are flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, landscaping plans and maintenance procedure
(74) "Planting strip" means the area in a street right of way between the edge of the pavement and the property line. Also known as tree, lawn or park strip.
(75) "Plat" means the map or drawing on which the developer's plan or subdivision is presented to the Commission for approval, whether it be preliminary or final.
(76) "Pollution abatement plan." See Sediment Control Plan.
(77) "Public land" means a parcel of real estate (lot or acreage) which has been established by these regulations within and/or adjacent to a major subdivision for public use. An area of this type is intended to make available to the people, a place which can be developed into the social and economic needs of the community and yet be used as an environmental tool in controlling unplanned urban sprawl, thereby helping to create a better place in which to live and work within the community. Example: subdivision park, wetlands, wooded area, historical, archaeological, geological areas, etc.
(78) "Right of way" means a strip of land acquired or dedicated for use as a public way. In addition to the pavement, it normally incorporates the curbs, planting strips, sidewalks, lighting, and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped area, viaducts and bridges.
(79) "Run-off" means the surface water discharge or rate of discharge of a given watershed after a fall of rain or snow.
(80) "Rural area" means an area which is not highly populated and is normally referred to as the agricultural or farm belt vicinity of the County.
(81) "Seasonal high water table" means the highest level the water table reaches in most years.
(82) "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 wind, gravity, or ice, and has come to rest on the earth's surface either above or below sea level.
(83) "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 the runoff waters.
(84) "Sediment Control Plan" means a written description, acceptable to the approving agency, of methods for controlling sediment pollution from accelerated erosion on a development area and/or from erosion caused by accelerated runoff from a development area. The Commission approves the plan.
(85) "Service street" means a street, parallel and adjacent to an arterial or collector street providing access to abutting properties and protection for motorists who would normally be confronted with a greater, steadier traffic volume on the adjacent arterial or collector street.
(86) "Setback line" means a line established by the subdivision regulations and/or the Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than an accessory building, or structure may be located above the ground, except as may be provided in such codes.
(87) "Sewers, sanitary, central or group" means a wastewater treatment system approved by the appropriate County, State and/or Federal agencies which provides a collection network and a central wastewater treatment facility for a single development, community or region.
(88) "Sewers, sanitary, on-site" means a septic tank or similar installation on an individual lot which utilizes an aerobic or anaerobic bacteriological process or equally satisfactory process for the treatment of sewage and provides for the proper and safe disposal of effluent, subject to the approval of health and sanitation officials having jurisdiction.
(89) "Shrink-swell potential" means the relative change in volume to be expected of soil material with changes in moisture content; that is, the extent to which the soil shrinks as it dries out or swells when it gets wet.
(90) "Sidewalk" means that portion of a street right of way outside the pavement which is improved for the use of pedestrian traffic. Sidewalks could possibly be constructed within other areas of a subdivision as part of an overall approved preliminary plan.
(91) "Slope" means the degree of deviation from the horizontal of the land surface.
(92) "Soil drainage" means the rapidity and extent of the removal of water from a soil, in relation to additions, especially by surface runoff and by flow through the soil.
(93) "Soil erosion" means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
(94) "Soil loss" means soil moved from a given site by the forces of erosion and the redeposit of the soil at another site on land or in a body of water.
(95) "Soil stabilization" means chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.
(96) "Street" means a public way for purposes of vehicular travel, which includes the entire area within the right of way. The term street is usually associated within the urban areas and is commonly referred to as a road in the rural areas.
(97) "Subdivision" means 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.
(98) "Subdivision bond" means a construction guarantee posted by the owner(s) of the land being subdivided for a predetermined amount to insure the proper completion of improvements as requested by the Commission, in order to insure the health, safety and general welfare of the community in general.
(99) "Sub-surface drainage" means the removal of excess water from below the soil surface by means of drain tile, perforated pipe, mole channels or other devices.
(100) "Survey" normally refers to the final plat, replat or the instrument prepared by a registered surveyor which is intended for recording.
(101) "Surveyor" means any person authorized to practice surveying as defined by the Surveyor's Registration Act of the State of Ohio, Ohio R. C. 4733.14.
(102) "Terraces and diversions" means low ridges constructed across the slope to intercept or divert runoff so that it soaks into the soil or flows slowly to a prepared outlet.
(103) "Thoroughfare" means a general term usually used to describe a public way which carries a larger volume of vehicular traffic, other than that normally carried by a local residential street.
(104) "Topsoil" means surface soils or soil material, ordinarily rich in organic matter or humus debris, used to top dress road banks, lawns and gardens.
(105) "Urban area" means a highly populated area of the county, whether it be an unincorporated township or an incorporated community.
(106) "Urban sediment pollution" means the failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of the waters of the State by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for non-farm, commercial, industrial, or other non-farm purposes except lands being used in a strip mine operation as defined in Ohio R. C. 1513.01 and except lands being used in a surface mining operation as defined in Ohio R. C. 1514.01.
(107) "Variance" means the granting of an exception to these regulations where, in the opinion of the Commission, strict adherence would create difficulties and/or hardships (primarily related to individual hardship) or would be impractical (primarily due to some existing geographical or site condition).
(108) "Water table" means the highest part of the soil underlying rock material that is wholly saturated with water. In some places an upper, or perched, water table may be separated from a lower one by a dry zone.
(109) "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(Ord. 88-1. Passed 6-23-88.)