As used in these Subdivision Regulations:
(1) "Accessory building" means any structure, excluding a fence or public improvement which is not an integral part of the principal building located upon a lot.
(2) "Applicant" means the owner of land proposed to be subdivided, or his representative. Consent shall be required from the legal owner of the premises to such representative.
(3) "Block" means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines of waterways, or the boundary lines of the Municipality.
(4) "Building" means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any structure.
(5) "Clerk" means the Clerk of Council of the Municipality of Newton Falls, Ohio.
(6) "City" means the Municipality of Newton Falls, Ohio.
(7) "City Manager" means the City Manager of the Municipality of Newton Falls, Ohio.
(8) "Commission" means the Planning Commission of the Municipality of Newton Falls, Ohio.
(9) "Condominium" means a multi-family dwelling in which dwelling units are purchased individually as pieces of real estate and separately valued for property tax purposes.
(10) "Council" means the City Council of the Municipality of Newton Falls, Ohio.
(11) "County" means Trumbull County, State of Ohio.
(12) "Density" means a degree of measurement; the number of dwelling units per acre of land.
A. Gross Density. The number of dwelling units per acre of the total land to be developed.
B. Net Density. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses. Excludes land devoted to public improvement and any portion of the parcel, which in the judgment of the City Engineer, is not buildable for any reason.
(13) "Developer" means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these Regulations to affect a subdivision of land. Consent shall be required from the legal owner of the premises to the developer.
(14) "Duplex" means a building containing two dwelling units with at least one common wall.
(15) "Dwelling unit" means space, within a building, comprising living, dining, sleep 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.
(16) "Easement" means written authorization by a property owner for the use of such owner's property by another; authorization shall be for a specified purpose and shall relate to any portion or portions of such property.
(17) "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14. Where the City Engineer is referred to, it shall be an engineer designated by Council to act in behalf of the City.
(18) "Escrow" means a deposit of cash, bond, or other written agreement deposited with a third person, by whom it is delivered to a grantee or promisee on the fulfillment of a specified condition.
(19) "Final plat" means the final map or drawing prescribed in these Regulations, on which the subdivider's plan of subdivision is presented to the Commission for approval and which, if approved, is submitted to the County Recorder of deeds for filing.
(20) "Flood plain" means that portion of a river or creek valley adjacent to the river or creek channel so designated by the U.S. Corps of Engineers or other appropriate federal agency as the intermediate regional flood (100 year) plain.
(Ord. 94-28. Passed 12-7-94.)
(20.1) “Front yard definition on corner lots” means the yard extending between side lot lines across the front of the lot and from the street right-of-way line to the front of the principal building. Corner lots, as defined in Section 1103.02(27)A., have two (2) front yards and the area of each front yard is defined by using the alternate front yard as a side lot.
(21) "Frontage" means the distance between the side lot lines measured along a public or private road, except in the case of a cul-de-sac or other curved street where frontage shall be required measured along all adjacent roadways. Therefore, properties may have more than one front yard by definition.
(Ord. 2017-21. Passed 12-11-17.)
(22) "Grade" means the slope expressed in a percent which indicates the rate of change of elevation in feet per 100 feet.
(23) "Location map" means a drawing at a reduced scale located on the plat, which shows legibly, by dimension and/or other means enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision within the City and the relationship of the site to the community facilities which serve or influence the property.
(24) "Lot" means a tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose of transfer of ownership or for building development.
(25) "Lot, minimum area of" means the area of a lot is computed exclusive of any portion of the right-of-way of any public or private thoroughfare.
(26) "Lot measurement" means a lot which shall be measured as follows:
A. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and rearmost points of the side lot lines in the rear.
B. 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 set back line, provided that the width between side lot lines at their foremost points (where they intersect with the street right-of-way line) shall not be less than eighty percent (80%) of the required lot width.
C. Should the configuration of a lot be of such a nature that subsections (a)(26)A. or B. hereof cannot be easily applied, the Planning Commission shall determine the lot's depth and width.
(27) "Lot types" means terminology used in these regulations with reference to types of lots (refer to Section 1111.16) which is as follows:
A. Corner lot means a lot situated at the intersection of two streets, the internal angle of such intersection not exceeding 135 degrees.
B. An interior lot means a lot other than a corner lot with only one frontage on a street.
C. A through lot means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
D. A reversed frontage lot means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(28) "Major subdivision" means all subdivisions not classified as minor subdivisions, including but not limited to subdivisions of six or more lots; any size subdivision requiring any new street or extension of the Municipal facilities, or the creation of any public improvements. Any subdivision of parcels in a commercial or industrial zone classification shall be a major subdivision, except if the application is submitted by a property owner whose sole purpose of the subdivision is to make the real estate marketable and not for direct development, then such application would then be considered a minor subdivision.
(Ord. 89-28. Passed 8-17-89.)
(29) "Major thoroughfare plan" means the officially adopted plan designating a system of arterial, collector, or local street for traffic innercommunication.
(30) "Master Plan" means the Comprehensive Plan for development adopted by the Council, pursuant to State law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
(31) "Minor subdivision" means any subdivision containing, after the original tract has been subdivided not more than five lots fronting on an existing street; not involving the construction of any new street or road, or the extension of municipal facilities, or the creation of any public improvement; not adversely affecting the remainder of the parcel of adjoining property, not in conflict with any provision or portion of the Master Plan, Zoning Ordinance, or these Regulations.
(32) "Monuments" mean permanent concrete or iron markers used to establish all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment as prescribed by the Ohio Revised Code.
(33) "Multi-family building" means a building containing three or more dwelling units.
(34) "Open space" means an area open to the sky which may be on the same lot with the building. The area may include, along with the natural environmental features of the land, swimming pools, tennis courts, and any other recreational facility that the Planning Commission deems permissive. Streets, structures for habitation or storage, and the like shall not be included.
(35) "Owner" means any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these Regulations.
(36) "Parcel" means an area of land.
(37) "Parking space, off street" means an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside any street or alley right-of-way.
(38) "Performance bond" means a written agreement by a developer with the City guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by these Regulations. The written agreement shall be for the amount of the estimated construction cost. Such agreement shall be approved as to form by the City Law Director.
(39) "Planned unit development" means an area of land, in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a planned environment under more flexible standards than those restrictions that normally apply under the Regulations.
(40) "Preliminary plat" means the preliminary drawing or drawings, described in these Regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
(41) "Principal building" means a structure in which is conducted the primary use of the parcel on which it is situated.
(42) "Private drive" means a nondedicated entrance to a lot, or an interior circulation driveway within a lot, not itself a public right-of-way.
(43) "Public improvements" means a drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or any other facility for which the City may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which responsibility is established with the City. All such improvements shall be properly bonded.
(44) "Registered professional engineer" means a person properly licensed and registered to practice engineering in the State pursuant to Ohio law.
(45) "Registered land surveyor" means a person properly licensed and registered to practice surveying in the State under Ohio law.
(46) "Right-of-way" means a strip of land occupied or intended to be occupied by a public improvement. The usage of the term "right-of-way" for land partitioning purposes shall mean that right-of-way hereafter established and shown on a final plat to be separate and distinct from lots or parcels adjoining such rights-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for public facility use involving maintenance by the City shall be dedicated to public use by the maker of the plat or other instrument by which the right-of-way is established.
(47) "Reserves" means parcels of land within a subdivision that are intended for future use other than residential.
(48) "Sale or lease" means any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument.
(49) "Setback" means a line indicating the minimum distance between the street right-of-way line and buildings, or any projection thereof other than steps.
(50) "Screening" means either a strip of at least ten feet wide, densely planted with shrubs or trees at least four feet high at time of planting, of a type that will form a year round dense screen at least six feet high; or an opaque wall or barrier or uniform painted fence approved by the Planning Commission. Either shall be maintained in good condition at all times. Where required by the Commission, the screen shall be installed along or within the lines of a plot as protection to adjoining or nearby properties.
(51) "Shade tree" means a tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these Regulations.
(52) "Sidewalk" means that portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic.
(53) "Site plan" means a sketch preparatory to the preparation of the preliminary plat to enable the subdivider to save time and expense in reaching general agreement with the Commission as to the form of the plat and the objectives of these Regulations.
(54) "Structure" means a combination of materials, including among others, stadia, gospel, and circus tents, reviewing stands, platforms, staging, observation towers, radio towers, billboards, sheds, coal bins, fences and display signs. The term "structure" shall be construed as if followed by the words "or part thereof". The distinction between the "structure" and "building" should be noted. "Structure" is for the broader term; "building" is a restricted form of "structure".
(55) "Subdivision" means:
A. Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, or interest for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision; or
B. The improvement of one or more parcels of land for residential, commercial, or industrial structure or group 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 or common use by owners, occupants or lease holders; or as easements for the extension and maintenance of public facilities.
(56) "Thoroughfare, street, or road" means the full width between boundary lines abutting any public-way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
A. "Alley" means a public or private right-of-way used primarily for vehicular service access to the back or side of properties whose principal frontage is on another street.
B. "Arterial street" means a general term denoting the highway primarily for through traffic carrying heavy loads and large volume of traffic, usually on a continuous route.
C. "Collector street" means a thoroughfare 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 and circular route within residential subdivisions.
D. "Cul-de-sac" means a local street of relatively short length one end open to traffic, the other end terminating in a vehicular turn around.
E. "Dead-end street" means a street temporarily having only one outlet to vehicular traffic intended to be extended or continued in the future.
F. "Local street" means a street used primarily for providing access to residential, commercial, or other abutting property.
G. "Loop street" means a type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of 180 degrees system of turns or not more than 1,000 feet from such arterial or collector street, nor normally more than 600 feet from each other.
(57) "Variance" means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant or developer, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(58) "Water shed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(59) "Yard" means the required open space other than a court not occupied and unobstructed by any structure or portion of a structure. (Parking lots, driveways).
A. "Front yard" means the yard extending between side lot lines across the front of the lot and from the street right-of-way line to the front of the principal building.
B. "Rear yard" means the yard extending between the side lot lines across the rear of the lot and from the rear lot line to the rear of the principal building.
C. "Side yard" means the yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing front and rear yards.