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(a) Rules of Construction. Words in these Regulations are normally used in their ordinary English usage. Certain terms are, however, defined in this section, and wherever such terms are used in these Regulations they shall have the meanings set forth in this section, except where the context clearly indicates a different meaning. All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
(b) General Terms.
(1) The word "shall" is to be interpreted as mandatory and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is to be interpreted as expressing that the application of the criterion or standard is desired and essential unless commensurate criteria or standards are achieved.
(2) The phrase "used for" shall include "arranged for," "designed for," "intended for," "maintained for" or "occupied for."
(3) "City" and "Municipality" refer to the City of North Royalton, Ohio.
(4) "Clerk" means the duly acting and qualified Clerk of the City of North Royalton.
(5) "Commission" means the City Planning Commission of North Royalton.
(6) "Commissioner" means the Building Commissioner of the City of North Royalton.
(7) "Council" means the legislative body of the City of North Royalton.
(8) "County" means the County of Cuyahoga, Ohio.
(9) "Criterion" means a principle by which the planning of a development area shall be guided.
(10) "Developer" means a person and all his assistants, employees and consultants commencing proceedings under these Regulations effecting the development of land for himself, for herself or any other legal entity.
(11) "Engineer" means the Engineer of the City of North Royalton.
(12) "Finance Director" means the duly acting Finance Director of the City of North Royalton.
(13) "Person" means an individual, firm, association, corporation, trust or any other legal entity, including his, her or its agents.
(14) "Regulations" means the Subdivision Regulations of the City of North Royalton.
(15) "Standard" means a test, measure, model or example of quantity, extent or quality.
(1) "Established street grade" means elevations established by the Engineer at the roadway, at the centerline or at the curb in front of a lot.
(2) "Finished grade" means the elevation of a finished surface of ground adjoining a building after final grading and normal settlement.
(3) "Natural grade" means the elevation of the undisturbed natural surface of ground prior to any excavation or fill.
(d) Lot, Parcel and Land.
(1) "Area of lot" means the total useable horizontal area within the boundary lines of a lot.
(2) "Building line" means a line established by the Zoning Code, generally parallel with and measured from the front lot line, defining the limits of a front yard, in which no building or structure may be located above ground except as may be provided in the Zoning Code.
(3) "Common land" means land in a subdivision or development area not owned as private land or occupied by dwellings, created for common usage by restrictions, easement, covenants or other conditions running with the land, and held for the use and enjoyment by or for the owners or occupants of the dwellings in the subdivision or development area.
(4) "Corner lot" means a lot abutting on two streets at their intersection, if the interior angle or intersection is not more than 135 degrees.
(5) "Front lot line" means the lot line separating an interior lot from the street upon which it abuts, or the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, the term "front lot line" shall be construed as synonymous with "street line".
(6) "Homeowners association" means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member, and providing that each lot is subject to charges for a proportionate share of the expenses for the organizations activities, such as maintaining the common property.
(7) "Lot" means a division of land separated from other divisions for purpose of sale, lease or separate use, described on a recorded subdivision plat or recorded survey map or by metes and bounds.
(8) "Lot Depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.
(9) "Lot line" means the boundary of a lot separating it from adjoining public, common or private land, including a public street.
(10) "Lot of record" means land designated as a separate parcel on a plat map or deed in the records of Cuyahoga County, Ohio.
(11) "Lot width" means the horizontal distance of a lot measured along the building line at a right angle to the mean lot depth line. Width at the front lot line is measured along the street line.
(12) "Private land" means land in a subdivision or development area which shall be adjoining, attached and assigned to a one-family, two-family or townhouse dwelling, to be held as an open space in ownership with the dwelling in the subdivision or development area, and which shall be identified as such on subdivision and development plans submitted to the City.
(13) "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line. If no such line exists, the rear lot line shall be deemed to be a line parallel to the front lot line not less than twenty feet long lying wholly within the lot at the greatest distance from the front lot line.
(14) "Side lot line" means a lot line which is neither a front nor a rear lot line.
(e) Maps, Plans and Plats.
(1) "Final plat" means the final plat for record prepared by a developer based upon the conditionally approved preliminary plat of a proposed subdivision.
(2) "Map" means a drawing showing geographic, topographic or other physical features of land.
(3) "Master Plan" means the plan and statement of objectives and recommendations prepared by or for the Council and Planning Commission and adopted by them, indicating the general location and extent of desirable future land development, community facilities and street plans for the City of North Royalton.
(4) "Official map" means any zoning map adopted by Council, together with modifications thereof or amendments thereto, and any map prepared by or for the Planning Commission and adopted by Council, which shows the accurate location of the lines of existing streets, streets shown on adopted mapped-street plats, streets shown on lawfully recorded subdivision plats, existing public open spaces and proposed streets and public open spaces which are in conformity with the Master Plan.
(5) "Plan" means a drawing of a proposed design or of work to be performed.
(6) "Plat" means a map of a lot, parcel, subdivision or development area on which the lines of each element are shown by accurate distances and bearings.
(7) "Preliminary plat" means a drawing prepared by a developer, which may include explanatory exhibits and text, submitted to the designated authority for the purpose of obtaining conditional approval for a proposed subdivision of land, which, if approved by the Planning Commission, provides the basis for proceeding with the preparation of the final plat of a subdivision.
(8) "Sketch plan" means a simple sketch of the proposed layout of streets, lots and other features of a proposed subdivision in relation to existing conditions, including topography, prepared by the developer and submitted to the Planning Commission for the purpose of obtaining the Commission's advice and assistance before preparation of the preliminary plat.
(f) Minimum Standards and Improvements
(1) "Improvements" means street pavements, with or without curbs or gutters, sidewalks, water mains and appurtenances related thereto, sanitary and storm sewers and appurtenances related thereto, street trees and other appropriate items.
(2) "Minimum standards" means the details of construction design and specifications, including construction methods and materials and design criteria, approved by the Planning Commission and adopted by separate ordinance by the Council, which are required for all improvements, including storm sewers and other drainage facilities, sanitary sewers, pavement, curbing, gutters, headwalls, culverts, sidewalks and appurtenances to each, constructed and installed in any public or private place in the Municipality.
(g) Streets. "Street" means a public way for purposes of vehicular travel, including the entire area within the right of way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Streets shall be classified and further defined as follows:
(1) "Collector street" means a street located outside or bounding neighborhoods supplementary to and connecting the major arterial street system to local collector streets.
(2) "Driveway" and "access drive" mean a paved area providing ingress and egress for vehicles to and from private property and a public right of way.
(3) "Easement" means the right of a person to use common land or private land owned by another for a specific purpose.
(4) "Freeway" means a divided arterial highway for through traffic to which access from abutting properties is prohibited and all street crossings of which are made by grade-separated intersections.
(5) "Industrial street" means a street designed and constructed to serve both truck and bus movements within an industrial area. Abutting property will have free access to such streets, and on-street parking and loading are prohibited on such streets.
(6) "Local collector street" means a street which collects internal traffic movements within a large subdivision or neighborhood and connects such areas with the collector and/or arterial street system.
(7) "Local street" means a street primarily for access to abutting residential properties and to serve local needs.
A. "Alley" means a public right of way which affords only secondary means of access to abutting property and which is not intended for general traffic circulation.
B. "Cul-de-sac" means a street, one end of which connects with another street and the other end of which is a dead-end which allows space for turning of vehicles.
C. "Marginal access street" means a local street providing access to lots which abut or are adjacent to a limited access highway or major street.
(8) "Major arterial street" means a public street which is primarily for moving fast or heavy traffic between large or intensively developed districts.
(9) "Pedestrian way" means a public or private right-of-way solely for pedestrian circulation.
(10) "Private street" means a street held in private ownership.
(11) "Right of way" means all of the land included within an area which is dedicated, reserved by deed, or granted by easement for street purposes.
(12) "Sidewalk" means that portion of the street right-of-way, outside the roadway not including tree lawn or planting strip which is paved for use by pedestrians.
(13) "Street line" means the street right-of-way line.
(h) Subdivision. "Subdivision" means:
(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; and
(2) The improvement of one or more parcels of land for residential, commercial or industrial purposes 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.
(Ord. 1970-232. Passed 9-15-71.)
(3) Classification and Determination of Subdivision Type. There are two basic types of subdivisions:
A. Minor. The City Engineer shall determine that a proposed subdivision of land is a minor subdivision if the proposed division of a parcel of land is along an existing public street, does not involve the opening, widening or extension of any street or road and does not involve more than five lots after the original tract has been completely subdivided.
B. Major. A major subdivision is any subdivision that does not meet the requirements of a minor subdivision.
(Ord. 98-114. Passed 9-1-98.)