1238.02  DEFINITIONS.
   For purposes of these Subdivision Regulations, certain terms and words used herein shall be interpreted as follows. The present tense includes the future tense, the singular number includes the plural number, and the plural number includes the singular number. The word "shall" is mandatory; the word "may" is permissive. The word "used" or "occupied" includes the words "intended, designed or arranged to be used or occupied". The word "lot" includes the words "plot" and "parcel". The word "building" includes the word "structure".
   (a)   ACCEPTANCE: Formal and intentional acceptance of a right-of-way, easement or improvement by the City for the purpose of public use or other use. (See also, "Dedication".)
   (b)   APPLICANT: An owner or his or her authorized representative.
   (c)   BEST MANAGEMENT PRACTICES (BMPs): Structural and non-structural facilities or activities that control soil erosion and/or storm, water runoff in a subdivision or development site.
   (d)   BIKEWAY: Any right-of-way, easement, or other area which provides for bicycle travel including facilities located in road rights-of-way and facilities in separate and independent corridors.
   (e)   BLOCK: An area of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, lakes or ponds, or municipal boundaries.
   (f)   CITY: The City of Norton, Ohio.
   (g)   CITY COUNCIL or COUNCIL: The City Council of Norton, Ohio.
   (h)   CITY ENGINEER: The City Engineer of the City of Norton or a consulting civil engineer engaged by the City to provide services in administering or enforcing provisions of these Regulations.
   (i)   CONDOMINIUM DEVELOPMENT: A condominium development as defined and regulated by Ohio R.C. 5311. With reference to condominium developments in these Regulations, "unit", except in the case of a water slip, means a part of the condominium property consisting of one or more rooms on one or more floors of a building and designated as a unit in the declaration and delineated on the drawings provided for in Ohio R.C. 5311. Each unit of a condominium property, together with the undivided interest in the common areas and facilities appurtenant to it, is real property for all purposes and is real estate within the meaning of all provisions of the Revised Code.
(ORC 5311.01, 5311.03)
   (j)   CUL-DE-SAC: (See "Street".)
   (k)   DAY: A day shall be a calendar day except as provided in Section 1238.01(n).
   (l)   DEDICATION: An irrevocable offer to dedicate a right-of-way or easement or other  area for public or other use. (See also "Acceptance".)
   (m)   DETENTION BASIN: A permanent facility designed and used for temporary storage of storm water and which generally does not contain water during periods of normal weather. (See also "Retention Basin".)
   (n)   DETENTION FACILITY: Any structure designed to collect and store surface water for subsequent gradual discharge, including but not limited to detention basins and retention basins.
   (o)   DEVELOPMENT AGREEMENT: A written agreement as provided by these Regulations, executed by the City and a subdivider, establishing the conditions under which the approval for and construction of a subdivision shall occur.
   (p)   DIRECTOR OF PLANNING: As used in these Regulations, the Director of Planning of the City of Norton or other person(s) authorized by the City Administrator to act in place of the Director of Planning.
   (q)   DISTRICT or ZONING DISTRICT: An area of the City as defined and established as a district by the Zoning Code.
   (r)   DRAINAGE FACILITY or STORM WATER FACILITY: Any component of the drainage or storm water system.
   (s)   DRAINAGE RIGHT-OF-WAY: The land required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse, for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
   (t)   EASEMENT: A grant by a property owner of the use of a strip or parcel of land required for a right, privilege, or interest which may include the installation and maintenance of utilities and drainage facilities and/or for access to other lands or facilities by public officials or a utility corporation, or to a certain person.
   (u)   ENGINEERING CONSTRUCTION STANDARDS: Rules, standards, guidelines, drawings, plans, references, and other documents which are consistent with the provisions, spirit and intent of these Regulations and of the Zoning Code, and which are approved or required by the City Engineer for the design and installation of improvements in subdivisions or site developments.
   (v)   FLOODPLAIN: Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year. For the purposes of these Regulations, the 100-year floodplain shall be defined by FEMA or a site-specific floodplain delineation in conformance with standard engineering practices and approved by the City.
   (w)   FRONTAGE: The distance for which the front line of a lot and the street right-of-way are coincident.
   (x)   GENERAL DEVELOPMENT PLAN: The General Development Plan which contains a composite of mapped and written proposals recommending the physical development of the City of Norton and which shall have been duly adopted by the Planning Commission and Council. The Plan may also include other plans for specific areas or improvements which have been adopted.
   (y)   IMPROVEMENTS: Roads, sidewalks, crosswalks, water mains, sanitary and storm sewers, culverts, bridges, grading, street trees and other forms of construction in a subdivision as regulated or required by these Regulations.
   (z)   INTERSECTION: The area at which the rights-of-way of two or more streets meet.
   (aa)   LOT: A parcel or portion of land separated from other parcels or portions of land by description, as on a subdivision of record or survey map or by metes-and-bounds, for purposes of sale, lease or separate use, in conformity with the requirements of the Zoning Code.
      (1)   LOT, CORNER: A lot abutting two or more streets at their intersection, provided that the rights-of-way of the streets do not form an interior angle of greater than 135 degrees.
      (2)   LOT DEPTH: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear.
      (3)   LOT WIDTH: The horizontal distance between the side lot lines of a lot, measured at right angles to the depth of the lot along a straight line parallel to the front lot line at a minimum required building setback line.
   (bb)   MAINTENANCE GUARANTEE: Any security, such as a bond, accepted to ensure the maintenance and repair of improvements for a period of time after release of a performance guarantee.
   (cc)   MONUMENT: A survey marker used to mark a street intersection, a start or end of a curve, a sublot corner, an allotment corner, original lot corner, section corner.
   (dd)   NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES): A storm water discharge permit administered by the Ohio Environmental Protection Agency (OEPA).
   (ee)   OFFICIAL MAP: A map adopted, according to law, which designates the land use plan as proposed in the General Development Plan, as revised and adopted by the Planning Commission and Council.
   (ff)   OWNER: Any individual, firm, association, syndicate, co-partnership or trust, or any other legal entity, commencing proceedings under these Subdivision Regulations to effect a subdivision of land hereunder for himself or herself or itself or for another and having a proprietary or authorized interest in the land sought to be subdivided.
   (gg)   PERFORMANCE GUARANTEE: Any security, such as performance bonds, escrow agreements and other similar collateral security accepted as a guarantee of completion of the physical improvements of a subdivision.
   (hh)   PERSON: Includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
   (ii)   PLANNING COMMISSION or COMMISSION: The Planning Commission of the City of Norton.
   (jj)   PLAT: A map of a subdivision.
      (1)   FINAL PLAT: The final map of all or a portion of a subdivision which is presented for final approval in accordance with these Regulations.
      (2)   PRELIMINARY PLAT: A preliminary map indicating the proposed layout of a subdivision, which map is submitted for consideration and approval, and meeting the requirements of Sections 1234.03 and 1234.05.
      (3)   RESUBDIVISION: A new or different division of a lot, tract or parcel of land that has been previously subdivided.
      (4)   SKETCH PLAT: A sketch map of a subdivision of sufficient accuracy to be used for the purposes of discussion.
   (kk)   RESERVE STRIP: A strip of land parallel to and abutting a road, easement, or other land controlling the means of access onto property.
   (ll)   RETENTION FACILITY: A permanent facility which contains a permanent pool of water and which is designed and used for temporary storage of additional storm water. (See also "Detention Facility".)
   (mm)   RIGHT-OF-WAY: A strip of land used or intended to be used by the City, Summit County, State of Ohio, or the federal government for the purposes of public vehicular, pedestrian, or bicycle movement and other purposes. The right-of-way is bound by right-of-way lines.
   (nn)   RIPARIAN SETBACK: Those areas of the City as defined by the Zoning Code.
   (oo)   SETBACK LINE: As provided in the Zoning Code, the line which is the required minimum distance from a lot line and which establishes the area of a lot on which a structure or use may be located.
   (pp)   SOLICITOR (LAW DIRECTOR): The Solicitor or Law Director of the City of Norton.
   (qq)   STORM WATER: Water that results from precipitation which is not absorbed by the soil or vegetation or evaporated and which flows over the ground surface or is collected in channels or conduits.
   (rr)   STORM WATER POLLUTION PREVENTION PLAN (SWPPP): The plan, required as part of the Improvement plans for a subdivision, which provides for methods of preventing or reducing pollution of surface water.
   (ss)   STREET: Any street, avenue, boulevard, road, lane, viaduct, alley or other way which is an existing State, County or City roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the County Recorder prior to the appointment of the Planning Commission and the grant to such Commission of the power to review plats, including the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purposes of these Subdivision Regulations, streets shall be classified as follows:
      (1)   ALLEYS are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
      (2)   ARTERIAL STREETS are those which are used primarily for heavy local and through traffic.
      (3)   COLLECTOR STREETS are those which carry traffic from minor streets to arterial streets or highways.
      (4)   CONTROLLED ACCESS HIGHWAYS are those which are used by heavy through traffic and which permit no access from abutting property.
      (5)   CUL-DE-SACS are minor streets which dead end and are provided at the closed end with a turnaround of diameter to permit vehicular traffic to make a complete non-stop, 360-degree turn.
      (6)   HIGHWAYS are those which are used primarily for fast or heavy through traffic.
      (7)   MARGINAL ACCESS STREETS are those which are parallel or adjacent to highways and which provide access to abutting properties and protection from through traffic.
      (8)   MINOR STREETS are those which are used primarily for access to abutting properties.
      (9)   PRIVATE STREETS are those streets which have not been accepted and confirmed for public use by the Council of Norton.
   (tt)   SUBDIVIDER: Any person, including any agent of the subdivider, dividing or proposing to divide land so as to constitute a subdivision as herein defined. "Subdivider" also means a person, including any agent of the subdivider, who undertakes improvements or proposes improvements in a subdivision which is governed by these Regulations.
   (uu)   SUBDIVISION: A division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development, except that the following divisions shall not be considered subdivisions, provided, however, that no new streets or roads are involved: divisions of property by testamentary or intestate provisions or divisions of property upon court order. "Subdivision" also includes resubdivision, and, where appropriate to the context, relates to the process of subdividing the land or territory divided.
      (1)   MAJOR SUBDIVISION: A subdivision which involves the opening, widening, or extension of any public road; or which results in more than five lots.
      (2)   MINOR SUBDIVISION: A subdivision containing not more than five lots, fronting on an existing dedicated improved street, not involving any new street or road or the extension of City facilities, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the General Development Plan or Official Map.
      (3)   NONCONFORMING SUBDIVISION: A subdivision containing or involving a nonconforming use, area, yard or building, or other limited differences.
   (vv)   SUMMIT COUNTY SUBDIVISION REGULATIONS: The Summit County Subdivision Regulations enacted by the Summit County Council.
   (ww)   WALKWAY: Any right-of-way, easement, or other area which provides for pedestrian travel including facilities within street rights-of-way and facilities along separate and independent corridors.
   (xx)   WATERCOURSE: A natural, perennial or intermittent, public stream, river or brook (but not an ephemeral stream) with a defined bed and bank that is contained within, flows through, or borders the City.
      (1)   "Intermittent stream" means a natural watercourse that may have some water in pools but where surface flows are non-existent or interstitial for periods of one week or more during typical summer months.
      (2)   "Perennial stream" means a natural watercourse that contains water throughout the year except possibly during periods of extreme drought.
   (yy)   WETLAND: An area inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
      (1)   "Category 2 Wetland" means a wetland classified by the Ohio Environmental Protection Agency as Category 2 wetland under OAC3745-1-54(C)(2), in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA.
      (2)   "Category 3 Wetland" means a wetland classified by the Ohio Environmental Protection Agency as Category 3 wetland under OAC3745-1-54(C)(3), in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA.
   (zz)   WETLAND SETBACK AREA: An area of the City defined by the criteria set forth in the Zoning Code.
   (aaa)   ZONING CODE: The Zoning Code of the City of Norton.
(Ord. 2-2004. Passed 2-23-04.)