(1) "Agent" means the representative of the applicant. The authority of the representative shall be established to the satisfaction of the Zoning Inspector.
(2) "Alley" or "Lane" means a public or private way not more than thirty feet wide affording only secondary means of access to abutting property.
(3) "ANSI" means American National Standards Institute.
(4) "Applicant" means the owner or authorized representative of land proposed to be subdivided. The authority of the representative shall be established to the satisfaction of the Zoning Inspector. Consent to subdivide shall be required from the legal owner of the premises.
(5) "Architect" means an architect registered by the State of Ohio.
(6) "Arterial street". See "Streets".
(7) "As built plans" means plans that have been revised to incorporate all changes that occurred during construction of the project, on matte mylar material.
(8) "ASTM" means American Society of Testing and Materials
(9) "AWWA" means American Water Works Association.
(10) “Base flood” means the flood having a one percent (1%) chance of being equaled or exceeded in any given year.
(11) "Block" means all that part of one side of a street between two intersecting streets.
(12) "Bond" means any form of security including cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to Council.
(13) "Buffer" means a strip of land, fence, or border of trees, etc., between one use and another, which may or may not have trees and shrubs planted for screening purposes, designed to set apart one use area from another.
(14) "Building" means any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows, or similar openings.
(15) “Commission” means the Planning and Zoning Commission of the Village of Obetz, Ohio.
(16) "Caliper" means the diameter of a tree as measured approximately four feet above the ground.
(17) "Certificate of deposit" means a certificate held on deposit by a financial institution for Obetz until such time as the subdivider has fulfilled his obligation to install the required improvements.
(18) "Clerk" means the Clerk of Council of Obetz, Ohio.
(19) "Collector street". See "Streets".
(20) “Comprehensive Plan” means a plan, or any portion thereof, adopted by the Planning and Zoning Commission and/or Council showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools, and other community facilities. This plan establishes the goals, objectives and policies of the community.
(21) “Concept Plan” means written and graphic documents that indicate in a conceptual form the proposed land uses and their overall impact on the subject tract and surrounding tracts.
(22) "Construction Plans" means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in a subdivision.
(23) "Council" means the Council of Obetz, Ohio.
(24) "County" means Franklin County, Ohio.
(25) "Cut sheets" means tabular survey information used for the purpose of construction layout staking.
(26) "Density" means the number of dwelling units per unit of land. To determine density divide the total number of dwelling units by the net developable site as measured in acres. (See definition of "net developable site".)
(27) “Developer” means a person who installs or contracts for the installation of improvements such as sewers, streets and water mains in a residential, office, commercial, or industrial development.
(28) "Development" means any man-made change to improved or unimproved real estate.
(29) "Easement" means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
(30) "Engineer, Registered" means an engineer duly registered by the State of Ohio.
(31) "Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep and/or detachment and movement of soil or rock fragments by wind, water, ice, or gravity.
(32) "Escrow" means a deposit of cash with Obetz in lieu of an amount required and still in force on a performance or maintenance bond.
(33) "Escrow fund" means cash placed by the subdivider in an account to be held by a financial institution in favor of the Municipality to guarantee the installation of improvements according to the provisions of the Subdivision Regulations.
(34) "Excavation" means the removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged, whether by mechanical or manual means.
(35) "Fire Chief" means the Fire Chief of the appropriate Township Fire Department.
(36) “Flood Plain” means the land, including the floodway fringe and the floodway, subject to inundation by the regional flood.
(37) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-half foot.
(38) “Floodway fringe” means that portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.
(39) "Frontage" means that portion of a lot abutting on a dedicated right-of-way.
(40) "Grade" means the slope of any surface specified in percentage terms.
(41) "Grade, established street" means the elevation of the street, established by the Municipal Engineer, measured at the center line of the street.
(42) "Grade, finished" means the elevation of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping, and any other improvements.
(43) "Grade, natural" means the elevation of the undisturbed surface of any land.
(44) "Hillside" means an area with an average slope of more than fifteen percent (15%).
(45) "IES" means Illuminating Engineering Society.
(46) "Improvement, public" means any drainage ditch, roadway, parkway, sidewalks, pedestrian way, tree lawn, off-street parking area, lot improvement, or other facility for which Obetz may ultimately assume the responsibility for operation and maintenance or which may effect an improvement for which Obetz is responsible.
(47) "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, grading, and other related matters normally associated with development of raw land into building sites.
(48) "In-lieu fees" means fees paid by a private individual or party to Obetz to compensate for the mandatory dedication provisions of the Obetz Zoning Code when said land dedication is waived by Council.
(49) "Inspection fee" means the cost to the Municipality of supervising construction, to be paid by the developer.
(50) "Landscape architect" means a landscape architect registered by the State of Ohio.
(51) "Law Director" means the Law Director of Obetz, Ohio.
(52) "Letter of Credit" means an irrevocable letter of credit issued by a bank in the Central Ohio area, subject to the provisions of Chapter 1305 of the Ohio Revised Code.
(53) “Lot” means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
(54) "Lot, corner" means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
(55) "Lot, double frontage" means a lot which fronts upon two parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.
(56) "Lot improvement" means any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
(57) "Lot, interior" means a lot with only one frontage on a street.
(58) "Lot, irregular" means a lot that is neither square nor rectangular.
(59) "Lot, minimum area" means the area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
(60) "Lot of record" means a lot which is part of a subdivision recorded in the Office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been recorded.
(61) "Lot, reverse frontage" means a double frontage lot located along a collector or arterial that derives access from an interior local street.
(62) "Mandatory land dedication" means the required dedication of private land to Obetz for the purpose of providing space for park, recreation, open space and other public uses.
(63) "Map index" means a map supplied with street improvement plans showing the street and storm system at a scale of 1" = 200'.
(64) "Map location" means a map supplied with the plat that shows legibly, by dimension and/or other means, the proposed subdivision and enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision and show the relationship of the site to the community facilities that serve or influence the property, at a scale of 1" = 1,000'.
(65) "Mayor" means the Mayor of Obetz, Ohio.
(66) "MORPC" means Mid-Ohio Regional Planning Commission.
(67) “Municipal Engineer” means the Engineer of the Village of Obetz duly registered in the State of Ohio.
(68) “Net developable acres” means the land area within a subdivision excluding the minimum open space requirements, all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, retention and detention areas and all other dedicated right-of-way.
(69) "Net developable site" means the remainder of a parcel of land following the subtraction of all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated right-of-ways.
(70) "No build zone" means an area or portion of a lot that is designated by deed not to contain any buildings, structures or other built improvement on a permanent basis.
(71) "O.D.O.T. or ODOT" means Ohio Department of Transportation.
(72) "OEPA" means Ohio Environmental Protection Agency.
(73) "Official Thoroughfare Plan" means the system of streets for the Municipality adopted by the Municipality, on file in the Municipality Clerk's office, together with all amendments thereto subsequently adopted.
(74) "Off-site" means any premises not located within the area of the property to be subdivided or improved, whether or not in the same ownership of the applicant for subdivision.
(75) "Performance and indemnity bond or surety bond" means an agreement by and between a subdivider and a bonding company in favor of Obetz for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by subdivider's agreement. (See Appendix.)
(76) “Planning and Zoning Commission” means the body of five members created by the Municipality in compliance with the Ohio Revised Code to administer planning and land use regulations and provide recommendations on a wide array of land use and land use policy issues.
(77) "Plan, improvement" means detailed construction drawings, maps, and other materials depicting a proposed subdivision meeting the requirements of this document.
(78) "Plan, sketch" means a drawing of a proposed subdivision intended to be used as a general indicator of how the proposed area may be subdivided, as per this document.
(79) "Plat" means a map representing a tract of land, showing the boundaries and location of individual properties and streets. A portable structure map of a subdivision or site plan.
(80) "Plat, final" means the plat of a proposed subdivision, drawn on durable material as specified in this document and intended for recording, meeting all the requirements as herein enumerated.
(81) “Regional Planning Commission” means the Mid-Ohio Regional Planning Commission (MORPC) or its designated representative.
(82) "Reserves" means parcels of land within a subdivision set aside for future subdivision or set aside for other purposes, as noted on the plat.
(83) “Retention basin” means a wet or dry stormwater holding area, either natural or manmade, which does not have an outlet to adjoining watercourses or wetlands other than an emergency spillway.
(84) “Right-of-way” means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement now or hereafter held by the Municipality.
(85) "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 surface water, and has come to rest on the earth's surface above or below ground level.
(86) "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 run-off waters.
(87) "Setback" means the minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
(a) “Setback, Front” means the minimum allowable distance from the street right-of-way line to the closest pint of the foundation of a building or projection thereof, parking lot, or detention pond.
(b) "Setback, Platted" means the minimum distance between the building and the right-of-way, rear lot line, and/or side lot line as required by the Zoning Code and shown on the recorded plat of the subdivision.
(c) “Setback, Rear” means the shortest distance between the building line and the rear lot line.
(d) “Setback, Side” means the shortest distance between the building line and the side lot line.
(88) "Setback line" means the distance measured perpendicularly from either the front, side, or rear property line of the building.
(89) "Solicitor" means the Law Director or Solicitor of Obetz, Ohio.
(90) “Storm Water Design Manual” means the MORPC Storm Water Management Guidelines as well as any additional guidelines adopted by the Municipality.
(91) "Street" means any vehicular way which: (1) Is an existing state, county, municipal or village roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the Franklin County Recorder prior to the appointment of the Planning and Zoning Commission and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved.
(92) "Street, collector" means a street which collects traffic from local streets and connects with minor and major arterial.
(93) "Street, cul-de-sac" means a local street having only one outlet and a paved terminal for safe and convenient reversal of traffic movement.
(94) "Street, dead end" means a local street having only one outlet without a safe and convenient means for reversal of traffic.
(95) "Street, industrial" means a street intended to provide access to other streets from industrial properties, generally being a volume of traffic that includes a relatively large amount of vehicles other than passenger automobiles.
(96) "Street, local" means a street designed to provide vehicular access to abutting property and to discourage through traffic.
(97) "Street, major arterial" means a street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from minor arterial.
(98) "Street, minor arterial" means a street with access controls, signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
(99) "Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground.
(100) "Subdivider". See "Applicant".
(101) "Subdivider's Agreement" means an agreement by and between a subdivider and Obetz that sets forth the manner in which the subdivider agrees to proceed with the construction of public improvements and the disposition of lots in the subject subdivision.
(102) "Subdivision" means any or all of the following:
(a) 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, 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; or
(b) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures 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.
(103) "Subdivision, Minor" means any subdivision that does not result in the creation of more than five lots our of a single tract or does not require the construction of new streets, roads, public water or sewer facilities, sidewalks or similar facilities.
(104) "Surety" means a certificate of deposit, performance bond, irrevocable letter of credit or cash escrow account in favor of the Municipality designed to guarantee the construction of required improvements.
(105) "Surveyor" means a surveyor registered by the State of Ohio.
(106) “Tree” means any self-supported, woody plant of a species which normally grows to an overall height of thirteen (13’) feet or more, including coniferous and deciduous trees.
(107) "Tree, large" means any tree species having a trunk diameter of six inches or more as measured four feet from the ground.
(108) "Tree Lawn" means that part of a street right-of-way not covered by sidewalk or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic.
(109) "Tree, significant" means any individual tree that is of cultural, historical, biological, or horticultural value as determined by Council with the advice of the Planning and Zoning Commission or Landmark Commission.
(110) "Utilities Superintendent" means the Utilities Superintendent of Obetz, Ohio.
(111) " Municipality” means the Municipality of Obetz, Ohio.
(112) " Municipal Clerk" means the Municipal Clerk of Council of Obetz, Ohio.
(113) " Municipal Council" means the Municipal Council of Obetz, Ohio.
(114) "Zoning Code" means the Zoning Code of Obetz, Ohio.
(Ord. 38-04. Passed 10-11-04.)