1105.02 DEFINITIONS.
   (1)   "Acre" means a measure of land equating to 43,560 square feet.
   (2)   "Agent" means the representative of the applicant. The authority of the representative shall be established to the satisfaction of the Zoning Inspector.
   (3)   "Alley" means a public or private right-of-way 20 feet or less in width, which affords only a secondary means of access to property abutting thereon.
   (4)   "ANSI" means the American National Standards Institute.
   (5)   "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.
   (6)   "Architect" means an architect registered by the State of Ohio.
   (7)   "Arterial street". See "Streets."
   (8)   "As-built plans" means plans that have been revised to incorporate all changes that occurred during construction of the project, on matte mylar material.
   (9)   "ASTM" means American Society for Testing and Materials.
   (10)   "Average daily traffic (ADT)" means the total traffic volume during a given time period in whole days greater than 1 day and less than 1 year divided by the number of days in that time period.
   (11)   "AWWA" means the American Water Works Association.
   (12)   "Block" means all that part of one side of a street between two intersecting streets.
   (13)   "Bond" means any form of security including cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Village Council.
   (14)   "Buffer" means an undeveloped or relatively undeveloped land area that lies between two areas, which contain or may contain conflicting land uses (i.e. residential adjacent to industrial uses; stream adjacent to residential uses, etc.) It is intended for the purpose of reducing or eliminating harmful conflicts and screening one use from another. The buffer may include open space areas, trees and other plants, or other devices (i.e. berms, walls, etc.) to further shield one use from another.
   (15)   "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.
(Ord. 06-08. Passed 2-25-08.)
   (16)   "Caliper" means a horticultural method of measuring the diameter of nursery stock. For trees less than four inches in diameter, the measurement should be taken at six inches above ground level. For trees greater than four inches in diameter up to and including twelve inches, the caliper measurement must be taken at twelve inches above the ground level. For trees greater than twelve inches in diameter, the trunk is measured at breast height (diameter at breast height, “DBH”), which is 4.5 feet above the ground. (Ord. 8-12. Passed 6-25-12.)
   (17)   "Certificate of deposit" means a certificate held on deposit by a financial institution for the Village of Plain City until such time as the subdivider has fulfilled his obligation to install the required improvements.
   (18)   "Collector street". See "Streets."
   (19)   "Comprehensive Plan" means a central organizing document for planning and managing growth. (Ord. 06-08. Passed 2-25-08.)
   (20)   "Concept Plan" means a plan that generally indicates the overall design of a proposed PUD project with sufficient information to enable the applicant and the City to discuss the concept for the proposed development and to determine if the proposal is generally consistent with the Community Plan.
(Ord. 28-2023. Passed 10-23-23.)
   (21)   "Connections" means streets, sidewalks, and/or bike paths that interlink neighborhoods, and that link neighborhoods with schools, parks, shopping, and businesses.
   (22)   "Conservation area" means an area designated by the Planning and Zoning Commission, Comprehensive Plan, or other officially adopted planning document, as an area where development should not occur due to the area's environmental, aesthetic, social, or cultural significance to the Village.
   (23)   "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.
   (24)   "Council" means the Village Council of the Village of Plain City, Ohio.
   (25)   "County" means Madison or Union County, Ohio, as applicable.
   (26)   "Cul de sac" means a local street, with only a single means of ingress and egress, one end of which is closed and having a circular turn around at the end.
   (27)   "Cut sheets" means the tabular survey information used for the purpose of construction layout staking.
   (28)   "Density, gross" means the density of a development using the entire site acreage.
   (29)   "Density, net" means the density of a development using the entire site minus the following: areas designated for public and private streets and alleys, open bodies of water excluding streams, creeks, and ditches, other dedicated rights of way or land required to meet the dedication requirements of the zoning and subdivision regulations.
   (30)   "Density" means the amount of development area located on a tract of land. For residential development, density is measured by the number of housing units per acre. For non-residential development, density is measured as the gross square footage of a building per acre, which can be a number or floor area ratio.
   (31)   "Developer". See "Applicant."
   (32)   "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings, or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
   (33)   "Dwelling unit" means a house, an apartment, a mobile home or trailer, a group of rooms or a single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from outside the building or through a common hall.
   (34)   "Easement" means the right to use the real property of another for a specific purpose. The easement is itself a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes.
   (35)   "Easement, conservation" means a nonpossessory interest in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting agricultural, natural, scenic, or open space values of real property; protecting natural resources; or maintaining air or water quality.
   (36)   "Engineer, registered" means an engineer registered by the State of Ohio.
   (37)   "Engineer, project". See "Engineer, Registered."
   (38)   "Engineer, Village" means the Village Engineer of the Village of Plain City.
   (39)   "Environmental Impact Statement (EIS)" means a detailed analysis of the environmental consequences of a project or proposed action, including long-term adverse impacts, any irreversible commitments of resources, and various alternative courses of action.
   (40)   "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.
   (41)   "Escrow" means a deposit of cash with the Village of Plain City in lieu of an amount required and still in force on a performance or maintenance bond.
   (42)   "Escrow fund" means cash placed by the subdivider in an account to be held by a financial institution in favor of the Village to guarantee the installation of improvements according to the provisions of this Subdivision Ordinance.
   (43)   "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.
   (44)   "Fire Chief" means the Fire Chief of the Pleasant Valley Fire District.
   (45)   "Floodplain" means the areas adjoining a watercourse, which are expected to be flooded as a result of a severe combination of meteorological and hydrological conditions, as identified by Ordinance 12-06 or its successor.
   (46)   "Floodway" means the channel of the watercourse and those portions of the adjoining floodplain which are reasonably required to carry and discharge the 100 year flood, as identified by Ordinance 12-06 or its successor.
   (47)   "Floodway fringe" means that portion of the floodplain outside of the floodway, as identified by Ordinance 12-06 or its successor.
   (48)   "Frontage" means that portion of a lot abutting on a dedicated right-of-way.
   (49)   "Grade" means the slope of any surface specified in percentage terms.
   (50)   "Grade, established street" means the elevation of the street, established by the Village Engineer, measured at the centerline of the street.
   (51)   "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.
   (52)   "Grade, natural" means the elevation of the undisturbed surface of any land.
   (53)   "Greenway" means corridors of protected open space managed for conservation and/or recreation purposes. Greenways may follow natural land or water features, and may link nature reserves, parks, cultural features, and historic sites with each other and with populated areas.
   (54)   "Growth management" means the conscious public decision to restrain, accommodate or induce development in any geographic setting and at any governmental level.
   (55)   "Hillside" means an area with an average slope of more than fifteen percent (15%).
   (56)   "Hydric soils" means soils which are saturated long enough to develop an anaerobic (i.e. living or active in the absence of free oxygen) condition in the upper soils so that only certain plants can live in it. Hydric soils are one indicator of the presence of wetlands.
   (57)   "IES" means the Illuminating Engineering Society.
   (58)   "Impact fees" means any charges levied by local governments on new development to generate revenue for infrastructure necessitated by the new development.
   (59)   "Improvement, public" means any drainage ditch, roadway, parkway, sidewalks, pedestrian way, tree lawn, off-street parking area, lot improvement, or other facility for which the Village of Plain City may ultimately assume the responsibility for operation and maintenance or which may effect an improvement for which the Village of Plain City is responsible.
   (60)   "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm sewers and 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.
   (61)   "In-lieu fees" means fees paid by a private individual or party to the Village of Plain City to compensate for the mandatory dedication provisions of the Plain City Subdivision Regulations when said land dedication is waived by Village Council.
   (62)   "Infrastructure" means the underlying foundation or basic framework of a political jurisdiction, including streets, parks, bridges, sewers, streetlights, and other utilities.
   (63)   "Inspection fee" means the cost to the Village of supervising construction, to be paid by the developer.
   (64)   "Inspector" means the Zoning Inspector of the Village of Plain City, Ohio.
   (65)   "Landscape architect" means a landscape architect registered by the State of Ohio.
   (66)   "Landscaping" means the improvement of a lot with grass, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may also include pedestrian walks, flowerbeds, ornamental objects such as fountains, statues and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
   (67)   "Law Director" means the Law Director or Village Solicitor of the Village of Plain City, Ohio.
   (68)   "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.
   (69)   "Lot" means a tract, plat, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
   (70)   "Lot, corner" means a lot located at the intersection of two or more streets.
   (71)   "Lot, double frontage" means a lot, other than a corner lot, with frontage on more than one street.
   (72)   "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.
   (73)   "Lot, interior" means a lot with only one frontage on a street.
   (74)   "Lot, irregular" means a lot that is neither square nor rectangular.
   (75)   "Lot, minimum area" means the area of a lot computed exclusive of any portion of the right-of-way of any public or private street.
   (76)   "Lot measurement" shall be measured as follows:
   A.   The depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the front to the rearmost points of the side lot lines in the rear. However, the straight line connecting the rearmost side lot lines shall not be less than one-half of the length of the straight line connecting the foremost points of the side lot lines.
   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 setback line.
   (77)   "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.
   (78)   "Lot, reverse frontage" means a double frontage lot located along a collector or arterial that derives access from an interior local street.
   (79)   "Mandatory land dedication" means the required dedication of private land to the Village of Plain City for the purpose of providing space for park, recreation, open space, and other public uses.
   (80)   "Map, index" means a map supplied with street improvement plans showing the street and storm system at a scale of 1" = 200'.
   (81)   "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'.
   (82)   "Mayor" means the Mayor of the Village of Plain City, Ohio.
   (83)   "MORPC" means Mid-Ohio Regional Planning Commission.
   (84)   "Natural buffer areas" means areas where stream valleys, vegetation and /or grade changes are naturally occurring and not the result of planting or earth moving. These areas provide separation between land uses, particularly between land uses of differing intensity, such as residential and nonresidential uses.
   (85)   "No build zone" means an area or portion of a lot that is designated by deed or plat not to contain any buildings, structures, or other built improvement on a permanent basis.
   (86)   "O.D.O.T." or "ODOT" means the Ohio Department of Transportation.
   (87)   "Official Thoroughfare Plan" means the system of streets for the Village as adopted by the Village, on file in the Village Fiscal Office, together with all amendments thereto subsequently adopted.
   (88)   "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.
   (89)   "Ohio EPA" means the Ohio Environmental Protection Agency.
   (90)   "Open space subdivision" means a clustered development in which significant amounts of open space are preserved. Typically the gross density is compatible with nearby traditional subdivisions, but the net density is higher because of the preserved open space. Such open space can be in a natural state or developed for recreational uses, such as a golf course.
   (91)   "Open space" means land reserved from development as a relief from the effects of urbanization. It is often intended to be used for passive recreation purposes, but may also include pedestrian plazas or active recreation areas.
   (92)   "Open watercourse" means a defined open drainage channel, natural or man-made, for the purpose of conveying stormwater.
   (93)   "Park and Recreation Master Plan" means the plan of parks, playgrounds, or other open grounds adopted by the Village Council.
   (94)   "Performance and indemnity bond or surety bond" means an agreement by and between a subdivider and a bonding company in favor of the Village of Plain City 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.
   (95)   "Planning and Zoning Commission" means the Planning and Zoning Commission of the Village of Plain City, Ohio. (Ord. 06-08. Passed 2-25-08.)
   (96)   “Plan, Final Development” means a detailed plan showing the location of all site improvements, including easements, utilities, buildings, parking areas, circulation routes, points of ingress and egress, transportation and other public improvements (both on- and off-site), landscaping, architectural drawings, loading and unloading zones, service areas, ground signate, directional signage, location of refuse containers, lighting, and accessory structures, and may include a subdivision plat. Critical dimensions are shown unless otherwise indicated.
   (97)   "Plan, improvement" means detailed construction drawings, maps and other materials depicting a proposed subdivision meeting the requirements of this document.
   (98)   “Plan, Preliminary Development” means a plan, submitted at the time of rezoning, outlining permitted and conditional land use development sites, major circulation patterns, critical natural areas to be preserved, open space areas and linkages, buffer areas, entryways, and major utilities and their relationship with surrounding uses. A preliminary development plan shall include a composite plan and any other development plan adopted prior to the effective date of these regulations that are still in force.
   (99)   "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.
   (100)   "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.
   (101)   "Plat, preliminary" means the plat of a proposed subdivision that meets all of the requirements of this document.
   (102)   "Reserve" means a parcel of land within a subdivision set aside for future subdivision or set aside for other purposes, as noted on the plat.
   (103)   "Right-of-way" means a strip of land occupied or intended to be occupied by a street, crosswalk, walkway, bikeway, or other public improvement relating to public travel or access.
   (104)   "Roadway" means the portion of a street available for vehicular traffic.
   (105)   "Sediment" means solid material both mineral and organic, that is in suspension, is being transported, or has been moved from its site or origin by surface water, and has come to rest on the earth's surface above or below ground level.
   (106)   "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 runoff waters.
   (107)   "Service road" means a street parallel with a limited access street to afford abutting property owners access to such street, but only at specific points.
   (108)   "Setback, front" means the minimum distance between the right-of-way and a building facing said right-of-way, as required by the Zoning Code.
   (109)   "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.
   (110)   "Setback, rear" means the minimum distance between the rear lot line and a building, as required by the Zoning Code.
   (111)   "Setback, side" means the minimum distance between the side lot line and a building, as required by the Zoning Code.
   (112)   "Sidewalk" means a Portland cement concrete paved area intended principally for use by pedestrians.
   (113)   "Solicitor" means the Law Director or Village Solicitor of the Village of Plain City, Ohio.
   (114)   "Stream" means a course of running water usually flowing in a particular direction in a definite channel and discharging into some other stream or body of water.
   (115)   "Street, arterial" means a street, which accommodates traffic to and from the expressways or to or through major commercial districts. Traffic volumes are generally greater than 10,000 ADT.
   (116)   "Street, cul-de-sac." See "Cul-de-sac".
   (117)   "Street, dead end" means a local street having only one outlet without a safe and convenient means for reversal of traffic.
   (118)   "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 number of vehicles other than passenger automobiles.
   (119)   "Street, expressway" means a street entirely devoted to the movement of large volumes of traffic at relatively high speeds. Access is completely controlled, not intended to serve abutting property.
   (120)   "Street, local" means a street intended to provide access to other streets from individual properties, generally bearing a volume of traffic no greater than 800 ADT.
   (121)   "Street, major collector" means a street which carries traffic from the minor collector system to the arterial. Traffic usually has origin and destination within the community and does not exceed 10,000 ADT.
   (122)   "Street, minor collector" means a street which carries internal traffic within a given neighborhood, connecting local streets to the major collectors or to the arterial system and generally bearing volume of traffic no greater than 4,000 ADT.
   (123)   "Street, private" means a privately owned strip of land providing access to abutting properties.
   (124)   "Structure" means that which is constructed having a location on or in the ground or attached to that having a location on or in the ground; the term shall include buildings, outdoor seating facilities, outdoor theaters, swimming pools, platforms, decks, tents, towers, bridges, poles, and roadside signs.
   (125)   "Subdivider". See "Applicant."
   (126)   "Subdivider's agreement" means an agreement by and between a subdivider and the Village of Plain City 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.
   (127)   "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 and where the lots resulting are not reduced below minimum sizes required by law, 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 leaseholders, or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.
   (128)   "Subdivision, minor" means any subdivision involving no more than 5 lots after the original tract has been completely subdivided, all of the lots of which front on an existing Village street and with which there is no new street or right-of-way required or proposed.
   (129)   "Street line" means the boundary line, also referred to as the right-of-way line, between a lot and the area dedicated or otherwise acquired for right-of-way purposes.
   (130)   "Surety" means a certificate of deposit, performance bond, irrevocable letter of credit or cash escrow account in favor of the Village designed to guarantee the construction of required improvements.
   (131)   "Surveyor" means a surveyor registered by the State of Ohio.
   (132)   "Tree" means a woody perennial plant having a distinct trunk a minimum 2 inches caliper as measured 4 feet from the ground with branches and foliage at some distance above the ground.
   (133)   "Tree Commission" means a group formally appointed by the Village Council to work with the Planning and Zoning Commission in enforcement of a tree preservation ordinance.
   (134)   "Tree lawn" means the strip of land between the back of curb and sidewalks.
   (135)   "Tree, large" means any tree species having a trunk diameter of 6 inches or more as measured 4 feet from the ground.
   (136)   "Tree, significant" means any individual tree that is of cultural, historical. biological, or horticultural value as determined by the Village Council with the advice of the Planning and Zoning Commission and Tree Commission.
   (137)   "Village Administrator" means the Village Administrator of the Village of Plain City, Ohio.
   (138)   "Village" means the Village of Plain City, Ohio, a municipal corporation having less than 5,000 citizens, as defined in the Ohio Revised Code, 703.1.
   (139)   "Village Fiscal Officer" means the Village Fiscal Officer of the Village of Plain City, Ohio.
   (140)   "Village Council" means the Village Council of the Village of Plain City, Ohio.
   (141)   "Village Mayor" means the Mayor of the Village of Plain City, Ohio.
   (142)   "Village Solicitor" means the Law Director or Village Solicitor of the Village of Plain City, Ohio.
   (143)   "Walkway" means a dedicated public right-of-way limited to pedestrian traffic.
   (144)   "Wetlands" means lands that are wet for significant periods during the year that typically create anaerobic (i.e. low oxygen) conditions favoring the growth of hydrophytic plants and the formation of hydric soils. Wetlands are important natural resources providing numerous values to society, including fish and wildlife habitat, flood protection, erosion control, and water quality maintenance.
   (145)   "Zoning Code" means the Zoning Code of the Village of Plain City, Ohio.
   (146)   "Zoning Inspector" means the Zoning Inspector of the Village of Plain City, Ohio.
(Ord. 06-08. Passed 2-25-08; Ord. 28-2023. Passed 10-23-23.)