(1) As-Built Drawing; Drawing showing current conditions of infrastructure or other elements as prepared and certified by a professional engineer or professional land surveyor.
(2) Block; A tract of land bounded by streets or a combination of streets and public parks, cemeteries, railroad rights of way, shorelines or boundaries of municipalities.
(3) Bond; A form of security in an amount and form satisfactory to the City Council. All bonds shall be approved by the City Council whenever a bond is required by these regulations.
(4) Buffer; See external buffer.
(5) Capital Improvements Program; A plan setting forth, by category of public facilities, those capital improvements and that portion of their costs which are attributable to serving new development within designated service areas for such public facilities over a period of specified years. Capital improvements program may refer either to the plan for a particular service area or to the aggregation of capital improvements and the associated costs programmed for all service areas for a particular category of public facilities.
(6) Certify; Whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the City by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification.
(7) Common Ownership; Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association, or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
(8) Concept Plan; A sketch preparatory to the preliminary plat (or record plan in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the planning commission as to the form of the plat and the objectives of these regulations.
(9) Construction Plan; The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.
(10) Contiguous; Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot.
(11) Cul-de-sac or Close; A local street that does not connect to another street. Designed to provide a safe reversal of traffic movement.
(12) Developer; The owner of land proposed to be subdivided or the owner's representative who is responsible for any undertaking that requires review and or approval under these regulations.
(13) Driveway; a minor vehicular right-of-way providing access to the side or rear of lots, parcels or properties.
(14) Easement; Authorization granted by a property owner to another person or entity to use the owner's property for a specified purpose.
(15) Escrow; A deposit of cash with the local government or agent to secure the promise to perform some act.
(16) External Buffer; A naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multiple or phased subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent uses.
(17) Grade; The slope of a road, street or other way as a percent change over every 100 feet.
(18) Health, Safety or General Welfare; The purpose for which Springboro may adopt and enforce land use and other public policy regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as the police power.
(19) Highway, Limited Access; A thoroughfare as defined by the City of Springboro Mobility Master Plan that provides for free movement of through traffic. Owners or occupants of abutting land have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over the traffic way.
(20) Homeowner's Association; An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision-be it a lot, parcel site, unit plot, condominium, or any other interest-is automatically a member as a condition of ownership and each member is subject to a charge or assessment for a prorated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.
(21) Improvements; Physical additions and changes to the land.
(22) Interior Pedestrian Walk; A right of way for pedestrian use extending from a street into a block or across a block to another street.
(23) Law Director; An attorney under the employment of the City Council of Springboro to furnish legal assistance to the Director of Planning for the administration of these regulations among other duties set forth in Chapter 232 of the Administration Code.
(24) Lot Improvement; Any building, structure, place, work of art, or other object situated on a lot.
(25) Minimum; The minimum standard or requirement acceptable as established by the City.
(26) Model Home; A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.
(27) Notice of Noncompliance; A notice issued by the City informing the applicant for approval of a major subdivision that the concept plan is not in compliance with these regulations and that the applicant may not apply for preliminary plan approval.
(28) Notice to Proceed; A notice issued by the City informing the applicant for approval of a major subdivision that the concept plan is in compliance with these regulations and that the applicant may proceed to apply for preliminary plan approval.
(29) Phased Subdivision Application; An application for subdivision approval submitted pursuant to a master preliminary plan or a specific plan in which the applicant proposes to immediately subdivide the property but will develop in one or more individual phases over a period of time. A phased subdivision application may include an application for approval of or conversion to horizontal or vertical condominiums, non-residential development projects, planned unit developments, mixed use projects, and residential developments.
(30) Planned Unit Development, or PUD; Any development completed under the provisions set forth in Chapter 1267 of the Planning and Zoning Code as amended from time to time.
(31) Preliminary Plan; The preliminary drawing or drawings indicating the proposed manner or layout of the subdivision to be submitted to the planning commission for approval.
(32) Public Improvement; Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
(33) Record Plan; The map of a subdivision to be recorded after approval by the City Council and any accompanying material as described in these regulations.
(34) Re-subdivision; Any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use or any lot line, or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
(35) Right-of-Way; A strip of land occupied or intended to be occupied by a thoroughfare, sidewalks, crosswalk, shade trees, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary, storm, or water lines or for any other special use. The usage of the term "right of way" for land platting purposes shall mean that every right of way hereafter established and shown on a final plat is to be separated and distinct from the lots or parcels adjoining such right of way and not included within the dimensions of areas of such lots, or parcels.
(36) Security; The letter of credit or cash escrow provided by the applicant to secure its promises in the subdivision improvement agreement.
(37) Sight Distance; The maximum distance of unobstructed vision along a street from a vehicle located at any given point on the street.
(38) Standard Construction Drawings and Specifications Manual; City of Springboro; A manual maintained by the Director of Planning, and as reviewed and approved from time to time by the Planning Commission, that contain standard construction drawings and specifications for improvements and other administrative procedural documentation required to fulfill the provisions of these Regulations.
(39) Standards; See City of Springboro Standard Construction Drawings and Specification Manual.
(40) Street; A strip of land, including the entire right-of-way, whether dedicated or not, designed and constructed for use as a means for vehicular and pedestrian traffic.
(41) Street, Arterial; Thoroughfare as defined in the City of Springboro Mobility Master Plan that provides for a high level of mobility for vehicular traffic. Adjacent land uses are subordinate to the movement of traffic. Arterials connect to collectors and interstates.
(42) Street, Classification; Classification of thoroughfares as outlined in the City of Springboro Mobility Master Plan. Classifications help provide for the development of streets, highways, roads, and rights of way and impact their design and improvement, reconstruction, realignment; including provision for curbs and sidewalks.
(43) Street, Collector; A thoroughfare as defined in the City of Springboro Mobility Master Plan that connects local and arterial streets.
(44) Street, Dead End; A thoroughfare or portion thereof with only one vehicular traffic outlet.
(45) Street, Local; A thoroughfare, as defined by the City of Springboro Mobility Master Plan, that provides access to abutting properties or to other thoroughfares.
(46) Street, Stub; A segment of thoroughfare that terminates at the adjacent property, but is expected to be connected to a future road on the adjacent property.
(47) Subdivide; The act or process of creating a subdivision of land.
(48) Subdivider; Any person who, having an interest in land, causes it, directly or indirectly, to be subdivided into a subdivision, or who directly or indirectly, sells, leases, or develops or offers to sell, lease, or develop or advertises to sell, lease, or develop any interest, lot, parcel, unit, or plat in a subdivision, or who engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel, site, unit or plat in a subdivision, and who is directly or indirectly controlled by, or under direct or indirect common control with any of the forgoing.
(49) Subdivider's Agreement; A contract entered into by the applicant and Planning Commission on behalf of the City by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.
(50) Subdivision; Any land which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of offer, sale, lease, or development whether immediate or future, either on the installment plan or upon any and all other plans, terms and conditions. Subdivision includes the division or development of residentially and non-residentially zoned land, whether by metes and bound description, devise, intestacy, lease, map, plat, or other recorded instrument, Subdivision includes resubdivisions and condominium creation or conversion.
(51) Subdivision, Major; All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the local government facilities or the creation of any public improvements.
(52) Subdivision, Minor; Any subdivision containing not more than 3 lots fronting on an existing street, not involving any new street or road dedication, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the master plan or zoning map, or zoning ordinance, or these regulations.
(53) Subdivision, Non-residential; A subdivision whose intended use is other than residential, such as commercial, industrial or mixed.
(54) Subdivision Agent; Any person who represents, or acts for or on behalf of a subdivider or developer, in selling, leasing, or developing or offering to sell, lease, or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney at law whose representation of another person consists solely of rendering legal services.
(55) Surface Drainage Plan; A plan showing all present and proposed grades and facilities for storm water drainage.
(56) Temporary Improvement; Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
(57) Thoroughfare; See Street.
(58) Vested Rights; Right to initiate or continue to the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed.
(Ord. 0-15-4. Passed 2-19-15.)
CODIFIED ORDINANCES OF SPRINGBORO