1102.03 SPECIFIC TERMS.
   (a)   The following specific terms are defined as follows:
      (1)    Access Management Manual. The manual used by the County Engineer to provide general guidance and outline the minimum acceptable standards for design, spacing and operation of access points to the Summit County roadway system.
      (2)    ADA. The Americans with Disabilities Act of 1990. 42 U.S.C. §§ 12101- 12213, as amended.
      (3)    AMATS. The Akron Metropolitan Area Transportation Study. a metropolitan planning organization as defined by 23 U.S.C. § 134, as amended.
      (4)   As Built Drawings: Marked plans showing all revisions to the final tracings for the subdivision that was approved by the Summit County Planning Commission. The As Built drawings will confirm or revise the actual elevations, dimensions and locations of all features constructed by the project including but not limited to storm sewers, water lines, sanitary sewers, roadway items, utility lines, storm water detention/retention basins, and outfall elevations.
      (5)   Bioretention: Landscaped depressions that treat on-site stormwater discharge from impervious surfaces such as roofs, driveways, sidewalks, parking lots and compacted lawns. They are used to collect stormwater and filter it through a mixture of soil, sand and/or gravel to reduce peak flows within downstream sewer systems and allow pollutant removal through filtration and plant uptake.
      (6)   Block. A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines or waterways, or boundary lines.
      (7)   Buffering. The provision of an area between different land uses that minimizes negative environmental impacts. Buffers shall provide visual screening in order to minimize land use conflicts. A buffer may consist of fencing, evergreens, berms, rocks, boulders, mounds, or combinations thereof to achieve the same objective.
      (8)   Building. Any structure of any kind intended for residential and/or commercial use having a roof supported by columns or by walls and is intended for the shelter, housing or enclosure of persons, animals, or property.
      (9)   Building Envelope. The portion of a lot or parcel that contains the principal building and accessory structures, required setbacks and on-site wastewater system and water well, if required.
      (10)   Building Setback Line. A line establishing the limits of a yard which abuts a street and in which no building may be located.
      (11)   Buffer. A naturally vegetated area or vegetated area along the exterior boundaries of a development which is landscaped and maintained as a traditional open space in order to eliminate or minimize conflicts between such development and adjacent land uses or to protect a natural feature from development.
      (12)    Clean Water Act. The Federal Water Pollution Control Act. 33 U.S.C. §§ 1251-1388. as amended.
      (13)   Cluster Housing. A type of dwelling unit that may be included as part of a Subdivision where detached dwelling units are grouped relatively close together leaving Open Space as Common Areas.
      (14)   Common Areas. Areas of property used by all owners or tenants in common in accordance with such owners bylaws or owners’ agreement which may include but is not limited to sidewalks/ walkways, parking areas, driveways, open space and recreation facilities.
      (15)   Concept Plan. A plan prepared prior to a Preliminary Plan to assist the Developer/Subdivider in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of complying with the Subdivision Regulations.
      (16)   Condominium. A type of unit that may be included as part of a Subdivision where ownership of individual units in a multiunit structure is combined with joint ownership of common areas in accordance with a recorded Condominium Declaration.
      (17)   Conservation Development. A contiguous area of land to be planned and developed as a single Subdivision, in which dwelling units are accommodated under more flexible standards, such as building arrangements and setbacks, than those that would normally apply under single-family district regulations, allowing for the flexible grouping of houses in order to conserve open space and existing natural resources.
      (18)   County Board of Health. The Summit County Combined General Health District dba Summit County Public Health.
      (19)   County Council. The eleven member Council of the County of Summit.
      (20)   County Engineer. The Engineer of the County of Summit.
      (21)    County Engineer's Inspector. An Inspector employed or under contract by the County Engineer.
      (22)    County Engineer Specs and Details. The County Engineer Construction Material Specifications and Standard Details Manual.
      (23)   County Executive. The Executive of the County of Summit.
      (24)   County Department of Law. The Department of Law and Risk Management for the County Executive.
      (25)    County of Summit General Land Use Development Plan. Mapped and/or written proposals for the future development of Summit County and its affected adjacent areas. This may be referred to as a master plan or comprehensive plan in other documents.
      (26)   County Prosecutor. The Prosecuting Attorney of the County of Summit.
      (27)   County Fiscal Officer. The Fiscal Officer of the County of Summit.
      (28)   Density. A unit of measurement; the number of dwelling units per acre of land.
      (29)   Density, Gross. The quotient of the total number of dwelling units divided by the gross area of a site (including public rights-of-way), expressed in gross dwelling units per acre.
      (30)   Density, Net. The quotient of the total number of dwelling units divided by the area of the site consisting of the gross area minus the area for rights-of-way and easements for public streets expressed in net dwelling units per acre.
      (31)   Department of Community and Economic Development. The Department of Community and Economic Development for the County Executive of the County of Summit.
      (32)   Department of Sanitary Sewer Services. The Department of Sanitary Sewer Services for the County of Summit.
      (33)   Department of Sanitary Sewer Services Inspector. An Inspector employed by the Department of Sanitary Sewer Services and/or Department of Sanitary Sewer Services Inspector.
      (34)   Developer, Agent of the developer. Includes, but is not limited to a, sub divider, firm, association, syndicate, limited partnership, partnership, corporation, limited liability company, trust, individual or any other legal entity proceeding under these Subdivision Regulations to effect a subdivision of land hereunder for himself/herself or for another.
      (35)   Development. The project in which the Developer shall add improvements on or to a parcel of land which may include but is not limited to buildings, dwelling units, drainage systems, utilities, access driveways, parking, landscaping, recreation facilities, and subdividing which shall be in accordance with these Subdivision Regulations and all other applicable laws but are not limited to Major or Minor Subdivisions, Planned Residential Development, Planned Unit Development and Open Space Subdivision/ Conservation Development.
      (36)    Division of Building Standards. The Division of Building Standards of the Department of Community and Economic Development for the County Executive.
      (37)   Easement. A legal or equitable right, acquired by the owner of one piece of land (the dominant estate) to use another's land (the servient estate) for a special purpose, such as to driveway through the land to reach a road. Unlike a lease or license, easements may last forever, but it does not necessarily give the easement owner a right to sell or improve the land. Easements include, but are not limited to, Highway Easements for streets and roads, Drainage Easements for storm sewers or swales, Stormwater Easements for ponds, detention or retention basins and 100 Year Overland Flow Paths, Storm Water Access Easements to permit heavy equipment and large trucks to storm water retention areas for maintenance or reconstruction purposes.
      (38)   Easement, Conservation. A right, privilege or interest in property, including the right to enforce restrictions, which is granted to an organization qualified under state and federal statutes, to protect certain values of the property by prohibiting conversion, development, or incompatible uses.
      (39)   Easement, Utility. An easement provided for entities and companies providing sanitary sewer, water, stormwater, gas, electric, telecommunication, cable television, and other public utility services.
      (40)   Engineer. Any person registered to practice professional engineering by the state board of registration as specified in O.A.C. 4733.
      (41)   FEMA. The Federal Emergency Management Agency.   
      (42)   Fire Pond. A fresh water pond or lake, either lying in a natural depression or artificially constructed that provides a water source for dry hydrants for fighting fires.
      (43)   Floodplain. The lowland area that borders a stream and is subject to flooding. Specifically, the floodplain is designated by the flooding frequency, such as 100 year flood stage has a 1 % chance of occurrence in any year and is mapped by FEMA.
      (44)   Floodway. The channel of the watercourse and those portions of the adjoining Floodplain which are used to convey a flood.
      (45)   Floodway, Fringe. The portion of the 100 year Floodplain outside of the Floodway.
      (46)   Frontage, Lot. That portion of a lot line abutting on a road right-of-way.
      (47)   Greenway. A linear park, alternative transportation route, or open space conservation area that provides passive recreational opportunities, pedestrian and/or bicycle paths, and/or the conservation of open spaces or natural areas, as designated in a greenway plan. A greenway may also provide protection of wildlife corridors and connections to habitat, and other open space, conservation and recreational land.
      (48)   Habitat. The ecological area that supports a species.
      (49)   Hardship. By reason of exceptional shape of a lot, exceptional topographical conditions, or other exceptional physical conditions of a parcel of land, an applicant is unable to strictly comply with these Subdivision Regulations. "Unnecessary hardship" shall not include personal or financial hardship or any other hardship that is self-imposed.
      (50)   Haul Road. A temporary road that has been established for the transportation of construction vehicle traffic in lieu of using existing roads. The road is not required to have a paved surface but must be constructed in a safe manner to accommodate the necessary construction vehicle traffic. A haul road may also be a restriction placed on the developer by the Summit County Planning Commission that restricts access to a development to a particular route.
      (51)   Improvements. Those additions to undeveloped land such as grading, draining, fire ponds and appurtenances, sanitary and storm sewers, water mains, pavement, curbs and gutters, sidewalks/ walkways, street signs, street lights, parks, monuments, and the appropriate appurtenances required to render land suitable for the use proposed.
      (52)   Level of Service. A measurement of the service level of a road to accommodate traffic volumes.
      (53)   Long Term Maintenance Agreement. A properly executed agreement between the County and the Developer to ensure that the County has the legal authority to enter onto the developer's property to inspect, maintain, repair and/or reconstruct stormwater basins that has been created within the development.
      (54)    Lot Consolidation. A combination of one or more recorded parcels into a newly created parcel pursuant to these Subdivision Regulations and the provisions of the O.R.C.
      (55)   Lot, Corner. A lot at the point of intersection of any two (2) intersecting streets.
      (56)   Lot, Double-Frontage. A lot, other than a corner lot, that abuts more than one (1) street.
      (57)   Lot Lines. The property boundaries of a lot.
      (58)   Lot, Parcel, Sublot. A division of land separated or proposed to be separated from other divisions of land by description on a recorded Subdivision Plat, recorded survey map, or by metes and bounds for purposes of sale, lease, or separate use. Such parcel of land must be of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required.
      (59)   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 or witness any of the above.
      (60)   NPDES. The National Pollution Discharge Elimination System stormwater discharge permit administered by the OEPA.
      (61)    NAYD88. North American Vertical Datum of 1988, the vertical control datum of orthometric height established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988.
      (62)   No-Build Reserve. An area of a lot and/or Subdivision plat designated as an area in which no buildings, structures or other improvements, including utilities shall be located.
      (63)    NEFCO. The Northeast Ohio Four County Regional Planning and Development Organization, a regional council of governments formed pursuant to O.R.C. Chapter 167.
      (64)    ODOT. The State of Ohio Department of Transportation.
      (65)   ODOT Specs. The Current Edition of the ODOT Construction and Material Specifications
      (66)   Official Filing. The submission of a Preliminary Plat Plan or Final Plat of a Major or Minor Subdivision which meets all of the requirements as prescribed by these Subdivision Regulations.
      (67)    O.A.C. The Ohio Administrative Code, which is a compilation of rules which are accorded the effect of law and are promulgated by State administrative bodies granted limited rule-making authority by statutory authorization of the Ohio General Assembly. The administrative rules are codified and organized by chapters in the Ohio Administrative Code.
      (68)   O.R.C. The Ohio Revised Code, which are laws enacted by the Ohio General Assembly which govern the State of Ohio.
      (69)    OEPA. The Ohio Environmental Protection Agency.
      (70)   Open Space. That portion of land within a Subdivision devoted to public and/or private recreational facilities, or undeveloped land. Open Space shall not include land in private yards, areas set aside for public facilities, driveways, parking lots, or other surfaces set aside for vehicular travel, and not more than 80% of land counted as Open Space may be covered by water.
      (71)   Open Space Block. An area reserved for Open Space as indicated on the Final Plat.
      (72)   Open Space Subdivision. A contiguous area of land to be planned and developed as a single Subdivision, in which dwelling units are accommodated under more flexible standards, such as building arrangements and setbacks, than those that would normally apply under single-family district regulations, allowing for the flexible grouping of houses in order to conserve open space and existing natural resources.
      (73)   Original Tract. A contiguous quantity of land held in common ownership which has not been platted by the existing owner or owners.
      (74)   Owners Association. An organization operating under a recorded land agreement through which each lot owner or dwelling unit owner of that specific Subdivision or Development is a member and/or each lot or dwelling unit is subject to charges for a proportionate share of the expenses for the organization’s activities, such as maintenance, repair and replacement of common areas and facilities including private roads. The organization also is responsible to enforce the rules, regulations, deed restrictions and bylaws of the Owners Association.
      (75)   Performance Bond (Surety Bond). An agreement between a Developer and a Performance Bond or Surety Company for the benefit of the County in the amount of the estimated construction cost of improvements for the entire Subdivision whereby the Surety guarantees the completion of the physical improvements for the entire Subdivision according to plans and specifications within the time prescribed by the agreement pursuant to Section 1110.04 of these ordinances.
      (76)   Plan, Preliminary. A drawing of a Major Subdivision for the purpose of study and which, if approved, permits proceeding with the preparation of the Final Plat.
      (77)   Plan, Private Survey. A map of one (1) or more parcels of land as surveyed by a Registered Professional Surveyor in accordance with the minimum standards for Boundary Surveys in the State of Ohio (O.A.C. Chapter 4733-37) for the purpose of providing information necessary or incidental to the transfer of said parcels in cases not requiring the platting of said parcels.
      (78)   PRD. A contiguous area of land to be planned and developed as a single Subdivision, in which dwelling units are accommodated under more flexible standards, such as building arrangements and setbacks, than those that would normally apply under single-family district regulations, allowing for the flexible grouping of dwelling units in order to conserve open space and existing natural resources in accordance with these Subdivision Regulations. Such a proposed Subdivision must be classified as a Planned Residential Development or Open Space Subdivision/ Conservation Development in accordance with the local Township Zoning Resolution.
      (79)   PUD. A type of development within a Subdivision in which zoning, subdivision and platting regulations may be varied in order to accommodate a unified development project that includes residential, commercial, and industrial or any other use, alone or in combination. A Planned Unit Development shall be planned and developed to encourage the efficient use of land and resources to promote greater efficiency in providing public and utility services, to encourage innovation in the planning and building of development and generally to promote the public welfare in accordance with these Subdivision Regulations. Such a proposed Subdivision must be classified as a Planned Unit Development in accordance with the local Township Zoning Resolution.
      (80)   Planning Commission. A legally constituted body established by Resolution No. 1453-76 adopted November 2, 1976. by the Board of Summit County Commissioners and the amendment, Resolution No. 1586-76 adopted November 23, 1976. by the Board of Summit County Commissioners, under the authority of O.R.C. § 713.22, which conducts hearings and makes recommendations to the County Council.
      (81)   Platted Lot. A lot whose recording instrument is a final plat or replat.
      (82)   Plat, Final. A final tracing of all or a phase of a Subdivision and its complete survey information in accordance with these Subdivision Regulations.
      (83)   Post Construction Water Quality Practice. A practice that is installed after general construction activities are completed to capture and treat pollutants in storm water runoff and/or to manage the increased frequency, volume and energy of storm water runoff so that surface water resources are not degraded. Post construction practices may be either structural or non-structural in nature.
      (84)   Property. The term “Property” as referenced in these Subdivision Regulations shall include land, real property and/or real estate except as otherwise indicated.
      (85)   Public. Open to common use, whether or not under public ownership.
      (86)   Public Utility. Any person, firm or corporation, governmental agency, or board having a public utility commission or regulatory body permitted to furnish to the public under such Regulations utilities including but not limited to electricity, gas, sewer, water, telephone, cable, transportation, steam, or other similar public services.
      (87)   Public Way. An alley, avenue, boulevard, bridge, channel, ditch easement, express freeway, highway, land, parkway, right-of-way, road, sidewalk/walkway, street subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have been granted an interest, privilege or a right, or which are dedicated, whether improved or not to use such property for its intended purposes.
      (88)   Replat. A reconfiguration of lots and/or further subdivision of lots in a recorded Plat. It may include all or any part of a previously recorded Plat.
      (89)   Reserve. The identification and setting aside of an area of land on a Preliminary Plan and Final Plat for common use.
      (90)   Right-of-Way. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, water and sewer lines, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
      (91)   Right-of-Way Line. The property limit line of publicly owned land or easement encompassing a street, or alley.
      (92)   Riparian Setback. The area set back from each bank of a watercourse to protect the riparian area and watercourse from impacts of development, and streamside residents from impacts of flooding and loss through erosion. Riparian setbacks are those lands within Summit County that fall within the area defined by the criteria set forth in Title Seven of Part Nine of these Codified Ordinances establishing Riparian Setbacks within Summit County. (See, Appendix J).
      (93)   Rural Character. A sparsely developed area where the land is primarily used for agricultural purposes with very low density residential Development uses or open space uses.
      (94)   Secretary. The secretary of the Planning Commission.
      (95)   Sewage Disposal Systems, Commercial. Any sewage disposal or treatment system or part thereof for other than a one, two or three family structure not connected to a central sewage collection system and subject to approval by the OEPA.
      (96)   Sewage Disposal System, Household. Any sewage disposal or treatment system or part thereof for a one, two, or three family structure not connected to a central sewage collection system and subject to approval by the County Board of Health.
      (97)   Sewerage, Centralized Systems. An approved wastewater disposal system which provides a collection network and disposal system and central wastewater treatment facility for a single development, community, or region.
      (98)   Sidewalk. A dedicated public way for pedestrian use only and which consists of a paved surface, or leveled area, paralleling and usually separated from the street.
      (99)   Sight Distance. The length of roadway that is necessary to insure the operator of a vehicle has an unobstructed view of the entire intersection and sufficient length of the intersecting road to provide safe driving conditions.
      (100)   Special Conditions Agreement. An agreement between a Developer/ Subdivider and the County Executive which supplements the requirements of the Subdivision Regulations, other applicable regulatory requirements, and the jurisdictional authority of other county, state or federal departments or agencies.
      (101)   Staff. The Staff of the County of Summit Department of Community and Economic Development, Planning/GIS Division for the County Executive, also serving as Staff for the Planning Commission.
      (102)   Stormwater detention basin. A facility for the temporary storage of stormwater runoff, constructed to receive and temporarily hold stormwater for release at a controlled rate.
      (103)   Stormwater retention basin. A facility, such as a pond, pool, or basin, used for the temporary storage of stormwater runoff, where additional storage capacity is provided above the normal water level and the stormwater runoff is released at a controlled rate.
      (104)   Stormwater Management. A plan in which runoff stormwater from a development is safely dispersed at an allowable rate to minimize erosion, flooding and to assist in maintaining water quality.
      (105)   SWPPP. Stormwater Pollution Prevention Plan, a plan which includes the best management practices for erosion and sediment control during construction and structural and non-structural permanent water quality practices and addresses the requirements of Chapters 941 and 943 of these Codified Ordinances and the current OEPA General Permit Authorization for Stormwater Discharges Associated with Construction Activity under the NPDES, as well as any permit to fill jurisdictional wetlands. (See, Section 1110.07 of these Subdivision Regulations).
      (106)   Stormwater Quality Improvement Basins/Wetlands. Basins and/or wetlands that are man-made for the purpose of treating stormwater for water quality purposes.
      (107)   Structure. A building or other object that is constructed.
      (108)   Subdivider. See, Developer.
      (109)   Subdivision.
         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 (O.R.C. §711.00.1). The term “Subdivision” shall include the Open Space Subdivision, Conservation Development, the Planned Residential Development and the Planned Unit Development as approved in accordance with these Subdivision Regulations.
      (110)   Subdivision, Condominium. Any subdivision which is ultimately to be partially jointly owned under the provision of a recorded condominium declaration.
      (111)   Subdivision Major. Any subdivisions not classified as a Minor Subdivision, including but not limited to Subdivisions of more than five (5) lots, any one of which is less than five (5) acres, or any size Subdivision requiring the creation, widening or extension of a street or access easement or requiring the division or allocation of land as a utility or drainage easement or subdividing platted land to create additional building lots in a recorded Subdivision. See, Section 1103.03(b) of the County Subdivision Regulations.
      (112)   Subdivision, Minor. A Subdivision which is a division of a parcel of land along an existing public street or road, not involving the opening, widening, or extension of any street, road, or access easement and involving not more than five (5) lots, any one of which may be is less than five (5) acres after the original tract has been completely subdivided. (Also refer to O.R.C. §711.131).
      (113)   Summit Metro Parks. A park district created pursuant to O.R.C. Chapter 145.
      (114)   Summit Soil and Water. The Soil and Water Conservation District of the County of Summit.
      (115)   Surveyor. Any person registered to practice professional surveying by the state board of registration as specified in O.A.C. Chapter 4733-14.
      (116)   Thoroughfare Plan. A mapped and/or written proposal for future road development of Summit County and its affected area as depicted in the Summit County General Land Use Development Plan or its updates (O.R.C. § 713.02).
      (117)   Thoroughfare, Street or Road. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
         A.   Alley. A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
         B.   Arterial Street. A street which brings traffic to and from expressways and other arterials, and serves those major movements of traffic within or through the County not served by expressways. Arterials interconnect the principal traffic generators and high volume corridors that connect within the County and rural areas for long and through traffic trips.
         C.   Boulevard. A divided street which can carry large or small volumes of vehicular traffic depending upon parking regulations and lot access. A street intended to serve as an arterial or collector.
         D.   Collector Street. A street which serves internal traffic movement within an area and connects the area with the arterial system. Collector streets generally do not handle long through-trips but perform the same land service function as a local street.
         E.   Cul-de-Sac Street. A local street having one (1) end open to vehicular traffic and the other end permanently closed with a vehicular turnaround.
         F.   Dead-End Street. A street temporarily having only one (1) outlet for vehicular traffic, but intended to be extended or continued in the future and provided with a vehicular turnaround on a temporary easement.
         G.   Local Street. Local streets provide access to immediately adjacent land and feed traffic to the collector and arterial system. They make up a large percentage of the total street mileage of the County, but carry a small portion of the vehicle-miles of travel.
         H.   Loop Street. A short local street, each end of which terminates at an intersection with the same collector or arterial street.
         I.   Parallel Street. A local or collector street running parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector street traffic.
         J.   Private Street. A street which provides vehicular and pedestrian access to residential, commercial or industrial structures or groups of structures, and is not dedicated as a public right-of-way. A private street is not eligible for maintenance, repairs, snow removal, resurfacing or reconstruction by government entities. All maintenance, repairs, snow removal, resurfacing or reconstruction remains the responsibility of the private owners.
      (118)   Township Trustee. A duly elected person of a township pursuant to O.R.C. Chapter 505.
      (119)   Township Zoning Inspector. A person designated as an Inspector by the Board of Township Trustees to administer and enforce zoning regulations and related resolutions.
      (120)   Unplatted Lot. A lot whose recording instrument is a deed with legal descriptions. A copy of a survey drawing must accompany all conveyances of new parcels for which plats are not required.
      (121)    U.S.C. The United States Code.
      (122)    USACE. The United States Army Corps of Engineers. a U.S. federal agency under the Department of Defense and a major Army command made up of some 37,000 civilian and military personnel whose mission includes environmental regulation and ecosystem management.
      (123)   Utilities. Utilities are those public or private services which are for the benefit of the general public which include but are not limited to electric, gas, water, sewer, telephone or other service to the public.
      (124)   Variance. A modification of the terms of the relevant regulations which is not contrary to the public interest and where, due to conditions peculiar to this property and not the result of any action by the applicant, a literal enforcement of these Regulations would result in unnecessary and undue hardship to the applicant.
      (125)   Vicinity Map. A drawing located on a submittal which sets forth by dimensions or other means, the relationship of the proposed Subdivision or use to other nearby developments or landmarks and community facilities and services within Summit County in order to better locate and orient the area in question.
      (126)   Walkway. A surfaced walkway, separate from the traveled portion of the roadway, usually of crushed rock or asphalt, and where feasible, follows the existing ground surface.
      (127)   Water bodies. Includes rivers, streams, creeks, drainage ways, lakes and ponds.
      (128)   Watercourse. A natural or artificial waterway, such as a stream or river, with a defined bed and channel and a definite direction of course that is contained within, flows through, or borders the community.
      (129)   Watershed. The land areas from which water drains to a given point, the drainage basin in which the Subdivision is located or that land whose drainage is affected by the Subdivision.
      (130)   Wetlands. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated hydric soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
      (131)   Western Reserve Land Conservancy. An Ohio non-profit corporation for the purpose of the conservation of land and open space.
      (132)   Yard. A required open space included as part of a lot which is unoccupied and unobstructed by any structure or portion of any structure.
         A.   Yard, Front. A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
         B   Yard, Rear. A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
         C   Yard, Side. A yard extending from the principal building between the lines establishing the front and rear yards.
      (133)   Zoning. The legal right for local governments to regulate the use of real property to prevent conflicting land uses and promote orderly development. Such rights include, but are not limited to regulating: the use, height, bulk, and location, including percentage of lot occupancy, building setback lines, and other structures (Zoning powers of Townships are also defined in O.R.C. § 519.02).
         (Res. 2008-026. Adopted 3-17-08; Ord. 2011-254. Adopted 6-20-11; Ord. 2015-561. Adopted 1-25-16; Ord. 2018-236. Adopted 6-18-18; Ord. 2023-339. Adopted 11-27-23.)