(a) Interpretation of Terms. For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:
(1) The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(2) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3) The word "shall" is a mandatory requirement, the "may " is a permissive requirement, and the word "should" is a preferred requirement.
(4) The words "used or occupied" includes the words "intended, designed, or arranged to be used or occupied".
(5) The word "lot" includes the words "plot" or "parcel".
(b) Definitions. For the purpose of these Subdivision Regulations, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
(1) "Accessory Structure." Any regulated structure which is not a principal structure. Examples are detached garages, utility sheds, barns, fences, and freestanding signs.
(2) "Alley." See "Thoroughfare, Street or Road" as defined in this section.
(3) "As-built plans." A drawing that represents a true location of what is being measured or what has already been built in the field, such as water and sewer lines.
(4) "Assurance of Completion." A contract secured by a performance bond or other guarantee or security satisfactory to the City Council, guaranteeing completion of public improvements which are required by these regulations.
(5) "Base Flood." Referred to in floodway computations, the base flood is the elevation that is reached from a flood of 100-year frequency.
(6) "Berm." A continuous raised earthen mound with a flattened top and sloped sides capable of supporting live landscaping materials.
(7) "Bikeway" or "Bicycle Path." An area specifically designated for bicycling, which is physically separated from motorized vehicular traffic by an open space or barrier, either within the highway right-of-way or within an independent right-of-way.
(8) "Block." A parcel of land within a subdivision which is bounded by streets, or is bounded by streets and the exterior boundary of the subdivision.
(9) "Board of Zoning Appeals" or "Board." The Board of Zoning Appeals of the City.
(10) "Boulevard." A landscaped median which separates traffic moving in opposite directions. "Boulevards" may vary from one another in both length and width.
(11) "Building Elevations and Models." Throughout a residential development, the same model with the same front elevation shall not appear on more than two adjacent houses on the same side of the street. The same model with the same front elevation shall not appear directly across the street or side by side to the house directly across the street. Streets shall not count as a lot when applying the above formula. When the lot in question is a corner lot, no more than two lots at the same corner shall have the same model with the same front elevation.
(12) "Building Limits." An area designed on the plat which defines the limits within which a building may be placed.
(13) "Building Pad." A building site prepared by artificial means, including but not limited to grading, excavation, or filling, or any combination thereof.
(14) "Building Setback Line." See "Setback Line" as defined in this section.
(15) "Channel." A natural stream or drainage way that conveys water; a ditch excavated for the flow of water.
(16) "City." The City of Trenton, Butler County, Ohio.
(17) "City Administrator." The City Manager or their duly authorized representative.
(18) "City Council." The Council of the City of Trenton.
(19) "City Inspector" The service director of the City or their duly authorized representative.
(20) "Concentrated Storm Water Runoff." Surface runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels, culverts, dry wells, or storm sewers.
(21) "Conservation." The wise use and management of natural resources.
(22) "Corner Lot." See "Lot Types" as defined in this section.
(23) "County." County of Butler, State of Ohio.
(24) "County Engineer." The Engineer of Butler County, State of Ohio.
(25) "Covenant." A written promise or pledge.
(26) "Crosswalk." Any portion of a street or road, whether at an intersection or elsewhere, which is identified for pedestrian crossing by lines, pavement or other markings on the surface.
(27) "Cul-de-sac." See "Thoroughfare, Street or Road" as defined in this section.
(28) "Culvert." A closed conduit for the passage of surface drainage under a street, driveway or other embankment.
(29) "Cut and Fill Slope." A portion of a land surface or area from which soil material is excavated and/or filled, forming a slope or embankment.
(30) "Developer." An individual, group of individuals, subdivider, firm, association, syndicate, partnership, corporation, trust, organization or any other legal entity commencing proceedings, under these regulations, to engage in the subdivision and improvement of land hereunder for themselves or for another.
(31) "Development Area." Any tract, lot or parcel of land or combination of tracts which are in one ownership, or are contiguous and in diverse ownership where earth- disturbing and improvement activity is to be performed.
(32) "Development Plan." A detailed engineered drawing of a commercial, industrial, institutional or residential development project, showing proposed buildings and structures with typical elevation, existing site conditions, and proposed improvements with sufficient detail for agency review, approval, and subsequent construction.
(33) "Dimensions." Geometric measurements in length and width which denote a physical area (i.e., a lot or street right-of-way).
(34) "Ditch." An open channel either excavated or natural for the purpose of drainage or irrigation.
(35) "Driveway." Hard surfaced vehicular paths for vehicles leading from the improved street or road to a garage or house (ingress/egress).
(36) "Earth-Disturbing Activity." Any dumping, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed and which may result in or contribute to erosion and sediment pollution.
(37) "Earth Material." Soil, sediment, rock, sand, gravel, and organic material or residue associated with or attached to the soil.
(38) "Easement." A grant by a property owner to an individual, group of individuals, organizations or any other legal entity, to cross property lines to accommodate the provision of water and sewer lines, drainage, and/or access for a specified purpose.
(39) "Easement, Utility." An easement granted for installation and/or maintenance of public utilities, which includes but is not limited to maintenance of vehicle sight distances, street maintenance, the placement of storm water drainage, sewer, water, natural gas, electric, telephone, cable television or other facilities or utilities.
(40) "Engineer." Any person registered to practice professional civil engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.
(41) "Erosion." The process by which the land surface is worn away by the action of water, wind, ice, or gravity, and which includes the following"
A. "Accelerated erosion." A process that is much more rapid than natural or geologic erosion, and is primarily a result of the activities of man.
B. "Channel erosion." The erosion process whereby the volume and velocity of a concentrated flow wears away the bed and banks of a well-defined channel.
C. "Floodplain erosion." Abrading and wearing away of the nearly level land situated on either side of a channel due to overflow and flooding.
D. "Gully erosion." The erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt, and actively removes the soil from this narrow area to considerable depths, such that the channel would not be obliterated by normal smoothing or tillage operations.
E. "Natural erosion" or "Geologic erosion." The wearing away of the earth's surface by water, wind, or ice under natural environmental conditions that are undisturbed by man.
F. "Rill erosion." An erosion process in which numerous small channels only several inches deep are formed, which if not corrected can become gullies. Normal tillage operations can remove the rills.
G. "Sheet erosion." The removal of a fairly uniform layer of soil from the land surface as a result of raindrop splash and runoff.
(42) "Erosion and Sediment Control." A system of structural and/or vegetative measures that minimize soil erosion and off-site sedimentation.
(43) "Erosion and Sediment Control Plan." An erosion and sediment control strategy or plan developed to minimize erosion and prevent off-site sedimentation by containing sediment on-site or by passing sediment laden runoff through sediment control measures. The "Erosion and Sediment Control Plan" may be referred to as a Sediment Control Plan.
(44) "Face Brick, Nonresidential." Kiln-baked clay or shale masonry units, the exterior dimension of which shall not exceed 4 inches deep by 4 inches high by 12 inches long, and the individual shape of which shall be rectangular in appearance. Such brick shall be used as an exterior building wall material for a nonresidential building.
(45) "Face Brick, Residential." Kiln-baked clay or shale masonry units, the exterior dimensions of which shall not exceed accepted industry standards for residential brick units, except that no such unit shall be less than three and five-eighths of the unit. Such bricks shall be used as an exterior building wall material for a residential dwelling building.
(46) "Final Plat." A plat of a subdivision which, when approved by the City and filed with the County Recorder, creates legal lots which may be sold by the subdivider without further City approval, and dedicates streets, easements and other lands to the public use. Also commonly called a "Record Plan."
(47) "Floodplain (100-year)." The lands within the City subject to a 1% chance of flooding in any given year.
(48) "Floodway." The channel of a river or other watercourse and the immediately adjacent land areas that must be reserved, as defined by the Federal Emergency Management Agency (FEMA), in order to discharge the base flood without simultaneously increasing the water surface elevation more than one foot.
(49) "Grading." Earth-disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(50) "Grubbing." Removing, clearing or scalping material such as roots, stumps, or sod.
(51) "Highly Erodible Soil." A portion of a land surface that is very susceptible to erosive forces and is characterized by steep slopes or long slopes.
(52) "Improvements." The provision of street pavement, curbs, gutters, sidewalks, sanitary sewer, drainage facilities, water services, street lights, flood control, utility lines, landscaping, and such other facilities as may be required for subdivision and development of land under the requirements specified by these Subdivision Regulations.
(53) "Land Use Plan." The long-range plan for the desirable use of land in the City as officially adopted and amended from time to time by the Planning Commission and City Council, the purpose of such plan being to serve as a guide in the zoning of the land to meet changing community needs, in the appropriate subdividing and development of underdeveloped land, and in the acquisition of rights-of-way or sites for such public facilities as streets, parks, schools, and other public buildings.
(54) "Location Map." See "Vicinity Map" as defined in this section.
(55) "Lot." For purposes of these regulations, a "Lot" is a parcel of land that is sufficient in size to meet minimum zoning requirements for use, coverage and area, as well as to provide such yards and other open spaces as are herein required and as required by zoning. All lots shall have frontage on an improved street and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, or portions of lots of record.
(56) "Lot Area." The total computed land area contained within the lot lines, exclusive of any portion of a public right-of-way or a private access easement that is usually expressed in square feet or in acres and fractions thereof.
(57) "Lot Frontage." That portion of a lot running along the boundary of any public or private thoroughfare. Where the lot is located on a curve in the road, the "Lot Frontage" may be measured along the extent of the curved building line, provided that the side property lines run radial to the curve.
(58) "Lot Measurements." A lot shall be measured as follows:
A. "Depth of a lot" shall be considered to be the mean horizontal distance measured from the midpoint of the front lot lines to the midpoint of the rear lot lines.
B. "Depth of a corner lot" shall be considered to be the mean horizontal distance between the established front and side lot lines (whichever lot line is opposite from the established front lot line). This shall be measured along one front yard and one side yard perpendicular to the front yard.
C. "Width of a lot" shall be considered to be the mean width of the lot measured at right angles to its depth as measured at the front setback.
(59) "Lot of Record." A lot which is part of a subdivision approved by the Planning Commission and recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(60) "Lot Types." Terminology used in these regulations with reference to corner lots, interior lots and through lots is as follows:
A. "Corner lot." A lot abutting upon two 2 or more streets at their intersection, or upon 2 parts of the same street, such streets or parts of the same street forming an interior angle of less then 135 degrees.
B. "Double frontage lot." A lot other than a corner lot with frontage on more than one street.
C. "Interior lot." A lot other than a corner lot with frontage on only one street.
(61) "Maintenance Bond." An agreement by a developer with the City, for a dollar amount determined by City Council, which is based upon construction cost. The "Maintenance Bond" is used as a guarantee against any deficiencies which might develop over a predetermined period of time in the physical improvements which have been constructed within a subdivision.
(62) "Map." A scaled drawing of a parcel of land or subdivision of land.
(63) "Minor Subdivision" or "Lot Split." A division of a parcel or lot of land into 5 buildable lots or less that does not therefor require a record plat to be approved by the Planning Commission as specified in Ohio R.C. 711.131.
(64) "Monuments." Permanent concrete or iron markers used to establish boundary lines of the subdivision plat and points of change in street alignments.
(65) "Open Space." An open area that may be on the same lot with a building. The area may include, along with the natural environmental features, improvements such as swimming pools, tennis courts, playgrounds, ball fields and other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation and the like shall not be included.
(66) "Owner." An individual, group of individuals, organization or any other legal entity having sufficient proprietary interest in land sought to be subdivided under requirements specified by these Subdivision Regulations.
(67) "Parcel." Synonymous with lot.
(68) "Park." An area of land containing pasture, woods, lakes and/or open space which is used for public recreational purposes.
(69) "Parking Area, Public." An improved (hard-surfaced and striped) open area, other than a street or other public way, which is used for the parking of motor vehicles and available to the public whether for a fee, free, or as an accommodation for clients or customers.
(70) "Parking Space." A permanently surfaced area of not less than 162 square feet, which is either contained within a structure or in the open, exclusive of driveways or access drives, used for the parking of 1 motor vehicle.
(71) "Performance Bond." An agreement by a developer with the City for an amount determined by City Council, which is based upon an established construction cost for any incomplete work of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications that have been approved by the City.
(72) "Person." Any individual, firm, corporation, partnership, Limited Liability Company or other legally cognizable entity.
(73) "Planned Unit Development." An alternative means of development that is planned to integrate a variety of uses in which lot size, setback lines, yard areas and building types may be varied and modified in order to achieve specific design objectives.
(74) "Planning Commission." A board, as defined by Ohio R.C. 713.22, which makes decisions concerning subdivisions and zoning-related issues within the City.
(75) "Plat." The drawing on which the developer's plan for a subdivision (preliminary or final) is presented to the City Planning Commission for a decision as stipulated in Chapter 1206 of these regulations.
(76) "Plat of Survey." A land survey performed by a professional surveyor, which identifies a minor subdivision or lot split.
(77) "Preliminary Plat" A tentative proposal for the subdivision of land under the regulations specified by these Subdivision Regulations, submitted in map form to the Planning Commission for its consideration according to the procedures stipulated in Chapter 1206 of these regulations.
(78) "Principal Structure." Any regulated structure, if it is the only regulated structure on a lot. Where there are two or more regulated structures on a lot, each regulated structure which encloses or comprises the principal land use occurring on the lot is a "Principal Structure". For example, on a typically developed residential lot, the home is the only "Principal Structure". See also the definition for "Accessory Structure" in these regulations.
(79) "Public Access Easement." A conveyance of an interest in land granting certain rights of access to the public and certain rights of control to the City, but retaining private ownership of the servient estate and a private duty to maintain the property in support of the access conveyed.
(80) "Public Way." An alley, avenue, boulevard, bridge, channel, ditch easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, or other way in which the general public or public entity have a right of travel, or which are dedicated for travel purposes, whether improved or not.
(81) "Regulated Structure." Any building or structure for which a governmental permit is required for construction, installation, or maintenance.
(82) "Re-Plat." A new recording of a previously recorded subdivision in which the purpose is to modify some portion of the originally recorded plat.
(83) Retention Structure." A permanent structure that provides for the long-term storage of runoff by means of a permanent pool of water.
(84) "Right-of-Way." One or more strips of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates curbs, planting strips, sidewalks, lighting, utilities and drainage facilities, and may include special features required by the topography or treatment, such as grade separation, landscaped areas, viaducts and bridges.
(85) "Road." See "Thoroughfare, Street or Road" as defined in this section.
(86) "Roundabout." A means of traffic control encouraging continuous slow-moving traffic flow as opposed to stopping traffic through the use of signs or signalization.
(87) "Runoff." The portion of rainfall, melted snow or irrigation water that flows across the ground surface and is eventually returned to streams.
(88) "Sanitary Sewers." An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
(89) "Sediment." Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity, or ice, and has come to rest on the earth's surface.
(90) "Sediment Basin." A settling pond meeting or exceeding the design specifications of a temporary containment basin as defined in water management and sediment control for urbanizing areas.
(91) "Sediment Control." The limiting of sediment transport by controlling erosion, filtering sediment from water, or detaining sediment-laden, water allowing sediment to settle out.
(92) "Sediment Pollution." The resulting failure to use management or conservation practices to either control wind or water erosion of the soil or minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil-disturbing activities on land used or being developed for non-farm commercial, industrial, residential, or other non-farm purposes.
(93) "Setback." The actual distance between a regulated structure and a front, rear or side lot line. See also the definitions for "Setback Line" and "Yard" in these regulations.
(94) "Setback Line" or "Minimum Setback Line." The required minimum distance from property boundaries to any principal structure. See also the definitions for "Yard" and "Setback" in these regulations.
(95) "Sidewalk." That portion of the road right-of-way outside the roadway which is improved to a width of 5 feet or more for the use of pedestrian traffic. See the definition for "Walkway" in these regulations.
(96) "Storm Water Management." Runoff water safely conveyed or temporarily stored and released at an allowable rate to minimize erosion and flooding.
(97) "Street." See "Thoroughfare, Street or Road" as defined in this section.
(98) "Structure." Anything constructed, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
(99) "Subdivider." See "Developer" as defined in this section.
(100) "Subdivision."
A. The division of any parcel of land into two or more parcels for the purpose, whether immediate or future, of transfer of ownership; or
B. The improvement of one or more parcels of, and involving the division or allocation of land for the opening, widening or extension of any street or streets, the creation of open spaces for common use by abutting properties, or easements for extension and maintenance of public utilities.
(101) "Subdivision Review Staff." The Planning and Zoning Administrator and/or the City's staff and/or consulting engineer, and/or such department heads and other persons as either of them or the City Manager may from time to time involve in the review process.
(102) "Surveyor." Any person registered to practice as a professional surveyor in the State of Ohio as specified in Ohio R.C. Chapter 4733.
(103) "Thoroughfare Plan." The Official Thoroughfare Plan as adopted, and as amended from time to time, by the City of Trenton, Butler County, Ohio, establishing the general location and official right-of-way width of streets in the City, and which is on file in the City Building.
(104) "Thoroughfare, Street or Road." A hard surface area which is used to accommodate vehicular traffic, and designated as follows:
A. "Alley." A narrow public or private way affording only secondary means of access to abutting properties.
B. "Collectors." Roads that carry primarily local traffic. Additionally, they provide links for short distance trips.
C. "Cul-de-sac." A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround which may or may not feature a landscaped island. A" Cul-de-sac" that features a boulevard for most of its length shall be known as a "close".
D. "Dead-end/stubbed street." A street temporarily having only 1 outlet for vehicular traffic and intended to be extended or continued in the future.
E. "Local streets." These streets provide access to individual properties that abut them. In addition, they provide access to the collector and arterial systems on a local level.
F. "Minor arterial." Similar in function to a principal arterial, though usually carrying less traffic. These thoroughfares consist of State and U.S. highways, County and City roads that distribute traffic from principal arterials to other street systems.
G. "Permanent dead-end street." A street, without a cul-de-sac turnaround, having only one outlet for vehicular traffic and not intended to be extended or continued in the future.
H. "Principal arterial." Generally State and U.S. highways and heavily traveled County and City roads which carry both local and non-local traffic.
I. "Private street." Any area improved for vehicular traffic, which has not been dedicated to the City and accepted by the City for both public use and public maintenance. "Private street," "Private drive," and "Driveway" are synonymous.
J. "Public street." A street that has been dedicated and accepted by the City for use by the general public.
(105) "Trees."
A. "Street tree." A tree installed in the right-of-way area adjacent to a street. Only those trees identified in the list of approved street trees shall be planted, either by the City, or the developer of a residential subdivision, in order to improve both the visual and environmental qualities of the streetscape. In no case, unless specifically granted permission by the City, shall a street tree be planted adjacent to a cul-de-sac, local or collector street.
B. "Front yard tree." A tree installed within the green space area of a required front yard in a residential zoning district.
(106) "Variance." A grant of relief resulting in the modification of the strict terms of these regulations where such modifications will not be contrary to the public interest and where, owing to physical conditions peculiar to the property and not the direct result of the action of the applicant, a literal enforcement of these regulations would result in unnecessary and undue hardship.
(107) "Vertical Visibility." The minimum unobstructed distance between the top of an object 4 inches high placed on the centerline of a street and another point on the centerline of the same street located 4.5 feet above the surface thereof.
(108) "Vicinity Map." A small map that is located on the subdivision plat, which sets forth by dimensions or other means the relationship of the proposed subdivision to nearby developments or landmarks and community facilities within the City in order to better locate and orient the area in question.
(109) "Walkway." A public way intended for pedestrian use only, whether along the side of a road or connecting properties.
(110) "Watershed." The total drainage area contributing runoff to a single point.
(111) "Wetlands." Surface areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas (1987 Corp of Engineers Wetland Delineation Manual).
(112) "Yard." An open space other than a court which is unoccupied and unobstructed from the ground upward except by accessory structures.
A. "Front yard." A yard extending the full width of the lot between a principal structure and a front lot line.
B. "Rear yard." A yard extending the full width of the lot between a principal structure and the rear lot line.
C. "Side yard." A yard between a principal structure and the nearest side lot line extending from the front yard to the rear yard.
(Ord. 12-2002. Passed 7-2-02; Ord. 32-2002. Passed 12-5-02; Ord. 22-2004. Passed 8-10-04; Ord. 22-2006. Passed 9-7-06.)