All words used in these Subdivision Regulations shall have their customary meanings, first as defined in this Section then in Webster's New World Dictionary; and then Rainwater and Land Development, latest edition.
(a) Interpretation of Terms. For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:
(1) Wherever required by the context, words in the singular number shall be construed as plural and words in the plural as singular, and the use of any gender shall include all genders.
(2) The word "shall" is a mandatory requirement, the "may" is a permissive requirement, and the word "should" is a preferred requirement.
(3) The words "used or occupied" includes the words "intended, designed, or arranged to be used or occupied".
(4) 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 on the same lot and of nature customarily incidental and subordinate to the principal structure. Examples include, but are not limited to, detached garages, utility sheds, fences, and freestanding signs.
(2) Alley. See Thoroughfare, Street or Road as defined in this section.
(3) Appeal. A request for review of the floodplain administrator's interpretation of any provision of these regulations or a request for a variance.
(4) Approval Authority. See Authorized Agent.
(5) 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.
(6) 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.
(8) Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1%) chance annual flood or one hundred (100) year flood.
(9) Base (100-Year) Flood Elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
(10) Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
(11) Berm. A continuous raised earthen mound with a flattened top and sloped sides capable of supporting live landscaping materials.
(12) Bike Trail. Segregated facilities such as roads, tracks, paths or other marked lanes designated for use by bicyclist and pedestrians where motorized vehicles are prohibited.
(13) Block. A parcel or group of parcels of land within a subdivision which is bounded by streets or other rights-of-way, or is bounded by streets and the exterior boundary of the subdivision.
(14) Bond. An agreement by a developer with the City for 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's Authorized Agent. A Performance Bond is a form of a performance guarantee.
(15) Boulevard. A landscaped median which separates traffic moving in opposite directions. "Boulevards" may vary from one another in both length and width.
(16) Buffer. A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Construction activities in this area are restricted or prohibited.
(17) Building Limits. An area designed on the final record plat which defines the limits within which a building may be placed.
(18) Building Pad. A building site prepared by artificial means, including but not limited to grading, excavation, or filling, or any combination thereof.
(19) Building Setback Line. See Setback Line as defined in this section.
(20) Cash Bond. An arrangement wherein a party gives to another an amount of money to secure the fulfillment of an obligation, which is a form of a performance guarantee. In cases where the party fails to comply with the obligation, the money is forfeited in favor of the latter.
(21) Channel. A natural stream or drainage way that conveys water; a ditch excavated for the flow of water.
(22) City. The City of Troy, Miami County, Ohio.
(23) City Council. The Council of the City of Troy, Ohio.
(24) City Engineer. The Engineer of the City of Troy, Ohio or duly authorized representative.
(25) Corner Lot. See Lot Types as defined in this section.
(26) County. County of Miami, State of Ohio.
(27) County Engineer. The Engineer of Miami County, State of Ohio.
(28) Covenant. A written agreement, promise, or pledge.
(29) Critical Storm: A storm which is calculated by means of the percentage increase in volume of runoff by a proposed activity or development area. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a site.
(30) 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.
(31) Cul-de-sac. See Thoroughfare, Street or Road as defined in this section.
(32) Culvert. A closed conduit for the passage of surface drainage under a street, driveway or other embankment.
(33) Cut: An excavation. The difference between a point on the original grade and a designated point of lower elevation on the final grade.
(34) Detention Basin. An impoundment area created by constructing an embankment, excavating a pit, or both, for the purpose of temporarily storing stormwater.
(35) Detention Facility. A detention basin or alternative structure designed to temporarily store stormwater runoff and gradually release the stored water at a controlled rate.
(36) Detention Structure. A permanent structure that provides for temporary storage for water runoff. Detention Structures are expected to be dry under normal conditions.
(37) 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.
(38) Development. Any manmade 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 or storage of equipment or materials.
(39) 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.
(40) 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.
(41) Dimensions. Geometric measurements in length and width which denote a physical area (i.e., a lot or street right-of-way).
(42) Director. The Director of Public Service and Safety or duly authorized representative.
(43) Ditch. An open channel either excavated or natural for the purpose of drainage or irrigation.
(44) Driveway. Hard surfaced vehicular paths for vehicles leading from the improved street or road to a garage or house.
(45) Earth Disturbing Activity: Any grading, excavation, filling, or other alteration of the earth's surface where natural or manmade ground cover is destroyed.
(46) 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 vehicle sight distances, street maintenance, the placement of stormwater drainage, watercourses, sewer, water, natural gas, electric, telephone, cable television or other specified purposes.
A. Utility easements shall be established for all utilities that are shown outside of the right-of-way. Utility easements shall normally be ten feet (10') in width, with five feet (5') on each side/rear of the lot line. A ten feet (10') easement shall be located along the front lot line. Greater widths may be required if necessitated by unusual circumstances or proposed infrastructure.
B. Drainage easements shall encompass all watercourses within a subdivision.
C. Specific use easements may be identified as applicable in the development.
(47) Enclosure Below the Lowest Floor. See "Lowest Floor."
(48) Engineer. Any person registered to practice professional civil engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.
(49) Escrow Agreement. A written agreement, which is a form of a performance guarantee, that defines the basic obligations of money (or other valuables) to be deposited in escrow, and how the escrow is to be released.
(50) Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this federal order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
(51) Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program (NFIP).
(52) Fill. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the resulting grade conditions. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
(53) Final Record 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 developer without further City approval, and dedicates streets, easements and other lands to the public use. Also known as a Record Plan (from the Planned Developments Section of the Zoning Code) typically a map or plan drawn to scale of one or more parcels, tracts or subdivisions of land, showing, but not limited to, boundaries, corners, markers, monuments, easements and other rights.
(54) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters, and/or
B. The unusual and rapid accumulation or runoff of surface waters from any source.
(55) Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
(56) Flood Insurance Risk Zones. Zone designations on FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
A. Zone A. Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
B. Zones A1-30 and Zone AE. Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
C. Zone AO. Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
D. Zone AH. Special flood hazard areas inundated by the 100-year flood; flood depths of one (1) to three (3) feet (usually areas of ponding); base flood elevations are determined.
E. Zone A99. Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
F. Zone B and Zone X (shaded). Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than one (1) square mile; and areas protected by levees from the base flood.
G. Zone C and Zone X (unshaded). Areas determined to be outside the 500-year floodplain.
(57) Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
(58) Floodplain Administrator. The Director of Public Service and Safety or his designee administers and implements the floodplain regulations.
(59) Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation plus two (2.0) feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the base flood elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.
(60) Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one (1) foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
(61) Freeboard. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
(62) Historic Structure. Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the U.S. Secretary of the Interior as meeting the requirements for individual listings on the National Register; or
B. Certified or preliminarily determined by the U.S. Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
C. Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office; or
D. Individually listed on the inventory of historic places maintained by the City, which is certified by the Ohio Historic Preservation Office.
(63) Hydrologic and Hydraulic Engineering Analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(64) 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.
(65) 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 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. Also known as the Comprehensive Plan.
(66) Letter of Credit. A letter from a bank guaranteeing that payment will be received on time and for the correct amount as form of a performance guarantee. In the event that the letter of credit is unable to cover payment, the bank will be required to cover the full or remaining amount.
(67) Letter of Map Change (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are divided into the following categories:
A. Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
B. Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
C. Conditional Letter of Map Revision (CLOMR). A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
(68) Location Map. See Vicinity Map as defined in this section.
(69) 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; or
B. A portion of a lot of record; or
C. A combination of complete lots of record, or portions of lots of record.
(70) 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.
(71) 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.
(72) 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.
(73) Lot of Record. A lot which is part of a subdivision approved by the City 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.
(74) 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 two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than 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.
(75) Lowest Floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
(76) Maintenance Guarantee. An agreement by a developer with the City, for a dollar amount determined by the City's Authorized Agent, which is based upon construction cost. The Maintenance Guarantee is an assurance against any deficiencies which might develop over a predetermined period of time in the physical improvements which have been constructed within a subdivision.
(77) Major Subdivision. A division, or lot split, of a parcel or lot of land into more than five (5) buildable lots or more that requires a final record plat be approved by the Planning Commission as specified in Ohio R.C. 711.131.
(78) Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Ohio R.C. Chapter 3733.
(79) Manufactured Home Park. As specified in the O.A.C. 3701-27-01, a manufactured home park means any tract of land upon which three (3) or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three (3) or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
(80) Map. A scaled drawing of a parcel of land or subdivision of land.
(81) Minor Subdivision. A division, of a parcel or lot of land into five (5) buildable lots or less that does not therefore require a final record plat to be approved by the Planning Commission as specified in Ohio R.C. 711.131. A minor subdivision does not require the opening, widening or extension of any street, it may be submitted to the City's Authorized Agent for approval without a preliminary plan, provided, however, that a cumulative total of no more than five (5) lots shall be permitted on one (1) parcel of land without a replat.
(82) Monuments. Permanent concrete or metal markers used to establish boundary lines of the subdivision and points of change in street alignments. Monuments shall comply with O.A.C. Chapters 4733-37.
(83) National Flood Insurance Program (NFIP). The NFIP is a federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the federal government will make flood insurance available within the community as a financial protection against flood loss.
(84) New Construction. Structures for which the "start of construction" commenced on or after the initial effective date of the City's FIRM or for properties subsequently annexed, the initial date of the Miami County's FIRMs; and includes any subsequent improvements to such structures.
(85) Non-Storm water Discharges. Sources of discharged water that are substantial contributors of pollutants of an MS4 permitholder, such as: water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated groundwater infiltration (infiltration is defined as water other than wastewater that enters the sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from inflow); uncontaminated pumped groundwater; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; water from crawlspace pumps; footing drains; lawn water; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharges or flows from fire-fighting activities. These non-storm water discharge sources are authorized unless the Ohio EPA has determined and notified the development in writing otherwise.
(86) Non-structural Controls. Stormwater runoff control and treatment techniques that use natural measures to control runoff and/or reduce pollution levels, and do not require extensive construction efforts and/or do promote runoff control and/or pollutant reduction by eliminating the runoff and/or pollutant source. Examples include minimizing impervious area, buffer strips along streams, and preserving natural vegetation.
(87) 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 City deems permissive. Streets, stormwater structures, structures for habitation and the like shall not be included.
(88) 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.
(89) Parcel. Any legally described piece of land created by a partition, subdivision, deed or other instrument recorded with the appropriate entity or agency. Parcel is synonymous with lot.
(90) Park. An area of land containing pasture, woods, lakes and/or open space which is used for public or private recreational purposes.
(91) Park Board. The Board of Park Commissioners for the City of Troy.
(92) 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.
(93) Peak Rate of Runoff. The maximum rate of runoff for any twenty-four (24) hour storm of a given frequency.
(94) Performance Bond. See Bond.
(95) Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio R.C. Chapter 1111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.
(96) Plan. See Preliminary Plan.
(97) Planned [Unit] Development (PD or PUD). See the Chapter 1145, Planned Developments in the City of Troy Codified Ordinances for specific requirements and definitions.
(98) Planning Commission. The Planning Commission of the City of Troy, Ohio.
(99) Plat. See Final Record Plat.
(100) Pre-Development Conditions. Site conditions as they existed prior to manmade alterations and/or activities.
(101) Preliminary Plan. A tentative proposal for the subdivision of land that may include: information relative to roads, lighting, landscaping, natural features, access, soil erosion, and stormwater management submitted in map form to the Planning Commission for a decision as set forth in these regulations.
(102) 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.
(103) 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.
(104) Public Way. An alley, avenue, boulevard, bridge, expressway, freeway, highway, land, parkway, recreational trail, right-of-way, road, sidewalk, street, 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.
(105) Recreational Trail. A path for recreational uses for pedestrians, cyclists and other recreational uses. Motorized vehicles are prohibited
(106) Recreational Vehicle. A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self-propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(107) Registered Architect. A person registered to engage in the practice of architecture under the provisions of sections Ohio R.C. Chapter 4703.01 to 4703.19.
(108) Registered Professional Engineer. A person registered as a professional engineer under Ohio R.C. Chapter 4733.
(109) Registered Professional Surveyor. A person registered as a professional surveyor under Ohio R.C. Chapter 4733
(110) Regulated Structure. Any building or structure for which a governmental permit is required for construction, installation, or maintenance.
(111) Replat. A new recording of a previously recorded subdivision in which the purpose is to modify some portion of the originally final record plat.
(112) Retention Structure. A permanent structure that provides for the long-term storage of runoff of water. Retention Structures retains a permanent pool of water.
(113) 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.
(114) Road. See Thoroughfare, Street or Road as defined in this section.
(115) Roundabout. A means of traffic control encouraging continuous slow-moving traffic flow as opposed to stopping traffic through the use of signs or signalization.
(116) 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.
(117) Sediment Basin. A barrier, dam or other facility built to reduce the velocity of water in order to settle and retain sediment.
(118) 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.
(119) 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.
(120) Sidewalk. That portion of the road right-of-way outside the roadway which is improved to a width of five (5) feet or more for the use of pedestrian traffic. See the definition for Walkway in these regulations.
(121) Site Development Plan. The written document, or set of plans, that meets the requirements of this Section that provides information on the location of the area proposed for development, the site in relation to its general surroundings, and existing characteristics of the site, including limits of activities.
(122) Special Flood Hazard Area. Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by FEMA on FIRMs, in Flood Insurance Studies, on Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1 30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
(123) Start of Construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
(124) Steep Slope. A slope over fifteen percent (15%) or greater grade, which is characterized by increased run-off, erosion and sediment hazards.
(125) Stop-Work Order. An order issued which requires that all work on the site must cease except work associated with bring the site into compliance with the approved SWP3 or Site Development Plan.
(126) Stormwater Management. Runoff water safely conveyed or temporarily stored and released at an allowable rate to minimize erosion and flooding.
(127) Stormwater Management Plan (SMP). The written document that meets the requirements of these subdivision regulations and that sets forth the plans and practices to be used to minimize stormwater runoff from a site and to safely convey or temporarily store and release post-development stormwater runoff at an allowable rate to minimize flooding and erosion
(128) Stormwater Pollution Prevention Plan (SWP3). The document required by the Ohio EPA for compliance with its NPDES Construction Activity General Permit #OHC00000 or current permit. A SWP3 is required as part of the City's Stormwater Management Plan described above and in this regulation.
(129) Storm Frequency. The average period of time (in years) within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
(130) Street. See Thoroughfare, Street or Road as defined in this section.
(131) Structural Controls. Any manmade facility, structure, or device that is constructed to provide temporary storage and/or treatment of stormwater runoff. Examples include retention and detention basins, rock check dams, swales, and constructed wetlands.
(132) Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground. The use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
(133) 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.
(134) Subdivision Review Staff. The City Engineer, the Zoning Administrator and/or the City's staff, and/or such department heads and other persons as appointed by the Director of Public Service and Safety may be involved in the review process.
(135) Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. Substantial damage also means flood related damage sustained by a structure on two (2) separate occasions during any ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.
(136) Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. When the combined total of all previous improvements or repairs made during the life of the structure equals or exceeds fifty percent (50%) of a structure's market value, those improvements are collectively considered a substantial improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. Substantial improvement does not, however, include:
A. Any improvement to a structure which is considered "new construction,"
B. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
C. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".
(137) Surrounding Neighborhood. All the principal residential buildings within 250 feet, measured in all directions from the subject property lines.
(138) Surveyor. Any person registered to practice as a professional surveyor in the State of Ohio as specified in Ohio R.C. Chapter 4733.
(139) Swale. A low lying stretch of vegetated land which gathers and carries surface water.
(140) Temporary Vegetation. Short term vegetative cover such as oats, rye, or wheat, used to stabilize the soil surface until final grading and installation of permanent vegetation.
(141) Thoroughfare Plan. The Official Thoroughfare Plan, a part of the Comprehensive Plan, as adopted, and as amended from time to time, by the City of Troy, Miami 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.
(142) 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. A street system that has more emphasis on land access than arterials and provide intra-community continuity, but ideally should not penetrate identifiable neighborhoods by distributing trips from the arterial thoroughfares to a local street or vice versa.
C. Cul-de-sac. A local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnaround which may or may not feature a landscaped island.
D. Dead-end/stubbed street. A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future.
E. Local (residential) 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. These streets can be cul-de-sacs or small connectors that are not intended for through traffic usage.
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. The system should carry a high proportion of the total urban area travel on a minimum of mileage. Typically having traffic volumes greater than 10,000 ADT.
G. Permanent dead-end street. A street, without a cul-de-sac turnaround, having only one (1) 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.
(143) Variance. A grant of relief from the standards of these regulations consistent with the variance conditions as used in Flood Control Standards in Chapter 1125.
(144) Vertical Visibility. The minimum unobstructed distance between the top of an object four inches (4") high placed on the centerline of a street and another point on the centerline of the same street located four and one half (4.5) feet above the surface thereof.
(145) Vicinity Map. A small map that is located on the subdivision final record 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.
(146) Violation. The failure of a structure or other development to be fully compliant with these regulations.
(147) Walkway. A public or private way intended for pedestrian, bicycle or other non-motorized vehicular use only, whether along the side of a road or connecting properties. See the definition for Sidewalk in these regulations.
(148) Watercourse. Any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes) in which waters flow in a definite direction or course either continuously or intermittently and including any adjacent area which is subject to inundation by reason of overflow of flood water.
(149) Watershed. The total drainage area contributing runoff to a single point.
(150) 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. For further definition see the 1987 or most recent Corp of Engineers Wetland Delineation Manual.
(151) Yard. An open space which is unoccupied and unobstructed from the ground upward except by 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. 73-2021. Passed 1-18-22.)