Refer to Title One, Chapter 1107 – Rules and Definitions as referenced herein for definitions relating to the Subdivision Regulations, in addition to those listed below.
(1) ATTACHMENT. A required form or application included with these regulations that performs a certain task related to the receipt of pertinent information necessary for the Village to administer these regulations. All attachments and forms included with these regulations are listed in Chapter 1177 of the Codified Ordinances of Waverly, OH.
(3) BOND. A surety or guarantee provided by a third party on behalf of the Owner/Developer and/or his contractor that the public infrastructure improvements will be fully constructed as designed and approved and also to assure the proper operation and maintenance for a period of one year following completion of the improvements. All bonds shall be approved by Village Council whenever a bond is required by these regulations.
(5) COMPREHENSIVE DEVELOPMENT PLAN. A comprehensive land use plan adopted by the Village of Waverly, OH, consisting of, but not limited to: the Comprehensive Development Plan Text, the Master Plan Map, the Zoning Ordinance, the Capital Improvements Report, 5 Year Plan, and these Subdivision Regulations.
(6) COUNCIL. The collective body of the Village Council of Waverly, OH as established by the Charter passed May 5, 1970.
(7) COUNTY RECORDER. The County Recorder’s Office of Pike County, OH.
(8) CUL-DE-SAC. A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement.
(9) DEVELOPER. The owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these regulations. Also referred to herein as Owner/Developer.
(10) DEVELOPMENT, RURAL. The general description of the character of the land area or natural environment for a proposed subdivision. The parcels or lots in a subdivision considered a Rural Development shall have lot frontage of 200.00 feet or greater along a public street or roadway and a lot size of 1.0 acres or greater. Generally, a subdivision characterized as a Rural Development is located in an area of relatively low population density. The streets for the development shall intersect an existing state, county, or local street or roadway utilizing open ditch drainage storm water conveyance. The development type shall be contingent upon the existing natural character of the land to be developed, the existing adjoining parcels, and the dimensional criteria listed above; as approved by the Village of Waverly.
(11) DEVELOPMENT, URBAN. The general description of the character of the land area or type of existing development in the vicinity of a proposed subdivision. The parcels or lots in a subdivision considered an Urban Development shall have a lot frontage of less than 200.00 feet along a public street or roadway and a lot size of less than 1.0 acres. Generally, a subdivision characterized as an Urban Development is located in close proximity to main thoroughfares, near the business district, resident areas of relatively high density, or serving a proposed commercial establishment or industrial complex. The development type shall be contingent upon the existing urban character of the land to be developed, the existing adjoining parcels, and the dimensional criteria listed above; as approved by the Village of Waverly.
(12) DIRECTOR. The Community/Economic Development Director for the Village of Waverly, OH, as appointed by the Mayor and approved by Village Council.
(13) EASEMENT. Authorization by a property owner for another to use the owner’s property for a specified purpose.
(14) ENGINEER-VILLAGE. The individual or firm approved by the Mayor, Auditor and Council, either as a part-time or full-time employee, or on a contractual basis as a firm or individual; to review, recommend, approve and/or disapprove and inspect all plans, specifications and construction in relation to public improvements and related infrastructure associated with proposed subdivisions in the Village of Waverly, OH. May also be referred to as “Village Engineering Consultant” as the case may be and where appropriate.
(15) FINAL PLAT. The map of a subdivision prepared by a Surveyor licensed in the State of Ohio to be recorded after approval by the Village Council and any accompanying material as described in these regulations.
(18) HOME OWNERS ASSOCIATION. An organization of property owners of a particular subdivision with the purpose to provide a common basis for preserving, maintaining and enhancing their homes and property via a non-profit corporation or other legal entity. This organization typically provides or arranges for services related to maintaining common property.
(20) MAJOR SUBDIVISION. All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of five (5) or more lots, or any size subdivision requiring any new street or extension of the local government facilities or the creation of any public improvement. See also “SUBDIVISION”.
(21) MAYOR. The duly elected official serving as the Mayor of the Village of Waverly.
(22) MINOR SUBDIVISION. Any subdivision involving five or fewer lots of less than five acres (four lots plus the residual) not involving any new public street/roads. The parcels created shall gain access via an adjoining existing publicly dedicated street or an adjoining existing private street. This form of subdivision shall not adversely impact the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Development Plan. The term “Lot Split” is interchangeable with the term “Minor Subdivision”.
(23) NON-RESIDENTIAL SUBDIVISION. The improvement of one or more parcels of land for commercial or industrial use and structures or groups of structures and the development of a single parcel for commercial and/or industrial commerce including multi-family housing developments. Also referred to as a Commercial Development.
(24) PEDESTRIAN PATHWAY. Located in a subdivision deemed to be a Rural Development in character by the Village of Waverly, a Pedestrian Pathway is a paved walkway four (4) feet in width located on one side of the street connecting the parcels of the subdivision. The paved path may be located to the front of the parcels except where terrain dictates or in order to maximize the natural landscape. When outside of the right-of-way, an easement ten (10) feet in width shall be provided for use of pedestrian pathway by all.
(25) PLANNING COMMISSION. The Planning Commission for the Village of Waverly, Ohio as established by the City of Waverly, Ohio Charter passed May 5, 1970 and by Village Ordinance.
(26) PARCEL. See TRACT.
(27) PLANS. Maps, layouts or visual representations to scale, illustrating the design of any proposed public improvement or layout associated with the subdivision and/or commercial/industrial development. Plans intended for the design of a subdivision’s proposed public improvements are to be prepared by an Engineer licensed in the State of Ohio.
(28) PLAT. A plan, map, drawing or chart on which the subdivider’s plan for subdivision of land is presented and which he submits for approval and is prepared by a Surveyor licensed in the State of Ohio. A map of a parcel of land.
(29) PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Village Planning Commission for approval.
(30) PRIVATE STREET. Any passageway designed for use by motor powered vehicles, upon property owned by one or more persons, firms or corporations where such passageway serves as ingress/egress to the parcels and the roadway has not been accepted into the public system and is maintained by the owners upon which the roadway is located.
(31) PUBLIC IMPROVEMENT. Any drainage ditch, culvert, road, street, sidewalk, off street parking area, water main, sewer main, storm sewer, pump station, grinder pump, street lighting or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
(32) RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, street trees, or any other special use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by the Village shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
(33) STORM WATER. Runoff generated when precipitation from rain events and/or snowmelt flows over land or impervious surfaces and does not percolate into the ground. This runoff when not absorbed by vegetation or infiltration ultimately collects and forms into swales, open channels, streams and other natural conveyance features. Storm water is managed by manmade structures, conveyance systems, and storage systems when necessary.
(34) STORM WATER CONTROL FACILITY. An improvement constructed with the purpose of temporary storage of storm water runoff in excess of that occurring over a specific land area prior to the development of land in the form of a subdivision. Such facilities include, but are not limited to: detention basins, retention basins, parking lot storage, underground storage, or other alternative and innovative storage measures.
(35) SPECIFICATIONS. A document or set of documents either encompassed in a plan or separate from a plan that contain specific recommendations as to the detailed policies and regulations applicable to a focused development scheme.
(37) SUBDIVIDER. Any person who (1) having an interest in land, causes it, directly or indirectly, to be subdivided into a subdivision or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision, and who (4) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing. See also DEVELOPER.
(38) SUBDIVIDER’S AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, or developing, or offering to sell, lease, or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services.
(39) SUBDIVISION. In accordance with Chapter 711.001 of the Ohio Revised Code, The division of any parcel of land shown as a unit or as contiguous units on the last preceding general tax list and duplicate of real and public utility property, 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. However, a 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 that sale or exchange does not create additional building sites; are exempt. Also, 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 public or private street or streets, except private streets serving industrial structures, or involving the division or allocation of land as open spaces for common use by owners, occupants, or leaseholders or as easements for the extension and maintenance of public or private sewer, water, storm drainage, or other similar facilities is considered a subdivision.
(40) TRACT. A lot. The term “tract” is used interchangeably with the term “lot” particularly in the context of subdivision, where a “tract” is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts, or interests.
(41) VILLAGE. The municipal government of the Village of Waverly, OH as established by the Charter of The Village of Waverly, OH passed May 5, 1970; Also previously known as or referred to as the Village of Waverly.
(43) ZONING ADMINISTRATOR. An employee of the Village; part-time, full- time, or combined with another Village position of employment, who is appointed by the Mayor to administer the Zoning Ordinance and these regulations.
(Ord. 65-2015. Passed 11-2-15.)
(Ord. 65-2015. Passed 11-2-15.)