(A) General definitions. Except where specifically defined herein, all words used in this chapter shall carry customary meanings. Words used in the present tense include the future tense; the plural includes the singular and the singular includes the plural; the word “lot” includes the words “parcel” and “plot”; the word “building” includes the word “structure”; the word “shall” is mandatory, the word “may” is permissive, and the word “should” is preferred; the words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied”; the word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
(B) Specific definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENT. The representative of the applicant. The authority of the representative shall be established to the satisfaction of the Village Manager.
ALLEY. A public right-of-way not less than 20 feet or more than 30 feet wide which affords only a secondary means of access to property abutting thereon.
ANSI. American National Standards Institute.
APPLICANT. The owner or authorized representative of land proposed to be subdivided. The authority of the representative shall be established to the satisfaction of the Village Manager. Consent to subdivide shall be required from the legal owner of the premises.
ARCHITECT. An architect registered by the state.
AS BUILT PLANS. Plans that have been revised to incorporate all changes that occurred during construction of the project, on matte Mylar material and magnetic data files compatible with village mapping systems.
ASTM. American Society of Testing and Materials.
AVERAGE DAILY TRAFFIC (ADT). The total traffic volume during a given time period in whole days greater than one day and less than one year divided by the number of days in that time period.
AWWA. American Water Works Association.
BLOCK. All that part of one side of a street between two intersecting streets.
BOND. Any form of security including cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Village Council.
BUFFER. Any combination of mounds, fencing, plantings, and the like, intended to separate one land use from another.
BUILDING. Any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows, or similar openings.
CALIPER. The diameter of a tree as measured approximately four feet above the ground.
CERTIFICATE OF DEPOSIT. A certificate held on deposit by a financial institution for the village until such time as the subdivider has fulfilled his or her obligation to install the required improvements, including proper inspection and testing, in accordance with approved plans and specifications.
CLERK. The Clerk of Council of the village.
COMMISSION. The Planning Commission of the village.
COMPREHENSIVE PLAN. The plan or plans made and adopted by the village as may be amended, indicating the general locations recommended for the principal streets, parks, public buildings, zoning districts, historic districts, wellhead protection districts, character and extent of community development and other physical aspects of urban and rural planning.
CONSTRUCTION PLANS. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in a subdivision.
COUNCIL. The Village Council of the village.
CUT SHEET. Tabular survey information used for the purpose of construction layout staking.
DENSITY. The number of dwelling units per unit of land. To determine DENSITY, divide the total number of dwelling units by the net developable site as measured in acres. See NET DEVELOPABLE SITE.
DEVELOPER. See APPLICANT.
DEVELOPMENT. Any human-made change to improved or unimproved real estate.
DIRECTOR. The Director of Inspection and Engineering of the village, or authorized representative.
EASEMENT. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
ENGINEER, PROJECT. See ENGINEER, REGISTERED.
ENGINEER, REGISTERED. An engineer registered by the state.
ENGINEER, VILLAGE. The Village Engineer of the village.
EROSION. The wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep and/or detachment and movement of soil or rock fragments by wind, water, ice, or gravity.
ESCROW. A deposit of cash with the village in lieu of an amount required and still in force on a performance or maintenance bond.
ESCROW FUND. Cash placed by the subdivider in an account to be held by a financial institution in favor of the village to guarantee the installation of improvements according to the provisions of this chapter.
EXCAVATION. The removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged, whether by mechanical or manual means.
FINANCE DIRECTOR. The Finance Director of the village.
FIRE CHIEF. The Fire Chief of Wayne Township Fire Department.
FLOODPLAIN. The areas adjoining a watercourse which are expected to be flooded as a result of a severe combination of meteorological and hydrological conditions, as identified by Chapter 151 of these codified ordinances, as amended (Ordinance 96-106 or its successor).
FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplain which are reasonably required to carry and discharge the 100-year flood, as identified by Chapter 151 of these codified ordinances, as amended (Ordinance 96-106 or its successor).
FLOODWAY FRINGE. The portion of the floodplain outside of the floodway, as identified by Chapter 151 of these codified ordinances, as amended (Ordinance 96-106 or its successor).
FRONTAGE. The portion of a lot abutting on a dedicated right-of-way.
GRADE. The slope of any surface specified in percentage terms.
GRADE, ESTABLISHED STREET. The elevation of the street, established by the Village Engineer, measured at the centerline of the street.
GRADE, FINISHED. The elevation of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping, and any other improvements.
GRADE, NATURAL. The elevation of the undisturbed surface of any land.
HILLSIDE. An area with an average slope of more than 15%.
HISTORIC PRESERVATION BOARD. The Historic Preservation Board of the village.
IES. Illuminating Engineering Society.
IMPROVEMENT, PUBLIC. Any drainage ditch, roadway, parkway, sidewalks, pedestrian way, tree lawn, off-street parking area, lot improvement, or other facility for which the village may ultimately assume the responsibility for operation and maintenance or which may effect an improvement for which the village is responsible.
IMPROVEMENTS. Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, grading, and other related matters normally associated with development of raw land into building sites.
IN-LIEU FEES. Fees paid by a private individual or party to the village to compensate for the mandatory dedication provisions of the Subdivision Code and the Zoning Code when the land dedication is waived by Village Council.
INSPECTION FEE. Cost to the village of supervising construction, to be paid by the developer.
LANDSCAPE ARCHITECT. A landscape architect registered by the state.
LAW DIRECTOR. The Law Director of the village.
LETTER OF CREDIT. An irrevocable letter of credit issued by a bank in the Central Ohio area, subject to the provisions of R.C. Chapter 1305.
LOT. A tract, plat, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership for building development.
LOT, CORNER. A lot located at the intersection of two or more streets.
LOT, DOUBLE FRONTAGE. A lot, other than a corner lot, with frontage on more than one street.
LOT IMPROVEMENT. Any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
LOT, INTERIOR. A lot with only one frontage on a street.
LOT, IRREGULAR. A lot that is neither square nor rectangular.
LOT, MINIMUM AREA. The area of a lot is computed exclusive of any portion of the right-of- way of any public or private street.
LOT MEASUREMENT. A lot shall be measured as follows:
(a) The depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the front to the rearmost points of the side lot lines in the rear. However, straight line connecting the rearmost side lot lines shall not be less than one-half of the length of the straight line connecting the foremost points of the side lot lines.
(b) The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been recorded.
LOT, REVERSE FRONTAGE. A double frontage lot located along a collector or arterial that derives access from an interior local street.
MANAGER. The Village Manager of the village or an authorized representative.
MANDATORY LAND DEDICATION. The required dedication of private land to the village for the purpose of providing space for park, recreation, open space, and other public uses.
MAP INDEX. A map supplied with street improvement plans showing the street and storm system at a scale of one inch = 200 feet.
MAP LOCATION. A map supplied with the plat that shows legibly, by dimension and/or other means, the proposed subdivision and enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision and show the relationship of the site to the community facilities that serve or influence the property, at a scale of one inch = 1,000 feet.
NET DEVELOPABLE SITE. The remainder of a parcel of land following the subtraction of all areas designated for public and private streets and alleys, open bodies of water excluding streams, creeks and ditches, and all other dedicated rights-of-way.
NO BUILD ZONE. An area or portion of a lot that is designated by deed not to contain any buildings, structures, or other built improvement on a permanent basis.
ODOT. Ohio Department of Transportation.
OEPA. Ohio Environmental Protection Agency.
OFFICIAL THOROUGHFARE PLAN. The system of streets for the village as adopted by the village, on file in the Village Clerk’s office, together with all amendments thereto subsequently adopted.
OFF-SITE. Any premises not located within the area of the property to be subdivided or improved, whether or not in the same ownership of the applicant for subdivision.
OKI. Ohio, Kentucky, and Indiana Regional Council of Governments.
PARK BOARD. The Park Board of the village.
PERFORMANCE AND INDEMNITY BOND or SURETY BOND. An agreement by and between a subdivider and a bonding company in favor of the village for the amount of the estimated construction cost guaranteeing the completion of physical improvements, engineering inspection and testing according to plans and specifications within the time prescribed by subdivider’s agreement.
PLANNING COMMISSION. The Planning Commission of the village.
PLAN, IMPROVEMENT. Detailed construction drawings, maps, and other materials depicting a proposed subdivision meeting the requirements of this chapter.
PLAN, SKETCH. A drawing of a proposed subdivision intended to be used as a general indicator of how the proposed area may be subdivided, as per this chapter.
PLAT, FINAL. The plat of a proposed subdivision, drawn on durable material as specified in this document and intended for recording, meeting all the requirements of this chapter.
PLAT, PRELIMINARY. The plat of a proposed subdivision that meets all of the requirements of this chapter.
REGIONAL PLANNING COMMISSION. Warren County Regional Planning Commission.
RESERVES. Parcels of land within a subdivision set aside for future subdivision or set aside for other purposes, as noted on the plat.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, walkway, bikeway, or other public improvement relating to public travel or access.
SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site or origin by surface water, and has come to rest on the earth’s surface above or below ground level.
SEDIMENT BASIN. A barrier, dam, or other suitable detention facility built across an area of water flow to settle and retain sediment carried by runoff waters.
SETBACK, FRONT. The minimum distance between the right-of-way and a building facing the right-of-way, as required by the Zoning Code.
SETBACK, PLATTED. The minimum distance between the building and the right-of-way, rear lot line, and/or side lot line as required by the Zoning Code and shown on the recorded plat of the subdivision.
SETBACK, REAR. The minimum distance between the rear lot line and a building, as required by the Zoning Code.
SETBACK, SIDE. The minimum distance between the side lot line and a building, as required by the Zoning Code.
SOLICITOR. The Law Director or Village Solicitor of the village.
STREET, ARTERIAL. A street which accommodates traffic to and from the expressways or to or through major commercial districts. Traffic volumes are generally greater than 10,000 ADT.
STREET, CUL-DE-SAC. A local street having only one outlet and a paved terminal for safe and convenient reversal of traffic movement.
STREET, DEAD-END. A local street having only one outlet without a safe and convenient means for reversal of traffic.
STREET, EXPRESSWAY. A street entirely devoted to the movement of large volumes of traffic at relatively high speeds. Access is completely controlled, not intended to serve abutting property.
STREET, INDUSTRIAL. A street intended to provide access to other streets from industrial properties, generally being a volume of traffic that includes a relatively large amount of vehicles other than passenger automobiles.
STREET, LOCAL. A street intended to provide access to other streets from individual properties, generally bearing a volume of traffic no greater than 800 ADT.
STREET, MAJOR COLLECTOR. A street which carries traffic from the minor collector system to the arterial. Traffic usually has origin and destination within the community and does not exceed 10,000 ADT.
STREET, MINOR COLLECTOR. A street which carries internal traffic within a given neighborhood, connecting local streets to the major collectors or to the arterial system and generally bearing volume of traffic no greater than 4,000 ADT.
STRUCTURE. That which is constructed having a location on or in the ground or attached to that having a location on or in the ground. The term shall include buildings, outdoor seating facilities, outdoor theaters, swimming pools, platforms, decks, tents, towers, bridges, poles, and roadside signs.
SUBDIVIDER. See APPLICANT.
SUBDIVIDER’S AGREEMENT. An agreement by and between a subdivider and the village that sets forth the manner in which the subdivider agrees to proceed with the construction of public improvements and the disposition of lots in the subject subdivision.
SUBDIVISION. Any or all of the following:
(a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax toll, 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, 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.
(R.C. § 711.001(B))
SUBDIVISION, MINOR. Any subdivision of less than five acres, all of the lots of which front on an existing village street and with which there is no new street or right-of-way required or proposed, which does not require a plat to be approved by a planning authority according to R.C. § 711.131. Also known as LOT SPLIT.
SURETY. A certificate of deposit, performance bond, irrevocable letter of credit, or cash escrow account in favor of the village designed to guarantee the construction of required improvements.
SURVEYOR. A surveyor registered by the state.
TREE. Any tree, shrub, or other woody plant.
TREE BOARD. The Tree Board of the village.
TREE LAWN. The strip of land between the back of curb and sidewalks.
TREE, LARGE. Any tree species having a trunk diameter of six inches or more as measured four feet from the ground.
TREE, SIGNIFICANT. Any individual tree that is of cultural, historical, biological, or horticultural value as determined by the Village Council with the advice of the Planning Commission, Village Tree Board, or Historic Preservation Board.
VILLAGE. The Village of Waynesville, Ohio.
VILLAGE FINANCE DIRECTOR. The Village Finance Director of the village.
VILLAGE CLERK. The Clerk of Council of the village.
VILLAGE COUNCIL. The Village Council of the village.
VILLAGE MANAGER. The Village Manager of the village or an authorized representative.
VILLAGE MAYOR. The Mayor of the village.
VILLAGE SOLICITOR. The Law Director or Village Solicitor of the village.
WCRPC. Warren County Regional Planning Commission.
ZONING BOARD OF APPEALS. The Board of Zoning and Building Appeals of the village.
ZONING CODE. The Zoning Code of the village (see Chapter 153 of these codified ordinances).
(Ord. 96-106, passed 3-20-1996)