For the purpose of these Subdivision Regulations, words used in the present tense include the future tense; the words "shall" and "will" are always mandatory; and the following words shall, for the purpose of these Regulations, have the meaning herein indicated.
(1) "Alley" means a minor right of way providing secondary vehicular access to the side or rear of two or more properties.
(2) "Base course" means the layer of a street immediately in contact with the natural soil.
(3) "Bench mark" means a point of known or assumed elevation in or near the subdivision.
(4) "Building lines" means the lines within the property defining the required minimum distances between any structures and the road or alley right of way or abutting lots.
(5) "Cartway" means that portion of the road right of way surfaced for vehicular use.
(6) "Code" means the Code of West Virginia, 1931, as amended.
(7) "Commission" means the City Planning Commission.
(8) "County" means the County of Harrison.
(9) "Covenant" means an agreement or restriction placed on a parcel of land.
(10) "Crosswalk" means provision for a pedestrian way through a block or across a street or road of excessive length.
(11) "Cul-de-sac" means a residential street with only one end open to traffic and pedestrian access, permanently terminated by a vehicular turnaround.
(12) "Dedication" means the deliberate appropriation of land by its owner for any general or public use, reserving unto himself no other rights than those compatible with the full exercise and enjoyment of the public use.
(13) "Developer" means an individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity or agent thereof that undertakes the activities covered by these regulations, particularly the drawing up of the land development and subdivision showing the layout of the land and the public improvements involved therein. Inasmuch as the subdivision plan is merely a necessary means to the end of assuring satisfactory development, the term "developer" is intended to include the terms "subdivider", "owner" and "builder" even though the persons involved in successive stages of the project may vary.
(14) "Easement" means the grant by a property owner of the use of land by others for a specific purpose or purposes.
(15) "Engineer or city engineer" means a registered engineer authorized to practice civil engineering in the State and shall include any consulting engineer employed by the Commission or a representative of Council appointed by Council.
(16) "Front lot line" means the parcel boundary at the street or road right of way.
(17) "Improvements" means those physical changes to the land necessary to produce usable and desirable lots from raw acreage including, but not limited to, grading, paving, curbs, gutters, storm sewers and drains, improvements to existing watercourses, sidewalks, crosswalks, street signs, monuments, water supply facilities and sewage disposal facilities.
(18) "Lot" means a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or record or survey map or by metes and bounds, for the purpose of sale or lease to, or separate use of, another.
A. Single-family lot. A lot upon which is situated or is to be situated a single- family dwelling.
B. Multi-family lot. A lot upon which is situated or is to be situated a multiple- family structure such as apartments or condominiums.
(19) "Monument" means a point of known position, established by an engineer or surveyor, and used to locate property lines, building lines, etc.
(20) "Obligee" means a person in favor of whom some obligation is contracted.
(21) "Plat of a subdivision" means a representation on paper of a parcel of land subdivided into lots showing all salient features.
(22) "Person" means any individual, firm, trust, partnership, public or private association or corporation.
(23) "Profile" means a side view of the centerline of a street, showing grades, transition curves and lengths.
(24) "Restriction line" means an imaginary line in a subdivision (building lines and easements) that restricts building locations in any way.
(25) "Right of way" means land reserved for use as a road, street, alley or crosswalk.
(26) Subdivision roads and streets are as follows:
A. Feeder. Roads which, in addition to giving access to abutting properties, intercept local roads and provide routes carrying local traffic to community facilities and to primary highways.
B. Local. Roads used primarily to provide access to abutting properties.
(27) "Subdivider or applicant" means any individual, firm, association, syndicate, trust, co-partnership, corporation or any other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
(28) "Subdivision" means the partition or division of a lot, tract or parcel of land into two or more lots, plats, sites, parcels or other divisions of land, for the purpose, whether immediate or future, of sale, lease, transfer of ownership or of building development.
Subdivision includes resubdivision and, when appropriate to the context, relates to the process of subdividing and to the land or territory subdivided.
“Subdivision” as used herein shall not include the division of land by adjoining property owners to effect a boundary adjustment if the same does not result in additional lots and if the tract, parcel or lot divided becomes a part of the adjoining lot or lots, provided, however, that no such division shall serve to create any condition which does not otherwise comply with the terms and provisions of the ordinances of the City. Also, the term shall not include the subdivision as a result of a partition of land by an appropriate court of law, or the division of land for public purposes such as public schools, parks, roads and utility systems.
(29) "Surveyor" means an individual licensed to practice land surveying in the State.
(30) "Tract boundary" means the perimeter of a subdivision.
(31) "Variance" means any departure from the provisions of these Regulations granted to the subdivider by the Commission or a court of competent jurisdiction.
(32) "Subdivision Regulations" or "these Regulations" means the Ordinance of April 8, 1980, as amended, which is codified as Chapter Five of this Part Thirteen - Planning and Zoning Code.
(Ord. 6-00. Passed 8-14-00.)