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.
(a) "Alley" means a minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
(b) "Base Course" means the layer of a street immediately in contact with the natural soil.
(c) "Bench mark" means a point of known or assumed elevation in or near the subdivision.
(d) "Building lines" means the lines within the property defining the required minimum distances between any structures and the road or alley right-of-way of abutting lots.
(e) "Cartway" means that portion of the road right-of-way surfaced for vehicular use.
(f) "Code" means the Code of West Virginia, 1931, as amended.
(g) "Commission" means the City Planning Commission.
(h) "County" means the County of Marion.
(i) "Covenant" means an agreement or restriction placed on a parcel of land.
(j) "Crosswalk" means provision for a pedestrian way through a block or across a street or road of excessive length.
(k) "Cul-de-sac" means a residential street with only one end open to traffic and pedestrian access, permanently terminated by a vehicular turnaround.
(l) "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.
(m) "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.
(n) "Easement" means the grant by a property owner of the use of land by others for a specific purpose or purposes.
(o) "Engineer or City Manager" 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.
(p) "Front Lot Line" means the parcel boundary at the street or road right-of-way.
(q) "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.
(r) "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.
(1) “Single-family lot”. A lot upon which is situated or is to be situated a single-family dwelling.
(2) “Multi-family lot”. A lot upon which is situated or is to be situated a multiple-family structure such as apartments or condominiums.
(s) "Monument" means a point of known position, established by an engineer or surveyor, and used to locate property lines, building lines, etc.
(t) "Obligee" means a person in favor of whom some obligation is contracted.
(u) "Plat of a subdivision" means a representation on paper of a parcel of land subdivided into lots showing all salient features.
(v) "Person" means any individual, firm, trust, partnership, public or private association or corporation.
(w) "Profile" means a side view of a centerline of a street, showing grades, transition curves and lengths.
(x) "Restriction line" means an imaginary line in a subdivision "building lines and easements" that restricts building locations in any way.
(y) "Right of way" means land reserved for use as a road, street, alley or crosswalk.
(z) “Subdivision roads and streets” are as follows:
(1) "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.
(2) "Local" Roads used primarily to provide access to abutting properties.
(aa) "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.
(bb) "Subdivision" means the partition or division of a lot 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 of territory subdivided.
(1) Exceptions:
A. A division of land for residential development into lots, tracts, parcels or other divisions of land of five to ten acres shall be regulated by the following:
1. There will be a deed restriction, approved by the Commission, on each lot, tract or parcel or other division of land which prohibits further subdivision of that lot, tract, parcel or other division of land. This restrictive covenant and condition will run with the land and shall be binding on all parties and persons claiming under them for a period of twenty-five (25) years from the date of the first recording of the covenant, after which time, such covenant shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots in the subdivision has been recorded, agreeing to change such covenant in whole or in part.
2. There will be a minimum frontage of 200 feet.
3. Streets, curbs, sanitary and storm sewers and water lines will be installed according to the specifications included in these regulations.
4. Sidewalks need not be installed.
5. Utility easements of twenty (20) feet will be provided, but not necessarily at the extreme rear of the lot. Utility easements will be clearly shown on the final plat and the location will be dictated by topography, building location and any other relevant factors.
6. Lots with a frontage exceeding 300 feet will only require water and sanitary sewer installation according to the specifications included in these Regulations. Roads may be of crushed stone compacted to eight inches with a sealer included. The cartway will remain at twenty (20) feet. Waiver of the specifications regarding curbs and allowing the use of septic systems may be permitted upon special consideration and permission of the Commission.
B. There shall be three types of subdivisions: Type I-Residential, Type II- Planned Unit Development, and Type III-Hillside Development.
1. Type I-Residential. To be classified as Type I Residential, not less than sixty percent (60%) of the number of lots sold from such subdivision or to be sold must be improved or are to be improved by dwellings in which there shall exist year-round occupancy.
2. Type II -Planned Unit Development. See Article 1319 Planned Unit Development District.
3. Type III - Hillside Development. A Hillside Development is one with an average slope of ten percent (10%) or more. Developers of this type of subdivision will leave a minimum portion of the tract in its natural state, according to the average slope of the tract.
The minimum portion of land which shall be left in its natural state is:
AVERAGE PERCENT SLOPE | MINIMUM PORTION OF LAND IN EACH SLOPE CATEGORY TO REMAIN IN NATURAL STATE |
10.0 TO 14.9 | 25% |
15.0 TO 19.9 | 40% |
20.0 TO 24.9 | 55% |
25.0 TO 29.9 | 70% |
30.0 and above | 85% |
For the purposes of this Ordinance, natural state shall mean no clearing, cutting or filling, or other substantial changes in the natural conditions of the slopes.
C. The term “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.
(cc) "Surveyor" means an individual licensed to practice land surveying in the State.
(dd) "Tract boundary" means the perimeter of a subdivision.
(ee) "Variance" means any departure from the provisions of these Regulations granted to the subdivider by the Commission or a court of competent jurisdiction.
(ff) "Subdivision Regulations" or "these Regulations" means the City of Mannington's Ordinance #310.
(Ord. 310. Passed 9-16-96.)