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 word "may" is permissive. Unless otherwise expressly stated, the following words shall, for the purpose of these Regulations, have the meaning herein indicated.
(1) "Alley" means a public thoroughfare having a maximum right-of-way width of twenty feet which affords only secondary means of access to abutting property.
(2) "Available sewer and water" means a municipal sewer or waterline if it is within 1,000 feet or less from the nearest point of a subdivision.
(3) "Base course" means the layer of a street immediately under the wearing surface.
(4) "Bench mark" means a point of known elevation in or near the subdivision tied in with established bench marks in the vicinity that are maintained by the United States Coast and Geodetic Survey.
(5) "Block" means an area bounded by streets, utility, railroad, public facility or other rights-of-way easements or other definite barriers.
(6) "Building line" means the line within the property defining the required minimum distance between any enclosed structure and the adjacent street right-of-way.
(7) "Cartway" means that portion of the street right-of-way surfaced for vehicular use. Width is determined from face of curb to face of curb or from one edge of driving surface to the other edge of driving surface.
(8) "City" means the City of Moundsville.
(9) "Clear sight triangle" means the triangular area formed by two intersecting street centerlines seventy-five feet from their point of intersection. This entire area is to remain clear of obstructions to sight above a plain established three and one-half feet in elevation from grade level at the intersection of the street centerlines.
(10) "Closure" means the degree of error allowed in surveying the subdivision.
(11) "Commission, Planning" means the Moundsville Planning Commission.
(12) "Council" means the Council of the City of Moundsville.
(13) "Covenant" means an obligation defined by law or agreement, the violation of which can be restrained by court action; these are usually stated in the deed.
(14) "Crosswalk" means an easement providing a pedestrian way through a block or across a street of excessive length.
(15) "Cul-de-sac" means a residential street with one end open to traffic and pedestrian access and permanently terminated by a vehicular turnaround, which is a minimum right-of-way diameter of 100 feet.
(16) "Developer" means any person, individual, firm, partnership, association or corporation acting as a unit dividing or proposing to divide land, so as to constitute a subdivision as defined by these Regulations and includes any agent of the developer.
(17) "Easement" means the grant by a property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, a corporation or a certain person or persons.
(18) "Engineer" means a registered engineer authorized to practice civil engineering in West Virginia.
(19) "Engineer, City" means the registered engineer appointed by Council.
(20) "Essential service" means the erection, construction, alteration or maintenance by public utilities, Municipal departments or commissions of: underground gas, electrical, telephone transmission or distribution systems; and public water, public sanitary sewer and public storm sewer facilities; including wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith; including buildings necessary for the furnishing of adequate services for the public health, safety or general welfare.
(21) "Front lot line" means the land parcel boundary at the street or road right-of-way.
(22) "Group housing" means two or more residential buildings constructed on a plot of ground not governed by the customary lot and area requirements subject to the approval of the Planning Commission.
(23) "Half street" means a strip of land equal to or less than one-half the required right-of-way reserved or proposed for street purposes along the property line. Half streets are prohibited under the terms of these Regulations.
(24) "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 sewerage disposal facilities.
(25) "Lot" means a parcel or tract of land separated from other parcels or portions by description, as on a subdivision plat or record of survey map, or by metes and bounds as may be found in deeds, mortgages, leases or similar instrument for conveyance, transfer, improvement or sale of ownership whether immediate or future.
(26) "Lot, corner" means a lot at the point of intersection of and abutting in two or more intersecting streets or other public spaces, the angle of intersection being not more than 135 degrees.
(27) "Lot depth" means the average horizontal distance between the front lot line and the rear lot line.
(28) "Lot, double frontage" means a residential lot which has access to a public right-of-way from both the front yard and the rear yard. Double frontage lots are prohibited under the terms of these Regulations.
(29) "Lots, reserve frontage" means a lot which abuts a public right-of-way on both the front and rear yards having access to only one of the rights-of-way.
(30) "Lot width" means the average horizontal distance across the lot, between the side lot lines, measured at right angles to the front lot line and the rear lot line.
(31) "Monument" means a point of known coordinates, established by an engineer or surveyor, and used to locate property lines, building lines, etc. The monument shall be tied in with monuments maintained by the United States Coast and Geodetic Survey.
(32) "Municipality" means the City of Moundsville.
(33) "Official map" means the map kept up-to-date by the City Clerk showing existing and recorded streets, right-of-way and cartway widths and projected primary roads.
(34) "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
(35) "Plan, Comprehensive" means the Comprehensive Plan of the City of Moundsville.
(36) "Planned Unit Development" means a large-scale project constructed by a single owner or group of owners acting jointly and involving a related group of uses planned, developed and regulated as an entity. Such developments are compactly arranged individual and/or multi-family dwelling units grouped in or around common open spaces, together with public and semi-public uses and noncommercial recreation facilities provided they are functionally integrated so that the character of the development conforms to the purpose and intent of these Regulations. Such developments shall include the necessary covenants or other legal provisions and financial programs as shall assure conformity to and achievement of the Comprehensive Plan.
(37) "Planting strip" means the area between the curb and sidewalk suitable for planting trees, shrubs, etc.
(38) "Plat" means a representation on paper of a parcel of land subdivided into lots showing all salient features.
(39) "Plat final" means a complete and exact subdivision plat, prepared by a registered Professional Engineer or Surveyor for official recording as required by statute, to define property rights, proposed streets and all other improvements.
(40) "Plat preliminary" means a tentative subdivision plat, in lesser detail than a final plat, showing approximate street and lot layout on a topographic map as a basis for consideration prior to preparation of a final plat.
(41) "Profile" means a side view of the centerline of a street showing grades, transition curves and lengths.
(42) "Restriction line" means an imaginary line in a subdivision, such as building lines and easements, that restricts building locations in any way.
(43) "Resubdivision or replatting" means the modification of a recorded subdivision in whole or in part, by a redesign of lots, by change of size, area or by street layout.
(44) "Right-of-way" means land reserved for use as a street, alley, crosswalk, easement or any other public use.
(45) "Street" means a way including the entire right-of-way of a street, road, land, alley, court, highway or public square and which is intended for public use as a means of vehicular and pedestrian circulation providing access to abutting lots, and space for water mains, sewers and public utilities.
(46) Street classification.
A. "Expressway" means a highway facility designed to move large volumes of intercommunity, interregional and interstate traffic and perform no land service function. It is generally characterized by some degree of access control. This classification should be reserved for a multi-land, divided road with few if any at-grade intersections.
B. "Arterial" means a roadway facility designed primarily to carry traffic to and from the expressway or to carry traffic into and out of a community.
C. "Collector" means an interceptor street that receives traffic from local streets, provides interconnection between neighborhoods and funnels local traffic onto arterial streets.
D. "Local" means a street used primarily to provide access to abutting properties.
(47) "Street maintenance" means the procedure applied to new or existing streets or streets under construction including but not limited to resurfacing, regrading, drainage improvement, pothole repair, dust prevention practices and snow removal.
(48) "Subdivider" means the owner, or authorized agent of the owner, of the subdivision.
(49) "Subdivision" means the division of a single lot, tract or parcel of land, or part thereof into two or more lots, tracts or parcels of land, including changes in street lines or lot lines for the purpose, whether immediate or future, of transfer of ownership or building development; provided, however, that division of land for agricultural purposes in parcels of more than ten acres, not involving any new street or easement of access, shall be exempted.
(50) "Surveyor" means an individual licensed to practice land surveying in West Virginia.
(51) "Topographic map" means a map showing ground elevations by contour lines and the location of important natural, manmade and other features.
(52) "Tract boundary" means the outside perimeter of a subdivision.
(53) "Variance" means when the subdivider can show that a provision of these Regulations would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, in the opinion of the Planning Commission a departure may be made without destroying the intent of such provisions, the Commission may authorize a variance. Any variance thus authorized and the reasoning on which departure was justified shall be entered on the minutes of the Commission. A variance applies only to that particular subdivision under question and for which it is granted.
(54) "Yard, front" means the required open space extending across the entire width of the lot between the front building line and the street right-of-way.
(55) "Yard, rear" means the required open space extending across the width of the lot between the rear of the main building and the rear lot line.
(56) "Yard, side" means the required open space from the front to the rear of the principal building between the side of this building and its adjacent side lot line. (4-24-72)
(57) "Subdivision Regulations" or "these Regulations" means the Land Subdivision Regulations approved by the Ordinance of April 24, 1972, as amended, which is codified as Chapter One of this Part Thirteen - Planning and Zoning Code.
(4-24-72)