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These Subdivision Regulations shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of such Regulations (Ordinance 1965-17, passed July 20, 1965), except in case of a resubdivision. These Subdivision Regulations shall not repeal, abrogate, annul or in any way impair or interfere with:
(a) Existing provisions of other laws or ordinances, except those specifically repealed or amended by Ordinance 1965-17, passed July 20, 1965;
(b) Private restrictions placed upon property by deed, covenant or private agreement; or
(c) Restrictive covenants running with the land to which the Village is a party.
Where these Subdivision Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of these Subdivision Regulations shall prevail. These Subdivision Regulations apply to the division of any parcel of land by an instrument of conveyance.
(Ord. 1965-17. Passed 7-20-65.)
(a) Notwithstanding the provisions of these Subdivision Regulations, the following may be submitted to the Commission for approval without plat:
(1) A proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street and involving no more than five lots after the original parcel has been completely subdivided; or
(2) The proposed sale or exchange of parcels between adjacent lot owners, where the sale or exchange does not create additional building sites or reduce any lot to a size less than is required by the Zoning Code,
(b) In such cases, the owners shall submit to the Commission:
(1) A written request for approval without plat;
(2) A reproducible drawing or tracing of the proposed subdivision, drawn accurately to a scale of 100 feet, or less, to the inch; and
(3) Such other pertinent information as the Commission may require.
(c) If the Commission is satisfied that such proposed subdivision is not contrary to these Subdivision Regulations and the Zoning Code it may approve such subdivision without plat. After such approval, on presentation of an instrument of conveyance of such parcel, the Secretary shall mark the same "Approved by the Planning Commission of the Village of Walton Hills: No Plat Required", and shall sign and date such notation.
(Ord. 1965-17. Passed 7-20-65.)
No person, being the owner or agent of the owner of any land within the Village, shall transfer any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder.
(Ord. 1965-17. Passed 7-20-65.)
The Inspector of Buildings shall not issue a building permit for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein, or on a lot in a subdivision which the Commission may approve without a plat, before the Commission has so approved the subdivision. Any such permit issued in violation hereof shall be null and void.
(Ord. 1965-17. Passed 7-20-65.)
If any provision, section, clause, sentence or part thereof, of these Subdivision Regulations should be held to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sections, clauses or sentences, or parts thereof.
(Ord. 1965-17. Passed 7-20-65.)
(a) Whoever violates any of the provisions of these Subdivision Regulations, for which no penalty is otherwise provided, shall be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) Whoever violates Section 1240.05 shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so transferred. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the penalty provided in this subsection. Such sum may be recovered in a civil action, brought in any court of competent jurisdiction by legal counsel for the Village in the name of the Village, and for the use of the Street Repair Fund thereof.
(Ord. 1965-17. Passed 7-20-65.)