Words in these regulations are used in their ordinary English usage. Certain terms or works used herein shall be interpreted and defined as follows and wherever used in these regulations shall have the meaning indicated in this section. The word "shall" is to be interpreted as mandatory and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is to be interpreted as expressing that the application of said criteria or standard is desired and essential unless commensurate criteria or standards are achieved. All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
BLOCK. A piece or parcel of land entirely surrounded by public streets or highways, railroad rights-of-way, parks, streams and other bodies of water, or a combination thereof.
COMMUNITY FACILITIES. Existing, planned and proposed parks, playgrounds, schools and other public lands and buildings.
COMPREHENSIVE PLAN. The master plan, or any portion thereof, adopted by the Planning Commission of the Village of West Liberty which shows the general location and extent of physical facilities including major streets and main thoroughfares, parks, schools and other public open spaces and public building sites.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
ENGINEER. Any person licensed to practice engineering in the State of Ohio, specifically a civil engineer as referred to in these regulations.
FLOOD PLAIN. The portion of a river or creek valley adjacent to the drainage channel which is periodically covered with water when the river or creek overflows its banks during flood stage as defined by the Federal Emergency Management Agency (FEMA).
IMPROVEMENTS. Any additions to the natural state of the land which increases its value or utility, including pavements, curbs, gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, landscaping and other appropriate facilities or plantings.
LOT. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership and/or for building purposes or development. Such lot shall have frontage on a dedicated public street.
LOT, INTERIOR. Any lot other than a corner lot.
LOT, THROUGH. Any interior lot having frontage on two, more or less, parallel streets as distinguished from a corner lot. All yards of such lots adjacent to streets shall be considered frontal, and front yard setbacks shall be provided as required.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
LOT FRONTAGE. The portion of a lot at the street or road right-of-way line. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to street or road right-of-way lines shall be considered frontage.
LOT WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the street or road right-of-way line, except on cul-de-sac streets where it is measured at the setback line.
MAINTENANCE BOND. An agreement in the form of a bond or other surety by a subdivider with the Village of West Liberty for the amount so determined by the Village Engineer to assure that public roads and facilities are maintained between time of completion by the subdivider and formal acceptance of dedication by the Village of West Liberty.
MAJOR STREETS PLAN. The comprehensive plan adopted by the Planning Commission indicating the general location recommended for freeways, arterials, collectors, and local streets within the corporate limits of the municipality and/or unincorporated areas within three miles thereof.
MONUMENTS. Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.
OWNER. Any individual, firm, association, syndicate, co-partnership, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
PERFORMANCE BOND OR OTHER SURETY. An agreement by a subdivider or developer in the form of a bond, certified check, or letter of credit with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed in the subdivider's or developer's agreement.
PLAT. The map, drawing, or chart on which the developer's plan of subdivision is presented to the Village Planning Commission for approval and, after such approval, to the County Recorder for recording.
PLAT, FINAL. The final map, drawing or chart and supplementary information, based upon the approved preliminary plat, in which the subdivider's plan is presented to the Village Planning Commission for approval and which, if approved, will be certified and submitted to the County Recorder.
PLAT, PRELIMINARY. The preliminary map, drawing, or chart, and supplementary information, on which the layout and design of a proposed subdivision is submitted to the Village Planning Commission for consideration and approval.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public or private way. In addition to the roadway or pavement, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities.
SETBACK. A line established by the Subdivision Regulations and/or Zoning Ordinance (Resolution), generally parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground, except as may be provided in said Codes.
STREET OR ROAD. The paved portion within a right-of-way which is used for vehicular traffic and designated as follows:
(1) Arterial Street. A general term denoting a highway primarily for through traffic, usually on a continuous route.
(2) Collector Street. A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial highways or major streets, including the principal entrance streets of residential developments and primary circulation routes within such development.
(3) Local Street. A street within a residential, industrial, commercial, or other type of development which primarily provides access to residential, commercial, or other abutting property.
(4) Cul-de-Sac. A local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnaround.
(5) Marginal Access Street. A local street parallel and adjacent to a higher classification street or road, providing access to abutting properties and preserving the capacity and safety of the higher classification street or road.
(6) Alley. Minor ways used primarily for vehicular service access to the back or side of properties abutting on other streets.
SUBDIVIDER. Any individual, developer, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for him/herself or for another.
SUBDIVISION.
(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, any one of which is less than five (5) acres for the purposes, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels or more than five (5) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, which such sale does not create additional building sites, shall be exempted; or,
(2) The improvement of one (1) 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 street 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 for public sewer, water, storm drainage or other public facilities.
SUBDIVISION, MINOR. A subdivision approved by the Village Planning Commission or its designated representative which does not require a plat and which is in conformance with the provisions of Section 1175.23.
SURVEYOR. Any person licensed to practice surveying in the State of Ohio.
ZONING REGULATIONS. The Zoning Ordinance of the Village of West Liberty.
(Ord. 2021-17. Passed 9-8-21.)