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1123.34 EXCEPTION.
   (a)   These standards and procedures shall govern the subdivision of land, as defined herein, and the establishment of new public streets and alleys. However, when there is a division of land by deed or other instrument along an existing publicly dedicated street, not involving the opening, widening or extension of any street that results in a lot or parcel of less than five acres cut out of or separated from a larger tract, which division is not related contrary to the minimum lot requirements of the Zoning Ordinance and which, in the opinion of the Planning Commission will not interfere with desirable future subdivision of adjacent tracts, the normal subdivision procedure may be waived and the deed or other instrument of transfer may be stamped "Approved by the Village Planning Commission; no plat required" and signed by the Secretary of the Commission.
   (b)   Special Provision for Small Subdivision. In accordance with Ohio R.C. 711.131 the following shall govern small subdivisions:
   A preliminary plan shall be required for all subdivisions, but under the conditions listed below approval of a preliminary plat by the Planning Commission shall be authorization for the subdivider to sell lots within the subdivision covered by the preliminary plan, by metes and bounds, and the requirements of a final plat shall be waived. Notwithstanding that a final plat is not required, the subdivider shall provide such improvements as are required by this chapter or such improvements which in the opinion of the Commission are necessary under the terms of this chapter. Final plans and platting shall not be required where all of the following conditions exist.
   That a proposed subdivision of land along an existing public street, does not involve the opening, widening, or extension of any street or road, and involves not more than five lots after the original tract has been completely subdivided. If the Planning Commission is satisfied that such a proposed subdivision is not contrary to applicable platting, subdividing, or zoning regulations it shall within seven (7) working days after submission approve such proposed division and, on presentation of a conveyance of said parcel, shall stamp the same "approved by the Wintersville Planning Commission; no plat required" and have it signed by the Commission Secretary.
(Ord. 1972-31. Passed 10-3-72.)
1123.35 PUBLIC HEARING.
   When the Planning Commission deems it necessary it may require that a public hearing be held in conjunction with the consideration of a subdivision plat. In this event adjoining property owners shall be notified in writing of the time and place of the hearing.
(Ord. 1972-31. Passed 10-3-72.)
1123.36 DEFINITIONS.
   (a)   Definition of Words and Terms. For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows:
   (b)   Interpretations. Words in the present tense include the future tense; the singular includes the plural and the plural the singular unless the natural construction of the wording indicates otherwise; the word "lot" includes the words "plot" and "parcel"; the word "shall" is mandatory and not directory; the word "approve" shall be considered to be followed by the words "disapprove"; any reference to this Ordinance includes all Ordinances amending or supplementing the same; all distances and areas refer to measurement in a horizontal plane.
      (1)   "Alley" means a permanent service way providing a secondary means of access to abutting properties.
      (2)   "Village" means the Village of Wintersville, Ohio.
      (3)   "County" means the County of Jefferson, Ohio.
      (4)   "Developer" means the owner of the property being subdivided whether or not represented by an authorized agent.
      (5)   "Engineer" means the Municipal Engineer of the Municipality of that Engineer so designated by Council.
      (6)   "Lot" means a portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.
      (7)   "Planning Commission" means the Municipal Planning Commission of Wintersville Ohio.
      (8)   "Plat" means a map or plan of a tract or parcel of land which is to be or which has been subdivided. When used as a verb, "plat" is synonymous with "subdivide".
      (9)   "Property" means any tract, lot, parcel or several of the same collected together for purpose of subdividing.
      (10)   "Street or alley, public use of" means the unrestricted use of a specific area or right-of-way for ingress and egress to two or more abutting properties.
      (11)   "Street arterial" means a heavily traveled thoroughfare or highway that carries a large proportion of through traffic.
      (12)   "Street, local" means a street that is used primarily as a means of public access to the abutting properties.
      (13)   "Street, primary" means a street that provides for the collection of traffic or for an entrance to, or a principal means of circulation within, one or more subdivisions.
      (14)   "Street width" means the total width of the strip of land dedicated or reserved for public travel, including roadway, curbs, sidewalks and planting strips.
      (15)   "Subdivision" means:
         A.   The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
         B.   The improvement of one or more parcels of land for residential, commercial or industrial structure or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets 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 of public sewer, water, storm drainage or other public facilities.
      (16)   "Main" means that line servicing more than one customer and that portion of a service line between the main and the curb box.
      (17)   "Service lines" means those lines from the main to the meter of the subscriber and the subscriber recognizes responsibility for maintenance and upkeep from the curb box to the meter. (Ord. 1972-31. Passed 10-3-72.)