Wintersville Jefferson County
City Zoning Code

TITLE THREE

Subdivision Control

1123.01 PURPOSE.

There are hereby established land subdivision standards, regulations, and procedures, for the Municipality, that come under the jurisdiction of the Municipal Planning Commission as set forth in Ohio R.C. 711.01 through 711.15. These are part of a long range general plan to guide and facilitate the orderly and beneficial growth of the community and to promote the public health, safety, convenience, comfort, prosperity and general welfare of the citizens of the Municipality. More specifically, the purpose of these standards, regulations and procedures are to provide a guide for the change that occurs when land in acreage becomes urban in character as a result of development for residential, business, industrial or similar purposes; to provide assurance that the purchasers of lots are buying a commodity that is suitable for development and use; and to make possible the provision of public services and utilities in a safe, adequate and efficient manner.

(Ord. 1972-31. Passed 10-3-72.)

1123.02 TITLE.

This chapter is known and may be cited as the Land Subdivision Code of Wintersville, Ohio.
(Ord. 1972-31. Passed 10-3-72.)

1123.03 APPLICATION.

No person, firm or corporation shall subdivide any tract, lot, or parcel of land that is located within the Municipality except in conformity with the provisions of this chapter. This chapter shall not apply to any subdivision approved and recorded prior to the effective date of this section. It shall apply however, to changes in any subdivision recorded before or after the effective date of this chapter when lots are re-oriented when public rights of way, areas, or easements are changed in any manner, or when lots are proposed to be divided and sold for residential building sites in smaller parcels than are originally approved and recorded.

(Ord. 1972-31. Passed 10-3-72.)

1123.04 RELATION TO PRIVATE CONTRACTS.

This chapter bears no relation to any private easement, covenant, agreement or restriction, nor is the responsibility of enforcing said items implied herein to any public official. However, when this chapter calls for more restrictive standards than required by private contract, the provisions of this chapter shall control.
(Ord. 1972-31. Passed 10-3-72.)

1123.05 CHANGES ON PLAT AFTER APPROVAL.

No changes, revision, or erasure shall be made on any preliminary or final plat nor on any accompanying data sheets after approval of the Planning Commission has been endorsed on the plat or sheets, unless authorization for such change has been granted in writing by the Commission.

(Ord. 1972-31. Passed 10-3-72.)

1123.06 ENFORCEMENT.

The provisions of this chapter shall be enforced in accordance with Ohio R.C. 711.01 thru 711.15.
(Ord. 1972-31. Passed 10-3-72.)

1123.07 FEES.

The following fees shall be paid by subdividers, and in the manner prescribed herein.

(a) Processing Fee. The owner, developer or subdivider shall at the time of presenting a preliminary plat to the Planning Commission pay a process fee in cash or certified check. This fee shall be a minimum of one hundred dollars ($100.00), or at a rate of ten dollars ($10.00) per lot, which ever is higher payable at the time of filing of the preliminary plat.
(Ord. 1972-31. Passed 10-3-72.)

1123.08 NOTICE TO DEVELOPER.

The owner, developer, or subdivider shall be required to secure a copy of the regulations pertaining to the development of land in the Municipality, and it shall be presumed that the owner, developer, or subdivider has complied with this requirement. The Municipality shall charge a fee of five dollars ($5.00) to those requiring copies of these regulations.

(Ord. 1972-31. Passed 10-3-72.)

1123.09 PRIVATE AND PUBLIC RESPONSIBILITY.

There is a mutual responsibility between the subdivider and the Municipality to assure that the division of land into lots for residential building sites, is carried out in a manner that will improve the general use pattern of the land being divided and to assure that adequate provision for public utilities and facilities and other improvements are made.

(Ord. 1972-31. Passed 10-3-72.)

1123.10 RELATION TO ZONING ORDINANCE.

All the new subdivisions are subject to the use regulations of the Municipal Zoning Ordinance for the Zone District in which it is located, including minimum lot frontage and area requirements. When the intended use of all or part of the platted area, as declared in the letter of submittal and as shown on the preliminary plat, would put it in a more restrictive zone district than the existing zone district for the area included, said declaration shall be considered a petition for the rezoning of the platted area.
(Ord. 1972-31. Passed 10-3-72.)

1123.11 REQUIRED IMPROVEMENTS.

The Planning Commission shall require that the subdivider or developer provide the following improvements in any proposed subdivision to be laid out and developed within the corporate limits of the Municipality. All such improvements shall be made by the subdivider or developer at his cost and shall be installed in accordance with all Engineering Standards and Specifications established by the Municipality or its Engineer. The developer shall present six copies of as-built drawings before the issuance of a building permit in such subdivision or development. No building permit may be issued by any Municipal officer or employee in any subdivision until this section is complied with. The Municipality reserves the right to inspect and examine all installations at the time of construction as a precedent to acceptance of such improvements, and forty-eight hours notice shall be given the Municipal Engineer or the Nuisance Officer prior to installation of final improvements or finished pavements.

(Ord. 1972-31. Passed 10-3-72; Ord. 2023-09. Passed 4-20-23; Ord. 2024-36. Passed 6-18-24.)

1123.12 WATER SUPPLY.

(a) The subdivider shall install all water lines proposed to serve each lot in the subdivision including all extensions from the main source, street lateral lines and corporation connections with valve box to front lot line or street line of each lot in the subdivision. No main water line or street lateral shall be less than six inches in diameter.

(b) Water mains established by either a municipally owned utility or private utility shall have a cover of a minimum of five feet. Water service lines of a municipally owned or a private utility shall have a cover of a minimum of three feet. Said cover to be of an acceptable type and method in applying. Said cover to be approved by the Municipal Engineer and/or the Nuisance Officer.

(Ord. 1972-31. Passed 10-3-72; Ord. 2023-09. Passed 4-20-23; Ord. 2024-36. Passed 6-18-24.)

1123.13 FIRE HYDRANTS.

The subdivider shall install at required points within the subdivision the required number of and acceptable type of fire hydrants, according to the standards of the National Fire Protection Association and as approved by the Village Administrator.
(Ord. 1972-31. Passed 10-3-72.)

1123.14 STORM SEWERS AND SURFACE WATER DRAIN FACILITIES.

The subdivider shall install all necessary facilities to adequately carry off all rain and surface water within the subdivision. Such installations shall include storm sewers of sufficient size, catch basins, street and driveway culverting and headwalls to natural drain areas or other sub- surface structures deemed necessary by the Municipality or its Engineer.

(Ord. 1972-31. Passed 10-3-72.)

1123.15 SANITARY SEWERS AND SEWAGE DISPOSAL FACILITIES.

(a) The subdivider shall install all necessary sewer mains, street mains and lateral connections completed to the front line of each lot within the subdivision, including all necessary man holes, required sumps or pumping stations.

(b) All sanitary sewer mains are to be no less than nine feet below grade or shall be no less than two feet lower than any basement to be served, whichever is greater. All service lines shall be a minimum of three feet deep and/or one foot lower than the basement or house line and extend to a gradual fall off the main.

(c) All plans for said sewer and water lines shall be presented and approved by the Village Administrator prior to work commencing on the same.

(Ord. 1972-31. Passed 10-3-72.)

1123.16 STREET IDENTIFICATION SIGNS.

The subdivider shall place at appropriate street intersections or where necessary, an approved type of metal street identification sign.
(Ord. 1972-31. Passed 10-3-72.)

1123.17 FINAL STREET GRADE.

Final street grade for any property development is to be established prior to the installation of utilities; said grade is to be approved by the Municipality or its Engineer.

(Ord. 1972-31. Passed 10-3-72.)

1123.18 EASEMENTS.

Where feasible, the installation of utilities under private property and not on public right- of-way is to be accomplished by obtaining twenty foot easement; said easement also to be ten feet on either side of the utilities installation.
(Ord. 1972-31. Passed 10-3-72.)

1123.19 ACCEPTANCE OF WATER AND SANITARY SEWER FACILITIES.

Prior to Council accepting, by ordinance, the water and sanitary sewer facilities of any development, written approval shall be obtained from the Village Administrator and presented to Council.
(Ord. 1972-31. Passed 10-3-72.)

1123.20 UTILITIES.

(a) Depth of Utilities. Any public utility, excluding water and sanitary sewer service that wishes to bury lines underground within the Municipality shall bury said lines as follows:

(1) Utility depth requirements. Telephone mains are to be buried at no less than twenty-four inch depth; electric and natural gas mains are to be buried no less than thirty inches deep.

(2) Exemption. Telephone drop lines or electric service lines or natural gas service lines to private subscribers are specifically exempted from a minimum depth requirement. It is understood that the burying of these utilities is such that no problem of ordinary maintenance is anticipated.

(3) Variance. Variances or deviations may be requested by a nonconforming utility and granted upon recommendation of the Municipal Engineer and approval by Council.

In a genuine emergency, and to avoid unnecessary delay, the Municipal Engineer is authorized to approve the variance application; in the absence of the Engineer the Mayor is empowered to approve said variance application.

(b) Set Back from Roadway. It is further required that the placement of a public utility main shall be a minimum of five feet from the edge of the paved roadway.

(Ord. 1972-31. Passed 10-3-72.)

1123.21 IMPROVEMENTS.

(a) Streets. The subdivider shall install on each street within the subdivision, finished and completed, paved hard wearing surfaced streets of the following type.

(1) A street established to the grade line, as shown on the engineering plans submitted, having a minimum crushed aggregate base section consisting of nine inches of 304 Crushed Aggregate Base, a coating of 408 Prime Coat, a layer of one and one-fourth inch 402 Asphalt Concrete and a one and one-half inch layer of 404 Asphalt Concrete. Also, four inch drainage tile will be required under the curbing. The bituminous base section consists of six inch of 302 Asphalt Concrete Base laid in three and one-half and two and one-half courses and a one inch layer of 404 Asphalt Concrete. This section does not require drainage tile under the curbing.

(2) Or, a street established to the proposed grade line with either a mountable or rolled curb, having a suitable sub-base. Said street is to be a pavement thickness of seven inch of concrete. Notice of the installation of the pavement under these sections shall be provided by the developer or subdivider.

(3) Minimum paving widths The minimum acceptable paved width for all subdivision streets shall be twenty-eight feet measured to the outside edge of curbs.

(b) Sidewalks. The subdivider may be required by the Planning Commission to install at the time of paving and finishing streets concrete sidewalks on each side of all paved streets, including corners, finished concrete sidewalk paving at least four inches thick and four feet wide with the inside edge of the walk located two feet in from the street right-of-way line.

(c) Monuments. Upon completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by the Engineer are clearly visible for inspection and use. Such monuments shall be inspected and approved by the Engineer before any improvements are accepted by Council. Bench marks for establishing surveys and grades of streets must be clearly tied into the plat.

(d) Bond. Before any subdivision plat is given final approval by the Planning Commission, the subdivider shall be required to have installed all storm sewers, sanitary sewers and water lines for the entire subdivision; pavement of the required hard finished street may be divided into no less than three sections; it shall be required that no less than one third of the entire subdivision will be paved according to this chapter, and a cul-de-sac shall be provided at the temporary terminus of the paved portion of said road. Further, before any subdivision plat is given final approval by the Planning Commission, Planning Commission may require the filing with the Village in Cash or by Corporate Surety Bond and amount that will cover the cost of all required improvements to be made by the subdivider. The amount of said bond or cash shall be approved by the Municipal Engineer following his examination and check of all plans, specifications and cost estimates furnished by the subdivider.

(e) Time Period. All required improvements shall be installed by the subdivider within a period of one year following the recording of an approved plat.

(f) Failure to Comply. In the event that the subdivider has failed to install all required improvements within the time specified or has not begun the work and is proceeding in a manner satisfactory to the Municipality or its Engineer, or defaults in any way from any accepted and approved plan or specification, such failure shall be deemed as a forfeiture of any posted bond or moneys. Upon certification of any such failure by the Engineer to Council, the Municipality may take such action, in the manner permitted by law to proceed with the completion or correction of all required improvements and defray all such costs as are necessary from the moneys or bond deposited by the subdivider, and no building permit shall be issued upon such certification by the Municipal Engineer of failure to comply and adhere to requirements of this chapter.

(Ord. 1972-31. Passed 10-3-72.)

(g) Acceptance. Council shall not accept any paved streets, water lines, or other improvements until the Municipal Engineer has certified in writing to Council that all improvements have been made according to specifications established by the Municipality and that all the offered improvements are in an acceptable condition and good state of repair.

(Ord. 1972-31. Passed 10-3-72.)

1123.22 STREETS AND ALLEYS.

The following regulations shall govern the layout and naming of streets.

(a) Relation to Adjoining Streets System. The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjoining areas (or their proper protection where adjoining land is not subdivided) at the same or greater width (but in no case less than the required minimum width) unless variations are deemed necessary by the Planning Commission for public requirements. The street arrangement shall be such as to cause no unnecessary hardship to owners of adjoining property when they plot their own land and seek to provide for convenient access to it. Where, in the opinion of the Planning Commission it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary of such property. Half streets along the boundary of land proposed for subdivision will not be permitted.

(b) Minor Streets. Minor streets shall approach the major or collector streets at an angle of not less than eighty degrees.

(c) Street and Alley Widths, Cul-de-sacs, Easements, Numbers. The minimum width of proposed streets, measured from lot line to lot line, shall be as follows:

(1) Major Streets (main highways) - Not less than 100 feet.

(2) Collector Streets (minor highways) - Not less than eighty feet.

(3) Feeder Streets (highways connectors) - Not less than sixty feet.

(4) Local service streets or minor streets which cannot be extended in the future (Normal subdivision street) - Not less than fifty feet.

(5) Alleys, if permitted - Not less than twenty feet.

(d) Alleys. Alleys shall have a minimum width of twenty feet. Alleys may be required in the rear of business lots, but will not be accepted in residential blocks except under unusual conditions where such alleys are considered necessary by the Planning Commission.

(e) Cul-de-sacs. Minor terminal streets (Cul-de-sacs) shall be not longer than 400 feet, to the beginning of the turnaround, except when contour conditions are such as to make greater distances necessary. Each cul-de-sac shall be terminated by a turnaround of not less than 100 feet in diameter. If surface water drainage is into the turnaround, due to the grade of the street, necessary catch basins and drainage easements shall be provided.

(f) Basements Through Adjoining Property. The Planning Commission shall require that easements for drainage through adjoining property be provided by the subdivider, and easements of not less than twenty feet in width for water, sewers, draining, power lines and other utilities shall be provided in the subdivision.

(g) Street Names and/or Numbers. Proposed streets which are named, shall bear the names of the exiting street. Failing to meet the above stipulation, in no case shall the name of proposed streets duplicate existing street names-irrespective of the use of the suffix street, avenue, boulevard, driveway, place, or court. Street names shall be approved by the Planning Commission. Names of existing streets shall not be changed except by approval of Council.

(h) Layout of Streets. In all hillside areas streets running with contours shall be required by the Planning Commission not to intersections are approved by the Municipal Engineer. Whenever possible, streets should intersect at right angles.

(Ord. 1972-31. Passed 10-3-72.)

1123.23 BLOCKS.

(a) The maximum length of blocks generally shall be 1200 feet and the minimum length of blocks shall be 500 feet. In blocks over 800 feet in length, there may be required a dedicated walkway through the block at approximately the center of the block. Such walkway shall be not less than five nor more than ten feet in width.

(b) The width of blocks generally shall be sufficient to allow two tiers of lots.

(c) Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

(Ord. 1972-31. Passed 10-3-72.)

1123.24 LOTS.

(a) The lot arrangement, design, and shape shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to topography, and conform to requirements set forth herein. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage which would be unusable for normal purposes.

(b) All lots shown on the subdivision plat shall conform to the minimum requirements of the Zoning Ordinance, then in effect, if any, for the zone in which the subdivision is located, and to the minimum requirements of the Municipal Health Department for water supply and sewage disposal. The minimum width for any residential building lot shall be as required by the Zoning Ordinance then in effect for zoned areas.

(c) Each lot shall abut on a street dedicated by the subdivision plat or an existing publicly dedicated street which has become public by right of use and is more than thirty feet wide. Interior lots in Residence Zones having frontage on two streets shall be prohibited except where unusual conditions make other design impossible.

(d) Corner lots shall have extra width sufficient for maintenance of required building lines on both streets as required in the Zoning Ordinance.

(e) Side lines of lots shall be approximately at right angles, or radial to the street line.

(f) Remnants of Lots Forbidden. All remnants of lots below minimum size left over after subdividing of a large tract shall be added to adjacent lots rather than allowed to remain as unusable parcels.
(Ord. 1972-31. Passed 10-3-72.)

1123.25 TWO OR MORE PARCELS IN SEPARATE OWNERSHIP.

Where the land covered by a subdivision includes two or more parcels in separate ownership and the lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to either single ownership before approval of the final plat, and such transfer certified to the Planning Commission by the Recorder.

(Ord. 1972-31. Passed 10-3-72.)

1123.26 PUBLIC PURPOSE AREAS.

(a) The Planning Commission may require subdividers and land developers to set aside land for playgrounds, parks, schools, and other public and quasi-public purposes.

(b) Subdividers shall not be required to dedicate land for Municipal playgrounds or for parks in excess of ten percent (10%) of the area in lots excluding street right-of-way without reimbursement by the Municipality. Where reimbursement is made for land in addition to the ten percent (10%) requirement, it shall be made on the basis of a proportionate share of ground costs and improvements on a front foot basis plus ten percent (10%) for profits based on the cost of land and improvements for that land which is required in excess of the ten percent (10%) herein specified.
(Ord. 1972-31. Passed 10-3-72.)

1123.27 COMPENSATORY REDUCTION IN LOT SIZES.

(a) Wherever platted lots of a proposed subdivision are contiguous to any required park, recreation, or playground area, the subdivider may elect to reduce proportionately to the total area of park, recreation, or playground provided as compared to the total lot areas of contiguous lots, the size of contiguous lots. The total area of such lots may be reduced to less than that required in the Zoning Ordinance, but in no case by more than ten percent (10%) of the total required area.

(b) Subdividers shall not be required to furnish land for public purposes other than parks and play areas except on a reimbursement basis. They shall be reimbursed by the Church, School Board, or Municipality requiring the land at a cost not exceeding the cost of improvements on the land so required plus ten percent (10%) for profit. In any event subdividers shall not be required to hold land for other public purposes longer than one year without its being purchased. At the expiration of one year following the filing of the subdivision plat if the public services for which the land has been set aside have not accepted the opportunity of purchasing said land, the subdivider shall have the right to dispose of this reserve land in the same manner and for the same uses to which the rest of the subdivision has been platted and sold. The subdivider shall indicate on his final plat by dotted lines and dotted lot numbers, the sizes and the dimensions of lots which would be created within the boundaries of any land set aside for public purposes in the event that such land was not required or purchased as set forth herein, and at the end of the one year specified, may sell or otherwise dispose of such lots.
(Ord. 1972-31. Passed 10-3-72.)

1123.28 ACREAGE OR GARDEN SUBDIVISIONS.

Land subdivided into tracts of one acre or more and intended as semi-rural gardening tracts shall be designed, as far as practicable to facilitate the future division of these parcels into smaller building lots with the provisions at such future time of a convenient and economical street system. Acreage or garden subdivision shall be so designated on the plat.
(Ord. 1972-31. Passed 10-3- 72.)

1123.29 PLATTING OF PART OF A TRACT.

Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts in the future, a sketch plan for the entire tract shall be submitted with the preliminary plat.

(Ord. 1972-31. Passed 10-3-72.)

1123.30 SUBDIVISION PROCEDURE; PRELIMINARY PLAT.

(a) Letter of Submittal. At the time of filing a preliminary plat for a proposed subdivision the subdivider or developer shall submit to the Planning Commission a letter containing the following information: name and address of the land owner and/or developer, number of acres and lots, all proposed private restrictions, the extent and character of all improvements guaranteed to be installed and requested for approval of such preliminary plat and authorization to proceed with development.

(b) Copies. Six blue print copies or equivalent copies of a preliminary plat for the proposed subdivision shall be submitted to the Commission.

(1) The number of lots and total acreage for which approval is being requested;

(2) The names and addresses of the developer, surveyor, and engineer, the book and page number of previous deed references;

(3) The name of the subdivision, its location by section, township, range and by a tie-in to one or more established property corners; north point, acreage, scale; date of preparation of the plat;

(4) Courses, distances and angles of the boundary lines of the plat; identification of abutting subdivisions; the names of owners of abutting acreage tracts as indicated by tax records;

(5) Section, corporation and township lines;

(6) Bodies of water, water courses, and other important natural features within the tract;

(7) Five foot contours within the tract. This requirement may be waived by the Commission for acreage or garden subdivisions;

(8) The elevation datum used and the benchmarks from which the elevations are determined;

(9) Any existing ownership lines and structures within the tract;

(10) Existing streets, alleys and public easements, together with the names and dimensions of each, within the tract and within 300 feet of it;

(11) Names and dimensions of proposed streets, alleys, parks and other public areas; location and dimensions of easements for utilities and other public or semi-public purposes, including any proposed conditions and restrictions upon such uses;

(12) Radii of street line curves;

(13) Approximate dimensions of lots and blocks. Blocks shall be identified by letters and lots by numbers;

(14) Proposed location and type of monuments. These shall be placed at all block corners, angle points and points of curves in streets;

(15) Proposed set-back lines;

(16) Designation of any areas set aside for business, industrial or institutional uses; and

(17) Existing sewer, water mains, and culverts within and in the vicinity of the plat.

(d) Material to Accompany the Preliminary Plat.

(1) There shall be submitted with the preliminary plat four prints of one or more sheets showing profiles and typical cross sections of the streets within the plat, which shall be approved by the Municipal Engineer. This information shall include:

A. The present ground level at the center line of the street;

B. The proposed street grade at the center line of the street;

C. The location, size, type and grade of all proposed sewer and water lines and manholes within the area of the plat, including connections to existing or future lines beyond the plat.

D. The location, size and type of culverts to be installed;

E. Data on sidewalks, hydrants, street lighting and monuments that are to be installed; and

F. Typical street cross sections showing base courses, surfacing curb and sidewalks.

(2) The horizontal scale of these sheets shall be the same as the plat; the vertical scale shall be ten times the horizontal scale.

(3) Where public sanitary sewage services are not available to all or any part of the area shown on a subdivision plat, the subdivider shall be required to provided a temporary sewage disposal system to be approved by the Board of Village Administrator.

(4) Sufficient data to show the suitability for development and the proposed layout of streets for any property owned by the developer that adjoins the area of the preliminary plat.

(e) Copies to other Agencies. The Commission shall submit a copy of the preliminary plat and accompanying material to the Municipal Engineer for a check of the accuracy and adequacy of the survey and engineering data and of the proposed monuments, and copies to the Public Utilities Department, County Health Department and the public utility companies for check and report on the feasibility of extending their respective services.

(f) Planning Commission Action. The Planning Commission shall act within forty-five days on the request by the developer following receipt of reports from the public and semi-public agencies that receive copies of the plat. The action of the Commission to approve request changes or disapprove the plat shall be reported to the developer in writing.

(g) Approval is Tentative. Approval of the Preliminary Plat by the Planning Commission shall constitute tentative approval only and does not authorize the developer to record the plat as an approved subdivision. This approval shall become void if approval of the final plat of a major part of the subdivision is not forthcoming within three years from the date of approval of the preliminary plat.
(Ord. 1972-31. Passed 10-3-72.)

1123.31 FINAL PLAT.

(a) Submission. After approval of the preliminary plat, the developer shall submit a final plat drawn in India ink on tracing cloth or equivalent and to a scale of one inch equals fifty or 100 feet. The developer may choose to submit successive final plats of sections or blocks of an area of an approved plat. In this case sufficient data shall be shown with each section to correlate it with other sections.

(b) Contents. The final plat shall show:

(1) The name of the subdivision, its location by section, township, range, and by a tie-in to one or more established property corners; north point; acreage scale; date of preparation of the plat;

(2) The book and page numbers of previous deed references, present land proprietor, and certifications for the Planning Commission, Municipal Engineer and County Health Department;

(3) Courses, distances and angles of the boundary lines of the plat;

(4) Names of adjoining subdivisions;

(5) Bodies of water, water courses and other important natural features within the tract;

(6) Names and dimensions of publicly dedicated streets, alleys, and parks and other public areas, location and dimensions of easements for utilities and other public or semi-public purposes, including any conditions and restrictions upon such uses;

(7) Angles in street lines, and between street lines and plat boundary lines;

(8) Numbering and dimensions of lots;

(9) Radii of street curves on property lines; delta, tangent and length of arc or chord (specify) for each lot with curved boundaries; bearings and dimensions of straight lot boundaries;

(10) Lettering of blocks;

(11) Building Line setbacks;

(12) Locations and types of monuments;

(13) All restrictions or limitations on the use of lots in subdivision;

(14) The following certifications and approval;

A. Certification by the registered engineer or surveyor as to the correctness of the surveys, field data and monuments as shown;

B. Certification by the developer as to the ownership of the land area of the plat, the public dedications and easements offered, and his knowledge and approval of the representations certified to on the plat by his authorized agents. The developer shall also affirm his responsibility to replace any monuments shown on the plat that may be destroyed or damaged during the construction of roads or buildings. However, this responsibility shall not last longer than five years after final approval of the plat. All dedications of public rights of way or other public areas and easement reservations, shall be in form approved by the Municipal Solicitor;

C. Approval of the County Board of Health of any private sewage disposal systems; and

D. Approval of the Village Administrator as to the suitability of the water and sewage systems proposed by the subdivider.

(1) There shall be submitted with the final plat one or more drawings showing the profiles and typical cross sections of the streets within the plat. This information shall include:

A. The present ground level at the center line of the streets;

B. The proposed street grade at the center line of the streets;

C. The location, size, type and grade of all proposed sanitary sewer and water lines and manholes within the area of the plat, including connections to existing or future lines beyond the plat;

D. The location, size and type of storm sewers or culvert to be installed;

E. Data on sidewalks, hydrants, street lighting and street identification signs that are to be installed; and

F. Typical street cross sections showing base courses, surfacing, curbs and sidewalks.

(d) Certifications. The drawing of construction details shall contain the following certifications:

(1) By the surveyor or engineer as to the accuracy of the date shown thereon.

(2) By the developer that the improvements have been completed as shown or to be completed within the specified period of time under a performance bond that has been filed with the Village or its authorized representative.

(Ord. 1972-31. Passed 10-3-72.)

1123.32 FINAL APPROVAL.

(a) The Planning Commission shall give final approval to a plat if all requirements have been met. Approval too, shall be given by a majority of the members of the Commission on formal vote and recorded in the minutes of the Commission.

(b) Upon approval having been given the signatures of the Commission members shall be affixed to the plat together with all other required certifications.

(c) Upon signing, the subdivider shall caused the final plat to be recorded with the Jefferson County Recorder, paying for same. Upon signing, the subdivider shall be responsible for the recording costs therein.
(Ord. 1972-31. Passed 10-3-72.)

1123.33 COPY OF RECORDED PLAT.

Subsequent to recording of the plat by the County Recorder, the subdivider shall have prepared, a reproduction of the recorded plat, done in ink or tracing cloth. The ink tracing required herein shall be permanently retained on file by the Planning Commission for the Municipality.

(Ord. 1972-31. Passed 10-3-72.)

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.)