Bridgeport City Zoning Code
CHAPTER FIVE
Subdivision Regulations
ARTICLE 1343 Improvement and Construction Requirements
1333.01 PURPOSE.
Subdivision Regulations are hereby adopted for the purpose of:
(a) Assuring sites are suitable for building purposes and human habitation.
(b) Coordinating new streets and roads with existing and proposed planned roads and highways.
(c) Coordinating and extending facilities included in the comprehensive plan.
(d) Establishing minimum lot dimensions, including area of lots within the proposed subdivision.
(e) Distributing population and traffic in a manner tending to create conditions favorable to health, safety, convenience and the harmonious development of the Municipality. (Ord. 6-95. Passed 7-24-95.)
1333.02 POWER; ADOPTION; JURISDICTION.
(a) After these Subdivision Regulations have been adopted and a certified copy filed with the City, the Planning Commission shall have control over the approval of all plats involving land covered by the Regulations. Such approval shall be subject to conditions conforming to State Health and Highway Department regulations.
(b) Under the provisions of West Virginia Code 8-24-1 et seq. which provisions are hereby made a part hereof, these following Regulations governing the subdivision of land are hereby adopted by Council on April 8, 1980.
(c) On or after April 8, 1980, these Regulations shall govern each and every subdivision of land with respect to incorporated territory within the limits of the City, as now or hereafter established; except that these Regulations shall not apply to those subdivisions, plats of which have been recorded with the Office of the Clerk of the County prior to the effective date hereof. The effect on plats filed with the Clerk of the County Commission before the adoption shall only pertain to that land area that has been platted and any adjacent or adjoining land not platted shall be subject to the new Regulations and if only a portion of a developer's land is platted and recorded prior to the adoption of these Regulations then any new plats for the balance of the developer's land shall conform to the new Regulations. These Regulations shall not apply to divisions and plats of land made by testamentary disposition, by judicial sale, trustee's sale or into cemetery lots, or partitioned by the owners thereof among themselves under a decree by a court of competent jurisdiction.
(Ord. 6-95. Passed 7-24-95.)
1335.01 APPROVAL.
A final plat of a subdivision shall not be recorded by the County Clerk unless it has first been approved, dated, and stamped by the Planning Commission.
The filing and recording of a plat involving the subdivision of lands covered by the Subdivision Regulations shall be without legal effect unless approved by the Commission; provided, that failure to obtain Commission approval shall not invalidate or affect the title to any land within the area of such plat; provided, however, that if such plat shall bear the seal of the Commission it shall be presumed to have been approved thereby.
(Ord. 6-00. Passed 8-14-00.)
1335.02 INSPECTION.
The City Engineer or duly authorized agent of the City shall conduct periodic in-the-field inspections of all construction and installations required under these Subdivision Regulations during the time of construction requirements of these Regulations. He shall also conduct a final inspection of the construction and installations required and shall make and certify to the Commission a report of compliance by the subdivider before the final plat is approved. (Ord. 6-95. Passed 7-24-95.)
1335.03 MODIFICATIONS, VARIANCES AND WAIVERS.
If it is determined that strict compliance with these Subdivision Regulations would result in undue and unnecessary hardship to the subdivider due to unusual topography or conditions beyond the control of the subdivider then the Planning Commission may modify, vary or waive such requirements provided that such modification, variance or waiver will not nullify the intent or purpose of these Regulations, and provided further that such modification, variance or waiver and the reason therefor shall be entered upon the minutes of the Commission. (Ord. 6-95. Passed 7-24-95.)
1335.04 VARIANCE CONDITIONS AND APPLICATIONS.
(a) In granting modifications, variances or waivers, the Planning Commission may attach such other reasonable conditions as will, in its judgment, justify such modifications, variances and waivers and still maintain substantially the objectives of these Subdivision Regulations.
(b) Each and every modification, variance or waiver of these Regulations sought by the subdivider shall be specifically applied for in writing in letter application form setting forth the reasons that the subdivider feels he qualifies under this article. Any condition shown on the plat which would require a modification, variance or waiver, shall constitute a ground for disapproval of the plat unless such special application for modification, variance or waiver is made and granted by the Commission. (Ord. 6-95. Passed 7-24-95.)
1335.05 PERMIT.
Prior to the issuance of a building permit allowing the construction of any structures, the subdivision must have final plat approval, and be duly recorded in the office of the Clerk of Harrison County. (Ord. 6-00. Passed 8-14-00.)
1335.06 AMENDMENT.
Council may from time to time adopt amendments that will tend to increase the effectiveness of these Subdivision Regulations and expedite the approval of the subdivision plats. These Regulations and amendments thereto may be modified, changed, amended or rescinded only by action of Council by following the same procedure set forth in West Virginia Code 8-24-18 to 8-24-22 for the adoption of a comprehensive plan.
(Ord. 6-95. Passed 7-24-95.)
1335.99 PENALTY.
Under the provisions of West Virginia Code 8-24-66 to 8-24-68, any individual, firm, association, syndicate, trust, co-partnership, corporation or other legal entity who subdivides any lot, tract or parcel of land; lays out, constructs, opens or dedicates any street, sanitary sewer, storm sewer, sidewalk or water main for public use or travel or for the common use of occupants of buildings abutting thereon; sells any lot or erects any building in a subdivision without having first complied with the provisions hereof and the Subdivision Regulations adopted hereunder; shall be subject to the procedure of the City Police; and such individual or the members of such co-partnership or the officers of such corporation responsible for such violation shall be sentenced to pay a fine of not less than ten dollars ($10.00) and not more than three hundred dollars ($300.00) for each offense, and each day that he continues such violation after notification shall constitute a separate offense punishable by a like fine or penalty. (Ord. 6-95. Passed 7-24-95.)
1337.01 DEFINITIONS.
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 following words shall, for the purpose of these Regulations, have the meaning herein indicated.
(1) "Alley" means a minor right of way providing secondary vehicular access to the side or rear of two or more properties.
(2) "Base course" means the layer of a street immediately in contact with the natural soil.
(3) "Bench mark" means a point of known or assumed elevation in or near the subdivision.
(4) "Building lines" means the lines within the property defining the required minimum distances between any structures and the road or alley right of way or abutting lots.
(5) "Cartway" means that portion of the road right of way surfaced for vehicular use.
(6) "Code" means the Code of West Virginia, 1931, as amended.
(7) "Commission" means the City Planning Commission.
(8) "County" means the County of Harrison.
(9) "Covenant" means an agreement or restriction placed on a parcel of land.
(10) "Crosswalk" means provision for a pedestrian way through a block or across a street or road of excessive length.
(11) "Cul-de-sac" means a residential street with only one end open to traffic and pedestrian access, permanently terminated by a vehicular turnaround.
(12) "Dedication" means the deliberate appropriation of land by its owner for any general or public use, reserving unto himself no other rights than those compatible with the full exercise and enjoyment of the public use.
(13) "Developer" means an individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity or agent thereof that undertakes the activities covered by these regulations, particularly the drawing up of the land development and subdivision showing the layout of the land and the public improvements involved therein. Inasmuch as the subdivision plan is merely a necessary means to the end of assuring satisfactory development, the term "developer" is intended to include the terms "subdivider", "owner" and "builder" even though the persons involved in successive stages of the project may vary.
(14) "Easement" means the grant by a property owner of the use of land by others for a specific purpose or purposes.
(15) "Engineer or city engineer" means a registered engineer authorized to practice civil engineering in the State and shall include any consulting engineer employed by the Commission or a representative of Council appointed by Council.
(16) "Front lot line" means the parcel boundary at the street or road right of way.
(17) "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 sewage disposal facilities.
(18) "Lot" means a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or record or survey map or by metes and bounds, for the purpose of sale or lease to, or separate use of, another.
A. Single-family lot. A lot upon which is situated or is to be situated a single- family dwelling.
B. Multi-family lot. A lot upon which is situated or is to be situated a multiple- family structure such as apartments or condominiums.
(19) "Monument" means a point of known position, established by an engineer or surveyor, and used to locate property lines, building lines, etc.
(20) "Obligee" means a person in favor of whom some obligation is contracted.
(21) "Plat of a subdivision" means a representation on paper of a parcel of land subdivided into lots showing all salient features.
(22) "Person" means any individual, firm, trust, partnership, public or private association or corporation.
(23) "Profile" means a side view of the centerline of a street, showing grades, transition curves and lengths.
(24) "Restriction line" means an imaginary line in a subdivision (building lines and easements) that restricts building locations in any way.
(25) "Right of way" means land reserved for use as a road, street, alley or crosswalk.
(26) Subdivision roads and streets are as follows:
A. Feeder. Roads which, in addition to giving access to abutting properties, intercept local roads and provide routes carrying local traffic to community facilities and to primary highways.
B. Local. Roads used primarily to provide access to abutting properties.
(27) "Subdivider or applicant" means any individual, firm, association, syndicate, trust, co-partnership, corporation or any other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
(28) "Subdivision" means the partition or division of a lot, tract or parcel of land into two or more lots, plats, sites, parcels or other divisions of land, for the purpose, whether immediate or future, of sale, lease, transfer of ownership or of building development.
Subdivision includes resubdivision and, when appropriate to the context, relates to the process of subdividing and to the land or territory subdivided.
“Subdivision” as used herein shall not include the division of land by adjoining property owners to effect a boundary adjustment if the same does not result in additional lots and if the tract, parcel or lot divided becomes a part of the adjoining lot or lots, provided, however, that no such division shall serve to create any condition which does not otherwise comply with the terms and provisions of the ordinances of the City. Also, the term shall not include the subdivision as a result of a partition of land by an appropriate court of law, or the division of land for public purposes such as public schools, parks, roads and utility systems.
(29) "Surveyor" means an individual licensed to practice land surveying in the State.
(30) "Tract boundary" means the perimeter of a subdivision.
(31) "Variance" means any departure from the provisions of these Regulations granted to the subdivider by the Commission or a court of competent jurisdiction.
(32) "Subdivision Regulations" or "these Regulations" means the Ordinance of April 8, 1980, as amended, which is codified as Chapter Five of this Part Thirteen - Planning and Zoning Code.
(Ord. 6-00. Passed 8-14-00.)
1339.01 GENERAL.
To obtain approval of a proposed subdivision and plat thereof, the subdivider or applicant shall apply and submit to the Planning Commission or secretary thereof, all information as regulated by the City of Bridgeport Design and Construction Standards Manual as referenced in Section 1341.02. (Ord. 6-95. Passed 7-24-95.)
1339.02 PREAPPLICATION.
Prior to filing a preliminary plat, the applicant shall schedule a meeting with the City Engineer, City Planner and Zoning Administrator to present plans initially and discuss the conditions and restrictions the applicant will be legally bound to comply with.
(Ord. 6-95. Passed 7-24-95.)
1339.03 APPLICATION.
The subdivider may then apply and submit the preliminary plat to the Planning Commission for review. Along with all City staff notes, the preliminary plat must contain all information as referenced in the City of Bridgeport Design and Construction Standards Manual referenced in Section 1341.02. The preliminary plat must be presented to the Commission or secretary thereof at least fifteen days prior to a regularly scheduled meeting of the Planning Commission, otherwise the proposed preliminary plat shall not be considered at that meeting. Such preliminary plats shall be of the total land to be ultimately developed and then may be identified as “Phases”.
(Ord. 6-00. Passed 8-14-00.)
1339.04 PRELIMINARY PLAT.
(a) Review. The Commission shall review the preliminary plat submitted to insure compliance with any of the requirements of these Subdivision Regulations.
(b) Approval or Rejection. The Commission shall notify the subdivider of the scheduled date, place, time and agenda of the meeting at which the proposed preliminary plat is to be reviewed. The date for such meeting shall not be more than sixty days from the date of submission of the preliminary plat for approval. The Commission shall act on the preliminary plat stating its approval, conditional approval or disapproval. If approved conditionally, and if necessary, the Planning Commission may require the subdivider to submit a revised preliminary plat. If any of the requirements are modified or waived, the reasons for such shall be specified. If the Commission should disapprove the preliminary plat, recommendations shall be made on the basis of which the proposed subdivision would be approved. Approval of a preliminary plat shall not constitute approval of a final plat, but rather shall indicate an expression of approval of the layout submitted on the preliminary plat as a basis to the preparation of the final plat. The Commission shall retain the preliminary plat.
(c) Once the preliminary plat is approved by the Commission, the construction of the infrastructure shall begin. The installation of all utilities, streets, lighting, sidewalks, and any other improvement shall be installed as regulated by the City of Bridgeport Design and Construction Standards Manual as referenced in Section 1341.02 and inspected as referenced by Section 1335.02. Once all improvements are complete and certified by the City Engineer, the applicant shall apply to the Planning Commission for final plat approval.
(Ord. 6-95. Passed 7-24-95.)
1339.05 FINAL PLAT SUBMISSION.
The subdivider shall submit the final plat to the Planning Commission or secretary thereof. Upon receipt of the final plat, the Commission shall set a date, time and place for a hearing; notify the applicant of the scheduled place, date, time and agenda of the hearing, at which the subdivision and final plat thereof are to be considered; and at least thirty days prior to the date set for hearing shall publish a notice of the date, time and place of the hearing as a Class I legal advertisement in compliance with the provisions of West Virginia Code Article 59-3; and shall notify by direct mail any governmental unit having a probable interest in the proposed plat of the date, time and place of such hearing. (Ord. 6-95. Passed 7-24-95.)
1339.06 ACTION ON FINAL PLAT.
(a) Basis for Approval. In determining whether an application for approval shall be granted, the Commission shall employ the guidelines set forth in West Virginia Code 8-24-30 and the requirements of these Subdivision Regulations.
(b) Hearing; Submission of Record; Approval or Disapproval. After the public hearing, the Commission shall approve or disapprove the final plat. If the Commission approves the plat, it shall affix the Commission's seal upon the plat. If it disapproves the plat, it shall set forth its reasons and supply the applicant with a copy thereof. In either case, the applicant will be notified of the results by certified mail.
(c) Fees. The City shall establish a uniform schedule of fees proportioned to the cost of checking and verifying proposed plats and conducting field inspections of the infrastructure installation. An applicant shall pay the specified fee at the time of filing his application for preliminary plat approval. (Ord. 6-95. Passed 7-24-95.)
1339.07 DISPOSITION OF PLATS.
One copy of the approved final plat shall be retained by the Commission, and one copy shall be filed by the City according to Section 1339.11(a). A third copy shall be returned to the subdivider. (Ord. 6-95. Passed 7-24-95.)
1339.08 APPROVAL OF PLAT; FAILURE OF COMMISSION TO ACT.
In the event that the Planning Commission fails to approve or disapprove a final plat within 120 days from submission of the final plat, such plat shall be deemed to have been approved by the Commission, and a certificate to that effect shall be issued by the Commission and/or the seal of the Commission shall be affixed upon such final plat upon demand; provided however, that the applicant may waive this requirement and consent to the extension of such period. (Ord. 6-95. Passed 7-24-95.)
1339.09 PLATTING REQUIREMENTS.
Per City of Bridgeport Design and Construction Standards Manual as referenced in Section 1341.02. (Ord. 6-95. Passed 7-24-95.)
1339.10 CONDITIONS OF ACCEPTANCE.
Recording.
(a) Within thirty days after the date of the final plat approval, the City shall submit the plat to the County for recording. The County Clerk shall record the plat and the recording fee shall be paid by the subdivider. The Clerk shall not record the subdivision plat without approval of the Planning Commission as indicated by the official seal.
Approval of the subdivision shall not become final and effective for purposes of further action until such certificate has been filed.
(b) Every street, sidewalk, utility, lighting, park or other improvement shown on a subdivision plat shall be deemed to be private until such time as the same shall have been offered for dedication in writing and accepted by the City Council or State Department of Highways or until it shall have been condemned for public use. (Ord. 6-00. Passed 8-14-00.)
1339.11 CERTIFICATES; AFFIDAVITS; APPROVALS.
The final plat shall contain an Engineer's certificate in form satisfactory to the Commission. The final plat shall contain forms for approvals and recordings required by the Commission. (Ord. 6-00. Passed 8-14-00.)
1341.01 APPLICATION OF STANDARDS.
The following land subdivision principles, standards and requirements shall be applied by the Commission in evaluating the plans for proposed subdivisions and shall be considered minimum requirements. (Ord. 6-95. Passed 7-24-95.)
1341.02 DESIGN AND CONSTRUCTION STANDARDS MANUAL.
All subdivisions shall be designed, improved, and constructed per the City of Bridgeport Design and Construction Standards Manual. This manual is on file and made available at City Hall. (Ord. 6-95. Passed 7-24-95.)
1355.01 ADOPTION.
There is hereby adopted and incorporated by reference as if set out in length herein that certain technical code known as the Construction and Design Standards Code for the City of Bridgeport, Harrison County, West Virginia, effective August 1, 1995.
(Ord. 7-95. Passed 7-24-95.)
1355.02 CONFLICT OF LAWS.
In the event of any conflict between any provisions of this article and any such provision of any other City ordinance, that provision which establishes the higher or stricter standard shall prevail. (Ord. 7-95. Passed 7-24-95.)
1355.99 PENALTY.
Any person, firm or corporation violating the provisions of the Construction and Design Standards Code of the City of Bridgeport shall be subject to the penalties provided in Section 101.99. (Ord. 7-95. Passed 7-24-95.)
CODIFIED ORDINANCES OF BRIDGEPORT