Martinsburg City Zoning Code
ARTICLE 1305
Subdivision and Land Development Application and Approval Requirements
1305.01 TERMINOLOGY AND PROCESSING ALTERNATIVES.
(a) Terminology and Processing Alternatives of Subdivision or Land Development covers the following circumstances:
(1) The term Subdivision or Land Development can either be a combined process or a single step process as described in subsection (a)(3)A. and C.
(2) Minor Subdivision.
A. Does not require a Preliminary Plan and Plat Approval, only a Final Plat Approval.
(3) Major Subdivision or Land Development.
A. Major Subdivision. Preliminary Plan Approval and a Final Plat Approval is required. Phasing is permitted in this scenario. A Sketch Plan is optional.
B. Land Development. A Preliminary Plan Approval is required for the submission of a Building or multiple Buildings on one Lot where there is no Subdivision of land. A Sketch Plan is optional.
C. Major Subdivision and Land Development. A Preliminary Plan and Plat Approval and a Final Plan and Plat Approval is required for the submission of a Building or multiple Buildings and will require the merger, adjustment or Subdivision of land. A Sketch Plan is optional.
(Ord. 2022-13. Passed 11-10-22.)
1305.02 APPLICABILITY.
(a) Minor Subdivision and Major Subdivision and/or Land Development. The procedures set forth in this article apply to Minor Subdivision and Major Subdivision and/or Land Development, which are defined as follows:
(1) Minor Subdivision. A Minor Subdivision is a Subdivision that will not require the Development or extension of off-tract infrastructure or Improvements, municipal or other local governmental facilities or Improvements, or Public Streets or Roads. Only the following shall be considered Minor Subdivision:
A. Division of one parcel into a maximum of four (4) parcels. The division of one (1) existing parcel into a maximum of four (4) proposed parcels including the remaining parent tract if, and only if, the new parcels and the residue parent tract will each:
1. Adjoin an existing Public Street or Road, and
2. Satisfy the minimum Lot size requirements for the Zoning District in which the land is located.
B. Only three (3) new parcels plus the residue parent tract may be created from a parent tract existing as of the effective date of this Ordinance pursuant to a Minor Subdivision. Any further Subdivision or Development of the new parcel or the residue parent tract will not be a Minor Subdivision and must be processed under the Major Subdivision provisions of this Ordinance. Such division shall meet the standards of Section 1305.03
(c).
C. Minor Boundary Line Adjustments. Minor boundary line adjustments, including transfer of parcels of land to achieve a boundary line settlement, where no new parcels are created.
D. Merger. Merger or consolidation of the entirety of two or more contiguous parcels of land owned by the same Person. Once merged or consolidated, the new tract shall be a single parcel and any further Subdivision or Development of that tract must comply with this Ordinance.
E. Residential Construction. The construction, erection, installation or placement of one (1) single-family residence on a single parcel or Lot; provided that, such activity shall not be considered a Land Development subject to this Ordinance (excepting only the requirements herein for a Land Disturbance Permit) if the subject Lot was specifically identified as a separate identical Lot on a Final Plat approved as part of a previously approved Final Subdivision and/or Land Development Application for a Subdivision containing said Lot.
F. Testamentary Transfers. Division of land among devisees by will or heirs by intestacy if, and only if, each resulting parcel will satisfy the minimum Lot size requirements for the Zoning District in which the land is located.
G. Judicial Partition. Division of land pursuant to court order if, and only if, each resulting parcel will satisfy the minimum Lot size requirements for the Zoning District in which the land is located.
H. Re-Surveys. Surveys of existing Lots that do not alter boundary lines (although the Metes and Bounds descriptions of such lines may vary insignificantly from prior descriptions of such lines) or reflect a Subdivision and/or Land Development in any manner.
I. Utility Lots. Utility Lots or areas created for the purpose of facilitation, metering or transmission of a legal utility such as water, sewer, electric, gas, power, telephone, or rail transportation. The deed and Plat (including the Final Record Plat) shall contain the following statement:
“THE SUBJECT PROPERTY IS DEEMED A “UTILITY LOT” AND, AS SUCH, CLASSIFIED AS A MINOR SUBDIVISION UNDER THE MARTINSBURG SUBDIVISION AND LAND DEVELOPMENT ORDINANCE THE SUBJECT PROPERTY SHALL NOT BE USED FOR ANY USE OTHER THAN THE LEGAL UTILITY FOR WHICH THE LOT WAS DESIGNED. IF THE SUBJECT PROPERTY IS TRANSFERRED OR USED FOR ANY OTHER USE, THE PRIOR MINOR SUBDIVISION SHALL BE VOID AND DEEMED NOT TO HAVE OCCURRED AND THE TRANSFER OR CHANGE IN USE SHALL BE DEEMED TO CONSTITUTE THE SUBDIVISION OF THE PROPERTY, WHICH MUST COMPLY WITH ALL PROVISIONS OF SAID ORDINANCE”
J. Notwithstanding the foregoing, if any of the following conditions apply, the subject Subdivision will not be considered a Minor Subdivision:
1. The Subdivision would create a Lot that is in more than one Zoning District;
2. The proposed Subdivision is a Planned Unit Development; or
3. If the Final Record Plat of the subject Subdivision could impact an approved special requirement or condition of the property established at an earlier date.
(2) Major Subdivision and/or Land Development. A Major Subdivision and/or Land Development is any Subdivision and/or Land Development that does not meet the criteria specified in this Ordinance for classification as a Minor Subdivision.
(b) Review Fees.
(1) Review fees for the reasonable and necessary charges for a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor retained by the City as necessary to review and report on a Subdivision or Land Development Application for a Major Subdivision and/or Land Development shall be paid by the Applicant. Such review fees shall be established by resolution of the City Council and shall be reasonable and not more than the total rate of compensation paid by the City to the respective Professional Consultants. The City, in its discretion, may require the Applicant to establish an interest-bearing escrow account with the City to pay review fees or bill the Applicant on a monthly basis for the review fees.
(2) If the City elects to require the Applicant to establish an interest-bearing account, an initial amount to be deposited in the escrow account shall be determined by the City based upon an estimate by the City’s Professional Consultants. If necessary, to cover the cost of review fees, the Applicant shall deposit additional funds in the escrow account upon request by the City. Once all review fees have been paid, any funds remaining in the escrow account shall be refunded to the Applicant.
(3) If the City elects to bill the Applicant for review fees, the City shall provide bills to the Applicant for review fees, as referenced above, on a monthly basis. The bills for review fees shall be due and payable within thirty (30) days of the date of the bill.
(4) The Planning Commission shall require, as a condition of Subdivision and/or Land Development Application approval, that the Applicant provide payment to the City for any outstanding review fees. In the event that an Applicant fails to provide payment to the City for review fees in accordance with the bills for review fees, then:
A. The City shall not authorize the continued review of the Subdivision and/or Land Development Application for the subject Minor Subdivision or Major Subdivision and/or Land Development by the Professional Consultants; and/or
B. The Planning Commission shall act to deny the Subdivision and/or Land Development Application for the subject Minor Subdivision or Major Subdivision and/or Land Development.
(5) Subsequent to a decision on the Subdivision and/or Land Development Application for the subject Minor Subdivision or Major Subdivision and/or Land Development, the Finance Department shall submit to the Applicant an itemized bill or notice for review fees, specifically designated as a final bill or notice. The final bill or notice shall include all review fees incurred at least through the date of the decision on the application. If for any reason additional review is required subsequent to the decision, including inspections and other work to satisfy the conditions of the approval, the review fees shall be charged to the Applicant as a supplement to the final bill or notice, and shall be subject to the same payment schedule as established in subsection (b)(3) above.
(Ord. 2022-13. Passed 11-10-22.)
1305.03 SUBDIVISION AND/OR LAND DEVELOPMENT APPLICATION SUBMISSION AND REVIEW PROCEDURES.
(a) General. Table 1305-1 indicates the required procedures for Minor Subdivision and Major Subdivision and/or Land Development.
Table 1305-1 Application and Review Procedures.
Minor Subdivisions | Major Subdivisions and Land Developments | ||||
Stage | Requirements | Public Hearing | Stage | Requirements | Public Hearing |
Pre-submission Consultation Meeting | Not Required | Not Required | Pre-submission Consultation Meeting | Recommended | Not Required |
Preliminary Plan and Plat Approval | Not Required | Not Required | Preliminary Plan and Plat Approval | Required | Required |
Final Plan and Plat Approval | Required | Not Required | Final Plan and Plat Approval | Required | Required |
Guarantee of Surety | Not Required | Not Required | Guarantee of Surety | Required | Not Required |
(b) Minor Subdivision.
(1) Pre-submission Consultation Meeting. The Applicant may arrange for a pre-submission consultation meeting with the City Engineer/Planning Director or designee to discuss the general concept, use, and design of the proposed Minor Subdivision. While a Sketch Plan is not required for the pre-submission consultation meeting, enough detail shall be provided to depict the proposed Minor Subdivision.
(2) Application Submission and Classification.
A. The Applicant shall submit to the City Engineer/Planning Director or designee
2. The required fees.
B. The City Engineer/Planning Director or designee may meet with the Applicant to discuss the proposed Subdivision and the criteria proposed for its classification as a Minor Subdivision.
C. Within ten (10) days of receipt of the Final Subdivision Application, the City Engineer/Planning Director or designee shall notify the Applicant in writing whether the proposed Subdivision has been classified as a Minor Subdivision. If the proposed Subdivision is not classified as a Minor Subdivision, the Applicant may only proceed under the Major Subdivision process.
D. When time permits and prior to the expiration of the ten (10) day period following receipt of the Final Subdivision Application, the City Engineer/Planning Director or designee may notify the Applicant of factors that make the proposed Subdivision unlikely to be classified as a Minor Subdivision. In such a case, the Applicant may, prior to the expiration of such ten (10) day period: (a) notify the City Engineer/Planning Director or designee in writing that the Applicant intends to submit a revised Final Subdivision Application, which notice will serve as the Applicant’s request to extend the ten (10) day period until ten (10) days after submission of the revised application; or (b) elect to continue with processing of the application originally submitted. Failure to give timely notice of intent to submit a revised application will be deemed an election to proceed with processing of the original application.
(3) Approval Process.
A. Generally, the City Engineer/Planning Director or designee has full authority to approve Minor Subdivision without Planning Commission review; however, the City Engineer/Planning Director or designee may, when the City Engineer/Planning Director or designee deems it appropriate, submit a Final Subdivision Application to the Planning Commission for its review. In such cases, the Planning Commission may take action on the application, with or without public hearing as it deems appropriate.
B. Any revisions made to a Final Subdivision Application subsequent to its initial submittal shall contain a transmittal letter listing the revisions and the agency to which the revisions pertain. The revisions will be used by the City Engineer/Planning Director or designee (or Planning Commission as may be required) when considering the application.
C. Within fifteen (15) days after classification of the proposed Subdivision as a Minor Subdivision, the City Engineer/Planning Director or designee shall approve or deny the Final Subdivision Application and duly notify the Applicant in writing of the decision. A Final Subdivision Application will be approved if it is complete and satisfies all applicable requirements of this Ordinance.
1. Approval. If the City Engineer/Planning Director or designee approves the Final Subdivision Application, then the final version of the Plat submitted as part of the Final Subdivision Application is approved and shall be signed on behalf of the Planning Commission by the City Engineer/Planning Director or designee. Once so signed, such Plat will be the Final Record Plat.
2. Denial. If the City Engineer/Planning Director or designee denies the Final Subdivision Application, then the City Engineer/Planning Director or designee shall notify the Applicant in writing of the reasons for denial.
a. The Applicant shall then have the period of time specified in the statement of conditions to satisfy the conditions. If the Applicant timely satisfies all conditions, then the final version of the Plat submitted as part of the Final Subdivision is deemed approved and shall be stamped and signed on behalf of the Planning Commission by the City Engineer/Planning Director or designee.
b. If all the conditions are not satisfied within the specified period or any extensions thereof granted by the City Engineer/Planning Director or designee, the Final Subdivision and/or Land Development Application shall be considered denied and a new application shall be required for further consideration.
c. The Applicant may request a reevaluation of the denied Final Subdivision Application if a written request to do so is filed with the Planning Commission within ten (10) days from receiving the City Engineer/Planning Director or designee’s written decision of denial.
3. Application Review Divergence. If there is a discrepancy between Staff and the Applicant regarding the required standards a written request by either the Staff or the Applicant to be on the next available agenda for the Planning Commission shall be permitted. Specific differences shall be clearly described so that the Planning Commission can make an informed decision.
D. Recording of the Final Record Plat. Within one hundred twenty (120) days after approval of the Final Subdivision Application for a Minor Subdivision and satisfaction of all conditions of its approval, the Final Record Plat shall be recorded by the Applicant in the Office of the Clerk of Berkeley County. The Applicant shall promptly notify the City Engineer/Planning Director or designee of such recording and provide the relevant recording information. Subdivision or Development of the subject land shall not be commenced until the Final Record Plat is duly recorded.
(c) Major Subdivision and/or Land Development.
(1) Pre-submission Consultation Meeting. The Applicant may arrange for a pre-submission consultation with the City Engineer/Planning Director or designee and staff to discuss the general concept, use, and design of the proposed Major Subdivision and/or Land Development. While a Sketch Plan is not required for the pre-submission consultation meeting, enough detail shall be provided to depict the proposed Major Subdivision and/or Land Development. This meeting is an opportunity for the Applicant to explain to the City Engineer/Planning Director or designee the proposed concept and for the City Engineer/Planning Director or designee to inform the Applicant of the process and general Zoning Ordinance and Subdivision Ordinance requirements. There is no binding action. A Pre-submission Consultation Meeting is an informal meeting with no binding agreements.
(2) Preliminary Plan and Plat Submission.
A. The Preliminary Plan and Plat is a site Plan, including supporting data, indicating a proposed site layout design or Subdivision design, prepared by, as necessary, a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor.
B. Application Submission and Review for Completeness.
1. The Applicant shall submit to the City Engineer/Planning Director or designee a Subdivision Application in accordance with the processing alternatives found in Section 1305.01
(a)(3)A. and C. and listed below:
a. Major Subdivision Development. Preliminary Subdivision and/or Land Development Application containing the items set forth in Section 1305.04
.
b. Land Development. Preliminary Land Development Application containing the items set forth in Section 1305.04
.
c. Major Subdivision and Land Development. Preliminary Subdivision and Land Development Application containing the items set forth in Section 1305.04
.
2. Required Fees. No Preliminary Plan and Plat Application shall not be reviewed until all related fees and costs are paid in full.
C. A complete application shall be submitted to the City Planning Department. By complete, all the necessary information required from Section 1305.04
. Any application that does not have the minimum required information from Section 1305.04
will be considered an incomplete application, returned and unreviewed for content of the application.
Within forty-five (45) days after receipt of a complete Preliminary Plan and Plat Application, the City Engineer/Planning Director or designee shall review the Preliminary Plan and Plat Application for completeness and determine whether the subject Preliminary Plan Application is complete, in which case the application is accepted for further review, or whether it is incomplete and denied.
1. Complete. A Preliminary Plan and Plat Application submitted to the City that meets the requirements set forth in this Ordinance and is not deficient of any information required by this Ordinance shall be deemed complete. Upon a determination that a Preliminary Plan Application is complete, the City Engineer/Planning Director or designee shall duly notify the Applicant in writing that the Preliminary Plan and Plat Application has been accepted as complete and that it is being acted upon pursuant to Section 1305.03
(c)(2)D., Hearing and Approval Process. (Note: No Preliminary Plan and Plat Application shall be deemed complete until all related fees and costs are paid in full).
2. Incomplete. A Preliminary Plan and Plat Application submitted to the City that does not meet all the requirements set forth in this Ordinance or otherwise is deficient of any information required by this Ordinance shall be deemed incomplete. Upon a determination that a Preliminary Plan and Plat Application is incomplete, the City Engineer/Planning Director or designee shall notify the Applicant in writing that the application has been denied and the reasons for denial shall be duly noted. Any such denial shall not prevent the Applicant from re-submitting a complete Preliminary Plan Application for the same project.
D. Hearing and Approval Process.
1. The Planning Commission must set a date, time and place for a public hearing and a meeting to follow the public hearing to vote on the subject application. The public hearing must be held within forty-five (45) days of the Preliminary Plan Application determination to be complete, and the Planning Commission must notify the Applicant of the public hearing and meeting in writing unless notice is waived in writing by the Applicant.
2. The Planning Commission must publish a public notice of the public hearing and meeting in a local newspaper of general circulation in the City of Martinsburg at least twenty-one (21) calendar days prior to the scheduled public hearing, a notice posted on the property by planning staff, and letters sent to the Adjacent Property Owners.
E. The review of the Preliminary Plan and Plat Application at the Public Hearing shall consider the following:
1. The Planning Commission shall conduct a Public Hearing on the Preliminary Plan and Plat Application for the proposed Development. At the Public Hearing, the Planning Commission shall consider the application, the relevant support materials, the Staff Report, the public input given at the Public Hearing and the Planning Commission’s input.
2. After the close of the Public Hearing, the Planning Commission may discuss and recommend to the Applicant information presented during the hearing, including any Planning Commission input, any possible changes to the Preliminary Plan and Plat Application. The Applicant may agree to any proposed changes presented or alternatives presented. Any changes the Applicant has agreed to, shall become part of the record and will be required on the Preliminary Plan and Plat and/or Final Plan and Plat.
F. At a meeting at the conclusion of the public hearing or, in the Planning Commission’s discretion, a meeting held within fourteen (14) days of the public hearing, the Planning Commission shall take one of the following actions with respect to the subject Preliminary Plan Application and the City Engineer/Planning Director or designee shall duly notify the Applicant in writing of the Planning Commission's decision:
1. Approval without Changes to the Preliminary Plan and Plat Application. Approve the subject Preliminary Plan and Plat Application, without any changes/offers provided by the Applicant. The act of approval by the Planning Commission is acknowledgement by the Commission that the Applicant is in general compliance with the requirements of this Ordinance and the Zoning Ordinance.
2. Table. Table for up to forty-five (45) calendar days for additional information the Planning Commission determines necessary to its determination whether to approve or deny the subject Preliminary Plan and Plat Application; or
3. Denial. Deny the subject Preliminary Plan and Plat Application, in which case the City Engineer/Planning Director or designee shall notify the Applicant in writing of the reasons for denial.
a. If the subject Preliminary Plan and Plat Application is denied, the Applicant may request, one time, reconsideration of the decision if a written request to do so is filed with the Planning Commission within ten (10) business days from receiving the Planning Commission's written decision of denial.
b. A resubmission of a denied application after the initial ten (10) business day period shall be deemed a new Subdivision and/or Land Development Application submission and the required review fees shall apply.
G. Vested Property Rights. The right to undertake and complete a Subdivision or Land Development is established as a vested property right when the subject Preliminary Plan and Plat Application is approved by the Planning Commission. The right is only applicable under the terms and conditions of the approved Preliminary Plan and Plat Application. Failure to abide by the terms and conditions of the approved Preliminary Plan and Plat Application will result in forfeiture of the right. The vesting period for an approved Subdivision and/or Land Development Application is five (5) years from the time said Preliminary Plan and Plat Application was approved by the Planning Commission. An approved Preliminary Subdivision and/or Land Development Application shall become null and void and of no effect if a Final Subdivision and/or Land Development Application, or for non-residential projects, no Guarantee of Improvements and commencement of construction of Buildings, for the same Subdivision or Land Development is not submitted within five (5) years of approval of the Preliminary Subdivision and/or Land Development Application.
H. Effect of Preliminary Subdivision and/or Land Development Application Approval. Notwithstanding the provisions of Section 1301.05
(b), upon approval of a Preliminary Subdivision and/or Land Development Application, the Planning Commission may in its discretion authorize the Applicant to make site Improvements (for example, clearing or grading for Lots and Roads), but only to the extent:
1. The Improvements are expressly specified as authorized by the City Engineer/Planning Director or designee;
2. The specified Improvements will conform with the approved Preliminary Subdivision and/or Land Development Application;
3. The Applicant obtains a Land Disturbance Permit for the Improvements as required under Section 1301.10
(a)(1); and
4. The Applicant has furnished any performance Guarantee of Improvements as required under Article 1309
of this Ordinance.
I. Phased Final Plan and Plat Approval. An Applicant may apply for Final Plan and Plat approval in phases by submission, from time to time, of multiple Final Subdivision Land Development Applications, each of which pertains to only a portion of the land subject to an approved Preliminary Subdivision and/or Land Development Application. Each phase will require approval of the Planning Commission and, if applicable, Guarantee of Improvements as outlined in Article 1309
.
J. Zoning Ordinance Compliance. Notwithstanding anything to the contrary herein, no Subdivision and/or Land Development Application shall be approved unless and until the City Engineer/Planning Director or designee or designee has confirmed in writing that the proposed Subdivision and/or Land Development, and any changes created by the same, will conform with the applicable requirements and regulations of the Zoning Ordinance.
1. Pursuant to the Zoning Ordinance, parcels in the Annexation Reserve (AR) Zoning District may not be subdivided or further developed. Such parcels must be rezoned to another Zoning District prior to Subdivision or Development.
L. Signing of Preliminary Plat and Plan. The Preliminary Plat and Plan shall be signed by the President of the Planning Commission, Property Owner and Engineer and/or Surveyor.
M. Preliminary Plan and Plat Creating Lots. Preliminary approval shall not constitute approval of the Final Plan and Plat and does not authorize the transfer of any proposed parcel of land within the proposed Subdivision to another entity. Rather, preliminary approval shall be deemed an expression of the approval of the layout
submitted on the Preliminary Plan and Plat as a guide to the preparation of the Final Plan and Plat which will be submitted for approval and for recording upon fulfillment of the requirements of these regulations and the conditions of the preliminary approval, if any.
(3) Final Plat Submission.
A. The Final Plat is a Final Record Plat, including supporting data, indicating a proposed site layout design or Subdivision design, is to be recorded in the Office of the Clerk of the Berkeley County Commission and prepared by, as necessary, a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor.
B. Application Submission.
1. The Applicant shall submit to the City Engineer/Planning Director or designee:
a. A Final Plat Application in accordance with the processing alternatives found in Section 1305.01
(a)(3)A.3.c.:
b. The required fees.
2. A complete application shall be submitted to the City’s Planning Department. By complete, all the necessary information required from Section 1305.04
, if applicable, and Section 1305.05
shall be in the application. Any application that does not have the minimum required information from Section 1305.04
, as may be applicable, and Section 1305.05
will be considered an incomplete application, returned and unreviewed for content of the application.
C. Application Review Divergence. In the event that there is a discrepancy between Staff and the Applicant regarding the required standards or the requirements of the approved Preliminary Plan and Plat, a written request by either the Staff or the Applicant to be on the next available agenda for the Planning Commission shall be permitted. Specific differences shall be clearly described so that the Planning Commission can make an informed decision.
D. Application Review and Approval.
1. Upon written request of the Applicant for a determination, the Planning commission must determine by vote at the next regular meeting or at a special meeting, whether or not the application is complete based upon a finding that the application meets the requirements set forth in this Ordinance.
2. At a meeting where the application is determined to be complete, the Planning Commission must set a date, time and place for a public hearing and a meeting to follow the public hearing to vote on the application. The public hearing must be held within forty-five (45) days, and the Planning Commission must notify the Applicant of the public hearing and meeting in writing unless notice is waived in writing by the Applicant. The Planning Commission must publish a public notice of the public hearing and meeting in a local newspaper of general circulation in the area at least twenty-one (21) calendar days prior to the public hearing.
3. At a meeting at the conclusion of the public hearing or a meeting held within fourteen (14) days after the public hearing, the Planning Commission shall vote to approve, deny or hold the application.
4. The application may be held for additional information necessary to make a determination. An application may be held for up to forty-five (45) days.
5. The Planning Commission shall approve the application after the Planning Commission determines that an application is complete and meets the requirements this Ordinance.
6. If the Planning Commission approves the application, then the Planning Commission shall affix its seal on the Subdivision or Land Development Plan and/or Plat.
7. If the Planning Commission approves the application with conditions, then the Planning Commission must specify those conditions.
8. If the Planning Commission denies the application, then the Planning Commission shall notify the Applicant in writing of the reasons for the denial. The Applicant may request, one time, a reconsideration of the decision of the Planning Commission, which request for reconsideration must be in writing and received by the Planning Commission no later than ten (10) days after the decision of the Planning Commission is received by the Applicant.
E. Recording of the Final Record Plat. Within one hundred twenty (120) days after approval of the Final Subdivision and/or Land Development Application for a Major Subdivision and/or Land Development and satisfaction of all conditions of its approval, the Final Record Plat shall be recorded by the Applicant in the Office
of the Clerk of Berkeley County. Before recordation can occur, Guarantee of Improvements per Article 1309
is required. The Applicant shall promptly notify the City Engineer/Planning Director or designee of such recording and provide the relevant recording information. Subdivision or Development of the subject land shall not be commenced until the Final Record Plat is duly recorded.
1. An original copy of any final declaration of private restrictions, covenants and/or conditions submitted as part of the Subdivision and/or Land Development Application approved by the City Engineer/Planning Director or designee, which declaration has been duly executed and acknowledged by the declarant, shall be duly filed by the Applicant in the Office of the Clerk of Berkeley County at the time of filing the Final Record Plat.
2. Proof of Recordation. the Applicant shall provide to the City Engineer/Planning Director or designee a copy of the recordation label(s).
F. Vested Property Rights. The right to undertake and complete a Subdivision or Land Development is established as a vested property right when the subject Final Plat is recorded. The right is only applicable when the Final Plat is in conformance with the terms and conditions of the approved Preliminary Plan and Plat Application. Failure to abide by the terms and conditions of the approved Preliminary Plan and Plat Application and recordation of the Final Plat will result in forfeiture of the right.
G. Effect of Final Plat Application Approval. Notwithstanding the provisions of Section 1301.05
(b), upon approval of a Final Plat Application, the Planning Commission may in its discretion authorize the Applicant to make site Improvements (for example, clearing or grading for Lots and Roads), but only to the extent:
1. The Improvements are expressly specified as authorized by the City Engineer/Planning Director or designee;
2. The specified Improvements will conform with the approved Preliminary Subdivision and/or Land Development Application; and
3. The Applicant obtains a Land Disturbance Permit for the Improvements as required under the Applicant has furnished any performance Guarantee of Improvements required by the Planning Commission under Article 1309
.
H. Phased Final Plan and Plat Approval. An Applicant may apply for Final Plan and Plat approval in phases by submission, from time to time, of multiple Final Subdivision and/or Land Development Applications, each of which pertains to only a portion of the land subject to an approved Preliminary Subdivision and/or Land Development Application. Each phase will require approval of the Planning Commission and Guarantee of Improvements as outlined in Article 1309
.
I. Zoning Ordinance Compliance. Notwithstanding anything to the contrary herein, no Subdivision and/or Land Development Application shall be approved unless and until the City Engineer/Planning Director or designee or Designee has confirmed in writing that the proposed Subdivision and/or Land Development, and any changes created by the same, will conform with the applicable requirements and regulations of the Zoning Ordinance.
1. Pursuant to Zoning Ordinance, parcels in the Annexation Reserve (AR) Zoning District may not be subdivided or further developed. Such parcels must be rezoned to another Zoning District prior to Subdivision or Development.
K. Signing of Final Plat. The Final Plat shall be signed by the President of the Planning Commission, Property Owner, and a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor.
(4) Guarantee of Improvements Submission.
A. Once the City Engineer/Planning Director or designee has approved a Final Plan and Plat, the Applicant shall establish the Guarantee of Improvements in accordance with Article 1309
and the Guarantee of Improvements policy before the Plat’s recordation and prior to the Applicant proceeding with any site work.
B. The Planning Commission is vested with all the necessary authority to administer and enforce conditions attached to the Final Plat approved for a Development project, including, but not limited to, the authority to:
1. Order, in writing, the remedy for any noncompliance with the conditions;
2. Bring legal action to ensure compliance with the conditions, including injunction, abatement, or other appropriate action or proceeding; and
3. Require a guarantee satisfactory to the Planning Commission in an amount sufficient for and conditioned upon the construction of any physical Improvements required by the conditions, or a contract for the construction of the Improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the Planning Commission upon the submission of satisfactory evidence that construction of the Improvements has been completed in whole or in part.
C. Failure to meet all conditions attached to the Final Plat approved for a Development project shall constitute cause to deny the issuance of any of the required use, occupancy or Land Disturbance Permits, as may be appropriate.
D. Application Submission and Review for Completeness.
1. The Applicant shall submit a request for a bond estimate to the City Engineer/Planning Director or designee, including an application. The estimate shall be prepared and sealed by a Professional Engineer or Professional Land Surveyor registered in the State of West Virginia retained by the Applicant.
2. The application for final completion, acceptance and/or approval of the Improvements and surety release shall include a Certification of final completion from a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor retained by Applicant.
3. The required fees.
E. A complete application shall be submitted to the City’s Planning Department. By complete, all the necessary information required by Article 1309
Guarantee of Improvements shall be in the application. Any application that does not have the minimum required information from Article 1309
will be considered an incomplete application, returned and unreviewed for content of the application.
F. After receipt of a complete application for the release of the Guarantee of Improvement, the Planning Commission shall review the application for completeness and determine by vote at the next regular meeting (provided that the City Engineer/Planning Director or designee has had a reasonable opportunity to review the application and make a recommendation thereon) or at a special meeting whether the guarantee of public Improvement application is complete, in which case the application is accepted for further review, or whether it is incomplete and denied.
1. Complete. A Guarantee of Improvements application submitted to the City that meets the requirements set forth in this Ordinance and is not deficient of any information required by this Ordinance shall be deemed complete. Upon a determination that a Guarantee of Improvement application is complete, the City Engineer/Planning Director or designee shall duly notify the Applicant in writing that the Guarantee of Improvement application has been accepted as complete and that it is being acted upon by the City Planning Commission. (Note: No Guarantee of Improvement application shall be deemed complete until all related fees and costs are paid in full, including any unpaid costs associated with a review by the City’s contractual engineering firm).
2. Incomplete. A Guarantee of Improvement application submitted to the City that does not meet all the requirements set forth in this Ordinance or otherwise is deficient of any information required by this Ordinance shall be deemed
incomplete. Upon a determination that a guarantee of public Improvement application is incomplete, the City Engineer/Planning Director or designee shall notify the Applicant in writing that the application has been denied and the reasons for denial shall be duly noted. Any such denial shall not prevent the Applicant from re-submitting a complete Guarantee of Improvement application for the same project.
3. Revision of Application. When time permits and prior to the Planning Commission’s determination whether a guarantee of public Improvement application is complete, the City Engineer/Planning Director or designee may notify the Applicant of deficiencies in the subject Guarantee of Improvement application that render it likely to be determined incomplete. In such a case, the Applicant may, prior to the expiration of the forty-five (45) day period following receipt of the application:
a. Notify the City Engineer/Planning Director or designee in writing that the Applicant intends to submit a revised guarantee of public Improvement application, which notice will serve as the Applicant’s request to extend the review and determination period until forty-five (45) days after submission of the revised application; or
b. Continue with processing of the application originally submitted. Failure to give timely notice of intent to submit a revised application will be deemed to proceed with processing of the original application.
G. The Planning Commission shall review the application in accordance with the requirements of this Ordinance, Zoning Ordinance, approved Land Development Plan, approved construction drawings and conditions of Preliminary Subdivision and/or Land Development Application and/or Final Plat, including any offers agreed to at time of Preliminary Plat approval.
1. If the Planning Commission approves the application, then the Planning Commission shall notify the Applicant in writing.
2. If the Planning Commission approves the application with conditions, then the Planning Commission or agent must specify those conditions in writing.
3. If the Planning Commission denies the application, then the Planning Commission shall notify the Applicant in writing of the reasons for the denial and set a deadline for the Applicant to remedy the deficiencies that caused the denial.
H. If the City Engineer/Planning Director or designee fails to determine whether an application is complete within the forty-five (45) day time period set forth in subsection (c)(4)F., above, the request of the Applicant shall be deemed to be approved by the Planning Commission and a surety release shall be granted to the Applicant. (Ord. 2022-13. Passed 11-10-22.)
1305.04 PRELIMINARY SUBDIVISION AND/OR LAND DEVELOPMENT APPLICATION REQUIREMENTS.
Preliminary Subdivision and/or Land Development Applications are applicable only for Major Subdivision and/or Land Development. Preliminary Subdivision and/or Land Development Applications shall contain the following items, all of which shall be compliant with the requirements of this Ordinance:
(a) Application Form. A written application for preliminary approval of a Major Subdivision and/or Land Development, in the standard form developed by the City Planning Department and completed and signed by the Applicant.
(b) Preliminary/Site Plan.
(1) The Preliminary Plat and/or Site Plan shall be drawn on paper at a scale of one inch (1”) equals one hundred feet (100’) or larger. The Plat or Plan shall be twenty-four inches (24”) by thirty-six (36”) in size. More than one sheet may be used provided all sheets are referenced by a sheet index on the Cover Sheet. The Plat or Plan shall be signed and sealed by a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor.
(2) One (1) electronic copy of the Preliminary Plan shall be submitted compatible with the City’s current software.
(3) Plat or Plans are required to include Stormwater Management Plan as required and described in the City of Martinsburg Stormwater Management Ordinance.
(4) The Preliminary Plat or the Site Plan is essentially the construction drawings for the Subdivision or site Development project. The Preliminary Plat or Site Plan shall show or be accompanied by:
A. A one half (½) inch border along all sides except the left side (24” side) which shall have a one and three quarter (1-3/4)-inch border to allow for a binder. All text and symbols shall be minimum one tenth (1/10) of an inch tall on paper.
B. A title Block to include:
1. The Official name of the Subdivision or site Development;
2. The name “Martinsburg, West Virginia”;
3. Tax District, Tax Map Number and Parcel Number;
4. Deed book number and page number;
5. Property Owner’s name, address and telephone number;
6. Developer’s name, address and telephone number;
7. Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor signature, seal, name, address and telephone number; and
8. Sheet index on cover sheet if more than one sheet.
C. Tic Marks/SPCS WV North NAD83.
D. North arrow, graphic scale and date.
E. A small scale inset map showing the location of the Subdivision section relative to other sections of the same Subdivision.
F. For Preliminary Plats, the Subdivision perimeter boundary shall be described by bearings and distances. The perimeter boundary shall be established by a network of traverse control having a relative error of closure of 1:7,500 or better. For Site Plans, the Lot boundary shall be described by bearings and distances. The source of said boundary description shall be noted on the site Plan and either a copy of the recorded Plat that created the Lot or a Certification by a licensed Surveyor that a traverse meeting error of closure of 1:7,500 or better is provided. If the survey is based on global positioning system measurements, the relative positional accuracy of the survey measurements shall not be less that which is specified.
G. Lot boundary lines drawn to scale and dimensioned.
H. A number to identify each Lot and numbered in logical order.
I. A key to all symbols (Identify Monuments and markers according to type and whether “found”, “set”, or “to be set”).
J. Existing Easements and Rights-Of-Way accurately identified, located, dimensioned and drawn to scale. Provide reference to deed book and page and/or Plat book and page whichever applies.
K. Proposed Easements and Rights-Of-Way (Roads, sidewalk, Drainage, utilities, etc.) identified, located, dimensioned and drawn to scale. Roads shall be named. Road names shall be approved by the Berkeley County Central Dispatch.
L. Future Easements and Rights-Of-Way that may serve at a future date to connect with adjoining properties.
M. Identification of all current adjoining properties by ownership, tax district, tax map number, and parcel number, deed book reference, Zoning District, and use. Departure lines of adjoining properties shall be shown on the Plat or Plan.
N. Contour lines with minimum vertical intervals of two (2) feet shall be required. Source of contour line information shall be stated on the Plat or Plan reflecting the conditions at time of submission. Greater contour intervals may be acceptable by the City Engineer/Planning Director or designee, if compatible with surface topography (Interpolation of USGS contour information is not acceptable.).
O. The location and elevation of benchmarks used in the survey, if applicable.
P. Show existing conditions on its own separate sheet.
Q. Show existing physical features including woods, Watercourses, prominent rock outcroppings, sink holes, quarries, culverts, bridges, drains, buildings, sewer lines, water mains, fire hydrants, power lines, and telephone lines. Show locations and associated topography of any off-site man-made Structure which is located up to two hundred (200) feet downstream from any Drainage pipe or storm water management facility outfall. Where access to off-site property is not allowed, then show the general location of any man-made Structure on the Plan. Show the limits of the one hundred (100) year Floodplain and any delineated Wetlands.
R. Show adjoining Roads including the Right-of-Way widths, Road pavement widths, Road names and route numbers.
S. A tentative list of restrictive covenants (not required for site Plans).
T. Reservations of land for public or semi-public use.
U. Surface Drainage Plan and erosion control methods, including flow computations, direction of flow, culverts, bulkheads, inlets, and other related Improvements to be installed. Materials and dimensions of all Improvements and description of vegetative or other stabilizing materials intended for all exposed areas.
V. Complete design and construction Plans, profiles and engineering specifications for proposed water treatment and distribution facilities and proposed sewage collection and treatment facilities to be installed.
W. Note on the Plat or Plan, the West Virginia DOH entrance permit number and provide a copy of the entrance permit.
X. Note on the Plat or Plan, the West Virginia Bureau of Health and/or Berkeley County Health Department permit numbers for water and sanitary sewer systems; and provide a copy of the approved Plans and permits.
Y. Note on the Plat or Plan, the West Virginia Department of Environmental Protection (DEP) permit numbers for all DEP approvals required for the project.
Z. Complete design and construction Plans, profiles, cross sections and engineering specifications for Roads, sidewalks, curbs and gutters to be installed.
AA. Description of soils and subsurface geology and hydrology.
BB. Show Building setback lines and note the minimum Building setbacks on the Plat or Plan.
CC. A Construction Certification placed on the Preliminary Plat or site Plan cover sheet, signed and dated by the owner/Developer. The Statement shall read:
“I _____________________________, DO HEREBY CERTIFY THAT:
1. ALL CLEARING, GRADING, CONSTRUCTION AND DEVELOPMENT SHALL BE CONSTRUCTED IN STRICT ACCORDANCE WITH THE APPROVED PLAN.
2. STORM WATER MANAGEMENT FACILITIES SHALL BE CONSTRUCTED IN STRICT ACCORDANCE WITH THE PLANS AND SPECIFICATIONS FOR THESE FACILITIES.
3. THE INSTALLATION AND MAINTENANCE OF THE SEDIMENT CONTROL MEASURES SHALL BE IN STRICT ACCORDANCE WITH THE APPROVED PLAN AND SEQUENCE OF CONSTRUCTION; THAT A COPY OF THE APPROVED PLAN SHALL BE AVAILABLE, ON SITE AT ALL TIMES, AND SHALL BE MADE AWARE OF THESE REQUIREMENTS.
4. THE CITY ENGINEER/PLANNING DIRECTOR OR DESIGNEE RESERVES THE RIGHT TO ADD OR MODIFY THE PROVISIONS SHOWN ON THE PLANS SHOULD ACTUAL FIELD CONDITIONS WARRANT SUCH CHANGES.”
DD. Provide a Signature Block for the City Planning Commission and City Engineer/Planning Director or designee.
EE. The Preliminary Plat and/or Site Plan shall be sealed, signed and dated by the Engineer of Record and Surveyor of Record, as may be applicable, in accordance with state law.
(c) The Preliminary Plan shall contain and illustrate the following information:
(1) Cover Sheet.
A. Name of the proposed Subdivision and/or Land Development, which shall not duplicate or closely approximate the name of any other Subdivision in Berkeley County, and the words “Preliminary Subdivision and/or Land Development Plan.”
B. The district or municipality, county and state, Tax Map/Parcel, and Deed Book/Page Reference where the subject property is located.
C. Title Block.
D. Overall Subdivision Map with phases labeled.
E. The names, addresses and telephone numbers of the Property Owner or owners, the Applicant/Developer, and the Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor who prepared the Preliminary Plan, along with the professional’s seal and signature.
1. Certificate by such Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor to the effect that the Plan represents a survey made by the professional; all Monuments and Improvements indicated thereon actually exist, and that their location, size and material are correctly shown; the professional is familiar with all requirements of this Ordinance; and, to the professional’s best knowledge and belief, all requirements of this Ordinance have been fully complied therewith.
F. A vicinity map with north arrow at a scale of approximately one (1) inch equals six hundred feet (1” = 600’), showing the boundary lines of the tracts and Streets immediately adjoining the parcel(s) subject to the proposed Subdivision and/or Land Development, and between the proposed Subdivision and/or Land Development and the nearest highways or thoroughfares.
G. North arrow.
H. The date of the Preliminary Plan.
I. Sheet index.
J. Preliminary Plan Number assigned by the Planning Department.
K. Revisions table.
L. Designation of Zoning District(s).
M. Computational breakdown:
1. Total area (acreage to the thousandths).
2. Open space.
3. Conservation Easements or other restrictive Easements.
4. Stormwater Management areas.
5. Remaining acreage.
6. Table of Lot area(s) in square feet.
7. Gross and net density per acre.
8. Rights-Of-Way and Easements.
9. Existing and proposed Impervious Area.
N. Signature Block and statement for Preliminary Plan and Plat approval by the Planning Commission. The statement shall read:
O. Signature Block for Engineer and/or Surveyor. A Statement of Accuracy shall be placed on the Preliminary Plat and Plan and the Final Plan and Plat cover sheet, signed and dated by the Engineer and/or Surveyor. The Statement shall read:
P. Signature of Owner/Developer. A Statement of Acceptance shall be placed on the Preliminary Plat and Plan and the Final Plan and Plat cover sheet, signed and dated by the Owner/Developer. The Statement shall read:
Q. Signature of City Engineering Planning Department. A Statement for construction approval shall be placed on the Final Plan cover sheet, signed and dated by the City Engineer/Planning Director or designee. The Statement shall read:
R. Note on the Plan or Plan, “This property is not (is) in an area designated as a special Flood area, as shown on Community Map/Panel Number _____/Effective date _____.”
S. Note on the Plat or Plan, the West Virginia DOH entrance permit number and provide a copy of the entrance permit.
T. Note on the Plat or Plan, the West Virginia Department of Environmental Protection (DEP) permit numbers for all DEP approvals required for the project.
U. Source of Topography and date.
V. Note regarding any known Sinkholes, steep Slopes, rock outcroppings, Wetlands and streams.
W. Parking calculations – required and provided.
X. As-Built certificate.
Y. Construction including grading certificate.
Z. SESC and SWM certificate.
AA. Table 1305-2, listing Waivers approved by the Martinsburg Planning Commission and Variances and Special Exceptions approved by the Martinsburg Board of Zoning Appeals shall be placed on the Preliminary Plan, Site Plan or Final Plat cover sheet, as applicable. If no Waivers or variances are granted, then a statement of “None granted,” shall be placed in the table:
Table 1305-2, Complete List of Waivers, Variances, or Special Exceptions
Martinsburg - Complete List of Waivers, Variances, or Special Exceptions | |||
Ordinance | Section of Ordinance | Description of Waiver, Variance, or Special Exception | Date Granted |
(2) Existing Conditions (Scale 1” = 100’ or less).
A. Title Block, North arrow and scale (both numerical and graphic).
B. The boundary lines of the parcel(s) subject to the Subdivision and/or Land Development, accurate in scale and bearing, together with a legal description of such parcel(s).
C. The Berkeley County district tax map and parcel numbers, and deed book and page numbers of the recorded deed into the current owner(s), of each parcel subject to the Subdivision and/or Land Development.
D. The location and names of adjoining Subdivisions, and the locations and tax map and parcel numbers of adjoining parcels of land, deed book reference, Zoning District and use, together with the names of the owners of record of such parcels. This shall be shown on all applicable sheets.
E. The layout of existing Lots and dimensions and area in square feet.
F. The location (by lines and bearings), widths (or other relevant dimensions), and names of all existing or platted Streets, Alleys, public ways, pavement and Easements/Rights-Of-Way, within and adjacent to the parcel subject to the Subdivision and/or Land Development, and other important features such as existing permanent Buildings, large trees, railroad lines, Watercourses, etc. The general purpose of Easements and Rights-Of-Way shall be indicated.
G. Existing contours, normally with intervals of two (2) feet, referenced to a permanent benchmark. For areas with Slopes greater than twenty-five percent (25%), five (5) feet contour interval may be used.
H. Show and note the existing front, side, and rear yard Setbacks as set forth in the City of Martinsburg Zoning Ordinance and incorporated herein by reference under Section 1301.08, or at a greater depth established by restrictions, covenants and/or conditions in deeds, declarations, or other documents of record (or to be recorded).
I. Delineation and location of any significant environmental features, including without limitation:
1. Streams.
2. Wetlands.
3. Floodplains.
4. Soils and soils information.
5. Highly erodible soils.
6. Riparian areas and tree lines.
7. Sinkholes or depressions.
J. Location of municipal boundary lines, if applicable.
K. Location of Zoning District boundary lines if they border upon or cross any part of a parcel subject to the proposed Subdivision and/or Land Development.
L. All survey Monuments, Lot corners, Block markers, and benchmarks, together with their description, including location and description of all USGS survey control Monuments, or equivalent.
M. Built Structures.
N. Power transmission towers or power lines; cable; and telephone lines.
O. Historic area and/or features.
P. Existing restrictive Easements, other Easements, and Rights-Of-Way and use.
Q. Parks and/or public open space.
R. Forested areas and tree groves.
S. Outstanding topographic features, including prominent rock outcroppings.
T. Location, width, and names of all existing Streets or Alleys within one hundred (100) feet of the project site, including State Route numbers, if applicable.
U. All existing Easements and Rights-Of-Way shall be accurately identified, located, dimensioned and drawn to scale. Provide reference to deed book and page and/or Plat book and page, whichever applies.
(3) Preliminary Plat. If the proposed Subdivision or Land Development contemplates Structures or other Improvements upon the land, supplemental construction/Development Plans and drawings that include and illustrate the following information shall constitute, and be submitted as, part of the Preliminary Subdivision Land Development Application, to the extent such information is applicable to the proposed Subdivision Land Development:
A. Title Block, North Arrow and Scale.
B. Site Map (scale of 1” = 50’ or less).
C. Proposed Lots with dimensions, area, front, side and rear yard Setbacks. Lot numbers shall be in consecutive order.
D. Locations of existing and proposed water, sanitary sewer, gas, electric and all other underground utilities, including locations, size and composition of all main lines, valves, utility holes, fire hydrants and other equipment and fixtures. A note on the Plan shall state: “All proposed utilities shall be located underground.”
E. Location of all Street signs and traffic control signs required pursuant to Section 1307.02
(m) of this Ordinance.
F. Proposed Streets that are clearly aligned with existing Streets shall bear the name of the existing Street. In no other case shall the names of the proposed Streets be duplicated or be phonetically similar to an existing street name, irrespective of the suffix: Street, avenue, court, place, boulevard, land, drive, or other. All proposed Street names shall be submitted to the Berkeley County Central Dispatch for approval.
G. Location and widths of sidewalks and pedestrian/bike trails, if applicable.
H. The location, size and materials of all existing and proposed sanitary sewers and sewerage facilities, equipment, fixtures and Structures within and immediately adjacent to the parcel subject to the Subdivision and/or Land Development, including: utility holes (including the top of casting elevations and invert elevations and materials of construction and diameters of all pipes entering and exiting); sewer main pipe diameters, type, length and Slope between all utility holes; service lateral pipe size and type; clean-outs; valve pits, and force mains; all together with grades and other specifications designated as “existing”
I. The location, size and materials of all existing and proposed storm sewers, catch basins, culverts and other Drainage and Stormwater Management Facilities, equipment, fixtures and Structures within and immediately adjacent to the parcel subject to the Subdivision and/or Land Development, including without limitation pipes, channels, and inlets/outlets; all together with grades and other specifications designated as “existing” or “proposed.”
J. The location, size and materials of all existing and proposed combined sewer facilities, equipment, fixtures and Structures within and immediately adjacent to the parcel subject to the Subdivision and/or Land Development, including utility holes and drop inlets (including the top of casting elevations and invert elevations and materials of construction and diameters of all pipes entering and exiting); combined sewer main pipe diameters, type, length and Slope between all utility holes and drop inlets; service lateral pipe size and type; clean-outs; and Stormwater Detention system piping and appurtenances; all together with grades and other specifications designated as “existing” or “proposed.”
K. The location of all vehicular ingress and egress to the parcel(s) subject to the Subdivision and/or Land Development, and all parking areas proposed thereon.
L. The locations and dimensions of all Buildings and Structures intended to be constructed on the parcel(s) subject to the Subdivision and/or Land Development.
M. Adjacent Property Owners, Deed book, Page and Zoning
N. Proposed and existing Easements.
O. Property corners.
P. Existing and proposed Streets.
Q. Parking Lots with space calculations
R. FEMA Floodplain boundaries labeled and delineated.
(4) Grading Plan.
A. Two-foot topography – existing and proposed contours.
B. All Drainage features.
C. Rip-rap aprons to scale and labeled.
D. Proposed Streets, pads – indicate curb, gutter, edge of pavement.
E. Spot Elevations for all pertinent features.
F. Location of benchmarks.
G. Lot grading to include first floor elevations, garage floor elevations, basement floor elevations, and Driveway Slopes.
H. Permanent Erosion control features.
I. Accessible parking spaces to meet ADA requirements.
J. FEMA Floodplain delineated and labeled.
(5) Utility Plan.
A. All existing and proposed water lines, fire hydrants, valves, components, and force mains. Connection locations, pressure and flows at connection points.
1. All existing and proposed sewer lines, force mains, manholes, etc. Inverts at connection points and capacities of system receiving flow along with flow direction.
2. Pumping station and any other Improvements.
B. Storm sewer size, type, material, Slopes, inverts, inlet and manhole tops, etc. labeled for all features – pipes, inlets, end sections, etc.
1. All proposed and existing utility Easements.
(6) Road Plan and Profiles (may be shown on the same sheet).
A. Road Plan (scale of 1” = 50’ or less).
1. Stations and profiles of all existing, platted and proposed Streets and Roads at minimum fifty-foot intervals.
2. Crossings.
3. Existing and proposed grade and approach grades labeled.
4. Turning flare radii labeled at Intersections.
5. Horizontal curve radii and geometric data.
6. Drainage features.
7. Guardrail locations.
B. Road Design Profile (scale of 1” = 50’ horizontal and 1” = 5’ vertical).
1. Proposed grade and existing grade of all proposed Streets and Roads.
3. Waterlines.
(7) Public Street Cross Sections (Scale of 1” = 5’ on 50 foot intervals).
A. Original grade and Cut and Fill limits.
B. Typical cross section showing Road/shoulder width, thickness, type of pavement and base.
C. Location, width and thickness of sidewalks.
D. Location, composition and size of utility main lines.
E. For embankment Slopes exceeding a 3:1 horizontal to vertical Slope, provide Street cross-sections at twenty-five (25)-foot intervals.
(8) Sewer Plan Profile.
A. Existing and proposed grades.
B. Stationing every fifty (50) feet minimum.
C. Stationing of pertinent features.
D. Labeling of all inverts, top of manholes, crossings, etc.
E. Size, types, material, length, Slopes, tops, labeled for all appurtenances.
(9) Storm Sewer Profiles.
A. Existing and proposed grades.
B. Size, types, material, length, Slopes, tops, labeled for all appurtenances.
C. Inverts, top of inlets, etc. shown and labeled.
D. Schedule of inlets and manholes to include Structure number, size, types, etc.
E. Driveway culvert chart.
F. Q25 and V25 labeled on all charts.
G. Design Tables.
H. Rip Rap aprons shown and labeled with sizing data on all outlets.
I. Twenty-five (25)-year Hydraulic Grade Line (HGL) shown on all storm sewer runs.
(10) Soil and Sediment Control Plan.
A. Existing and proposed grades.
B. Soil areas delineated and labeled.
C. Drainage areas delineated and provided for Sediment Control features.
D. Silt fence, super silt fence, diversion dikes and ditches, inlet/outlet protection, rip rap aprons, stone check dams, etc. shown clearly.
E. Silt traps and basins shown with details, sizing calculations, dewatering devices and profile view.
F. Stabilization measures of all Slopes, channels and concentrated flow areas clearly shown.
G. Stockpile areas with silt fence downgrade.
H. Total disturbed areas delineated and labeled.
(11) Soil and Sediment Control Plan Details.
A. Details of all soil and Sediment Controls.
B. Permanent and temporary seeding notes.
C. Maintenance schedule and instructions.
(12) Storm Water Management Plan, Profiles and Notes.
A. Profiles through ponds and embankments showing proposed and finished grades.
B. Basic pond or water quality Structure dimensions.
C. Show top of Berm with top of settled Berm, spot elevations, core trench, impervious core, anti-seep collars, low flow orifice protections, and emergency spillway.
D. Structural details for all storm water management features.
E. Landscaping Plans, storm water management plantings and aquatic vegetation schedule.
F. Maintenance schedule and instructions.
G. Outlet dissipation devices shown to scale with details.
H. Any required Easements.
(13) Notes and Details.
A. General project notes.
B. Construction notes.
C. Grading and Drainage notes.
D. Road notes and typical Road cross sections.
E. Water and sewer notes and details.
F. Sequence of construction.
G. Sediment Control notes.
H. Symbols legend.
I. All Street and traffic control signage.
J. Sidewalk and curb and gutter details.
K. Drainage details.
L. Parking details including ADA accessibility ramps.
(14) Landscaping Plan.
A. Delineate buffers and planting screen Easements.
B. Type of plantings and how many of each.
(15) Additional Items. The following items shall be submitted as part of a Preliminary Subdivision and/or Land Development Application, to the extent such items are applicable to the proposed Subdivision and/or Land Development.
A. Stormwater Management Report. A written report to meet the requirements of the Stormwater Management Ordinance.
B. Covenants, Conditions and Restrictions. Two (2) copies of any private restrictions, covenants and/or conditions to which any portion of the parcel(s) subject to the Subdivision and/or Land Development is subject or will be made subject, whether by deed, declaration or other instrument.
C. Agency Reviews. Review comments from relevant local, state, and federal agencies with jurisdiction with respect to the land and activities thereon, and approvals thereby or permits issued thereby, to the extent the same are required. Relevant agencies may include, but are not limited to:
1. City of Martinsburg.
2. Berkeley County Central Dispatch.
3. Berkeley County Health Department.
4. West Virginia Department of Environmental Protection, hereinafter referred to as West Virginia DEP.
5. West Virginia Department of Transportation, Division of Highways, hereinafter referred to as West Virginia DOH.
6. U.S. Army Corps of Engineers.
7. Federal Aviation Administration.
D. Traffic Impact Study. A West Virginia DOH approved Traffic Impact Study as required under Section 1307.07
(b), Traffic Management Standards of this Ordinance or by the West Virginia DOH.
E. Lighting Plan. A lighting Plan containing the information and items required under Section 1307.13
.
(Ord. 2022-13. Passed 11-10-22.)
1305.05 FINAL SUBDIVISION AND/OR LAND DEVELOPMENT APPLICATION REQUIREMENTS.
Final Subdivision and/or Land Development Applications are applicable to both Minor Subdivision and Major Subdivision and/or Land Developments. Final Subdivision and/or Land Development Applications shall contain the following items, all of which shall be compliant with the requirements of this Ordinance:
(a) Application Form. An application for final approval of a Minor Subdivision or Major Subdivision and/or Land Development, as the case may be, shall be submitted via compatible with the City’s current electronic application submission system.
(b) Final Plat. A Final Plat prepared by a registered Professional Engineer or Land Surveyor licensed to practice in the State of West Virginia and meeting the following requirements:
(1) Size and Scale. The scale of the Final Plat shall be not smaller than one-inch equals one hundred 100 feet (1” = 100’) and the sheet size shall be a minimum of eight and one-half by fourteen inches (8.5" x 14") for Minor Subdivision and/or Land Developments and twenty-four by thirty-six inches (24” x 36”) for Major Subdivision and/or Land Developments with a one and one-half inch (1-1/2”) margin for binding along the left edge. When more than one sheet is required, an index sheet of the same size shall be submitted showing the entire parcel(s) subject to the Subdivision and/or Land Development drawn to scale.
(2) Submission Requirements. One (1) electronic copy of the Final Plat shall be submitted compatible with the City’s current electronic application submission system. Following approval of the Final Subdivision and/or Land Development Application and stamping and signature of the Final Plat by the Planning Commission, one (1) electronic copy and one (1) paper/mylar copy (for Major Subdivision and/or Land Developments only) shall be returned to the Applicant as the Final Record Plat for recordation in the Office of the Clerk of Berkeley County.
(3) Survey Items and Courses. The courses, boundaries, lines, and curves shown on the Final Plat, other items related thereto, and the survey by which such items are located, shall meet the following requirements:
A. All boundaries and property corners on the Final Plat shall be referenced to magnetic meridian and show declination from true north.
B. All boundaries and property corners shown on the Final Plat shall be tied to state plane coordinates or shall be referenced to magnetic meridian and show declination from true north. If the Subdivision and/or Land Development is referenced to the state grid, northing and easting coordinates shall be shown for a minimum of three key boundary points.
C. For all boundary lines (including those of Lots created by Subdivision), lengths of courses shall be shown to the hundredths of a foot and all bearings to at least minutes. Such boundary lines shall have been determined by an accurate survey in the field, balanced and closed with an error of closure not to exceed 1:20,000.
D. True bearings and distances shall be shown to nearest established Street bounds, other established survey lines, or other official Monuments (which Monuments shall be located or accurately described on the Plat).
E. Any established survey of municipal boundaries shall be accurately marked with Monuments and located on the Final Plat.
F. The accurate location and material of all permanent Monuments shall be shown. Identify Monuments and markers according to type and whether “found”, “set”, or “to be set.”
G. Show the location and description Lot markers and permanent concrete control Monuments. The Lot markers and permanent concrete control Monuments shall be in accordance with state law. Where possible, permanent concrete Monuments should be intervisible; at least seven hundred fifty (750) feet apart; away from future roadwork; and at least two (2) per section or Block.
H. The lengths and bearings of all chords, radii, points of curvature and tangent bearings shall be accurately reflected.
(4) Contents. The Final Plat shall contain and illustrate the following information:
A. Cover Sheet.
1. Name of the proposed Subdivision and/or Land Development, which shall not duplicate or closely approximate the name of any other Subdivision in Berkeley County, and the words “Final Subdivision.”
2. The district or municipality, county and state where the subject property is located.
3. The names, addresses and telephone of the Property Owner or owners, the Owner/Developer, and the Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor who prepared the Final Plat, along with the professional’s seal.
a. A Certificate by such Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor to the effect that: the Plat represents a survey made by the professional; all Monuments and Improvements indicated thereon actually exist, and that their location, size and material are correctly shown; the professional is familiar with all requirements of this Ordinance; and, to professional’s best knowledge and belief, all requirements of this Ordinance have been fully complied therewith.
4. A vicinity map with North arrow at a scale of approximately one (1) inch equals six hundred (600) feet (1” = 600’), showing the boundary lines of the tracts and Streets immediately adjoining the parcel(s) subject to the proposed Subdivision and/or Land Development, and between the proposed Subdivision and/or Land Development and the nearest highways or thoroughfares.
5. The date of the Final Plat.
6. Sheet index.
7. Final Project Number assigned by the City Engineer/Planning Director or designee.
8. Revisions table.
9. Designation of Zoning District(s).
10. Show Building Setback lines and note the Building Setbacks on the Plat.
11. Signature Block for final approval by the Planning.
CITY PLANNING COMMISSION CERTIFICATION This Plat was approved for recordation by the City of Martinsburg, on the ____________ day of ____________, 20____________, subject to any conditions specified hereon. All expenses incurred with respect to Improvements for all utility services, paving, grading, Landscaping, curbs, gutters, sidewalks, Road lighting, Road signs, Flood protection devices, Drainage Structures and all other Improvements that may be required shall be the responsibility of the Owner/Developer and not the City. ______________________________ _____ President of the Planning Commission Date |
12. Owners Signature. For Minor and Major Subdivisions, a Statement of Acceptance placed on the Plat cover sheet, signed and dated by the Owner/Developer. The Statement shall read:
OWNER/DEVELOPER CERTIFICATION I, __________________________ Owner/Developer of the property shown hereon and described in the Surveyor’s Certificate, hereby adopt this Plan of Subdivision; establish the minimum Building restriction lines; and dedicate the Streets, alleys, walks, trails, and Open Space for public use. There are no suits, actions at law, leases, liens, mortgages, trusts, Easements, or Rights-Of-Way affecting the property other than those shown hereon and all parties in the interest thereto have hereunder affixed their signatures indicating their assent to this Plan of Subdivision. ____________________________ __________________ Owner/Developer Date |
13. Surveyors Signature. Certification of the Professional Land urveyor as to the preparation and accuracy of the Plat, along with he Professional Land Surveyor’s seal and signature. The Statement shall read:
PROFESSIONAL LAND SURVEYOR’S CERTIFICATION I ______________________ a duly registered Professional Land Surveyor in the State of West Virginia, do hereby certify that I have carefully surveyed the property delineated by this Plat and that it is correct to the best of my knowledge and belief, that it is all of the same land in the name of. I further certify that the Lots properly and accurately describe and are within the bounds of said land; that the Monuments and markers have been placed as shown hereon and are in compliance with the Subdivision and Land Development Ordinance of the City of Martinsburg. Given under my hand this ____ day of ___________. ______________________________ _____________ Professional Land Surveyor Date |
14. A computation of the total tract area and a computation of the land area included in, Lots, Rights-Of-Way and Easements.
15. Location, dimensions and area of property for public use or to be conveyed to an owner’s association. Location, dimensions and area of proposed conservation, Open Space, or restrictive Easements.
16. Note on the Plat stating:
“THIS PROPERTY IS NOT (IS) IN AN AREA DESIGNATED AS A SPECIAL FLOOD AREA, AS SHOWN ON COMMUNITY MAP/PANEL NUMBER [NUMBER], EFFECTIVE DATE [DATE].”
17. Note on the Plat stating the West Virginia DOH entrance permit number and provide a copy of the entrance permit.
18. Such other conditions, certificates, affidavits, endorsements, Dedications or agreements as may be deemed necessary by the Planning Commission.
19. Provide a list of variances/Waivers on the Final Plat cover sheet in accordance with Table 1305-2.
20. Confirm soil types and basement construction suitability.
B. Property Map (scale 100’ = 1” or less):
1. North arrow and scale (both numerical and graphic).
2. The boundary lines of the parcel(s) subject to the Subdivision and/or Land Development, accurate in scale and bearing, together with a legal description of such parcel(s).
3. The Berkeley County district tax map and parcel numbers, and deed book and page numbers of the recorded deed into the current owner(s), of each parcel subject to the Subdivision and/or Land Development.
4. The location and names of adjoining Subdivisions, and the locations and tax map and parcel numbers of adjoining parcels of land, deed book reference, Zoning District and use, together with the names of the owners of record of such parcels. Departure lines for adjoining properties shall be shown on the Plat. This shall be shown on all applicable sheets.
5. The layout, Lot numbers (matching Preliminary Plan and in sequence) and dimensions of proposed Lots.
6. Existing Easements and Rights-Of-Way accurately identified, located, dimensioned and drawn to scale. Provide reference to deed book and page and/or Plat book and page whichever applies.
7. Proposed Easements and Rights-Of-Way (Roads, sidewalks, Drainage, utilities, etc.) identified, located, dimensioned and drawn to scale. Roads shall be named.
8. Show and identify reservations of land for public or semi-public use.
9. Location, width, and names of all existing Streets or Alleys within one hundred (100) feet of the project site, including State Route numbers if applicable.
10. Descriptive lines inside the tract boundary:
a. Tract boundary - heavy dashed and two dotted lines.
b. Lot boundaries - medium solid lines.
c. Rights-Of-Way - heavy solid lines.
d. Restriction lines - medium dashed lines.
e. Easements and other reserved areas - medium dotted lines
11. Descriptive lines outside the tract boundary:
a. Property lines of adjacent tracts - medium dashed and two dotted lines.
b. Lot boundaries - light solid lines.
c. Rights-Of-Way - medium solid lines.
d. Restriction lines - light dashed lines.
e. Easements and other reserved areas - light dotted lines.
(NOTE: Descriptive lines outside the tract boundary are useful for purposes of tract location and orientation. However, such outside lines are not within the scope of the Subdivision being platted and should not be given dimensions which might confuse existing descriptions on record).
12. The location (by lines and bearings), widths (or other relevant dimensions), and names of all existing or platted Streets, Alleys, public ways, pavement and Easements/Rights-Of-Way, within and adjacent to the parcel subject to the Subdivision and/or Land Development, and other important features such as existing permanent Buildings, large trees, railroad lines, Watercourses, etc. The general purpose of Easements and Rights-Of-Way shall be indicated.
13. The location (by lines and bearings) and widths (or other relevant dimensions) of proposed Streets (together with the proposed names of such Streets, as to which the Applicant must obtain the approval of the Berkeley County Central Dispatch), public ways, pavement and Easements/Rights-Of-Way for sanitary sewers, Stormwater Management Facilities, other utilities, and other purposes, with respect to which the pavement width of Streets shall be centered upon the center line of each such Street; Easements for sanitary sewers and other utilities customarily shall be located within the paved portion of the Street Rights-of-Way and at least five (5) feet of Easement shall be provided on each side of the center of any such utility line. Where the adjoining State Road has a Right-of-Way of less than fifty (50) feet wide, a Road improvement Easement will be provided that is a minimum of twenty-five (25) feet wide measured from the existing centerline of the State Road Rights-Of-Way. All Setbacks shall be measured from the newly designated Right-of-Way.
14. The required front, side, and rear yard Setbacks as set forth in the Zoning Ordinance and incorporated herein by reference under Section 1301.08, or at a greater depth established by restrictions, covenants and/or conditions in deeds, declarations, or other documents of record (or to be recorded).
15. The accurate layout of all property intended to be dedicated for public use, together with a clear statement or designation of the public use for which any property is to be dedicated; and the accurate layout of all property intended to be reserved for the common use of the Property Owners in the Subdivision and/or Land Development, together with a clear statement or designation of such common use for which any property is to be reserved, including all private restrictions, covenants and/or conditions to which the property will be subject; provided that, all such statements, designations, restrictions, covenants and/or conditions may instead be incorporated in a proper deed or other effective declaration duly of record in the Office of the Clerk of Berkeley County or to be recorded in such office together with the Final Record Plat.
16. Delineation and location of any stream within or adjoining the subject parcel and the Floodplain.
17. Location of municipal boundary lines, if applicable.
18. Location of Zoning District boundary lines if they border upon or cross any part of a parcel subject to the proposed Subdivision and/or Land Development.
19. All survey Monuments, Lot corners, Block markers, and benchmarks, together with their description, including location and description of all USGS survey control Monuments, or equivalent.
(Ord. 2022-13. Passed 11-10-22.)
1305.06 BOUNDARY LINE ADJUSTMENTS, MERGER, AND VACATIONS.
(a) The Planning Commission may approve the vacation or alteration of the boundary of any Lot or parcel of land established as part of an otherwise valid and properly recorded Final Record Plat provided the following conditions are met:
(1) Such vacation or alteration shall not result in the creation of additional buildable Lots;
(2) The Replat shall represent the same general Lot relationships as shown in the original Final Record Plat approved prior to the boundary line adjustment or involve only the relocation or alteration of Streets, Alleys, Easements for public passage, or other public areas with no direct impact to any privately-owned Lot (except Lots owned by the Applicant for vacation or alteration); and
(3) No Easements or utility Right-of-Way shall be relocated or altered without the express consent of all Persons holding interest therein.
(b) The City Engineer/Planning Director or designee may approve a Boundary Line Adjustment or Merger as defined in Section 1305.02
(a)(1)C. Such approval may be granted provided the conditions of this section is met.
(c) A boundary line adjustment, merger, or vacation shall result in Lots which conform to the requirements of this Ordinance and the Zoning Ordinance, or in the case of existing non-conforming Lots, does not increase the extent of non-conformance. The revised Final Record Plat properly delineating the boundary line adjustment or vacation shall be in a form approved by the City Engineer/Planning Director or designee and shall, in addition to the required approval signatures and seal and signature of a certified Professional Engineer or Professional Land Surveyor, contain a statement as follows:
“THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND (HERE INSERT A CORRECT DESCRIPTION OF THE LAND SUBDIVIDED) IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.”
The statement shall be signed and duly acknowledged before an officer authorized to acknowledge deeds. The Applicant shall record the revised Final Record Plat reflecting the boundary line adjustment or vacation in the Office of the Berkeley County Clerk within one hundred twenty (120) days of approval by the Planning Commission, as evidenced by stamp and signature thereon.
(d) A boundary line adjustment, merger, or vacation shall note the following information:
(1) A note stating: “This change to the Lot line(s) does not create a Setback violation or increase the non-conformity of any existing Setback violation.”
(2) The Zoning District and depicts the Setbacks.
(3) The district or municipality, county and state where the subject property is located.
(4) The date of the Final Plat.
(5) Surveyors Signature. Certification of the Surveyor of Record as to the preparation and accuracy of the Plat, along with the Surveyor of Record’s professional seal and signature.
(6) The Berkeley County tax map and parcel numbers, and deed book and page numbers of the recorded deed into the current owner(s).
(7) A note on the Plat stating “This property is not (is) in an area designated as a special Flood area, as shown on Community Map/Panel Number [NUMBER], Effective date [DATE].”
(8) A computation of the total tract area and a computation of the land area included in the Rights-Of-Way and Easements.
(9) Existing Easements and Rights-Of-Way accurately identified, located, dimensioned and drawn to scale. Provide reference to deed book and page and/or Plat book and page whichever applies.
(Ord. 2022-13. Passed 11-10-22.)
1305.07 VACATING A PLAT.
(a) Where no Lot has been sold, the Final Record Plat, or part thereof, may be vacated according to either of the following methods:
(1) By Instrument. Through the written consent of the City Planning Commission and all the owners, proprietors, and trustees, if any, of the property subject to the Final Record Plat. Such written consent must be duly executed, acknowledged, or proved, and recorded in the Office of the Clerk of Berkeley County; or
(2) By Ordinance. By ordinance, provided that no facility for which bonding is required pursuant to Article 1309
of this Ordinance has been constructed on the property and no facilities have been constructed on any related section of the property located in the Subdivision and/or Land Development within five (5) years of the date on which the Final Record Plat was first recorded.
(3) The City’s execution and Berkeley County’s recordation of such written instrument or ordinance of vacation shall operate to destroy the force and effect of the recording of the Final Record Plat so vacated and to divest all public rights in and to the property, and to reinvest the owners, proprietors, and trustees, if any, with the title to the Streets, Alleys, Easements for public passage, and other public areas laid out or described in the Final Record Plat.
(b) Where any Lot has been sold, the Final Record Plat, or part thereof, may be vacated according to either of the following methods:
(1) By Instrument. In writing agreeing to the vacation signed by all the Owners of Lots shown on the Final Record Plat and approved and signed on behalf of City of Martinsburg. In cases involving Drainage Easements or Street Rights-of-Way where the vacation does not impede or alter Drainage access for any Lot Owners other than those Lot Owners immediately adjoining or contiguous to the vacated area, the only signatures required are those of the Owners of the Lots within the Subdivision and/or Land Development and the Owners of the Lots immediately adjoining or contiguous to the vacated area. “Owners,” for the purposes of this Subsection (b), shall not include lien creditors except those whose debts are secured by a recorded deed of trust or mortgage and shall not include any consort of an owner. The instrument of vacation shall be acknowledged in the manner of a deed and filed for record in the Office of the Clerk of Berkeley County; or
(2) By Ordinance. The execution and recordation of such written instrument or ordinance shall operate to destroy the force and effect of the recording of the Final Record Plat or part thereof so vacated, and to vest fee simple title to the centerline of any Streets, Alleys, or Easements for public passage so vacated in the owners of abutting Lots free and clear of any rights of the public or other owners of Lots shown on the Final Record Plat, but subject to the rights of the owners of any public utility installations which have been previously erected therein. If any Street, Alley, or Easement for public passage is located on the periphery of the Final Record Plat, the title for the entire width thereof shall vest in the owners of abutting Lots within the Subdivision and/or Land Development. The fee simple title to any portion of the land subject to the Final Record Plat so vacated as was set apart for other public use shall be revested in the owners, proprietors, and trustees free and clear of any rights of public use in the same.
(Ord. 2022-13. Passed 11-10-22.)
1305.08 AMENDMENT OF APPROVED FINAL PLANS AND PLATS.
(a) Application. An owner or Developer of a parcel of land subject to an approved Final Plan and Plat may submit to the Planning Commission an application to amend the Final Plan and Plat. The application shall contain a list detailing each and every amendment and change proposed to the previously approved Final Subdivision and/or Land Development Application, and a revised Final Plat accurately reflecting the proposed amendments and changes. The Planning Commission may require the submission of such other additional items as it determines necessary in light of the amendments and changes proposed (for example, if the proposed changes may significantly impact Runoff or Stormwater Management, a revised and updated Stormwater Management Plan may be required; if the proposed changes involve relocation of utilities, revised Supplemental construction/development Plans and drawings may be required).
(b) Approval Process.
(1) An application to amend an original approved Final Plat shall be reviewed by the City Engineer/Planning Director or designee. The City Engineer/Planning Director or designee may approve, approve with conditions, or deny the proposed amendment. The proposed amendment will be approved if it meets all requirements of this Ordinance. Upon such approval, the revised Final Plat shall be stamped and signed on behalf of the Planning Commission and thereafter recorded as the Final Record Plat.
(Ord. 2022-13. Passed 11-10-22.)
1305.09 AS-BUILT DRAWINGS.
(a) Filing Requirements.
(1) Upon satisfactory completion of the installation of the required Improvements shown in the approved Preliminary and/or Final Subdivision and/or Land Development Application, the Applicant shall submit to the City Engineer/Planning Director or designee one (1) electronic copy via the City’s current electronic application submission system and a CAD/GIS file compatible with the City’s current software of the completed As-Built Drawings, prepared, signed and sealed by a Professional Engineer or Professional Land Surveyor.
(2) Such As-Built Drawings shall accompany the request for bond release in accordance with Article 1309
of this Ordinance or be submitted prior to Final Subdivision and/or Land Development Application approval if such is made a condition of approval, whichever is applicable.
(b) As-Built Drawings. The following items shall be surveyed to determine actual field conditions, and the approved Preliminary Plat, as revised and annotated to reflect such actual field conditions, shall constitute the As-Built Drawings.
(1) Streets (Public and Private).
A. Horizontal alignment with radii, (lengths, (P)(C) and (P)T. stations, tangents, and all other curve information).
B. Vertical alignment with centerline grades, vertical curve lengths, station and elevation of all PVC’s and PVT’s, and centerline profile.
C. Copies of Maintenance Agreements or covenants addressing maintenance of any Private Streets, Alleys, streetscaping, private Easements, etc.
D. Areas where Road stabilization fabrics or heavier pavement Structures are used.
(2) Potable Water.
A. The location of all fire hydrants, water meter boxes, casings and points of connection to the existing system shall be referenced in two perpendicular directions. The Applicant’s Professional Land Surveyor or Professional Engineer may use other forms of as-built locations, such as providing coordinates referenced to state plane for noting the horizontal locations of this utility.
B. The location of mains located within the public Right-of-Way.
C. Horizontal dimensions shall be to the nearest tenth of a foot and vertical dimensions shall be to the nearest hundredth of a foot.
D. Horizontal locations will be required perpendicular to the Right-of-Way at one hundred foot (100') intervals.
E. Elevations on the main and finished grade will also be required at all pipe dead ends, Intersections, size changes, points of connection to existing system, at Intersections of pipe, at five hundred foot (500’) intervals, and where the standard depth of cover is not provided. Elevations shall be measured from the pipe invert elevation.
(3) Gravity Sewer.
A. The location of all piping, wyes, tees, utility holes, cleanouts and points of connection to the existing system shall be referenced in two perpendicular directions. The Applicant’s Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor may use other forms of as-built locations, such as providing coordinates referenced to state plane for noting the horizontal locations of this utility.
B. The location of mains located within the public Right-of-Way.
C. Horizontal dimensions shall be to the nearest tenth of a foot and vertical dimensions shall be to the nearest hundredth of a foot.
D. Runs of gravity sewers shall be identified.
E. Elevations shall be given for the north rim of the top of all utility hole covers and all utility hole inverts.
F. Elevations on the service piping and finished grade will be required at the property line for only those sewer service laterals which result in more than sixty (60) inches of cover or less than thirty (30) inches of cover.
G. For sewer service laterals which are totally perpendicular to the main, the location of the end of sewer services shall be given to the plug and be located from the side property line or by station and offset. For sewer service laterals, which include bends and offsets which result in a service which is not totally perpendicular to the main, for these cases, the location of all fittings between the sanitary tee and the plug (at the property line) shall be provided.
H. Utility hole types shall be identified.
(4) Force Mains.
A. The location of valves, fittings, casings and points of connection to the existing system shall be referenced in two perpendicular directions. The Applicant’s Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor may use other forms of as-built locations, such as providing coordinates referenced to state plane for noting the horizontal locations of this utility.
B. The location of mains located within the public Right-of-Way.
C. Horizontal dimensions shall be to the nearest tenth of a foot and vertical dimensions shall be to the nearest hundredth of a foot.
D. Horizontal locations will be required perpendicular to the Right-of-Way at one hundred (100) foot intervals.
E. Elevations on the main and finished grade will be required at points of connection to the existing system, five hundred (500) foot intervals, at high points, and where the standard depth of cover is not provided. Elevations shall be measured from the pipe invert elevation.
(5) Pumping Stations.
A. Wet well size and location shall be indicated and located to property lines and/or Right-of-Way lines.
B. All lines within the pump station site shall be located to property lines and/or Right-of-Way lines.
C. Elevations shall be indicated at inverts, wet well top and bottom, and at ground adjacent to wet well. All types and sizes of lines and fittings shall be indicated.
D. All schedules that show pump, motor and electrical data shall be corrected to show the as-built condition and submitted with the pump station drawings.
E. As-built information should be provided for the pump station site Plan. Within the pump station boundaries, the following shall be located horizontally: pump-out, water spigot and cross-connection control device, wet well, control panel, bends, fittings, utility holes, generator and fuel tank (if applicable), transformer, fence, and auxiliary electrical enclosures, as applicable.
F. The Applicant or Developer shall provide a boundary survey of the pump station site showing above and below ground Improvements. The boundary survey shall be certified by a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor.
G. All buried electrical conduit shall be labeled and located to property lines and/or Right-of-Way lines including electrical service from utility transformer to station meter and to control panel.
H. If the pump station is privately owned, provide owner’s name and phone number for future coordination tasks and emergency events.
(6) Storm Drain.
A. The location of all piping, wyes, tees, utility holes, inlets, cleanouts and points of connection to the existing system shall be referenced in two perpendicular directions. The Applicant’s Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor may use other forms of as-built locations, such as providing coordinates referenced to state plane for noting the horizontal locations of this utility.
B. The location of mains located within the public Right-of-Way.
C. Horizontal dimensions shall be to the nearest tenth of a foot and vertical dimensions shall be to the nearest hundredth of a foot.
D. Runs of storm sewers shall be identified.
E. Elevations shall be given for the north rim of the top of all utility hole covers and inlets and catch basins and all utility hole, inlet and catch basin inverts.
F. Storm Drain, utility hole, inlet and catch basin types shall be identified.
(7) Buildings. As-Built Drawings for Buildings constituting part of the Improvements (e.g., pump-station Buildings) shall be marked to indicate any and all changes made. As-Built Drawings shall also include the installed size, elevation and location of all exterior equipment, and Structures.
(8) Stormwater Management Facilities.
(c) Checklist. A Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor submitting the As-Built Drawings shall also submit a statement in the As-Built Drawings certifying that the following items have been inspected and found to be in substantial conformance with the approved construction Plans and profiles or site Plans, as applicable.
(1) Curb and Gutter. Confirm that the curbs are the proper type.
(2) Sidewalk/Trail. Confirm that the sidewalk/trail is correctly situated with relation to the Rights-Of-Way or Easement. Verify that the construction material used is as approved.
(3) Drainage. Confirm that the Drainage patterns have been established in conformance with the grading Plans. Confirm that Slopes and Swales are properly located and graded. Confirm that positive Drainage exists.
(4) Pavement. Provide a copy of the approved pavement design. Confirm that all pavement was placed in accordance with the approved pavement design. Confirm that all material was compacted to required standards. Provide a copy of the approved striping and signage Plan.
(5) Sight triangle and clear zones. Confirm that there are no encroachments.
(6) Utility placement within Roads. Provide a statement that all utilities located within Roads are within recorded Easements, or if in public Right-of-Way, located as approved and per the West Virginia DOH permit requirements.
(7) Landscaping and Buffering. Confirm the Landscaping is in general conformance as to location with an approved landscape Plan. Confirm plantings conform to correct category (canopy, understory, shrub, or evergreen) in, at a minimum, the required quantities. Plantings in excess of the required quantities are acceptable and do not constitute the need for a redline revision. If the Landscaping does not meet the minimum requirements as set forth in the approved site Plan, then a redline landscape Plan shall be submitted for review and approval.
(Ord. 2022-13. Passed 11-10-22.)