Martinsburg City Zoning Code
ARTICLE 1307
Site Planning and Design Specifications
1307.01 GENERAL SITE PLANNING AND DESIGN SPECIFICATIONS.
(a) General Requirements. These requirements and standards are considered minimums and are not intended to discourage the use of higher standards by Owners/Developers who wish to achieve more desirable results. The Planning Commission may specify additional requirements where, owing to unique or unusual characteristics, the purposes of these Regulations can be better served.
(1) In designing and developing a Subdivision or Land Development, the Applicant shall comply with the principles and requirements of this Ordinance and the Zoning Ordinance. The standards and requirements contained herein shall be considered the minimum for the promotion of the public health, safety, convenience, and general welfare.
(2) The Planning Department, in considering an application for the Subdivision or Development of land, shall be directed by the provisions of this Ordinance, the Zoning Ordinance, the Stormwater Management Ordinance, the Flood Plain Ordinance and the Martinsburg Comprehensive Plan.
(3) Land to be subdivided or developed for Building purposes shall be of such a character that it can be used safely for Building purposes without danger to health or peril from fire, Flood, or other menace.
(4) Individual Building Lots laid out on areas characterized by steep Slopes, poor soils, rock formations, Flood conditions, high water table, sewage disposal, excessive grade or similar circumstances, or other unsuitable physical features shall not be subdivided or developed unless safeguards acceptable to the Planning Department are provided. It shall be the burden of the Applicant proposing such a Lot, to prove to the Planning Department why the proposed Lot would be acceptable. The Planning Department may require the Applicant to provide appropriate safeguards as recommended by a professional geologist.
(5) All Subdivision and Land Development shall be designed to promote the following:
A. Walkability and connectivity when compatible with adjoining and compatible properties located within the City.
B. Protection of environmental resources as feasible.
C. Future transportation needs as defined in the City’s Comprehensive Plan, including approved long-range transportation planning objectives of the Planning Commission.
D. Active and passive Recreation needs.
E. Maximize use of natural topography.
F. Where suitable, a distribution of uses to enhance commercial viability and to create a livable and safe residential neighborhood.
G. Utility and Stormwater Management Planning.
(6) All Subdivision and Land Development shall be designed to include any design considerations as specified in applicable conditions of annexation.
(7) The Applicant shall describe, in text and drawing, how cemeteries, historic landmarks, gravesites, and historic Structures will be treated, preserved, and/or accommodated within the design of the Subdivision and/or Land Development.
(8) The various bulk and area regulations specified in the Zoning Ordinance are incorporated herein by reference as standards applicable to the Subdivision and Development of land located in the indicated Zoning Districts.
(9) The various provisions of the Supplemental Regulations in Article 1309
of the Zoning Ordinance are incorporated herein by reference as standards applicable to the Subdivision and Development of land, to the extent said provisions contain such standards.
(b) Lots.
(1) Minimum Lot Frontages as established in the Zoning Ordinance.
(2) Each Lot created shall have access to a public right of way unless waived by the Planning Commission. If this requirement is waived each Lot shall have adequate access to public right of way via access Easements or Private Streets.
(3) Commercial Centers, Townhouse and multi-family Lots having access to a Private Street or common parking area along a pedestrian way may be allowed by the Planning Department if all other applicable design requirements of the City are met. In such circumstances, Public Streets shall be easily accessible by residents and the primary access route(s) into the Subdivision and/or Land Development may be required by the Planning Department to be Public Streets.
(4) Side Lot lines shall be substantially at right angles or radial to Street Lines, unless variation from this rule will give a better Street Plan.
(5) Where land has been dedicated for the widening of existing Streets, Lots shall begin at such new Street Line as may be established and all Setbacks shall be measured from such line.
(6) The minimum Building Frontage along a Cul-de-sac shall be twenty-five (25) feet, measured at the front property line.
(7) Residential Lots shall not have direct access from a Primary Street.
(8) Corner Lots and Double Frontage Lots.
A. Corner Lots shall have sufficient extra width to allow Building Setbacks from all Streets as specified by the Zoning Ordinance.
B. Where both the front and rear yards abut Streets, the minimum front yard requirement of the Zoning District shall apply to any Frontage which has access to a Street. The Frontage, if any, which has no access permitted shall be subject to the rear yard requirements for the District.
(9) Lots created for essential public utilities, open space, public parks, or public facilities shall be exempt from these requirements.
(10) Any Lot annexed into the City of Martinsburg with dimensional requirements less than required shall be considered vested with the existing dimensions at the time of annexation, provided that future Subdivision and/or Land Development shall comply with all current regulations.
(c) Blocks.
(1) Block length and width shall be able to accommodate the required Lot sizes as specified for the appropriate Zoning Districts in the Zoning Ordinance.
(2) Blocks shall have a maximum perimeter boundary length of 2,050 feet and the block layout should uphold the pattern of existing Blocks where applicable.
(3) Blocks shall be of sufficient depth to permit two (2) tiers of Lots, except in the following cases:
A. Where reverse Frontage Lots are necessary;
B. Where Access Drive Units are planned; or
C. Other site-specific limitations as may be recognized by the Planning Department.
(4) Blocks shall be of size and shape as topography and Street layout dictate, but the Planning Department shall not approve Blocks that are unreasonably large or small.
(5) The corners of Blocks at Street Intersections shall be Cut back on an arc concentric with the arc of the curb line or by chord that connects the points of tangency of such an arc.
(6) The corners of Blocks shall curve at radius as determined by the City Engineer/Planning Director or designee or other agency having jurisdiction over the roadway design.
(7) Dedicated pedestrian ingress/egress shall be required where necessary to help circulation or provide access to community facilities. Such access shall have a minimum width of six (6) feet and shall comply with the other design requirements as specified in this Article 1307
.
(d) Phasing. Applications for Subdivision and/or Land Development Plan approval which propose to complete the required infrastructure Improvements in phases shall include a corresponding preliminary phasing Plan. A final phasing Plan which incorporates all required conditions of approval and details infrastructure Improvements and sequencing of the phases shall be submitted prior to any ground disturbing activities.
(1) All Phasing shall be sequentially ordered. Phasing shall only be numerically numbered as noted below:
A. Phase 1, Phase 2, Phase 3, Phase 4, etc.
B. The following is not permitted: Phase 1, Section 1 or Section 1, Phase 1, or any derivative of a similar nature.
C. In the unavoidable event that phase needs to be sub-sectioned once the phase has begun, Phase 1 can be labeled as Phase 1A and 1B if necessary.
(2) A Preliminary Plan and Plat for a Subdivision to be developed in phases shall indicate Improvements to be completed with each phase and that each phase shall be capable of operating independently.
(3) The Improvements in each phase shall be adequate to serve the Lots to be developed in that phase. Rights-Of-Way or Easements may need to be dedicated on land intended for future phases to ensure that infrastructure can be completed to function independently of future phases.
(Ord. 2022-13. Passed 11-10-22.)
1307.02 STREET DESIGN STANDARDS.
(a) General Requirements. All new Subdivision and/or Land Development with new public or Private Streets shall comply with the design standards specified in this section.
(b) Conformance. The arrangement, character, extent, width and location of all Streets shall be considered in their relation to existing and planned Streets, to topographical conditions, to public convenience and safety and to the proposed use of the land to be served by such Streets. In designing a Street system, a Developer shall be guided by the following principals:
(1) Provide safe vehicular and pedestrian access.
(2) Local Street systems shall be designed to minimize through traffic movement.
(3) Local Street systems shall provide for the safe, efficient movement of emergency vehicles.
(4) The arrangement of local Streets shall allow economical and practical patterns, shapes and sizes of Development parcels.
(5) Subdivision and/or Land Development shall be designed to promote connectivity of Streets and discourage the use of Cul-de-sacs and restrict stub Streets, except when the Street is planned to be extended.
(6) The Street network should be designed consistent with Street type objectives, which encourage a hierarchical pattern of Streets within a City grid pattern.
(7) Commercial drive-thru uses shall be clearly marked and shall be designed with adequate capacity for waiting vehicles to avoid conflicts with traffic onto, around and off of the site. (See Section 1307.17(g), Table 1307-5, Queue Spaces for Drive-Thru Types).
(8) Specifications for Road Improvements shall be the latest edition of the West Virginia division of Highways “Standard Specifications for Roads and Bridges.”
(9) Roadway storm sewers and culverts shall be designed in accordance with the storm water management regulations.
(c) Street Functional Classifications.
(1) Streets shall be functionally classified based on the most recent edition of the American Association of State Highway and Transportation Officials’ (AASHTO) Green Book: A Policy on Geometric Design of Highways and Streets. The functional Street classification is applied to the entire network of Streets in the City of Martinsburg.
(2) The hierarchy of Street functional classification in the City shall be as follows:
A. Primary Street. Primary Streets carry the principal portion of the vehicular trips entering and leaving urban areas as well as the majority of through movements desiring to bypass the central areas of the City. Significant intra-area travel and important intra-urban travel may be served by this class of facility. It is intended that Primary Streets shall become state maintained highways. Service to abutting land is subordinate to the priority of travel service and major traffic movements for all Primary Streets. Direct access to abutting Lots is restricted on Primary Streets. Street parking is not permitted.
B. Major Collector Street. The Major Collector Streets interconnect and expand from Primary Streets and provide service to vehicular trips of moderate length at a somewhat lower level of travel mobility. Major Collector Streets serve intra-urban vehicular trips between smaller geographic areas than those associated with Primary Streets.
C. Minor Collector Street. Minor Collector Streets differ from Primary and Major Collector Streets in that facilities penetrate neighborhoods. Minor Collector Streets distribute vehicular trips from the major collectors.
D. Neighborhood Center Street. Neighborhood Center Streets link neighborhoods with collector Streets. They are similar to Minor Collector Streets, but with greater emphasis on traffic calming measures and lower speeds. Direct access to abutting Lots is permitted.
E. Neighborhood Street. Neighborhood Streets serve the same purpose as Neighborhood Center Streets but with a greater emphasis on traffic calming measures, lower speeds, and Low Impact Design.
(d) Street Design. Streets shall be designed and constructed to the specifications of their respective functional classification as shown in Table 1307-1 Minimum Street Design Standards and the typical sections of each functional Street classification as provided in Appendix A. Items not covered in the standards and details shall be in accordance with West Virginia DOH standards or the latest edition of AASHTO’s Policy on Geometric Design of Highways and Streets, as deemed applicable by the City Engineer/Planning Director or designee.
(e) Cut and Fill Slopes.
(1) Fill Slopes shall not exceed (3:1) 3’ horizontal to 1’ vertical Slope. Fill sections need not have ditches unless the Fill Slopes exceed six feet in height.
(2) Cut Slopes shall not exceed (2:1) 2’ horizontal to 1’ vertical Slope.
(3) Open ditches shall not be flatter than one and five tenths percent (1.5%); however, a minimum of five-tenths percent (0.5%) vertical grade may be used for trapezoidal roadway ditch lines with minimum bottom width of two (2) feet.
(f) Ditch Line Stabilization.
(1) Roadway Drainage ditch lines shall be stabilized (i.e., rip-rap, sod, erosion control matting, etc.) in accordance with the Stormwater Management Regulations.
(g) Drainage Culvert Pipes.
(1) Driveway culvert pipes or paved Driveway Swales (where allowed in lieu of Driveway culvert pipes) shall be sized to carry the ten (10) year twenty-four (24)-hour storm event ditch flows. However, the minimum size shall be a fifteen (15) inch diameter or an equivalent elliptical pipe size. The pipe shall be corrugated metal or concrete pipe. A table of Lot numbers and Driveway culvert sizes shall be specified on the Preliminary Plat and the Final Plat.
Table 1307-1, Minimum Street Design Standards
Street Design Element | Neighborhood Street | Neighborhood Center Street | Minor Collector Street | Major Collector Street | Primary Street |
Average Daily Traffic (ADT) | 0-500 | 501-1,000 | 1,001-2,000 | 2,000+ | Where called for in consultation with WVDOH |
Minimum Design Speed | 25 mph | 30 mph | 35 mph | 40 mph | |
Minimum turning Flare Radius at Pavement | 25' | 25' | 25' | 25' |
Street Design Element | Neighborhood Street | Neighborhood Center Street | Minor Collector Street | Major Collector Street | Primary Street |
Minimum Road Grade | 1% | 1% | 1% | 1% | |
Maximum Road Grade | 9% | 8% | 8% | 7% | |
Pavement Cross Slope | 2.08% | 2.08% | 2.08% | 2.08% | |
Pavement Surface Type | |||||
Subgrade | 6" Class 1, Dense Graded Aggregate* | 8" Class 1, Dense Graded Aggregate* | 8" Class 1, Dense Graded Aggregate* | 12" Class 1, Dense Graded Aggregate* | Per WVDOH Requirements |
Base Course | 3" Hot Mix Asphalt Base Course* | 3" Hot Mix Asphalt Base Course* | 4" Hot Mix Asphalt Base Course” | 6" Hot Mix Asphalt Base Course* | Per WVDOH Requirements |
Surface Course | 1.5" Hot Mix Asphalt Wearing Course* | 1.5" Hot Mix Asphalt Wearing Course* | 2.0" Hot Mix Asphalt Wearing Course* | 2.0" Hot Mix Asphalt Wearing Course* | Per WVDOH Requirements |
Shoulder Width | N/A | 4' | N/A | N/A | N/A |
Shoulder Cross Slope | N/A | 6% | N/A | N/A | N/A |
Ditch Depth | N/A | 2' | N/A | N/A | N/A |
Minimum Right-of-Way Width | 50' | 50' | 60' | 75' | Per WVDOH Requirements |
Minimum Cul-de-Sac Radius (at R.O.W)** | 50' | 50' | 50' | 50' | N/A |
Street Parking Required | Yes, one side | Yes, both sides | Yes, both sides | Not permitted | Not permitted |
Note(*) Shall be in accordance with West Virginia DOH Specifications
Note (**) 1. Greater Right-of-Way widths may be required by the City Engineer/Planning Director or designee where deemed necessary to contain roadway, drainage ditched, ditch line return slope, fill embankment, street trees and roadway appurtenances within road right-of-way.
2. Cut and fill slopes may extend beyond the right-of-way if a vertible slope easement is provided.
3. The centerline of the roadway section shall be congruous with the right-of-way unless an off-set of the centerline is approved by the City Engineer/Planning Director or designee.
(2) Roadway culvert pipes shall be sized for the ten (10) year, twenty-four (24) hour storm event in accordance with the storm water management regulations. However, Road culvert pipes shall be a minimum fifteen (15) inch diameter corrugated metal or concrete pipe.
(3) Roadway culvert pipes and storm drain outfalls shall have outfall protection designed in accordance with the storm water management regulations.
(h) Dead-end Streets and Cul-de-sacs.
(1) Dead-end Streets.
A. Dead-end Streets shall be prohibited except as stubs to permit future extensions to adjoining land or where in the opinion of the Planning Department interconnectivity is not desirable or feasible for the proposed type of Subdivision and/or Land Development. In such instances that dead-end Streets are allowed, they shall be designed as Cul-de-sacs. If the phase boundary occurs at an Intersection, a tee/hammerhead turnaround may be installed in lieu of a temporary Cul-de-sac turnaround. The tee/hammerhead shall have a minimum Right-of-Way length of eighty (80) feet across the top of the "T", a minimum Cartway length of sixty (60) feet across the top of the "T", a minimum Right-of-Way width of sixty (60) feet across the side of the "T", and a minimum Cartway width of twenty-two (22) feet across the side of the "T".
B. Unless future extension is clearly impractical or undesirable, the Planning Commission may require that the turnaround Right-of-Way be placed adjacent to a property line and a Right-of-Way of the same width as the Street shall be carried to the property line in such a way as to permit future extension of the Street into the adjoining tract. At such time as such a Street may be extended, the coverage created by the turnaround outside the boundaries of the extended Street shall revert in ownership to the Property Owners fronting on the Cul-de-sac turnaround. The small triangles of land beyond the Cul-de-sac to the tract boundary shall be deeded so that until the Street is continued maintenance of these corners of land will be the responsibility of the adjoining owners.
(2) Permanent Cul-de-sacs.
A. The total number of dwelling Units served by a permanent Cul-de-sac Street shall not exceed twenty (20).
B. Permanent Cul-de-sac Streets shall not exceed a centerline distance of six hundred (600) feet in length nor be less than two-hundred fifty (250) feet in length, measured from the centerline Intersection of a Street which is not a Cul-de-sac to the center of the Cul-de-sac turnaround.
C. Cul-de-sac Streets in residential Subdivisions/Land Developments shall be provided at the closed-end with a paved turnaround having a minimum radius to the outer pavement edge or curb line of not less than fifty (50) feet and a Right-of-Way line radius of not less than sixty (60) feet.
D. Cul-de-sac Streets in commercial and industrial Subdivisions/Land Developments shall be provided with a paved turnaround having a minimum radius to the outer pavement edge of sixty (60) feet and a Right-of-Way line radius of not less than seventy (70) feet.
E. Drainage of Cul-de-sacs shall, wherever possible, be in the direction of the open end of the Cul-de-sac.
F. No Cul-de-sac turnaround shall have a centerline grade exceeding four percent (4%).
(4) Temporary Turnaround Streets.
A. Temporary turnaround Streets shall not exceed one thousand (1,000) feet in length, measured from the centerline Intersection with a Street that is not a Cul-de-sac to the center of the Cul-de-sac turnaround. Any Street that is terminated for access to an adjoining property or because of authorized stage or phased Development shall be provided with a temporary, all-weather turnaround paved in accordance with the provisions of this Ordinance. The use of such turnaround shall be guaranteed until such time as the Street is extended. All Cul-de-sac Streets, whether permanently or temporarily designed, shall be provided at the closed end with a fully paved turnaround constructed to the specifications of this Ordinance. The Developer who extends a Street that has been provided with a temporary turnaround shall remove the temporary turnaround and restore the area of the temporary turnaround. A sign in accordance with subsection (i) hereof shall be required at the end of all temporary turnaround Streets.
(i) Where the Planning Commission finds it is desirable to provide for Street access to adjoining property, proposed Streets shall be extended by Right-of-Way Dedication to the boundary of such property. Such dead end Streets shall be provided with a temporary turnaround Easement as permitted within this Section. At all temporary turnarounds, a sign shall be placed stating, “Street to be extended by authority of the City of Martinsburg”. The sign shall be similar in size to a speed limit sign. The Developer who extends a Street that has been provided with a temporary turnaround shall remove the temporary turnaround and restore the area of the temporary turnaround.
(j) Intersection Design.
(1) Sight Distances at Intersections. Sight distances at Intersections should be regulated to allow approaching drivers’ sufficient time to stop. Each vehicle should be visible to the other driver when each vehicle is located on the Street centerline and at a specified distance from the point of Intersection of the Street centerlines. Clear Sight Triangles should be provided at all Intersections and no Building, Structure, grade, or planting higher than two and one-half (2 ½) feet above the centerline of the Street should be permitted within such sight triangles. For Intersections of either residential or non-residential Subdivision Roads with state highways, Sight Distances shall be required by the West Virginia DOH. Otherwise, Sight Distance triangles shall be provided in accordance with the latest edition of AASHTO’s A Policy on Geometric Design of Highways and Streets.
(2) Horizontal Alignment at Intersections.
A. The preferred angle of Intersection for intersecting Streets is ninety (90) degrees. The minimum angle is sixty (60) degrees. Any change in Street alignment on the side Street to meet this requirement should occur no less than one hundred (100) feet from the Intersection of the two streets. The point of curve for a horizontal curve on the side Street shall be no closer than fifty (50) feet from the Intersection of the two Streets.
B. Multiple Intersections involving junctions of more than two (2) Streets, is not allowed.
C. Two (2) Streets intersecting the same Street from opposite sides should intersect this same Street directly opposite one another; or the Streets shall be off-set a minimum of one hundred fifty (150) feet between their centerlines.
D. Minimum curb radii at Street Intersections should be:
1. Residential Subdivision 30 feet.
2. Non-residential Subdivision 35 feet.
(k) Traffic Barriers. Guardrail is not used extensively on Subdivision Streets except where there is a significant risk to motorists or pedestrians, such as along sections of roadway with steep Slopes. Guardrails and other traffic barriers should be designed in accordance with, and installed where warranted by, the latest edition of AASHTO’s Roadside Design Guide, or other acceptable policy.
(l) Curbs, Gutters and Sidewalks.
(1) Where Required.
A. Roadway curbs, gutters and sidewalks shall be required in residential conventional Subdivision where net residential density is greater than four (4) Lots/acre.
B. Roadway curbs, gutters, and sidewalks shall be required in non-residential (i.e., commercial, industrial, etc.) conventional Subdivision unless exempt by the Planning Commission because of low traffic and pedestrian flows.
(2) Roadway Curbs and Gutter.
A. Road curbs shall be constructed of Grade A (3,000 lb.) concrete to a height of no less than six (6) inches above the finished Road surface. The base of curbs shall be a minimum of seven and three-eights (7-3/8) inches measured in cross-section. Curb sides may be sloped inward to join a rounded edge having a radius of one and one-half (1-1/2) inches or more. Alternative designs may be approved by the City Engineer/Planning Director or designee.
B. Drainage gutters shall be provided at the curb and Road surface interface. Gutters shall be designed to carry peak water flows expected from a ten (10) year frequency storm occurring over the entire contributing Drainage Watershed. Storm drain inlets in residential closed-section Roads shall have bicycle-safe grates.
(3) Sidewalks and Paths.
A. Sidewalks shall be constructed of Portland cement concrete with a minimum depth of four (4) inches except under Driveways a minimum depth of six (6) inches shall be used. Sidewalks shall be five (5) feet wide and placed on a suitable base approved by the City Engineer/Planning Director or designee. Sidewalks shall be constructed with equally spaced crack control joints and expansion joints.; and the sidewalk surface shall have a light broom finish. Sidewalks shall have a one-fourth inch (¼”) per foot cross Slope. Grades on sidewalks shall not exceed (20:1) 20’ horizontal to 1’ vertical.
B. Handicapped accessible Walkways, stairs and ramps shall be designed and constructed in accordance with the requirements of the Americans with Disabilities Act, ADA Standards for Accessible Design (28 CFR, Part 36).
C. Hiking and biking paths are not required; however, if the Developer proposed to install a path, the Engineer of record shall show the location of the path and Easement on the Plan and shall provide construction details and material specifications. Where the path crosses a roadway ditch line, a minimum fifteen (15) inch diameter Drainage culvert shall be installed in the ditch line.
(m) Street Name and Traffic Control Devices.
(1) All Subdivision Roads shall be clearly identified by permanent Road name signs, in accordance with the City of Martinsburg’s Addressing Ordinance.
(2) Stop signs shall be provided at all Intersections and where a Subdivision Road meets a state highway.
(3) Speed limit signs (preferably with speed limits of twenty-five (25) miles per hour or less) shall also be provided at each Subdivision entrance Road and other locations where deemed appropriate by the City Engineer/Planning Director or designee.
(4) Pavement markings for traffic control (i.e., centerline stripes, stop bars, speed hump delineation, directional arrows, Crosswalks, etc.) shall be provided where deemed by the City Engineer/Planning Director or designee.
(5) Traffic control signs (i.e., “No Left Turn”, “One Way Only”, etc.) shall be provided where necessary to provide safe traffic control for Subdivision and site Development projects as determined appropriate by the City Engineer/Planning Director or designee.
(6) All traffic control signs and pavement markings shall be installed in accordance with the latest editions of the U.S. Department of Transportation Manual of Uniform Traffic Control Devices (MUTCD) and the Standard Highway Signs (SHS) manual. Traffic control sign and pavement marking details and specifications shall be provided on the Preliminary Plat and/or Site Plan.
(n) Half Streets shall be prohibited, except where the Planning Department finds it will be practical to require the Dedication of the other portion of the Right-of-Way and/or the full construction of the future planned Street when the adjoining property is developed. When required by the Planning Department, curb, gutter, and sidewalks shall only be installed on the improved side of the public Right-of-Way. A minimum pavement width of thirteen (13) feet will be required and shall be measured from the face of the curb to the edge of the pavement.
(o) New Subdivision and/or Land Development that include existing Streets that do not conform to the Street design standards specified under this Ordinance shall be required to dedicate additional width to allow the existing Streets to be widened to meet the requirement. Unless waived by the Planning Commission, the Applicant shall construct the nonconforming Streets to meet the applicable design standards.
(p) Where a Subdivision and/or Land Development abuts or contains existing or proposed Primary Street or railroad Right-of-Way, the Planning Department may require the separation of local and through traffic. This shall be achieved by one of the means listed below.
(1) Another Street type, separated from the Primary Street by a planting strip;
(2) Reverse Frontage Lots, with the Lots fronting on an interior local Street and having a non-access reservation along the rear property line; or
(3) A local Street may be provided along the rear Lot line providing vehicular access to the Lots abutting the Primary Street.
Where any of these means are used, the statement "vehicular ingress and egress restricted" shall be shown with limits on the Preliminary and Final Plats and no Driveways or Access Drives shall have direct access to the Primary Street.
(q) The Street system layout shall be so designed to preserve, wherever possible, natural features such as trees, Watercourses, hilltops and scenic views.
(r) 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.
(Ord. 2022-13. Passed 11-10-22.)
1307.03 SUBDIVISION AND SITE DEVELOPMENT ACCESS.
(a) Subdivision Access to Public Roads.
(1) Subdivision Roads shall be coordinated with existing or proposed public Roads. Lots must be served by internal Subdivision Roads unless otherwise approved by the Planning Commission. Subdivision Road entrances onto public Roads must be acceptable to the Planning Commission and to the West Virginia DOH as to location, number of entrances, Drainage provisions, traffic safety, traffic control devices, and general entrance design.
(2) Non-residential Subdivision entrances access to public Roads shall be designed to minimize traffic conflicts in accordance with guidelines of the latest edition of the Transportation Research Board’s Access Management Manual; or as determined by the City Engineer/Planning Director or designee. Generally, a Subdivision entrance shall be spaced a minimum of two hundred (200) feet from the Intersection of two public Roads.
(3) For emergency ingress and egress purposes, a Subdivision shall be served by two entrances. The entrances shall be offset a minimum of three hundred (300) foot centerline to centerline. For a residential Subdivision, a single entrance may be used under the following conditions:
Maximum Number of Lots Single Entrance Road Width 12 22’ entire length 13 to 30 24’ entire length |
Residential Subdivision with more than thirty (30) Lots shall have two entrances.
(4) Where a Subdivision Road Slopes toward a public highway, the entrance Slope may not exceed a three percent (3%) grade for at least one hundred (100) linear feet into the Subdivision.
(5) Where a Subdivision entrance Slopes away from a public highway, the entrance Slope may not exceed a five percent (5%) Slope for at least one hundred (100) linear feet into the Subdivision.
(6) Residential and non-residential Subdivision boulevard type entrances used at the point of connection of a Subdivision Road to the public highway shall be designed as follows:
A. Raised median minimum four (4) feet wide with concrete curb.
B. Single lane width of a minimum of thirteen (13) feet and maximum of seventeen (17) feet.
C. The single lane width shall extend a minimum of fifty (50) feet beyond the termination of the median; at which point a pavement edge transition taper of 10:1 to a two-way Street pavement width shall begin.
(7) Non-Residential Subdivision shall have a concrete entrance apron, as follows:
[Full width of the Subdivision Road pavement] x [25’ long] x [6” depth] with welded wire fabric reinforced 3,000 psi Portland cement concrete. The apron shall be designed to carry the loads imposed by the anticipated vehicular traffic.
(b) Site Development Access to Public Roads.
(1) Site Development site entrance drives and site access shall be designed to minimize traffic conflicts in accordance with guidelines of the latest edition of the Transportation Research Board’s Access Management Manual; or as determined by the City Engineer/Planning Director or designee.
(2) Entrance width limits are as follows:
A. Minimum one-way 13 feet
B. Maximum one-way 17 feet
C. Minimum two-way 24 feet
D. Maximum two-way 35 feet
E. Length of entrance shall be a minimum of fifty (50) feet long from the existing edge of pavement of the access Road before beginning a 1:15 taper from the edge of pavement to desired width.
(3) Site development entrance Access Drives shall be spaced as follows:
A. A minimum of seventy-five (75) feet centerline to centerline;
B. A minimum of seventy-five (75) feet from the centerline of an internal Subdivision Road Intersection; and
C. A minimum of one hundred (150) feet from the Intersection of a non-residential Subdivision entrance Road or public highway with another public highway.
(4) Site Development Access Drives to Subdivision Streets and public Roads shall have a concrete entrance apron, as follows:
[Full width of the Driveway] x [25’ long] x [6” depth] with welded wire fabric reinforced 3,000 psi Portland Cement Concrete and four (4) inches of base stone. The apron shall be designed to carry the loads imposed by the anticipated vehicular traffic.
(5) Minimum fillet radii at the site Development Access Drive Intersection with the Subdivision Street or public highway should be thirty-five (35) feet.
(Ord. 2022-13. Passed 11-10-22.)
1307.04 SUBDIVISION ROAD AND COMMON AREA OWNERSHIP MAINTENANCE.
(a) A Homeowner’s Association or Business Owner’s Association must be established without delay as soon as fifty percent (50%) of properties are sold. Membership in the association is mandatory for all Property Owners within the Subdivision. The Developers shall dedicate all common lands (Stormwater Management Facilities, Roads, Rights-Of-Way, etc.) to the Association. A note to this effect is required on the Site Plan or Final Plat.
(b) A Common Interest Ownership Agreement must be established to provide for the maintenance of commonly owned land, including, but not limited to the private Road system within the Subdivision. The Common Interest Ownership Agreement must be developed in accordance with the Uniform Common Interest Ownership Act of West Virginia.
(Ord. 2022-13. Passed 11-10-22.)
1307.05 OFF-STREET PARKING STANDARDS.
(a) Off-Street parking facilities may be parking Lots, parking bays, or other types approved by the City Engineer/Planning Director or designee. Parking facilities shall be designed in accordance with the design standards and details established by the City Engineer/Planning Director or designee.
(b) All parking Lots and parking bays (except for parallel parking along a townhouse/condominium complex Street) shall be physically separated from the Street and confined by curbing, unless other suitable design is approved by the City Engineer/Planning Director or designee.
(c) All curb lines in parking areas shall have a minimum radius of curvature of five (5) feet.
(d) The layout of parking areas shall permit safe and efficient internal circulation in accordance with generally accepted engineering principles and practices.
(e) All dead-end parking areas shall be designed to provide sufficient back-up area for the end stalls of the parking area; and to allow turn-around of cars without having to back out of parking bays.
(f) Handicapped parking spaces and access ramps shall be provided, designed, located and delineated in accordance with the latest edition of the American with Disabilities Act, ADA Standards for Accessible Design (28 CFR, Part 36). Calculations showing the required number of handicapped parking spaces shall be provided on the site Plan; and details and dimensions shall be provided for the access ramps, parking spaces, pavement markings and signs, etc.
(g) Parking area and drive aisle grades shall be as follows:
(1) Maximum 6.5%.
(2) Minimum 0.5%.
(h) Parking area Access Driveways and entrances leading from the public Road or
Subdivision Street, and also the parking area internal Access Drives connecting physically separated parking bays, shall not exceed an eight percent (8%) grade.
(i) The maximum embankment Cut or Fill-grade inside and/or adjacent to parking areas shall not exceed (3:1) three (3) feet horizontal to one (1) foot vertical Slope. The City
Engineer/Planning Director or designee may accept steeper embankment Slopes up to (2:1) two (2) feet horizontal to one (1) foot vertical upon review and approved by a geotechnical engineer.
(1) A minimum three (3)-foot-wide strip, not to exceed five percent (5%) Slope, shall be provided between parking areas, sidewalks, and parking area Access Drives, and the toe or top of any embankment Slope.
(2) When retaining walls are used, they shall be designed and certified by a Professional Engineer licensed in the state of West Virginia. The construction details and specifications shall be shown on the site Plan.
(j) There shall be a minimum ten (10) foot median between the end of a row of parking spaces and any parking area Access Drive in order to provide for adequate Sight
Distance.
(k) All cart storage areas, parking area internal pedestrian pathways, parking spaces,
directional arrows, fire lanes, and handicapped parking symbols, etc., shall be shown on
the Preliminary Plan and delineated on the pavement with traffic grade paint.
(l) All parking areas shall be bituminous asphalt, paved concrete, or pervious pavers per Section 1307.17
(e)(4). Paving sections shall be established by the City Engineer/Planning
Director or designee.
(m) Parking area dimensions shall be no less than those listed in Table 1307-2, as follows:
Table 1307-2, Parking Area Dimensions
Parking Angle | Stall Width | Stall Depth | Drive Aisle One-Way | Drive Aisle Two-Way |
90 | 9' | 20' | 24' | 24' |
60 | 9' | 22' | 18' | 24' |
45 | 9' | 21' | 14' | 24' |
Parallel | 9' | 22' | 12' | 24' |
(n) The City Engineer/Planning Director or designee may establish standard details as
deemed necessary to depict and convey the parking requirements.
(Ord. 2022-13. Passed 11-10-22.)
1307.06 SPEED HUMPS.
In Subdivision and site Development projects, if roadway or access traffic calming speed humps are proposed, they shall be designed, installed and delineated in accordance with the latest edition of the Institute of Transportation Engineers’ Guidelines for the Design and Application of Speed Humps. Construction details shall be provided on the Preliminary Plat and/or Site Plan.
(Ord. 2022-13. Passed 11-10-22.)
1307.07 TRAFFIC MANAGEMENT STANDARDS.
(a) Internal Circulation. A complete system of internal traffic circulation shall be provided to serve all uses in any shopping center or other integrated-use Development included in a Subdivision and/or Land Development Application. In such Subdivision and/or Land Development, internal access shall be provided in a fashion so that all uses can be mutually accessed without entering onto Primary or Major Collector Streets.
(b) Traffic Impact Study (TIS).
(1) West Virginia DOH Traffic Engineering Directive 106-2, Procedures for Conducting Traffic Impact Studies (or the most recent published version), shall be followed to conduct traffic impact studies, which are required under any of the following conditions:
A. When the proposed Subdivision and/or Land Development is projected to generate one hundred (100) or more trips per hour during the peak generating time for the Subdivision and/or Land Development.
B. For smaller Subdivision and/or Land Development, under one of the following three conditions:
1. When the proposed new approach is to an Intersection already operating at level of service (LOS) “D” or worse.
2. When the Applicant or Developer is requesting a new traffic signal.
3. When modification of an existing traffic signal is being requested.
C. An older TIS may need to be updated when the data is more than two (2) years old.
(2) A traffic impact study may not be required in situations where the West Virginia DOH is agreeable to the proposed mitigation measures without conducting a TIS. (Ord. 2022-13. Passed 11-10-22.)
1307.08 DRIVEWAY STANDARDS.
(a) Driveways may be used to provide a place and access for vehicular movement only between a parking area for a single residential Unit of occupancy or agricultural use (farm) and a Street, Alley, or Access Drive. Driveways may be used for off-street parking. Driveways shall conform to the following:
(1) Residential Driveway entrances shall be provided from any roadway to all single-family residences in accordance with Standard Detail DE-1 or Standard Detail DE-2 in Appendix B (depending upon the curb and gutter requirements).
(2) There shall be no more than one (1) vehicular entrance per individual Lot on a Public Street, unless the entrances are separated by a minimum of one hundred-fifty (150) feet.
(3) No Driveway shall be constructed closer than forty (40) feet to the nearest Street Intersection.
(4) Driveways shall be located more than five (5) feet from an adjoining property unless used as a shared Driveway between the two abutting properties. Recorded Maintenance Agreements shall be required before approval of Preliminary Plan.
(5) Driveway grades shall not exceed three percent (3%) from the edge of the intersecting Street pavement to the property line, nor exceed ten percent (10%) from the property line to the garage, carport, or other off-street parking space.
(6) The maximum Slope of embankments adjacent to Driveways shall not exceed 1V:3H unless a retaining wall is used to ensure that the earth is stabilized.
(7) Driveways shall be constructed of bituminous asphalt, paved concrete, or pervious pavers per Section 1307.17
(e)(4).
(Ord. 2022-13. Passed 11-10-22.)
1307.09 UTILITIES AND WATER AND SANITARY SEWER SYSTEMS.
(a) A centralized water system shall be required for all Subdivisions and shall be equipped with the requisite number of fire hydrants. Fire hydrants shall meet the following requirements specified for fire hydrant installation and operation. Non-residential Subdivision shall be served by central water systems with fire hydrants sufficient to meet all requirements of the West Virginia State Fire Marshal’s regulations.
(1) Fire hydrants shall be installed in Subdivisions served by municipal water systems. The hydrant shall have a minimum flow rate of five hundred (500) gallons per minute (gpm) at a residual pressure of two (2) pounds per square inch (psi).
(2) Fire hydrants shall be installed at each Street Intersection with additional hydrants installed where necessary to provide fire hydrants at a maximum spacing interval of five hundred (500) feet or ISO standards, whichever is less. Fire hydrants shall be connected to water lines that are at least six (6) inches in diameter. Fire hydrants shall have isolation valves and be designed to drain and prevent freezing.
(3) Fire hydrant specifications and thread sizes shall be acceptable to the City and the West Virginia State Fire Marshal.
(b) Water and sanitary sewer systems, water treatment plants, wastewater treatment plants, storage tanks, etc., shall be designed and constructed according to the regulations of the West Virginia Bureau of Health, the West Virginia DEP and federal regulations, as applicable.
(1) A copy of the approved West Virginia Bureau of Health permit and a complete set of the approved Plans shall be submitted prior to approval of the Preliminary Plat. The Plans shall include the utility system Plan, profiles, details and specifications necessary for construction of the system.
(2) For wastewater treatment plants, a copy of the West Virginia Department of Environmental Protection’s waste load allocation and discharge permit shall be provided prior to approval of the Preliminary Plat.
(3) Private wells and/or private septic systems for domestic use are prohibited when central water and/or sanitary sewer is available.
(c) Where possible, water and sewer lines that are installed parallel to Subdivision Roads shall be laid within the Road Right-of-Way. Otherwise, utility Easements shall be provided as deemed necessary to provide for access and maintenance. A note shall be placed on the Final Plat stating:
A BLANKET EASEMENT IS GRANTED TO THE CITY OF MARTINSBURG IN ALL ROAD RIGHTS-OF-WAY FOR CONSTRUCTION AND MAINTENANCE OF WATER AND SANITARY SEWER LINES.
(d) A note shall be placed on the Preliminary Plat and Final Plat stating that:
SERVICE LATERALS TO INDIVIDUAL LOTS OR SITES SHALL BE INSTALLED PRIOR TO CONSTRUCTION OF THE FINISHED ROAD PAVEMENT SURFACE.
(e) The installation of water and sanitary sewer utility lines appurtenances shall be inspected and certified by the City that will own and operate the system.
(f) All utility transmission lines (e.g., electric, phone, cable, water, sewer, etc.) and service lines within the Subdivision or site Development project shall be underground.
(Ord. 2022-13. Passed 11-10-22.)
1307.10 STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL.
All requirements and processes for storm water management and erosion & Sediment Control for the City are contained within the Stormwater Management Ordinance of the City of Martinsburg (Ordinance No. 2013-17). Development within the City meeting the criteria described in said ordinance must conform to the standards set forth therein.
(Ord. 2022-13. Passed 11-10-22.)
1307.11 BUFFER AND SCREENING STANDARDS.
(a) For new Developments and new uses in existing Developments, an opaque buffer and screen from the ground to a minimum height of six (6) feet, shall be provided between all adjoining residential and non-residential uses.
(b) Opaque Screening to a minimum height of six (6) feet and a minimum width of five (5) feet shall be required around the perimeter of all mini-storage warehousing facilities, Recreational and commercial vehicle parking areas, and loading areas, and also between single-family detached and multi-family, and where elsewhere specified in this Ordinance.
(c) Opaque Screening to a minimum height of six (6) feet shall be required around the perimeter of all exterior trash dumpsters; material, product and equipment storage areas; tanks, and similar facilities. Dumpster Screening shall consist of a solid wall at least six (6) feet tall and landscape area along all sides (except the area where the door is located). The walls shall be of the same general character and compatible with the materials used for the principle Building and shall not be sheet metal. The gate at the entrance to the dumpster shall be on a metal frame. The landscape area around the dumpster Screening shall be at least five (5) feet in depth and be planted with shrubs and/or trees.
(d) A twenty-five (25) foot opaque buffer and screen composed of intermittent visual obstructions from the ground to a minimum height of ten (10) feet is required along existing or planned primary Streets and state-maintained Roads where new residential Developments about them. For new mixed-use Developments, residential Structures shall be buffered from commercial Structures and adjoining parking Lots by use of vegetation, Landscaping, fencing, walls, Berms or other similar methods which are deemed under the circumstances to create effective and aesthetically pleasing screens or buffers between such diverse land uses. At least fifty percent (50%) of any vegetative material shall be coniferous or other non-deciduous plant material.
(e) Buffering shall consist of a land area not less than twenty (20) feet in width for Developments between all adjoining residential and non-residential uses, except as provided below.
(f) The twenty (20) foot Screening shall be in conformance with Appendix C – Buffering Standard Detail and planted according to the species’ planting requirements. All natural Screening shall be intended to reduce visibility, pollution, and noise.
(g) Buffer width may be reduced to ten (10) feet, provided that an opaque Screening is provided, such as a fence, Berm, Landscaping or a combination thereof. The ten (10) foot buffer and Screening shall be in conformance with Appendix C – Buffering Standard Detail and planted according to the species’ planting requirements. All natural Screening shall be intended to reduce visibility, pollution, and noise.
(h) Opaque Screening shall consist of a wall, fence, landscaped earth Berm, planted vegetation, existing vegetation, or a combination thereof and shall be intended to prevent visibility and reduce noise. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation.
(i) The requirements of Section 1307.12
Landscaping Standards shall be in addition to the requirements of this Section. However, where duplication of plant material would occur, plantings from Section 1307.12
is not required. Duplication in this Subsection shall mean excessive crowding, based on anticipated full growth at maturity of the selected plant material, that would result in premature mortality. (Ord. 2022-13. Passed 11-10-22.)
1307.12 LANDSCAPING STANDARDS.
(a) The requirements specified henceforth establish minimum standards for required Landscaping, buffering, and Screening for Major Subdivision and/or Land Development. The purpose of this Section is to enhance the appearance, environment, wildlife, and value of property in the City of Martinsburg for the general benefit of all citizens. All Major Subdivision and/or Land Development within the City of Martinsburg shall be subject to the requirements as specified herein.
(1) General Landscaping. All Subdivision and/or Land Developments shall plant all disturbed ground with plant material to provide ground stabilization, aesthetic, visual and environmental enhancement to sites and Buildings. No more than forty percent (40%) of any one type or species of tree shall be permitted.
(2) Street Trees. All Subdivision and/or Land Development that propose new Streets or Development along existing Streets shall provide Landscaping along Street Frontages in accordance with the following regulations:
A. A minimum of one (1) tree shall be required along every fifty (50) feet of Street Frontage on both sides of Street. The minimum spacing of trees shall be according to the requirements of the specific species.
B. Up to ten percent (10%) of the total number of trees required in subsection (a)(2)A. may be planted in designated Open Space areas.
C. For the purpose of calculating the required number of Street trees required in subsection (a)(2)A., both sides of a Street, and the length around Cul-de-sacs, shall be included in the total length of street Frontage.
D. Where a buffer and/or screen is required along a Street, Street trees shall not be required along that particular Street Frontage.
E. Street trees will be reviewed to ensure that trees do not create nuisance conditions from fruit, nuts, seeds or the like on vehicles and Stormwater systems beyond what is generally accepted when trees are located along the roadway.
(3) Parking Lot Landscaping. All parking Lots shall be landscaped to reduce the visual impact of glare and headlights on adjoining residential and non-residential properties and Rights-Of-Way. Parking Lots shall be adequately shaded to reduce reflected heat. Landscaping shall also be provided to reduce the visual expansiveness of parking Lots. Landscaping shall be provided in such parking Lots as follows:
A. Perimeter Landscaping. The perimeter of all Impervious Areas shall be landscaped with shade trees and other Landscaping. One tree shall be provided for every 2,000 square feet of Impervious Area for the first 100,000 square feet of the total site area. Thereafter, one (1) tree shall be provided for every 5,000 square feet of Impervious Area over 100,000 square feet. The majority of these trees shall be located around parking Lots. All perimeter Landscaping shall comply with the requirements of this Ordinance, including, but not limited to plant selection, planting procedure, and maintenance.
B. Interior Landscaping. In any parking Lot containing twenty-five (25) or more parking spaces, a minimum of five (5) percent of the total area of the Lot shall be devoted to interior Landscaping for the purpose of providing shade trees and reducing Impervious Areas. No less than one (1) shade tree shall be provided in the interior of the parking Lot for each ten (10) parking spaces and two (2) shrubs. Planting area shall not be less than six (6) feet in length and width. All Landscaping shall comply with the requirements of this Ordinance, including, but not limited to plant selection, planting procedure, and maintenance. Recessed parking Lot islands are encouraged, which could function as a bio-Swale.
C. The area between the parking Lot and the Street shall be planted with a continuous row of shrubs that will screen the parking from the Street. Plantings shall be a minimum of eighteen (18) inches at time of planting. All shrub material shall be a minimum of three (3) feet at maturity. So long as to not obstruct sight triangles.
(b) Plant Selection. Required trees and shrubs shall be of an acceptable species. In addition, the size of the plant, excluding ground cover, shall be of the following minimum sizes when planted:
(1) All deciduous trees shall be at least two (2) inch caliper when planted.
(2) All evergreen trees shall be at least six (6) feet tall when planted.
(3) All shrubs shall be at least three (3) gallon container size when planted.
(4) Landscaping should be tolerant to the climate, location and space constrains, and include a variety of plants including shrubs and trees to create interest, color, fragrance and texture.
(c) Planting Procedure. All required trees and shrubs shall be planted in accordance with the specifications of the ANSI (American National Standards Institute) A300 Best Management Practices. All trees shall be planted no closer than three (3) feet to the edge of sidewalks, curb, or other pavement.
(d) Maintenance. The owner, Developer, and/or builder who is responsible for planting required Landscaping shall be responsible for maintaining the Landscaping in a state of good health for one (1) year after the installed and completed Landscaping is approved by the City Engineer/Planning Director or designee following inspection. Landscaping will be inspected at the time of bond release and, in the case of materials that have not been planted and established in good condition, the responsible Person will be required to post a maintenance bond for one (1) year to guarantee the survival of the materials. Approved Landscaping shall be maintained in a healthy condition with adequate watering, fertilization, and grooming in accordance with industry standards
(e) Prohibited Species. Certain plant material species is prohibited due to invasiveness,
hardiness, maintenance or other nuisance features. The following is a list of prohibited
species that are not permitted to be planted:
• Autumn-olive Elaeagnus umbellata
• Bush Honeysuckles Lonicera maackii, L. tatarica, L. morrowii, Amur, Tatarian, and Morrow honeysuckle
• European Privet Ligustrum vulgare
• Garlic Mustard Alliaria petiolate
• Japanese Barberry Berberis thunbergia
• Japanese Knotweed Polygonum cuspidatum
• Japanese Stiltgrass Microstegium vimineum
• Kudzu Pueraria montana
• Mile-A-Minute Persicaria perfoliate
• Multiflora Rose Rosa multiflora
• Oriental Bittersweet Celastrus orbiculatus
• Purple Loosestrife Lythrum salicaria
• Russian Olive Elaeagnus angustifolia
• Tree of Heaven Ailanthus altissima
(f) Existing Plant Material, Tree Credits and Woodland Preservation Bonuses.
(1) Existing Plant Material. Existing trees, shrubs, and other plant materials shall be retained to the greatest extent feasible. Plans shall indicate how existing trees, shrubs and other plant materials are to be protected and provided moisture and how soils are to be aerated and drained.
(2) Tree Credits. If the intent of this Section is satisfied, as determined by the City Engineer/Planning Director or designee, including the tree location, species and health, existing trees that are preserved may be given tree credits that will reduce the total number of required trees in a Subdivision and/or Land Development equal to the number of credits received. Trees that are preserved for a tree credit must include the protection of at least two-thirds (2/3) of the tree drip line from Land Disturbance as shown on the Preliminary Plans. Table 1307-3 shows the amount of tree credits existing trees may receive based on the existing tree size (caliper).
Table 1307-3, Tree Credits
Tree Category | Tree Credit |
Existing Tree 1" to 6" Diameter Breast Height (DBH) | 1 tree Unit per tree retained |
Existing Tree 7" to 19" DBH | 2 tree Unit per tree retained |
Existing Tree > 20" DBH | 3 tree Unit per tree retained |
New or Replacement Tree, Large Species (At maturity more than 40 feet tall) | 1 tree Unit per tree planted |
(Ord. 2022-13. Passed 11-10-22.)
1307.13 OUTDOOR LIGHTING.
(a) Illumination Levels. Lighting, where required by this Ordinance or otherwise required by the City shall have intensities and uniformity ratios in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook, 9th edition, Chapters 21 & 22. (i.e., Minimum Average = 0.5 fc; Minimum = 0.1 fc; Uniformity = 6:1) 2. Future editions to said Lighting Handbook and Recommended Practices shall become a part of this Ordinance without further action by the City.
(b) Lighting Fixture Design.
(1) Street lighting supplied with unmetered electric service shall meet the specifications of the electric utility.
(2) Lighting fixtures for Building entrances, sidewalks, paths, site entrances, and parking areas shall be aimed straight down and shall be full cutoff or fully shielded. For the use of reflector lamps, a maximum of 14,000 center-beam-candlepower (CBCP) shall be permitted.
(3) For the lighting of non-horizontal surfaces such as, but not limited to, facades, Landscaping, signs, fountains, displays, flags and statuary, the use of lighting fixtures that are not full cutoff or fully shielded, shall be permitted only with the approval of City Engineer/Planning Director or designee, based upon acceptable shielding and other glare control. At a minimum, shielding shall render the light source not visible from neighboring properties.
(4) Barn lights (i.e., fixtures which are not full-cutoff, or cutoff, but which have a diffuser which transmits the light at angles above full-cutoff or cutoff angles) shall not be permitted where they are visible from other uses unless fitted with a reflector or other device to render them fully shielded or full cutoff.
(c) Control of Nuisance and Disabling Glare (Excessive Brightness in the Field of View).
(1) All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(2) Floodlights and spotlights that are not full-cutoff or fully shielded, where specifically approved by the municipality, shall be so installed and aimed that they do not project their output into the windows of neighboring properties, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Authorities having jurisdiction shall take specific care to ensure this criterion by requiring submission of photometric plots of the illuminated surface and its surroundings.
(3) Unless otherwise permitted by the City (e.g., for safety or security or all-night commercial operations) lighting for commercial, public Recreational and institutional applications shall be controlled by programmable timers that accommodate seasonal and annual variations and battery or mechanical (e.g., spring-wound) backup, to permit extinguishing sources between 11:00 p.m. and dawn or within 1-hour of the close of business, whichever is earlier, to conserve energy and to mitigate nuisance glare and sky-lighting consequences.
(4) Security lighting proposed for use after 11:00 p.m. or after the normal hours of operation for commercial, industrial, institutional or municipal applications, shall be accomplished using no more than twenty-five percent (25%) of the number of fixtures used during normal business hours, from then until the start of business in the morning. Alternatively, where reduced but continued activity requires even illumination, the use of dimming circuitry to reduce illumination levels by seventy-five percent (75%) after 11:00 p.m. or after normal business hours, shall be permitted.
(5) Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Vegetation screens shall not be employed to serve as the primary means for controlling glare, except that the use of dense evergreen hedges, such as yew or juniper, to shield ground-mounted Floodlights may be used with signs up to fifteen (15) feet in height, provided such planting is maintained in a manner that shields the fixture from view of traffic and pedestrians at an angle below forty-five (45) degrees above horizontal.
(6) The level of illumination projected onto a residential use from another property shall not exceed 0.1 initial horizontal footcandle, at the property line. The level of illumination projected onto a non-residential use shall not exceed 1.0 initial horizontal footcandle at the property line.
(7) Directional fixtures for such applications as façade, fountain, feature, and landscape illumination shall be aimed so as not to project their output beyond the objects intended to be illuminated, shall meet requirements stated above with respect to light trespass, shall be extinguished between the hours of 11:00 p.m. and dawn and shall not be in conflict with the principles stated throughout this Ordinance.
(8) Only the United States Flag and the West Virginia State Flag shall be permitted to be illuminated from dusk till dawn and each flag shall be illuminated by a source or sources with a beam spread no greater than necessary to illuminate the flag. Flag lighting sources shall not exceed 7,000 lumens per flagpole.
(9) The use of white strobe lighting for tall Structures such as smokestacks, chimneys and radio/communications/television towers is prohibited during hours of darkness, except as specifically required by FAA.
(10) Canopy lighting, for such applications as gas/service stations, bank, drugstore and fast-food drive-thru, shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be level with or below the light source.
(11) Temporary residential holiday lighting is exempt from the requirements of this Section except as it creates a hazard or nuisance.
(d) Recreational Uses.
(1) When facilities for such outdoor Recreational activities as baseball, tennis, football, miniature golf or any other Recreational use permitted under the City’s Zoning Ordinance, are specifically permitted by the municipality for operation during hours of darkness, the following requirements shall apply:
A. Lighting shall be accomplished only through the use of fixtures conforming to IESNA criteria, or as otherwise approved by the municipality based on suitable control of glare and light trespass. Flood-lighting for sports or Recreational facilities shall not be aimed above a beam-center angle of forty-five (45) degrees from vertical, nor shall the level of illumination on neighboring properties exceed the limits specified in subsection (c)(6).
B. For new Recreational facilities and existing Recreational facilities wishing to change their hours of operation during hours of darkness, sporting events shall be timed so that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 11:00 p.m., regardless of such occurrences as extra innings or overtimes.
C. Trap shooting facilities, golf driving ranges and racetracks shall not be illuminated unless it can be demonstrated that such lighting will not create a nuisance, shine on or into any nearby residential properties or be visible to traffic on any nearby Streets, roadways, or institutional or commercial parking Lots. In any case, if lighting is permitted at these facilities, it shall not be accomplished by using any horizontally aimed fixtures or Floodlights nor shall these fixtures be aimed at a beam-center angle greater than forty-five (45) degrees from vertical.
D. The outdoor Recreational activities listed in subparagraph e., below shall not be illuminated if located within any residential district or sited on a nonresidential property located within 1,200 feet of a residential use.
E. Maximum mounting heights for Recreational lighting shall be in accordance with the following (Note, regulations apply to non-tournament Recreational uses. Tournament and high school facilities may require increased heights. For tournament and high school level applications use the standards contained in the IESNA Lighting Handbook, 9th edition, Chapters 21 & 22, and relevant IESNA recommended practices.):
1. Basketball: 30’ 10 fc.
2. Football:70’ 20 fc.
3. Soccer: 70’ 20 fc.
4. Baseball: 70’ 20 fc infield; 15 fc outfield.
5. Youth Baseball:
a. 200’ Radius 60’ 20 fc infield; 15 fc outfield.
b. 300’ Radius 70’ 20 fc infield; 15 fc outfield.
6. Miniature Golf: 15’ 10 fc.
7. Tennis: 30’ 20 fc.
8. Track: 30’ 15 fc.
9. Swimming Pool :20’ 10 fc.
(e) Street and Parking Lot Lighting for Residential Applications.
(1) For residential Developments where Lot sizes are or average less than 20,000 square feet, Street lighting shall be provided as follows:
A. At the Intersection of public Roads with entrance Roads to the Development.
B. At the Intersection of Roads within the Development.
C. At Cul-de-sac bulb radii.
D. At terminal ends of center median islands having concrete Structure curbing, trees, signs or other fixed objects, and at Cul-de-sac center islands with curbing.
E. At defined pedestrian crossings located within the Development.
F. At other locations along the Street as deemed necessary by City Engineer/Planning Director or designee.
G. Where Lot sizes permit the parking of less than two (2) vehicles on the Lot, thereby necessitating on-Street parking, Street lighting shall be provided along the length of the Street, in accordance with the illuminance requirements contained in subsection (a) above.
H. In multi-family Developments, common parking areas shall be illuminated in accordance with the luminance requirements contained in subsection (a) above.
(2) In residential Developments with Lots of less than 20,000 square feet, where six (6) or more contiguous parking spaces are proposed, such spaces shall be illuminated in accordance with the luminance requirements contained in subsection (a), above.
(3) Lighting fixtures for parking Lots and roadways in residential Developments shall be mounted not more than fourteen (14) feet above finished grade.
(f) Installation.
(1) Pole-mounted fixtures for roadways, pedestrian Walkways, parking Lots, and similar uses shall be aimed straight down.
(2) Mounting Heights. The following maximum fixture mounting heights shall prevail:
A. Full-cutoff fixtures with 44,000 lumen lamps maximum, in parking Lots: twenty (20) foot AFG.
B. Full-cutoff fixtures with 115,000 lumen lamps maximum, shall be permitted only in large (100 spaces or more) commercial, institutional and industrial parking Lots except when the facility as adjacent to a residential district or use or an environmentally sensitive area: not less that twenty-five (25) feet or more than thirty (30) feet AFG. Mounting heights of twenty-five to thirty (25 – 30) feet shall not be permitted when located less than one hundred (100) feet from a residential district or use.
C. Decorative–cutoff or fully shielded fixtures with 17,500 lumen lamps maximum: 16’ AFG.
D. Fully-shielded bollard fixtures with 6,200 lumen lamps maximum: 42” AFG.
E. Recreational Use. See subsection (d) above.
(g) Post-Installation Inspection.
(1) The City reserves the right to conduct post-installation nighttime inspections to verify compliance with the requirements of this Ordinance and approved plans, and if appropriate, to require remedial action at no expense to the City.
(Ord. 2022-13. Passed 11-10-22.)
1307.14 PARK, RECREATION, AND OPEN SPACE AMENITY STANDARDS.
(a) Standards for Dedication. All land dedicated for Recreation and park Development shall substantially meet the following standards:
(1) Unity. The dedicated land shall form a single parcel of land except where the Planning Commission, in consultation with the Martinsburg-Berkeley County Parks and Recreation Board, determines that two (2) parcels or more would be in the public interest and determines that a connecting path or strip of land is in the public interest, and in which case the path shall not be less than twenty (20) feet wide.
(2) Shape. The shape of the dedicated parcel of land shall be of a sufficient shape to be usable for Active Recreational activities such as softball, tennis, basketball, soccer, walking and bike trails, etc.
(3) Location. The dedicated land shall be located so as to reasonably serve the Recreation and Open Space needs of the Subdivision and/or Land Development for which the Dedication was made and shall bear a reasonable relationship to the use of the area by the future inhabitants of the Subdivision and/or Land Development.
(4) Access. Public access to the dedicated land shall be provided either by adjoining Street Frontage or public Easement at least twenty (20) feet in width.
(5) Topography. Generally, areas dedicated for Recreation shall not exceed Slopes of five (5) percent.
(6) Usability. The dedicated land shall be usable for Recreation; surface water bodies may not be included in computing dedicated land area. Where the Planning Commission, in consultation with the Martinsburg-Berkeley County Parks and Recreation Board, determines that recreational needs are being adequately met, either by other dedicated parcels of land or existing recreational facilities, then land that is not usable for recreation may be dedicated as open space.
(b) Prerequisites for Approval of Subdivision and/or Land Development Application. Where Dedication is required, such Dedication shall be shown upon each Plat submitted.
(c) Calculation of Mandatory Land Dedication. Land Dedication required by dwelling Units shall be 0.024 acres per dwelling Unit.
(d) Use of Dedicated Land. The dedicated land shall only be used only for the purpose of providing open space, park and Recreational areas.
(e) Dispute Settlement. In the event that the City and the Applicant cannot agree upon the location, terrain, size or shape of the land necessary to be dedicated for a neighborhood Recreation area or cannot agree upon the details of provisions for an equitable amount of land in another location, such disagreement shall be determined by the Planning Commission.
(f) Privately Owned Park and Recreational Areas. Private parks and Recreational facilities are encouraged; however, such facilities cannot be credited toward the requirement of Dedication for public park and Recreation purposes if such areas are restricted to residents of the Development only, as noted on the Final Plat and/or Plan.
(g) Greenways. Greenways may be credited against the requirements of this Section provided that such greenways are: (1) a part of the City’s Comprehensive Plan and/or Capital Improvements Plan; and/or Martinsburg-Berkeley County Parks and Recreation Master Plan; and (2) dedicated to public use. (Ord. 2022-13. Passed 11-10-22.)
1307.15 TRAIL STANDARDS.
(a) All pedestrian and bicycle trails shall be designed and constructed in accordance with the specifications shown in Standard Detail ST-1.
(b) Erosion and Sediment Control. Erosion and Sediment Control methods shall be implemented as required by Section 1307.10
Stormwater Management and Erosion & Sediment Control of this Ordinance. (Ord. 2022-13. Passed 11-10-22.)
1307.16 HOMEOWNERS ASSOCIATIONS.
(a) All cooperatives and common interest communities, as the same are defined by West Virginia Code §36B-1-103, et. seq., shall comply with the provisions thereof, including, but not limited to, provision for a homeowners’ association or “Unit owners’ association” to be duly established in a declaration for same, to be executed by the Developer/Declarant, and which shall be fully compliant with said West Virginia Code provision known as the “Uniform Common Interest Ownership Act.”1
1 West Virginia Code §36B Uniform Common Interest Ownership Act
(b) Said declaration shall be submitted with the Subdivision and/or Land Development Application as a requirement for its approval.
(c) Neither the City of Martinsburg nor its Planning Commission shall have any jurisdiction over private restrictive covenants that may apply to Units or Subdivision and/or Land Development Lots to the extent those agreements meet the requirements of this Ordinance and the Zoning Ordinance. Such covenants shall not conflict with, supersede, or dispel any ordinances or regulations enacted by the City of Martinsburg. Restrictive covenants constitute private agreements between owners of Units that are enforceable by the owners of the Units and/or their homeowners association as set forth in said restrictive covenants. Therefore, approval given by the City of Martinsburg for any activity or improvement to any Unit or Lot within any Subdivision and/or Land Development, whether by permit, Waiver or variance shall not constitute an indication that said activity or improvement is in compliance with any applicable restrictive covenants. Likewise, architectural review and approval by a “Declarant” or homeowners association of an activity or improvement to a Unit or Lot shall not be misconstrued by any Unit owner as a sanction of the City of Martinsburg.
(Ord. 2022-13. Passed 11-10-22.)
1307.17 PARKING AND LOADING STANDARDS.
(a) Purpose. In order to decrease congestion in the Streets, permanent off-street automobile parking spaces shall be provided for the following:
(1) All new Structures or uses of land;
(2) Existing Structures or uses of land that are increased in size by twenty percent (20%) or more after the adoption of this Ordinance; and
(3) A change of use of land after the adoption of this Ordinance.
(b) Structures and uses of land in existence or under construction on the date this Ordinance becomes effective shall not be subject to these parking requirements; provided that, any parking facilities existing at the time of adoption of this Ordinance shall not, in the future, be reduced, diminished, or modified to a lesser standard that is not fully compliant with these standards.
(c) Application Procedure. No Subdivision and/or Land Development Application shall be approved unless there is included with the application a Plat showing adequate space to comply with these standards and criteria indicating and designating off-street parking and/or loading compliant with these standards. The Plat shall clearly show the size and location of parking and loading spaces, the width and arrangement of Access Drives, and arrangement of walls, fences, and screen planting as they apply to parking areas and adjacent Streets Alleys and highways.
(d) Impervious Surface Reduction. The amount of Impervious Cover shall be minimized when possible. This can be done with the following parking arrangements:
(1) Shared Parking. Shared parking shall be used when possible. Adjacent businesses with different business hours may coordinate with one another and the City to share parking spaces.
(2) Compact Car Parking Spaces. Compact car parking spaces shall be provided for compact vehicles. A minimum of five percent (5%) and maximum of fifteen percent (15%) of the required parking spaces shall be for compact cars.
(3) Street Parking. Where Street parking is readily available, Street parking may account for up to ten percent (10%) of required off-street parking.
(e) Off-Street Parking and Design Requirements.
(1) No off-street public parking area shall be designed to permit direct parking space ingress and egress to a Street.
(2) All off-street parking areas must be physically separated from a Public or Private Street (as specified above) by a buffer area of at least five (5) feet from the Right-of-Way or Street Line. The parking area shall be accessible only by access lane(s).
(3) Design Standards. Every off-street parking area shall be developed and maintained in accordance with the following requirements:
A. ADA Accessibility. The design and construction of off-street parking facilities shall incorporate the requirements of the Americans with Disabilities Act (hereinafter referred to as ADA) Accessibility Guidelines, July 1991 and as amended.
B. Landscaping. Off-street parking areas shall be landscaped to meet the Landscaping requirements set forth in Section 1307.12
of this Ordinance. To the greatest extent possible, Low Impact Development (LID) Stormwater design techniques should be incorporated into the design.
C. Outdoor Lighting. Outdoor lighting shall meet the lighting standards specified in Section 1307.13
of this Ordinance.
D. Screening. The periphery of an off-street parking area that is within one hundred (100) feet of any Lot in a Residential District, any Lot occupied by a dwelling, school, church, or institution for human care not located on the same Lot as the parking area, or any Lot which is part of a duly recorded Subdivision and/or Land Development shall be adequately buffered from such Lot by either an opaque fence of a height between four (4) and six (6) feet constructed of either wood, stone, brick or similar material, or a Landscaping screen of six (6) foot trees and shrubs of species and spacing which will result in an acceptable screen when plants mature. Trees used for Screening may be credited towards the required Landscaping standards specified in Section 1307.12
of this Ordinance.
E. Parking Lot Placement. Parking Lots and Buildings shall be placed pursuant to the Building Form Regulations specified in Article 1305
of the City’s Zoning Ordinance.
F. Parking Lot Marking. All off-street parking areas shall be so arranged and marked as to provide for orderly safe loading, unloading, and parking of vehicles with individual parking spaces clearly defined, and directional arrows and traffic signs provided as necessary for traffic control.
(f) Interior Design Standards.
(1) Landscape Islands. Planted Landscaping islands or peninsulas shall be utilized to break up rows of parking spaces and shall be designed according to the following requirements:
A. Parking Lots having less than one hundred (100) spaces shall be designed as follows:
1. Islands at both ends of each row of parking.
2. One island or peninsula for every ten (10) contiguous spaces.
3. No more than two (2) contiguous parking bays (60' width) with a ten (10) foot wide island separating the two (2) bays from additional parking bays or drive aisles.
4. Landscaping islands or peninsulas shall have a minimum width of nine (9) feet and length of eighteen (18) feet including curbing
B. Parking Lots having one hundred (100) spaces or more shall be designed as follows:
1. Islands at both ends of each row of parking.
2. One island or peninsula for every fifteen (15) contiguous spaces.
(2) No more than three (3) contiguous parking bays (60' width) with ten (10) feet minimum wide planting strip separating the three (3) bays from additional parking bays or drive aisles.
(3) Pedestrian Walkways. Walkways shall provide a connection to Building entrances from sidewalks and areas of concentrated parking (Standard Detail SW-1).
(4) The use of permeable pavement is encouraged by the City of Martinsburg. Such methods shall be reviewed and approved by the City Engineer/Planning Director or designee.
(5) Access Ramps. All access ramps shall be designed in accordance with the 2010 ADA Standards for Accessible Design, as amended.
(g) In all districts except Downtown (DT) District of the Zoning Ordinance, space for parking and storage of vehicles shall be provided in accordance with Table 1307-4. The Planning Commission will consider the Applicant's Waiver request for the proposed alternative parking program requirements as a substitute to the requirements specified in Table 1307-4. The Applicant’s proposed parking program requirements must be reviewed by the City’s Engineer and a determination be made that the alternative parking program sufficiently meets the Land Development’s parking needs.
Table 1307-4, Minimum Off-Street Parking Space Requirements
ITE Code | Specific Land Use | Minimum Off-Street Parking Space Requirements |
PORT AND TERMINAL USES (ITE CODES 000 – 009) | ||
090 | Park-and-Ride Lot | Applicant shall submit a parking study to show the park-and-ride facility is adequately sized to meet parking needs. |
RESIDENTIAL USES (ITE CODES 200 - 299) | ||
210 | Single-Family Housing | 2.0 spaces per dwelling unit |
0 | Two-Family Housing | 2.0 spaces per dwelling unit |
220 – 222 | Multi-Family Housing (Low-Rise) | 1.2 spaces per dwelling unit |
223 | Affordable Housing | 0.8 spaces per dwelling unit |
252 | Senior Adult Housing – Attached | 0.9 spaces per dwelling unit |
253 | Congregate Care Facility | 0.5 spaces per dwelling unit |
254 | Assisted Living | 0.5 spaces per dwelling unit |
255 | Continuing Care Retirement Community | 1.3 spaces per dwelling unit |
LODGING USES (ITE CODES 300 – 399) | ||
310 | Hotel | 1.1 spaces per room |
311 | All Suites Hotel | 1.1 spaces per room |
312 | Business Hotel | 1.1 spaces per room |
320 | Motel | 1.1 spaces per room |
330 | Resort Hotel | 1.4 spaces per room |
RECREATIONAL USES (ITE CODES 400 – 499) | ||
411 | Public Park | 0.8 spaces per acre |
430 | Golf Course | 11.0 spaces per hole |
433 | Batting Cages | 1.5 per batting cage |
ITE Code | Specific Land Use | Minimum Off-Street Parking Space Requirements |
RECREATIONAL USES (ITE CODES 400 – 499) (Cont.) | ||
435 | Multipurpose Recreational Facility | 16 spaces per 1,000 sq. ft. GFA, 2.7 spacesper hole, and 12.8 spaces per acre |
437 | Bowling Alley | 4.9 spaces per lane |
438 | Billiard Hall | 6.9 spaces per 1,000 sq. ft. GFA and 3.0 spaces per billiard table |
440 | Adult Cabaret (Adult Uses) | 5.2 spaces per 1,000 sq. ft. GFA |
441 | Live Theater | 0.3 spaces per seat |
444 | Movie Theater | 0.2 spaces per seat |
445 | Multiplex Movie Theater | 0.3 spaces per seat |
465 | Ice Skating Rink | 1.5 spaces per 1,000 sq. ft. GFA |
466 | Snow Ski Area | 1.0 spaces per acre of ski trails |
473 | Casino/Video Lottery Establishment | 36 spaces per 1,000 sq. ft. GFA and 1.6 spaces per gaming position |
481 | Zoo | 12 spaces per acre |
482 | Water Slide Park | 45 vehicles per acre |
488 | Soccer Complex | 41 spaces per soccer field |
490 | Tennis Courts | 6.2 spaces per court |
491 | Racquet/Tennis Club | 1.3 spaces per 1,000 sq. ft.GFA and 4.3 spaces per court |
492 | Health/Fitness Club | 4.3 spaces per 1,000 sq. ft. GFA and 0.1 spaces per member |
493 | Athletic Club | 3.4 spaces per 1,000 sq. ft. GFA and 0.8 spaces per 10 members |
495 | Recreational Community Center | 2.7 spaces per 1,000 sq. ft. GFA |
ITE Code | Specific Land Use | Minimum Off-Street Parking Space Requirements |
INSTITUTIONAL USES (ITE CODE 500 – 599) | ||
520 | Elementary School | 0.1 spaces per student |
522 | Middle School/Junior High School | 0.1 spaces per student |
530 | High School | 0.4 spaces per student |
536 | Private School (K-12) | 0.4 spaces per student |
538 | School District Office | 2.4 spaces per 1,000 sq. ft. GFA and 7.0 spaces per 1,000 students |
540 | Junior/Community College | 0.2 spaces per student |
550 | University/College | 0.3 spaces per student |
560 | Church | 11 spaces per 1,000 sq. ft. GFA and 0.3 spaces per seat |
561 | Synagogue | 0.4 spaces per attendee |
562 | Mosque | 12 spaces per 1,000 sq. ft. GFA |
565 | Day Care Center | 3.3 spaces per 1,000 sq. ft. GFA and 0.2 vehicles per student |
580 | Museum | 3.3 spaces per 1,000 sq. ft. GFA |
590 | Library | 2.5 spaces per 1,000 sq. ft. GFA |
595 | Convention Center | 0.4 spaces per attendee |
MEDICAL USES (ITE CODES 600 – 699) | ||
610 | Hospital | 2.4 spaces per 1,000 sq. ft. GFA, 3.7 spaces per bed and 0.7 spaces per employee |
612 | (Outpatient) Surgery Center | 8.5 spaces per operating room |
620 | Nursing Home | 1.1 spaces per 1,000 sq. ft. GFA, 0.8 spaces per dwelling Unit and 0.5 spaces per bed |
ITE Code | Specific Land Use | Minimum Off-Street Parking Space Requirements |
MEDICAL USES (ITE CODES 600 – 699) (Cont.) | ||
630 | Clinic | 5.3 spaces per 1,000 sq. ft. GFA |
640 | Animal Hospital/Veterinary Clinic | 2.8 spaces per 1,000 sq. ft. GFA |
650 | Free-Standing Emergency Room | 4.9 spaces per 1,000 sq. ft. GFA |
OFFICE USES (ITE CODES 700 – 799) | ||
710 | General Office Building | 3.1 spaces per 1,000 sq. ft. GFA and 1.0 spaces per employee |
712 | Small Office Building | 3.9 spaces per 1,000 sq. ft. GFA |
714 | Corporate Headquarters Building | 3.3 spaces per 1,000 sq. ft. GFA and 1.2 spaces per employee |
715 | Single Tenant Office Building | 3.7 spaces per 1,000 sq. ft. GFA and 0.9 spaces per employee |
720 | Medical-Dental Office Building | 4.3 spaces per 1,000 sq. ft. GFA |
730 | Government Office Building | 4.9 spaces per 1,000 sq. ft. GFA for municipal Buildings and 3.7 spaces per 1,000 sq. ft. GFA for state or federal Buildings |
732 | United States Post Office | 33 spaces per 1,000 sq. ft. GFA, and sufficient stacking for any drive-through lane(s) |
735 | Judicial Complex | 4.1 spaces per 1,000 sq. ft. GFA and 0.8 spaces per employee |
750 | Office Park | 4.4 spaces per 1,000 sq. ft. GFA and 1.5 spaces per employee |
760 | Research and Development Center | 3.5 spaces per 1,000 sq. ft. GFA and 1.0 spaces per employee |
ITE Code | Specific Land Use | Minimum Off-Street Parking Space Requirements |
RETAIL USES (ITE CODES 800 – 899) | ||
812 | Building Materials and Lumber Store | 0.6 spaces per 1,000 sq. ft. GFA and 1.3 spaces per employee |
813 | Free-Standing Discount Superstore | 4.8 spaces per 1,000 sq. ft. GFA |
814 | Variety Store | 1.7 spaces per 1,000 sq. ft. GFA and 2.1 spaces per employee |
815 | Free-Standing Discount Store | 5.0 spaces per 1,000 sq. ft. GFA |
816 | Hardware/Paint Store | 6.7 spaces per 1,000 sq. ft. GFA |
820 | Shopping Center | 4.9 spaces per 1,000 sq, ft, GFA |
840 | New Car Sales | 2.3 spaces per 1,000 sq. ft. GFA, plus adequate space for vehicle display and storage |
841 | Used Car Sales | 3.1 spaces per 1,000 sq. ft. GFA, plus adequate space for vehicle display and storage |
842 | Recreational Vehicle Sales | 0.78 spaces per 1,000 sq. ft. GFA, plus adequate space for vehicle display and storage |
843 | Automobile Parts Sales | 5.3 spaces per 1,000 sq. ft. GFA |
845 | Motorcycle Dealership | 5.9 spaces per 1,000 sq. ft. GFA |
848 | Tire Store | 5.0 spaces per 1,000 sq. ft. GFA |
850 | Supermarket | 4.6 spaces per 1,000 sq. ft. GFA |
851 | Convenience Market | 4.6 spaces per 1,000 sq. ft. GFA |
ITE Code | Specific Land Use | Minimum Off-Street Parking Space Requirements |
RETAIL USES (ITE CODES 800 – 899) (Cont.) | ||
857 | Discount Club | 4.8 spaces per 1,000 sq. ft. GFA |
860 | Wholesale Market | 2.2 spaces per 1,000 sq. ft. GFA |
861 | Sporting Goods Superstore | 4.3 spaces per 1,000 sq. ft. GFA |
862 | Home Improvement Superstore | 4.9 spaces per 1,000 sq. ft. GFA |
863 | Electronics Superstore | 2.3 spaces per 1,000 sq. ft. GFA |
864 | Toy/Children’s Superstore | 1.9 spaces per 1,000 sq. ft. GFA |
866 | Pet Supply Superstore | 4.0 spaces per 1,000 sq. ft. GFA |
867 | Office Supply Superstore | 1.3 spaces per 1,000 sq. ft. GFA |
868 | Book Superstore | 1.1 spaces per 1,000 sq. ft. GFA |
869 | Discount Home Furnishings Superstore | 4.3 spaces per 1,000 sq. ft. GFA |
876 | Apparel Store | 8.2 spaces per 1,000 sq. ft. GFA |
880 | Pharmacy/Drugstore w/o Drive- Through Window | 5.0 spaces per 1,000 sq. ft. GFA |
881 | Pharmacy/Drugstore with Drive-Through Window | 4.2 spaces per 1,000 sq. ft. GFA |
882 | Marijuana Dispensary | 7.2 spaces per 1,000 sq. ft. GFA |
890 | Furniture Store | 1.9 spaces per 1,000 sq. ft. GFA |
892 | Carpet Store | 2.9 spaces per 1,000 sq. ft. GFA |
899 | Liquor Store | 5.1 spaces per 1,000 sq. ft. GFA |
ITE Code | Specific Land Use | Minimum Off-Street Parking Space Requirements |
SERVICE USES (ITE CODES 900 – 999) | ||
912 | Drive-in Bank | 7.2 space per 1,000 sq. ft. GFA, plus sufficient stacking area to accommodate drive-through lane(s) |
920 | Copy, Print, and Express Ship Store | 8.1 spaces per 1,000 sq. ft. GFA |
930 | Fast Casual Restaurant | 11 spaces per 1,000 sq. ft. GFA |
931 | Quality Restaurant | 17.5 spaces per 1,000 sq. ft. GFA and 0.5 spaces per seat |
932 | High-Turnover (Sit-Down) Restaurant | 11 spaces per 1,000 sq. ft. GFA and 0.5 spaces per seat |
933 | Fast-Food Restaurant w/o Drive-Through Window | 13 spaces per 1,000 sq. ft. GFA |
934 | Fast-Food Restaurant with Drive-Through Window | 11.9 spaces per 1,000 sq. ft. GFA and 0.5 space per seat, plus sufficient stacking area to accommodate drive-through lane |
936 | Coffee/Donut Shop w/o Drive-Through Window | 7.1 spaces per 1,000 sq. ft. GFA |
937 | Coffee/Donut Shop with Drive-Through Window | 8.8 spaces per 1,000 sq. ft GFA, plus sufficient stacking area to accommodate drive-through lane |
939 | Bread/Donut/Bagel Shop w/o Drive-Through Window | 8.9 spaces per 1,000 sq. ft. GFA |
940 | Bread/Donut/Bagel Shop with Drive-Through Window | 5.5 spaces per 1,000 sq. ft. GFA, plus sufficient staking area to accommodate drive-through lanes |
941 | Quick Lube Vehicle Shop | 5.1 spaces per 1,000 sq. ft. GFA and 1.2 spaces per employee |
ITE Code | Specific Land Use | Minimum Off-Street Parking Space Requirements |
SERVICE USES (ITE CODES 900 – 999) (Cont.) | ||
943 | Automobile Parts and Service Center | 1.4 spaces per 1,000 sq. ft. GFA, plus adequate space for vehicle storage |
960 | Dry Cleaners | 3.6 spaces per 1,000 sq. ft. GFA |
960 | Super Convenience Market/Gas Station | 13 spaces per 1,000 sq. ft. GFA |
970 | Winery | 43 spaces per 1,000 sq. ft. GFA |
(h) Drive-Thru Standards. Drive-Thru requirements shall be as follows:
(1) Drive-thru lanes shall be required for all drive-thru facilities and shall have a minimum width of ten (10) feet along straight segments.
(2) The minimum number of required queue spaces specific to business type is listed in Table 1307-5.
Table 1307-5, Queue Spaces for Drive-Thru Types
Type of Facility | Inbound Vehicles | Outbound Vehicles |
Drive-in | bank 2 spaces per service position | 1 space per service position |
Drive-in beverage, food sales/pharmacies | 4 spaces per service position | 1 space per service position |
Laundry/Cleaners | 3 spaces per service position | 1 space per service position |
Attendant car wash | 10 spaces per service to wash line | 6 spaces between end of wash stall and other circulation lane |
Automatic car wash | 3 spaces per service position | 1 space per service position |
Automatic car wash as an accessory use | 2 spaces per service position | 1 space per service position |
Service station | 4 spaces per aisle | 1 space per aisle |
(3) Canopy supports and raised concrete pads designed to support pneumatic tubes, automatic teller machines and other Structures shall not be located within the area required for minimum drive-in lane widths.
(4) All drive-thru lanes shall be clearly separated from parking spaces, travel aisles, maneuvering areas, and Access Drives.
(5) The Planning Department may reduce the minimum stacking distance of drive-thru lanes for uses if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking.
(i) Loading Standards. Adequate loading spaces and maneuvering areas shall be provided for all businesses that will send and receive materials.
(1) Loading dock(s) shall not be located on the front of a Building. Where located, the loading dock(s) shall be hidden from pedestrian and vehicular activity. This area shall be concealed by a wall with material to match the primary Structure or Landscaping.
(2) Dumpster Pad Specifications.
A. A dumpster pad shall be constructed of concrete (3,500 PSI minimum) and shall be sized pursuant to industry standards for the dumpster size utilized. Steel bollards set in sixteen inch by sixteen inch by sixteen inch (16" x 16" x 16") concrete footers shall be provided to guide dumpster placement. Bollard placement shall also be according to industry standards for the dumpster size utilized. Where front wheels sit during the dumping cycle, concrete must be able to withstand up to a 32,000 pound load that bounces. Note on the Plans this requirement.
B. To the extent possible, dumpster pads shall be hidden from view by Screening as prescribed in Section 1307.11
of this Ordinance.
C. Trash dumpsters shall be treated as the equivalent of a loading dock and shall have minimum Setbacks as set forth in the Zoning Ordinance.
D. Placement, container size, and other restrictions pertaining to trash collection and containment are subject to Article 951 of the Codified Ordinance and/or the International Property Maintenance Code. Zoning restrictions may also apply.
(4) Loading spaces shall be located in the rear of the property of the business to be served.
(5) Loading spaces shall not be placed in the front, rear, or side yard minimum Setbacks, as defined in the Zoning Ordinance.
A. Loading spaces shall provide ample maneuvering space for vehicles for loading spaces shall be as specified in Table 1307-6.
Table 1307-6, Minimum Dimensions for Loading Spaces
Height Clearance | Width | Depth |
14 feet | 10 feet | 50 feet |
(6) Maneuvering areas shall not be located so as to require vehicles to back into an Alley or Street when unloading materials.
(7) A loading space shall not be considered a parking space, and therefore shall not be considered a credit to the number of required parking spaces.
(8) Required Loading Docks. Loading docks shall be provided in additional to necessary loading spaces for large Buildings as shown in Table 1307-7.
Table 1307-7, Minimum Required Loading Docks
Gross Floor Area (in Square Feet) | Required Loading Docks |
Less than 100,000 | 0 |
100,001 – 200,000 | 1 |
200,001 – and over | 2 plus 1 for each additional 150,000 square feet |
(j) Accessibility Standards. ADA parking space requirements shall be provided and
designed in accordance with the ADA Accessibility Guidelines, July 1991 edition and later
supplements, and as amended. (Ord. 2022-13. Pssed 11-10-22.)
1307.18 MONUMENTS.
(a) As a requisite for completion of the work product, each land boundary survey of a tract or parcel of land shall be monumented with objects made of permanent material at all corners and changes of direction on the land boundary with the exceptions of meanders, such as meanders of streams, lakes, swamps and prescriptive Street Right-of-way; and each such Monument, other than a natural monument, shall, when feasible, be identified by a temporary witness stake (which may be wooden).
(b) Where it is not feasible to set actual corners, appropriate reference Monuments shall be set, preferably online, and the location shall be shown on the Plat of the land boundary.
(c) Permanent Monuments shall be placed in all Subdivision and/or Land Development in accordance with the following standards:
(1) Two permanent Monuments shall be placed in the ground within each Block of a Subdivision and/or Land Development as will enable any skilled Surveyor to lay out correctly any Lot in the Subdivision and/or Land Development.
A. Permanent Monuments shall be composed of concrete not less than four (4) inches square or four (4) inches in diameter and at least thirty (30) inches long.
B. The top of permanent Monuments shall be set flush with the finished grade at their respective locations.
C. All required Monuments shall be clearly visible.
D. Such Monuments shall be inspected and approved by the City Engineer/Planning Director or designee before any Improvements are accepted by the City of Martinsburg.
(2) Preliminary and Final Plats shall show the location of required permanent Monuments.
(3) Lot corner pins shall be placed at all Lot corners in Subdivision and at all corners of a Land Development.
A. Lot corner pins shall be iron or steel pipe or bar not less than one-half inch nor more than one inch in diameter and at least twenty-four (24) inches long.
B. The top of all corner pins shall be set flush to one inch below the finished grade at their respective locations.
(4) All points of angles and curves in Street Rights-Of-Way Lines shall be identified as required for Lot corners.
(Ord. 2022-13. Passed 11-10-22.)
1307.19 GEOTECHNICAL OBSERVATION AND MATERIALS TESTING REQUIREMENTS.
(a) Inspection.
(1) All roadway embankment construction must be performed under the inspection of a qualified geotechnical engineer or engineering geologist.
(2) The geotechnical engineer shall furnish a written opinion to the City Engineer/Planning Director or designee as to whether or not work has been performed in accordance with the approved Plans and recommendations.
(b) Minimum Standards Required for Site Density Testing.
(1) The minimum frequency of field density testing shall be as listed in Table 1307-8, unless otherwise approved by the City Engineer/Planning Director or designee.
(2) The testing frequencies are the minimums considered to provide effective quality control of soil and aggregate material compaction effort under normal conditions. Additional testing other than that specified should be performed if deemed necessary by a qualified Inspection and Testing Agency, the Geotechnical Engineer of Record, or the City Engineer/Planning Director or designee.
(3) All testing shall be in conformance with approved ASTM test methods.
Table 1307-8, Minimum Standards Required for Site Density Testing
Test Locations | Testing Frequency |
Embankments Fill sections for Streets, travel ways, and pipestem Driveways. | One density test shall be performed per 5,000 ft2 per 8-inch compacted lift. Under curb and gutter, one density test shall be performed per 300 ft. on alternating sides. |
Test Locations | Testing Frequency |
Subgrade Cut in existing Fill for Streets, travel ways, and pipestem Driveways. | Proof rolling, and evaluation and approval by the geotechnical engineer of record (undercut and stabilization may be necessary as determined by the geotechnical engineer of record). |
Subgrade Cut in natural soils. | Proof rolling, and evaluation and approval by the geotechnical engineer of record. |
Subbase Material For Streets, travel ways, and pipestem Driveways. | One density test shall be performed per 5,000 ft2 per 8-inch compacted lift. When the subbase aggregate is placed in layers or lifts, each lift shall be tested. Under curb and gutter, when placed before the subbase material in the Street, perform one density test per 300 ft. on alternating sides. |
Base Material | One density test shall be performed per 5,000 ft2 at the finished base grade. When the base aggregate is placed in layers or lifts, each 8-inch compacted lift shall be tested at the required frequency. |
Storm Drainage System – Backfill * | One density test shall be performed per 300 ft. and at vertical intervals not to exceed 12 inches when within current, or future, City of Martinsburg Right-of-Way. |
Sanitary Sewer, Water and Gas Mains – Backfill * (Note: Field density test reports must be provided to the City of Martinsburg Site Inspector before field approval is given for issuance of tap permits.) | One test shall be performed per 300 ft. or between utility holes if less than 300 ft. apart and at vertical intervals not to exceed 12 inches when within current, or future, City of Martinsburg Right-of-Way. |
Sanitary Sewer, Water and Gas Laterals – Backfill for Stub Constructed in Conjunction with Utility Main * | One test shall be performed per 5 laterals and at vertical intervals not to exceed 12 inches where within current, or future, City of Martinsburg Right-of-Way. |
Test Locations | Testing Frequency |
Sidewalks and Driveway Aprons | Sidewalk subgrade: One test shall be performed per 500 ft. on alternating sides at the subgrade elevation. A minimum of two tests per Street is required. Driveway apron: One test per apron shall be performed. |
Asphalt Concrete Pavement (Note: The thin lift nuclear density test can be used for any surface course placed directly over an aggregate pavement or on a lift of 135 lbs/yd2 (or greater) that is placed on an asphalt pavement course.) | Saw Cuts or Cores Two Cuts or cores represent one test. A minimum of two tests per Street are required regardless of the Street length. One test shall be performed per 500 ft. of roadway or 1,000 ft. of any pass made by a paving train. OR Conventional Nuclear Density Gauge One test shall be performed per 500 ft. of roadway. Five tests shall be performed in each test section. A minimum of two test sections per Street is required regardless of the length of the Street. Thin Lift Nuclear Density Gauge Test areas are defined as Lots and sublots. A Lot consists of 5,000 ft. of a pass made by a paving train. Each Lot is divided into five sublots of equal size. Two tests will be performed on each sublot. Each separate Street shall consist of at least one Lot. Streets less than 500 ft. in length shall be tested a minimum of twice. |
*Testing required beneath Structures only, including but not limited to sidewalks, Driveways,
Streets, and stoops.
(Ord. 2022-13. Passed 11-10-22.)
1307.20 FLOODPLAIN STANDARDS.
(a) General. The City of Martinsburg has adopted the separate City of Martinsburg
Floodplain Ordinance the provisions of which are incorporated by reference into this Ordinance. To the extent the Floodplain Ordinance, as it may be amended (or any subsequent ordinance of similar subject matter) identifies areas prone to or otherwise at risk of Flood, including without limitation by reference to a Flood Insurance Rate Map or FEMA Flood Insurance Study, such areas shall be deemed identified as Flood-Prone Areas for purposes of this Ordinance.
(b) Subdivision and/or Land Development Applications and Approvals. Any Subdivision and/or Land Development Application with respect to land within a Flood-Prone Area shall, in addition to the contents specified in this Ordinance, also include all items and information reflected in the Floodplain Ordinance to be submitted with respect to an application for approval of a Subdivision and/or Land Development or Plans and Plats associated therewith. No Subdivision and/or Land Development Application shall be approved with respect to land within a Flood-Prone Area unless the Application reflects compliance with all requirements and standards of the Floodplain Ordinance.
(c) Development. All Subdivision or Development of land within a Flood-Prone Area,
including without limitation the construction or alteration of any Building or Structure, shall comply with the applicable requirements and standards of the Floodplain Ordinance, including without limitation its design and construction standards and Flood-proofing requirements.
(Ord. 2022-13. Passed 11-10-22.)
1307.21 KARST GEOLOGY STANDARDS.
Martinsburg lies over carbonate (Limestone and Dolomite) bedrock that contains solution
channels. These solution channels are the primary way precipitation gets into the water table. Water percolating into and through the carbonate rock dissolves rock materials and enlarges minute fractures in the rock. This has produced a “Karst” geology formation containing caves, Sinkholes, springs, disappearing or “losing” streams, and underground streams.
(a) Statement of Purpose. The purpose of these standards is to reduce the frequency of structural damage in private Improvements by Sinkhole collapse or subsidence and to protect, preserve and enhance sensitive and valuable potable ground water resource areas of Karst geology, thus protecting the public health, safety and welfare and ensuring orderly Development within the City.
(b) No Person shall place or cause to be placed any substance or object (including, without limitation, trash, garbage, or refuse material), other than approved by the City Engineer/Planning Director or designee, in any Sinkhole. If an accidental spill of a toxic, petroleum, or hazardous material occurs, the responsible Person shall immediately dial 911 and ensure that the appropriate City, county, and state authorities having jurisdiction are notified.
(c) No Building permit, Zoning Permit, or Land Development Permit shall be issued, and no Subdivision and/or Land Development Application shall be approved, with respect to any property having a Sinkhole that has been used as a site for dumping trash, garbage, or refuse, or which has been otherwise improperly filled, until the Sinkhole has been lawfully remediated, cleaned out, and approved as such by the City Engineer/Planning Director or designee.
(d) No filing, grading, Excavation or Building construction will be permitted in a Sinkhole unless an Erosion Control Site Plan is first approved by the City Engineer/Planning Director or designee. If after review of the Erosion Control Site Plan, the City Engineer/Planning Director or designee determines that more detailed information is needed, a Sinkhole evaluation may be required. A Sinkhole evaluation which addresses geologic, engineering, and environmental factors for the proposed Development is to be performed by a professional with experience and expertise in Karst geology (which may include a consulting engineer and/or a consulting hydrogeologist to make recommendations based upon field studies and evaluations of the specific Sinkhole system, if required by the City Engineer/Planning Director or designee).
(1) The evaluation shall determine the proposed Development’s effect on ground water and the effect, relative to the Sinkhole and Karst geology, on surrounding property.
(2) After review of this evaluation and with the consultation of the West Virginia DEP, the City Engineer/Planning Director or designee will either approve or disapprove the Erosion Control Site Plan as submitted.
(3) If disapproved, the City Engineer/Planning Director or designee will indicate in writing the reasons for disapproval and what, if anything, would be required in order to obtain approval of the Erosion Control Site Plan.
(4) Nothing in this subsection (d) eliminates or modifies the requirements elsewhere in this Ordinance for a Stormwater Management Plan and/or Erosion and Sediment Control Plan, and such Plans shall be required as so specified elsewhere in this Ordinance.
(e) All Buildings, Structures, Impervious Surfaces and utilities shall be situated, designed and constructed so as to minimize the risk of new Sinkhole formation.
(f) Stormwater Drainage into Sinkholes. Sinkholes shall be protected from damaging modifications and adverse changes in Stormwater Runoff quantity and quality associated with Land Developments. In addition to the other requirements of this Ordinance, the following requirements shall be met for any Land Development from which Drainage flows into a Sinkhole:
(1) Sediment Control. The existing Sinkhole storage areas shall be protected during construction and shall not be filled, or sediment allowed to deposit therein;
(2) Alteration of Drainage Patterns. Site Drainage patterns shall not be altered to substantially decrease or increase the existing area tributary to a Sinkhole;
(3) Detention/Sedimentation. If a Detention/Sedimentation basin is required for Development of the site, it shall be designed to capture the critical storm event and hold it for a minimum of twenty-four (24) hours. This basin shall be maintained throughout the construction process;
(4) Vegetated Buffer Strip. A buffer strip of at least twenty-five (25) feet in width, preferably vegetated with native plant species, shall be maintained or restored around the periphery of a Sinkhole;
(5) Loessal Soils. Care should be taken to avoid open flow discharges of Stormwater over silt (loessal) soils due to high potential for erosion; and
(6) Sinkholes in Karsts Areas. Sinkholes in Karst areas should be considered as receiving Waterways and all pre-detention and erosion requirements shall apply. Whenever a new Sinkhole appears it shall be reported to the Eastern Panhandle Conservation District for the county in which the Sinkhole is located and the City Engineer/Planning Director or designee. The City Engineer/Planning Director or designee, and agents or officers and employees of the City designated by them, or any of them, shall have authority to enter upon privately owned land for the purpose of performing the assigned duties and responsibilities of the City Engineer/Planning Director or designee under this Chapter and may take or cause to be made such examinations, surveys or sampling as they deem necessary in cooperation with the Division of Environmental Protection.
(g) The City may require a bond with surety and conditions to secure compliance with this Section prior to issuing a Building permit, Zoning Permit, or Land Development Permit, or approving a Subdivision and/or Land Development Application, for property involving a Sinkhole. The particular amount and the conditions of the bond will be consistent with the purposes of this Section. In the event of a breach of any condition of such bond, the City may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. In lieu of a performance bond, the City may accept a letter of credit or cash escrow with conditions sufficient to secure compliance with the conditions set forth in this Ordinance.
(h) All enforcement powers generally provided for in this Ordinance are applicable to violations of this Section.
(i) If, thirty (30) days after the mailing of a stop, cease, and desist order to a violator, offending substances and/or objects have not been removed from a Sinkhole, and/or the entry of pollutants into surface water through the Sinkhole has not been eliminated, the City (by and through the City Engineer/Planning Director or designee) may utilize City employees, or engage a contractor or contractors, to remove the offending substances and/or objects, and/or take other corrective and protective action the City Engineer/Planning Director or designee deems necessary to minimize, and if possible eliminate, the entry of pollutants into subsurface water through the Sinkhole. Notwithstanding the foregoing, in the event of an emergency where the contamination of ground water endangers the health and safety of the public, the City need give only such prior notice as the City Engineer/Planning Director or designee determines the circumstances allow (including no prior notice whatsoever), and the City may thereafter act to remedy the emergency immediately. The costs of remediation and any costs, including reasonable attorney fees and expenses incurred in the collection thereof, shall be recoverable by the City from the violator(s) and shall constitute a lien against the real estate upon which the violation occurred.
(j) When removal of vegetative cover, Excavation, or Fill has taken place in violation of this Section, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable.
(Ord. 2022-13. Passed 11-10-22.)
1307.22 BUS SHELTERS.
Public transportation bus shelters are encouraged in Developments where thirty (30) or more residential Units are proposed and in commercial and institutional Developments. Bus shelter design and locations must be coordinated with and approved by the Eastern Panhandle Transit Authority (EPTA). A written letter of approval for the design and location of all proposed shelters must be obtained from EPTA and submitted with the Subdivision/Land Development application.
(Ord. 2022-13. Passed 11-10-22.)
1307.23 BICYCLE PARKING.
(a) Bicycle Parking Ratio:
(1) For total vehicle parking of up to one hundred (100) spaces, the required bicycle parking shall be ten percent (10%). From one hundred (100) to two hundred (200) required vehicle parking spaces, bicycle parking ratio shall be five percent (5%). Beyond two hundred (200) required vehicle parking spaces, two and one-half percent (2.5%) bicycle parking shall be required. In no instance shall there be less than four (4) bicycle parking spaces provided.
(b) For plazas with multiple Buildings or a length greater than five-hundred (500) feet long, two bicycle racks are required.
(1) Where a bicycle rack allows bicycles to be locked on both sides of the rack without conflict, each side may be counted as one required space.
(2) Bicycle racks should be of architectural character to compliment that of the Buildings and other site features such as lighting and pedestrian amenities.
(3) Residential bicycle parking should be located indoors or sheltered if feasible to prevent damage to bicycles parked for long periods of time.
(4) Bicycle racks shall be located in well-lighted area. Care shall be taken to ensure that bikes and bike racks do not obstruct pedestrian movement. Racks shall be finished in the enamel or powder coat finish.
(Ord. 2022-13. Passed 11-10-22.)
1307.24 MANUFACTURED HOME PARK STANDARDS.
(a) Design Standards.
(1) Size of the Manufactured Home Park. A tract proposed for Development as a Manufactured Home Park shall have a minimum area of five (5) acres and a minimum width of three hundred (300) feet. In a case where a Manufactured Home Park does not have direct access to a public highway, an access Road with a minimum Right-of-Way of forty (40) feet shall be provided.
(2) Design of Manufactured Home Park Spaces.
A. In a Manufactured Home Park, a separate Manufactured Home Space shall be provided for each Manufactured Home and shall include a patio area and connections for public or community water supply and sewerage disposal and electrical service.
B. Manufactured Home spaces in different sections of the Manufactured Home Park may vary in size, but no space shall be less than 4,500 square feet in area and there shall not be more than eight (8) Manufactured Home Spaces per net acre.
C. In no case may Manufactured Homes be located closer than twenty (20) feet apart.
D. Each Manufactured Home space shall be permanently marked by a number.
E. All Manufactured Homes shall be located at least seventy-five (75) feet from any Street Right-of-Way which abuts a Manufactured Home Park boundary and at least fifty (50) feet from any other boundary line.
F. Each Manufactured Home space shall have a concrete stand or pad at least fifty (50) feet long and twenty-four (24) feet wide.
G. There shall be a minimum distance of twenty-five (25) feet between an individual Manufactured Home and the pavement of an adjoining park Street, or common parking area or other common areas within the Manufactured Home Park.
H. The Subdivision and/or Land Development Application and Approval Requirements specified in Article 1305
of this Ordinance shall apply to all proposed Manufactured Home Parks.
(b) Parking and Street Standards.
(1) Access to Manufactured Home Parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent Public Streets. Each Manufactured Home Park exceeding 1,000 vehicles per day shall be provided with at least two (2) points of access to a Public Street or Streets.
(2) All Manufactured Home Parks shall be provided with safe and convenient paved access Streets serving every Manufactured Home space. Alignment and gradient shall be properly adapted to topography in accordance with design standards specified in this Ordinance.
(3) All two-way Streets within the Manufactured Home Park shall have a minimum Right-of-Way of forty (40) feet and a minimum paved Cartway of thirty-two (32) feet if parallel parking on one side of the Street is planned. The paved Cartway shall be a minimum of twenty-two (22) feet if no parallel parking is planned. One-way Streets shall have a minimum Right-of-Way of thirty (30) feet and a minimum paved Cartway of twenty-one (21) feet if parallel parking is planned on one side of the Street. The paved Cartway shall be a minimum of eleven (11) feet if no parallel parking is planned.
(4) All Streets shall be paved in accordance with the design specifications of this Ordinance as well as other transportation standards of this Ordinance.
(5) One (1) parking space shall be provided as part of each Manufactured Home Space.
(6) One (1) additional parking space shall be provided for each four (4) Manufactured Home Ssaces to provide for two-car families.
(7) Common parking areas shall be provided for every Manufactured Home Park at the community center, administration Building, laundry, and at any other accessory Structure designed to serve the Manufactured Home Park at a rate of one (1) off-street parking place for every three-hundred (300) square feet of floor area. Recreation facilities including all outdoor sports, such as swimming pools, tennis courts, and shuffleboard courts shall provide off-street parking spaces at the rate of one (1) per eighty (80) square feet of floor space and/or as determined by extent of outdoor use.
(8) All parking areas shall meet the design requirements set forth in this Ordinance.
(9) No space within a Manufactured Home Park shall have direct vehicular access to a public Road abutting the Manufactured Home Park.
(c) Other Site Improvements.
(1) Individual tenants at the Manufactured Home Park may construct attached enclosures to individual Manufactured Homes, provided that they meet the requirements of this Ordinance. Attachments not meeting the requirements of this Ordinance may be constructed only if authorized by Waiver granted by the Planning Commission. In all cases, these attachments must meet all City Building code requirements.
(2) All parks shall be provided with safe, convenient, all-season pedestrian walks of adequate width for intended use, durable and convenient to maintain, between individual Manufactured Home Spaces, the park’s Streets, and all community service, administration, and Recreation facilities provided for park residents.
(3) Skirting shall be of a vinyl or metal material, safely secured as approved by the City of Martinsburg’s Code Enforcement Officer, hereinafter referred to as the Code Enforcement Officer.
(4) All other requirement of this Ordinance, the Zoning Ordinance, and the City of Martinsburg Codified Ordinances shall apply.
(d) Recreation and Open Space.
(1) All Manufactured Home Parks shall provide, and so indicate on the Plat of the Manufactured Home Park, suitable areas for Recreation and Open Space uses of at least twenty percent (20%) of the total area of the Manufactured Home Park, of which one-half (0.5) of the area shall be in one place. The remainder may be used to provide pedestrian connecting links to the Recreation areas.
(2) The Recreation and Open Space shall be located as centrally as possible within the Manufactured Home Park to be easily accessible to the residents of the Manufactured Home Park.
(3) The Recreation and Open Space must be maintained by the Manufactured Home association, which may be the operator.
(e) Responsibilities of the Park Management.
(1) The Person to whom a permit for a Manufactured Home Park is issued shall operate the park in compliance with this Ordinance and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
(2) The Manufactured Home Park management shall supervise the placement of each Manufactured Home on its Manufactured Home stand that includes securing its stability and installing all utility connections.
(3) The Manufactured Home Park management shall give the City Engineer/Planning Director or designee and Code Enforcement Officer, or designees free access to all Manufactured Home Spaces, service Buildings, and other community service facilities for the purpose of inspection.
(4) The Manufactured Home Park management shall maintain a register containing the names and addresses of all park occupants. Such register shall be available to any authorized City official inspecting the park.
(5) The Manufactured Home Park management shall notify the local office of the West Virginia DEP and Department of Health and Human Resources immediately of any suspected communicable or contagious disease within the park. (Ord. 2022-13. Passed 11-10-22.)