Ocean View City Zoning Code
ARTICLE XII
Subdivision and Land Development
§ 140-76 Applicability.
The provisions of this article govern the preparation of site plans, development plans, and subdivision plats regardless of whether or not they result in the subdivision of land.
§ 140-77 General requirements.
A.
Conformance to applicable rules and regulations. In addition to the requirements established in this chapter, all subdivision and land development plans shall comply with the following laws, rules, regulations, and provisions:
(1)
The provisions of this chapter;
(2)
The Comprehensive Plan, including all improvements shown on the Plan as adopted;
(3)
Any requirements or rules of appropriate state agencies; and
(4)
All other applicable laws, rules, regulations, standards and regulations adopted by the Town, county, state, or federal governments.
B.
No approvals shall be granted for extensions of subdivision or development plans until the developer has met all requirements of this chapter on all portions of the subdivision land development previously approved.
C.
Building permits may be withheld if a subdivision or development plan does not conform to the above guides or purposes of these regulations.
D.
Unsuitable land. Land that the Town finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features that will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or development and/or its surrounding areas shall not be subdivided or developed unless acceptable methods are determined by the developer and approved by the Town to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger.
E.
Connectivity. Development plan layout design shall include and/or provide for connections to adjacent subdivisions, developments, or communities to the greatest extent possible with respect to streets and roads; bike and jogging paths; park, open space, and recreation; and utility connections.
F.
Preservation of existing features. Existing features, that would add value to residential development or to the Town as a whole, such as trees, waterways, historic spots, and similar irreplaceable assets, shall be preserved in the design of the subdivision or development plan.
G.
Reference monuments. The applicant shall place permanent reference monuments of stone or concrete, at least 30 inches in length, and four inches square with suitable center point, flush with the finished grade at such locations as may be required by the Town. Monuments of noncorrosive metal pipe, 3/4 inch in diameter and at least 24 inches in length, shall be set in place flush with the finished grade at all intersections of streets; at all intersections of streets and alleys with subdivision boundary lines; at all points on streets, alleys, and boundary lines where there is a change in direction or curvature; and all lot corners.
§ 140-78 Lot layout standards.
A.
The lot arrangement, design, and orientation shall be such that all lots will provide satisfactory building sites, properly related to topography and character of surrounding development.
B.
The dimensions and areas of all lots shall comply with the requirements of the zoning district in which they are located.
C.
Excessive lot depth in relation to lot width shall be avoided.
D.
Corner lots shall desirably have extra width to permit appropriate building setback from both streets in accordance with the Town Code.
E.
Every lot shall abut upon and have access to a street.
F.
Double frontage and reverse frontage lots shall be avoided, except where their use is essential to overcoming special topographic problems or to separating residential development from heavy street traffic.
G.
Residential lots fronting or abutting on major thoroughfares shall desirably have extra lot depths and deeper building setbacks.
H.
Insofar as possible, side lot lines shall be substantially at right angles or radial to the street line, except where a variation to this requirement will provide an improved street and lot layout.
J.
Drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed as to avoid concentration of stormwater drainage from adjacent lots on to any one lot.
§ 140-79 Easements.
A.
Utility.
(1)
Permanent easements with a minimum width of 20 feet and temporary construction easements with a minimum width of 30 feet shall be provided for common utilities.
(2)
When multiple utilities are placed together in a common easement, the width of the easement shall be the center-to-center-line distance of the outermost utilities plus 20 feet, and the utilities shall be centered in the easement.
B.
Drainage. All on-site and off-site drainage easements required either by the approved drainage design for development or alteration of natural watercourses will be sized and recorded according to the following:
(1)
All off-site easement agreements shall identify the party responsible for maintenance within the easement agreement/declaration and be recorded. The developer shall be responsible for acquisition of all necessary off-site easements to convey drainage to an acceptable point of discharge. Copies of the easement agreement/declaration shall be provided to the Town, and the easements shall be depicted and/or referenced by note (including deed record number) on the record plan;
(2)
Natural watercourses that flow through or along the boundaries of developments shall be located in public open space and have dedicated easements of a width not less than the area estimated to be inundated by a one-hundred-year frequency storm. However, in no case shall the width of a right-of-way be less than the width of the course bed and slopes plus a ten-foot strip on each side, or 50 feet, whichever is larger. If only one strip can be provided, a minimum of 20 feet will be required. Access to these areas must be provided as set forth herein;
(3)
The developer shall provide a permanent recorded access easement for all man-made facilities and swales. This easement shall be at least 20 feet in width, with no slope greater than eight feet horizontal to one foot vertical for vehicular access;
(4)
The alignment of the easement will generally be governed by the hydraulic characteristics of the stream flow, location of, and relationship to the adjacent properties. The alignment shall follow the natural drainage channel where possible;
(5)
All off-site easements deemed necessary by the Town to comply with this chapter or other applicable standards of the Ocean View Code must be obtained before recordation of any record plats to which the easement pertains; and
(6)
A permanent easement, measuring 10 feet from each lot line, shall be provided as shown in
Figure 5. Permanent Drainage Easement  |
C.
Dedication. Where stormwater or surface water will be gathered within the subdivision or land development and discharged or drained in volume over lands within or beyond the boundaries of the subdivision or land development, the applicant, the developer, or the builder shall reserve or obtain easements over all lands affected. The easements shall be adequate for such discharge of drainage and for carrying off of such water and for the maintenance, repair and reconstruction of the same. The applicant, developer or builder shall convey, at no cost, the easements to the homeowners' association.
§ 140-80 As-built plans.
[Amended 11-18-2014 by Ord. No. 315]
Upon completion of all required improvements, the subdivider shall provide the Ocean View Administrative Official with all construction and improvement plans indicating their actual as-built locations and other field notations as follows:
§ 140-81 Inspections and fees.
A.
Inspection. All construction work on improvements required herein shall be subject to inspection and approval. Upon the completion of each improvement, the applicant shall furnish the Administrative Official or designee with accurate and detailed description of location and completion date of the improvement as it was actually constructed. No underground installation shall be covered until inspected and approved.
B.
Inspection consultant. The Town Engineer shall oversee and review all construction improvements.
C.
Inspection fee. The Town Engineer's inspection fee shall be paid by the applicant.
§ 140-82 Transfer requirements; bond.
No tract, parcel, or lot which is any part of any subdivision or land development plan shall be transferred by the subdivider/applicant/developer nor shall possession of any tract, parcel or lot be granted by the subdivider/applicant/developer to any third party until all work required by the construction and improvement program shall have been completed pursuant to the provision of the Code, excepting that failure by the subdivider/applicant/developer to complete blacktopping streets, installing sidewalks, monuments and streetlights, if applicable, and furnishing as-built plans shall not bar transfer of title or possession if a bond with surety assuring completion of that work required to complete the project is posted by the subdivider/applicant/developer and is accepted by the Administrative Official and the Town Solicitor.