Parkersburg City Zoning Code
CHAPTER THREE
Subdivision Regulations
APPENDIX A Plat Showing Location of Utilities in a Fifteen Foot Easement
 |
DEPTH SHOWN AT MINIMUM
CITY OF PARKERSBURG, W.Va
ROBERT P. WHEELER, CITY ENGINEER
LLOYD DAUGHERTY, SUPT. STREETS
SCALE: 1" = 2'
January 27, 1967
(Ord. A-1090. Passed 4-4-67.)
APPENDIX B Plat Showing Utility at Street Right of Way
 |
DEPTH SHOWN AT MINIMUM
(Ord. A-1090. Passed 4-4-67.)
1307.01 TERRITORIAL LIMITS OF REGULATIONS,
The Subdivision Regulations contained herein shall apply within the corporate limits of the City of Parkersburg, West Virginia. (Ord. A-1090. Passed 4-4-67.)
1307.02 DEFINITIONS
As used in these Subdivision Regulations:
(a) "Subdivision" means a division of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of transfer of ownership or building development, which involves the dedication of a new street or change in existing street. In addition, "subdivision" means any division of a tract or parcel of land into five or more lots, building sites, or other divisions for the purpose, whether immediate or future, of transfer of ownership or building development, regardless of whether such division involves the dedication of a new street or change in existing street. The following shall not be included within the definition of subdivision, but are still subject to review and approval as hereinafter stated in 1307.07(b) of the Codified Ordinances of the City of Parkersburg.
1. The division of a tract or parcel of land into less than five lots, regardless of purpose, which does not involve the dedication of a new street or change in an existing street.
2. The division of land into parcels greater than five acres where no street right-of-way dedication is involved.
3. Public acquisition by purchase of strips of land for the widening or opening of streets.
In recognition of the topographic characteristics of the area, to provide for housing in a pleasant hillside environment with minimum disturbance to the natural terrain, to promote sound hillside development consistent with a desire to preserve the aesthetic and natural attributes of the hillside, and with a recognition of the development cost for subdivisions on hillsides; subdivisions are further defined in two classifications as follows:
(1) "Flatland subdivision" means a subdivision where the average cross slope is less than fifteen percent. This slope requirement shall be determined by measurement of the average slope perpendicular to the proposed street line between the proposed rear lot lines and the center of the street serving the lots.
(2) "Hillside subdivision" means a subdivision where the average cross slope is fifteen percent or greater, the slope being defined as in paragraph (1) hereof. Certain proposed subdivisions with areas of generally less than fifteen percent average slope may have special hillside problems and those may be classified, in part, as hillside subdivision land to benefit from the application of hillside subdivision standards. The Planning Commission shall determine the applicability of this definition to specific conditions.
(Ord. A-1090. Passed 4-4-67; Ord. A-3771. Passed 6-27-78.)
(b) "Thoroughfare Plan" means the part of the Comprehensive Plan, now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification and classification of existing and proposed streets, highways and other thoroughfares.
(c) "Zoning Ordinance" means the part of the Comprehensive Plan, now or hereafter adopted, including an ordinance and Zone Map which divides the jurisdiction of the Department into zones, with regulations, requirements and procedures for the establishment of land use controls.
(d) "Department" means the Development Department of the City.
(e) "City Engineer" means the Engineer of the City.
(f) "Health Department" means the West Virginia State Department of Health, Division of Sanitary Engineering.
(g) "Sanitary Board" means the Sanitary Board of the City.
(h) "Arterial, collector and secondary highways" mean the highway facilities designated as such in the Thoroughfare Plan of the Department.
(i) "Local street" means a street intended to serve and to provide access to neighborhoods or subneighborhoods.
(j) "Minor street" means any street not an arterial, collector, secondary or local street, and intended to serve and provide access exclusively to the properties abutting thereon.
(k) "Alley" or "service drive" means a passage or way affording generally a secondary means of vehicular access to abutting properties.
(l) "Professional engineer" means registered as a civil engineer in the State of West Virginia or a person approved by the Development Department.
(m) "Subdivision Regulations" as used herein means Ordinance A-1090, passed April 4, 1967; as amended, which is codified as Chapter Three of this Part Thirteen - Planning and Zoning Code.
(n) "Planning Commission staff" means the Director of the Division of Planning of the Department of Development of the City of Parkersburg and such members of said Director's staff as he shall designate.
(Ord. A-1090. Passed 4-4-67; Ord. A-3159. Passed 3-23-76; Ord. A-3771. Passed 6-27-78; Ord. A-3773. Passed 6-27-78.)
(o) "Planning Commission" means the City Planning Commission of Parkersburg, West Virginia. (Ord. 0-129. Passed 9-8-81.)
1307.03 PROCEDURE.
No person, firm or corporation, proposing to make or which has made a subdivision within the territorial limits of these Subdivision Regulations shall make any contract for the sale of or shall offer to sell such subdivision or any part thereof, or shall proceed with any construction work on the proposed subdivision, including grading before obtaining from the Planning Commission the approval of the preliminary plat of the proposed subdivision.
No person, firm or corporation shall contract to sell or offer to sell such subdivision or any part or parcel thereof by metes and bounds description with the idea of circumventing these Regulations nor shall the Development Department issue any permit or permits for any improvement for such subdivision or part or parcel thereof.
In planning and developing a subdivision, the general principles and requirements set forth in Article 1309 shall be observed, and the following procedure shall be followed:
(a) It is recommended that the subdivider first meet with the Commission staff prior to the submission of the preliminary plat. The purpose of this meeting is to discuss informally the purpose and effect of these regulations and the criteria and standards contained therein; to familiarize the subdivider with the Comprehensive Plan, the official Thoroughfare Plan, the Community Facilities Plan, the Zoning Ordinance and the drainage, sewerage and water systems for the City.
(b) In order for the Commission staff to understand the intent of the subdivider, the subdivider should prepare and submit a preapplication sketch plan to the Commission staff. The sketch plan should show the general location of the following:
(1) Boundaries of the tract to be subdivided;
(2) Physical characteristics of the site, such as swamps, woods, drainage patterns, etc.;
(3) Existing buildings;
(4) Existing utilities adjacent to and which may potentially serve the site;
(5) Proposed layout of streets, lots, open spaces, nonresidential areas and other important facilities as the Commission staff may require; and
(6) Statements to be submitted:
A. Property owner(s) of the proposed subdivision and address(es);
B. Developer's name(s) and address(es); and
C. Statement indicating the availability of public utilities.
(c) The subdivider shall then submit a preliminary plat to the Commission staff. Such plat shall be prepared in conformity with Section 1307.04 by a licensed land surveyor or by a professional engineer. One sepia and two copies of the preliminary plat shall be submitted to the Commission staff with the requisite fee and other items as provided for in Section 1307.04 at least fifteen days prior to the regularly scheduled monthly meeting of the Commission.
(d) The Commission staff shall check the preliminary plat as to its conformity with the official Thoroughfare Plan and other adopted parts of the Comprehensive Plan, along with the principles and standards hereinafter set forth; and copies of the preliminary plat shall be immediately referred by the Commission staff for recommendations and comments as follows to:
(1) The City Engineer, for the checking of technical matters within his jurisdiction and approval of the preliminary construction plans and specifications of improvements to be installed; and
(2) The Sanitary Board, pertaining to matters within its jurisdiction and for approval of the preliminary plans and specifications of sanitary sewerage improvements proposed to be installed.
(e) The preliminary plat shall then be placed on the Commission's agenda for the purpose of discussion and setting a date for a public hearing on the preliminary plat. The Commission shall notify the subdivider in writing and notify by newspaper publication and/or otherwise any person or governmental units having a probable interest in the preliminary plat.
(f) Within sixty days after the submission of the preliminary plat to the Commission, the Commission shall either disapprove or approve the preliminary plat. Such action by the Commission shall be based upon the recommendations of the Sanitary Board, the City Engineer, the Commission staff, the subdivision committee of the Commission and the public.
(g) If the preliminary plat is disapproved by the Commission, the subdivider may amend his preliminary plat with the additional requirements contained in the amended preliminary plat and then resubmit the plat for Commission action.
(h) Upon approval of the preliminary plat, the subdivider shall be authorized to proceed with the proposed improvements after securing the approval of the City Engineer and the Sanitary Board for the detailed construction plans and specifications for the improvements proposed to be installed. The construction plans for the proposed improvements may be submitted to the City Engineer and the Sanitary Board for their approval upon the submission of the preliminary plat to the Commission staff. The construction plans shall be prepared by a professional engineer; conform to Article 1309; and be approved by the City Engineer and Sanitary Board.
(i) Approval of the preliminary plat shall grant the subdivider a maximum time limit of eighteen months within which the subdivider shall submit the final plat for approval unless a time extension is granted by the Commission.
(j) After the preliminary plat has been approved by the Commission and the required improvements have been installed and/or appropriately bonded, the final plat shall be prepared in accordance with Section 1307.06 by a licensed land surveyor or professional engineer. Unless a time extension has been requested by the subdivider and granted by the Commission, all final plats shall be submitted within eighteen months of the approval date of the preliminary plat; otherwise a plat shall not receive "final plat" consideration, but shall be considered as and resubmitted as a new preliminary plat. The submission of a final plat shall be at least fifteen days prior to the Commission's regular monthly meeting.
(k) The Commission staff shall transmit copies of the final plat to:
(1) The City Engineer for the purpose of checking; and if found to be satisfactory to be returned to the Commission staff with a certificate of approval indicating that:
A. The technical details of the final plat have been checked and found to be satisfactory; and
B. The improvements under his jurisdiction have been completed in accordance with the approved construction plans and specifications.
(2) The Sanitary Board for the purposes of checking and certifying that all sanitary sewerage improvements have been completed and in accordance with approved construction plans and Sanitary Board specifications. The Sanitary Board shall issue a written certificate of approval to the Commission.
(l) The Commission staff, after receiving such copies of the final plat with such certificates issued by the City Engineer's Office and the Sanitary Board and after checking that the final plat is found to conform with preliminary plat, shall submit the final plat to the Commission for their review and action.
(m) The Commission shall review the recommendations of the City Engineer, Sanitary Board, the Commission staff, the subdivision committee of the Commission and other interested persons and approve or disapprove the final plat. In the event of disapproval of the final plat, the subdivider may correct the plat's and/or subdivision's deficiencies and resubmit the final plat in conformance with the required procedures.
(n) If the final plat is approved by the Commission the final plat shall be signed by the Commission's President and the Commission's seal shall be placed on the final plat. The Commission then shall transmit five prints including the reproducible print, with all necessary certifications, together with the recommendation of the Commission, to the Mayor and Council for action on any proposed dedications. Thereupon, after acceptance by the Mayor and Council, such acceptance and date thereof, shall be indicated on the copies of the final plat by the City Clerk, and four copies thereof, including the reproducible copy shall be returned to the Commission: one copy for the Commissions files, the reproducible copy for the City Engineer; and three copies for the subdivider.
(o) The subdivider then shall file the final plat of the subdivision so approved and accepted in the office of the Wood County Clerk and the Wood County Assessor within sixty days after the approval of the final plat.
(Ord. 0-129. Passed 9-8-81.)
1307.04 THE PRELIMINARY PLAT; FEE.
(a) The preliminary plat of a proposed subdivision, one reproducible and two copies, shall be submitted to the Planning Commission staff for their review and action.
(b) The preliminary plat shall be drawn at a scale not less than fifty feet to the inch.
(c) The preliminary plat shall contain the following information:
(1) Proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the City;
(2) The names and addresses of the owner or owners of record, the subdivider and the engineer and/or surveyor who prepared the plat, along with the appropriate registration numbers and seals;
(3) Date of survey;
(4) Scale both numerical and graphic, of preliminary plat and north arrow with basis of bearings;
(5) The boundary of the proposed subdivision should be tied by metes and bounds to an existing subdivision or existing tract of land. The boundary survey of the tract to be subdivided shall show the type of marker at each corner of the tract as well as ties to two permanent markers of an adjoining tract. The total area of the subdivision, including streets, shall be shown to the nearest thousandth (.001) of an acre. All distances shall be shown to hundredths of a foot (.01) and all bearings shall be shown to one-half (1/2) minutes. Any variation between recorded and measured dimensions shall be shown on the plat. The proposed subdivision shall be tied to any public horizontal control station that is located within 500 feet of the tract that is subdivided. The error of closure shall not exceed one in 7,500;
(6) The location and names of adjoining subdivisions with deed book references and names of all owners;
(7) Accurate location and widths of existing streets, railroad rights-of-way, easements, parcels, permanent buildings, corporation boundaries and names of existing streets. Significant topographic and natural features adjacent to the plat shall also be shown;
(8) Zoning classification of the tract and adjoining properties and a description of proposed zoning changes, if any;
(9) Existing contours at two foot intervals for predominant ground slopes within the subdivision between level and ten percent (10%) grade and five foot intervals for predominant ground slopes within the subdivision over ten percent (10%) grade;
(10) Location and dimension of existing sewers, water lines, culverts and other underground transmission or associated structures, and power transmission poles and lines within and adjacent to the tract;
(11) Location, names and widths of proposed streets and easements;
(12) Building setback lines with dimensions;
(13) The location and dimensions, of all existing and proposed utility and sewer lines, showing their connections with the existing systems;
(14) Layout, numbers and dimensions of each lot. The dimensions of each lot shall be shown to one hundredth (.01) of a foot and bearings of each lot line shall be shown to one-half minutes; and
(15) A vicinity map at a scale of 400 feet or more to the inch shall be shown on, or accompany the preliminary plat. This map shall show all existing subdivisions, roads and tract lines and the nearest existing thoroughfares. It shall also show the most advantageous connection(s) between the roads in the proposed subdivision and those of neighboring areas.
(d) The following information shall be supplied in addition to the requirements in subsection (c) hereof:
(1) Statement and proposed use of lots, giving the type and number of dwelling units and/or type of business or industry;
(2) Location and approximate dimensions of all existing buildings;
(3) For commercial and industrial development, the locations, dimensions and approximate grade of proposed parking, loading areas, alleys, pedestrian walks, streets and the points of vehicular ingress and egress to the development to be approved by the City Engineer; and
(4) The City Engineer may require a soils survey to determine soil stability at proposed contours. The cost of this survey shall be borne by the developer.
(e) The following information shall be supplied in addition to the requirements in subsections (c) and (d) hereof for subdivisions, mobile home parks or other development proposed for the Flood Plain District:
(1) A map showing the location of the proposed subdivision and/or development with respect to the City's Flood Plain District, proposed lots and sites, fills, flood or erosion protective facilities and areas subject to special deed restriction. In addition, it is required that all subdivisions located within the Flood Plain District shall include base flood elevation data.
(2) Where the subdivision and/or development lies partially or completely within the Flood Plain District, the site plan shall include detailed information giving the location and elevation of proposed roads, public utilities and building sites. All such maps shall also show contours at intervals of two or five feet depending upon the slope of the land and accurately identify the boundaries of the Flood Plain District.
(f) At the time of submission of the preliminary plat, the subdivider shall pay a filing fee, payable to the City, in the amount shown below:
Preliminary Plat: Twenty dollars ($20.00) plus two dollars ($2.00 for each additional lot over five lots.
Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application by the Planning Commission. (Ord. 0-461. Passed 8-26-86.)
1307.05 IMPROVEMENTS
Improvements shall be installed in accordance with the stipulations below and as enumerated in Article 1309. Article 1309 is part of the Subdivision Regulations and constitutes the detailed instructions to the subdivider for the development of the subdivision and the required documents described herein.
(a) Construction plans for improvements to be installed shall be submitted to the City Engineer's office and the Sanitary Board Office and shall receive approval before improvements are installed. The following shall be required:
(1) Construction plans to be drawn on sheet size pages of twenty-four by thirty- six inches reproducible mylar;
(2) The plan and profile of each street at a horizontal scale of forty feet or less per inch and a vertical scale of ten feet or less per inch;
(3) Typical cross-sections of each proposed street at a scale of ten feet or less to the inch, showing the width and depth of pavement, base aggregate and the location and width of curbs, sidewalks and utilities;
(4) The plans and profiles of proposed sanitary storm sewers at a horizontal scale of forty feet or less per inch and a vertical scale of ten feet or less per inch with complete elevations, grades and sizes; and proposed methods for adequate sanitary sewer and storm water disposal in lieu of sanitary and storm water sewers;
(5) A plan of the proposed water distribution system, showing the location, depth, sizes of all pipes, valves and fire hydrants; and
(6) Estimate of plan quantities and estimated cost of improvements.
(b) Streets shall be graded to the full width of the right of way and fully constructed with the type of thickness of pavement specified in the appropriate section of Article 1309. Curb and gutter shall generally be required on all street types as specified and approved by the City Engineer.
(c) Sidewalks of such widths as may be required by the Planning Commission and of such type of construction as may be specified by the City Engineer shall be constructed on both sides of every street where the average width of lots is less than sixty feet. Sidewalks shall be constructed on one or both sides of streets, irrespective of the width of lots, where, in the opinion of the Commission, these are necessary to protect the safety of pedestrians.
(d) Where the development of a subdivision may require cutting or filling of the existing ground surface, the Commission upon its initiative, may require the applicant to submit a certified statement by a professional engineer, to the effect that the soil and substrata conditions at the site shall accommodate the type of construction proposed without detrimentally affecting either the site or any land in the vicinity thereof.
(e) Every subdivision shall be provided with a storm water sewer or drainage system adequate to serve the area being platted or otherwise meeting the approval of the City Engineer.
(f) Every subdivision shall be provided with a complete water distribution system adequate to serve the area being platted, including a connection for each lot and appropriately spaced fire hydrants. The entire water system shall be designed to meet the approval of the officials having jurisdiction.
(g) In every subdivision, provision shall be made for the satisfactory disposal of sanitary sewage, as follows:
(1) Where a public sanitary sewer main is reasonably accessible, in the opinion of the Sanitary Board, the subdivision shall be provided with a complete sanitary sewer system connected with such sewer main, including a lateral connection for each lot.
(2) Where a public sanitary sewer main is not reasonably accessible, in the opinion of the Board, proper provisions shall be made for the disposal of sanitary wastes by one or the other of the following methods:
A. In the case of a subdivision lot in which the typical size of lots is less than one-half acre, the subdivision shall be provided with a community sewer system, including a lateral connection for each lot, and a community sewage treatment plant or other means of disposal of a type meeting the approval of the Board and the Health Department, unless it is found by percolation and other tests that individual systems shall prove satisfactory, in which case the provisions of subsection (g)(2)B. hereof shall be observed.1
B. In the case of a subdivision in which the average size of lots is one- half acre or more in area, and where it is deemed appropriate by the Board and/or the Health Department in consideration of soil and other conditions as determined by percolation and other tests, private restrictions shall be stated on the final plat and/or incorporated in each deed calling for the installations on each lot of an individual sewage disposal system meeting fully the requirements of the Board and/or the Department.
(h) Poles or underground conduits for electric lights or telephone lines shall be placed in easements provided along rear of side lot lines, as agreed upon with the public utilities concerned, wherever this is practicable.
(i) Monuments shall be placed in accordance with the requirements of the City Engineer and the laws of West Virginia.
(j) Street name signs, of a type established by the City and at the locations designated by the officials having jurisdiction, shall be erected at each highway, thoroughfare and street intersection.
(k) The subdivider shall assume all costs for the inspection of all material used in the preparation and installation of the proposed improvements. The City Engineer shall outline the scope of material testing to the subdivider in writing prior to the approval of the construction plans. (Ord. 0-129. Passed 9-8-81.)
1The right of the Sanitary Board to charge the actual cost of operating and maintaining any such community treatment plant shall be filed with the final plat and incorporated
in each deed.
1307.06 THE FINAL OR RECORD PLAT.
(a) The subdivider, having received approval of the preliminary plat of the proposed subdivision, shall submit a final plat of the subdivision and drawing and specifications of the improvements required therein. The final plat shall have incorporated all changes in the preliminary plat required by the Planning Commission. Otherwise, it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. The final plat and the supplementary information shall be prepared by a professional engineer or surveyor.
(b) The final plat shall be legibly drawn in waterproof ink on a mylar sheet at a scale of not less than fifty feet to the inch and shall be on sheet twenty-four by thirty-six inches or twenty-four by eighteen inches in size. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another shall be clearly indicated.
(c) The final plat shall contain the following information:
(1) Name of subdivision, date, north arrow with basis of bearing, scale, both graphic and numerical, acreage to thousandths (.001) of acre, and deed book and page references;
(2) Names and addresses of the owner and the professional engineer and/or surveyor who prepared the plat and appropriate registration numbers and seals;
(3) Plat boundaries of the tract to be subdivided shall show the type of marker at each corner of the tract as well as ties to two permanent markers of an adjoining tract. The total area of the subdivision, including streets, shall be shown to the nearest thousandths (.001) of an acre. All distances shall be shown to hundreths (.01) of a foot and all bearings shall be shown to one- half minutes. Any variation between recorded and measured dimensions shall be shown on the plat;
(4) The proposed subdivision shall be tied to any public horizontal control station that is located within 500 feet of the tract that is subdivided. The error of closure shall not exceed one in 7,500;
(5) Accurate location and widths of all rights of way and names of all streets within and adjoining the plat and building setback lines;
(6) Radii, internal angles, points of curvature, tangent bearings and length of arcs of all applicable streets within the plat area;
(7) Location and/or statement of adequate outlet for storm water as approved by the City Engineer;
(8) Accurate location and widths of all easements and rights of way for public sewers and utilities;
(9) Layout, numbers and dimensions of each lot. The dimensions of each lot shall be shown to one hundredth (.01) of a foot and bearings of each lot line shall be shown to one-half minutes;
(10) Accurate locations and the types of permanent monuments as approved by the City Engineer;
(11) Accurate outlines of areas to be dedicated or reserved for public use or any area to be reserved for the common use of all property owners. The use and accurate boundary location shall be shown for each parcel of land to be dedicated;
(12) Any restrictions and covenants shall be shown on the final plat;
(13) Certification by a registered surveyor and/or professional engineer to the effect that the plat represents a survey made by him and that monuments therein exist as located and that all other dimensional details are correct;
(14) Certificate of ownership and general dedication shall be indicated on the plat as follows:
(I, We) the undersigned, (owner, owners) of the property shown hereon, adopt this as (my, our) plan of the Subdivision and hereby dedicate the roads, rights of way, easements, parks and other open spaces as shown and otherwise indicated to the public use forever, and certify that (I am the owner, we are the owners) in fee simple of the property and that any portion of such subdivision that is dedicated to public use is not encumbered by any mortgages or liens.
(15) The names of record and ownership of all abutting tracts and/or lots by deed book and page reference and the plat book reference of all abutting plats.
(d) In addition to the requirements to the final plat in subsection (c) hereof, the following requirements shall also be a part of the acceptance of the final plat by the Commission:
(1) The final plat drawings and specifications of improvements shall be a set of reproducible construction drawings, general block grading plans and utility plan prepared by a professional engineer.
(2) The construction plans shall indicate typical sections, plans and profiles, construction details and estimates of quantities. All typical sections and major engineering details to be used on any particular street, including utilities, shall be approved by the City Engineer and the Sanitary Board before the completion of the plans.
(3) In the event that the construction plans have been approved and the construction of improvements have been completed or in the final stages of completion, as built construction drawing of the improvements, including all public utilities, shall be submitted to the City Engineer for his approval for that portion of the subdivision that is proposed to be accepted as the final plat of the subdivision. The "as built"construction drawing shall show the location, size and type of material of all improvements installed by the subdivider.
(4) Prior to the granting or approval of the final plat by the Commission, the subdivider shall have installed the minimum required improvements or shall have provided to the City a performance bond, and/or a certified check and/or escrow account for the subdivision for the amount of the estimated construction cost of the ultimate installation of improvements as indicated on the construction plans as approved by the City Engineer. The proposed method of assuring the quality of the improvements shall be approved by the City Attorney and the Commission prior to the acceptance of the final plat.
(5) The improvements contained in the final plat, as submitted to the Commission, shall be constructed within a reasonable time as determined by the Commission but shall not exceed two years from the initiation of construction of the improvements. The Commission shall have the option of granting a time extension upon the expiration date of the time granted by the Commission for the completion of the proposed improvements. A written notice to proceed shall be submitted to the subdivider prior to any installation of improvements by the City Engineer.
(6) All required improvements shall be maintained in a satisfactory condition by the subdivider during any interim period between the construction of such improvements and the final acceptance of the improvements by the City.
(7) No changes or alterations in right-of-way lines, easements or lot lines, shall be made after the acceptance of the final plat and/or during the construction of the proposed improvements without the approval of the Commission or the Commission staff.
(8) Upon the written recommendation of the City Engineer, the Commission may release no more than ninety percent (90%) of the amount of surety upon the completion of a portion of the subdivision improvements prior to the final acceptance of the subdivision. The amount of remaining surety is to be negotiated and is contingent upon the amount and quality of installed improvements, as determined by the City Engineer.
(Ord. 0-129. Passed 9-8-81.)
1307.07 MODIFICATIONS AND EXCEPTIONS.
(a) The general principles of design and minimum requirements for the laying out of subdivisions, set forth in Article 1309, may be varied by the City Development Department in the case of a subdivision large enough to constitute a more or less self-contained neighborhood which is to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, and which, in the judgment of the Department, makes adequate provision for all essential community requirements, provided, however, that no modification shall be granted by the Department which would conflict with the proposals of the official Thoroughfare Plan or with the other features of the Comprehensive Plan of Parkersburg and environs, or with the intent and purposes of the general principles of design and minimum requirements.
(b) Those divisions of land which are excluded from the definition of "Subdivision", and which are set forth in 1307.02(a) of the Codified Ordinances of the City of Parkersburg, are exempt from the procedural requirements of Article 1307 of the Codified Ordinances regarding plat approval for "Subdivisions". However, such divisions of land are subject to review and approval for plat recording by the Planning Commission staff and must conform to the applicable regulation of Article 1307 and Article 1309 of the Codified Ordinances of the City of Parkersburg.
(c) In any particular case where the subdivider can show that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of these Subdivision Regulations would cause unusual difficulty or exceptional and undue hardship, the Department may relax such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship; provided that such relief may be granted without detriment to the public good and without impairing the intent and purposes of these Subdivision Regulations or the desirable general development of the neighborhood and the community in accordance with the Comprehensive Plan and the Zoning Ordinance of Parkersburg and environs. Any modification thus granted shall be entered in the minutes of the Department setting forth the reasons which, in the opinion of the Department, justified the modification.
(Ord. A-1090. Passed 4-4-67; Ord. A-3164. Passed 3-23-76; Ord. A-3772. Passed 6-27-78.)
1309.01 GENERAL PROVISIONS.
In laying out a subdivision, the subdivider shall comply with the general principles and requirements as provided in this Article 1309.
(a) The layout shall conform to the official Thoroughfare Plan and other parts of the adopted Comprehensive Plan of Parkersburg and environs.
(1) Whenever a tract to be subdivided embraces any part of a highway, primary or secondary thoroughfare or parkway, so designated on the Thoroughfare Plan, such part of such public way shall be platted by the subdivider in the location and at the width indicated on the Plan.
(2) Where a proposed park, playground or other recreational area, proposed school site or other public ground, under the adopted Comprehensive Plan of Parkersburg and environs, is located in whole or in part within the proposed subdivision, such proposed public ground or part, if not dedicated to the City or the Wood County Board of Education, shall be reserved for a period of not less than two years from the date of final approval of the final plat by the City Development Department, for acquisition by the City or Board of Education by purchase or otherwise.
(b) Where held appropriate by the Department, open spaces suitably located and of adequate size for parks, playgrounds or other recreational purposes for local or neighborhood use shall be provided for in the proposed subdivision, and, if not dedicated to the public, shall be reserved for the common use of all property owners in the proposed subdivision by covenant in the deeds and maintained by the property owners.
(Ord. A-1090. Passed 4-4-67; Ord. A-3165. Passed 3-23-76.)
1309.02 STREET AND BLOCK LAYOUT.
(a) Flatland Subdivisions. The following requirements are applicable to all flatland subdivisions within the jurisdiction of the City Development Department.
(1) The street layout shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood.
(2) The street layout shall provide access to all lots and parcels of land within the subdivision.
(3) Where appropriate to the design, streets shall be established to avoid jogs at intersections and to promote continuity of local streets and those of higher classification.
(4) Streets shall be established to take advantage of the contour of the land so as to produce useable lots, cause a minimum of cutting and filling, and to produce streets with reasonable grades as defined in Section 1309.05(a).
(5) Certain proposed streets, where appropriate, shall be extended to the boundary line of the tract to provide for adequate circulation of traffic within the vicinity of the tract.
(6) Streets shall intersect other streets as near to a ninety degree angle as topography and other factors permit. Intersections of streets with arterial or collector streets shall be limited to a minimum angle of seventy degrees unless specifically approved by the Department.
(7) Whenever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision which conforms to the Thoroughfare Plan, the remainder of the street or alley shall be platted to the prescribed width within the proposed subdivision.
(9) Alleys shall be platted in the rear of all lots to be used for business and in the rear of residential lots fronting on arterial or collector streets as a means of safe access thereto. Alleys will not be approved in other locations in residential areas, unless required by unusual topography or other exceptional conditions .
(10) Lands abutting arterial or collector streets shall be platted with the view of making the lots, if for residential use, desirable for such use by cushioning the impact of heavy traffic on such trafficways, and with the view also of minimizing interference with traffic on such trafficways as well as the accident hazard. This may be accomplished in several ways:
A. By platting the lots abutting such trafficways at very generous depth, with setbacks or front yards at least twenty feet greater or deeper than otherwise required; and providing vehicular access to them by means of either alleys or service drives in the rear, or frontage access roads next to the trafficway, connected therewith at infrequent intervals;
B. By not fronting the lots on the highway or thoroughfare but on a parallel local street at a distance of a generous lot depth, in which case private driveways shall connect with such local street;
C. By a collector streets platted more or less parallel with the highway or thoroughfare, 600 to 1,000 feet distant therefrom, from which loop streets or dead-end streets would extend toward the highway, the ends of which provide access to the lots abutting the highway to their rear.
(11) Dead-end streets are often desirable and will be approved if limited to 1,000 feet long and twenty platted lots fronting thereon.
(12) Closed subdivisions, with one exit, shall be limited to 100 dwelling units if the entrance or exit street grade exceeds a rise of twenty feet in 200 feet; and shall be limited to 200 dwelling units if the street grade is less. When these limits are exceeded, a second exit must be provided which conforms to the street grade requirements of Section 1309.05.
(13) Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, unless, in the opinion of the Department, this is prevented by unusual topography or other physical conditions.
(14) The length of blocks shall be such as are appropriate, in the opinion of the Department, for the locality and type development contemplated, but shall not exceed 1,800 feet where the average lot size does not exceed two acres in area.
(15) In any block over 900 feet in length, the Department, may require that a crosswalk or pedestrian way, not less than ten feet wide, be provided near the center and entirely across the block.
(16) The number of intersecting streets along arterial and collector streets shall be held to a minimum, and where practicable, blocks along such trafficways shall not be less than 1,200 feet in length.
(b) Hillside Subdivisions. The following requirements are applicable to all hillside subdivisions within the jurisdiction of the Department:
(1) The following requirements of subsection (a) hereof for flatland subdivisions are applicable to hillside subdivisions: 1309.02(a)(1), (3), (5) to (7) and (16).
(2) The Department may, at its discretion, modify the following requirements of subsection (a) hereof for flatland subdivisions where they are to be applied to hillside subdivisions: 1309.02(a)(2) - see Note A following this subsection (b), (a)(9), (10) and (13) to (15).
(3) Streets shall be established to take advantage of the contour of the land so as to produce useable lots, cause a minimum of cutting and filling, and to produce streets with reasonable grades as defined in Section 1309.05(b).
(5) In hillside subdivisions, dead-end streets are often necessary and will be approved if limited to 2,000 feet long and fifty platted lots fronting thereon.
(6) Closed subdivisions, with one exit, shall be limited to 100 dwelling units if the entrance or exit street grade exceeds a rise of twenty feet in 200 feet; and shall be limited to 200 dwelling units if the street grade is less. When these limits are exceeded, a second exit must be provided which conforms to the street grade requirements of Section 1309.05(b).
NOTE "A" - Where it can be clearly demonstrated by the subdivider that the topographic conditions will prevent the utilization of all possible building sites in the subdivision if all lots are required to abut on a street, some variation from that requirement may be permitted by the Commission by means of the careful design and adequate construction of private drives subject to the following requirements:
A. Not more than three lots shall be served by any one private drive.
B. Private drives shall be constructed of the same material and with the same design characteristics as required for wider streets in Section 1309.04(b), except that the minimum surface width of a private drive may be sixteen feet.
C. Common and joint maintenance by all owners, present and future, of the lots served by the private drive shall be made a part of the deed of each of the lots stipulating adequate maintenance and insuring passability.
D. When private drives are utilized, provision shall be made on the lots for the off-street parking of at least three automobiles for each lot served by the private drive which shall be in addition to the zoning requirement for the area. Such additional off-street parking may be provided in a common and shared lot on the premises.
E. When the City Development Department approves the use of private drives in the subdivision, such approval shall be entered in writing in the Department records together with a copy of the deed restrictions which is required by subparagraph C. hereof.
(Ord. A-1090. Passed 4-4-67; Ord A-3166. Passed 3-23-76.)
1309.03 MINIMUM RIGHT-OF-WAY WIDTHS OF STREETS, ALLEYS AND EASEMENTS FOR UTILITIES.
Note: See drawings in Appendices A and B.
(a) Flatland Subdivisions. The following requirements are applicable to all flatland subdivisions within the jurisdiction of the City Development Department:
(1) Arterial highways: as designated by the Thoroughfare Plan, but not less than eighty feet wide in any case.
(2) Collector or secondary highways: as designated by the Thoroughfare Plan, but not less than sixty feet wide in any case.
(3) Local streets: fifty feet wide.
(4) Minor streets and dead-end streets: forty feet wide. All dead-end streets shall terminate in a circular turn-around having a minimum right-of-way diameter of sixty feet, unless the Department approves a "T" or "Y" shaped, paved space in place of the required turning circle.
(5) Alleys and service drives: twenty feet wide.
(6) Easements for utilities: where required, shall be at least fifteen feet wide and centered on rear or side lot lines.
(b) Hillside Subdivisions. The following requirements are applicable to all hillside subdivisions within the jurisdiction of the Department:
(1) The following requirements of subsection (a) hereof for flatland subdivisions are applicable to hillside subdivisions: 1309.03(a)(1), (2), (5) and (6).
(2) Local streets: forty feet wide.
(3) Minor streets and dead-end streets: forty feet wide, except that thirty or thirty-five feet may be acceptable where lots are platted on one side of the street only. All dead-end streets shall terminate in a circular turn-around having a minimum right-of-way diameter of seventy feet, unless the Department approves a "T" or "Y" shaped, paved space in place of the required turning circle.
(Ord. A-1090. Passed 4-4-67; Ord. A-3167. Passed 3-23-76.)
1309.04 MINIMUM PAVEMENT WIDTHS AND SURFACE TYPE.
(a) Flatland Subdivisions. The following requirements are applicable to all flat land subdivisions within the jurisdiction of the City Development Department:
(1) Pavement widths for arterial and collector streets will be as designated in the Thoroughfare Plan. Where required to be provided as part of the subdivision, the subdivider will be responsible for twenty-seven feet. The difference, if any, between the cost of the portion to be provided at the expense of the subdivider including the cost of curb and gutter, if any, and that of the total width designated in the Thoroughfare Plan shall be borne by the City or by the Department of Highways of West Virginia when applicable, unless it is determined by the Commission that such greater width will benefit the subdivider in proportion to its cost.
(2) Local streets, minor streets and dead-end streets shall have minimum widths of twenty-two feet except where curb and gutter are required; the total width, face to face of curb, shall be twenty-four feet. The pavement of a turning circle at the end of dead-end street shall have a minimum outside diameter of sixty feet. A "T" or "Y"-shaped, paved space when approved by the Department shall extend entirely across the width of the street right- of-way and shall be at least sixteen feet wide with the flared portion rounded by minimum radii of twenty feet.
(3) Alleys shall have minimum widths of twenty feet.
(4) Streets shall be graded full width and fully constructed with a concrete pavement of a minimum thickness of six inches or of asphaltic concrete or other material of equivalent quality. If the classification of the street justifies the construction of a thicker section, the additional cost thereof shall be borne by the City or the Department of Highways, depending upon the agency having jurisdiction.
(5) Alleys, where required, will be constructed with a concrete pavement of a minimum thickness of six inches or of asphaltic concrete or of other material of equivalent quality. This requirement may be varied by the Department if, in their opinion, the requirement imposes too severe a restriction when related to the projected use of the alley.
(b) Hillside Subdivisions. The following requirements are applicable to all hillside subdivisions within the jurisdiction of the Development Department:
(2) Local streets, minor streets and dead-end streets shall have minimum widths of twenty-two feet except where curb and gutter are required; the total width, face to face of curb, shall be twenty-four feet. These requirements may be reduced to a minimum width of eighteen feet, except where curb and gutter are required; the total width, face to face of curb, shall be twenty feet, if off-street parking bays are provided integral to the street and on the uphill side thereof at locations throughout the subdivision readily accessible to the lots therein, so as to permit the elimination of all on-street parking. Such bays shall contain, in total, within the subdivision three spaces per residential lot, such number not to include those spaces required by the Zoning Ordinance. The required number of parking bay spaces may be reduced if additional parking spaces are to be provided on the lots in the subdivisions. The required number of parking bays may in those instances be reduced by the additional on-lot spaces. The pavement of a turning circle at the end of a dead-end street shall have a minimum outside diameter of sixty feet. A "T" or "Y"-shaped, paved space when approved by the Department, shall extend entirely across the width of the street right of way and shall be at least sixteen feet wide with the flared portion rounded by a minimum radii of twenty feet.
(Ord. A-1090. Passed 4-4-67; Ord. 3168. Passed 3-23-76.)
1309.05 STREET GRADES, CURBS AND SIGHT DISTANCES.
(a) Flatland Subdivisions. The following requirements are applicable to all flatland subdivisions within the jurisdiction of the City Development Department:
(1) The grades of any street or alley shall not be less than five-tenths percent.
(2) Arterial, collector or secondary highways as designated by the Thoroughfare Plan shall be limited to a maximum grade of five percent.
(3) Local, minor and dead-end streets shall be limited to a maximum grade of ten percent.
(4) Alleys shall be limited to a maximum grade of ten percent where they are primarily for residential service, but shall be limited to a maximum of eight percent when used to provide service to commercial property.
(5) Pedestrian ways or crosswalks shall be limited to a maximum grade of twenty percent unless steps of an acceptable design are to be constructed.
(6) All changes in street grade of one percent or more shall be connected by vertical curves. The length of the vertical curve will be determined on the basis of providing stopping sight distances for each road classification where design speed for arterial, collector and secondary streets is forty miles per hour, local streets is twenty-five miles per hour, and minor streets, dead-end streets and alleys is twenty miles per hour. In no case shall the length of the required vertical curve be less than fifteen times the algebraic difference in rate of grades for arterials, collectors and secondary streets or one-half of this minimum for all other streets.
(7) The radii of curvature on the center line of the street shall not be less than that required to produce stopping sight distance as defined in paragraph (6) hereof. In no case, however, shall the radii of curvature for arterials, collectors and secondary streets be less than 300 feet or for local streets, minor streets, service drives and alleys be less than fifty feet.
(b) Hillside Subdivisions. The following requirements are applicable to all hillside subdivisions within the jurisdiction of the City Development Department:
(1) The following requirements of subsection (a) hereof for flatland subdivisions are applicable for hillside subdivisions: 1309.05(a)(1), (2) and (5).
(2) Local streets shall be limited to a maximum grade of twelve percent and minor streets and dead-end streets to a maximum grade of fifteen percent.
(3) Service drives and alleys where required or permitted shall be limited to a maximum grade of twelve percent where they are primarily for residential services, but shall be limited to a maximum of ten percent when used to provide service to commercial property.
(4) All changes in street grade of one percent or more shall be connected by vertical curves. The length of the vertical curve will be determined on the basis of providing stopping sight distances for each road classification where design speed for arterial, collector and secondary streets is forty miles per hour, local streets is twenty miles per hour, and minor streets, dead-end streets and alleys is fifteen miles per hour. In no case shall the length of the required vertical curve be less than fifteen times the algebraic difference in rate of grades for arterials, collectors and secondary streets or one-half of this minimum for all other streets.
(5) The radii of curvature on the center line of the street shall not be less than that required to produce stopping sight distance as defined in paragraph (4) hereof. In no case, however, shall the radii of curvature for arterials, collectors and secondary streets be less than 300 feet or for local streets, minor streets, service drives and alleys be less than fifty feet. (Ord. A- 1090. Passed 4-4-67; Ord. A-3169. Passed 3-23-76.)
1309.06 INTERSECTIONS.
The following requirements are applicable to both flatland and hillside subdivisions:
(a) At a street and an alley intersection, property line corners shall be rounded by an arc; the minimum radii of which shall be ten and five feet, respectively. The street curb intersection shall be rounded by a radii of at least twenty-five feet.
(b) The above minimum radii shall be increased when the smallest angle of intersection is less than sixty degrees.
(c) Where, in the opinion of the Development Department the center line profiles of streets presented as part of the preliminary plat do not clearly indicate that adequate intersection design will be accomplished, the Commission may request an intersection detail at a scale not to exceed one inch equals twenty feet, which detail will clearly represent the construction details for such intersection.
(d) Intersections shall be designed so as to avoid abrupt changes in longitudinal or transverse slope. (Ord. A-1090. Passed 4-4-67; Ord.. 3170. Passed 3-23-76.)
1309.07 LOTS.
The following requirements are applicable to both flatland and hillside subdivisions except where noted otherwise:
(a) The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated within the appropriate zoning district. (Ord. 0-986. Passed 5-22-01.)
(b) Excessive depth in relation to widths shall be avoided. A proportion of not more than two to one normally shall be considered appropriate unless front footage is 100 feet or more.
(c) Every lot shall abut on a street except that in hillside subdivisions, in accordance with Section 1309.02(b)(2), private streets may be utilized, if such facilities will permit better utilization of the available hillside ground. Lots for residential purposes shall meet the size requirements of the Zoning Ordinance and also the requirements relative to building setback and side yard requirements, except that in hillside subdivisions the Development Department may waive the setback requirement to permit the construction of structures to within five feet of the street right-of-way line.
(d) Corner lots for residential use shall be platted at least five feet wider than interior lots in order to permit conformance with the setback required by the Zoning Ordinance on the side streets.
(e) Residential lots fronting on arterial, collector and secondary streets should have extra depths to permit deep setbacks for the buildings.
(f) Double frontage lots and reversed frontage lots shall not be platted except as permitted under Section 1309.02(a)(10).
(g) Side lot lines shall be approximately at right angles to the right-of-way line of the street on which the lot fronts.
(Ord. A-1090. Passed 4-4-67; Ord. 3171. Passed 3-23-76.)
1309.08 SIDEWALKS.
The following requirements are applicable to both flatland and hillside subdivisions except where noted otherwise. Sidewalks of such width as maybe required by the Development Department and of such type of construction as may be specified by the City Engineer shall be constructed on both sides of every street where the average width of lots is less than sixty feet. Sidewalks shall be constructed on one or both sides of streets irrespective of the width of lots where, in the opinion of the Department, these are necessary to protect the safety of pedestrians. In hillside subdivisions sidewalks will normally be required on one side only and where so required will be placed on the uphill side of the street right of way.
(Ord. A-1090. Passed 4-4-67; Ord. A-3172, Passed 3-23-76)
1309.09 DRIVEWAYS.
The following requirements are applicable to both flatland and hillside subdivisions except where noted otherwise:
(a) The subdivider shall install driveway approaches for each connection to the street and when the street is provided with curb and gutter, the subdivider shall install curb turns on the driveway.
(b) Driveways shall be constructed so as not to impede the surface drainage system and where curbs are not required the subdivider shall provide one of the following types of improvements:
(1) A culvert pipe at least twelve inches in diameter and fourteen feet in length to be placed for each driveway approach.
(2) A properly dipped or swaled concrete pavement fourteen feet in length, of at least six feet in width, and six inches thick at the entrance of each driveway designed so as not to create a hazard to the underparts of automobiles. (Ord. A-1090. Passed 4-4-67.)
1309.10 STREET TREES, SCREEN PLANTING AND REPLACEMENT OF NATURAL GROUND COVER.
The following requirements are applicable to both flatland and hillside subdivisions except where noted otherwise:
(a) Any trees or shrubs proposed to be installed on the street right of way by the subdivider or developer shall be approved as to types and placement by the City Development Department.
(b) The installation of trees and shrubs to form a tight screen effective at all times shall be required along the rear line of any lot in the subdivision which backs upon an arterial, collector or secondary street.
(c) In a hillside subdivision, the natural ground cover shall not be disturbed except for the grading of those portions of the lot for building sites and for the installation of necessary improvements including earth cuts and fills. The removal of additional natural ground cover under other circumstances may be permitted by the Department when necessary to the successful development of the subdivision. In order that erosion caused from removal of such additional natural ground cover shall be prevented, the subdivider shall agree to any replacement of any additional natural ground cover prior to final approval of the subdivision, such replacement to be as directed by the Department relative to the method of installation and to type.
(Ord. A-1090. Passed 4-4-67; Ord. A-3173. Passed 3-23-76.)
TYPES OF LOTS
 |
MARGINAL ACCESS STREET
Access to arterial streets is controlled in the interest of public safety by eliminating scattered turning movements and to maintain the design capacity of the road system.
 |
 |
LOT TERMS
 |
LOT AREA = TOTAL HORIZONTAL AREA
LOT COVERAGE = PER CENT OF LOT OCCUPIED BY BUILDING
EXAMPLE OF A SUBDIVISION
 |
1. 15 foot easement for planting screen to provide protection from non-residential use.
2. 10 foot walk easement gives access to school.
3. Cul-de-sac utilizes odd parcel of land to advantage.
4. Turn-around right-of-way 100 feet in diameter.
5. Street trees planted approximately 50' apart where no trees exist.
6. Additional building setback improves subdivision entrance.
7. Street intersections of right angles reduce hazards.
8. Lot side line centered on street end to avoid car lights shining into residence.
9. Residences opposite street and set back farther to reduce glare from car lights.
10. Three-way intersections reduce hazards.
11. Property lines on 30' radii at corners.
12. Lot side lines perpendicular to street right-of-way lines.
13. Secondary roadway eliminates hazard of entering major thoroughfare from individual driveways.
14. Neighborhood park located near center of tract. Adjacent lots wider to allow for 15 foot protective side line setback.
15. Pavement shifted within right-of-way to preserve existing trees.
16. 10 foot walk easement provides access to park. Adjacent lots wider to allow for 15 foot protective side line setback.
17. Variation of building line along straight street creates interest.
18. Screen planting gives protection from noise and lights on thoroughfare.
19. Lots backing to uncontrolled land given greater depth for additional protection.
20. Low planting at street intersections permits clear vision.
21. Wider corner lot permits equal building setback on each street.
22. Platting of block end to avoid siding properties to residences across street.
CLASSIFICATION OF THOROUGHFARE SYSTEM
 |
CUL DE SAC
 |
LOOP STREET
 |
FINAL SUBDIVISION PLAT
 |
PRELIMINARY SUBDIVISION PLAT
1310.01 PURPOSE.
The purpose of these regulations is to provide a process and a set of standards for the construction of wireless telecommunication facilities; to further the goals and objectives of the comprehensive plan while promoting orderly development with minimal impacts on existing uses; and to regulate the construction and modification of towers and telecommunication facilities in order to protect the health, safety and welfare of the public.
(Ord. 0-1017. Passed 2-12-02.)
1310.02 DEFINITIONS.
(a) "Accessory Facility or Structure" means an accessory facility or structure serving or being used in conjunction with Wireless Telecommunication Facilities and located on the same property or lot as the Wireless Telecommunication Facilities, including but not limited to, utility or transmission equipment, storage sheds or cabinets.
(b) "Alternative Antenna Support Structure" means trees, clock towers, bell steeples, light poles, flag poles, water tanks, signs and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
(c) "Antenna" means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such waves shall include, but not be limited to radio, television, cellular, paging, personal telecommunications services (PCS) and microwave telecommunications.
(d) "Antenna Height" means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure, even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad and other appurtenances and shall be measured from the finished grade of the facility site. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
(e) "Applicant" means any person submitting an application to the City of Parkersburg for a Special Use Permit for wireless telecommunication facility.
(f) "Application" means the process of which a person or owner submits a request to develop, construct, build, modify or erect a tower or telecommunications facility upon a parcel of land within the City. Application shall include all written documentation, verbal statements and representations and any other pertinent information when requested by the Planning Director.
(g) "Co-location" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(h) "EPA" means the State and/or Federal Environmental Protection Agency or its duly designated and authorized successor agency.
(i) "Expansion" means the addition of antennas, towers or other devices to an existing structure.
(j) "FAA" means the Federal Aviation Administration or its duly designated and authorized successor agency.
(k) "FCC" means the Federal Communications Commission or its duly designated and authorized successor agency.
(l) "NIER" means non-ionizing electromagnetic radiation.
(m) "Owner" means any person with fee title or a long-term (exceeding ten (10) years) leasehold to any parcel of land within the City who desires to develop or construct, build, modify, or erect a Tower upon such parcel of land.
(n) “Person” means any individual, corporation, estate, trust, partnership, joint stock company, limited liability company, association of two (2) or more persons having a joint common interest, or any other entity.
(o) "Radio Frequency (RF) Propagation Map" means a multicolored map depicting a visual representation of the proposed coverage area and signal strength within the proposed coverage area, regularly used by radio frequency engineers when designing a communications network.
(p) "Satellite Dish" (also known as Parabolic Antenna) means an antenna which is bowl shaped, designed for the reception and/or transmission of radio frequency communication signals in a specific directional pattern.
(q) "Special Use Permit" means the official document or permit by which an applicant is allowed to construct and use wireless telecommunication facilities as granted or issued by the Planning Director or Municipal Planning Commission.
(r) "Structure" means anything constructed or erected which requires permanent location to the ground or attachment to something having a permanent location on the ground. The word "structure" shall include the word "building".
(s) "Survey" means a survey containing the seal and certification of a West Virginia licensed professional land surveyor.
(t) "Towers" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like.
(u) "Tower, Abandoned" means any tower not in service. A tower not in service may be characterized as not having any antennas or any other device that looks like an antenna on the tower.
(v) "Tower, Guyed" means any tower using wire guys connecting above grade portions of a tower diagonally with the ground to provide support for tower and/or antenna.
(w) "Tower, Lattice" means structure which generally has three (3) or four (4) legs consisting of vertical, horizontal, and diagonal cross strips or bars that is designed to support communication antenna arrays. The structure legs are anchored to concrete and steel foundations (caissons) embedded into the soil.
(x) "Tower, Mobile" means any tower capable of being transported in, or by, a motor vehicle.
(y) "Tower, Monopole" means structure which consists of a single, freestanding pole designed to support communication antenna arrays. The structure is anchored to a single concrete and steel foundation (caisson) embedded into the soil.
(z) "Tower, temporary" means towers standing for sixty (60) consecutive days or less.
(Ord. 0-1017. Passed 2-12-02.)
1310.03 EXEMPTIONS.
The following towers and/or antennas shall be exempted:
(a) Emergency wireless telecommunication facility.
(b) Amateur (ham) radio stations.
(c) Residential satellite dish.
(d) Maintenance or repair of an existing facility or equipment providing there is no change in the height or any other dimension of the facility.
(e) Temporary wireless telecommunication facility.
(f) Antennas as accessory uses to a residential dwelling unit.
(Ord. 0-1017. Passed 2-12-02.)
1310.04 REVIEW AND APPROVAL REQUIRED.
No person shall construct or expand a wireless telecommunication facility without approval of the Planning Director or the Planning Commission as follows:
(a) Expansion of an Existing Facility. Approval by the Planning Director is required for any expansion of an existing wireless telecommunication facility that increases the height of the facility by no more than forty (40) feet, or co-location of an existing wireless telecommunication facility including but not limited to an existing structure.
(b) New Construction. Approval of the Municipal Planning Commission is required for new construction of a new wireless telecommunication facility and any expansion of an existing wireless telecommunication facility that increases the height of the facility by more than 40 feet.
(Ord. 0-1017. Passed 2-12-02.)
1310.05 PRE-APPLICATION CONFERENCE.
All persons seeking approval of the Planning Director or the Municipal Planning Commission under these regulations shall meet with the Planning Director no less than thirty (30) days before the filing deadline. At this meeting, the Planning Director shall explain to the applicant the regulations, as well as the application forms and process that will be required.
(Ord. 0-1017. Passed 2-12-02.)
1310.06 APPLICATION.
Any person seeking approval of the Planning Director or the Municipal Planning Commission shall submit an application with the required information as provided below:
(a) Application for Planning Director Approval. Application for a Special Use Permit approval by the Planning Director must include all the following materials and information:
(1) Documentation of the applicant's right, title or interest in the property where the facility is to be sited, including the name(s) and address(es) of the property owner(s) and the applicant(s), telephone numbers of the owner(s) and the applicant(s).
(2) Copies of any easements necessary to access the property.
(3) A copy of the FCC license for the facility or a signed, notarized statement from the owner or operator of the facility attesting that the facility complies with current FCC regulations.
(4) The applicant shall comply with all applicable State and Federal Historic Preservation laws and regulations and shall supply documentation stating such. Applicant shall furnish a copy of the State Historic Preservation Office (SHPO) review and this shall be provided prior to the issuance of the Special Use Permit.
(5) Location map and elevation drawings of the proposed facility and any other proposed structures, any existing structures, map and parcel number(s) and the address of the parcel(s) of land upon which the tower is to be erected.
(6) The names, addresses and telephone numbers of all owners of either towers or usable antenna support structures within a one-half (l/2) mile radius of the proposed new tower site, including any City owned property.
(7) A landscaping plan indicating the proposed placement of the facility on the site; location of existing structures, trees, and other significant site features; the type and location of plants and/or trees proposed to screen the facility; the method of fencing, the color of the structure and the proposed lighting method.
(8) A storm and erosion control plan for the access road to the site, unless there will be no changes implemented with regards to any existing roads. If the access road is to be constructed, then the road shall be paved to the Engineering Division's specifications.
(9) A boundary survey for the lease hold area and/or owned area for the project performed by a land surveyor, licensed by the State of West Virginia, including the access road and vicinity map.
(10) The applicant shall be required to submit four (4) complete sets of plans. The Planning Director shall submit a copy to the Code Enforcement Director, the City Engineer and the Parkersburg Utility Board Superintendent for their review.
(b) Application for Municipal Planning Commission Approval. An application for approval by the Municipal Planning Commission must be submitted to the Planning Director. The application must include the following information:
(2) Evidence demonstrating that no existing building, site or structure can accommodate the applicant's proposed facility, the evidence for which may consist of any one or more of the following:
A. Evidence that no existing facilities are located within the targeted market coverage area as required to meet the applicant's engineering requirements.
B. Evidence that existing facilities do not have sufficient height or cannot be increased in height at a reasonable cost to meet the applicant's engineering requirement.
C. Evidence that existing facilities do not have sufficient structural strength to support the applicant's proposed antenna and related equipment. Specifically:
1. Planned, necessary equipment would exceed the structural capacity of the existing facility, considering the existing and planned use of those facilities and the existing facilities cannot be reinforced to accommodate the new equipment.
2. The applicant's proposed antenna or equipment would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna or equipment on the existing facility would cause interference with the applicant's proposed antenna.
3. That existing or approved facilities do not have the necessary space on which planned equipment can be placed so it can function effectively.
4. That the applicant has made diligent, good faith efforts to negotiate co-location on an existing facility, building or structure and has been denied.
(Ord. 0-1017. Passed 2-12-02.)
1310.07 FEES.
(a) Planning Director Application Fees. An application for the Planning Director's approval shall include payment of an application fee of fifty ($50.00) dollars. If the proposed site is located within a Floodplain area, the application fee shall be one hundred ($100.00) dollars. The application shall not be considered complete until fee is paid in full. The applicant is entitled to a refund of the application fee if the application is withdrawn within five (5) working days of date of filing.
(b) Municipal Planning Commission Application Fees. An application for the Municipal Planning Commission approval shall include payment of an application fee of two- hundred and fifty dollars ($250.00). The application shall not be considered complete until fee is paid in full nor will the application be forwarded for consideration by the Municipal Planning Commission. The applicant is entitled to a refund of the application fee if the application is withdrawn within five (5) working days of date of filing.
(Ord. 0-1017. Passed 2-12-02.)
1310.08 NOTICE OF COMPLETED APPLICATION.
Upon receipt of an application, the Planning Director shall provide the applicant with a dated receipt. Within ten (10) working days of receipt of an application, the Planning Director shall review the application and determine if the application meets all the requirements.
If the application is complete and complies with all the said requirements, the Planning Director shall notify the applicant in writing of this determination.
Upon approval of the Planning Director, the applicant shall obtain the proper construction permits from the Code Enforcement Division prior to commencement of the work.
If the application is incomplete, the Planning Director shall notify the applicant in writing, specifying the additional materials or information required to complete the application.
If the application is deemed to be complete and requires the Municipal Planning Commission review, the Planning Director shall notify all property owners within two hundred (200) feet of the site as shown on the Assessor's records, by first-class mail that a public hearing has been scheduled. This notice shall contain a brief description of the proposed activity and the name of the applicant, give the location, a copy of the application available for inspection, and provide the date, time and place of the public hearing before the Municipal Planning Commission. Failure on the part of any property owner within the two hundred (200) feet to receive such notice shall not be grounds for delay of any consideration of the application nor denial of the project. The Planning Director shall be required to have the public hearing announcement published once in a local circulated newspaper at least thirty (30) days prior to the meeting.
Within ninety (90) days upon receipt of a complete application for approval from the Municipal Planning Commission, the Municipal Planning Commission shall approve, approve with conditions, or deny the application in writing, together with the findings on which that decision is based.
(Ord. 0-1017. Passed 2-12-02.)
1310.09 PUBLIC HEARING.
For applications requiring the Municipal Planning Commission approval under Section 1310.06 (b), a public hearing shall be held within forty-five (45) days of the notice of the complete application. (Ord. 0-1017. Passed 2-12-02.)
1310.10 AMENDMENT TO AN APPROVED APPLICATION.
Any changes to an approved application must be approved by the Planning Director or the Municipal Planning Commission.
(Ord. 0-1017. Passed 2-12-02.)
1310.11 APPEALS.
Any person aggrieved by a decision of the Planning Director or the Municipal Planning Commission under this article may appeal the decision to the Wood County Circuit Court. Written notice of an appeal must be filed with the Wood County Circuit Court within thirty (30) days of the decision. The notice of appeal shall clearly state the reasons for the appeal.
(Ord. 0-1017. Passed 2-12-02.)
1310.12 ADMINISTRATION AND ENFORCEMENT.
The Planning Director shall enforce this article. If the Planning Director finds that any provision of this article has been violated, the Planning Director shall notify in writing the person responsible for such violation, including the nature of the violation, and ordering the action necessary to correct it. The Planning Director shall order correction of the violation and may take any other legal action to ensure compliance with this article.
The Planning Director shall not allow a violation of this article to continue unless:
(a) There is clear and convincing evidence that the violation occurred as a result of erroneous advice given by an authorized City official upon which the applicant reasonably relied to its detriment and there is no evidence that the owner acted in bad faith;
(b) The removal of the violation will result in a threat to public health and safety or substantial environmental damage.
(Ord. 0-1017. Passed 2-12-02.)
1310.13 SETBACK REQUIREMENTS.
(a) The setback requirements of the manufacturing districts shall not apply to towers and telecommunication facilities, instead all self-supporting Towers and Telecommunication facilities shall be set back from all lot lines a distance equal to fifty (50) percent of the height of the tower and telecommunication facilities. All guyed towers and telecommunication facilities shall be set back from all lot lines a distance equal to eight (80) percent of the height of the tower and telecommunication facilities.
(b) Setback requirements for towers shall be measured from the base of the tower to the proper line of the parcel of land on which it is located.
(c) No wires, cables, braces, or any part of any tower of telecommunication facility may, in anyway, interfere with pedestrian or vehicular traffic or be placed upon any public right- of-way.
(Ord. 0-1017. Passed 2-12-02.)
1310.14 STRUCTURAL REQUIREMENTS.
All towers must be designed and certified by a West Virginia Registered Professional Engineer to be structurally sound and at minimum, in conformance with the West Virginia State Building Code and any other standards outlined in this article. All towers in operation shall be fixed to land.
(Ord. 0-1017. Passed 2-12-02.)
1310.15 SEPARATION REQUIREMENTS.
For the purpose of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower.
(a) Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a permit but are not yet constructed at the time a permit is granted pursuant to this Code.
(1) Monopole tower structures shall be separated from all towers, whether monopole, self-supporting lattice, or guyed by a minimum of seven hundred fifty (750) feet;
(2) Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting or guyed towers by a minimum of fifteen hundred (1500) feet;
(3) Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of seven hundred fifty (750) feet.
(Ord. 0-1017. Passed 2-12-02.)
1310.16 ILLUMINATION.
Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is three hundred percent (300%) of the height of the tower from the tower and where required by federal law, dual mode lighting shall be requested from the FAA.
(Ord. 0-1017. Passed 2-12-02.)
1310.17 EXTERIOR FINISH.
Towers and/or telecommunication facilities allowed shall have an exterior finish which is of natural or subdued color to maximize compatibility with adjacent land uses, subject however to required FAA paintings or markings.
(Ord. 0-1017. Passed 2-12-02.)
1310.18 LANDSCAPING, SCREENING, FENCING AND BUFFER REQUIREMENTS.
(a) Landscaping shall be installed on the outside of any fencing.
(b) All telecommunication facilities, towers and antenna support structures shall be screened and landscaped. Such screening and landscaping shall include one row of evergreen shrubs or trees capable of forming a continuous hedge of at least six (6) feet in height within two (2) years of planting. A maintenance plan for the landscape materials shall also be submitted at the time of the application.
(c) All sites shall be reasonably protected against unauthorized climbing. The bottom of the tower, measured from ground level to twelve (12) feet above ground level, shall be designed in a manner to discourage unauthorized climbing. Sites shall have at least an eight (8') foot fence topped by a one (1') foot high, three-strand, barbed wire projection angled out surrounding the tower and telecommunication facilities. All fences shall be properly and adequately marked and designated in such fashion and manner so as to alert and warn an ordinarily observant person.
(d) Advertising or identification of any kind on towers, antenna support structures and telecommunication facilities shall be prohibited, except for applicable warning and equipment information signage required by the manufacturer or by Federal, State or local regulations.
(e) There shall be a buffer between towers and all residential and/or business zoned lands. Towers shall be separated from all residential and/or business zoned lands by a minimum of four hundred (400) feet. Tower separation distances from residential and/or business zoned lands shall be measured from the base of a tower to the closest point of residential and/or business property. The minimum tower separation distances from residential and/or business zoned land and from other towers shall be calculated and applied irrespective of City jurisdictional boundaries.
(Ord. 0-1017. Passed 2-12-02.)
1310.19 NONCONFORMING.
A nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than one hundred eighty (180) days. This article shall not be interpreted to legalize any structure or use existing at the time this article is adopted which structure or use is in violation of the Code prior to enactment of this article.
(Ord. 0-1017. Passed 2-12-02.)
1310.20 MAINTENANCE.
(a) Tower owners shall, at all times, employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public.
(b) Tower owners shall install and maintain towers, telecommunication facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code, BOCA, and all FCC, State, and local regulations and in such manner that will not interfere with the use of other property.
(c) All towers, telecommunication facilities, antenna support structures and fences shall at all times, be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.
(Ord. 0-1017. Passed 2-12-02.)
1310.21 ABANDONMENT.
(a) In the event that the use of a tower is discontinued, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued.
(b) A wireless telecommunications facility that is not operated for a continuous period of eighteen (18) months shall be considered abandoned. The Planning Director shall notify the owner of an abandoned facility in writing and order the removal of the facility within forty five (45) days of receipt of the written notice. The owner of the facility shall have thirty (30) days from the receipt of the notice to demonstrate to the Planning Director that the facility has not been abandoned. However, if negotiations are pending with a service provider a letter of intent shall be provided to the Planning Director prior to the expiration of the eighteen (18) months.
(c) If the owner fails to show that the facility is in active operation, the owner shall have sixty (60) days to remove the facility. If the facility is not removed within this time period, the City shall contract to have the facility removed at the owner's expense. The owner of the facility shall pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition, including the removal of roads and reestablishment of vegetation.
(d) A surety bond, or irrevocable letter of credit in an amount equal to the anticipated cost of the removal of the tower shall be supplied to the Planning Director at the time an application is made. The anticipated cost of the removal shall be based upon a certification from a Professional Engineer. The applicant shall provide the Plarming Director a copy of the policy stating that the bonding agent must provide a thirty (30) day notification of
cancellation to the City of Parkersburg. The owner of the facility may apply to the Planning Director for release of the surety when the facility and related equipment have been removed to the satisfaction of the City of Parkersburg.
(Ord. 0-1017. Passed 2-12-02.)
1310.99 PENALTY.
Any person who owns or controls any building, structure or property that violates this article shall be fined not less than three hundred dollars ($300.00) per day. Each day such violation continues after notification by the Planning Director shall constitute a separate offense.
(Ord. 0-1017. Passed 2-12-02.)