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Westover City Zoning Code

ARTICLE 1371

General Provisions

1371.01 GENERAL PURPOSE.

   The procedures and standards for the development and subdivision of real estate and for the surveying and platting thereof, prescribed by this Chapter, are found by Council to be necessary to promote the public safety, health, and general welfare, to provide for suitable residential neighborhoods with adequate streets and utilities and appropriate building sites, to save unnecessary expenditures of public funds by reserving space for public lands and buildings and by proper construction of streets and utilities, and to provide proper land records for the convenience of the public and for better identification and permanent location of real estate boundaries.
(Ord. 494. Passed 12-7-20.)

1371.02 DEFINITION OF SUBDIVISION AND RESUBDIVISION.

   (a)   Subdivision means all divisions of a tract or parcel of land divided into two (2) or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving the opening or construction of a building development, and includes all division of land involving the opening or construction of a new street or change in existing streets, provided, however, that the following shall not be included:
      (1)   The division of land into parcels greater than five (5) acres where no street right-of-way dedication in involved.
      (2)   The public acquisition of strips of land for the widening, or opening of streets.
      (3)   A plat amendment of land in cases where plats with final approval had been granted and the lot sizes are increased. In such cases the subdivider shall file with the City an amended plat.
   (b)   Subdivision will be divided into two (2) categories: Major Subdivisions and Minor Subdivisions.
      (1)   Major Subdivision: Any subdivision not classified as a minor subdivision, and requiring new streets or the extension of any off-tract improvements.
      (2)   Minor Subdivision: Any subdivision of land involving the creation of fewer than five (5) platted lots.
   (c)   Resubdivision. Whenever a developer desires to resubdivide property lot lines on an already approved final subdivision plat, the developer shall first obtain approval for the resubdivision by the same procedures prescribed for the subdivision of land. Resubdivision is a type of subdivision involving any of the following:
      (1)   Any change in any street layout or any other public improvement;
      (2)   Any change in any lot line, whether combining lot lines or creating new lots, except where the lot sizes are increased (see plat amendment below);
      (3)   Any change in the amount of land reserved for public use or the common use of lot owners;
      (4)   Any change in any easements shown on the approved plat.
(Ord. 494. Passed 12-7-20.)

1371.03 PLANNING COMMISSION AUTHORITY AND ACTIONS.

   (a)   Authority. The Planning Commission of Westover, West Virginia (hereinafter “Planning Commission”) is vested with the authority to review, approve, conditionally approve and disapprove applications for the subdivision of land, including sketch, preliminary, and final plats. The Planning Commission may grant variances from these regulations pursuant to the provision below.
   (b)   Approval of Plant Required. Before any real property located within the City or lands that abut thereon, is subdivided and offered for sale, and before a plat for such property is recorded in the Office of the County Clerk of Monongalia County, the subdivision plat shall be approved by the Planning Commission, and such approval entered on the plat by the President, after first having been submitted to the Commission in accordance with the provisions of this Chapter.
   (c)   Amendments. For the purpose of protecting the public health, safety, and general welfare, the Planning Commission from time to time propose amendments to this Chapter which shall then be approved or disapproved by the City Council at a pubic meeting following public notice.
   (d)   Hardship. Where the Planning Commission finds that extraordinary hardship may result from strict compliance with this Chapter because of peculiar conditions pertaining to the land in questions, it may vary the requirements so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or this Chapter. In granting variances and modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
   (e)   Appeal. If the subdivider disagrees with the action taken on his proposal by the Planning Commission, he may appal such action to Council within thirty days of the time such action was taken. The applicant shall file a Notice of Appeal with the Council, with a copy of the Planning Commission, no later than ten days after the date on which the Planning Commission notifies the applicant that it has disapproved the sketch, preliminary, or final subdivision plat. The Notice of Appeal shall set forth in clear and concise fashion the basis for the appeal. The appeal shall be considered at the next regularly scheduled public meeting of the Council, at which time it may affirm or reverse the decision of the Planning Commission. The Council may reverse the decision of the Planning Commission only by a unanimous vote of the Council members present at the meeting. If the Council reverses the Planning Commission, the applicant may proceed to submit a preliminary or final plat as appropriate under the conditions for approval agreed to by the Council.
   (f)   No proposed changes, erasures, modifications, or revisions shall be made to any final plat of a subdivision after approval has been granted by the Planning Commission and endorsed in writing on the plat, unless said proposed changes, erasures, modifications, or revisions are submitted to the Planning Commission for approval.
(Ord. 494. Passed 12-7-20.)

1371.04 GUARANTEE OF IMPROVEMENTS.

   (a)   Guarantee Bond or Letter or Credit. As a condition of the acceptance by the Planning Commission of a subdivision and the streets and sidewalks constructed therein, the subdivider shall agree that he will guarantee all streets and sidewalks within his subdivision against any and all defects in workmanship and material for a period of two years from the date of such acceptance by the Planning Commission. The city Code Enforcement Officer, when in his opinion the same shall be necessary for the protection of the City, may require such subdivider to furnish and file with the City Clerk a cash bond or bond with proper surety or a letter of credit in the amount of ten percent (10%) of the cost of construction of such streets and sidewalks, conditioned upon the failure of such subdivider to construct such streets and sidewalks without defects in workmanship and material for such period of two years.
   (b)   Inspection of Improvements. The applicant shall pay to the City an inspection fee based on the estimated cost of inspection, and where the improvements are completed prior to final plat approval, the subdivision plat shall not be signed by the President of the Planning Commission unless the inspection fee has been paid at the time of application. These fees shall be due and payable upon demand of the City. No building permits or certificates of occupancy shall be issued until all fees are paid. IF the City Code Enforcement Officer finds upon inspection that any one or more of the required improvements have not been constructed in accordance with the municipality’s construction standards and specifications, the applicant shall be responsible for properly completing the improvements. The City Code Enforcement Officer shall arrange for inspection of required improvements during construction and ensure their satisfactory completion.
(Ord. 494. Passed 12-7-20.)

1371.05 PERFORMANCE BOND, ASSURANCES, OR OTHER SECURITY; START OF CONSTRUCTION.

   (a)   A statement shall be placed on all subdivision plans approved by the Planning Commission to the effect that the owner(s) agree(s) to comply with the plan and all conditions noted thereon. The installation of required site improvements (all roads, paved areas, drainage, utilities, outdoor lighting, open space and recreation, landscaping and screening, including planting) which are an integral part of the approved plan may be guaranteed by cash, performance bond, letter or credit, or other acceptable guaranty approved by the City and the city of Westover Solicitor. In the event that a satisfactory guaranty is not provided within ninety days of the date of the resolution, the subdivision plan shall be null and void. A guaranty of the improvements shall be for 100 percent of the cost of improvements.
   (b)   The said cash, performance bond or other acceptable guaranty shall be conditioned on the completion of said work set forth in the approved subdivision plan in a manner satisfactory to the Planning Commission; and the proper functioning of said systems for a period of one year from their completion. In default thereof, the said guaranty shall be forfeited; and the City of Westover shall use the amount thereof to complete any incomplete portion of the said work or to make such repairs are undertaken as are necessary to assure the proper functioning of said improvements. If any amount of money remains after the City of Westover has completed said work, such excess money will be returned to the surety or the person putting up the required deposit. The installation of all improvements shall be under the direction supervision of a West Virginia state-registered architect, landscape architect, or professional engineer.
   (c)   To obtain a building permit, an applicant shall provide to the Building Inspector proof of acceptance of guaranty by the Planning Commission. No part of the guaranty shall be released until all of the requirements of subdivision plan approval have been met, including the construction and completion of all site improvements, and their inspection and approval by the City. Regarding the start of construction of infrastructure improvements, see Section 1375.02(d) and 1375.04(g).
   (d)   The site improvements shall be fully completed in accordance with te approved plan before any new building, structure or outdoor use shown on the approved subdivision plan is occupied or used, by any existing building shown, on the approved subdivision plan is occupied with a new use. No certificate of occupancy shall be issued until all improvements shown on the approved subdivision plan are installed and an as-built drawing submitted to the Director of Public Works.
   (e)   The applicant or his developer or builder may begin infrastructure construction if preliminary subdivision plan approval has been granted and if a bond, letter of credit, ash, or other acceptable guaranty has been accepted by the City of Westover, as per this section.
(Ord. 494. Passed 12-7-20.)

1371.06 CONSULTATION WITH OTHER AGENCIES, DEPARTMENTS, AND CONSULTANTS.

   In its review of an application for subdivision approval, the Planning Commission may consult with or require the applicant to consult other City of Westover officials, agencies and its (the Planning Commission’s) designated private consultants, and with representatives of county, state and federal agencies, including but not limited to the State Department of Transportation, the State Health Department, the Department of Environmental Conservation, and the Army Corps of Engineers, as needed.
(Ord. 494. Passed 12-7-20.)

1371.07 REIMBURSABLE COSTS FOR SUBDIVISION REVIEW.

   (a)   Reasonable costs incurred by the Planning Commission for extraordinary expense, including but not limited to private consultation, in connection with the review of a proposed subdivision plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the application fee required. Maximum amounts for such reimbursable costs shall be in addition to the application fee required. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established by the City Council. Said fee schedule shall include the requirement that an escrow account be established upon the Planning Department’s receipt of the application to cover the anticipated costs for such consultant review and other expenses.
   (b)   Inspection of Improvements. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Director of Public Works and other city officials and local agencies as may be appropriate. Reasonable expenses incurred by the village for inspection by the designated City of Westover Code Enforcement Officer or other appropriate professionals shall, in addition in costs associated with subdivision plan review, be reimbursed to the city by the applicant in accordance with the fee schedule established by the City Council.
(Ord. 494. Passed 12-7-20.)

1371.08 ENACTMENT.

   (a)   In order that the land may be subdivided in accordance with these purposes and policies, these subdivision regulations are hereby adopted and made effective as of April 18, 2001.
   (b)   All applications for subdivision approval pending on the effective date of these regulations shall be reviewed under these regulations except that these regulations will not apply if preliminary plat approval was obtained prior to the effective date of these regulations and the subdivider has constructed subdivision improvements prior to submission of the final plat as required by the municipality unless the Planning Commission determine on the record that application of these regulations is necessary to avoid a substantial risk of injury to the public health, safety, and general welfare.
(Ord. 494. Passed 12-7-20.)