Westover City Zoning Code
ARTICLE 1375
Subdivision Application, Review and Approval
1375.01 APPLICATION PROCEDURE.
(a) Presubmission. For the purpose of expediting applications and reducing subdivision design and development costs, the applicant may request a presubmission conference, also known as sketch plat. The applicant should meet in person with the Planning Commission to discuss the proposed concept for the subdivision. The intent of such a conference is to:
(1) Classify the proposed subdivision as a major or minor subdivision;
(2) Acquaint the applicant with the substantive and procedural requirements of the subdivision ordinance proposal prior to the preparation of a detailed subdivision plat;
(3) Identify policies and regulations that create opportunities or pose significant constraints for the proposed development; and
(4) Review the proposed concept plan and consider opportunities to improve the plan and mitigate undesirable project consequences.
(b) If deemed necessary by the Planning Commission, the presubmission applicant may also meet with appropriate municipal representatives. The applicant shall not be bound by the determination of the presubmission conference nor shall the Planning Commission be bound by any such review. The applicant may be required to temporarily stake the property so that the Planning Commission can make a field trip to the subdivision site. The applicant shall provide the following documents as part of the presubmission conference:
(1) Application form and disclosure statement.
(2) Copies of all prior actions of the City Council, Planning Commission, and all other municipal entities concerning, the property proposed to be subdivided or resubdivided.
(c) Submission. A subdivision plat shall be prepared by a registered architect, licensed landscape architect, licensed land surveyor, licensed engineer, or certified professional planner. The subdivision plat shall be submitted to the Planning Commission for approval, according to the procedure detailed below. There shall be two types of subdivision plat approval: one for minor subdivisions and one for major subdivisions.
(d) Fees. All submissions for subdivision approval shall be accompanied by a fee as established by the City Council to pay for the costs of notification, planning, design, and review. The City Council shall adopt, by resolution and from time to time may amend, but not more than once annually, a schedule of fees payable by an applicant for applicants brought before the Planning Commission for determination or action. A check, draft or money order, payable to the City of Westover, shall accompany the application for preliminary plat approval.
(e) The Planning Commission shall establish rules, regulations, and forms for the administrative processing of subdivision applications. The Director of Public Works shall administer the subdivision planning process. The subdivision application and any related information shall be submitted to the Director of Public Works which in the case of a major subdivision, shall forward the application to the Planning Commission for action when such application is complete. Within thirty days of receipt of the application, the Director of Public Works shall determine whether said application is deficient. No application shall be accepted by the Planning Commission unless it is complete.
(f) Expiration of Process. A subdivision application or approval will be deemed to have expired if:
(1) A preliminary plat is not submitted within six (6) calendar months of a complete sketch plat.
(2) A final plat is not submitted within twelve (12) calendar months of a conditional approval of the preliminary plat.
(3) Final construction drawings are not submitted within six (6) calendar months of a final plat approval.
(4) Work authorized under final construction drawings is not commenced and diligently pursued within thirty months of the acceptance of the final construction drawings by the City Code Enforcement Officer.
(Ord. 494. Passed 12-7-20.)
1375.02 MINOR SUBDIVISION PROCEDURE.
(a) The subdivider/applicant shall submit a completed application form and a minor subdivisions plat to the Director of Public Works.
(b) To be considered a Minor Subdivision, the subdivision shall contain not more than five (5) lots in which all lots have frontage on an existing street, not involving any new street or the extension of municipal facilities, of the creation of any public improvements and not in conflict with any provision or portion of the Comprehensive Plan.
(c) If the minor subdivision may be exempted from additional scrutiny if it meets the following criteria. it must (1) involve the movement of lot lines in contiguous property owned by the same party, (2) involve the combination of contiguous lots owned by the same party into a single lot, or (3) involve the splitting of a property (which may include multiple contiguous lots) into two properties with one of the new properties remaining in the possession of the original owner and the other new being acquired by a family member. In such cases, the Public Works Director is empowered to administratively approve the request based upon the information from the application form and the preliminary plat. The Public Works Director shall then inform the Planning Commission of the action at its next scheduled meeting.
(d) For non-exempt minor subdivisions, if the preliminary plat meets all necessary requirements, then it shall be deemed a final plat and may be approved by the Director of Public Works. If approved, the Director of Public Works shall set a date, time, and place for a public hearing before the Planning Commission, notify the applicant in writing of the public hearing, and notifying the general public. Notice of the public hearing shall be made by the City Clerk by Class I legal advertisement in a newspaper of general circulation in the City at least twenty-one (21) days prior to the date set for the hearing. Due notice of the hearing shall additionally be mailed at the same time as the advertisement to owners of properties abutting the subject property and/or located within 200 feet of the subject property.
If the preliminary plat is not approved by the Director of Public Works, the applicant shall submit the plat to the Planning Commission on appeal.
(e) If the subdivider/applicant has satisfactorily completed the requirements of the preliminary plat and a bond acceptable to the City has been posted, then the Director of Public Works may recommend to the Planning Commission that final approval of the final plat be granted. The exhibits required under Section 1375.04 must be filed with the Director of Public Works.
(f) The approving action of the Planning Commission shall be noted on the plat and all copies. One copy shall be returned to the subdivider, one copy sent to the City Code Enforcement Officer, and one copy retained by the Commission.
(g) Recording of Final Plat. After approval of the final plat, such plat shall be recorded in the office of the County Clerk within thirty (30) days after such approval. The Planning Commission may grant an extension of time if there are unusual circumstances.
(h) Offer of Dedication. Recording of the final plat shall have the effect of an irrevocable offer to dedicate all streets and other public ways shown thereon to public use, unless a notation is placed on the final plat by the subdivider stating that there is no offer of dedication, and an irrevocable offer to dedicate or reserve as specified on the plat lands for parks, schools or other public purpose. Recording of the plat, however, shall not impose any duty on the City concerning the improvement or maintenance of any such dedicated street or lands, until the proper authorities of the City have made actual appropriation of the same by legal action. Where improvements were constructed in territory prior to its annexation into the City and prior to the acceptance by the City of any offer of dedication of improvements, the offer or shall provide, at his expense, a certificate by a professional engineer as to the compliance with the City’s and all other applicable standards of the offered streets, public ways and infrastructure improvements.
(i) No property can be part of a non-exempt minor subdivision more than once any twenty-four (24) month period. (Ord. 494. Passed 12-7-20.)
1375.03 MAJOR SUBDIVISION PROCEDURE.
(a) A subdivider/applicant will begin the process by submitting an application to the Director of Public Works with the appropriate details of the proposed subdivision. It will be followed by submission of the Preliminary Plat and then the Final Plat.
(b) Preliminary Plat Submission. Four copies of the complete preliminary plat and any supplementary material shall be submitted to the Planning Commission with written application for conditional approval at least thirty days prior to the meeting at which it is to be considered. The following steps in the review and approval process by the Planning Commission.
(c) Preliminary Plat Review, Public Hearing, and Action. The Commission shall review the submitted preliminary plat and other material and negotiate with the subdivider/applicant on changes deemed advisable and the kind and extent of improvements to be made by the subdivider/applicant. During this period, the Commission may require the applicant to obtain the approval of relevant municipal departments and commissions. The Planning Commission shall set a date, time, and place for a public hearing, notify the applicant in writing of the public hearing, and notify the general public. Notice of the public hearing shall be made by the City Clerk by Class 1 legal advertisement in a newspaper of general circulation in the City at least twenty-one (21) days prior to the date set for the hearing. Due notice of the hearing shall additional be mailed at the same time as the advertisement to owners of properties abutting the subject property and/or located within 200 feet of the subject property. Following this, the Commission shall, within forty days, act on either the submitted or modified preliminary plat. If the Commission approves the preliminary plat, the Commission shall express its approval as conditional approval and state the conditions of such approval. If the Commission disapproves the preliminary plat, the Commission shall express its disapproval and its reasons therefore. The action of the Commission shall be noted on the copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider, one copy shall be sent to the City Code Enforcement Officer and one copy shall be retained by the Commission.
(d) Conditional approval of a preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the Commission and for recording upon the fulfillment of the requirements of this Chapter and the conditions of the conditional approval.
(e) No street shall be opened, graded, improved or constructed; no water or sewer line shall be constructed; no water or sewer service shall be furnished by the City; nor shall the Building Inspector issue any building permit for any proposed structure upon any land in a subdivision until conditional approval of the subdivision has been granted by the Commission in accordance with the provisions of this Chapter. The City Code Enforcement Officer is authorized and directed to take necessary action to cause to be closed any street opened in violation of this Chapter.
(f) Final Plat Submission. The final plat shall conform substantially to the preliminary plat and conditional approval. If desired by the subdivider, the final plat may constitute only that portion of the approved preliminary plat that he proposed to record and develop at the time, provided, however, that such portion conforms to all requirements of these Subdivision Regulations. Application for approval of the final plat shall be submitted in writing, to the Commission at least thirty days prior to the meeting at which it is to be considered. Four copies of the final plat and other exhibits required for approval shall be prepared as specified in Section 1375.04 and shall be submitted to the Commission within twelve months after conditional approval of the preliminary plat; otherwise such approval shall become null and void. The Commission may grant a time extension.
(g) Final Plat Review and Action. The Commission shall review the submitted final plat. Following this, the Commission shall act within forty days to approve or disapprove the final plat. The final play may be approved if the subdivider has satisfactorily completed the requirements of the preliminary plat, all conditions of the conditional approval have been met, and a bond acceptable to the City has been posted. The exhibits required under Section 1375.04 must be filed with the Commission prior to the Commission’s decision to release the bond. The action to approve by the Commission shall be noted on the final plat and all copies. One copy shall be returned to the subdivider, one copy sent to the City Code Enforcement Officer, one copy retained by the Commission, and the fourth shall be sent to Council for its review.
(h) Recording of Final Plat. After approval of the final plat by the Planning Commission, such plat shall be recorded in the office of the County Clerk within thirty days after such approval. The Commission may grant a time extension if there are unusual circumstances.
(i) Offer of Dedication. Recording of the final plat shall have the effect of an irrevocable offer to dedicate all streets and other public ways shown thereon to public use, unless a notation is placed on the final plat by the subdivider stating that there is no offer of dedication, and an irrevocable offer to dedicate or reserve as specified on the plat lands for parks, schools or other public purpose. Recording of the plat, however, shall not impose any duty on the City concerning improvement or maintenance of any such dedicated street or lands, until the proper authorities of the City have made actual appropriation of the same by legal action. Where improvements were constructed in territory prior to its annexation into the City and prior to the acceptance by the City of any offer of dedication of improvements, the offer or shall provide, at his expense, a certificate by a professional engineer as to the compliance with the City’s and all other applicable standards of the offered streets, public ways and infrastructure improvements.
(Ord. 494. Passed 12-7-20.)
1375.04 SPECIFICATION OF DOCUMENTS TO BE SUBMITTED.
(a) Purpose. The documents to be submitted are intended to provide the approving authority with sufficient information and data to assure compliance with all municipal codes and specifications and ensure that the proposed development meets the design and improvement standards contained in this ordinance. The specification of documents to be submitted is based on the type of development and particular stage of development application.
(b) Minor Subdivision Plat. The sketch plat submitted shall be based on tax map information or some other similarly accurate base map. The map shall be of an appropriate scale with a maximum of 200 feet of the inch. It should be on paper of an appropriate size, no larger than the standard twenty-two and one-half (22 ½) by eighteen (18) inches sheets and shall show the information listed below. The image area of the standard sheet shall be no more than twenty and one-half (20 ½) inches by sixteen and one-half (16 ½) inches. There shall be a one and one-half (1 ½) inch margin on the left side of the sheet(s). The plat submission shall be made on as many separate exhibit sheets as are necessary for the information to be clearly legible.
(1) The words “sketch plat,” the proposed name of the subdivision, the words “City of Westover, Monongalia County, West Virginia,” date, true north point, graphic scale, and names and addresses of the record owner(s), subdivider(s), and person(s) responsible for the preparation of the sketch plat.
(2) A vicinity sketch or key map at a scale of 800 feet to the inch shall be shown on the preliminary plat. This map shall show the boundaries of the subdivision in relation to the surrounding streets, properties, subdivisions, and community facilities that may serve it.
(3) All existing permanent structures or buildings, railways, fences, walls, rock outcrops, wooded areas, streams, watercourses, wetlands, and other significant existing physical features within the property to be subdivided and within 100 feet of the property line.
(4) All areas where the ground slope equals or exceeds fifteen percent (15%), to be shown as shaded or cross-hatched areas.
(5) Approximate locations of floodways, floodway fringes, and special flood hazard areas as shown on the official maps published by the Federal Emergency Management Agency, if applicable.
(6) Names of all properties immediately adjacent and names of owners of all adjacent properties as disclosed by the most recent tax records.
(7) The tax map sheet, block, and lot numbers.
(8) All streets that are mapped or adjacent to the proposed subdivision.
(9) The proposed layout, including pattern of lots (with approximate dimensions and area of each lot).
(c) Presubmission (Sketch Plat) Requirements for Major Subdivision. The sketch plat submitted shall be based on tax map information or some other similarly accurate base map. The map shall be at a scale of 200 feet to the inch on standard twenty-two and one-half by eighteen inches sheets and shall show the information listed below. The image area of the standard sheet shall be no more than twenty and one-half inches by sixteen and one-half inches. There shall be a one and one-half inch margin on the left side of the sheet(s). The plat submission shall be made on as many separate exhibit sheets as are necessary for the information to be clearly legible.
(1) The words “sketch plat,” the proposed name of the subdivision, the words “City of Westover, Monongalia County, West Virginia,” date, true north point, graphic scale, and names and addresses of the record owner(s), subdivider(s), and person(s) responsible for the preparation of the sketch plat.
(2) A vicinity sketch or key map at a scale of 800 feet to the inch shall be shown on the preliminary plat. This map shall show the boundaries of the subdivision in relation to the surrounding streets, properties, subdivisions, and community facilities that may serve it.
(3) All existing permanent structures or buildings, railways, fences, walls, rock outcrops, wooded areas, streams, watercourses, wetlands, and other significant existing physical features within the property to be subdivided and within 100 feet of the property line.
(4) All areas where the ground slope equals or exceeds 15 percent, to be shown as shaded or cross-hatched areas.
(5) Approximate locations of floodways, floodway fringes, and special flood hazard areas as shown on the official maps published by the Federal Emergency Management Agency.
(6) If the proposed subdivision is to be filed in sections, delineation of such sections.
(7) Names of all properties immediately adjacent and names of owners of all adjacent properties as disclosed by the most recent tax records.
(8) The tax map sheet, block, and lot numbers.
(9) The zoning district(s) in which the property is located.
(10) All existing restrictions on the use of the property.
(11) All streets that are mapped or built within 200 feet of the proposed subdivision.
(12) The proposed layout, including pattern of lots (with approximate dimensions and area of each lot), streets, and recreation areas.
(13) A schematic layout shown in line diagram of proposed systems for drainage, public sewerage, and public water supply.
(d) Preliminary Plat Requirements for Major Subdivisions. The preliminary plat shall be at a scale of fifty feet to the inch on standard twenty-two and one-half by eighteen inches sheets. The image area of the standard sheet shall be no more than twenty and one-half inches by sixteen and one-half inches. There shall be a one and one-half inch margin on the left side of the sheet(s) and a margin of no more than one inch on the three remaining sides. The plat submission shall be made on as many separate exhibit sheets as are necessary for the information to be clearly legible. There shall be a margin for binding of one and one-half inches outside of the border along the left side. When more than one sheet is required, an additional index sheet on the same size shall be filed showing to scale and legible the entire subdivision.
(1) The words “preliminary plat,” the proposed name of the subdivision, the words “City of Westover, Monongalia County, West Virginia,” date (including revision dates, if any), true north point, graphic scale, and names and addresses of the record owner(s), subdivider(s), and the professional engineer, land surveyor, landscape architect, and certified professional planner, licensed to practice in the state of West Virginia, if applicable, responsible for the preparation of the sketch plan.
(2) All information required above in Presubmission (Sketch Plat) Requirements.
(3) Boundary line of the proposed subdivision, the lot line, street right-of-way lines, parcels of land to be dedicated or reserved to public use, setback lines, easements and other property lines, drawn to scale and with tentative dimensions.
(4) Draft of protective covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.
(5) Contours at intervals of one or two feet, whichever is the most reasonable given the site topography, referred to sea level datum.
(6) Existing and proposed sanitary sewers, storm sewers, water lines (mains), fire hydrants, culverts, drainage structures or other underground structures, with pipe sizes and locations indicated. Separate detail sheets shall be provided for relevant city departments.
(7) Tentative profiles of streets, sanitary sewers, and storm sewers.
(e) Final Plat Requirements for Major Subdivisions. The final plat, also known as the set of maps, shall be printed, inked, drawn, or photographed; it shall not be photocopied or otherwise reproduced in a medium that loses its clarity and legibility over time. The final plat medium shall be acceptable to the City Code Enforcement Officer and the County Clerk. The final plat shall be at a scale of fifty (50) feet to the inch on standard twenty-two and one-half (22 ½) by eighteen (18) inches sheets. The image area of the standard sheet shall be no more than twenty and one-half (20 ½) inches by sixteen and one-half (16 ½) inches. There shall be a one and one-half (1 ½) inch margin on the left side of the sheet(s) and a margin of no more than one (1) inch on the three remaining sides. The plat submission shall be made on as many separate exhibit sheets as are necessary for the information to be clearly legible. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale and legibly the entire subdivision. The final plat shall show in final form all information required above in preliminary plat and in addition shall provide the following information in the final form:
(1) The words “final subdivision plat,” the proposed name of the subdivision, the words “City of Westover, Monongalia County, West Virginia,” date (including revision dates, if any), true north point, graphic scale, and names and addresses of the record owner(s), subdivider(s), and the name, address, and seal of the professional engineer, land surveyor, landscape architect, and certified professional planner, licensed to practice in the state of West Virginia, if applicable, responsible for the preparation of the sketch plan.
(2) Grading plan.
(3) Erosion and sedimentation control plan. This shall include a tree and landscape preservation plan.
(4) Storm drainage facilities plan and public water supply and sewerage facilities plan. This shall include the final locations, as constructed, of all storm sewer and sanitary sewer lines, including service lines to each property line. All locations shall be referenced to the property line. Certificates of approval of the storm sewer, sanitary sewers and sewage disposal system from the Board of Health of the State, the County Health Department, the City, and the Morgantown Utility Board, as required.
(5) Boundary lines of the subdivision based on an actual field survey made and certified by a licensed land surveyor, with complete descriptive bearings and distances.
(6) The proposed lot lines with dimensions and area of each lot and building setback lines.
(7) The final layout, location, name, width, edges of pavement (curb lines), right-of-way lines, length of arcs, radii, internal angles, points of curvature, and length and bearing of all tangents and chords of all proposed streets or public ways.
(8) Dimensions and location of all paving, curbs and public sidewalks.
(9) Final grades and profiles of all streets and sewers.
(10) Location and dimensions of all easements required for construction, operation, and maintenance of proposed public improvements and locations of all points where rights to discharge storm water onto adjacent properties will be required.
(11) Location, dimension, and area of all parcels of land proposed to be dedicated to public use and conditions of such dedication.
(12) Notations concerning all underground electric, telecommunication wires (i.e., telephone, cable television, broadband internet, etc.) wires, and conduits.
(13) Location of all proposed sidewalks.
(14) Final text of protective covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the subdivision. This is to include protective covenants required in cases where two off-street parking spaces are being provided for each dwelling unit.
(15) Monuments. Permanent markers shall be placed at all corners where permanent corners do not exist, if practical; otherwise as directed by the Code Enforcement Officer. These shall be permanent markers made of concrete at least two (2) feet long and six (6) inches square or six (6) inches in diameter, with appropriate markings on top. All monuments erected, corners, and other points established in the field in their proper places shall be shown on the subdivision plat, with location and description noted.
(16) If the application covers only a part of the subdivider’s entire holding, a map of the entire tract, drawn at a scale of not more than 400 feet to the inch, showing an outline of the platted area with its proposed streets and indication of the probable future street system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract shall be submitted. The part of the subdivider’s entire holding submitted shall be considered in the light of the entire holding.
(f) The following two certificates must be labeled and completed on the final plat:
“On this, the (day) day of (month) , (year) , before me the undersigned, personally appeared (name of applicant) , who being duly sworn according to law, deposed and says that he is the (1) of the property shown on the plan, that the subdivision plat thereof was made at his/its direction, that he acknowledges the same to be his/its act and plat (2) , and that all streets (3) shown and not heretofore dedicated to the public (4) (5) (6) (7) (8) (9). My commission expires: |
(1) Insert either: owner or president of the corporation which is the owner.
(2) Whenever applicable, insert: and desires the same to be recorded as such according to law.
(3) Whenever applicable: and open spaces so labeled with proposed use.
(4) If necessary, insert: except those labeled “not for dedication,”.
(5) When necessary, signature of secretary of corporation.
(6) Signature of individual, partners or corporation president.
(7) Corporate seal.
(8) Signature.
(9) Seal of Notary Public or other officer.
“I hereby certify that I am a Civil Engineer/Surveyor registered professionally to practice in the State of West Virginia and that this plat is, in all respects, correct and was prepared from an actual survey completed by me on , . Signed . Seal Reg. No. . |
(g) Before the bond may be released, the following certifications shall be made:
(1) The City Code Enforcement Officer shall certify that all improvements have been constructed in accordance with the standard specifications of the City;
(2) All persons having a security interest in the subdivision property shall endorse the plat that they are subordinating their liens to all covenants, servitudes, and easements imposed on the property.
(h) Construction Plans. Construction plans, also know as detail sheets, shall be prepared for all required improvements, following approval of the final plat and shall be submitted to the City Code Enforcement Officer for review and approval. The City Code Enforcement Officer shall, within thirty days of the receipt of a complete set of construction plans, approve or disapprove the submission. Plans shall be drawn at a scale of no more than fifty feet to one inch. Map sheets shall be of the same standard-size as the final plat. As-built drawings shall be filed with the City. The following shall be shown on the construction plans:
(1) Profiles showing existing and proposed elevations along center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads within one hundred (100) feet of the intersection, shall be shown. Approximate radii of all curves, lengths of tangents, and central angles on all streets shall be shown.
(2) Plans and profiles showing the locations and typical cross-section of street pavements including curbs and gutters, sidewalks, drainage easements, servitudes, rights-of-way, manholes, culverts, bridges, and catch basins; the locations of the street trees, street lighting standards, and street signs; the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas, or other underground utilities or structures.
(3) Location, size, elevation, and other appropriate descriptions of any existing, facilities or utilities, including existing streets, sewers, drains, water mains, easements, water bodies, streams, and other pertinent features such as swamps, railroads, buildings, and features noted on the Official Map or Comprehensive Plan, at the point of connection to proposed facilities and utilities within the subdivision. The water elevations of adjoining lakes, ponds, rivers, or streams at the date of the survey, and the approximate high- and low-water elevations of such waterbodies or watercourse. All elevations shall be referred to the U.S.G.S datum plane. If the subdivision borders a lake, pond, river, or stream, the distances and bearings of a meander line established not less than twenty feet back from the ordinary high-water mark of such waterways.
(4) Topography at the same scale and contour interval as the preliminary plat, to sea-level datum. The datum provided shall be the latest applicable U.S. Coast and Geodetic Survey datum and should be so noted on the plat.
(5) All specifications and references required by the City’s construction standards and specifications, including a site-grading for the entire subdivision.
(6) Notation of approval as follows:
Owners Date Planning Commission President Date |
(7) Title, name, address, and signature of professional engineer and surveyor, and revision dates.
(Ord. 494. Passed 12-7-20.)