Winfield City Zoning Code
CHAPTER ONE
Subdivision Regulations
1301.01 AUTHORITY.
Pursuant to Chapter 8, Article 24 of the Code of West Virginia the Town of Winfield, West Virginia, is authorized to adopt these Subdivision Regulations for the control of plats in said town. These Regulations are a result of several revisions and amendments of the Subdivision Regulations adopted by the Town of Winfield September 6, 1994, Revised January 5, 1999, and Effective February 5, 1999.
(Ord. 2005-06-02. Passed 3-20-06.)
1301.02 SHORT TITLE.
Chapter One of this Part Thirteen - Planning and Zoning Code may be cited as the Town of Winfield Subdivision Regulations, or simply the Subdivision Regulations.
(Ord. 2005-06-02. Passed 3-20-06.)
1301.03 DEFINITIONS.
The following definitions shall apply to these Subdivision Regulations, and not necessarily to any other Town ordinance.
(a) “Alley” means a passage or way generally affording a secondary means of vehicular access to adjoining properties.
(b) “Commission” means the Winfield Planning Commission.
(c) “Development” means the improvement of a parcel or parcels of land to the benefit of the owner of that land and possibly others.
(d) “Highway” means a street providing access to local and minor streets, and which is under the control of the WV DOT Division of Highways.
(e) “Local street” means a street intended to serve and to provide access to neighborhoods.
(f) “Minor street” means any street, other than a highway, intended to serve as, and provide, access exclusively to the properties that adjoin it. A street can only be considered Minor if (1) it provides access to five (5) lots or less, (2) does not connect to a main highway or thoroughfare and (3) there is no potential for future extension of the street. If all three (3) of these cannot be met, then the street will be considered as a Local.
(g) “Person” means an individual; A private, public or quasi-public corporation for either profit or nonprofit; A partnership; An association; A governmental body or agency; or any similar entity.
(h) “Subdivide” means the division of a tract or parcel of land into two or more parcels.
(i) “Subdivision” An area of real estate composed of subdivided lots.
(See also Section 1301.07 Subdivision Classifications)
Note: Any term used in the Subdivision Regulations that is not defined herein will have the definition found in any standard dictionary.
(Ord. 2005-06-02. Passed 3-20-06.)
1301.04 COMMISSION APPROVAL REQUIRED.
(a) No person shall perform any construction, including grading, on land to be subdivided without first obtaining the Commission's preliminary plat approval.
(b) No person shall convey title or ownership to any subdivided land prior to obtaining the Commission's approval of the final plat of such a division.
(Ord. 2005-06-02. Passed 3-20-06.)
1301.05 VIOLATIONS AND PENALTIES.
(a) Any person who violates these subdivision regulations shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten dollars ($10.00) or more than one hundred dollars ($100.00), plus court costs. Each day's continuance of such violation shall be considered a separate offense; provided, that the aforesaid fine shall not begin to accrue so long as the guilty parts continues to make a good faith effort to correct the violation(s).
(b) Any person who engages in grading, clearing or other land disturbance without having first obtained preliminary plat approval from the Commission and a building permit, shall be required to restore the land, to the extent possible, to its original condition, and shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined up to one hundred dollars ($100.00). Each day's continuance of such violation shall be considered a separate offense.
(c) Appropriate actions and proceedings may be taken by law or equity to prevent any violation of these regulations, to prevent unlawful grading, clearing, filling or construction, to recover damages, or to restrain, correct or abate a violation. These remedies shall be in addition to the above penalties.
(d) The preliminary plat approval may be revoked by a legal vote of the Commission upon a finding that any of the provisions of these regulations have been, or are being, violated. The Commission may reinstate their approval of the preliminary plat when it is satisfied that said provisions will be, or have been, complied with. If a preliminary plat is permanently revoked, a request to resume the process shall be treated as a new application.
(e) The town engineer, by written order setting forth the reasons therefore, may stop all work on a subdivision upon finding that a major violation of these regulations has occurred, or is occurring, which creates an immediate or imminent threat to the public health or safety. After work is stopped no work on the subdivision, except to correct said violation specified in said order, may proceed until written authorization is given by the town engineer or the Commission. The subdivider may appeal the work stoppage to the Commission. After hearing both sides at a special appeal hearing, the Commission may reverse or modify the order if it finds that said order was unreasonable or arbitrary. The burden of proof shall rest on the subdivider.
(Ord. 2005-06-02. Passed 3-20-06.)
1301.06 BUILDING PERMIT RESTRICTION.
No building permits shall be issued prior to approval of the final plat, unless written authorization is obtained from the Winfield Planning Commission.
(Ord. 2005-06-02. Passed 3-20-06.)
1301.07 SUBDIVISION CLASSIFICATIONS.
Subdivisions shall be divided into the following three (3) classifications:
(a) Preliminary Plat - A proposed subdivision requiring construction of infrastructure improvements (i.e.: streets, sewers, etc.) shall be classified as a preliminary plat.
(b) Final Plat - A proposed subdivision has either been approved as a preliminary plat and all the improvements have been completed, or it consists of more than two (2) lots and all the infrastructure improvements are existing, shall be classified as a final plat.
(c) Administrative Subdivision.
(1) A minor adjustment of not more than two (2) lot lines of existing lots, or creation of not more than two (2) lots from a single lot, in both cases all infrastructure improvements are existing, shall be classified as an administrative subdivision. (Ord. 2005-06-02. Passed 3-20-06.)
(2) Only one subdivision may be processed as an Administrative Subdivision on each lot of record as of September 6, 1994. It is the responsibility of the applicant to reimburse the Town for the cost of researching this issue; said research to be undertaken at the time of application.
(Ord. 2009-2010-03. Passed 12-8-09.)
1301.08 GENERAL PROCEDURE.
(a) In order to obtain approval of a subdivision the following procedure shall be followed:
(1) The subdivider shall arrange a pre-application meeting with the planning staff to discuss the proposed subdivision. The subdivider shall provide a boundary survey map and a conceptual layout of the proposed streets, lots, and utilities.
(2) After such meeting, and with the staff's suggestions being incorporated in the proposal, the subdivider shall file the preliminary plat, final plat or administrative subdivision application form and pre-application filing fee (See Administrative Code Section 135.02).
(3) Upon receipt of a completed application form for a preliminary plat or final plat, the planning staff shall schedule a Commission public hearing on the application and publish a legal advertisement at least (30) days prior to such hearing giving its date, place, and hour. (Note: The legal advertisement is not required for an administrative subdivision).
(4) The planning staff shall send, by certified mail, a notice of the hearing to the property owners who own property adjacent to the tract being subdivided, the list being submitted by the applicant. (Note: The mailing of notices is not required for an administrative subdivision).
(5) The Commission shall conduct a public hearing giving an opportunity for the applicant, persons in favor and persons in opposition to voice their opinion about the application. (Note: The public hearing is not required for an administrative subdivision).
(6) Upon completion of the public hearing, the Commission shall vote on the application. (Note: The public hearing is not required for an administrative subdivision).
(7) If the conceptual plan is approved, the subdivider will submit a completed preliminary plat or final plat in accordance with the requirements of Section 1305.
(8) Upon receipt of the preliminary or final plat, the planning staff shall refer a copy to the town engineer for his review and report.
(9) If the plat is approved, the planning staff shall provide the subdivider a copy of the plat signed by staff. If the plat is approved with conditions, revisions or restrictions, the staff shall add, or have the subdivider add, such conditions, revisions or restrictions to the plat prior to signing it. If the plat is denied the staff shall provide the subdivider with a copy of the plat with the denial and the reason(s) for the denial indicated thereon.
(10) The planning staff shall retain a copy of the plat for the town's records.
(b) All the above shall also apply to a final plat that has not been previously approved as a preliminary plat by the Commission.
NOTE: Once a preliminary plat has been approved, the subdivider may take options on the new lots, but lots shall not be sold and deeds conveyed until the final plat is approved. Building permits shall be obtained for all such improvements prior to beginning construction.
(c) An administrative subdivision shall be referred to the Planning Commission’s Engineer for review and report. The planning staff shall consider such report. If the report is favorable, and there are no plat revisions necessary, the planning director, or a duly authorized staff person, shall approve the plan by signing it. If the report requires revisions, such revisions must be made prior to signing the plat. The planning staff shall file with the planning commission a report on administrative subdivisions they have approved. This report shall be done at least quarterly, and may be mailed to the commission with their monthly meeting packet.
(d) Within 30 days, the applicant shall file with the Putnam County Clerk’s office four (4) copies of the final plat or administrative subdivision plat. One (1) approved copy shall be returned to the Town of Winfield.
(e) If at any time during the application process, the applicant delays more than six (6) months responding to any request, comment, or required step the application and its process will be terminated. If the applicant wishes to proceed with seeking approval for the application, they will be required to start from the beginning including payment of all applicable fees.
(Ord. 2005-06-02. Passed 3-20-06.)
1301.09 MODIFICATIONS OR VARIANCES.
Upon finding that strict compliance with these Subdivision Regulations will cause an undue hardship on the subdivider, or that due to particular circumstances related to the subject subdivision a specific provision herein is not practical or reasonable, or due to special conditions a provision herein would be contrary to the public interest, the Commission may authorize a modification or variance of the specific provision or requirement. The burden of proof lies with the subdivider to convince the Commission of any of the above in order to justify a modification or variance. Any modification or variance authorized by the Commission and their justification finding shall be recorded in the Commission's minutes.
(Ord. 2005-06-02. Passed 3-20-06.)
1301.10 FORMS.
The Commission shall adopt for use by, and shall furnish to the subdivider, town engineer, sanitary board, and the Commission itself, all forms that will simplify the procedure and standardize the reports required by the Subdivision Regulations.
(Ord. 2005-06-02. Passed 3-20-06.)
1305.01 GENERAL REQUIREMENTS.
An application for a preliminary plat shall include the following:
(a) Completed Preliminary Plat Application Form.
(b) Preliminary Plat Application Filing Fee (See Administrative Code Section 135.02).
(c) A list of owners' names and addresses that own all the adjacent or contiguous land;
(d) Six (6) prints of the preliminary plat, which shall include:
(1) The proposed subdivision’s name, which shall not duplicate nor closely approximate any other subdivision name in Winfield.
(2) The deed book and page numbers for the subject tract, the north arrow, and scale of the plat.
(3) The name of the owner(s) of the subject tract and subdivider.
(4) The name of the registered professional engineer or licensed land surveyor. who prepared the plat, along with their signature and seal.
(5) The surveyed boundaries of the subject tract.
(6) The layout and approximate dimensions of the proposed lots.
(7) The layout, proposed names and widths of the proposed street rights-of- way, including all easements within and crossing said rights-of-way, with the proposed pavement being centered within the rights-of-way.
(8) The locations and sizes of existing and proposed sanitary sewers, sewer facilities, storm sewers, catch basins, culverts, ditches, underground structures within, and immediately adjacent to, the subject tract, together with pipe sizes, grades, and the widths and locations of easements therefore.
(9) Contours, normally at two (2) foot intervals.
(10) A vicinity sketch which helps identify the location of the subject tract as it relates to adjacent development or street patterns.
(11) The location and identity of significant buildings, large trees, watercourses, etc. within the immediately and adjacent area.
(12) All lots or parcels of land intended to be dedicated or reserved for public use, or to reserved in the deeds for the use of the proposed property owners in the subdivision, along with the purpose, conditions, or limitations of such dedications or reservations indicated.
(13) List of private restrictions or covenants and/or conditions proposed to be included in the deeds.
(14) Any intention to establish a homeowners association and the authority to be given to it.
(Ord. 2005-06-02. Passed 3-20-06.)
1305.02 CONSTRUCTION PLANS.
Construction plans for the infrastructure improvements to be installed shall be submitted for the review by the officials having jurisdiction, and approval must be received prior to the construction beginning. These plans shall include:
(a) Street profiles showing the tentative grades.
(b) Street cross sections showing the right-of-way widths, pavement widths and thickness, as well as the type of pavement and base materials, the location, width, thickness of sidewalks (if any) and the location, composition and size of utilities (See Appendix A for typical cross section).
(c) Plans and profiles of proposed sanitary and storm sewers, with grades, composition and sized indicated, or method of sanitary and storm water disposal in lieu of sanitary and storm sewers.
(d) Plan for water distribution system, showing pipe sizes and the location of valves and hydrants.
(e) Plan for other utilities such as gas, electric, cable, and telephone showing sizes and the location of all necessary appurtenances.
(f) Erosion and Sediment Control Plan (See Article 1309.06).
(g) If, in the opinion of the town engineer, there are indications of a potential runoff problem, such as steep topography, hillside areas to be graded, or neighboring built-up areas below the proposed subdivision, the town engineer may require the subdivider to submit a grading plan, signed and sealed by his engineer, identifying:
(1) Land areas to be disturbed, shown by hatching or specking such areas which will be graded, cut and filled.
(2) Stages of grading showing the limits of sections to be graded and indicating the approximate order of development.
(3) The extent of cuts and fills, shown by drawing a dashed line along the top of the cut and the toe of the fill and marking said lines with “C” for cuts and “F” for fills.
(4) Unusual material or soils in land areas to be disturbed. If there are any surface indications of unusual materials or soils that would cause street or lot instability, they should be noted and accompanied by the subdivider’s engineer’s recommendations for correcting such problem areas.
(5) The type, quantity and source of material from off-site to be used for fills should be identified.
(h) Pertinent Details (See Planning Director).
(Ord. 2005-06-02. Passed 3-20-06.)
1309.01 IMPROVEMENTS AT SUBDIVIDER’S EXPENSE.
(a) All infrastructure improvements shall be installed by properly licensed contractors and at the subdivider's expense. (Ord. 2005-06-02. Passed 3-20-06.)
(b) Improvement of existing roads and rights-of-way.
(1) When a proposed subdivision borders or gains access from an existing road or right-of-way, the Planning Commission will require realignment, widening or improvement of the road and right-of-way (with the exclusion of county, state and federal rights-of-way) to meet the minimum standards as set forth in the City of Winfield regulations. (see Section 1309.01 et seq.). The applicant shall be required to improve, at his/her expense, such road or right-of-way for widening, realignment or improvement.
(2) Where an existing road and right-of-way will be used by the proposed subdivision, the subdivider must demonstrate that the road and/or right-of- way is not detrimental to the public health, safety and welfare or injurious to other property and is in compliance with all City of Winfield regulations. The Planning Commission may require certain conditions be met to secure the objectives of the purpose of the subdivision regulations.
(3) The sole exception to the above is when a parcel is being subdivided into two (2) lots not for the purpose of resale or development for resale for any reason other than one single-family residence on each subdivided lot.
(Ord. 2012-2013-5. Passed 4-16-13.)
1309.02 STREET SPECIFICATIONS.
All proposed streets shall comply with the following specifications:
(a) Streets shall be graded to a width on either side at least six (6) feet wider than the required paving width. However, this extra width may not be required if there are no building sites adjoining the street;
(b) A minimum three (3) foot wide berm shall be provided on both sides, and have three (3) inches of compacted stone where deemed appropriate by the town engineer;
(c) Concrete streets shall have a minimum thickness of six (6) inches; consisting of a crushed stone base one (1) inch thick after compaction and a base filter fabric conforming to WV Division of Highways requirements must be installed underneath the stone, with five (5) inches of clean aggregate on top. Reinforcement shall consist of six (6) gauge wire mesh having at least a 6" x 6" spacing pattern. Expansion joints shall be made at least every sixteen (16) feet. The concrete shall meet current ASTM standards and have a minimum 28 days comprehensive strength 15 4,000 psi and the base must be inspected and approved by either the City Engineer or Building Inspector prior to pouring the concrete.
(d) Asphalt streets shall have a minimum thickness of four and one half inches (4 ½) with three (3) inches of hot laid base and one and one-half (1 ½) inches of hot laid wearing course, with a crushed stone six (6) inches thick after compaction; and base filter fabric conforming to WV Division of Highway requirements must be installed underneath the stone and the base must be inspected and approved by either the Town Engineer or Building Inspector prior to laying the asphalt.
(e) Paving shall be a minimum of twenty (20) feet wide (face of curb to face of curb where curbing is required) for minor streets, and twenty-four (24) feet wide (face of curb to face of curb where curbing is required) for local streets;
(f) Curbing shall be a minimum of six (6) inches high and wide with a concrete gutter and shall be required when the town engineer deems it necessary;
(g) Curbing within subdivisions shall be four (4) inch rolled curb;
(h) All street construction and paving shall follow normal construction methods and practices, and the town engineer shall be given an opportunity to inspect such construction during the grading, laying of the stone base, and final paving stages.
(Ord. 2005-06-02. Passed 3-20-06; Ord. 2007-08-01. Passed 11-13-07; Ord. 2011-12-6. Passed 2-14-12; Ord. 2015-16-7. Passed 1-12-16.)
1309.03 MAINTENANCE BOND (STREET DEDICATION).
The subdivider shall file a maintenance bond, or similar guarantee, as a condition of acceptance of the dedication of any street(s). The bond, or similar guarantee, shall be in the amount as considered adequate by the town engineer and prepared in a form approved by the town attorney, and it shall assure the satisfactory condition of the street(s) for a period of two (2) years from the date of the dedication acceptance. This document shall cover the costs of repairs, maintenance, or replacement of any part or all of the street(s) resulting from faulty construction, as determined by the town engineer.
(Ord. 2005-06-02. Passed 3-20-06.)
1309.04 SIDEWALKS.
When the Planning Commission deems it necessary for the safety of pedestrians they may require a sidewalk to be provided within the street right-of-way or require sidewalks, if required by law. If sidewalks are required, they must comport with the Americans with Disabilities Act. Such sidewalk shall be four (4) inches thick, with a crushed stone base four (4) inches thick after compaction and have a curb consistent with the thickness of the sidewalk. A base filter fabric conforming to WV Division of Highway requirements must be installed underneath the stone. Reinforcing shall consist of six (6) gauge wire mesh having at least a six (6) inch x six (6) inch spacing pattern. Expansion joints shall be made at least every six (6) feet.
(Ord. 2016-2017-15. Passed 8-8-17.)
(Ord. 2016-2017-15. Passed 8-8-17.)
1309.05 STORM SEWER; DRAINAGE SYSTEM.
Any development within the Town of Winfield shall be provided with a storm sewer system capable of handling, at a minimum, a 25-year storm event based on the Rational Method for post- development conditions. Two (2) copies of the drainage calculations, signed and stamped by a professional engineer in good standing with the state of West Virginia, with drainage area map(s) shall be provided to the Town Engineer. The design of the system must take into account off-site runoff that flows onto the development as well as future expansion of the development and meet, at least, the following requirements: (The Town Engineer may make additional requirements to insure the development’s storm sewer/drainage system meets minimum acceptable engineering standards and requirements).
(a) Culvert and Pipe Material.
(1) Corrugated Metal Pipes (CMP), bends and fittings shall be a minimum of 16-gague and be bituminous coated with a paved invert.
(2) Reinforced Concrete pipe meeting the requirements of ASTM.
(3) High Density Polyethylene (HPDE) pipe shall be corrugated on the outside and have a smooth interior wall. All bends and fittings shall be of the same material as the pipe.
(4) Polyvinyl Chloride (PVC) with push on joints meeting the requirements of ASTM for SDR-35 pipe.
(5) The Town Engineer must approve alternative pipe material.
(b) Inlets and Storm Manholes.
(1) Inlets shall be placed at all low points within the development.
(2) Inlet grates shall be constructed ½” below finished grade.
(3) Inlets shall be placed so that runoff does not exceed ¼” in depth at any point within the development.
(4) Inlets shall be sized to handle a 25-year storm event.
(5) Inlets located in traffic areas or parking lots or have inlet and/or outlet pipes made of Corrugated Metal or Reinforced Concrete shall be made of concrete and have a metal grate. Inlets in pedestrian or landscape areas can be PVC.
(6) Storm manholes shall be made of concrete and have a metal frame and cover.
(7) Any inlet or storm manhole over three (3) feet in depth shall have plastic reinforced steps spaced 18-inches vertically.
(8) All inlets and storm manholes shall have at least a 6-inch sediment zone below the outlet pipe.
(9) An inlet or storm manhole shall be placed at least every 400 feet for access and cleaning of the pipe.
(10) Whenever two (2) or more storm pipes confluence, an inlet or storm manhole shall be provided. No wyes or tees will be allowed, unless otherwise approved by the Planning Director.
(11) A minimum of 6-inches of crushed stone shall be placed under all inlets and/or storm manholes.
(c) Construction Methods.
(1) No pipe shall have less than 2.5 feet of cover over the crown.
(2) Culverts or pipes installed in traffic or loading areas shall have a minimum of 3.5 feet of cover over the crown, unless approved by the Town Engineer.
(3) For all inlets and storm manholes, if an outlet pipe is larger than an inlet pipe the crowns of the pipes, at a minimum, must match elevations.
(4) No culvert or storm drain shall be installed with less than a 0.40% slope, unless approved by the Town Engineer.
(5) Culverts and storm drains shall be bedded with crushed rock or stone, sand or suitable earth material as approved by the Town Engineer. The material shall have 95% passing a ¾” sieve, with no particles larger than 1½”.
(6) The trench width shall be a minimum of the nominal pipe diameter plus 24- inches (12-inches each side of the pipe).
(7) The bottom of the trench shall be excavated 6-inches below the pipe invert to provide for bedding material. Additional excavation will be required for pipes with bells. Bedding shall extend to 6-inches above the pipe crown.
(8) Suitable backfill shall be placed over the pipe and bedding in 6-inch layers. Only natural material may be used for backfill, as approved by the Town Engineer. No particles larger than 4-inches in diameter in any direction will be allowed in the backfill.
(d) Ditches and Swales.
(1) Where practical, the use of ditches and swales may be used with the approval of the Town Engineer.
(2) Ditches may be grass, rock or concrete lined. Grass lined ditches will have minimum side slopes of 4:1 to allow for mowing.
(3) The maximum allowable velocities in feet per second (fps) for ditches are as follows:
0 to 8 - Type A Matting (per WV DOH)
8 to 15 - Type B Matting (per WV DOH)
15 or Greater - Concrete or Rock Lined
(4) If rock or concrete lined ditches are proposed regardless of the velocities, matting is not required. However, rock lined ditches will require a double weed mat to prevent vegetation from growing up between the rocks.
(e) Storm Water Management Facility.
(1) In areas that have experienced or it is anticipated will experience storm water problems, any new development shall provide adequate control of storm water by means of a detention basin to accommodate a post development storm with a 2-year, 24-hour frequency, a 10-year, 24-hour frequency, and a 25-year, 24-hour frequency to be released at a rate not to exceed the predevelopment discharge for the same storm event. The facility shall be constructed with an overflow designed at a 50-year frequency. A storm water management facility will not be required if the discharge is directly to the Kanawha River and has been approved by the US Army Corps of Engineers and/or the Public Lands Corporation.
(2) Any redevelopment project that increases the existing runoff by more than 5% shall accommodate all of the runoff above the 5% increase.
(3) Unless otherwise approved by the Town of Winfield Planning Commission, all detention basins will be underground.
(4) For sizing the storm water management facility, flow rates will be determined by the Rational Method and volumes will be determined by the Abt and Grigg Method. Two (2) copies of the engineering calculations, signed and stamped by a professional engineer in good standing with the state of West Virginia, shall be provided to the Town Engineer.
(5) If approval is given for an above grade facility, it shall not be constructed in an area that would devalue or impair the use of other properties or be aesthetically displeasing. The facility will be screened on all sides with a privacy fence or slated wire fence. A lockable gate will also be provided. Some form of insect control, approved by the Town Engineer, will also be required.
(6) The use of retention basins/ponds are prohibited.
(7) The maintenance of the storm water management facility will be the sole responsibility of the owner/developer of the property.
(Ord. 2005-06-02. Passed 3-20-06.)
1309.06 EROSION, SEDIMENT AND DRAINAGE CONTROL DURING CONSTRUCTION.
During the construction of any development, the developer shall be responsible for the control of erosion, sediment and runoff from the site. The practices shall, at a minimum, meet the criteria set forth in the most recent version of the WV Division of Environmental Protection’s (DEP) Erosion and Sediment Control Manual. In addition, the following are required:
(a) Cut and fill slopes shall be no greater than 2:1, unless approved by the Town Engineer.
(b) Clearing, except that necessary to establish erosion and sediment control devices, shall not begin until all erosion and sediment control devices have been installed and stabilized.
(c) Phasing shall be required on all sites disturbing greater than 20 acres, unless approved by the Winfield Planning Commission.
(d) Erosion control requirements shall include soil stabilization within seven (7) days of clearing or inactivity in construction.
(e) Special techniques that meet the design criteria outlined in the WV DEP Erosion and Sediment Control Manual for steep slopes or in drainage ways shall be used to ensure stabilization.
(f) Soil stockpiles must be stabilized or covered at the end of each workday.
(g) The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
(h) Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(i) Techniques that divert upland runoff past disturbed slopes shall be employed.
(j) A temporary stream crossing shall be installed and approved by the WV DEP if a wet watercourse will be crossed regularly during construction.
(k) Stabilization of the watercourse channel before, during and after any in-channel work.
(l) Stabilization adequate to prevent erosion located at the outlet of all pipes and paved channels.
(m) A temporary access road provided at all sites.
(n) Silt fencing or some other approved barrier shall be placed around all disturbed areas.
(o) The developer is responsible for keeping dirt, mud and debris off of existing streets and adjacent properties. Dirt, mud and debris that are carried onto Town or private property shall be removed within 24 hours of the developer’s notification by Town’s building official or planning staff.
(p) No person or development shall be granted a building permit for land-disturbing activity that would require the disturbance of more than 1 acre without the approval of an Erosion and Sediment control plan from the WV DEP or Soil Conservation Service (SCS). However, no approval is required for any emergency activity that is immediately necessary for the protection of life, property or natural resources or existing nursery and agricultural operations conducted as a permitted main or accessory use.
(q) Upon completion of the improvements, the subdivider shall stabilize soils through re-vegetation of disturbed areas or by means as shall be required and/or approved by the town engineer.
(Ord. 2005-06-02. Passed 3-20-06.)
1309.07 MAINTENANCE BOND (DRAINAGE SYSTEM DEDICATION).
The subdivider shall file a maintenance bond, or similar guarantee, as a condition of acceptance of the dedication of any new drainage system. The bond, or similar guarantee, shall be in an amount as considered adequate by the town engineer and prepared in a form approved by the town attorney, and it shall assure the satisfactory condition of the drainage system for a period of two (2) years from the date of the dedication acceptance. This document shall cover the costs of repairs, maintenance, or replacement of any part or all of the drainage system resulting from faulty construction, as determined by the town engineer.
(Ord. 2005-06-02. Passed 3-20-06.)
1309.08 WATER DISTRIBUTION SYSTEM.
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 (See Section 1313.02 Fire hydrants). Said water distribution system and hydrants shall be installed at the subdivider's expense. Approval from the West Virginia American Water Company must be obtained prior to final approval.
(Ord. 2005-06-02. Passed 3-20-06.)
1309.09 SANITARY SEWAGE DISPOSAL.
Every subdivision shall be provided with a satisfactory sanitary sewage disposal system, as follows:
(a) 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. The subdivider shall submit the State Health Department's written approval of the sewer design prior to final action by the Commission.
(b) Where a public sanitary sewer system main is not reasonably accessible, in the opinion of the sanitary board, proper provision shall be made for the disposal of sanitary wastes, the design or construction of which must be approved by the Putnam County Health Department and/or State Health Department. The subdivider shall submit the Putnam County Health Department and/or State Health Department's written approval of the design or construction prior to final action by the Commission.
(c) When deemed necessary by the Town Sanitary Board, the developer or subdivider shall pay all costs associated with modifying the WV NPDES permit.
(Ord. 2005-06-02. Passed 3-20-06.)
1309.10 POLES AND UNDERGROUND CONDUITS.
Poles or underground conduits for electric or telephone lines shall be placed in easements provided along rear and/or side lot lines wherever this is practical.
(Ord. 2005-06-02. Passed 3-20-06.)
1309.11 MONUMENTS.
Concrete monument markers shall be placed in accordance with the laws of the State of West Virginia, and where deemed appropriate by the town engineer.
(Ord. 2005-06-02. Passed 3-20-06.)
1309.12 TRAFFIC STUDY.
The decision of need for a traffic impact study will be at the discretion of the Winfield Planning Commission and/or the West Virginia Division of Highways (WVDOH) prior to approval of the subdivision and/or building application. If a traffic impact study is required by either the Winfield Planning Commission or the WVDOH, the owner/developer is responsible for all costs associated with said study. The study should be performed as described in Section 106-1 of the latest published WVDOT Division of Highways Traffic Engineering Directives.
The owner/developer is responsible for all costs associated with any improvements that must be made based on the results of the impact study, including any improvements to Town Streets as determined by the Planning Director in conjunction with or separate from the impact study. At the discretion of the Planning Director, the need for an impact study may be waived if the development is three (3) residential lots or less, or the development has less than seven (7) parking spaces and if the WVDOH agrees to said waiver. A traffic impact study is not required for redevelopment projects that do not increase the amount of traffic, unless required by the WVDOH. Traffic count credits are not allowed.
(Ord. 2007-08-01. Passed 11-13-07.)
1309.13 ACCEPTABLE ENGINEERING STANDARDS.
All of the above standards are intended to ensure that all construction is performed according to appropriate engineering standards. The above-mentioned standards can only be deviated from if the City of Winfield's Planning Commission's Engineer issues a written opinion that some different standard would accomplish the same result according to the then-current appropriate engineering standards. This opinion must be tendered to the Planning Commission in writing before the approval of any said construction takes place.
(Ord. 2014-15-4. Passed 9-9-14.)
(Ord. 2014-15-4. Passed 9-9-14.)
1313.01 STREET LAYOUT.
(a) Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by steep topography or other physical conditions, or unless, in the opinion of the Commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision with existing layouts or the most advantageous future development of adjacent tracts; and where the extension of a street to an undeveloped or partially developed tract results in the dead-ending thereof while awaiting the full development of such adjacent tract, there shall be provided a temporary turnaround therefore as the Commission may require;
(b) Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors will permit.
(c) Alleys shall be platted as follows:
(1) In the rear of all lots to be used commercially;
(2) In the rear of residential lots fronting on highways as a means of safe access (unless service roads are provided in front thereof).
(d) Private vehicular/pedestrian access easements should be discouraged.
(Ord. 2005-06-02. Passed 3-20-06.)
1313.02 FIRE HYDRANTS.
Fire hydrants shall be installed at a rate of one for every 1,000 feet of street or fraction thereof when the fraction exceeds 500 feet, such hydrants shall be capable of producing 500 gallons per minute with 20 pound per square inch residual pressure. However, such hydrant shall be installed within 1,000 feet of adjacent hydrants, and no hydrant shall be closer than 500 feet to another hydrant. Location of such hydrants shall be approved by the fire chief.
(Ord. 2005-06-02. Passed 3-20-06.)
1313.03 MINIMUM RIGHTS-OF-WAY WIDTHS.
The minimum rights-of-way widths shall be:
(a) Local streets - Forty (40) feet or thirty (30) feet when only one side of the street will have lot frontages;
(b) Minor streets - Forty (40) feet.
(c) Alleys - Twelve (12) feet;
(d) Service or frontage roads - Twenty (20) feet.
(Ord. 2005-06-02. Passed 3-20-06.)
1313.04 MINIMUM TURNAROUND RADII.
The pavement of a turning area at the end of a dead-end street shall have a minimum outside diameter of 60 feet wherever practical, but not less than 50 feet in any case. A "T" or "Y" shaped turning area, when approved by the Commission in lieu of a turning "circle", shall extend entirely across the width of the street right-of-way and shall be at least 10 feet wide with the flared portion rounded by a minimum radii of 20 feet.
(Ord. 2005-06-02. Passed 3-20-06.)
1313.05 STREET AND ALLEY GRADES.
The grades of local and minor streets, as well as alleys, shall not exceed twelve (12) percent. Additional catch basins shall be installed on any street or portion thereof that has a grade of less than two (2) percent for more than 50 feet.
(Ord. 2005-06-02. Passed 3-20-06.)
1313.06 INTERSECTIONS.
At street and at alley intersections, property line corners shall be rounded by an arc; the minimum radii of which shall be ten (10) feet and five (5) feet, respectively.
(Ord. 2005-06-02. Passed 3-20-06.)
1313.07 LOTS.
(a) The size, area, and dimensions of lots shall be appropriate for the zoning district in which the proposed subdivision is located;
(b) Every lot shall have street frontage;
(c) Excessive depth in relation to width should be avoided;
(d) All lots zoned residential shall be at least 100 feet deep;
(e) Corner lots for residential use shall be platted at least five (5) feet wider than interior lots in order to accommodate the double front setback requirement in the Zoning Ordinance;
(f) Side lot lines shall be approximately at right angles to the street right-of-way line where practical.
(Ord. 2005-06-02. Passed 3-20-06.)
(Ord. 2005-06-02. Passed 3-20-06.)
1317.01 FINAL PLAT WITH PREVIOUSLY APPROVED PRELIMINARY PLAT.
An application for a final plat for a subdivision, which was previously granted preliminary plat approval, shall include the following:
(a) Application - Completely filled out;
(b) Filing fee (See Administrative Code Section 135.02)
(c) Six (6) prints, a reproducible copy (sepia or mylar), and, if available, an electronic version of the plat showing:
(1) The name of the subdivision;
(2) The deed book and page numbers for the subject tract, a north arrow, and the scale to which the plat is drawn;
(3) The name of the owner(s) and the subdivider of the subject tract;
(4) The name, signature and seal of the registered professional engineer or licensed land surveyor who prepared the plat;
(5) The surveyed (metes and bounds, courses and distances) of all the lot lines and the boundaries of the subject tract;
(6) The locations of all streets serving the lots in the subject tract, including their rights-of-way and pavement widths;
(7) The locations, identification and sizes of all utilities, catch basins, culverts, ditches and underground structures, together with pipe sizes, grades and the widths and location of all easements therefore;
(8) A vicinity sketch which helps identify the location of the subject tract and its proximity to other points of reference;
(9) All lots or parcels being offered for dedication or reservation for public use;
(10) A list and description of all streets being offered for dedication;
(11) A signature block to read:
APPROVED: Winfield Planning Commission
_____________________________ _______
Winfield Planning Official Date
(Ord. 2005-06-02. Passed 3-20-06.)
1317.02 FINAL PLAT WITHOUT PREVIOUSLY APPROVED PRELIMINARY PLAT.
A final plat approval may be requested for a tract of land for which no preliminary plat was approved when all the infrastructure improvements exist. All the requirements in Section 1317.01 shall apply, and contours shall also be required.
(Ord. 2005-06-02. Passed 3-20-06.)