(a) Minor Subdivision and Major Subdivision and/or Land Development. The procedures set forth in this article apply to Minor Subdivision and Major Subdivision and/or Land Development, which are defined as follows:
(1) Minor Subdivision. A Minor Subdivision is a Subdivision that will not require the Development or extension of off-tract infrastructure or Improvements, municipal or other local governmental facilities or Improvements, or Public Streets or Roads. Only the following shall be considered Minor Subdivision:
A. Division of one parcel into a maximum of four (4) parcels. The division of one (1) existing parcel into a maximum of four (4) proposed parcels including the remaining parent tract if, and only if, the new parcels and the residue parent tract will each:
1. Adjoin an existing Public Street or Road, and
2. Satisfy the minimum Lot size requirements for the Zoning District in which the land is located.
B. Only three (3) new parcels plus the residue parent tract may be created from a parent tract existing as of the effective date of this Ordinance pursuant to a Minor Subdivision. Any further Subdivision or Development of the new parcel or the residue parent tract will not be a Minor Subdivision and must be processed under the Major Subdivision provisions of this Ordinance. Such division shall meet the standards of Section 1305.03
(c).
C. Minor Boundary Line Adjustments. Minor boundary line adjustments, including transfer of parcels of land to achieve a boundary line settlement, where no new parcels are created.
D. Merger. Merger or consolidation of the entirety of two or more contiguous parcels of land owned by the same Person. Once merged or consolidated, the new tract shall be a single parcel and any further Subdivision or Development of that tract must comply with this Ordinance.
E. Residential Construction. The construction, erection, installation or placement of one (1) single-family residence on a single parcel or Lot; provided that, such activity shall not be considered a Land Development subject to this Ordinance (excepting only the requirements herein for a Land Disturbance Permit) if the subject Lot was specifically identified as a separate identical Lot on a Final Plat approved as part of a previously approved Final Subdivision and/or Land Development Application for a Subdivision containing said Lot.
F. Testamentary Transfers. Division of land among devisees by will or heirs by intestacy if, and only if, each resulting parcel will satisfy the minimum Lot size requirements for the Zoning District in which the land is located.
G. Judicial Partition. Division of land pursuant to court order if, and only if, each resulting parcel will satisfy the minimum Lot size requirements for the Zoning District in which the land is located.
H. Re-Surveys. Surveys of existing Lots that do not alter boundary lines (although the Metes and Bounds descriptions of such lines may vary insignificantly from prior descriptions of such lines) or reflect a Subdivision and/or Land Development in any manner.
I. Utility Lots. Utility Lots or areas created for the purpose of facilitation, metering or transmission of a legal utility such as water, sewer, electric, gas, power, telephone, or rail transportation. The deed and Plat (including the Final Record Plat) shall contain the following statement:
“THE SUBJECT PROPERTY IS DEEMED A “UTILITY LOT” AND, AS SUCH, CLASSIFIED AS A MINOR SUBDIVISION UNDER THE MARTINSBURG SUBDIVISION AND LAND DEVELOPMENT ORDINANCE THE SUBJECT PROPERTY SHALL NOT BE USED FOR ANY USE OTHER THAN THE LEGAL UTILITY FOR WHICH THE LOT WAS DESIGNED. IF THE SUBJECT PROPERTY IS TRANSFERRED OR USED FOR ANY OTHER USE, THE PRIOR MINOR SUBDIVISION SHALL BE VOID AND DEEMED NOT TO HAVE OCCURRED AND THE TRANSFER OR CHANGE IN USE SHALL BE DEEMED TO CONSTITUTE THE SUBDIVISION OF THE PROPERTY, WHICH MUST COMPLY WITH ALL PROVISIONS OF SAID ORDINANCE”
J. Notwithstanding the foregoing, if any of the following conditions apply, the subject Subdivision will not be considered a Minor Subdivision:
1. The Subdivision would create a Lot that is in more than one Zoning District;
2. The proposed Subdivision is a Planned Unit Development; or
3. If the Final Record Plat of the subject Subdivision could impact an approved special requirement or condition of the property established at an earlier date.
(2) Major Subdivision and/or Land Development. A Major Subdivision and/or Land Development is any Subdivision and/or Land Development that does not meet the criteria specified in this Ordinance for classification as a Minor Subdivision.
(b) Review Fees.
(1) Review fees for the reasonable and necessary charges for a Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor retained by the City as necessary to review and report on a Subdivision or Land Development Application for a Major Subdivision and/or Land Development shall be paid by the Applicant. Such review fees shall be established by resolution of the City Council and shall be reasonable and not more than the total rate of compensation paid by the City to the respective Professional Consultants. The City, in its discretion, may require the Applicant to establish an interest-bearing escrow account with the City to pay review fees or bill the Applicant on a monthly basis for the review fees.
(2) If the City elects to require the Applicant to establish an interest-bearing account, an initial amount to be deposited in the escrow account shall be determined by the City based upon an estimate by the City’s Professional Consultants. If necessary, to cover the cost of review fees, the Applicant shall deposit additional funds in the escrow account upon request by the City. Once all review fees have been paid, any funds remaining in the escrow account shall be refunded to the Applicant.
(3) If the City elects to bill the Applicant for review fees, the City shall provide bills to the Applicant for review fees, as referenced above, on a monthly basis. The bills for review fees shall be due and payable within thirty (30) days of the date of the bill.
(4) The Planning Commission shall require, as a condition of Subdivision and/or Land Development Application approval, that the Applicant provide payment to the City for any outstanding review fees. In the event that an Applicant fails to provide payment to the City for review fees in accordance with the bills for review fees, then:
A. The City shall not authorize the continued review of the Subdivision and/or Land Development Application for the subject Minor Subdivision or Major Subdivision and/or Land Development by the Professional Consultants; and/or
B. The Planning Commission shall act to deny the Subdivision and/or Land Development Application for the subject Minor Subdivision or Major Subdivision and/or Land Development.
(5) Subsequent to a decision on the Subdivision and/or Land Development Application for the subject Minor Subdivision or Major Subdivision and/or Land Development, the Finance Department shall submit to the Applicant an itemized bill or notice for review fees, specifically designated as a final bill or notice. The final bill or notice shall include all review fees incurred at least through the date of the decision on the application. If for any reason additional review is required subsequent to the decision, including inspections and other work to satisfy the conditions of the approval, the review fees shall be charged to the Applicant as a supplement to the final bill or notice, and shall be subject to the same payment schedule as established in subsection (b)(3) above.
(Ord. 2022-13. Passed 11-10-22.)