Final Subdivision and/or Land Development Applications are applicable to both Minor Subdivision and Major Subdivision and/or Land Developments. Final Subdivision and/or Land Development Applications shall contain the following items, all of which shall be compliant with the requirements of this Ordinance:
(a) Application Form. An application for final approval of a Minor Subdivision or Major Subdivision and/or Land Development, as the case may be, shall be submitted via compatible with the City’s current electronic application submission system.
(b) Final Plat. A Final Plat prepared by a registered Professional Engineer or Land Surveyor licensed to practice in the State of West Virginia and meeting the following requirements:
(1) Size and Scale. The scale of the Final Plat shall be not smaller than one-inch equals one hundred 100 feet (1” = 100’) and the sheet size shall be a minimum of eight and one-half by fourteen inches (8.5" x 14") for Minor Subdivision and/or Land Developments and twenty-four by thirty-six inches (24” x 36”) for Major Subdivision and/or Land Developments with a one and one-half inch (1-1/2”) margin for binding along the left edge. When more than one sheet is required, an index sheet of the same size shall be submitted showing the entire parcel(s) subject to the Subdivision and/or Land Development drawn to scale.
(2) Submission Requirements. One (1) electronic copy of the Final Plat shall be submitted compatible with the City’s current electronic application submission system. Following approval of the Final Subdivision and/or Land Development Application and stamping and signature of the Final Plat by the Planning Commission, one (1) electronic copy and one (1) paper/mylar copy (for Major Subdivision and/or Land Developments only) shall be returned to the Applicant as the Final Record Plat for recordation in the Office of the Clerk of Berkeley County.
(3) Survey Items and Courses. The courses, boundaries, lines, and curves shown on the Final Plat, other items related thereto, and the survey by which such items are located, shall meet the following requirements:
A. All boundaries and property corners on the Final Plat shall be referenced to magnetic meridian and show declination from true north.
B. All boundaries and property corners shown on the Final Plat shall be tied to state plane coordinates or shall be referenced to magnetic meridian and show declination from true north. If the Subdivision and/or Land Development is referenced to the state grid, northing and easting coordinates shall be shown for a minimum of three key boundary points.
C. For all boundary lines (including those of Lots created by Subdivision), lengths of courses shall be shown to the hundredths of a foot and all bearings to at least minutes. Such boundary lines shall have been determined by an accurate survey in the field, balanced and closed with an error of closure not to exceed 1:20,000.
D. True bearings and distances shall be shown to nearest established Street bounds, other established survey lines, or other official Monuments (which Monuments shall be located or accurately described on the Plat).
E. Any established survey of municipal boundaries shall be accurately marked with Monuments and located on the Final Plat.
F. The accurate location and material of all permanent Monuments shall be shown. Identify Monuments and markers according to type and whether “found”, “set”, or “to be set.”
G. Show the location and description Lot markers and permanent concrete control Monuments. The Lot markers and permanent concrete control Monuments shall be in accordance with state law. Where possible, permanent concrete Monuments should be intervisible; at least seven hundred fifty (750) feet apart; away from future roadwork; and at least two (2) per section or Block.
H. The lengths and bearings of all chords, radii, points of curvature and tangent bearings shall be accurately reflected.
(4) Contents. The Final Plat shall contain and illustrate the following information:
A. Cover Sheet.
1. Name of the proposed Subdivision and/or Land Development, which shall not duplicate or closely approximate the name of any other Subdivision in Berkeley County, and the words “Final Subdivision.”
2. The district or municipality, county and state where the subject property is located.
3. The names, addresses and telephone of the Property Owner or owners, the Owner/Developer, and the Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor who prepared the Final Plat, along with the professional’s seal.
a. A Certificate by such Professional Engineer, Professional Geologist, Licensed Landscape Architect, or Professional Land Surveyor to the effect that: the Plat represents a survey made by the professional; all Monuments and Improvements indicated thereon actually exist, and that their location, size and material are correctly shown; the professional is familiar with all requirements of this Ordinance; and, to professional’s best knowledge and belief, all requirements of this Ordinance have been fully complied therewith.
4. A vicinity map with North arrow at a scale of approximately one (1) inch equals six hundred (600) feet (1” = 600’), showing the boundary lines of the tracts and Streets immediately adjoining the parcel(s) subject to the proposed Subdivision and/or Land Development, and between the proposed Subdivision and/or Land Development and the nearest highways or thoroughfares.
5. The date of the Final Plat.
6. Sheet index.
7. Final Project Number assigned by the City Engineer/Planning Director or designee.
8. Revisions table.
9. Designation of Zoning District(s).
10. Show Building Setback lines and note the Building Setbacks on the Plat.
11. Signature Block for final approval by the Planning.
CITY PLANNING COMMISSION CERTIFICATION This Plat was approved for recordation by the City of Martinsburg, on the ____________ day of ____________, 20____________, subject to any conditions specified hereon. All expenses incurred with respect to Improvements for all utility services, paving, grading, Landscaping, curbs, gutters, sidewalks, Road lighting, Road signs, Flood protection devices, Drainage Structures and all other Improvements that may be required shall be the responsibility of the Owner/Developer and not the City. ______________________________ _____ President of the Planning Commission Date |
12. Owners Signature. For Minor and Major Subdivisions, a Statement of Acceptance placed on the Plat cover sheet, signed and dated by the Owner/Developer. The Statement shall read:
OWNER/DEVELOPER CERTIFICATION I, __________________________ Owner/Developer of the property shown hereon and described in the Surveyor’s Certificate, hereby adopt this Plan of Subdivision; establish the minimum Building restriction lines; and dedicate the Streets, alleys, walks, trails, and Open Space for public use. There are no suits, actions at law, leases, liens, mortgages, trusts, Easements, or Rights-Of-Way affecting the property other than those shown hereon and all parties in the interest thereto have hereunder affixed their signatures indicating their assent to this Plan of Subdivision. ____________________________ __________________ Owner/Developer Date |
13. Surveyors Signature. Certification of the Professional Land urveyor as to the preparation and accuracy of the Plat, along with he Professional Land Surveyor’s seal and signature. The Statement shall read:
PROFESSIONAL LAND SURVEYOR’S CERTIFICATION I ______________________ a duly registered Professional Land Surveyor in the State of West Virginia, do hereby certify that I have carefully surveyed the property delineated by this Plat and that it is correct to the best of my knowledge and belief, that it is all of the same land in the name of. I further certify that the Lots properly and accurately describe and are within the bounds of said land; that the Monuments and markers have been placed as shown hereon and are in compliance with the Subdivision and Land Development Ordinance of the City of Martinsburg. Given under my hand this ____ day of ___________. ______________________________ _____________ Professional Land Surveyor Date |
14. A computation of the total tract area and a computation of the land area included in, Lots, Rights-Of-Way and Easements.
15. Location, dimensions and area of property for public use or to be conveyed to an owner’s association. Location, dimensions and area of proposed conservation, Open Space, or restrictive Easements.
16. Note on the Plat stating:
“THIS PROPERTY IS NOT (IS) IN AN AREA DESIGNATED AS A SPECIAL FLOOD AREA, AS SHOWN ON COMMUNITY MAP/PANEL NUMBER [NUMBER], EFFECTIVE DATE [DATE].”
17. Note on the Plat stating the West Virginia DOH entrance permit number and provide a copy of the entrance permit.
18. Such other conditions, certificates, affidavits, endorsements, Dedications or agreements as may be deemed necessary by the Planning Commission.
19. Provide a list of variances/Waivers on the Final Plat cover sheet in accordance with Table 1305-2.
20. Confirm soil types and basement construction suitability.
B. Property Map (scale 100’ = 1” or less):
1. North arrow and scale (both numerical and graphic).
2. The boundary lines of the parcel(s) subject to the Subdivision and/or Land Development, accurate in scale and bearing, together with a legal description of such parcel(s).
3. The Berkeley County district tax map and parcel numbers, and deed book and page numbers of the recorded deed into the current owner(s), of each parcel subject to the Subdivision and/or Land Development.
4. The location and names of adjoining Subdivisions, and the locations and tax map and parcel numbers of adjoining parcels of land, deed book reference, Zoning District and use, together with the names of the owners of record of such parcels. Departure lines for adjoining properties shall be shown on the Plat. This shall be shown on all applicable sheets.
5. The layout, Lot numbers (matching Preliminary Plan and in sequence) and dimensions of proposed Lots.
6. Existing Easements and Rights-Of-Way accurately identified, located, dimensioned and drawn to scale. Provide reference to deed book and page and/or Plat book and page whichever applies.
7. Proposed Easements and Rights-Of-Way (Roads, sidewalks, Drainage, utilities, etc.) identified, located, dimensioned and drawn to scale. Roads shall be named.
8. Show and identify reservations of land for public or semi-public use.
9. Location, width, and names of all existing Streets or Alleys within one hundred (100) feet of the project site, including State Route numbers if applicable.
10. Descriptive lines inside the tract boundary:
a. Tract boundary - heavy dashed and two dotted lines.
b. Lot boundaries - medium solid lines.
c. Rights-Of-Way - heavy solid lines.
d. Restriction lines - medium dashed lines.
e. Easements and other reserved areas - medium dotted lines
11. Descriptive lines outside the tract boundary:
a. Property lines of adjacent tracts - medium dashed and two dotted lines.
b. Lot boundaries - light solid lines.
c. Rights-Of-Way - medium solid lines.
d. Restriction lines - light dashed lines.
e. Easements and other reserved areas - light dotted lines.
(NOTE: Descriptive lines outside the tract boundary are useful for purposes of tract location and orientation. However, such outside lines are not within the scope of the Subdivision being platted and should not be given dimensions which might confuse existing descriptions on record).
12. The location (by lines and bearings), widths (or other relevant dimensions), and names of all existing or platted Streets, Alleys, public ways, pavement and Easements/Rights-Of-Way, within and adjacent to the parcel subject to the Subdivision and/or Land Development, and other important features such as existing permanent Buildings, large trees, railroad lines, Watercourses, etc. The general purpose of Easements and Rights-Of-Way shall be indicated.
13. The location (by lines and bearings) and widths (or other relevant dimensions) of proposed Streets (together with the proposed names of such Streets, as to which the Applicant must obtain the approval of the Berkeley County Central Dispatch), public ways, pavement and Easements/Rights-Of-Way for sanitary sewers, Stormwater Management Facilities, other utilities, and other purposes, with respect to which the pavement width of Streets shall be centered upon the center line of each such Street; Easements for sanitary sewers and other utilities customarily shall be located within the paved portion of the Street Rights-of-Way and at least five (5) feet of Easement shall be provided on each side of the center of any such utility line. Where the adjoining State Road has a Right-of-Way of less than fifty (50) feet wide, a Road improvement Easement will be provided that is a minimum of twenty-five (25) feet wide measured from the existing centerline of the State Road Rights-Of-Way. All Setbacks shall be measured from the newly designated Right-of-Way.
14. The required front, side, and rear yard Setbacks as set forth in the Zoning Ordinance and incorporated herein by reference under Section 1301.08, or at a greater depth established by restrictions, covenants and/or conditions in deeds, declarations, or other documents of record (or to be recorded).
15. The accurate layout of all property intended to be dedicated for public use, together with a clear statement or designation of the public use for which any property is to be dedicated; and the accurate layout of all property intended to be reserved for the common use of the Property Owners in the Subdivision and/or Land Development, together with a clear statement or designation of such common use for which any property is to be reserved, including all private restrictions, covenants and/or conditions to which the property will be subject; provided that, all such statements, designations, restrictions, covenants and/or conditions may instead be incorporated in a proper deed or other effective declaration duly of record in the Office of the Clerk of Berkeley County or to be recorded in such office together with the Final Record Plat.
16. Delineation and location of any stream within or adjoining the subject parcel and the Floodplain.
17. Location of municipal boundary lines, if applicable.
18. Location of Zoning District boundary lines if they border upon or cross any part of a parcel subject to the proposed Subdivision and/or Land Development.
19. All survey Monuments, Lot corners, Block markers, and benchmarks, together with their description, including location and description of all USGS survey control Monuments, or equivalent.
(Ord. 2022-13. Passed 11-10-22.)