(a) General Requirements. These requirements and standards are considered minimums and are not intended to discourage the use of higher standards by Owners/Developers who wish to achieve more desirable results. The Planning Commission may specify additional requirements where, owing to unique or unusual characteristics, the purposes of these Regulations can be better served.
(1) In designing and developing a Subdivision or Land Development, the Applicant shall comply with the principles and requirements of this Ordinance and the Zoning Ordinance. The standards and requirements contained herein shall be considered the minimum for the promotion of the public health, safety, convenience, and general welfare.
(2) The Planning Department, in considering an application for the Subdivision or Development of land, shall be directed by the provisions of this Ordinance, the Zoning Ordinance, the Stormwater Management Ordinance, the Flood Plain Ordinance and the Martinsburg Comprehensive Plan.
(3) Land to be subdivided or developed for Building purposes shall be of such a character that it can be used safely for Building purposes without danger to health or peril from fire, Flood, or other menace.
(4) Individual Building Lots laid out on areas characterized by steep Slopes, poor soils, rock formations, Flood conditions, high water table, sewage disposal, excessive grade or similar circumstances, or other unsuitable physical features shall not be subdivided or developed unless safeguards acceptable to the Planning Department are provided. It shall be the burden of the Applicant proposing such a Lot, to prove to the Planning Department why the proposed Lot would be acceptable. The Planning Department may require the Applicant to provide appropriate safeguards as recommended by a professional geologist.
(5) All Subdivision and Land Development shall be designed to promote the following:
A. Walkability and connectivity when compatible with adjoining and compatible properties located within the City.
B. Protection of environmental resources as feasible.
C. Future transportation needs as defined in the City’s Comprehensive Plan, including approved long-range transportation planning objectives of the Planning Commission.
D. Active and passive Recreation needs.
E. Maximize use of natural topography.
F. Where suitable, a distribution of uses to enhance commercial viability and to create a livable and safe residential neighborhood.
G. Utility and Stormwater Management Planning.
(6) All Subdivision and Land Development shall be designed to include any design considerations as specified in applicable conditions of annexation.
(7) The Applicant shall describe, in text and drawing, how cemeteries, historic landmarks, gravesites, and historic Structures will be treated, preserved, and/or accommodated within the design of the Subdivision and/or Land Development.
(8) The various bulk and area regulations specified in the Zoning Ordinance are incorporated herein by reference as standards applicable to the Subdivision and Development of land located in the indicated Zoning Districts.
(9) The various provisions of the Supplemental Regulations in Article 1309
of the Zoning Ordinance are incorporated herein by reference as standards applicable to the Subdivision and Development of land, to the extent said provisions contain such standards.
(b) Lots.
(1) Minimum Lot Frontages as established in the Zoning Ordinance.
(2) Each Lot created shall have access to a public right of way unless waived by the Planning Commission. If this requirement is waived each Lot shall have adequate access to public right of way via access Easements or Private Streets.
(3) Commercial Centers, Townhouse and multi-family Lots having access to a Private Street or common parking area along a pedestrian way may be allowed by the Planning Department if all other applicable design requirements of the City are met. In such circumstances, Public Streets shall be easily accessible by residents and the primary access route(s) into the Subdivision and/or Land Development may be required by the Planning Department to be Public Streets.
(4) Side Lot lines shall be substantially at right angles or radial to Street Lines, unless variation from this rule will give a better Street Plan.
(5) Where land has been dedicated for the widening of existing Streets, Lots shall begin at such new Street Line as may be established and all Setbacks shall be measured from such line.
(6) The minimum Building Frontage along a Cul-de-sac shall be twenty-five (25) feet, measured at the front property line.
(7) Residential Lots shall not have direct access from a Primary Street.
(8) Corner Lots and Double Frontage Lots.
A. Corner Lots shall have sufficient extra width to allow Building Setbacks from all Streets as specified by the Zoning Ordinance.
B. Where both the front and rear yards abut Streets, the minimum front yard requirement of the Zoning District shall apply to any Frontage which has access to a Street. The Frontage, if any, which has no access permitted shall be subject to the rear yard requirements for the District.
(9) Lots created for essential public utilities, open space, public parks, or public facilities shall be exempt from these requirements.
(10) Any Lot annexed into the City of Martinsburg with dimensional requirements less than required shall be considered vested with the existing dimensions at the time of annexation, provided that future Subdivision and/or Land Development shall comply with all current regulations.
(c) Blocks.
(1) Block length and width shall be able to accommodate the required Lot sizes as specified for the appropriate Zoning Districts in the Zoning Ordinance.
(2) Blocks shall have a maximum perimeter boundary length of 2,050 feet and the block layout should uphold the pattern of existing Blocks where applicable.
(3) Blocks shall be of sufficient depth to permit two (2) tiers of Lots, except in the following cases:
A. Where reverse Frontage Lots are necessary;
B. Where Access Drive Units are planned; or
C. Other site-specific limitations as may be recognized by the Planning Department.
(4) Blocks shall be of size and shape as topography and Street layout dictate, but the Planning Department shall not approve Blocks that are unreasonably large or small.
(5) The corners of Blocks at Street Intersections shall be Cut back on an arc concentric with the arc of the curb line or by chord that connects the points of tangency of such an arc.
(6) The corners of Blocks shall curve at radius as determined by the City Engineer/Planning Director or designee or other agency having jurisdiction over the roadway design.
(7) Dedicated pedestrian ingress/egress shall be required where necessary to help circulation or provide access to community facilities. Such access shall have a minimum width of six (6) feet and shall comply with the other design requirements as specified in this Article 1307
.
(d) Phasing. Applications for Subdivision and/or Land Development Plan approval which propose to complete the required infrastructure Improvements in phases shall include a corresponding preliminary phasing Plan. A final phasing Plan which incorporates all required conditions of approval and details infrastructure Improvements and sequencing of the phases shall be submitted prior to any ground disturbing activities.
(1) All Phasing shall be sequentially ordered. Phasing shall only be numerically numbered as noted below:
A. Phase 1, Phase 2, Phase 3, Phase 4, etc.
B. The following is not permitted: Phase 1, Section 1 or Section 1, Phase 1, or any derivative of a similar nature.
C. In the unavoidable event that phase needs to be sub-sectioned once the phase has begun, Phase 1 can be labeled as Phase 1A and 1B if necessary.
(2) A Preliminary Plan and Plat for a Subdivision to be developed in phases shall indicate Improvements to be completed with each phase and that each phase shall be capable of operating independently.
(3) The Improvements in each phase shall be adequate to serve the Lots to be developed in that phase. Rights-Of-Way or Easements may need to be dedicated on land intended for future phases to ensure that infrastructure can be completed to function independently of future phases.
(Ord. 2022-13. Passed 11-10-22.)