Loading...
§ 150.025 GENERAL PROCEDURE.
   (A)   Classification of subdivision. Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision is granted, the subdividing owner or his or her authorized agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedure, which includes basically two steps for a minor subdivision and three steps for a major subdivision.
      (1)   Minor subdivision:
         (a)   Sketch plat; and
         (b)   Final subdivision plat.
      (2)   Major subdivision:
         (a)   Sketch plat;
         (b)   Preliminary plat; and
         (c)   Final subdivision plat.
   (B)   Official submission dates. For the purpose of these subdivision regulations, for both major and minor subdivisions, the date of the regular meeting of the Commission at which the public hearing on final approval of the subdivision plat, including any adjourned date thereof, is closed, shall constitute the official submittal date of the plat at which the statutory period required for formal approval or disapproval of the plat shall commence to run.
(Ord. passed 2-2-2010)
§ 150.026 SKETCH PLAT.
   (A)   Discussion of requirements. Before preparing the sketch for a subdivision, the applicant is encouraged, but not necessarily obligated, to discuss with the Commission or Zoning Officer the procedure for adoption of a subdivision plat and the requirements as to general layout of streets and for reservations of land, street improvements, drainage, sewerage, fire protection and similar matters, as well as the availability of existing services. The Commission or Zoning Officer shall also advise the applicant, where appropriate, to discuss the proposed subdivision with those officials who must eventually approve these aspects of the subdivision plat coming within their jurisdiction. It is the intent of this section that such discussion is necessary and desirable to advise the applicant of all requirements so that future problems and questions can be reduced.
   (B)   Application procedure and requirements. Prior to subdividing land, an owner of the land, or his or her representative, shall file an application for approval of a sketch plat. The application shall:
      (1)   Be made on forms available at the office of the Zoning Officer;
      (2)   Include all contiguous holdings of the owner including land in the “same ownership” as defined in § 152.011, with an indication of the portion which is proposed to be subdivided, accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were required, together with the book and page of each conveyance to the present owner as recorded in the County Clerk’s office. The affidavit shall advise as to the legal owner of the property, the contract owner of the property, the date the contract of sale was executed, and, if any corporations are involved, a complete list of all directors, officers and stockholders of each corporation owning more than 5% of any class of stock;
      (3)   Be accompanied by a minimum of seven copies of the sketch plat as described in these subdivision regulations and complying in all aspects with these subdivision regulations;
      (4)   Be presented to the Zoning Officer in duplicate;
      (5)   Be accompanied by a fee as established by the city; and
      (6)   The application shall include an address and telephone number of an agent who shall be authorized to receive all notices required by these subdivision regulations.
   (C)   Classification.
      (1)   Tentative classification of the sketch plat shall be made at this time by the Commission, as to whether the subdivision is a major or minor subdivision as defined in these subdivision regulations. Subsequent to classification of the subdivision, the Commission shall place the matter on the next available regular meeting agenda of the Commission for formal approval of the sketch plat.
      (2)   Subsequent to such approval by the Commission, the applicant may proceed directly with the filing of an application for approval of a final subdivision plat as provided in these subdivision regulations if classified as a minor subdivision, and, if classified as a major subdivision, the applicant shall first file an application for approval of a preliminary plat, as provided in these subdivision regulations, before filing for final subdivision plat approval.
   (D)   Study of sketch plat.
      (1)   The Commission shall transmit the sketch plat for review to appropriate officials or agencies of the city, adjoining counties or municipalities, school and special districts, and other official bodies as it deems necessary or as mandated by law, including any review required by metropolitan, regional or state bodies under applicable state or federal law. The Commission shall request that all officials and agencies, to whom a request for review has been made, submit their report to the Commission within twenty days after receipt of the request. The Commission shall consider all the reports submitted by the officials and agencies concerning the sketch plat.
      (2)   The Commission shall study the sketch plat, taking into consideration the requirements of the subdivision regulations and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, the further development of adjoining lands as yet unsubdivided.
   (E)   Field trip. After the regular Commission meeting at which the subdivision is first discussed, the Commission may schedule a field trip to the site of the proposed subdivision, accompanied by the applicant or his or her representative. In order to facilitate field inspection and review of the site of the proposed subdivision, temporary staking along the centerline of all proposed roads in the subdivision will be required in time for such field trip, or if impracticable, the Commission shall permit a suitable alternative procedure.
   (F)   Approval of sketch plat. After reviewing and discussing the sketch plat and other reports, as submitted by invited agencies and officials, the Commission shall advise the applicant of the specific changes or additions, if any, it will require in the layout, and the character and extent of required improvements and reservations which it will require as a prerequisite to the approval of the subdivision plat. The Commission may require additional changes as a result of further study of the subdivision in final form. Such approval shall constitute authorization to prepare and submit a preliminary plat in the case of a major subdivision and a final subdivision plat in the case of a minor subdivision. Such approval or disapproval shall be made by the Planning Commission within 30 days after receiving the application for approval of a sketch plat.
(Ord. passed 2-2-2010)
§ 150.027 PRELIMINARY PLAT.
   (A)   Application procedure and requirements. Based upon the approval of the Planning Commission of the sketch plat, the applicant should file in duplicate an application for approval of a preliminary plat. The application shall:
      (1)   Be made on forms available at the office of the Zoning Officer together with the specified fee;
      (2)   Include all land which the applicant proposes to subdivide and all land immediately adjacent extending 100 feet therefrom, or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, with the names of the owners as shown in the assessor’s files. This information may be shown on a separate current tax map reproduction from the Assessor’s office showing the subdivision superimposed thereon;
      (3)   Be accompanied by a minimum of ten copies of the preliminary plat as described in these subdivision regulations;
      (4)   Be accompanied by a minimum of three copies of construction plans as described in these subdivision regulations;
      (5)   Comply in all respects with the sketch plat as approved; and
      (6)   Be presented to the Commission at least four weeks prior to a regular meeting of the Commission.
   (B)   Public hearing. The Commission shall hold a public hearing on the preliminary plat. Such hearing shall be advertised in the same manner as the subsequent public hearing on the final subdivision plat. At the time of the public hearing, the applicant shall submit an affidavit stating that he or she has notified by certified mail, return receipt requested, each adjacent or opposite owner of property as indicated on the application for subdivision approval at least 15 days prior to the public hearing, and that the applicant has placed four posters provided to him by the Commission on the four closest public roads in visible locations surrounding the proposed subdivision property.
   (C)   Preliminary approval. After the Commission has reviewed the preliminary plat and construction plans, any city recommendations and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Commission shall approve, conditionally approve or disapprove the preliminary plat within 30 days after the date of the regular meeting of the Commission at which the public hearing on preliminary approval including adjourned date thereof, is closed. One copy of the proposed preliminary plat shall be returned to the developer with the date of approval, conditional approval or disapproval and the reasons therefor accompanying the plat. Before the Commission approves a preliminary plat showing park reservation or land for other city use proposed to be dedicated to the local government, the Commission shall obtain approval of the park or land reservation from Council.
   (D)   Public improvements. The Commission may require that all public improvements are installed and dedicated prior to the signing of the subdivision plat by the Chairperson of the Commission. If the Commission does not require that all public improvements be installed and dedicated prior to signing of the subdivision plat by the Chairperson of the Commission, the amount of the bond shall be established by the Commission based upon the recommendation of the City Engineer, which bond shall be submitted by the applicant at the time of application for final subdivision plat approval. The Commission shall require the applicant to indicate on the plat all roads and public improvements to be dedicated, all special districts for water, fire and utility improvements which shall be required to be established or extended and any other special requirements deemed necessary by the Commission.
   (E)   Effective period of preliminary approval. The approval of a preliminary plat shall be effective for a period of one year at the end of which time final approval on the subdivision must have been obtained from the Commission, although the plat need not yet be signed and filed with the County Clerk. Any plat not receiving final approval within the period of time set forth herein shall be null and void, and the developer shall be required to resubmit a new plat for preliminary approval subject to all new zoning restrictions and subdivision regulations.
   (F)   Zoning regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of proposed final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to the zoning regulations rendering the plat nonconforming as to bulk or use, provided that final approval is obtained within a one-year period.
   (G)   Grading of site prior to final approval. Subsequent to preliminary approval, the developer may apply for a topsoil and excavation permit from the Commission or such other agency or person as the city shall direct, and upon receipt of such permit may commence construction to the grades and elevations required by the approved preliminary plat.
   (H)   Model homes. For the purpose of allowing the early construction of model homes in a subdivision, the Commission in its discretion may permit a portion of a major subdivision involving no more than two lots to be created in accordance with the procedures for a minor subdivision, provided such portion derives access from an existing city, township, county or state highway, and provided no future road or other improvement is anticipated where such lots are proposed. The subdivision plat for the minor portion shall be submitted to the Commission simultaneously with the preliminary plat for the entire major subdivision. Subsequent to preliminary approval, the model may be constructed, subject to such additional requirements that the Commission may require.
(Ord. passed 2-2-2010)
§ 150.028 FINAL SUBDIVISION PLAT.
   (A)   Application procedure and requirements. Following the approval of the sketch plat in the case of a minor subdivision, or of the preliminary plat in the case of a major subdivision, the applicant, if he or she wishes to proceed with the subdivision, shall file with the Commission an application for final approval of a subdivision plat. The application shall:
      (1)   Be made on forms available at the zoning office, together with the specified fee;
      (2)   Include the entire subdivision, or section thereof, which derives access from an existing state, county or local government highway;
      (3)   Be accompanied by a minimum of ten copies of the subdivision plat and the construction plans, as described in these subdivision regulations;
      (4)   Comply in all respects with the sketch plat or preliminary plat, as approved, whichever is applicable, depending upon the classification of the subdivision;
      (5)   Be presented to the Commission at least four weeks prior to a regular meeting of the Commission in order that a public hearing may be scheduled and the required 15-day notice given. The date of the regular meeting of the Commission at which the public hearing on final approval, including any adjourned date thereof, is closed, shall constitute the official submittal date of the plat for the purposes of these subdivision regulations;
      (6)   (a)   Be accompanied by all formal irrevocable offers of dedication to the public of all streets, city uses, utilities, parks and easements, in a form approved by the City Attorney, and the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows:
 
The owner, or his or her representative, hereby irrevocably offers for dedication to the city all the streets, city uses, easements, parks and required utilities shown in the within subdivision plat and construction plans in accordance with an irrevocable offer of dedication date ............... , and recorded in the Office of the County Clerk of Kanawha County.
By ___________________________________________________________ ______
Owner or Representative _______________________________________________
Date ___________________________________________________________ _____
 
         (b)   The applicant shall deliver a full covenant and warranty deed to all such lands in proper form for recording, together with a title policy for the city in the sum of not less than $10,000, which sum shall be determined by the City Attorney before signing of the final subdivision plat.
      (7)   Be accompanied by the escrow deposit certification or performance bond, if required, in a form satisfactory to the City Attorney and in an amount established by the Commission upon recommendation of the city and shall include a provision that the principal of the escrow deposit or bond shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Commission and shall include, but not be limited to, the performance of all required subdivision and off-site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the city free and clear of all liens and encumbrances on the premises;
      (8)   Be accompanied by stamped No. 10 envelopes addressed to each owner of property immediately adjacent extending 100 feet therefrom, or of that directly opposite thereto extending 100 feet from the street frontage of such opposite property owners as are correct within the knowledge of the applicant as shown on the latest tax assessment roll; and
      (9)   Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of these subdivision regulations, and by written assurance from the public utility companies and improvement districts that necessary utilities will be installed and proof that the applicant has submitted petitions in writing for the creation or extension of any improvement districts as required by the Planning Commission upon preliminary plat approval. The applicant shall also pay a $50 fee for each street sign shown in the construction plans, which street signs shall be installed by the city.
   (B)   Endorsement of health authorities. The final subdivision plat shall be properly endorsed by the Health Department or Health Officer with respect to all sewer and water facilities and that the same complies with all rules, subdivision regulations and requirements of city, regional, state and national authorities.
   (C)   Notice of public hearing. Upon receipt of the formal application and all accompanying material, the Commission shall call a public hearing for the next scheduled meeting of the Commission to be held at least 15 days after the date of the application. The Commission shall submit a notice for publication in one newspaper of general circulation to be published at least 15 days prior to the public hearing and mail notices to all property owners, as specified in division (A)(8) above, and shall maintain file copies of the plat and construction plans for public review prior to the hearing. The Commission shall furnish four posters to the applicant to be posted by the applicant on the four closest public roads in visible locations surrounding the proposed subdivision property at least ten days prior to the public hearing.
   (D)   Public hearing and determination.
      (1)   At the public hearing, the applicant shall furnish an affidavit as to placement of posters required by division (C) above and the Commission shall give an opportunity to any interested persons to examine or comment upon the plat and construction plans.
      (2)   After the public hearing, the Planning Commission shall, within 30 days after closing of the public hearing, approve, modify and approve, or disapprove the subdivision application by resolution which shall set forth in detail any conditions to which the approval is subject, or reasons for disapproval. In the final resolution, the Commission shall stipulate the period of time when the performance bond shall be filed or the required improvements installed, whichever is applicable. In no event shall an escrow deposit or performance bond be submitted later than six months from the date of final resolution, together with all required documents and completion of required procedures. In no event shall the period of time stipulated by the Commission for completion of required improvements exceed two years from the date of the final resolution. One copy of the final subdivision plat shall be returned to the subdivider with the date of approval, conditional approval or disapproval noted thereon and the reasons therefor accompanying the plat.
   (E)   Submission and review. Subsequent to the resolution of the Commission, three paper copies of the construction plans, and one copy of the original of the subdivision plat on tracing cloth, and/or reproduction Mylar, and two copies of the subdivision plat on sepia paper and two copies of the subdivision plat on paper shall be submitted to the Zoning Officer for final review. A check payable to the County Clerk in the amount of the current filing fee shall be provided. No final approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met.
   (F)   Vested rights. No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the Chairperson of the Commission. All requirements, conditions or regulations adopted by the Commission applicable to the subdivision or on all subdivisions generally shall be deemed a condition for and subdivision prior to the time of the signing of the final plat by the Chairperson of the Commission and Zoning Officer. Where the Commission has required the installation of improvements prior to signing of the final plat, the Commission shall not unreasonably modify the conditions set forth in the final approval.
(Ord. passed 2-2-2010)
§ 150.029 SIGNING AND RECORDING OF PLAT.
   (A)   Signing of plat.
      (1)   When an escrow deposit or bond is required, the Chairperson of the Commission and the Zoning Officer shall endorse approval on the plat after the escrow deposit or bond has been approved by Council, and all the conditions of the resolution pertaining to the plat have been satisfied.
      (2)   When installation of improvements is required, the Chairperson of the Commission shall endorse approval on the plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the city as shown by a certificate signed by the City Engineer and City Attorney that the necessary dedication of public lands and improvements has been accomplished.
   (B)   Recording of plat.
      (1)   The Chairperson and Zoning Officer shall sign the tracing cloth or reproducible Mylar original of the subdivision plat and two sepia prints of the subdivision plat. The sepia prints shall be returned to the applicant’s engineer.
      (2)   It shall be the responsibility of the applicant to file the plat with the County Clerk’s office within 30 days of the date of signature. Simultaneously with the filing of the plat, the Zoning Officer shall record the agreement of dedication together with such legal documents as shall be required to be recorded by the local government attorney.
   (C)   Sectionalizing major subdivision plats. Prior to granting final approval of a major subdivision plat, the Commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Commissioner may require that the performance bond be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining required escrow deposit or performance bond principal amount until the remaining sections of the plat are offered for filing. The developer may also file irrevocable offers to dedicate streets and public improvements in the sections offered to be filed and defer filing offers of dedication for the remaining sections until such sections, subject to any conditions imposed by the Commission, are granted concurrently with final approval of the plat. In the event of approval of sectionalizing, the entire approved subdivision plat including all sections shall be filed within 90 days after the date of final approval with the City Clerk’s office and such sections as have been authorized by the Commission shall be filed with the County Clerk. Such sections shall contain at least 10% of the total number of lots contained in the approval plat. The approval of all remaining sections not filed with the County Clerk shall automatically expire unless such sections have been approved for filing by the Commission, all fees paid, all instruments and offers of dedication submitted and performance bonds approved and actually filed with the Recorder of Deeds within three years of the date of final subdivision approval of the subdivision plat.
(Ord. passed 2-2-2010)
Loading...