(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)