(a) Application. On reaching conclusions informally as recommended or required in Section 1355.03 regarding the subdivision program and objectives, the subdivider may submit the preliminary plat, together with three copies of the plat and the supplementary information specified in this section inclusive, to the Planning Commission, at least twenty days prior to the meeting of the Planning Commission.
(b) Preliminary Plat Requirements. The preliminary plat shall be drawn at scale not less than 100 feet to the inch and shall be one or more sheets 24 x 36 inches in size. The preliminary plat shall contain the following information:
(1) Proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the City.
(2) Location by section, range and township or other surveys.
(3) Names, addresses and phone numbers of the owner, subdivider and professional engineer and registered surveyor who prepared the plat, and appropriate registration numbers and seals.
(4) Date of survey.
(5) Scale of the plat, north point.
(6) Boundaries of the subdivision and its acreage.
(7) Names of adjacent subdivisions, owners or adjoining parcels of unsubdivided land, and the location of their boundary lines.
(8) Locations, widths and names of existing streets, railroad rights of way, easements, parks, permanent buildings, and corporation and township lines; location of wooded areas and other significant topographic and natural features within and adjacent to the plat for a minimum distance of 200 feet.
(9) Zoning classification of the tract and adjoining properties and a description of proposed zoning changes, if any.
(10) Existing contours at an interval of not greater than two feet if the slope of the ground is fifteen percent (15%) or less; and not greater than five feet where the slope is more than fifteen percent (15%).
(11) Existing sewers, water lines, culverts and other underground structures, and power transmission poles and lines, within or adjacent to the tract.
(12) Location, names and widths of proposed streets and easements.
(13) Building setback lines with dimensions.
(14) Location and dimensions of all proposed utility and sewer lines, showing their connections with the existing system.
(15) Layout, numbers and approximate dimensions of each lot. When a lot is located on a curved street or when side lot lines are not at ninety degree angles, the width of the property line shall be shown.
(16) Parcels of land in acres to be reserved for public use or to be reserved by covenant for residents of the subdivision.
(17) A vicinity map at a scale of not less than 2,000 feet to the inch shall be shown on, or accompany, the preliminary plat. This map shall show all existing subdivisions, roads and tract lines and the nearest existing thoroughfares. It shall also show the most advantageous connections between the roads in the proposed subdivision and those of the neighboring areas.
(c) Supplementary Information. The following information shall be supplied in addition to the requirements in subsection (b) hereof.
(1) State proposed use of lots, giving type and number of dwelling units and type of business or industry.
(2) Location and approximate dimensions of all existing buildings.
(3) For commercial and industrial development, the location, dimensions and approximate grade of proposed parking and loading areas, alleys, pedestrian walks, streets, and the points of vehicular ingress and egress to the development.
(4) Description of proposed covenants and restrictions.
(d) Filing. The preliminary plat shall be considered officially filed on the day it is received by the Planning Commission and shall be so dated. A filing fee shall be charged, as indicated in Section 1351.16.
(e) Public Hearing. The Planning Commission on its own initiative or upon petition by a citizen or neighboring property owner may, prior to acting on a preliminary plat of a subdivision, hold a public hearing thereon at such time and upon such notice as the Commission may designate.
(f) Conditional Approval of Preliminary Plat.
(1) The Planning Commission shall forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. These shall include at least the City Public Works Director and the County Health Departments. After receipt of reports from such officials and agencies, the Planning Commission shall determine whether the preliminary plat shall be approved, approved with modifications or disapproved. If a plat is disapproved, the reasons for such disapproval shall be stated in writing. The Planning Commission shall act on the preliminary plat within thirty days after filing unless such time is extended by agreement with the subdivider. When a preliminary plat has been approved by the Planning Commission, the chairman shall sign all copies and return one to the subdivider for compliance with final approval requirements. Approval of the preliminary plat shall be conditional upon compliance with all other applicable statutes, ordinances, resolutions and regulations of the City and the Planning Commission.
(2) Conditional approval of a preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for final approval of the Planning Commission.
(g) Final Plat.
(1) Procedure for final plat.
A. The Subdivider shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. The final plat shall have incorporated all changes in the preliminary plat required by the Planning Commission. Otherwise, it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time.
B. A written application for approval for the final plat shall be submitted on forms provided by the Planning Commission, together with five copies of the plat and the supplementary information specified, shall be submitted to the Planning Commission. A filing fee shall be charged, as indicated in Section 1351.16.
C. Such application shall be submitted at least four weeks prior to a regular meeting of the Commission in order that a public hearing may be scheduled and the required fifteen days 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 regulations.
D. The final plat drawings and specifications of improvements shall be a set of construction and utility plans prepared by a registered professional engineer. The plans shall include typical sections, plans and profile views, construction details and estimates of quantities. Prior to the granting of approval of the final plat the subdivider shall have installed the minimum required improvements, or shall have furnished a performance bond for the amount of the estimated construction cost of the ultimate installation and the initial maintenance of the improvements.
E. The application shall be accompanied by all formal irrevocable offers of dedication to the public of all streets, local government 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 representative, hereby irrevocably offers for dedication to the City of Vienna all the streets, local government uses, easements, parks and required utilities shown in the within subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated _____________________________, and recorded in the County Clerk's Office. By_____________________________ Owner or Representative
Date_____________________________
|
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 a sum not less than $10,000 dollars, which sum shall be determined by the City Attorney before signing of the final subdivision plat.
F. The application shall be accompanied by the performance bond, if required, in a form satisfactory to the City Attorney and in an amount established by the Planning Commission and shall include a provision that the principal of the bond shall comply with all the terms of the resolutions of final subdivision plat approval as determined by the Planning 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.
G. The application shall be accompanied by stamped No. 10 envelopes addressed to each owner of property immediately adjacent 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.
H. The applicant shall pay the current cost of each street sign shown in the construction plans, which street signs shall be installed by the City.
(2) Endorsement of health authorities. The final subdivision plat shall be properly certified by the Health Department or Health Officer as required by West Virginia Department of Health regulations and policies, with respect to all sewer and water facilities and that same comply with all rules, regulations and requirements of local government, regional, State and national authorities.
(3) Notice of Public Hearing. Upon receipt of formal application and all accompanying material, the Planning Commission shall call a public hearing for the next scheduled meeting of the Planning Commission to be held at least four weeks after the date of the application. The Planning Commission will submit a notice for publication in one newspaper of general circulation to be published at least fifteen days prior to the public hearing and mail notices to all property owners, (as noted in subsection (g)(1)G. hereof), and will maintain file copies of the plat and construction plans for public review prior to the public hearing.
(4) Public hearing and determination. At the public hearing, the applicant shall furnish an affidavit as to placement of posters, and the Planning Commission will give an opportunity to any interested persons to examine or comment upon the plat and construction plans. Within thirty days after closing of the public hearing, the Planning Commission shall approve, approve with conditions, 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 Planning 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 a 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 Planning 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 therefore accompanying the plat.
(5) Submission and review. Subsequent to the resolution of the Planning Commission, three paper copies of the construction plans, and one coy 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 Planning Commission 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.
(6) 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 Chairman of the Planning Commission. All requirements, conditions or regulations adopted by the Planning Commission applicable to the subdivision or on all subdivisions generally shall be deemed a condition for any subdivision prior to the time of the signing of the final plat by the Chairman of the Planning Commission. Where the Planning Commission has required the installation of improvements prior to signing of the final plat, the Planning Commission shall not unreasonably modify the conditions set forth in the final approval.
(7) Final plat requirements. The final plat shall be legibly drawn in waterproof ink on tracing cloth or other material of equal permanence. It shall be drawn at a scale not less than 100 feet to the inch, and shall be one or more sheets 24 x 36 inches in size. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown. The final plat shall contain the following information:
A. Name of the subdivision, location by section, range and township, or by other survey number; date, north point, scale and acreage.
B. Name and address of the subdividers, and the professional engineer and/or registered surveyor who prepared the plat and appropriate registration numbers and seals.
C. Plat boundaries, based on accurate traverse, with angular and lineal dimensions. All dimensions, both linear and angular shall be determined by an accurate control survey in the field which must balance and close within the limit of one in 10,000.
D. Bearings and distances to nearest established street lines or other recognized permanent monuments.
E. Exact locations, right of way, and names of all streets within and adjoining the plat, and building setback lines.
F. Radii, internal angles, points of curvature, tangent bearings, lengths of arcs and lengths and bearings of chords of all applicable streets within the plat area.
G. All easements and rights of way provided for public services or utilities.
H. All lot numbers and lines with accurate dimensions in feet and hundredths. When lots are located on a curve, the lot width at the building setback line shall be shown.
J. Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for common use of all property owners. The use and accurate boundary locations shall be shown for each parcel of land to be dedicated.
K. A copy of any restrictions and covenants the subdivider intends to include in the deeds to the lots in the subdivision.
L. Certification by a registered surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereof exist as located and that all dimensional details are correct.
M. Notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas.
N. Typical sections and complete profiles of streets and other related improvements to be constructed in the proposed subdivision.
(8) Supplementary information. The following information shall be supplied in addition to the requirements in subsection (g)(2) hereof:
If a zoning change is involved, certification from the City Attorney shall be required indicating that the change has been approved and is in effect.
Certification shall be required showing that all required improvements have been either installed and approved by the proper officials or agencies, or that a bond or other surety has been furnished assuring installation of the required improvements.
(9) Filing. The final plat shall be filed with the Planning Commission not later than twelve months after the date of conditional approval of the preliminary plat; otherwise it will be considered void unless an extension is requested by the developer and granted in writing by the Planning Commission.
(10) Approval of final plat. The Planning Commission shall approve or disapprove the final plat within thirty days after the public hearing. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission, and a copy of such record shall be forwarded to the subdivider. The Commission shall not disapprove the final plat if the developer has done everything that he was required to do and has proceeded in accordance with the conditions and standards specified in the conditional approved preliminary plat. If disapproved the subdivider shall make the necessary corrections and resubmit the final plat within thirty days to the Commission for its final approval.
(11) Transmittal of copies. When the final plat has been approved by the Planning Commission, the original tracing shall be returned to the subdivider, for filing with the County Clerk after all necessary certifications are received.
(12) Minor subdivisions (lot splits). Approval without a plat of a minor subdivision may be granted by the Planning Commission if the proposed division of a parcel of land meets all of the following conditions:
A. The proposed subdivision is located along an existing public road and involves no opening, widening or extension of any street or road;
B. No more than two lots are involved after the original parcel has been completely subdivided;
C. The proposed subdivision is not contrary to applicable subdivision or zoning regulations;
D. The property has been surveyed and a sketch and legal description of the property is submitted with the application. If the above conditions are met, the Planning Commission shall within 30 working days after submission approve such proposed division and, upon presentation of a conveyance for such parcel, shall stamp "Approved by the City of Vienna Planning Commission; no plat required." The authorized representative of the Commission shall sign the conveyance. (Ord. 10-14. Passed 8-14-14.)