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CODIFIED ORDINANCES OF BOLIVAR

PART THIRTEEN – PLANNING AND ZONING CODE

An Ordinance Amending Bolivar Planning & Zoning Ordinance to include Subdivisions

Be it therefore enacted and ordained by the Council of the Corporation of Bolivar that the Bolivar Municipal Code, be modified and amended as follows:

ARTICLE 1325

Subdivisions

1325.01 Checklist, Purpose, Title

1325.02 Interpretations and Definitions

1325.03 General Provisions

1325.04 Subdivision Plat Requirements

1325.05 Private Non-Residential Subdivisions

1325.06 Guarantee of Public Improvements

1325.07 Design Standards

1325.08 Off-Site Storm Water Management

1325.09 Multi-Family Development Guidelines

1325.10 Compliance: Administration and Enforcement; Violation; Penalty

1325.11 Amendment; Variance; Appeal

1325.12 Validity; Conflict with Other Laws

1325.13 Schedule of Fees

CROSS REFERENCES

West Virginia Code, §8A-4-1 et seq.

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1325.01 CHECKLIST; PURPOSE; TITLE

(a) Checklist. The provisions of this Section shall apply to all subdivision and land development applications in this municipality. For the convenience of applicants, the municipality provides a complimentary Plan Requirements Checklist listing all the documents that this Ordinance requires to be submitted at each step of the review process. Copies of this checklist are available from the Town Office or Bolivar Planning Commission. The checklist also facilitates review by staff and officials, as they review each application for completeness and conformance with relevant ordinance provisions.

(b) Historic structures. Bolivar is a town of historical significance. However, it is not the purpose of this ordinance to create an historic district. Nor does anything in this ordinance prevent individual property owners from claiming historic significance of their Bolivar's existing architecture is a very real element of the town's landscape and its appreciation and preservation is encouraged as a benefit to future generations.

(c) Purpose. This ordinance is adopted for the following purposes:

(1) To protect and provide for the public health, safety, and general welfare of the town.

(2) To secure a community growth that is commensurate with and promotive of the efficient and economical use of public funds.

(3) To promote the harmonious development of the town and to secure safety from fire, flood and other dangers.

(4) To prevent overcrowding of the land and undue congestion of population and traffic.

(5) To protect and conserve the value of land throughout the town and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.

(6) To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, and other public requirements and facilities.

(7) To establish minimum requirements for the design, construction and maintenance of subdivision projects and to assure the development of uniform subdivision platting requirements and procedures that will result in accurate land surveys and clear land titles.

(8) To prevent the pollution of air, streams, and ponds, to safeguard the water table and to encourage the wise use management of natural resources throughout the town in order to preserve the integrity, stability, and natural beauty of the community.

(9) The size, shape, and orientation of lot(s) and sitting of buildings shall be designed to provide building sites logically related to vegetation (trees), topography, solar orientation, natural features, streets, and adjacent land uses. Lots and streets shall be designed to maximize the preservation of historical significance, scenic views, and similar assets.

(d) Title. This ordinance shall be known, cited and referred to as the Town of Bolivar Subdivision Ordinance.

1325.02 INTERPRETATIONS AND DEFINITIONS

(a) Interpretations. For the purpose of this ordinance the following interpretations shall apply:

(1) Words used in the present tense include the future tense

(2) Words used in the singular include the plural.

(3) The word “shall” or “will” is mandatory.

(4) The word “should” is advisory.

(5) The word “building” or “structure” is construed as if followed by the phrase “or part thereof”.

(6) The word “ordinance” refers to the Town of Bolivar Subdivision Ordinance.

(7) “Planning Commission” refers to the Town of Bolivar Planning Commission.

(8) “Town Council” refers to the Bolivar Town Council.

(b) Definitions. For the purpose of this ordinance, the following definitions shall apply:

(1) Alley. A public or private right-of-way primarily designed to serve as

secondary access to the side or rear of those properties whose principal frontage is on some other street.

(2) Applicant. ( Same as Subdivider ).

(3) Azimuth. A horizontal angle accruing clockwise from magnetic north or astronomical north beginning with 000° 00’00” and not exceeding 360°.

(4) Base course. The layer of a street immediately in contact with the sub-grade.

(5) Bearing. An acute horizontal angle measured clockwise or counterclockwise from north or south (magnetic or astronomical) toward the east or west.

(6) Building. See Section 1323.03

(7) Building line. See Section 1323.03

(8) Building site. A specific area within a subdivision that is identified for the location of one principal building. Building sites are outlined, dimensioned and scaled on plats but (unlike lots) are not labeled with directional references.

(9) Cart way. ( Same as Road).

(10) Community impact statement (CIS). A written report prepared by a subdivider describing the scope and feasibility of his proposed subdivision. The CIS also describes the physical, social and economic impacts a proposed subdivision may bring to the county and to the immediate area.

(11) Conservancy Lot. A large, privately owned lot constituting part of an area of open land. The purpose of the conservancy lot is to provide surrounding residents with visual access to greenway land while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be protected through conservation easements and used in conformance with standard for greenway land. Public access to conservancy lots is not required.

(12) Construction bond. A written instrument with a clause binding a subdivider to pay a certain penalty (or a portion-thereof) to the town council; conditioned, however,

with a statement that the payment of the penalty (or a portion thereof) may be avoided upon satisfactory construction and completion of improvements required within a subdivision. A construction bond is secured by a surety, by cash in escrow, or by other means satisfactory to the Bolivar Planning Commission and Town Council.

(13) Conventional subdivision. See Subdivision definition.

(14) Covenant. An agreement, restriction, or condition placed on a parcel of land which remains attached to the land and which entitles successive land owners to its

benefit or to its obligation, as the case may be.

(15) Deed. A written instrument, signed and delivered, by which a person transfers title to land.

(16) Developer. (Same as Subdivider).

(17) Dwelling unit. A room or group of rooms which serves as the living quarters for a single family or household. In multi-family structures such as apartment buildings, dwelling units are separated from one another by walls and have individual entrances

directly from the outside, or from halls, stairways, etc.

(18) Easement. A lawfully acquired right or privilege to use a parcel of land or a portion thereof for a specified purpose. An easement is retained by a person other than the owner of the land parcel.

(19) Engineer. A person who is registered (or able to be registered) as a West Virginia Professional Engineer.

(20) Flood-prone area. See Section 1323.03 Flood plain 100 year.

(21) Grade. The slope of a road, street, or other public way expressed as a percentage. A seven percent slope means a vertical drop of seven feet for every 100 feet of horizontal measurement.

(22) Greenway Land. That portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenway land may be accessible to the residents of the development and/ or the municipality, or it may contain areas of conservancy lots that are not accessible to the public.

(23) Improvements. Modifications to land which increase its value or utility. These improvements include, but are not limited to buildings and structures, road grading, road surfacing, landscaping, curbs, gutters, storm sewers and drains, sidewalks, street signs, modifications to watercourses, water supply facilities, sewage disposal facilities, and park and recreation equipment.

(24) Lot. See Section 1323.03

(25) Lot frontage. The boundary of a that lot that is in contact with a road or right- of-way. Where a lot boundary contacts more than one road, the boundary of greatest length along a road shall be considered the front of the lot.

(26) Lot of record. See Section 1323.03

(27) Lot boundary. The perimeter line enclosing a lot.

(28) Monument. A stone or concrete marker placed in the ground for the, purpose of recovering the survey of a subdivision. Monuments shall be not less than 24” inches long topped by a six” inch square or a six inch circle with proper centers.

(29) Obligee. A person in favor of whom an obligation is contracted.

(30) Person. The term "person" means one or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, legal representatives, trustees, trustees in bankruptcy, receivers and other organized groups of persons;

(31) Plan, final. The final version of a land subdivision project which is prepared according to the provisions of this ordinance and which, if approved by the Planning Commission, is recorded in the office of the clerk of Jefferson County.

(32) Plan, sketch. A preliminary version of a land subdivision project which is prepared according to the provisions of this ordinance and which assists the Planning Commission and the subdivider in reviewing the general scope, feasibility and impact of a proposed project before a particular design or layout is finalized.

(33) Plat. A scaled, graphic drawing of a land subdivision project prepared according to the provisions of this ordinance. A plat depicts the design and layout of a project as well as the location of existing and proposed property boundaries and easements. A plat also includes all terms, conditions, and performance requirements established prior to the approval of a subdivision.

(34) Principal building. The one building on a lot or building site in which the principal land use associated with the lot or building site is conducted.

(35) Public highway (road). Any highway or road in the Town of Bolivar which is part of the federal, local, or West Virginia public highway system and which is so identified and numbered on the most recent General Highway Map published by the West Virginia Department of Highways.

(36) Resubdivision. A change in a recorded subdivision plat altering the dimensions of lines and properties thereon, or altering any terms, conditions or performance requirements under which the subdivision was originally approved and recorded.

(37) Right-of-way. A right which grants passage across or through a property. A right-of-way is also the (usually dimensioned) path along which the right of passage is granted.

(38) Road. A prepared surface within a right-of-way which is intended for vehicular use. Road does not include shoulders.

(39) Road profile. A side view of the centerline of a road, showing centerline stations, grades, transition curves, lengths, and the relationship of the road to existing ground elevations.

(40) Shoulder. A smooth graded, stabilized strip of land along the sides of a road. Shoulders permit vehicles to leave a road during emergencies; contribute to carry water away from - a road to prevent erosion; and, assist to provide safe visibility.

(41) Street. See Section 1323.03

(42) Structure. Anything constructed, the use of which requires fixed location on the ground; or, anything attached to something having such location. A structure does not include fences, individual driveways, or retaining walls.

(43) Subdivide. The process of forming a subdivision.

(44) Subdivider. Any person commencing to effect the subdivision of land under the provisions of this ordinance.

(45) Subdivision. The partition or division of land into two or more lots, tracts, parcels, plots, sites, areas, units, interests, or other divisions of land, for the purpose, whether immediate or future, of offer, sale, lease, transfer of ownership, building construction, development including residential, commercial, industrial and conservation, and includes the division of land either by deed, contract of sale, metes and bound description, device, intestacy, lease, map, plat or other instrument, or by act of construction or land use. Subdivision includes resubdivision and, when appropriate to the context, shall relate to the land subdivider. Three types of subdivisions are recognized by this ordinance:

(A) Minor. A subdivision of up to 1 acre in which no earthmoving activities will take place except those incidental to construction of a single-family dwelling on each lot. As per Planning & Zoning a minor subdivision is limited to 1 house per ½ acre.

(B) Conventional.

(i) Lots s of up to 5 acres in which no earthmoving activities will take place except those incidental to construction of a single-family dwelling on each lot and in which no public or private street is constructed or is required to be widened. As per Planning, and Zoning a conventional

subdivision is limited to one house per Yz acre.

(ii) Lots in excess of 5 acres that existed within the boundaries of the Town of Bolivar at the time and date of this ordinance shall be classified as Conventional subdivisions if at the time of subdivision, the owner of said property meets the following criteria:

(a) Less than 10 single-family homes are to be constructed, including those currently occupying the lot.

(b) No earthmoving will occur in excess of that needed for residential construction.

(d) The street frontage of the existing lot may not be changed, except to allow for the construction of a driveway to rear lots, and side and rear setbacks must be within guidelines as set forth in the current Planning, Zoning and Building Ordinances. New lots may not be less than Yz acre.

C) Major. Lots greater than 5 acres are considered major subdivisions and are limited to 1 dwelling per 5 acres.

(46) Surveyor. Any person licensed to practice land surveying in the State of West Virginia.

(47) Tract. (Same as Lot, although generally applied to larger acreage).

(48) Turnaround. A circular area at the end of a dead-end road where vehicles are able to conveniently turn around without leaving the road.

(49) Variance. See Section 1323.03

[For other definitions: See Planning and Zoning, Article 1323]

1325.03 GENERAL PROVISIONS

(a) Compliance with Zoning Ordinance. Proposed subdivisions shall, to the extent permitted by law, comply with the objectives and policies of the Part 13 of the Bolivar Codified Ordinances, Bolivar Planning and Zoning.

(b) Use of all land. All portions of a tract of land being subdivided shall be taken up in lots, streets, public lands or other designated uses so that remnants and landlocked areas are not created.

(c) Health and highway laws. Laws and regulations of the West Virginia Department of Highways, the West Virginia Department of Health, and the Jefferson County Board of Health are considered minimal requirements under the provisions of this ordinance.

(d) Independent review of subdivision section. Review and approval of any section of a subdivision does not constitute an intention or responsibility on the part of the Bolivar Planning Commission to approve future sections of the subdivision. This provision shall apply regardless of improvements, expenditures, or efforts a subdivider may make (at his own risk) in anticipation of future approval by the Bolivar Planning Commission.

(e) Private contracts. Unless specified otherwise, approval of a subdivision by the Bolivar Planning Commission or the Bolivar Town Council bears no relation to any private easement, covenant, agreement, restriction or condition accompanying said subdivision nor is the responsibility of enforcing such private easement, covenant, agreement, restriction or condition assumed by the Bolivar Planning Commission.

(f) Sources of information. In order to permit a complete review and evaluation of subdivision proposals, the Bolivar Planning Commission may request information and comment from any individual, agency, or government entity. Such requests may be made at any time through correspondence, by telephone, or at meetings conducted for that purpose.

All information and comment received by the Planning Commission shall become a part of the official record for the subdivision under consideration.

(g) Jefferson County Standard Details. Detailed drawings showing designs for specific improvement details acceptable to the Jefferson County Engineer and/or Bolivar Zoning Administrator are marked Appendix C and are available for reference in Town office and Planning Commission office.

(h) Debris, waste and construction materials. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, construction material or other waste material of any kind shall be left or deposited in any area of a subdivision at the time improvements are inspected for completion by the engineer and/or zoning Administrator. No burning or burying of such materials, with or without a permit.

(i) Access to public highways. Any proposed subdivision that is not adjacent to a public highway shall be connected to a public highway by a right(s)-of-way and road(s) that meet the standards required for rights-of-way and roads within the proposed subdivision. This provision may require upgrading of rights-of-way and roads that are not owned by the subdivider and that were platted and recorded prior to the date the subdivider filed a subdivision application.

(i) Occupancy. No home or other residential structure shall be occupied in a subdivision served by a central water supply facility or a central sewage treatment facility until the home or other residential structure is connected to the appropriate water or sewage system(s) in an

operational condition as approved by the Bolivar/Harpers Ferry Public Service District, Harpers Ferry Water Works and the Bolivar Planning Commission. No commercial or industrial structure shall be used or occupied in a subdivision served by a central water supply facility or a central sewage treatment facility until the commercial or industrial structure is connected to the appropriate water or sewage system(s) in an operational condition as approved by the Bolivar Planning Commission.

(j) Flood-prone areas. Areas of a subdivision that are flood-prone shall not be improved by the construction of buildings.

(k) Inspections. All subdivisions reviewed under this ordinance are subject to announced and unannounced inspections by the engineer and/or Zoning Administrator or other designated official. Such inspections are necessary to determine project feasibility; to review the progress of construction; and, to conduct maintenance inspections of parks, roads, drainage, and water and sewage treatment systems and environmental impact.

(l) Single ownership. Land that is jointly owned by several individuals is treated by this ordinance, as though it is owned by a single entity.

(m) Storm Water Management Facilities. Storm water management facilities shall be designed and utilized as a water feature amenity and/or designed and landscaped to make it an integral part of the development.

(n) Refuse Containers. The gates and doors on the masonry refuse pads shall be of a substantial and durable material. Support posts, gate frames, hinges and latches should be of a sufficient size and strength to allow the gates to function without sagging or becoming a visual eyesore.

The numbers of refuse containers and the level of servicing shall be adequate for the development. Calculations to determine the required number should be shown on approved plans.

(o) Distribution of Parking Spaces.

(1) Parking. Each single family residential dwelling shall be provided with a minimum of three off the street parking spaces. Duplex (two family) dwellings shall be provided with six off the street parking spaces. Townhouses shall provide parking spaces with a minimum of three per residential unit. The parking spaces must show adequate access for parking and turning without endangering people, vehicles or structures.

(Bolivar Building and Housing Code, 1715.04(d)

(2) Fifty (50) percent of garage bays plus one driveway space for every lot may be counted toward meeting the total number of parking spaces required.

(3) Minimum area of parking spaces shall be 9' x 18'.

(p) Underground Utilities. Except for junction boxes, meters and existing overhead utility lines and technical or environmental reasons, all utilities shall be underground. Junction boxes should be screened.

Article 1324.04

Subdivision Plan Requirements

1324.04(a) General Procedure

(1) All preliminary and final subdivision or land development plans shall be referred to and reviewed by the Planning Commission in accordance with the procedures specified in this Article and in other sections of this ordinance. The Planning Commission has authority to approve, approve with conditions, or disapprove any: minor, conventional or major subdivision. Any application not processed as required herein shall be null and void unless it was made prior to the adoption of these regulations.

(2) Overview of Procedures. Items A-H below are required under this Ordinance. These steps shall be followed sequentially and may be combined only at the discretion of the Bolivar Planning Commission:

(A) Pre-Application Meeting

(B) Existing Resources and Site Analysis Map

(D) Pre-Sketch Plan Conference

(E) Sketch Plan Requirements and Review

(F) Final Plan: Submission and Review

(G) Planning Commission signatures

(H) Recording of approved Final Plan with County Recorder of Deeds

(3) Classification for Minor, Conventional and Major Subdivisions. For purposes of procedure, all applications shall be classified as either minor, conventional or major:

(A) Minor: Any subdivision of up to one acre in which no earthmoving activities will take place except those incidental to construction of a single-family dwelling on each lot.

(B) Conventional: Any subdivision of five acres or less in which neither of the following applies:

(i) No public or private street is constructed or is required to be widened.

(ii) No earthmoving activities will take place except those incidental to construction of a single-family dwelling on each lot.

(C) Major: Any land development or subdivision application of more than 5 acres or, for any use other than single-family residential, shall be considered a major subdivision.

(D) At the discretion of the Bolivar Planning Commission a major subdivision may be reclassified as a conventional subdivision, if it meets all of the following criteria;

(i) Less than ten (10) single family homes are built

(ii) No earthmoving activities will take place except those incidental to construction of a single-family dwelling on each lot

(iii) No public or private street is constructed or is required to be widened within the subdivision

(E) Review

(i) At the discretion of the Planning Commission, a minor or conventional subdivision may have streamlined procedures after fulfilling the requirements of Section 1324.04 (a)

(ii) Major applications shall be subject to all review procedures specified in this article.

(iii) When an application includes only a portion of a landowner's entire tract, or when such portion is contiguous to an adjoining tract of the landowner, a sketch layout shall be included showing future potential subdivision of all the contiguous lands belonging to the landowner to ensure that subdivision may be accomplished in accordance with current codes and with appropriate access. Submission and review of the sketch plan described in the following section shall not constitute approval of the future subdivision shown thereon.

(4) Pre-Application Meeting

(A) Minor and Conventional Subdivision

(i) A Pre-Application meeting is encouraged between the minor or conventional subdivision applicant, the site designer, and the Planning Commission (and/or its planning consultant) to introduce the applicant to the municipality's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings, and plan submissions as described below. Applicants are also encouraged to present the Existing Resources and Site Analysis Map at this meeting.

(ii) All necessary forms shall be supplied to the applicant during the pre- application meeting

(B) Major Subdivision

(i) A Pre-Application meeting is required between the major subdivision applicant, the site designer, and the Planning Commission to introduce the applicant to the municipality's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings, and plan submissions as described below. Applicants are also encouraged to present the Existing Resources land Site Analysis Map at this meeting.

(ii) All necessary forms shall be supplied to the applicant during the pre- application meeting

(iii) A major subdivision may be reclassified as a conventional subdivision during the pre-application meeting.

(iv) The pre-application meeting for the major subdivision applicant must occur during a regularly scheduled Bolivar Planning Commission meeting.

(b) Preliminary Requirements and Review

(1) Application Cover Sheet

(A) The applicant shall complete and sign the application form provided by the Town and shall accompany such application form with the type and number of plans,

documents and other submissions required, and the appropriate filing fee(s), including impact fees. The applicant must identify the name, address, and telephone number of the record holder of legal title to the land involved (if different from the applicant); the nature of the applicant's interest in the land (whether holder of legal or equitable title or otherwise); and the name, address, and telephone number of the agent, if any. No application shall be deemed filed unless all requirements have been met and all fees therefore paid in full.

(2) Preliminary Maps

(A) Site Context Map. All applicants shall submit a map showing the location of the proposed subdivision within its neighborhood context. Such maps shall be at a scale not less than 1 inch = 200 feet and shall show the relationship of the subject property to natural and humanmade features existing within 300 feet of the site. The features that may be shown on Site Context Maps include topography (from USGS maps), stream valleys, wetland complexes (from maps published by the U.S. Fish & Wildlife Service or the USDA Natural Resources Conservation Service), woodlands over one- half acre in area, ridge lines, public roads and trails, utility easements and rights-of- way, public land, and land protected under conservation easements.

(B) Existing Resources and Site Analysis Map. All Applicants shall submit an Existing Resources and Site Analysis Map. This map shall form the basis for the development design as shown on the diagrammatic Sketch Plan, see section

1324.04 (c).

The Existing Resources Site Analysis Map will provide the developer and the municipality with a comprehensive analysis of existing conditions both on the proposed development site and within 500 feet of the site. The Bolivar Planning Commission shall review the Map to assess its accuracy, conformance with town ordinances, and likely impact upon natural and cultural resources on the property. Unless otherwise specified by the Planning Commission, such maps shall generally be prepared at the scale of 1 inch = 100 feet or 1 inch = 200 feet, whichever would fit best on a single standard size sheet (24 inches x 36 inches). The following information shall be included on this Map:

(i) Topography, the contour lines of which shall generally be at two-foot intervals. The determination of appropriate contour intervals shall be made by the Planning Commission, which may specify greater or lesser intervals on exceptionally steep or flat sites. Slopes between 15 and 25 percent and those exceeding 25 percent shall be clearly indicated. Topography for major subdivisions shall be prepared by a professional land surveyor or professional engineer.

(ii) The location and delineation of ponds, streams, ditches, drains, and natural drainage swales, as well as the 100-year floodplains and wetlands.

Additional areas of wetlands on the proposed development parcel shall also be indicated, as evident from testing, visual inspection, or the presence of wetland vegetation.

(iii) Vegetative cover conditions on the property according to general cover type, including cultivated land permanent grassland, meadow, pasture, old field, hedgerow, woodland and wetland, trees with a caliper in excess of 15 inches, the actual canopy line of existing trees and woodlands.

(iv) Soil series, types, and phases, mapped if required. See Planning and Zoning, 1313.04(b)(5).

(v) Ridge lines and watershed boundaries shall be identified.

(vi) Geologic formations on the proposed development parcel, including rock outcroppings, cliffs, and sinkholes based on available published information or more detailed data obtained by the applicant.

(vii) All existing human-made features, including but not limited to streets, driveways, farm roads, woods roads, buildings, foundations, walls, wells, drainage fields, dumps, utilities, fire hydrants, and storm and sanitary sewers.

(viii) Locations of all historically significant sites or structures on the tract, including but not limited to cellar holes, stone walls, earthworks, and graves.

(vix) Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.)

(x) All easements and other encumbrances of property that are or have been filed of record with the Recorder of Deeds of Jefferson County shall be shown on the plan.

(xi) Total acreage of the tract, plus the Adjusted Tract Acreage with detailed supporting calculations (See Planning and Zoning, 1317.04.)

(i) Nine (9) copies of the Site Context Map, Existing Resources Map, and Site Analysis Map shall be submitted by the applicant at a regularly scheduled Bolivar Planning Commission meeting.

(ii) Maps may be submitted during the pre-application meeting.

(iii) Site Inspection shall not be scheduled until all maps have been reviewed.

(3) Site Inspection

(A) After preparing the Existing Resources and Site Analysis Map, the applicant shall arrange for a site inspection of the property by the Planning Commission and other municipal officials, if required. Applicants, their site designers, and the landowner are encouraged to accompany the Planning Commission. The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated greenway lands (if applicable) and potential locations for proposed buildings and street alignments. Comments made by municipal officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the Site Inspection.

(B) The Site Inspection shall occur no later than fifteen (15) calendar days from the submission of the preliminary maps

(4) Post-Site Inspection Conference

(A) Following the site inspection and prior to the submission of a Sketch Plan, the applicant shall meet with the Planning Commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the procedures described in this ordinance. At the discretion of the Planning Commission, this conference may be combined with the site inspection.

(B) The Post-Site Inspection Conference must occur within ten (10) calendar days of the Site Inspection.

(C) The Bolivar Planning Commission shall decide at the Post-Site Inspection Conference, if any Preliminary studies shall be required as part of the Sketch Plan or Final Plan.

(c) Sketch Plan Requirements and Review

(1) The Sketch Plan is a preliminary engineered scale drawing in which layout ideas are illustrated, but before heavy engineering costs are incurred in preparing detailed alignments and profiles for streets and/or detailed calculations for stormwater man - agement.

(2) The Sketch Plan shall illustrate a conceptual layout for greenway lands, house sites, and street alignments and shall be based closely upon the information contained in the Existing Resources and Site Analysis Map (see below). The Sketch Plan shall be designed in accordance with the application process described in Section 1325.04 of this ordinance and with the design review standards listed in Section 1325.07.

(3) Sketch Plan Requirements

(A) General Word Description

The General Word Description shall outline the existing conditions of the site and the proposed developments as necessary to supplement the drawings required below. Refer to zoning procedures for additional information. This information shall include:

(i) Name and address of the legal owner, the equitable owner, and/or the applicant;

(ii) Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or site designer responsible for preparing the plan;

(iii) Existing covenants;

(iv) Available community facilities;

(v) Number of proposed lots;

(vi) List of lots, including lot width, depth, and area;

(vii) In the case of land development plans, proposed location of buildings and major structures, parking areas, and other improvements;

(viii) General description of proposed utilities, to include method of water supply, sewage disposal, and stormwater management. Permission from water and sewer companies, as required for a regular building permit.

(ix) Approximate tract boundaries, sufficient to locate the tract on a map of the municipality;

(x) Streets on and adjacent to the tract (both existing and proposed);

(xi) 100-year floodplain limits, and approximate location of wetlands, if any;

(xii) List all topographic, physical, and cultural features including fields, pastures meadows, wooded areas, trees with a diameter of 15 inches or more, hedgerows and other significant vegetation steep slopes (over 25 percent), rock outcrops, soil types, ponds, ditches, drains, dumps, storage tanks, streams within two hundred (200) feet of the tract, existing right-of-way and easements, and cultural features such as all structures, foundations, walls, wells, trails, and abandoned roads;

(xiii) Describe any proposed land conservation measures.

(B) Location Map. The Location Map shall be drawn to a scale of approximately 1 inch = 200 feet with north arrow and tax map designation.

(C) Land Use Overlay Map. The Land Use Overlay Map shall show the proposed layout of streets, lots, and proposed land uses. This may be prepared as a simple overlay sheet placed on top of the Existing Resources Analysis Map or by copying the Existing Resource Map with streets, lots, and proposed land use added in red ink.

(D) Proposed Improvements Map

(i) Approximate location, alignment, width, and tentative names of all proposed streets and street rights-of-way, including all street extensions or spurs that are reasonably necessary to provide adequate street connections and facilities to adjoining development or undeveloped areas; preliminarily engineered profiles for proposed streets.

(ii) Location of all percolation tests as may be required under this ordinance, including all failed test sites or pits as well as those approved and including an approved alternate site for each lot requiring a sand mound system. All approved sites shall be clearly distinguished from unapproved sites.

(iii) Approximate location and dimensions of proposed playgrounds, public buildings, public areas, and parcels of land proposed to be dedicated or reserved for public use.

(iv) Approximate location of proposed shade trees, plus locations of existing vegetation to be retained.

(v) Limits-of-disturbance line (must be exact in relation to the retention of existing trees proposed to be saved).

(vi) If land to be subdivided lies partly in or abuts another municipality, the applicant shall submit information concerning the location and conceptual design of streets, layout, and size of lots and provisions of public improvements on land subject to applicant’s control within the adjoining municipalities. The design of public improvements shall provide for a smooth, practical transition where specifications vary between municipalities. Evidence of approval of this information by appropriate officials of the adjoining municipalities also shall be submitted.

(vii) Where installation of the improvements is proposed to be done in phases, the applicant shall submit with the Improvements Construction Plan a delineation of the proposed sections and a schedule of deadlines within which applications for final approval of each section are intended to be filed.

(viii) Typical street cross-section drawing(s) for all proposed streets shall be shown, including details relating to thickness, crowning, and construction materials.

(ix) Utilities and Easements:

(a) Exact locations of existing utility easements and approximate locations of proposed utility easements.

(b) Approximate layout of all proposed sanitary and storm sewers and location of all inlets and culverts and any proposed connections with existing facilities. (These data may be on a separate plan.)

(x) Signature blocks for the Planning Commission and Zoning Administrator shall be provided on the right-hand side of the Sketch Plan.

(E) Preliminary studies and reports. When required by the Planning Commission, typically in cases involving large subdivision and land development proposals (with more than 9 lots) or smaller development plans where the Commission believes that potential impacts could be significant, the Sketch Plan submission may include one or more of the following studies to assist in determination of the impact of the application on municipal services and facilities:

(i) Sewer and Water Feasibility Report

(ii) Groundwater Protection and Replenishment Study

(iii) Erosion and Sedimentation Control Plan

(iv) Traffic Impact Study

(v) Any other State or Federal reports deemed appropriate for a specific subdivision application.

(F) Community Association

(i) Community Association Document, also known as a Homeowner Association Document or a Condominium Association Document, shall be provided for all subdivision and land development applications that propose lands or facilities to be used or owned in common by all the residents of that subdivision or land development and not deeded to the municipality.

(ii) The elements of the Community Association Document shall include but shall not necessarily be limited to the following:

(a) A description of all lands and facilities to be owned by the Community Association. This description shall include a map of the proposal highlighting the precise location of those lands and facilities.

(b) Statements setting forth the powers, duties, and responsibilities of the Community Association, including the services to be provided.

perpetual easement to the lands and facilities owned by the Community Association. The Declaration shall be a legal document that also provides for automatic Association membership for all owners in the subdivision or land development and shall describe the mechanism by which owners participate in the Association, including voting, elections, and meetings. Furthermore, it shall give power to the Association to own and maintain the common property and to make and enforce rules.

(d) Statements prescribing the process by which Community Association decisions are reached and setting forth the authority to act.

(e) Statements requiring each owner within the subdivision or land development to become a member of the Community Association.

(f) Statements setting cross covenants or contractual terms binding each owner to all others for mutual benefit and enforcement.

(g) Requirements for all owners to provide a pro rata share of the cost of the operations of the Community Association.

(h) A process of collection and enforcement to obtain funds from owners who fail to comply.

(i) A process for transition of control of the Community Association from the developer to the unit owners.

(j) Statements describing how the lands and facilities of the Community Association will be insured, including limit of liability.

(k) Provisions for the dissolution of the Community Association, in the event the Association should become inviable.

(l) Requirement for turning over the HOA to homeowners

(G) Preliminary Greenway Ownership and Management Plan. Using the Conceptual Preliminary Plan as a base map, the boundaries, acreage, and proposed ownership of all proposed greenway areas shall be shown. In addition, the applicant shall also submit a Preliminary Greenway Ownership and Management Plan detailing the entities responsible for maintaining various elements of the property and describing management objectives and techniques for each part of the property. Such management plans shall be consistent with the requirements of Section 1325.07 (bb) of the zoning ordinance (“Ownership and Maintenance of Greenway Land and Common Facilities”).

(H) Preliminary Engineering Certification. Prior to approval of the Conceptual Preliminary Plan, the applicant shall submit to the Planning Commission a “Preliminary Engineering Certification” verifying that the approximate layout of proposed streets, house lots, and greenway lands complies with the municipality’s zoning and subdivision ordinances, particularly those sections governing the design of subdivision streets and stormwater management facilities. This certification requirement is meant to provide the Planning Commission with assurance that the proposed plan is able to be accomplished within the municipality’s current regulations. The certification shall also note any waivers needed to implement the plan as drawn.

(4) Sketch Plan Submission and Review

(A) Sixteen copies of a complete Sketch Plan and all other required documents and information, including the same number of copies of the Existing Resources and Site Analysis Map drawn at the same scale (generally 1 inch = 100 feet or 1 inch = 200 feet, at the discretion of the Zoning Administrator). All applications shall be accompanied by full payment of the required fees and escrow deposits established in accordance with the terms of this ordinance for proposed subdivisions.

(B) The Sketch Plan may be submitted at a regularly scheduled Bolivar Planning Commission meeting, but may not be submitted prior to the Site Inspection or Post- Site Inspection Conference.

(C) The Planning Commission shall review the Sketch Plan in accordance with the criteria contained in this ordinance and with other applicable ordinances of the municipality. Their review shall advise the applicant of the extent to which the proposed subdivision or land development conforms to the relevant standards of this Ordinance and may suggest possible plan modifications that would increase its degree of conformance. Their review shall include but is not limited to:

(i) The location of all areas proposed for land disturbance (streets, foundations, yards, septic disposal systems, storm, water management areas, etc.) with respect to notable features of natural or cultural significance as identified on the applicant's Existing Resources and Site Analysis Map;

(ii) The potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels;

(iii) The location of proposed access points along the existing road network;

(iv) The proposed building density and pervious or impervious coverage;

(v) The compatibility of the proposal with respect to the objectives and policy recommendations of the Comprehensive Plan;

(vi) Consistency with the zoning ordinance; and

(vii) Recommendations made by County, State, and Federal agencies, as required by the Bolivar Planning Commission, such as the U.S. Fish and Wildlife Services, National Park Service, U.S. Army Corp of Engineers, Shenandoah River / Potomac River / Chesapeake Bay Watershed Protection Organizations, WV Department of Environmental Protection, U.S. Environmental Protection Agency, Commerce Department (commercial fisheries), Chesapeake Bay Watershed Commission, State of Virginia, State of Maryland, Department of Natural Resources, WV Department of Transportation, WV Department of Highways, and other appropriate local, state, or federal organizations.

(viii) At the discretion of the Planning Commission the following permits, approvals or waivers from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development may be required prior to sketch plan approval: Public Utility Commission, US. Army Corps of Engineers, Department of Agriculture, Soil Conservation District, County Health Department, such as the U.S. Fish and Wildlife Services, National Park Service, Shenandoah River / Potomac River / Chesapeake Bay Watershed Protection Organizations, WV Department of Environmental Protection, U.S. Environmental Protection Agency, Commerce Department (commercial fisheries), Chesapeake Bay Watershed Commission, State of Virginia, State of Maryland, Department of Natural Resources, WV Department of Transportation, WV approvals or other appropriate local, state, or federal organizations.

(vix) Letters from neighboring Planning Commissions as to adverse or negative impacts.

The Commission shall submit in writing its findings, recommendations, and reasons, citing specific sections of the statutes or ordinances relied upon. A copy of said report shall be given to the applicant and a copy forwarded to the Bolivar Town Council.

(D) At the discretion of the Bolivar Planning Commission, Sketch Plans submitted for Minor or Conventional Subdivisions, having been found to have minimal impact, may be approved as final plans, in lieu of Article 1324.04(d)(e) requirements.

(i) Within thirty (30) days of its final decision the Bolivar Planning Commission shall forward in writing its decision with any proposed recommendations to the applicant, all property owners within the proposed subdivision, the Bolivar Town Council, and if the plan includes land in any adjacent municipality and/or directly abuts its boundaries, then such notice and recommendation shall be transmitted to the governing body of the adjacent municipality.

(ii) After approval of the subdivision or land development plat by the Planning Commission and before the subdivision or development of the land is commenced, the subdivision and land development plat shall be recorded in the office of the clerk of the county.

(iii) Amendments for Plans already approved. If circumstances require, an applicant may return to the Planning Commission with a request for changes to an approved sketch plan. The Planning Commission may restart the application process wherever it deems necessary.

(WVCode 8A-4-2(a)(9)

(d) Final Plan Requirements. The Final Plan shall be based on the Sketch Plan and shall include any additional conditions or requirements specified by the Planning Commission. It shall consist of and be prepared in accordance with the following:

(1) Drafting Standards

(A) The plan shall be drawn to a scale of either 1 inch = 100 feet or 1inch = 200 feet on a standard size sheet 24 inches x 36 inches), unless otherwise approved by the Planning Commission.

(B) Dimensions shall be set in feet.

(C) Each sheet shall be numbered and the plan shall provide an adequate legend indicating clearly which features are existing and which are proposed.

(2) Existing Resources and Site Analysis Map. A map as stipulated in Sections 1324.04(b)2

(3) Resource Impact and Conservation Plan. This plan shall include:

(A) Note: This requirement for a final resource Impact and Conservation Plan may be waived by the Planning Commission if, in its judgment, the proposed development areas, as laid out in the Sketch Plan would be likely to cause no more than an insignificant impact upon the site’s resources.

(B) If required, a Resource Impact and Conservation Plan shall be prepared to categorize the impacts of the proposed activities and physical alterations on those resources shown on the Existing Resources and Site Analysis Map. All proposed improvements, including but not necessarily limited to grading, fill, streets, buildings, utilities, and stormwater detention facilities, shall be taken into account in preparing the Final Resource Impact and Conservation Plan, which shall clearly demonstrate that the applicant has minimized site disturbance to the greatest extent practicable.

(C) Using the existing Resources and Site Analysis Map as a base map, impact areas shall be mapped according to the following categories: (a) primary impact areas (i.e., areas directly impacted by the proposed subdivision), (b) secondary impact areas (i.e., areas in proximity to primary areas that may be impacted), (c) designated protected areas to be included in a proposed greenway or an equivalent designation such as dedication of a neighborhood park site.

(4) Final Improvements Construction Plan

Where public or private improvements other than monuments and street traffic signs are to be required for any subdivision or land development, specifications prepared by a registered professional engineer, shall be filed, setting forth the precise nature and exact location of the work. These specifications shall be subject to approval of the Zoning Administrator and the Planning Commission.

The Improvements Construction Plan shall conform to the following standards and contain the following information:

(A) Detailed profile sheets for all proposed streets within the tract.

(B) If required, a plan, details, and specifications of street lights to be installed, together with the necessary contract for street light installation for approval by the municipality.

(D) Where off-site or community sewer service is to be provided, the final detailed design of all facilities, including but not limited to sewer mains, manholes, pumping stations, and sewage treatment facilities.

(E) Where off-site or central water service or water supply is to be provided, the final detailed design, including location and size of water service facilities within the subdivision, shall be shown, including wells, storage tanks, pumps, mains, valves, and hydrants.

(F) Detailed designs for all other improvements as required by this ordinance.

(5) Stormwater Management, Erosion and Sedimentation Control Plan (See Building Code, Appendix A.)

(6) Final Greenway Ownership and Management Plan. Using the Existing Resources and Site Analysis Map or Land Use Overlay Map and Proposed Improvement Plan as a base map, the precise boundaries, exact acreage, and proposed ownership of all proposed greenway areas shall be shown. A narrative report shall also be prepared indicating how and by whom such greenway areas will be managed.

(7) Final Landscape Plan. Show all proposed landscaping and plantings to be added to all areas.

(8) Additional Approvals, Certificates, and Documents

(A) All offers of dedication of realty or structures and all declarations, easements, and covenants governing the reservation and maintenance of undedicated open space, for Improvement Construction Plan shall be in such form as shall be satisfactory to the Planning Commission.

(B) A copy of such deed restrictions, easements, covenants, and declarations that are to be imposed upon the property to comply with the Improvement Construction Plan as approved by the Commission. All such documents shall be in such form as is satisfactory to the Commission.

(9). Final Plan requirements must be submitted at a regularly scheduled Bolivar Planning Commission meeting, only after the Sketch Plan has been reviewed and approved.

(e) Final Plan Approval

(1) General

(A). The Final Plan shall conform in all important respects to the Sketch Plan as previously reviewed and approved by the Bolivar Planning Commission and shall incorporate all modifications and revisions specified by the Bolivar Planning Commission in its approval.

(B) The Final Plan and supporting data shall comply with the provisions of this Ordinance and those of the zoning ordinance. Failure to do so shall be cause for denying the plan (or, in situations where only minor details are missing and when the official approval deadline allows, tabling the plan). Supporting data may be required from organizations such as the U.S. Fish and Wildlife Services, National Park Service, U.S. Army Corp of Engineers, Shenandoah River / Potomac River / Chesapeake Bay Watershed Protection Organizations, WV Department of Environmental Protection, U.S. Environmental Protection Agency, Commerce Department (commercial fisheries), Chesapeake Bay Watershed Commission, State of Virginia, State of Maryland, Department of Natural Resources, WV Department of Transportation, WV Department of Highways, and other appropriate local, state, or federal organizations.

(C) Amendments for Plans already approved. If circumstances require, an applicant may return to the Planning Commission with a request for changes to an approved final plan. The Planning Commission may restart the application process wherever it deems necessary.

(WVCode 8A-4-2(a)(9)

(2) Planning Commission Review

(A) The Planning Commission will review the Final Plan and the recommendations of the Zoning Administrator and/or Municipal Engineer and any other reviewing agencies to determine its conformance with the requirements of this ordinance and with those of the zoning ordinance.

(B) The Bolivar Planning Commission shall review the Final Plan and make its recommendation for approval during its next regularly scheduled meeting after a completed Final Plan has been received.

(C) Within thirty (30) days of its final decision the Bolivar Planning Commission shall forward in writing its decision with any proposed recommendations to the applicant, all property owners within the proposed subdivision, the Bolivar Town Council, and if the plan includes land in any adjacent municipality and/or directly abuts its boundaries, then such notice and recommendation shall be transmitted to the governing body of the adjacent municipality.

(D) After approval of the subdivision or land development plat by the Planning Commission and before the subdivision or development of the land is commenced, the subdivision and land development plat shall be recorded in the office of the clerk of the county.

(3) Conditions of Final Plan Approval. Approval of any Final Plan shall, in addition to any other applicable provisions of this ordinance, be subject to the following conditions:

(A) The landowner agrees, if requested, to tender to the municipality a deed of dedication in a form satisfactory to the Town Attorney for streets and improvements thereto, including street paving, water mains, fire hydrants, storm sewers, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements within the public right-of-way and are required for the promotion of public welfare, after all streets and improvements to be dedicated to the municipality are completed and are certified as being satisfactory by the Zoning Administrator and Bolivar Streets Committee. The Commission may require that the applicant provide a certificate from a duly licensed title insurance company certifying that the title to be conveyed is good and marketable and free of all liens and encumbrances, except utility easements, before any property is accepted by the municipality.

(B) The landowner shall submit to the Planning Commission all required permits, approvals or waivers from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as the Public Utility Commission, US. Army Corps of Engineers, Department of Agriculture, Soil Conservation District, County Health Department, such as the U.S. Fish and Wildlife Services, National Park Service, Shenandoah River / Potomac River / Chesapeake Bay Watershed Protection Organizations, WV Department of Environmental Protection, U.S. Environmental Protection Agency, Commerce Department (commercial fisheries), Chesapeake Bay Watershed Commission, State of Virginia, State of Maryland, Department of Natural Resources, WV Department of Transportation, WV Department of Highways, and other appropriate local, state, or federal organizations, as required by the Bolivar Planning Commission.

(C) All final approvals or waivers required by Federal, State, and County agencies for development in accord with the Final Plan including but not limited to approval of the Sewage Facilities Planning Module by the DEP, approval by the US. Department of Agriculture Soil Conservation, District, and a highway occupancy permit, as well as any approval required from such organizations as the U.S. Fish and Wildlife Services, National Park Service, U.S. Army Corp of Engineers, Shenandoah River / Potomac River / Chesapeake Bay Watershed Protection Organizations, WV Department of Environmental Protection, U.S. Environmental Protection Agency, Commerce Department (commercial fisheries), Chesapeake Bay Watershed Commission, State of Virginia, State of Maryland, Department of Natural Resources, WV Department of Transportation, WV Department of Highways, and other appropriate local, state, or federal organizations, as requested by the Bolivar Planning Commission shall be presented to the municipality.

(f) Proffers. The owner of property requesting subdivision or site plan approval for property not already subject to proffer conditions may volunteer to accept certain conditions including but not limited to constructing certain Capital improvements either on-site or off-site. The owner may also volunteer to provide cash in lieu of constructing the improvements under the following policies and requirements.

(1) The proffer must be in writing in a form acceptable to the Town.

(2) The proffer must be offered to the Planning Commission for their recommendation prior

to consideration by the Town Council.

(3) For purposes of this section, a condition contained in a voluntary proffer is considered reasonable if:

(A) The development project results in the need for the conditions;

(B) The conditions have a reasonable relation to the development project; and

(WV Code 8A-6-2(c)

(4) The proffer must address phasing of construction or cash contribution as it relates to the project phasing.

1325.05 Private Nonresidential Subdivisions

(a) General Requirements. Nonresidential developments including commercial developments. The Planning Commission recognizes that the developer creating nonresidential subdivisions faces unique problems of lot design not normally encountered in residential subdivisions. Therefore, the initial emphasis of the Planning Commission will be upon street layout and block arrangement. The developer will follow the requirements of this ordinance and show the entire tract to be subdivided along with the necessary improvements. At least two parcels will be shown. As prospective buyers express interest in lots sized to their required specifications, the developer may submit to the Planning Commission an amendment to the approved final subdivision plat for review and approval. The developer shall prove to the satisfaction of the Planning Commission that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated.

Non-residential subdivision proposals shall demonstrate to the satisfaction of the Planning Commission that road and subdivision design is specifically adapted to the uses anticipated. A traffic study or alternative agreed upon by the Planning Commission shall be submitted to ensure impacts on existing traffic patterns and other uses in the vicinity are taken into account. The following items shall be required:

(1) Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

(2) Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic to be generated thereupon.

(3) Special requirements may be imposed by the Planning Commission with respect to drainage, street, curb, gutter, and sidewalk design and construction.

(4) Every effort shall be made to protect adjacent residential areas from potential nuisances from proposed commercial or industrial subdivisions, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

(5) Streets carrying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.

(b) Entrances

(1) Entrances from State roads must be approved by the West Virginia Department of Highways. Proposals for entrances must be justified based on peculiar site characteristics. One way ingresses or egresses frontage roads and combinations thereof may be proposed.

(2) Entrance width limits are as follows:

Minimum one-way – 12'

Maximum one-way –17'

Minimum two-way – 25'

Maximum two-way – 35'

(3) Curb radius minimum shall be 15'.

(4) The minimum taper to acceleration and deceleration lanes will be 10:1.

(5) Entrance aprons shall be poured concrete except for entrances to church and other uses that generate low average daily traffic volumes (less than 25 vehicles in the weekday peak hour) and where traffic predominantly consists of automobiles and light trucks and vans. Construction details will be approved by the Zoning Administrator or Town Engineer.

(1) Driveways, parking spaces and internal access drives shall be setback as required by Article 1325.07

(2) Minimum widths for internal access drives shall be as follows:

(A) Driveways from the State Road or Subdivision Road

All Industrial and Commercial sites unless cited below:

Apartments, Parks, Churches

Closed Section – 22 feet

Open Section – 20 feet

(B) Access Drives Serving Parking

Directions	Horizontal Parking	Type of Parking Angle
		90°-61	60°-46°	45°-1°	0°
One-Way	12'	18'	16'	14'	12'
Two-Way	22'	22'	22'	22'	22'
Window Service	9'

(3) Internal access drives serving delivery truck-trailer or truck-semi-trailer combinations shall be designed for a vehicle with an inside tracking radius of 44'.

(4) Drive-in facilities shall be located such that waiting vehicles will not block internal or external traffic.

(d) Parking Requirements

(1) The minimum dimensions of parking spaces and access drives shall be as follows:

Parking Space . Rectangle	0 Deg.	45 Deg.	60 Deg.	90 Deg.
Customer parking	9’X22’	12'x19'	10 'x19'	9'x20'
Employee, resident only (lots of 30 spaces or less)	8’X21’	11'x17.5'	9'x17.5'	9'x18'
Compact up to 30% of total required spaces can be compact	8’X17’	8’X17’	8’X17’	8’X17’

(2) Loading spaces shall be designated for all bay door openings in a building exceeding 6' in width such that they do not conflict with the internal access drives. Loading spaces shall be distinct from the parking spaces and adequate turnaround space is required to eliminate potential congestion at the property entrance.

(3) Parking spaces for the handicapped shall be 12' x 20' with a curb ramp, painted pavement symbol and standard pole sign. Multiples of such spaces may be 8' wide with a 5' walking strip between each space and with one curb ramp for each series of spaces up to 5 spaces in a group. The number of handicapped spaces shall not be less than 4 percent of the total number of required spaces.

(4) Parking space requirements for various uses are referenced in Article 11 of the Zoning and Development Review Ordinance.

(5) Shared use of parking spaces shall be permitted at the discretion of the Commission. Proposals for shared use of parking spaces must be accompanied by a written request and documentation of user hours to demonstrate compatibility of

the proposal. .

(6) Space requirements may-be complied with using off-site parking located within 400 feet of the site. Appropriate documentation of permission to use said parking must be submitted to and approved by the Planning and Zoning Commission.

(e) Landscaping, Screening and Buffer Yard Requirements

(1) Screening in the form of either vegetation or opaque fencing will be provided on properties used for commercial, industrial, institutional or other non-agricultural or

non-residential uses along property lines which adjoin properties used or zoned for any residential use.

(2) Site plans will include a landscape plan prepared per Section 1325.07 of this ordinance

3) Commercial, industrial and institutional parking lots will contain green space equal to a minimum of five percent of the area of parking lots and on-site driveways. Parking lots that are designated exclusively for employees only or for large trucks or vehicles owned or leased by the business or institutional user of the site need not contain the green space if they are screened from any exterior State Route. Said green space shall be contained within a perimeter which includes the parking lots, the on- site driveways, all islands dividing or supporting parking aisles from each other and from on-site driveways and areas bounded on at least two sides by parking lot or on- site driveways. The perimeter on the exterior of the parking lot shall follow the back curb or edge of the parking spaces or the limit of a required buffer. Said green space will be landscaped.

(4) Opaque screen fences will be a minimum of six (6) feet high. A sketch of the proposed screen will be submitted for approval with the preliminary plat.

(5) All on-site utilities and dumpsters shall be effectively screened.

(f) Sanitary Sewer Connections

(1) Sanitary sewer connections will have a minimum grade' of 2% for gravity flow, a minimum pipe size of 4 inches and will be a minimum of 100 feet from any water well. There is no minimum grade for a pump system.

(2) Sanitary sewage connections must conform to State of West Virginia PSD standards.

(3) A monitoring manhole will be set on the sewer connection line at the property line if, in the opinion of local health officials, the proposed uses on the property could result, either by intent or by accident, in the introduction of non-septic sewage, oils, chemicals, or petroleum products to the sewer system.

(4) Sewer connection sizes will be justified by accompanying computations indicating daily gallonage and pipe capacity.

(g) Water Supply

(1) Water supply requirement computations will be provided and will be based on recognized fixture unit tables.

(2) Water connections must conform to State of West Virginia PSD standards.

(3) Where sprinkler systems are proposed the water connection should provide for an amount approved by the Rating Agency (ISO).

(4) Hydrants will be required in accordance with recommendations of the Rating Agency. The distance between hydrants will not exceed 500 feet.

(5) Hydrant types shall be acceptable by the appropriate Fire Company.

(6) In areas without water service, water storage facilities shall be located as required by the Rating Agency. Volume of water storage shall be determined by the Rating Agency.

(h) Signing

(1) Signing shall be in conformance with all existing Bolivar Planning and Zoning Ordinances

(i) Site Grading

(1) Grades in parking areas shall not exceed the following limits:

Maximum on asphalt -- 6.5%

Maximum on gravel -- 4%

Minimum on asphalt -- 0.5%

Minimum on gravel -- 1.0%

(2) Driveway grades shall not exceed the following limits:

Entrances used by the public -- 10%

Entrances excluded to the public -- 12%

Interior drives with no adjacent parking (asphalt) --12%

Interior drives with no adjacent parking (gravel) -- 6%

(3) A minimum three foot wide strip not to exceed 3% will be provided between parking areas, driveways' or sidewalks and the toe or top of slopes exceeding 4:1 in slope.

(4) A minimum eight foot wide strip not to exceed 10% slope will be provided between foundation walls and the toe or top of slopes exceeding 4:1.

(5) Cut or fill slopes shall not exceed the following limits:

If the difference in elevation between top and toe of slope is fifteen (15) or less -- 2:1 slope.

If the difference in elevation between top and toe of slope exceeds fifteen feet -- 3:1 slope

2:1 with an intermediate

8' wide bench.

(6) Grades on sidewalks will not exceed 20:1.

(7) When retaining walls are used the design thereof shall be certified by a Registered Professional Zoning Administrator or Town Engineer licensed in the State of West Virginia. All dimensions and reinforcing requirements shall be provided as part of the Site Plan.

(j) Pavements/Curbs/Sidewalks

1. Parking lots, entrances and interior drives for use by the public shall be paved. Paving sections shall be approved by the Zoning Administrator or Town Engineer. Minimum acceptable paving section includes the following:

Section (a) 2" Bituminous Concrete Surface Course

4" Bituminous Concrete Base Course 1-1/2" Bituminous Concrete Surface Course

Section (b) 2-1/2" Bituminous Concrete Base Course

5" Graded Aggregate Base

Heavier grades may be required by the Zoning Administrator or Town Engineer and Staff. In either case, the top foot of the sub-base shall be compacted to at least 95% of maximum density per AASHTO T99C.

(2) Sidewalks shall have a minimum width of four feet when required.

(3) Handicapped ramps will not exceed 20:1 in grade. If the length of ramps exceeds twenty feet, a handrail will be provided.

(k) Green Space

(1) Green space requirements are covered in Article 1325.04 of this ordinance

(l) Public Right-Of-Way

(1) Sidewalks will be provided where required to continue existing public sidewalks or where required to provide pedestrian conveyance between existing development on either side of the proposed site.

(2) Street trees, as part of the total landscaping plan shall be approved by the Staff and Zoning Administrator or Town Engineer.

(3) Fire hydrants set in the right-of-way shall be located two feet back of the sidewalk or in accordance with the standards of the controlling water jurisdiction.

(m) Stormwater Management

(1) Stormwater management standards are set forth in Article 1325.07 and .08 of this Ordinance.

(2) Roof drains and other stormwater outfalls shall be located so as to avoid icing of walkways, driveways and entrances.

(3) Gutter flow across entrances will not exceed 2.5 cubic feet per second during the ten year event as determined by the Rational Method. West Virginia Department of Highways requirements, if more stringent, shall be complied with.

(4) Gutter flow across entrances will not exceed 2.5 cubic feet per second during the ten year event as determined by the Rational Method. West Virginia Department of Highways requirements, if more stringent, shall be complied with.

Stormwater runoff from impervious areas will be contained for conveyance whenever concentrated flows exceed 2.5 cubic feet per second during the ten year event as determined using the Rational Method. Containment may be accomplished using either closed pipe or open channel systems. Open channel systems shall include pedestrian crossings spaced no further apart than 300 feet apart in areas where pedestrian traffic exists. Bioretention methods may be used to minimize the rate of flow.

(n) Public Utilities

(1) All utilities, including cable television lines, shall be located underground.

1325.06 GUARANTEE OF PUBLIC IMPROVEMENTS

(a) General. A Guarantee of Public Improvements shall include provisions concerning forfeiture for failure to complete specified work in compliance with all and any time limitations. This agreement shall be executed in accordance with Section 1325.10 of this ordinance, verifying that the landowner agrees to construct all required improvements and common amenities and further verifying that he/she guarantees completion and maintenance of these improvements and amenities through a type of financial security acceptable to the Bolivar Planning Commission and Town of Bolivar Finance Committee. The surety shall remain in full force and effect until completion of work to approved plans and specifications.

(b) Acceptable Guarantees. A guarantee executed by bond, letter of credit or other surety satisfactory to the Planning Commission and acceptable to the Town Attorney, shall be executed in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the Planning Commission upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part. The guarantee shall run to the benefit of the Town.

(WV Code 8A-6-3(a)(3)

(c) Calculation of Guarantee. The guarantee shall be based upon an estimate prepared by a professional engineer registered in the State of West Virginia, or as a contractor’s cost estimate (the contractor must be licensed in the State of West Virginia). The guarantee shall be equal to the prepared cost estimate plus fifteen (15) percent. The Planning Commission must approve the cost estimate.

(d) Release of Guarantee. A provision may be made for partial release of the deposit or the amount of the surety upon completion and acceptance of the various stages of development as delineated, described, and scheduled on the required plans and specifications. The Planning Commission shall review the request and decide as to the appropriateness of the request. Partial release of the Guarantee of Public Improvements may be authorized by the Planning Commission if it finds it is in the best interest of the Town to do so. Full release of the Guarantee will not occur until the As-Built Plans are reviewed and approved by the Town and the public infrastructure is accepted into the Town’s system.

(e) Use of Funds. Any funds received by the Town from a Guarantee for Public Improvements shall be used only for completion of the improvements and installations for which they were provided.

(f) Whenever the landowner is providing open space as part of the development, a conservation easement in perpetuity restricting such open space against further subdivision or development shall be executed between the landowner and the Town, either individually or as a co-holder with a conservation organization acceptable to the Town.

Section 1325.07 – Design Standards

Section 1325.07 DESIGN STANDARDS

(a) General Requirements

(1) In designing a subdivision or developing a lot, the developer shall comply with the principles and requirements of this article. Parcels of up to 1 acre are designated a minor subdivision. Parcels of over 1 to 5 acres are designated a conventional subdivision, and parcels of more than 5 acres are designated a major subdivision.

(2) The Planning Commission in considering an application for the subdivision or development of land shall be guided by the requirements and standards contained herein.

(3) Land to be subdivided 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) Subdivisions shall conform to the adopted Comprehensive Plan, Subdivision Ordinance and Zoning Ordinance of the Town of Bolivar.

(5) All improvements planned as part of site plan or preliminary plat approval shall be completed at the expense of the owner/developer. This shall include the extension of water, sewer, storm drain, streets and sidewalks to the property.

(b) Land Requirements. Land shall be suited for the purposes for which it is to be subdivided. In general, the Planning Commission shall take the following factors into consideration prior to the approval of any subdivision:

(1) Subdivisions laid out on land subject to periodic flooding shall not be approved unless adequate safeguards against such hazards are provided.

(2) Areas characterized by steep slopes, rock formations, poor soils or other unsuitable physical features shall not be subdivided unless safeguards acceptable to the Planning Commission are provided.

(3) No parcel, tract or lot shall be created that does not meet the requirements of the Bolivar Zoning and Subdivision Ordinances.

(1) General Requirements

(A) The size, width, depth, shape, orientation and yards of lots shall not be less than specified in the Zoning Ordinance.

(B) All lots shall have frontage upon an approved and improved public street.

(C) The ratio of the depth of any lot to its width shall not be greater than two and one-half to one, except lots one acre or more in size.

(D) Side lot lines shall be substantially at right angles or radial to street lines, unless a variation from this rule will give a better street plan.

(E) Corner lots shall have sufficient extra width to allow appropriate building setbacks from both streets.

(F) Where a watercourse separates the buildable area of a lot from the street by which it has access, provision for access shall be made by installation of a culvert or other structure that does not interfere with the watercourse or contribute to additional flooding.

(G) Where land has been dedicated for the widening of existing streets, lots shall begin at such new street line as may have been established and all setbacks shall be measured from such line.

(H) The minimum building frontage along a cul-de-sac shall be measured at the minimum required building setback line.

(I) Where there is a question of the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, high water table, sewage disposal, excessive grade or similar circumstances, the Planning Commission may withhold approval.

(J) Lots fronting on major streets shall, at the direction of the Planning Commission, be serviced by an Access Road or by reverse frontage lots or be required to provide driveways with cul-de-sacs.

(K) The developer 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 development. The Planning Commission may at its discretion submit the developer’s plan of action concerning such sites to the local Historic Landmarks Commission if one exists.

(d) Blocks

(1) Block length

(A) Block length and width shall be able to accommodate the size of lot required by the Zoning Ordinance.

(B) Blocks shall be of size and shape as topography and street layout dictate, but the Planning Commission shall not approve blocks that are unreasonably large or small.

(C) The corners of blocks at street intersections shall be cut back on an arc concentric with the arc of the curb line or by a chord that connects the points of tangency of such an arc.

(2) Block Dimensions

(A) Blocks shall have a minimum length of 400 feet. The maximum block dimension shall be 1,600 feet. In the design of blocks longer than 1,000 feet, special consideration shall be given to emergency and public utility vehicles.

(B) Residential blocks shall be of sufficient depth to accommodate two tiers of lots of minimum depth, except where reverse frontage lots bordering a freeway or arterial street are used.

(C) A pedestrian, cycling or recreational walkway may be required where necessary to help circulation or provide access to community facilities. Such walkways shall have a right-of-way width of not less than fifteen feet and for pedestrians and cycling, the walkways shall be paved not less than four (4) feet wide. A recreational walkway, also not less than four feet wide, may be paved with 3-4" of mulch, or other pervious material such as shell, gravel, stepping stones.

(e) Street Design Standards

(1) Street Classifications

The major streets in the Town of Bolivar shall be classified by type based upon estimated average daily traffic. Any street not designated specifically as to type shall be considered a local street and meet the requirements of that class. Standard Details illustrate sidewalk and trail standards.

Residential Town Street

Right of Way: 64 ft.

Number of Lanes: 2-8 ft. parking

2-11 ft. travel

Pavement Width: 38 ft.

Neighborhood Street

Right of Way: 50 ft.

Number of Lanes: 1-8 ft. parking

2-10 ft. travel

Pavement Width: 28 ft.

Lane

Right of Way: 40 ft.

Pavement Width: 20 ft.

Alley

Right of Way: 20 ft.

Pavement width: 10 ft.

(2) General Street Standards

(A) All design criteria for Town streets shall follow AASHTO standards as modified by the WVDOH or herein.

(B) When any proposed development has access to a state road, the proposed access shall be approved by the West Virginia Division of Highways.

(C) Whenever a proposed development contains any part of a street designated on the Comprehensive Plan, the street shall be platted by the developer in accord with the right-of way and pavement width called for in the Plan.

(D) Where appropriate to the design, new streets shall be continuous in alignment with existing streets with which they connect.

(E) Proposed streets shall be extended to the boundary lines of the proposed development unless such extension is not feasible because of topography or other physical conditions. The Planning Commission may also determine that such extension is not necessary or desirable for serving the existing street system.

(F) Dead-end streets shall be prohibited except as stubs to permit future extensions to adjoining land, or where, in the opinion of the Planning Commission, they are appropriate for the type of development proposed and are designed as cul-de-sacs.

(G) Half streets shall be prohibited, except where the Planning Commission finds it will be practical to require the dedication of the other half when the adjoining property is developed.

(H) Reserve strips controlling access to streets shall be prohibited except where their control is placed with the Town under conditions approved by the Planning Commission.

(I) The street system layout shall be so designed to preserve, wherever possible, natural features such as trees, watercourses, hilltops and scenic views.

(J) Proposed streets that are clearly aligned with existing streets shall bear the name of the existing street and in accordance with 911 standards. In no other case shall the names of the proposed streets duplicate or be phonetically similar to an existing street name, irrespective of the suffix: street, avenue, court, place, boulevard, lane, drive, or other.

(f) Streetscape

(1) To provide a harmonious and consistent appearance along all Town streets, the streetscape shall be developed in accordance with the street, curb, sidewalk and lighting design standards established in this Article.

(g) Street Signs

(1) Street and traffic control signs shall be provided at the developer's expense at all intersections identifying each cross street.

(2) Street signs shall be constructed consisted with current Bolivar and Jefferson County street sign standards. When necessary, only abbreviations for the street suffix (road, drive, and lane) shall be used. The Town shall contract for the fabrication of all street signs when requested by the developer. All expenses of fabrication and delivery shall be borne by the developer.

(3) Street signs shall be mounted on a metal pole, 2 inches in diameter and be set to stand 7 feet 6 inches above finished grade of the adjacent street. Where a Home Owners Association is established, the sign support may be made of a material approved by the Planning Commission.

(4) Street and traffic control signs shall be located in the public right-of-way and located in accord with the Manual of Uniform Traffic Control Devices (MUTCD) and the Zoning Administrator.

(h) Intersection Design

(1) Street Intersections

(A) Streets should be laid out to intersect as nearly as possible at right angles, and no street shall intersect with any other street at less than seventy-five (75) degrees. Any change in street alignment to meet this requirement shall occur at least 100 feet from the intersection.

(B) No more than two (2) streets shall meet or intersect at any one (1) point, off-set intersections are preferred, i.e two three-way intersections instead of one four-way intersection.

(C) Clear sight triangles of a minimum 25 feet, or as required by AASHTO measured along street right-of-way lines from their points of intersection shall be provided at all intersections. No building, structure, or other physical feature higher than two and one-half feet above the centerline of the street shall be allowed within such sight triangles.

(D) Streets intersecting a common street shall have their center lines in alignment or be offset a minimum of 125 feet.

(i) Curb Design Standards

(1) Road curbs, gutters, and sidewalks shall be required in conventional subdivisions where private or public roads are built.

(2) Road curbs, gutters, and sidewalks shall be required in non-residential conventional subdivisions unless exempt by the Planning Commission because of low traffic and pedestrian flows.

(3) Road curbs shall be constructed of grade A (3,000 lb.) concrete to a height of no less than 6 inches above the finished road surface. The base of curbs shall be a minimum of 7-3/8 inches measured in cross-section. Curb sides may be sloped inward to join a rounded edge having a radius of one and one-half (1-1/2) inches or more. Alternative designs may be approved by the Zoning Administrator.

(4) Drainage gutters shall be provided at the curb and road surface interface. Gutters shall be designed to carry peak water flows expected from a 10 year frequency storm occurring over the entire contributing watershed. Storm drain inlets in residential closed-section roads shall have bicycle-safe grates.

(5) Sidewalks shall be constructed of Portland Cement concrete with a minimum depth of four inches. Sidewalks shall be four feet wide and placed on a suitable base approved by the Engineer or Zoning Administrator.

(j) Sidewalk Design Standards

(1) Sidewalks shall be provided in accordance with the type of subdivision or site plan as shown below.

(2) Sidewalks shall be constructed of concrete or, with the approval of the Planning Commission in appropriate circumstances, exposed aggregate may be used. The minimum width will be four (4) feet.

(3) Sidewalks shall not be constructed with a curb as a single integral unit.

(4) Where sidewalks are a part of the driveway, the sidewalk shall maintain grade, with no depression.

(5) Handicap ramps shall be provided at all street intersections and crosswalks, as per American Disability Act standard details.

Side Walk Requirements

Land Use Average Lot Width Average Lot Size Street

(SQ. Ft.) Frontage*

Residential 81 ft. or greater 12,001 or greater One Side

Residential 66-80 ft. 10,001-15,000 Both sides

Residential less than 66 ft. less than 10,001 Both sides

Commercial N/A N/A Both sides

*Planning Commission may require sidewalks to insure continuity of an existing pedestrian access pattern.

(k) Driveway Design Standards

(1) Driveway entrances shall be provided from any roadway to all single-family residences in accordance with Standard Detail DE-1. Driveway entrances shall be provided from any roadway to all commercial and industrial facilities in accordance with Standard Detail DE-2 or as required by the WVDOH.

(2) In residential zones, there shall be no more than one (1) vehicular entrance per individual lot on a public street.

(3) In commercial and industrial zones, there shall be no more than 2 entrances per lot for each adjoining roadway, providing that the 2 entrances are located a minimum of 150 feet apart, measured from centerline to centerline.

(4) No driveway shall be constructed closer than 40 feet to the nearest street intersection.

(5) Driveways shall not be located nearer than three (3) feet from an adjoining property unless it is a driveway used in common.

(6) Driveway grades should not exceed 3% from the edge of the intersecting street pavement to the property line, nor exceed 10% from the property line to the garage, carport, or other off- street parking space.

(7) Where sidewalks are a part of the driveway, the sidewalk shall maintain grade, with no depression.

(8) Driveway cuts shall not create slopes that exceed 3:1 unless a retaining wall is used to insure that the earth will not subside into the driveway.

(9) Pervious driveways are preferred.

(l) Parking Lot and Loading Area Standards

(1) The minimum dimensions shall be from 8'x17' for compact cars (up to 30% of total) to 9'x22'. (See Jefferson County Subdivision ordinance, 11.2(d) for specific standards.)

(6) Space requirements may be complied with using off-site parking located within 400 feet of the site. Appropriate documentation of permission to use said parking must be submitted to and approved by the Planning Commission.

(7) Parking space requirements for residential uses are referenced in Article 1715 of the Building and Housing Code.

(m) Lighting Design Standards

(1) The style of the light and light standard shall be consistent with the architectural style of the principal building's on-site lighting.

(2) All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to one hundred fifty degrees.

(3) All outdoor lighting shall be shielded so that no more than 2% of its light is emitted above the horizontal plane.

(4) Lighting mounted onto poles intended primarily for mounting of lighting shall not exceed a mounting height of 40% of the total horizontal distance of the light pole from the property line, nor be higher than 37 feet for lighting a driveway or parking area, 18 feet for lighting a walkway or other pedestrian area, or 8 feet for all other areas, whichever is lower.

(5) Lighting mounted on buildings or other structures shall not exceed a mounting height greater than 4 feet higher than the tallest part of the building or structure at the place where the light is installed, nor higher than 40% of the horizontal distance of the light from the property line, whichever is less.

(6) Where lights along property lines will be visible to adjacent residents, the lights shall be appropriately shielded.

(7) Freestanding lights shall be so located and protected as to avoid being easily damaged by vehicles.

(8) Lighting shall be located along streets, parking areas, at intersections and crosswalks and where various types of circulation systems merge, intersect or split.

(9) Display lighting shall be shielded and shall be as located and maintained as not to constitute a hazard or nuisance to the traveling public or to neighbors.

(n) Garbage Containment Standards. Solid wastes and recyclables from all uses other than single-family or duplex dwellings, if stored outdoors, shall be placed in weatherproof rigid containers within a screened refuse storage area.

(1) The screened refuse storage area shall not be located within any front yard area.

(2) The refuse storage area shall be surrounded on at least three (3) sides by a solid uniform fence or wall not less than six (6) feet in height or the height of the refuse container.

(3) A four-foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping shall be shown on the site plan.

(4) The opening in the enclosed refuse area shall be located to minimize the view of refuse from adjoining properties or public streets.

(5) If located within or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking area or access drive by curbing and landscaping, and shall not be located so as to interfere with traffic circulation or the parking of vehicles.

(6) All refuse shall be deposited in containers maintained within the refuse area. No refuse containers shall be maintained anywhere on a site except in a refuse storage area meeting these requirements.

(7) There shall be provided at least one (1) outdoor refuse storage area of at least one hundred (100) square feet for each ten thousand (10,000) square feet of floor area. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle. It shall not be located further than three hundred (300) feet from the entrance to any unit that it is intended to serve. The Planning Commission shall approve the location as part of site plan approval.

(8) The dumpster pad and loading area for trucks shall be constructed of reinforced concrete capable of supporting the anticipated loads, and the construction detail of the pad/loading area shall be shown on the site plan drawings.

(o) Clearing and Grading Standards

(1) Land to be developed shall be laid out and improved in reasonable conformity to existing topography, in order to minimize grading, cut and fill, and to retain, insofar

as possible, the natural contours, limit storm water runoff and conserve the natural cover and soil.

(2) The developer shall provide effective sediment control measures in the planning and construction of developments as required by the WV Soil Conservation District.

(p) Vegetation And Preservation Protection Standards

(1) Natural features such as trees, views, streams and open waters shall be preserved whenever possible in designing any development on a lot containing such features. The landscaping should accent and compliment buildings and retain the indigenous vegetation to the greatest extent possible.

(2) Providing a buffer from the natural features such as wetlands, streams, water bodies, and woodlands is strongly encouraged.

(3) Maximum effort should be taken to preserve specimen trees, which are equal to or greater than twelve (12) inches DBH (diameter at breast height), and in a healthy condition. These trees are to be shown on the Preliminary Plat or Sketch Plan and Final Site Plans/Improvement Plans.

(4) Existing trees should be saved by not varying the grade around the trees by more than six (6) to twelve (12) inches within the tree canopy (1.5 x inch diameter DBH expressed in feet), by constructing tree wells and by erecting protective fences at the edge of the tree canopy. Maximum effort should be directed to saving clumps of trees rather than individual ones.

(q) Buffering And Screening Standards

(1) All uses, other than single-family dwellings, which abut a single-family residential zone, shall be required to maintain a landscaped buffer strip. The width of the buffer shall be fifty (50) feet for residential uses and one hundred (100) for industrial and commercial uses.

(2) From all external roads the buffer or set backs shall be 100 feet from the ultimate right-of-way.

(r) Landscaping Design Guidelines and Standards

(1) Areas of a site not occupied by buildings, pavement, sidewalks, required screening, and required parking area landscaping, required safety islands or other required improvements shall be landscaped.

(2) Newly planted shade and landscape trees shall be of satisfactory species, as per WV Department of Natural Resources and shall have a minimum caliper of two and one-half (2-1/2) inches in diameter measured at four (4) foot DBH. All nursery stock should be balled, burlapped or potted. In approving the number, locations and types of trees, the Planning Commission shall consider the safety of vehicular and pedestrian traffic, including visibility and sight distance, the breakage of limbs of brittle trees, any potential interference with utility poles and lines and the consistency with the general character of the area.

(3) A street tree is required in front of every residential lot along every street. A minimum of one tree per 60 feet of street frontage is required in commercial and industrial developments and is subject to site plan approval by the Planning Commission.

(4) All trees, shrubbery and other planting which fail to survive a period of twelve (12) months following as-built certification shall be replaced by the builder at no cost or expense to the Town. Said replacement shall be within a time agreed upon by the Planning Commission.

(5) Landscaping of the area of all cuts, fills or terraces shall be sufficient to prevent erosion and shall be approved by the Planning Commission. No cut or fill slopes shall go un-stabilized for more than ten (10) calendar days.

(6) Evergreen trees shall be at least four (4) feet tall at planting. Shrubs shall be at least two (2) feet tall at planting or transplanted from a five-gallon container.

(7) Landscaping should provide a variety and mixture of planting. Street trees shall be taken from a recommended list produced by the Town.

(8) The Planning Commission may waive or modify the requirements of this section in heavily wooded areas, in areas unsuitable for planting or because of other exceptional conditions and/or may require supplementary planting.

(s) Sewer, Water and Utility Standards

(1) Gas, Electric and Telephone Utilities.

(A) The Planning Commission may accept assurance from each public utility company whose facilities are proposed to be installed. Such assurance shall be in the form of a letter addressed to the Planning Commission stating that such public utility company will make the necessary installations for furnishing its services within a specified time. All electric and telephone lines shall be placed underground at the developer’s expense.

(B) Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than thirty (30) feet in width shall be provided in consultation with the companies concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines. Such easement dedication shall be expressed on the plat or plan as follows: “Utility right-of-way easement granted for the purposes provided for and expressed in the Subdivision and Site Plan ordinances of the Town.”

(2) Water Supply

(A) All subdivisions shall be provided with a complete water distribution system.

(B) All plans for connection to the public water system shall be reviewed and approved by the Planning Commission by verifying that said connection satisfies provisions of the Harpers Ferry Water Works.

(C) Where public water supply is not available within a reasonable distance, an alternate supply, approved by the West Virginia Department of Health and the Bolivar Planning Commission shall be furnished.

(D) Water transmission lines shall be designed to meet the standards of the Town of Harpers Ferry Water Works.

(E) The minimum residual water pressure to all points of supply on the site shall be specified by the Harpers Ferry Water Works in consultation with the Bolivar/Harpers Ferry fire department.

(3) Sanitary Sewerage System

(A) All subdivisions shall be provided with a complete public sanitary sewer system with connections to all lots unless an alternative is approved by the Bolivar Planning Commission and the local Public Service District. The following six types of wastewater treatment systems are ranked in descending order reflecting the municipality's official preferences. Applicants for new development proposals involving community sewage treatment systems shall be required to demonstrate to the Bolivar Planning Commission that they cannot utilize preferred types of wastewater treatment before they may be permitted to utilize a less-preferred alternative that ranks lower on the ordered list below:

(i) Lagoon treatment/spray irrigation

(ii) Package treatment/spray irrigation

(iii) Community septic tank/sand filter/subsurface

(iv) Package plant/sand filter/spray irrigation

(v) Package plant/ direct discharge to groundwater

(vi) Package plant/seasonal spray-discharge

(B) All site plans and preliminary plats for connection to the public sewer system shall be reviewed and approved by the Planning Commission and the Harpers Ferry/Bolivar Public Service District. Main collector sewer lines shall be designed for a minimum line size of 8 inches in diameter and at a minimum slope of 0.50 percent.

(C) All sanitary facilities shall be installed at the expense of the developer in accord with West Virginia Public Service Commission Rule 5 and all State and Federal standards relating to the Chesapeake Bay Watershed area.

(t) Fire Protection Standards

(1) New subdivisions shall provide fire hydrants every 300 feet.

(2) Commercial or industrial buildings and multi-family dwellings shall be located within 300 feet of a fire hydrant.

(3) A fire hydrant shall not be placed closer than 10 feet to any driveway.

(u) Wall and Fence Design Standards

(1) Within the area lying between any abutting street right-of-way and the front setback line (front yard) of the build-able area when projected to the sidelines, no fence or wall shall exceed a height of four (4) feet above grade.

(2) Within the area lying between the front setback line and the rear line of the lot, no fence or wall shall exceed a height of six (6) feet above grade, except within the build-able area a fence may be a maximum height of eight (8) feet above grade.

(3) All fences shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

(4) All fences and walls must be erected within the property lines, and no fence or wall shall be erected so as to encroach upon a public right-of-way and are the responsibility of the property owner.

(5) Supporting members of a fence may be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.

(6) Barbed wire and razor wire shall not be permitted.

(7) Electric fencing is prohibited (excluding low voltage underground “invisible” fencing intended to protect pets).

(8) Within commercial and industrial properties, the height of the fencing and its design shall be subject to the approval of the Planning Commission.

(9) A grade separation of three feet or greater adjacent to a public way shall be required to have safety fencing or railing.

(v) Easements. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines. Easements shall be fully indicated on the final subdivision plat.

(1) The Planning Commission may require a perpetual unobstructed easement at least fifteen (15) feet in width for pedestrian access to community facilities or other nearby streets. The Planning Commission shall require a paved pedestrian and/or cycling walkway within the easement.

(2) Where a subdivision borders on a watercourse, pond, or lake in an area commonly used or designated for recreational use, the Planning Commission may require easements to be reserved for public access to the water.

(3) Perpetual unobstructed easements at least twenty feet in width for utilities shall be provided where it is not feasible to locate wholly within the street public right of way.

(4) Where the subdivision borders an existing street and the Planning Commission determines that additional street right of way is required for street widening or realignment, such additional right of way shall be reserved.

(5) No easement shall be less than fifteen feet (15) in width unless approved by the Planning Commission.

(w) Monuments

(1) Steel bars with identifying caps shall be set at the intersection of all lines forming angles in the boundary of the subdivision and at all block corners, angle points, lot corners, and points of curvature and at intersections along street right-of-way lines. The Planning Commission may require additional monuments at other points. The developer shall bear the cost of replacing a disturbed monument until construction of the subdivision is completed.

(A) Subdivisions containing less than ten lots shall have at least one monument.

(B) Subdivisions of ten (10) or more lots shall have at least two (2) monuments.

(C) Markers shall consist of steel bars at least fifteen inches long and not less than three-quarters of an inch in diameter or may be cut stone six inches by six inches by three feet long with a drill hole in the center or reinforced concrete six inches by six inches by three feet long with a one-half-inch round brass pin in the center.

(D) Monuments and markers are considered improvements to the subdivision, and their placement will be guaranteed per these ordinances.

(x) Parks, Open Space and Recreation Areas

(1) In reviewing subdivision plats, the Commission will consider the adequacy of existing or proposed park, open space, or recreation facilities to serve the subdivision.

(2) The purpose of this section is to ensure that open space and sites for public use will be properly located and preserved as the community develops and that the cost of providing the public school, park, and recreation sites necessary to serve the additional families brought into the community by subdivision development will be most equitably apportioned on the basis of the additional need created by the individual subdivision development.

(3) Open space, playgrounds, or other recreational areas shall be set aside in relationship to the number of dwelling units per gross acre as set forth in this section. Open Space shall be planned and improved, accessible and usable by persons living nearby. Improved shall mean cleared of underbrush and debris and may contain one or more of the following improvements: landscaping, walls, fences, walks, statues, fountains, ball fields, and/or playground equipment. Walls and fences shall be made of brick, stone, wrought iron, or wood and not exceed 3.5 feet in height. (Exceptions: fences used in conjunction with ball fields and tennis courts).

Open space features should provide focal points for the neighborhood. A central square or green, for example, may comprise a majority of the open space. There should be a hierarchy of open space within new neighborhoods to serve the needs of all residents.

(4) Open Space Types

(A) Squares

(i) These are areas for passive recreational use. Squares shall be bounded by streets on at least 3 sides or 75% of their perimeter. Minimum size: 500 square feet. Maximum size: 1 acre.

(ii) Squares may be entirely paved in an approved pervious surface, partially paved, or entirely in a soft landscaping.

(iii) Squares are encouraged to be planted parallel to all street rights of way with street trees.

(B) Parks. Neighborhood parks, community parks and specialty parks are to be a part of new development in accord with the Bolivar Comprehensive Plan. Not all developments will justify an entire park or parks of all types. Where practical and in conformance with the Town’s desire for a system of open spaces should be located with the potential for expansion or linkage.

(y) Dimensional Standards for Major Subdivisions

(1) Maximum Density: One dwelling unit per 5 acres, Adjusted Tract Acreage.

(2) Minimum Street Frontage: 150 feet.

(3) Yard Regulations: The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:

Front: 40 feet from the right-of-way of existing streets, new subdivision streets, country lanes, or common driveways (where applicable).

Rear: 40 feet minimum for principal buildings and 10 feet for accessory buildings (except that accessory with a ground-floor area exceeding 500 square feet shall conform to the setback requirements for principal structures).

Side: 30 feet

(4) Maximum Impervious Coverage: 4 percent limit on entire subdivision tract.

(5) Maximum Height Regulations: 38 feet

(6) All set back requirements are subject to Greenway Land design standards, see section 1325.07 part z.

(z) Greenway Land Use and Design Standards. Protected greenway land in major subdivisions shall consist of an area equal to or greater than 50% of the total subdivision and shall meet the following standards:

(1) Uses Permitted on Greenway Lands. The following uses are permitted in greenway land areas.

(A) Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).

(B) Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.

(C) Pastureland for horses used solely for recreational purposes. Equestrian facilities may be permitted, upon agreement of the Bolivar Planning Commission, but may not consume more than 3/4 of the minimum required greenway land.

(D) Silviculture, in keeping with established standards for selective harvesting and sustained-yield forestry.

(E) Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Commission.

(F) Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required greenway land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same may also be permitted, and they shall generally be gravel surfaced, unlighted, and properly drained; provide safe ingress and egress; and contain no more than ten parking spaces.

(G) Golf courses may constitute up to half of the minimum required greenway land but shall not include driving ranges or miniature golf. Their parking areas and any associated structures shall not be included within the 50 percent minimum greenway requirement; their parking and access ways may be paved and lighted.

(H) Water supply and sewage disposal systems and stormwater detention areas designed, landscaped, and available for use as an integral part of the greenway.

(I) Easements for drainage, access, sewer or water lines, or other public purposes.

(J) Aboveground utility rights-of-way. Above-ground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land. Underground utilities are preferred.

(2) Greenway Design Standards

(A) Greenway lands shall be laid out to ensure that an interconnected network of open space will be provided.

(B) Buffers for Adjacent Public Parkland: Where the proposed development adjoins public parkland, a natural greenway buffer at least one hundred fifty (150) feet deep shall be provided within which no new structures shall be constructed nor shall any clearing of trees or undergrowth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Commission may require that vegetative screening be planted or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.

(3) Other Requirements

(A) Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes as permitted herein, shall be provided to greenway land in accordance with the following requirements:

(i) Each neighborhood shall provide one centrally located access point

per 15 lots, a minimum of thirty-five (35) feet in width.

(ii) Access to greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.

(B) All greenway land areas that are not wooded, farmed, or managed as meadows shall be landscaped and routinely maintained.

(C) Permanent Greenway Protection through Conservation Easements. The greenway land that is required to be reserved and created through the subdivision process shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails and active recreation facilities or to install subsurface septic disposal systems or spray irrigation facilities. The determination of necessity shall lie with the Bolivar Planning Commission. A list of permitted and conditional uses of greenway lands is contained above in this Article.

(aa) Discretionary Density Bonuses for Major Subdivisions. Additional density may be allowed by the Bolivar Planning Committee when one of the following public benefits is proposed:

(1) Public Usage of Greenway Land

The Planning Commission may encourage the dedication of land for public use (including active and passive recreation areas, spray irrigation areas, and municipal buildings) according to the following standards: A density bonus for greater public usage if greenway land in new subdivisions shall be computed on the basis of a maximum of one dwelling unit per five acres of greenway land or per 2,500 feet of trail that becomes publicly accessible. The decision whether to accept an applicant's offer to dedicate greenway land to public usage within a proposed subdivision shall be at the discretion of the Bolivar Town Council, which shall be guided by the recommendations contained in the Comprehensive Plan & Subdivision Ordinance, particularly those sections dealing with active recreational facilities and passive trail networks.

(2) Provision of Affordable Housing

A density increase as permitted where the major subdivision proposal provides housing opportunities for low- or moderate income families as determined by the US. Department of Housing and Urban Development. When such housing provision is proposed, the Planning Commission shall require evidence that these units will in fact be constructed by a certain date. The amount of density increase shall be based on the following standard: For each affordable housing unit provided under this section, one additional building lot or dwelling unit shall be permitted, up to a maximum 20 percent increase in dwelling units.

(3) Implementation

(A) Through a combination of these two (2) discretionary density bonus activities, the minimum lot size for a major subdivision may not be reduced to less than one (1) house per three (3) acres.

(B) No more than ten (10) percent of the required private green space may be used for affordable housing or public usage

(C) Final approval of all discretionary density bonuses and subsequent transfer of land for public use shall be approved by the Bolivar Planning Commission, then reviewed by the Bolivar Town Council at a Public Meeting, and finally approved by the Town Council at a regularly scheduled meeting.

(bb) Ownership and Maintenance of Greenway Land and Common Facilities

(1) All greenway land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in Section 1325.07 (z).

(2) Ownership Options. The following methods may be used, either individually or in combination, to own common facilities; however, greenway land shall be initially offered for dedication to the municipality. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:

(A) Fee Simple Dedication to the Municipality: The municipality may, but shall not be required to, accept any portion of the common facilities, provided that:

(i) There is no cost of acquisition to the municipality; and,

(ii) The municipality agrees to and has access to maintain such facilities.

(B) Homeowner Association: Common facilities may be held in common ownership by a homeowner association, subject to all of the provisions for homeowner associations set forth in state regulations and statutes. in addition, the following regulations shall be met:

(i) The applicant shall provide the municipality a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.

(ii) The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.

(C) Private Conservation Organization: With permission of the municipality, an owner may transfer either fee simple title of the open space or easements on the open space as a co-holder with a private nonprofit conservation organization or provided that:

(i) The conservation organization is acceptable to the municipality and is a bona fide conservation organization intended to exist indefinitely;

(ii) The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or becomes unwilling or unable to continue carrying out its functions;

(iii) The greenway land is permanently restricted from future development through a conservation easement and the municipality is given the ability to enforce these restrictions; and

(iv) A maintenance agreement acceptable to the municipality is established between the owner and the organization.

(D) Dedication of Easements to the Municipality: The municipality may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the homeowner association, or private conservation organization while the easements are held by the municipality. In addition, the following regulations shall apply:

(i) There shall be no cost of acquisition to the municipality.

(ii) Any such easements for public use shall be accessible to the residents of the municipality.

(iii) A satisfactory maintenance agreement shall be reached between the owner and the municipality.

(E) Non-common Private Ownership: Up to 80 percent of the required greenway land may be included within one or more large "conservancy lots" of at least ten acres provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in Section 1325.06, and that the municipality is given the ability to enforce these restrictions.

(3) Maintenance

(A) Unless otherwise agreed to by the Bolivar Planning Commission the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, homeowner association, or conservation organization.

(B) The applicant shall, at the time of preliminary plan submission, provide a Plan for Maintenance of Greenway Lands and Operation of Common Facilities in accordance with the following requirements.

(i) The plan shall define ownership;

(ii) The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadows, pastures, croplands, woodlands, etc.);

(iii) The plan shall estimate staffing needs, insurance requirements, and associated costs and define the means for funding the maintenance of the greenway land and operation of any common facilities on an

on going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;

(iv) At the municipality's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year;

(v) Any changes to the maintenance plan shall be approved by the Bolivar Planning Commission.

(C) In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.

(D) The municipality may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action will be charged to the property owner, homeowner association, conservation organization, or individual property owners who make up a condominium or homeowner association and shall include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality in the office of the Jefferson County Recorder.

(cc) Exceptions/Waivers

(1) The rules, ordinances and standards set forth in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Town. However, if the applicant can clearly show that, because of peculiar conditions concerning his lands, the literal enforcement of these standards is impracticable or will exact undue hardship, the Planning Commission may allow such exemptions as may be reasonable, within the general purpose and intent of the rules, ordinances and standards established by this chapter.

(2) Should improvements be required which are not provided for within this article, then such improvements shall be designed and constructed in accordance with good engineering practices and recognized design standards and subject to the review of the Zoning Administrator, designee, or representative and the approval of the Planning Commission.

1325.08 OFF-SITE STORM WATER MANAGEMENT

(a) A developer may choose to eliminate on-site stormwater control measures by:

(1) Connecting to an existing Town storm drain system using a route and method reviewed and approved by the Bolivar Planning Commission and then reviewed by the Bolivar Streets Committee and approved by the Bolivar Town Council.

(2) Establishing or being a part of a regional stormwater control system approved by the City.

(b) When choosing to connect to an existing City storm drain system, the developer must submit a hydraulic / hydrologic analysis that shows that the proposed improvements are feasible and do not increase the risk of flooding or damage to adjoining or downstream storm drain system. The analysis shall start at a point where the City system discharges to a live stream.

(c) All off-site storm water management systems must comply with all drainage engineering standards established by the Town prior to the approval of a permit.

(d) The off-site improvements to any Town storm drain system will be constructed at the developer’s cost.

(e) See Planning and Zoning, Appendix A. Jefferson County design standards for drainage may be required as well, at the discretion of the Planning Commission. Appendix A, B and C (Standard details) are available for review in the Town Office and Planning Commission Office.

1325.09 MULTI-FAMILY DEVELOPMENT GUIDELINES

The purpose of this section is to establish development guidelines that will assist the development, the community, and the Planning Commission in the review of multifamily developments. It is the objective of the Town of Bolivar to have multi-family developments that feature many quality elements. Multi-family developments should provide a combination of natural, site design, and recreational amenities that help create attractive, livable communities and provide a desirable housing alternative to detached single-family homes. These guidelines have been developed to identify the quality elements that should be incorporated into multi-family developments.

(a) Development Policies/Guidelines for Multi-Family Subdivisions:

(1) Preliminary map requirements. In addition to the requirements, as outlined in Article 1324.04 sections a-e, multi-family subdivision applications must submit the following information prior to final plan approval.

(A) A dimensioned and scaled outline of each site (building site) upon which a principal land use or a principal building is to be located. The position of each building must be referenced to a station along the centerline of an interior subdivision road right-of-way. Identify each building site as to approximate acreage, proposed use, size of building, number, location and layout of parking spaces, the location and dimensions of entrances and exits, and the location and dimensions of sidewalks.

(B) A number to identify each building site.

(D) The location and dimensions of all real estate not subject to development rights or subject only to the development right to withdraw and the location and dimensions of all existing improvements within that real estate.

(E) A legally sufficient description of any real estate subject to development rights, labeled to identify the rights applicable to each parcel.

(F) The extent of any encroachments by or upon any portion of the common interest community.

(G) To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the common interest community.

(H) The location and dimensions of any vertical unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of the Uniform Common Interest Ownership Act (UCIOA) Chapter 36B of the West Virginia Code and that unit's identifying number.

(I) The location with reference to an established datum of any horizontal unit boundaries not shown or projected on plans recorded pursuant to subsection (d) of UCIOA and that unit's identifying number.

(J) A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as "leasehold real estate."

(K) The distance between noncontiguous parcels of real estate comprising the common interest community.

(L) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and the other limited common elements described sections 2-102 (2) and (4) [#36B-2102 (2) and (4) of Chapter 36B, West Virginia Code.

(M) In the case of real estate not subject to development rights, all other matters customarily shown on land surveys.

(N) A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the common interest community. Any contemplated improvement shown must be labeled either "MUST BE BUILT" or "NEED NOT BE BUILT".

(O) The location and dimensions of the vertical boundaries of each unit and that unit's identifying number.

(P) Any horizontal unit boundaries, with reference to an established datum and that unit's identifying number.

(Q) Any units in which the declarant has reserved the right to create additional units or common elements, identified appropriately.

(R) Unless the declaration provides otherwise, the horizontal boundaries of part of a unit located outside a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plats and plans.

(S) A final list of restrictive covenants and conditions including any special covenants and conditions requested by the Planning Commission or a final statement of project rules and regulations.

(T) A final project development schedule (construction schedule) for all improvements to be installed on the tract.

(2) Design and Construction Guidelines. All applicants shall conform to all design and construction standards included in Article 1324.07 of this ordinance, as well as, the following additional design standards.

(A) Roads and Rights-of-Wav Specific to Multi-family Subdivisions

(1) Multi-family Subdivision roads shall be coordinated with existing or proposed public roads. Generally, individual building sites shall not have direct access to public roads. Building sites shall be served by internal subdivision roads unless otherwise approved by the Planning Commission. Subdivision road entrances onto public roads shall be acceptable to the Planning Commission and to the West Virginia Department of Highways according to location, number of entrances, drainage provisions and traffic safety.

(2) Generally, a multi-family subdivision shall be served by at least two entrances. Where a subdivision entrance slopes toward a public highway, the entrance slope may not exceed a three percent grade for at least 100 linear feet into the subdivision. Where an entrance slopes away from a public highway, the entrance slope may not exceed a five percent grade for at least 100 linear feet into the subdivision. The Engineer may require suitable road grades for distances that exceed 100 feet into a subdivision if expected traffic flows indicate such a need.

(3) Multi-family subdivision road design shall have a reasonable relationship to tract topography in order to minimize earthwork and erosion, insure reasonable grades and produce useable building sites.

(4) Dead-end subdivision roads and rights-of-way shall terminate in parking areas adequately dimensioned to serve anticipated parking and traffic flow, or turnarounds according to the following:

diameter of turnaround right-of-way -- 100 ft.

diameter of finished road in turnaround -- 80 ft.

width of shoulder -- 2 ft.

fillet radius -- 20 ft.

Turnarounds may be landscaped in the center with trees, shrubs or other suitable vegetation.

Parking areas shall be in accordance with Articles relating to the proposed use.

(5) When multi-family units are proposed for residential use, a conveniently located and dimensioned area of one thousand (1000) square feet or greater shall be dedicated for the purpose of school bus service and mail service. Such area shall be asphalt surfaced.

(B) Curbs, Gutters, Sidewalks Specific to Multi-family subdivisions

(1) Road curbs and gutters shall be constructed in all multi-family subdivisions.

(2) Sidewalks shall be constructed in multi-family subdivisions where the Planning Commission determines that pedestrian traffic will equal or exceed that generated by conventional subdivisions having a net residential density of four or more dwelling units per acre of land.

(3) Road curbs shall be constructed as required by Section 1325.07

(4) Drainage gutters shall be constructed as required by Section 1325.07

(5) Sidewalks shall be constructed as required by Section 1325.07 Sidewalks shall be adjacent to and serve each building site within a multi-family subdivision and where a sidewalk is located outside of a road right-of-way, it shall be identified by a separate platted right-of-way.

(6) Sidewalks, pathways or trails shall also be used to provide for pedestrian circulation and access to open space, recreational areas, and other common facilities to create a comprehensive pedestrian circulation system.

(1) The placement of culverts under entrances to individual building sites shall be the responsibility of the subdivider. Such culverts shall be placed along the ditch grade line and shall be sized to accommodate expected water flows as approved by the Engineer.

(2) Provisions for stormwater management, erosion and sediment control and storm drainage shall be as required by Section 1325.07 and .08

(D) Water and Sewer Systems

(1) Provisions for water and sewer systems shall be as required by Section 1325.07

(E) Building Sites and Setbacks

(1) The ratio between building site depth and width shall not exceed 3:1. Building sites with long narrow extensions (pipestems) shall not be permitted even though average depth to width ratios may not exceed 3:1. For corner lots width will be measured parallel to the designated rear line.

(2) Acute corners of building sites shall have angles of no less than sixty degrees, unless otherwise approved by the Engineer due to site limitations or other design considerations.

(3) Building site boundary lines shall not extend into road rights-of-way but shall be drawn to the edge of such road rights-of-way.

(4) Every building site shall have a minimum road frontage (width) of 80 feet along a platted road right-of-way. Lesser widths may be accepted by the Engineer along road turnarounds.

(5) Setbacks separating multi-family buildings and adjoining properties shall comply with Bolivar Planning and Zoning Ordinance

(6) Minimum spacing between multi-family buildings contained within an individual parcel are as follows:

(a) Between two buildings containing multi-family residential units: 30 feet or the height of the taller of the two buildings, whichever is greater.

(b) Between two buildings containing one single family unit in each building: 17 feet.

(c) Between two buildings containing non-residential uses: 50' or the height of the taller of the two buildings, whichever is greater.

(d) Between a building containing non-residential uses and a building containing any residential use: 100 feet.

(7) Buildings, which are attached to each other by a common fire-rated party wall, e.g. townhouses or duplexes, for purposes of determining minimum spacing, shall be defined as a single building.

(F) Underground Utilities

(1) All utility lines (e.g. power, telephone) within multi-family subdivisions shall be placed underground.

(2) All multi-family subdivisions shall be furnished with lighting units to illuminate sidewalks and roads. Lighting shall conform to section 1325.07 Layout and installation of lighting units shall be acceptable to the Engineer.

(G) Constructions Plans and Specifications

1. Constructions plans and specifications for Multi-family subdivisions shall be submitted in accordance with section 1325.04

(H) Construction Practices

(1) Construction practices for Multi-family subdivisions shall be according to the provisions in section 1325.07

(I) Recreational Areas and Structures. An area shall be provided within the development that is conveniently accessible to residents for recreational use. The area should be designed to serve a variety of passive and active uses and should be designed and located in a manner that enhances the form and appearance of the development. The recreational area should be a non-linear, consolidated area of sufficient size, and the location should be outside the flood plain and steep slopes.

The developer should include recreational structures, such as gazebos, clubhouses, swimming pools, tot lots, and tennis and basketball courts. These structures should not be located within a flood plain or on steep slopes.

(J) Open Space. Open space areas in addition to the required building setbacks and areas between buildings should be provided. These areas may include flood plain or other environmentally sensitive features. Impervious cover should not exceed 4% of the acreage of the site.

(K) Perimeter Buffer. The perimeter of the project shall be landscaped. In areas where natural screening or other vegetative and tree cover is not present, a planted buffer should be provided and include at a minimum 4 large deciduous or evergreen trees, 2 small trees, and 16 shrubs for every 100 feet.

1325.10 COMPLIANCE; ADMINISTRATION AND ENFORCEMENT; VIOLATION; PENALTY

(a) Compliance. No land in the Town of Bolivar subject to the provisions of this ordinance shall be subdivided nor shall any person record a subdivision plat, deed or other instrument, begin the sale or lease of lots or development of a subdivision by constructing buildings or homes, streets or roads, water facilities, sewerage facilities, drainage facilities, or other improvements, without having first complied with the provisions of this ordinance. A building permit shall not be issued for any building or structure on a lot or on land that does not comply with the provisions of this ordinance.

Failure to meet all conditions attached to the final plat approved for a development project shall constitute cause to deny the issuance of any of the required use, occupancy or improvement location permits, as may be appropriate.

(WV Code 8A-6-3(3)(b)

Any plat, deed or other instrument which forms a new tract(s) of land not previously on record must be reviewed and certified by the Bolivar Planning Commission and then reviewed and certified by the Bolivar Town Council either as a subdivision or as an eligible exemption from the subdivision regulations.

A plat, deed or other instrument forming a new tract(s) of land not previously on record shall not be recorded by the clerk of Jefferson County unless it has been certified by the Bolivar Planning Commission and then reviewed and certified by the Bolivar Town Council. The recording of such a plat, deed, or instrument shall be without legal effect unless certified by the Bolivar Town Council.

All subdivision plats approved and sealed by the Bolivar Planning Commission and Bolivar Town Council shall be recorded with the clerk of the Jefferson County Commission within 60 days from the date the seal is placed on the final plat.

(b) Administration and enforcement. Administration and enforcement of this ordinance shall be the responsibility of the Bolivar Town Council or its designated agent.

When it appears to the town council or its designated agent that a violation of this ordinance has occurred, the council or its agent shall attempt to notify the responsible person by means of a written violation notice. The violation notice shall specify the nature of the violation and shall request that the violation be terminated within 15 days from the date appearing on the notice. Failure to terminate the violation within the requested time shall be cause for the council or its agent to:

(1) Seek an injunction or an order for abatement in the circuit court of Jefferson County to restrain the responsible person from continuing the violation cited or seek an injunction requiring removal of structures or land uses from the property involved; or

(2) Issue a warrant for the arrest of the person responsible for the violation and seek a conviction in the circuit court of Jefferson County.

(c) Violation. It shall be unlawful for any person, as defined herein, or whether as owner, lessee, principal, agent, employee or otherwise, to violate or permit to be violated any provision of this ordinance.

(d) Penalty. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00 nor more than $500.00. Each day during which any violation of this ordinance continues shall constitute a separate offense. A stop work order shall be put into place as soon as a violation occurs.

1325.11 AMENDMENT; VARIANCE; APPEAL

(a) Amendment. All amendments to this ordinance shall be adopted by the Bolivar Town Council according to the procedures set forth in sections 8A-4-5 of the West Virginia Code.

(b) Variance. Any request for a variance from the provisions of this ordinance shall be made in written form and shall be submitted to the Bolivar Planning Commission by the subdivider. A variance request shall clearly specify the nature of the variance being requested and the reasons for the request.

A variance request may be granted by the Planning Commission only when it is determined that the variance:

(1) Will not adversely affect the public health, safety or welfare, or the rights of adjacent property owners or residents;

(2) Would eliminate an unnecessary hardship and permit a reasonable use of the land; and

(3) Arises from special conditions or attributes which pertain to the property for which a variance is sought and which were not created by the person seeking the variance; and

(4) Will allow the intent of the ordinance to be observed and substantial justice done.

(c) Appeal. Appeals regarding any decision made by the town council in the administration of this ordinance shall go to the Board of Zoning Appeals.

1325.12 VALIDITY; CONFLICT WITH OTHER LAWS

(a) Validity. If any article, section, subsection, paragraph, clause or provision of this ordinance shall be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of this ordinance as a whole or any other part hereof.

(b) Conflict with other laws. Where the provisions of this ordinance impose greater restrictions than those of any other ordinance or regulation, the provisions of this ordinance shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this ordinance, the provisions of such statute, ordinance or regulation shall be controlling.

1325.13 SCHEDULE OF FEES

(a) Minor Subdivision

Application fee: $150.00

Map and Plan Review (residential) 100.00 plus 25.00 for each dwelling unit Map and Plan Review (non-residential) 500.00

(b) Conventional and Major Subdivision

Application fee: $350.00

Sketch Plan Review (residential): 500.00 plus $25.00 per lot/dwelling unit Sketch Plan Review (non-residential): 500.00 plus $100.00 per acre

Final Plan: 500.00

Text or Map Adjustment 250.00

Revisions: ½ of Original Application Fee

Stormwater Management Review: The cost per review varies and is dependent on the time it takes to review the project. A $500.00 deposit is due at the time of plan and application submittal. A fee of $250.00 must accompany any subsequent submissions of the same plan for review. Should there be a balance due to the applicant, it will be processed and refunded by the Town of Bolivar.

Permit fee: $ 10.00

Inspection fees: $150.00 per lot/dwelling unit

Construction fee: $10/$1000 of cost

ARTICLE 1325, SUBDIVISIONS

First Reading: the 1^st day of February, 2005

Second Reading: the _____ day of February, 2005

Enacted and Ordained this ______ day of February, 2005

_______________ Attest: _______________

Timothy J. Collins Jean Reed, Recorder

Mayor of Bolivar Municipality of Bolivar