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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.

________________________________________________________________________________

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.

                           (c) No public or private street is constructed or requires widening.

                                  (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

1324.04 (b) Preliminary Requirements and Review

1324.04 (c) Sketch Plan Requirements and Review

1324.04 (d) Final Plan Requirements and Review

1324.04 (e) Final Plan Approval

1324.04(f) Proffers


 

 

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

              (C) Site Inspection by Planning Commission and Applicant

              (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