The office of zoning administrator is hereby established, subject to the following:

a.

Authority. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce this chapter. This authority includes, but is not limited to:

1.

Interpreting this chapter and the official zoning map;

2.

Administering this chapter by making determinations and decisions on any matters arising under this chapter, including but not limited to, how a building, structure or use should be classified, whether a use is permitted within a particular zoning district, whether a proposed building or structure complies with setback, height, bulk and other requirements, whether a building, structure, use or lot is nonconforming, and whether a lot meets minimum lot size requirements.

3.

Ordering in writing the remedying of any use or structure determined to be in violation of this chapter;

4.

Insuring compliance with this chapter, bringing legal action, including an action for injunction, abatement, civil penalties or other appropriate action or proceeding subject to appeal as provided by Virginia Code § 15.2-2311 and this chapter;

5.

In specific cases, making findings of fact and, with concurrence of the county attorney, conclusions of law regarding determinations of rights under Virginia Code §§ 15.2-2307 and 15.2-2311(C);

6.

Enforcing the provisions of this chapter regulating the number of persons permitted to occupy a single-family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws;

7.

Making decisions and determinations as to whether a pending site plan, subdivision plat, building permit application or any other application subject to review and approval by the county or the program authority complies with this chapter;

8.

Administering and enforcing proffers accepted in conjunction with zoning map amendments, including: (i) ordering in writing the remedying of any noncompliance with the proffers; (ii) insuring compliance with the proffers by bringing legal action, including an action for injunction, abatement, or other appropriate action or proceeding; and (iii) requiring a guarantee in the form of a surety bond, letter of credit, cash deposit, or another form of guarantee determined to be acceptable by the county attorney, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffers, 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 zoning administrator, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part; and

9.

Keeping and making available for public inspection a conditional zoning index. The index shall provide ready access to the proffers accepted in conjunction with a zoning map amendment and the regulations provided for in a particular district or zone. The index also shall provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the board of supervisors pursuant to Virginia Code § 15.2-2303.2. The zoning administrator shall update the index annually and no later than November 30 of each year.

b.

Absence of specific authority not a limitation. The specific authority expressly granted to the zoning administrator in other sections of this chapter shall not be construed to be a limitation on the authority of the zoning administrator to administer and enforce those sections where specific authority is not expressed.

(§ 31.1, 12-10-80; Ord. 09-18(3), 7-1-09)(§ 33.3.3, 12-10-80); Ord. 12-18(7), 12-5-12, 4-1-13)

State Law reference— Va. Code §§ 15.2-2286(A)(4),(14), 15.2-2299, 15.2-2300.

The zoning administrator shall review building permit applications submitted to the building official as follows:

a.

Review. The zoning administrator shall review each building permit application to ensure that the proposed building or structure complies with this chapter. Within each neighborhood model district, the director of planning shall also review each building permit application to determine whether the proposed structure conforms to the architectural and landscape standards in the approved code of development.

b.

Information to be submitted; number of copies. Each applicant shall provide two copies of the building plans, two copies of the approved site plan if applicable, and a copy of the most recent plat of record of the site to be built upon unless no such plat exists, in which case the applicant shall provide a copy of the most recent deed description of the land. Each applicant shall also provide any other information the zoning administrator deems necessary to review the application.

c.

Approval. If the proposed building or structure and stated use comply with this chapter, the zoning administrator shall approve the building permit application as to its compliance with this chapter. Upon approval of the building permit, one copy of the building plan shall be returned to the applicant with the permit.

d.

Circumstances when building permit shall not be approved. The zoning administrator shall not approve a building permit in the following circumstances:

1.

No building permit shall be issued for any building or structure for which a site plan is required unless and until the site plan has been approved.

2.

No building permit shall be issued for any structure to be served by an individual well subject to a Tier 1 groundwater assessment under Albemarle County Code section 17-1000 until the applicant complies with Albemarle County Code section 17-10001.

3.

No building permit shall be approved in violation of any provision of this chapter.

e.

Other information for building official. The zoning administrator shall inform the building official of any other applicable laws or any other provision of the Code to which the building or structure would not comply and, therefore, a building permit application should not be approved by the building official.

(§ 31.2.1, 12-10-80; Ord. 01-18(6), 10-3-01 (part); § 31.2.2, 12-10-80; Ord. 04-18(4), adopted 12-8-04, effective 2-8-05 (part); Ord. 09-18(3), 7-1-09; Ord. 15-18(5), 7-8-15)

The zoning administrator shall review requests for zoning permits for those buildings and structures not required to file a building permit application, as follows:

a.

When required. Prior to starting, establishing, constructing, reconstructing, enlarging or altering any buildings or structures for which a building permit application is not required under the building code, the applicant shall request a zoning permit.

b.

Review. The zoning administrator shall review each zoning permit application to ensure that the proposed building or structure complies with this chapter. Each applicant shall provide a copy of the most recent plat of record of the land to be built upon unless no such plat exists, in which case the applicant shall provide a copy of the most recent deed description of the land. Each applicant shall also provide any other information the zoning administrator deems necessary to review the application.

c.

Approval. If the proposed building or structure and stated use comply with this chapter, the zoning administrator shall approve the zoning permit application.

d.

Inspection. Prior to commencing use, the zoning administrator shall require an inspection of the building or structure upon completion of construction to ensure compliance with this chapter.

(§ 31.2.1, 12-10-80; Ord. 01-18(6), 10-3-01 (part); § 31.2.2, 12-10-80; Ord. 04-18(4), adopted 12-8-04, effective 2-8-05 (part); § 31.2.3.3, 9-9-92; Ord. 01-18(6), 10-3-01 (part); Ord. 09-18(3), 7-1-09; Ord. 17-18(5), 10-11-17)

The zoning administrator shall review certificates of occupancy submitted to the building official as follows:

a.

Review. Prior to issuance of a certificate of occupancy, the zoning administrator shall review the certificate to ensure that the building, structure and improvements comply with this chapter.

b.

Approval. If the proposed building, structure and improvements, and the proposed use thereof, comply with this chapter, the zoning administrator shall issue the certificate of occupancy. The final zoning inspection approval or approvals may serve as evidence of the zoning administrator's approval of the certificate of occupancy for any addition or alteration to a building or structure for which a certificate of occupancy has previously been issued or is not required under the building code.

c.

Certificate of occupancy where improvements not completed. Upon the request of a developer, the zoning administrator may approve a certificate of occupancy where the buildings or structures shown on a site plan are completed in compliance with the building code and this chapter before all improvements required by the site plan are completed, as follows:

1.

Required findings. The zoning administrator may approve a certificate of occupancy upon finding that: (i) the improvements still to be completed and operating are not directly related to health and safety, such as fire hydrants and safe and convenient access to public roads; and (ii) the site may be occupied without endangering life or public health or safety prior to full completion of the improvements required by the site plan.

2.

Surety. Before issuing a certificate of occupancy, the zoning administrator may require the developer to provide a certified check, bond with surety, a letter of credit, or other form of surety, all of which shall be in a form satisfactory to the county attorney, in an amount sufficient for and conditioned upon the completion of the improvements within one year. Upon the request of the developer prior to the expiration of the surety, the zoning administrator may extend the period of the surety if the developer demonstrates that an extension is required because of adverse weather conditions or other unusual circumstances beyond the developer's control, rather than the developer's failure to diligently pursue completion or other reasons.

d.

Circumstances when certificate of occupancy shall not be issued. The zoning administrator shall not issue a certificate of occupancy in the following circumstances:

1.

No certificate of occupancy shall be issued in violation of this chapter.

2.

No certificate of occupancy shall be issued if, after review of any building, structure or site, the zoning administrator determines that additional improvements are necessary to protect the public health or safety, regardless of whether the improvements are shown on the site plan.

e.

Other information for building official. The zoning administrator shall inform the building official of any other applicable laws or any other provision of the Code to which the building or structure does not comply and, therefore, a certificate of occupancy should not be issued by the building official.

(§ 31.2.3.1, 12-10-80, 6-2-82, 9-9-92; Ord. 01-18(6), 10-3-01; § 31.2.3.3, 9-9-2; Ord. 01-18(6), 10-3-01; Ord. 09-18(3), 7-1-09)

The zoning administrator shall review requests for zoning clearances as follows:

a.

When required. A zoning clearance shall be required in the following circumstances:

1.

New use. Prior to establishing a new non-residential use, including those provided in subsections (a)(6) and (a)(7), or clean earth fill activity or inert waste fill activity, other than an agricultural use.

2.

Change or intensification of existing use. Prior to changing or intensifying an existing non-residential use, including those provided in subsections (a)(6) and (a)(7), other than an agricultural use.

3.

Change of occupant. Prior to a new occupant taking possession of an existing non-residential use, other than an agricultural use.

4.

Specific buildings, structures or uses. Prior to establishing any building, structure, or use for which a zoning clearance is required under section 5.

5.

Commencement of extraction activity. Prior to commencing any natural resource extraction activity within the natural resources overlay district.

6.

Events and activities at farm wineries, farm breweries, farm distilleries, and agricultural operations. Prior to the first time that a specific class of event or activity is held at a farm winery, farm brewery, farm distillery, or agricultural operation, if a zoning clearance is required under sections 5.1.25(b), 5.1.57(b), 5.1.58(d), and 5.1.59(b).

7.

Outdoor amplified music. Prior to the first time that outdoor amplified music is generated at an event or activity at a farm winery, farm brewery, or agricultural operation, as provided in sections 5.1.25, 5.1.57, and 5.1.58, respectively.

b.

Approval. If the proposed building, structure, improvements, and site, and the proposed use thereof, comply with this chapter, the zoning administrator shall issue the zoning clearance.

c.

Circumstance when zoning clearance shall not be issued. The zoning administrator shall not issue a zoning clearance if, after review of any site, the zoning administrator determines that additional improvements are necessary to protect the public health or safety, regardless of whether the improvements are shown on the site plan.

d.

Notice to the owner if the applicant is not the owner. Within ten days after receipt of a request for a zoning clearance by an applicant who is not the owner of the lot and/or structure to which the zoning clearance pertains, and prior to acting on the request, the zoning administrator or the applicant, at the zoning administrator's request, shall give written notice of the request to the owner. Written notice mailed to the owner's last known address as shown on the current real estate tax assessment records shall satisfy this notice requirement. If the zoning administrator requests that the applicant provide the written notice, the applicant shall provide satisfactory evidence to the zoning administrator that the notice has been given.

e.

Commercial and industrial uses defined. For the purposes of this section 31.5, production agriculture, production silviculture, and agricultural operations are neither commercial nor industrial uses; a home occupation is a commercial use.

f.

Effect of renumbering and renaming. Any other section of this chapter that refers to section 31.2.3.2 or to a zoning compliance clearance shall be deemed to be a reference to section 31.5 or a zoning clearance.

(§ 31.2.3.2, 9-9-92; Ord. 01-18(6), 10-3-01; Ord. 09-18(3), 7-1-09; Ord. 11-18(1), 1-12-11; Ord. 11-18(8), 8-3-11; Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15; Ord. 20-18(3), 9-16-20)

(Repealed 12-5-12, effective 4-1-13; Formerly § 31.2.4)

Any construction, use, change in use or other development is permitted in any zoning district only with an approved site plan complying with the requirements of section 32, other applicable requirements of this chapter, and all other applicable laws; provided that no site plan shall be required for the following:

a.

The construction or location of any single-family detached dwelling on a lot on which not more than two dwellings are located or proposed to be located if the lot has public street frontage, or the construction or location of one dwelling unit on a lot that does not have public street frontage.

b.

The construction or location of a two-family dwelling on any lot not occupied by any other dwellings.

c.

Any structure that is accessory to a single-family detached or two-family dwelling.

d.

Any agricultural activity except as otherwise provided in section 5.

e.

Any change in or expansion of a use unless: (i) the change or expansion requires additional parking under section 4.12; (ii) additional ingress/egress or alteration of existing ingress/egress is required by the Virginia Department of Transportation based on the intensification of the use; or (iii) additional ingress/egress or the alteration of existing ingress/egress is proposed by the developer.

f.

Any religious assembly use with assembly of not more than 200 persons.

(§ 32.2.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.2, 12-10-80; § 32.2.1, 12-10-80); Ord. 19-18(8), 12-18-19)

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2258, 15.2-2286(A)(8).

The purpose and intent of section 33 is to establish the procedural and substantive requirements and criteria for considering and acting on zoning text amendments, zoning map amendments, special use permits (except for those delegated to the Board of Zoning Appeals), and special exceptions. These provisions are intended to support and promote the Comprehensive Plan, the purpose and intent of the Zoning Ordinance, and to promote equity in all decisions.

(§ 33.1, Ord. 21-18(3), 6-2-21)

State Law reference— Va. Code §§ 15.2-2285, 15.2-2286(A)(3), (4), (7), 15.2-2303.

The Board of Supervisors may amend, supplement, or change the zoning regulations, district boundaries, or classifications of property whenever the public necessity, convenience, general welfare, or good zoning practice requires, subject to the following initiation process:

A.

Initiation of a zoning text amendment.

1.

By the Board of Supervisors. The Board of Supervisors may initiate a zoning text amendment by adopting a resolution. Any County resident may request any Board member to ask the Board to initiate a zoning text amendment or may directly request the Board to initiate a zoning text amendment.

2.

By the Commission. The Commission may initiate a zoning text amendment by adopting either a motion or a resolution.

B.

Initiation of a County initiated zoning map amendment. Any proposed zoning map amendment is initiated: (i) by resolution of the Board of Supervisors; (ii) by motion or resolution of the Commission.

(§ 33.2, Ord. 21-18(3), 6-2-21)

State Law reference— Va. Code §§ 15.2-2285, 15.2-2286(A) (4), (7), 15.2-2302.

Each zoning text amendment and each county-initiated zoning map amendment is subject to the following provisions:

A.

The Agent may schedule work sessions before the Board of Supervisors, the Commission, and the Architectural Review Board, if applicable. The Agent may also hold stakeholder meetings, community meetings, and other forms of public engagement, as the Agent determines to be appropriate or as directed by the Board of Supervisors or the Commission, to consider any proposed zoning text amendment or zoning map amendment.

B.

Public hearings. Before the Board of Supervisors acts on a zoning text amendment or a zoning map amendment, the Commission will hold at least one public hearing before making its recommendation to the Board on each application. The Board also will hold at least one public hearing before acting on a zoning text amendment or a zoning map amendment.

C.

Notice of the public hearing will be provided pursuant to section 33.10.

D.

Recommendation by the Planning Commission. The Commission will act on a proposed zoning text amendment or zoning map amendment under the following provisions:

1.

Recommendation. The Commission will recommend either approval as proposed, approval with recommended changes, or denial.

2.

Factors to be considered. In making its recommendation, the Commission will consider the factors listed in section 33.6(B).

E.

Action by the Board of Supervisors. The Board of Supervisors will act on a proposed zoning text amendment or zoning map amendment under the following provisions:

1.

Action. The Board may either adopt the proposed amendment, deny the proposed amendment, or refer the matter back to the Commission for further consideration and recommendation. The Board may not adopt a zoning map amendment allowing a more intensive use, or including more land, than was contained in the public notice without an additional public hearing after notice is provided pursuant to Virginia Code §§ 15.2-2204 and 15.2-2285(C).

2.

Factors to be considered. In acting on a zoning text amendment or zoning map amendment, the Board will consider the factors listed in section 33.6(B).

F.

Judicial review. Any action contesting a decision of the Board of Supervisors under this section must comply with Virginia Code § 15.2-2285(F).

(§ 33.3, Ord. 21-18(3), 6-2-21)

State Law reference— Va. Code §§ 15.2-2204, 15.2-2285, 15.2-2286(A)(4), (7).

The Board of Supervisors reserves the power to consider and approve or deny all applications for special use permits except where that power has been delegated to the Board of Zoning Appeals as provided in sections 4.15.7 or 34. The Board may approve special use permits for those use classifications identified in the district regulations allowing identified uses by special use permit.

The owner may initiate a zoning map amendment or special use permit application, subject to the following provisions:

A.

Pre-application meeting. Each prospective applicant (the "applicant") must both complete and submit information on County-provided forms and attend a pre-application meeting (collectively, the "pre-application meeting") before submitting an application, subject to the following provisions:

1.

Submitting information. The applicant must complete and submit information on County-provided forms before or during the pre-application meeting.

2.

Purposes of a meeting. The purposes of a pre-application meeting are to: (i) provide the applicant and the County a common understanding of the proposed project; (ii) broadly identify the Comprehensive Plan designation of the property; (iii) broadly identify issues generated by the project that should be addressed by the applicant; and (iv) notify the applicant of special studies or documentation and any other information that must be submitted in order for an application to be considered complete, including the form and the required content of any study or documentation. Information may be provided to the applicant during the pre-application meeting or in writing following the meeting.

3.

Factors to consider in requiring meeting. A pre-application meeting is required unless the Agent decides that the meeting would not achieve the purposes for the meeting upon considering the following factors: (i) whether the proposed use, the proposed density, the proposed scale and potential impacts, the proposed district, and other considerations the Agent determines relevant under sound zoning principles do not warrant a pre-application meeting; (ii) whether the supplemental information delineated in subsection (E) can be identified without the meeting; (iii) whether the application would be one of a recurring nature for which the required information and the issues raised are well-established for the proposed application; or (iv) whether the application raises any complex issues that create the need for the meeting.

B.

Who may file an application. An owner, a contract purchaser with the owner's consent, or the owner's authorized agent may file an application for a zoning map amendment or special use permit (collectively in this section, the "owner" or the "applicant"). In addition:

1.

Amendments to existing proffers. Proffers that have been accepted by the Board of Supervisors in conjunction with a zoning map amendment may be amended by a later zoning map amendment. An owner whose parcel is subject to proffers may apply to amend the proffers applicable solely to that owner's parcel. An application to amend proffers is subject to the procedures and requirements of this section, provided that the requirements of this subsection may be waived if (i) the proposed amendment solely pertains to proffers that do not affect conditions of use or density, and(ii) following consultation with the Agent, the applicant submits a request to the Clerk of the Board before submitting its application for a zoning map amendment:

a.

Waiving the requirement for public hearings. The Board may waive the requirement for a public hearing by the Commission or by the Board, or both, and the associated notice requirements, as otherwise required by this section. If the Board waives the requirement for a public hearing by the Commission, it also may waive the requirement for a recommendation from the Commission.

b.

Waiving procedural requirements. The Board may waive one or more of the procedural requirements of subsections (A) and/or (N) and/or of section 33.10.

c.

Waiving application requirements. The Board may waive any supplemental information that may otherwise be required with an application under subsection (E) and determine the number of copies of the application that must be filed.

2.

Amendments to existing planned developments. An owner within an existing planned development may apply for a zoning map amendment applicable solely to that owner's parcel if it would not result in or require: (i) a change in use, density, or intensity on any other parcel in the planned development; (ii) a change to any regulation in a code of development that would apply to any other parcel in the planned development; (iii) a change to any other owner's express obligation under a regulation in a code of development; or (iv) a change to the application plan that would apply to any other parcel in the planned development.

3.

Application for a special use permit. An eligible easement holder or an electric cooperative may file an application for a special use permit. An "eligible easement holder" is a holder of an easement for which the special use permit is sought for a use allowed by the deed of easement or equivalent instrument. For the purposes of this article, "electric cooperative" means (i) a utility consumer services cooperative formed under or subject to the Utility Consumer Services Cooperatives Act (Virginia Code § 56-231.15et seq.) or (ii) a distribution cooperative formed under the former Distribution Cooperatives Act (Virginia Code § 56-209et seq.).

C.

Submitting an application.

1.

Who must sign an application. The application must be signed by the owner of each parcel that is subject to the proposed zoning map amendment or special use permit. In addition:

a.

Amendments to existing proffers. The signatures of the owners of any other parcels subject to the same proffers are not required when an owner applies to amend the proffers applicable solely to its parcel.

b.

Amendments to existing planned developments. The signatures of any other owners within an existing planned development are not required if the owner-applicant may apply for a zoning map amendment applicable solely its parcel as provided in subsection (B)(2).

c.

Application for a special use permit. The application must be signed by the owner or the eligible easement holder of each parcel that is the subject of the special use permit, or by any duly authorized agent of an electric cooperative.

d.

Documentation regarding the authority to apply. The Agent may require the applicant to submit documentation establishing ownership of, or the easement interest in, any parcel that is the subject of the application, the electric cooperative's signatory's authority, and the authority of each signatory to sign the application on behalf of an eligible applicant.

2.

Application forms. The Agent may establish appropriate application forms for zoning map amendments or special use permits.

3.

Where to file. The application must be filed in the Department of Community Development.

4.

Number of copies to file. For each class of application, the Agent may establish the number of collated copies of the application to be filed, may accept electronic applications for filing, or both.

5.

When to file. The Agent may establish application deadlines for each class of application

D.

Information submitted with an application. Each application must include all information required by this section, provided that on the owner's written request, the Agent may waive the requirement for certain information, depending on: (i) the nature or extent of the proposed zoning map amendment or special use permit; (ii) the proposed use; (iii) the proposed density; (iv) the proposed district; (v) whether the application is to establish or amend a planned development district, including a neighborhood model district; and (vi) other considerations the Agent determines relevant when applying sound zoning principles.

E.

The following information must be provided unless the Agent or Board of Supervisors determines that the information is not required:

F.

Payment of delinquent taxes. The applicant must demonstrate that any taxes or other charges constituting a lien on the subject property have been paid; provided that the payment of such taxes or other charges is not required when the applicant for a special use permit is an easement holder.

G.

Determining completeness of the application; rejecting incomplete applications. An application that includes all required information is complete and will be accepted for review and decision. An application omitting any required information will be deemed incomplete and not be accepted.

1.

Timing of determination of completeness. The Agent will determine the completeness of an application within ten days after the first application deadline following receipt of the application.

2.

Procedure if application is incomplete. The Agent will inform an applicant by letter of the reasons why an application was rejected as incomplete. The letter will be sent by first class mail, be personally delivered, or (with an applicant's written consent) by fax or e-mail. The applicant has 90 days after the letter was sent or personally delivered to submit all of the information identified in the letter. The Agent will review the information submitted to determine whether the application is complete as provided in this subsection. An incomplete application will be void if the applicant fails to submit all of the information identified in the letter within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only by filing a new application.

3.

Effect if timely determination not made. If the Agent does not send or deliver a notice of an incomplete application within ten days after the first application deadline following receipt of the application, the application will be deemed complete, provided that the Agent may require the applicant to later provide the omitted information within a period specified by the Agent, and further provided that the Agent may reject the application as provided herein if the applicant fails to timely provide the omitted information.

H.

When an application is determined to be complete; effect.

1.

When the Agent determines that the applicant has submitted all required information, the Agent will determine the application to be complete. On that date (or ten days after the first application deadline following receipt of the application, if the Agent fails to make a timely determination on the completeness of the application), the application is deemed referred to the Commission for the purpose of calculating the time in which action must be taken pursuant to subsection (O), except as provided in subsection (H)(3).

2.

Notification of Applicant. The Agent will notify the applicant by letter or by e-mail when the application has been determined to be complete.

a.

Notice to other owners of application for zoning map amendment to amend existing proffers. Within ten days after an application for a zoning map amendment seeking to amend existing proffers is determined to be complete, written notice of the proposed amendment will be provided to each owner subject to the same proffers, as required by Virginia Code §§ 15.2-2204(H) and 15.2-2302.

b.

Notice to owner of application for special use permit filed by easement holder or electric cooperative when application determined to be complete. Within ten days after an application for a special use permit filed by an easement holder is determined to be complete, written notice of the proposed special use permit will be provided to each owner of the property for which the special use permit is sought, as required by Virginia Code § 15.2-2204(H).

c.

Notice of completed applications to holders of open-space or conservation easements. For zoning map amendments or special use permits pertaining to a parcel subject to an open-space easement or a conservation easement, the Agent will provide written notice within ten days after the application is determined to be complete to each holder of the openspace easement, other than the County, or the conservation easement. The notice will be sent by first class mail. The notice will inform the recipient that the application has been filed and describe the nature of the application. An action on an application will not be invalidated solely because of a failure to timely mail this notice.

3.

Paying fees. The applicant must pay the fees required in County Code Chapter 1, Article 5 when the application is determined to be complete or if the Agent fails to make a timely determination on the completeness of the application. The application will not be reviewed, and any time by which action must be taken by the Commission or the Board of Supervisors does not begin, until the applicant pays the fees. An application is void if the applicant fails to pay the fees either (a) within ten days of the notice that the application is determined to be complete or (b) within 20 days after the first application deadline following receipt of the application, if the Agent fails to make a timely determination on the completeness of the application. The application is determined to be complete for the purpose of calculating the time in which action must be taken pursuant to subsection (O) only after the required fees have been paid.

I.

Resubmittal of application originally determined to be incomplete. Within six months of the sending of a notice of an incomplete application, as provided in subsection (G)(2), the applicant may resubmit the application with all of the information required by subsections (B)—(F) for a new determination of completeness under subsection (G).

J.

Work sessions. For any application, the Agent may schedule work sessions before the Board of Supervisors, the Commission, and/or the Architectural Review Board, if applicable, as the Agent determines appropriate considering the nature of the approval requested, the acreage affected, the possible impacts that could result from an approved application, and any other factors deemed relevant upon applying sound zoning principles, subject to the following provisions:

1.

Purposes for a work session. The purposes for a work session are to present the proposed project to the Board or the Commission with the Department of Community Development's analysis of the major issues, to seek direction from the Board or Commission on those issues, and to allow the Board or Commission to receive public comments.

2.

When applicant's consent required. The applicant's consent to a work session is required if the work session would extend the time for action by the Commission or the Board beyond the deadlines in subsection (O).

K.

Community meetings. A community meeting will be held for each application, subject to the following provisions:

1.

Purposes for a meeting. The purposes for a community meeting are to: (i) provide interested members of the public the opportunity to receive information about the proposed project, the applicable procedure, the policies of the comprehensive plan, other relevant policies, and regulations applicable to the proposed project; and (ii) to allow the public to ask questions about the proposed project.

2.

Factors to consider in requiring meeting. A community meeting will be held unless the Agent determines that the meeting would not achieve its purposes, considering the following factors: (i) whether the application would be unlikely to generate any public concerns because of the nature of the approval requested, the acreage affected, the proposed density, the proposed scale, and the potential impacts; (ii) any other factors deemed relevant upon applying sound zoning principles; and (iii) whether the applicant has already held one or more community meetings regarding the application so as to make a community meeting unnecessary.

3.

Guidelines. The Agent may establish written guidelines about which applications should have community meetings, and when and how to conduct community meetings, including (but not limited to): how and to whom notice should be provided for community meetings, which notice may include posting signs at the site before the meeting, who should schedule and lead the meeting, the format of the meeting, and how the issues identified at the meeting should be documented.

4.

When applicant's consent required. The applicant's consent to a community meeting is required if the community meeting would extend the time for action by the Commission or the Board beyond the deadlines in subsection (O).

5.

Holding in conjunction with a citizen advisory committee meeting. A community meeting may be held during a citizen advisory committee meeting.

6.

When community meeting is to be held. A community meeting will be held prior to the first public hearing on the application for a zoning map amendment.

7.

Additional community meetings. The Agent may require that an additional community meeting be held prior to a public hearing if a deferral has been requested and a project is resubmitted that is substantially different than the original project.

M.

Public hearings. Before the Board of Supervisors acts on a zoning map amendment or a special use permit, the Commission will hold at least one public hearing before making its recommendation to the Board on each application. The Board will hold at least one public hearing before approving an application.

N.

Notice of the public hearing will be provided pursuant to section 33.10.

O.

Time for decision. Action on each application is subject to the following provisions:

1.

By the planning Commission. The Commission will act on each application within 90 days of the first meeting of the Commission after it was referred to the Commission, according to the schedule established and administered by the Agent. The failure of the Commission to make a recommendation on the application within the 90-day period will be deemed a recommendation of approval unless the applicant requests or consents to an extension of that period.

2.

By the Board of Supervisors. The Board of Supervisors will act on each application within a reasonable period not to exceed 12 months following the first meeting of the Commission after it was referred to the Commission, according to the schedule established and administered by the Agent, unless the applicant requests or consents to an extension of that period.

3.

Tolling. The period for action by the Commission or the Board of Supervisors is tolled during any time(s) when the applicant has requested that the review of the application be suspended, or that the public hearings or action thereon be deferred or continued.

4.

Referral. The Board of Supervisors may refer an application to the Commission after the Commission has made a recommendation or the application has been deemed recommended for approval, provided that further action by the Commission and action by the Board of Supervisors is within 12 months following the first meeting of the Commission after it was referred to the Commission, according to the schedule established and administered by the Agent, unless the applicant requests or consents to an extension of that period.

P.

Recommendation by Commission. The Commission will recommend either approval of the application as proposed, approval subject to changes prior to action by the Board of Supervisors, or disapproval. Alternatively, the Commission may defer a pending application pursuant to section 33.11. For any application for a zoning map amendment, the Commission's recommendation also should include its recommendations on any proposed proffers and, for any application to establish or amend a planned development district, its recommendations on the application plan, the standards of development, the code of development, and any special exception(s) requested by the applicant under section 8.2. For any application for a special use permit, the Commission's recommendation should include its recommendations on any proposed conditions.

Q.

Action by the Board of Supervisors. The Board of Supervisors may either approve or deny the application or may defer action to allow for changes prior to final action. In approving an application for a zoning map amendment, the Board may accept any proposed proffers as provided in section 33.7. In approving an application for a special use permit, the Board may impose conditions as provided in section 33.8.

R.

Intensification of use classification prohibited without additional notice and hearing. No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice is provided as required by Virginia Code §§ 15.2-2204 and 15.2-2285(C).

S.

Resubmittal of similar denied application. An applicant may not submit an application that is substantially the same as a denied application within one year of its denial.

T.

Judicial review. Any action contesting a decision of the Board of Supervisors under this section must comply with Virginia Code § 15.2-2285(F).

(§ 33.4, Ord. 21-18(3), 6-2-21; Ord. 23-18(3), 12-6-23; Ord. 24-A(1), 1-10-24, effective 7-1-24)

State Law reference— Va. Code §§ 15.2-2204, 15.2-2285, 15.2-2286(A)(3), (4), (7), (B).

This section establishes the regulations and safeguards for filing, reviewing, and acting on applications for special exceptions.

Each application for a special exception is subject to the following provisions:

A.

Power to grant special exceptions is reserved by the Board of Supervisors. The Board of Supervisors reserves the power to consider and approve or deny all applications for special exceptions.

B.

Matters eligible for a special exception. The Board may approve special exceptions to waive, modify, vary, or substitute any requirement of this chapter that is expressly authorized to be waived, modified, varied, or substituted.

C.

Variations and exceptions distinguished. A special exception is not required for any matter that may be varied or excepted under section 32 or chapter 14, or for developing and constructing residential dwellings at the use, height, and density permitted by right in the applicable district as provided by Virginia Code § 15.2-2288.1.

D.

Application. Each application for a special exception must be made as provided by the applicable section of this chapter authorizing the waiver, modification, variation or substitution, and must include both the information required by that section and any studies that the Agent may require identifying the nature and extent of potential impacts resulting from the proposed special exception.

E.

Submitting an application.

1.

Who must sign an application. The application may be filed only (a) by the owner, the contract purchaser with the owner's consent, or the owner's agent for the purpose of the special exception, or (b) by the easement holder of an easement where the waiver, modification, or variation for which the special exception is sought pertains to a use allowed by the deed of easement or equivalent instrument.

2.

Documentation regarding the authority to apply. The Agent may require the applicant to submit documentation establishing ownership of, or the easement interest in, any parcel that is the subject of the application.

3.

Application forms. The Agent may establish appropriate application forms for special exceptions.

4.

Where to file. The application must be filed in the Department of Community Development.

5.

Number of copies to file. The Agent may establish the number of collated copies of the application to be filed, may accept electronic applications for filing, or both.

6.

When to file. The Agent may establish application deadlines for special exception applications.

F.

Payment of delinquent taxes. The applicant must demonstrate that any taxes or other charges constituting a lien on the subject property have been paid; provided that the payment of such taxes or other charges is not required when the applicant for a special exception is an easement holder.

G.

Determining completeness of the application; rejecting incomplete applications. An application that includes all required information will be determined to be complete and be accepted for review and decision. An application omitting any required information will be deemed incomplete and will not be accepted.

1.

Timing of determination of completeness. The Agent will determine the completeness of an application within ten days after the first application deadline following receipt of the application.

2.

Procedure if application is incomplete. The Agent will inform the applicant by letter explaining the reasons why the application was rejected as being incomplete. The letter will be sent by first class mail, be personally delivered or, if consented to by the applicant in writing, by fax or e-mail. If an application is incomplete, the applicant may submit all of the information identified in the letter within 90 days after the letter was sent or personally delivered. The Agent will review the information submitted to determine whether the application is complete as provided in this subsection. An incomplete application is void if the applicant fails to submit all of the information identified in the letter within 90 days after the letter was sent or personally delivered. If the applicant fails to timely submit the information identified in the letter, the applicant may proceed only by filing a new application.

3.

Effect if timely determination not made. If the Agent does not send or deliver a notice of an incomplete application within ten days after the first application deadline following receipt of the application, the application will be deemed complete, provided that the Agent may require the applicant to later provide the omitted information within a period specified by the Agent, and further provided that the Agent may reject the application as provided herein if the applicant fails to timely provide the omitted information.

H.

When an application is determined to be complete; effect.

1.

When the Agent determines that the applicant has submitted all required information, the Agent will determine the application to be complete. On that date (or ten days after the first application deadline following receipt of the application, if the Agent fails to make a timely determination on the completeness of the application), the application is deemed referred to the Commission for the purpose of calculating the time in which action must be taken pursuant to subsection (K), except as provided in subsection (H)(3).

2.

Notification of Applicant. The Agent will notify the applicant by letter or by e-mail when the application has been determined to be complete.

a.

Notice to owner of application for special exception filed by easement holder when application determined to be complete. Within ten days after an application for a special exception filed by an easement holder is determined to be complete, written notice of the proposed special exception will be provided to each owner of the property for which the special exception is sought as required by Virginia Code § 15.2-2204(H).

b.

Notice of completed applications to holders of open-space or conservation easements. For special exception applications pertaining to a parcel subject to an open-space easement or a conservation easement, the Agent will provide written notice within 10 days after the application is determined to be complete to each holder of the open-space easement, other than the County, or the conservation easement. The notice will be sent by first class mail. The notice will inform the recipient that the application has been filed and describe the nature of the application. An action on an application will not be invalidated solely because of a failure to timely mail this notice.

3.

Paying fees. The applicant must pay the fees required by section 35.1 when the application is determined to be complete or if the Agent fails to make a timely determination on the completeness of the application. The application will not be reviewed, and any time by which action must be taken by the Commission or the Board of Supervisors will not begin, until the applicant pays the fees. An application is void if the applicant fails to pay the fees either (a) within ten days of the notice that the application is determined to be complete or (b) within 20 days after the first application deadline following receipt of the application, if the Agent fails to make a timely determination on the completeness of the application. The application is determined to be complete for the purpose of calculating the time in which action must be taken pursuant to subsection (K) only after the required fees have been paid.

I.

Public hearings on an application for a special exception are subject to the following provisions:

1.

When public hearings are required. The Commission and the Board of Supervisors will each hold at least one public hearing on any application for a special exception that would increase by greater than 50 percent the bulk or height of an existing or proposed building within one-half mile of an adjoining locality.

2.

When the Board of Supervisors may elect to have the Commission make a recommendation on the application and to hold one or more public hearings. When public hearings are not required under subsection (I)(1), the Board may elect, either by policy or for an individual application, to have the Commission first make a recommendation on the application for a special exception and for either the Commission or itself to hold one or more public hearings.

J.

Notice of the public hearing will be as provided in section 33.10.

K.

Time for decision. Each application for a special exception will be acted on by the Board of Supervisors within 90 days following the first meeting of the Commission after it was referred to the Commission, according to the schedule established and administered by the Agent, or concurrently with a zoning map amendment, special use permit, or site plan appeal, whichever is longer.

L.

The Commission will act on an application for a special exception under the following provisions:

1.

When a Commission recommendation is required. The Commission is required to act on an application for a special exception only if (a) a public hearing on the application is required by subsection (I)(1) or (b) the Board of Supervisors elects to have the Commission consider the application under subsection (I)(2).

2.

Recommendation. The Commission will recommend either approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the Board, or denial of the application. Alternatively, the Commission may defer a pending application pursuant to section 33.11.

3.

Factors to be considered. In making its recommendation, the Commission will consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter.

4.

Conditions. The Commission's recommendation should include its recommendations on any proposed conditions.

5.

Time for a recommendation. The Commission will make its recommendation on the application within 45 days after the application is determined to be complete. The failure of the Commission to make a recommendation on the matter within that period will be deemed a recommendation of approval. The 45-day period may be extended if the applicant requests a deferral pursuant to section 33.11.

M.

Action. The Board may either approve the application, deny the application, defer action to allow for changes prior to final action, or refer the application to the Commission for further consideration and recommendation within the time for an action provided in subsection (K).

N.

Resubmittal of similar denied application. An applicant may not submit an application that is substantially the same as a denied application within one year of its denial.

O.

Judicial review. Any action contesting a decision of the Board of Supervisors under this section must comply with Virginia Code § 15.2-2285(F).

(§ 33.5, Ord. 21-18(3), 6-2-21)

State Law reference— Va. Code §§ 15.2-2286(A)(3), 15.2-2288.1.

A zoning text amendment or a zoning map amendment is subject to the following provisions:

A.

Basis to act. The Board of Supervisors may amend, supplement, or change the zoning regulations, district boundaries, or classifications of property whenever the public necessity, convenience, general welfare, or good zoning practice requires. The Commission will consider these bases when making a recommendation on an application.

B.

Factors to be considered when acting. The Commission and the Board of Supervisors will reasonably consider the following factors when reviewing and acting upon zoning text amendments and zoning map amendments: (i) the existing use and character of property; (ii) the comprehensive plan; (iii) the suitability of property for various uses; (iv) the trends of growth or change; (v) the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies; (vi) the transportation requirements of the community; (vii) the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; (viii) the conservation of natural resources; (ix) the preservation of flood plains; (x) the protection of life and property from impounding structure failures; (xi) the preservation of agricultural and forestal land; (xii) the conservation of properties and their values; (xiii) the encouragement of the most appropriate use of land throughout the county; and (xiv) equity.

1.

Additional factors to be considered when acting on applications to establish planned development district. In addition to the other factors relevant to the consideration of a zoning map amendment, the Commission and the Board of Supervisors will consider the following factors when reviewing an application to establish a planned development district: (i) whether the proposed planned development satisfies the purpose and intent of the planned development district; (ii) whether the area proposed to be rezoned is appropriate for a planned development under the comprehensive plan; and (iii) the relation of the proposed planned development to major roads, utilities, public facilities and services.

2.

Additional factors to be considered when acting on applications to amend existing planned development district. In addition to the other factors relevant to the consideration of a zoning map amendment, including those in subsections (B) and (B)(1), the Commission and the Board of Supervisors will consider the following factors when reviewing an application to amend an existing planned development district: (i) whether the proposed amendment reduces, maintains or enhances the elements of a planned development set forth in section 8.3; and (ii) the extent to which the proposed amendment impacts the other parcels within the planned development district.

C.

Effect of approval. The Board of Supervisors' approval of a zoning map amendment constitutes acceptance of any proffers and (for any application to establish or amend a planned development district) approval of the application plan, all standards of development, the code of development, and any waivers or modifications approved by special exception as provided under section 8.2. The district designation, any accepted proffers, an approved application plan, standards of development, a code of development, and any special exception(s) are all included among the zoning regulations applicable to the property subject to a zoning map amendment.

(§ 33.6, Ord. 21-18(3), 6-2-21)

State Law reference— Va. Code §§ 15.2-2284, 15.2-2285, 15.2-2286(A)(7).

The Board of Supervisors may accept proffers pursuant to Virginia Code §§ 15.2-2303 and 15.2-2303.4 in conjunction with zoning map amendments, subject to the following provisions:

A.

Purpose. Proffers are reasonable conditions proposed by the applicant governing the use of parcels being rezoned. Unless expressly provided otherwise in the approved proffers, proffer conditions are in addition to the regulations in this chapter that apply to the district.

B.

Form. Proffers must be in writing and in a form approved by the County Attorney. The Agent may provide a proffer statement form.

C.

Proffers addressing impacts from new residential development uses. For zoning map amendments that propose new residential development or new residential uses as defined in and subject to Virginia Code § 15.2-2303.4, any proposed proffers addressing the impacts resulting from the new residential development or new residential uses must comply with Virginia Code § 15.2-2303.4.

D.

Time to submit. The applicant must submit proffers by the following deadlines:

1.

Before the Commission's public hearing. Proposed proffers, regardless of whether they are signed by the owners of all parcels subject to the zoning map amendment, must be submitted to the Department of Community Development at least 14 days before the Commission's public hearing on the zoning map amendment.

2.

Before the Board of Supervisors' public hearing. Proposed proffers, signed by the owners of all parcels subject to the zoning map amendment, must be submitted to the Department of Community Development before the Board's public hearing on the zoning map amendment. The Agent may establish written guidelines that require signed proffers to be submitted a reasonable time prior to the public hearing to allow for review by County officers and employees and by the public.

3.

Amendments to proposed proffers after the public hearing has begun. The Board may accept, in its sole discretion, amended proffers after a public hearing on the zoning map amendment has begun if the Board concludes that the amended proffers do not materially affect the overall proposal. If amended proffers are submitted after the public hearing is closed, the Board may accept, in its sole discretion, the amended proffers after holding another public hearing.

E.

Effect of proffers once accepted. The Board of Supervisors' adoption of a zoning map amendment constitutes (i) acceptance of the proffers and (ii) for any application to establish or amend a planned development district, approval of the application plan, all standards of development, and the code of development. In addition:

1.

Become part of zoning regulations. The district designation, the accepted proffers, the approved application plan, the standards of development, and the code of development are all among the zoning regulations applicable to the property subject to a zoning map amendment.

2.

Effect of proffers once accepted. Once accepted by the Board in conjunction with an adopted zoning map amendment, the proffers continue in effect until a subsequent zoning map amendment (other than a comprehensive implementation of a new or substantially revised zoning ordinance) changes the zoning of the property subject to the proffers.

F.

Subsequent amendments to proffers. Once accepted by the Board of Supervisors in conjunction with an approved zoning map amendment, proffers may be amended by an owner-initiated zoning map amendment

(§ 33.7, Ord. 21-18(3), 6-2-21)

State Law reference— Va. Code §§ 15.2-2296, 15.2-2302, 15.2-2303.

Special use permits are subject to the following provisions:

A.

Factors to be considered when acting. The Commission and the Board of Supervisors will consider the following factors when reviewing and acting on an application for a special use permit:

1.

No substantial detriment. Whether the proposed special use will be a substantial detriment to adjacent parcels.

2.

Character of the nearby area is unchanged. Whether the character of the adjacent parcels and the nearby area will be changed by the proposed special use.

3.

Harmony. Whether the proposed special use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the district, with the applicable provisions of section 5, and with the public health, safety, and general welfare (including equity).

4.

Consistency with the Comprehensive Plan. Whether the proposed special use will be consistent with the Comprehensive Plan.

B.

Conditions. The Commission may recommend, and the Board of Supervisors may impose, conditions upon the special use to address impacts arising from the use, in order to protect the public health, safety or welfare. The conditions may pertain (but are not limited) to:

1.

The prevention or minimization of smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable substances or conditions.

2.

The provision of adequate police and fire protection.

3.

The provision of adequate improvements pertaining to transportation, water, sewage, drainage, recreation, landscaping and/or screening or buffering.

4.

The establishment of special requirements relating to building setbacks, front, side and rear yards, off-street parking, ingress and egress, hours of operation, outside storage of materials, duration and intensity of use, building heights, and other particular aspects of occupancy or use.

5.

The period by which the use must begin or the construction of any structure required for the use must commence.

6.

The materials and methods of construction or specific design features, provided such a condition for residential uses complies with subsection (C).

C.

Conditions related to residential uses. Any conditions imposed in connection with residential special use permits should: (i) be consistent with the objective of providing affordable housing if the applicant proposes affordable housing; and (ii) consider the impact of the conditions on the affordability of housing where the conditions specify the materials and methods of construction or specific design features.

D.

Conditions deemed essential and non-severable. Except as the Board of Supervisors may specify in a particular case, any condition imposed on a special use will be deemed essential and non-severable from the permit itself, and the invalidation of any condition will invalidate the entire special use permit.

E.

Revocation for non-compliance with conditions. A special use permit may be revoked by the Board of Supervisors after a public hearing if the Board determines that there has not been compliance with the conditions of the permit. Notice of the public hearing will be provided pursuant to section 33.10.

(§ 33.8, Ord. 21-18(3), 6-2-21)

State Law reference— Va. Code §§ 15.2-2286(A)(3), 15.2-2309(7).

Special exceptions are subject to the following provisions:

A.

Factors to be considered when acting. In acting upon a special exception, the Board of Supervisors will consider the factors, standards, criteria, and findings, however denominated, in the applicable sections of this chapter The Board is not required to make specific findings in support of its decision.

B.

Conditions. In approving a special exception, the Board of Supervisors may impose reasonable conditions to address any possible impacts of the special exception. Except as the Board may specify in a particular case, any condition imposed on a special exception will be deemed essential and non-severable from the special exception itself, and the invalidation of any condition will invalidate the entire special exception.

C.

The Board of Supervisors may revoke a special exception if the Board determines, after a public hearing, that the permittee or any successor has not complied with any conditions of the special exception. Notice of the public hearing will be provided pursuant to section 33.10.

(§ 33.9, Ord. 21-18(3), 6-2-21)

State Law reference— Va. Code § 15.2-2286(A)(3).

Notice of public hearings. The following notice of public hearings will be provided:

A.

For zoning text amendments, the following notice will be provided:

1.

The Department of Community Development will provide notice of public hearings before the Commission and the Board pursuant to Virginia Code § 15.2-2204.

2.

Notice of public hearings, imposing or increasing fees. The Department of Community Development will provide notice of public hearings before the Commission and the Board of Supervisors pursuant to Virginia Code §§ 15.2-107 and 15.2-2204 if the proposed zoning text amendment would impose or increase fees under this chapter.

B.

For zoning map amendments and special use permits, the following notice will be provided:

1.

Published and mailed notice. Notice of the public hearing before the Commission and the Board of Supervisors on an application will be provided in all cases as required by Virginia Code § 15.2-2204; for zoning map amendments, as also provided by Virginia Code § 15.2-2285(C). For zoning map amendments seeking to amend an existing planned development district, written notice also will be provided to the owner of each parcel within the planned development district, and the substance of that notice will be as required by Virginia Code § 15.2-2204(B), paragraph 1, regardless of the number of parcels affected.

2.

Posted notice. Notice of the public hearing before the Commission and the Board of Supervisors on each application will be posted, subject to the following provisions:

a.

When sign will be posted. The sign will be posted at least 21 days before the Commission's public hearing on the application and will remain posted until either the Board of Supervisors has acted on the application or the application has been withdrawn.

b.

Where sign to be located. The sign is to be erected within ten feet of each boundary line of the parcel(s) that abuts a street and should be clearly visible from the street. If more than one street abuts the parcel(s), then either: (i) a sign will be erected in the same manner as above for each abutting street; or (ii) if the area of the parcel(s) to be used if the application was granted is confined to a particular portion of the parcel(s), a sign will be erected in the same manner as above for the abutting street that is in closest proximity to, or would be impacted by, the proposed use. A sign need not be posted along Interstate 64 or along any abutting street if the sign would not be visible from that street. If no street abuts the parcel(s), then signs are to be erected in the same manner as above on at least two boundaries of the parcel(s) abutting land not owned by the applicant in locations that are most conspicuous to the public. The filing of the application is deemed to grant consent to the Zoning Administrator to enter the parcel(s) to erect the signs.

c.

Content of sign. Each sign will state that the parcel(s) is subject to a public hearing and explain how to obtain additional information about the public hearing.

d.

Maintaining the sign. The applicant must diligently protect each sign from vandalism and theft, maintain each sign in an erect position in its posted location, and ensure that each sign remains legible. The failure of an applicant to comply with these responsibilities may be cause for the Commission or the Board of Supervisors to defer action on an application until there is reasonable compliance with this subsection.

e.

Ownership of sign; violation for removing or tampering with sign. Each sign is the property of the County. It is unlawful for any person to remove or tamper with any sign, provided that the applicant, the County or the County's employees or authorized agents may perform required maintenance.

f.

Effect of failure to comply. If any notice sign is not posted as specified in subsection (B)(2):

1.

Prior to action by Board. The Board of Supervisors may defer action on an application if it finds that the failure to comply with subsection (B)(2) materially deprived the public of reasonable notice of the public hearing.

2.

Action is not invalid. Neither the Commission's recommendation nor the Board's approval of a zoning map amendment or special use permit will be invalidated solely because of a failure to post notice as specified in subsection (B)(2).

C.

Notice for revocation of a special use permit or special exception will be provided pursuant to Virginia Code § 15.2-2204, provided that written notice to the owners, their agents, or the occupants of abutting parcels and parcels immediately across the street from the parcel(s) subject to a special use permit may be given by first-class mail rather than by registered or certified mail.

D.

The following notice of special exceptions will be provided:

1.

When public hearings are required under section 33.5(I)(1), the Department of Community Development will provide notice of those public hearings pursuant to Virginia Code § 15.2-2204.

2.

For all other public hearings, public notice will be given as provided in the applicable sections of this chapter.

E.

A party's actual notice of, or active participation in, proceedings requiring written notice waives the right of that party to challenge the validity of the proceeding due to an alleged failure to receive the required written notice.

(§ 33.10, Ord. 21-18(3), 6-2-21)

State Law reference— Va. Code §§ 15.2-107, 15.2-2204, 15.2-2285, 15.2-2286.

After submitting an application but before action by the Board of Supervisors, an applicant for a zoning map amendment, special use permit, or special exception may request a deferral or withdraw an application, subject to the following provisions.

A.

To whom the request is to be sent.

1.

The written request must be sent to the Agent. If the application is pending before the Board of Supervisors at the time the request is received, the Agent will immediately inform the Clerk of the Board of the request.

2.

Notwithstanding subsection (A)(1), the applicant may make a request for deferral directly to the Planning Commission during a public hearing on the application.

B.

When the request must be received. The request must be received by the Agent or the Clerk before action by the Board of Supervisors

C.

Effect of timely receipt of request to defer or withdraw. The County is not obligated to accept a request for deferral. If the County accepts a request for deferral: (i) neither the Commission nor the Board will act on the application, and (ii) all time periods for review will be tolled. The Agent will determine whether to accept a request for deferral submitted pursuant to subsection (A)(1). The Planning Commission will determine whether to accept a request for deferral submitted pursuant to subsection (A)(2). If the application is withdrawn the application will not be further processed or reviewed by County staff,

D.

Limitations on deferral. No application may be in a state of deferral after 32 months from when the application was deemed complete under section 33.4(O), provided that the Agent may extend the time for action beyond the end of the deferral period if there are extenuating circumstances that include (but are not limited to): inclement weather, civil emergencies, or errors in providing public notice as required by State law.

E.

Reactivating a deferred application. An applicant may reactivate an application by submitting new information or by requesting that the application be scheduled for public review.

F.

Effect of reactivating an application.

1.

The Agent may determine the appropriate procedure to review a reactivated application. The procedure to review may not exceed the procedure for a new application and may require a new submittal fee.

2.

All time periods for action in section 33.4(O) will be calculated from the reactivation of an application and not from its original submittal.

G.

Resubmitting a similar withdrawn application within one year prohibited. An applicant may not submit an application that is substantially the same as a withdrawn application for the same parcel(s) within one year of the withdrawal without authorization by the Board of Supervisors.

H.

When an application is deemed withdrawn. An application is deemed voluntarily withdrawn if a request for deferral is accepted pursuant to this section and the applicant fails to reactivate the application either:

1.

within six months of the request for deferral, or

2.

within 32 months from the time the application was determined or deemed complete.

(§ 33.11, Ord. 21-18(3), 6-2-21)

State Law reference— Va. Code § 15.2-2286.

A board of zoning appeals (the "board") is hereby established, subject to the following:

a.

Members and their appointment. The board shall have five members. Each member shall be appointed by the Albemarle County Circuit Court.

b.

Eligibility. Each member shall be a qualified resident of Albemarle County.

c.

Term; vacancies; serving beyond expiration of term. Members shall be appointed for terms of five years and any member may be reappointed for successive terms. The original appointments were made in staggered terms so that the term of one member expires each year. An appointment to fill a vacancy shall be only for the unexpired portion of the term. A member whose term expires shall continue to serve until his successor is appointed and qualifies.

d.

Holding other public office prohibited. A member may not hold any other public office within the county except that one member may be a member of the commission.

e.

Organization. The board shall elect at its annual meeting a chairman, who shall preside over all meetings, a vice-chairman, who shall act in the absence of the chairman, and a secretary. The board may elect as its secretary either one of its members or a qualified individual who is not a member of the board. A secretary who is not a member of the board shall not vote on any matter. The board may adopt rules of procedure to facilitate the conduct of its business at its meetings.

f.

Quorum. A quorum shall be a majority of all the members of the board.

g.

Resources; obtaining services. Within the limits of funds appropriated by the board of supervisors, the board may employ or contract for such secretaries, clerks, legal counsel, consultants and other technical and clerical services as it may deem necessary for transaction of its business. The board may request the opinion, advice or other aid of any officer, employee, board, bureau or commission of the county.

h.

Compensation. Members of the board shall receive such compensation as may be authorized by the board of supervisors, from time to time, by ordinance or resolution.

i.

Removal from office. Any board member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the Albemarle County Circuit Court, after hearing held after at least 15 days' notice.

(12-10-80; Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code §§ 15.2-2308, 15.2-2309.

The board of zoning appeals (the "board") shall have the following powers and duties:

a.

Meet and conduct business; continued meetings due to inclement weather. To regularly meet to conduct its business as provided in section 34.1 and this section. The board also may also fix the day or days to which any meeting shall be continued if the chairman, or vice-chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. The finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for the meeting shall be conducted at the continued meeting and no further advertisement is required.

b.

Appeals. To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer, and to hear and decide appeals from any decision of the zoning administrator, in the administration or enforcement of Virginia Code §§ 15.2-2280 through 15.2-2316.2 and this chapter, exclusive of section 32, as provided in section 34.3.

c.

Variances. To consider and approve variances as provided in section 34.4.

d.

Special use permits. To consider and approve special use permits for certain signs under sections 4.15.5 and 4.15.5A, and to revoke a special use permit previously approved, as provided in section 34.5.

e.

Interpret a district map. To hear and decide applications to interpret a district map where there is any uncertainty as to the location of a district boundary, as provided in section 34.6.

f.

Power to administer oaths and compel attendance of witnesses. The chairman, or in his absence the vice-chairman, may administer oaths and compel the attendance of witnesses for any hearing on an appeal under section 34.3 or any application for a variance under section 34.4.

(12-10-80; Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code § 15.2-2309.

An appeal from any order, requirement, decision or determination made by an administrative officer, and an appeal from any decision of the zoning administrator, in the administration or enforcement of Virginia Code §§ 15.2-2280 through 15.2-2316.2 and this chapter (collectively, a "decision"), exclusive of any decision made under section 32, will be considered by the board of zoning appeals (the "board") as follows:

a.

Standing to appeal. An appeal to the board may be taken by any person aggrieved or by any county officer, department, board or bureau affected by any decision of the zoning administrator or an administrative officer.

b.

Time in which to appeal decision. Any appeal shall be received by the zoning administrator and the board within 30 days after the date of the decision; provided that any appeal of a notice of violation involving temporary or seasonal commercial uses, parking commercial trucks in residential zoning districts, maximum occupancy limitations of a residential dwelling unit, or similar short-term, recurring violations, shall be received by the zoning administrator and the board within ten days after the date of the decision. The date of the decision shall be the date of the letter or written notice, provided that the time in which to appeal an order or a notice of violation shall not commence unless and until the recipient is provided the notice required by section 36.2(d).

c.

Form of the appeal. Any appeal shall be in writing and shall state the grounds for the appeal.

d.

Where appeal must be submitted. An appeal must be submitted to the zoning administrator and to the board. An appeal received by the county's department of community development is deemed to have been received by both the zoning administrator and the board.

e.

Payment of fees. The submitted appeal must be accompanied by the applicable fee required in County Code Chapter 1, Article 5. An appeal is not deemed to have been received until the required fee is paid.

f.

Effect of filing appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that, by reason of the facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. If the zoning administrator makes such a certification, the proceedings shall not be stayed unless either the board or the Albemarle County Circuit Court grants a restraining order on application and on notice to the zoning administrator and for good cause shown.

g.

Transmittal of information. The zoning administrator shall promptly transmit to the board all the papers constituting the record upon which the action appealed from was taken.

h.

Procedural requirements prior to the hearing. The following procedures apply prior to the board's hearing on the appeal:

1.

Scheduling the hearing on the appeal. The board shall schedule a reasonable time for the hearing that will allow it to make a timely decision as provided in subsection (j).

2.

Notice of the hearing. The board shall give notice of the hearing as well as written notice to the parties to the appeal. The notice shall be given as required by Virginia Code § 15.2-2204, provided that when giving any required notice to the owners, their agents or the occupants of abutting lots and lots immediately across the street or road from the lot that is the subject of the appeal, the board may give such notice by first-class mail rather than by registered or certified mail. Notice of the hearing also shall be posted as provided in section 33.4(m)(2).

3.

Contact by parties with board members. The non-legal staff of the board of supervisors, as well as the appellant, landowner, or its agent or attorney, may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to the appeal. If an ex parte discussion of facts or law in fact occurs, the party engaging in the communication must inform the other party as soon as practicable and advise the other party of the substance of the communication. Prohibited ex parte communications do not include discussions that are part of a public meeting or discussions prior to a public meeting to which the appellant, landowner, or his agent or attorney are all invited. For the purposes of this section, the "non-legal staff of the board of supervisors" is any staff who is neither an attorney in the county attorney's office nor appointed by special law.

4.

Sharing information produced by county staff. Any materials relating to an appeal, including a staff recommendation or report furnished to a board member, shall be available without cost to the appellant or any person aggrieved as soon as practicable thereafter, but in no event more than three business days after the materials are provided to one or more board members.

i.

Procedural requirements at the hearing. The following procedures apply at the board's hearing on the appeal:

1.

The right to equal time for a party to present its side of the case. The board shall offer an equal amount of time in a hearing on the case to the appellant or other person aggrieved and the county staff.

2.

The administrative officer's required explanation. The administrative officer whose decision is being appealed shall explain the basis for his decision.

3.

The presumption of correctness. At the hearing, the administrative officer's decision is presumed to be correct.

4.

Burden of proof. After the administrative officer explains the basis for his decision, the appellant has the burden of proof to rebut the presumption of correctness by a preponderance of the evidence.

j.

Time for decision. The board shall schedule a reasonable time for the hearing on an appeal so that it may make its decision within 90 days after the date the appeal was filed. This 90-day period is directory, not mandatory.

k.

Factors to consider when acting. The board's decision shall be based on its judgment of whether the administrative officer's decision was correct. The board also shall consider any applicable ordinances, laws, and regulations in making its decision. The board shall not base any decision on the merits of the purpose and intent of any relevant provision in the zoning ordinance.

l.

Action by the board; vote required. The board may reverse or affirm, wholly or partly, or may modify, the decision appealed from. The concurring vote of three members of the board is required to reverse any decision. if the board's attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal.

m.

Effect of decision on owner; appeals from notices of violation or written orders. A decision by the board on an appeal from a notice of violation or a written order of the zoning administrator shall be binding upon the owner of the lot that is the subject of the appeal only if the owner was provided written notice of the zoning violation or written order. The owner's actual notice of the notice of zoning violation or written order, or active participation in the appeal hearing, shall waive the owner's right to challenge the validity of the board's decision due to failure of the owner to receive the notice of zoning violation or written order.

n.

Judicial review. Any action contesting a decision of the board shall be as provided in Virginia Code § 15.2-2314.

o.

Appeals of decisions made under section 32. Any appeal of a decision made under section 32 shall be brought only as provided in section 32.

(§ 34.3, Ord. 15-18(5), 7-8-15 (§ 34.3, 12-10-80; Ord. 09-18(3), 7-1-09)(§ 34.5, 12-10-80; 5-5-82)(§ 34.6, 12-10-80); Ord. 23-18(3), 12-6-23; Ord. 24-A(1), 1-10-24, effective 7-1-24)

State Law reference— Va. Code §§ 15.2-2204, 15.2-2286(A)(4), 15.2-2308, 15.2-2308.1, 15.2-2309, 15.2-2311, 15.2-2312, 15.2-2314.

An application for a variance shall be considered by the board of zoning appeals (the "board") as follows:

a.

Who may file an application. An application may be filed by any owner, tenant, the easement holder of an easement where the use for which the variance is sought is a use allowed by the deed of easement or equivalent instrument, government official, department, board or bureau (the "applicant"). The zoning administrator is authorized to require from the applicant any documentation deemed necessary to determine that the person filing the application is an eligible applicant.

b.

Application. Each application shall be composed of a completed county-provided application form required to review and act on the application. The application may pertain to one or more lots owned or occupied by the applicant. The zoning administrator is authorized to establish an appropriate application form. The application form shall require the applicant to provide the following:

1.

Criteria to establish right to a variance. Information pertaining to the criteria to establish the right to a variance in subsection (i).

2.

Payment of delinquent taxes. Satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county and have been properly assessed against the subject property, have been paid; provided that the payment of such delinquent taxes, charges or fees shall not be required when the applicant for a variance is an easement holder.

c.

Filing the application; number of copies. The applicant shall file the application with the department of community development. The zoning administrator is authorized to establish for each class of application the number of collated copies of the application required to be filed.

d.

Determining completeness of the application; rejecting incomplete applications. An application that provides all of the required information on the application form shall be determined to be complete and be accepted for review and decision. An application omitting any required information shall be deemed to be incomplete and shall not be accepted.

1.

Timing of determination of completeness. The zoning administrator shall determine whether an application is complete within ten days after the application was received.

2.

Procedure if application is incomplete. If the application is incomplete, the zoning administrator shall inform the applicant by letter explaining the reasons why the application was rejected as being incomplete. The letter shall be sent by first class mail, be personally delivered or, if consented to by the applicant in writing, by fax or email.

3.

Effect if timely determination not made. If the zoning administrator does not send or deliver the notice as provided in subsection (d)(2) within the ten-day period, the application shall be deemed to be complete, provided that the director may require the applicant to later provide the omitted information within a period specified by the director, and further provided that the zoning administrator may reject the application as provided herein if the applicant fails to timely provide the omitted information.

4.

Resubmittal of application originally determined to be incomplete. Within six months after the date the letter that an application was rejected as being incomplete was mailed, faxed, emailed or delivered by the zoning administrator as provided in subsection (d)(2), the applicant may resubmit the application with all of the information required by this section for a new determination of completeness under this subsection.

5.

Notice to owner of application for variance filed by easement holder when application determined to be complete. Within ten days after an application for a variance filed by an easement holder is determined to be complete, written notice of the proposed variance shall be provided to the owner of the lot for which the variance is sought as required by Virginia Code § 15.2-2204(H).

e.

Payment of fees. When an application is determined to be complete, the applicant must pay the fee required in County Code Chapter 1, Article 5 before the application is further processed.

f.

Transmittal of information. The zoning administrator shall promptly transmit the application and accompanying maps, plans or other information to the secretary of the board. The zoning administrator shall also transmit a copy of the application to the commission, which may send a recommendation to the board or appear as a party at the hearing.

g.

Procedural requirements prior to the hearing. The following procedures apply prior to the board's hearing on the application:

1.

Scheduling the hearing on the application. The board shall schedule a reasonable time for the hearing that will allow it to make a timely decision as provided in subsection (k).

2.

Notice of the hearing. The board shall give notice of the hearing as required by Virginia Code § 15.2-2204, provided that when giving any required notice to the owners, their agents or the occupants of abutting lots and lots immediately across the street or road from the lot that is the subject of the variance, the board may give such notice by first-class mail rather than by registered or certified mail. Notice of the hearing also shall be posted as provided in section 33.4(m)(2).

3.

Contact by parties with board members. The non-legal staff of the board of supervisors, as well as the applicant, landowner, or its agent or attorney, may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to the application. If an ex parte discussion of facts or law in fact occurs, the party engaging in the communication must inform the other party as soon as practicable and advise the other party of the substance of the communication. Prohibited ex parte communications do not include discussions that are part of a public meeting or discussions prior to a public meeting to which the applicant, landowner, or his agent or attorney are all invited. For the purposes of this section, the "non-legal staff of the board of supervisors" is any staff who is neither an attorney in the county attorney's office nor appointed by special law.

4.

Sharing information produced by county staff. Any materials relating to an application, including a staff recommendation or report furnished to a board member, shall be available without cost to the appellant or any person aggrieved as soon as practicable thereafter, but in no event more than three business days after the materials are provided to one or more board members.

h.

Procedural requirements at the hearing. The following procedures apply at the board's hearing on the application:

1.

The right to equal time for a party to present its side of the case. The board shall offer an equal amount of time in a hearing on the case to the applicant and the county staff.

2.

Burden of proof. The applicant has the burden to prove by a preponderance of the evidence that his application meets the definition of a variance in Virginia Code § 15.2-2201 and the criteria in subsection (i).

i.

Criteria to establish basis to grant a variance. The board shall grant a variance if the evidence shows: (i) that strict application of the terms of the ordinance would unreasonably restrict the utilization of the property; or (ii) that granting the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance; and all of the following:

1.

Good faith acquisition and hardship not self-inflicted. The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance.

2.

No substantial detriment. Granting the variance will not be a substantial detriment to adjacent property and nearby properties in the proximity of that geographical area.

3.

Condition of situation not general or recurring. The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance.

4.

Use variance prohibited. Granting the variance does not result in a use that is not otherwise permitted on the property or a change in the zoning classification of the property.

5.

Special use permit or special exception not available. The relief or remedy sought by the variance application is not available through a special use permit or special exception authorized by this chapter when the application is filed.

j.

Factors not to be considered. The board shall not base any decision on the merits of the purpose and intent of any relevant provision in the zoning ordinance.

k.

Time for decision. The board shall schedule a reasonable time for the hearing on an application so that it may make its decision within 90 days after the date the application was deemed to be complete. This 90-day period is directory, not mandatory.

l.

Action by the board; vote required to grant variance. The concurring vote of three members of the board is required to grant a variance.

m.

Conditions on variance. In granting a variance, the board may impose conditions, as follows:

1.

Nature of conditions. The board may impose reasonable conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest.

2.

Guarantee or bond to ensure compliance. The board also may require that the applicant provide a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.

3.

Conditions deemed to be essential and nonseverable. Except as the board may specify in a particular case, any condition imposed on a variance shall be deemed to be essential and nonseverable from the variance itself and any condition determined to be invalid, void or unlawful shall invalidate the variance.

n.

Effect of granting variance; expansion of structure. The property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and this chapter; however, any structure permitted by a variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under this chapter. If an expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.

o.

Withdrawal of application. An application may be withdrawn, or be deemed to be withdrawn, as provided herein:

1.

Request to withdraw by applicant. An application may be withdrawn upon written request by the applicant. The written request must be received by the board prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the board. An applicant may not submit an application that is substantially the same as the withdrawn application within one year of the date of withdrawal unless the board, at the time of withdrawal, specifies that the time limitation shall not apply.

2.

When application deemed withdrawn. An application shall be deemed to have been voluntarily withdrawn if the applicant requested that further processing or formal action on the application be indefinitely deferred and the board is not requested by the applicant to take action on the application within one year after the date the deferral was requested. Upon written request received by the zoning administrator before the one-year period expires, the zoning administrator may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the nature of the application, the complexity of the review, and the laws in effect at the time the request for extension is made. Upon written request received by the secretary of the board before the extension of the deferral period granted by the zoning administrator expires, the board may grant one additional extension of the deferral period determined to be reasonable, taking into consideration the size or nature of the application, the complexity of the review, and the laws in effect at the time the request for extension is made. The timely receipt by the clerk of the extension request shall toll the expiration of the extended deferral period until the board acts on the request.

p.

Resubmittal of similar denied application. An applicant may not submit an application that is substantially the same as the denied application within one year after the date of the denial.

q.

Judicial review. Any action contesting a decision of the Board under this section shall be as provided in Virginia Code § 15.2-2314.

(§ 34.4, 12-10-80; Ord. 12-18(7), 12-5-12, effective 4-1-13; Ord. 15-18(5), 7-8-15; Ord. 16-18(3), 4-6-16; Ord. 23-18(3), 12-6-23; Ord. 24-A(1), 1-10-24, effective 7-1-24)

State Law reference— Va. Code §§ 15.2-2204, 15.2-2286(A)(4) and (B), 15.2-2308, 15.2-2308.1, 15.2-2309, 15.2-2310, 15.2-2312, 15.2-2314.

(Formerly Procedure, Repealed 7-8-15; now see § 34.3)

An application for a special use permit authorized by sections 4.15.5 and 4.15.5A shall be considered by the board of zoning appeals (the "board") as follows:

a.

Who may file an application. An application may be filed by any owner, tenant, government official, department, board or bureau. (the "applicant"). The application shall pertain to one or more lots owned or occupied by the owner, occupant, or governmental entity.

b.

Application. Each application shall be composed of a completed county-provided application form required to review and act on the application. The zoning administrator is authorized to establish an appropriate application form. The application form shall require the applicant to provide the following:

1.

Factors to be considered for acting on the application. Information pertaining to the factors to be considered for a special use permit in subsection (i).

2.

Payment of delinquent taxes. Satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county and have been properly assessed against the subject property, have been paid.

c.

Filing the application; number of copies. The applicant shall file the application with the department of community development. The zoning administrator is authorized to establish for each class of application the number of collated copies of the application required to be filed.

d.

Determining completeness of the application; rejecting incomplete applications. An application that provides all of the required information on the application form shall be determined to be complete and be accepted for review and decision. An application omitting any required information shall be deemed to be incomplete and shall not be accepted.

1.

Timing of determination of completeness. The zoning administrator shall determine whether an application is complete within ten days after the application was received.

2.

Procedure if application is incomplete. If the application is incomplete, the zoning administrator shall inform the applicant by letter explaining the reasons why the application was rejected as being incomplete. The letter shall be sent by first class mail, be personally delivered or, if consented to by the applicant in writing, by fax or email.

3.

Effect if timely determination not made. If the zoning administrator does not send or deliver the notice as provided in subsection (d)(2) within the ten-day period, the application shall be deemed to be complete, provided that the director may require the applicant to later provide the omitted information within a period specified by the director, and further provided that the zoning administrator may reject the application as provided herein if the applicant fails to timely provide the omitted information.

4.

Resubmittal of application originally determined to be incomplete. Within six months after the date the letter that an application was rejected as being incomplete was mailed, faxed, emailed or delivered by the zoning administrator as provided in subsection (d)(2), the applicant may resubmit the application with all of the information required by this section for a new determination of completeness under this subsection.

e.

Payment of fees. When an application is determined to be complete, the applicant must pay the fee required in County Code Chapter 1, Article 5 before the application is further processed.

f.

Transmittal of information. The zoning administrator shall promptly transmit the application and accompanying maps, plans or other information to the secretary of the board. The zoning administrator shall also transmit a copy of the application to the commission, which may send a recommendation to the board or appear as a party at the hearing.

g.

Procedural requirements prior to the hearing. The following procedures apply prior to the board's hearing on the application:

1.

Scheduling the hearing on the application. The board shall schedule a reasonable time for the hearing that will allow it to make a timely decision as provided in subsection (k).

2.

Notice of the hearing. The board shall give notice of the hearing as required by Virginia Code § 15.2-2204, provided that when giving any required notice to the owners, their agents or the occupants of abutting lots and lots immediately across the street or road from the lot that is the subject of the special use permit, the board may give such notice by first-class mail rather than by registered or certified mail. Notice of the hearing also shall be posted as provided in section 33.4(m)(2).

3.

Sharing information produced by county staff. Any materials relating to an application, including a staff recommendation or report furnished to a board member, shall be available without cost to the appellant or any person aggrieved as soon as practicable thereafter, but in no event more than three business days after the materials are provided to one or more board members.

h.

Procedural requirements at the hearing. The board shall offer an equal amount of time in a hearing on the case to the applicant and the county staff.

i.

Factors to consider when acting. The board shall reasonably consider the following factors when it is reviewing and acting on a special use permit:

1.

No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots.

2.

Character of district unchanged. The character of the district will not be changed by the proposed special use.

3.

Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the district, with the regulations provided in sections 4 and 5, as applicable, and with the public health, safety, and welfare.

4.

Consistency with comprehensive plan. The proposed special use will be consistent with the comprehensive plan.

j.

Factors not to be considered. The board shall not base any decision on the merits of the purpose and intent of any relevant provision in the zoning ordinance.

k.

Time for decision. The board shall schedule a reasonable time for the hearing on an application so that it may make its decision within 90 days after the date the application was deemed to be complete. This 90-day period is directory, not mandatory.

l.

Action by the board; vote required to grant special use permit. The concurring vote of three members of the board is required to grant a special use permit.

m.

Conditions. In granting a special use permit, the board may impose conditions, as follows:

1.

Nature of conditions. The board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit.

2.

Guarantee or bond to ensure compliance. The board also may require that the applicant provide a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.

3.

Conditions deemed to be essential and nonseverable. Except as the board may specify in a particular case, any condition imposed on a special use permit shall be deemed to be essential and nonseverable from the permit itself and any condition determined to be invalid, void or unlawful shall invalidate the permit.

n.

Revocation of permit. The board may revoke a special use permit that it previously granted if it determines, after a hearing, that there has not been compliance with the terms or conditions of the permit. The board shall give notice of the hearing as required by Virginia Code § 15.2-2204, provided that when giving any required notice to the owners, their agents or the occupants of abutting lots and lots immediately across the street or road from the lot that is the subject of the special use permit, the board may give such notice by first-class mail rather than by registered or certified mail.

o.

Withdrawal of application. An application may be withdrawn, or be deemed to be withdrawn, as provided herein:

1.

Request to withdraw by applicant. An application may be withdrawn upon written request by the applicant. The written request must be received by the board prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the board. An applicant may not submit an application that is substantially the same as the withdrawn application within one year of the date of withdrawal unless the board, at the time of withdrawal, specifies that the time limitation shall not apply.

2.

When application deemed withdrawn. An application shall be deemed to have been voluntarily withdrawn if the applicant requested that further processing or formal action on the application be indefinitely deferred and the board is not requested by the applicant to take action on the application within one year after the date the deferral was requested. Upon written request received by the zoning administrator before the one-year period expires, the zoning administrator may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the nature of the application, the complexity of the review, and the laws in effect at the time the request for extension is made. Upon written request received by the secretary of the board before the extension of the deferral period granted by the zoning administrator expires, the board may grant one additional extension of the deferral period determined to be reasonable, taking into consideration the size or nature of the application, the complexity of the review, and the laws in effect at the time the request for extension is made. The timely receipt by the clerk of the extension request shall toll the expiration of the extended deferral period until the board acts on the request.

p.

Resubmittal of similar denied application. An applicant may not submit an application that is substantially the same as the denied application within one year after the date of the denial.

q.

Judicial review. Any action contesting a decision of the board under this section shall be as provided in Virginia Code § 15.2-2314.

(Ord. 15-18(5), 7-8-15; Ord. 23-18(3), 12-6-23; Ord. 24-A(1), 1-10-24, effective 7-1-24)

State Law reference— Va. Code §§ 15.2-2204, 15.2-2286(A)(4) and (B), 15.2-2309, 15.2-2310, 15.2-2312, 15.2-2314.

(Formerly Decision of Board of Zoning Appeals, Repealed 7-8-15, now see § 34.3)

An application to interpret a district map shall be considered by the board of zoning appeals (the "board) as follows:

a.

Who may file an application. An application may be filed by any owner, tenant, government official, department, board or bureau (the "applicant"). The application shall pertain to one or more lots owned or occupied by the owner, occupant, or governmental entity.

b.

Application. Each application shall be composed of a completed county-provided application form required to review and act on the application. The zoning administrator is authorized to establish an appropriate application form. The application form shall require the applicant to provide the following:

1.

Factors to be considered for an application. Information pertaining to the factors to be considered for interpreting a district map in subsection (i).

2.

Payment of delinquent taxes. Satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the county and have been properly assessed against the subject property, have been paid.

c.

Filing the application; number of copies. The applicant shall file the application with the department of community development. The zoning administrator is authorized to establish for each class of application the number of collated copies of the application required to be filed.

d.

Determining completeness of the application; rejecting incomplete applications. An application that provides all of the required information on the application form shall be determined to be complete and be accepted for review and decision. An application omitting any required information shall be deemed to be incomplete and shall not be accepted.

1.

Timing of determination of completeness. The zoning administrator shall determine whether an application is complete within ten days after the application was received.

2.

Procedure if application is incomplete. If the application is incomplete, the zoning administrator shall inform the applicant by letter explaining the reasons why the application was rejected as being incomplete. The letter shall be sent by first class mail, be personally delivered or, if consented to by the applicant in writing, by fax or email.

3.

Effect if timely determination not made. If the zoning administrator does not send or deliver the notice as provided in subsection (d)(2) within the ten-day period, the application shall be deemed to be complete, provided that the director may require the applicant to later provide the omitted information within a period specified by the director, and further provided that the zoning administrator may reject the application as provided herein if the applicant fails to timely provide the omitted information.

4.

Resubmittal of application originally determined to be incomplete. Within six months after the date the letter that an application was rejected as being incomplete was mailed, faxed, emailed or delivered by the zoning administrator as provided in subsection (d)(2), the applicant may resubmit the application with all of the information required by this section for a new determination of completeness under this subsection.

e.

Payment of fees. When an application is determined to be complete, the applicant must pay the fee required in County Code Chapter 1, Article 5 before the application is further processed.

f.

Transmittal of information. The zoning administrator shall promptly transmit the application and accompanying maps, plans or other information to the secretary of the board.

g.

Procedural requirements prior to the hearing. The following procedures apply prior to the board's hearing on the application:

1.

Scheduling the hearing on the application. The board shall schedule a reasonable time for the hearing that will allow it to make a timely decision as provided in subsection (k).

2.

Notice of the hearing. The board shall give notice of the hearing to the owners of the lots that are affected by the question and as required by Virginia Code § 15.2-2204, provided that when giving any required notice to the owners, their agents or the occupants of abutting lots and lots immediately across the street or road from the lot that is the subject of the special use permit, the board may give such notice by first-class mail rather than by registered or certified mail. Notice of the hearing also shall be posted as provided in section 33.4(m)(2).

3.

Contact by parties with board members. The non-legal staff of the board of supervisors, as well as the applicant, landowner, or its agent or attorney, may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to the application. If an ex parte discussion of facts or law in fact occurs, the party engaging in the communication must inform the other party as soon as practicable and advise the other party of the substance of the communication. Prohibited ex parte communications do not include discussions that are part of a public meeting or discussions prior to a public meeting to which the applicant, landowner, or his agent or attorney are all invited. For the purposes of this section, the "non-legal staff of the board of supervisors" is any staff who is neither an attorney in the county attorney's office nor appointed by special law.

4.

Sharing information produced by county staff. Any materials relating to an application, including a staff recommendation or report furnished to a board member, shall be available without cost to the appellant or any person aggrieved as soon as practicable thereafter, but in no event more than three business days after the materials are provided to one or more board members.

h.

Procedural requirements at the hearing. The board shall offer an equal amount of time in a hearing on the case to the applicant and the county staff.

i.

Factors to consider when acting. The board shall reasonably consider the following factors when it is reviewing and acting on an application to interpret at district map:

1.

Uncertainty in district boundary. Whether there is any uncertainty as to the location of a district boundary, provided that the board shall not have the power to change substantially the locations of district boundaries that are established by ordinance.

2.

Intent and purpose of section or district. The board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question.

j.

Factors not to be considered. The board shall not base any decision on the merits of the purpose and intent of any relevant provision in the zoning ordinance.

k.

Time for decision. The board shall schedule a reasonable time for the hearing on an application so that it may make its decision within 90 days after the date the application was deemed to be complete. This 90-day period is directory, not mandatory.

l.

Action by the board; vote required to grant special use permit. The concurring vote of three members of the board is required to change a district boundary.

m.

Withdrawal of application. An application may be withdrawn, or be deemed to be withdrawn, as provided herein:

1.

Request to withdraw by applicant. An application may be withdrawn upon written request by the applicant. The written request must be received by the board prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the board. An applicant may not submit an application that is substantially the same as the withdrawn application within one year of the date of withdrawal unless the board, at the time of withdrawal, specifies that the time limitation shall not apply.

2.

When application deemed withdrawn. An application shall be deemed to have been voluntarily withdrawn if the applicant requested that further processing or formal action on the application be indefinitely deferred and the board is not requested by the applicant to take action on the application within one year after the date the deferral was requested. Upon written request received by the zoning administrator before the one-year period expires, the zoning administrator may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the nature of the application, the complexity of the review, and the laws in effect at the time the request for extension is made. Upon written request received by the secretary of the board before the extension of the deferral period granted by the zoning administrator expires, the board may grant one additional extension of the deferral period determined to be reasonable, taking into consideration the size or nature of the application, the complexity of the review, and the laws in effect at the time the request for extension is made. The timely receipt by the clerk of the extension request shall toll the expiration of the extended deferral period until the board acts on the request.

n.

Resubmittal of similar denied application. An applicant may not submit an application that is substantially the same as the denied application within one year after the date of the denial.

o.

Judicial review. Any action contesting a decision of the board under this section shall be as provided in Virginia Code § 15.2-2314.

(Ord. 15-18(5), 7-8-15; Ord. 23-18(3), 12-6-23; Ord. 24-A(1), 1-10-24, effective 7-1-24)

State Law reference— Va. Code §§ 15.2-2204, 15.2-2286(A)(4) and (B), 15.2-2308, 15.2-2308.1, 15.2-2309, 15.2-2310, 15.2-2312, 15.2-2314.

An architectural review board (the "board") is hereby established,subject to the following:

a.

Members and their appointment. The board shall have five members. Each member shall be appointed by the board of supervisors.

b.

Eligibility. Each member shall be a qualified resident of Albemarle County and shall have a demonstrated interest, competence or knowledge in architecture, site design, or both.

c.

Term. Members shall be appointed for terms of four years and shall serve at the pleasure of the board of supervisors. Initial appointments shall be for two members for four years and three members for two years.

d.

Organization. The board shall elect at its annual meeting a chairman, who shall preside over all meetings, and a vice-chairman, who shall act in the absence of the chairman. The board may adopt rules of procedure to facilitate the conduct of its business at its meetings.

e.

Quorum. A quorum shall be a majority of all the members of the board.

f.

Resources; obtaining services. Within the limits of funds appropriated by the board of supervisors, the board may employ or contract for such secretaries, clerks, legal counsel, consultants and other technical and clerical services as it may deem necessary to transact its business. The board may request the opinion, advice or other aid of any officer, employee, board, bureau or commission of the county.

g.

Compensation. Members of the board shall receive such compensation as may be authorized by the board of supervisors, from time to time, by ordinance or resolution.

(12-10-80; Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code §§ 15.2-2286(A)(4), 15.2-2306.

The architectural review board (the "board") shall have the following powers and duties:

a.

Meet and conduct business. Regularly meet to conduct its business as provided in section 34A.1 and this section.

b.

Review initial site plans. Review initial site plans and provide requirements and recommendations as provided in section 32.4.2.2(b).

c.

Review and act on certificates of appropriateness. Review and act on applications for certificates of appropriateness for any structure, and associated improvements, or any portion thereof, that are visible from the entrance corridor street to which the parcel is contiguous, as provided in sections 30.6.4, 30.6.6 and 30.6.7.

d.

Promulgate design guidelines. Promulgate design guidelines as provided in section 34A.3.

e.

Provide recommendations and act as advisor. Recommend areas to be included in the entrance corridor overlay districts and streets to be designated as entrance corridor streets, and act as an advisor to the commission, the board of supervisors and the board of zoning appeals on any applications for approval under this chapter or Chapter 14.

(12-10-80; Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code §§ 15.2-2286(A)(4), 15.2-2306.

The architectural review board (the "board") shall promulgate design guidelines it determines to be appropriate for one or more entrance corridors:

a.

Review and act on certificates of appropriateness. The board shall review and act on applications for certificates of appropriateness for any structure, and associated improvements, or any portion thereof, that are visible from the entrance corridor street to which the parcel is contiguous, as provided in sections 30.6.4, 30.6.6 and 30.6.7.

b.

Promulgation. The board shall promulgate design guidelines by an affirmative vote to approve the guidelines.

c.

Notice of promulgation. Before the board acts on any design guidelines, notice that design guidelines are being considered for approval shall be advertised as provided in Virginia Code § 15.2-2204.

d.

Ratification. After the board has promulgated the design guidelines, it shall forward them to the board of supervisors for ratification. The board of supervisors may ratify the design guidelines in whole or in part. If the board of supervisors decides to ratify the design guidelines, it shall do so by an affirmative vote to confirm the architectural review board's approval. Any design guidelines not ratified by the board of supervisors shall be returned to the architectural review board for reconsideration, modification or other action.

e.

Effect of ratification. Any design guideline shall become effective only after it has been ratified by the board of supervisors.

(Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code §§ 15.2-2286(A)(4), 15.2-2306.

Each applicant must pay any applicable fees provided in County Code Chapter 1, Article 5, provided that neither the county nor the county school board is required to pay any fee if it is the applicant.

(§ 35.1: Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; Ord. 10-18(7), adopted 8-4-10, effective 1-1-11; Ord. 11-18(1), 1-12-11; Ord. 11-18(7), 6-1-11; Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 12-18(7), 12-5-12, effective 4-1-13; Ord. 13-18(7), 12-4-13, effective 1-1-14; Ord. 14-18(1), 3-5-14; Ord. 14-18(2), 3-5-14; Ord. 15-18(8), adopted 10-14-15, effective 11-1-15; Ord. 16-18(4), 4-6-16; Ord. 18-18(5), 11-7-18; Ord 19-18(3), 6-5-19; Ord. 19-18(6), 8-7-19; Ord. 21-18(2), 4-21-21, effective 7-1-21; Ord. 23-18(3), 12-6-23; Ord. 24-A(1), 1-10-24, effective 7-1-24)

State Law reference— Va. Code §§ 15.2-2286(A)(6), 15.2-2241(9), 15.2-2243.1.

Editor's note— Ord. 23-18(3), adopted Dec. 6, 2023, effective July 1, 2024, repealed § 35.2, which pertained to calculation of fees in special circumstances and derived from § 35.0, Code adopted Dec. 10, 1980; Code adopted May 5, 1982; Code adopted Sept. 1, 1985; Code adopted July 1, 1987; Code adopted June 7, 1989; Code adopted Dec. 11, 1991, effective 4-1-92; Code adopted July 8, 1992, effective Jan. 1, 1994; Ord. 02-18(4), adopted July 3, 2002; Ord. 04-18(3), adopted Oct. 13, 2004; Ord. 04-18(4), adopted Dec. 8, 2004, effective Feb. 8, 2005; Ord. 10-18(7), adopted Aug. 4, 2010, effective Jan. 1, 2011; Ord. 12-18(6), adopted Oct. 3, 2012, effective Jan. 1, 2013; Ord. 15-18(8), adopted Oct. 14, 2015, effective Nov. 1, 2015; Ord. 18-18(5), adopted Nov. 7, 2018.

Editor's note— Ord. 23-18(3), adopted Dec. 6, 2023, effective July 1, 2024, repealed § 35.3, which pertained to mode and timing for paying fees and derived from Ord. 15-18(8), adopted Oct. 14, 2015, effective Nov. 1, 2015; Ord. 18-18(5), adopted Nov. 7, 2018.

Editor's note— Ord. 23-18(3), adopted Dec. 6, 2023, effective July 1, 2024, repealed § 35.4, which pertained to fee refunds and derived from § 18-35.3, Ord. 10-18(7), adopted Aug. 4, 2010, effective Jan. 1, 2011; § 18-35.4, Ordinance 15-18(8), adopted Oct. 14, 2015, effective Nov. 1, 2015; Ord. 18-18(5), adopted Nov. 7, 2018.

Editor's note— Ord. 23-18(3), adopted Dec. 6, 2023, effective July 1, 2024, repealed § 35.5, which pertained to pre-existing use fee waiver and derived from Ord. 17-18(4), adopted Aug. 9, 2017; and Ord. 18-18(5), adopted Nov. 7, 2018.

The purposes of section 32 are to:

a.

Improve the public health, safety, convenience and welfare of the citizens of the county by assuring the orderly development of land;

b.

Provide residential areas with healthy surroundings for family life by assuring that land being developed for residential uses is developed in a manner that is harmonious with its surrounding lands;

c.

Implement the policies of the comprehensive plan through the standards and procedures established herein;

d.

Assure that the development of the county is consonant with the efficient and economical use of public funds;

e.

Assure that all required improvements are designed, constructed and maintained so as not to become an undue burden on the community; and

f.

Establish standards for development that are specific to, and most appropriate for, the lands within the county.

(§ 32.1.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.1(part), 12-10-80; §§ 32.2.4, 32.5.24, 12-10-80) (§ 32.7.1, 5-1-87))

State Law reference— Va. Code §§ 15.2-2200, 15.2-2240et seq., § 15.2-2283.

The requirements of section 32 are:

a.

Separate from, but supplementary to, all other applicable requirements of the Code. Compliance with the requirements of section 32 shall not be deemed to be compliance with other applicable ordinances or regulations.

b.

Separate from, but supplementary to, all other applicable requirements of state or federal law. If the requirements of section 32 are in direct conflict with mandatory state or federal requirements, then the state or federal requirements shall apply.

c.

Separate from the requirements, terms or conditions of any private easement, covenant, agreement or restriction, and nothing in this chapter authorizes the county or any of its officers, employees or agents to enforce a private easement, covenant, agreement or restriction.

(§ 32.1.2, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.1(part), 12-10-80; §§ 32.2.4, 32.5.24, 12-10-80) (§ 32.7.1.1; § 32.2.3, 12-10-80, 1-1-83))

State Law reference— Va. Code § 15.2-2241(9).

Section 32 protects paramount public interests and shall be liberally construed to effectuate its several purposes. In addition to the rules of construction set forth in section 1-101 of the Code, the following rules of construction apply to the construction of section 32, unless the application would be contrary to the purposes of this chapter or the context clearly indicates otherwise:

a.

All references to any statute, regulation, guideline, manual or standard are to that statute, regulation, guideline, manual or standard as it exists on the date of adoption of this chapter, and includes any amendment thereafter or reissue in a subsequent edition.

b.

The word "days" means calendar days, unless otherwise expressly provided.

c.

All distances and areas shall be measured in a horizontal plane unless otherwise expressly provided.

d.

The word "current" means the point in time at which a matter is under consideration and shall not mean the date of adoption of the most recent amendment to section 32.

e.

All provisions requiring that improvements be designed or constructed to prescribed standards, or otherwise comply with delineated standards, refer to the minimum standard and nothing in section 32 shall prohibit an improvement from exceeding the standard.

(§ 32.1.2, Ord. 12-18(6), 10-3-12, effective 1-1-13)

State Law reference— Va. Code § 15.2-2241(9).

The director of community development is hereby designated the agent of the board of supervisors for the purpose of administering section 32 except as otherwise expressly provided. The agent shall have the powers and duties to:

a.

Receive, process and act on site plan applications as provided in section 32.

b.

Establish reasonable administrative procedures as deemed necessary for the proper and efficient administration of section 32.

c.

Make all determinations and findings and impose all applicable requirements in reviewing a site plan.

d.

Consider and act on requests to vary or except the regulations of section 32 as provided in section 32.3.5.

(§ 32.3.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.3.1, 12-10-80) (§ 32.3.2, 12-10-80; §§ 32.6.2, 32.6.7, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255.

A site review committee is hereby established and it shall be composed of representatives of the department of community development, including a planner to evaluate the issues relevant to a certificate of appropriateness that will be considered by the architectural review board for those site plans for sites within an entrance corridor overlay district, the department of fire rescue, the Albemarle County Service Authority, the Virginia Department of Health, the Virginia Department of Transportation, the United States Department of Agriculture, and the Natural Resource Conservation Service. Each member of the site review committee shall identify the requirements and may make recommendations on those matters within the authority of the bodies and entities that they represent. The site review committee shall have the powers and duties to:

a.

Meet from time to time to review site plans as provided in section 32, including requests for variations or exceptions.

b.

Transmit to the agent the requirements and recommendations it has identified regarding each site plan, and information and recommendations on each request for a variation or exception.

c.

Transmit recommended conditions to the agent and the program authority regarding any grading permit that may be sought in conjunction with an approved initial site plan.

d.

Propose rules for the conduct of its business to the agent, which shall be established and approved as administrative procedures under section 32.3.1(b).

(§ 32.3.2, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.3.3; § 32.7.2, 12-10-80, 1-1-84; § 32.3.1, 5-1-87))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255.

Changes, revisions or erasures (collectively, "amendments") to a site plan, including amendments to a landscape plan, may be made as follows:

a.

Prior to approval. Before a site plan is approved by the agent, the developer may amend a site plan or accompanying data sheet that has been submitted to the county if the agent authorizes the amendment in writing or if the site review committee requires the amendment in its review of the site plan. The procedures and requirements for initial and final site plans apply to amendments to a site plan.

b.

After approval. After a site plan is approved by the agent, the developer may amend the site plan if the amended site plan is submitted, reviewed and approved as provided in section 32.4; provided that the agent may approve amendments to an approved final site plan without proceeding under section 32.4 as follows:

1.

Minor amendments. The agent may approve the amendment as a minor amendment if he determines that the site plan, as amended: (i) complies with all requirements of this chapter and all other applicable laws; (ii) is substantially the same as the approved site plan; and (iii) will have no additional adverse impact on adjacent land or public facilities; or

2.

Letters of revision. The agent may approve the amendment by a letter of revision if he determines that the site plan, as amended, complies with subsections (b)(1)(i), (ii) and (iii) and that the proposed amendment is de minimis and requires only limited review.

(§ 32.3.3, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.3.8, 5-1-87; § 32.6.5, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255.

The developer must pay the applicable fees as provided in County Code Chapter 1, Article 5.

(§ 32.3.4, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.3.9, 5-5-82; § 32.6.6, 12-10-80); Ord. 23-18(3), 12-6-23; Ord. 24-A(1), 1-10-24, effective 7-1-24)

State Law reference— Va. Code § 15.2-2241(9).

The requirements of section 32 may be varied or excepted as follows:

a.

Exception from requirement to provide certain details in site plan. The agent may except certain details of a site plan and any amendment to a site plan otherwise required by sections 32.5 and 32.6 as provided herein:

1.

Request for exception. A developer requesting an exception shall submit to the agent a written request stating the reasons for the request and addressing the applicable finding in subsection (a)(2).

2.

Finding. An exception may be approved if the agent finds that unusual situations exist or that strict adherence to requiring the details in sections 32.5 or 32.6 would result in substantial injustice or hardship. This finding shall be supported by information from the site review committee that all of the details required by sections 32.5 and 32.6 are not necessary for its review of the proposed development, and from the zoning admin-istrator, in consultation with the county engineer, that the details waived are not necessary to determine that the site is developed in compliance with this chapter and all other applicable laws.

3.

Action by the agent on a request. The agent may approve or deny the request. In approving an exception, the agent shall identify the details otherwise required by sections 32.5 and 32.6 that are excepted.

b.

Variation or exception from any requirement of section 32.7. Any requirement of section 32.7, including any requirement incorporated by reference in section 32.7 except for those requirements applicable to signs under section 32.7.8(A), may be varied or excepted in an individual case as provided herein:

1.

Request for a variation or exception. A developer requesting a variation or exception shall submit to the agent a written request stating the reasons for the request and addressing the applicable findings in subsections (b)(2) and (b)(3). When a variation is requested, the developer also shall describe the proposed substituted technique, design or materials composing the substituted improvement. The request should be submitted before the site review committee considers the initial site plan. The agent may request that the site review committee provide information and a recommendation on any request for a variation or exception.

2.

Findings required for a variation. The agent may approve a request for a variation to substitute a required improvement upon finding that because of an unusual situation, the developer's substitution of a technique, design or materials of comparable quality from that required by section 32.7 results in an improvement that substantially satisfies the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in section 32.7.

3.

Findings required for an exception. The agent may approve a request for an exception from any requirement of section 32.7 upon finding that: (i) because of an unusual situation, including but not limited to the unusual size, topography, shape of the site or the location of the site; or (ii) when strict adherence to the requirements would result in substantial injustice or hardship by, including but not limited to, resulting in the significant degradation of the site or to adjacent properties, causing a detriment to the public health, safety or welfare, or by inhibiting the orderly development of the area or the application of sound engineering practices.

4.

Findings required for a variation or exception of any requirement of section 32.7.5.2. If the developer requests a variation or exception of any requirement of section 32.7.5.2, the agent shall consider whether the requirement would unreasonably impact the existing above-ground electrical network so that extensive off-site improvements are necessary. In approving a variation or exception, the agent shall find, in addition to the required findings under subsection (b)(2) or (3), that requiring undergrounding would not forward the purposes of this chapter or otherwise serve the public interest and that granting the variation or exception would not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto.

5.

Action by the agent on a request; conditions. The agent may approve, approve with conditions, or deny the request. If a request is approved, the agent shall prepare a written statement regarding the findings made. If a request is denied, the agent shall inform the developer in writing within five days after the denial, and include a statement explaining why the request was denied. In approving a request, the agent may impose reasonable conditions deemed necessary to protect the public health, safety or welfare.

c.

Appeals. The decision of the agent may be appealed as provided in section 32.3.6.

(§ 32.3.5, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.2 (part), 5-1-87; § 32.2.2, 12-10-80) (§ 32.3.5; § 32.5.1, 12-10-80) (§ 32.3.10, Ord. 01-18(4), 5-9-01; § 32.3.11.4, 5-1-87) (§ 32.7.9.3, 5-1-87); Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2242(1).

A denial of a request for a variation or an exception or the approval of a variation or exception with conditions objectionable to the developer may be appealed by the developer as follows:

a.

To the planning commission. A developer may appeal the decision of the agent to the planning commission by submitting a written request for appeal to the agent within ten days after the date of the agent's decision. In acting on an appeal, the commission shall consider the recommendation of the agent and all other relevant evidence, and apply the applicable findings provided in section 32.3.5. The commission may approve or deny the request. In approving a request on an appeal from a decision under section 32.3.5(b), the commission may impose reasonable conditions deemed necessary to protect the public health, safety or welfare.

b.

To the board of supervisors. A developer may appeal the decision of the planning commission to the board of supervisors by submitting a written request for appeal to the clerk of the board of supervisors within ten days after the date of the commission decision. In acting on an appeal, the board shall consider the recommendation of the agent and all other relevant evidence, and apply the applicable findings provided in section 32.3.5. The board may approve or deny the request. In approving a request on an appeal from a decision under section 32.3.5(b), the board may impose reasonable conditions deemed necessary to protect the public health, safety or welfare.

c.

Effect of filing appeal. An appeal shall suspend the running of the time by which the agent must act on a site plan under sections 32.4.2.5 and 32.4.3.6 from the date the appeal is submitted until the date the planning commission or the board of supervisors acts on the appeal, whichever takes the last action.

(§ 32.3.6, Ord. 12-18(6), 10-3-12, effective 1-1-13(§ 32.3.10, Ord. 01-18(4), 5-9-01; § 32.3.11.4, 5-1-87)(§ 32.7.9.3, 5-1-87))

State Law reference— Va. Code § 15.2-2242(1).

A developer may request a preapplication review by submitting the following to the department of community development in accordance with the submittal schedule established by the agent:

a.

Preapplication plan. A preapplication plan meeting the requirements of sections 32.4.1.2 and 32.4.1.3.

b.

Other information. A letter stating which provisions of this chapter the developer believes will require a variation or exception under section 32.3.5 or a special exception. The letter need not include a justification or any supporting information.

(§ 32.4.1.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.1, 5-1-87; § 32.3.1, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).

Each preapplication plan submitted shall comply with the following:

a.

Number of copies. Three clearly legible copies in blue or black ink of the plan shall be submitted.

b.

Scale and size. The plan shall be prepared to the scale of one inch equals 20 feet or to another scale approved by the agent in a particular case. No sheet shall exceed 42 inches by 36 inches in size. The plan may be prepared on one or more sheets. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join. The top of the sheet shall be approximately either north or east.

c.

Dimensions. The plan shall be dimensioned to at least the following standards for accuracy:

1.

Boundary, setback and zoning lines: One foot in 1,000 feet (1:1,000).

2.

Existing contours: One-half of the contour interval required in section 32.5.2(d).

3.

Proposed contours: Within five feet horizontally and vertically.

4.

Existing structures, utilities and other topographic features: Within five feet.

5.

Proposed structures, roads, parking lots and other improvements: Within five feet.

(§ 32.4.1.2, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.1.1, 5-1-87; § 32.3.1, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).

Each preapplication plan shall contain the following information:

a.

General information. The name of the development; names of the owner, developer and individual who prepared the plan; tax map and parcel number; boundary dimensions; zoning district; descriptions of all proffers, special use permits and conditions thereof, special exceptions and conditions thereof, variances and conditions thereof, application plans, codes of development and bonus factors applicable to the site; magisterial district; county and state; north point; scale; one datum reference for elevation (if the site includes land subject to section 30.3, flood hazard overlay district, United States Geological Survey vertical datum shall be shown and/or correlated to plan topography); the source of the topography; departing lot lines; minimum setback lines, yard and building separation requirements; the source of the survey; sheet number and total number of sheets; and the names of the owners, zoning district, tax map and parcel numbers and present uses of abutting parcels.

b.

Information regarding the proposed use. Written schedules or data as necessary to demonstrate that the site can accommodate the proposed uses, including proposed uses and maximum acreage occupied by each use; maximum number of dwelling units by type including the number of bedrooms for multi-family dwellings; gross residential density; square footage of recreational areas, percentage and acreage of open space; maximum square footage for commercial and industrial uses; maximum floor area ratio and lot coverage for industrial uses; maximum height of all structures; schedule of parking including the maximum amount required and the amount provided; the maximum amount of impervious cover on the site; and whether a landscape plan is required under section 32.7.9.

c.

Phase lines. If phasing is planned, phase lines.

d.

Topography and proposed grading. Existing topography (up to 20 percent slope, maximum five-foot contours, over 20 percent slope, maximum ten-foot contours) for the entire site with sufficient offsite topography to describe prominent and pertinent offsite features and physical characteristics, but in no case less than 50 feet outside of the site unless otherwise approved by the agent; proposed grading (maximum five-foot contours) supplemented where necessary by spot elevations; areas of the site where existing slopes are steep slopes.

e.

Landscape features. The existing landscape features as described in section 32.7.9.4(c).

f.

Watercourses and other bodies of water. The name and location of all watercourses and other bodies of water adjacent to or on the site; indicate whether the site is located within the watershed of a public water supply reservoir.

g.

Onsite sewage system setback lines. The location of onsite sewage system setback lines from watercourses including intermittent streams and other bodies of water.

h.

Flood plain. The 100-year flood plain limits as shown on the official flood insurance maps for Albemarle County.

i.

Streets, easements and travelways. The existing and proposed streets, access easements, alley easements and rights-of-way, and travelways, together with street names, state route numbers, right-of-way lines and widths, and pavement widths.

j.

Existing sewer and drainage facilities. The location and size of existing water and sewer facilities and easements, the storm drainage system, and drainage easements.

k.

Proposed sewer and drainage facilities. The proposed conceptual layout for water and sewer facilities and the storm drainage system, indicating the direction of flow in all pipes and watercourses with arrows.

l.

Existing and proposed utilities. The location of other existing and proposed utilities and utility easements, including existing telephone, cable, electric and gas easements.

m.

Ingress and egress. The location of existing and proposed ingress to and egress from the site, showing the distance to the centerline of the nearest existing street intersection.

n.

Existing and proposed improvements. The location and dimensions of all existing and proposed improvements including buildings (maximum footprint and height) and other structures; walkways; fences; walls; trash containers; outdoor lighting; landscaped areas and open space; recreational areas and facilities; parking lots and other paved areas; and loading and service areas.

o.

Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use.

p.

Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plan.

q.

Dam break inundation zones. The limits of a dam break inundation zone.

(§ 32.3.1, 12-10-80; § 32.4.1.1, 5-1-87; § 32.4.1.3, Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 13-18(7), 12-4-13, effective 1-1-14; Ord. 14-18(2), 3-5-14)

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).

Each preapplication plan meeting the requirements of sections 32.4.1.2 and 32.4.1.3 and each letter provided by section 32.4.1.1(b) shall be reviewed by the agent. Within ten days after the submittal, the agent shall send written comments to the developer addressing the following:

a.

Compliance with zoning. Whether the proposed use and density complies with this chapter and all applicable proffers, special use permits and conditions thereof, special exceptions and conditions thereof, variances and conditions thereof, application plans and codes of development.

b.

Variations, exceptions and special exceptions. Identify all variations and exceptions that will be required under section 32 and all special exceptions that will be required, including references to the sections in this chapter under which the variation, exception or special exception will be sought, the sections authorizing the variation, exception or special exception, and the sections identifying the information the developer must submit in order for the variation, exception or special exception to be considered.

c.

Fees. The amount of the fees required for reviewing the site plan and any request for a variation or exception.

d.

Required changes. Identify any features on the plan required to be changed in order to comply with this chapter or any applicable requirement of a proffer, special use permit, special exception, variance, application plan or code of development.

e.

Recommended changes. Identify any features on the plan recommended to be changed to address components of the comprehensive plan or sound planning, zoning or engineering practices.

f.

Additional information. The agent may require additional information to be shown on the initial site plan as deemed necessary in order to provide sufficient information for the agent to adequately review the plan including, but not limited to, information from a traffic study, landscaping, historic resources and groundwater.

(§ 32.4.1.4, Ord. 12-18(6), 10-3-12, effective 1-1-13)

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2283, 15.2-2286(A)(8).

Each initial site plan shall be submitted to the agent and processed as follows:

a.

Date of official submittal. An initial site plan shall be deemed to be officially submitted on the date of the next application deadline established by the agent after the submittal of the plan and the agent's determination that the plan is complete.

b.

Timing of review to determine completeness. The agent's review to determine whether an initial site plan is complete shall be made within ten days after the application submittal deadline.

c.

Determination that plan is incomplete; notice. An initial site plan omitting any information required by section 32.5 shall be deemed to be incomplete and shall not be accepted for official submittal by the agent. The agent shall inform the developer in writing of the reasons for the disapproval, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit acceptance of the plan. The agent shall notify the developer or his or her agent of the disapproval in writing by first class mail, personal delivery, or, if consented to by the developer in writing, by fax or email.

d.

Resubmittal. Within 15 days after the date the notice of disapproval was mailed or delivered by the agent, the developer may resubmit the initial site plan. The date of the next application deadline after the resubmittal of the plan shall be deemed to be the date upon which the plan was officially submitted. In the event the developer fails to resubmit the plan within the 15-day period, the plan shall be deemed to be disapproved and a new application and fee shall be required for submittal of the plan.

e.

Transmittal to site review committee, architectural review board, and state agency. An initial site plan deemed officially submitted shall be transmitted to the site review committee and, for plans for sites within an entrance corridor overlay district, the architectural review board as provided in section 32.4.2.2. If state agency approval of an initial site plan is required, the agent shall forward to the state agency all documents necessary to allow it to conduct its review within ten days after the initial site plan is deemed officially submitted.

f.

Notice; recipients. When the agent determines that an initial site plan is officially submitted, he shall send notice that the plan has been submitted to the owner of each lot abutting the site and to each member of the board of supervisors and the planning commission. The notice shall describe the type of use proposed; the specific location of the development; the appropriate county office where the plan may be viewed; and the dates the site review committee and, if applicable and if known, the architectural review board will review the plan.

g.

Notice; how provided. The notice required by subsection (f) shall be mailed or hand delivered at least ten days prior to the site review committee meeting and, if applicable, the architectural review board meeting at which the initial site plan will be reviewed. Mailed notice shall be sent by first class mail. Notice mailed to the owner of each lot abutting the site shall be mailed to the last known address of the owner, and mailing the notice to the address shown on the current real estate tax assessment records of the county shall be deemed to be compliance with this requirement. If a lot abutting the site is owned by the developer, the notice shall be given to the owner of the next abutting lot not owned by the developer.

h.

Notice; defect does not affect validity of site plan. The failure of any person to receive the notice required by subsection (f), or any error in the notice, shall not affect the validity of an approved site plan, and shall not be the basis for an appeal.

(§ 32.4.2.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.2.1, 12-10-80) (§ 32.4.2.2 (part), 12-10-80) (§ 32.4.2.5, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.

Upon receipt of an initial site plan from the agent, the site review committee and the architectural review board shall review the plan as follows:

a.

Site review committee review. The site review committee shall review each plan for compliance with the technical requirements of this chapter and other applicable laws. Upon completion of its review, the site review committee shall transmit to the agent its requirements and recommendations. The site review committee also may recommend to the agent conditions of initial site plan approval, including conditions required to be satisfied before a grading permit may be issued under Chapter 17. Any recommended conditions shall pertain to any requirements of this chapter and other applicable laws.

b.

Architectural review board review. The architectural review board shall review each plan for sites within an entrance corridor overlay district proposing development that is not exempt from review under section 30.6.5 as follows:

1.

Purpose and scope of review. The architectural review board shall review the plan for consistency with the design guidelines. The scope of review by the board shall be to consider: (i) those elements delineated in section 30.6.4(c)(2) that may be evaluated under the initial site plan and which may include, but not be limited to, the location and configuration of structures; (ii) the location and configuration of parking areas and the location of landscaped areas under section 30.6.4(c)(3); and (iii) to identify existing trees, wooded areas and natural features that should be preserved under section 30.6.4(c)(5). The specific types of landscaping and screening to be provided on the site under section 30.6.4(c)(4) shall not be considered by the board for consistency with the design guidelines during its review of the plan.

2.

Submittal requirements. The architectural review board's review shall be based on the initial site plan and the information provided with the initial site plan under sections 32.5.2, 32.5.3, 32.5.4 and 32.5.5. The developer shall not be required to submit any other information.

3.

Transmittal of requirements and recommendations. Upon completing its review, the architectural review board shall transmit to the agent: (i) its requirements resulting from its review of the elements of sections 30.6.4(c)(2), (3) and (5) delineated in subsection (b)(1) in order to satisfy the design guidelines; (ii) any recommendations including, but not limited to, recommendations pertaining to those elements of sections 30.6.4(c)(2), (3) and (5) for which requirements were not identified under subsection (b)(3)(i); and (iii) any recommended conditions of initial site plan approval, including conditions required to be satisfied before a grading permit may be issued under Chapter 17. Any recommended conditions shall pertain to ensuring compliance with the design guidelines under the elements of sections 30.6.4(c)(2), (3) and (5) delineated in subsection (b)(1).

4.

Appeal. The architectural review board's identified requirements under subsection (b)(3) is a decision that may be appealed as provided in section 30.6.8.

c.

Consistency; reconciliation of conflicts. Any requirement of the architectural review board shall be consistent with the requirements of this chapter. If there is a conflict between any requirement of any applicable law and any requirement identified by the architectural review board, the requirement of the applicable law shall control. If there is a conflict between a requirement and a recommendation, the requirement shall control.

(§ 32.4.2.2, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.2.2 (part), 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260, 15.2-2286(A)(4),15.2-2306.

Each initial site plan for which changes are required shall be revised as follows:

a.

Requirements identified; letter to the developer. If the site review committee or the architectural review board require or recommend revisions to the initial site plan, the agent shall promptly issue a letter to the developer stating the required changes that must be made and the recommended changes that may, in the developer's discretion, be made. The letter shall be sent by first class mail, be personally delivered or, if consented to by the developer in writing, by fax or email.

b.

Plan revised to address required changes. The developer shall revise the plan to address all of the required changes before approval of the initial site plan by the agent. The developer is not required to revise the plan to address any recommendations of the site review committee or the architectural review board.

(§ 32.4.2.3, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.2.3, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.

The review of, and action on, an initial site plan may be deferred, and an application for an initial site plan may be deemed withdrawn, as follows:

a.

Request to defer by developer. A developer may request that review or action on its application for an initial site plan be deferred for a specified period up to six months. If during the deferral period the developer does not request the agent to take action on the initial site plan as provided in section 32.4.2.5 within six months after the date the deferral was requested, the application shall be deemed to have been voluntarily withdrawn.

b.

Failure to submit revised plan. If a developer fails to submit a revised initial site plan to address all of the requirements within six months after the date of the letter from the agent as provided in section 32.4.2.3, the application shall be deemed to have been voluntarily withdrawn by the developer.

c.

Extension of deferral period or period to submit revised plan. Before the deferral period in subsection (a) expires, the developer may request that the agent extend the period before the application is deemed to have been voluntarily withdrawn. The request must be received by the agent before the deferral period expires. The agent may grant one extension for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the extension request is made.

(§ 32.4.2.4, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.2.8, Ord. 01-18(6), 10-3-01))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255.

The agent shall review and act on an initial site plan as follows:

a.

Review. The agent shall review the initial site plan for compliance with all requirements, and shall make a good faith effort to identify all deficiencies, if any, during review of the plan. The agent shall consider the recommendation of the site review committee as to whether the plan complies with all applicable requirements and any statement by the developer. The agent also may consider any other evidence pertaining to the plan's compliance with the requirements of this chapter as deemed necessary for a proper review of the plan.

b.

Time for action. The agent shall act on the initial site plan within 60 days after the date the plan was officially submitted, provided:

1.

Alternative time for action if state agency approval is required. If approval of a feature on the plan by a state agency is required, the agent shall approve or disapprove the plan within 35 days after receipt of approvals from all state agencies, and not more than 90 days after the date the plan was officially submitted.

2.

Suspension of running of time for action. The running of the time by which the agent must act on a plan shall be suspended: (i) from the date the appeal of a decision on a request for a variation or exception is submitted under section 32.3.6 until the date the planning commission or the board of supervisors, as the case may be, acts on the appeal, whichever takes the final action; (ii) from the date of the letter to the developer until the date the revised initial site plan addressing the required changes is submitted under section 32.4.2.3(b); (iii) from the date of the developer's request for a deferral under section 32.4.2.4(a); and (iv) during any extension granted under section 32.4.2.4(c).

c.

Action to approve and notice of approval. If the agent determines that the initial site plan complies with all applicable requirements, he shall approve the plan and promptly issue a letter to the developer informing the developer of the approval and stating the requirements that must be included with submittal of the final site plan and those conditions which must be satisfied prior to approval of the final site plan and, where applicable, those conditions which must be satisfied prior to issuance of a grading permit under section 17-204(E). The agent shall mail the letter by first class mail, personally deliver it to the developer, or, if consented to by the developer in writing, deliver it by fax or email.

d.

Action to disapprove and notice of disapproval. If the agent determines that the plan does not comply with all applicable requirements, he shall disapprove the plan and promptly issue a letter to the developer stating the reasons for disapproval by identifying the plan's deficiencies and citing the applicable sections of this chapter or other applicable laws, and what corrections or modifications will permit approval of the plan. The agent shall mail the letter by first class mail, personally deliver it to the developer, or, if consented to by the developer in writing, deliver it by fax or email.

e.

Action to disapprove because of failure to make required revisions; notice of disapproval; opportunity to resubmit. If the developer submits a revised plan under section 32.4.2.3 that fails to address all of the required changes, the plan shall be disapproved. Within 15 days after the date the notice of disapproval required by subsection (d) is mailed or delivered by the agent, the developer may resubmit the initial site plan. The date of the next application deadline after the resubmittal of the plan shall be deemed to be the date upon which the plan was officially submitted. In the event the developer fails to resubmit the plan within the 15-day period, the plan shall be deemed to be disapproved and a new application and fee shall be required for submittal of the plan.

(§ 32.4.2.5, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.2.4, 12-10-80) (§ 32.4.2.6, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.

The disapproval of an initial site plan may be appealed as follows:

a.

Appeal to commission and board of supervisors. If an initial site plan is disapproved by the agent, or is approved with conditions that the developer objects to, the developer at its sole option may appeal the decision of the agent to the commission and, if the commission disapproves the initial site plan or affirms the objectionable conditions, to the board of supervisors. The appeal shall be in writing and be filed with the agent within ten days after the date of the decision by the agent or by the commission, as the case may be. The action by the commission and the board shall comply with subsections 32.4.2.5(c), (d) and (e), as applicable.

b.

Judicial review. If an initial site plan is disapproved by the agent, the commission or the board of supervisors, the developer may appeal the disapproval to the circuit court as provided in Virginia Code § 15.2-2260(E). No developer is required to appeal the disapproval of the plan under subsection (a) before appealing it to the circuit court.

(§ 32.4.2.6, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.2.7, 12-10-80; Ord. 01-18(6), 10-3-01))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.

An approved initial site plan is valid as follows:

a.

Valid for five years; prerequisites. An initial site plan shall be valid for: (i) a period of five years from the date it is approved pursuant to this chapter, provided that the developer submits a final site plan for all or a portion of the site within one year after the approval as provided in section 32.4.3.1, and thereafter diligently pursues approval of the final site plan; and (ii) any additional period as may be provided by state law.

b.

Revocation of approval after three years. After three years following initial site plan approval, the agent may, after 90 days' written notice provided by certified mail to the developer, revoke the approval of the initial site plan upon a specific finding of fact that the developer failed to diligently pursue approval of the final site plan.

c.

Approval null and void if final site plan not submitted within one year. The failure of a developer to officially submit a final site plan as provided in section 32.4.3.1 within one year after approval of the initial site plan shall render the approval of the initial site plan null and void. For purposes of this section, the date the initial site plan is approved shall be the date that the letter of approval required by section 32.4.2.5(c) is mailed or otherwise delivered as provided therein.

(§ 32.4.2.7, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.3.1(part), 5-1-87(§ 32.4.21, 5-1-87) (§ 32.4.3.2, 5-1-87; § 32.7.1, 12-10-80) (§ 32.4.3.3, 12-10-80)) (§ 32.4.3.8, 12-10-80))

State Law reference— Va. Code §§ 15.2-2209.1, 15.2-2261.

An approved initial site plan affects the following pending and future approvals:

a.

Issues pertaining to a certificate of appropriateness. An approved initial site plan that has complied with the architectural review board's requirements identified under section 32.4.2.2(b) shall be deemed to be consistent with the applicable design guidelines pertaining to the elements of sections 30.6.4(c)(2), (3) and (5) delineated in section 32.4.2.2(b)(1).

b.

Early or mass grading. On any site within a conventional or planned development district, regardless of whether the site is also within an entrance corridor overlay district, early or mass grading may be approved under Chapter 17, subject to the following: (i) no grading permit, building permit, or other permit shall be issued and no land disturbing activity may begin until the developer satisfies the requirements of sections 17-414 through 17-717; provided that land disturbing activity may occur prior to approval of a stormwater management plan if the activity was previously covered under the general permit, as that term is defined in Chapter 17, issued by the Commonwealth on July 1, 2009; (ii) the developer has satisfied the conditions of approval identified by the agent in the letter required by section 32.4.2.5(d); and (iii) any site within a dam break inundation zone is subject to section 32.8.7.

(§ 32.4.2.8, Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 13-18(7), 12-4-13, effective 1-1-14; Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code §§ 62.1-44.15:55, 15.2-2241, 15.2-2286(A)(4), 15.2-2306.

On any site within a planned development district, regardless of whether the site is also within an entrance corridor overlay district, early or mass grading may be approved under Chapter 17 prior to initial site plan approval, subject to the following:

a.

The erosion and sediment control plan measures, disturbed area, and grading are in conformity with the conceptual grading plan and measures shown on the application plan as determined by the county engineer, after consultation with the director of planning; provided that if, after consultation with the director of planning, the county engineer finds that there is not enough detail on the application plan to ensure that the proposed grading and other measures are consistent with the application plan, the early or mass grading shall not be approved until the final site plan is approved.

b.

No grading permit, building permit, or other permit shall be issued and no land disturbing activity may begin until the developer satisfies the requirements of sections 17-414 through 17-717; provided that land disturbing activity may occur prior to approval of a stormwater management plan if the activity was previously covered under the general permit, as that term is defined in Chapter 17, issued by the Commonwealth on July 1, 2009; and (iii) any site within a dam break inundation zone is subject to section 32.8.7.

(Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code §§ 15.2-2241, 15.2-2286(A)(4), 15.2-2306, 62.1-44.15:55.

Each final site plan shall be submitted to the agent and processed as follows:

a.

Prerequisites to submittal. A final site plan shall not be submitted unless: (i) an initial site plan was approved for the development and it remains valid; (ii) the final site plan satisfies all of the requirements of section 32.6; and (iii) the final site plan satisfies all of the conditions delineated in the letter provided under section 32.4.2.5(c) required to be satisfied prior to submitting the final site plan.

b.

Date of official submittal. A final site plan shall be submitted for approval within one year after the date of approval of the initial site plan was mailed or delivered as provided in section 32.4.2.5(c). A final site plan submitted ten days or less before the one-year period expires shall be deemed to be officially submitted on the date it is submitted provided that it is complete by satisfying the requirements of subsection (a). A final site plan submitted more than ten days before the one-year period expires shall be deemed to be officially submitted on the date of the next application deadline established by the agent after the submittal of the plan and the agent's determination that the plan is complete.

c.

Timing of review to determine completeness. The agent's review to determine whether a final site plan is complete shall be made within ten days after it was submitted.

d.

Determination that plan is incomplete; notice. A final site plan not satisfying the requirements of subsection (a) shall be deemed to be incomplete and shall not be accepted for official submittal by the agent. The agent shall inform the developer in writing of the reasons for the disapproval, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit acceptance of the plan. The agent shall notify the developer or his or her agent of the disapproval in writing by first class mail, personal delivery, or, if consented to by the developer in writing, by fax or email.

e.

Resubmittal. Within 15 days after the date the notice of disapproval was mailed or delivered by the agent, the developer may resubmit the final site plan together with payment of the fee for the reinstatement of review. The date of the next application deadline after the resubmittal of the plan shall be deemed to be the date upon which the plan was officially submitted. In the event the developer fails to resubmit the plan within the 15-day period, the plan shall be deemed to be disapproved and a new application and fee shall be required for submittal of the plan.

f.

Transmittal. A final site plan deemed officially submitted shall be transmitted to the site review committee. If state agency approval of a final site plan is required, the agent shall forward to the state agency all documents necessary to allow it to conduct its review within ten days after the final site plan is deemed officially submitted.

(§ 32.4.3.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.3.1, § 32.4.3.1(part), 5-1-87 (§ 32.4.21, 5-1-87) (§ 32.4.3.2, 5-1-87; § 32.7.1, 12-10-80)) (§ 32.4.3.2, 12-10-80); § 32.4.3.3, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259, 15.2-2286(A)(8).

Upon receipt of a final site plan from the agent, the site review committee shall review the plan and make its recommendations as follows:

a.

Review for compliance with section 32. The plan shall be reviewed to determine that it complies with the requirements of section 32 in effect when the initial site plan was approved.

b.

Review for compliance withchapter 18and other laws. The plan shall be reviewed to determine whether it complies with the requirements of chapter 18 and other applicable laws in effect at the time of final site plan review, including but not limited to sections 17-403 and 17-404; provided that the developer may establish that its rights have vested to have the final site plan reviewed under prior versions of chapter 18 or other applicable laws.

c.

Review for compliance with conditions of initial site plan approval. The plan shall be reviewed to confirm that it satisfies all of the conditions required to be satisfied prior to submitting the final site plan, and all of the conditions required to be satisfied prior to final site plan approval, delineated in the letter provided under section 32.4.2.5(c).

d.

Recommendation. Upon completion of its review, the site review committee shall transmit to the agent its recommendation for approval if it determines that the plan satisfies the requirements of subsections (a), (b) and (c), or its recommendation for required changes if it determines the plan does not satisfy the requirements of subsections (a), (b) or (c).

(§ 32.4.3.2, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.3.4, 12-10-80) (§ 32.5.7, Ord. 04-18(4), 12-8-04, effective 2-8-05))

State Law reference— Va. Code §§ 15.2-2121, 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259, 15.2-2286(A)(8).

Prior to approval by the agent of any final site plan for a development within an entrance corridor overlay district, the developer shall obtain a certificate of appropriateness for the development from the architectural review board as follows:

a.

Submittal requirements. The developer shall submit an application for review under sections 30.6.6 and 30.6.7.

b.

Scope of review. The scope of review by the architectural review board shall be as provided in section 30.6.4, subject to the following:

1.

Effect of initial site plan approval. If the final site plan satisfies the requirements of the architectural review board identified during its review under section 32.4.2.2(b), it shall be deemed to be consistent with the applicable design guidelines pertaining to the elements of sections 30.6.4(c)(2), (3) and (5) delineated in section 32.4.2.2(b)(1) and they shall not be reconsidered by the board during its review of the application for a certificate of appropriateness.

2.

If final site plan varies from approved initial site plan. A final site plan may vary from the approved initial site plan and not satisfy the requirements of the architectural review board identified during its review under section 32.4.2.2(b). In such a case, the board shall consider all of the issues under section 30.6.4 during its review of the application for a certificate of appropriateness.

c.

Failure to incorporate recommendations. The architectural review board shall not deny a certificate of appropriateness on the sole ground that the final site plan failed to incorporate any recommendation of the board during its review of the initial site plan under section 32.4.2.2(b).

d.

Reconciliation of conflicts. Conflicts among the requirements of this chapter and other applicable laws and recommendations shall be reconciled as provided in section 32.4.2.2(c).

(§ 32.4.3.3, Ord. 12-18(6), 10-3-12, effective 1-1-13)

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2286(A)(4), 15.2-2306.

A final site plan for which changes are required shall be revised as follows:

a.

Requirements identified; letter to the developer. If the site review committee identifies required changes to the final site plan, the committee shall promptly issue a letter to the developer stating the changes required to be made. The letter shall be sent by first class mail, be personally delivered or, if consented to by the developer in writing, by fax or email.

b.

Response to address requirements. The developer shall revise the plan to address all of the required changes before approval of the final site plan by the agent.

(§ 32.4.3.4, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.3.3, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259.

The review of, and action on, a final site plan may be deferred, and an application for a final site plan may be deemed withdrawn, as follows:

a.

Request to defer by developer. A developer may request that review or action on its application for a final site plan be deferred for a specified period up to six months. If during the deferral period the developer does not request the agent to take action on the final site plan as provided in section 32.4.3.6 within six months after the date the deferral was requested, the application shall be deemed to have been voluntarily withdrawn.

b.

Failure to submit revised plan. If a developer fails to submit a revised final site plan to address all of the requirements within six months after the date of the letter from the agent as provided in section 32.4.3.4, the application shall be deemed to have been voluntarily withdrawn by the developer.

c.

Extension of deferral period or period to submit revised plan. Before the deferral period in subsection (a) expires, the developer may request that the agent extend the period before the application is deemed to have been voluntarily withdrawn. The request must be received by the agent before the deferral period expires. The agent may grant one extension for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the extension request is made.

(§ 32.4.3.5, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.3.10, Ord. 01-18(6), 10-3-01))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255.

The agent shall review and act on a final site plan as follows:

a.

Review. The agent shall review the final site plan for compliance with all requirements, and shall make a good faith effort to identify all deficiencies, if any, during review of the plan. The agent shall consider the recommendation of the site review committee as to whether the plan complies with all applicable requirements and any statement by the developer. The agent also may consider any other evidence pertaining to the plan's compliance with the requirements of this chapter as deemed necessary for a proper review of the plan.

b.

Time for action. The agent shall act on the final site plan within 60 days after the date the plan was officially submitted, provided:

1.

Alternative time for action if state agency approval is required. If approval of a feature on the plan by a state agency is required, the agent shall approve or disapprove the plan within 35 days after receipt of approvals from all state agencies, and not more than 90 days after the date the plan was officially submitted.

2.

Alternative time for action if certificate of appropriateness required. For sites within an entrance corridor overlay district for which a certificate of appropriateness is required for the development under section 30.6et seq., the agent shall approve or disapprove the plan within seven days after the certificate is issued or 60 days after the date the plan was officially submitted, whichever is later.

3.

Suspension of running of time for action. The running of the time by which the agent must act on a plan shall be suspended: (i) from the date the appeal of a decision on a request for a variation or exception is submitted under section 32.3.6 until the date the planning commission or the board of supervisors, as the case may be, acts on the appeal, whichever takes the final action; (ii) from the date of the letter to the developer until the date the revised initial site plan addressing the required changes is submitted under section 32.4.3.4(b); (iii) from the date of the developer's request for a deferral under section 32.4.3.5(a); and (iv) during any extension granted under section 32.4.3.5(c).

c.

Action to approve and notice of approval. If the agent determines that the final site plan complies with all applicable requirements, he shall approve and sign the plan, and may issue a letter to the developer informing the developer of the approval. The agent shall mail the letter by first class mail, personally deliver it to the developer, or, if consented to by the developer in writing, deliver it by fax or email.

d.

Action to disapprove and notice of disapproval. If the agent determines that the plan does not comply with all applicable requirements, he shall disapprove the plan and promptly issue a letter to the developer stating the reasons for disapproval by identifying the initial site plan's deficiencies and citing the applicable sections of this chapter or other law, and what corrections or modifications will permit approval of the plan. The agent shall mail the letter by first class mail, personally deliver it to the developer, or, if consented to by the developer in writing, deliver it by fax or email.

e.

Submittal of corrected or modified plan. Any developer who has received a notice of disapproval under subsection (d) may submit a corrected or modified final site plan addressing the deficiencies identified in the notice of disapproval, as follows:

1.

Deadline for submittal. The developer shall submit the corrected or modified plan within 60 days after the date of the notice of disapproval.

2.

Time for action. The agent shall act on the corrected or modified plan within 45 days after it was submitted.

3.

Action to approve or disapprove. The agent shall approve or disapprove the corrected or modified plan and provide notice of the action to the developer as provided under subsections (c) and (d).

(§ 32.4.3.6, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.3.7, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259.

The disapproval of a final site plan maybe appealed as follows:

a.

Appeal to planning commission and board of supervisors. If a final site plan is disapproved by the agent, the developer at its sole option may appeal the disapproval to the planning commission and, if the commission disapproves the plan, to the board of supervisors. The appeal shall be in writing and be filed with the agent within ten days after the date of the disapproval by the agent or by the commission, as the case may be. The action by the commission and the board shall comply with sections 32.4.3.6(c) and (d).

b.

Judicial review. If a final site plan is disapproved by the agent, the planning commission or the board of supervisors, the developer may appeal the disapproval to the circuit court as provided in Virginia Code § 15.2-2259(D). No developer is required to appeal the disapproval of the plan under subsection (a) before appealing it to the circuit court.

(§ 32.4.3.7, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.3.9, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.

An approved final site plan is valid as follows:

a.

Valid for five years or longer. An approved final site plan shall be valid for: (i) a period of not less than five years after the date of its approval or for a longer period as the agent may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development; and (ii) any additional period as may be provided by state law. A plan shall be deemed to be approved once it has been signed by the agent and if the only requirement remaining to be satisfied in order to obtain a building permit is the posting of any bonds and escrows.

b.

Request for extension. Upon application by the developer submitted prior to expiration of the final site plan, the agent may grant one or more extensions of the approval for additional periods as the agent may, at time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development, and the laws, ordinances and regulations in effect at the time of the request for an extension. If the agent denies the request, he shall promptly issue a letter to the developer stating the reasons for the denial. The agent shall mail the letter by first class mail, personally deliver it to the developer, or, if consented to by the developer in writing, deliver it by fax or email.

c.

Judicial review if request for extension denied. If the agent denies an extension requested under subsection (b) and the developer contends that the denial was not properly based on the regulation applicable thereto, the considerations for granting an extension delineated in subsection (b), or was arbitrary or capricious, the developer may appeal the denial to the circuit court as provided in Virginia Code § 15.2-2261.

d.

Rights attached to valid approved final site plan. For so long as the final site plan remains valid in accord with the provisions of this section, no change or amendment to any county ordinance, map, resolution, rule, regulation, policy or plan adopted after the date the plan was approved shall adversely affect the right of the developer or its successor in interest to commence and complete an approved development in accordance with the lawful terms of the approved plan unless the change or amendment is required to comply with state law or there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.

e.

Effect of minor amendments. The developer's application for a minor amendment to the approved final site plan during its period of validity shall not constitute a waiver of the provisions of this section. The agent's approval of a minor amendment shall not extend the period of validity of the final site plan.

(§ 32.4.3.8, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.4.3.8, 12-10-80))

State Law reference— Va. Code §§ 15.2-2209.1, 15.2-2261.

Each site, if it is developed, shall be developed and maintained in compliance with the approved final site plan.

(Ord. 15-18(5, 7-8-15)

State Law reference— Va. Code §§ 15.2-2240, 15.2-2246, 15.2-2286(A)(8).

Each initial site plan shall comply with the following:

a.

Number of copies. Sixteen clearly legible copies in blue or black ink of the plan shall be submitted.

b.

Scale and size. The plan shall be prepared to the scale of one inch equals 20 feet or to another scale approved by the agent in a particular case. No sheet shall exceed 42 inches by 36 inches in size. The plan may be prepared on one or more sheets. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join. The top of the sheet shall be approximately either north or east.

c.

Dimensions. The plan shall be dimensioned to at least the following standards for accuracy:

1.

Boundary, setback and zoning lines: One foot in 1,000 feet (1:1,000).

2.

Existing contours: One-half of the contour interval required in section 32.5.2(d).

3.

Proposed contours: Within five feet horizontally and vertically.

4.

Existing structures, utilities and other topographic features: Within five feet.

5.

Proposed structures, roads, parking lots and other improvements: Within five feet.

(§ 32.5.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.5.1, 5-1-87 (§ 32.3.5, 12-10-80)) (§ 32.5.4, 5-1-87) (§ 32.5.5, 5-1-87) (§ 32.5.6 (part), 5-1-87))

State Law reference— Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).

Each initial site plan shall contain the following information:

a.

General information. The name of the development; names of the owner, developer and individual who prepared the plan; tax map and parcel number; boundary dimensions; zoning district; descriptions of all proffers, special use permits and conditions thereof, special exceptions and conditions thereof, variances and conditions thereof, application plans, codes of development and bonus factors applicable to the site; magisterial district; county and state; north point; scale; one datum reference for elevation (if section 30.3, flood hazard overlay district, applies to any portion of the site, United States Geological Survey vertical datum shall be shown and/or correlated to plan topography and show existing and proposed ground elevations); the source of the topography; departing lot lines; minimum setback lines, yard and building separation requirements; the source of the survey; sheet number and total number of sheets; and the names of the owners, zoning district, tax map and parcel numbers and present uses of abutting parcels.

b.

Information regarding the proposed use. Written schedules or data as necessary to demonstrate that the site can accommodate the proposed uses, including proposed uses and maximum acreage occupied by each use; maximum number of dwelling units by type including the number of bedrooms for multi-family dwellings; gross residential density; square footage of recreational areas; the percentage and acreage of open space; maximum square footage for commercial and industrial uses; maximum floor area ratio and lot coverage for industrial use; maximum height of all structures; schedule of parking including the maximum amount required and the amount provided; the maximum amount of impervious cover on the site; and if a landscape plan is required, the maximum amount of paved parking and other vehicular circulation areas.

c.

Phase lines. If phasing is planned, phase lines and the proposed timing of development.

d.

Topography and proposed grading. Existing topography (up to 20 percent slope, maximum five-foot contours, over 20 percent slope, maximum ten-foot contours) for the entire site with sufficient offsite topography to describe prominent and pertinent offsite features and physical characteristics, but in no case less than 50 feet outside of the site unless otherwise approved by the agent; proposed grading (maximum five-foot contours) supplemented where necessary by spot elevations; areas of the site where existing slopes are steep slopes.

e.

Landscape features. The existing landscape features as described in section 32.7.9.4(c).

f.

Watercourses and other bodies of water. The name and location of all watercourses and other bodies of water adjacent to or on the site; indicate whether the site is located within the watershed of a public water supply reservoir.

g.

Onsite sewage system setback lines. The location of onsite sewage system setback lines from watercourses including intermittent streams and other bodies of water.

h.

Floodplain and related information. The boundaries of the flood hazard overlay district, the base flood elevation on the site, the elevation of the lowest floor, including any basement, and for any structures to be flood-proofed as required by section 30.3, the elevation to which the structures will be flood-proofed.

i.

Streets, easements and travelways. The existing and proposed streets, including proposed bike lanes, access easements, alley easements and rights-of-way, and travelways, together with street names, state route numbers, right-of-way lines and widths, centerline radii and pavement widths.

j.

Existing sewer and drainage facilities. The location and size of existing water and sewer facilities and easements, the storm drainage system, drainage channels, and drainage easements.

k.

Proposed sewer and drainage facilities. The proposed conceptual layout for water and sewer facilities and the storm drainage system, indicating the direction of flow in all pipes and watercourses with arrows.

l.

Existing and proposed utilities. The location of other existing and proposed utilities and utility easements, including existing telephone, cable, electric and gas easements.

m.

Ingress and egress. The location of existing and proposed ingress to and egress from the property, showing the distance to the centerline of the nearest existing street intersection.

n.

Existing and proposed improvements. The location and dimensions of all existing and proposed improvements including buildings (maximum footprint and height) and other structures; walkways; fences; walls; trash containers; outdoor lighting; landscaped areas and open space; recreational areas and facilities; parking lots and other paved areas; loading and service areas; signs; and the proposed paving material types for all walks, parking lots and driveways.

o.

Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use under sections 32.7.1.1, 32.7.1.2 and 32.7.1.3, and shall include a note on the plan stating that the land is to be dedicated or reserved for public use.

p.

Landscape plan. A landscape plan that complies with section 32.7.9, if it is required to be submitted with the initial site plan.

q.

Traffic generation figures. If deemed appropriate by the agent due to the intensity of the development, estimated traffic generation figures for the site based on current Virginia Department of Transportation rates; indicate the estimated number of vehicles per day and the direction of travel for all connections from the site to a public street.

r.

Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plan.

s.

Additional information. The agent may require additional information to be shown on the initial site plan as deemed necessary to provide sufficient information for the agent and the site review committee to adequately review the plan.

t.

Dam break inundation zones. The limits of a dam break inundation zone.

u.

Additional information for site plans within the neighborhood model district. Each site plan for a planned development within the neighborhood model district shall contain the following additional information: (i) the site plan pertains to at least one block; (ii) a phasing plan; and (iii) building elevations for all new or modified structures.

((§ 32.5.6, 5-1-87, 2-6-02) (§ 32.4.5, 12-10-80); § 32.5.2, Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 13-18(7), 12-4-13, effective 1-1-14; Ord. 14-18(1), 3-5-14; Ord. 14-18(2), 3-5-14; Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).

Federal law reference—44 CFR § 60.3(b)(3).

The application for an initial site plan shall include a response to all information for which a response was requested under section 32.4.1.4.

(§ 32.5.3, Ord. 12-18(6), 10-3-12, effective 1-1-13)

State Law reference— Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).

The application for an initial site plan shall include draft groundwater management plans and aquifer testing workplans required by sections 17-1003 and 17-1004, if applicable. The requirements of sections 17-1003 and 17-1004 shall be satisfied prior to final site plan approval.

(§ 32.5.4, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.5.7, Ord. 04-18(4), 12-8-04, effective 2-8-05); Ord. 15-18(5), 7-8-15;)

State Law reference— Va. Code § 15.2-2121.

The application for an initial site plan shall include architectural elevations, drawings, photographs or other visual materials showing any parking structure proposed on the site and surrounding structures and land uses.

(§ 32.5.5, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.2A (part), Ord. 03-18(1), 2-5-03))

State Law reference— Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).

If the proposed development is located wholly or partially within a dam break inundation zone, the site review committee shall review the initial site plan as follows: (i) it shall review the dam break inundation zone map on file with the county for the affected impounding structure; (ii) notify the dam owner about the proposed development; and (iii) within ten days after the application is deemed complete, send a written request to the Virginia Department of Conservation and Recreation to make a determination of the potential impacts of the proposed development on the spillway design flood standards required for the dam as provided in Virginia Code § 10.1-606.3.

(Ord. 13-18(7), 12-4-13, effective 1-1-14)

State Law reference— Va. Code §§ 10.1-606.3, 15.2-2243.1.

If the proposed development is located wholly or partially within the flood hazard overlay district, the site review committee shall review the initial site plan to determine that the site will be reasonably safe from flooding and, if the development is in a flood-prone area: (i) that it is designed to minimize flood damage within a flood-prone area; (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems will be located and constructed to minimize or eliminate flood damage; and (iii) adequate drainage will be provided to reduce exposure to flood hazards.

(§ 32.5.7, Ord. 14-18(1), 3-5-14)

State Law reference— Va. Code § 15.2-2241(3), 15.2-2280.

Federal law reference—44 CFR § 60.3(a)(4).

Each final site plan shall comply with the following:

a.

Authorized preparer. The plan, and any amendments to a plan, shall be prepared and sealed, signed and dated by an architect, professional engineer, land surveyor, or certified landscape architect, each of whom shall be licensed to practice in the Commonwealth of Virginia.

b.

Number of copies when first submitted. two clearly legible copies in blue or black ink of the plan, in the scale and size required by subsection (d), and one reduced copy of the plan no larger than 11 by 17 inches in size shall be submitted.

c.

Number of copies when submitted for final signature approval. When submitting the final site plan for final signature approval, four print copies of the plan shall be submitted.

d.

Scale and size. The plan shall be prepared to the scale of one inch equals 20 feet or larger, or to another scale approved by the agent in a particular case. No sheet shall exceed 42 inches by 36 inches in size. The plan may be prepared on one or more sheets. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join. The top of each sheet shall be approximately either north or east.

e.

Dimensions. The plan shall be dimensioned to at least the following standards for accuracy:

1.

Boundary, setback and zoning lines: Within 0.01 of a foot.

2.

Existing contours: Within one-half of the contour interval required in section 32.6.2(c).

3.

Proposed contours: Within one foot horizontally and vertically.

4.

Spot elevations: Within 0.10 of a foot.

5.

Existing critical structures including utilities and other topographic features: Within two feet, provided that for critical structures, which include, but are not limited to, gas lines, other utilities, pipes, conduits, walls and buildings to be preserved, within 0.10 of a foot.

6.

Proposed structures, roads, parking lots and other improvements: Within 0.01 of a foot.

(§ 32.6.1, Ord. 12-186), 10-3-12, effective 1-1-13 (§ 32.6.2, 12-10-80) (§§ 32.6.1, 32.6.3, 32.6.4, 32.6.5, 32.6.6 (part), 5-1-87))

State Law reference— Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).

Each final site plan shall contain the following information:

a.

Information required. All of the information required to be on an initial site plan, as provided in section 32.5.

b.

Demonstrate compliance with chapter. Specific written schedules or notes as necessary to demonstrate that the requirements of this chapter are satisfied.

c.

Proposed grading. Proposed grading (up to 20 percent slope, maximum two-foot contours; over 20 percent slope, maximum five-foot contours).

d.

Water and sewer facilities. Detailed plans for proposed water and sewer facilities, including all pipe sizes, types and grades; proposed connections to existing or proposed central water supplies and central sewage systems; location and dimensions of proposed easements and whether they are to be publicly or privately maintained; profiles and cross sections of all water and sewer lines including clearance where lines cross; all water main locations and sizes; valves and fire hydrant locations; all sewer appurtenances by type and number; the station on the plan to conform to the station shown on the profile and indicate the top and invert elevation of each structure.

e.

Drainage and grading plans. Detailed construction drainage and grading plans:

1.

Profiles of all ditches and channels whether proposed or existing, showing existing and proposed grades, and invert of ditches, cross pipes or utilities; typical channel cross sections for new construction; and actual cross sections for existing channels intended to remain;

2.

Profiles of all storm sewer systems showing existing and proposed grades;

3.

Plan view of all drainage systems with all structures, pipes and channels numbered or lettered on the plan and profile views. Show sufficient dimensions and bench marks to allow field stake out of all proposed work from the boundary lines;

4.

A drainage summary table for culverts, storm sewer and channels as described in the following example:

5.

A legend showing all symbols and abbreviations used on the plan;

6.

General notes, typical sections, and details of all items not covered by Virginia Department of Transportation standard drawings; and

7.

Flood plain limits for the 100-year storm for all watercourses with an upstream drainage area of 50 acres or more provided that the county engineer may waive this requirement for drainage areas of less than 100 acres upon determining that the information is unnecessary for review of the proposed development.

f.

Street sections. Typical street sections together with specific street sections where street cut or fill is five feet or greater; centerline curve data; radius of curb returns or edge of pavement; location, type and size of proposed ingress to and egress from the site together with culvert size; symmetrical transition of pavement at intersection with existing street; the edge of street surface or face of curb for full length of proposed street; when proposed streets intersect with or adjoin existing streets or travelways, both edges of existing pavement or travelway together with curb and gutter indicated for a minimum of 100 feet or the length of connection, whichever is the greater distance.

g.

Public facilities and utilities. All public facilities, utility and drainage easements outside the right-of-way of public streets, provided that new easements may be generally shown and accurately dedicated by separate plat. All water and sewer facilities to be dedicated to public use and the easements for those facilities and shall be identified by a statement that the facilities are to be dedicated to the Albemarle County Service Authority.

h.

Signature panel. Signature panel for signature by each member of the site review committee.

i.

Parking and loading areas. For all parking and loading areas, indicate the size, angle of stalls, width of aisles and specific number of spaces required and provided, and method of computation. Indicate type of surfacing for all paved or gravel areas.

j.

Landscape plan. A landscape plan that complies with section 32.7.9

k.

Outdoor lighting. Outdoor lighting information including a photometric plan and location, description, and photograph or diagram of each type of outdoor luminaire.

l.

Recreational facilities. Specifications for recreational facilities that comply with sections 4.16-4.16.3.

(§ 32.6.2, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.6.6, 12-10-80, 5-1-87, Ord. 98-18(1), 8-12-98); Ord. 17-18(4), 8-9-17)

State Law reference— Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).

If the site will have a parking structure, the application for a final site plan shall include any revised architectural elevations, drawings, photographs or other visual materials submitted with the initial site plan under section 32.5.5. The elevations shall be part of the approved final site plan.

(§ 32.6.3, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.2A(a), Ord. 03-18(1), 2-5-03))

State Law reference— Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).

If the proposed development is located wholly or partially within a dam break inundation zone, the developer shall submit with the final site plan the following:

a.

Engineering study. If the Virginia Department of Conservation and Recreation determines that a plan of development proposed by a developer would change the spillway design flood standards of an impounding structure pursuant to Virginia Code § 10.1-606.3, the developer shall submit an engineering study in conformance with the Virginia Soil and Water Conservation Board's standards under the Virginia Dam Safety Act in Virginia Code § 10.1-604et seq. and the Virginia Impounding Structure regulations in 4VAC50-20-10 et seq. The engineering study shall be reviewed and acted upon by the Virginia Department of Conservation and Recreation as provided in Virginia Code § 15.2-2243.1.

b.

Mapping information. The developer shall provide the dam owner, the county, and any other affected localities with information necessary for the dam owner to update the dam break inundation zone map to reflect any new development within the dam break inundation zone following completion of the development.

(Ord. 13-18(7), 12-4-13, effective 1-1-14; Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code §§ 10.1-606.3, 15.2-2243.1.

Each developer shall dedicate to the county a part of the site abutting an existing street determined to be required for vehicular access from that street and may dedicate to the county a part of the property for parks, schools, and open space, as follows:

a.

No compensation if dedication required. The board of supervisors shall not be required to compensate the developer for the land dedicated if the dedication: (i) is required in conjunction with an improvement required by the Virginia Department of Transportation or by this chapter; (ii) is a gift; or (iii) is required by a proffer as part of a conditional rezoning, or a condition imposed in conjunction with the approval of a special use permit, special exception, variance, or other approval.

b.

How accomplished. The dedication of land shall be accomplished by a subdivision plat satisfying the requirements of Chapter 14 and may be accompanied by a deed of dedication in a form and having the substance approved by the county attorney.

(§ 32.7.1.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.1.2(part), 5-1-87; § 32.5.17, 12-10-80) (§ 32.7.3.3(part), 5-1-87; § 32.5.9, 12-10-80))

State Law reference— Va. Code § 15.2-2241(5).

Any developer may reserve for future dedication to the county a part of the site suitable for parks, schools, and open space, as follows:

a.

No compensation if dedication required. The board of supervisors shall not be required to compensate the developer for the reservation of land if the future dedication: (i) is a gift; or (ii) is required by a proffer as part of a conditional rezoning, or a condition imposed in conjunction with the approval of a special use permit, special exception, variance, or other approval.

b.

Land need not be identified in comprehensive plan. Land may be reserved for public use even though it is not identified in the comprehensive plan for a future public use, provided the land is acceptable to the county for reservation.

c.

Reserved in a usable manner. The agent shall not require that land be reserved in a manner that would render it unusable to the developer if it will not be used for the intended public purpose.

d.

Release of reservation. The developer may petition the board of supervisors to release a reservation if the land will not be used for a public purpose.

(§ 32.7.1.2, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.1.2(part), 5-1-87; § 32.5.17, 12-10-80))

State Law reference— Va. Code § 15.2-2241(5).

The agent may request a developer to reserve for future dedication to the county a part of the site suitable for streets, alleys, walkways, waterways or public areas if they are shown on an official map adopted under Virginia Code § 15.2-2233, as follows:

a.

Shown on site plan. Land reserved for future dedication under this section shall be set apart on the final site plan and be identified by a note on the plan stating that the land is reserved for future dedication for public use. The land reserved shall not be developed except as provided in this section.

b.

Procedure when site plan submitted to develop reserved lands. When a site plan to allow the reserved land to be developed is submitted to the county, the plan shall be reviewed and acted on as provided in section 32. If the plan is disapproved for the sole reason that the county wants the land to be dedicated to public use, the county shall have 60 days to request that the land be dedicated to public use and the dedication shall be completed within 120 days after the date of disapproval. If the county has not acted within the 120-day period, the plan shall be approved provided that all other requirements of law have been satisfied.

c.

Release of reservation. The developer may petition the board of supervisors to release the reservation if the official map is amended to remove the street, alley, walkway, waterway or public area from the lands reserved on the approved final site plan.

(§ 32.7.1.3, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.1.3, 5-1-87; § 32.5.17, 12-10-80))

State Law reference— Va. Code §§ 15.2-2233, 15.2-2241.

Any vehicular access to and from a site shall comply with the following:

a.

General. The agent may specify the number, type, location and, subject to subsections (b) and (c), the design of all streets or travelways providing vehicular ingress to and egress from a site for the purpose of reducing or preventing congestion on offsite streets, minimizing conflicts and friction with vehicular traffic on offsite and onsite streets or travelways, minimizing conflicts with pedestrians, and providing continuous and unobstructed access for emergency services such as police, fire and rescue vehicles.

b.

Design. Each entrance onto any public street shall be designed and constructed as required by the standards of the Virginia Department of Transportation. Each entrance onto a public street shall be subject to approval by the Virginia Department of Transportation. Each entrance onto a private street shall be subject to approval by the county engineer.

c.

Principal means of access to residential development; design to avoid obstruction during flooding. If discharge water of a 25-year storm could be reasonably anticipated to inundate, block, destroy or otherwise obstruct a principal means of access to a residential development, the following also shall apply:

1.

The principal means of access shall be designed and constructed so as to provide unobstructed access at the time of flooding; and/or

2.

An alternative means of access which is not subject to inundation, blockage, destruction or obstruction, and which is accessible from each dwelling unit within the development shall be constructed.

(§ 32.7.2.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.2, 5-1-87) (§ 32.7.2.1, § 32.5.8.01, 7-15-81) (§ 32.7.2.3, 5-1-87) (§ 32.7.3, 5-1-87))

State Law reference— Va. Code §§ 15.2-2241(2), 15.2-2241(4).

Streets and travelways within a development shall be subject to the following:

a.

Minimum design. Each public street and travelway within a development shall be designed and constructed to the standards of the Virginia Department of Transportation. Each private street and travelway within a development shall be designed and constructed to the standards for private streets in Chapter 14.

b.

Geometric design. The agent may vary street geometric design standards as provided under section 32.3.5 for public local, collector and minor loop streets, provided that:

1.

Approval of the proposed variation is obtained from the Virginia Department of Transportation where applicable;

2.

Off-street parking spaces are provided to compensate for the loss of on-street parking due to varying the geometric design standards; and

3.

The developer shall be responsible for placing "no parking" signs on all travel lanes, driveways or streets to prohibit parking on the streets. Where turnarounds are used, if the right-of-way radius is 50 feet and the paved radius is 40 feet, the developer shall install "no parking" signs for the complete circle where those signs are required by the agent. If the right-of-way radius is increased to 60 feet and the paved radius is increased to 50 feet, parking on the turnaround may be permitted.

c.

Turnarounds. All turnarounds shall have a turning radius required by the standards of the Virginia Department of Transportation. In the case of any private street, the agent may require that at least one sign of a type approved by the county engineer be posted giving notice that the street is not a through street.

d.

Coordination. All streets within a development shall be coordinated as to location, width, grades and drainage with other streets, as follows: (i) by coordinating with existing or planned streets within the general area of the development, including but not limited to existing or future adjacent subdivisions or developments, or subdivisions or developments contiguous to adjacent subdivisions or developments; and (ii) by continuing the streets to planned, existing, or platted streets into adjoining areas by dedication or reservation of right of way adequate to accommodate continuation of the streets.

e.

Extension. All streets within a development shall be extended and constructed to the abutting property lines to provide vehicular and pedestrian interconnections to future development on adjoining lands, terminating within the development with a temporary turnaround. The arrangement of the streets shall provide adequate access to adjoining lands within the development where necessary to provide for the orderly development of the county including, but not limited to, reserving temporary construction easements of sufficient area to accommodate the future completion of the street when the adjoining lands are developed.

f.

Interconnectivity of bicycle ways. The agent may require that any bicycle way connect to existing bicycle ways on abutting parcels.

(§ 32.7.2.2, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.2.4, 5-1-87) (§ 32.7.2.5, 5-1-87; § 32.5.7, 12-10-80) (§ 32.7.3.1, 5-1-87; § 32.5.6, 12-10-80) (§ 32.7.3.2, 5-1-87; § 32.5.9, 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(2), 15.2-2241(4), 15.2-2242(3).

Sidewalks and pedestrian ways within a development shall be provided as follows:

a.

Sidewalks along streets. The agent may require sidewalks on one or both sides of streets in residential developments having a proposed density of two or more dwelling units per acre and in commercial, industrial and mixed-use developments whenever he determines that sidewalks are reasonably necessary to protect the public health, safety and welfare. All sidewalks along streets, including all ramps for persons with mobility impairments, shall be designed and constructed to the standards of the Virginia Department of Transportation.

b.

Other sidewalks and pedestrian walkways. The agent may require sidewalks and pedestrian walkways which will enable pedestrians to walk safely and conveniently between buildings on the site and from the site to adjacent property and, where appropriate, to onsite private areas of recreation and open space and offsite public areas of recreation and open space such as schools, parks, gardens and similar areas. All sidewalks and pedestrian walkways that may be required by this subsection shall be designed and constructed to the standards established in the design standards manual, provided that all ramps for persons with mobility impairments shall be designed and constructed to the standards of the Virginia Department of Transportation.

c.

Interconnectivity of sidewalks or pedestrian ways. The agent may require that any sidewalk or other pedestrian way connect to existing sidewalks or pedestrian ways on abutting parcels.

(§ 32.7.2.3, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.2.8, 5-1-87; § 32.5.19, 12-10-80))

State Law reference— Va. Code §§ 15.2-2201, 2241(4), 15.2-2242(3), 15.2-2280.

Onsite parking shall be subject to the following:

a.

Design and construction. Onsite parking and internal circulation shall be designed and constructed as provided in section 4.12.

b.

Parking structures. In addition to all other applicable requirements, each parking structure shall be subject to the following:

1.

Mechanical equipment or other utility hardware on the roof, ground, or building shall be screened from public view to the reasonable satisfaction of the agent with materials harmonious with the building or they shall be located so as not to be visible from public view.

2.

Air handlers shall be located so that emissions are directed away from any adjoining residential development.

3.

The structure shall be designed so that the light from all vehicle headlights and all lighting fixtures will not routinely shine directly outside the structure.

(§ 32.7.3.4, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.2.7, 5-1-87) (§ 32.7.2A, Ord. 03-18(1), 2-5-03))

State Law reference— Va. Code §§ 15.2-2241(3), 15.2-2241(4), 15.2-2280.

Each site plan shall comply with the following:

a.

Stormwater management. Each site plan shall comply with all applicable requirements of Chapter 17.

b.

Water pollution. In addition to the provisions of section 4.14 and other applicable laws, each site plan shall provide for minimizing the pollution of downstream watercourses and groundwater where on-site measures are deemed warranted by the county engineer. In determining whether and what measures, if any, are warranted, the county engineer shall consider the character of the proposed use including, but not limited to, whether petroleum products, pesticides, poisons, synthetic organic compounds or other substances would be stored or used on the site which, if improperly stored or inadvertently discharged, may reasonably be anticipated to pollute surface water or groundwater.

c.

Soil characteristics. In reviewing site plans, the site review committee shall refer to the U. S. Department of Natural Resource Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985 in commenting on soil suitability for the intended development and, in particular, Table 10 Building Site Development, Table 12 Construction Materials, and Table 16 Soil and Water Features. If soils are rated as "poor" or "severely limited" for a proposed use, or where high seasonal water table and/or hydrologic group D soils are encountered, the site review committee shall notify the agent of these conditions and provide recommendations for special design measures.

(§ 32.7.4.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.4, 5-1-87; § 32.5.13, 12-10-80) (§ 32.7.4.1, 5-1-87; § 32.5.13, 12-10-80) (§ 32.7.4.2, 5-1-87) (§ 32.7.4.3; § 32.5.14, 12-10-80) (§ 32.7.4.4, 5-1-87); Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code §§ 62.1-44.15:73, 15.2-2241(3), 15.2-2283, 62.1-44.15:24 et seq.

The agent shall require each developer to dedicate easements to the county for facilities for stormwater management and drainage control as follows:

a.

Easements required. The following easements shall be required:

1.

An easement for all stormwater management facilities and drainage control improvements located on the site shall be established whenever the improvement is designed, constructed, or both, beyond a street right-of-way or access easement, and shall extend from all drainage outfalls to an adequate channel as defined in 9VAC25-840-10 that satisfies the minimum standards in 9VAC25-840-40(19) to the boundary of the site.

2.

An easement along any natural stream or man-made waterway located on the site that will be used for drainage purposes.

b.

Area of easement. The area of each easement shall be sufficient, as determined by the county engineer, to: (i) accommodate the facilities and the drainage characteristics from each drainage outfall from a drainage control facility; and (ii) allow access to a natural stream or man-made waterway to allow widening, deepening, relocating, improving, or protecting the natural stream or man-made waterway for drainage purposes.

c.

Right of ingress and egress. Each easement shall include the right of ingress and egress for installation, maintenance, operation, repair and reconstruction of any improvement within the easement. The agent also may require that an easement be provided through abutting land under the same ownership as the site.

d.

Compensation not required. The board of supervisors shall not be required to compensate the developer for any easement or any improvements thereon.

e.

Not considered part of street width. No easement shall be considered part of any required street width.

(§ 32.7.4.2, Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 15-18(5), 7-8-15)

State Law reference— Va. Code § 15.2-2241(3).

The water supply and sewage system serving a development shall comply with the following:

a.

Whether a public or private water supply and sewage system required. Whether the developer shall install or construct a public or private water supply and sewage system shall be determined under section 4.1.

b.

Public water supply and sewage system. All public water and sewer facilities required to be constructed to serve the development shall be designed and constructed to the standards of the Albemarle County Service Authority. The water supply also shall satisfy the requirements of section 32.7.6(a) to provide fire protection. To ensure that public water and sewer service is available to abutting parcels that would rely on those systems, the agent may require the developer to construct the water and sewer facilities to the boundary lines of the development with abutting lands. Sewer facilities constructed to the boundary lines of the site shall be constructed at a depth and location that allows gravity sewers to provide service to the developable land draining towards the sewer.

c.

Private water supply and sewage system. All private water and sewer facilities shall be designed and constructed to the standards of the Virginia Department of Health and be approved by the Health Director. The water supply also shall satisfy the requirements of section 32.7.6(b) to provide fire protection.

d.

Dedication of public water and sewer facilities. The developer shall dedicate any public water and sewer facilities as provided in section 32.7.5.3.

(§ 32.7.5.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.5, 5-1-87; § 32.5.15, 12-10-80) (§ 32.7.5.1, 12-10-80, 5-1-87, 1-3-96) (§ 32.7.5.3, 5-1-87))

State Law reference— Va. Code § 15.2-2241(3), 15.2-2241(4).

All utilities, including but not limited to wires, cables, pipes, conduits and appurtenant equipment for electricity, gas, water, sewer, telephone or similar service, shall be located within a site as follows:

a.

Conforming to natural topography. Each utility shall be located, to the extent practicable, in a manner that conforms to the natural topography, minimizes the disturbance of steep slopes and natural drainage areas, and allows vehicular and pedestrian interconnections within the site and existing or future development on adjoining lands.

b.

Undergrounding. All new utilities shall be located underground except the following, which may be located above ground: (i) electric transmission lines and facilities; (ii) equipment, including electric distribution transformers, switch gear, meter pedestals, telephone pedestals, outdoor lighting poles or standards, radio antennae and associated equipment, which is, under accepted utility practices, normally installed aboveground; (iii) meters, service connections, and similar equipment normally attached to the outside wall of a utility customer's premises; and (iv) satellite dishes.

c.

Within public street right-of-way. If it is necessary to locate a new or existing public utility within the right-of-way of a public street, the developer shall first obtain a permit from the Virginia Department of Transportation.

d.

Allowing street trees and landscaping. Installation of utilities in or adjacent to the right-of-way shall not preclude the installation of street trees or required landscaping.

(§ 32.7.5.2, Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 14-18(2), 3-5-14)

State Law reference— Va. Code § 15.2-2241(4).

The agent shall require each developer to dedicate to the Albemarle County Service Authority for public use all water and sewer facilities required by this chapter that are designed, constructed and approved to be dedicated as public water supply and public sewage systems, and to establish an easement on the land appurtenant thereto and extending to any abutting property identified by the agent. The board of supervisors and the service authority shall not be required to compensate the developer for the dedicated facilities or the establishment of the easement.

(§ 32.7.5.3, Ord. 12-18(6), 10-3-12, effective 1-1-13)

State Law reference— Va. Code § 15.2-2241(5).

The agent may require a developer to convey, where appropriate, common or shared easements to franchised cable television operators furnishing cable television and public service corporations furnishing cable television, gas, telephone and electric service to the site, as follows:

a.

The location of each easement shall be adequate for use by the franchised cable television operators and public service corporations which may be expected to occupy them.

b.

Each easement shall include the right of ingress and egress for installation, maintenance, operation, repair and reconstruction of any improvement within the easement. The agent also may require that an easement be provided through abutting land under the same ownership as the site.

(§ 32.7.5.3, Ord. 12-18(6), 10-3-12, effective 1-1-13)

State Law reference— Va. Code § 15.2-2241(6).

Fire protection shall be provided as follows:

a.

Public water reasonably available. Where public water is reasonably available as determined under section 4.1(a):

1.

Verification of capability. Prior to final site plan approval, the Albemarle County Service Authority and the division of fire rescue shall verify that adequate capability exists to provide adequate fire protection to serve the site, including required fire flows, together with all other developments to be served by the system.

2.

Required improvements. Fire hydrants and distribution systems shall be installed and constructed by the developer. Hydrant locations and fire flow requirements shall be as prescribed by Insurance Service Offices (ISO) standards and shall be subject to approval by the division of fire rescue, provided that if the standards of the Albemarle County Service Authority are greater than the ISO standards, then the standards of the Albemarle County Service Authority shall apply.

b.

Public water not reasonably available. Where public water is not reasonably available as determined under section 4.1(a), the division of fire rescue may require the improvements and alternative provisions it deems reasonably necessary to provide adequate fire protection to serve the site.

(§ 32.7.6, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.6.1; § 32.5.18, 12-10-1980))

State Law reference— Va. Code § 15.2-2241(3).

Recreational areas shall be provided as required by section 4.16.

(§ 32.7.7, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.7.1, 5-1-87))

State Law reference— Va. Code § 15.2-2241(3).

Signs and outdoor lighting shall be provided as follows:

a.

Signs. All signs shall comply with the requirements of, and shall be subject to approval as provided in, section 4.15.

b.

Outdoor lighting. All outdoor lighting shall comply with the requirements of section 4.17.

(§ 32.7.8, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§§ 32.7.8.1, 32.7.8.2, 5-1-87))

State Law reference— Va. Code § 15.2-2241(3).

The purposes for requiring landscaping and screening as part of a development are to:

a.

Ensure orderly development that is consistent with the policies and goals of the comprehensive plan related to natural resources and with the plan's environmental and land use policies and goals, as implemented in this chapter;

b.

Promote the public health, safety and welfare;

c.

Conserve energy by providing shade and wind breaks;

d.

Provide pervious area which helps to reduce the quantity of stormwater and to recharge groundwater;

e.

Improve air quality;

f.

Minimize noise, dust and glare;

g.

Promote traffic safety by controlling views and defining circulation patterns;

h.

Protect and preserve the appearance, character and value of the site's neighboring lands; and

i.

Protect the unique features of the site which could otherwise be irretrievably lost due to careless site design, but to implement these regulations so as not to prohibit development of the site.

(§ 32.7.9.1, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.9, 12-10-80; § 32.8.1, 7-10-85) (§ 32.7.9.4 (last ¶), 5-1-87; § 32.8.2.4, 7-10-85))

State Law reference— Va. Code §§ 15.2-2200, 15.2-2241(3), 15.2-2280, 15.2-2283, 15.2-2286(A)(6).

A landscape plan shall be submitted as follows:

a.

Prior to final site plan approval. A landscape plan shall be submitted to the agent prior to final site plan approval, unless it is required to be submitted prior to initial site plan approval as provided in subsections (b) or (c).

b.

Prior to initial site plan approval; impervious area exceeds 80 percent or site within entrance corridor overlay district. A landscape plan shall be submitted to the agent prior to initial site plan approval if the impervious coverage of the site exceeds 80 percent of the gross area of the site or if the site is within an entrance corridor overlay district.

c.

Prior to initial site plan approval; special site conditions. A landscape plan shall be submitted to the agent prior to initial site plan approval if the agent determines that review of the plan at that time is warranted because of unusual circumstances, conditions of the site, or the character of the proposed use.

(§ 32.7.9.2, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.9.1, 5-1-87))

State Law reference— Va. Code §§ 15.2-2241(3), 15.2-2280, 15.2-2286(A)(6).

The agent shall review and act on a landscape plan as follows:

a.

Review. The agent shall review the landscape plan for compliance with the requirements of section 32.7.9, and shall make a good faith effort to identify all deficiencies, if any, during review of the plan. The agent shall consider the comments from other agencies before approving the plan, including the Virginia Department of Transportation and the Albemarle County Service Authority.

b.

Revisions to address required changes. The agent may require the developer to revise the landscape plan as provided in section 32.4.3.4.

c.

Time for action. The agent shall act on the landscape plan prior to final site plan approval.

d.

Action. If the agent determines that the landscape plan complies with all requirements of section 32.7.9, he shall approve the plan and promptly issue a letter to the developer stating so. If the agent determines that the plan does not comply with all requirements of section 32.7.9, he shall disapprove the plan and promptly inform the developer of the disapproval. A notice of disapproval shall state the reasons for disapproval by identifying the landscape plan's deficiencies and citing the applicable sections of section 32.7.9 and what corrections or modifications will permit approval of the plan. The agent shall notify the developer or his or her agent of the disapproval in writing by first class mail, personal delivery, or, if consented to by the developer in writing, by fax or email.

e.

Authority of agent in approving a landscape plan. In approving a landscape plan, the agent may require the following:

1.

Agreement with surety. The agent may require that installation of the landscaping be subject to an agreement with surety as provided in section 32.8.2.

2.

Preservation of features. The agent may require that any or all features shown on a landscape plan be preserved upon determining after a site inspection that the features contribute significantly to the character of the Albemarle County landscape and that the preservation of those features is necessary to satisfy the purpose and intent of this chapter.

f.

Submittal of corrected or modified landscape plan. Any developer who has received a notice of disapproval under subsection (d) may submit a corrected or modified landscape plan addressing the deficiencies identified in the notice of disapproval.

g.

Appeal. The developer may appeal the disapproval of a landscape plan as part of its appeal of the disapproval of a final site plan as provided in section 32.4.3.7.

(§ 32.7.9.3, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.9.2, 7-10-85 (§§ 32.8.2.5, 32.8.2.6, 32.8.2.7, 7-10-85); 5-1-87) (§ 32.7.9.4 (penultimate ¶), 12-10-80))

State Law reference— Va. Code §§ 15.2-2241(3), 15.2-2280, 15.2-2286(A)(6).

Each landscape plan shall contain the following information:

a.

Proposed plant materials. The landscape plan shall show the location, size and type of all proposed plant materials. The types of plant materials may be identified by using generic terms such as "large shade tree," "medium shade tree," "screening tree," "screening shrub," or "street shrub." The required plant materials shall be chosen from a recommended species list approved by the agent.

b.

Existing trees; preservation in lieu of new plant materials. Existing trees may be preserved in lieu of planting new plant materials in order to satisfy the landscaping and screening requirements of section 32.7.9, subject to the agent's approval. In such a case:

1.

Areas and other features shown on landscape plan. The landscape plan shall show the trees to be preserved, the limits of clearing, the location and type of protective fencing, grade changes requiring tree wells or walls, and trenching or tunneling proposed beyond the limits of clearing.

2.

Conservation checklist. The applicant shall sign a conservation checklist approved by the agent to ensure that the specified trees will be protected during construction. Except as otherwise expressly approved by the agent in a particular case, the checklist shall conform to the specifications in the Virginia Erosion and Sediment Control Handbook, pages III-393 through III-413, and as hereafter amended.

c.

Existing landscape features. The landscape plan shall show the existing landscape features on the site, which shall include:

1.

Wooded areas. All wooded areas, identifying whether they are composed of evergreen, deciduous, or a mix of type, and showing the location of the tree line;

2.

Small groups of trees and individual trees. Small groups of trees and individual trees of six-inch caliper or greater, or ornamental trees of any size, identified by common name and approximate caliper and showing their location;

3.

Natural features. Natural features which distinguish the site, such as prominent ridge lines, rock outcroppings or water features;

4.

Man-made features. Man-made features of local, historic or scenic importance; and

5.

Scenic vistas. Scenic vistas across the site from a public street.

d.

Verification of compliance. The landscape plan shall verify that it satisfies the minimum landscaping and screening requirements of section 32.

(§ 32.7.9.4, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.9.4, 12-10-80; 7-10-85 (§§ 32.8.2.2, 32.8.2.3, 32.8.2.4, 7-10-85); 5-1-87); Ord. 01-18(6), 10-3-01))

State Law reference— Va. Code §§ 15.2-2241(3), 15.2-2280, 15.2-2286(A)(6).

The minimum landscaping standards along streets are as follows:

a.

When street trees required. Street trees shall be required along existing or proposed streets in any development subject to section 32.

b.

Street tree species. Street trees shall be selected from a current list of recommended large shade trees approved by the agent, provided that medium shade trees may planted instead when the agent determines that site conditions warrant smaller trees. All street trees to be planted shall meet the specifications of the American Association of Nurserymen.

c.

Minimum caliper of street trees. Large street trees shall be 1½ inches to 1¾ inches minimum caliper (measured six inches above ground level) when planted. Medium street trees shall be one inch to 1¼ inches minimum caliper when planted.

d.

Location and spacing of street trees. Street trees shall be planted with even spacing in a row within the public street right-of-way or adjacent to the public street right-of-way if not permitted therein by the Virginia Department of Transportation, and within the private street right-of-way. One large street tree shall be required for every 50 feet of street frontage, or portion thereof, if 25 feet or more. Where permitted, one medium shade tree shall be required for every 40 feet of road frontage, or portion thereof, if 20 feet or more. If required street trees cannot be planted within the parking setback or within ten feet of the street right-of-way due to sight distance, utility easements or other conflicting requirements, then the planting strip shall be enlarged to accommodate the trees. If this requirement creates a hardship by causing the relocation of required parking spaces, then the additional planting area may be counted toward the interior landscaping requirement.

e.

Shrubs along public streets. When a parking area is located so that the parked cars will be visible from an off-site street, the agent may require additional planting of low street shrubs between the street and the parking area, subject to the following:

1.

Minimum size of shrubs. Shrubs shall be a minimum of 12 inches in height when planted.

2.

Spacing of shrubs. Shrubs shall be in a single row planted five feet on center.

3.

Alternatives. The agent may authorize different landscaping designed to minimize the visual impact of the parking area.

(§ 32.7.9.5, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.9.5, 12-10-80; 7-10-85 (§§ 32.8.3.1, 32.8.3.2, 7-10-85); 6-20-90) (§ 32.7.9.6, 7-10-85 (§§ 32.8.4.1, 32.8.4.2, 32.8.4.3, 32.8.4.4, 7-10-85); 5-1-87) (§ 32.7.9.7, 7-10-85 (§§ 32.8.5.1, 32.8.5.1.a, 32.8.5.1.b, 32.8.5.1.c, 7-10-85); 5-1-87))

State Law reference— Va. Code §§ 15.2-2241(3), 15.2-2280, 15.2-2286(A)(6).

The minimum landscaping standards for each parking area having five or more parking spaces are as follows:

a.

Minimum area. An area of at least five percent of the paved parking and vehicular circulation area shall be landscaped with trees or shrubs. Neither the areas of street trees and shrubs required by sections 32.7.9.5(d) and (e) nor shrubs planted between a parking area and a building on the site shall be counted toward the minimum area landscaped area for a parking area.

b.

Types of plant materials. The plant materials may be a mixture of shade trees and shrubs and shall include one large or medium shade tree per ten parking spaces or portion thereof, if five spaces or more. The shade trees shall be selected from a current list of recommended large shade trees approved by the agent or other species approved by the agent and the agent may allow trees smaller than medium shade trees to be planted when site conditions warrant smaller trees. All shade trees to be planted shall meet the specifications of the American Association of Nurserymen.

c.

Minimum caliper of street trees. Large street trees shall be 1½ inches to 1¾ inches minimum caliper (measured six inches above ground level) when planted. Medium street trees shall be one inch to 1¼ inches minimum caliper when planted.

d.

Spacing. The plant materials shall be located in reasonably dispersed planting islands within the parking area or abutting areas.

(§ 32.7.9.6, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.9.7, 7-10-85 (§§ 32.8.5.1, 32.8.5.1.a, 32.8.5.1.b, 32.8.5.1.c, 7-10-85); 5-1-87))

State Law reference— Va. Code §§ 15.2-2241(3), 15.2-2280, 15.2-2286(A)(6).

The minimum landscaping standards for required screening are as follows:

a.

When required. Screening shall be required in the following circumstances:

1.

Commercial and industrial uses. Commercial and industrial uses shall be screened from the adjacent rural areas zoning district. Commercial and industrial uses shall be screened from residential uses when deemed necessary by the agent upon considering the proximity of the commercial or industrial use to the residential use, the nature of the commercial or industrial use, whether the uses are in single-use or mixed use developments, and other considerations he determines to be relevant under sound zoning principles.

2.

Parking areas. Parking areas consisting of four spaces or more shall be screened from adjacent residential and rural areas districts.

3.

Features that may have negative visual impacts. Features that may have negative visual impacts including, but not limited to, the following shall be screened from adjacent residential and rural areas districts and public streets: (i) loading areas; (ii) refuse areas; (iii) storage yards; (iv) detention ponds; and (v) recreational facilities determined to be of objectionable character by the agent, other than children's play areas where visibility is necessary or passive recreation areas where visibility is desirable.

4.

Double frontage residential lots. Double frontage residential lots shall be screened between the rear of the residences and the public right-of-way when deemed necessary by the agent.

5.

Uses that may have negative visual impacts on historic properties. The agent may require screening of any use, or portion thereof, upon determining that the use would otherwise have a negative visual impact on a property listed on the Virginia Historic Landmarks Register.

b.

Types of screening permitted. Screening shall consist of a planting strip, existing vegetation, a slightly opaque wall or fence, or a combination thereof, to the reasonable satisfaction of the agent.

c.

Minimum sizes of plant materials. Evergreen trees shall be a minimum four feet in height when planted. Shrubs shall be a minimum 18 inches in height when planted. All trees to be planted shall meet the specifications of the American Association of Nurserymen.

d.

Minimum depth and spacing requirements for a planting strip or existing vegetation. If only a planting strip or existing vegetation is provided as screening, the planting strip or the existing vegetation shall not be less than 20 feet in depth. If a planting strip is provided, the plant materials shall consist of a double staggered row of evergreen trees planted 15 feet on center, or a double staggered row of evergreen shrubs planted ten feet on center, or an alternative vegetative screening approved by the agent.

e.

Minimum height of fence or wall; supplemental plant materials. Each fence or wall provided as screening shall be a minimum of six feet in height and the agent may require plantings at intervals along the fence or wall.

(§ 32.7.9.7, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.9.5, 12-10-80; 7-10-85 (§§ 32.8.3.1, 32.8.3.2, 7-10-85); 6-20-90) (§ 32.7.9.7, 7-10-85 (§§ 32.8.5.1, 32.8.5.1.a, 32.8.5.1.b, 32.8.5.1.c, 7-10-85); 5-1-87) (§ 32.7.9.8, 7-10-85 (§§ 32.8.6.1, 32.8.6.2, 32.8.6.3.a, 32.8.6.3.b, 32.8.6.3.c.5, 32.8.6.3.d, 32.8.6.3.f, 7-10-85); 5-1-87))

State Law reference— Va. Code §§ 15.2-2241(3), 15.2-2280, 15.2-2286(A)(6).

The tree canopy required to be established and maintained is subject to the following:

a.

Minimum tree canopy. Each site shall have a tree canopy covering the minimum percentage of the site as follows:

1.

Commercial or industrial uses. If the site is to be developed for commercial or industrial uses, the minimum tree canopy is ten percent.

2.

Residential uses, density of 20 dwelling units per acre or more. If the site is to be developed for residential uses at a gross density of 20 dwelling units per acre or more, the minimum tree canopy is ten percent.

3.

Residential uses, density of between 10 and 20 dwelling units per acre. If the site is to be developed for residential uses at a gross density of more than ten but less than 20 dwelling units per acre or more, the minimum tree canopy is 15 percent.

4.

Residential uses, density of 10 dwelling units per acre or less. If the site is to be developed for residential uses at a gross density of ten dwelling units per acre or less, the minimum tree canopy is 20 percent.

b.

Composition of tree canopy. The tree canopy required by subsection (a) shall be composed of all areas of the site that would be covered by trees and other plant materials exceeding five feet in height at a maturity of ten years after planting. The trees and plant materials composing the tree canopy are those required to be planted under sections 32.7.9.5, 32.7.9.6 and 32.7.9.7, the existing trees preserved under section 32.7.9.4(b), and all additional trees selected from a recommended species list approved by the agent that are planted in order to satisfy the minimum tree canopy coverage required by subsection (a).

c.

Calculating the area of the site. For the purposes of calculating the area of the site to determine the minimum tree canopy coverage under subsection (a), the area of the site shall be its gross acreage less, at the option of the developer, one or more of the following on the site:

1.

Farm land or other areas devoid of wooded areas on June 20, 1990.

2.

Recreation areas required under section 4.16.

3.

Open space areas required under section 4.7.

4.

Land dedicated to public use.

5.

Playing fields and recreation areas provided at schools, child day centers, and other similar uses.

6.

Ponds or lakes determined by the agent to be a desirable open space amenity.

7.

Areas required to preserve wetlands, flood plain or other areas required to be maintained in a natural state by this chapter or other applicable law.

8.

Other areas approved by the agent under section 32.3.5.

d.

Deductions cumulative. The deductions allowed by subsection (c) are cumulative but shall not be duplicative.

e.

Canopy bonus. Where existing trees are maintained, the agent shall grant a canopy bonus as follows:

1.

The area of canopy coverage shall be calculated at a maturity of 20 years after planting; and

2.

The area calculated in subsection (e)(1) shall be multiplied by a factor of 1.25.

(§ 32.7.9.8, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.9.5, 12-10-80; 7-10-85 (§§ 32.8.3.1, 32.8.3.2, 7-10-85); 6-20-90) (§ 32.7.9.9, 6-20-90); Ord. 19-18(3), 6-5-19)

State Law reference— Va. Code §§ 15.2-2241(3), 15.2-2280, 15.2-2286(A)(6).

All landscaping and screening required by section 32.7.9 shall be installed and maintained as follows:

a.

Timing of installation. All landscaping shall be installed by the first planting season following the issuance of the first certificate of occupancy within the development, or a phase thereof.

b.

Method of installation. All trees shall be planted in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nurserymen's Association, the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation. Planting islands shall contain a minimum of 50 square feet per tree, with a minimum dimension of five feet in order to protect the landscaping and allow for proper growth. Wheel stops, curbing or other barriers shall be provided to prevent damage to landscaping by vehicles. Where necessary, trees shall be welled or otherwise protected against change of grade. All pervious areas of the site shall be permanently protected from soil erosion with grass or other ground cover or mulch material.

c.

Maintaining and replacing landscaping and screening. All landscaping and screening shall be maintained in a healthy condition by the current owner or a property owners' association, and replaced when necessary. Replacement material shall comply with the approved landscape plan.

d.

Maintaining trees if site not under single ownership. In the case of development with units for sale, the trees shall be maintained by a property owner's association. Prior to final site plan approval, the developer shall submit to the agent an instrument assuring the perpetual maintenance of the trees. The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so that it may be recorded in the office of the clerk of the circuit court of the county. The agent may require that the instrument be on a form prepared by the county attorney.

e.

Maintaining street trees planted within a public street right-of-way. If street trees are planted within the public street right-of-way, the trees shall be maintained in accordance with the requirements of the Virginia Department of Transportation.

(§ 32.7.9.9, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.7.9.2, 7-10-85 (§§ 32.8.2.5, 32.8.2.6, 32.8.2.7, 7-10-85); 5-1-87) (§ 32.7.9.5, 12-10-80; 7-10-85 (§§ 32.8.3.1, 32.8.3.2, 7-10-85); 6-20-90) (§ 32.7.9.6, 7-10-85 (§§ 32.8.4.1, 32.8.4.2, 32.8.4.3, 32.8.4.4, 7-10-85); 5-1-87))

State Law reference— Va. Code §§ 15.2-2241(3), 15.2-2280, 15.2-2286(A)(6).

Except as provided in section 32.8.2, all on-site improvements required by section 32.7 shall be completed prior to issuance of a certificate of occupancy. Prior to issuance of the certificate of occupancy:

a.

Certification regarding all completed improvements. The developer shall submit to the agent a certificate of completion of all of the improvements prepared by a professional engineer or a land surveyor, to the limits of his license; and

b.

Certification of payment. The developer shall certify to the agent that all of the construction costs for the improvements, including those for materials and labor, have been paid to the person constructing the improvements.

(§ 32.8.1, Ord. 12-18(6 ), 10-3-12, effective 1-1-13; Ord. 13-18(7), 12-4-13, effective 1-1-14)

State Law reference— Va. Code §§ 15.2-2241(5), 15.2-2241(9), 15.2-2255.

Any developer who does not complete all required improvements as provided in section 32.8.1 must, prior to approval of a final site plan, enter into an agreement with the county to complete the construction and installation of all improvements required by section 32.7 within a period of time agreed to by the parties, and must provide a surety to guarantee the completion of the improvements, as follows:

a.

Form of the agreement. The agreement accompanying the surety must be on a form prepared by the county attorney and any proposed amendment to the agreement is subject to review and approval by the county attorney.

b.

Type of surety permitted and amount. The developer must furnish to the agent a certified check, official check, bond with surety, letter of credit, or collaterally assign funds in a manner satisfactory to the county attorney (collectively, the "surety instrument"), in an amount sufficient for and conditioned upon the completion of the construction and installation of the improvements, as determined under subsection (b). Any proposed surety instrument is subject to review and approval as to form and substance by the county engineer and the county attorney.

c.

Estimate. The developer must submit a request for an estimate of the surety amount to the county engineer. The county engineer will prepare a cost estimate of all improvements, based upon unit prices for new public or private sector construction in the county, and a reasonable allowance for estimated administrative costs, including inspection fees provided in County Code Chapter 1, Article 5, inflation, and potential damage to existing streets or utilities, which may not exceed ten percent of the estimated construction costs.

d.

Use of surety. The county may make use of monies guaranteed by the surety instrument if either: (i) the developer fails to timely renew the bond with surety, letter of credit, or the collaterally assigned funds; or (ii) the county engineer, in his discretion, determines that any of the improvements have not been completed in a timely manner and the completion of the improvements is deemed necessary to protect the public health, safety or general welfare. The county's use of the monies guaranteed by the surety instrument will not terminate the agreement accompanying the surety instrument.

(§ 32.8.2, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.3.7, 5-1-87; § 32.5.2, 12-10-80); Ord. 23-18(3), 12-6-23; Ord. 24-A(1), 1-10-24, effective 7-1-24)

State Law reference— Va. Code §§ 15.2-2241(5), 15.2-2241(9), 15.2-2255.

Any surety provided under section 32.8.2 shall be released as follows:

a.

Partial releases, generally. Upon written request by the developer, the agent shall make periodic partial releases of the surety as provided in Virginia Code § 15.2-2245.

b.

Request for partial or final release; response. Within 30 days after receipt of a written notice by the developer of completion of part or all of any improvements required to be constructed by this chapter, the agent shall respond in writing to the developer in one of the following ways: (i) grant the partial or final release, if the applicable state agency, county department, or any applicable authority or other entity has accepted the improvements; or (ii) inform the developer that the improvement has not been accepted by the applicable state agency, county department, authority or other entity and/or identify any specified defects or deficiencies in construction and suggested corrective measures.

c.

Failure to respond to request. If the agent fails to take action within the 30-day period provided in subsection (b), the request of the developer shall be deemed approved and a partial release shall be granted to the developer. No final release shall be granted until after expiration of the 30-day period and there is an additional request in writing sent by certified mail by the developer to the county executive. The agent shall act within ten working days after receipt of the request by the county executive. If he fails to timely act, the request shall be deemed approved and final release shall be granted to the developer.

d.

Final release. Upon final completion and acceptance or approval of the improvements and upon receipt from the developer of a certification of final completion from a professional engineer, land surveyor, or the county engineer, the agent shall release any remaining surety to the developer. A public improvement shall be deemed to be accepted when it is accepted by and taken over for operation and maintenance by the county, an authority, or a state agency or department responsible for maintaining and operating the improvement. A private improvement shall be deemed to be approved when the agent determines that the improvements are completed.

(§ 32.8.4, Ord. 12-18(6), 10-3-12, effective 1-1-13)

State Law reference— Va. Code §§ 15.2-2241(9), 15.2-2245, 15.2-2255.

Nothing in this chapter, including the approval of a final site plan, shall obligate the county, any authority, any state agency or department, or any other public body to accept and take over for operation and maintenance any improvements completed by a developer required by this chapter. Acceptance or approval of an improvement shall be made only if the improvement satisfies all applicable statutes, regulations, ordinances, guidelines and design and construction standards for acceptance or approval of the improvement, upon completion of inspections as provided in section 32.8.5.

(§ 32.8.5, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.3.6, 5-1-87; § 32.5.23, 12-10-80))

State Law reference— Va. Code § 15.2-2255.

Improvements required by section 32.7 shall be inspected as follows:

a.

Application deemed consent. The submittal of an initial site plan by a developer shall constitute consent given by the developer to all officers and employees of the county, the Albemarle County Service Authority, the Virginia Department of Transportation, the Virginia Department of Health, and any other authority, and any state department or agency, responsible for permitting, approving and/or accepting any improvement required by section 32.7, to enter upon the site at all reasonable times for the purpose of making periodic inspections related to the review of the initial or final site plan for compliance with this chapter and to the completion of all improvements required by section 32.7. The deemed consent shall expire when all improvements required by section 32.7 are completed, permitted, approved, or accepted as the case may be, and all surety is finally released as provided in section 32.8.3(d).

b.

Notice prior to request for inspection. Each developer shall notify the zoning administrator when each stage of the development is ready for inspection.

c.

Scope of inspections. Any inspection of improvements required by section 32.7 shall be conducted solely to determine compliance with the requirements and specifications provided by law and the approved design plan.

(§ 32.8.6, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.3.4, 5-1-87; § 32.6.4, 12-10-80))

State Law reference— Va. Code § 15.2-2255.

Following the completion of the engineering studies in accordance with Virginia Code § 15.2-2243.1(A) and the determination by the Virginia Department of Conservation and Recreation that the developer's plan of development would change the spillway design flood standards of the impounding structure, before any development within a dam break inundation zone:

a.

Payment for portion of necessary upgrades. The developer must pay 50 percent of the contract-ready costs for necessary upgrades to an impounding structure attributable to the development, together with an administrative fee as provided in County Code Chapter 1, Article 5. Any payments must be made to the Dam Safety, Flood Prevention and Protection Assistance Fund held by the Virginia Resources Authority pursuant to Virginia Code § 10.1-603.19:1. "Necessary upgrades" do not include costs associated with routine operation, maintenance, and repair, nor do they include repairs or upgrades to the impounding structure not made necessary by the proposed development; or

b.

Redesign the development. The developer must amend the site plan so that it does not alter the spillway design flood standards required of the impounding structure.

(§ 32.8.7, Ord. 12-18(6), 10-3-12, effective 1-1-13 (§ 32.3.5, 5-1-87; § 32.5.1, 12-10-80); Ord. 23-18(3), 12-6-23; Ord. 24-A(1), 1-10-24, effective 7-1-24)

State Law reference— Va. Code §§ 10.1-606.3, 15.2-2243.1.