This article shall be administered by the zoning administrator in accordance with the provisions herein. The zoning administrator shall be hired by and shall serve at the pleasure of the county administrator.

(Ord. of 5-18-10)

1002.01. Powers and duties relating to zoning. The zoning administrator is authorized and empowered on behalf of and in the name of the county to administer and enforce the provisions set forth herein to include receiving applications, inspecting premises, issuing zoning permits for uses and structures which are in conformance with the provisions of this article. The zoning administrator shall have all necessary authority on behalf of the county to administer and enforce this article, including the ordering in writing of the remedying of any condition found in violation of this article, and the bringing of legal action, including injunction, abatement, or the appropriate action proceeding, to insure compliance with this article. The zoning administrator may, as necessary, solicit the assistance of other local and state officials and agencies to assist with the enforcement of the Zoning and Subdivision Ordinance. The zoning administrator does not have the authority to take final action on applications, nor matters involving variances not on special exceptions, on which final action is reserved to the board of supervisors or the board of appeals.

1002.02. Powers and duties relating to subdivision regulation. The zoning administrator is authorized and empowered to act as the agent of the board of supervisors and commission in dealing with subdivision procedures and shall have the following duties and responsibilities:

1.

Establish such administrative rules and procedures as are necessary to the proper administration of subdivision procedures;

2.

Consult, as required in the performance of duties specified herein, with other departments or agencies of the county in considering details of any submitted plat;

3.

Waive procedural and design requirements, if appropriate, provided land subdivided is along a publicly dedicated and approved street accepted for maintenance by the resident engineer and where no new streets, water or sewer lines are involved;

4.

Verify that any conditions or stipulations made by the commission in the preliminary review are performed; and upon the satisfactory completion of such conditions and other requirements of the final plat as specified in Section 1204 herein, approve the final plat.

1002.03. Penalties.

Any violation of any provision of the Zoning and Subdivision Ordinance of Amherst County, Virginia shall be a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). Each day a violation exists shall constitute a separate offense.

1002.04. Civil penalties.

a.

Violation of the Zoning and Subdivision Ordinance of Amherst County, Virginia shall be deemed an infraction and shall be punishable by a civil penalty of one hundred dollars ($100.00).

b.

Each day during which any violation of the provisions scheduled above is found to have existed shall constitute a separate offense. However, in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any ten-day period, nor shall any such violation arising from the same set of operative facts result in civil penalties which exceed a total of three thousand dollars ($3,000.00).

c.

The designation of a particular violation of this ordinance as an infraction under this section shall preclude the prosecution of such as a criminal misdemeanor, except for any violation resulting in injury to any person or persons, which may be so prosecuted as well.

d.

The zoning administrator shall notify by summons a person committing or suffering the existence of an infraction by certified, return receipt requested mail, of the infraction. The Amherst County Sheriff's Office may also deliver the summons. The summons shall contain the following information:

1.

The name and address of the person charged.

2.

The nature of the infraction and the ordinance provision(s) being violated.

3.

The location, date, and time that the infraction occurred, or was observed.

4.

The amount of the civil penalty assessed for the infraction.

5.

The manner, location, and time that the civil penalty may be paid to the county

6.

The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial.

e.

The summons shall provide that any person summoned for a violation may, within fourteen (14) days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the Amherst County Treasurer's Office at least seventy-two (72) hours prior, to the time and date fixed for trial and by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged. Such summons shall inform the persons summoned of their right to stand trial for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose.

f.

If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the county shall cause the Sheriff of Amherst County to serve the summons on the person charged in the manner prescribed by law. The violation shall be tried in general district court in the same manner and with the same right of appeal as provided for in title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this section, it shall be the burden of the county to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

g.

The remedies provided for in this section are cumulative, and are not exclusive, and except as provided above, shall be in addition to any other remedies provided by law.

h.

The provisions of this section shall supplement the provisions of this ordinance dealing with the board of zoning appeals. Use of these provisions shall stay any proceeding under this section.

(Ord. of 6-15-04(8); Ord. of 12-19-06(1); Ord. of 5-18-10)

Zoning permits shall be issued in accordance with the following provisions and procedures:

1003.01. Issuance and display. The zoning administrator shall issue a zoning permit, in conjunction with a building permit, if necessary, for any permitted use or structural alteration, provided such proposed use of land or structure, or structural alteration, is in conformance with the provisions set forth herein. The zoning permit shall indicate whether the use is a permitted use, a special exception, or a variance and shall be conspicuously posted and displayed on the premises during the period of construction or reconstruction. A zoning permit must be obtained from the zoning administrator prior to the issuance of a building permit by the building inspector. The zoning administrator shall establish the form of the permit application, and may modify that as necessary. Any application submitted by a person other than the property owner of record shall include documentation satisfactory to the zoning administrator demonstrating the applicant's control of the real property proposed to be subject to the permit.

1003.02. Application procedures for permitted uses. Applications for a zoning permit shall be submitted to the zoning administrator according to the following provisions:

1.

An application for a zoning permit for a permitted use shall be accompanied by site plan documentation as required under Article XI herein.

2.

If the proposed documentation is in conformity with the provisions set forth herein, and other appropriate codes and regulations of the county then in effect, the zoning administrator shall sign and return one (1) copy of the site plan to the applicant and shall issue a zoning permit. The zoning administrator shall retain the application and one (1) copy of the site plan for his records.

3.

If the application and site plan submitted describes work which does not conform to the requirements set forth herein, the zoning administrator shall not issue a zoning permit, but shall sign and return one (1) copy of the site plan to the applicant along with a signed refusal in writing. Such refusal shall state the reasons for refusal and shall cite the portions of this ordinance with which the submitted site plan does not comply. The zoning administrator shall retain one (1) copy of the site plan and one (1) copy of the refusal.

1003.03. Application procedures for special exception. Applications for a zoning permit for a special exception shall be submitted to the zoning administrator, who shall refer the application to board of supervisors for a public hearing. Applications for zoning permits for special exceptions must be submitted in accordance with the following procedures:

1.

An application shall be accompanied by site plan documentation as required under Article XI hereunder.

2.

The application shall be sent to the commission and the board of supervisors following the commission's recommendation. The commission shall have one hundred (100) days within which to review and submit a recommendation to the board of supervisors, except that the commission shall, within ninety (90) calendar days of the date the application is filed with the zoning administrator, complete its review of, and submit to the board of supervisors its recommendation regarding, any application filed by or on behalf of a religious assembly or religious institution for a special exception permit for one (1) or more off-site directional signs subject to the requirements contained in Sections 907.02 and 907.04 of the sign ordinance. The commission shall hold a public hearing on the application for a special exception in accordance with Section 15.2-2204 of the Code of Virginia, 1950, as amended. If the commission fails to submit a report within the applicable one hundred-day or ninety-day period, it shall be deemed to have approved the proposed special exception.

3.

The board of supervisors shall consider the proposed special exception after notice and public hearing in accordance with Section 15.2-2204 of the Code of Virginia, 1950, as amended, and shall take action on the proposed special exception within twelve (12) months from the date of the public hearing, except that the board of supervisors shall, within ninety (90) days of the date the commission's recommendation is filed with the board of supervisors, take action on any application filed by or on behalf of a religious assembly or religious institution for a special exception permit for one (1) or more off-site directional signs subject to the requirements contained in Sections 907.02 and 907.04 of the sign ordinance.

4.

An applicant may request the postponement of a public hearing until the zoning administrator has ordered advertisement of the public hearing. Once the public hearing has been advertised, the applicant may only withdrawal the application and shall remain responsible for the costs of advertisement.

5.

In addition to the specific requirements for special exceptions as specified in this article, the board of supervisors shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

a.

Will be harmonious with and in accordance with the general objectives, or with any specific objective of the county's comprehensive plan and/or this article;

b.

Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

c.

Will not be hazardous or disturbing to existing or future neighboring uses;

d.

If applicable, will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structure, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

e.

Will not create excessive additional requirements at public costs for public facilities and services and will not be detrimental to the economic welfare of the community;

f.

Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors, or water pollution;

g.

If applicable, will have vehicular approaches to the property which shall be so designed as not to create any interference with traffic on surrounding public streets or roads; and

h.

Will not result in the destruction, loss or damage of a natural scenic or historic feature of major importance.

6.

This section and Article XI of the zoning ordinance establish the minimum conditions for approval of a proposed special exception. In approving a proposed special exception, the board of supervisors may stipulate such additional requirements as are necessary to the public interest. The board of supervisors may require the applicant to furnish a performance bond in an amount sufficient for, and conditional upon, the fulfilling of any and all conditions and requirements stipulated by the respective board.

7.

If the board of supervisors approves the application for a zoning permit for a proposed special exception, the zoning administrator shall issue a zoning permit in accordance with paragraph 1003.02 herein, indicating the special nature of the use.

8.

If the board of supervisors disapproves the application for a zoning permit for a proposed special exception, the board of supervisors shall inform the applicant of the decision in writing within sixty (60) days from the date of the public hearing, stating the reasons for disapproval, except that any such disapproval of an application for a zoning permit for a proposed special exception for one (1) or more off-site directional signs filed by or on behalf of a religious assembly or religious institution shall be communicated to the applicant no later than twenty (20) days after the date of the public hearing held to consider such application. The zoning administrator shall retain one (1) copy of the site plan and two (2) copies of the refusal, and keep them as a public record.

9.

A property owner, or his appointed agent, shall not initiate action for zoning permit relating to the same special exception affecting the same parcel of land more often than once every twelve (12) months.

10.

Prior to an expansion of an approved special exception, the owner, or his agent, must submit an application for an amended zoning permit for a special exception, in accordance with the special exception provisions herein, whenever the cumulative expansion, or expansions, exceeds twenty-five (25) percent in the aggregate of floor area of the structure, or use, originally approved for the current special exception.

11.

Scope of approval.

a.

Unless otherwise specified by the conditions of the permit, failure to establish the special use authorized by the permit within two (2) years from the date of approval by the board of supervisors shall cause the permit to terminate and to become void.

b.

The provisions of this section 1003.03 are cumulative with the power of injunction and other remedies afforded by law to the county and, further, shall not be so interpreted as to vest in any applicant any rights inconsistent or in conflict with the power of the county to rezone the subject property or to exercise any other power provided by law.

12.

Revocation of special exception permits.

a.

The board of supervisors may, by resolution, initiate a revocation of a special exception permit. When initiated, the revocation process shall be handled as would a new application for a special exception permit to include the holding of respective public hearings by both the planning commission and board of supervisors as provided for in Section 15.2-2204 of the Code of Virginia, 1950, as amended.

b.

After review by the zoning administrator and consideration and recommendation by the planning commission, the governing body shall act on the proposal to revoke the special exception permit. Grounds for revocation shall include, but are not limited to, the following:

(i)

A change in conditions affecting the public health, safety and welfare since the adoption of the special exception permit; or

(ii)

Repeated violations of this article, including any conditions attached to the special exception permit, by the owner/operator of the use; or

(iii)

Fraudulent, false or misleading information or an error or mistake in fact supplied by the applicant (or his agent) for the special exception permit.

1003.04. Expiration. Any zoning permit shall automatically expire twelve (12) months from the date of issuance if the persons, firm, or corporation to which the permit was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued for a period of twelve (12) months.

1003.05. Certificate of zoning compliance. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the zoning administrator, or his appointed agent, stating that the proposed use of the building or land conforms to the requirements of this ordinance in accordance with the approved zoning permit or variance. A certificate of use or occupancy, as required in Section 119.0 of the county building code, shall not be issued by the building inspector until a certificate of zoning compliance has been issued. For convenience and at the discretion of both the zoning administrator and the building inspector, the certificate of zoning compliance and certificate of use or occupancy may be combined as one (1) certificate.

1003.06. Delinquent charges. Applications for a special exception permit, variance, rezoning, or land disturbing permit, including erosion and sediment control permits, shall be considered incomplete if any of the following charges associated with the subject property are unpaid:

1.

Real estate taxes.

2.

Personal property taxes.

3.

Business taxes.

(Ord. of 1-17-06(2); Ord. of 12-19-06(2); Ord. of 5-19-09; Ord. of 12-21-10, § 3; Ord. No. 2014-0006, § 1, 5-20-14; Ord. No. 2015-0011, § 2, 11-17-15; Ord. No. 2022-0002, § 1, 3-15-22; Ord. No. 2023-7, 8-15-23)

The board of supervisors may, from time to time, after examination, review and public hearing thereon, amend, supplement or change the provisions herein or subsequently established. Proposals for zoning amendments, whether initiated by the board of supervisors, the commission, or by written petition of the owner, contract purchasers with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, shall be treated in accordance with the following procedure:

1004.01. An application must be submitted in writing to the zoning administrator and must be accompanied by two (2) copies of an acceptable site plan, where applicable, of the proposed amendment in accordance with Article XI herein and with such other reasonable information shown thereon as shall be required by the zoning administrator. The zoning administrator shall submit said application to the commission and the board of supervisors.

1004.02. The commission shall consider the proposed amendment after notice and public hearing in accordance with Section 15.2-2204 of the Code of Virginia, 1950, as amended. The commission shall present its recommendations to the board of supervisors. If the commission fails to submit its recommendation to the board of supervisors within one hundred (100) days of the first meeting of the commission after the proposed amendment has been referred to it, the commission shall be deemed to have approved the proposed amendment.

1004.03. The board of supervisors shall consider the proposed amendment after notice and public hearing in accordance with Section 15.2-2204 of the Code of Virginia, 1950, as amended, and shall take action on the proposed amendment within twelve (12) months from the date of the public hearing.

1004.04. Any petition for a zoning amendment may be withdrawn prior to action thereon by the board of supervisors at the discretion of the person, firm, or corporation initiating such a request, upon written notice to the zoning administrator. Any petition applicant may request a postponement of a public hearing until the zoning administrator has ordered advertisement of the public hearing. Once the public hearing has been advertised, the applicant may only withdrawal the petition and shall remain responsible for the costs of advertisement.

1004.05. A property owner, or his appointed agent, shall not initiate action for a zoning amendment affecting the same parcel of land more often than once every twelve (12) months.

(Ord. of 5-19-09; Ord. No. 2023-7, 8-15-23)

1005.01. Purpose of conditional zoning. The purpose of conditional zoning is to provide a method for permitting the reasonable and orderly development and use of land in those situations in which peculiar, specific circumstances indicate that the provisions herein are not adequate. In these cases more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change. In such instances reasonable conditions voluntarily proffered by the owner of the subject property to which such conditions are applicable for the protection of the community (which conditions are not generally applicable to other land similarly zoned) when considered with existing zoning ordinance district regulations should cause the requested rezoning to be compatible with existing zoning and uses in the area.

1005.02. Approval of conditions as part of an amendment to the zoning map. The owner of the property which is the subject of a request of a zoning amendment under Section 1004 herein shall, if he elects to obtain conditional zoning, voluntarily proffer in writing such conditions as he deems appropriate at the time of filing an application to rezone the property or by such later date as the commission shall establish, but in any event before the commission make its recommendation to the board of supervisors. The written conditions shall be part of the site plan of the property required under Article XI herein.

In the event that additions thereto or modifications thereof are desired by the owner of the property which is the subject of the proposed zoning amendment, the same shall be made in writing no less than twenty-one (21) days prior to the time at which the commission makes recommendation to the board of supervisors unless the commission:

1.

Specifically waives such time period; or

2.

Specifically establishes such greater or lesser time period as it deems reasonable.

The board of supervisors may consider additional proffers, deletions, and/or amendments to all such conditions provided same have been voluntarily proffered in writing by the owner of the property which is the subject of the proposed zoning amendment prior to advertising the public hearing at which the board of supervisors renders its decision thereon.

If the conditional zoning is approved the applicant must apply for a zoning permit as required under Section 1003 herein. The application for a zoning permit may be submitted concurrently with the conditional zoning application.

1005.03. Permitted conditions as part of an amendment to the zoning map. The board of supervisors may approve reasonable conditions to a zoning amendment provided that the following criteria are met:

1.

The zoning amendment itself must give rise to the need for the conditions;

2.

Such conditions shall have a reasonable relation to the zoning amendment;

3.

Such conditions shall not include a cash contribution to the county;

4.

Such conditions shall not require mandatory dedication of real or personal property for open space, parks, schools, fire stations, or other public facilities not otherwise authorized by law;

5.

Such condition shall not include payment for or construction of off-site improvements except those sewerage or drainage facilities otherwise authorized by law;

6.

No condition shall be proffered that is not related to the physical development or physical operation of the property;

7.

All such conditions shall be in conformity with the county's comprehensive plan; and

8.

The provisions of this article shall not be used for the purpose of discrimination in housing.

1005.04. Records of conditional zoning.

1.

The zoning map shall show by an appropriate symbol the existence of conditions attached to the zoning.

2.

The zoning administrator shall maintain a conditional zoning index which shall be available in the office of the zoning administrator for public inspection during regular office hours. The index shall provide ready access to the action taken by the board of supervisors creating such conditions in accordance with the provisions herein and shall clearly list all conditions applicable to each.

3.

Before any permits can be issued to begin construction or for the occupancy of an existing structure, the applicant shall file and record in the office of the clerk of the circuit court of the county the conditions approved by the board of supervisors.

These conditions shall be indexed under the names of the landowners of the property being conditionally zoned. The applicant shall submit a notarized letter to the zoning administrator and the building inspector certifying that the conditions have been recorded with the clerk of the circuit court.

1005.05. Enforcement and guarantees. In order to insure the intent and purpose of conditional zoning approved in accordance with the provisions herein, the zoning administrator shall be vested with all necessary authority on behalf of the board of supervisors to administer and enforce conditions attached to an amendment to the zoning map including:

1.

Ordering, in writing, compliance with such conditions;

2.

Bringing of appropriate legal action or proceeding to insure compliance;

3.

Requiring a guarantee or contract or both for construction of physical improvements approved as condition(s) of the zoning amendment;

4.

Denial of a zoning permit prior to the issuance of any occupancy of building permit; and

5.

Making an annual compliance report to the commission and board of supervisors on the anniversary of such approval certifying compliance with such conditions.

1005.06. Review of decision(s) by the zoning administrator. Any applicant who is aggrieved by a decision or action of the zoning administrator under Section 1005.05. herein regarding enforcement or guarantees as provided for in said section above may petition the board of supervisors for review of such decision(s). Such petition shall be filed with the zoning administrator who shall forward the petition and the justification for the decision(s) to the board of supervisors and to the aggrieved person no less than ten (10) days prior to the next regularly scheduled meeting of the board of supervisors. Written notice of such meeting shall be given to all parties as required by Section 15.2-2204 of the Code of Virginia, 1950, as amended.

1005.07. Amendments and variations of conditions:

1.

All amendments and/or variations of adopted conditions shall be made in accordance with provisions of Section 1004 herein and other applicable law.

2.

After the board of supervisors has taken official action either granting, denying, or permitting withdrawal of a petition for any change in zoning involving zoning conditions, or any change of zoning conditions, no other petitions for substantially the same change(s) shall again be considered in less than twelve (12) months from the date of such official action.

(a)

Upon written request and the payment of a fee of fifty dollars ($50.00), the zoning administrator shall issue a zoning verification letter indicating the zoning designation of a particular parcel or parcels of land as shown on the official zoning map or interpreting the boundary between two (2) zoning districts as it relates to particular parcels.

(b)

The zoning administrator shall develop forms on which to submit requests for zoning verifications and boundary line determinations. A zoning verification or boundary line determination applies only to the facts and law in existence as of the date of the verification or determination, is not a written order, requirement, decision, or determination regarding the permissibility of a specific use or density, and confers no vested right.

(c)

A zoning verification letter or boundary line determination is appealable to the board of zoning appeals as set forth in Section 1008.02.

(Ord. No. 2018-0006, § 1, 3-19-19)

(a)

When specifically provided in any section of this Appendix A to the Amherst County Code, the zoning administrator may grant a modification to such provision(s) with respect to the physical requirements on a lot or parcel of land, including but not limited to size, height, location, or features of or related to any building, structure, or improvements, if the administrator finds in writing that:

(1)

The strict application of the section would produce undue hardship;

(2)

Such hardship is not shared generally by other properties in the same zoning district and vicinity; and

(3)

The modification will not be of substantial detriment to adjacent properties and the character of the zoning district will not be changed by the granting of the modification.

(b)

Prior to granting the modification, the zoning administrator shall give all adjoining property owners, defined as all those whose properties abut the property subject to the modification or are across a road, railroad, or other right-of-way from it, written notice of the request for the modification by First-Class U.S. Mail, postage prepaid, and an opportunity to respond to the request within twenty-one (21) days of the date of such notice.

(c)

Within ninety (90) days from the initial filing of the request, the zoning administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to subsection (b). The decision shall be appealable to the board of zoning appeals as set forth in Section 1008.02.

(d)

The fee for an administrative variance shall be fifty dollars ($50.00), payable upon application, and the actual cost of mailing notice to adjacent landowners. The zoning administrator shall develop forms on which to submit requests for modifications, notification of adjoining landowners, and final decisions.

(Ord. No. 2018-0006, § 1, 3-19-19)

Request for a hearing before the board of appeals for a variance or an interpretation of the zoning district map shall observe the following procedure:

1006.01. Applications for variances may be made by any property owner, tenant, government official, department, board or bureau. Applications for a variance, or an interpretation of the zoning district map, as provided for under Section 1402 herein, shall be submitted in writing to the zoning administrator and shall be accompanied by two (2) copies of an acceptable site plan, where applicable, of the proposed request in accordance with Article XI herein and with such other reasonable information shown thereon as shall be required by the zoning administrator. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board of appeals, who shall place the matter on the docket to be acted upon by the board. The zoning administrator shall also transmit a copy of the application to the planning commission.

1006.02. The commission may consider the proposed request and may present its recommendations to the board of appeals, or appear as a party at the hearing.

1006.03. No variance shall be authorized except after notice and hearing as required by Section 15.2-2204 of the Code of Virginia, 1950, as amended. The board shall fix a reasonable time for the hearing of an application, give public notice thereof as well as due notice to the parties in interest and make its decision within ninety (90) days of the filing of the application. The concurring vote of a majority of the membership of the board shall be necessary to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variance from the ordinance.

1006.04. Any petition for a variance or interpretation of the zoning district map may be withdrawn prior to action hereon by the board of appeals at the discretion of the person, firm, or corporation initiating such a request, upon written notice to the zoning administrator.

1006.05. Substantially the same application will not be considered by the board of appeals within one (1) year.

1006.06. Each application for a variance or interpretation of the zoning district map shall be accompanied by payment of a fee in accordance with Section 1009 herein to help defray the cost of publicizing and conducting the public hearing.

(Ord. of 12-19-06(2))

Whenever the owner or proprietor of any tract of land located within the county desires to subdivide the same, he shall submit a plat of the proposed subdivision to the zoning administrator for processing.

1007.01. Pre-application review. Whenever the subdivision of a tract of land within the county is proposed, the subdivider is encouraged to consult with the zoning administrator for advice or assistance. The subdivider may submit sketch plans and data showing existing conditions within the site and in its vicinity and the proposed layout of the subdivision. The zoning administrator shall return the submitted sketch plans to the subdivider with written comments indicating where the plans do not comply with the requirements set forth herein. Submission of said sketch plans and accompanying data shall not constitute the official filing of a proposed subdivision.

1007.02. Preliminary plat review. Any person proposing a subdivision of land other than a family division or a reconfiguration, as provided for in Section 1207 herein, involving more than fifty (50) lots, shall submit to the zoning administrator five (5) copies of a preliminary plat showing the general design and layout of the subdivision, of which one (1) copy each shall be delivered by the zoning administrator or planning director to the resident engineer and if individual water or sewer facilities are proposed one (1) copy to the health department. One (1) copy each shall also be delivered to the sanitary district and the town, when applicable, as determined by the zoning administrator or planning director. The preliminary plat shall be reviewed in accordance with the procedures set forth in Articles XII and XIII herein. Prior to review by the planning commission the plat shall be reviewed by the development review committee at their regularly scheduled monthly meeting. Subdivisions specified in Section 1207.03 of this ordinance may be exempt from review by the planning commission and development review committee. A preliminary plat may be submitted for review for plats involving fifty (50) or fewer lots.

1007.03. Commission action on preliminary plat. Within sixty (60) days after submission of the preliminary plat and accompanying documents to the zoning administrator, the commission shall approve, approve with conditions, or disapprove the preliminary plat; the commission shall cause to have prepared two (2) copies of a statement noting reasons for commission disapproval or conditioned approval, if applicable, and shall return one (1) copy of statement and plat to the subdivider with notification in writing of the action of the commission. One (1) copy of said statement and preliminary plat shall be retained by the zoning administrator for comparison with future preliminary or final plats, where applicable, submitted by the subdivider.

1007.04. Final plat review for subdivisions involving preliminary plat. Within one (1) year of conditional approval or full approval of the preliminary plat, subject to extension by the commission, the subdivider shall submit to the zoning administrator five (5) copies of a final plat including all or any part of the area covered by the preliminary plat, of which one (1) copy shall be transmitted to the health department, if individual water and sewer facilities are proposed, and to the resident engineer. One (1) copy each shall also be delivered to the sanitary district and the town, when applicable, as determined by the zoning administrator. The final plat shall be reviewed in accordance with the procedures set forth in Articles XII and XIII herein. When the zoning administrator or planning director deter mines that a plat represents a reconfiguration or a family division, such plat shall be reviewed by the administrator or director in accordance with the requirements of Section 1207 herein.

1007.05. Final plat review for subdivisions not involving a preliminary plat. Any person proposing a subdivision of land other than a family division or a reconfiguration, as provided for in Section 1207 herein, not involving a preliminary plat shall submit to the zoning administrator five (5) copies of a final plat showing the final design and layout of the subdivision, of which one (1) copy each shall be delivered by the zoning administrator to the resident engineer. If individual water or sewer facilities are proposed, one (1) copy shall be delivered to the health department. One (1) copy each shall also be delivered to the Amherst County Service Authority and the town, when applicable, as determined by the zoning administrator. The final plat shall be reviewed in accordance with the procedures set forth in Articles XII and XIII herein. Prior to review by the planning commission, the plat shall be reviewed by the development review committee at their regularly scheduled monthly meeting. Subdivisions specified in Section 1207.03 herein may be exempt from review by the planning commission and development review committee. When the zoning administrator determines that a plat represents a reconfiguration or a family division, such plat shall be reviewed by the administrator in accordance with the requirements of Section 1207 herein.

1007.06. Commission action on final plat not involving a preliminary plat. Within sixty (60) days after submission of the final plat and accompanying documents to the zoning administrator, the commission may approve, approve with conditions, or disapprove the final plat. The commission shall have prepared two (2) copies of a statement noting its reasons for the disapproval or conditioned approval, if applicable, and shall return one (1) copy of the statement and plat to the subdivider with notification in writing of the commission's action. One (1) copy of the statement and final plat shall be retained by the zoning administrator for comparison with revision to the final plat submitted by the subdivider.

1007.07. Action on final plat. Upon satisfactory completion of all requirements set forth in this article and all other requirements specified by the commission in the preliminary review, the zoning administrator shall sign approval of the final plat.

1007.08. Recordation of plat after final plat approval. Within six (6) months following approval by the zoning administrator of the final plat, one (1) copy of the final plat shall be recorded by the subdivider in the office of the clerk of the circuit court and one (1) to six (6) copies shall be filed with the zoning administrator. The zoning administrator may, upon written request by the subdivider, grant an extension of this time limit; otherwise, he shall mark the plat null and void and return same to the subdivider. Approval of the final plat shall not constitute acceptance of any offers of dedication by the county or the resident engineer.

1007.09. Final plat submitted as preliminary plat. The final plat may be submitted as the preliminary plat, provided no change, erasure, or revision shall be made on the preliminary plat nor on any accompanying data sheets after the preliminary plat has been approved by the commission in accordance with the provisions herein, unless authorization for such changes has been granted by the zoning administrator.

1007.10. Request for site plan approval. Any development meeting the criteria in Section 1103 may be reviewed and be made subject to approval by the planning commission. Prior to review by the planning commission the site plan shall be reviewed by the development review committee at their regularly scheduled monthly meeting.

(Ord. of 5-19-09; Ord. No. 2015-0011, § 2, 11-17-15)

1008.01. Appeals on final subdivision plat decisions. If the zoning administrator disapproves a plat and the subdivider contends that such disapproval was not properly based on the provisions of this article, or was arbitrary or capricious, he may appeal to the circuit court. The circuit court shall hear and determine the case as soon as may be practical, provided that his appeal is filed with the circuit court within sixty (60) days of the written disapproval by the zoning administrator.

1008.02. Appeals on other decisions by the zoning administrator. Decisions of the zoning administrator relating to the administration or enforcement of the provisions herein are subject to an appeal to the board of zoning appeals by any person aggrieved or by any officer, department, board or bureau of the county affected by said decision or decisions.

1.

Any written notice of a zoning violation or a written order of the zoning administrator shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or written order within thirty (30) days in accordance with this section, and that the decision shall be final and un-appealable if not appealed within thirty (30) days. The appeal period shall not commence until the statement is given. The appeal shall be taken within thirty (30) days after the decision appealed from by filing with the zoning administrator, and with the board of appeals, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken.

2.

Each appeal shall be accompanied by payment of a fee in accordance with Section 1009 herein to help defray the cost of publicizing and conducting the public hearing.

3.

The board of appeals shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as due notice to the parties in interest and make its decision within ninety (90) days of the filing of the appeal. In exercising its powers the board may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the board of appeals shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator.

4.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of appeals that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

5.

In no event shall a written order, requirement, decision or determination made by the zoning administrator be subject to change, modification or reversal by any zoning administrator after sixty (60) days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or through fraud. The sixty-day limitation period shall not apply in any case where, with the concurrence of the county attorney, modification is required to correct clerical or other non-discretionary errors.

1008.03. Appeals on decisions by the board of supervisors. All decisions by the board of supervisors are subject to an appeal to the circuit court by any person, firm, corporation, or governmental agency aggrieved by said decision or decisions.

(Ord. of 12-19-06(2))

In order to cover costs incurred by the board of supervisors, the commission, the board of appeals and the zoning administrator incidental to the review, hearing and reporting of the processing applications for a zoning permit for a permitted use or a special exception, a zoning amendment, an administrative review, a variance, a site plan and subdivision plats, the following fees shall be required to accompany appropriate applications:

1009.01. Permitted use. An application for a zoning permit for a permitted use, except as provided in section 1009.03 herein, shall be accompanied by a fee in the amount of fifteen dollars ($15.00).

1009.02. Special exceptions, zoning amendments, administrative reviews and variances. Applications for special exceptions and zoning amendments for consideration by the board of supervisors and applications for administrative reviews, variances and other appropriate applications for considerations by the board of appeals shall be accompanied by a fee of three hundred dollars ($300.00), except that such applications filed by or on behalf of a religious assembly or religious institution shall be accompanied by a fee of one hundred dollars ($100.00).

1009.03. Site plans. An application for a zoning permit requiring site plan review shall be accompanied by a fee in the amount of two hundred dollars ($200.00) for a major site plan and by a fee in the amount of seventy-five dollars ($75.00) for a minor site plan.

1009.04. Subdivision plats. An application for subdivision plat review and approval shall be accompanied by a fee in accordance with the following schedule:

1.

Pre-application review: No fee.

2.

Preliminary plats: No fee.

3.

Final plats: One hundred dollars ($100.00) per application, plus fifteen dollars ($15.00) per lot.

(Ord. of 8-15-06(6); Ord. of 7-21-09(2); Ord. of 12-21-10, § 3; Ord. No. 2015-0011, § 2, 11-17-15)

Dedication of any right-of-way located within any subdivision which has constructed therein, or proposed to be constructed therein, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, water line or part of a public system, or other improvement, or phase thereof as approved on the final plat by the zoning administrator and/or other appropriate officials as required under Section 1204 herein, financed or to be financed in whole or in part by private funds, shall be accepted by the board of supervisors or resident engineer or with respect to privately maintained roads the home owners organization, only if the owner or the subdivider: (1) certifies to the zoning administrator that the construction costs have been paid to the person constructing such facilities; or (2) furnishes to the county a certified check in the amount of the estimated costs of construction or a bond, cash escrow, or other financial arrangement satisfactory to the board of supervisors, in an amount sufficient for and conditioned upon the construction of such facilities, or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and so conditioned. The bond, in an amount calculated by the county shall be based upon a two-year projection of cost from the date of starting construction of said improvements to insure that required improvements are completed in a workmanlike manner in accordance with specifications and construction schedules established by the county. The improvements shall be completed within two (2) years from date of starting construction and the bond shall guarantee such performance. The bond shall not be released until the construction has been inspected and approved by the zoning administrator and the resident engineer, where applicable.

1010.01. Within seven (7) days after notification by the owner that the construction is complete, the zoning administrator or his duly designated agent shall inspect the construction and notify the owner in writing of those items of construction which are not satisfactory, or that the construction is approved. The county may release fifty (50) percent of the bond upon notification by the owner that fifty (50) percent of the construction is complete, provided the owner certifies that all construction costs have been paid to persons constructing the facilities and the zoning administrator or his duly designated agent has inspected the facilities to insure that fifty (50) percent of the work is complete.

1010.02. The developer and the development principals thereof shall provide the county with a guarantee or warranty against defects in water and sewerage facilities for a period of one (1) year following acceptable by the county of the subdivision public improvements under county authority, unless said improvements were installed by the county.

1011.01. Definitions. As used in this section, unless the context requires a different meaning:

Decommission means the removal and proper disposal of solar energy equipment, facilities, or devices related to a utility-scale solar energy facility. The term includes the reasonable restoration of the real property, including (i) soil stabilization and (ii) revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices.

Solar energy equipment, facilities, or devices means any personal property designed and used primarily for the purpose of collecting, generating, or transferring electric energy from sunlight.

1011.02. Decommissioning plan. A site plan for a utility-scale solar generation facility shall include a detailed decommissioning plan that provides procedures and requirements for removal of all parts of the solar energy generation facility and its various structures at the end of the useful life of the facility or if it is deemed abandoned. The plan shall include the anticipated life of the facility, the estimated overall cost of decommissioning the facility in current dollars, the methodology for determining such estimate, and the manner in which the project will be decommissioned. The decommissioning plan and the estimated decommissioning cost will be updated upon the request of the zoning administrator or as provided in the agreement provided for in subsection 1011.03, provided that the update shall be at least be every five (5) years. The disposal of all panels and related equipment shall be taken to a facility that can accept the materials and shall meet all local, state and federal regulations. The owner shall work with County staff to ensure the decommissioned project is recycled through local, state, and federal best practices.

1011.03.Surety for decommissioning. As a condition of the approval of a site plan for a utility-scale solar generation facility, the owner, lessee, or developer of the project (the "responsible party") shall enter into a written project development agreement with the county, setting forth, at a minimum, that (i) if the facility ceases generating electricity for more than twelve (12) consecutive months, the responsible party will provide for its decommissioning; (ii) if the owner, lessee, or developer defaults in the obligation to decommission the facility, the county has the right to enter the real property without further need of consent of the owner to engage in decommissioning; and (iii) the responsible party provides financial assurance of such performance to the county in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee. The amount of the financial assurance shall be based upon an estimate by a professional engineer licensed in the Commonwealth, who is engaged by the responsible party, who has experience in preparing decommissioning estimates and is approved by the county. The estimate shall not exceed the total of the projected cost of decommissioning, which may include the net salvage value of such equipment, facilities, or devices, plus a reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer, and an annual inflation factor.

(Ord. No. 2020-0012, § 1, 10-6-20; Ord. No. 2024-1, § 1, 3-19-24)