- DEVELOPMENT SITE PLANS
Site plans, prepared and approved in accordance with the provisions of this article, shall be required to assist the city in ensuring that development proposals for properties within the city fully comply with all applicable requirements of this zoning ordinance and of other applicable laws, regulations and standards.
A.
General requirement. A preliminary and final site plan shall be required for any construction, use, change in use or other development in all zoning districts; provided, however, that no such plan shall be required for those instances listed in subsection (B). The directors of planning and development and permits shall consult with the installation commander of any military installation that will be affected by potential development within the city so as to reasonably protect the military installation against any adverse effects that might be caused by the development.
B.
Exceptions; requirements. A preliminary and final site plan shall not be required in the instances set out in subsection C. below. However, certain plans may be required by the director of development and permits, or designee, as necessary to ensure that applicable development criteria are met; or as part of a building permit application, as described in section 18-600 et seq. of this ordinance. A phase I environmental site assessment, prepared in compliance with the specifications in the Chesapeake Public Facilities Manual, shall be required for every proposed development that involves any land disturbance for residential, assembly, day care, group home, recreation, school, library, or similar use where exposure to contaminated soil or water would pose a threat to the public health, safety and welfare; provided that the director of development and permits, with the concurrence of the director of public works, may waive this requirement if the following conditions are satisfied:
a.
The applicant/owner submits documentation, in a form acceptable to the director of development and permits and director of public works, requesting to waive the phase I environmental site assessment and demonstrating that the proposed land disturbance does not pose a significant risk to the environment or the public health and safety; and
b.
The applicant/owner signs and submits documentation, in a form acceptable to the city attorney, assuming all risk and indemnifying and holding the city harmless for any actions or liability that result from such waiver.
Where deemed necessary, the director of public works or designee shall require a phase II environmental site assessment, as specified in the Chesapeake Public Facilities Manual. The phase I and phase II reports shall include recommendations to address any and all environmental conditions of the property, including without limitation, contaminated soil, surface water, or groundwater, that may be adverse to the public health, safety and welfare. In the event a phase I and/or phase II environmental site assessment has been previously submitted to the city for the same property, such environmental site assessment may suffice if updated in accordance with applicable standards in the Chesapeake Public Facilities Manual.
C.
Specific exemptions. The following developments are exempt from the requirement for a complete preliminary and final site plan.
1.
The construction or location of any single-family detached dwelling or two-family dwelling on an existing or platted lot not occupied by any other dwelling.
2.
Any accessory structure to a single-family or two-family dwelling.
3.
Any agricultural activity except as otherwise provided in this zoning ordinance.
4.
A change in or expansion of a use on an existing site other than a modification or expansion regulated by section 17-111, unless:
a.
The sale or storage of gasoline or hazardous materials is involved as part of the use; or
b.
The zoning administrator or designee determines that such change or expansion gives rise to the need for additional parking or off-street loading under the requirements of this zoning ordinance, in which case the provisions of section 19-402.B shall apply; or
c.
In the case of an expansion not regulated by section 17-111, the expansion exceeds twenty-five (25) percent of the gross floor area of the existing building or of the area occupied by the use; or
d.
The director of development and permits, or designee, requires additional ingress/egress, change in ingress/egress or additional public improvements because of the nature of the change in the use; or
e.
Additional ingress/egress or alteration of existing ingress/egress is proposed.
f.
The director of public utilities or designee requires the extension of utility service or modification of existing service to support the change in, or expansion of, the use.
5.
Deposit and contouring of fill on land, provided that:
i)
The directors of development and permits and public utilities, or designees, determine that the fill activity will not adversely impact existing public facilities; and
ii)
All other regulations of the city are met.
6.
Any permitted use of a temporary nature for a period not to exceed one (1) year. However, certain temporary uses, such as outdoor sales (covered in article 13), may be subject to regulations of this zoning ordinance or other chapters of the City Code which require the submission of a site plan.
(Ord. No. 95-O-074, 4-18-95; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-124, 8-17-04; Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-051, 5-19-09; Ord. No. 10-O-127, 10-19-10; Ord. No. 13-O-089, 8-13-13; Ord. No. 22-O-124, 12-20-22)
A.
Informal meeting; schematic master plan. An informal meeting and discussion between the applicant and the city planning staff may be held prior to the submission of a preliminary site plan. The applicant may present a preliminary schematic master plan showing such items as:
1.
Boundary lines of the subject property.
2.
Existing land conditions, existing topography at a maximum of ten (10) foot contour intervals and soils information.
3.
General layout design of what is proposed, on a scale of at least one (1) inch to one hundred (100) feet.
4.
Building setback lines.
5.
Zoning of the subject property and adjacent parcels.
6.
Location of entrances and points of ingress and egress.
B.
Discussions not binding. Such discussion and comment shall not be considered binding by the city or the owner of the property, but as providing guidance toward development of the preliminary and final plans.
A.
Required contents. The preliminary site plan application shall contain the following information:
1.
The applicant's name and address and legal interest in the property; where the applicant is different from the owner or owners of the property, the name and address of the owner or owners shall be included, with a statement describing the relationship between the applicant and the owner or owners.
2.
The street address (or common description) of the property, as well as the thirteen digit tax map number.
3.
A legal description and a survey, certified by a registered land surveyor, showing property boundary lines, dimensions, easements, floodplain, existing and proposed topography, existing right-of-way widths on adjacent roads, and existing intersections located within five hundred (500) feet of the property.
4.
The zoning classification and present use of the subject property and all adjacent properties.
5.
A representation of the proposed use, with 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 together with the proposed paving material types for all walks, parking lots and entrances; and signs.
6.
Written schedules or data as necessary to demonstrate that the site can accommodate the proposed use, including:
a.
Proposed uses and maximum acreage occupied by each use;
b.
For residential developments, maximum number of dwelling units by type and gross residential density;
c.
Square footage of recreation area and percent and acreage of open space;
d.
For commercial and industrial developments, maximum square footage for commercial and industrial uses, maximum number of employees and maximum lot coverage;
e.
Maximum height of all structures;
f.
Schedule of parking, including maximum amount required and amount provided;
g.
Maximum amount of impervious cover on the site.
7.
A site analysis and proposed landscape areas, to the extent required under the landscaping standards of article 19 of this ordinance.
8.
Proposed location of stormwater detention/retention areas and mitigation areas.
9.
Location of existing and proposed utilities and utility easements.
10.
All areas intended to be dedicated or reserved for public use.
11.
Where special soil or water conditions are deemed by the director of public works to be of a nature that could affect the area and contour of developable land or where the site is known or believed to have been subject to dumping activities or to have been the location of a landfill, a junkyard or a storage area for any fuels or hazardous materials, a soil report prepared by or under the direction of a professional engineer, experienced in soil and foundation engineering, shall be required.
12.
Where property abuts any natural or artificial body of water, display of the name of each body of water, the high and low water lines, bulkhead and pierhead lines where officially established, and, where applicable, to the location of tidal wetlands.
13.
Existing structures and roads, including roadway entrances, located within twenty-five (25) feet of the property line of the site.
14.
If phased development is planned, phase lines and proposed timing of development.
15.
A vicinity map showing the site in reference to adjoining streets, subdivisions and landmarks.
16.
A north arrow establishing geographic direction.
17.
Depiction of the resource protection area (RPA), the resource management area (RMA) and the intensely developed area (IDA) of any parcel shown on the preliminary site plan that is located wholly or partially within the Chesapeake Bay Preservation Area (CBPA) district. Such delineation shall be consistent with the CBPA District ordinance set forth in article X of chapter 26 of the City Code, the CBPA specifications manual, the CBPA map and the IDA map. All preliminary and final site plans shall also contain the notations required by Section 26-522(A)(2) of the City Code.
18.
Such additional information as may be required as a result of the property being located within a special overlay district, as described in article 12 of this ordinance.
19.
Such additional information as the reviewing departments deem necessary to provide sufficient information for the staff and/or the commission to adequately review a preliminary plan.
20.
An address plan that conforms to the planning department's Standard Operating Procedures for Addressing manual, 2017 edition, as amended.
21.
Where a development does not include the entire parcel on which the development is located, the preliminary site plan shall provide a conceptual rendering of how the remaining portion of the parcel is to be used, including planned internal circulation and access to streets and other properties.
22.
A phase I environmental site assessment, prepared in compliance with the specifications in the Chesapeake Public Facilities Manual, shall be required for every proposed development that involves any land disturbance for residential, assembly, day care, group home, recreation, school, library, or similar use where exposure to contaminated soil or water would pose a threat to the public health, safety and welfare; provided that the director of development and permits, with the concurrence of the director of public works, may waive this requirement if the following conditions are satisfied:
a.
The applicant/owner submits documentation, in a form acceptable to the director of development and permits and director of public works, requesting to waive the phase I environmental site assessment and demonstrating that the proposed land disturbance does not pose a significant risk to the environment or the public health and safety; and
b.
The applicant/owner signs and submits documentation, in a form acceptable to the city attorney, assuming all risk and indemnifying and holding the city harmless for any actions or liability that result from such waiver.
Where deemed necessary, the director of public works or designee shall require a phase II environmental site assessment, as specified in the Chesapeake Public Facilities Manual. The phase I and phase II reports shall include recommendations to address any and all environmental conditions of the property that may be adverse to the public health, safety and welfare, including without limitation, contamination of soil, groundwater or surface water. In the event a phase I and/or phase II environmental site assessment has been previously submitted to the city for the same property, such environmental site assessment may suffice if updated in accordance with the standards in the Chesapeake Public Facilities Manual.
23.
Where the development is located wholly or partially in the Northwest River Watershed Protection District, description and proposed location of buildings, structures, storage areas and stormwater facilities for commercial and industrial uses.
B.
Standards for dimensions and scale.
1.
Except as otherwise provided for in subsection (2) below, the preliminary site plan shall be dimensioned to at least the following standards for accuracy:
a.
Boundary, setback and zoning lines: one foot per one thousand (1:1,000) feet;
b.
Existing structures, utilities and other topographic features: within five (5) feet;
c.
Proposed structures, roads, parking lots and other improvements: within five (5) feet.
2.
Different dimensions may be required for properties located within an overlay district, under the separate standards for development of property within such district.
3.
A preliminary site plan shall be drawn to scale as specified by the planning department. At least one rendering of the site plan shall be provided on a sheet not exceeding 11 inches by 17 inches in size, and not smaller than 8½ inches by 11 inches in size.
C.
Certification. All applications for preliminary site plan approval shall contain a certification by the owner, applicant or authorized agent, that to the best of his knowledge, the application is complete and accurate. This certification shall apply to all plans, environmental reports, and attachments accompanying the application. No application shall be deemed complete without such certification. False certifications shall be deemed a violation of this ordinance and shall be punishable by civil penalty in accordance with section 20-202 of this ordinance.
(Ord. No. 95-O-056, 3-21-95; Ord. No. 03-O-157, 12-9-03; Ord. No. 05-O-130, 10-18-05; Ord. No. 17-O-050, 8-8-17; Ord. No. 22-O-124, 12-20-22)
A.
Planning commission authority. Unless otherwise provided in this ordinance, the planning commission shall have the authority for all preliminary site plan reviews and approvals.
B.
Designation of planning director as review authority. The commission, at its discretion, may designate the planning director as the approval authority for certain types of preliminary site plans. In all such instances any applicant aggrieved by the final determination of the planning director may appeal such determination to the planning commission as the approval authority; provided, however, that the determinations of the planning director shall be final unless appeal is made within thirty (30) calendar days of the determination appealed from, on forms approved by the city.
C.
Reserved.
D.
Reserved.
E.
Administrative review authority for the expansion of certain churches and conditional uses. The planning director shall have approval authority for preliminary site plans depicting the lawful expansion of churches, except for churches located in the B-5 Urban Business District, which require a conditional use permit to expand, and all other expansions that require a conditional use permit. The planning director shall also have approval authority for preliminary site plans depicting expansions of existing conditional uses for which a valid conditional use permit has been granted, provided that the expansion does not exceed twenty-five percent (25%) of the size of buildings and structures originally approved as set out in section 17-111.
F.
Where given administrative review authority, the planning director may, in his discretion, waive the submittal of a separate preliminary site plan and instead, authorize the incorporation of the components of the preliminary site plan into the final site plan. The final site plan may then be approved by the director of development and permits, or designee, as provided in this article.
(Ord. No. 95-O-053, 3-21-95; Ord. No. 01-O-043, 5-8-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-124, 8-17-04; Ord. No. 09-O-007, 1-27-09; Ord. No. 25-O-007, 2-18-25)
A.
Format. Preliminary site plans shall be submitted to the planning department in such format as the planning director may prescribe.
B.
Departmental review. The site plan submitted shall be reviewed by a plat committee composed of representatives of the affected city departments.
1.
An initial determination shall be made as to whether the preliminary site plan is complete. In the event it is not complete, it shall be returned to the developer, with a description of the manner and areas in which the application is incomplete.
2.
Once a site plan is determined to be complete and accepted for processing, the site plan shall be reviewed for approval or disapproval.
C.
Approval or disapproval where planning director is the designated approval authority. For those preliminary site plans for which the planning director is the approval authority, as designated by the planning commission, the director shall approve or disapprove the preliminary site plan within sixty (60) days of the submission of a complete plan, unless the developer agrees to an extension of the period for action. If a plan must be reviewed by a state agency or other public authority, approval or denial shall occur within thirty-five (35) days from the date of receipt of any agency response or the date that a response was due. In the case of disapproval, the planning director shall specify the reasons for the disapproval, citing the applicable ordinances, regulations or policies, and shall generally identify the modifications that will permit approval of the plat. A resubmittal of a preliminary site plan involving commercial or residential real estate, as those terms are defined in Section 15.2-2259 of the Code of Virginia, as may be amended from time to time that is not considered a construction plan shall be approved or disapproved within forty-five (45) days after the resubmitted plan has been accepted as complete otherwise the resubmitted plan shall be deemed approved unless the plan would violate local, state or federal law, regulations, mandatory department of transportation engineering and safety requirements, and other mandatory engineering and safety requirements. Review of such a resubmittal shall be limited to the deficiencies identified as the reasons for disapproval of the previous plan, except for features, corrections or changes not contained in the previous plan.
D.
Approval or disapproval where planning commission is the approval authority. For those preliminary site plans for which the planning commission is the approval authority, the site plan review committee shall make its final recommendations for consideration by the planning commission not later than forty-five (45) days after the submission of a complete plan, unless the developer agrees to an extension of that period. If a plan must be reviewed by a state agency or other public authority, approval or denial shall occur within thirty-five (35) days from the date of receipt of any agency response or the date that a response was due. A resubmittal of a preliminary site plan involving commercial or residential real estate, as those terms are defined in Section 15.2-2259 of the Code of Virginia, as may be amended from time to time that is not considered a construction plan shall be approved or disapproved within forty-five (45) days after the resubmitted plan has been accepted as complete otherwise the resubmitted plan shall be deemed approved unless the plan would violate local, state or federal law, regulations, mandatory department of transportation engineering and safety requirements, and other mandatory engineering and safety requirements. Review of such a resubmittal shall be limited to the deficiencies identified as the reasons for disapproval of the previous plan, except for features, corrections or changes not contained in the previous plan.
E.
Posting of property required. Once hearing before the planning commission has been scheduled, it shall be the responsibility of the applicant to post on the property for which the application if filed at least one sign, provided by the city, providing notice of the date, time and location of the planning commission hearing at which the preliminary site plan application will be reviewed. Such posting shall conform in all respects to the posting requirements for rezoning and conditional use permit applications, which are set out in section 16-105(A) of this zoning ordinance. In cases where the preliminary site plan is reviewed administratively by the planning director, one or more signs may be posted in accordance with direction of the planning commission or established administrative procedure.
F.
Formal submission to planning commission. A preliminary site plan shall not be considered to have been formally submitted to the planning commission until the commission's first meeting to consider the plan after proper posting has occurred.
(Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-007, 1-27-09; Ord. No. 24-O-102, 9-17-24)
Note— Ord. No. 24-O-102, adopted September 17, 2024, shall be retroactive to July 1, 2024.
A.
Standards. A preliminary site plan shall be reviewed on the basis of the following factors:
1.
The plan's completeness.
2.
The plan's compliance with provisions of this zoning ordinance and related ordinances, regulations and policies applicable to the site.
3.
The plan's capacity, in its proposed design, to operate in a manner that is compatible with adjoining sites and streets. Assessment of such compatibility shall include the following factors:
a.
The adequacy of the number of access points to adjoining streets and the relationship of such access points to access points from neighboring developments.
b.
The number and nature of street connections to adjoining properties and the impact of such connections on the traffic flow onto and resulting safety of neighboring properties.
c.
The availability of continuous and unobstructed access for emergency vehicles.
d.
The capacity of the plan to provide sufficient drainage, stormwater management and flood control to meet federal, state and local requirements.
e.
The adequacy of landscaping and other buffering features to ensure compatibility with adjoining properties, within the requirements of this ordinance.
f.
In those instances where a proposed nonresidential development will be adjacent to property zoned or used for residential purposes, the adequacy of site design and building location and orientation to minimize the impact of such development on the adjacent residential sites.
4.
The plan's capacity, in its proposed design, to ensure the safety and convenience of the persons using the site. Assessment of such safety and convenience shall include the following factors:
a.
The adequacy of the design for the smooth flow of traffic on-site and minimalization of conflicts with pedestrian traffic.
b.
The adequacy of provisions for access by emergency vehicles.
5.
The plan's accurate denotation of the RPA, the RMA and the IDA for all property located wholly of partially for the CBPA district as established in article X of chapter 26 of the City Code.
6.
The plan's conformance the CBPA district performance criteria, standards and water quality objectives set out in article X of chapter 26 of the City Code, including the CBPA specifications manual, for all property located wholly or partially in the CBPA district.
B.
No waiver of requirements in approval of site plan. All site development requirements that are a part of this zoning ordinance or other applicable ordinances, regulations and policies shall apply to any proposed site plan, and approval of a preliminary site plan shall not be construed as a waiver of any such requirements unless such is explicitly so stated in the approval of the preliminary site plan and is within the authority of the planning commission to grant or as otherwise provided for in section 18-203.
C.
Planning commission review of final site plan. The planning commission at its discretion may require that the final site plan for a site also be submitted to the commission for review of its compatibility with the preliminary plan approval. In addition, the planning director may submit a final site plan to the commission for its review and action if the director determines that the final site plan varies substantially from the approved preliminary site plan.
D.
Action upon disapproval of preliminary plan.
1.
When a preliminary site plan is disapproved, the reviewing authority shall set out in writing the reasons for the disapproval and shall also generally identify the corrections or modifications that will permit approval of the plat.
2.
Upon disapproval of a preliminary site plan, the applicant shall have a right of appeal as provided for under section 15.2-2260, Code of Virginia, 1950, as amended.
(Ord. No. 03-O-157, 12-9-03; Ord. No. 09-O-007, 1-27-09)
A.
Preparation by licensed professional. Final site plans, together with amendments thereto, shall be prepared by a professional engineer, or land surveyor with a 3(b) license, licensed to practice in the commonwealth of Virginia.
B.
Technical requirements.
1.
Final site plans shall be prepared on such materials and format as the director of development and permits, or designee, may specify, with the number of copies that the director prescribes.
2.
The final site plan shall reflect all those elements approved on the preliminary site plan. In addition, it shall include those specific construction plans and other technical information which are specified by the director of development and permits, or designee. All plan information regarding public utilities lines and installations shall conform with the requirements of the public utilities director as well. For condominium and apartment developments, design for on-site pavement, drainage and related improvements shall be based upon soil boring information and design methods approved by the director of development and permits, or designee.
C.
Environmental site assessments. A phase I environmental site assessment, prepared in compliance with the specifications in the Chesapeake Public Facilities Manual, shall be required for every proposed development that involves any land disturbance for residential, assembly, day care, group home, recreation, school, library, or similar use where exposure to contaminated soil or water would pose a threat to the public health, safety and welfare; provided that the director of development and permits, with the concurrence of the director of public works, may waive this requirement if the following conditions are satisfied:
a.
The applicant/owner submits documentation, in a form acceptable to the director of development and permits and director of public works, requesting to waive the phase I environmental site assessment and demonstrating that the proposed land disturbance does not pose a significant risk to the environment or the public health and safety; and
b.
The applicant/owner signs and submits documentation, in a form acceptable to the city attorney, assuming all risk and indemnifying and holding the city harmless for any actions or liability that result from such waiver.
Where deemed necessary, the director of public works or designee shall require a phase II environmental site assessment, as specified in the Chesapeake Public Facilities Manual. The phase I and phase II reports shall include recommendations to address any and all environmental conditions of the property that may be adverse to the public health, safety and welfare, including without limitation, contamination of soil, groundwater or surface water. In the event a phase I and/or phase II environmental site assessment has been previously submitted to the city for the same property, such environmental site assessment may suffice if updated in accordance with the standards in the Chesapeake Public Facilities Manual.
D.
Statements on final plans. In addition to notes, statements and stipulations required to be placed on final site plans by law or as a condition of approval, final site plans for the development of property shall contain the following:
1.
For property located partially or wholly within the Fentress Airfield overlay district, the final site plan shall contain a statement as follows: "This development is located partially or wholly within an aircraft noise and/or accident zone and may be subject to above average noise levels or to aircraft accidents."
2.
For property which is located in the Chesapeake Bay Preservation Area District, the final site plan shall contain the notes required by the regulations in article X, chapter 26 of the City Code.
3.
For any development which requires environmental permits from any federal, or state or local agency, the final site plan shall contain a statement that all such permits will be obtained in a timely manner.
E.
Certifications. All submittals for final site plan approval shall contain a certification by the owner, applicant or authorized agent that to the best of his knowledge, the application is complete and accurate. This certification shall apply to all plans, environmental reports and attachments accompanying the application. No final site plan shall be considered complete without this certification. False certifications shall be deemed a violation of this ordinance and shall be punishable by civil penalty in accordance with section 20-202 of this ordinance.
(Ord. No. 98-O-158, 10-20-98; Ord. No. 04-O-057, 4-20-04; Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-051, 5-19-09; Ord. No. 22-O-124, 12-20-22)
A.
Approval authority. Final site plan applications shall be submitted to the director of development and permits, or designee, for review and approval. The review of each application by the affected departments and final approval of each application shall be coordinated by the director of development and permits, or designee. Each plan shall be reviewed for conformity with the approved preliminary site plan and with all other applicable provisions of this zoning ordinance and related ordinances, regulations and policies applicable to the site.
B.
Standard of review. Each plan shall be reviewed for conformity with the approved preliminary site plan and with all other applicable provisions of this zoning ordinance and related ordinances, regulations and policies applicable to the site. In cases of any land disturbance for residential, assembly, group home, day care, recreation, school, library or similar use where exposure to contaminated soil or water would pose a threat to the public health, safety and welfare, the department of public works shall also consider phase I and phase II environmental site assessments to determine whether the applicant has addressed adverse environmental conditions of the property, including without limitation, remediation and disclosure of soil or water contaminants, presence of methane gas, or former or existing landfills on or in the vicinity of the property. As used herein, "vicinity" shall mean parcels adjacent to the landfill site, parcels separated from the land use site by only a street or body of water, and parcels downgradient from the landfill site.
C.
Approval or Denial. The director of development and permits, or designee, shall approve or disapprove a final site plan. An approval of a final site plan may be subject to stipulations or conditions indicated by letter to the applicant, notes on the plan, or in the case of minor issues, by "red-lining" the plans. Failure to comply with stipulations, conditions or red-line notations, including any stipulations or conditions attached to preliminary site plan approval, shall be deemed a violation of this ordinance. The time requirements for and limitations on approval or disapproval shall comply with those set out in section 18-203 for preliminary site plans.
D.
No waiver of requirements in approval. All city ordinances, regulations and policies shall apply to final site plans and shall not be deemed waived by oversight or erroneous approval except as otherwise provided for in section 18-203.
(Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-007, 1-27-09; Ord. No. 09-O-051, 5-19-09)
1.
When a final site plan is disapproved, the director of development and permits or designee, shall set out in writing the reasons for the disapproval and shall also generally identify the corrections or modifications that will permit approval of the plat.
2.
Upon disapproval of a final site plan, the applicant shall have a right of appeal as provided for under section 15.2-2260, Code of Virginia, 1950, as amended.
3.
Resubmittals shall be reviewed and approved or denied in the same manner as preliminary site plans as put forth in section 18-203 of this ordinance.
(Ord. No. 09-O-007, 1-27-09; Ord. No. 09-O-051, 5-19-09; Ord. No. 17-O-081, 11-21-17)
Specific provisions regarding the status and lapsing of preliminary and final site plans are contained in section 15-102 of this ordinance.
It shall be a violation of this zoning ordinance for any person to construct or structurally alter any building or structure or to develop or modify land for which a site plan is required, except in accordance with approved site plan. All improvements required by this ordinance and shown on approved site plans shall be built to the city's standards and specifications, including those established by the various city departments, and shall be installed by and at the expense of the developer.
Where a site plan is required under this zoning ordinance for the construction or structural alteration of any building or structure or the development or modification of any land, no building permit shall be issued for such activity until the required site plan has been approved.
All applications for building permits shall contain the following documents:
A.
Sites for which site plans required. In the case of sites for which a site plan is required under this ordinance, two copies of the approved final site plans, and such other documents as the zoning administrator may require.
B.
Sites for which site plan not required. In the case of the construction, installation or alteration of a building or structure on a site, for which a preliminary and final site plan is not required under this article, the application shall include the following:
a.
Three (3) copies of plans drawn to scale by a licensed engineer, architect or land surveyor, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of existing buildings, permanent structures and existing and proposed easements, if any; and the location and dimensions of the proposed building or alteration.
b.
For structures located in a floodplain district, all information required under sections 26-91 through 26-95 of the city Code.
c.
Vertical elevations on each corner of the building.
d.
Vertical elevations on each corner of the property.
e.
Finished floor elevation of the building.
f.
An informational statement which includes the flood zone where the property is located.
g.
Where the lot is part of an approved subdivision plat, a drainage statement as follows: lot grading shown herein is in accordance with the latest approved subdivision construction plans.
h.
The property's legal description, including map book and page number.
i.
Such additional site information as may be required under the Uniform Statewide Building Code.
j.
Such other information as the zoning administrator may require to ensure conformance of the plans with this zoning ordinance.
The director of development and permits, or designee, shall have the authority to waive or modify one or more of the above requirements for building permit applications for accessory structures and additions to existing principal structures.
(Ord. No. 04-O-011, 1-20-04; Ord. No. 09-O-051, 5-19-09)
One copy of the plans shall be returned to the applicant by the building inspector after the inspector has marked such copy either as approved or disapproved and attests to same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the director of development and permits, or designee.
(Ord. No. 04-O-011, 1-20-04; Ord. No. 09-O-051, 5-19-09)
A.
Site plan certifications. No certificate of occupancy shall be issued for a building constructed on a site which is subject to the site plan requirements of this ordinance until a written certification has been submitted to the director of development and permits, or designee certifying that the site construction substantially conforms to the approved final site plan and all approved plan revisions. The certification shall be made by a professional engineer, licensed by the commonwealth of Virginia, in accordance with the requirements of the Public Facilities Manual.
B.
Reliance on certifications. The certifications described above shall be relied upon as establishing compliance with final site plan requirements, subject to the authority of the director of development and permits, or designee, to require on-site inspection when questions regarding site plan compliance are raised.
(Ord. No. 04-O-011, 1-20-04; Ord. No. 09-O-007, 1-27-09; Ord. No. 09-O-051, 5-19-09)
- DEVELOPMENT SITE PLANS
Site plans, prepared and approved in accordance with the provisions of this article, shall be required to assist the city in ensuring that development proposals for properties within the city fully comply with all applicable requirements of this zoning ordinance and of other applicable laws, regulations and standards.
A.
General requirement. A preliminary and final site plan shall be required for any construction, use, change in use or other development in all zoning districts; provided, however, that no such plan shall be required for those instances listed in subsection (B). The directors of planning and development and permits shall consult with the installation commander of any military installation that will be affected by potential development within the city so as to reasonably protect the military installation against any adverse effects that might be caused by the development.
B.
Exceptions; requirements. A preliminary and final site plan shall not be required in the instances set out in subsection C. below. However, certain plans may be required by the director of development and permits, or designee, as necessary to ensure that applicable development criteria are met; or as part of a building permit application, as described in section 18-600 et seq. of this ordinance. A phase I environmental site assessment, prepared in compliance with the specifications in the Chesapeake Public Facilities Manual, shall be required for every proposed development that involves any land disturbance for residential, assembly, day care, group home, recreation, school, library, or similar use where exposure to contaminated soil or water would pose a threat to the public health, safety and welfare; provided that the director of development and permits, with the concurrence of the director of public works, may waive this requirement if the following conditions are satisfied:
a.
The applicant/owner submits documentation, in a form acceptable to the director of development and permits and director of public works, requesting to waive the phase I environmental site assessment and demonstrating that the proposed land disturbance does not pose a significant risk to the environment or the public health and safety; and
b.
The applicant/owner signs and submits documentation, in a form acceptable to the city attorney, assuming all risk and indemnifying and holding the city harmless for any actions or liability that result from such waiver.
Where deemed necessary, the director of public works or designee shall require a phase II environmental site assessment, as specified in the Chesapeake Public Facilities Manual. The phase I and phase II reports shall include recommendations to address any and all environmental conditions of the property, including without limitation, contaminated soil, surface water, or groundwater, that may be adverse to the public health, safety and welfare. In the event a phase I and/or phase II environmental site assessment has been previously submitted to the city for the same property, such environmental site assessment may suffice if updated in accordance with applicable standards in the Chesapeake Public Facilities Manual.
C.
Specific exemptions. The following developments are exempt from the requirement for a complete preliminary and final site plan.
1.
The construction or location of any single-family detached dwelling or two-family dwelling on an existing or platted lot not occupied by any other dwelling.
2.
Any accessory structure to a single-family or two-family dwelling.
3.
Any agricultural activity except as otherwise provided in this zoning ordinance.
4.
A change in or expansion of a use on an existing site other than a modification or expansion regulated by section 17-111, unless:
a.
The sale or storage of gasoline or hazardous materials is involved as part of the use; or
b.
The zoning administrator or designee determines that such change or expansion gives rise to the need for additional parking or off-street loading under the requirements of this zoning ordinance, in which case the provisions of section 19-402.B shall apply; or
c.
In the case of an expansion not regulated by section 17-111, the expansion exceeds twenty-five (25) percent of the gross floor area of the existing building or of the area occupied by the use; or
d.
The director of development and permits, or designee, requires additional ingress/egress, change in ingress/egress or additional public improvements because of the nature of the change in the use; or
e.
Additional ingress/egress or alteration of existing ingress/egress is proposed.
f.
The director of public utilities or designee requires the extension of utility service or modification of existing service to support the change in, or expansion of, the use.
5.
Deposit and contouring of fill on land, provided that:
i)
The directors of development and permits and public utilities, or designees, determine that the fill activity will not adversely impact existing public facilities; and
ii)
All other regulations of the city are met.
6.
Any permitted use of a temporary nature for a period not to exceed one (1) year. However, certain temporary uses, such as outdoor sales (covered in article 13), may be subject to regulations of this zoning ordinance or other chapters of the City Code which require the submission of a site plan.
(Ord. No. 95-O-074, 4-18-95; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-124, 8-17-04; Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-051, 5-19-09; Ord. No. 10-O-127, 10-19-10; Ord. No. 13-O-089, 8-13-13; Ord. No. 22-O-124, 12-20-22)
A.
Informal meeting; schematic master plan. An informal meeting and discussion between the applicant and the city planning staff may be held prior to the submission of a preliminary site plan. The applicant may present a preliminary schematic master plan showing such items as:
1.
Boundary lines of the subject property.
2.
Existing land conditions, existing topography at a maximum of ten (10) foot contour intervals and soils information.
3.
General layout design of what is proposed, on a scale of at least one (1) inch to one hundred (100) feet.
4.
Building setback lines.
5.
Zoning of the subject property and adjacent parcels.
6.
Location of entrances and points of ingress and egress.
B.
Discussions not binding. Such discussion and comment shall not be considered binding by the city or the owner of the property, but as providing guidance toward development of the preliminary and final plans.
A.
Required contents. The preliminary site plan application shall contain the following information:
1.
The applicant's name and address and legal interest in the property; where the applicant is different from the owner or owners of the property, the name and address of the owner or owners shall be included, with a statement describing the relationship between the applicant and the owner or owners.
2.
The street address (or common description) of the property, as well as the thirteen digit tax map number.
3.
A legal description and a survey, certified by a registered land surveyor, showing property boundary lines, dimensions, easements, floodplain, existing and proposed topography, existing right-of-way widths on adjacent roads, and existing intersections located within five hundred (500) feet of the property.
4.
The zoning classification and present use of the subject property and all adjacent properties.
5.
A representation of the proposed use, with 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 together with the proposed paving material types for all walks, parking lots and entrances; and signs.
6.
Written schedules or data as necessary to demonstrate that the site can accommodate the proposed use, including:
a.
Proposed uses and maximum acreage occupied by each use;
b.
For residential developments, maximum number of dwelling units by type and gross residential density;
c.
Square footage of recreation area and percent and acreage of open space;
d.
For commercial and industrial developments, maximum square footage for commercial and industrial uses, maximum number of employees and maximum lot coverage;
e.
Maximum height of all structures;
f.
Schedule of parking, including maximum amount required and amount provided;
g.
Maximum amount of impervious cover on the site.
7.
A site analysis and proposed landscape areas, to the extent required under the landscaping standards of article 19 of this ordinance.
8.
Proposed location of stormwater detention/retention areas and mitigation areas.
9.
Location of existing and proposed utilities and utility easements.
10.
All areas intended to be dedicated or reserved for public use.
11.
Where special soil or water conditions are deemed by the director of public works to be of a nature that could affect the area and contour of developable land or where the site is known or believed to have been subject to dumping activities or to have been the location of a landfill, a junkyard or a storage area for any fuels or hazardous materials, a soil report prepared by or under the direction of a professional engineer, experienced in soil and foundation engineering, shall be required.
12.
Where property abuts any natural or artificial body of water, display of the name of each body of water, the high and low water lines, bulkhead and pierhead lines where officially established, and, where applicable, to the location of tidal wetlands.
13.
Existing structures and roads, including roadway entrances, located within twenty-five (25) feet of the property line of the site.
14.
If phased development is planned, phase lines and proposed timing of development.
15.
A vicinity map showing the site in reference to adjoining streets, subdivisions and landmarks.
16.
A north arrow establishing geographic direction.
17.
Depiction of the resource protection area (RPA), the resource management area (RMA) and the intensely developed area (IDA) of any parcel shown on the preliminary site plan that is located wholly or partially within the Chesapeake Bay Preservation Area (CBPA) district. Such delineation shall be consistent with the CBPA District ordinance set forth in article X of chapter 26 of the City Code, the CBPA specifications manual, the CBPA map and the IDA map. All preliminary and final site plans shall also contain the notations required by Section 26-522(A)(2) of the City Code.
18.
Such additional information as may be required as a result of the property being located within a special overlay district, as described in article 12 of this ordinance.
19.
Such additional information as the reviewing departments deem necessary to provide sufficient information for the staff and/or the commission to adequately review a preliminary plan.
20.
An address plan that conforms to the planning department's Standard Operating Procedures for Addressing manual, 2017 edition, as amended.
21.
Where a development does not include the entire parcel on which the development is located, the preliminary site plan shall provide a conceptual rendering of how the remaining portion of the parcel is to be used, including planned internal circulation and access to streets and other properties.
22.
A phase I environmental site assessment, prepared in compliance with the specifications in the Chesapeake Public Facilities Manual, shall be required for every proposed development that involves any land disturbance for residential, assembly, day care, group home, recreation, school, library, or similar use where exposure to contaminated soil or water would pose a threat to the public health, safety and welfare; provided that the director of development and permits, with the concurrence of the director of public works, may waive this requirement if the following conditions are satisfied:
a.
The applicant/owner submits documentation, in a form acceptable to the director of development and permits and director of public works, requesting to waive the phase I environmental site assessment and demonstrating that the proposed land disturbance does not pose a significant risk to the environment or the public health and safety; and
b.
The applicant/owner signs and submits documentation, in a form acceptable to the city attorney, assuming all risk and indemnifying and holding the city harmless for any actions or liability that result from such waiver.
Where deemed necessary, the director of public works or designee shall require a phase II environmental site assessment, as specified in the Chesapeake Public Facilities Manual. The phase I and phase II reports shall include recommendations to address any and all environmental conditions of the property that may be adverse to the public health, safety and welfare, including without limitation, contamination of soil, groundwater or surface water. In the event a phase I and/or phase II environmental site assessment has been previously submitted to the city for the same property, such environmental site assessment may suffice if updated in accordance with the standards in the Chesapeake Public Facilities Manual.
23.
Where the development is located wholly or partially in the Northwest River Watershed Protection District, description and proposed location of buildings, structures, storage areas and stormwater facilities for commercial and industrial uses.
B.
Standards for dimensions and scale.
1.
Except as otherwise provided for in subsection (2) below, the preliminary site plan shall be dimensioned to at least the following standards for accuracy:
a.
Boundary, setback and zoning lines: one foot per one thousand (1:1,000) feet;
b.
Existing structures, utilities and other topographic features: within five (5) feet;
c.
Proposed structures, roads, parking lots and other improvements: within five (5) feet.
2.
Different dimensions may be required for properties located within an overlay district, under the separate standards for development of property within such district.
3.
A preliminary site plan shall be drawn to scale as specified by the planning department. At least one rendering of the site plan shall be provided on a sheet not exceeding 11 inches by 17 inches in size, and not smaller than 8½ inches by 11 inches in size.
C.
Certification. All applications for preliminary site plan approval shall contain a certification by the owner, applicant or authorized agent, that to the best of his knowledge, the application is complete and accurate. This certification shall apply to all plans, environmental reports, and attachments accompanying the application. No application shall be deemed complete without such certification. False certifications shall be deemed a violation of this ordinance and shall be punishable by civil penalty in accordance with section 20-202 of this ordinance.
(Ord. No. 95-O-056, 3-21-95; Ord. No. 03-O-157, 12-9-03; Ord. No. 05-O-130, 10-18-05; Ord. No. 17-O-050, 8-8-17; Ord. No. 22-O-124, 12-20-22)
A.
Planning commission authority. Unless otherwise provided in this ordinance, the planning commission shall have the authority for all preliminary site plan reviews and approvals.
B.
Designation of planning director as review authority. The commission, at its discretion, may designate the planning director as the approval authority for certain types of preliminary site plans. In all such instances any applicant aggrieved by the final determination of the planning director may appeal such determination to the planning commission as the approval authority; provided, however, that the determinations of the planning director shall be final unless appeal is made within thirty (30) calendar days of the determination appealed from, on forms approved by the city.
C.
Reserved.
D.
Reserved.
E.
Administrative review authority for the expansion of certain churches and conditional uses. The planning director shall have approval authority for preliminary site plans depicting the lawful expansion of churches, except for churches located in the B-5 Urban Business District, which require a conditional use permit to expand, and all other expansions that require a conditional use permit. The planning director shall also have approval authority for preliminary site plans depicting expansions of existing conditional uses for which a valid conditional use permit has been granted, provided that the expansion does not exceed twenty-five percent (25%) of the size of buildings and structures originally approved as set out in section 17-111.
F.
Where given administrative review authority, the planning director may, in his discretion, waive the submittal of a separate preliminary site plan and instead, authorize the incorporation of the components of the preliminary site plan into the final site plan. The final site plan may then be approved by the director of development and permits, or designee, as provided in this article.
(Ord. No. 95-O-053, 3-21-95; Ord. No. 01-O-043, 5-8-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-124, 8-17-04; Ord. No. 09-O-007, 1-27-09; Ord. No. 25-O-007, 2-18-25)
A.
Format. Preliminary site plans shall be submitted to the planning department in such format as the planning director may prescribe.
B.
Departmental review. The site plan submitted shall be reviewed by a plat committee composed of representatives of the affected city departments.
1.
An initial determination shall be made as to whether the preliminary site plan is complete. In the event it is not complete, it shall be returned to the developer, with a description of the manner and areas in which the application is incomplete.
2.
Once a site plan is determined to be complete and accepted for processing, the site plan shall be reviewed for approval or disapproval.
C.
Approval or disapproval where planning director is the designated approval authority. For those preliminary site plans for which the planning director is the approval authority, as designated by the planning commission, the director shall approve or disapprove the preliminary site plan within sixty (60) days of the submission of a complete plan, unless the developer agrees to an extension of the period for action. If a plan must be reviewed by a state agency or other public authority, approval or denial shall occur within thirty-five (35) days from the date of receipt of any agency response or the date that a response was due. In the case of disapproval, the planning director shall specify the reasons for the disapproval, citing the applicable ordinances, regulations or policies, and shall generally identify the modifications that will permit approval of the plat. A resubmittal of a preliminary site plan involving commercial or residential real estate, as those terms are defined in Section 15.2-2259 of the Code of Virginia, as may be amended from time to time that is not considered a construction plan shall be approved or disapproved within forty-five (45) days after the resubmitted plan has been accepted as complete otherwise the resubmitted plan shall be deemed approved unless the plan would violate local, state or federal law, regulations, mandatory department of transportation engineering and safety requirements, and other mandatory engineering and safety requirements. Review of such a resubmittal shall be limited to the deficiencies identified as the reasons for disapproval of the previous plan, except for features, corrections or changes not contained in the previous plan.
D.
Approval or disapproval where planning commission is the approval authority. For those preliminary site plans for which the planning commission is the approval authority, the site plan review committee shall make its final recommendations for consideration by the planning commission not later than forty-five (45) days after the submission of a complete plan, unless the developer agrees to an extension of that period. If a plan must be reviewed by a state agency or other public authority, approval or denial shall occur within thirty-five (35) days from the date of receipt of any agency response or the date that a response was due. A resubmittal of a preliminary site plan involving commercial or residential real estate, as those terms are defined in Section 15.2-2259 of the Code of Virginia, as may be amended from time to time that is not considered a construction plan shall be approved or disapproved within forty-five (45) days after the resubmitted plan has been accepted as complete otherwise the resubmitted plan shall be deemed approved unless the plan would violate local, state or federal law, regulations, mandatory department of transportation engineering and safety requirements, and other mandatory engineering and safety requirements. Review of such a resubmittal shall be limited to the deficiencies identified as the reasons for disapproval of the previous plan, except for features, corrections or changes not contained in the previous plan.
E.
Posting of property required. Once hearing before the planning commission has been scheduled, it shall be the responsibility of the applicant to post on the property for which the application if filed at least one sign, provided by the city, providing notice of the date, time and location of the planning commission hearing at which the preliminary site plan application will be reviewed. Such posting shall conform in all respects to the posting requirements for rezoning and conditional use permit applications, which are set out in section 16-105(A) of this zoning ordinance. In cases where the preliminary site plan is reviewed administratively by the planning director, one or more signs may be posted in accordance with direction of the planning commission or established administrative procedure.
F.
Formal submission to planning commission. A preliminary site plan shall not be considered to have been formally submitted to the planning commission until the commission's first meeting to consider the plan after proper posting has occurred.
(Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-007, 1-27-09; Ord. No. 24-O-102, 9-17-24)
Note— Ord. No. 24-O-102, adopted September 17, 2024, shall be retroactive to July 1, 2024.
A.
Standards. A preliminary site plan shall be reviewed on the basis of the following factors:
1.
The plan's completeness.
2.
The plan's compliance with provisions of this zoning ordinance and related ordinances, regulations and policies applicable to the site.
3.
The plan's capacity, in its proposed design, to operate in a manner that is compatible with adjoining sites and streets. Assessment of such compatibility shall include the following factors:
a.
The adequacy of the number of access points to adjoining streets and the relationship of such access points to access points from neighboring developments.
b.
The number and nature of street connections to adjoining properties and the impact of such connections on the traffic flow onto and resulting safety of neighboring properties.
c.
The availability of continuous and unobstructed access for emergency vehicles.
d.
The capacity of the plan to provide sufficient drainage, stormwater management and flood control to meet federal, state and local requirements.
e.
The adequacy of landscaping and other buffering features to ensure compatibility with adjoining properties, within the requirements of this ordinance.
f.
In those instances where a proposed nonresidential development will be adjacent to property zoned or used for residential purposes, the adequacy of site design and building location and orientation to minimize the impact of such development on the adjacent residential sites.
4.
The plan's capacity, in its proposed design, to ensure the safety and convenience of the persons using the site. Assessment of such safety and convenience shall include the following factors:
a.
The adequacy of the design for the smooth flow of traffic on-site and minimalization of conflicts with pedestrian traffic.
b.
The adequacy of provisions for access by emergency vehicles.
5.
The plan's accurate denotation of the RPA, the RMA and the IDA for all property located wholly of partially for the CBPA district as established in article X of chapter 26 of the City Code.
6.
The plan's conformance the CBPA district performance criteria, standards and water quality objectives set out in article X of chapter 26 of the City Code, including the CBPA specifications manual, for all property located wholly or partially in the CBPA district.
B.
No waiver of requirements in approval of site plan. All site development requirements that are a part of this zoning ordinance or other applicable ordinances, regulations and policies shall apply to any proposed site plan, and approval of a preliminary site plan shall not be construed as a waiver of any such requirements unless such is explicitly so stated in the approval of the preliminary site plan and is within the authority of the planning commission to grant or as otherwise provided for in section 18-203.
C.
Planning commission review of final site plan. The planning commission at its discretion may require that the final site plan for a site also be submitted to the commission for review of its compatibility with the preliminary plan approval. In addition, the planning director may submit a final site plan to the commission for its review and action if the director determines that the final site plan varies substantially from the approved preliminary site plan.
D.
Action upon disapproval of preliminary plan.
1.
When a preliminary site plan is disapproved, the reviewing authority shall set out in writing the reasons for the disapproval and shall also generally identify the corrections or modifications that will permit approval of the plat.
2.
Upon disapproval of a preliminary site plan, the applicant shall have a right of appeal as provided for under section 15.2-2260, Code of Virginia, 1950, as amended.
(Ord. No. 03-O-157, 12-9-03; Ord. No. 09-O-007, 1-27-09)
A.
Preparation by licensed professional. Final site plans, together with amendments thereto, shall be prepared by a professional engineer, or land surveyor with a 3(b) license, licensed to practice in the commonwealth of Virginia.
B.
Technical requirements.
1.
Final site plans shall be prepared on such materials and format as the director of development and permits, or designee, may specify, with the number of copies that the director prescribes.
2.
The final site plan shall reflect all those elements approved on the preliminary site plan. In addition, it shall include those specific construction plans and other technical information which are specified by the director of development and permits, or designee. All plan information regarding public utilities lines and installations shall conform with the requirements of the public utilities director as well. For condominium and apartment developments, design for on-site pavement, drainage and related improvements shall be based upon soil boring information and design methods approved by the director of development and permits, or designee.
C.
Environmental site assessments. A phase I environmental site assessment, prepared in compliance with the specifications in the Chesapeake Public Facilities Manual, shall be required for every proposed development that involves any land disturbance for residential, assembly, day care, group home, recreation, school, library, or similar use where exposure to contaminated soil or water would pose a threat to the public health, safety and welfare; provided that the director of development and permits, with the concurrence of the director of public works, may waive this requirement if the following conditions are satisfied:
a.
The applicant/owner submits documentation, in a form acceptable to the director of development and permits and director of public works, requesting to waive the phase I environmental site assessment and demonstrating that the proposed land disturbance does not pose a significant risk to the environment or the public health and safety; and
b.
The applicant/owner signs and submits documentation, in a form acceptable to the city attorney, assuming all risk and indemnifying and holding the city harmless for any actions or liability that result from such waiver.
Where deemed necessary, the director of public works or designee shall require a phase II environmental site assessment, as specified in the Chesapeake Public Facilities Manual. The phase I and phase II reports shall include recommendations to address any and all environmental conditions of the property that may be adverse to the public health, safety and welfare, including without limitation, contamination of soil, groundwater or surface water. In the event a phase I and/or phase II environmental site assessment has been previously submitted to the city for the same property, such environmental site assessment may suffice if updated in accordance with the standards in the Chesapeake Public Facilities Manual.
D.
Statements on final plans. In addition to notes, statements and stipulations required to be placed on final site plans by law or as a condition of approval, final site plans for the development of property shall contain the following:
1.
For property located partially or wholly within the Fentress Airfield overlay district, the final site plan shall contain a statement as follows: "This development is located partially or wholly within an aircraft noise and/or accident zone and may be subject to above average noise levels or to aircraft accidents."
2.
For property which is located in the Chesapeake Bay Preservation Area District, the final site plan shall contain the notes required by the regulations in article X, chapter 26 of the City Code.
3.
For any development which requires environmental permits from any federal, or state or local agency, the final site plan shall contain a statement that all such permits will be obtained in a timely manner.
E.
Certifications. All submittals for final site plan approval shall contain a certification by the owner, applicant or authorized agent that to the best of his knowledge, the application is complete and accurate. This certification shall apply to all plans, environmental reports and attachments accompanying the application. No final site plan shall be considered complete without this certification. False certifications shall be deemed a violation of this ordinance and shall be punishable by civil penalty in accordance with section 20-202 of this ordinance.
(Ord. No. 98-O-158, 10-20-98; Ord. No. 04-O-057, 4-20-04; Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-051, 5-19-09; Ord. No. 22-O-124, 12-20-22)
A.
Approval authority. Final site plan applications shall be submitted to the director of development and permits, or designee, for review and approval. The review of each application by the affected departments and final approval of each application shall be coordinated by the director of development and permits, or designee. Each plan shall be reviewed for conformity with the approved preliminary site plan and with all other applicable provisions of this zoning ordinance and related ordinances, regulations and policies applicable to the site.
B.
Standard of review. Each plan shall be reviewed for conformity with the approved preliminary site plan and with all other applicable provisions of this zoning ordinance and related ordinances, regulations and policies applicable to the site. In cases of any land disturbance for residential, assembly, group home, day care, recreation, school, library or similar use where exposure to contaminated soil or water would pose a threat to the public health, safety and welfare, the department of public works shall also consider phase I and phase II environmental site assessments to determine whether the applicant has addressed adverse environmental conditions of the property, including without limitation, remediation and disclosure of soil or water contaminants, presence of methane gas, or former or existing landfills on or in the vicinity of the property. As used herein, "vicinity" shall mean parcels adjacent to the landfill site, parcels separated from the land use site by only a street or body of water, and parcels downgradient from the landfill site.
C.
Approval or Denial. The director of development and permits, or designee, shall approve or disapprove a final site plan. An approval of a final site plan may be subject to stipulations or conditions indicated by letter to the applicant, notes on the plan, or in the case of minor issues, by "red-lining" the plans. Failure to comply with stipulations, conditions or red-line notations, including any stipulations or conditions attached to preliminary site plan approval, shall be deemed a violation of this ordinance. The time requirements for and limitations on approval or disapproval shall comply with those set out in section 18-203 for preliminary site plans.
D.
No waiver of requirements in approval. All city ordinances, regulations and policies shall apply to final site plans and shall not be deemed waived by oversight or erroneous approval except as otherwise provided for in section 18-203.
(Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-007, 1-27-09; Ord. No. 09-O-051, 5-19-09)
1.
When a final site plan is disapproved, the director of development and permits or designee, shall set out in writing the reasons for the disapproval and shall also generally identify the corrections or modifications that will permit approval of the plat.
2.
Upon disapproval of a final site plan, the applicant shall have a right of appeal as provided for under section 15.2-2260, Code of Virginia, 1950, as amended.
3.
Resubmittals shall be reviewed and approved or denied in the same manner as preliminary site plans as put forth in section 18-203 of this ordinance.
(Ord. No. 09-O-007, 1-27-09; Ord. No. 09-O-051, 5-19-09; Ord. No. 17-O-081, 11-21-17)
Specific provisions regarding the status and lapsing of preliminary and final site plans are contained in section 15-102 of this ordinance.
It shall be a violation of this zoning ordinance for any person to construct or structurally alter any building or structure or to develop or modify land for which a site plan is required, except in accordance with approved site plan. All improvements required by this ordinance and shown on approved site plans shall be built to the city's standards and specifications, including those established by the various city departments, and shall be installed by and at the expense of the developer.
Where a site plan is required under this zoning ordinance for the construction or structural alteration of any building or structure or the development or modification of any land, no building permit shall be issued for such activity until the required site plan has been approved.
All applications for building permits shall contain the following documents:
A.
Sites for which site plans required. In the case of sites for which a site plan is required under this ordinance, two copies of the approved final site plans, and such other documents as the zoning administrator may require.
B.
Sites for which site plan not required. In the case of the construction, installation or alteration of a building or structure on a site, for which a preliminary and final site plan is not required under this article, the application shall include the following:
a.
Three (3) copies of plans drawn to scale by a licensed engineer, architect or land surveyor, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of existing buildings, permanent structures and existing and proposed easements, if any; and the location and dimensions of the proposed building or alteration.
b.
For structures located in a floodplain district, all information required under sections 26-91 through 26-95 of the city Code.
c.
Vertical elevations on each corner of the building.
d.
Vertical elevations on each corner of the property.
e.
Finished floor elevation of the building.
f.
An informational statement which includes the flood zone where the property is located.
g.
Where the lot is part of an approved subdivision plat, a drainage statement as follows: lot grading shown herein is in accordance with the latest approved subdivision construction plans.
h.
The property's legal description, including map book and page number.
i.
Such additional site information as may be required under the Uniform Statewide Building Code.
j.
Such other information as the zoning administrator may require to ensure conformance of the plans with this zoning ordinance.
The director of development and permits, or designee, shall have the authority to waive or modify one or more of the above requirements for building permit applications for accessory structures and additions to existing principal structures.
(Ord. No. 04-O-011, 1-20-04; Ord. No. 09-O-051, 5-19-09)
One copy of the plans shall be returned to the applicant by the building inspector after the inspector has marked such copy either as approved or disapproved and attests to same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the director of development and permits, or designee.
(Ord. No. 04-O-011, 1-20-04; Ord. No. 09-O-051, 5-19-09)
A.
Site plan certifications. No certificate of occupancy shall be issued for a building constructed on a site which is subject to the site plan requirements of this ordinance until a written certification has been submitted to the director of development and permits, or designee certifying that the site construction substantially conforms to the approved final site plan and all approved plan revisions. The certification shall be made by a professional engineer, licensed by the commonwealth of Virginia, in accordance with the requirements of the Public Facilities Manual.
B.
Reliance on certifications. The certifications described above shall be relied upon as establishing compliance with final site plan requirements, subject to the authority of the director of development and permits, or designee, to require on-site inspection when questions regarding site plan compliance are raised.
(Ord. No. 04-O-011, 1-20-04; Ord. No. 09-O-007, 1-27-09; Ord. No. 09-O-051, 5-19-09)