The purpose of these requirements is to promote the orderly development of certain activities in the town and to ensure that such activities are developed in a manner harmonious with surrounding properties and in the interest of the general public welfare. To achieve these ends and to assure compliance with all applicable requirements of this chapter, site plans shall be reviewed and approved, approved with conditions or disapproved by the planning commission.

(Ord. of 5-8-01)

(a)

Planned unit developments.

(b)

Any development that involves the provision of public improvements, such as curbs, parking, water, sewer and stormwater facilities and improvements involving land disturbance.

(c)

All new buildings and residential structures shall provide required right-of-way, sidewalks, curb and gutter, lighting and landscaping in accordance with this chapter.

(d)

Accessory buildings are exempted from requiring a site plan, subject to providing a scaled sketch or drawing, which complies with all requirements of this chapter.

(e)

A single-family dwelling or a single-family attached dwelling not exceeding two (2) units are exempted from requiring a site plan, subject to providing an engineered house location survey and grading plan, certified by an engineer, architect, or land surveyor authorized by the Commonwealth of Virginia. Public improvements as required under subsection (c) above shall be shown on the survey and grading plan. However, for infill lots in developed areas in town, improvements and right-of-way dedication will be limited to the prevailing improvements on the street pursuant to and consistent with section 22-69(b) of Chapter 22, Subdivisions, of this Code.

(f)

Any additions to existing multifamily, commercial or industrial buildings and uses. Additions of less than ten (10) percent of the total square footage are permitted without a site plan.

(g)

Religious assembly and institutions, public and private schools, child care centers, hospitals, nursing homes and government offices. Family day homes are exempt from requiring a site plan subject to complying with all other requirements of this chapter.

(h)

Any development that meets the threshold for VDOT review as set forth in the Code of Virginia, § 15.2-2222.1, as amended.

(Ord. of 5-8-01; Ord. of 10-14-08; Ord. No. O-2011-007, 11-8-11; Ord. No. O-2013-009, 11-12-13)

Excluding section 27-262 of this article, where a change of use of an existing building or structure can be accomplished without adding or constructing parking spaces or constructing additional public improvements, the zoning administrator may waive site plan review, subject to the following:

(1)

The applicant shall prepare and submit to the zoning administrator three (3) copies of an as-built plan which contains the following information:

a.

Size, location and use of existing buildings.

b.

Total number of existing parking spaces and their location in relationship to the existing buildings. Parking spaces which are not paved in accordance with section 27-207 of this chapter shall not qualify as existing parking.

c.

Location of existing water and wastewater lines as well as existing landscaping.

d.

Ingress and egress to the property.

(2)

The zoning administrator, or his designee, shall review and approve or disapprove as-built plans. However, as-built plans may, at the discretion of the zoning administrator, be referred to the planning commission for a final decision.

(3)

In instances where a development plan or site plan exists in the department of planning and community development, such plan may be used to determine compliance with this article. An existing plan may be used only if the site was constructed substantially in accord with the approved plan.

(Ord. of 5-8-01)

(a)

Site plans or any portion thereof involving engineering, architecture, landscape architecture or land surveying shall be certified by an engineer, architect, landscape architect or land surveyor authorized by the commonwealth to practice as such.

(b)

Site plans shall be prepared to a scale of not more than one (1) inch equals one hundred (100) feet (1″ = 100′).

(c)

A site plan may be prepared in one (1) or more sheets to show clearly the information required by the article and to facilitate the review and approval of the site plan. If prepared in more than one (1) sheet, match lines shall clearly indicate where the several sheets join.

(d)

Every site plan shall show the name and address of the applicant, the north point, the date, the scale of drawing and the number of sheets. In addition, it shall reserve a blank space three (3) inches wide and five (5) inches high for the use of the approving authority.

(Ord. of 5-8-01; Ord. of 12-9-14)

(a)

All site plans shall contain the following information:

(1)

Location of the tract by an insert map at a scale of not less than one (1) inch equals two thousand (2,000) feet (1" = 2,000') indicating the scale, the north arrow and such information as the names and numbers of the adjoining roads, streams and bodies of water, railroads, subdivisions or other landmarks sufficient to clearly identify the location of the property.

(2)

A boundary survey of the tract by bearings (degrees, minutes and seconds to the nearest ten (10) seconds) and distances (0.00 feet) as certified by a licensed land surveyor. Said survey shall be referenced horizontally to at least two (2) control monuments established by the town. At least two (2) permanent benchmarks, which shall be referenced vertically to the town system, shall be established on or near the site. Each sheet of the site plan shall identify coordinate values, pursuant to the Town of Culpeper coordinate system, for at least two (2) property corners which form the longest straight boundary line.

(3)

Certificate signed by the surveyor or engineer setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title.

(4)

All existing property lines; existing streets and easements, their names, numbers, and width; the location and sizes of existing sanitary and storm sewers, gas lines, water mains, culverts, and other utilities and their easements; existing buildings; existing watercourses, waterways or lakes and their names; and other existing physical features on or adjoining the property.

(5)

Existing zoning and zoning district boundaries on the property in question and on immediately surrounding properties, and present use of adjoining tracts.

(6)

Existing topography with a maximum of two-foot contour intervals. Where existing ground is on a slope of less than two (2) percent, either one-foot contours or spot elevations where necessary but not more than fifty (50) feet apart in both directions.

(7)

All off-street parking, loading spaces and walkways indicating type of surfacing, size, angle of stalls, width of aisles and a tabulation showing the number of parking spaces provided versus the number required.

(8)

All proposed water and sanitary sewer facilities, indicating all pipe sizes, types and grades and where connection is to be made to town or to other utility system, and other utilities and their easements. Existing and proposed topography with a maximum of one foot contour intervals must be shown for all easements. Proposed topography cannot exceed a ten (10) percent grade. Meter sizes for all buildings and estimated water consumption must be indicated.

(9)

The proposed location, general use, number of floors, height and floor area for each building, accessory and main, and where applicable, the number, size and type of dwelling units. Indicate the number of bedrooms for multiple family dwellings and townhouse dwellings.

(10)

Proposed finished grading by contours supplemented where necessary by spot elevations.

(11)

Provisions for the adequate disposition of natural and stormwater in accordance with design criteria and construction standards of the town, indicating location, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system.

(12)

Provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction.

(13)

Delineation of floodplain limits as shown by the most recently adopted map of the Federal Emergency Management Agency, Federal Insurance Administration.

(14)

For sites with the presence of potential wetlands and jurisdictional streams, a jurisdictional determination, approved by the U.S. Army Corp of Engineers, shall be required prior to the approval of a site plan.

(15)

For sites with the presence of potential wetlands and jurisdictional streams, a joint permit and Virginia water protection permit, approved by the U.S. Army Corp of Engineers and the Virginia Department of Environmental Quality, shall be required prior to the approval of a site plan.

(16)

A Virginia stormwater management permit, approved by the department of environmental quality is required prior to the approval of a site plan, if the site disturbs more than one (1) acre.

(17)

Location, type, size and height of fencing, retaining walls and landscaping where required under the provisions of the chapter.

(18)

A landscape plan, drawn to scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials.

(19)

The location and dimensions of proposed recreation, open space and required amenities and improvements, including details of disposition.

(20)

The location, character, size, height and orientation of proposed signs and outdoor lighting systems.

(21)

A bond estimate of public improvements as set forth in section 27-267 of this article.

(22)

The location of perimeter fencing and sign kiosk as required under section 27-267 of this article.

(23)

A traffic impact analysis, in accordance with Code of Virginia, § 15.2-2222.1, as amended.

(24)

Provisions for irrigation of all required landscaping (trees and shrubs) for retail commercial uses. Grass areas are not required to be irrigated. Watering of plants may be accomplished via an automatic sprinkler system or other means such as water bags and hand watering.

(25)

A separate easement plat showing all proposed easements, including right-of-way dedication, storm water management easements, storm sewer easements, utilities, etc.

(b)

All features and elements of the site plan required by this article shall in all respects conform to all applicable provisions and standards of the Code of Virginia and U.S. Code and this Code, including, but not limited to: chapter 4, buildings and structures; chapter 7, erosion and sediment control; chapter 9, housing and building maintenance standards; chapter 14, article II, control of health and nuisances; chapter 21, streets and sidewalks; chapter 22, subdivisions; chapter 24, utilities; and chapter 27, zoning.

(Ord. of 5-8-01; Ord. of 6-14-05; Ord. of 6-12-07; Ord. of 10-14-08; Ord. No. O-2011-007, 11-8-11; Amd. of 8-14-12; Ord. No. O-2013-009, 11-12-13; Ord. of 12-9-14; Case AMD-001-2015, 12-8-15; Ord. No. O-2021-001, 2-9-21)

(a)

The applicant shall submit to the zoning administrator fifteen (15) copies of a site plan and an electronic file of the same, together with the required fees, not less than forty-five (45) calendar days prior to the next regularly scheduled meeting of the planning commission. The zoning administrator shall check the plan for completeness within forty-five (45) days of receipt. If the plan does not contain all requirements necessary for compliance with the zoning ordinance, subdivision ordinance, facilities standards manual, and all rezoning and conditional use permit approvals, the zoning administrator shall return the plans as incomplete. The zoning administrator shall stamp the plan "Not Accepted" and return the plan for further work with specifications in writing or legible markings on the plan showing the lacking information.

(b)

The zoning administrator shall circulate the site plan to the relevant town departments, agencies and officials for written comments as to the proposed development's conformance to all applicable standards and requirements and whether approval of the site plan is recommended. The reviewing departments, agencies and officials may include, but need not be limited to, the town attorney, the director of public works, the town engineer, the utilities supervisor, the director of the electric department and the chief of police. The administrator shall see that all reviews are efficiently completed.

(c)

Except under abnormal circumstances, the site plan together with the comments received from the town staff shall be forwarded to the planning commission seven (7) days prior to the regular meeting.

(d)

Within ten (10) days after the meeting at which the site plan is reviewed by the planning commission, the applicant shall be advised in writing whether the site plan is approved, approved with conditions or disapproved. The applicant shall be notified of reasons for disapproval which may be contained in a separate document or written on the plan itself. The applicant shall submit to the zoning administrator nine (9) copies of resubmitted plans and electronic dwg file of the same, together with required fees.

(e)

In all cases, the planning commission must act within sixty (60) days from the date the site plan was received, unless the applicant requests further delay.

(Ord. of 5-8-01; Ord. of 6-14-05; Ord. of 6-12-07; Amd. of 8-14-12; Ord. No. O-2018-001, § 1, 2-13-18)

For developments within the central business district, prior to the issuance of a zoning permit, the applicant shall construct a minimum six-foot safety fence around the perimeter of the site. An identification sign shall be placed on the fence as follows:

(a)

Sign shall not be larger than thirty-two (32) square feet.

(b)

Sign shall contain the applicant's name and phone number.

(c)

Sign shall include a readable concept plan showing the general location and nature of improvements.

(d)

Sign and fencing shall be maintained in good order until it is removed as the development is completed.

(Ord. of 6-12-07)

(a)

Prior to the issuance of a zoning permit, there shall be executed by the applicant an agreement to construct such required physical improvements located within the public right-of-way or easements connected to any public facility in form and substance as approved by the town. Such agreement shall be accompanied by a bond with surety or conditions acceptable to the town in the amount of the estimated cost of the required physical improvements as determined by the departments, divisions, or agencies responsible for such improvements.

(b)

The aforesaid agreement and bonds or conditions shall be provided for the completion of all work covered thereby within the time specified. The time period may be extended upon written application by the applicant, signed by all parties, including the sureties, to the original agreement.

(c)

The adequacy, conditions and acceptabilities of any bond hereunder shall be determined by the town manager.

(d)

In any case where the town manager has rejected a bond, the applicant shall have the right to appeal such determination to the council.

(Ord. of 5-8-01; Ord. of 6-12-07)

Approval of a site plan submitted under the provisions of this article shall expire five (5) years from the date of approval unless building permits have been obtained for construction in accordance therewith. A single one-year extension may be given upon written request by the applicant to the planning commission within ninety (90) days before the expiration of the approved site plan. The planning commission shall acknowledge the request and shall make a decision regarding the requested extension within forty-five (45) days after the receipt of the request.

(Ord. of 5-8-01; Ord. of 6-12-07)

The zoning administrator may approve minor revisions to an approved site plan, providing that town requirements and specifications are not affected. Major revisions shall require that a new site plan be drawn and the review and approval process begun anew.

(Ord. of 5-8-01; Ord. of 6-12-07)

If the planning commission or zoning administrator disapproves a site plan and the applicant contends that such disapproval was not properly based on this chapter or was arbitrary or capricious, the applicant may appeal to the Culpeper County Circuit Court which shall hear and determine the case as soon as may be practicable, provided that his appeal is filed with the circuit court within sixty (60) days of the written disapproval by the planning commission.

(Ord. of 5-8-01; Ord. of 6-12-07)

State Law reference— Plat of proposed subdivision and site plans to be submitted for approval, Code of Virginia, § 15.1-475.

No permit shall be issued for any structure in any area covered by the site plan that is required under the provisions of this article except in conformity to such a plan which has been duly approved.

(Ord. of 5-8-01; Ord. of 6-12-07)

(a)

Unless otherwise specifically provided in this chapter, the construction standards for all off-site improvements and on-site improvements required by this article shall conform to town design and construction standards and the approved site plan.

(b)

Inspections during the installation of the off-site improvements and required on-site improvements shall be made by the department responsible for such improvements as are required to certify compliance with the approved site plan and applicable town standards.

(c)

The owner shall notify the town manager in writing three (3) days prior to the beginning of all street or storm sewer work shown to be constructed on the site plan.

(d)

The owner shall provide adequate supervision on the site during the installation of all required improvements and have a responsible superintendent or foreman, together with one (1) set of approved plans, profiles and specifications, available at the site at all times when work is being performed.

(e)

Upon satisfactory completion of the installation of the required improvements, the owner shall receive a certificate of approval from the zoning administrator. The town manager will authorize the release of any bond which may have been furnished for the guarantee of satisfactory installation of such improvements or parts thereof upon notice by the zoning administrator that the improvements have been satisfactorily completed.

(f)

The installation of improvements as required in this article shall in no case serve to bind the town to accept such improvements for the maintenance, repair or operation thereof, but such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement.

(Ord. of 5-8-01; Ord. of 6-12-07)

A final occupancy permit may be issued for any appropriately completed building or part of building located in a part of the total area of an approved site plan, such part of the total area to be known as a section, provided, that:

(1)

The other on-site construction and improvements included in the approved site plan for the section have been completed and have been inspected and accepted by the zoning administrator, the town manager and the county health officer or their agents.

(2)

The off-site improvements related to and necessary to service the section has been completed, inspected and accepted by the town manager or his agents, or the applicant has provided surety acceptance to the town.

(Ord. of 5-8-01; Ord. of 6-12-07)

Any site plan that is conditionally approved by the planning commission and/or subject to addressing technical review committee comments must be completed and all comments addressed one hundred eighty (180) days following planning commission approval. Failure to meet the one-hundred-eighty-day time limit will require that a new site plan be drawn and the review and approval process begun anew.

(Ord. of 10-14-08)

(a)

Any valid final site plan outstanding as of January 1, 2011, shall remain valid until July 1, 2017, or such later date provided for by the terms of the town's approval, local ordinance, resolution or regulation, or for a longer period as agreed to by the town council by express action and recorded roll call vote. Any other plan or permit associated with such site plan extended by this section shall likewise be extended for the same time period.

(b)

The extension of validity provided in subsection (a) shall only be effective (i) if performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development (hereinafter, the "guarantees") are continued in force or (ii) as provided in paragraph (c) of this section.

(c)

For final site plans outstanding as of January 1, 2011, if the guarantees have continuously been in place since approval of the final site plan, no changes to the final site plan are required. If the guarantees for a final site plan outstanding as of January 1, 2011, lapsed after the approval of the final site plan, or if the guarantees for a final site plan outstanding as of January 1, 2011 were not provided to the town until after December 9, 2014, then the final site plan must be amended and resubmitted to comply with all current ordinance requirements.

(Ord. No. O-2009-010, § 1, 8-11-09; Amd. of 8-14-12; Ord. of 12-9-14)

Upon the satisfactory completion of all required improvements shown on the approved major site development plan, the developer shall submit four (4) copies of the completed as-built site plan and electronic file of the same. Such plan shall be submitted one week prior to the anticipated occupancy of any building for the review and approval for conformity with the approved site plan and the ordinances and regulations set forth in this chapter.

(Amd. of 8-14-12)