1.

Title and Application. The City shall require submission and approval of a plan of site development, hereinafter referred to as the "site plan", prior to the issuance of zoning permits and building permits to ensure the compliance with regulations contained in the Zoning Ordinance (hereinafter "ordinance") and, specifically, this article, which shall be hereinafter referred to as the "Site Plan Requirements" pursuant to Section 15.2-2286 of the Code of Virginia (1997).

2.

Relationship to Comprehensive Plan. The site plan requirements shall be employed to implement the Comprehensive Plan, the Future Land Use Plan, this ordinance, and the City's expressed growth management objectives. The Comprehensive Plan provides for a balanced development policy which accommodates and directs future growth in a manner sensitive to existing amenities, sensitive environmental areas, historic areas and significant cultural features. There is mutual responsibility between the City and the developer to develop land within Danville in an orderly manner in accordance with the adopted Comprehensive Plan. Therefore, the Comprehensive Plan shall serve as a general guide to the developer in the land development process.

3.

General Purpose and Process.

A.

The purpose of this article is to facilitate the utilization of the most advantageous site improvement techniques in the development of land within the City. The site plan requirements promote contemporary standards in the siting, design, landscaping and implementation of development to ensure that land is used in a manner which is efficient and harmonious with neighboring properties.

B.

This article also provides for a preliminary and final site plan review process by the City's Plan Review Committee and establishes requirements for residential lot development plans within certain districts.

C.

Site plans and related public improvements plans, landscape plans, plats, design calculations, construction specifications and architectural drawings, which are to be prepared and approved in accordance with the provisions of this article, shall be required by the City in the review of site development applications. Site plans shall be prepared and submitted for development approvals to assure compliance with the adopted Comprehensive Plan, the Zoning Ordinance, and other related ordinances and adopted facilities plans including, but not limited to corridors, transportation, sanitary sewer, drainage, stormwater management, water, recreation, lighting and open space.

D.

Nothing herein shall require the approval of any development or land use, or any feature thereof, which shall be found by the Planning Commission to constitute a danger to the public health, safety or general welfare, or which shall be determined by the Planning Commission to be a departure from, or violation of, sound engineering design or standards.

E.

No work or site preparation may begin before the applicant for a project has received an approved site plan, erosion and sediment control plan, and subdivision plat (if required).

4.

Non-Conforming Uses, Structures and Sites (General). A change or addition to any non-conforming use, structure, or site subject to a major or minor site plan shall require that the entire use, structure, or site (including both the nonconforming and conforming improvements) be brought into full conformance with all of the requirements of this ordinance, provided that the Planning Commission, upon recommendation by the City Manager (or his designee, hereinafter referred to solely as "City Manager"), may waive a portion or all of the individual requirements for conformance.

5.

Costs of Development. The developer shall be responsible for all costs incurred in planning, engineering, bonding, constructing, installing and testing of all public facilities and infrastructure as well as other necessary improvements required to complete the proposed project.

6.

Fees. The developer shall pay all applicable plan review fees at the time of submission of a site plan or plat, including pro-rata share fees for off-site improvements and cash proffers. Fees for site inspections and other aspects of the development process shall be due and payable in accord with the site development fee schedule.

The site development fee schedule is available from the office of the City Manager.

(Ord. No. 2004-02.04, Art. 12, § A, 2-17-04)

1.

General. The City Council designates the City Manager to review and act to approve or disapprove site plans within its jurisdiction. In the performance of its duties, the City Manager shall request and consider the review and comments of the City Manager and/or his designee and the Plan Review Committee and other public agencies as may be deemed appropriate.

2.

Authority to Review and Approve Site Plans. The City Manager shall administer, review and provide a recommendation concerning any site plan submission. Subject to the scope and nature of the planned project, final approval of any given site plan may be granted by the City Manager, subject to input and recommendations from the Review Committee.

a.

The City Manager shall be responsible for the receipt and processing of all site plan applications subject to the procedures as hereinafter provided.

b.

The City Manager may establish, from time to time, such proper and reasonable administrative procedures, in addition to those provided herein, as shall be necessary for the proper administration of this article.

c.

It shall be the responsibility of the applicant, owner or developer to notify the City Engineer when each stage of the development shall be ready for field inspection for compliance with the approved site development plan in accordance with testing and inspection schedules and regulations promulgated by this article, ordinance and the City's Design and Construction Standards Manual.

d.

City staff and other designated public officials responsible for the supervision, inspection, testing and enforcement of this article shall have the right to enter upon any property subject to the provisions of this article and ordinance at all reasonable times during the periods of plan review and construction for the purpose of ensuring compliance with this article.

(Ord. No. 2004-02.04, Art. 12, § B, 2-17-04)

A preliminary and final site plan for land development activities are required for projects involving the following:

1.

Uses in any of the commercial zoning districts.

2.

Uses in any of the industrial zoning districts.

3.

Uses in the attached and multifamily zoning districts.

4.

Uses in the mobile home park district.

5.

Uses requiring a special permit in any district.

6.

Enlargement of a building which results in changes in onsite parking requirements, provided that such enlargement exceeds twenty-five percent (25%) of the gross floor area of the original building or 2500 square feet, whichever is less.

7.

Uses and facilities which have frontage on the Dan River.

8.

Installation, extension or change of a public water or sewer main.

9.

Parking lots intended for public use in a residential, commercial or industrial zoning district.

10.

Installation or change of a public water or sewer pump facility.

11.

Installation or change of a public water storage facility.

12.

Installation or change of a public water or sewer treatment facility or installation or change of a private sewer treatment or pretreatment facility.

13.

Construction of a new street or extension of an existing street and related infrastructure.

14.

Development of a road or street lying within a previously platted public right-of-way.

15.

Any disturbed areas greater than 5,000 square feet in total land area, except single family homes and other uses that are exempted by E&S Control regulations.

16.

Enlargement of a parking lot in a residential, commercial or industrial zoning district, increasing parking spaces by more than ten (10) spaces.

17.

Any development in a residential, commercial or industrial zoning district in which any required off-street parking space requiring more than ten (10) parking spaces which is to be used by more than one establishment.

(Ord. No. 2004-02.04, Art. 12, § C, 2-17-04)

The City Manager may waive the requirement for the applicant to submit a preliminary site plan or a final site plan (or any portion thereof) upon consideration of the following uses, conditions, and circumstances:

1.

Where it can be clearly established by the applicant that the use will not require the improvements subject to review in this article.

2.

Where is can be clearly demonstrated by the applicant that a waiver from the requirement to submit a site plan (or a portion thereof) will be in keeping with the intent of this article.

3.

Where it can be clearly shown that the application for a site plan and building permit involves building and safety regulations which are not critical to the purpose and intent of this ordinance.

4.

Where it can be clearly established by the applicant that such waiver will not have an adverse effect on (a) the public health, safety, welfare, and convenience, (b) the planning for and provision of adequate public facilities, utilities, drainage, environmental controls, and transportation facilities, (c) preservation of agricultural, forestry and conservation lands, and (d) other relevant considerations related to the Comprehensive Plan.

5.

Where it can be shown that any change in, or expansion of, a use meets all of the following criteria:

a.

Such change or expansion does not occasion additional parking as required by this ordinance;

b.

No additional ingress/egress to a public street or change in ingress/egress is recommended by the City Manager based on intensification or use;

c.

No additional ingress/egress or alteration of existing ingress/egress is proposed;

d.

Disturbed area is less than 5000 square feet in area; and

e.

It has been verified in writing by the City Manager that availability and connection to water and sewer are attainable.

6.

An applicant seeking a waiver from a requirement to submit a preliminary site plan or a final site plan (or any portion thereof) shall provide written documentation to the City Manager addressing all of the applicable above conditions for waiver. Subject to the scope and impact of the requested waiver, the City Manager, at his sole discretion, may either (a) act upon the waiver request, or (b) refer the waiver request and applicant's supporting documentation to the Planning Commission for action at its next regularly scheduled meeting. The applicant shall be notified in writing by the City Manager within ten (10) days upon action by either the City Manager or the Planning Commission.

7.

Notwithstanding any grant of waiver by the City Manager or the Planning Commission, the applicant is required to show evidence of having obtained a building permit, erosion and sediment control permit, and, upon completion of improvements, a certificate of occupancy.

(Ord. No. 2004-02.04, Art. 12, § D, 2-17-04)

1.

Requirement for Preliminary Site Plan Conference and Preliminary Site Plan.

a.

A Preliminary Site Plan and Conference is required for a developer or owner prior to undertaking the review process for a site plan. The Preliminary Site Plan Conference allows the applicant to review the preliminary site plan with the Plan Review Committee prior to the preparation of the final site plan, and to better understand and anticipate key planning issues, site plan submission requirements, and site-related design issues which may be deemed essential by the City during the subsequent final site plan review process.

b.

A Preliminary Site Plan and Conference does not negate the requirement for the submission of: (1) a preliminary site plan, (2) a final plat (as may be required by the Subdivision Ordinance), (3) a site plan, (4) erosion and sediment control plans, and/or (5) any other applicable provisions of this article and ordinance.

2.

Preliminary Site Plan Conference Objectives. The applicant shall contact the Director of Planning/Zoning Administrator to schedule a Preliminary Site Plan Conference. The purpose of this conference is to review the City's evaluation of the preliminary site plan with respect to the following considerations:

a.

Location, use, design, scope, type, density, physical characteristics and phasing of proposed development.

b.

Coordination of the proposed development with the Comprehensive Plan, all adopted master facilities plans, the capital improvements program, and plans for development of neighboring properties.

c.

Coordination of transportation improvements with other existing and planned streets within the general area of the proposed development and otherwise in keeping with the provisions of the transportation element of the adopted Comprehensive Plan and other adopted transportation plans.

d.

Reasonable regulations and provisions uniquely applicable to the proposed development as related to topography, soils, geology, public utility and facilities service, drainage and flood control, transportation, environmental and historic impact, economic development, and facilitation of the creation of a convenient, attractive and harmonious development.

e.

Coordination of proposed development with applicable ordinances, design guidelines and development criteria.

f.

Other matters related to review of preliminary site plan.

3.

Information Required on a Preliminary Site Plan. Ten (10) copies of the preliminary site plan shall be submitted ten (10) calendar days prior to the scheduled date of the Preliminary Site Plan Conference.

The preliminary site plan shall show the following:

a.

Name, address and telephone number of owner or developer.

b.

Indicate scale (to be one inch equal not more than thirty (30) feet, with a maximum sheet size of 24" x 36", and date of plan preparation.

c.

Name, address and telephone number of preparer of plan.

d.

Vicinity map.

e.

Current boundary survey of the lot by bearings and distances, and a north arrow.

f.

The area of the lot and gross acreage or square footage of area to be developed, including calculations of net developable area.

g.

The location of the proposed and existing edge of pavement or curb line and other public improvements along the frontage of the property.

h.

Size, location and use of existing and proposed buildings.

i.

Location of the proposed site improvements (including utilities, drainage conveyance, building and site signage, buildings, streets, site lighting, driveways and parking areas) and distances from all property lines.

j.

The dimension, height and use of the proposed building improvements.

k.

Limits of clearing and grading.

l.

Existing zoning (including conditional zoning and proffer agreements), zoning district boundaries and proposed changes in zoning, if any.

m.

Existing topography and a preliminary grading plan depicting finished contours, with contour intervals of two feet or less.

n.

Proposed location, alignment, easements, and sizing of proposed utility service for potable water, fire protection and sanitary sewer.

o.

Certification in writing from the City that availability and connection to water and sewer are attainable.

p.

Location of wetlands and impacts of the proposed development thereon, with copies of state and federal permit applications and permit approval related to any proposed disturbance to the wetlands.

q.

Location of 100-year floodplain boundaries and impacts of the proposed development thereon, employing FEMA mapping where available and for areas where development may encroach upon areas which may be subject to periodic flooding, engineering calculations and mapping for 100-year floodplains which have not been mapped by FEMA.

r.

Location of stormwater management facilities and BMP measures.

s.

Location and boundaries of significant geological formations which could impact development potentials of the property, including sinkholes and significant rock outcrops.

t.

Phasing plan for the proposed development, if the project is to be developed in more than one phase, with a narrative explanation of how phasing and completion of project is to be accomplished.

u.

References to and location of survey datum, employing the State Plane Coordinate System (specifically indicate State Plane Zone and a NAD coordinate system) and National Mapping Standards accuracy for urban surveys.

(Ord. No. 2004-02.04, Art. 12, § E, 2-17-04)

1.

Copies Required. Ten (10) sets of all final site plans shall be submitted in clearly legible blue or black line copies and shall contain the information outlined in this section. A major site plan is hereinafter referred to as a "site plan" in this section. Site plans which lack information required by this section, the Final Site Plan Checklist, and/or the City's Design and Construction Standards Manual shall be deemed to be incomplete and shall be rejected.

2.

Fee Required. Payment of the site plan review fees per the fee schedule adopted by the City Council for costs associated with the review of any site plan shall be required at the time of submission of the site plan.

3.

Site Plan Certification. Site plans or any portion thereof involving engineering, architecture, geology, environmental science, or land surveying shall be certified by an engineer, architect, land surveyor, or landscape architect who is duly qualified to practice and whose professional practice is duly registered by the State of Virginia.

No person shall prepare or certify design elements of site plans which are outside the limits of their professional expertise and license. All sheets and calculations submitted with any site plan shall bear the seal and signature of the respective design professional(s).

4.

Information Required on Major Site Plan. This section outlines the required information on site plans (major site plans). The applicant shall employ as many sheets as necessary to incorporate the following minimum requirements.

•

The sheet size shall be no larger than 24" x 36" in size, pursuant to the approval for change in sheet size by the City Manager;

•

The minimum scale of any site plan shall be 1" = 30';

•

All site plans shall be prepared on a current base map which shows existing topography with contour intervals of two feet (2') or less, extending a minimum of twenty-five (25) feet minimum beyond property lines;

•

Topographic mapping shall depict all natural and cultural features for the property, as well as supplemental existing spot elevations;

•

A north arrow shall be included on all plan sheets; and

•

All sheets shall be bound into a single document, and each sheet shall include the seal and signature of the design professional.

a.

Project Cover Sheet. The application shall prepare a cover sheet which clearly depicts the following:

1.

Title of project.

2.

Name, address, phone number and professional seal of preparer of (a) plan, (b) boundary survey, and (c) topographic mapping.

3.

Name, address and phone number of owner of property.

4.

Tax map number, parcel number, and deed book reference for parcel or parcels subject to development.

5.

Zoning classification (both existing and proposed, if changing).

6.

Description of planned land use, along with projected number of employees (for non-residential land uses) and other information related to the activities to be conducted on the property.

7.

Date of plan and mapping preparation.

8.

Vicinity map and location of zoning district boundaries.

9.

Gross acreage (or square footage) of property.

10.

Net developable area of property and supporting calculations.

11.

Copy of rezoning proffers, special use permit conditions, and waivers or variances granted.

12.

A blank space, sized 4" x 4", for City review and approval notations.

b.

Boundary Survey Information. A current certified boundary survey of the property prepared to National Mapping Standards accuracy shall be submitted with the site plan in both paper and digital form and shall include the following:

1.

Title, title source, and name of owner of lot and subdivision names and/or lot owners for surrounding lots.

2.

Metes and bounds of property.

3.

Location and metes and bounds of all existing property lines, rights-of-way and easements.

4.

Names of existing streets in and adjoining the development.

5.

Setback and yard lines in accord with zoning requirements.

6.

Location of 100-year floodplain boundaries, employing FIRM mapping boundaries or engineered boundaries in absence of FIRM information.

7.

Tax map number, parcel number, deed book reference and zoning designation for parcel or parcels subject to development.

8.

Tax map number, parcel number, deed book reference and zoning designation for adjacent parcels.

9.

Reference to survey datum. Horizontal control shall be based on Virginia State Plane Coordinate System in the most current North American Datum coordinate system.

10.

All digital survey data must be contained in a .dxf file or other format acceptable to the City on either a 1.44 mb floppy disk(s), 100 mb zip disk(s), compact disc(s), or other data storage media, and the submission file must contain a list providing the name and a brief description of each layer in the file.

11.

Statement of boundary survey closure accuracy and compliance with National Mapping Standards including a certification that the digital data is a true representation of the paper copy.

c.

Minimum Information to be included in a Final Site Plan.

1.

Location, dimensions, design sections and construction specifications of all site improvements, including, but not limited to, existing and proposed streets, travelways, alleys, curb and gutter, sidewalk and driveways, including proposed street names and locations for street lights, street signs, and traffic signals.

2.

Location of existing and proposed buildings and accessory structures, including land area coverage and floor elevations of proposed use.

3.

Location of existing utilities within and adjacent to the development including size and elevation. Provide elevation profile where grading is proposed above utility or within easement limits.

4.

Site plan and design profiles of proposed streets and travelways (public or private) depicting:

(a)

Street stations at appropriate station intervals;

(b)

Percent of longitudinal grades;

(c)

Elevations at 50-foot stations in vertical tangent sections and on 25-foot stations in vertical curves;

(d)

Finished grades and finished grading contours (on site plans);

(e)

Spot elevations for all non-typical sections;

(f)

Locations of entrances, taper design and any necessary structures and roadway appurtenances;

(g)

Horizontal and vertical curve data, including definition of curve control point (PI, PC, PT, PVI, etc.);

(h)

Sight distances for all crest and sag vertical curves;

(i)

Sight distances (horizontal and vertical) at all street intersections and road entrances other than single family driveways, unless warranted by unique topographical conditions;

(j)

Street intersections showing spot elevations along curb radii and in pavement area to define surface drainage patterns;

(k)

Super-elevation tables shall be provided where roads and streets require super-elevation;

(l)

Typical pavement detail shown for design and cross slope.

5.

Site plan location and design specifications for off-street parking, travelways, parking lots, sidewalks, and loading areas, including:

(a)

Building square footage/use class unit;

(b)

Site access plan for internal traffic and pedestrian circulation, including handicap access;

(c)

Size of parking spaces, angle of stalls, width of aisles;

(d)

Travelway and parking lot pavement sections;

(e)

Pavement design calculations;

(f)

Parking calculations, including ADA requirements;

(g)

Provisions for emergency access/fire protection;

(h)

Location and marking of permanent fire lanes, if required;

(i)

Pavement striping and marking;

(j)

Finished grades and spot elevations at critical design points.

6.

Location, size, and characteristics of geophysical and environmental features (such as wetlands, ponds, springs, streams, watercourses, adverse soils conditions, etc.) and other conditions which impact the calculation of net developable area, as defined. The site plan for a project shall graphically depict the location of and calculations for net developable area. This information shall be provided for the site's physical land units (to the nearest 0.1 acre) as outlined below.

(a)

Slopes less than 20%;

(b)

Slopes from 20% but less than 30%;

(c)

Slopes 30% or more;

(d)

Soils with high shrink/swell characteristics;

(e)

Rivers, wetlands, water features and streams;

(f)

Stormwater management basins and structures;

(g)

Floodplains;

(h)

Above-ground 69 KV or greater transmission lines;

(i)

Public rights-of-way.

7.

Location, size, design profiles and design calculations for proposed domestic water service and sanitary sewer mains and laterals. Invert elevations shall be shown to the nearest 0.01' accuracy. Location of gas, telephone, electric and other utility lines and other underground or overhead structures in or affecting the project. Plans shall include detail of utility appurtenances and construction procedures. If irrigation wells are proposed, well locations are to be designated.

8.

Site plans for projects which require utility pumping storage or treatment facilities shall be supported by appropriate structural, hydraulic, electrical and mechanical plans and construction specifications.

9.

Detailed site grading plan depicting finished contours, to be prepared at a minimum two (2) foot contour interval, with spot elevations, as required, at key locations of paving, sidewalks, curb and gutter, and other proposed surface improvements.

10.

Site plan and design profiles for storm water drainage improvements, including locations of existing and proposed stormwater drainage conveyance pipes, culverts, channels and drop inlets, indicating size, type and grade of all proposed improvements. Typical sections and linings for all channels shall be included. Invert elevations and other design details for all drainage improvements shall be shown to the nearest 0.01' accuracy. Energy grade lines shall be shown on profiles. A drainage delineation map, prepared at the same scale as the site plan, shall include drainage divides and areas of contributing runoff to proposed improvements.

11.

Site plan and design profiles for stormwater management (SWM) and Best Management Practices (BMP) structures, including detailed plan and section views of retention/detention ponds, underground storage structures, and other SWM/BMP facilities. Elevations for the calculated 2-, 10-, and 100-year post-development water surface elevations shall be shown.

12.

Location, width and purpose of all existing and proposed utility right-of-ways and easements.

13.

Location and boundaries of existing water courses, the existing 100-year flood plain and floodways employing either FIRM mapping or engineering floodplain studies and mapping using HEC I and II procedures where FIRM information does not exist. In areas where development may encroach upon floodplains or floodways, the City Manager may require both a pre-development and post-development floodplain study.

14.

Location of sinkholes and significant rock outcrops.

15.

Erosion and sediment control plan, specifications, design standards; and narrative report.

16.

Site plan location and design criteria for the following:

(a)

Recreation areas (including playgrounds, courts, fields, pedestrian walkways, bike paths, etc.);

(b)

Open space, including required land area calculations;

(c)

Site amenities;

(d)

Retaining walls (include calculations);

(e)

Site and building signage, including street and advertising signs;

(f)

Site lighting (exterior and building mounted), including height, illumination intensity, foot-candle distributions, and fixture type and shielding, as required). A lumen plan for site lighting addressing City site lighting standards is required;

(g)

Provisions and location for public trash pick-up;

(h)

Refuse collection and dumpster locations, including access and screening;

(i)

Locations and design for traffic control devices and signalization;

(j)

Building and structural footings.

17.

Landscape and screening plan, to be prepared in accord with Article 9 of this ordinance.

18.

Water quality impact assessment for development of properties with river frontage.

19.

Storm drainage and stormwater management engineering report, to include:

(a)

Hydrologic calculations and hydraulic modeling of the contributing drainage basin;

(b)

Energy grade line calculations for all enclosed pipe systems;

(c)

Storm runoff for pre-development and post-development characteristics, based the Modified Rational Formula, the TR-55 methodology or other appropriate modeling techniques as approved by the City;

(d)

Analysis and verification of receiving channel capacity and adequacy to accommodate runoff generated by proposed project;

(e)

Stormwater management pond or retention/detention structure routing calculations and hydraulic performance analysis of the proposed facility; and

(f)

Storm culvert, pipe, and inlet (street and yard) design loading and sizing calculations.

20.

Geotechnical report for proposed buildings, structures, streets, pavements, foundations, and other infrastructure, subject to requirements of the Director of Planning/Zoning Administrator.

21.

Foundation design calculations and construction criteria, where required by the City.

22.

Pavement design calculations for all streets and travelways.

23.

A phasing plan, if the development is to be constructed in more than one phase. The phasing plan shall clearly indicate by phase lines, notes or other methods which facilities are to be constructed under each phase. Plans shall indicate locations of contour tie-ins for each phase and specific measures for phased termination of all water, sewer, storm drainage, streets and other public improvements. Plans for erosion control and drainage facilities shall be designed and displayed independently for each phase.

24.

Articles of incorporation, covenants and property maintenance documents related to the ownership, management, and maintenance functions for any condominium development or other property wherein common ownership agreements exist or as otherwise required by this ordinance.

25.

Statement of facility and land use operations and activities, including hours of operation, number of employees and number of work shifts.

26.

Site plan check list, certified by preparer of plan.

d.

Provisional Information on Final Site Plans. The City Manager may require any or all of the following information and any other materials as may be deemed necessary for its review:

1.

Statement of estimated construction time.

2.

Photographs and maps relating proposed use to surrounding properties.

3.

Site design drawings, showing building configuration, topography and relationship to site improvements, color and building materials.

4.

Architectural drawings showing plan and elevations of new planned construction or renovations, including drawings of the original building.

5.

Traffic impact assessment in accordance with criteria provided in the City's Design and Construction Standards Manual.

(Ord. No. 2004-02.04, Art. 12, § F, 2-17-04)

Following the purposes of this article and to assure the public safety and general welfare, no site plan shall be approved unless and until the City is assured that the following improvements and minimum design criteria will be implemented as required. In addition to requirements outlined herein, all site improvements are to be provided in accord with the City's Design and Construction Standards Manual, applicable corridor overlay design standards, and the Erosion and Sediment Control Ordinance.

1.

Street Construction and Design Standards. All street and highway construction and geometric design standards shall be in accord with the City's Design and Construction Standards Manual and any applicable VDOT design and construction standards which has been adopted by the City.

a.

All development in all zoning districts must have direct access to public dedicated streets or highways. Such developments are to be designed so that interior parcels or lots will not have direct access to any existing arterial highway unless the physiography, shape or size of the tract would preclude other methods of providing access.

b.

Where traffic generated from any development exceeds 1500 vehicle trips per day, or when a residential subdivision contains 150 or more dwelling units (whichever is less), such development or subdivision shall provide connectors to any existing public road at two locations. Where only one connection is physically achievable, the connecting portion of the entrance roadway must be of a four-lane divided standard extending into the development for a length of not less than 250 feet or as otherwise determined by the City Manager. No interval vehicular connections shall be permitted to this entrance section.

c.

Streets and rights-of-way shall be provided and designed to permit access to adjoining acreage in conformance with the Comprehensive Plan and other transportation plans and to the satisfaction of the City Manager and the Planning Commission.

d.

Curb and gutter shall be required on all new public and private streets in all commercial and industrial developments and in residential subdivisions where the median lot size is 15,000 square feet or less.

e.

Where public or private streets are to be constructed in phases, such streets shall be terminated with a temporary cul-de-sac or other temporary turn-around acceptable to the City Manager. Where temporary turnarounds are provided, adequate rights-of-way and/or temporary access and construction easements shall be designated on site plans and subdivision plats.

2.

Parking, Loading and Site Access.

a.

For all residential, institutional and commercial uses, other than single family homes, all required off-street parking spaces, parking lots, loading spaces, and onsite vehicular access shall be constructed of a permanent all weather, stabilized, dust free surface (concrete or asphalt) with curb and gutter and in accordance with the City's Design and Construction Standards Manual.

b.

For industrial uses, all employee and customer parking, as well as all entrances into parking areas, shall be constructed of an all weather, stabilized, dust free surface which is clearly defined from adjoining onsite improvements and in accordance with the City's Design and Construction Standards Manual.

c.

For industrial uses, surfacing may be waived only for areas used for heavy equipment parking and loading areas.

d.

Surfacing requirements may also be waived or modified for uses in the City's historic districts.

e.

Curb and gutter shall be required on all new private travelways, private streets, and travelways, loading areas and parking lots within a lot which serves 20 or more vehicles, provided that storm drainage can be adequately accommodated.

f.

Parking lots shall be adequately illuminated during non-daylight hours. Lighting shall be designed, shielded, and otherwise arranged to direct light and glare away from abutting properties and adjacent rights-of-way. Lighting fixtures in parking lots should be compatible with the architectural characteristics of the development. A lighting study may be required with the submission of a site plan.

g.

Dimensional requirements and design criteria for parking spaces, parking lots and loading areas shall be in accord with the City Design and Construction Standards Manual.

h.

Refer to Landscaping and Screening, Article 9, for parking lot landscaping requirements.

3.

Sidewalks and Pedestrian Walkways.

a.

Sidewalks within public rights-of-way shall be required on all new public streets or other areas of a site where in keeping with the Comprehensive Plan and other City public improvements plans. Sidewalks shall be constructed of concrete and otherwise in accord with the City's Design and Construction Standards Manual, except in cases where other materials may be approved by the Planning Commission based on its suitability to its environs and its natural setting. In such cases, materials to be considered may include asphalt, concrete, brick, etc.

b.

Construction of bicycle facilities on new public streets or other areas of a site in accordance with the Comprehensive Plan and the City's bicycle and pedestrian plans shall be provided as recommended by those plans. When an individual lot which does not involve a public street is developed, additional right-of-way to provide for future bicycle facilities shall be dedicated as recommended by the Director of Planning/Zoning Administrator.

4.

Lots and Yards. Lot and yard sizes shall conform to applicable zoning district regulations of this ordinance.

5.

Easement Widths. Minimum easement width shall be established as required in the City's Design and Construction Standards Manual.

6.

Hydrologic and Hydraulic Analysis. Engineering documentation shall be provided and certified for all storm drainage improvements, stormwater management facilities, and BMP facilities. Floodplain studies may be required at the option of the City Manager or his designee. Analysis and design recommendations shall take into consideration the impact of 2-, 10-, and 100-year storm intensities, both pre- and post-development.

7.

Storm Drainage Systems and Stormwater Management. The policies for drainage systems and stormwater management are to be in accord with the City's Design and Construction Standards Manual. In general, onsite storm drainage and stormwater management structures shall be constructed in concert with all site development activities and post-development runoff volumes and velocities shall not exceed pre-development levels. Analysis and design recommendations shall take into consideration the impact of 2-, 10-, and 100-year storm intensities, both pre- and post-development.

8.

Water Systems. Water distribution systems shall be designed and constructed to adequately supply both peak load demands for domestic and commercial service and fire flow requirements for the intended development, and meet all requirements of the City's Design and Construction Standards Manual.

9.

Sewer Systems. Sewer systems shall be designed and constructed on the basis of average daily per capita flows of not less than those set forth by sewerage regulations of the State Department of Health and the City's Design and Construction Standards Manual.

10.

Street Lights, Site Lighting and Electrical Facilities. Provisions for street lights, parking lot lighting and other site lighting shall be shown on site plans, as required by the City's Design and Construction Manual. Locations of street and parking lot light poles, fixtures, conduits, transformers, wires and easements shall be coordinated with the City and shall be shown on the site plans. Conduits of a size and location satisfactory to the City shall be located under street pavements at all proposed major intersections for the future installation of traffic control signals as required by the City.

11.

Best Management Practices and Erosion and Sedimentation Control Measures. Installation of adequate temporary and permanent erosion and sedimentation control measures, as required by the City's Design and Construction Standards Manual and the Erosion and Sediment Control Ordinance. Installation of Best Management Practices and other measures related to water quality and runoff protection shall be in accord with applicable State laws and design guidelines.

12.

Other Design Criteria. All other design criteria and construction standards shall be in accordance with the City's Design and Construction Standards Manual and other applicable regional, state and federal requirements, including those of the Virginia Department of Transportation or other public agency, as adopted by the City. Where standards and criteria are not provided therein for a particular site development component, the City Manager either shall provide the governing standards or shall approve a proposed standard as prepared by the applicant's engineer.

13.

Construction Standards, Inspection, and Supervision.

a.

Unless otherwise specifically provided in this ordinance, the construction standards for all required onsite and off-site improvements shall conform to the provisions of this article and the City's Design and Construction Standards Manual and all applicable VDOT design manuals. The City Manager shall provide written approval of the plans, details, and specifications for all required improvements prior to commencement of construction.

b.

Inspections during the installation of the required onsite improvements shall be made by the City Manager or other City personnel, as applicable, as required to monitor compliance with the approved site plan and applicable City design and construction standards.

c.

The owner or developer shall notify the Director of Planning/Zoning Administrator in writing forty eight (48) hours prior to the beginning of any work shown to be constructed on an approved major or minor site plan.

d.

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

e.

The installation of improvements, as required by this article, shall in no case serve to bind the City 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.

f.

The applicant's contractor shall be responsible for the location of all utilities and underground infrastructure in accord with MISS UTILITY practices prior to land disturbance.

g.

Prior to issuance of an occupancy permit, a certified "as-built" survey shall be provided to the Director of Planning/Zoning Administrator upon completion of site improvements. Variations in the as-built conditions shall be noted. The as-built survey shall be provided in digital and standard formats. It is recommended that the survey include "as-built" invert and building corner information, as well as elevation data of any stormwater management basins. At the discretion of the Director of Planning/Zoning Administrator, a letter from the project engineer verifying that the project has been built to substantial conformance to design may be accepted in lieu of the "as-built" survey.

(Ord. No. 2004-02.04, Art. 12, § G, 2-17-04)

1.

Site Plan Submittal, Fee and Compliance Procedures.

a.

Final site plan submission requirements. Ten (10) copies of the final site plan shall be submitted to the City Manager. One 8.5" x 11" reduced copy of the major site plan shall be provided. The site plan shall be accompanied by payment of fees for review and processing. The fee shall be based on a fee schedule as may be adopted and modified from time to time by the City Council.

2.

Initial Site Plan Compliance Requirements.

a.

An initial review of the applicant's final site plan and final site plan check list will be made by the Director of Planning/Zoning Administrator to determine the completeness and general compliance with the information requirements of this ordinance.

b.

Site plans which contain information required by this article, the site plan check list, and, further, which are consistent with the proceedings of the Preliminary Site Plan Conference, shall be deemed to be complete and shall be forwarded to all necessary reviewing agencies and staff within five (5) working days of submittal, at which time the applicant's submittal shall be deemed "substantially complete and accepted for review." The applicant shall be notified of this finding in writing.

c.

Site plans (major and minor) which lack any information required by this article, the City Design and Construction Standards Manual, and the Site Plan Checklist, and which are consistent with the proceedings of the Preliminary Site Plan Conference shall be deemed to be incomplete and shall be rejected by the Director of Planning/Zoning Administrator within five (5) working days of submittal, at which time the applicant's submittal shall be deemed "incomplete and rejected" and the reasons for rejection clearly provided. Further review of the submission shall be suspended. The applicant shall be notified of this finding in writing.

3.

Review Procedures for Final Site Plans.

a.

Review process, general. The final site plan review process shall include participation by the City's Plan Review Committee, City staff and other reviewing agencies as determined by the City Manager. Final approval of any site plan may be granted by either (a) the City Manager, or (b) the Planning Commission by majority vote at a regularly scheduled Public Hearing, subject to a decision by the City Manager to request review and approval by the Planning Commission.

b.

The Plan Review Committee and other reviewing agencies. All site plans shall be reviewed by certain City, State or local agencies or their delegated agents who are qualified to determine compliance with applicable laws and regulations in relation to proposed development. Towards this end and to better coordinate the review process, the Plan Review Committee shall meet on not less than a bimonthly schedule. Subject to the requirements the City Manager in the review of a particular site plan, the Plan Review Committee may be composed of the following members from City offices and other agencies:

(1)

City Manager or his Designee;

(2)

Director of Planning/Zoning Administrator and Support Planning Department Staff;

(3)

Planning Commission Chairman or Member;

(4)

Building Official;

(5)

Development Review Coordinator;

(6)

Department of Health Official;

(7)

Fire Inspector;

(8)

Erosion and Sediment Control Specialist;

(9)

City Engineer;

(10)

Water and Gas Department Representative;

(11)

Electrical Department Representative;

(12)

City Attorney or Representative;

(13)

Cable Television Representative;

(14)

Telephone Company Representative;

(15)

VDOT Representative (as required); and

(16)

Other State, federal or local agency (as requested by the Director of Planning/Zoning Administrator).

c.

Site plan review and notification process.

(1)

Distribution of the Site Plan to the Plan Review Committee, staff and agency review. Within ten (10) calendar days after acceptance of a site plan which has been determined to be "substantially complete and accepted for review", the reviewing staff and agencies will be issued a copy of the site plan for review and comment on the technical compliance with this ordinance and all applicable standards, provided that the site plan has been found to be in initial compliance as hereinabove stated.

(2)

Administrative site plan review. All Plan Review Committee, staff and agency reviews and comments shall be completed within thirty (30) calendar days from the date of issuance of the site plan for review. Plan Review Committee, staff and agency comments shall be provided in writing to the Development Review Coordinator, who shall be responsible for preparing a final site plan review report with the Development and Review Coordinator's recommendations for approval, approval with conditions, or disapproval within fourteen (14) calendar days after receipt of all staff and agency comments.

(3)

Notice to applicant. Upon receipt by the City Manager or the Development Review Coordinator, the applicant shall be provided with all Plan Review Committee, staff and agency review comments and recommendations.

In cases where site plan revisions, deletions, or additions are necessary, the applicant shall be so notified, in writing, within fourteen (14) calendar days after receipt of all staff and agency comments by the City Manager along with the City Manager's determination to whether or not the Planning Commission shall be asked to approve the final site plan.

In cases where no site plan revisions, deletions, or additions are necessary and the City Manager has determined that the Planning Commission shall not be asked to approve the final site plan, the applicant shall be so notified, in writing, of the terms and conditions of plan approval by the City Manager within fourteen (14) calendar days.

(4)

Revisions by applicant. Upon receipt of comments, the site plan shall be revised by the applicant to comply with all requirements of the Plan Review Committee and other staff and reviewing agencies. The applicant shall submit such revisions together with any required re-submittal fee. Where the revised site plan does not include all requested or required revisions, the applicant will be notified that the site plan review process shall not proceed until the requested or required revisions are complete. Site plans requiring only minor revisions will be reviewed within fourteen (14) calendar days upon resubmission. Plans requiring substantial revisions will be reviewed on the time frame of a new submission.

(5)

Scheduling for a Planning Commission public meeting (if required). Upon determination of a need for Planning Commission approval of a final site plan by the City Manager and within ten (10) days after receipt of all staff and agency comments, the City Manager shall schedule the site plan for a public hearing before the Planning Commission.

(6)

Notification of adjacent property owners, if required. Within ten (10) calendar days after receipt of all staff and agency comments, the Development and Review Coordinator shall notify in writing all adjacent property owners of the site plan request and of the scheduled time and location of the public meeting on the site plan before the Planning Commission.

(7)

Action by Planning Commission, if required. Within sixty (60) days of receipt of staff comments, the Planning Commission shall act on the application and shall render a decision to approve, approve with conditions, defer or disapprove the site plan upon action at a regularly scheduled meeting.

(8)

Final site plan revisions. In consideration of site plan revisions to any final site plan, such revisions may be (a) approved administratively by the City Manager, or (b) approved administratively by the City Manager upon input from the Planning Commission, provided that where the City Manager is of the opinion that the site plan revision is of such a magnitude and impact that a decision on the revision should be reached only after a public hearing thereon. In such instances, a public hearing before the Planning Commission shall be scheduled prior to action on the final site plan revision. The applicant shall be notified in writing of action by the Planning Commission within five (5) calendar days of the action taken.

4.

Approval/Denial Process.

a.

Site plans will be approved by either the City Manager or the Planning Commission if they demonstrate substantial compliance with this ordinance, as well as the site design criteria set forth in this article and the City Design and Construction Standards Manual and if the public facilities, utilities and site designs as designed will be able to function in a manner beneficial to the health, safety and general welfare of the public.

b.

Under certain conditions approval by other agencies not specifically referred to hereinabove shall be a prerequisite to approval by the City.

c.

In denying a site plan, specific reasons shall be provided. Reasons for denial shall relate in general terms to such modifications or corrections as will permit approval of the site plan.

5.

Expiration of Approval. Final approval of any site plan (with the exception of erosion and sediment control plans) submitted under the provisions of this ordinance shall expire five (5) years after the date of such approval in accordance with the Code of Virginia, 1950, as amended, thereafter requiring re-submittal for approval. Erosion and sediment control plans expire in accordance with applicable sections of the City Code.

6.

Fees.

a.

Payment of Fee. The developer shall pay fees to the City for the examination and review of a site plan submitted pursuant to this ordinance.

b.

Site Development Fee Schedule. A schedule of fees for the examination of plans and the inspection of all required improvements in such plans shall be determined by a City Council resolution, which schedule may be changed from time to time. Before approval of any site plan, such fee shall be made payable to the City of Danville and deposited into the credit of the general fund.

(Ord. No. 2004-02.04, Art. 12, § H, 2-17-04)

1.

Prerequisites for Commencement of Site Improvement Activities. No site improvement activities may occur unless all of the following requirements are met:

a.

Approval of preliminary site plan.

b.

Approval of final subdivision plat, if required.

c.

City approval of erosion and sediment control plan, if required.

d.

City approval of an erosion and sediment control bond, if applicable.

e.

Installation of erosion and sediment control measures in accord with the plan.

f.

Approval of a performance bond or other surety to ensure the completion of public infrastructure facilities within a specified time frame.

g.

City issuance of a land disturbance permit (for projects with greater than 5,000 square feet of disturbed land area.)

h.

Approval of availability and capacity of all necessary utilities.

2.

Improvements Costs. All improvements required by this ordinance shall be installed at the cost of the owner or developer, except where cost sharing or reimbursement agreements between the City of Danville and the applicant are appropriate, the same to be recognized by formal written agreement prior to site development plan approval.

3.

Acceptance of Site Improvements. The approval of a site development plan or the installation of the improvements as required by this ordinance, shall not obligate the City to accept the improvements for maintenance, repair or operation. Acceptance shall be subject to City regulations, standards and criteria, where applicable, concerning the acceptance of each type of improvement.

4.

Bonding of Improvements.

a.

Performance (surety) bond required for improvements:

1.

A bond shall be required prior to commencement of construction to guarantee the successful completion, function, and operation of certain improvements which are to be accepted for dedication, maintenance and/or operation by the City and as otherwise required by this ordinance and the subdivision ordinance (where applicable).

2.

The owner or his designated agent shall submit a bond or other surety acceptable to the City Attorney to ensure that measures could be taken by the City at the owner's expense should owner fail to complete the public utilities, infrastructure, facilities and erosion control measures required for the project within the specified time frame. This bond or surety must be submitted prior to any issuance of a land disturbance permit, and it must be in place in order for the City Manager to consider the final site plan for approval.

3.

The period of the initial bond (surety) agreement shall be not less than twelve (12) months from its effective date. The bond shall be of a form which automatically renews itself unless and until the issuing guarantor shall give ninety (90) days prior written notice to the City of its intent to terminate the bond.

4.

Appropriate personnel and agencies of the City may make inspections of the improvements subject to bonding at any time during the progress of the work. The owner or developer shall be required to notify the City of progress on a periodic basis in accord with the City's published inspection timeframes and procedures.

5.

A decision by the City to draw upon the bond to ensure compliance with bonding requirements may be made at any point during the life of the bond at the sole discretion of the City.

b.

Bond cost estimate required by applicant:

1.

The developer or his agent shall submit a detailed, itemized cost estimate of (a) public utilities, infrastructure and/or facilities, (b) erosion control and public facilities, and (c) other bondable improvements related to the public health, safety and general welfare as determined and required for the proposed project to the City Engineer.

2.

A cost estimate for improvements to be covered by bonding shall be submitted for approval prior to site plan approval, with said estimate based upon standard unit prices within the region and shall be prepared by a registered professional engineer or licensed general contractor qualified to perform the work subject to the bond.

3.

The City Attorney with recommendation from the City Manager shall employ the original bond cost estimate in setting the bondable amount for any project.

c.

Notification of expiration and extension of bond:

1.

If prior to sixty (60) days from the expiration date of the bond the applicant has not taken steps to gain approval of improvements, release of the bond, and/or extension of the bond, the applicant and surety will be notified by the City by mail within forty-five (45) calendar days prior to the expiration date that a bond extension or new bond will be required.

2.

If an extension or new bond is not received by the City Manager within twenty-five (25) calendar days of the original bond's expiration date, action will be taken to draw upon the original to allow the City to complete the installation of public improvements, other site improvements and erosion control and public works facilities. At that time, all construction permits will be revoked and continued work at the project will place the developer, the contractor, and/or other associated parties in violation of this ordinance.

d.

Forms of bond and surety guarantees: Forms of surety guarantees, all of which shall be subject to the approval of the City Attorney, shall be limited to the following:

1.

Corporate surety bond from an insurance corporation licensed in Virginia.

2.

Cash escrows and set-asides from an insured lending institution.

3.

Irrevocable letters of credit from an insured lending institution.

4.

Cashier's check.

5.

Other surety as approved by the City Attorney.

6.

The bond may be released by the City in full or in part only upon the satisfactory completion of applicable improvements and the permanent stabilization of the site against erosion and sedimentation.

e.

Maintenance (defect) bonds:

1.

Prior to the release of the performance bond and the acceptance of public facilities by the City, the owner shall submit a maintenance (defect) bond for any improvement to be accepted for dedication, maintenance, and/or operation by the City.

2.

The maintenance (defect) shall be in an amount and form satisfactory to the City Attorney but in no instance shall be less than ten (10) percent of the total construction cost of the improvements subject to the bond.

3.

The maintenance bond may be released at the end of two (2) years from the date of City acceptance of responsibility. Such bond shall be released in full if no defects have been found to exist, or if defects are found to exist, they have been corrected by the owner or development to the satisfaction of the City. If defects found to exist have been corrected by action of the City, the costs of such action shall be deducted from the amount of the maintenance bond.

f.

As-built construction drawings: As-built construction drawings for all improvements subject to bonding shall be provided to the City on mylar prior to the release of any bond amounts. The as-built drawings shall fully document the accuracy of improvements and update all information shown on the original site plan.

5.

Foundation Survey. No work on a new building or addition that is required to have either a minor or major site plan and is located within five (5) feet of any required setback shall be approved to proceed above the foundation or slab until the building inspections office has received a survey prepared by a certified land surveyor licensed to practice in Virginia, showing that the foundation or slab, as constructed, is located in accordance with the approved site plan and other applicable ordinances. This requirement is supplemental to, and does not negate the requirement for, submission of application for building permits prior to commencing any construction activity.

(Ord. No. 2004-02.04, Art. 12, § I, 2-17-04)

1.

An applicant or owner may request a waiver, variation or substitution pursuant to (a) the requirements for physical improvements, (b) the requirements for site development processes and activities, (c) the requirements for specific designs, plans and documentation to be submitted with the site plan application, and (d) other requirements related to the application of this article. The specific provisions for the waiver of the requirement for preparation and submission of a site plan are addressed in Section D of this article. A written request for a wavier, variation or substitution shall state the rationale and justification for such request together with such alternatives as may be proposed by the applicant or owner.

2.

Such request shall be submitted in writing to the City Manager with the filing of a site plan accompanied by a statement from the applicant as to the public purpose served by such waiver, variation, or substitution in regard to the purpose and intent of this article.

3.

The City Manager may accept the request for waiver, variation or substitution for any requirement in a particular case upon a finding that the waiver, variation or subdivision of such requirement would advance the purposes of this ordinance and otherwise serve the public interest in a manner equal to or exceeding the desired effects of the requirements of the ordinance. Alternately, the City Manager may recommend a conditional modification to the request, or the City Manager may deny the request. The applicant may appeal the decision of the City Manager to the Planning Commission.

4.

No such waiver, variation, or substitution shall be detrimental to the public health, safety or welfare, orderly development of the area, sound engineering practice, or to properties located within the project impact area.

5.

The City Manager, in deliberation on the request, may require the submission of a professional engineering report or other related technical documentation and plan exhibits to support the applicant's request for waiver, variation, or substitution.

6.

The City Manager, at his or her sole discretion, may waive any individual requirement for graphic or written information to be contained on the Single Family Residential Lot Plan.

(Ord. No. 2004-02.04, Art. 12, § J, 2-17-04)

1.

Any revision or deviation from approved plans and specifications must be submitted in writing with related site plan documentation to the City Manager.

2.

The City Manager shall determine which staff and agencies are required to review the requested modifications and will oversee the implementation of this process.

3.

The City Manager may grant approval of site plan revisions, provided that where the City Manager is of the opinion that a proposed revision is of such a magnitude and impact that a decision on the revision should be reached only after a public hearing thereon, then a meeting before the Planning Commission to act on such revision shall be scheduled in a fashion similar to an original site plan submission.

(Ord. No. 2004-02.04, Art. 12, § K, 2-17-04)

To ensure that proposed single family uses and related lot development activities are compatible with approved subdivision plats and public improvements plans and to ensure consistency with the underlying residential zoning district regulations, a single family lot plan shall be required in the City's single family residential zoning districts. The residential lot development plan shall accompany zoning permit, building permit, and/or use applications for single family residences, accessory buildings, accessory uses, private garages, rental uses of a portions of a single family dwelling, onsite parking areas or other lot improvements which are to be constructed, reconstructed, rehabilitated, or otherwise expanded within the above indicated districts.

The single family residential lot plan shall be reviewed and acted upon by the City Manager within ten (10) working days upon receipt and application for a zoning permit or building permit. In the event of denial of a lot plan by the City Manager, the applicant may petition the matter to be heard by the Planning Commission at their next regularly scheduled meeting.

The single family residential lot plan shall include the following:

1.

Address and tax map reference number of lot; name of subdivision and deed reference.

2.

North arrow; dimensions of the lot drawn to scale of 1"=20', with meets and bounds of lot.

3.

Location and dimensions of both the existing structure(s) and the structure(s) to be erected on the lot.

4.

Geotechnical evaluation and certified engineering design for building foundation for lots which contain shrink/swell soils (if required by the City Manager).

5.

Dimensional setbacks from property lines to any structure or improvement, including covered porches, decks, stairwells, garages, swimming pools, accessory uses, etc.

6.

Square footage of lot per recorded subdivision plat.

7.

Easements contained within the lot or across the lot line.

8.

Proposed finished lot grading shown with two foot (2') contour intervals (if required by the City Manager).

9.

Certificate of water and sewer availability.

10.

Location of all required off-street parking.

11.

Location of all existing natural or man-made drainage channels and storm sewer facilities, as well as location of proposed drainage improvements, to ensure the adequate conveyance of stormwater on and through the property.

12.

Location and boundaries of 100 year floodplain.

13.

Alignment and grade for private access roads and driveways (if required by the City Manager).

14.

Location of service connections to public water and sewer.

15.

Special requirements for slope stabilization and other practices related to development of riverfront or environmentally sensitive property (if required by the City Manager).

16.

Location of construction entrance.

17.

Erosion and sediment control measures, where applicable.

18.

Foundation engineering design (if required by the City Manager).

19.

Maintenance and easement agreements for property, utilities, access, drainage and other infrastructure (if required by the City Manager).

(Ord. No. 2004-02.04, Art. 12, § L, 2-17-04)

Within thirty (30) days following satisfactory completion, inspection and approval of the installation of all required improvements, and upon the satisfactory compliance with the provisions of this ordinance and the City's Design and Construction Standards Manual, a "Certificate of Substantial Completion" shall be issued as cited in the Design and Construction Standards Manual. The City will accept ownership of maintenance responsibilities for such facilities on the effective date of said letter.

(Ord. No. 2004-02.04, Art. 12, § M, 2-17-04)

1.

Appeals of a decision of the City Manager in the administration of this article shall be as provided in Section 15.2-2311 (1997) of the Code of Virginia.

2.

Appeals of a decision of the Planning Commission by the applicant or a party in interest regarding a site plan, waiver, variation or substitution shall be to the City Council, provided that such appeal is filed with the City Manager within ten (10) calendar days of the decision being appealed. The appeal shall be placed on the agenda of the City Council at the next regular meeting. The City Council may reverse or affirm, wholly or partly, or may modify the decision of the Planning Commission.

(Ord. No. 2004-02.04, Art. 12, § N, 2-17-04)

1.

Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this ordinance, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or uses any building or uses any land in violation of any detailed or proffered statement or plan submitted by him and approved under the provisions of this ordinance shall be guilty of a Class I misdemeanor and, upon conviction thereof, shall be subject to punishment as provided by law. Each day that a violation continues shall be deemed a separate offense.

2.

Any building erected or improvements constructed contrary to any of the provisions of this Ordinance or to the approved plans, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this Ordinance shall be, and the same is hereby declared to be, unlawful.

3.

The City may initiate injunction, mandamus, or any other action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this Ordinance.

4.

Upon becoming aware of any violation of a provisions of this ordinance, the City Manager, the Director of Planning/Zoning Administrator, or City Attorney shall serve notice of such violation on the person committing or permitting the same. If such violation has not ceased within a reasonable time as specified in the notice, action as may be necessary to terminate the violation shall be initiated.

5.

The remedies provided for in this article are cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Ord. No. 2004-02.04, Art. 12, § O, 2-17-04)