The purpose of this article is to promote the orderly development of certain activities in the town and to insure that such activities are developed in a manner harmonious with surrounding properties and in the interest of the general public welfare. More specifically, the site plan shall be used to review a project's compatibility with its environment; to review the ability of a project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians; to review the quantity, quality, utility, and type of a project's required community facilities; and to review the location and adequacy of a project's provision for drainage and utilities.

(Code 1990, § 15-301; Ord. of 1-18-1979, Art. 10)

This article shall apply to any use as specified in the rules and regulations of each zoning district.

(Code 1990, § 15-302; Ord. of 1-18-1979, § 10-1)

Editor's note— An ord. adopted March 16, 2021, repealed § 70-538, which pertained to waiver of requirements and derived from Code 1990, § 15-303; and § 10-2 of an ord. adopted Jan. 18, 1979.

Every site plan shall be prepared in accordance with the following specifications:

(1)

The scale shall not be less than 50 feet to one inch.

(2)

All site plans shall not exceed 24-inch by 36-inch sheets.

(3)

If the site plan is prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.

(4)

Horizontal dimensions shall be in feet and decimals of feet to the closest 1/100 of a foot.

(Code 1990, § 15-304; Ord. of 1-18-1979, § 10-3)

The site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture or land surveying shall be prepared by qualified persons. Final site plans shall be certified by an architect, engineer, or land surveyor licensed to practice by the commonwealth within the limits of their respective licenses. The site plan shall include, but not be limited to, the following:

(1)

The proposed title of the project and the name of the engineer, architect, landscape architect, surveyor, and/or developer; the name of the developer; and a signature panel for the director of planning's approval.

(2)

The north point, scale, date, and vicinity map.

(3)

Existing zoning and zoning district boundaries on the property in question and on immediately surrounding properties.

(4)

The present use of all contiguous or abutting property.

(5)

The boundaries of the property involved by bearings and distances.

(6)

All existing property lines, existing streets, buildings, watercourses, waterways, or lakes and other existing physical features in or adjoining the project. Those physical features, such as watercourses, waterways, or lakes on adjoining properties, need only be shown in approximate scale and proportion.

(7)

Topography of the project area with contour intervals of two feet or less.

(8)

The location and sizes of sanitary and storm sewers, gas lines, water mains, culverts, and other underground structures, all overhead utilities and their supporting poles in or affecting the project, including existing and proposed facilities and easements for these facilities.

(9)

The location, dimensions, and character of construction of proposed streets, alleys, driveways, and the location, type, and size of ingress and egress to the site, so as to provide adequate facilities for all types of vehicles for solid waste collection.

(10)

When proposed streets intersect with or adjoin existing streets, both edges of existing pavement surface or curb and gutter must be indicated for a minimum of 150 feet or the length of connections, whichever is the greater distance.

(11)

The location of all existing and proposed off-street parking and parking bays, loading spaces, and walkways, indicating types of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of parking spaces.

(12)

The site plan shall show heavily wooded areas and trees to be removed which shall be designated by symbols coincident with the areas of the trees; and an indication of which trees are to be retained and which are to be removed.

(13)

The location, height, type, and material of all existing and proposed fences, walls, screen planting, and landscaping details of all buildings and grounds, and the location, height, and character of all outdoor lighting systems.

(14)

The location of all proposed buildings and structures, accessory and main; number of stories and height; proposed general use for each building; and the number, size, and type of dwelling units where applicable.

(15)

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

(16)

Provisions and schedule for the adequate control of erosion and sedimentation, in accordance with chapter 26, article II.

(17)

Proposed finished grading by contour supplemented, where necessary, by spot elevations.

(18)

One hundred-year floodplain limit studies as required by the director of planning and community development.

(19)

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

(20)

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

(21)

Any necessary notes required by the director of planning and community development to explain the purpose of specific items on the plan.

(22)

The director of planning and community development may request additional information other than what has previously been stated when deemed necessary to protect the health, safety and general welfare of the citizens of the town.

(23)

On all site plans, the resource protected area (RPA) and resource management area (RMA) boundaries shall be depicted, including the requirement to retain an undisturbed and vegetated 100-foot-wide buffer area per the Chesapeake Bay Preservation Area (CBPA) Act requirements.

(24)

Per CBPA Act requirements, the list of required information shall include a notation on site plats indicating that permitted development in RPA (including the 100-foot-wide vegetated buffer) is limited to water dependent facilities or redevelopment.

(25)

As required by 9VAC 10-20-190 A 5 of the regulations, all site plans shall include the requirement for a notation on plans indicating the delineation of the buildable areas on each lot, based on the performance criteria, local front and side yard setbacks, and any other relevant easements or limitations regarding lot coverage.

(Code 1990, § 15-305; Ord. of 1-18-1979, § 10-4; Ord. No. O-2019-007, 9-17-2019; Ord. of 3-16-2021(1))

The following improvements and minimum standards, as applicable, shall be required and provided for in a site plan:

(1)

Street and highway construction and geometric design standards. All street and highway construction standards and geometric design standards shall be in accordance with those specified by the state department of transportation.

(2)

Vehicular travel lanes. The pavement of vehicular travel lanes, driveways, or alleys designed to permit vehicular travel on the site and to and from adjacent property and parking areas shall be not less than 22 feet in width for two-way traffic and 12 feet for one-way traffic.

(3)

Culs-de-sac. Culs-de-sac shall be designed and constructed in accordance with the street standards specified by the state department of transportation and may not be construed or employed as a parking area.

(4)

Utility easements. The minimum utility easement width shall be 20 feet unless specifically reduced as specified by the director of planning and community development. Where multiple structures or pipes are installed, the edge of the easement shall be five feet clear of the outside pipes. Where easements do not follow the established lot lines, the nearest edge of any easement shall be a minimum of five feet from any building.

(5)

Sidewalks and pedestrian walkways. Sidewalks and pedestrian walkways shall be designed to enable patrons and tenants to walk safely and conveniently from one building to another within the site and to adjacent sites.

(6)

Screening. All required screening shall be sufficiently dense or opaque to screen development effectively from the adjacent properties.

(7)

Unnecessary destruction of trees. In order to preserve the character and natural environment and to provide visual and noise buffering, the director of planning and community development may refuse to approve any site plan which proposes unnecessary destruction of trees and other natural features. The director of planning and community development may require assurance that the developer has made reasonable effort in light of the proposed development to preserve, replenish, and protect trees of eight-inch diameter or larger at the DBH, ornamental trees of any size; trees within required setbacks or along boundaries unless necessary to remove for access, grading, circulation, utilities, or drainage; streams in their natural condition.

(8)

Street/space lighting. Street/space lighting shall be required in all zones.

(Code 1990, § 15-306; Ord. of 1-18-1979, § 10-5; Ord. of 1-5-1988(1); Ord. of 5-14-1996(4), § 1; Ord. of 3-16-2021(1))

(a)

The director of planning and community development is responsible for checking site plans, preliminary and final, for general completeness and compliance with such administrative and legislative requirements as may be established by routing copies thereof to appropriate reviewing departments, and outside agencies.

(b)

All applicants are encouraged to request a preapplication review conference. The purpose of the conference is to discuss the basic site plan, off-street parking, signs, other town ordinance requirements, utilities, and drainage, and to consider preliminary features of the proposed development as they relate to this article.

(c)

Sufficient copies, as may be required by the director of planning and community development, of the final site plan shall be submitted to the director of planning and community development.

(d)

Upon receipt of the first review comments from the reviewing agencies, the director of planning and community development shall transmit review comments to the applicant for correction or implementation.

(e)

The applicant shall then return to the director of planning and community development revised plans addressing all concerns and noting all changes. The director of planning and community development shall then distribute and coordinate all further comments in the same manner until the final plan conforms with all technical requirements of all applicable codes.

(f)

The director of planning and community development shall evaluate the site plan, determine whether it meets the applicable requirements of this ordinance, and then either approve or disapprove the site plan. In the event the director of planning and community development disapproves the site plan, all of the reasons for that disapproval shall be stated in writing.

(Code 1990, § 15-307; Ord. of 1-18-1979, § 10-6; Ord. of 5-14-1996(7), § 1; Ord. No. O-2012-012, 11-13-2012; Ord. of 3-16-2021(1))

(a)

An approved site plan shall be valid for a period of five years after the date of final approval or for such longer period as the director of planning and community development may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development.

(b)

Upon application of the developer the director of planning and community development may grant one or more extensions of up to one year of the approval of a final site plan as the director may, at the time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development, and the laws, ordinances and regulations in effect at the time of the request for the extension.

(Code 1990, § 15-308; Ord. of 1-18-1979, § 10-7; Ord. of 3-16-2021(1))

If it becomes necessary for an approved site plan to be changed, the director of planning and community development shall, at the applicant's request, either administratively approve an amendment to the site plan or, if the change is major, require that a new site plan be drawn and submitted for review and action in accordance with this article.

(Code 1990, § 15-309; Ord. of 1-18-1979, § 10-8; Ord. of 3-16-2021(1))

(a)

No building permit shall be issued to construct, erect, or alter any building or structure, nor shall any permit or authorization be granted to improve or develop land subject to the provisions of this article, unless a site plan has been submitted and approved.

(b)

Prior to the issuance of permits for construction, there shall be executed by the owner or developer, and submitted to the town with an approved site plan, an agreement to construct such required physical improvements as are located within the public rights-of-way or easements or as connected to any public facility, in form and substance as approved by the town, together with a corporate surety bond (section 70-8) acceptable to the town attorney and approved by the director of planning and community development in an amount of 100 percent of the estimated cost of the required physical improvements listed in the unit price list for performance bonds on file in the office of the director of planning and community development. Such agreement with the town council shall provide for completion of all work covered thereby within the time to be determined by the director of planning and community development upon written justification by the owner or developer, signed by all parties (including sureties) to the original agreement.

(c)

The council may grant the periodic partial and final complete release of any bond, escrow, letter of credit or other performance guarantee required by this section pursuant to the terms and provisions of section 70-8.

(Code 1990, § 15-310; Ord. of 1-18-1979, § 10-9; Ord. of 5-3-1988(1), § 1; Ord. of 3-16-2021(1))

(a)

Inspections shall be made during the installation of offsite and on-site improvements by the town engineer or his designated representative in their areas of responsibility to ensure compliance with the approved site plan.

(b)

The owner or developer shall provide adequate supervision at the site during installation of improvements required by the site development plan and shall make one set of approved plans available at the site at all times that work is being performed.

(Code 1990, § 15-311; Ord. of 1-18-1979, § 10-10)

(a)

If, through no fault of the applicant a project cannot satisfy a particular requirement of this ordinance, upon written request of the applicant for a waiver of any of the requirements of this ordinance, the director of planning and community development may approve a waiver of said requirement if all of the following requirements have been satisfied:

(1)

The need for the waiver is not attributable to any action or decision of the applicant;

(2)

The applicant has acted in good faith with respect to the need for the waiver;

(3)

The waiver requested by the applicant is the minimum necessary under the circumstances;

(4)

The approval of the waiver will not cause any harm to any other property; and

(5)

The approval of the waiver does not conflict with the purpose and intent of the ordinance.

(b)

Any waiver request must fully explain in writing the applicant's compliance with each of the standards set forth above.

(Ord. of 3-16-2021(1))