19-1-1 There is a mutual responsibility between the County of Greene and the developer to develop land in an orderly, efficient fashion.

19-1-2 The purpose of this section is to ensure that land in Greene County is used in a manner which is efficient and harmonious with neighboring property, in accordance with the adopted comprehensive plan, and in compliance with all applicable laws, rules and regulations of Greene County; to aid in protecting the environmental quality of the county; and to encourage high standards in the layout, landscaping, and construction of development within the county.

(Ord. of 6-12-18)

19-2-1 A site development plan shall be submitted for any construction, or change in use, of a non-profit, public, commercial, business, industrial or multi-family residential use, regardless of location; for any new development or use which requires a special permit in designated floodplain areas, and for any development except single-family houses which occurs in the watershed area of any public water impoundment. No building or occupancy permit shall be issued by the building official and zoning administrator until such site development plan has been approved and signed by the planning director or zoning administrator. (Revised 1/11/05)

19-2-2 The foregoing notwithstanding, the administrator may waive the requirement for a site development plan in a particular case upon the finding that the requirement of such a plan would not forward the purposes of this ordinance; provided that the planning commission concurs in such a finding.

19-2-3 Compliance with the sections of this article shall in no event be construed to relieve the applicant of compliance with all other provisions of the law applicable to the development in question.

19-2-4 In cases where a site development plan is required by other sections of this ordinance, it shall conform to the more stringent requirements of this section rather than the minimal standards outlined in the various other sections.

19-2-5 No change, revision or erasure shall be made on any preliminary or final site development plan nor on any accompanying data sheet unless authorization for such change is granted in writing by the agent. Any site development plan may be revised, provided that a request for such revision shall be submitted and processed in the same manner as an original site development plan. The foregoing notwithstanding, the agent may approve administratively minor changes to an approved site development plan in any case in which he shall determine that the site development plan, as amended, is in compliance with the terms of all applicable laws; is substantially in compliance with the approved site development plan together with all conditions imposed by the commission or agent and will have no additional adverse impact on adjacent properties or public facilities. (Revised 6/23/09)

(Ord. of 6-12-18)

19-3-1 The applicant shall first submit a completed application and ten copies of a proposed site development plan to the Administrator for initial review at which time the required fee as published shall be payable to the county treasurer. The proposed plan shall be drawn to scale of not less than one inch equals 100 feet and shall contain all the applicable information required under [subsection] 19-4-2. (Revised 6/27/06)

19-3-2 If the administrator feels there are substantial problems either of a legal or environmental nature involved in the design, the administrator may request a further meeting with the applicant to discuss such problems. Following approval of the preliminary site development plan by administrator the applicant shall submit four copies of the final site development plan to the administrator as agent for the county within six months of the preliminary site plan. Three copies shall stay with the administrator, and one shall be returned to the applicant after a decision has been made.

19-3-3 Approval of the site development plan pursuant to this section shall expire five years after date of approval thereof unless actual construction shall have commenced and is thereafter prosecuted in good faith. (Revised 6/27/06)

19-3-4 Upon receipt of a site plan application, the planning department shall notify the adjacent property owners in writing. The list of adjacent property owners shall be created from the most current records of the office of the commissioner of the revenue. The planning department shall also advertise in a newspaper serving Greene County the receipt of the application. The advertisement and notification shall include the application number, applicant, description and location of the proposal and when the proposal will be available to the public for viewing at the county offices. The planning department shall also place a sign upon the site for at least one week notifying the public that an application has been filed. (Revised 1/11/05)

(Ord. of 6-12-18)

19-4-1 The administrator shall possess the authority to approve, modify, or reject the applicant's proposed final site development plan. He shall have a period of 60 days following submission of the final site development plan by the applicant in which to make his decision. To guide the administrator's review, the planning commission shall recommend standards for development to the board of supervisors.

19-4-2 Every final site development plan shall contain the following as applicable:

(1)

Project title, date, and projected completion date.

(2)

Name of engineer, surveyor, and developer, and address.

(3)

Signature panel.

(4)

Northpoint.

(5)

Scale.

(6)

Vicinity sketch drawn to a scale of one inch equals two miles with landmarks sufficient to identify the location of the property.

(7)

Zoning of site and adjacent properties.

(8)

Owners of parcels and title sources.

(9)

Owners of adjoining properties.

(10)

Property boundaries.

(11)

Building setback lines.

(12)

Existing property features (streets, buildings, etc.) to be retained.

(13)

Contours (existing and proposed) and grading.

(14)

Utilities (existing and proposed) and easements.

(15)

Proposed streets and names and right-of-way easements.

(16)

Ingress and egress.

(17)

Outdoor lighting plan.

(18)

Curbs, sidewalks, gutters, etc.

(19)

Drainage patterns and facilities, and plan with easements.

(20)

Proposed structures (number, type, size, etc.)

(21)

One hundred-year floodplain.

(22)

Existing trees and clearing areas and proposed landscaping, screening, and walkways as may be required to preserve neighborhood character.

(23)

Location and size of signs.

(24)

Garbage storage.

(25)

Off-street parking areas, loading areas, and internal circulation aisles.

(26)

Proposed density.

(27)

Outdoor rental and sales areas; outdoor display areas.

(28)

Recreation and open space amenities.

(29)

Land to be dedicated to county.

(30)

Total project area with percent used for building, parking, and open space.

(31)

Reserved. (Revised 1/11/05)

(32)

Reserved. (Revised 1/11/05)

19-4-3 The approval, modification, or rejection of the proposal by the administrator shall be noted on the fourth copy of the site plan and returned to the applicant. If modified, the applicant shall indicate his agreement with such modifications in writing before a building permit shall be issued. If rejected, the reasons for rejection shall be explained in a letter attached to the site plan.

19-4-4 Appeal of any decision of the administrator, made under provisions of this article, may be made in writing to the board of supervisors by an aggrieved person within ten days of the date of the decision. The board of supervisors may affirm, reverse or modify in whole or in part, the decision of the administrator. If the board takes no action within 90 days of the filing of the appeal, the decision of the administrator shall stand. The term aggrieved shall be limited to the applicant, the planning commission or any member thereof, and the board of supervisors or any member thereof.

(Ord. of 6-12-18)

19-5-1 All improvements required by this section shall be installed at the cost of the developer.

19-5-2 Prior to the approval of the final site development plan, there shall be executed by the owner or developer, an agreement to construct all physical improvements required by or pursuant to this section which are to be dedicated to public use, together with a performance guarantee as provided by [section] 19-8.

19-5-3 Where adopted road plans, the six-year road improvement plan, or the comprehensive plan of Greene County indicated a proposed right-of-way greater than that existing along the boundaries of the site development, such additional right-of-way shall be reserved for public use when the plan is approved. Where a site development plan is presented on a public street of less than 50 feet in width, additional right-of-way shall be a minimum of 25 feet from the existing centerline. All building setbacks shall be measured from the additional dedicated or reserved right-of-way.

19-5-4 In the case of any street to be dedicated to public use, all street and highway construction and design standards shall be in accordance with standards of the Virginia Department of Transportation.

19-5-5 The zoning administrator shall require an easement for and/or construction of travel lanes or driveways to serve adjoining properties. The pavement of vehicular travel lanes or driveways designed to permit vehicular travel from adjacent property and parking areas shall be not less than 20 feet in width, except for alleyways. The foregoing notwithstanding, the administrator may waive this requirement for a plan in a particular case upon the finding that the requirement of such a plan would not forward the purposes of this ordinance. (Revised 6/26/12)

19-5-6 No cul-de-sac street shall be shorter than 200 feet in overall length including the turn-around or 100 feet in overall length exclusive of the turnaround. No cul-de-sac shall be longer than 700 feet exclusive of the turn-around. All turn-arounds shall have a turning radius of at least 50 feet. In the case of any such street which is not part of the state highway system, at least one sign of a type approved by the administrator shall be posted giving notice that such street is not a thru street.

19-5-7 Parking areas design and construction shall be in accordance with sound engineering practices as approved by the administrator. Number of spaces and paving shall conform with article 16 of this ordinance. Parking shall not be permitted on cul-de-sacs if the paved radius is less than 50 feet, but parallel parking shall be permitted if the paved radius is greater than 50 feet.

19-5-8 Adequate easements shall be provided for drainage and all utilities. Minimum width of easements shall be 15 feet, but may be greater subject to the requirements of the public entity to operate such utilities. A working easement whose edge is not less than seven and one half feet clear of the outside pipes are installed. Where easements do not follow established lot lines, the nearest edge of any easement shall be a minimum of ten feet from any building.

19-5-9 Adequate drainage for the disposition of storm and natural waters both on and off-site should be provided. Provisions shall be made for the minimization of pollution of all downstream water courses due to surface runoff. The extent and nature of both on-site and off-site drainage shall be determined by the developer in conference with the administrator.

19-5-10 Adequate provisions shall be made by the developer for all utilities, both on-site and off-site. Percolation tests by the health department and/or other methods of soil evaluation deemed necessary by the health department shall be the responsibility of the developer and shall be performed prior to submission of the final site development plan. When central water and/or sewer systems having sufficient capacity either existing or are proposed within a reasonable distance of the area of the development, provision shall be made to connect to the system.

19-5-11 All public facilities, utility and drainage easements outside of the right-of-way of public streets or access ways are to be shown on the final site development plan.

19-5-12 Site development plans may include provisions for the reservation and/or dedication of suitable areas for parks, community facilities, open space and other public or private recreational use, recognized in the comprehensive plan or required by any article of this ordinance. The developer shall confer with the governing body or its agent to ascertain if, and when, and in what manner such areas should be reserved for acquisition by the county. Nothing in this provision shall be construed to preclude the dedication of any property for public use which is not included in the comprehensive plan, provided such property is acceptable to the county for dedication and maintenance.

19-5-13 Provisions shall be made for sidewalks and pedestrian walkways which will enable pedestrians to walk safely and conveniently between buildings on the site and from the site to adjacent property. Provisions shall be made where appropriate for walkways in relation to private and public areas of recreation and open space, schools, and other similar facilities. Connections shall be made whenever possible of all walkways and bicycle-ways with similar facilities on adjacent developments. All sidewalks, curbs and gutters to be accepted for maintenance by the Virginia Department of Transportation shall be built in accordance with construction standards of the Department. Sidewalks and pedestrian walkways may be required on one or both sides of streets in residential developments of a density of four or more units per acre and in commercial and industrial developments whenever the administrator shall determine that the same are reasonably necessary to protect the public health, safety, and welfare, and that the need therefore is substantially generated by the proposed development.

19-5-14 Fire hydrant locations and fire flow requirements shall be as prescribed by insurance services offices (ISO) standards and subject to approval by the building official. In any case in which the requirements of the Rapidan Service Authority exceed those cited in the foregoing sentence, the requirements of the Rapidan Service authority shall apply. In areas where public water is not reasonably available the building official shall require such alternative provisions as deemed reasonably necessary to provide adequate fire protection. (Revised 1/11/05)

19-5-15 Developments disturbing over 10,000 square feet of land, shall be required to obtain a land disturbing permit. The necessary erosion and sediment control, and stormwater management plans and data shall be submitted, reviewed and approved by the Greene County Erosion and Sediment Program Administrator prior to the issuance of a land disturbing permit and final approval of the site development plan. (Revised 6/12/07)

19-5-16 The administrator, in order to encourage the preservation of the natural environment and to provide visual and noise buffering, shall refuse to approve any site development plan unless it is clear that the developer has made reasonable effort, in light of the proposed development, to preserve and protect the following:

(1)

Trees of ten inch diameter or larger;

(2)

Trees within required setbacks or along boundaries unless necessary to remove for access, grading, circulation, utilities or drainage;

(3)

Streams in their natural condition; and,

(4)

Ground area from soil erosion and excessive water runoff.

19-5-17 Landscaping, screening, buffer areas, fences, walks, curbs, and other physical improvements as required by other county ordinances, by the Virginia Department of Transportation, or where the same shall be reasonable to preserve the existing character of the neighborhood, shall be provided by the developer.

19-5-18 Storage of equipment, supplies, products, etc., not in the main structure shall be thoroughly screened from residential zones and uses, public right-of-way, and other public areas by the use of evergreens, fences, or other types of screening acceptable to the administrator. Enclosed storage areas may be required if it is deemed necessary to protect the surrounding neighborhood.

19-5-19 The approval of a site development plan or the installation of the improvements as required by this article shall not obligate the county to accept improvements for maintenance, repair, or operation.

19-5-20 Nothing herein shall require the approval of any development, use, or plan, or any feature thereof, which shall be found to constitute a danger to the public health, safety, or general welfare, or which shall be determined to be a departure from or violation of sound engineering design or standards

19-5-21 Fire lanes. (Revised 1/11/05) Fire lanes shall be required for all commercial development subject to the following:

(1)

Fire lanes shall have a minimum width of 18 feet.

(2)

Designated fire lanes shall be maintained free of obstructions and vehicles and shall be identified with above-grade signs and shall include the following language "No parking fire lane tow away zone" All signs shall have the bottom edge of the sign no lower than four nor higher than seven feet above the parking surface.

(3)

All designated fire lane signs or markings shall be maintained in a clean and legible condition at all times and replaced when necessary to ensure adequate visibility.

(4)

Fire lanes shall be provided to within 150 feet of all portions of an outside storage area.

(5)

Fire department access shall be provided and maintained to all structures undergoing construction alteration or demolition. Fire department access roadways shall be of an approved surface material capable of providing emergency vehicle access support at all times, and shall be a minimum of 18 feet in unobstructed width. The access roadways shall provide a minimum turning radius capable of accommodating the largest fire apparatus of Greene County and a minimum vertical clearance of 13 and one-half feet. (Revised 1/11/05)

(Ord. of 6-12-18; Ord. of 1-14-20(2))

19-6-1 Applicability. This ordinance shall apply to all site plans or site plan amendments approved after the effective date of this ordinance.

The provisions of this ordinance are not intended to prevent the use of any material or method of installation not specifically prescribed by this ordinance provided the alternative has been approved by the zoning administrator. The zoning administrator may approve any such alternative provided that the proposed design provides the approximate equivalence to the specific requirements of this ordinance.

19-6-2 Screening yards.

(1)

Purpose. Screening yards can provide an impression of separation of spaces and more extensive screening can shield entirely one use from another, enhance property values and provide aesthetic benefits.

(2)

General screening standards. Every development within the zoning districts listed in Table 1 shall provide sufficient screening yards so that neighboring properties are screened from any adverse effects of the development.

The following screening yards shall be provided between various permitted uses and/or zoning districts:

Table 1

(3)

Screening yards shall contain sufficient vegetation to provide an adequate screen between uses. Evergreen vegetation shall be planted and spaced in staggered rows, at a 15 foot center. Existing vegetation, such as hedgerows and trees may be used to satisfy the requirements of this ordinance.

(4)

All screening yards shall become part of the lot on which they are located, or in the case of commonly owned land, shall belong to the homeowners' or property owners' association.

(5)

The screening yard shall be maintained for the life of the development. Maintenance shall be the responsibility of the property owner.

(6)

Planting invasive plants are prohibited and are defined and identified by the Invasive Plants of the Eastern United States: Identification and Control, USDA Forest Service, the University of Georgia, USDA APHIS PPQ and USDA Forest Service, Forest Health Technology Enterprise Team. FHTET-2003-08

19-6-3 Landscape standards.

(1)

Purpose. The purpose of these standards is for the installation and maintenance of plant materials. The plant material promotes the public health, safety and welfare, provides conservation of energy by providing shade and wind breaks, promotes areas which helps to reduce run-off and to recharge groundwater, improve air quality and assist on minimizing noise, dust and glare.

(2)

General standards. This ordinance shall apply to all site plan and site plan amendments approved after the effective date of this ordinance. This ordinance applies to the construction of any parking lot containing more than five parking spaces. This ordinance shall apply to the enlargement of any parking lot but not to the resurfacing of an existing lot.

(3)

Parking lots shall be designed to prevent vehicles from striking trees. Vehicles are presumed to have a body overhang of three feet, six inches.

(4)

Planting invasive plants are prohibited and are defined and identified by the Invasive Plants of the Eastern United States: Identification and Control, USDA Forest Service, the University of Georgia, USDA APHIS PPQ and USDA Forest Service, Forest Health Technology Enterprise Team. FHTET-2003-08

(5)

All landscaping shall be planted according to ANSI A300 standards and/or Virginia Cooperative Extension; Publication Number 430-295, Revised June 2004.

(6)

All landscape shall become part of the lot on which they are located, or in the case of commonly owned land, shall belong to the homeowners' or property owners' association.

(7)

The landscape shall be maintained for the life of the development. Maintenance shall be the responsibility of the property owner.

19-6-4 Parking lot requirements. The parking area shall include planting areas and they shall be calculated to equal 5 percent of the total parking area, to include travelways. The calculation does not include screening yard or front buffer strip. In plans that bioretention is used as a stormwater feature, the planting areas may be 3 percent or more, of the total parking area, to include travelways.

19-6-5 Interior parking landscape. Fifty percent of the required landscape shall be located in the interior parking area. Interior parking planting areas shall not be less than 150 ft ² and shall have a minimum of one tree and three shrubs planted for every 150 ft ² .

19-6-6 Perimeter parking landscape. Fifty percent of the required landscape shall be planted around the building and perimeter of the parcel. The rate of installation shall be one tree and three shrubs for every 150 ft ² .

19-6-7 Front buffer strip landscape. A minimum ten-foot wide buffer landscape strip shall be provided between parking lot and adjacent right-of-way. The buffer strip shall contain at least one small tree and three shrubs per 20 linear feet or one large tree and five shrubs per 40 linear feet. This area may not be included in interior or perimeter planting area calculations.

19-6-8 Applications. Any person submitting a site plan or site plan amendment shall include a landscape/screening plan that shall include the following:

(1)

Landscape plan.

• Landscape work progress calendar

• Existing trees to be retained - location, size (dbh), and species

• Planting schedule—group the tree species list by large or small trees and shrubs size classes as designated by definitions.

• Scientific and common names

• Size of planting stock-caliper and/or pot size for shrubs, designated by definitions

• Quantity

• Snow placement areas (minimize contact with plant material)

(2)

Planting specifications and details.

• Copy of technical specifications

• Details shall show planting depth, mulch, shrubs, groundcover, etc.

• Screening details—plant material

(Ord. of 6-12-18)

19-7-1 Purpose and intent. The purpose and intent of this ordinance is to establish outdoor lighting standards that reduce the impacts of glare, light trespass and over lighting; promote safety and security; and encourage energy conservation.

The provisions of this ordinance are not intended to prevent the use of any equipment, material or method of installation not specifically prescribed by this ordinance provided the alternative has been approved by the zoning administrator. The zoning administrator may approve any such alternative provided that the proposed design provides the approximate equivalence to the specific requirements of this ordinance.

This ordinance shall apply to the installation of new outdoor lighting fixtures or the replacement of existing outdoor fixtures. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of the fixture. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, shall not constitute replacement and shall be permitted provided such changes do not result in a higher lumen output.

19-7-2 General requirements. Applicable for permitted and special uses, in all zoning districts with exception of those uses listed under exemptions in this ordinance.

(1)

Maximum mounting height: 25 feet

• Height is measured from grade to the top of the lighting fixture.

(2)

All outdoor lighting fixtures shall be aimed, located and maintained so as not to produce disability glare. All lighting fixtures serving these areas shall be full cut-off fixtures and shall be mounted horizontal to the ground.

(3)

Spillover light from commercial and industrial uses and zoning districts that are adjacent to public roads and those parcels in residential, agricultural and conservation zoning districts shall not exceed one-half footcandle at the property line.

(4)

High intensity light beams in the form of outdoor search lights, lasers or strobe lights shall not be permitted.

(5)

Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape purposes, shall consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated. Directional control shields shall be used where necessary to limit stray light. In addition, such lighting shall meet the shielding requirements.

(6)

On parcels which contain a minimum of ten parking lot light poles, shall be reduced by a least 50 percent of full operational levels within one hour after the close of business, unless needed for safety and security. This reduced lighting level shall be achieved by extinguishing at least 50 percent of the total number of pole mounted lamps, by dimming lighting levels to no more than 50 percent of the levels used during business or activity hours, or by some combination thereof; provided, however, that this provision shall not require parking lot lighting levels to be reduced to less than 0.2 footcandles as measured horizontally at the surface on which the light pole is mounted.

(7)

Lighting in island canopy ceilings shall be recessed, full cut-off fixtures with flat lenses. Lights shall not be mounted on the top or sides (facia) of the canopy and the sides of the canopy shall not be illuminated.

19-7-3 Exemptions. The following shall be exempt from the provisions of this ordinance, provided that such fixtures, except for those set forth below, do not cause disability glare:

• Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations, or other federal, state or county agencies, to include street lights within the public right-of-way.

• Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares.

• Holiday lighting fixtures.

• Motion activated light fixtures located as follows:

(1)

On lots developed with single family dwellings when such lighting fixtures emit initial lighting levels of 6,000 lumens or less, are extinguished within five minutes upon cessation of motion and are aimed such that the lamp or light bulb portion of the lighting fixture is not visible at five feet above the property boundary; or

(2)

On all other lots when such lighting fixtures are aimed such that the lamp or light bulb portion of the lighting fixture is not directly visible at five feet above the property boundary.

• Lighting necessary for construction or emergencies is exempt from the provisions of this ordinance provided said lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.

• Temporary circus, fair, carnival, or civic uses.

• Lighting associated with agricultural uses structures, such as a barn and paddock areas.

• Lighting associated with single family detached dwellings.

19-7-4 Non-conforming. Outdoor lighting lawfully existing prior to this adopted ordinance, that do not conform to the provisions of this ordinance shall be deemed to be a lawful non-conforming use and may remain. Non-conforming lighting that is changed to or replaced by a conforming lighting fixture shall no longer be deemed non-conforming and thereafter such lighting shall be in accordance with the provisions of this ordinance.

19-7-5 Applications. Any person submitting a site plan or applying for a building, electrical or sign permit to install outdoor lighting fixtures shall as a part of said application submit evidence that the proposed work will comply with this ordinance.

The lighting plan application shall include at least the following:

(1)

A site plan drawn to scale showing building(s), landscaping, parking areas and proposed exterior lighting fixtures;

(2)

Location of all post, canopy, supports and light fixtures, including the height of each fixture, for any building, structure, parking, display and loading areas;

(3)

Specifications of the illuminating devices, lamps, supports, and other devices, including designation as Illuminating Engineering Society of North America (IESNA) "cut-off" fixtures. This description may include but is not limited to manufacturers catalog cuts, and drawings where required.

(4)

Plan shall show locations of all pole mounted and building mounted fixtures and a numerical 25 foot by 25 foot grid of lighting levels, in footcandles, that the fixtures will produce on the ground (photometric report). The photometric report will indicate the minimum and maximum footcandle levels within the lighted area of the site. The minimum (lowest number) is usually at the outer edges of the illuminated area or between two fixtures. The average light level is determined by adding the footcandle value of all the points in the grid and dividing by the total number of points. This information is available from the manufacturer of the specified fixture.

The above required plans and descriptions shall be sufficiently complete to enable the zoning administrator to readily determine whether compliance with the requirements of this ordinance will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.

(Ord. of 6-12-18)

The purpose of this requirement is to guarantee timely installation and maintenance of improvements required by this appendix and/or in accordance with the approved site plan; and to ensure that resources are available to the county for installation and maintenance of such improvements should the developer fail to provide them in the manner and within the time period provided for in this chapter. In the case of default, the county shall use the available performance guarantee funds to complete the improvements thereby secured to the extent practicable. In no event, however, shall the county be bound to supplement the performance guarantee funds with other county funds in order to complete the improvements.

19-8-1 Limit on building permits in residential subdivisions pending acceptance of a public street. Building permits shall not be issued for more than 80 percent of the lots in a phase of a residential subdivision with public streets until the streets have been constructed to VDOT standards, inspected, and accepted into the state highway system, unless the developer posts a surety for maintenance of streets until accepted into state system as outlined in Section 8-3-4. The developer must also provide road maintenance contact details to the residents and to the Greene County Planning and Zoning Office.

19-8-2 General. A performance guarantee along with a development agreement in accordance with the standards in this article shall be required in the following circumstances:

19-8-2.1 The performance guarantee shall be received prior to the approval of the site plan to ensure completion and acceptance of public and private infrastructure improvements that are required as part of an approved site plan (e.g., streets, sidewalks, stormwater management facilities, potable water facilities, wastewater facilities, street lights);

19-8-2.2 To ensure completion of landscaping improvements that are required in accordance with Article 19 of the zoning ordinance but are not installed before occupancy of the development.

19-8-3 Form of performance guarantee. As found in Title 15.2 Chapter 22 of the Code of Virginia:

For the acceptance of dedication for public use of any right-of-way located within any subdivision or site plan or section thereof, which has constructed or proposed to be constructed within the subdivision or site plan or section thereof, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvement dedicated for public use, and maintained by the locality, the Commonwealth, or other public agency, and for the provision of other site-related improvements required by local ordinances for vehicular ingress and egress, including traffic signalization and control, for public access streets, for structures necessary to ensure stability of critical slopes, and for stormwater management facilities, financed or to be financed in whole or in part by private funds only if the owner or developer (i) certifies to the governing body that the construction costs have been paid to the person constructing such facilities or, at the option of the local governing body, presents evidence satisfactory to the governing body that the time for recordation of any mechanics lien has expired or evidence that any debt for said construction that may be due and owing is contested and further provides indemnity with adequate surety in an amount deemed sufficient by the governing body or its designated administrative agency; (ii) furnishes to the governing body a certified check or cash escrow in the amount of the estimated costs of construction or a personal, corporate or property bond, with surety satisfactory to the governing body or its designated administrative agency, in an amount sufficient for and conditioned upon the construction of such facilities, or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and so conditioned; or (iii) furnishes to the governing body a bank or savings institution's letter of credit on certain designated funds satisfactory to the governing body or its designated administrative agency as to the bank or savings institution, the amount and the form. The amount of such certified check, cash escrow, bond, or letter of credit shall not exceed the total of the estimated cost of construction based on unit prices for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed ten percent of the estimated construction costs. If the owner or developer defaults on construction of such facilities, and such facilities are constructed by the surety or with funding from the aforesaid check, cash escrow, bond or letter of credit, the locality shall be entitled to retain or collect the allowance for administrative costs to the extent the costs of such construction do not exceed the total of the originally estimated costs of construction and the allowance for administrative costs. "Such facilities," as used in this section, means those facilities specifically provided for in this section.

19-8-4 Amount of performance guarantee.

19-8-4.1 Performance guarantees for required improvements shall be in an amount equal to at least 110 percent of the estimated full cost of completing the installation of the required improvements, including the costs of materials, labor, and project management.

19-8-4.2 Estimated costs for completing installation of required public or private infrastructure improvements shall be itemized by improvement type and certified by the owner's or developer's licensed professional engineer, surveyor or landscape architect, and are subject to approval by the site plan agent. Estimated costs for completing installation of required landscaping or other private site improvements shall be itemized and certified by the owner's or developer's landscape architect or contractor, and are subject to approval by the site plan agent.

19-8-4.3 The guarantee shall renew annually and shall increase or decrease by an amount equal to the most recent quarterly Construction Cost Index published by Engineering News Record. This ensures that the estimated costs escalate as the Construction Cost Index escalates so that the guarantee amount reflects the most current cost to perform the improvements. In the case of default, the county shall use the available performance guarantee funds to complete the improvements thereby secured to the extent practicable. In no event, however, shall the county be bound to supplement the performance guarantee funds with other county funds in order to complete the improvements.

19-8-4.4 In the absence of a performance bond, or other guarantee, no final site plan shall be approved

19-8-4.5 Before undertaking any improvements required by the approved site plan, the developer shall submit four copies of his proposed plans and specifications to the zoning administrator and receive written approval thereof by the return of one copy with such approval endorsed thereon. No such approval shall be given without prior written approval of the highway engineer and/or the health official, as may be appropriate. Said plans and specifications shall have been prepared by a qualified surveyor or engineer, registered by the Commonwealth of Virginia. Of the copies retained, one shall be forwarded to the highway engineer and one to the health official, when appropriate, and the remaining copy or copies shall be filed with the commission's copy of the final plan.

19-8-5 Approval of improvements and release of performance guarantee.

19-8-5.1 Request for release. The owner or developer may submit to the site plan agent a written request for a periodic partial release or a final complete release of a performance guarantee. Such a request shall include:

a.

Certification by the owner's or developer's engineer that construction or installation of the public infrastructure improvements for which release of a performance guarantee is sought has been completed in accordance with approved plans and specifications, and that the improvements have been accepted and taken over for maintenance and operations by a state agency, local government department or agency, or other authority responsible for maintenance and operation of such improvements; or

b.

Certification by the owner's or developer's landscape architect or contractor that construction or installation of landscaping or other private site improvements for which release of a performance guarantee is sought has been completed in accordance with approved plans and specifications.

19-8-5.2 Action on request for release. The site plan agent shall grant a requested release of a performance guarantee only after:

a.

County staff has performed any needed inspection of the improvements and has certified in writing that the guaranteed improvements have been approved and accepted by the state agency, local government department or agency, or other authority responsible for maintenance and operation of such improvements;

b.

The owner or developer has reimbursed the county for all costs associated with conducting any inspection that finds the guaranteed public infrastructure improvements have not been installed in accordance with approved plans and specifications;

c.

The owner or developer has provided the site plan agent assurances that liens against guaranteed public infrastructure improvements will not be filed after their acceptance by the county (e.g., through affidavits, releases, or waivers of liens from all contractors and subcontractors); and

d.

The owner or developer has provided the site plan agent any required maintenance guarantee for the same public infrastructure improvements.

e.

An as-built plan will be required.

19-8-5.3 The site plan agent shall release a performance guarantee within 30 days after receiving a written request for the release unless the site plan agent notifies the requestor in writing of the nonreceipt of applicable state agency approval or of specified defects or deficiencies and suggested corrective measures before expiration of the 30-day period.

If the site plan agent fails to take action on a request for release of a performance guarantee within the 30-day period, the request shall be deemed approved and a partial release granted to the owner or developer. In such instances, no final release shall be granted after expiration of the 30-day period until the owner or developer has submitted a written request for such release to the site plan agent via certified mail, return receipt requested. If the site plan agent fails to take action on the request within ten days after receiving it, the request shall be deemed approved and a final release granted to the owner or developer.

19-8-5.4 Limit on partial releases. No performance guarantee for improvements shall be partially released until construction or installation of at least 30 percent of the guaranteed improvements has been completed. No performance guarantee shall be reduced to less than ten percent of the full amount of the performance guarantee until construction or installation of all the guaranteed improvements has been completed.

19-8-5.5 Default and forfeiture of performance guarantee.

a.

Notice of failure to complete improvements. If the owner or developer fails to complete installation of the guaranteed improvements (and in the case of public infrastructure improvements, to have the improvements accepted), the site plan agent shall give the owner or developer 30 days' written notice of the default by certified mail.

b.

County completion of improvements. After the 30-day notice period expires, the county may draw on the security and use the funds to perform work necessary to complete installation of the guaranteed improvements. After completing such work, the county shall provide a complete accounting of the expenditures to the owner or developer and, as applicable, refund all unused security deposited, without interest. In the case of default, the county shall use the available performance guarantee funds to complete the improvements thereby secured to the extent practicable. In no event, however, shall the county be bound to supplement the performance guarantee funds with other county funds in order to complete the improvements.

19-8-5.6 Surety for maintenance of streets until accepted into state system. If one or more public streets within a site plan are proposed for dedication or have been dedicated for public use and the street or streets, due to factors other than quality of construction, is not acceptable into the secondary system of state highways, the developer shall, prior to approval of the final site plan or prior to the final release of surety as provided , provide surety for the maintenance of the street or streets as provided herein:

a.

The developer shall furnish to the site plan agent a certified check, official check, bond with surety satisfactory to the county, or a letter of credit satisfactory to the county, or collaterally assign funds in a manner satisfactory to the county, in an amount sufficient for and conditioned upon the annual maintenance of the street or streets until it is accepted into the secondary system of state highways. The form and the type of the surety shall be to the satisfaction of and be approved by the county attorney.

b.

For purposes of this section, the term "maintenance" means maintenance of the streets, curb, gutter, drainage facilities, utilities or other street improvements, including the correction of defects or damages and the removal of snow, water or debris, so as to keep such road reasonably open for public usage.

c.

Failure by the developer or landowner to complete or maintain the required physical improvements or to remove snow in a period of time not to exceed 48 hours from the end of the snow event, shall constitute a default and/or a violation of the county ordinances.

d.

Thereafter, the county may avail itself of any and all available remedies of law and in equity.

(Ord. of 1-14-20(2); Ord. of 12-10-2024(2), 12-10-24)