(a)

The council shall establish a schedule of fees, charges, expenses and required materials, and collection procedure for building permits, certificates of occupancy, appeals and other matters pertaining to this chapter. The schedule of fees which is adopted by reference and declared to be a part of this chapter shall be posted in the town office and may be altered or amended only by the council. Sufficient fees shall be collected to cover the cost of making inspections, issuing permits, advertising notices and other expenses incident to the administration of this chapter.

(b)

Until all applicable fees, charges, and expenses have been paid in full, and all required material has been submitted, no action shall be taken on any application or appeal.

(c)

The applicant shall produce satisfactory evidence that any delinquent accounts (i.e., real estates taxes, nuisance charges, stormwater management utility fees, or any other charges that constitute a lien on the subject property, or that are owed to the town and have been properly assessed against the subject property) have been paid by any qualified party (i.e., the property owner, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent), prior to the initiation of any land use related application (i.e., special exception, special use permit, variance, rezoning, building permit, erosion and sediment control or stormwater permit or other land disturbing permit, or any final land use approval).

(d)

Pursuant to Virginia Code § 15.2-2286, the town may enter into a voluntary agreement with a landowner that results in the downzoning of the landowner's undeveloped or underdeveloped property in exchange for a tax credit equal to the amount of excess real estate taxes that the landowner has paid due to the higher zoning classification.

(Ord. No. 2021-002, 11-23-2021)

(a)

Purpose. The purpose of the special use procedure is to provide for certain uses which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a certain zoning district and therefore require the exercise of planning judgment. An application for a special use permit may be made by a property owner, for his property, for any use which is listed as a special use in the zoning district in which his property is located. A duly authorized agent for an owner may make an application, provided a legally sufficient power of attorney, as approved by the town attorney, has been executed.

(b)

General guides and standards. The council, under the provisions of this section, shall evaluate the impact and compatibility of each such use, and shall specify such reasonable conditions and restrictions as well as will assure the use is compatible with the area in which it is to be located, is appropriate and not in conflict with the town's comprehensive plan, and does not adversely affect general welfare. Where that cannot be accomplished, council shall deny the use as not in accord with adopted plans and policies or as being incompatible with the existing uses permitted by right in the area.

(c)

Consideration. In consideration of an application filed with the zoning administrator, the town council, after public hearings conducted by the planning commission and the town council, may authorize the special use of those uses that are expressly listed as special uses in a certain zoning district or elsewhere within the ordinance; however, no such special use procedure shall be required for a use allowed as a by-right permitted use in such district.

(d)

Procedure. The procedure for a special use permit is generally the same as described in part (c), including a public hearing and recommendations made by the planning commission and the town council in addition to the items set forth below:

(1)

Review of application for completeness. A complete application is one that meets the submission requirements found on the special use permit application. No application shall be accepted for review until it is deemed complete by the zoning administrator. The administrator's determination of completeness shall not be deemed a determination of approval. Such approval is only determined by the town council, subject to the standards set forth in this section. A complete application consists of:

a.

Application, signed by the applicant and the property owner.

b.

Fee. Non-refundable fee, with checks made payable to "Town of Haymarket".

c.

Description and justification. A description of the proposed use, including any details such as anticipated hours of operation, type of clientele, proposed or existing structures, and number of anticipated vehicles. A justification in support of your request should address all issues for consideration located in section 58-1.7(e).

d.

Concept plan for the property. Plan does not need to be professionally engineered, but it must include enough detail to be judged adequately by the planning commission and town council.

e.

Traffic study. A traffic study is required for special use permits prepared by an engineer, surveyor, or other accepted professional as deemed by the zoning administrator. Zoning Administrator may waive this requirement. Either the waiver or the traffic study must be included at the time of submission.

1.

If the applicant feels that traffic will not pose an adverse effect, a waiver may be obtained. Proof of no adverse traffic must be provided either by an engineer, surveyor, or other accepted professional, or demonstrated through a map program (such as Google Maps). A narrative explaining the proof of no adverse traffic must accompany the waiver. The waiver may be accepted or rejected by the zoning administrator. All parts of the waiver must be complete at the time of submission.

(e)

A special use shall be approved if its design, location, construction, method of operation, special characteristics and other aspects satisfy the following standards:

(1)

The proposed use at the stipulated location shall be in accordance with the official policies of an adopted comprehensive plan, and with any specific element of such a plan.

(2)

The proposed use shall be in accordance with the general purpose and intent of the applicable zoning district requirements.

(3)

The proposed use shall not adversely affect the use or values of surrounding properties and structures.

(4)

The proposed use shall not adversely affect the health, safety or general welfare of persons residing or working in the neighborhood.

(5)

Pedestrian and vehicular traffic generated by the proposed use shall not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

(6)

Utility, drainage, parking, loading and other necessary facilities provided to serve the proposed use shall be adequate.

(f)

Affordable housing. Wherein the applicant proposes affordable housing, the conditions in connection with the residential special use permit shall be consistent with the objective of providing affordable housing. The council shall consider the impact of the conditions upon the affordability of the housing when imposing conditions on residential projects specifying material and methods of construction or specific design features.

(Ord. No. 2021-002, 11-23-2021)

All department officials and public employees of this jurisdiction which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void.

(Ord. No. 2021-002, 11-23-2021)

(a)

Any new construction, reconstruction, enlargement, or alteration shall be started only after all requirements of this chapter have been met and a zoning permit has been obtained from the administrator.

(b)

Each application for a zoning permit shall be accompanied by three copies of a scale drawing. The drawing shall show the size of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land, and the location of such building or use with respect to the property lines of the parcel of land and to the right-of-way of any street or highway adjoining the parcel of land. Any other information which the administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this chapter, a permit shall be issued to the applicant by the administrator. One copy of the drawing shall be returned to the applicant with the permit.

(c)

Submission and approval of a plan of development shall be completed prior to the issuance of building permits to ensure compliance with all regulations contained in this zoning ordinance.

(d)

Prior to approval of the development plans, the applicant shall be required to disclose and remediate any contamination or other adverse environmental conditions of the property.

(Ord. No. 2021-002, 11-23-2021)

The applicant shall schedule a meeting with the zoning administrator to discuss the process and proposed action prior to submitting an application.

(Ord. No. 2021-002, 11-23-2021)

Before a building permit shall be issued or construction commenced on any permitted use, or a permit issued for a new use or a change of use, a site plan prepared in accordance with this chapter shall be submitted for review. If the change of use does not require additional parking, change in ingress/egress, or other exterior modifications, then the site plan requirement may be waived at the discretion of the Zoning Administrator. A site plan is processed as either a minor or a major site plan as defined by this ordinance. Minor site plans shall be approved administratively by staff within the established review times and process. The Planning Commission shall have final purview over major site plans with an appeal process to the Board of Zoning Appeals. Modification of the plans may be required by staff, or the Planning Commission as dictated by ordinance requirements. The Administrator may request additional information, which is deemed necessary and appropriate to demonstrate compliance with this article or other conditions imposed by this chapter.

(Ord. No. 2021-002, 11-23-2021)

(a)

An applicant shall submit a preliminary site plan for review. Such preliminary site plan, prepared by a licensed engineer or land surveyor, or in the case of minor site plans, in a form acceptable to the Administrator, shall be reviewed and returned to the applicant with comments within 60 days. This requirement for a preliminary site plan may be waived by submitting an application to the Administrator at the pre-application meeting.

(b)

Unless otherwise waived, the preliminary site plan shall include the following information, at a minimum:

(1)

Name and address of development, owner and applicant and date of plan.

(2)

Seal and signature of the design professional engineer or land surveyor shall be on each sheet.

(3)

Depiction of the following elements:

a.

Existing topography with a maximum five-foot contour intervals referenced USGS Datum, extending a minimum of 50 feet beyond the parcel(s) property line;

b.

North point;

c.

Scale (not to exceed one inch = 100 feet);

d.

Boundary of the entire tract by courses and distances;

e.

Vicinity map no smaller than one inch = 3,000 feet;

f.

Total project site acreage.

(4)

Owner, present zoning, GPIN and present use of the project parcel(s) and all contiguous or abutting properties. Provide plan name and plan number of any adjacent projects.

(5)

A zoning tabulation showing required and provided front yards/setback, side yards, back yards, buffers to adjacent properties, site coverage, and height restrictions. For residential site plans, provide density.

(6)

Approximate plan view location of all existing structures and improvements, including:

a.

Existing storm drainage on the parcel(s) and within 50 feet of the property lines with type, size and direction of flow labeled;

b.

Streams, ponds, marshes, approximate boundaries of wetland areas on the project parcel(s), and within 50 feet of the property lines;

c.

RPA boundary or a note indicating there are no mapped RPAs on the site;

d.

The approximate 100-year flood area boundary and the source of the information;

e.

The location of all cemeteries and other historic sites on the parcel or note indicating that there are none on site.

(7)

Plan view representation of proposed front yards/setbacks, side yards, rear yards, buffers, and lot layout with lot numbers, if applicable.

(8)

Proposed open spaces and recreation areas, and provisions for the perpetual maintenance thereof.

(9)

Location of all existing and proposed easements, their widths and uses.

(10)

Plan view location of all proposed structures with their proposed uses and distances to property lines and other buildings; and all proposed improvements, including signs, sidewalks/bike paths, streetlights, fencing and screening.

(11)

For residential site plans, a lot tabulation including:

(12)

Individual lots and open spaces;

(13)

Lot/open space area;

(14)

Lot coverage;

(15)

Frontage length at the setback line.

(16)

Number of stories, gross and net floor areas for each existing and proposed nonresidential structure labeled on the plan view.

(17)

Parking layout shown in plain view including typical size, number of spaces by location and aisle widths; tabulation showing total number of required and provided parking spaces.

(18)

Proposal for on-site vehicular circulation, including all streets, travel lanes, entrances and exits, service drives and points of access to adjacent properties. Street widths and VDOT classification noted.

(19)

Estimate of existing, if applicable, and proposed daily vehicular trips generated by the site.

(20)

Typical roadway pavement and design section for all proposed public streets.

(21)

Street rights-of-way, including name, recordation deed book and page references, or route numbers, and widths. Location of right-of-way for future or proposed roadways on sites where such facilities are shown on the comprehensive plan.

(22)

Location and general character of all existing and proposed utilities and structures, such as water, sewer, gas, electric, telephone, wells and drain fields on the project parcel(s) and within 50 feet of the property lines.

(23)

Estimate of anticipated sewage flows in gallons per day.

(24)

Preliminary stormwater management and BMP locations identified, and type noted.

(25)

Preliminary storm drainage layout.

(26)

General limits of proposed clearing and grading.

(27)

Preliminary landscape plan.

(28)

Plan for the phasing of development, if any.

(29)

Revisions shall have a completed revision block on each sheet identifying the revisions. A revision to an approved plan shall include a detailed narrative outlining the proposed revisions.

(30)

A plat notation to show RPA and RMA boundaries

(31)

A plat notation to retain an undisturbed and vegetated 100-foot-wide buffer area located along other water bodies with perennial flow

(32)

If development is to occur near North Fork Creek, a 100-foot-wide buffer area of undisturbed vegetation is required

(33)

A plat notation regarding on-site septic systems to be pumped out every five years

(34)

Notation regarding requirement for 100 percent reserve drain field sites for on-site sewage treatment systems

(35)

Development in the RPA is limited to water dependent facilities or redevelopment, including the 100-foot-wide vegetated buffer

(36)

Delineation of the buildable area be shown on all submitted site plans

(c)

A final site plan shall be prepared and certified by an engineer and/or surveyor and shall include the following minimum information:

(1)

Name and address of development, owner and applicant and date of plan.

(2)

Seal and signature of the design professional engineer or land surveyor shall be on each sheet.

(3)

Depiction of the following items:

a.

Existing topography with a maximum two-foot contour intervals referenced USGS Datum, extending a minimum of 50 feet beyond the parcel(s) property line;

b.

North point;

c.

Scale (not to exceed one-inch equals 30 feet);

d.

Boundary of record for the entire tract by courses and distances and with 1/10,000 closure ratio;

e.

Vicinity map no smaller than one inch = 3,000 feet;

f.

Total project site acreage;

(4)

Owner, present zoning, GPIN and present use of the project parcel(s) and all contiguous or abutting properties. Provide plan name and plan number of any adjacent projects.

(5)

A zoning tabulation showing required and provided front yards/setback, side yards, back yards, buffers to adjacent properties, site coverage, and height restrictions. For residential site plans, provide density.

(6)

Approximate plan view location of all existing structures and improvements, including

a.

existing storm drainage on the parcel(s) and within 50 feet of the property lines with type, size and direction of flow labeled;

b.

streams, ponds, marshes, approximate boundaries of wetland areas on the project parcel(s), and within 50 feet of the property lines;

c.

RPA boundary or a note indicating there are no mapped RPAs on the site;

d.

the approximate 100-year flood area boundary, the source of the information; the hydrologic, hydraulic, input and output summaries, cross sections and profiles must be added to the plan;

e.

the location of all cemeteries and other historic sites on the parcel or note indicating that there are none on site.

(7)

Plan view representation of proposed front yards/setbacks, side yards, rear yards, buffers, and lot layout with lot numbers, if applicable.

(8)

Proposed open spaces and recreation areas, and provisions for the perpetual maintenance thereof.

(9)

Location of all existing and proposed easements, their widths and uses.

(10)

For residential site plans, a lot of tabulation including:

a.

Individual lots and open spaces;

b.

Lot/open space area;

c.

Lot coverage;

d.

Frontage length at the setback line.

(11)

Number of stories, gross and net floor areas for each existing and proposed nonresidential structure labeled on the plan view.

(12)

Parking layout shown in plain view including typical size, number of spaces by location and aisle widths; tabulation showing total number of required and provided parking spaces.

(13)

Plan view location of all proposed structures with their proposed uses and distances to property lines and other buildings; and all proposed improvements, including signs, sidewalks/bike paths, handicap access curb ramps, guardrail, streetlights, fencing and screening. Sizes and widths annotated.

(14)

Proposal for on-site vehicular circulation, including all streets, travel lanes, entrances and exits, service drives, driveways, and points of access to adjacent properties. Street widths, VDOT classification, rates of superelevation, vertical curves with sight distance noted. Horizontal and vertical sight distances verified at all intersections. All entrances labeled to proper standards and percent of grades noted at all commercial entrances.

(15)

Estimate of existing, if applicable, and proposed daily vehicular trips generated by the site.

(16)

Typical roadway pavement and design section for all proposed public streets.

(17)

Street rights-of-way, including name, recordation deed book and page references, or route numbers, and widths. Location of right-of-way for future or proposed roadways on sites where such facilities are shown on the comprehensive plan.

(18)

Location and character of all existing and proposed utilities and structures, such as water, sewer, gas, electric, telephone, wells and drain fields on the project parcel and within 50 feet of the property lines with sizes and types labeled. Profiles for proposed water, sewer and gas included in the plans. Fire flow calculations shall be submitted separately to the town clerk.

(19)

Current Prince William County Service Authority Information Sheet included, filled out and signed.

(20)

Floodplain study, if applicable.

(21)

Storm drainage system including, all required computations, on the project parcel(s) and within 50 feet of the property line with sizes, type of pipe, gradients, invert elevations, profiles, direction of flow, drainage divides and areas for each structure.

(22)

Stormwater management and BMP facilities, including 10-year and 100-year water surface elevations, and all required computations, BMP map, and access and maintenance easements.

(23)

Final grading plan.

(24)

Limits of proposed clearing and grading.

(25)

Erosion and sediment control plans including devices, locations, notes, and narratives. Erosion and Sediment Control Checklist per the Virginia Erosion and Sediment Control Handbook included in plans.

(26)

Documentation and analysis for adequate outfall.

(27)

Final landscape plan.

(28)

Final lighting/photometric plan.

(29)

Comprehensive sign plan, if applicable.

(30)

Unit price list for bonds and escrows completed using the current Prince William County Unit Price List.

(31)

Any approved waivers, variances or proffers included in the plan set.

(32)

Plan for the phasing of development, if any.

(33)

Names of streets. Prior to being placed on any agendas, each proposed building shall be annotated with a premise address assigned by the county mapping office.

(34)

Plat, draft deed(s), and draft stormwater management agreement shall be submitted with the first submittal.

(35)

A plat notation to show RPA and RMA boundaries.

(36)

A plat notation to retain an undisturbed and vegetated 100-foot-wide buffer area located along other water bodies with perennial flow.

(37)

If development is to occur near North Fork Creek, a 100-foot-wide buffer area of undisturbed vegetation is required.

(38)

A plat notation regarding on-site septic systems to be pumped out every five years.

(39)

Notation regarding requirement for 100 percent reserve drain field sites for on-site sewage treatment systems.

(40)

Development in the RPA is limited to water dependent facilities or redevelopment, including the 100-foot-wide vegetated buffer.

(41)

Delineation of the buildable area be shown on all submitted site plans.

See also: Plat requirements shown in this section are also noted as required in section 58-22.23 and 58-22.24 of the Subdivision Ordinance.

(Ord. No. 2021-002, 11-23-2021; Ord. No. 2024-002, 8-5-2024)

Revisions shall have a completed revision block on each sheet identifying the revisions. In addition, a revision to an approved plan shall include a detailed narrative outlining the proposed revisions and all revisions shall be circled in red.

(Ord. No. 2021-002, 11-23-2021)

(a)

A site plan may be prepared in one or more sheets to clearly show the information required by this article, to facilitate review and approval of the plan. If prepared in more than one sheet, match lines shall clearly indicate where the several sheets join. The sheet to be used shall be a maximum of 24 inches by 36 inches in size. A total of five complete sets of blue or black line copies of a final site plan, prepared in accordance with the requirements of this article, shall be submitted for approval under this section.

(b)

Prior to approval of final site plans, each proposed building shall be annotated with premises addresses assigned by the Prince William County Geographic Information Systems Division of the Department of Information Technology.

(c)

Written approval letters from all necessary outside governing agencies, including but not limited to, state Department of Transportation, Prince William Service Authority, state Department of Health shall be included. Written approval letters from Virginia Department of Environmental Quality (DEQ) for VSMP on projects greater than one acre shall also be included.

(Ord. No. 2021-002, 11-23-2021)

(a)

A fee, payable to the town, shall be paid at the time of submission of the application for review and action on a preliminary site plan and a final site plan, in accordance with the fee schedule adopted by the town council.

(b)

A fee, payable to the town, shall be paid prior to the issuance of zoning/building permits for construction pursuant to an approved final site plan, according to the fees established by the town council.

(Ord. No. 2021-002, 11-23-2021)

(a)

An applicant shall file a proposed preliminary site plan or a proposed final site plan with the town. The town staff shall then refer major site plan applications to the planning commission for its review and approval.

(b)

In compliance with Code of Virginia § 15.2-2259, the planning commission or other agent shall act on any proposed final site within 60 days of the plan being officially submitted. If approval of a feature(s) by a state agency or other public authority is necessary, the commission or agent shall forward the plan to the appropriate state agency or agencies for review within 10 business days of receipt of the plan. The state agency shall respond in accordance with the requirements set forth in § 15.2-2221, which shall proportionally extend the time for the action by the town. The reasons for disapproval shall identify deficiencies in the plan and shall identify modifications that will permit approval of the plan. The local planning commission or other agent shall act on any proposed site plan that it has previously disapproved within 45 days after the plan has been modified, corrected, and resubmitted for approval. Once approved, the recorded site plan or plan of development is valid for a period of five years in accordance with § 15.2-2261 of the Code of Virginia.

(Ord. No. 2021-002, 11-23-2021)

(a)

An approved final site plan shall be valid for a period of not less than five years from the date of approval thereof or for such longer period as the local planning commission or other agent may, at the time of approval, be determined to be reasonable, taking into consideration the size and phasing of the proposed development. A site plan shall be deemed final once it has been reviewed and approved by the locality if the only requirement remaining to be satisfied in order to obtain a building permit is the posting of any bonds and escrows. Construction or development may begin upon approval of the final site plan, posting of the required assurances, payment of fees, recordation of plats (if necessary), and acquisition of required permits. Any person who fails to secure the required permits or allows those permits and/or assurances to expire within the time period set forth in this section shall thereafter be required to file a new final site plan which conforms with current town standards and requirements at the time of the new application and shall pay an appropriate review fee.

(b)

In accordance with §15.2-2209.1 of the Code of Virginia, any site plan valid under subsection (a) above, and outstanding as of January 1, 2011, shall remain valid until July 1, 2017, or such later date provided for by the terms of the locality's approval, local ordinance, resolution, or regulation, or for a longer period as agreed to by the locality.

(c)

No permits shall be issued by the administrator unless they are in strict accordance with the approved final site plan (including approved minor adjustments).

(d)

It shall be a violation of this article to construct, develop, erect, alter or change in any way any structure or land except in accordance with the approved final site plan (including approved minor adjustments).

(e)

Final subdivision, easement or other record plats associated with site plans are valid for six months from the date of approval. The approval of these plats shall be null and void if the plat is not offered for recordation within six months after the date of approval.

(Ord. No. 2021-002, 11-23-2021)

After a final site plan has been approved, minor modifications, which comply with the spirit of this article and other provisions of this chapter and with the general purpose of the comprehensive plan for the development of the area, may be approved by the Administrator without formal review when such modifications:

(1)

Do not reduce or alter the percentage of land shown as grass or landscaped area under the original plan.

(2)

Do not expand the building size or area of the lot surface in active use.

(3)

Do not reduce or change the efficiencies of the stormwater system.

(4)

Meet all applicable state, federal and local guidelines for the use or design proposed.

(Ord. No. 2021-002, 11-23-2021)

(a)

If during the course of construction, it becomes necessary to deviate from the approved plan, the property owner/contractor must notify the zoning administrator immediately and submit to the town clerk a revised site plan with the changes proposed. The zoning administrator shall then determine if such changes may be approved under section 58-2.8 or if full review will be required. The deviation proposed may not be made until the plan is approved by the town.

(b)

When any person fails to follow such steps to deviate from the plan, or when any person constructs without a plan in conformance with this article, the building official may notify the property owner and/or contractor on site of the violation and issue a stop work order on such non permitted construction.

(Ord. No. 2021-002, 11-23-2021)

(a)

As a condition to the approval of a final site plan, the owner or developer shall be required to guarantee completion of the public and other site-related improvements associated with the development prior to approval of the final plat.

(b)

The following performance guarantees shall be required as applicable to the site:

(1)

Any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline or any improvements dedicated for public use;

(2)

Erosion and sediment control measures and stormwater management facilities;

(3)

Any privately-owned site-related improvements, including but not limited to fencing, landscaping, buffering, internal sidewalks, lighting, and paving as required by this chapter but not completed prior to issuance of a certificate of occupancy.

(4)

Other site-related improvements required by local or state ordinance.

(c)

Performance guarantees shall only include the cost of any facility or improvement shown or described on the approved plat or plan of the project for which such guarantee is being furnished.

(d)

The required guarantee shall be provided in an amount equivalent to the total estimated cost of construction based on unit prices for new public or private sector construction in the town. The owner or developer shall submit a written itemized estimate of the total cost of construction, certified as being accurate, as part of the development application and subject to town approval.

(e)

The following forms of guarantees may be used to satisfy the requirements of this section. The owner or developer may furnish to the town, subject to the approval of the zoning administrator:

(1)

A certified check or cash escrow in the amount of the estimated costs of construction;

(2)

A personal, corporate or property bond with surety in an amount sufficient for the construction of the proposed facilities, or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount;

(3)

A bank or savings institution letter of credit on certain designated funds.

(4)

Letter of credit. Letter of credit cannot go past five years from the date the LOC is submitted.

(f)

All performance guarantees shall provide that such bond, letter of credit, or other agreement shall not be terminated, canceled, or modified without at least 30 days' prior written notice by certified mail to the administrator.

(g)

All performance guarantees shall provide for the completion of construction of all facilities within a time determined by the Administrator.

(h)

Extensions of time. If guaranteed facilities are not completed in a timely manner acceptable to the town, the administrator may proceed via the provisions for default, below, or grant an extension of time for the completion of facilities, not to exceed one year provided:

(1)

All surety consents have been acquired and approved by the town;

(2)

The owner has submitted an acceptable schedule for completion; and

(3)

Inspection of existing physical improvements is found to be satisfactory.

(i)

Partial release of performance guarantee.

(1)

Upon completion of at least 30 percent of the improvements covered by a performance guarantee, the applicant may file a written request for partial release of such a guarantee.

(2)

The administrator shall act upon each written request for a periodic partial release within 30 days of receipt. The administrator may inspect the facilities for conformance to the terms and conditions of the approved plan and specification for the facility.

(3)

If no action is taken by the administrator during the 30-day period, the request for partial release shall be deemed approved.

(4)

The administrator shall have the authority to require that each request be accompanied by the certification of a professional licensed to make such determination that the required improvements are partially or finally completed in accordance with the approved plans and specifications.

(j)

Final release of performance guarantee.

(1)

Upon final completion of the facilities, the applicant may file a written request for final release of the performance guarantee. The Administrator may inspect the facilities for conformance with the terms and conditions of the approved plan and specifications for the facilities subject to the performance guarantee.

(2)

Landscaping performance guarantees. Once 90 percent of the landscaping has been installed, inspected, and approved by the administrator, 90 percent of the performance guarantee shall be released. The remaining ten percent shall be held in escrow for a minimum of two years. The final ten percent shall be released at the end of the two-year period upon inspection and approval by the administrator.

(3)

Within 30 days of the receipt of the written request, the administrator shall either accept the request and release the remaining guarantee or notify the applicant of specific defects or deficiencies and suggest corrective measures.

(4)

If the administrator fails to act within the 30-day period, the applicant may make an additional request in writing for final release, sent by certified mail to the town manager. The town manager shall act within ten working days of receipt of this request. If no action is taken, the request shall be deemed approved, and the final release granted to the applicant.

(5)

Final release of any performance guarantee for public facilities shall not occur prior to receipt of as-built plans demonstrating compliance with all town requirements.

(6)

The administrator shall have the authority to require the request be accompanied by the certification of a professional licensed to make such determination that the required improvements are partially or finally completed in accordance with the approved plans and specifications.

(k)

Default. In the event of default in the construction of guaranteed facilities, the administrator is authorized to take such actions as may be required to protect the town and the public, including, but not limited to:

(1)

Require recalculation and reassessment of security;

(2)

Draw or make demand on the owner or developer's security;

(3)

Contract for the completion of the work;

(4)

Enter the property for purposes of completing the work; and

(5)

Bring an action at law against the owner, developer, and/or surety.

(6)

Whenever a performance guarantee is required by the terms of conditional rezoning, the administrator shall employ the procedures provided in this section to establish the amount and form of the guarantee in accordance with this section.

(l)

As-built plan requirements. The town uses the Prince William County As-Built Checklist.

(Ord. No. 2021-002, 11-23-2021)

(a)

Inspections during the installation of required off-site and on-site improvements shall be made by the town building inspector, or appropriate county or state inspector, to assure compliance with the approved final site plan and applicable standards. The owner or developer shall notify the inspector three days prior to the commencement of any street or storm sewer work shown to be constructed on the final site plan, in order that inspections may be scheduled.

(b)

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

(c)

Upon satisfactory completion of the installation of required improvements, the owner shall receive a certificate of approval from the zoning administrator, upon the application for such a certificate.

(Ord. No. 2021-002, 11-23-2021)

Any interest in streets, alleys, easements for drainage, and easements for a public utility granted to the town as a condition of approval of a site plan may be vacated according to the provisions of the Code of Virginia.

(Ord. No. 2021-002, 11-23-2021)