The purpose of this section is to establish the minimum design and improvement standards that will be required as a precondition to development or in conjunction with development for lots, streets, utilities, and other physical components of development projects. Standards exceeding these minimum requirements may be provided by the developer or required by the board of supervisors. This article is primarily intended to promote development that is most harmonious with the Isle of Wight County Comprehensive Plan while providing guidelines and standards to protect the public health, safety, and welfare. (7-7-05; 7-19-18.)

The provisions contained in this section apply to the following types of development projects:

A.

Any single-family attached or multifamily residential development;

B.

Commercial, manufacturing or industrial structures or uses;

C.

Commercial marinas, and related facilities as well as incidental docks, piers, bulkheads or other over-water structures;

D.

Educational and religious institutions or facilities, and private, public or quasipublic clubs and incidental accessory structures; and

E.

Development which requires off-site improvements involving the expenditure of public funds. (7-7-05; 7-19-18.)

A.

Bona fide agricultural activities.

B.

Silvicultural activities.

C.

Planned development as regulated by article IV of this ordinance. (7-7-05; 7-19-18.)

A.

Preliminary site analysis.

1.

Prior to initiating site design, a written site analysis shall be prepared including details of the physical characteristics of the development site, such as:

a.

Soils;

b.

Topography;

c.

Existing vegetation;

d.

Existing structures;

e.

Historical and architectural significance, including a background and site assessment to determine whether or not an archeological study is required. A background assessment shall include a historical and cultural inventory to include all sites referenced on the Isle of Wight [County] historic sites and inventory within the Isle of Wight County comprehensive plan. Where county studies have indicated a moderate or high probability that archeological resources may exist on the property, a Phase I historic and archeological study in accordance with and under the discretion of the Virginia Department of Historic Resource shall be conducted;

f.

Environmentally sensitive lands, i.e., watercourses, wetlands, federal and state protected natural features, and other natural features, including an environmental assessment that identifies and evaluates the impact of the proposed development on the natural resources and characteristics of the property, and surrounding properties including resources such as, but not limited to, wetlands, flora and fauna and other ecosystems. This shall include written confirmation of all federal and state agencies' reviews. The inventory assessment shall also include alternatives and planned measures to mitigate any impacts identified;

g.

Relationship of the site to existing road networks;

h.

Public water and sewer facilities;

i.

Availability of continuous and unobstructed access for all emergency vehicles, and the provision for fire hydrants and water sources for fire protection;

j.

Schools, including anticipated impacts on existing and proposed facilities, any provisions for accommodating community needs and any means to improve access to any such facility within one (1) mile of the site;

k.

Recreation, including anticipated impacts on existing and proposed facilities, any provisions for accommodating community needs and any means to improve access to any such facility within one (1) mile of the site;

l.

Essential services related to the nature of the intended use;

m.

Adjoining land uses and structures, including the impact of construction and permanent changes in land use upon surrounding property, such as aesthetics, vegetation, stormwater, noise, air, light, and pollution of natural water resources, groundwater, and potable water supplies;

n.

Local and regional plans for the surrounding area; and

o.

Relation of this site to existing and proposed pedestrian pathways and bikeways, including an assessment that identifies existing and proposed bikeways and pedestrian pathways for the purpose of providing for additional non-vehicular, multipurpose pathway connections.

2.

Information required as part of the site analysis may have been submitted as part of a rezoning application. In such cases, a copy of the site analysis information presented during the rezoning process may be submitted to satisfy this requirement. However, in any case, the site analysis must contain current information.

B.

Site design.

1.

Development of the site shall be based on the results of the site analysis, and the capacity of adjacent roads which will serve the property, the capacity of public water and sewer systems if connections are proposed, and the capacity to provide reasonable and timely response to requests for police, fire and ambulance services.

2.

To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, to preserve historic structures and to minimize negative impacts and alteration of natural features.

a.

The following includes those areas that shall, at a minimum, be preserved as undeveloped open space, to the extent consistent with the reasonable use of land, and in accordance with applicable federal, state or county regulations:

i.

Tidal and nontidal wetlands, tributary streams (perennial), and tidal shorelines;

ii.

Significant trees or stands of trees;

iii.

Land located in the 100-year floodplain as designated by the Isle of Wight County Floodplain Management (FPM) District Ordinance;

iv.

Steep slopes in excess of thirty percent (30%) unless development is demonstrated to be the only effective way to maintain or improve slope stability;

v.

Historically significant structures and sites, as listed on federal, state, or county lists of historic places.

b.

The development shall be designed to:

i.

Minimize adverse affects on groundwater and aquifer recharge;

ii.

Reduce cut and fill;

iii.

Avoid unnecessary impervious cover;

iv.

Prevent flooding;

v.

Provide adequate access to lots and sites; and

vi.

Mitigate adverse effects of shadow, noise, odor, glare, traffic, drainage, and utilities on neighboring properties.

3.

The road system shall be designed so as to permit the safe, efficient, and orderly movement of vehicular traffic; to meet the needs of the present and future population; to provide for the interconnection of streets between adjoining developed and undeveloped lands to assure adequate traffic flow; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape.

4.

The Virginia Department of Transportation shall approve the location and design of vehicular entrances and exits to and from state-maintained streets and highways.

5.

The development shall be designed to provide an adequate drainage system for the disposition of storm and natural waters, to include, where required, stormwater structures and/or best management practices.

6.

Existing natural features and amenities that add value to a development or to the local community as a whole, such as trees, watercourses, beaches, historic sites, and similar irreplaceable assets, shall be preserved in the design of the development.

7.

Existing trees eight (8) inches or more in diameter measured at breast height (four and one-half (4½) feet from ground level) shall be given high priority in determining the location of open space, structures, underground utilities, walks, and paved areas. Areas in which trees are preserved shall remain at original grade level and shall remain undisturbed wherever possible.

8.

Landscaping shall be provided in the required landscaping zones. The type and amount of landscaping required shall be allowed to vary with the type of development, but shall be consistent with standards outlined in article VIII, landscaping and screening standards.

9.

Internal pedestrian pathways or bikeways shall be located as required for safety and as determined by the zoning administrator. In conventional developments, walks shall be placed parallel to the street, with exceptions permitted to preserve natural features or to provide visual interest. The standards for construction of pedestrian and bicycle facilities in Isle of Wight County shall meet the required comprehensive standards as adopted by the board of supervisors.

C.

[Residential development design.] .....Residential development design within development service districts, excluding planned developments, and under the density bonus for cluster development in the rural agricultural conservation district as designated by the comprehensive plan shall comply with the following:

1.

Residential lots shall front only residential access or subcollector streets, not on collector streets or arterial streets or roads.

2.

In the design of residential developments, commercial through traffic shall be prohibited.

3.

Every residential lot shall have sufficient vehicular access to it for emergency vehicles, as well as for persons needing access to the property for its intended use.

4.

The placement of dwellings in residential developments shall take into consideration topography, building height, orientation, drainage, and aesthetics.

5.

Structures shall be spaced so that adequate privacy is provided for individual dwellings.

6.

Residential dwellings shall be located and sited to facilitate easy pedestrian access to common open space.

7.

Diversity and originality in lot layout and individual dwelling design shall be encouraged to achieve the best possible relationships between the residential development and the land.

8.

Individual lots and dwellings shall be arranged and situated so as to relate to surrounding properties, and to improve the view from dwellings.

9.

Individual lots, dwellings, and parking areas shall be situated to avoid the adverse effects of shadows, noise, glare, and traffic on the residents of the development.

10.

Innovative design that encourages energy conservation shall be encouraged.

D.

[Commercial and industrial developments.] .....Commercial and industrial developments shall be designed according to the same principles governing the design of residential developments and in particular shall take into consideration the following:

1.

Structures and roadways shall be located according to topography to avoid environmentally sensitive areas to the maximum extent practicable.

a.

Factors such as drainage, noise, glare, odor, and surrounding land uses shall be considered in siting structures;

b.

Sufficient vehicular and pedestrian access shall be provided within the site development and for overall efficient access to the site; and

c.

Buffering shall be provided to minimize adverse impacts on neighboring properties.

2.

Pedestrian walkways shall be provided so that patrons may walk from store to store or building to building within the site and to adjacent sites.

3.

Site design shall take into consideration the needs of the disabled and shall comply with all related design standards as may be required by the Americans with Disabilities Act. (7-7-05; Ord. No. 2011-10-C, 6-16-11; 7-19-18.)

In order to promote the efficient design of property, assure a serviceable arrangement of structures and physical improvements and ensure compliance with the articles of this ordinance, a site development plan for certain development types and land uses shall be required for development review and approval. Such approval is required prior to the issuance of a zoning and building permit. (7-7-05; 7-19-18.)

A.

A residential plot plan, in compliance with the following, shall be submitted for the construction or location of all new single-family detached dwellings or two-family dwellings on an existing or platted lot:

1.

For sites located outside of the Chesapeake Bay Watershed:

a.

The latest survey of the property prepared by a licensed surveyor or engineer. For lots greater than five (5) acres in size or lots for which no recent survey is available, a copy of the tax map may be provided, subject to the approval of the zoning administrator.

b.

The specific location and foot print of all existing and proposed structures on the property shall be drawn to scale, including accurate distances from all property lines and shall be signed by the owner/applicant.

c.

The location of existing or proposed well and septic system shall be accurately shown on the plot plan.

d.

The points value and location of installation for all required landscaping points and/or credits in accordance with article VIII.

e.

The plot plan shall show all erosion and sediment control measures on the site (construction entrance, silt screening, etc.) necessary to prevent sediment from leaving the construction area. Such measures shall be specific to the drainage on the site.

f.

Properties which include areas designated as flood hazard areas shall be required to submit documentation from a licensed surveyor as to the location and elevation of the proposed structure in relationship to the base flood elevation.

g.

Copies of all other permits from state or federal agencies shall be submitted with the plot plan.

h.

The name and address of the owner of record and the tax map number shall be shown on all documents submitted.

2.

For all sites located within the Chesapeake Bay Watershed:

a.

All plans and documentation shall be prepared and sealed by a licensed surveyor, engineer or landscape architect that is otherwise qualified by law to prepare such plans.

b.

A boundary line and building location survey of all existing and proposed buildings shall be submitted at a scale acceptable to the zoning administrator. For sites greater than five (5) acres, a separate boundary line survey (the latest available) and building site survey may be submitted, subject to approval of the zoning administrator, provided that the information is sufficiently clear in identifying the exact location of all buildings and other required features of the plot plan.

c.

The exact location of all existing and proposed structures and significant site improvements (driveways, retaining walls, etc.) on the property shall be shown, including accurate distances from all property lines.

d.

The points value and location of installation for all required landscaping points and/or credits in accordance with article VIII.

e.

The location of existing or proposed well and septic system and reserve drainfield shall be accurately shown on the plot plan.

f.

The plot plan shall show all erosion and sediment control measures on the site (construction entrance, silt screening, etc.) necessary to prevent sediment from leaving the construction area. Such measures shall be specific to the drainage on the site.

g.

The plot plan shall show the limits of clearing for the construction project. In addition, any trees greater than eight (8) inches within the limits of clearing shall be noted on the plot plan.

h.

The finished floor elevation of all habitable structures shall be indicated on the plot plan.

i.

Properties which include areas designated as flood hazard areas shall be required to delineate the limits of the floodplain as shown on the flood insurance rate maps and shall otherwise document the location and elevation of the proposed structure in relationship to the base flood elevation.

j.

Copies of all other permits from state or federal agencies shall be submitted with the plot plan.

k.

The name and address of the owner of record, and the tax map number shall be shown on all documents submitted.

l.

Impervious surface calculations.

m.

Responsible land disturber certification.

3.

For sites that contain an area designated as a resource protection area as determined by the county:

a.

The plot plan shall meet all of the criteria identified under [subsection] 2. above. In addition, the following information shall be shown or provided as part of the application:

i.

The topography of the site shall be provided at no less than two-foot contour intervals and preferably at one-foot intervals.

ii.

The resource protection area shall be accurately shown including all water features identified in the county's Chesapeake Bay Preservation Area Ordinance and the required one-hundred-foot buffer. The exact source of the information used in the delineation shall be noted on the site plan, including the names of any other consulting firms used in determining the limits of all tidal and nontidal wetlands, where present.

iii.

Where a buffer of less than one hundred (100) feet is proposed, a water quality impact assessment shall be prepared and submitted as part of the application.

iv.

Where best management practices (BMPs) are proposed, the exact location of such BMPs shall be shown in addition to any design details and notations necessary to insure the installation of such features.

v.

All landscaping proposed in compliance with the Chesapeake Bay Preservation Area Ordinance shall be shown on the plot plan.

B.

The items listed above are determined to be the minimum standards necessary to insure compliance with the county's ordinances and regulations. Additional information may be required, when in the opinion of the zoning administrator, the parcel, site or proposed construction project requires such information. In addition, the zoning administrator shall have the authority to waive or modify the requirements above, only where the documentation otherwise provided is sufficient to determine compliance.

C.

The zoning administrator shall have approval authority over all residential plot plans.

1.

At the time of submittal, an initial determination shall be made as to whether the residential plot plan is complete. If the plan is complete and is found to be in compliance with the requirements of this ordinance, the plan may be approved and a zoning permit issued upon payment of the required fees.

2.

Additional review time may be required if the site contains or is in close proximity to sensitive land areas such as floodplain, steep slopes, or resource protection areas; or if the proposed development will exceed the maximum impervious coverage ratio; or as may be deemed necessary by the zoning administrator. In the event additional review time is required, the applicant shall be notified in writing of the additional requirements for approval or reasons for disapproval within ten (10) working days of the submittal date. (7-7-05; 7-19-18.)

A.

A simplified site plan shall be submitted for a change or expansion of an agricultural, commercial, civic, office, industrial or miscellaneous use on an existing site, unless:

1.

The sale or storage of gasoline or hazardous material is involved as part of the use; or

2.

Such change involves a change from one (1) principal use category to another, unless where the change from one (1) principal use category to another principal use category will not have a substantial impact on the property and/or surrounding properties, particularly, but not limited to, parking facilities and stormwater management features. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous; or

3.

Such change or expansion will require additional parking and/or off-street loading under the requirements of this ordinance, unless where the additional parking and/or off-street loading space will not have a substantial impact on the property and/or surrounding properties. Additional parking shall be determined by comparing the proposed use to the most recent use of the property and shall not be triggered by a reconfiguration of the site or existing pervious area; or

4.

In the case of an expansion, the expansion exceeds twenty-five percent (25%) or twenty-five hundred (2,500) square feet of the floor area of the existing building(s), or in the case where the building is incidental to the use, the area occupied by the use, whichever is less; or

5.

An additional ingress/egress, change in ingress/egress, or additional public improvements are required by the provisions of this ordinance; or

6.

A nonresidential structure has remained unoccupied for more than two (2) years, or in the case of a shopping center, fifty percent (50%) of the gross square footage of the shopping center is vacant for more than two (2) years. The exception to this requirement being where the existing site improvements, particularly, but not limited to, parking and stormwater management, are adequate to accommodate the demands of the new use; or

7.

The scope of the proposed change or expansion is of such nature that the provisions for the handling of natural and stormwater, erosion and sediment control, and best management practices cannot be adequately addressed with a simplified site plan.

B.

A simplified site plan shall contain the following information:

1.

Boundary drawing of the lot or area involved;

2.

Present record owner of the property;

3.

Vicinity map;

4.

Location and size of the existing vehicular entrance to the site;

5.

Location of public water and/or sewer or on-site sewage facilities;

6.

Location, dimensions, height, and setbacks of all existing and proposed buildings;

7.

Location of existing vehicular movement and parking areas, and the number of existing parking spaces;

8.

Proposed use of structural addition;

9.

Location of any existing required on-site drainage improvements or best management practices;

10.

Location of all required landscaping; or significant trees in accordance with the requirements of article VIII;

11.

Impervious coverage calculations;

12.

Building coverage calculations;

13.

Zoning of adjacent parcels; and

14.

Any other information deemed appropriate or necessary by the zoning administrator to establish compliance with this or any other ordinances.

C.

The zoning administrator shall have approval authority over all simplified site plans.

1.

An initial determination shall be made as to whether the simplified site plan is complete. In the event it is not complete, it shall be returned to the applicant with a written description of the deficiencies within fifteen (15) working days of the submittal date.

2.

Once a simplified site plan is determined to be complete, the plan shall be reviewed for compliance with the ordinance. Where revisions are determined to be necessary, the applicant shall be notified in writing within thirty (30) days of the submittal date of a complete plan. If no revisions are necessary, the applicant shall be notified in writing of a plan's approval within the same thirty-day period. Approval may be contingent upon the posting of any required surety, and other relevant requirements as may be determined by the zoning administrator. (7-7-05; Ord. No. 2011-21-C, 11-17-11; 12-18-14; 7-19-18.)

A.

[Preliminary and final site development site plan.] .....A preliminary and final site development plan, prepared by a certified or licensed engineer, surveyor, architect, or landscape architect, shall be required for the following development proposals to ensure that the development fully complies with all applicable requirements of this zoning ordinance and of other applicable laws, regulations and standards:

1.

Any single-family attached or multifamily residential development;

2.

All nonresidential uses;

3.

Development which requires off-site improvements involving the expenditure of public funds;

4.

Any change in use, as determined by the zoning administrator, pursuant to section 5-1003 of this ordinance;

5.

For any property for which a change in zoning has been approved by the board of supervisors.

B.

Exceptions.

1.

Bona fide agricultural activities; and

2.

Silvicultural activities.

C.

Preliminary conference.

1.

A preliminary conference with planning and zoning staff shall be held prior to the submission of a preliminary site development plan. The applicant shall present a conceptual or schematic plan showing such items as:

a.

Boundary lines of the subject property.

b.

Existing land conditions, existing topography at a maximum of ten-foot contour intervals and soils information.

c.

General layout design of what is proposed, on a scale of at least one (1) inch to one hundred (100) feet.

d.

Building setback lines.

e.

Zoning of the subject property and adjacent parcels.

f.

Location of entrances and points of ingress and egress.

2.

The preliminary conference shall serve to provide guidance towards site design and compliance with site development requirements. (7-7-05; 7-19-18.)

A.

Acceptable scales:

One (1) inch equals ten (10) feet;

One (1) inch equals twenty (20) feet;

One (1) inch equals thirty (30) feet;

One (1) inch equals forty (40) feet;

One (1) inch equals fifty (50) feet;

One (1) inch equals sixty (60) feet; or

One (1) inch equals one hundred (100) feet.

B.

The preliminary site development plan shall be accompanied by:

1.

A copy of the written site analysis in accordance with article VII;

2.

A survey of the property;

3.

A landscape plan in accordance with article VIII;

4.

A lighting plan;

5.

A topographic map in accordance with [subsection] C.9., below;

6.

Building renderings; and

7.

A signage plan for freestanding signs.

C.

The preliminary site development plan shall contain the following information:

1.

Applicant's name, address, legal interest in the property; where the applicant is different from the owner(s) of the property, the name and address of the owner(s) shall be included with a statement describing the relationship between the applicant and the owner(s);

2.

A vicinity map at a scale no less than one (1) inch equals one thousand (1,000) feet with such information as names and numbers of adjoining roads, railroads, streams, and bodies of water, subdivisions, or other landmarks sufficient to clearly identify the location of the property;

3.

A north arrow, scale, date, and the name of the engineer, architect, designer, or landscape architect;

4.

Tax map/parcel number and zoning classification of the site, the address of any existing structures on the site, the present use of the subject property, and the proposed title of the project;

5.

Tax map/parcel number, zoning classification and present use of properties immediately adjacent to the site;

6.

Property boundary lines, dimensions, existing and proposed easements and utilities, floodplain, existing topography such as natural features and wooded areas, drainage patterns and existing and proposed stormwater facilities, existing and proposed water and sewer facilities, existing rights-of-way of adjacent roads to include their names, numbers and widths, any proposed new rights-of-way including their widths and proposed names, the distance to existing intersections located within five hundred (500) feet of the property, watercourses by name, classification, high, low and mean water lines, any bulkheads, piers or other significant features, resource protection areas and one hundred-foot buffers;

7.

Representation of the proposed use, with the location and dimensions of all existing and proposed improvements, including: limits of clearing; buildings (maximum footprint, height, and finished floor elevation) and other structures; setbacks; landscaping; buffers; walkways; fences; walls; trash containers; outdoor storage areas; outdoor lighting; signs; landscaped areas, open space, common areas or areas reserved for public use, including historical or architecturally significant sites; recreational areas and facilities; parking, vehicle movement and other paved areas, parking space size, dimensions, and angles, aisles and aisle widths, loading and service areas; fire hydrants; best management practices; and erosion and sediment control measures required in accordance with the most recent edition of the Virginia Erosion and Sediment Control Handbook;

8.

Profile and/or detail sections for road construction, parking and vehicle movement areas, curbing, walkways, water and sewer facilities, fire hydrants, best management practices, stormwater facility improvements, erosion and sediment control measures, signs, walls, and fences, including all material types;

9.

Topographic map with a maximum of two-foot contour intervals, showing the location of environmentally sensitive lands, such as wetlands, watercourses and other natural features, mitigation areas, notable soil groups and wooded areas. Where existing ground is on a slope of less than two percent (2%), either one-foot contours or spot elevations where necessary, but not more than fifty (50) feet apart in both directions; and

10.

Written schedules or data as necessary to demonstrate that the site can accommodate the proposed use, including:

a.

Proposed uses and maximum acreage occupied each use;

b.

For residential developments, maximum number of dwelling units by type and gross residential density;

c.

Building lot coverage calculations;

d.

Impervious surface calculations;

e.

Open space ratio calculations;

f.

Landscaping points and landscaping surface ratio calculations;

g.

Recreation ratio calculations;

h.

Maintenance and ownership of common areas, open space, landscaped and recreational areas;

i.

Parking data, including the minimum and maximum amount of spaces required and provided, and the angles and dimensions of the spaces;

j.

For commercial and industrial developments, maximum square footage for commercial and industrial uses, maximum number of employees and maximum lot coverage;

k.

Type of power to be used for any manufacturing processes;

l.

The type of solid or liquid wastes or by-products that will be generated by any manufacturing processes; and

m.

Development schedule for phased development.

11.

Any other information deemed appropriate or necessary by the zoning administrator to establish compliance with this or any other ordinances. (7-7-05; Ord. No. 2011-21-C, 11-17-11; 7-19-18.)

A.

A preliminary site development plan shall be reviewed on the basis of compliance with the underlying zoning district requirements, proffered conditions of rezoning approval, conditional use permit approval, compliance with overall goals of the comprehensive plan, and other applicable design criteria contained in this ordinance and other ordinances, including but not limited to the following:

1.

General design guidelines in this article;

2.

Planned development district requirements in article IV;

3.

Highway corridor overlay district requirements in article VI;

4.

Newport development service overlay district design standards in article VI;

5.

Supplementary use and density and dimensional regulations in article V;

6.

Historic district requirements in article VI; and

7.

Chesapeake Bay Preservation Area Ordinance.

B.

If, in the discretion of the county, review of any request for development by an outside engineering firm or other consultant expert in the field of the request is deemed necessary, the landowner/applicant shall be required to enter into an agreement or establish an escrow fund, as determined appropriate by the zoning administrator, to pay the fee for such review prior to consideration of the request by the county. The purpose of the review will be to ensure that the request complies with all regulations. (7-7-05; 7-19-18.)

A.

The board of supervisors, following a recommendation from the planning commission shall have approval authority over preliminary site development plans if either of the following conditions are present:

1.

The applicant is requesting a waiver from the zoning ordinance; or

2.

There are unresolved issues between the applicant and any departmental reviewing agency.

If either one (1) of the above conditions are met, the site development plans shall be reviewed in accordance with subsection 7-2007.C.

B.

If site development plans do not qualify for review by the planning commission and board of supervisors under subsection 7-2007.A., then they may be considered and reviewed administratively by the zoning administrator or the zoning administrator's designee as provided under subsection 7-2007.D.

C.

Planning commission and board of supervisors review:

1.

If planning commission and board of supervisors review is required, fifteen (15) full-sized copies and one (1) "eleven-inch x seventeen-inch" copy of the preliminary site development plan and associated application documents as required by the county, including, but not limited to, traffic impact studies, water quality impact assessments, colored building elevations, and other documents referenced on the accompanying site plan checklist provided by the county shall be submitted to the planning and zoning department. An alternative number of copies may be determined necessary by the zoning administrator. An initial determination shall be made as to whether the preliminary site development plan is complete. In the event it is not complete, it shall be returned to the applicant with a written description of the deficiencies within ten (10) calendar days of the submittal date.

2.

Once a preliminary site development plan is determined to be complete, the plan shall be distributed to other reviewing agencies for review, and shall be reviewed by the zoning administrator or the zoning administrator's designee. Final recommendations for consideration by the planning commission shall be forwarded to the developer in writing within thirty (30) calendar days of the submittal date of a complete plan, unless the developer agrees to an extension of that period. When all reviewing agencies recommend preliminary approval of a site development plan the zoning administrator shall then schedule such plan for review by the planning commission at their next regular meeting. The planning and zoning department shall prepare a composite report on the proposed site development plan which shall include review comments by other agencies. The planning commission shall consider the composite report and the site development plan and shall recommend the granting of preliminary approval to the board of supervisors or, recommend denying preliminary approval to the board of supervisors, or defer action of the application.

3.

Once the plan has been scheduled for review by the planning commission and subsequent review by the board of supervisors, it shall be the responsibility of the applicant to post on the property for which the application is filed at least one (1) sign, provided by the county, providing notice to the public that a proposed preliminary site development plan is on file in the department of planning and zoning and is available for public view. Such posting shall conform in all respects to the posting requirements for rezoning and conditional use permit applications, which are set out in section 1-1021 of this ordinance.

4.

The planning commission shall act on and then send a recommendation to the board of supervisors for the preliminary site development plan within one hundred (100) calendar days of submission. If no action has been taken by the planning commission on a site development plan within one hundred (100) days of submission, the site development plan shall be deemed approved. A site development plan shall not be considered to have been formally submitted to the planning commission until the first public meeting is held for that particular a site development plan. The zoning administrator or their designee shall notify the applicant in writing of the planning commission's findings within ten (10) calendar days of the planning commission meeting. Such notice shall state any actions, changes, conditions, or additional information that shall be required prior to securing final site development plan approval.

5.

Following a recommendation from the planning commission, the zoning administrator shall schedule such plan for review by the board of supervisors at their next regular meeting. The planning and zoning department shall prepare a composite report on the proposed site development plan which shall include review comments by other agencies. The board of supervisors shall consider the composite report and the site development plan and shall grant preliminary approval, deny preliminary approval, or defer action on the application.

6.

When a preliminary site development plan is disapproved, the board of supervisors shall direct the zoning administrator to set out in writing the reasons for the disapproval and shall also generally identify the corrections or modifications that will permit approval of the plan.

D.

Administrative review by the zoning administrator.

1.

Fifteen (15) full-sized copies and one (1) "eleven-inch x seventeen-inch" copy of the preliminary site development plan and associated application documents as required by the county, including, but not limited to, traffic impact studies, water quality impact assessments. An alternative number of copies may be determined necessary by the zoning administrator. An initial determination shall be made as to whether the preliminary site development plan is complete. In the event it is not complete, it shall be returned to the applicant with a written description of the deficiencies within ten (10) calendar days of the submittal date.

2.

Once a preliminary site development plan is determined to be complete, the plan shall be distributed to other reviewing agencies for review, and shall be reviewed by the zoning administrator or the zoning administrator's designee. The planning and zoning department shall forward all comments to the developer in writing within thirty (30) calendar days of the submittal date of a complete plan, unless the developer agrees to an extension of that period. No plan shall be approved until all staff comments and other agency comments are satisfied.

3.

Once a preliminary site development plan is determined to be complete, it shall be the responsibility of the applicant to post on the property for which the application is filed at least one (1) sign, provided by the county, providing notice to the public that a proposed preliminary site development plan is on file in the department of planning and zoning and is available for public view. Such posting shall conform in all respects to the posting requirements for rezoning and conditional use permit applications, which are set out in section 1-1021 of this ordinance.

4.

In the case of disapproval, the zoning administrator shall set out in writing the reasons for the disapproval and shall also generally identify the corrections or modifications that will permit approval of the plan. Upon disapproval of a preliminary site development plan, the applicant shall have a right of appeal to the planning commission within ten (10) business days of receipt of the written notice of disapproval. The case will be presented at the next regularly scheduled planning commission public hearing. The planning commission will make a recommendation to the board of supervisors to either uphold or reverse the decision of the zoning administrator. The decision of the board of supervisors will be final. (7-7-05, 3-20-14; 7-19-18.)

A.

The zoning administrator shall have approval authority over final site development plans, unless:

1.

The board of supervisors, at its discretion, may require that the final site development plan for a site that was previously granted preliminary approval by the board of supervisors also be submitted to the board of supervisors for review of its compatibility with the preliminary site development plan approval.

2.

The zoning administrator shall submit a final site development plan to the board of supervisors following a recommendation from the planning commission for its review and action if the zoning administrator determines that the final site development plan varies substantially from the approved preliminary site development plan.

B.

The final site development plan shall reflect all those elements approved on the preliminary site plan. In addition, it shall include all notes, statements and stipulations required to be placed on the final site development plan by law or as a condition of approval.

1.

In the case of a planned development, the final site development plan shall conform to the approved master development plan and shall include all of the elements required on a preliminary site development plan.

C.

The final site development shall be submitted to the department of planning and zoning within six (6) months of preliminary site development plan approval or the applicant must file a new application for preliminary site development plan approval.

D.

Upon submittal of the final site development plan, the zoning administrator shall redistribute the plan to all departments/agencies included in the preliminary site development plan review. The plan shall be reviewed for conformity with the approved preliminary site plan and with all other applicable provisions of this ordinance and related ordinances, and other regulations and policies applicable to the site.

E.

The applicant shall be notified of the plan's approval subject to the posting of the required surety, payment of any outstanding fees and any other conditions of approval within forty-five (45) days of the plan's submittal.

F.

In the case of disapproval, the zoning administrator shall set out in writing the reasons for the disapproval and shall also generally identify the corrections or modifications that will permit approval of the plan. Upon disapproval of a final site development plan, the applicant shall have a right of appeal to the planning commission within ten (10) business days of receipt of the written notice of disapproval. The case will be presented at the next regularly scheduled planning commission meeting. The planning commission will make a recommendation to the board of supervisors to either uphold or reverse the decision of the zoning administrator. The decision of the board of supervisors will be final. (7-7-05, 3-20-14; 7-19-18.)

Where a residential plot plan, simplified site plan, or preliminary and final site development plan is required under this zoning ordinance for the construction or structural alteration of any building or structure or the development or modification of any land, no zoning or building permit shall be issued for such activity until the required plan has been approved. (7-7-05; 7-19-18.)

It shall be a violation of this zoning ordinance for any person to construct or structurally alter any building or structure or to develop or modify land for which a residential plot plan, a simplified site plan, or final site development plan is required, except in accordance with the approved plan. All improvements required by this ordinance and shown on the approved plan shall be built to the county's standards and specifications, including those established by the various county departments, and shall be installed by and at the expense of the developer. (7-7-05; 7-19-18.)

A.

No certificate of occupancy shall be issued until the required site improvements have been completed in accordance with an approved simplified site plan or final site development plan. When the occupancy of a structure is desired prior to the completion of the required site improvements, a temporary certificate of occupancy may be issued only if the owner or developer provides a form of surety satisfactory to the county attorney in an amount equal to the costs of labor and materials plus ten percent (10%) contingency allowance satisfactory to the zoning administrator.

B.

All required improvements shall be completed and approved within six (6) months or the surety may be forfeited. (7-7-05; 7-19-18.)

If it is necessary to modify an approved residential plot plan, simplified site plan, or a final site development plan, and the change is determined by the zoning administrator to have no substantial impact, the zoning administrator may approve the change without adhering to the procedures and filing requirements of this section. If a change is determined to be substantial, the zoning administrator shall require a new plan be submitted in compliance with the provisions of this section. (7-7-05; 7-19-18.)

Approval of a simplified site plan and final site development plan shall be void unless a building permit has been issued or use of the affected property has commenced within five (5) years from the date of approval as outlined in Section 15.2-2261 of the Code of Virginia. (7-7-05; 7-19-18.)

A.

Upon satisfactory completion of required improvements as shown on the approved site plan or a section thereof, the developer may be required to submit to the zoning administrator copies of the "as built" plans due to the nature, scale, or scope of the improvement or improvements.

B.

The as-built plans must be certified by a licensed engineer or surveyor prior to occupancy of any building.

C.

The as-built plans may be forwarded to the appropriate county departments for review.

D.

The building official shall not process the occupancy permit until the appropriate "as-built" plan has been reviewed and approved, if so required by the zoning administrator. (7-7-05; 7-19-18.)