The purpose of this article is to promote the orderly development of land within the county by ensuring: (i) that land development activities are planned in a manner consistent with the comprehensive plan and development policies of the county; (ii) that specific development projects are planned to achieve harmony with the immediately surrounding environment; (iii) that each project contains proper internal and external circulation and other infrastructure consistent with the objectives of the county for the area in which a proposed use is located; and (iv) that the use of land occurs in such a manner as to preserve the community's valuable natural resources.

A.

Uses requiring site plans. A site plan shall be submitted to and approved by the appropriate authority for the following uses:

(1)

Any use within a Chesapeake Bay RPA or RMA, which involves more than 2,500 square feet of land disturbance.

(2)

Any proposed use in the floodplain overlay district.

(3)

Any development fronting a navigable waterway.

(4)

Multifamily residential projects.

(5)

Any minor and major subdivision projects.

(6)

Rural residential cluster developments.

(7)

Planned unit developments.

(8)

Conditional uses.

(9)

Any commercial or business use.

(10)

Any industrial or manufacturing use.

(11)

Institutional or governmental projects.

B.

Waiver of requirements. Any requirement of this article may be waived when the waiver is not adverse to the purpose of this article and when the applicant establishes that, in a specific case, an undue hardship would result from the strict enforcement of this Article. Such waiver shall be authorized by the official commission or board responsible for approving site plans as established in the following section only after a written request by the applicant.

(Amend. of 4-8-2013(7))

Because the degree of complexity varies among various development projects, the requirements for site plan submissions and reviews are grouped into three levels according to the complexity of the project and the actions necessary for approval. Notwithstanding the review requirements of this ordinance, this article is not intended to exempt an applicant from any review, which may be required by other provisions of this ordinance or other land development ordinances of the county.

A.

Level one site plan approval. Requires review and approval of site plans by the zoning administrator only. The following uses are subject to this level of review unless a use is required to have a higher level of review under the next two subsections:

(1)

Any use within a Chesapeake Bay Protection Area Overlay District, which involves more than 2,500 square feet of land disturbance.

(2)

Any use in the floodplain overlay district.

(3)

Any development fronting a navigable waterway.

(4)

Limited business uses.

B.

Level two site plan approval. Requires review and approval of site plans by the planning commission. The following uses are subject to this level of review:

(1)

Multifamily residential projects.

(2)

Any minor and major subdivision project.

(3)

General business 1 "GB-1" use.

C.

Level three site plan approval. Requires review and approval of site plans by the Board of Supervisors with recommendations by the Planning Commission. The following uses are subject to this level of review:

(1)

Rural residential cluster developments.

(2)

Planned unit developments.

(3)

Conditional uses.

(4)

Light industrial use.

(5)

Industrial or manufacturing use.

(6)

Institutional or governmental use.

(7)

General business 2 "GB-2" use.

(Amend. of 4-8-2013(7))

Prior to submitting a preliminary site plan, the applicant should schedule a preapplication conference with the zoning administrator. A preliminary sketch may be submitted on the conference date.

The purpose of a preliminary sketch is to permit the zoning administrator to advise the applicant whether the proposed plans in general are in accordance with the requirements of this ordinance. Upon submission of any preliminary sketch, the zoning administrator shall study it and advise the applicant wherein it appears that changes would be necessary. If the proposed development is to be reviewed by the planning commission and/or the board of supervisors, the zoning administrator shall advise the applicant as to the procedures to be followed.

After the preapplication conference with the zoning administrator, an applicant may submit an application for site plan approval using one of the following procedures:

A.

Level one site plan review procedures.

(1)

The applicant submits three copies of a preliminary site plan to the zoning administrator.

(2)

The zoning administrator reviews the preliminary site plan for the purpose of ensuring: (i) good arrangement, appearance, function, harmony with surroundings and adjacent uses; (ii) conformity with the objectives of the comprehensive plan; and (iii) compliance with these regulations.

(3)

After completing the review, the zoning administrator shall approve or disapprove the preliminary site plan within 30 days from the date the application was filed.

(4)

If the preliminary site plan is approved, the applicant shall submit the final site plan to the zoning administrator within 90 days of the preliminary plan being approved.

(5)

In the event the preliminary site plan or any component thereof is disapproved, the zoning administrator shall so notify the applicant in writing. The zoning administrator may recommend appropriate modifications which, if followed, would enable the application to be approved.

(6)

If the recommended modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the board of zoning appeals within 30 days as provided in article 20.

(7)

Upon approval of the preliminary site plan, the applicant shall submit a final site plan to the zoning administrator for final approval.

B.

Level two site plan review procedures.

(1)

The applicant submits 15 copies of a preliminary site plan to the zoning administrator.

(2)

The zoning administrator reviews the preliminary site plan for conformity with the objectives of the comprehensive plan and compliance with applicable regulations and ordinances. The preliminary site plan shall then be transmitted to the planning commission together with an analysis by the zoning administrator.

(3)

The planning commission reviews the preliminary site plan for the purpose of ensuring good arrangement, appearance, function, harmony with surroundings and adjacent uses and the objectives of the comprehensive plan.

(4)

The planning commission shall approve, approve with modifications, or disapprove the preliminary site plan. In approving the plan, the planning commission may establish such conditions and may require such modifications as to ensure compliance with this section.

(5)

Upon approval of the preliminary site plan, the applicant shall submit a final site plan to the zoning administrator for final approval.

C.

Level three site plan review procedures.

(1)

Unless otherwise provided in this ordinance, applications for level three site plan review require the submission of a general development plan for informal review prior to the submission of a preliminary site plan. The applicant shall submit 25 copies of the general development plan to the zoning administrator and request a hearing with the planning commission for the purpose of guidance and comment concerning the proposed development. No official action shall be taken by the planning commission at said meeting and no commitments shall be made by the county or any agency thereof at said meeting.

(2)

The zoning administrator shall prepare an analysis of the general development plan and a brief report stating whether the site plan is in general conformity with applicable regulations and/or policies contained in the county's comprehensive plan. The zoning administrator's report may recommend actions that would enable the plan to meet county requirements, should it not meet such requirements as submitted. This report will accompany the general development plan when submitted to the planning commission.

(3)

The general development plan may be general in nature and schematic in form, but must show the following:

(a)

A map of the subject property at a scale of not less than one inch equals 200 feet showing property lines and general topographic features.

(b)

Existing and proposed land uses.

(c)

Where applicable, the approximate number and size of lots, project density and dwelling types.

(d)

The general location of proposed open space, including recreational and preservation areas.

(e)

The general location and character of the proposed major roads, trails, public utilities, stormwater management systems and other major features.

(f)

Any additional information deemed reasonably necessary by the zoning administrator.

(4)

After preparing a general development plan and receiving the planning commission's comments concerning the proposal, the applicant may submit a preliminary site plan to the zoning administrator.

(5)

Upon determination by the zoning administrator that the application is complete, the preliminary site plan and supplementary documents shall be submitted to the planning commission for formal review.

(6)

The planning commission shall review the preliminary site plan and, if the application includes a request for a change in zoning or conditional use permit, the commission shall hold a public hearing thereon in accordance with the provisions contained in Code of Virginia, §§ 15.2-2204, 15.2-2205, 15.2-2285.

(7)

The planning commission shall make its recommendation to the board of supervisors within 100 days following the first meeting of the planning commission after the preliminary site plan and application for rezoning have been referred to it.

(8)

The board of supervisors shall: (i) consider the proposed development and hold a public hearing thereon in accordance with provisions contained in Code of Virginia, §§ 15.2-2204, 15.2-2205, 15.2-2285; and (ii) approve or disapprove the application for zoning change or conditional use permit. If the board approves the zoning change or conditional use permit, it shall approve, approve with modifications, or disapprove the preliminary site plan.

(9)

In the event that a preliminary site plan shall be approved with modifications by the board of supervisors, the board of supervisors may continue the public hearing on the rezoning application to a certain date in order to permit the applicant to modify the development plan in accordance with such modifications.

(10)

Upon approval of the preliminary site plan, the applicant may submit a final site plan to the zoning administrator for final approval.

(Amend. of 4-8-2013(7))

Any amendment or change of substance in an approved site plan shall be subject to the same procedures as required for a new site plan application, provided that minor modifications to an approved site plan may be authorized by the zoning administrator when such modifications do not:

•

Alter the boundaries of the property significantly;

•

Conflict with specific requirements of this ordinance or specific conditions of the approved site plan;

•

Decrease the width or depth of any yard, setback or buffer areas;

•

Alter points of access to the property or the internal arrangement of site plan elements significantly; and

•

Have an appreciable effect on surrounding properties.

An application for approval of any development or use of land requiring a site plan under this ordinance shall be accompanied by a preliminary site plan. Based upon an approved preliminary site plan, the applicant shall submit a final site plan for approval prior to commencement of construction. Unless specific items are waived by the zoning administrator, site plans shall conform to the following requirements:

A.

Preparation of preliminary site plans. The preliminary site plan shall comply with the following items:

(1)

A preliminary site plan may be prepared by the owner of the land proposed to be developed, or any professional architect, engineer, land surveyor, land planner, landscape architect or other professional having training or experience in land planning or design.

(2)

The site plan shall show:

(a)

The proposed title of the project and the developer's name;

(b)

The name of the person or firm who prepared the plan;

(c)

Northpoint, scale, and date;

(d)

The boundaries of the property involved, the proposed locations of all existing easements, property lines, existing streets, waterways, major tree masses or wooded areas and other existing physical features in or adjoining the project;

(e)

Unless otherwise approved by the zoning administrator, topography of the project area with a contour interval of one foot for any site of two acres or less; otherwise, two feet;

(f)

If applicable, the approximate location and sizes of sanitary sewers or water mains, existing or planned, in or near the project;

(g)

The location and character of proposed construction including: streets, driveways, parking and loading areas, curb cuts approved by VDOT, entrances and exits, outdoor lighting systems, and other significant features;

(h)

The general locations of proposed lots, setback lines, easements, reservation for parks, playgrounds, school sites or other open spaces or preservation areas;

(i)

The location with respect to each other and to lot lines and approximate height of all proposed buildings and structures. The locations and footprints of buildings shall be drawn to scale but full dimensioning is not required on the preliminary site plan;

(j)

Location and dimensions of all areas of land disturbance;

(k)

Preliminary plans and elevations of dwelling types and other buildings, where applicable;

(l)

General location, height, and materials of all fences, walls, screen plantings, and landscaping, waste receptacles, when to be used on the site. Waste receptacles shall be screened and method of screening shall also be shown;

(m)

General location, character, size and height and orientation of proposed signs;

(n)

The location of boundary lines of any Chesapeake Bay Preservation Area, RPA including buffer areas, or RMA;

(o)

For any development or redevelopment within a Chesapeake Bay Preservation Area which involves more than 2,500 square feet of land disturbance, the following additional documents shall be submitted in accordance with article 12 of this ordinance:

1.

An environmental site assessment.

2.

A landscape plan.

3.

A stormwater management plan.

4.

An erosion and sediment control plan.

(p)

A tabulation of the following data: (i) total project area; (ii) area within the RPA and/or the RMA; (iii) any area having slopes greater than 20 percent; or (iv) wetlands;

(q)

For multifamily residential projects, a tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre;

(r)

A vicinity map at a scale of not less than one inch equals 2,000 feet;

(s)

A statement which confirms the ownership of the property, the nature of the applicant's interest in the same, and the place of record of the latest instrument in the change of title for each parcel constituting the subject property;

(t)

A statement from the Virginia Department of Health approving drainfield locations including septic tank backup drainage fields when required;

(u)

Where applicable, a statement from the Virginia Department of Transportation approving the locations of any proposed roads which are intended for acceptance into the secondary road system;

(v)

Existing zoning classification(s);

(w)

The shortest distances from all property lines to all existing and proposed structures;

(x)

The approximate limit of the 100-year floodplain;

(y)

Documentation of all existing permits and applications relevant to the parcel and/or adjacent parcel, including but not limited to: health department permits for all wells and septic drain fields; all existing zoning permits and zoning applications; applications for rezoning, special use and conditional use permits; and zoning variances; and

(z)

Any additional information required by the zoning administrator necessary to evaluate the character and the impact of the proposed project. Such information required may include, but is not limited to: Environmental Protection Agency (EPA), Code of Federal Regulations (CFR), Department of Environmental Quality (DEQ), National Fire Protection Association (NFPA), Uniform Statewide Building Code (USBC), VA Statewide Fire Prevention Code (SFPC), Pipeline and Hazardous Materials Safety Administrator (PHMSA) and Occupational Safety and Health Administration (OSHA).

B.

Final site plans. After receiving approval of the preliminary site plan, the applicant may submit three copies of the final site plan to the zoning administrator. Final site plans shall comply with all laws, regulations and ordinances governing the approval of developments and in addition shall show the following information where applicable:

(1)

All of the features required on the preliminary site plan with sufficiently accurate dimensions and construction specifications to support the issuance of construction permits.

(2)

Existing and proposed streets, service driveways, rights-of-way, and easements, with their names, numbers, and widths; centerline curve data, including degree of curvature, delta radius, arc, cord and tangent; the edge of proposed street surface or the face of curb as the case may be for the full length of all streets; typical street sections; transition of pavement with existing street or road; provisions for future connection to adjoining property; acceleration and deceleration lanes; and any other data to conform to current standards.

(3)

Lot lines, lot numbers, total area, total developed area, residential density, proposed building lines, the location and size of parks, playgrounds, common open areas, and other public or community facilities.

(4)

Chesapeake Bay RMA and RPA boundaries.

(5)

If the land is to be developed in sections, stages or phases, such sections shall be clearly indicated and data furnished as to the order and timing of their development; a table showing the total acreage devoted to each land use classification in each section.

(6)

Identification of all off-street parking areas, common parking lots, loading spaces, schedule showing number, type and location of parking spaces; walkways and construction details regarding size, surface, [and] materials; fences, retaining walls, screening and buffer zones; and location of street signs and similar site improvements.

(7)

A proposed finish grade plan, supplemented by spot elevations; a drainage plan and identification of drainage structures by type, size, and location; connections to existing drainage systems, and the contributing drainage area in acres for each subbasin; existing and proposed drainage easements, the direction of flow, dredging or relocation of drainageways, storm sewers or drainageways related to street or service driveway construction; typical drainage section, proper driveway entrance and computed culvert size; and limits of floodplain, provision and schedule for the adequate control of erosion and sedimentation.

(8)

A utility plan identifying the location, type and size of existing and proposed improvements and easements for the system; sizes, connections, valves, hydrants, and similar appurtenances; streetlights, trash containers, maintenance buildings, and central television antenna service; and similar utility service characteristics.

(9)

The identification and description of the open space and common area, types of improvements and a timetable for their construction, schedule of areas by section, provision for operation and maintenance, and the overall description of the responsibilities of any association, in addition to the methods for protecting the common area from any further development. A copy of all covenants, restrictions, and conditions pertaining to the use, maintenance and operation of all open space areas.

(10)

Existing topography with such contour intervals approved by the zoning administrator provided that, where existing ground is on a slope of less than two percent, the contour interval shall be not less than two feet. Spot elevations shall be given where necessary to document unusual topography.

(11)

Distances and bearings must close with an accuracy of not less than one in 10,000.

(12)

When the development is to be constructed in stages, a final sequence of development schedule showing the order of such stages, an approximate completion date of each stage, and a final cost estimate of all improvements within each stage.

(13)

A detailed soil engineering study delineating soil types, listing suitabilities for the proposed uses and the sewage handling capacities for each distinct area of soil type contained in the proposed phase of development.

(14)

A final statement in tabular form which sets forth the following data, when such data are applicable to a given development plan:

(a)

The total number and type of dwelling units.

(b)

Residential density in units per acre.

(c)

The total area in open space.

(d)

The total area in developed recreational open space.

(e)

The total number of off-street parking and loading spaces.

(f)

The total area in nonresidential use.

(g)

A maintenance agreement as deemed necessary and appropriate by the zoning administrator to ensure proper maintenance of best management practices in order to continue their functions.

(h)

Any deviation that alters the character of the approved preliminary site plan, such as the elimination of any use shown on the preliminary site plan or an increase or decrease in the density of the development, shall require a resubmitting of the preliminary site plan in accordance with the procedures contained in this ordinance.

(Ord. of 11-4-2019(2))

In cases where a final site plan approved under this article is for a planned unit development, cluster development, or other subdivision of land, it is the intent of this article that such final site plan shall have the standing of an approved preliminary subdivision plat under the subdivision ordinance.

A.

Guarantee of completion. Prior to the approval of any final site development plan, the governing body shall require a contract with safeguards approved by the county attorney securing construction of public improvements.

The owner or developer shall furnish to the governing body a certified check or cash escrow in the amount of the estimated costs of construction of the public improvements, or post a personal, corporate or property bond, with surety satisfactory to the county attorney, in the amount of the estimated cost of construction, or furnish to the governing body a bank or savings and loan association's letter of credit on certain designated funds in the amount of the estimated cost of construction, said letter of credit to be approved by the county attorney with regard to form.

(Amend. of 4-8-2013(7))

A.

Extensions during site plan reviews. The zoning administrator may, on written request by the applicant, grant an extension of the time limit set for the applicant to respond to comments made regarding any part of the site plan approval process.

B.

Extensions following approval of final plat. Approval of a site plan submitted under the provisions of this article shall expire one year after the date of such approval unless building permits have been obtained for construction in accordance therewith. A single-year extension may be given upon written request by the applicant to the zoning administrator made within 90 days before the expiration of the approved site plan. The zoning administrator shall acknowledge the request and shall make a decision regarding the requested extension within 30 days after receipt of the request.

The applicant shall have not more than six months after receiving official notification concerning the preliminary site plan to file with the zoning administrator a final site plan in accordance with this ordinance. Failure of the applicant to file a final site plan within such designated period shall invalidate the preliminary approval. The zoning administrator may, on written request by the applicant, grant an extension of this time limit.

No permit shall be issued for any building or structure in any area covered by a final site plan that is required to be approved under this article except in conformity with such final site plan. Permits issued under an approved final site plan may be revoked by the zoning administrator for failure to comply with the approved final site plan, the conditions attached thereto, or other applicable regulations.