The purpose of this article is to promote the orderly development of land within the county by ensuring that:

(1)

Land development activities are planned in a manner consistent with the comprehensive plan and development policies of the county;

(2)

Specific development projects are planned to achieve harmony with the immediately surrounding environment;

(3)

Each project contains proper internal and external traffic circulation and other infrastructure consistent with the objectives of the county for the area in which a proposed use is located; and

(4)

The use of land occurs in such a manner as to preserve the community's valuable natural resources.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Pursuant to Code of Virginia, § 15.2-2286.A.8, no building permit or zoning permit shall be issued involving construction or exterior modifications to a structure until a site plan has been issued in accordance with the procedures established herein. Site plans are required and shall be submitted for all new structures, all renovated structures, and all additions to existing structures, with the following exceptions:

(1)

Individual single-family dwellings.

(2)

Individual two-family dwellings.

(3)

Accessory uses where the area of land disturbance is less than 2,500 square feet.

(4)

Bona fide agricultural operations and the customary accessory uses and structures associated with bona fide agricultural operations.

(5)

Filling and grading operations where the area of land disturbance is less than 2,500 square feet where no impervious structures, surfaces or improvements will be installed and no clearing undertaken.

(b)

Where a change of use of an existing structure requires additional parking or other requirements applicable to a new use, a site plan shall be submitted for review to ensure that the change of use can be accomplished within the purpose and intent of this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Site plan submission. Unless otherwise provided in another article of this chapter, every site plan required by this article shall be submitted to the zoning administrator who shall take the following actions:

(1)

Review the plans for conformity with the comprehensive plan and applicable development regulations.

(2)

Determine whether the site plan requires review by the planning commission and board of supervisors, as outlined below.

(3)

If a review is required by the planning commission and board of supervisors then place the plan on the agenda of the planning commission and the board of supervisors and arrange for public notices as required by law.

(b)

Plans requiring actions of the planning commission and board of supervisors are as follows:

(1)

Applications for conditional use permits.

(c)

For projects which are required to be referred to the planning commission and the board of supervisors, the zoning administrator shall prepare an analysis of the plan and a brief report stating whether the site plan is in conformity with applicable plans, regulations and policies of the county. This report shall be submitted to the planning commission, through the director of planning who may make additional analysis and recommendations concerning whether the proposed site plan is consistent with the county's comprehensive plan and general development policies. Either the zoning administrator's or the director of planning's report may recommend actions that would enable the plan to meet county requirements, should it not meet such requirements as submitted.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Preliminary site plans. Applications for approval of any use requiring a site plan shall be accompanied by preliminary site plans. The preliminary site plans shall be clearly drawn to scale as specified in this subsection and shall show the following:

(1)

The proposed title of the project, owner or owners of the land, and name of the engineer, architect, designer or landscape architect and the developer;

(2)

The northpoint, scale and date;

(3)

Location of the project by an insert map at a scale of not less than one inch equals 2,000 feet, indicating the scale, the north arrow and such information as the names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, towns and magisterial districts or other landmarks sufficient to clearly identify the location of the property;

(4)

Existing zoning and zoning district boundaries and proposed changes in zoning, if any;

(5)

The boundaries of the property involved, county or municipal boundaries, the general location of all existing property lines, existing streets, buildings or waterways, major tree masses and other existing physical features in or adjoining the project;

(6)

Identification of the property including name of the subdivision, tax map parcel number, and name or route number where property is located;

(7)

Location of all building restriction lines, setbacks, easements, covenant restrictions and rights-of-way;

(8)

Uses of adjoining properties and names of owners; topography of the project area with contour intervals of two feet or less, unless waived by the zoning administrator as clearly unnecessary to review of the project or proposal;

(9)

The approximate location and sizes of sanitary and storm sewers, water mains, culverts and other underground structures, existing and planned, in or near the project;

(10)

The location of all existing and proposed structures, including marine and temporary structures. In the case of temporary structures, the date when the structure will be removed must be indicated;

(11)

The location and extent of all wooded areas before development; the proposed area of clearing, with indication of post-development cover;

(12)

The general location and character of construction of proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas (including numbers of parking and loading spaces) outdoor lighting systems, storm drainage and sanitary facilities;

(13)

The general location of proposed lots, setback lines, and easements and proposed reservations for parks, parkways, playgrounds, school sites and open spaces;

(14)

Proposed changes in zoning classifications, including proposed revisions to district boundaries;

(15)

Location with respect to each other and to lot lines, number of floors, number of dwelling units and approximate height and location of all proposed buildings and structures with respect to each other and to lot lines, accessory and main, or major excavations;

(16)

Preliminary plans and elevations of the several dwelling types and other buildings, as may be necessary;

(17)

General location, height and material of all fences, walls, screen planting and landscaping;

(18)

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

(19)

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, gross or net as required by district regulations. Computations shall include the total site area in acres, the approximate amount and percentage of the site to be covered by open space and the amount and percentage to be covered by impervious surface after development;

(20)

The locations of all existing and proposed septic tanks and drainfield sites including reserve sites; the location of all existing and proposed wells;

(21)

The location of all proposed easements for roads, overhead and underground utilities, drainage, or other easements which may exist or are proposed on the property;

(22)

The location of all curb cuts as approved by the state department of transportation;

(23)

The location and layout of any driveways or parking areas, or any other paved or graveled areas;

(24)

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

(25)

The approximate limit of all resource protection area features and any additional required buffer areas if an environmental assessment is not submitted;

(26)

The approximate limit of the 100-year floodplain, any drainage district, mapped dam break inundation zone;

(27)

The location of any grave, object or structure marking a place of burial; and

(28)

Included with the preliminary site plan shall be documentation of all existing permits and applications relevant to the parcel including, but not limited to: health department permits for all wells and septic drainfields; all existing zoning permits and zoning applications; applications for rezoning, special use and/or conditional use permits and zoning variances.

(b)

Additional requirements or adjustments by zoning administrator. The zoning administrator may establish additional requirements for preliminary site plans and, in special cases, may waive a particular requirement if, in the zoning administrator's opinion, the inclusion of that requirement is not essential to a proper decision on the project.

(c)

Format of preliminary site plan. Preliminary site plans may be prepared on one or more sheets to show clearly the information required by this article and to facilitate the review and approval of the plan. If prepared in more than one sheet, match lines shall indicate where the several sheets join. Each plan sheet shall reserve a blank space three inches wide, and five inches high for the use of the approving authority. Site plans shall be prepared to a scale of one inch equals 50 feet, or such other scale as may be approved by the zoning administrator as appropriate to a particular case.

(d)

Final site plans. The final site plan, or final plat where a subdivision is involved, shall comply with all laws, regulations and ordinances governing the approval of subdivisions and in addition shall show the following:

(1)

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

(2)

All existing and proposed water and sanitary sewer facilities indicating all pipe sizes, types and grades and where connection is to be made to the county or other utility system.

(3)

Provisions for the adequate disposition of natural and stormwater in accordance with the duly adopted design criteria and standards of the county indicating the location sizes, types and grades of ditches, catchbasins and pipes and connections to existing drainage system; and provision for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measure which will be implemented during all phases of clearing, grading and construction.

(4)

Existing topography with two-foot contour intervals or such intervals as approved by the zoning administrator; where existing ground is on a slope of less than two percent, either one-foot contours or spot elevations where necessary but not more than 50 feet apart in both directions;

(5)

Proposed finished grading by contours supplemented where necessary by spot elevations; and

(6)

Proposed phasing and sequence of development.

(7)

All horizontal dimensions shown on the site plan shall be in feet and decimals of a foot to the nearest 1/100 of a foot; and all bearings in degrees, minutes and seconds to the nearest ten seconds.

(e)

Status of an approved final site plan. In cases where the final site plan is for a planned unit development, cluster development or other development which includes the subdivision of land, then such final site plan, when approved under this article, shall have the same status as an approved preliminary subdivision plat under article XVIII, subdivisions.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Preliminary site plan submission. Five copies of a preliminary site plan shall be filed with the board of supervisors through the zoning administrator. The preliminary site plan shall comply with the requirements for preliminary site plans set in this article and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the board and the planning commission. The zoning administrator shall forthwith forward the plans and a copy of the application to the planning commission.

(b)

Review of preliminary site plan by planning commission. The planning commission shall review the preliminary site plan for compliance with the requirements of this article. Before recommending approval of a preliminary site plan, the planning commission may make reasonable additional requirements especially requirements as to utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening, accessways, curb cuts, traffic control, height of buildings and setback of buildings, to protect adjoining residentially zoned lots or residential uses. The site plan shall be amended in accord with the requirements of the planning commission before being submitted to the board of supervisors with a recommendation for approval. The planning commission shall review the plans and prepare its report within a reasonable time, but in no case longer than 60 days after the first public hearing and 45 days after the applicant resubmits. The board of supervisors shall not advertise its public hearings until the reports and plans shall have been received from the planning commission. Once received, the board shall hold the public hearing and provide notice pursuant to the Code of Virginia, § 15.2-2204.

(c)

Approval by board of supervisors. Approval by the board of supervisors of a preliminary site plan for a conditional use shall be valid for a period of one year.

(d)

Approval by zoning administrator. Following preliminary approval by the board, a final site plan may be approved by the zoning administrator which shall comply with the specifications of the board and the requirements of this article and applicable laws, regulations and ordinances governing the subdivision of land. Permits shall be issued in accord with the approved and filed site plan or plat.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The procedure for amendment of the boundaries of or the nature or extent of land use for an approved conditional use or proffered condition shall be the same as for a new application, except that minor amendments of an approved site plan and conditions attached to an approved conditional use, or other site plan approved by the board of supervisors, may be approved by the planning commission at a regular meeting after written reports by the zoning administrator and without a public hearing, provided that such change or amendment does not:

(1)

Alter a recorded plat;

(2)

Conflict with the specific requirements of this chapter;

(3)

Change the general character or content of an approved development plan or use;

(4)

Have an appreciable effect on adjoining or surrounding property;

(5)

Result in any substantial change of major external access points;

(6)

Increase the minimum specified yards and open spaces or minimum or maximum specified parking and loading spaces; and

(7)

Decrease the minimum specified yards and open spaces or minimum or maximum specified parking and loading spaces.

(b)

Any interest in streets, alleys, easements for public rites of passage, easements for drainage, and easements for a public utility granted to a locality as a condition of the approval of a site plan may be vacated according to either of two methods described in Code of Virginia, § 15.2-2270.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

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

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Prior to approval of a building permit there shall be executed by the owner or developer an agreement to construct such required physical improvements as are located within public rights-of-way or easements, or as are connected to any public facility in form and substance as approved by the county. The planning commission may require a bond with surety or conditions acceptable to the county attorney in the amount of the estimated cost of the required physical improvements as determined by the departments, divisions or agencies responsible for such improvements. Such agreement, bond or conditions shall be provided for completion of all work covered thereby or for subsequent defects therein, within the time to be determined by the planning commission, which time may be extended by the planning commission upon written application by the owner or developer, signed by all parties (including sureties) to the original agreement. The adequacy, conditions and acceptability of any bond under this article shall be determined by the county attorney.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Pursuant to Code of Virginia, § 15.2-2261, final approval of a site plan submitted under the provisions of this article shall expire five years after the date of such approval or, if the building permits, or renewals thereof, have been issued for a valid and unexpired site plan, then upon the expiration of those permits. The issuance, and diligent pursuit of work thereunder, of permits authorizing construction of stormwater facilities, site grading or other infrastructure shall also be sufficient to extend the term of validity of a site plan approval for a period concurrent with the completion date for such improvements as specified by such permits. The application for and approval of minor modifications to an approved site plan shall not extend the period of validity of such plan and the original approval date shall remain the controlling date for purposes of determining validity. Notwithstanding the five-year term of validity, nothing shall preclude the application, to the greatest extent possible of the terms of any local ordinance adopted pursuant to the Chesapeake Bay Preservation Act, or the application of the provisions of any local ordinance adopted to comply with the requirements of the federal Clean Water Act, Section 402(p) of the stormwater program and regulations promulgated thereunder by the Environmental Protection Agency.

(b)

Upon application filed prior to expiration of a final site plan, the zoning administrator may grant one or more extensions of such approval for such additional periods as the zoning administrator may, at the time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development and the laws, ordinances and regulations in effect at the time of the request for an extension.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Subject to the time limits and conditions specified in this article, the rights of an owner or developer to continue a project for which a site plan has been approved shall not be abridged, as stated in Code of Virginia, § 15.2-2261.1, so long as the developer proceeds toward completion with reasonable care and diligence in accordance with the terms of the approval.

(Ord. No. 09-21R2, Att. A, 9-27-2021)