(a)

Drainage facilities.

(1)

All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites and prevent excess flow of water across streets or adjoining properties. The council may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties and must be approved by the town.

(2)

All provisions of the state, county and town ordinances and regulations regarding stormwater drainage shall be complied with.

(b)

Utilities.

(1)

All utilities, such as gas lines and electrical and telephone systems, being placed in flood prone areas should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flooding occurrence. All on-site utilities or utility facilities not in flood prone areas shall be installed underground, including electrical, water, sewer, power, gas, telephone, and cable utilities, except for transmission powerlines of 50 kilovolts or greater, temporary facilities in conjunction with an authorized construction project, water towers, or other installations approved by the council.

(2)

The council may grant an exception to place utilities along rear property lines of lots facing Main Street.

(3)

All utilities shall be placed within easements or public street rights-of-way.

(4)

Utility equipment installed at ground level, including transformers, pedestals, switch gear, and other similar types of equipment which is visible from a public right-of-way shall be screened from view by appropriate evergreen shrubs planted in accordance with a landscape plan approved by the zoning administrator.

(5)

All rooftop equipment shall be screened in building materials that are visually compatible with the structure.

(6)

Whenever any existing on-site aboveground utilities require relocation for any reason, they shall be removed and placed under ground. In the event a development project impacts existing off-site aboveground utilities and necessitates their relocation onto the development site, such utilities shall be placed under ground.

(7)

Existing utilities located above ground may be maintained or repaired provided that such repair does not involve relocation or expansion.

(c)

Streets and sidewalks.

(1)

Generally

a.

All new developments in the R-2, R-3, B-1, B-2, B-3, and TND-C districts require the construction of sidewalks, including curb and gutter.

b.

Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to discharge flood flows without unduly increasing flood heights.

c.

Widening of streets and highways. Whenever there shall be plans in existence, approved by either VDOT or by town council, for the widening of any street or highway, the zoning administrator may require additional front yard setback for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

d.

All internal streets shall be permanently constructed to current standards of and accepted for maintenance by VDOT.

e.

All entrances shall be constructed to current VDOT standards.

f.

Street furnishings such as street furniture, pavement, planter spacing, and lighting shall be in accordance with the town's main street guidelines.

g.

Where practicable, the use of pervious surfaces should be used for walkways, alleys, and parking lots to promote infiltration and reduce the impact of development on local water quality.

(2)

Street construction.

a.

In all districts where sidewalks are required, there shall be a continuous concrete sidewalk, including curb and gutter, along both sides of the street. The sidewalks shall have accessible curb cuts, with textured paving, that direct pedestrians into a crosswalk. Pedestrian-friendly crosswalks, appropriately lit and marked with either paint or other paving, shall be placed at intersections where applicable in compliance with town standards. Americans with Disabilities Act (ADA) access shall be provided at all sidewalk intersections.

b.

Sidewalks in the R-2, R-3, B-2, B-3, and TND-C districts shall be a minimum of five feet wide and comply with the ADA.

c.

Sidewalks in the B-1 district shall be a minimum of eight feet wide and comply with the ADA.

(3)

Access management.

a.

In the B-1 district, a maximum of one access point is allowed per lot. Preference shall be given to lots with rear access roads or driveways shared between parcels.

b.

In the B-2 district, each lot (either existing or newly created) shall be entitled to one entrance of requisite width per VDOT standards. Additional entrances or access points may be permitted by the zoning administrator, with the concurrence of VDOT, if the need for and safety of such is substantiated by a traffic impact analysis conducted by the applicant. For purposes of this section, subsequent construction of buildings within a development project or on outparcels of the development project, shall not constitute a separate development and shall not be entitled to access separate and apart from the parent tract. Every parcel must provide vehicle and pedestrian access to the property line of adjacent contiguous parcels.

c.

In the B-3 district, access and traffic controls shall conform to the following:

1.

All means of ingress or egress from the shopping center shall be to a public street or state highway and shall be located in accordance with the regulations of VDOT and the town.

2.

The developer shall be responsible for the purchase and erection of any necessary traffic control devices and the construction of additional acceleration or deceleration lanes or service walks as may be required by VDOT and by the town.

3.

A traffic impact analysis shall be submitted for review by the town and VDOT. The analysis shall address access and internal circulation arrangements for the center and any outparcels. The recommendations of the analysis, unless specified otherwise by VDOT or by the town, shall be fully implemented.

4.

Access to shopping center outparcels shall be designed such that the internal circulation system alone provides adequate access to each proposed outparcel and adjoining B-3 parcels. Individual access to existing public roads for outparcels shall not be permitted except as may be approved by the zining administrator upon the demonstration within the traffic impact analysis that such an individual access will improve internal circulation and not adversely affect traffic flows on the adjacent public roadways.

(d)

Refuse and recyclables collection.

(1)

Dumpsters, or an alternate method of collection for recyclables and for nonrecyclable refuse approved by the zoning administrator, shall be required for mobile home parks and for multifamily, commercial and industrial developments. The following standards shall apply:

a.

Dumpsters or other approved collection receptacles shall be located on a site so that service vehicles will have convenient and unobstructed access to them. The location shall be such that encroachment by service vehicles upon bicycle and pedestrian ways, parking spaces or vehicular circulation drives will be minimized.

b.

Dumpsters and other approved collection receptacles shall conform to the following requirements:

1.

Receptacles shall not be located closer than 50 feet to any residential structure.

2.

In the B-3 district, no such storage area shall be permitted within any required yard space.

3.

In the B-1, B-2 and TND-C district, receptacles shall be located to the rear of the property.

c.

Dumpsters and other approved collection receptacles shall be either screened, enclosed or otherwise blocked from public view. Such screening or enclosure shall be designed in conjunction with the primary building, shall use similar materials and shall provide complete obscurity of the dumpster. The screen or enclosure shall have substantially durable double doors. Chain link fencing may not be used except where the zoning administrator determines that such screening is not necessary because other screening, such as building, fences or landscaping, is in place.

d.

Where dumpsters are to be utilized, dumpster pads, constructed in accordance with the applicable health department standards for construction and drainage, shall be provided.

e.

All organic rubbish shall be contained in vermin-proof containers with tightly fitting lids.

f.

All bulk solid waste receptacles shall be maintained in a clean condition. Such receptacles used for storage of solid waste or other material capable of creating unsanitary conditions shall be washed and disinfected as often as necessary to control odor and insect breeding.

g.

Any person accessing or servicing a bulk solid waste receptacle, for which screening or a screening enclosure has been provided, shall replace the bulk solid waste receptacle behind or within the screening or screening enclosure immediately after access or service.

h.

It shall be the joint and severable responsibility of the owner of each multiple-unit dwelling, commercial and industrial land or buildings to provide a number of approved containers for storage of solid waste to prevent overflow between times of collection, and maintain the premises in accordance with the provisions of this chapter.

(e)

Telecommunications.

(1)

The standards of this section apply whenever a special use permit is sought for a broadcasting or communications tower, as this use is defined in this chapter. Any wireless communication antenna which meets the definition of a "utility service, minor," is not subject to the provisions of this section.

(2)

General standards. The following sites shall be considered by applicants as the preferred order of location of proposed broadcasting or communication facilities:

a.

Existing broadcasting or communication towers.

b.

Public structures, such as water towers, utility structures, fire stations, bridges, steeples, and other public buildings not utilized primarily for residential uses within I-1 district.

c.

All other structures within the I-1 zoning district.

(3)

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of council that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements, as documented by a qualified and licensed professional engineer.

b.

Existing towers or structures do not have sufficient height to meet applicant's engineering requirements, as documented by a qualified and licensed professional engineer.

c.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced modified, or replaced to accommodate the planned or equivalent equipment at a reasonable cost.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers and structures, or the existing antenna would interfere with applicant's proposed antenna.

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are deemed unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unreasonable.

g.

The maximum height of any broadcasting and communications tower shall be made a condition of the special use permit. No facility shall be greater than 199 feet. Reductions in height are contingent upon the adjacent uses and viewshed. Exceptions provided when included in a church steeple, bell tower, water tower, light pole, or other similar architecturally compatible structure.

(4)

Broadcasting or communication towers shall conform with each of the following minimum setback requirements:

a.

Towers shall have a minimum front, side, and rear yard setback equal to the height of the tower.

b.

Towers guys and accessory structures shall satisfy the minimum setback requirements of the underlying zoning district.

c.

Towers shall not be located between the principal structure and a public street.

d.

A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, utility pole, or similar structure.

(5)

More than one tower may be permitted provided all setback requirements have been met.

(6)

All broadcasting or communication towers shall be designed, structurally, electrically, and in other respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users, if the tower is over 100 feet in height, or for at least one additional user if the tower is over 60 feet in height.

(7)

Proposed or modified towers and antennas shall meet the following design requirements:

a.

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

b.

Broadcasting or communication towers shall be of a monopole design unless the council determines that an alternative design would better blend into the surrounding environment.

(8)

Towers shall be illuminated as required by the Federal Communications Commission, (FCC) but no lighting shall be incorporated if not required by the FCC, other than essential security lighting. Site lighting shall not be directed toward adjacent properties. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

(9)

Towers shall be located in an area where they are unobtrusive and do not substantially detract from aesthetics or neighborhood character, due to either location, to the nature of surrounding uses, or to lack of visibility caused by natural growth or other factors.

(10)

A buffer yard shall be provided surrounding the facility. The special use permit application shall include a landscape plan showing the locations, species, and size at planting for the landscaping proposed.

(11)

Signage on site shall be limited to no trespassing or safety signs to be positioned on the fence surrounding the facility. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

(12)

No new or existing telecommunications service shall interfere with public safety communications. Before the introduction of new service or changes in existing service, telecommunications providers shall notify the town at least ten calendar days in advance of such changes and allow the town to monitor interference levels during the testing process.

(13)

There shall be no outdoor storage associated with the facility.

(14)

All towers and associated facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the zoning administrator. In the event that a tower is not removed within six months of the cessation of operations at a site, the tower and associated facilities may be removed by the town and the costs of removal assessed against the owner and property.

(Ord. No. 06-2020, Att. 1, 6-9-2020)