(2)

Uses shall be permitted as established in section 66-34, subject to the community design standards pursuant to sections 66-40 thru 66-46 and the requirements of this section.

(3)

Lot and block standards.

a.

Lot and block standards shall be pursuant to chapter 50. Sections 50-123 and 50-124 shall not apply to a TND-C district.

b.

Lot and block design. Lot and block design should promote development that is compatible with natural features, minimizes pedestrian and vehicular conflict, promotes street life and activity, reinforces public spaces, promotes public safety, and visually enhances development and should allow for passive solar designs.

c.

Block and lot size diversity. The average perimeter of all blocks within the TND-C district should not exceed 1,600 feet. No block shall have a length greater than 500 feet without a dedicated alley or pathway providing through access. A variety of lot sizes should be provided to facilitate housing diversity and choice and meet the projected requirements of people with different housing needs.

d.

Setbacks and yards.

(i)

Corner lots. The side yard on the side facing the side street width shall be at least ten feet or more for both main and accessory buildings.

(ii)

Setbacks. All building setbacks shall be designed so as to achieve the purpose and intent of the district to create streets that are framed by buildings and thus comfortable for pedestrians.

(iii)

Mixed use commercial area. Commercial and civic or institutional buildings shall abut the sidewalks in the mixed-use area.

(iv)

Residential buildings. Residential buildings shall be set back a minimum of 50 feet from any agricultural parcels outside the TND-C that are zoned and primarily utilized for agricultural activities.

(4)

Residential development standards.

a.

TND-C districts shall incorporate a minimum of three separate categories of residential uses.

b.

No more than 70 percent of the residential units shall be of the same category (i.e., single-family attached or detached, apartments, duplexes, townhouses).

c.

Generally, high-density housing types shall be located closest to the neighborhood center.

d.

All dwelling units constructed above commercial uses shall be permissible in addition to the number of dwelling units authorized under this section. However, the total number of dwelling units shall not be increased by more than ten dwelling units or ten percent, whichever is greater.

e.

In an age-restricted development where ages are restricted by covenant to either 55 and above or 62 and above, development shall comply with the Housing for Older Persons Act of 1995, as amended, and a minimum of 50 percent of the residential units shall be either one story or made accessible by elevator.

f.

Not more than 50 percent of the total approved dwellings may be occupied prior to construction completion of at least 50 percent of the approved commercial component of the TND-C district.

g.

Not more than ten percent of the total approved dwellings may be occupied prior to the completion of the required open space component of the TND-C district.

(5)

Recreation and open space standards.

a.

Each TND-C district shall provide open space, squares, and parks for the benefit of the community.

b.

A minimum of 25 percent of the required open space shall be active open space.

c.

Ninety percent of the residential lots shall be within one third of a mile from active open space.

d.

Parks, greens and squares shall be bordered or fronted by streets, sidewalks, front building facades or other such features that provide visual definition of the open space so that it appears and functions as a part of the neighborhood, and not separate from it.

(6)

Accessory buildings. Accessory buildings should not be closer than ten feet to rear lot line and shall not be permitted in front or side yards.

(7)

Landscaping, screening and buffering.

a.

Landscaping, screening and buffering shall be provided pursuant to sections 50-87 and 66-43.

b.

Refuse collection for commercial uses shall be located no closer than 100 feet from any residential use excepting overhead occupancy in any commercial building and screened pursuant to section 66-43.

c.

A 20-foot landscaped easement, measured from the adjoining property line, shall be provided whenever a TND-C district abuts an agriculture or residential district. This area shall contain a single row of evergreen trees on ten-foot centers that are a minimum of six feet high at the time of planting. However, such area may be reduced if the adjoining agriculture or residential property owner agrees to such a reduction as evidenced by the recording of an agreement between the property owners.

(8)

Circulation.

a.

The traffic circulation system shall allow for different modes of transportation. The circulation system shall provide functional and visual links within the residential areas, mixed-use area and open space areas and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle, control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility through the district.

b.

Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided continuously throughout the TND-C. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced.

c.

Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other nonmotorized users) and separate, striped bicycle lanes on streets.

d.

Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance and shall be well-lighted.

(9)

Streets and alleys.

a.

Streets and alleys shall be provided pursuant to chapter 50.

b.

Local streets may terminate where there is a connection to a pedestrian or bicycle path network.

c.

Street construction shall be permanently constructed to current standards of and accepted for maintenance by VDOT.

d.

The orientation of streets shall enhance the visual impact of common open space and prominent buildings creating lots that facilitate passive solar design and minimize street gradients.

e.

Alleys shall have adjacent grassy swales runoff wherever a side does not abut a developed area. Minimum standards are found at www.dcr.virginia.gov/soil and water/documents/Chapter 3.13.pdf or their successor regulations.

f.

Alley easements shall be owned, controlled, and maintained by a property owners' association (POA) or similar association or owned by individual property owners with control and maintenance by a POA or other association. The town shall be granted emergency ingress and egress to alleys but shall have no maintenance or ownership responsibilities.

(10)

Paving and driveways.

a.

Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for areas such as remote parking lots and parking areas for periodic uses.

b.

Driveways shall have at least three feet of unpaved surface between them when building multifamily and townhouse units with individual driveways or zero lot lines.

(11)

Parking.

a.

Off-street parking shall conform to section 66-45.

b.

Parking shall be located at the rear or side of a building. A ten percent maximum front load exception may be allowed by council in cases where topography can be proven to prohibit rear or side parking, and said exception does not affect the integrity of the TND-C.

c.

Parking areas for shared or community use should be encouraged.

d.

A parking lot or garage may not be adjacent to or opposite a street intersection.

e.

For commercial and multifamily residential uses, parking lots or garages shall provide not less than one bicycle parking space for every ten motor vehicle parking spaces.

(12)

Stormwater management.

a.

The design and development of the TND-C should minimize off-site stormwater runoff, promote on-site filtration and minimize the discharge of pollutants to groundwater and surface water.

b.

Natural topography and existing land cover should be maintained/protected to the maximum extent practicable.

(13)

Design standards.

a.

Entries and facades.

(i)

The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street.

(ii)

The front facade of the principal building on any lot shall face onto a public street.

(iii)

The front facade shall not be oriented to face directly toward a parking lot.

(iv)

Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences.

(v)

For commercial buildings, a minimum of 50 percent of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior.

(vi)

New structures on opposite sides of the same street shall follow similar design guidelines.

(vii)

Awnings shall be made of fabric, wood or metal; high-gloss or plasticized fabrics are prohibited.

b.

Fences. Fencing shall be of a consistent design throughout the district.

(c)

Property owners' association (POA).

(1)

Establishment. Development of a TND-C district shall require establishment of a Property Owners Association Act, which shall comply with the Virginia Property Owners' Association Act. The subdivider shall file legal documents that establish procedures for the establishment of a nonprofit property owners' association prior to the sale of any lot in an approved residential or commercial use. These legal documents shall be submitted to the town for review and approval prior to the final subdivision plats. These documents shall include but not be limited to provisions for common properties, declarations of covenants, conditions and restrictions, articles of incorporation, bylaws, maintenance and upkeep of the alleys, common areas, and landscaping, and deed clauses for common areas. Conditions, covenants, and restrictions shall be established and recorded in the land records office of the circuit clerk's office for a TND-C before building may commence.

(2)

Responsibility of subdivider. The subdivider shall be responsible for the management and maintenance of all private common areas, easements and improvements in the approved subdivision until the improvements are taken over by a POA. The subdivider shall exercise all powers and duties of a POA, including assessment and collection of charges.

(3)

Transfer. All private common areas, easements and improvements shall be in good operating order and condition and in compliance with applicable laws, codes and regulations at the time of transfer to a POA. The subdivider shall notify the town in writing when the transfer of control to a POA occurs.

(4)

Maintenance. All private common areas, easements, and stormwater management facilities shall be owned and continuously maintained by the POA such that the use, function and appearance is in conformance to the provisions of this Code or other applicable governing body. The town, or other applicable governing body, shall have the right to inspect any common area, easement, stormwater management facility or dedicated facility to ensure that the requirements of this Code are complied with. If the maintenance of common areas, easements, stormwater management facilities, or dedicated facilities is neglected or becomes a danger to public health or safety, the locality with appropriate authority shall have the authority to perform the work necessary to bring the area into compliance with all applicable codes and recover all costs from the owners.

(d)

Application and review.

(1)

Establishment of a TND-C district shall be pursuant to the rezoning procedure established in Article II.

(2)

In addition to the rezoning application requirements listed in section 66-22, the following application requirements shall apply:

a.

A master development plan identifying:

(i)

Location of commercial, residential, and civic uses.

(ii)

The neighborhood center.

(iii)

The transitional areas between the neighborhood center area and predominantly residential edge areas.

(iv)

The neighborhood edge areas.

(v)

Proposed open space, specifically designating areas for passive and active use.

(vi)

Ownership, maintenance, and control responsibility of private alleys and open space.

b.

A tabulation of the proposed program of development by general area and in total providing:

(i)

Proposed dwelling units by residential type.

(ii)

Proposed nonresidential square footages by use type.

(iii)

Calculations of percentages of land area covered by the various land uses to show compliance

c.

A set of written and illustrated design guidelines that shall include dimensional and qualitative specifications for the following:

(i)

Building height, setback and bulk standards by land use type and general area outlined in subsection (b)(1)b of this section.

(ii)

Illustrations of proposed TND-C blocks showing potential mixes of uses and illustrative building, parking and alley layouts (examples of the type of illustrations required are retained by the town manager).

(iii)

Descriptions and illustrations of screening/buffering/transitions to be provided between residential and commercial/service uses.

(iv)

Standards for the landscaping and lighting of streets and off-street parking and loading areas and for screening of views of off-street parking and loading areas from public streets.

(v)

Architectural guidelines for all building types; such guidelines need not set specific floor plans or elevations, but shall describe in general the style and materials of buildings.

(vi)

A written description of how the proposed plan and design guidelines for the TND-C district meet the objectives outlined in this section.

(vii)

A statement regarding the timing of construction of common or public facilities.

(viii)

A general statement as to how parks, squares, common open spaces and common facilities are to be owned and maintained, and in particular which are to be public and dedicated to the town and which are to be private and maintained by a property owners' association.

(ix)

Detailed drawings of residential types, commercial types, the community recreation center, and the neighborhood (core) center which will precisely be used in the project.

(x)

Existing covenants on the property.

(xi)

POA documents.

(xii)

Verification that deeds clearly and boldly state the ownership, maintenance and control responsibility of the alleys belong to the POA.

(e)

Modifications. A proposed development may vary from the guidelines outlined in this section, except for uses established under section 66-34, subject to approval of a rezoning. Any waiver from the standards and guidelines shall be specifically acknowledged by means of a proffer or conditions.

(1)

A request for waiver must specifically clearly outline the requested waiver(s) and justify the need or benefit to the public and community should the waiver be granted.

(2)

Modifications to single-family attached/detached lot sizes will only be approved if the town believes the exceptions enhance the TND-C project. Those exceptions may affect up to 20 percent of the lot sizes and would allow for a 5,000 square feet minimum lot size.

(3)

Modifications to maximum floor area requirements for commercial uses may be waived by the town upon determination that a larger building as designed will not dominate the neighborhood or its streetscape.

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