Statement of intent.

This district is intended to permit development in accordance with a master plan therefor of cluster-type communities containing not less than three thousand (3,000) contiguous acres under one (1) ownership or control, in a manner that will protect and preserve the natural resources, trees, watershed, contours and topographic features of the land, protect and enhance the natural scenic beauty and permit the greatest amount of recreational facilities by leaving as permanent open area not less than twenty-five (25) percent of the total acreage. Within such communities, the location of all improvement shall be controlled in such manner as to permit a variety of housing accommodations in an orderly relationship to one another, with the greatest amount of open area and the least disturbance to natural features. "Open area" shall include parks, lakes, roads, roadways, walkways, trails, playground and recreation facilities, golf, skiing and other sports facilities, nonresidential clubhouse grounds and rights-of-way and surface easement for drainage and other utilities over areas not within the lines of any residential lot. (A planned residential district may include a variety of residential accommodations with light commercial facilities and light craft manufacturing facilities in Village Centers to an extent necessary to serve the needs of the particular residential planned community and its visitors.)

Establishment.

7-1
Request and master plan.

Request for establishment of a residential planned community shall be made initially to the Planning Commission and subsequently to the County Board of Supervisors accompanied by a "Master Plan" for the proposed community of not less than three thousand (3,000) contiguous acres under one (1) ownership or control.

7-2
Application.

7-2-1
The applicant shall furnish with his application for establishment of a Residential Planned Community ten (10) copies of a Master Plan prepared by a surveyor, engineer or architect, duly authorized by the state to practice as such, upon which shall be shown the approximate location of the open areas which shall comprise not less than twenty-five (25) percent of the whole and the general location of the various types of land uses, including the general location of any Village Centers and the residential density classifications of each residential area.

7-2-2
The applicant shall further submit with his application ten (10) copies of a set of schematic preliminary plans which shall indicate a method by which the Master Plan may be implemented and show the general location of all public and private roads, the location and particular use of all open areas, the location and type of such proposed improvements and buildings as are required to be shown on the Final Plan, and a general sewer, storm drainage and water supply plan.

7-2-3
Upon approval by the County Board of Supervisors of the Master Plan, the Residential Planned Community shall be deemed established. After approval, the Master Plan may not be altered without approval of the County Board of Supervisors, but the preliminary plans shall be superseded by the Final Plans hereinafter provided for.

Development.

7-3
Final plan.

7-3-1
Following the establishment of a Residential Planned Community by approval of the Board of Supervisors of a Master Plan therefor, the applicant shall furnish to the planning commission ten (10) copies of a Final Plan of any part or section of the community comprising not less than five (5) acres of land shown on the Master Plan and from time to time thereafter shall submit additional Final Plans comprising the whole area of the Master Plan. The final plan shall be prepared or certified by a surveyor, engineer or architect. The final plans shall be consistent with the Master Plan as approved but may vary from the preliminary plans to any degree which the Planning Commission believes does not vary the basic concept or character of the development.

7-3-2
The final plans shall show by metes and bounds the layout of all major and local roads, public and private, the location of all buildings and improvements, other than single-family dwellings (as to these buildings the general location for improvements within the lines of each lot shall be shown) and other than school buildings or other buildings to be built by public authority (as to which the site or lot shall be shown), all parking areas, pedestrian ways, utility easements, lot lines, and shall show the different types of open areas and other public or community amenities, the proposed use of all buildings and of all areas dedicated for public or private common use.

7-3-3
The applicant shall furnish with a Final Plan a proposed deed of easement including restrictions safeguarding the permanent use of open areas and preventing encroachment thereupon.

7-3-4
When the Final Plan and deed of dedication shall have been approved by the Planning Commission as being in conformity with this ordinance and the Master Plan as approved by the County Board of Supervisors, and Final Plan submitted as provided for in the original Final Plan.

7-4
Additional land.

Additional land area may be added to an existing Residential Planned Community if it is adjacent (except for public roads) and forms a logical addition to the existing Residential Planned Community and if it is under the same ownership or control.

The procedure for an addition shall be the same as if an original application were filed, and all of the requirements of this ordinance shall apply except the minimum acreage requirement of three thousand (3,000) acres.

7-5
Use regulations.

All uses permitted by right or by special permit in the Conservation District C-1, Residential Districts R-1 and R-2, and Business District B-1 of the Nelson County Zoning Ordinance shall be permitted in the Residential Planned Community District, subject to the limitations hereinafter provided. In addition, the following land use categories (sectors) shall apply to Residential Planned Community Districts. All land use sectors shall be clearly indicated on the Master Plan and subsequent Final Plans, including the area of each sector in acres, maximum floor areas used for commercial or light craft manufacturing purposes, total numbers of dwelling units, and average gross densities in dwelling units per acre.

7-5-1
Multiple Use Sector - MU

In Multiple Use Sectors, the following uses are permitted:

(a)

Commercial, public, civic, and light craft manufacturing and sales uses as permitted in Business Districts B-1 and provided that the total floor areas used for commercial or light craft manufacturing purposes shall not exceed those shown on the Master Plan unless by special permit.

(b)

Residential, recreation, public, semipublic, community, and professional office uses as permitted in Residential Districts R-1 and R-2, and Multiple- Family Residential Sectors as provided hereinafter in Section 7-5-3, provided that the total number of dwelling units shall not exceed that shown on the Master Plan unless by special permit. The maximum allowable gross density shall not exceed twenty (20) dwelling units per acre, including roads, streets, parking, and open spaces and recreational areas.

(c)

Ancillary recreation and public and private uses not specifically provided for in the zoning ordinance shall be permitted, including:

1.

Golf courses and country clubs.

2.

Riding stables, horse show areas.

3.

Indoor and outdoor recreation facilities.

4.

Ski areas and facilities.

7-5-2
Single-Family Residential Sector - SR

In Single-Family Residential Sectors, the following uses will be permitted:

1.

Single-family detached dwellings.

2.

Single-family attached dwellings.

3.

Other uses as permitted in Residential Districts R-1 and in Section 7-5-1(b); except that Vacation House shall be a permissible by-right use in the SR Sector of the RPC District and shall not require a Special Use Permit.

The total number of dwelling units shall not exceed that shown on the Master Plan unless by special permit. The maximum allowable gross density shall not exceed ten (10) dwelling units per acre, including roads, streets, parking, open spaces and recreational areas.

7-5-3
Multiple-Family Residential Sector - MR

In Multiple-Family Residential Sectors, the uses permitted in Residential Districts R-1 and R-2 and in Section 7-5-1(b) will be permitted. The total number of dwelling units shall not exceed that shown on the Master Plan unless by special permit. The maximum allowable gross density shall not exceed fifteen (15) dwelling units per acre, including roads, streets, parking, open spaces and recreational areas.

7-6
Building location requirements.

The location of all structures shall be as shown on the Final Plan as required in Section 7-3 other than single-family dwellings as to which building restriction lines or construction area limit shall be shown with respect to each lot. The proposed location and arrangement of structures shall not be detrimental to the existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.

Open spaces between structures shall be protected where necessary by adequate covenants running with the land, conveyances or dedications. There shall be no minimum lot size, no minimum setback lines, no maximum percentage of lot coverage, no minimum yard or side yard width and no frontage requirement on a public or private street in a Residential Planned Community except as shown on the approved Final Plan.

7-7
Utilities.

Prior to approval of the Final Plan, the applicant must submit plans and specifications of a public or private sewer and a public or private water supply system adequate to serve the area covered by the Final Plan in conformity with standards of the Virginia State Water Control Board and the Virginia State Health Department.

Approval may be granted to a Final Plan subject to the condition that no lot may be sold or conveyed until assurances satisfactory to the Planning Commission have been given by the applicant with respect to the timely extension of water and sewer to the particular lot.

7-8
Street improvements.

7-8-1
All dedicated public streets shown on the Final Plan shall meet all requirements of the Virginia Department of Highways Subdivision Standards. Before approval of any Final Plan the Resident Engineer shall so certify. Such public streets shall be coordinated with the Major Transportation Network shown in the County Comprehensive Plan.

7-8-2
Private streets shown on the Final Plan shall be similarly coordinated with existing or planned streets of both the Master Plan and the County Comprehensive Plan. Private streets shown on the Final Plan need not meet the requirements of the Virginia Department of Highways but shall meet all other requirements of the County Subdivision Ordinance as these may be waived or modified by the Planning Commission as set forth hereafter.

The following provisions of the subdivision ordinance as applicable to Residential Planned Communities are modified as follows, subject to approval of the Final Plans by the Planning Commission:

(a)

There shall be no predetermined requirements for intersection or approach angles for private streets.

(b)

There shall be no predetermined maximum number of lots or units served by a cul-de-sac. Cul-de-sac turnarounds will not be required if serving less than twenty (20) lots, and if required, shall not be less than sixty (60) feet in diameter.

7-8-3
To the extent streets are private rather than public, the applicant must also submit assurances satisfactory to the Planning Commission that a property owners' community association or similar organization has been legally established under which the lots within the area of the Final Plan will be assessed for the cost of maintaining private streets, and that such assessments shall constitute a pro-rate [pro rata] lien upon the individual lots shown on the Final Plan.

7-8-4
Approval may be granted to a Final Plan subject to the condition that no lot may be sold or conveyed until assurances satisfactory to the Planning Commission have been given by the applicant with respect to the timely extension of public or private roads to the particular lot.

7-8-5
The uniqueness of each proposal for a Residential Planned Community requires that the specifications for the width, surfacing, construction and geometric design of streets, alleys, ways for public utilities, and the specifications for curbs, gutters, sidewalks, streetlights, and stormwater drainage shall be subject to modification from the specified, waive or modify the specifications otherwise applicable for a particular facility where the Planning Commission finds that such specifications are not required in the interests of the residents of the Residential Planned Community and that the modifications of such specifications are not inconsistent with the interests of the entire county, and conform to all other applicable ordinances and laws. (O2015-04)

7-8-6
It shall be the responsibility of the applicant to demonstrate to the satisfaction of the Planning Commission with respect to any requested waiver or modification:

(a)

That the waiver or modification will result in design and construction that is in accordance with accepted engineering standards;

(b)

That the waiver or modification is reasonable because of the uniqueness of the Residential Planned Community or because of the large area of the Residential Planned Community within which the nature and excellence of design and construction will be coordinated, preplanned and controlled;

(c)

That any waiver or modification as to streets is reasonable, with respect to the generation of vehicular traffic that is estimated will occur within the area of the Master Plan;

(d)

That traffic lanes of streets are sufficiently wide to carry the anticipated volume and speed of traffic; and

(e)

That waivers or modifications as to base and surface construction of streets and as to the construction of ditches or drainage way be based upon soil tests for CBR value and erosion characteristics of the particular subgrade soils in the area.

(Ord. No. O2015-04, 5-12-15; Ord. No. O2016-02, 4-12-16)

7-9
Average daily traffic estimates.

The basis for determining average daily traffic estimates from the Final Plans are:

7-10

Road widths.

The basis for determining road widths from the Final Plans are:

7-11

Special provisions.

The provisions hereof shall not be limited by any provisions of any other part of the Nelson County Zoning or Subdivision Regulations herewith.

Temporary Events conducted wholly within the Residential Planned Community District (RPC) shall be exempt from Temporary Event Permit requirements. Temporary Events which involve event operations outside of the RPC District shall be required to comply with the Temporary Event Permit policies and procedures contained in Article 24.

If following the establishment of a Residential Planned Community, a Final Plan shall be submitted to the Planning Commission as hereinbefore provided, such Final Plan shall be deemed approved by the Planning Commission if no action has been taken by the Planning Commission within sixty (60) days after such submission.

(Ord. No. O2016-04, 1-10-17)