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Northampton County Unincorporated
City Zoning Code

PERMITS AND

PROCEDURES

§ 154.2.040 ZONING CLEARANCE.

   (A)   It shall be unlawful to change the use of land or structures or to alter or erect structures until a zoning clearance is approved by and obtained from the Zoning Administrator except for certain very-low-impact uses as indicated in Appendix A of this chapter.
   (B)   The Zoning Administrator shall review the application for the zoning clearance and approve it before the clearance is issued. When a building permit involving either change of use or change in building area is required, the application for zoning clearance shall be incorporated with the building permit and the Zoning Administrator shall approve the zoning clearance before such permit is issued. Where site plan review is required, the application for zoning clearance shall be incorporated into the application for site plan review, in which case the requirements for site plan review in this chapter shall apply. The intent of the zoning clearance is to ensure that land, structures and uses of land and structures are in conformity with the provisions of this chapter.
      (1)   Application for zoning clearance. An application for zoning clearance shall contain the following:
         (a)   Name, address, and phone number of the landowner and the applicant;
         (b)   Signature of the applicant attesting to the truth of all information required and contained therein, and attesting to the knowledge and consent of the landowner to file the application. If the landowner is not an applicant, the landowner must still provide written consent to the application;
         (c)   Zoning district(s);
         (d)   Two plans or sketches, drawn to scale, showing lot dimensions, location and size of existing and proposed structures and uses, yard dimensions, easements and street and highway rights-of-way; and
         (e)   Such other information as may be required by the Zoning Administrator in order for him/her to determine conformity with this chapter.
      (2)   Approval of zoning clearance. Within 30 days of receipt of the application, the Zoning Administrator shall approve or disapprove the application. One copy of the plan, sketch, or site plan shall be returned to the applicant along with the zoning clearance or a written denial and reasons for denial. Zoning clearances incorporated into building permits and/or site plan review approvals shall expire in the same manner and time frame as building permits and/or site plan approvals. If a zoning clearance is approved for a particular use of a property and that use changes, the new use is required to fully comply with this chapter.
(Ord. passed 4-12-2016)

§ 154.2.041 CERTIFICATE OF OCCUPANCY.

   (A)   Certificate of occupancy required. No change in the use or occupancy of any existing building (except for an existing single-family dwelling) may be made, nor may any new building or dwelling be occupied for any purpose until a certificate of occupancy has been issued by the Zoning Administrator and the Building Official. Every certificate of occupancy must state that the new occupancy complies with all provisions of the ordinance.
   (B)   Records. A record of all certificates of occupancy shall be kept on file in the office of the Building Official.
   (C)   Notification of legal nonconformity. The Zoning Administrator may make inspections to identify lawful nonconforming uses; to notify in writing the owner(s) and/or occupant(s) that the building or land they occupy is a lawful nonconforming use; and if so determined to advise them of their right to continue the lawful nonconforming use and the conditions thereof or that their use is in violation of the chapter; and/or upon application, to issue a zoning clearance for the lawful nonconforming use.
(Ord. passed 4-12-2016)

§ 154.2.042 SPECIAL USE PERMIT.

   (A)   The Board of Supervisors may, after review and recommendation by the Planning Commission, and after proper notice and a public hearing, grant a special use permit where such special use or structure is permitted by the terms of this chapter.
   (B)   The Board of Supervisors may grant, deny, or grant conditionally the permit. The special use permit may be granted along with safeguards, requirements, and conditions which may be imposed. The permit shall state whether it is issued to the applicant or whether it is issued for the use on the site and runs with the land. There shall be two types of special use permits: major special use permits and minor special use permits.
      (1)   Procedure. An application for a special use permit (major or minor) may be submitted by the property owner, or the contract owner, optionee, or lessee of the property affected with the owner's written and notarized consent. Procedures for application and review shall be as follows:
         (a)   Major special use permits. When a major special use permit application is submitted, one copy of each of the following items must be submitted in conjunction with the application before it can be accepted:   
            1.   The legal description of the property for which the special use permit is requested, as well as the names of all owners of the properties involved.
            2.   A conceptual plan showing the property drawn at a scale with sufficient references to existing streets and surrounding properties. The plan must show accurate locations and dimensions of on-site and adjacent features and must include:
               a.   A scale and north arrow;
               b.    Required setbacks for the proposed use and any proposed structures as measured from property lines and/or easements;
               c.   A separate conceptual grading plan of the site with drainage features, soils, soil types, and flow arrows;
               d.    Water bodies, wetlands, and Chesapeake Bay Preservation features including the 100-foot buffer;
               e.    Existing and proposed sewage disposal systems and water supply;
               f.    Open space areas and/or landscaping as required by this chapter;
               g.    Existing and proposed buildings and uses, showing square footage of each use;
               h.    Existing and proposed streets, roads and/or rights-of-way, accessibility features and pedestrian walkways with applicable setbacks as required by this chapter;
               i.    Parking areas with appropriate dimensions detailing individual spaces and with applicable setbacks as required by this chapter; and
               j.   Any performance standards or requirements imposed by other sections of this chapter.
            3.   Any other studies or documents as required by the Zoning Administrator or other designated staff for the proposed application and any existing permits or encumbrances, such as easements/rights-of-way, attached and recorded with the parcel.
            4.   A completed application for major special use permit, on forms provided by the Zoning Administrator, including payment of the review fee.
            5.   The most recently recorded plat of the parcel(s) comprising the proposed project, or a boundary survey if a portion of one or more parcels composes the proposed project, both of which shall include metes and bounds description of the boundaries.
            6.   A written Statement of Justification and narrative for the application. The Statement of Justification shall address the guidelines set forth in division (B) (4) below as applicable. The narrative must include a project overview and a summary of the concepts behind the project.
         (b)   Minor special use permits. When a minor special use permit application is submitted, the following items must be submitted in conjunction with the application before it can be accepted.
            1.   One copy of a legal description of the property for which the special use permit is requested, as well as the names of all owners of the properties involved.
            2.   One copy of an accurately scaled drawing showing the property drawn at a scale with sufficient references to existing streets and subdivisions to enable the property to be located on county maps. The drawing must show:
               a.   The locations and distances to water bodies and Chesapeake Bay Preservation features;
               b.   Soil types;
               c.    Open space areas;
               d.   The locations, names, route numbers, and distances to existing and proposed on-site and adjacent streets, roads, and rights-of-way;
               e.   The locations of the existing and proposed sewage disposal systems and water supply;
               f.   The locations and distances to existing and proposed buildings, structures, and uses;
               g.   The signature of the applicant attesting that what is shown thereon is true and accurate, complies with all applicable zoning ordinance requirements or that the application would necessitate modifications or exceptions of certain regulations to gain approval, along with a list fully identifying all exceptions or modifications needed.
            3.   The names and addresses of the property owners abutting the application property and across the street from it, and the county tax parcel numbers of those properties.
            4.   A completed application for minor special use permit on forms provided by the Zoning Administrator, including payment of the review fee.
            5.   A written Statement of Justification for the application addressing the guidelines set forth in division (B) (4) below to the extent possible.
      (2)   County staff review process. The Zoning Administrator shall refer all special use permit applications (major and minor) to the Director of Planning and Zoning who shall review the application and the comments made regarding the application by other agencies and formulate a recommendation to the Planning Commission and the Board of Supervisors. If necessary to fully review the application, the Director of Planning and Zoning is authorized to ask for additional information from the applicant.
         (a)   The Director of Planning and Zoning shall be responsible for sending out any written notice required for the public hearings of the Planning Commission and Board of Supervisors.
         (b)   At least 15 days before the date of the public hearings before the Planning Commission and the Board, a notice shall be posted of the public hearing on the land or building involved in any application. The notice shall be prepared by the Department of Planning and Zoning and contain, at a minimum, the date, location and time of the public hearing, the nature of the proposed change, the name of the applicant and the application number. County staff shall post a notice of pending zoning action on the subject property that is visible from the public right-of-way.
            1.   The Planning Commission and Board of Supervisors shall hold public hearings after notice in accordance with VA Code § 15.2-2204, according to a schedule to be established by the Board of Supervisors. This schedule shall include county matters.
            2.   The Planning Commission and Board of Supervisors will review the recommendation of the Director of Planning and Zoning, and/or any other report and/or pertinent information regarding the application, and may visit the site and/or meet with the applicant.
            3.    After its public hearing the Planning Commission shall make a recommendation to the Board of Supervisors regarding the application. The failure of the Planning Commission to report 100 days after the first meeting of the Commission at which the application is considered shall be deemed approval, unless the application has been withdrawn by the applicant prior to the expiration of the time period. After its public hearing, the Board of Supervisors will make a decision on the application and promptly notify the applicant of its decision in writing.
      (3)   Development conditions. In conjunction with the approval of a special use permit (major or minor), the Board of Supervisors may impose conditions, limitations or other special safeguards and requirements as are reasonably necessary to protect the public health, safety and welfare, such as, but not limited to the following:
         (a)   Restricting noise, smoke, dust, vibration, odors, wastes or other elements that may affect abutting or adjacent properties;
         (b)   Establishing greater setbacks (side, front, and rear) or other requirements necessary for orderly use and/or expansion and for preventing traffic congestion;
         (c)   Providing for adequate parking and ingress and egress to public streets and roads necessary to prevent traffic congestion;
         (d)   Providing adjoining property with a buffer fence or line of evergreens or shield from view of the proposed use and/or structure;
         (e)   Establishing a period of time, not to exceed 18 months, during which the new special use must begin and after which the permit shall no longer be valid, if the special use has not begun;
         (f)   Requiring a bond, in a reasonable amount determined by and payable to the Board of Supervisors, to ensure compliance with the terms and conditions of any special use permit;
         (g)   Establishing hours of operation or specific time limits for the special permit use.
      (4)   Special use permit approval guidelines. Uses permitted by special use permit (major or minor), as listed in the zoning district provided for, shall be permitted only upon the obtaining of a special use permit from the Board of Supervisors, and subject to all other applicable provisions of the chapter. The Board of Supervisors may issue a permit for such use if the following criteria are adequately addressed:
         (a)   The proposed use and/or structure are allowed under the district regulations or elsewhere in this chapter;
         (b)   The proposed use and/or structure complies with the regulations governing individual special uses;
         (c)   The proposed use and/or structure are consistent with the county’s Comprehensive Plan;
         (d)   The proposed use and/or structure will not change the character of the neighborhood, area, or district in which it will be located;
         (e)   The proposed use and/or structure, and accompanying parcel development, are in harmony with the uses permitted by right in the zoning district and with the intent of the zoning district regulations and will not adversely affect the use of neighboring property or impair the value thereof;
         (f)   The proposed use and/or structure will not be hazardous or injurious to or in conflict with the character of the neighborhood considering the size and location of the use, the nature and intensity of the operation involved or conducted in connection with it, its site layout, and its relation to roads giving access to it;
         (g)   The proposed use and/or structure will not adversely affect the health and safety of persons residing or working in the neighborhood of the proposed use;
         (h)   The proposed use and/or structure will not be detrimental to public welfare or injurious to property or improvements in the neighborhood;
         (i)   The proposed use and/or structure will protect and not cause damage to the county’s fresh water aquifer and water quality (including groundwater);
         (j)   The application, along with the development conditions and safeguards imposed, adequately mitigates the impacts of the proposed use and/or structure; and
         (k)    The proposed use and/or structure will otherwise be in accord with the provisions of the chapter.
      (5)   Effect of approval. The issuance of a special use permit (major or minor) shall authorize the applicant to construct only such structure(s), and/or conduct only such use(s), as are specifically authorized by the special use permit. Any deviation, expansion, or other changes whatsoever are in violation of the permit and this chapter, are prohibited, and shall require that the applicant reapply for and gain approval of a new special use permit before such deviation, expansion, or other changes are lawful.
      (6)   Resubmission of applications. A property owner or other applicant who has filed for a special use permit (major or minor) may not submit substantially the same application for a special use permit within a period of 12 months from the date of the original denial by the Board of Supervisors.
      (7)   Appeals. Any action contesting the decision of the Board approving or failing to approve a proposed special use permit shall be filed within 30 days of the decision with the Circuit Court.
(Ord. passed 4-12-2016; Am. Ord. passed 4-11-2017; Am. Ord. passed 9-8-2020)

§ 154.2.043 AMENDMENTS.

   (A)   Amending the zoning ordinance text or zoning map.
      (1)   General requirements, intent, and factors to be considered.
         (a)   Whenever the public necessity, convenience or general welfare or good zoning practice justifies such action, and after consideration and recommendation by the Planning Commission, the Board of Supervisors may, by ordinance, change the text regulations set forth in this chapter and/or the official zoning map of the county.
         (b)   In the process of reviewing and considering proposed zoning text and/or map amendments, reasonable consideration shall be given to the applicable factors in VA Code §§ 15.2-2283 and 15.2-2284. Also in reviewing and considering proposed zoning map amendment(s), the proffers offered by an applicant shall be considered, so long as they were submitted in a timely manner and submitted in proper form.
      (2)   Receipt of application.
         (a)   A proposed change of zoning district boundaries or proposed change in the text of the ordinance may be initiated by one of the following methods:
            1.   By resolution of the Board of Supervisors;
            2.   By motion of the Planning Commission; or
            3.   By petition addressed to the Board of Supervisors of a property owner, or contract purchaser with the owners' written and notarized consent, or of the owners' agent, of the property which is the subject of the proposed zoning map amendment.
         (b)   An application must be submitted in writing, on county-prepared forms, to the Zoning Administrator. The application must be accompanied by the documents specified as "Documents to be Submitted" below in this chapter. All information provided by the applicant must be true and accurate.
   (B)   Analysis and processing of application.
      (1)   After receiving the application, the Zoning Administrator shall first determine if all of the submission requirements of this section have been met. Should additional information be required to satisfy the adopted minimum submission requirements, the Zoning Administrator shall inform the applicant within seven business days after receipt that the application is rejected until such time as the submission requirements are satisfied and identify which requirements have not been met.
      (2)   Upon receipt of an application satisfying all adopted submission requirements, the Zoning Administrator will submit the application to the Director of Planning and Zoning.
      (3)   The Director of Planning and Zoning shall notify, in writing, the applicant, the Chairperson of the Planning Commission, and the Chairperson of the Board of Supervisors that the application has been received and judged to have met the minimum submission requirements to allow further processing. Conformance with the adopted minimum submission requirements does not mean that the application is in conformance with all applicable chapter requirements.
      (4)   The Director of Planning and Zoning, on behalf of the Board of Supervisors, will notify the applicant, the Planning Commission and the Board of Supervisors of the proposed dates for the public hearings on the application before the Planning Commission and the Board of Supervisors. The Planning Commission shall hold its public hearing and take action on the application within 100 days of its first meeting following notification of application acceptance by the Zoning Administrator. The Board of Supervisors shall act on the application within a reasonable time not to exceed 12 months of acceptance. The applicant may consent to the extension of these time frames. Both the Commission and the Board may ask for additional information from the applicant during their reviews of the application.
      (5)   The Director of Planning and Zoning shall also provide other appropriate agencies with copies of the application and other pertinent documents to allow them to comment on the application.
      (6)   At the option of the Planning Commission, the Commission may arrange with the applicant to have an informal briefing on the project for the Planning Commission prior to the required public hearing.
      (7)   In consultation with the Chairpersons of the Planning Commission and of the Board of Supervisors, the Director of Planning and Zoning shall establish the actual dates for public hearings before the Commission and Board and coordinate for legal notice of the public hearings before the Commission and Board, and coordinate the legal notice of the public hearings before the Commission and Board.
      (8)   The Director of Planning and Zoning shall prepare an analysis of the proposed application and prepare a written report to the Planning Commission and Board of Supervisors giving the staff findings and recommendations concerning the proposal prior to the public hearings, including the comments and conclusion of other agencies reviewing the application.
   (C)   Consideration of application by the Planning Commission. After public notice has been given in accordance with VA Code § 15.2-2204, the Planning Commission shall hold a public hearing on the proposed amendment. Failure of the Planning Commission to submit its recommendation regarding the application 100 days after the first meeting of the Planning Commission after the proposed amendment has been referred to the Planning Commission, or such shorter period as may be prescribed by the governing body, shall be deemed approval, unless the proposed amendment has been withdrawn by the applicant prior to the expiration of the time period.
   (D)   Consideration of application by the Board of Supervisors. The Board of Supervisors shall consider the proposed amendment after notice and public hearing in accordance with VA Code § 15.2-2204. The Board of Supervisors and the Planning Commission may hold a joint public hearing, in which case the public notice may be handled and published concurrently.
      (1)   The Board of Supervisors may take up to one year from the date that the Zoning Administrator determines that the application met all adopted submission requirements in which to make its decision regarding the proposed amendment. Additional time may be taken when authorized by state law.
      (2)   After its public hearing, the Board of Supervisors may make appropriate changes or corrections in the proposed amendment, however, under no circumstances shall no additional land be rezoned, or a more intensive classification be approved, than was contained in the public notice required by VA Code § 15.2-2204.
      (3)   Each motion of intent to amend by the Board of Supervisors shall state the public purpose of the amendment as required by VA Code § 15.2-2286.
   (E)   Reconsideration of applications. A property owner or other applicant to amend this chapter may not submit substantially the same application for amendment within a period of 12 months from the date of the original denial by the Board of Supervisors.
   (F)   Withdrawal of rezoning applications/ petitions. An applicant for rezoning may withdraw the application/petition from consideration at any time prior to the Board of Supervisors action without prejudice to being able to refile the same or a similar application within one year.
   (G)   Conflict of interest. An application brought by a property owner, contract purchaser, or the agent thereof shall be sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not:
      (1)   Any member of the Planning Commission or the Board of Supervisors has any interest in such property, either individually, by ownership of stock in a corporation owning such land or partnership; or
      (2)   Whether a member of the immediate household of any member of the Commission or governing body has any such interest.
   (H)   Documents to be submitted for owner-initiated zoning map changes. When a zoning map change application/petition is submitted by a property owner, a contract purchaser with the owners' consent, or by the owners' agent, the following items must be submitted in conjunction with the application before it can be accepted:
      (1)   Ten copies of a legal description of the property for which the change of zoning is requested, including a metes and bounds description of the application property and one for each zoning district proposed.
      (2)   Ten copies of a certified plat showing the property drawn at a scale with sufficient references to existing streets and subdivisions to enable the property to be located on county maps. The plat must include a scale and north arrow (if feasible, oriented to the top), and show the proposed streets/roads/rights-of-way, utility lines, trails, bike and/or bridle paths, water bodies and Chesapeake Bay Preservation features, soil types and their locations, and open space areas. The plat shall also show the locations and distances to existing and proposed buildings, structures and uses, the names and numbers of all boundary roads/streets; and the widths of all existing and proposed rights-of-way and parking areas. The plat shall also include a tabulation chart showing the existing and proposed zoning, the existing and proposed use(s), the number of dwelling units and supporting buildings or structures and their sizes in square feet (for proposed residential structures), the number of buildings or structures and their sizes in square feet and floor area ratio (for proposed non-residential uses), the amount and type of open space, the area used to calculate density/intensity of the proposed use, and the vehicle trips per day and by peak hour anticipated to be generated by the proposed use (ITE trip generation figures should be provided at a minimum). The plat shall contain the seal and signature of the professional that prepared it.
      (3)   The names and addresses, of the property owners abutting the application property and across the street from it, and the county tax parcel numbers of their properties.
      (4)   A completed application for zoning map change on forms provided by the Zoning Administrator, including payment of the review fee and submission of any proffers being proposed.
      (5)   A written Statement of Justification for the application addressing:
         (a)   Whether and how the proposed application and its use(s) are consistent with the adopted Comprehensive Plan;
         (b)   Whether and how the proposed application and its use(s) are in compliance with all applicable zoning ordinance regulations;
         (c)   Whether and how the proposed application and its use(s) are consistent with the individual zoning criteria in VA Code §§ 15.2-2283 and 15.2-2284;
         (d)   Whether and how the proposed application and its use(s) will protect, and not damage the county's fresh water aquifer and water quality (including groundwater);
         (e)   Whether and how the proposed application and use(s) are compatible with existing or proposed uses in the neighborhood and with adjacent parcels;
         (f)   Whether and why there is sufficient existing or proposed landscaping, screening and buffering on the application property and/or in the neighborhood to adequately screen surrounding uses;
         (g)   Whether and how the proposed application and use(s) will result in the preservation of topographic, physical, natural, scenic, archaeological and/or historic features of significance;
         (h)   Whether and why the traffic expected to be generated by the proposed use(s) will be adequately and safely served by roads, pedestrian connections, and other transportation services;
         (i)   Whether and why the proposed use(s) will not affect the structural capacity or the sewage disposal functionality of the soils.
   (I)   Documents to be submitted for a zoning text change. When a zoning text change is proposed by a property owner, a contract purchaser with the owners' consent, or by the owners' agent, the following items must be submitted in conjunction with the application before it can be accepted:
      (1)   The proposed wording or re-wording of the text to be amended with references to the article, section and subsection that is proposed to be amended.
      (2)   A narrative description of the purposes to be served by the proposed amendment and how it would change the regulations of the zoning ordinance.
      (3)   Completed application/petition for zoning text change on forms provided by the Zoning Administrator, including payment of the review fee.
      (4)   A written Statement of Justification for the application addressing:
         (a)   Whether and how the proposed amendment is consistent with the adopted Comprehensive Plan;
         (b)   Whether and how the proposed amendment is consistent with the individual zoning criteria in VA Code §§ 15.2-2283 and 15.2-2284;
         (c)   Whether, how, and to what extent the proposed amendment and its use(s) are in compliance with all applicable zoning ordinance regulations;
         (d)   Whether, how, and to what extent the proposed amendment will protect the county's fresh water and water quality (including groundwater);
         (e)   Whether and how the proposed amendment and its use(s) are compatible with existing or proposed uses in the neighborhood and with adjacent parcels which may potentially be affected by the amendment;
         (f)   How the proposed amendment intends to mitigate any potentially adverse impacts caused by the proposed use(s) or regulatory change(s).
   (J)   Joint processing of applications permitted. In cases where applications, which are related to the same project, request amendments to the zoning map, amendments to the zoning text, the approval of a special use permit, or other approvals required to be made by the Board of Supervisors, it is the policy of the county that such applications may be submitted and processed as if they were a single application. Notwithstanding the above, action by the Planning Commission and Board of Supervisors on each application shall be considered and voted on separately.
   (K)   Appeals. Any action contesting the decision of the Board to adopt or failing to adopt a proposed zoning ordinance or amendment thereto shall be filed within 30 days of the decision with the Circuit Court.
   (L)   Recording changes on zoning map. If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the change has been approved by the Board of Supervisors or no more than ten days after approval. Such changes shall be attested by the initials of the Zoning Administrator and the date of entry. A paper copy of such map or maps shall be filed with the Clerk of the Circuit Court of Northampton County. Changes to this chapter which involve matters portrayed on the official zoning map shall be entered onto the official zoning map. No change of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter.
(Ord. passed 4-12-2016)

§ 154.2.044 PROFFERING CONDITIONS TO ZONING DISTRICT REGULATIONS.

   (A)   Purpose. Pursuant to VA Code § 15.2-2303, as amended, it is the purpose of this section to provide a more flexible and adaptable zoning method to cope with the situations found in various zones and applications through proffered re-zonings, whereby a zoning reclassification may be allowed subject to certain conditions voluntarily proffered by the applicant for the protection of the community that may or may not be generally applicable to land similarly zoned.
   (B)   Proffer of conditions. In addition to the regulations provided for the zoning districts by this chapter, the Board of Supervisors may adopt, as part of an amendment to the zoning map, reasonable conditions when such conditions shall have been voluntarily proffered in writing, in advance of the Board of Supervisors public hearing, by the owner of the property submitting the zoning map amendment. Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning ordinance; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.
   (C)   Proffered rezoning procedure.
      (1)   Once a rezoning application/petition has been filed and accepted by the Zoning Administrator, it shall be reviewed in keeping with the guidelines as found in this subchapter by the Director of Planning and Zoning. The Director of Planning and Zoning shall prepare a report and recommendation for presentation to the Planning Commission, a copy of which shall be transmitted to the applicant.
      (2)   The Director of Planning and Zoning's report shall indicate those proffered conditions that he/she believes are necessary to mitigate the application's impacts on adjacent landowners as well as the county and its citizens.
      (3)   The Planning Commission, at a duly conducted public hearing, shall consider the Director of Planning and Zoning's recommendations and discuss same with the applicant. The Commission shall forward its recommendations on the zoning application/petition to the Board of Supervisors.
      (4)   After the recommendation of the Commission is made and prior to the Board of Supervisors’ public hearing on the application/ petition, the petitioner shall submit in writing and signed by the landowner, the final voluntary proffers being offered in conjunction with the zoning amendment request. The proffers shall be addressed to the Chairperson, Northampton County Board of Supervisors, with a copy provided to the Director of Planning and Zoning.
      (5)   If the rezoning application is approved with the proffered conditions, the proffers shall be recorded in the Clerk of the Circuit Court's office. Those proffers which condition the use of the land involved shall be made a part of the deed to such lands. The proffers, including those which require monetary payments, shall run with the land until removed by the Board of Supervisors as a result of an amendment to the original application or as a result of a subsequent rezoning petition.
      (6)   Petition for review. The Zoning Administrator is vested with all the necessary authority on behalf of the Board of Supervisors to administer and enforce conditions attached to a rezoning or zoning map amendment pursuant to VA Code § 15.2-2299. Any zoning applicant or other person who is aggrieved by a decision of the Zoning Administrator made pursuant to the administration and/or enforcement of conditions attached to a rezoning or zoning map amendment may petition the Board of Supervisors for review of the decision. Petitions shall be filed with the Zoning Administrator and the Clerk of the Board of Supervisors within 30 days of the decision date for which the review is sought. The petition shall specify all of the grounds upon which the petitioner claims to be aggrieved.
(Ord. passed 4-12-2016)

§ 154.2.045 SITE PLANS.

   (A)   Purpose and intent. There is a mutual responsibility between the county and the developer to develop land in an orderly manner. The purpose of this section is to encourage innovative and creative design and facilitate use of the most advantageous techniques in the development of land in the county and to ensure the efficient use of land and to promote high standards in the layout, design, landscaping and construction of development.
   (B)   Development or land use requiring a site plan. A site plan is required for the following:
      (1)   Any development in which an automobile parking space is to be used by more than one business;
      (2)   Any use or development, regardless of zoning district, where a plat is submitted pursuant to the Subdivision Ordinance. Single-family detached dwelling units constructed by property owner(s) or farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than 5% on their individual lots are exempt from the provisions of this section;
      (3)   Any proposed change in an approved site plan;
      (4)   Any proposed change from an existing residential use to a business, industrial or multi-family residential use;
      (5)   Any public or semi-public building;
      (6)   Any other use involving a structure required to be reviewed by the county under VA Code § 15.2-2286 (A) (8), as amended.
   (C)   Site plan information required. Every site plan must contain the following information:
      (1)   Location of tract or parcel by vicinity map at a scale of not less than one inch equals 2,000 feet showing streets, water bodies, property boundaries, and other landmarks sufficient to properly identify the location of the property;
      (2)   A boundary survey of the tract, or site plan limit, with an error of closure within the limit of one foot in 7,500 feet related to the true meridian and showing the location and type of boundary evidence;
      (3)   A certificate or plat signed by the engineer or surveyor setting forth the source and title of the owner of the tract and the place of record of the last instrument in the chain of title;
      (4)   Existing and proposed streets and easements, including their names, numbers and widths; existing and proposed utilities of all types; water courses and their names; owners, zoning and present use of adjoining tracts;
      (5)   Location, type, dimensions, and size of ingress and egress to the site;
      (6)   Location, type, size and height of all structures and fencing, screening and retaining walls where required under the provisions of applicable ordinances;
      (7)   All off-street parking and parking bays, loading spaces and walkways indicating type of surfacing, sizes of spaces and bays, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required in accordance with the county zoning ordinance;
      (8)   Number of floors, floor area, height, location and proposed general use of each building; the number, size and type of dwelling units for any multi-family residential building, town house, or patio house;
      (9)   All shoreline alteration, including dredging, filling and bulkheading; provisions for disposing of spoils, for preventing saltwater intrusion, for preserving the ecology of the area, and for preventing damage to the groundwater supply;
      (10)   Existing and proposed water and sanitary sewerage facilities indicating all pipe sizes, types, and grades and where connections are to be made to an existing or a proposed central water and sewerage system;
      (11)   Provision for the adequate disposition of stormwater in accordance with design criteria and construction standards of the Commonwealth and/or the county in effect at the time the site plan is submitted, including the locations, sizes, types and grades of ditches, catch basins and pipes, and connections to existing drainage systems;
      (12)   Provision and schedule for the adequate control of erosion and sedimentation indicating proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction in keeping with the requirements of the County Soil Erosion and Sediment Control Ordinance;
      (13)   Existing topography shown with a maximum of two-foot contour intervals at a scale of not less than 50 feet to the inch, or spot elevations if the gradient is less than 1%;
      (14)   Proposed finished grading shown with a maximum of two-foot contour intervals at a scale of not less than 50 feet to the inch, supplemented where necessary by spot elevations;
      (15)   All horizontal dimensions shown in feet and decimals of a foot to be closest to one hundredth of a foot; all bearings shown in degrees, minutes, and seconds to the nearest ten seconds;
      (16)   A landscape design plan;
      (17)   Provisions for firefighting services and facilities, including emergency services.
   (D)   Site plan processing.
      (1)   Any person submitting a site plan must submit written proof of notification of adjacent property owners. Notice sent by mail to the last known address of each owner as shown on the current real estate tax assessment books of Northampton County will be deemed adequate compliance with this requirement. The provision of notice is the responsibility of the owner or the developer. No site plan will be approved within ten days of any such notice. The notice must state: the type of use, the date of site plan submission, the specific location of the proposed development and the appropriate county office where the site plan may be viewed.
      (2)   The site plan and any portion thereof must be prepared by persons certified in the Commonwealth to do such work.
      (3)   The site plan must show the name and address of the owner or developer, magisterial district, county, state, north point, date and scale of drawing and number of sheets. In addition, it must reserve a blank space four inches by four inches in size on the plan face for the use of the approving authority.
      (4)   The site plan must be prepared to the scale of one inch equals 50 feet or larger; no sheet may exceed 42 inches in any dimension.
      (5)   The site plan may be prepared on one or more sheets. If prepared on more than one sheet, match lines must clearly indicate where the several sheets join.
      (6)   Nine clearly legible blue-line copies of a site plan must be filed with the county's agent (designated in division (F) below).
      (7)   Profiles must be submitted for all sanitary and storm sewers, streets and curbs adjacent thereto, and other utilities and must be submitted on standard profile sheets. Special studies as required may be submitted on standard cross-section paper and must have a scale of one inch equal to 50 feet horizontally and one inch equal to five feet vertically. No sheet size may exceed 42 inches in any dimension. Any required flood plain limit studies must be shown on all profile sheets with reference to properties affected and center lines of streams.
      (8)   In addition to the information required on site plans above, the following specific items must also be shown if applicable:
         (a)   Right-of-way line(s), center lines, departing lot lines, lot numbers, subdivision limits, limits of construction, and building locations;
         (b)   Center line curve data, including delta angle, radius, arc, chord, and tangent;
         (c)   Radius of all curb returns to face of curb and on streets where curb and gutter are not required indicate radius to edge of bituminous treatment;
         (d)   The edge of proposed street surface or the face of curb, as the case may be, for the full length of all streets;
         (e)   The width of all rights-of-way and easements, the width of surface or distance between curb faces, and relation to center line; the purpose of any utility easement or right-of-way and a statement whether it is to be publicly or privately maintained;
         (f)   When proposed streets intersect with or otherwise adjoin existing streets or travel ways, both edges of existing pavement surface or curb and gutter for a distance of 100 feet or the length of connection, whichever is greater;
         (g)   Existing and proposed drainage easements and the direction of drainage flow in streets, storm sewer, streams, and subdrainage areas;
         (h)    All water mains, sizes, valves, and fire hydrant locations;
         (i)    All sanitary or septic tank systems and storm sewers and appurtenances, with appurtenances identified by both type and number and the stations on the plan conforming to the stations shown on the profile; the top and invert elevation of each structure must also be indicated;
         (j)   The contributing drainage area in acres, along with all culvert pipes, curb inlets, and other entrances exclusive of driveway pipes;
         (k)    Flood plain limits, which must be established by current NFIP maps, soil survey, and/or engineering methods;
         (l)   The location of any springs either within the development or draining into street rights-of-way, along with all proposed methods of treatment;
         (m)    The location of all streams and or drainage ways related to the street construction and any proposed drainage ditches or stream relocation, including details of a typical drainage section and type of stabilization to be provided. Easements will not be considered part of the street right-of-way;
         (n)   Type or class of concrete or treated metal drainage pipe to be installed, and any paved roadside ditches as required;
         (o)   Location of "no through-street" signs where required on cul-de-sac streets or temporary cul-de-sac streets;
         (p)   The proper driveway entrance type, computed culvert size, and/or VDOT design designation;
         (q)   Provision for erosion control measures;
         (r)   Typical street sections to be used;
         (s)   Symmetrical transition of pavement at intersection with existing streets;
         (t)   Connection to proposed VDOT construction;
         (u)   A minimum of two datum references for elevations used on plans and profiles and correlated, where possible, to U.S. National Geodetic Survey datum;
         (v)   Any notes required to explain the intent and purposes of specific items on the plan or profile;
         (w)   All proffered conditions accepted as part of a rezoning of any part of the property.
   (E)   Minimum standards and required improvements.
      (1)   The developer is responsible for installing, at his/her cost, all improvements required under this section. For any cost-sharing or reimbursement agreement between the County of Northampton or its incorporated towns and the developer to apply, it must have been executed in writing prior to site plan approval and must be accepted by the Virginia Department of Transportation. The developer must follow any specifications that the Virginia Department of Transportation or this chapter has established for streets or related facilities and utilities. The developer's performance guarantee will not be released until construction has been inspected and accepted by the county and by any state or local governmental agency, such as VDOT, that is to have ultimate maintenance responsibility.
      (2)   Prior to approval of any site plan, the developer (which may be the owner) must execute an agreement to construct all required physical improvements located within public rights-of-way or easements or connected to any public facility. The agreement must be secured by a performance guarantee (i.e., certified check, performance bond with surety, or letter of credit) in a form and amount satisfactory to the agent, conditioned upon the construction of the improvements. The agent will determine the required amount of the performance guarantee after preparing or causing to be prepared a cost estimate of all improvements, based upon unit prices for new public or private sector construction in the county, and a reasonable allowance for estimated administrative costs, including inspection fees required, inflation, and potential damage to existing roads or utilities, which may not exceed 25% of the estimated construction costs.
      (3)   Condominium and common wall house projects of all types must indicate on the plat those areas reserved for rental purposes and those areas reserved for sale purposes. All common wall housing projects where programmed for sale purposes must submit a subdivision plat showing all lots as required by the Subdivision Ordinance.
      (4)   Where the Comprehensive Plan indicates a proposed right-of-way greater than that existing along the boundaries of the site, the additional right-of-way must be dedicated for public use as a condition the plan is approved. Where a site plan proposes development on a public street less than 50 feet wide, approval of the site plan is conditioned on the dedication of sufficient right-of-way so that the site's boundary is at least 25 feet from the center line of the street. All building setbacks must be measured from the dedicated right-of-way.
      (5)    All street and highway construction and geometric design must conform to the standards specified in the Subdivision Ordinance.
      (6)   Vehicular travel lanes or driveways designed to permit vehicular travel on the site and to and from adjacent property and parking areas must be at least 20 feet wide. On any site bordering a primary or arterial highway or adjacent to an existing service road in the state highway system, the developer, in lieu of providing travel lanes, parking areas and adjacent property, may dedicate land where necessary for such roads. In that event, the required setback will be no greater than the setback required without the dedication, except that in no instance may a building be constructed closer than 50 feet to the nearest right-of-way line. Upon satisfactory completion and inspection, and after application by the developer, the county will take the necessary steps to have such a service road accepted by VDOT for maintenance.
      (7)   Where a site plan calls for pipestem residential lots, the width of any pipestem must be at least 25 feet, and the length of the pipestem must be no more than 200 feet from the right-of-way line for the street to which the lot has access; however, the agent may approve a variation in the length if he/she determines that there is an unusual situation, such as topography that makes compliance with the requirements impractical, or that strict adherence to the general regulations would result in substantial injustice or hardship.
      (8)   Cul-de-sacs must be designed and constructed in accordance with the street standards specified in the Subdivision Ordinance and may not be construed or used as parking bays.
      (9)   Any parking bay must be constructed to the same construction standard as the appurtenant public street to which the parking bay abuts and must be of a dustless surface. Pervious surfaces must be used whenever possible.
      (10)   Where geometric design standards are modified from those required in the Subdivision Ordinance, as set forth above, the developer will be responsible for the placing of "No Parking" signs on all travel lanes, driveways or streets to prohibit parking.
      (11)   Adequate easements must be provided for drainage and all utilities. Any such easement must be at least 15 feet wide. Where multiple structures or pipes are installed or the edge of any easement does not follow the established lot lines, the nearest edge of the easement must be at least five feet from any building.
      (12)   Adequate drainage for the disposition of storm and natural waters both on-site and off-site must be provided. The extent and nature of both on- and off-site treatment are to be determined by the county's agent in conference with the developer.
      (13)   The developer must make adequate provision for all necessary temporary and permanent erosion and sedimentation control measures, both on- and off-site. The agent will establish the extent of the required and permissible control measures, based on recommendations by Eastern Shore Soil and Water Conservation District and approved by the Board of Supervisors.
      (14)   The developer must make adequate provision for all utilities, both onsite and offsite. Percolation tests and/or other methods of soil evaluation deemed necessary by the Health Department will be the responsibility of the developer. When a central water and/or sewerage system with sufficient capacity either exists or is proposed within a reasonable distance of the site, the developer must make provisions to connect to the system(s).
      (15)    All public facilities, utility and drainage easements outside the right-of-way of public streets or accessways must be shown on the final site plan. Utility installations in public streets and rights-of-way must be coordinated with street construction plans and profiles approved by the Virginia Department of Transportation's Residency Administrator for Northampton County.
      (16)   The developer must provide adequate fire hydrants and distribution systems in areas where central or public water systems are available.
      (17)   The developer must provide for sidewalks and pedestrian walkways that will enable patrons and/or tenants to walk safely and conveniently from one building to another and to adjacent sites. Where appropriate, the developer must provide for pedestrian walkways and equestrian ways in relation to private and public areas of recreation and open space, such as schools, parks, gardens and similar areas. Wherever possible, walkways and equestrian ways must connect to similar facilities in adjacent developments.
      (18)   The developer must provide landscape planting, screening, fences, walks, curbs, gutters and other physical improvements as required by county ordinances and VDOT regulations. The landscape planting area must meet the following, minimum requirements:
         (a)   At least 10% of the developed area covered by a site plan must be designated as green area, which is to be planted with grass, ground cover, trees, shrubs, or other landscaping. At least one-half of the landscaped area must be between the street right-of-way or curb line and the building line;
         (b)   Existing trees within the green area must be left standing whenever practicable; if there are insufficient existing trees, the developer must plant new trees, so that there is at least one tree for every 400 square feet of green area. The trees must have a minimum trunk diameter of two inches measured 12 inches above the ground line. Planting of new trees will be deemed successful when, based on the agent's determination, 90% have survived at least one year after the completion of planting.
         (c)   Trees and plants that are native to the county or are, in the judgment of the Zoning Administrator, compatible with native vegetation, are generally acceptable.
      (19)   One set of approved plans, profiles and specifications must be at the site at all times when work is being performed.
      (20)   When, during construction, any changes are made to improvements as shown on the approved site plan, the developer must submit to the agent two copies of the completed as-built site plan or building location plat certified by a registered engineer, architect, surveyor, or certified landscape architect. The "as-built site plan" must be submitted at least one week prior to the anticipated occupancy of any building. The agent will review the plan for conformity with the approved site plan and with the ordinances and regulations of the county and state agencies.
      (21)   Neither the approval of a site plan nor the construction or installation of improvements required in this chapter will obligate the county to accept improvements for maintenance, repair or operation. Acceptance will be subject to county and/or state regulations, where applicable, concerning the acceptance of each type of improvement.
      (22)   Best Management Practices (BMPs) shall be designed such that the lowest outfall invert elevations shall be at or near the seasonal high water table so as to minimize the non-beneficial withdrawal of ground water while still meeting all other applicable design specifications, e.g., water balance, and not adversely impacting upstream conveyance systems.
   (F)   Administration and procedures for processing site plans.
      (1)   The agent appointed by the Board of Supervisors (the agent) is delegated the authority and power to administer this section.
      (2)   The Director of Planning and Zoning or his/her designated agent, is designated as the agent to review site plans for the county.
      (3)   The agent is responsible for the receipt, review, processing, and approval of site plans.
      (4)   The agent may request opinions and/or decisions from other departments, divisions, agencies or authorities of the county government, officials, departments, or agencies of the Commonwealth, or from other persons as may from time to time be retained.
      (5)   The agent may, from time to time, establish reasonable administrative procedures necessary for the proper administration of this section.
      (6)   Any person aggrieved by any decision of the agent under this section may appeal that decision to the Board of Zoning Appeals as set forth in § 154.2.229.
      (7)   The processing of site plans is governed, to the extent applicable, by VA Code §§ 15.2-2258 to 15.2-2261. Approval, modification and approval, or disapproval of a site plan by the agent should generally occur within 90 days of official submission, in the office of the agent, of a complete site plan application. A site plan application is not complete, and is not officially submitted, unless it contains all of the required information in the proper form described in this section and is accompanied by the required fee in accordance with the fee schedule duly adopted by the Board and on file in the Department of Planning and Zoning. The agent will inform a developer if a site plan application is incomplete.
      (8)   No public easement, right-of-way or public dedication shown on any site plan will be accepted for dedication for public use until the Board of Supervisors has approved the proposed dedication and evidence of such approval is shown on the instrument to be recorded.
      (9)   Except as otherwise provided in state law, approval of a site plan pursuant to this chapter will expire five years after the date of approval unless building permits have been obtained and have not expired. Before a site plan expires, the agent may grant an extension up to five years upon written request by the developer; however, the owner or developer must also extend all pertinent agreements and performance guarantees must also be extended.
      (10)   No administrative officer or agent of the county may issue a permit for the construction of any building or improvement requiring a site plan or in any area covered by a site plan except in conformity with the provisions of this chapter and after approval of a site plan.
      (11)   County agencies responsible for the supervision and enforcement of this chapter will periodically inspect the site during the period of construction.
      (12)   The agent must certify to the Building Official that the project complies with all applicable provisions of this chapter. That certification, upon ratification by the Board of Supervisors, will release any performance guarantee which may have been furnished.
      (13)   No change, revision, or erasure is permitted on any pending final site plan or on any accompanying data sheet where approval has been endorsed on the plat or sheets unless the agent has authorized such changes in writing.
      (14)   Any approved site plan may be revised; request for revision must be filed and processed in the same manner as the original site plan. Revisions must comply with chapter provisions applicable at the time the revision is reviewed.
      (15)   The Board of Supervisors, by resolution, may establish from time to time a schedule of fees for the review of site plans.
(Ord. passed 4-12-2016; Am. Ord. passed 2-13-2024)