The purpose of this article is to encourage innovative and creative design and facilitate use of the most advantageous construction techniques for development of land in the county. It is further the intention of this article to ensure efficient use of land to promote high standards in the layout, design, landscaping, and preservation of open space, and construction of development.

(Ord. No. 094-29, § 28-1401, 8-9-94)

No development shall occur within the County of Stafford unless in accordance with the provisions of this article.

(Ord. No. 094-29, § 28-1402, 8-9-94)

When a site plan involves engineering, architecture, urban/land use planning or design, landscape architecture, or surveying, such work shall be performed by persons qualified and authorized to perform such professional work, in accordance with applicable provisions of the Code of Virginia.

(Ord. No. 094-29, § 28-1403, 8-9-94)

(a)

The county administrator or his designee is hereby appointed as the agent representing the board of supervisors for administration of this article as provided for in the Code of Virginia.

(b)

In addition to the provisions contained in this article, the county administrator, subject to the approval of the board of supervisors may from time to time establish reasonable administrative procedures not inconsistent with the provisions of this article. Requirements so established shall govern the administration of this article.

(c)

Any person aggrieved of any decision of any administrative official whose decision is required pursuant to this article may, within thirty (30) days of such decision, appeal and have determination made by the board of zoning appeals pursuant to provisions of Article XIX.

(Ord. No. 094-29, § 28-1404, 8-9-94)

(a)

A minor site plan is required and shall be submitted for all minor developments as defined in section 28-25 unless waived under the provisions of subsection (c) herein.

(b)

A major site plan is required and shall be submitted for all major developments as defined in section 28-25.

(c)

The submission of a minor site plan may be waived by the agent for developments in which land disturbance is less than two thousand five hundred (2,500) square feet. The request shall be in writing to the agent describing the justification for the waiver.

(d)

A minor grading plan may be required for the purpose of;

(1)

Clearing more than two thousand five hundred (2,500) square feet but less than twenty-one thousand seven hundred eighty (21,780) square feet (one-half acre) that does not involve any structures or buildings;

(2)

Adding fill with no structures or buildings;

(3)

Stockpiling;

(4)

Drainage project; or

(5)

Other projects approved by the erosion and sediment/stormwater management administrator.

(e)

A major grading plan may be required for the purpose of clearing, grading or stockpiling an area twenty-one thousand seven hundred eighty (21,780) square feet (one-half acre) or more that does not involve any structures, buildings or public facilities.

(f)

An infrastructure plan may be required for the approval of pump stations and linear projects such as, but not limited to roads, sidewalks, trails and stormwater management facilities.

(Ord. No. 094-29, § 28-1405, 8-9-94; Ord. No. 096-11, 3-19-96; Ord. No. O09-12, 3-3-09; Ord. No. O10-48, 11-30-10)

There shall be a fee charged for the examination and approval or disapproval of minor site plans and major final site development plans. This fee shall be established by the board of supervisors and shall be paid at the time of submission of the site plan.

(Ord. No. 094-29, § 28-1406, 8-9-94; Ord. No. O10-48, 11-30-10)

When a minor site plan is required, it shall be to the size and specifications required by the department of planning and zoning. The scale of the plan, the name of the individual who prepared the plan, and north direction indicator shall be shown. Additionally, at a minimum, the plan shall provide the following information, when applicable:

(1)

The boundaries of the subject property and building setback lines;

(2)

The location and dimensions of all existing and proposed structures;

(3)

The location of all required parking and loading spaces, including handicapped facilities and access;

(4)

Existing and proposed ingress/egress to and from the site;

(5)

The location and dimensions of all required bufferyards and landscaped areas;

(6)

The location and identification of all plantings to meet applicable landscaping requirements;

(7)

The zoning designation for the site, including any proffers or conditions applicable to the development or use of the site, and the zoning designation of all abutting properties; and

(8)

Any other information which the agent or his designee may deem necessary in order to fully evaluate the application.

(Ord. No. 094-29, § 28-1407, 8-9-94; Ord. No. O18-19, 6-19-18)

(a)

Every major site development plan shall show the name of the development, the name and address of the owner or developer, magisterial district, county, state, north direction indicator, date and scale of drawing, and number of sheets. In addition, a blank space no less than four inches square on the plan face for the use of the approving authority shall be reserved.

(b)

Major site development plans shall be prepared to the scale of no less than one inch equals fifty (50) feet or larger. Plan sheets shall be drawn in a size and scale or in standard format for electronic plan submission as required by the department of planning and zoning.

(c)

A site development plan may be prepared on one or more sheets to show clearly the information required by this section and to facilitate the review and approval of the plan. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets match.

(d)

When more than one sheet is required to cover the entire project, a common sheet general in nature, shall be provided, which shall show all of the individual sheets of an application in proper relationship to each other.

(e)

At least ten (10) clearly legible blue or black line copies of a site development plan, plus one vellum or sepia transparency, shall be submitted to the agent for the county. The number of plan copies submitted via paper or electronic media format shall comply with the standards established by the department of planning and zoning.

(f)

Profiles shall be submitted on standard plan profile sheets. Special studies, as required, may be submitted on standard cross section paper and shall be an approximate scale. No sheet size shall exceed forty-two (42) inches. Floodplain limit studies required by this chapter shall be shown on all profile sheets, with reference to properties affected and the centerline of the stream.

(g)

All horizontal dimensions shown on the site development plan shall be in feet and decimals of a foot to be closest to one-tenth of a foot; and all bearings in degrees, minutes and seconds to the nearest ten (10) seconds, minimum accuracy.

(h)

Traffic impact analysis as outlined in 24 VAC 30-155 shall be submitted when any major site development plan generates vehicle trips per day that meet the VDOT requirements for TIAs under 24 VAC 30-155, as certified by a civil engineer. An addendum or supplementary TIA shall be submitted when required by VDOT regulations.

(Ord. No. 094-29, § 28-1408, 8-9-94; Ord. No. O10-20, 3-16-10; Ord. No. O18-19, 6-19-18)

State Law reference— Similar provisions, Code of Virginia Section 15.2-2222.1(C).

(a)

[Required.] Final site development plans are required for all major development.

(b)

Final site development plans. A final site development plan shall contain the following information:

(1)

The location and total acreage of the various types of land use.

(2)

The location of the tract or parcel by means of an insert map at a scale of not less than one inch equals two thousand (2,000) feet, plus such information as names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, magisterial districts and other land marks sufficient to properly identify the location of the property.

(3)

A topographic map compiled by either accepted field or photogrammetric methods with a contour interval not greater than five (5) feet.

(4)

A boundary survey accurate to one foot in two thousand five hundred (2,500) feet relative to a specified meridian.

(5)

The locations, names and dimensions of proposed streets, alleys, easements and required building setbacks.

(6)

The limits of floodplains and critical resource protection areas, which shall be established by current soils surveys or engineering methods as may be established or required by the agent or his designee.

(7)

The location of all existing roads, easements and utility lines, as well as streams and drainage ways.

(8)

The zoning designation for the site, including any statement of proffers or conditions applicable to the development or use of the site, including a description of their implementation, and the zoning designation for all abutting properties.

(9)

North indication arrow.

(10)

Any other information which the agent or his designee shall deem necessary in order to fully evaluate the application.

(11)

A certificate signed by the engineer or surveyor setting forth the source and title of the owner of the subject property and the place of record of the last instrument in the chain of title.

(12)

A signature panel with spaces identified for the signature of the agent, appropriate officials of the Virginia Department of Transportation, fire marshal, and department of utilities or health department.

(13)

The names of owners and present use of adjoining properties.

(14)

Location of all required building setback lines.

(15)

Location, type and size of vehicular ingress and egress for the site, including fire lanes.

(16)

Location, type, size and height of all buffering, landscaping, fencing, screening and retaining walls, where required under the provisions of this chapter.

(17)

Existing topography, with a maximum of two-foot intervals, and the proposed finished grading by contour.

(18)

Provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction. These shall be reviewed under the procedures established in the county erosion and sediment control ordinance.

(19)

All off-street parking spaces, parking bays, and loading spaces provided and the number required, and all handicap facilities and access.

(20)

The location, width, size and intended purpose purposes of all easements and rights-of-way and whether they are to be publicly or privately maintained.

(21)

The following data relative to existing and proposed streets: Location, width, names, curve data, grades and sight distances at intersections with other streets and drives.

(22)

Provision for the natural disposition and natural and storm water on- and off-site, in accordance with the current design criteria and construction standards for the commonwealth and the county, including, but not limited to, the calculation of the contributing drainage area in acres and the location, size, type and grade of ditches, catch basins, inlets, pipes and other drainage structures.

(23)

All existing and proposed sanitary sewer facilities, indicating all pipe sizes, types, grades, invert elevations, location of manholes, and such other data as may be deemed necessary by the director of planning.

(24)

All existing and proposed water facilities, including all water mains, their sizes, valves and hydrant locations.

(25)

The location of any proposed refuse removal pads. Such pads shall be located outside of public rights-of-way.

(26)

The total acreage of the tract and the acreage proposed for each type of use, along with the proposed general use for each building and, if a multifamily residential building, the number of dwelling units shall also be shown.

(27)

Location and size of all recreation and open space areas.

(28)

Address of each building to be constructed, to include appropriate apartment or suite number in accordance with section 28-148.

(29)

A copy of the applicable zoning ordinance for the property shall be affixed to the plan. A narrative of how the proffers will be implemented with the phasing of construction shall be provided on the plan sheets. The location of any recreation and other amenities shall be shown on the plan with a narrative of the components and timing of construction.

(Ord. No. 094-29, § 28-1409, 8-9-94; Ord. No. 096-21, 5-7-96; Ord. No. 098-18, 3-17-98; Ord. No. O10-48, 11-30-10)

(a)

Any person or developer who submits a site development plan for approval under the provisions set forth in this article shall submit written proof of notification to all property owners whom shall own property adjoining such property. Notice sent by registered or certified mail to the last known address of any such owner, as shown on the current real estate tax assessment books of the county, shall be deemed adequate compliance with this requirement. This provision of notice shall be the responsibility of the owner or developer, who shall mail receipts to the county at the time plans are submitted. No site development plan shall be approved within five (5) days of any such notice.

(b)

The notification required by this section shall read as follows:

"This is to notify you that a site development plan has been submitted for approval to the Director of Planning and Community Development, County of Stafford, Stafford County Administration Center, 1300 Courthouse Road, Stafford, VA 22554 (540) 658-8668. The site plan may be reviewed at the above office."

(c)

The agent shall promptly notify the board of supervisors of all site plan applications.

(Ord. No. 094-29, § 28-1410, 8-9-94; Ord. No. O06-66, 9-19-06)

(a)

The agent or his designee shall review the development plan application for conformance with this chapter, the comprehensive plan, the zoning ordinance, and other applicable federal, state and county laws, regulations and policies.

(b)

All plans, including profiles and specifications, shall be distributed to the appropriate county office, department and/or state agency for review, comment and recommendation. All such comments and recommendations shall be coordinated at the meeting of the technical review committee at the request of the agent, applicant, board of supervisors district representative, or planning commission district representative.

(c)

In the performance of his duties with respect to site development plans, the agent or his designee may request opinions and/or decisions, either verbal or written, from other departments, divisions, agencies or authorities of the county government, from officials, departments or agencies of the commonwealth and from other qualified persons as may, from time to time, be retained.

(d)

The agent or his designee shall submit site development plans to the Virginia Department of Health for its review and recommendation relative to proposed septic systems and water supply systems, including grading and drainage considerations related to these systems. No final site development plan shall be approved, where individual water supply and/or septic tank systems are proposed, until written approval has been secured from the director of the Virginia Department of Health. The said director, or his agent, shall determine the suitability of the soil and topography for septic tank systems with subsurface disposal and shall not approve such site development plan, when satisfactory service is not reasonably anticipated.

(e)

The review of a site development plan shall ensure that adequate erosion and sedimentation control measures, as required and approved under the provisions of the county soil erosion and sedimentation control ordinance, are provided.

(f)

A site development plan shall be reviewed for general conformance with the recommended site plan preparation procedures and open space requirements serving the general area of the site development plan.

(g)

The applicant shall be notified of the recommendations and decision of the agent or his designee. Such notification shall be provided within sixty (60) days of receipt of all final documents in the department of planning and zoning, unless abnormal or unusual circumstances exist, in which case the agent may extend the time. Notification for all subsequent reviews shall occur within forty-five (45) days of receipt of the resubmittal. Notification shall be provided by any of the following means: formal letter; electronic mail; or legible markings and notes on the developer's site development plan showing the agent's or designee's recommendations and decision.

(Ord. No. 094-29, § 28-1411, 8-9-94; Ord. No. O09-34, 10-6-09; Ord. No. O20-13, 6-2-20; Ord. No. O20-28, 11-17-20)

(a)

Any plan of development application filed within the department of planning and zoning shall be approved or disapproved within eighteen (18) months of the filing of the application on forms required by the department with all appropriate fees paid. If the finding is for disapproval, the application shall be closed no later than eighteen (18) months after the application is filed with the department on forms required by the department with all appropriate fees.

(b)

Approval of the plan of development and issuance of a land disturbing (grading) permit by the agent constitutes authorization to proceed with construction of improvements within the area proposed, once a pre-construction meeting with the department of public works has concluded.

(c)

Any application that does not meet any requirement of the zoning ordinance shall be deemed disapproved.

(d)

Approval by the agent of any plan of development submitted under the provisions of this article shall expire five (5) years from the date of such approval by the agent unless the permit to commence construction of such plan has been issued.

(Ord. No. 094-29, § 28-1412, 8-9-94; Ord. No. 000-83, 11-16-00; Ord. No. O09-12, 3-3-09; Ord. No. O20-13, 6-2-20; Ord. No. O20-28, 11-17-20)

No permit shall be issued by any administrative offices or agent of the county for construction of any building or improvement requiring a permit in any area covered by a site development plan, except in conformity to the provisions of this article and the duly approved site development plan.

(Ord. No. 094-29, § 28-1413, 8-9-94)

(a)

No change, revision or erasure shall be made on any pending or final site development plan nor on any accompanying data sheets where approval has been endorsed on the plan or sheets, unless authorization for such changes is granted in writing by the agent.

(b)

Any site development plan may be revised and such revision shall be accomplished in the same manner as originally approved.

(c)

Minor changes to approved major site development plans. Any major site development plan may be revised but such minor revision shall be accomplished in the same manner as originally approved and subject to the following requirements:

(1)

Changes do not materially affect site layout;

(2)

Changes do not affect intensity, use, or functionality of the site; and

(3)

Correct nonengineering errors.

(Ord. No. 094-29, § 28-1414, 8-9-94; Ord. No. O10-31, 8-17-10)

No construction or site improvement shall be initiated until the final site plan has been approved, except for grading under an approved grading plan.

(Ord. No. 094-29, § 28-1415, 8-9-94)

(a)

All improvements required to be installed by this article shall be installed at the cost of the developer in accordance with design and construction standards of the county. In cases where specifications have been established either by the board of supervisors or by the Virginia Department of Transportation (VDOT) for construction of streets, etc., or by this article for related facilities and utilities, such specifications shall be followed. The most restrictive specifications shall prevail. The developer's performance bond as discussed below shall not be released until construction has been inspected and accepted by an appropriate engineer or agent for the county and by VDOT, where appropriate.

(b)

Prior to the approval and issuance of any land disturbing (grading) permit, there shall be executed by the owner or developer a performance agreement to construct, as required, physical improvements that are located within public rights-of-way or easements or as are connected to any public facility in form and substance as approved by the county, together with a security in the amount of the county approved estimated cost, dated within twelve (12) months of posting the security, of the required improvements, as determined by the agent for the county. The performance agreement shall be in accordance with the Stafford County Security Policy adopted by the board of supervisors, 1984, and as amended.

(c)

In addition to improvements and standards specified in other sections of this article, the following minimum standards and improvements shall also be required:

(1)

Development within planned right-of-way areas shall be in accordance with applicable subdivision and zoning ordinance requirements, including but not limited to subsection 28-38(f).

(2)

All street and highway construction standards and geometric design standards shall be in accord with those established in the subdivision ordinance of the county.

(3)

Private vehicular travel lanes or driveways designed to permit vehicular travel on the site to and from adjacent property and parking areas shall be constructed not less than twenty (20) feet in width, except within parking areas, where it shall be at least eighteen (18) feet. Interparcel access shall be provided to adjacent properties where practical. Drive-through window lanes and stacking lanes shall conform with subsection 28-102(8). An exception to these minimum specifications shall be granted by the agent to the board of supervisors upon written request by the applicant and upon consultation with the fire marshal and the department of public works and a finding that granting such exception would not adversely affect public safety and that there is no other reasonable alternative for maintaining access on or to the property. The agent shall provide a written response to the applicant stating approval or denial of the waiver. Any appeal of the agent's decision regarding such an exception shall be made on the appropriate forms provided by the county to the board of supervisors. Such written appeal shall be made within sixty (60) days of the agent's decision. On any site bordering a state, primary, arterial, or interstate highway, or adjacent to an existing service road in the state highway system, the developer in lieu of providing travelways or driveways that provide vehicular travel lanes to and from adjacent property, may dedicate, where necessary, and construct a service road under county and state standards for such roads. In such event, the setback requirements shall be no greater if the service road is dedicated to the required setback, except in no instance shall a building be constructed closer than twenty (20) feet from the nearest right-of-way line.

(4)

Culs-de-sac are to be designed in accordance with the standards specified in the subdivision ordinance of the county.

(5)

Interior travel lanes, driveways and parking bays are to be constructed in accordance with county standards and are to be congruous with the public street to which the travel lanes, driveways and parking bays are connected. Every parking bay shall be so constructed that no vehicle, when parked, will overhang property lines or travel lanes. At a minimum, all surfaces shall be to VDOT standards, excluding low impact development sites in accordance with provisions of chapter 21.5 of this Code; provided, however, that churches, clubs, fraternal organizations and other similar uses which have infrequent demands on parking areas may, upon presentation of written justification, be granted relief from part or all of the paving requirements by the agent to the board of supervisors, and this relief may be requested concurrent with the site plan review, provided, the organization seeking the relief from part or all of the paving requirements is the current owner of the property that includes the parking lot. The agent shall provide a written response to the applicant stating approval or denial of the waiver. Any appeal of the agent's decision regarding such relief shall be made to the board of supervisors. Such written appeal shall be made within sixty (60) days of the agent's decision. At a minimum, however, parking and driving areas for the aforesaid uses shall be surfaced in crushed stone in an amount sufficient to prevent soil erosion, abate dust and provide an adequate driving surface. Contractor's equipment and vehicle storage areas, rural home businesses, landscaping businesses, plant nurseries, parking areas in floodplains and CRPAs and properties within HI districts, shall be exempt from paving requirements. To retain historical integrity of cultural resources in HI districts, road surface treatment may be grass pavers, or another type of permeable surface treatment, in addition to crushed stone.

(6)

Adequate easements shall be provided for drainage and all utilities on any parcel or tract in accordance with county standards. Where multiple structures or pipes are installed, the edge of the easement shall be at least five (5) feet clear of the outside pipes. Where easements do not follow the established lot lines, the nearest edge of any easement shall be a minimum of five (5) feet from any building.

(7)

The developer shall provide for all utilities and services required, to include both on-site and off-site improvements. The determination of exact improvements required, i.e., size of lines and capacities, is to be established by the developer in conference with the director acting on the advice of appropriate officials, authorities, departments, and/or consultants having expertise on the subject. Tests or other methods of soil evaluation deemed necessary by the county health department, wherever required, shall be the responsibility of the developer. When central water and/or sewer systems having sufficient capacity either exist or are proposed within a reasonable distance of the area of the site development plan, provisions shall be made to connect to the system.

(8)

Adequate fire hydrants, with assurance of adequate water supply and distribution systems, will be provided by the developer, unless county policy, approved programs and the conditions then present warrant otherwise. Fire hydrants will be provided in the total area to be planned, and in such locations as are approved by the board of supervisors or its designated agent.

(9)

Landscaping plantings, screening, fences, walks, curbs, gutters and other physical improvements shall be installed, where appropriate, along all affected street frontage and shall be designed to be congruent with physical improvements on adjacent properties, as required by this article, or other ordinances of the county and the regulations of VDOT, where appropriate, will be provided by the developer.

(10)

No uses requiring a site plan as listed in section 28-245 of this article shall be located within a minimum distance of any sewerage treatment facility less than that specified by Commonwealth of Virginia Department of Health requirements.

(11)

For any new construction or addition requiring a major site plan, the developer shall provide lighting in accordance with section 28-87 of this chapter to adequate light the parking areas, as well as illuminate the entrance onto public streets and any walkways bordering the parking areas. Installation and operating costs of such lighting shall be the responsibility of the developer/owner. Such lighting shall be located, screened or shielded so that adjacent residential uses are not directly illuminated. The location of the required lights and related information shall be shown on the site plan.

(d)

It shall be the responsibility of the developer to provide adequate supervision and inspections on the site during the installation of all required improvements and to have a responsible superintendent or foreman, together with one set of approved plans, profiles and specifications, at the site at all times when work is being performed.

(Ord. No. 094-29, § 28-1416, 8-9-94; Ord. No. 094-40, 9-13-94; Ord. No. 094-53, 12-6-94; Ord. No. 095-12, 3-7-95; Ord. No. 099-52, 9-21-99; Ord. No. 003-26, 6-17-03; Ord. No. O08-02, 3-18-08; Ord. No. O09-12, 3-3-09; Ord. No. O10-47, 11-30-10; Ord. No. O16-29, 11-22-16; Ord. No. O21-26, 8-17-21)

Upon the satisfactory completion of the installation of all required improvements shown on the approved major site development plan, the developer shall submit to the agent four (4) copies of the completed as-built site plan. Such plan shall be submitted one week prior to the anticipated occupancy of any building for the review and approval by the agent for conformity with the approved site plan and the ordinances and regulations of the county and state agencies.

(Ord. No. 094-29, § 28-1417, 8-9-94)

Upon satisfactory completion of the required improvements, and the submission of an as-built site plan, the agent shall furnish a certificate of approval to the developer covering all required improvements on the site. Such certificate of approval will authorize the release of bonds which shall have been furnished for the guarantee of satisfactory installation of such improvements or parts thereof.

(Ord. No. 094-29, § 28-1418, 8-9-94)

The approval of the site development plan or the installation of the improvements as required in this article shall in no case serve to bind the county to accept such improvements for maintenance, repair and operation thereof. Such acceptance shall be subject to the county and/or state regulations, where applicable, concerning the acceptance of each type of improvement.

(Ord. No. 094-29, § 28-1419, 8-9-94)