The Town Manager shall be responsible for coordination of the development review and decision-making process. His responsibilities include:

a.

Administering and enforcing all provisions of this Ordinance, including serving as Subdivision Agent and Zoning Administrator.

b.

Maintaining an accurate record of all amendments to the text and maps of this Ordinance.

c.

Receiving all applications submitted to the Town of Warsaw for development permits.

d.

Reviewing every application for completeness and compliance with the provisions of this Ordinance.

e.

Determining which decision-making procedure (DMP) is specified by this Ordinance as the appropriate decision-making process, and facilitating the processing of every application.

f.

Determining which local, state, and federal agencies may be able to provide relevant information thereby ensuring a thorough and complete review of every application and advising those agencies which may want knowledge of an issued permit.

g.

Providing staff support to and enforcing all decisions made by the Warsaw Town Council, Board of Zoning Appeals, and the Planning Commission.

h.

Notifying the applicant by written notice of an approval, approval with conditions, or denial within ten (10) days of final action.

i.

Conducting inspections of buildings and other structures, and uses of land to determine compliance with the provisions of this Ordinance.

j.

Performing such other duties and functions as are required by the provisions of this Ordinance.

Four different types of decision-making paths (DMPs) are necessary in order to administer the provisions of this Ordinance. These four DMPs are explained below and depicted in Exhibits 1, 2, and 3.

a.

Administrative Approval - DMP-a[.]

This decision-making path relates to all development approvals which are issued administratively by staff and do not require approval by the Town Council, the Board of Zoning Appeals, or any other board or commission appointed by Town Council. An application under DMP-a will be processed without a public hearing or notification of adjacent property owners. Staff may solicit input from other agencies, departments, boards, commissions and citizens, as well as Richmond County, as deemed necessary.

Although it is the intent of the Town to review applications with as little delay as possible, some applications may require referral to other agencies. For example, applications requiring review and approval in accordance with the erosion and sediment control provisions and/or the Chesapeake Bay Preservation provisions of this Ordinance are referred to the Richmond County Land Use Administrator for review.

The Town Manager also reserves the right to either solicit the input of Town Council on any DMP-a application or to process any application in accordance with DMP-c rather than DMP-a. However, a decision shall always be rendered within sixty (60) days of the date a complete application is submitted. A decision of the Town Manager may be appealed in accordance with the appeal provisions of Section 2-4-1.

b.

Town Council Approval After A Public Hearing - DMP-b[.]

This decision-making path relates to all development approvals granted by Town Council after the conduct of a public hearing. This DMP will involve the solicitation of comments and recommendations from staff, local boards and commissions and other governmental entities before a final decision is made. Public hearings shall be held after public notice is provided in accordance with the public notice provisions of Section 2-3.

The Town Manager shall forward a complete application to the Planning Commission which shall hold at least one (1) public hearing in accordance with the public notice requirements of Section 2-3. Following the hearing, the Planning Commission shall prepare and by motion present its recommendation, which may include recommended changes to the original application proposal, and transmit such recommendations, together with any explanatory materials, to the Town Council. The Planning Commission's recommendation shall state the public purposes upon which its recommendation is premises. Failure of the Planning Commission to submit a recommendation to the Town Council within ninety (90) days of the first meeting of the Commission after the application had been referred to it shall be deemed as a recommendation for approval, unless the application is withdrawn by the applicant prior to the expiration of such time period. Town Council will conduct a public hearing advertised in accordance with the public notice provisions specified in Section 2-3. At the option of Town Council, a joint public hearing may be held with the Planning Commission to consider an application. Approval or denial by Town Council shall occur within forty-five (45) days after receipt of all state approvals or ninety (90) days after submission of a complete application to it with recommendation from the Planning Commission, whichever is greater. A decision by the Council may be appealed in accordance with appeal and provisions of Section 2-4-2. The applicant may relieve the Planning Commission and Town Council of rendering a decision within the time periods provided if done so in writing prior to the expiration of the time period.

c.

Town Council's Approval, Public Hearing Not Required - DMP-c[.]

This decision-making path relates to all development approvals granted by the Town Council which do not require a public hearing. DMP-c may involve the solicitation of comments and recommendations from staff, local boards and commissions, and other governmental an entities before a final decision is made. Appeals may be made in accordance with the appeal provisions of Section 2-4-2.

d.

Board of Zoning Appeals' Approval - DMP-d[.]

This decision-making path relates to all zoning appeals and requests granted by the Board of Zoning Appeals (BZA). DMP-d involves the conduct of a public hearing after public notice has been provided in accordance with the public notice provisions of Section 2-3. Solicitation of comments and recommendations from the Planning Commission are mandatory before a decision is rendered. Comments and recommendations may also be solicited from staff, local boards and commissions, and other governmental entities before a final decision is made. Appeals may be made in accordance with the appeal provisions of Section 2-4-2.

EXHIBIT 1
PLAN OF DEVELOPMENT APPROVAL PROCEDURE

EXHIBIT 2
DECISION-MAKING PATHS (DMP DETAILS)

EXHIBIT 3
DECISION-MAKING MATRIX

The administration of this Ordinance focuses upon a plan of development submission and review process which provides for the review of development proposals requiring subdivision and/or site plan submissions.

For purposes of this Ordinance, the following activities shall be considered to be developments which shall adhere to the requirements of this section:

a.

Land disturbing activity - Any land disturbing activity which would disturb an area 2,500 square feet or greater in size.

b.

Subdivision - The division of land into two or more lots.

c.

Change in use - A material change in the type of use of a structure or land, whether temporary or permanent, which would tangibly affect the site's natural environment, parking requirements, transportation patterns, public health, community character or economic values.

d.

Construction, reconstruction or alteration - A building operation involving construction, reconstruction or alteration of the size of a structure which would result in a tangible effect on the site's natural environment, parking requirements, transportation patterns, public health, community character or economic values.

e.

Increase in land use intensity - A material increase in the intensity of land use, such as an increase in the number or size of businesses, manufacturing establishments, offices or dwelling units in a structure or on land, when such increase would tangibly affect the site's natural environment, parking requirements, transportation patterns, public health, community character or economic values.

f.

Mining, filling or dredging - Commencement of any mining, filling or dredging operation on a parcel of land.

g.

Change in effects of conditions - In connection with the use of land, the making of any material change in noise levels, vibration levels, lighting intensity, thermal conditions, odors or emissions of waste material.

h.

Alteration of a floodplain - Material alteration of a floodplain, or any area within the Resource Protection Area (RPA).

i.

Reestablishment of an abandoned use - Reestablishment of a use on land (excluding forestry and farming activities) or in a structure which has been abandoned for one year or more and which use, site and structure do not conform to this Ordinance.

The following activities shall not be considered development requiring the submission of a plan of development to the Town Manager for review unless the activity is not permitted or is restricted in any zoning district. When requested by an applicant in writing, the Town Manager will reply in writing formally confirming the exempt status of the proposal.

a.

Minor land disturbing activities - Minor land disturbing activities such as home gardens and individual landscaping, repairs and maintenance work.

b.

Service connections - Individual service connections.

c.

Underground utilities - Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street or sidewalk, provided the land-disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced.

d.

Agricultural activities - Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, including agricultural engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.

e.

Transfer of title - A transfer of title to land not involving the division of land into parcels.

f.

Leases and easements - The creation or termination of leases and easements concerning development of land, or other rights, except that no easement required by this Ordinance or made a condition of plan of development approval may be terminated without the approval of the Town Council.

g.

Legal exhibits and documents - The recording of any documents or plats/plans expressly for the purposes of reference or attachment to a publicly recorded document when such recording does not result in subdivision of land into parcels. Such recording may include, but is not limited to, documents such as master deeds or covenants, or plats/plans for mortgage or HUD filing purposes.

h.

Combination or recommendation of lots - The combination or recombination of portions of previously platted lots where the total number of lots is not increased, no new streets are created, and the resultant lots do not in any way result in a newly created or diminished state of compliance with the requirements of this Ordinance.

i.

Family subdivision - Sale or gift of a single division of a lot or parcel to each member of the immediate family of the property owner which shall not be for the purpose of circumventing this Ordinance; the division shall be subject to the minimum lot area, dimensional and environmental requirements of this Ordinance; it shall not result in the creation of new streets, shall be surveyed and then recorded in the Richmond County Courthouse. For the purpose of this section, a member of the immediate family is defined as any person who is a natural or legally defined offspring, including spouse, parent, grandparent or grandchild of the owner.

j.

Exchange - The sale or exchange of parcels between adjoining property owners where such sale or exchange does not create additional building sites, streets, or a lot or parcel which does not meet the minimum area and dimensional requirements of this Ordinance.

k.

Well lots - The division of a tract of land in order that one or more of the resulting parcels may be used as part of a well lot, or other public or private right-of-way other than a street, provided no additional building lots or streets are created.

l.

Court ordered partitions - The partition of lands by court order.

m.

House surround lots - Where a viable dwelling unit exists on a large tract of property, a lot may be created to include the dwelling unit provided the density of the resultant parcels shall not be greater than that permitted within the zoning district. Such a lot must meet the area, dimensional and environmental requirements of this Ordinance. An existing legal right-of-way will be sufficient to provide access to the lot as long as the lot created is precluded from future subdivision by deed restrictions and no new streets are created.

n.

Agricultural subdivisions - Divisions of large tracts of property where the resultant parcels shall be used for bone fide agricultural, forestall or other undisturbed open space provided such parcels are served by no newly created streets, but instead are served by a private right-of-way with a minimum width of fifty (50) feet. The plats and deeds for such parcels shall show that the parcels are not for residential or any other use except for those uses stated above.

o.

Maintenance, renewal, improvement or alteration - Work for the maintenance, renewal, improvement or alteration of any structure which involves no material change of use and is confined to the interior in its entirety or the exterior facade, excluding signs, and which further does not violate any provision of this ordinance.

p.

Incidental dwelling uses - The use of any structure or land devoted to single family dwelling uses for any purpose customarily associated with the enjoyment of such dwelling.

q.

Home occupations within - Home occupations confined entirely within a residential structure and clearly as a secondary use, with no advertising of the home occupation allowed on the site or on the structure, and no disruption to the normal character of the neighborhood or area.

r.

Temporary uses, non-material - Those activities of short duration not to exceed three (3) days or of a seasonal nature which do not materially affect the site's natural environment, parking requirements, transportation patterns, public health, community character or economic values.

s.

Structures of minimum land disturbance - The submission of a site plan for a detached dwelling unit used solely for residential purposes and/or its accessory buildings and uses on a lot, including customary accessory buildings incidental to farms, shall not be necessary unless required as part of a conditional use permit request, or if the proposed land disturbing activity results in a land disturbance exceeding 2,500 square feet in area, or if any encroachment into or resulting in the disturbance of a Resource Protection Area (RPA) is proposed.

An applicant or the applicant's authorized representative are strongly urged to arrange a pre-application conference with the Town Manager. The purpose of the conference is to:

a.

Provide for an exchange of information regarding the development proposal.

b.

Acquaint the applicant with the substantive and procedural requirements of this Ordinance as well as applicable elements of the Comprehensive Plan.

c.

Identify policies, regulations and site features that create opportunities or pose significant constraints for the proposed development.

d.

Advise the applicant of any known state or federal permits which must be obtained.

e.

Obtain copies of all necessary application forms.

An application for a development permit shall consist of the following materials in sufficient copies as determined by the Town Manager to permit an expeditious and comprehensive review:

a.

A completed development permit application form, together with the required fee, providing an explanation of intent, stating the nature of the proposed request, pertinent background information, and other information that may have a bearing on determining the action to be taken.

b.

Evidence that the property affected by the application is in the exclusive ownership or control of the applicant or that the applicant has the written consent of all partners in ownership of the affected property.

c.

Plan of development materials as required by Section 2-2-6.

d.

Additional information required by other sections of this Ordinance because of the type of development proposed, the area involved, or the impact associated with the request.

Application materials shall be submitted to the Town Manager, who shall indicate the date of submission on the application. Within ten (10) working days after the date of submission, the Town Manager shall determine whether an application is sufficiently complete to be forwarded along the proper DMP. If the Town Manager determines that the application is incomplete, or the necessary attachments or the requested number of application materials have not been submitted, he shall immediately notify the applicant of this negative determination by mail or otherwise convey an explanation to the applicant. An application for which such a negative determination has been made may be resubmitted (without additional charge if the original fee submission was as required) after it is revised to overcome the reasons for the negative determination. If a development permit application is in conformance with the submission provisions of this Ordinance, the Town Manager shall accept it, deem it to be complete, note the date of acceptance, assign an application number, and initiate application processing in accordance with the appropriate DMP.

a.

Required Documentation.

The documents to be submitted are intended to provide the plan-approving authority with sufficient information and data to ensure that the proposed development meets the zoning, and design and improvement standards contained in this Ordinance. The documents to be submitted will vary depending upon the nature of the development request and the approvals required to be obtained. The documents and details to be submitted are indicated within Exhibit 4.

b.

Submission of a Community Impact Analysis.

The potential impact of certain development proposals on the Town, as well as any development in close proximity to naturally or culturally significant areas, may require a more detailed level of scrutiny on the part of the plan-approving authority. If it is deemed that a project may be of potential negative impact which would compromise the integrity of the Comprehensive Plan, or be inconsistent with the purposes of this Ordinance as stated in Section 1-3, the plan-approving authority may require the submission of a Community Impact Analysis. The precise content of a Community Impact Analysis will be made specific by the plan-approving authority in response to the specific concerns it has with the development proposal. However, the scope of issues which the plan-approving authority could request the applicant to address include, but are not limited to:

Archaeological and Historic Surveys,

Cultural and Natural Resource Impact Studies,

Governmental Services and/or Fiscal Impact Analysis,

Groundwater Studies,

Residential and Commercial Market Studies defining capacity for growth and the impact of the proposal on existing markets,

Traffic Impact Analysis,

Utility Analysis.

c.

Submission of an Environmental Site Assessment.

An environmental site assessment shall be submitted in conjunction with any plan of development application which will necessitate a land disturbance exceeding 2,500 square feet in area. The environmental site assessment shall delineate the site specific geographic extent of the RPA (Section 3-5). The environmental site assessment shall be drawn at the same scale as the plan of development and shall be certified as complete and accurate by a professional engineer, a certified land surveyor or a certified landscape architect. The environmental site assessment shall clearly delineate the following on-site environmental features:

Tidal shores;

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or tributary streams;

A 100-foot buffer area located adjacent to and landward of the components listed above, and along both sides of any tributary stream;

Other sensitive environmental features as determined by the Town Manager.

EXHIBIT 4
REQUIRED SUBMISSION DOCUMENTS

Notes:

X = items required at indicated development stage.

1. Conditional approval may be granted subject to other regulatory approvals. Wetland permits, if necessary, must be obtained and submitted to the Town Manager before final approval is granted (2-2-14).

2. Must only be prepared if development proposal is within Resource Protection Area or if required by the Town Manager.

3. As and when required.

The Town Manager may waive all or some of the submission requirements for those applications within DMP-a if he has determined that a complete and thorough review of the application can be accomplished without the submittal data which is absent. The Town Manager shall document the reasons for waiving submission requirements.

The plan-approving authorities within DMP-b to DMP-d (2-1-2b to 2-1-2d) will make the final determination if a waiver from submittal requirements is warranted. The fact that the Town Manager may label an application within DMP-b to DMP-d (2-1-2b to 2-1-2d) as complete for processing does not preclude the approving entity from requesting the submission of clarifying information or additional data. The Town Manager shall not withhold an incomplete application from a plan approving authority if the applicant has requested a waiver of submission requirements.

The plan-approving authority may waive all or some of the design standards contained within Article 4 when the application of these design standards is deemed to be unnecessary to ensure compliance with the intent and purpose of the Comprehensive Plan and this Ordinance.

A conceptual sketch of a proposed subdivision or site plan is not required but is strongly recommended as an option which may help expedite the review of an application. The submission of a conceptual sketch affords the applicant the opportunity to discuss the proposal in its formative stages and receive the advice of the Town Manager relative to procedural requirements and applicable ordinance provisions. The applicant shall submit two (2) copies of the sketch along with a completed application form. The conceptual sketch should contain sufficient information accurately depicted in order to permit the Town Manager to responsively and responsibly be of assistance. The Town Manager shall return a marked up copy of the sketch plat/plan to the applicant depicting any comments and recommendations. The second marked up copy and accompanying application form will be retained for future reference.

a.

Where a proposed subdivision is a part of a development for which site plan approval is required, the subdivision plat and the site plan will be reviewed at the same time as nearly as possible under the requirements of these regulations.

b.

With the approval of the plan-approving agent, applications for preliminary and final approval may be combined into a single submission requesting final approval.

c.

Plats and plans may be approved conditionally pending receipt of other approvals such as variance relief, wetlands permits, conditional use permits, etc.

Any applicant requesting approval of a proposed minor subdivision (creation of no more than two additional lots, no new roads) and/or minor site plan (activities and uses associated with an individual single family home) shall submit five (5) copies of the plan of development along with a completed application form and the prescribed fee to the Town Manager for processing in accordance with DMP-a (Section 2-1-2a).

All major subdivisions and major site plans shall be processed as specified below.

a.

General Development Plan.

Applicants of major site plans or major subdivisions shall have the option of dividing preliminary approval into two parts: Phase One -General Development Plan, and Phase Two - Preliminary Approval. This will enable the applicant to present large scale plans with a general description, but not full engineering details as part of Phase One. With conditional Phase One approval, the applicant can proceed with a higher level of confidence to Phase Two during which significant engineering expenses are generally incurred.

Ten (10) sets of all required submission materials shall be submitted to the Town Manager for distribution to the Planning Commission. The procedures of DMP-b (2-1-2b) shall be utilized.

It may be necessary for additional sets of original or revised materials to be submitted to facilitate agency reviews and for the use of the Town Council after the Planning Commission has forwarded their recommendation to Council for final action.

b.

Major Subdivision/Site Plans Approval by the Town Council.

Major preliminary subdivisions resulting in the creation of 10 lots or more, and site plans on areas 3 acres or greater in size (as measured by the limits of development) shall be processed in accordance with DMP-b (2-1-2b). All other preliminary plans of development which are deemed to not be minor subdivisions/site plans as specified in Section 2-2-10 shall be processed in accordance with DMP-c (2-1-2c).

Major final plat/plan approval shall be processed in accordance with DMP-c (2-1-2c). Final approval shall be contingent upon the acceptance of any required performance and maintenance bonds as per Section 2-6 of this Ordinance.

c.

Effect of General Development Plan/Preliminary Subdivision/Site Plan Approval.

(1)

The applicant shall have not more than twelve (12) months after receiving official notification concerning tentative approval of a general development plan to submit an application for Phase Two - preliminary approval. Failure to do so shall make the general development plan approval mull and void. The Town Manager may grant an extension of this time limit for a total of no more than one (1) year if requested in writing, provided sufficient justification is given by the applicant.

(2)

The applicant shall have not more than six (6) months after receiving official notification concerning approval of a preliminary plat/plan to submit an application for final plat/plan approval. Failure to do so shall make preliminary approval null and void. The Town Manager may grant an extension of this time limit for a total of not more than one (1) year if requested in writing, provided sufficient justification is given by the applicant. Remaining sections of a phased development plan shall not become null and void as long as final plats/plans are submitted for approval with no lapse exceeding three (3) years in time between the submittal of final sections.

d.

Effect of Final Approval of Subdivisions and Site Plans.

(1)

One (1) black line print and one (1) film positive of an approved major final site plan shall be submitted to the Town Manager for filing. An approved final site plan shall be null and void if, in the opinion of the Town Manager, no significant work is done or development is made on the site within twelve (12) months after the date of major or minor site plan approval. A single one year extension upon written request of the applicant with sufficient justification may be granted by the Town Manager.

(2)

Five (5) black line prints of an approved final subdivision plat shall be submitted to the Town Manager for signatures. When a final subdivision plat has been approved, executed and acknowledged in accordance with the provisions of this article, it shall be recorded in the Office of the Clerk of Circuit Court of Richmond County within six (6) months after final approval. No final plat of a subdivision shall be recorded unless and until it has been submitted to and approved by the Town; and no Clerk or Deputy Clerk of the Circuit Court of the County shall file or record a subdivision plat until the plat has been approved by the Town and unless the plat is submitted for recordation within six (6) months of the date of final approval by the Town. Unless the approved plat is filed for recordation within six (6) months after final approval, such approval shall be withdrawn and the plat marked void and returned to the applicant.

After a site plan has been approved, minor adjustments to the site plan, which comply with the spirit of this Ordinance and with the general purpose of the Comprehensive Plan for development of the area, may be approved by the Town Manager with notice of the change given to the original plan-approving authority. Deviation from an approved site plan without the written approval of the Town Manager shall void the plan and the applicant shall be required to resubmit a new site plan for consideration.

Any major revision of an approved site plan may be made in the same manner as originally approved. Any requirements of Articles 2 and 4 of this Ordinance may be waived by the plan-approving authority in specific cases where such requirement is found to be unreasonable and where such waiver will not be contrary to the purpose of this Ordinance.

No change, erasure or revision shall be made on any preliminary or final plat, nor on accompanying data sheets after approval of the Town has been endorsed in writing on the plat unless authorization for such changes has been granted in writing by the Town Manager.

No final approval will be granted until evidence of approvals for all wetland permits required by law are submitted to the Town Manager. Applicants should contact the Virginia Marine Resources Commission and/or the U.S. Army Corps of Engineers relative to plans of development affecting nontidal wetlands.

No final approval will be granted until a notation is made upon all plats to be recorded that septic pump out certification is required every five (5) years in such form as required by the Town of Warsaw. The notation may include the statement that lots connected to sewer that do not contain a functioning septic system are exempted so long as that remains the case.

(Ord. of 3-13-2014, § 2-2-15)

No final approval will be granted unless Resource Protection Areas (RPAs) and Resource Management Areas (RMAs) are clearly depicted on all plats to be recorded or final site plan reviews. If no RPA or RMA exist on the property, a notation indicating such shall be made.

(Ord. of 3-13-2014, § 2-2-16)

Prior to a public hearing as required by DMP-b and DMP-d, notice as required by this section shall be given. No final decision shall be rendered on an application requiring a public notice until notice is given. Notice of pending applications need not be advertised in full, but may be advertised by reference, provided that the place where a copy of the application or proposal may be viewed shall be included in the notice.

a.

Notice shall be published once a week for two successive weeks (at least six days apart) in a newspaper having general circulation in the Town. Notice shall specify the time and place of the public hearing, which shall be held not less than six days nor more than twenty-one days after the second advertisement shall have appeared. The Town Manager, or his designee, will arrange for the publication of the newspaper notice.

b.

When notice is required by this Ordinance, written notice shall be sent by the Town Manager, or his designee, in accordance with 15.1-431 of the Code of Virginia, 15 days prior to any public hearing to property owners and abutting property owners of the affected site, including property across the street.

c.

Notice should also be provided by the posting of at least one sign on the property in question by the Town Manager, or his designee, at least 15 days prior to the date of the public hearing. Additional signs should be posted for properties with more than one road frontage. Signs should be posted in the following manner.

(1)

All signs should be posted so as to assure the greatest public visibility practical.

(2)

Signs should be posted adjacent to the street right-of-way abutting the site, no more than ten (10) feet from the edge of the right-of-way. If more than one street abuts the site, at least one sign should be posted along each abutting street. If no street abuts the site, at least one sign should be posted along the closest public street, with a note added to locate the property in direction and distance from the sign.

(3)

Signs should be maintained in good condition until the public hearing, and should be replaced if damaged or removed as soon as practical. It shall be a violation of this Ordinance to damage or remove a public notice sign erected under these provisions, and each sign shall carry a warning to this effect.

d.

The Town Manager, or his designee who has performed notice as prescribed above, shall make affidavit to such and file it with the papers in the case.

(Ord. of 11-11-1999(3), § 2-3(b))

a.

Any person aggrieved, or any entity of government affected by an order, requirement, decision or determination made by the Town Manager in the administration or enforcement of the provisions of this Ordinance may file an appeal.

If the Town Manager's action was in the administration and enforcement of Article 3 of this Ordinance, the appeal shall be heard by the Board of Zoning Appeals. This appellant process (DMP-d) requires a public hearing with notice provided in accordance with Section 2-3.

If the Town Manager's action was in the administration and enforcement of any other section of this Ordinance, the appeal shall be heard by the Town Council. No public hearing is required.

b.

Appeals must be filed within thirty (30) days of the date of the decision by filing with the Town Manager and the hearing board, a notice of appeal specifying the grounds for appeal. The Town Manager shall transmit all the papers constituting the record upon which the action appealed from was taken to the hearing board. An appeal shall stay all proceedings in furtherance of the appealed action unless the Town Manager certifies to the hearing board that by reason of the facts stated in his certificate, a stay would in his opinion cause imminent peril to life or property. In this case, proceedings shall not be stayed other than by a restraining order granted by the hearing board or by a court of record, on application and on notice to the Town Manager and for good cause shown.

Every action contesting a decision of the Town Council or the Board of Zoning Appeals shall be filed within thirty (30) days of such decision with the Clerk of the Circuit Court of Richmond County.

a.

Whenever the public necessity, convenience, general welfare or good zoning practice require, the Town Council may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property. Any such amendment may be initiated:

(1)

By resolution of the Council;

(2)

By motion of the Planning Commission; or

(3)

By submission of an application to the Town Manager by the owner, contract purchaser with the owner's written consent, or the owner's agent for the property which is the subject of the proposed zoning amendment.

b.

If an application for an amendment has been denied by the Council, substantially the same petition shall not be reconsidered within three hundred sixty-five (365) days of the denial. This provision shall not impair the right of either the Planning Commission or the Council to propose any amendment to this Ordinance on their own motion at any time.

Amendments shall be processed in accordance with DMP-b as described in Section 2-1-2b.

a.

Prior to receipt of final approval for any development activity or as a condition thereof, all improvements required by this Ordinance shall be completed, or provisions made for their completion, in accordance with one of the following methods:

(1)

Installation and completion by and at the expense of the developer;

(2)

The furnishing by the developer to the Town Manager of a certified check or a personal, corporate or property bond with cash escrow or other method of performance guarantee approved by the Town Attorney. This guarantee should be sufficient to cover the cost of all improvements required to be installed by the developer as estimated by the Town Manager; or

(3)

The furnishing by the developer to the Town Manager of evidence of the existence of agreements between the developer and qualified contractors for the installation and completion of the improvements and the contractors' performance guarantees for the benefit of the Town and the developer, and satisfactory to the Town Attorney, in an amount sufficient to cover the cost of all the improvements required to be installed by the developer as estimated by the Town Manager.

b.

In the event that the developer elects to proceed by methods (2) or (3) as outlined in Section 2-6-1a above, the developer shall set a time, subject to the approval of the Town Manager, by which it is estimated the improvements will be installed and the work in its entirety completed. Unless an extension of that time is approved by the Town Manager and a new estimated date of accomplishment and completion of the improvements is established, the Town, at its discretion, may make use of the performance guarantee.

a.

Request for Release.

Upon the completion of the installation of all improvements, the developer shall furnish a statement prepared by a certified surveyor or engineer, to the effect that all construction is in substantial conformity to the regulations and requirements of this Ordinance, and the plans as approved by the Town. If this submittal is approved by the Town, the bond, escrow or other guarantee of completion shall be released within thirty (30) days of receipt of written notice form the developer to the Town Manager, unless such developer is notified in writing by the Town Manager of a delay in such release and the reasons therefor. The Town may retain up to 25 percent of the guarantee for use in repair or improvements as may be necessary within one year of completion.

b.

Partial Release of the Guarantee.

Any bond, escrow or guarantee posted in lieu of payment may be released in part as construction progresses if approved as partially completed by the Town Manager when done so in accordance with a predetermined release schedule.

c.

Release from Completing Guaranteed Improvements.

In the event the developer has, in the opinion of the Town Manager, just cause for not completing the improvements in the entire development where a satisfactory performance guarantee has been posted, the Town Manager may release the developer from his obligation to complete all of the improvements in the development provided the developer furnishes a statement by a licensed surveyor or engineer to the effect that all construction which has been completed, conforms to the regulations and requirements of this Ordinance and the plans as approved by the Town.

a.

Certificate of Compliance.

The Town Manager will issue a Certificate of Compliance, Part A, for those proposals which have obtained all necessary approvals and permits and comply with this Ordinance before any building permits are issued by the Richmond County Building Official. The Town Manager will also issue a Certificate of Compliance, Part B, authorizing the Building Official to issue a Certificate of Occupancy. Certificates of Compliance will also be issued for all land disturbing activities, as defined.

b.

Building Permits.

A building permit, obtained from the Richmond County Building Official, shall be required before any building or other structure may be erected, altered, converted, reconstructed, relocated, extended or enlarged. When issued by the Building Official, such permit shall be valid for not more than six (6) months, unless otherwise provided.

c.

Existing Permits.

No building permit lawfully issued prior to the effective date of this Ordinance, and in full force and effect, shall be invalidated by the passage of this Ordinance, or any amendment, but shall remain a valid permit, subject only to its own terms and provisions and the Ordinances, rules, and regulations pertaining thereto, and in effect at the time of the issuance of such permit. However, all such permits shall expire not later than six (6) months from the effective date of this Ordinance, unless actual construction shall have begun and continued pursuant to the terms of the permit.

d.

Plans to Accompany Applications for Permits.

All applications for a development permit shall be accompanied by an approved plan resulting from a positive determination associated with its processing in accordance with Section 2-2 of this Ordinance. The Town Manager may waive this requirement for an approved plan of development in whole or in part when such plan would be clearly unnecessary to a decision relative to the issuance of a development permit or a certificate of occupancy.

a.

No vacant land shall be occupied or used, except for agricultural uses associated with the operation of a farm, until a certificate of occupancy shall have been issued by the Richmond County Building Official, on behalf of the Town of Warsaw.

b.

No building or other structure shall be used, occupied, or changed in use, until a certificate of occupancy has been issued by the Richmond County Building Official, stating that the building or other structure or proposed use of a building or other structure complies with the building code and the provisions of this Ordinance.

For a business and/or industrial use, a new Certificate of Occupancy shall be required for a change in occupancy or change in ownership of a continuing occupancy. Only one Certificate of Occupancy shall be required for a residential use.

c.

A certificate of occupancy shall be applied for along with the application for a building permit and shall be issued within 10 days after the erection or structural alteration of such buildings or other structures when completed in accordance with the provisions of this Ordinance.

d.

A certificate of occupancy shall be issued for a part of a building or other structure or development or section thereof if completed in accordance with the provisions of this Ordinance and the building code even though the entire building or other structure or development or section thereof has not been completed. The Richmond County Building Official must find however that such occupancy is consistent with the public health, safety and welfare.

e.

The Richmond County Building Official may issue a temporary and contingent certificate of occupancy for a period not to exceed six (6) months where, because of the unusual nature of the uses, a trial period of operation is, in the Town Manager's opinion, the most appropriate way to determine actual compliance with the provisions of this Ordinance.

f.

The Town Manager may require the applicant to post a performance guarantee as provided by Section 2-6 sufficient to guarantee the completion, by a specific time, of site improvements related to the buildings and structures for which a certificate is sought.

Application fees, as determined by Resolution of the Town Council, are to cover the administrative costs incurred by the Town in processing applications and are non-refundable. A schedule of fees is available from the Town Clerk.

After an application is submitted to the Town Manager, the applicant may be required to execute an escrow agreement with the Town. The escrow accounts are to pay all necessary and reasonable costs incurred by the Town for the professional review of an application by a certified Engineer, Planning Consultant, Attorney, and other professionals retained by the Town to review and make recommendations on an application for development. The amounts specified for escrow are estimates which shall be paid upon request. If the amounts posted are more than those required, the excess funds shall be returned to the applicant within fourteen (14) days of the issuance of a Certificate of Occupancy for the project. In the event that more than the amounts specified for escrow are required to pay the reasonable costs incurred, the applicant shall pay all additional sums required prior to being permitted to take the next step in the approval procedure, or in any event, prior to obtaining certificates of occupancy for any, or the next, element of the project. The Town Manager shall determine whether there are sufficient amounts in the escrow fund to pay pending bills. If there are insufficient funds in escrow, the Town Manager will notify the applicant of the amounts needed. In addition to these terms, the escrow agreement may include any additional terms which are agreed to by the applicant and the Town Manager. The Town Manager shall maintain an itemized account for each application and shall, upon the request of the applicant, supply a copy of the itemized account. All charges against any escrow account shall be made by purchase order and voucher and shall be approved by the Town Manager.

a.

In case any lot, building or other structure is erected, constructed, altered, repaired, converted, or used in violation of this Ordinance, the Town Manager, or his designee, shall serve notice on the person committing or permitting the violation. If the violation has not ceased within a reasonable time specified by the Town Manager, action appropriate to terminate the violation shall be taken.

b.

Where there is reasonable cause to believe that violation of this Ordinance has occurred, the Town Manager or his authorized representative may enter the premises for the purpose of inspection. Where permission to enter is withheld, the Town Manager shall seek a court order from the General District Court of Richmond County. A search warrant from a magistrate of the jurisdiction may be issued to facilitate inspection.

The Town Manager shall be vested with all necessary authority on behalf of the Town to administer and enforce this Ordinance and any approvals including conditions attached to a rezoning or amendment to a zoning map such as:

The order in writing of the remedy of any noncompliance with such conditions;

The bringing of legal action to ensure compliance with such conditions including injunction, abatement or other appropriate action or proceeding; and

Requiring the submittal of performance and maintenance guarantees as specified in Section 2-6.

After having served a notice of violation on any person committing or permitting an infraction of the Ordinance provisions specified in Section 2-9-3b(3) (infractions punishable by civil penalties) and if this violation has not ceased within the reasonable time specified in the notice, then upon the approval of the Town Attorney, the Town Manager shall cause two (2) copies of a summons to be served to the person, either by certified mail, return receipt requested, or by posting on the front door of the abode of such person.

The summons shall contain the following information:

The name and address of the person charged.

The nature of the infraction and the Ordinance provision(s) being violated.

The location, date and time that the infraction occurred or was observed.

The amount of the civil penalty assessed for the infraction.

The manner, location and time in which the civil penalty may be paid to the Town.

The right of the recipient of the summons to elect to stand trial for the infraction and the date for such trial.

The summons shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the Town Treasurer at least seventy-two (72) hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court, however, an admission shall not be deemed a criminal conviction for any purpose.

The owner or any person acting for the owner who assists in the violation of this Ordinance, shall each be guilty of a separate offense and upon conviction, punished as provided below.

a.

Misdemeanor Violations.

Any violation of the provisions of this Ordinance, other than those specified in Section 2-9-3b below, shall be deemed a misdemeanor and shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00). Each day such violation exists shall constitute a separate offense.

b.

Infractions and Civil Penalties.

(1)

A violation of Ordinance provisions identified in Section 2-9-3b(3) shall be deemed an infraction and shall be punishable by a civil penalty consisting of a fine of $100.00. Each day such violation exists shall constitute a separate offense.

(2)

Violations pursuant to Section 2-9-3b shall be in lieu of criminal penalties unless the violation resulted in injury to any person or persons, in which case the Town Manager shall seek prosecution of a violation as a criminal misdemeanor as provided for by Section 2-9-3a. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the General District Court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose. The remedies provided for in this section shall be in addition to any other remedies provided by law.

(3)

Violation of the following provisions of this Ordinance shall be deemed an infraction punishable by civil penalties:

(a)

Sections relating to satellite dish placement (3-4-10a(2)).

(b)

Sections relating to the placement and nature of fences and walls (4-11-8, 3-4-10a(10)).

(c)

Sections relating to the keeping of an excessive number of commonly accepted domesticated animals (3-4-10a(6)).

(d)

Sections relating to the keeping of farm and non-domesticated animals (3-4-10a(14)).

(e)

Sections relating to the locational requirements for accessory uses (3-4-10).

(f)

Sections relating to home occupations (3-4-11).

(g)

Sections relating to maintenance of site triangles (4-3-5).

(h)

Sections only as each relates to the posting and maintenance of signs on private property (4-16).

(i)

Sections relating to the provision of adequate lighting (4-12).

(j)

Violations of the site triangle provisions (4-3-5).

(k)

Violations of the provisions regarding weed control (4-11-9d). If the violation has not been corrected as required after notice has been duly served as provided for in Section 2-9-2, the Town Manager may proceed to have such work done as may be necessary to abate the violating condition. Any costs incurred by the Town in this regard including administrative fees shall be collected by the Town as taxes and levies are collected and all charges not so collected shall constitute a lien against the property ranking on the parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 and 4 of Chapter 30, Title 58.1 of the Code of Virginia.

No ordinance provision to which Section 2-9-3b(3) relates shall allow the imposition of civil penalties for the enforcement of the Uniform Statewide Building Code, land development activities relating to the construction or repair of buildings and structures, erosion and sediment control as provided in sections and provisions of sections related to the Chesapeake Bay Preservation Act.