It is the purpose and intent of Article 4 to ensure that new development is designed in accordance with the purpose, intent and direction of the Comprehensive Plan and this ordinance; is in concert with existing, desirable development patterns and designs within the Town; is responsive to the existence of significant and sensitive natural and cultural resources; is proposed so as to enable the Town to provide adequate levels of public service; and is designed to provide for the health, safety, and welfare of individuals residing, working, shopping, traveling and recreating within the Town of Warsaw.

Section 4-1 is intended to assist the site and building designer by providing general guidance relative to desirable site and building design criteria for new development within the Town.

Plans of development shall be in compliance with the development design and implementation requirements of Article 4. Waivers from the standards of Article 4 may be granted by the plan-approving authority upon submission of a waiver request (See Section 2-2-7).

The following requirements, are intended to establish the general direction and tone of land development as envisioned by this Ordinance.[:]

a.

Suitability of Land for Development.

(1)

Any land described as unsuitable for building sites shall be clearly indicated on the plan of development and shall not be used to satisfy the minimum lot size requirements as prescribed by Article 3 of this Ordinance.

(2)

Land is topographically unsuitable for building sites if it possesses steep slopes which will require extensive grading or unusual construction practices in order for development to take place, or which would provide less than 10,000 useable square feet of contiguous building area with slopes of less than 15 percent.

(3)

Land is unsuitable for development if it is characterized by potentially injurious conditions resulting from special soil and water conditions such as shrinking and swelling clays and/or marine clays, unless such conditions can be rendered harmless by standard development and construction practices.

(4)

Land is generally unsuitable for development if it is within areas identified as the habitat of rare and endangered species, wetlands, and sites of historic, scenic or archaeological importance.

(5)

Wetlands, as defined in the Virginia Wetlands Zoning Act, or any land subject to periodic flooding shall not be developed for residential occupancy nor for any other use which might involve danger to health, life, or property, or which would aggravate the flood hazard. Any such land within the proposed development shall be restricted against buildings or otherwise reserved for uses which will not be endangered by periodic or occasional inundation.

(6)

Lots shall not be created which do not have access provided over suitable terrain so as to provide reasonable means of ingress and egress.

b.

Building Design.

(1)

Architectural style and building materials are not restricted, however, extremes of style not indigenous to the Town are not encouraged if visible from public rights-of-way. Commercial buildings are encouraged to utilize architectural styles and materials which are "traditional" resulting in structures possessing a residential quality. Examples of this include gable roofs, dormer windows, muted colors, and horizontal siding or brick.

(2)

Buildings are encouraged to be in scale and harmonious with existing neighboring buildings and areas.

(3)

Materials are encouraged to be harmonious with adjoining structures.

(4)

A minimum of different types of exterior wall materials should be used. Materials should be selected for suitability to the type of building and design in which they are used.

(5)

Building materials should be of durable quality.

(6)

Definite transitions between changes of building material and in building planes are encouraged while maintaining an overall simple geometry for the building mass.

(7)

Exterior building components such as windows, doors, eaves, and parapets should have balanced proportions.

(8)

All sides of a structure should receive design consideration. A facade unrelated to the rest of the building is not in keeping with an acceptable design.

(9)

Colors should be harmonious, and accents, if used, should be compatible.

(10)

All projections and mechanical details such as louvers, exposed flashing, flues, vents, gutters and down spouts should be recognized as architectural features and be treated to match the color of the adjacent surface or be of a complementary color.

(11)

Mechanical equipment or other utility hardware on the roof, ground, or elevations shall, wherever possible, be located so as not to be visible from any public right-of-way or adjacent residential areas. Where such limitation on location is not possible, the facilities shall be screened from public view with materials harmonious with the building.

(12)

Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from the view of any public right-of-way with materials harmonious with the building.

(13)

Monotony of design in single or multiple building projects should be avoided. Variation of detail, form and siting should be used to provide visual interest. In multiple building projects, variable siting of individual buildings shall be used to prevent a monotonous appearance.

c.

Relationship of Buildings to Site.

(1)

Projects should reflect the character of the site upon which they are located. Compatibility to grade conditions, degree of exposure to passers-by, the context of adjacent structures, exceptional views, tree masses, and size of the lot are some of the factors to be considered.

(2)

The site should be planned to accomplish a desirable transition with the street scrape, and to provide for adequate landscaping, safe pedestrian movement, and parking areas. All plans shall demonstrate a concern for the conservation of energy by their sensitivity to factors such as the orientation of a building, the use and location of glass, and the use of landscape materials on the site.

(3)

Miscellaneous structures and street hardware should be designed to be part of the architectural and landscape design concept. The materials should be compatible, the scale should be appropriate, and the colors should be in harmony with buildings and surroundings.

(4)

Building wall extensions, plantings, berms or other means shall be used to minimize the visual impact of parking lots from the view from public rights-of-way and adjacent residential areas.

(5)

Fencing, when proposed, should be included on the plan of development and should be consistent with the general plan for the site.

(6)

The design of fences and screening walls should give specific consideration to the relief of monotony, such as breaking up major fence lengths with complementary landscaping.

(7)

Newly installed utility services, and service revisions necessitated by exterior alterations, should be underground.

(8)

Grades of walks, parking spaces, terraces, and other paved areas should provide an inviting and stable appearance for walking and, if seating is provided, for sitting.

d.

Relationship of Project to Adjoining Areas.

(1)

Designers should demonstrate a harmony in texture, lines, and masses between all adjacent buildings. Monotony should be avoided.

(2)

The height and scale of each building should be compatible with its site and existing and anticipated adjoining buildings.

(3)

Adjacent buildings of different architectural styles should be compatible by such means as screens, sight breaks and materials.

(4)

Attractive landscape transition to adjoining properties or compatible use characteristics should be provided.

(5)

Project features which may have negative impacts upon adjacent properties, such as parking lots, service entrances, loading zones, mechanical equipment, etc., shall be buffered from adjacent properties.

(6)

Development or project names should not duplicate or nearly duplicate the name or sound of any existing or approved development within the Town or Richmond County and also within surrounding jurisdictions in which automatic emergency response areas exist. All proposed development and street names shall be subject to approval by the plan-approving authority.

e.

Landscape and Site Treatment.

(1)

Natural or existing topographic patterns shall be preserved and enhanced when it contributes to the beauty and utility of a development. Modification to topography will be permitted where it contributes to good appearance and utility.

(2)

Each landscape plan shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barriers, provisions for shade, energy conservation, sound absorption, dust abatement and reduction of glare.

(3)

Landscape treatment shall be provided to enhance architectural features, strengthen vistas, provide shade and nuisance buffers.

(4)

Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by correlation with adjacent developments.

(5)

Plant material shall be selected for interest in its structure, texture, and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design, and of attractive appearance shall be used.

(6)

Parking areas and related traffic ways shall be enhanced with landscaped areas, including trees or tree groupings.

(7)

Plants shall be protected by appropriate curbs, tree guards, or other devices when positioned in locations where they will be susceptible to injury by pedestrian or vehicular traffic.

(8)

Where landscaping is used as screening, it should be equally effective in winter and summer.

(9)

In areas where general planting will not prosper, other materials shall be used, such as indigenous species and fences.

(10)

Landscape screening shall be of a height and density so that it provides the full desired effect within three years growing time.

f.

Signs.

(1)

Every sign shall have appropriate scale in its design and in its visual relationship to buildings and surroundings.

(2)

Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.

(3)

The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.

(4)

The number of colors and graphic elements on a sign shall be held to the minimum needed to convey the sign's major message, and shall be composed in proportion to the area of the sign face. The listing of individual services rendered or items offered for sale, and the use of telephone numbers, arrows, and multiple logos on a sign are generally unacceptable.

(5)

Identification signs of a prototype design and logos shall conform to the criteria for all other signs.

(6)

Each sign shall be compatible with signs on adjoining premises, and shall not compete for attention.

g.

Lighting.

(1)

All exterior lighting should balance the need for energy conservation and light pollution with the need for safety and security.

(2)

Where decorative exterior floodlighting is used, it shall consist of an appropriate composition of brightness relationships, textures, and restrained colors to dramatize a setting and extend the hours of the setting's usefulness. Floodlighting fixtures shall be located and shielded so that their presence is minimized.

(3)

All exterior lighting shall be part of the architectural/security and landscape design concept. Light fixtures, standards and all exposed accessories shall be concealed or be harmonious with other project design materials.

(4)

Exterior lighting shall not be designed to permit an adverse effect upon neighboring properties.

(5)

Free standing parking lot and internal access route lighting should be color corrected, high pressure sodium vapor luminaries.

h.

Maintenance Considerations.

Continued quality of appearance depends upon the extent and quality of maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive for easy maintenance and upkeep.

(1)

Buildings and appurtenances, including signs, shall be cleaned and painted or repaired as required to present a neat appearance.

(2)

Deteriorated, worn, or damaged features shall be rebuilt or replaced. Illuminated elements of buildings and signs shall be replaced as required to maintain the effect for which designed.

(3)

Landscape materials, other than plantings, which have deteriorated or have been damaged or defaced, shall be properly repaired or replaced.

(4)

Plantings should be kept watered, fed, cultivated, and pruned as required to give a healthy and well groomed appearance during all seasons. Plant materials which have deteriorated or died shall be replaced with healthy plantings.

(5)

Parking areas should be kept in good repair, properly marked, and clear of litter and debris.

(6)

Vacant property shall be kept free of refuse and debris, and shall have the vegetation cut periodically during the growing season if located in developing areas. No landscape design, plant materials, or other exterior design feature of the site approved by the Town shall be significantly modified as a result of maintenance procedures, unless approved by the Town Manager.

(7)

Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage and abuse.

(8)

Provisions for washing and cleaning of buildings and structures, and control of dirt and refuse, shall be included in the design.

i.

Preservation of Natural Features.

(1)

Natural features such as trees, hilltops and views, natural terrain, open waters and natural drainage lines shall be preserved whenever possible in designing any development.

(2)

Topsoil shall not be removed from areas intended for lawn or open space. Topsoil removed during the course of construction shall be redistributed on to these areas and shall be stabilized by approved seeding and/or planting.

(3)

A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on the site. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees, in which case these lots shall be replanted with trees to reestablish the tone of the area.

(4)

The removal of trees or the clearing and grading of land by the developer shall be generally permitted only to accommodate the construction and installation of those improvements.

(5)

Any proposed grade changes shall be compatible with the established grade of adjacent areas.

(6)

The developer shall preserve significant and sensitive natural resources including unique or irreplaceable land types such as wetlands.

(7)

The indiscriminate and excessive cutting of trees, which may potentially result in increased surface drainage or run-off and soil erosion shall be avoided.

The purpose of managing letting layout is to promote efficiency and economy in the process of land division; to provide the proper arrangement of lots in relationship to each other, to existing and planned streets, and other features of the Comprehensive Plan; to protect environmentally sensitive areas, historic and archaeological sites, and steep slopes; to guard against flooding, erosion and sedimentation; to afford adequate open spaces for recreation, light, and air, including the convenient distribution of population and traffic; and to ensure the adequacy of streets, public utilities and other public facilities. Toward this end, this Section:

-

Establishes design and improvement standards for the division of land in the Town of Warsaw;

-

Ensures that purchasers of lots, tracts and parcels purchase a commodity that is accessible and generally suitable for the intended use;

-

Ensures orderly and safe spacing, size, shape, design, and distribution of lots for residential, commercial, industrial and other uses.

Plans prepared for subdivision approval shall comply with the submittal requirements of Exhibit 4 in Section 2-2-6 and the development design shall comply with the design provisions of this Ordinance.

a.

Preservation of Resources.

Streets and lots shall be designed and situated to preserve the favorable characteristics of the site and to minimize alteration of the natural and culturally significant site features. Unique and fragile elements, including but not limited to, floodplains, wetlands and steep slopes shall be preserved where practical, with development targeted for environmentally stable areas.

b.

Provision of Open Space.

The subdivision layout shall be designed in accordance with the principles and standards contained in this Ordinance with the objective of achieving the most advantageous design of the subdivision and adjoining areas. Open space-providing layouts and design techniques are encouraged.

c.

Compliance with Zoning Provisions of Article 3.

The subdivision layout shall be in full compliance with all applicable zoning provisions of Article 3, including any limitations on area, dimensions, number or location of lots.

d.

Compliance with the Comprehensive Plan.

The subdivision layout shall conform in all essential respects with the goals, objectives and directives of the Comprehensive Plan.

e.

Availability of Water and Sewer (Amended 05/10/01).

No land shall be subdivided unless there is public water and sewer available to every lot within the subdivision. In instances where water and sewer is planned, but not yet available, council may permit subdivision, provided a written agreement is reached with the developer to provide at his costs for development in accordance with Section 4-4 of the Development Management Ordinance.

a.

Compliance with Section 4-3 and Other Provisions of this Ordinance.

The location, alignment, grade, width and drainage of all streets and roads shall comply with the design standards and specifications for roads, streets, drainage, water and sewer construction and improvements as specified in this Ordinance and applicable specifications of the VDOT.

b.

Street Layout Shall Promote the Economic Use of the Site.

The street layout shall be designed to create desirable building lots and building sites while respecting existing topography, avoiding impact on wetlands, minimizing street grades, avoiding excessive cuts and fills, and preserving trees to the maximum extent feasible for a reasonable economic use of the land.

c.

Access.

Every lot shall be served from a street constructed to standards of the Virginia Department of Transportation or as prescribed in Section 4-3 of this Ordinance.

d.

Facilitation of Proper Block Configurations.

Streets shall be spaced to allow for blocks meeting the dimensional requirements contained herein and to minimize the number of intersections with existing or proposed arterial thoroughfares.

e.

Separation of Lots from Major Thoroughfares and Arterial Roads.

Where the division of land adjoins a major thoroughfare or arterial road, the plan-approving authority may require that measures to be taken to reduce the impact of heavy traffic on the proposed lots abutting or fronting upon such thoroughfare, to minimize the number of points of vehicular conflict, and to afford separation of through and local traffic, by means of one of the following methods:

(1)

By providing vehicular access to such lots by means of a local street or service drive separated from the highway by a planting strip at least 30 feet in width and connecting therewith at infrequent intervals.

(2)

By designing reverse frontage lots having access only from a parallel local street or feeder street with vehicular access to such lots from the major thoroughfare and arterials prohibited by deed restrictions or other means.

(3)

The combination of driveways into shared driveways between lots.

The choice of the most appropriate method of accomplishing the desired purpose in a specific instance shall be made by the plan-approving authority giving consideration to topography and other physical conditions, the character of existing and contemplated development within the development and its surroundings, and other pertinent factors.

f.

Dual Frontage by Means of Rear Alleys.

Alleys may be provided in residential, commercial and industrial areas to provide rear access to lots where required by design, utility or service needs. In the absence of alleys, easements may be provided for utility lines and/or drainage facilities along rear lot lines if it affords a more appropriate, efficient and resource protecting design.

a.

Size.

Residential blocks shall normally not exceed 1,200 feet in length, or be less than 400 feet in length, between street lines. In any residential block more than 800 feet in length, a cross walkway of not less than 10 feet in width may be required where necessary to provide convenient access to schools, recreation areas, and other community facilities.

b.

Shape.

Irregularly shaped blocks, indented by cul-de-sacs or looped streets, are acceptable given the need to protect resources, to provide common open space and to afford as many lots with adjacency to open space.

c.

Non-Residential Blocks.

Blocks for business or industrial use shall be of such length and width as may be necessary to serve their prospective use, including adequate provision for off-street parking and for the loading and unloading of delivery vehicles.

a.

General Design.

Lot arrangement, design, and orientation, shall be such that each lot shall possess a satisfactory building site, be properly related to topography and the character of surrounding development, and contribute to the development of quality neighborhoods and working environments.

b.

Dimension and Size.

The dimensions and areas of all lots shall comply with the requirements of the zoning district in which they are located. Where public water supply and/or public sewerage are not available or are not to be provided, all residential lots shall comply with the minimum lot dimensions and areas established by the Health Officer after appropriate tests have been performed, which dimensions may be greater than required under the zoning regulations.

c.

Depth to Width Ratio.

Excessive lot depth in relation to lot width shall be avoided. Except for unusual topographic conditions or in response to the position of environmental and/or cultural resources, a ratio of depth to width of two to one shall be considered a desirable maximum. A ratio of depth to width exceeding four to one shall be discouraged.

d.

Access.

Every lot shall abut upon, and/or have access to, a street or road as herein defined.

e.

Double Frontage and Reverse Frontage Lots.

Double frontage and reverse frontage lots shall be avoided, except where their use is essential to overcoming special topographic problems or to separate development from major thoroughfare and arterial roads. These lots may require greater lot depths than normally deemed acceptable by this Ordinance.

f.

Corner Lots.

Corner lots shall provide sufficient width for minimum required setbacks from both streets as required by Section 3-4-4.

g.

Side Lot Lines.

Generally, side lot lines shall be approximately at right angles or radial to the street line, except where a variation to this requirement will provide an improved street or lot layout or is responsive to the topographic or resource features of the site.

h.

Remnants.

Remnants or parcels of land below minimum area in size, shall be added to adjacent lots, developed into parks or permanent open space, or otherwise disposed of rather than allowed to remain as unusable parcels.

i.

Adjacent Lands in Separate Ownership Being Subdivided.

Where the land covered by a subdivision includes two or more parcels in separate ownership, and where the lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to single ownership simultaneously with the recording of the final plat. Said deed shall be deposited with the Clerk of the Court and held with the final plat until the subdivider is ready to record same, and both shall then be recorded together.

a.

Concrete or Stone.

Permanent reference monuments shall be of stone or reinforced concrete, be at least 24 inches in length and 4 inches square or 8 inches in diameter with a suitable center point and shall be set flush with the finished grade. These monuments shall be located at all street corners, at all points where street lines intersect exterior boundaries and at single points and points of curvature and tangency in each street.

b.

Metal.

Monuments of metal pipe shall be at least ⅝ inch in outside diameter. Monuments of solid metal rod shall be one-half inch or more in diameter. These monuments shall be at least 18 inches in length, be set in place flush with the finished grade at all intersections of alleys with streets, at all point on alleys, and boundary lines where there is a change in direction or curvature, and at all lot corners.

c.

Rough Staking for Utility Installation.

Prior to setting monuments, rough staking is permitted for purposes of installing utilities.

d.

Inspection.

Upon completion of subdivision streets, sewers and other improvements, the developer shall make certain that all monuments required by this Ordinance are clearly visible for inspection and use. Such monuments shall be inspected and approved by the Town Manager before any improvements are accepted by the Town.

e.

Replacement.

Any person, developer, builder, firm or corporation shall take the necessary precautions to protect all monuments and metal markers during construction. Any monument which is moved or destroyed shall be immediately reported to the Town Manager and shall be replaced by the developer.

A cemetery shall be considered a division of land for the purposes of this Ordinance and shall be subject to the same general standards and review procedures as any other division but need not comply with the specific design standards for streets, blocks and lots as required for other divisions of land. Any cemetery hereafter established, whether intended for public or private use, shall make provision for public access by a right-of-way at least 50 feet in width.

It is the purpose and intent of these regulations to facilitate the development of circulation systems which permit the safe, efficient, and orderly movement of vehicular traffic.

All plans of development proposing the construction of new roads or private roads and driveways which intersect roads within the system of roads maintained by the Virginia Department of Transportation (VDOT) must submit sufficient data and plans to comply with the submission requirements of the Resident Engineer as well as to demonstrate compliance with the submission requirements of Section 2-2-6 and the zoning and design requirements of this Ordinance.

a.

Comprehensive Plan Requirements.

Transportation systems shall be designed in accordance with future densities and intensities as envisioned by the Comprehensive Plan.

b.

Designed for Present and Future Needs.

Road systems shall be designed to meet but not exceed the needs of present and future populations served, to have a simple and logical pattern which respects resources and the natural terrain, and presents an attractive streetscape.

c.

Hierarchical Road System.

Roads shall be laid out in accordance with a hierarchical design whereby roads are defined by function and traffic levels.

d.

Developer's Responsibility to Complete Street Construction.

All vehicular rights-of-way approved by the Town shall be fully constructed by the developer in accordance with the approved plans. The Town, at its discretion, can require the posting of performance and maintenance guarantees as provided for in Section 2-6 of this Ordinance.

a.

Street Alignment.

(1)

Provision shall be made, wherever practicable, for the continuation of principal existing or platted streets into adjoining areas.

(2)

Streets in predominantly residential subdivisions shall be designed to discourage through traffic.

(3)

Off-set or jog streets shall be avoided unless the distance from centerline to centerline of intersecting streets is at least 150 feet apart.

(4)

The angle of intersection between streets shall be as close to a right angle as possible. No intersection shall have more than (4) street approaches.

(5)

Streets of less than the full right-of-way required by this ordinance shall not be permitted. However, where half streets exist on adjoining property, the remaining right-of-way requirement shall be platted.

(6)

Wherever a proposed subdivision adjoins a major thoroughfare or arterial road, the plan-approving authority may require that access to private property be provided as stipulated in Section 4-2-4e.

(7)

All developments of one hundred (100) or more dwelling units shall have at least two (2) means of ingress and egress. A boulevard type of street design providing a minimum ten-foot (10') wide median between lanes or other design generally achieving the same purpose may be accepted by the plan-approving authority as satisfying this requirement when the provision of two (2) separate means of ingress and egress is determined to be difficult or undesirable. Alternative access by means of bike/hike paths are encouraged and may serve in lieu of a second means of ingress and egress if it can be demonstrated to the satisfaction of the plan-approving authority that the bike/bike path system will reduce the number of motorized vehicular trips to and from the development.

(8)

Reserve strips restricting access to streets or alleys will not be permitted.

b.

Street and Alley Design.

(1)

The right-of-way width for Major Streets shall conform to the widths designated on the Major Street plan, either in existence or proposed.

(2)

All streets shall be constructed with curb and gutter constructed in accordance to VDOT standards. A four foot wide sidewalk shall be provided along both sides of all streets.

(3)

The right-of-way width for streets shall not be less than fifty (50) feet. Rights-of-way which are forty (40) feet in width and meet standards for tertiary roads may be permitted on a case by case basis.

(4)

Cul-de-sacs or dead-end streets shall provide a terminal turn-around having a radius of not less than fifty (50) feet. Cul-de-sacs should not exceed twelve hundred (1,200) feet in length exclusive of the turnaround.

(5)

Streets that terminate temporarily, and thereby take on the character of a dead-end street, shall be provided with a temporary terminal turnaround having a radius of not less than fifty (50) feet.

(6)

Islands positioned within the center of the cul-de-sac turn-around, which possess an eighteen (18) foot radius or less, are encouraged to be installed if a property owners' association with the capacity to maintain the landscaped center islands is to be created and notations to this effect shall be clearly indicated on the approved plan and documents recorded in the Courthouse and filed in the Town Hall.

(7)

Alleys not less than sixteen (16) feet in right-of-way width may be provided in the rear of all commercial and industrial properties unless other provisions are made for parking and service. Alleys may be provided in residential subdivisions if it can be determined by the plan-approving authority that the property owners' association has the capacity to maintain the alleys.

(8)

Transportation system design shall be such that alleys are not used by vehicular traffic desiring to bypass roads more suitable for their passage.

c.

Street Grade.

Grades shall conform to the current requirements of the VDOT.

a.

Site Triangle Area Defined.

Sight triangle shall be required at all intersections. Sight triangles shall include the area on each corner that is bounded by the pavement edge lines from the sight points to their point of intersection and the connecting line (hypotenuse) between the sight point location along a street. The distance between the point of intersection of the pavement edge lines and the sight points shall be determined as shown in Exhibit 7.

EXHIBIT 7
SITE TRIANGLE AREA REQUIREMENTS

b.

Site Triangle Area Clearance.

Signs, plantings, structures and other obstructions which would obscure or impede sight lines between three feet (3') and six feet (6') in height above grade shall be prohibited within the sight triangle area. Street side shade trees planted 40-50 feet on center along rights-of-way are exempt from this requirement as are VDOT-approved traffic control signs.

c.

Site Triangles Depicted on the Plan of Development.

The sight triangle shall be clearly shown and its purposes noted on the Final Plat.

a.

Developer Responsible for Providing Signs.

The developer shall be responsible for the provision of all regulatory and traffic signs required to maintain and ensure traffic safety during and after construction of improvements. This shall include the provision of temporary or permanent regulatory and traffic signs during construction, if required by the plan-approving authority after consultation with the VDOT.

b.

Signs Erected Prior to the Issuance of Building Permits.

All intersections of development streets with existing public roadways shall be provided with appropriate STOP or YIELD signs, as determined by VDOT, prior to the issuance of any building permits for any structure on a lot contained within the development.

a.

Avoid Duplication.

Names of proposed streets shall not duplicate or nearly duplicate the name, spelling or sound of any existing or approved street name within the Town or county or within any portion of an abutting jurisdiction which is in an automatic and mutual emergency response area and/or where such a mutual emergency response agreement has a reasonable potential to be established.

b.

Continuation of Street Names.

Proposed streets which align with planned, recorded or existing streets shall bear the name of the planned, recorded or existing streets. The plan-approving authority, however, may require the use of a different street name when it is determined that such action is in the best interest of public safety.

c.

Street Names of Plan of Development.

Street names shall be indicated on every plan of development and the record plat and shall be approved by the plan-approving authority.

d.

Street Name Changes.

Names of recorded or existing streets shall not be changed except by resolution of Town Council.

a.

Street Signs to be Installed at Intersections.

Permanent street identification signs of a design approved by the plan-approving authority shall be installed at all intersections by the developer. Permanent street signs shall have reflective backgrounds and lettering and shall conform with the size standards indicated on Exhibit 8 based on the existing or anticipated posted speed limit of the roadway to which the sign faces:[.]

b.

Street Signs for Private and Public Streets.

Unless otherwise approved by the plan-approving authority, streets within the state system shall have signs with green reflective backgrounds. Private roads shall have signs with white reflective backgrounds.

c.

Erection of Street Signs before Certificate of Occupancy.

Prior to the issuance of any certificates of occupancy, permanent street identification signs shall be installed by the developer at all street intersections through which access to the lot in question is possible.

EXHIBIT 8
STREET SIGN SPECIFICATIONS

The provisions of this section are intended to ensure that adequate water and sewer facilities are available to serve any permitted use of land associated with habitation or occupancy.

a.

Unlawful Disposition of Human Excrement.

No person in the Town shall deposit any human excrement upon the surface of the ground or in any place where it may endanger a source of drinking water or be accessible to flies or animals.

b.

Powers of Health Officer as to Toilet Facilities and Sewage Disposal Systems.

It shall be unlawful for any person to install or have installed toilet facilities or a sewage disposal system in the Town not connected to facilities of the Town without having first obtained a permit from the health officer. The health officer shall decide the capacity and design and shall approve the location of such toilet facilities or sewage disposal system prior to installation.

c.

Abatement of Offensive Private Sewer System.

Upon complaint of any person that a private sewer system is so situated or maintained as to be offensive, the mayor may, upon summoning the owner or occupant of the premises upon which such system is situated and satisfying himself of the correctness of the complaint, order the same to be removed at once. If such owner or occupant fails to comply with such order, he shall be guilty of a misdemeanor.

d.

Structures Completed Before October 3, 1973.

Structures completed before October 3, 1973, must comply with the requirements of Section 4-4 at such time as the Town's water and sewer facilities are available and ready for use, subject, however, to the following exceptions:

(1)

Metering: Separate metering shall not be required for any dwelling or commercial unit if the owner agrees to pay, and pays, the charges as set forth by the Town.

(2)

Historical Structures: Any structure built before 1875 and deemed by Town Council to be an historical or architectural landmark may be exempted from the provisions of this ordinance upon application by the owner thereof.

(3)

Hardship, Structures without water or sewer: Any structure, or unit within a structure, which is without water or sewer on October 3, 1973 may be exempted from the provisions of this ordinance where Town Council finds that requiring the owner to comply would create an economic hardship and would not otherwise be economically feasible.

(4)

Hardship, Structures with Water and Private Septic Systems: Structures which were connected to the Town's public water system and were equipped with private septic systems on October 3, 1973, may be exempted from connecting to the Town sewerage system where Council finds that due to the construction of the structure, extraordinary cost would be incurred by such connection resulting in an economic hardship on the owner. Such exemption shall continue only for so long as such private septic system is acceptable under applicable health regulations. Where the Town's public sanitary sewers are available but not used, the owner shall pay a sewer hookup fee and bi-monthly sewer bills based upon water consumed.

e.

Location of a Private Sewer System Dangerous to Drinking Water; Exposure to Flies.

No person shall construct, maintain or permit on any premises owned by him any private sewer system not prohibited by ordinance of the Town which may possibly endanger any source of drinking water, or which allows flies to have access to human excrement.

f.

Maintenance of Private Sewer System.

All private sewer systems not prohibited by ordinances of the Town shall be kept in a sanitary condition.

g.

Connections Required; Policy Regarding Extensions Generally.

(1)

The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, constructed subsequent to October 3, 1973, and situated within the franchise territory at a distance not greater than two hundred and fifty feet from any Town owned sanitary sewer line or water main, which can be served by a gravity sewer and to which water and sewer service is available, shall be required to install suitable toilet and disposable liquid waste facilities therein and to connect such facilities directly with the public sewer and to the public water main, when the Town or developer, as the case may be, shall have provided all easements or rights-of-way, if any are required, in which to connect to such public sewer line or water main; provided, that the owner shall be required to construct such line at his own expense. Each dwelling unit or commercial unit within any such house, building or property shall be separately metered.

(2)

Structures completed before October 3, 1973, must comply with this section at such time that the Town's water or sewer facilities are available and ready for use; provided, that any structure built prior to 1875 and deemed by the Council to be an historic or architectural landmark may be exempted from the provisions of this chapter upon application by the owner thereof, provided, further, that separate metering shall not be required for each dwelling or commercial unit constructed prior to October 3, 1973, if the owner agrees to pay, and pays, the charge as set forth by the Town.

(3)

Except as otherwise provided in this Section, every house used as for human habitation, every building operating a wholesale or retail mercantile business, every warehouse, every public building, every recreation or tourist camp, transient lodging house, trailer camp or other place where human beings congregate or are employed in the Town shall be provided by the owner thereof with toilet facilities deemed adequate by the health officer.

(4)

Any person failing to comply with this Section, and any person who shall have failed to comply with the provisions of this Section at the expiration of two years from the date that sewer service becomes available to such person shall be deemed guilty of a misdemeanor. Each day of any such failure shall constitute a separate offense.

(5)

No water or sewer line shall be hereafter extended unless and until the property owners whose properties maybe, or will be, served by such extension have agreed in writing to pay to the Town their pro rata share of the actual cost of installation of such lines, which cost shall be paid either at the time of installation or, at the election of the property owners subject to the approval of the Council, over a period of five years, in five equal installments, carrying interest on the unpaid balance at such rate as may from time to time be set by the Council, and by such agreement make the same a lien on their property, upon recordation of the same in the Clerk's office of the Circuit Court of Richmond. The costs of such recording shall be paid by such property owner.

(6)

Where one or more of the property owners mentioned in Section 4-4-2g(4) refuses to agree to pay for the extension of water or sewer lines as provided in such subsection, one or more of the property owners requesting such extension may pay the share of the person who so refuses. Thereafter, any person who requests connection to either water or sewer which has been paid for by those other than the person owning the property shall pay to the Town his pro rata share of the cost of the line, which will be returned by the Town to the party who has actually paid for the installation or extension of the line, and the person requesting the connection shall also pay to the Town the hookup fee. The cost of any extension shall be figured from the point where the extension joins the existing line to the point of termination.

(7)

Anything in this Section to the contrary notwithstanding, the Town may extend its water and sewer lines within the franchise territory as a capital improvement without landowner assessments, and the cost of any such extensions shall be paid from the Public Works reserve fund of the Town, if such a fund shall have been established, or from such other sources as do not include General Funds of the Town, and in no event shall any such extension be funded from the Town's General Revenue Funds. The extension is deemed a capital improvement when Town Council determines that such extension will make its water and sewer systems available to multiple additional users, will provide additional trunk or lateral lines and will promote substantial economic growth in the franchise territory and its environs.

h.

Developer to Provide Water and Sewer Facilities for New Subdivisions or Developments; Agreements Between Developer and Town Manager for Offsite Construction; Review of Plans.

(1)

The developer of any new subdivision intended for residential or commercial use, or any combination thereof, or the developer of any industrial site shall construct all sanitary sewers and domestic fresh water distribution lines within his subdivision or development at his own expense. Immediately upon completion and acceptance of the construction work, the sanitary sewer and water facilities with necessary easement shall become the property of the Town.

(2)

Where a public water main or sanitary sewer is not available to a new subdivision or development, the developer shall construct necessary water mains and sewer mains and connect his sanitary sewers to one or more suitable private sanitary sewage pumping stations. Sufficient easements shall be provided as per Section 4-13-3b of this ordinance. Immediately upon completion and acceptance of such construction works, the water and sewer works systems shall become the property of the Town.

(3)

Where construction by the developer of an offsite trunk or lateral sewer or water line is deemed to be necessary, feasible or advisable to connect the applicable systems of the subdivision or development to the suitable facilities of the Town, the financial responsibility of the developer, location and details of such construction shall be determined in conference by the developer and Town Manager. All agreements so established shall be in writing and acknowledged by both the developer and the Town Manager. Each such proposed item of offsite construction shall be a separate matter for discussion and agreement.

(4)

The Town Manager shall, in conjunction with the engineers, review and approve, or revise the design plans if necessary to conform with standards acceptable to the Town Manager, as hereinafter specified, for all projects proposed for development, extending and/or constructing water mains and sanitary sewer lines and all pertinent connections, structures and accessories proposed thereto within the Town and/or those lying outside the Town which will connect to the facilities of the Town, prior to any construction of such projects.

In addition to submitting data evidencing compliance with the requirements of Section 2-2-6 and this Section, plan of development submittal requirements must satisfy the requirements of any state regulatory agency reviewing water and sewer proposals.

a.

Town Manager to Review.

The Town Manager shall accept, review and render decisions on applications for water and sanitary sewer service to the premises described in the application from any person who is the owner of or legally represents the owner of land or who is a tenant of land within the franchise territory. The Town Manager reserves the right to approve, revise, request additional data, design or information on or to disapprove any such application or plans pertinent thereto which, in the opinion of the Town Manager, is in the best interest of the Town.

b.

Information Obtainable From Town Manager.

Any developer or owner who proposes to submit an application to the Town for review and approval of plans and specifications for construction of facilities classified hereinafter in Sections 4-4-3d, e and f may examine this Ordinance at the Office of the Town Clerk or obtain copies from the Town Clerk at a reasonable cost.

c.

Existing or New Buildings, etc. Immediately Adjacent to the Town's Utility System.

Applications for water or sewer service for any existing or proposed new individual or multiple dwelling or commercial establishment to which the Town service facilities are immediately adjacent and available shall be made in duplicate on a form prescribed and furnished by the Town Manager for the purpose of such application. Each form shall be accompanied by measurements, maps, drawings and such other data as will clearly establish and indicate the physical location within or with respect to the location of the premises for which the application is submitted and the location on the premises of the services applied for.

d.

Buildings, etc., Not Classified as New Subdivisions and Requiring New Trunk, Lateral or Principal Lines.

(1)

Application shall be made in writing to the Town Manager in instances where service is desired for either water or sewer facilities, or both, for any individual building or group of buildings, whether intended for use for residential or commercial purposes, which are not classified as being the development of a new subdivision or section thereof, which will require the design and construction by the owner of new trunk, lateral or principal lines and any necessary appurtenances thereto in order to reach and connect onto applicable existing facilities of the Town and which such new construction, in its entirety, shall ultimately be accepted as an integral part of the facilities of the Town.

(2)

Such application shall be accompanied by four sets of detailed plans showing accurate plan and profile design drawings of the lines and location, design and identification of all appurtenances and accessories pertinent thereto. It is preferable that such plans show on the same sheet the plan and profile design of the contiguous sections of street or easement and proposed utility, as is indicated by the application.

(3)

Such design and detailed plans and all subsequent revisions thereof shall be prepared and properly signed by a civil engineer registered in the Virginia.

e.

Residential or Commercial Subdivisions, etc.

(1)

Where construction of water and sanitary sewer facilities is proposed by a developer or owner of any new residential subdivision or commercial area, or any combinations thereof, and the facilities are ultimately intended to be accepted into the jurisdiction of the Town as a part of the Town's public utilities system, application for review of the design and plans for all such proposed construction shall be submitted to the Town Manager.

(2)

Such application shall be accompanied by:

-

Four prints of the record plat of the subdivision or applicable section thereof, which shall bear the approval of the Town Council.

-

Four sets of detailed plans showing accurate plan and profile design drawings, the proposed lines and the location, design and indication of all their appurtenances and accessories. It is preferable that such plans show on the same sheet the plan and profile design of the contiguous sections of new street or easement and proposed water and/or sewer facilities. Such design and detailed plans and all subsequent revisions thereof shall be prepared and properly signed by a civil engineer registered in Virginia.

-

If any facilities other than pipelines and their appurtenances are proposed by the applicant or required by the Town Manager for the complete and satisfactory operation of the proposed utilities, such as water storage or pumping equipment, sewage treatment plants, sewage pumping stations or other like equipment, the application shall be accompanied by four sets of detailed plans and specifications on design, equipment, materials and construction of such facilities. Such plans and specifications and all subsequent revisions shall be prepared and properly signed by a civil engineer registered in Virginia Final approval of plans and specifications by the Town Manager will be contingent on approval of such plans by all applicable health authorities.

f.

Industrial Uses.

(1)

Application for proposed water and sewer facilities to serve any type of industrial establishment within the franchise territory shall be submitted to the Town Manager. Volume of utility requirements, types of industrial wastes to be discharged, proposed facilities for pretreatment of industrial wastes and other data pertinent to the industry shall accompany the application.

(2)

Water and sanitary sewer services to serve industrial establishments shall conform to the most relevant and applicable requirements of 4-4-3 as may be governed by the location of the proposed industrial site.

(3)

Any design, plans and specifications, required as stipulated in Section 4-4-3f(2) above, and all subsequent revisions thereof, shall be prepared and properly signed by a civil engineer registered in the Virginia.

g.

Construction to Conform to Approved Plans.

(1)

On receiving an application for water or sewer service as prescribed in this Section, the Town Manager will, within sixty days, approve, with or without revision, or disapprove the application and return one set of the submitted plans to the applicant so marked to indicate the action taken by the Town Manager.

(2)

Construction of any such approved service facilities shall conform strictly with the returned application plans and notations indicated thereon by the Town Manager.

(3)

On receiving an application, the Town Manager will review all data, designs, plans and/or specifications and indicate thereon any revisions, additions, changes or deletions, as considered necessary in order that the proposed construction shall conform to the standards and best interest of the Town.

(4)

After receiving the returned set of plans and/or specifications from the Town Manager, the applicant shall prepare revised plans and/or specifications to conform with such revisions indicated by the Town Manager and resubmit four sets of the revised plans and/or specifications to the Town Manager.

(5)

On receipt of the revised plans and/or specifications, the Town Manager shall check them for conformity with the initially marked revisions. If satisfactory, one of the revised sets of plans and/or specifications shall be returned to the applicant with written approval for construction, contingent upon approval of all applicable health authorities and the submission of required guarantees as provided for in Section 2-6. If for any reason, a disagreement between the Town Manager and the applicant arises relative to the interpretation of the terms and requirements of this policy, the applicant may file an appeal in accordance with Section 2-4-1 for a determination to be made by the Town Council. Such decision shall be rendered at the next regularly scheduled meeting of Town Council following filing with the Council of written notice of such appeal.

(6)

Construction of any public utility facility under the jurisdiction of the Town, and all its appurtenances and accessories, shall be in strict conformance with the final approved set of plans and/or specifications stipulated in the paragraph immediately above.

h.

Fees for Construction of Sewer Service Lines.

Fees for permission to construct sewer service lines shall be as prescribed by the Town Council and shall be paid at the time of application for service.

i.

Request for Permission to Deviate from the Approved Plans.

(1)

In the event an applicant desires to deviate from the plans and/or specifications which have been approved by the Town Manager for construction, or to make any changes or revisions therein, the applicant shall make such request to the Town Manager in writing and state the reasons for his request. Revised plans, specifications and other substantiating data shall accompany the request in such manner, form and quantity as was required for the original application.

The procedure for all parties concerned for processing any such request for deviation from or changes and revisions in initially approved plans and/or specifications for construction shall be the same as stipulated for the original application for the project.

j.

As-Built Plans.

After completion of construction of the public utility facilities from approved plans on any project classified in sections 4-4-3d to 4-4-3f, the developer or owner responsible for the construction shall prepare as-built plans, based on accurate, field obtained information, to show actual conditions of the finished construction. The as-built plans shall be revisions in and permanently indicated changes on the original tracings or master sheets from which were made the plans and/or specifications approved by the Town Manager for construction.

The as-built plans shall show, but may not be limited to, the following:

(1)

Water Line Construction.

-

Scale accuracy location in plan of the line and all installed fittings, such as elbows, tees, crosses and reducers, and all cradle encasement or special construction.

-

Exact measurement to show positive location of all house services, valve boxes, blind or blank-flanged fittings and plugged terminals of lines.

-

The measurements taken for these positive locations shall be taken from adjacent and available fixed and permanent objects such as fire hydrants, centers of sanitary or storm sewer manhole casting covers, corners or lines extended of buildings, power poles, etc.

-

In lieu of recording such positive locations on the plans, the Town Manager will accept such locations shown by neat, legible and separate no-scale sketches with all measurements thereon, when all such sketches or diagrams are recorded in a progressive sequence and clearly identified in a hardcover, permanently bound, field type notebook.

(2)

Sewer Line Construction.

-

Scale accuracy location of manhole invert and top casting elevations and numerical notation of the exact elevations of the same as determined by field survey after construction. Elevations shall be in datum of the Town.

-

Scale accuracy indication of lengths and grades of lines between manholes and numerical notation of the exact lengths and grades, as determined after construction.

-

Scale accuracy location of concrete cradle, encasement or special construction.

-

Location of house services by measurement from the manhole immediately downgrade.

(3)

Sanitary Sewage Treatment Plants and Pumping Stations, Water Pumping Stations, All Other Comparable Construction and Building Structures.

-

Accurate indications of all approved deviations from or changes in location or type of equipment installed and material used.

-

Accurate listings of the name of the manufacturer of all operating equipment installed, together with model or style numbers, ratings capacities and other pertinent information shall be provided.

-

At least three complete sets of operation and maintenance manuals of all operating equipment, and all certificates of inspections, approvals, warranties and guarantees of equipment, materials and installations thereof, required by the project specifications which were approved by the Town Manager shall be provided.

k.

Town's Responsibility For Accepting Sewerage.

The Town's responsibility for accepting sewerage shall begin at the point where sewerage enters the established utility easement or, in the event of easement intrusion, on the Town's side of any and all appurtenances installed for individual use.

a.

Generally.

(1)

Water meters for new customer services shall be installed on the premises, where practicable, in a location which will assure against freezing or damage. They shall be installed as near as possible to the point of entry of the water service pipe. Customers shall be responsible for the cost of repairs from the meter to the premises.

(2)

Water meters installed on the premises shall be used with an outside reading device installed in a location agreeable to the Town Manager and the property owner. The owner shall provide the Town with a finished premises grade elevation for setting the meter.

(3)

Water meters installed on the premises shall not be covered or so obstructed as to prevent ready access for maintenance or repairs.

(4)

After proper installation of water meters, all meters shall be sealed by the Town, and such seals shall not be broken except by permission of the Town Manager.

(5)

No water meter shall be moved or relocated except by town employees.

(6)

Meters which cannot be installed on the premises will be installed at or near the property line.

(7)

The Town shall not be held responsible for water damage caused by burst water meters or connections.

(8)

In case of meter damage causing leakage, the customer may shut off the water by turning the valve off inside the meter box.

b.

Town Employees to Supervise Connections to Water or Sewer Mains; Town Employees or Authorized Plumbers to Turn on Water Service.

(1)

It shall be unlawful for anyone except employees of the Town or persons approved by the Town Manager, under the supervision of the Town, to make any connection with the water or sewer mains of the Town water or sewer systems. Any person violating this Section shall be guilty of a misdemeanor.

(2)

It shall be unlawful for anyone other than Town employees or plumbers with permission to turn on water service at the water meter or property line connection.

c.

Right of Entry of Town Manager and Agents.

The Town Manager or his duly authorized agent shall have the authority to enter at reasonable times any lot or house wherein town water or sewer service is used to determine if there is any waste of water or malfunctioning system, and to inspect the plumbing.

d.

Authority of Town Manager to Regulate Use of Water During Emergency.

Whenever the public water supply diminishes to the extent that, in the judgment of the Town Manager, the public health, safety and welfare are in danger, he may declare the existence of a water emergency. Whenever such emergency is declared, the public shall be notified by the publication of an emergency proclamation once a day for two successive days in a newspaper of general circulation throughout the area served or by the distribution of printed circulars in the area served. Such proclamation shall contain all the rules and regulations governing the use of water throughout the length of such period, and anyone violating any of the provisions thereof shall be guilty of a misdemeanor.

a.

Generally.

(1)

Materials, workmanship and procedures used in water and sewer construction work performed pursuant to this Section shall be in accordance with the standards and specifications established or approved by the Town Manager and all applicable health authorities.

(2)

During the progress of the work, the Town Manager or the duly authorized engineers, inspectors or others who are directly concerned with the work shall have access to the locations of construction for the purpose of establishing to their satisfaction that the projects are being constructed to town requirements and in accordance with approved plans and specifications.

(3)

After completion of the facilities, and on written request of the developer or owner responsible for the construction, the Town Manager shall make a final comprehensive inspection of the completed projects and shall be satisfied as to conformance to plans and specifications before accepting the facilities to become a part of the public utilities system of the Town.

b.

Final Inspections[.]

(1)

At the completion of construction of any project of public utility facilities on any project classified in sections 4-4-3d, 4-4-3e or 4-4-3f, the developer or owner responsible for the construction shall notify the Town Manager, in writing, that the work has been completed. Together with the notification of completion, there shall be submitted to the Town Manager all as-built plans, specifications and such other data and addenda relative thereto which is required by Section 4-4-3j.

(2)

On receipt of the notification and as-built information as required, the Town Manager or his representative shall make a final comprehensive inspection of the constructed facilities, examining in detail for conformance of the work with approved plans and specifications, alignment of sewer lines, infiltration leakage, workmanship, operation of equipment and other factors to the satisfaction of the Town Manager and best interest of the Town.

(3)

A responsible representative of the developer or owner shall accompany the Town Manager on the final inspection. The developer or owner shall furnish whatever labor is necessary for conducting the final inspection.

(4)

Deficiencies which are found to exist during the inspection shall be pointed out to the developer's or owner's representative. Subsequent to the inspection, the developer or owner shall be furnished, in writing, a summary of the deficiencies found are corrections of which are required.

(5)

On notification that all construction deficiencies have been completed, the Town Manager will inspect all such work.

c.

Acceptance of New Construction.

The Town Manager shall accept newly constructed water and sanitary sewer service facilities, classified in Sections 4-4-3d, 4-4-3e and 4-4-3f, on satisfaction of the following conditions:

(1)

That all requirements of section 4-4-5b have been fulfilled in the opinion of the Town Manager.

(2)

That all matters relative to specific contracts between the developer or owner and the Town Manager are in order.

(3)

That payment has been made by the developer or owner for all fees relative to applications and inspections.

(4)

That a civil engineer registered in the Virginia certifies that the work has been completed in accordance with the approved plans and specifications.

(5)

That explicit understanding exists between the developer or owner and the Town Manager that the developer or owner shall be responsible for and obligated to correct any deficiencies in construction for a period of one year from the date of acceptance of the facilities by the Town. This condition shall be stipulated in the written form of acceptance issued by the Town Manager after a maintenance guarantee, as required by Section 2-6, is submitted to and deemed acceptable by the Town Manager.

(6)

Acceptance of the newly constructed facilities, when approved by the Town Manager, shall be made in writing to the developer or owner responsible for the construction. The issuance of the written form of acceptance of any such facilities shall constitute an irrevocable agreement between the developer or owner responsible for construction and the Town Manager, acting for the Town and any of its officers, agents, servants or employees, shall be saved harmless by the developer or owner from liability and responsibility of any nature and kind for costs of or payments on labor, equipment or materials used in construction of the accepted facilities or on account of any patented or unpatented invention, process, article or appliance manufactured for or used in construction of or for the intended operation of the accepted facilities.

a.

Generally.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into any public sanitary sewer.

b.

Water/Waste Materials Prohibited to be Discharged into Any Public Sanitary Sewer.

Except as hereinafter provided or under conditions specifically approved and detailed in writing by the Town Manager, no person shall discharge or cause to be discharged into any public sanitary sewer any of the following water or wastes:

(1)

Any water or waste which may contain more than one hundred parts per million, by weight, of fat, oil or grease.

(2)

Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquids, solid or gas.

(3)

Any garbage resulting from preparation, cooking and dispensing of food which has not been properly shredded in approved household garbage grinding units.

(4)

Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.

(5)

Any waters or wastes having a PH value lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

(6)

Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant.

(7)

Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(8)

Any noxious or malodorous gas or substance capable of creating a public nuisance.

c.

Grease, Oil and Sand Interceptors.

(1)

Grease, oil and sand traps or interceptors shall be provided by the owner when, in the opinion of the Town Manager, they are necessary for the proper handling of liquid wastes containing any of the ingredients prohibited in section 4-4-6 or any other of a flammable or harmful nature; except, that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Town Manager and engineers. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gas and watertight.

(2)

Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

d.

Administrative Approval for the Admission and Treatment of Certain Waters.

(1)

The admission or proposed admission into the public sewers of any waters or wastes resulting from any industrial or manufacturing process, products or comparable activity shall be subject to the review and approval of the Town Manager.

(2)

When necessary, in the opinion of the Town Manager, the owner of any such industrial or manufacturing establishment shall provide, at his expense, such preliminary treatment of his industrial waters or wastes as may be required to reduce objectionable characteristics or constituents or to satisfy any other condition which the Town Manager may decide is advisable in order to allow the admission of such waters or wastes into the sanitary sewers.

(3)

Plans and specifications and any other pertinent information relating to required or proposed preliminary treatment facilities shall be submitted for the review and approval of the Town Manager. No construction of any such facilities shall be started until such approval has been obtained in writing. Any such pretreatment facilities shall also be approved by all applicable health authorities.

e.

Prohibited Discharges into Any Water Supply Source.

It shall be unlawful to put any offensive or contaminating substance in any lake, reservoir, spring, stream, well or cistern supplying water to the Town or to any of the inhabitants of the Town, or to allow any offensive or contaminating liquid to flow into such lake, reservoir, spring, stream, well or cistern.

f.

Molesting, Injuring, Interfering with, etc., Water or Sewer System Appurtenances.

It shall be unlawful for any person to deface or injure any stopcock valve, fire plug or public hydrant, sewer manhole, pipes or anything connected within the Town waterworks or sewage works; or throw or deposit any building material, rubbish or other matter on the stop box of a service pipe, valve box, fire plug, meter, sewer line or manhole; or cover up either with dirt or other material, or to remove or injure any cap or screw of a stop box, valve, fire plug, meter, manhole or hydrant or open any of them, or in any way molest them without authority from the Town Manager; except, that in case of fire or when cleaning the fire hose, firemen are authorized to use the fire plugs, and in cleaning or sprinkling streets, or for other Town purposes, the fire plugs, valves, etc., may be used by employees of the Town under the direction of the Town Manager.

g.

Restrictions on Use of Water from Fire Prevention Devices.

No water for any other purpose than fire prevention or protection shall be taken from or through a connection for an automatic sprinkler system or other private fire protection system, except upon permission from the Town Manager.

h.

Restrictions on Water-Cooled Refrigeration/air Conditioning Devices.

It shall be unlawful for anyone to install in one building an air conditioner, any refrigerating device or any device of any kind which uses Town water for cooling purposes or to replace any such existing air conditioner, refrigerating device or such other device or equipment, unless such device or equipment is used in conjunction with a recirculating mechanism which is designed to reuse not less than ninety percent of the water used for cooling; except, that in any one building one air conditioner, one refrigerating mechanism or one other such device using town water and having a capacity of three tons or less may be installed without such recirculating mechanism, upon approval of the Town Manager.

The purpose and intent of this Section is to ensure the adequacy of fire protection and emergency services to all citizens of the Town.

Plans of development shall demonstrate compliance within the requirements of Section 4-5-3.

a.

Access.

All buildings on a site shall be readily accessible to emergency vehicles and apparatus.

b.

Fire Lane/Fire Apparatus Space - Commercial, Industrial Uses.

At a minimum, a building shall have twenty-five percent (25%) of its perimeter fronting on a public or private street or on a fire apparatus space unobstructed for at least thirty (30) feet in width. Depending upon a building's design configuration and use, as well as the location of its entrances, a fire apparatus space or a fire hydrant, this requirement may be modified by the plan-approving authority. A fire apparatus space shall be accessible from the street by a posted fire lane at least twelve (12) feet in width. Fire lanes and fire apparatus spaces shall be identified by appropriate signage and pavement markings. These areas shall not be obstructed so as to impede fire apparatus access. Fire lanes need not be separate accessways but may be incorporated as part of an individual site's access driveway system or off-street parking aisles, so long as they are properly identified.

c.

Fire Hydrants.

Fire hydrants shall be located along all street rights-of-way in areas served by central water systems. Notwithstanding these requirements, hydrants and other fire suppression systems shall comply with all state standards. In areas not served by public water, the Town may require the installation of a deep well with a hydrant system, a screened standpipe in a perennial stream, sprinkler systems or other fire suppression systems necessary to ensure an adequate level of emergency service.

d.

Plan of Development Disapproval Given Inadequate Fire Protection Capability.

The Town Manager reserves the right to solicit comments from the fire department and other public safety officials during the review of a major plan of development. No plan of development will be approved if sufficient fire suppression measures are not in place to protect the health, safety and welfare of the citizenry or if adequate measures are not made a part of the development proposal. It is the responsibility of the applicant to provide whatever improvements are necessary to ensure adequate fire suppression capability for a proposed development.

e.

Plan of Development Filing with the Fire Department.

A copy of all approved plans of development for commercial and industrial sites shall be provided to the fire department for their information and files.

It is the purpose and intent of these regulations to ensure that developments shall be provided with such storm drains, culverts, drainageways, or other works as are necessary to collect and dispose of surface and storm water originating on or flowing across the development, in order to prevent inundation and damage to streets, lots, and buildings, and to improve the water quality of the Chesapeake Bay and its tributaries.

a.

Compliance with Requirements of this Section.

Plan of development proposals shall include the submission of sufficient evidence in the form of plans and attachments which establish that the plan complies with the requirements of this Section.

b.

Stormwater Management Plan.

The preliminary submission of a plan of development shall be accompanied by a storm water management plan, if and as required by the Town Manager, showing sufficient information to enable a determination to be made relative to the improvements necessary for controlling storm water runoff, including drainage plans and flood control devices. This plan shall show natural drainage patterns and any proposed drainage improvements, including pipe sizes and types, stormwater detention and retention facilities, drainage easements and any other means for transporting drainage waters to a well-defined open stream. Areas subject to periodic flooding (100-year flood) shall be delineated on preliminary and final plans of development.

c.

Continuing Management Plan.

A continuing management plan, including a property owners' association or other appropriate maintenance entity as is necessary and which has the capacity to maintain the drainage facilities, shall be submitted for all elements of the drainage and flood control system which will not be the explicit maintenance responsibility of the Town or the VDOT. The developer shall provide assurance that all facilities are in good repair and properly functioning when the development has been completed and prior to the responsibility for continuing maintenance and ownership of drainage systems being conveyed to the designated maintenance entity.

a.

Provision of Drainage and Stormwater Management Facilities.

(1)

Drainage and stormwater management facilities shall be provided, either on-site or off-site, to reduce drainage flows, pollutants, and sediment loading from the development to a level not exceeding the conditions prior to development, or to a lesser level, if deemed necessary to comply with the provisions governing pollutant and sediment discharges associated with the Chesapeake Bay Preservation Act.

(2)

The plan-approving authority shall approve, or approve with modifications, only those stormwater management facilities which comply with the intent of this Ordinance or with adopted overall drainage plans and policies, if any. In this regard, the plan-approving authority shall not generally approve, except as a temporary measure, on-site stormwater management facilities as an alternative to contributing to planned regional stormwater management systems, if and when such a management system is in effect.

(3)

All management facilities shall be designed and constructed in accordance with Section 4-6 as supplemented by the latest editions of the Virginia Erosion and Sediment Control Handbook and the VDOT Drainage Manual, locally adopted regional stormwater management programs incorporating pro-rata share payments pursuant to the authority provided in Section 15.1-466(j) of the Code of Virginia that result in achievement of equivalent water quality protection, Best Management Practices guidance documents, as well as regulations, or policies adopted by the Commonwealth or the Town pursuant to the Chesapeake Bay Preservation Act.

b.

Drainage Easements.

Where a development is traversed by a water course, drainage way, channel or stream, there shall be provided a drainage easement of sufficient area and width to protect and preserve the aforementioned feature. Drainage easements shall be designed and drainage structures constructed in such a manner as to reduce the burden of maintenance and provide adequate access for necessary maintenance.

c.

Drainage of Rights-of-Way.

All public rights-of-way shall be drained in accordance with the requirements of VDOT.

d.

Appropriate Grading Considerations.

(1)

No storm water runoff or drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.

(2)

Lots shall be graded to secure proper drainage away from buildings and prevent the ponding of stormwater unless within an approved retention or detention basin.

(3)

No grading shall occur within 100 feet of any perennial watercourse or wetland except as provided for specific waterfront erosion control, water-dependent facilities or for necessary utilities and street construction.

e.

Maintenance of Existing Drainage Patterns.

In general, the design of a development shall be such as to minimize grading and disturbance of natural vegetation. Natural contours and storm water channels shall be respected and retained where possible.

f.

Minimize Impervious Surface Areas.

(1)

A stormwater management plan shall preserve natural drainageways and wetlands, maximize infiltration of stormwater and minimize off-site discharge of storm water.

(2)

In general, impervious surfaces near waterways and wetlands shall be avoided; grass swales shall be utilized and curb and gutter and paved ditches shall be avoided except where necessary to prevent erosion in accordance with the standards of Section 4-7.

Stormwater management areas include retention and detention basins, drainage ditches and swales, and wetlands areas. Sensitively designed basins and swales can benefit the health, safety and welfare of Town residents. The integration of these areas as desirable landscape features, naturalized wetland areas, or active and passive recreation areas, in addition to their stormwater management function is strongly encouraged whenever possible.

a.

Stormwater Detention Areas.

One of the following landscape concepts for stormwater detention areas, or an alternative concept complying with the general statement set forth above, shall be used.

(1)

Reforestation.

This landscaped treatment is most appropriate for detention basins and drainage areas that are adjacent to areas of mature woodlands or wetlands. It reverts the disturbed area to a revegetated, stable, low-maintenance, natural landscape asset over time.

The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge.

This shall include gentle berming. Linear, geometric basins are not desirable.

The quantity of trees to be planted on the interior of the basins shall be equal to the number of trees that would be necessary to provide canopy cover of the entire area to the high water line or outflow elevation. Ten percent (10%) of the trees shall be two and one-half (2½) inches to three (3) inches caliper, twenty percent (20%) shall be one (1) inch to two (2) inches caliper, and seventy percent (70%) shall be six (6) feet to eight (8) feet high whips.

Plantings shall not be located within twenty (20) feet of low flow channels to allow for channel maintenance. The trees shall be spaced five (5) feet to fifteen (15) feet on center. The ground plane of the basin shall be seeded with a naturalization wildflower, and/or meadow grass mix. All woody and herbaceous plants shall be species indigenous to the area and/or tolerant to typical wet/dry floodplain conditions.

The perimeter area (slopes above the high water line) shall include shade trees evergreen trees, ornamental trees, and shrubs screening drainage structures and creating visual interests in accordance with the landscaping requirements of Section 4-11-5f.

Provisions for emergency access as well as general maintenance of the basins shall be provided. Plantings shall be designed to disguise yet not hinder vehicular access.

Plantings are not permitted upon any dikes associated with a detention basin.

(2)

Recreation/Open Space Feature.

This landscape concept is appropriate in situations where a basin is the largest or only portion of open space in an area, or is adjacent to existing open space and/or recreational open space is desired.

The objective in these situations is to integrate the area into the landscape using topography and plantings in order to complement the function of the area and to provide a visually interesting landscape feature and/or recreation space. The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This may also include gentle berming. Perimeter plantings shall be provided in accordance with the landscape requirements of Section 4-11-5f supplemented by vegetation to screen the view of drainage structures.

In order to provide recreational open space, concentrate frequently flooded detention in a basin area (five (5) to ten (10) year storm volume) and provide a gently sloping, less often flooded area (ten (10) to one hundred (100) year storm volume) as a recreational open field space. Provide ballfields and/or open play areas integrated with plantings in a park-like manner.

b.

Stormwater Retention Areas - Open Space/Recreation Features.

This landscape treatment can take on a variety of landscape forms, from formal reflecting pools fountain features to natural park-like lakes and ravines.

(1)

Water fountains/features are encouraged in the design of developments.

(2)

The water's edge shall be easily maintained and stable. Possible treatments might include rip-rap, stone walls, natural plantings, decking, and bulkheads.

(3)

The planting of the perimeter of the feature shall accentuate views and integrate pedestrian paths, sitting areas, and other uses.

(4)

Plantings shall include formal or informally-massed deciduous and evergreen trees and shrubs to screen and frame views with ornamental trees, shrubs, and grasses used for visual interest or special effects. Landscaping shall be implemented in accordance with the requirements of Section 4-11-5f.

(5)

If used as a recreational feature, the connection to the water must be addressed and controlled. The types of uses shall be specified, and the plantings and pedestrian/vehicular parking spaces shall be integrated with these uses.

(6)

Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities.

(7)

All engineered basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading, and planting.

c.

Development Sampling.

If the major plan of development is approved and constructed, a set of tests shall be taken by the developer at the discretion of and at a time decided by the Town Manager, but not after performance and maintenance guarantees have been released. All results and comparisons shall be given to the Town Manager for review and analysis. Performance and maintenance guarantees may be applied to remediate any water-quality degrading or degraded conditions, which in the opinion of the Town Manager, are as a result of the implementation and construction of the plan of development.

a.

Applicability.

The developer shall be required to pay a pro rata share of the cost of providing reasonable and necessary drainage improvements located outside of the property limits of land owned or controlled by him when all of the following conditions exist:

(1)

The plan-approving authority determines that such off-site improvements are necessitated at least in part by the construction or improvement of the development.

(2)

The Town has established a general drainage improvement program for an area having related and common drainage conditions. The developer's property must be located within the designated area covered by this program.

(3)

The estimated cost of the total drainage improvement program has been determined.

(4)

The estimated storm water runoff has been established for the designated area served by such program.

b.

Cost Determination.

The developer's share of the estimated cost of improvements shall be limited to the proportion of such estimated cost which the volume and velocity of storm water runoff to be caused by his development bears to the total estimated volume and velocity of runoff from such area in its fully developed state. The developer shall pay all costs and construct the improvements unless the conditions listed in 4-6-a(1)—(4) are met. Improvements shall be guaranteed and constructed in accordance with a construction phasing plan approved by the Town.

c.

Payment Provisions.

Any cash payment received by the Town shall be expended only for construction of those facilities identified in the established drainage facilities improvement program and until so expended, shall be held in a separate account for the individual improvement program.

The purpose of this Section is to conserve the land, water, air and other natural resources of the Town of Warsaw and promote the public health and welfare of the people of the Town by establishing requirements for the control of erosion and sedimentation, and by establishing procedures whereby these requirements shall be administered and enforced.

This Section is authorized by the Code of Virginia, 1950, as amended, Title 10, Chapter 5, Article 4, (Section 10.1 560-571), known as the "Erosion and Sediment Control Law."

a.

Preliminary plans.

As part of the plan of development process, the applicant may submit a preliminary erosion and sediment control plan. The preliminary plan should contain sufficient information to facilitate a meaningful discussion and enable the Richmond County Land Use Administrator as agent of the Town to offer constructive advice. Information pertaining to the site which would enable this to occur are as follows:

(1)

All major soil types;

(2)

Approximate limits of clearing and grading;

(3)

Tentative means of erosion and sediment control;

(4)

Phasing of development to minimize area and duration of exposure;

(5)

Contour lines.

b.

Final Plans.

The applicant shall submit five (5) copies of black or blue-line plans along with an application available from the County Land Use Administrator. The final plan shall consist of the narrative and plan map as described in Chapter 6 of The Virginia Erosion and Sediment Control Handbook.

(1)

The plan map shall be prepared at a scale of not less than 1" = 100' or as accepted by the County Land Use Administrator and shall incorporate good engineering practices designed according to The Virginia Erosion and Sediment Control Handbook guidelines as well as VDOT Drainage Manual, where appropriate.

(2)

The plan map shall contain all information necessary for carrying out the conservation measures and shall also include a scale, north arrow, date, owners of record, engineers certificate (if required), approval signature block, key map at a scale of no less than 1" = 2,000', and contour lines.

(3)

The map will show other information as required by the County Land Use Administrator.

(4)

The plan preparer will be responsible for guiding the contractor toward properly implementing the plan on all land-disturbing activities where the cost of implementation is expected to exceed $25,000.

a.

Applicability.

Any land disturbance in excess of 2,500 square feet may result in soil erosion from water or wind and the movement of sediments into State waters. These activities include, but are not limited to, clearing, grading, excavating, transporting and filling of land.

b.

Exemptions.

Land disturbing activities which are exempted are listed in Section 2-2-2 of this ordinance.

c.

Criteria, Standards and Specifications for the Preparation of an Erosion and Sediment Control Plan.

(1)

Persons submitting plans in accordance with this Section shall be governed by the criteria, standards and specifications established in Chapter 6 of The Virginia Erosion and Sediment Control Handbook. In the case of a land-disturbing activity for the construction of a single family dwelling, the County Land Use Administrator may waive the requirement for a full erosion and sediment control plan as set forth in this Ordinance. In the case of the granting of such a waiver by the County Land Use Administrator, an Agreement in Lieu of an Erosion and Sediment Control Plan, which is signed by the applicant and approved by the County Land Use Administrator, shall constitute authorization under this Ordinance to conduct land-disturbing activity allowed by the Agreement. Such agreement shall set forth all conservation measures to be carried out and maintained, shall grant right-of-entry to the County Land Use Administrator and his designees, and shall make the project subject to all review, inspection, and enforcement provisions of this Ordinance which apply to approved erosion and sedimentation control plans.

d.

Plan Review.

(1)

The County Land Use Administrator has been designated as the plan-approving authority for the Town. Plans will be routinely transmitted to the County for approval. The Northern Neck Soil and Water Conservation District may be called on by the Town Manager to conduct a non-binding review of any plan. In reviewing plans, the County Land Use Administrator may also seek or receive recommendations or comments from VDOT, the Health Department and such other agencies that are deemed to have some responsibility in this area.

(2)

The County Land Use Administrator shall, within 45 days, approve any erosion and sediment control plan submitted to him if he determines that the plan meets the conservation standards of the local control program and if the person responsible for carrying out the plan certifies that he will properly perform the erosion and sediment control measures included in the plan and will comply with the provisions of this Ordinance.

(3)

When a plan is determined to be inadequate, the County Land Use Administrator, within 45 days of receipt, shall give written notice of disapproval stating the specific reasons for his disapproval. The County Land Use Administrator shall specify such modifications, terms and conditions as will permit approval of the plan and shall communicate these requirements to the applicant. If no action is taken by the County Land Use Administrator within the time specified above, the plan shall be deemed approved and the person shall be authorized to proceed with the proposed activity.

(4)

An approved plan may be changed by the County Land Use Administrator in the following cases:

Where inspection has revealed the inadequacy of the plan to accomplish the erosion and sediment control objectives of the Ordinance, plan changes can be required without approval of the person responsible for carrying out the plan in order to comply with The Virginia Erosion and Sediment Control Handbook, which is assumed to be an integral part of every plan; or

Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out, and the proposed amendments to the plan, consistent with the requirements of this Ordinance, are agreed to by the County Land Use Administrator and the person responsible for carrying out the plan.

e.

Issuance of Grading, Building or Other Permits.

(1)

The Richmond County Building Official, who is authorized by the Town of Warsaw to issue building or other permits for land-disturbing activities shall not issue such permits unless:

The applicant submits with his permit application the approved erosion and sediment control plan and certification that the plan will be followed; or

There is a Certificate of Compliance, Part A from the Town Manager indicating compliance with the plan of development requirements of this ordinance or sufficient evidence that a plan was submitted and no action was taken within forty-five days; or

There is certification from the Virginia Division of Soil and Water Conservation that the plan has been approved. (A plan for which land-disturbing activities involve lands under the jurisdiction of the Town of Warsaw and one or more other localities may, at the option of the applicant, be submitted to the Virginia Division of Soil and Water Conservation for review and approval, rather than submission to each jurisdiction concerned. However, if the applicant chooses to submit his plans to the Virginia Division of Soil and Water Conservation rather than the local jurisdiction, he shall notify, by certified mail, the Town Manager of his intention at the same time of submittal.); [or]

A performance bond has been submitted to and accepted by the County (single family dwellings constructed with an approved plan are exempt from this requirement).

(2)

When the County Land Use Administrator does not have documentation in hand that the person responsible for carrying out the plan has certified that he will properly perform the control measures included in the plan, the Town Manager shall withhold issuance of a Certificate of Compliance, Part A until he has obtained the certification of performance.

f.

Erosion and Sediment Control Agreement.

An agreement shall be executed by each applicant for an approved erosion and sediment control plan to provide right-of-entry by the County for the purpose of inspection, monitoring, and installation, or maintenance of erosion and sediment control measures should the applicant fails to comply with the approved plan.

It is the purpose and intent of this Section to reduce the adverse impacts of overhead utility lines by requiring all utility facilities proposed within major plans of development to be located underground.

Each plan of development shall show the location and type of wired utilities on the plan of development.

a.

Major Plan of Development Utilities Underground.

All utility facilities proposed within major plans of development, including but not limited to wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric, telephone, cable television or similar service shall be placed underground. The plan-approving authority may waive this requirement in the case of unusual topographic conditions.

b.

Exemptions.

The following shall be permitted above ground:

(1)

Electric transmission lines and facilities in excess of fifty (50) kilovolts;

(2)

Equipment such as electric distribution transformers, switch gear, meter pedestals, telephone and cable television pedestals, outdoor lighting poles or standards, traffic control devices, and associated equipment, which is, under accepted utility practices, normally installed above ground;

(3)

Meters, service connections and similar equipment normally attached to the outside wall of the customer's premises;

(4)

Temporary above-ground facilities required in conjunction with an authorized construction project;

(5)

Facilities necessary to extend utility service to the property line of the site under development.

c.

Existing Above-Ground Utilities Grandfathered.

Existing above-ground facilities may be maintained or repaired provided that such repair does not involve relocation. Whenever any existing on-site above-ground utilities require relocation for any reason, they shall be removed and placed underground. Single family homes are exempt.

d.

Utilities to be Located Within Easements.

All utilities shall be placed within easements as per Section 4-13 or public street rights-of-way or as may be otherwise approved by the plan-approving authority. All utilities should be positioned together so as to minimize the disturbance of natural areas.

The purpose and intent of these regulations is to preserve and protect significant and sensitive natural and cultural resources, and provide active and passive recreational opportunities for the citizens of Warsaw.

Plans of development shall identify the location and type of common open space and the type of recreational uses and facilities if they are proposed to be provided.

As a landscape feature and asset, open space is encouraged in all developments. The objective of open space is to provide the opportunity and space for active and passive recreation in all areas of human activity and residence, to protect natural amenities such as wooded areas, water bodies and streams, and to contribute to the quality of life of Warsaw residents.

Pedestrian spaces shall be designed to promote free and safe movement of pedestrians and bicycles into, between, and through proposed and existing facilities and to provide pleasant pedestrian spaces at building entrances and development centers.

Pedestrian and bicycle paths shall be required along public roadways, parking lots, and to adjacent land uses where deemed necessary by the plan-approving authority.

a.

Ownership Methods.

The type of ownership of land dedicated for open space purposes shall be selected by the owner or developer, subject to the approval of the plan-approving authority. Open space areas shall be maintained so that their use and enjoyment as open space is not diminished or destroyed. Common open space areas shall be owned, preserved and maintained permanently by any of the following mechanisms or combinations thereof:

(1)

Dedication of common open space to an appropriate public agency, if there is a public agency willing to accept the dedication.

(2)

Common ownership of the open space by a Property owners' or Homeowner's Association or a similar entity approved by the plan-approving authority.

(3)

Deed-restricted private ownership which shall prevent development and/or subsequent subdivision of the common open space land and provide for the maintenance responsibility of the deed restriction.

b.

May Not Be Dissolved.

Ownership organizations shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain common open space for the benefit of the development.

c.

Property Owners' Association.

If the open space is owned and maintained by a property owners', homeowners' or condominium association, the developer shall submit a declaration of covenants and restrictions that will govern the association, with the application for the preliminary approval. The provisions shall include, but are not necessarily limited to, the following:

(1)

The property owners' association must be established before the lots are sold.

(2)

Membership must be mandatory for each property buyer and any successive buyer.

(3)

The open space restrictions must be permanent, not just for a period of years.

(4)

The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

(5)

Property owners must pay their annual pro rata share of the cost; the assessment levied by the association may become a lien on the property if provided for in the master deed establishing the property owners' association.

(6)

The association must be able to adjust the assessment to meet changed needs.

d.

Maintenance of Common Open Space and Public Use Areas.

(1)

Plants shall be checked periodically to determine if pruning is necessary. Pruning shall include the removal of dead or diseased wood, wood infested with insects, weak or structural defects in the wood, excessive suckers and shoots, and any irregular or damaged growth. Care shall be taken to prune flowering trees and shrubs properly during the dormant season or after flowering. Evergreen shrubs shall be pruned after flowering. Plants that are intended for screening or buffering shall be pruned in natural massed forms so as to enhance the plants' natural growth. Root pruning of all trees adjacent to curbs or sidewalks shall be undertaken as necessary to prevent heaving of the sidewalk/curb by excessive roots. The need for such pruning shall be determined during the periodic inspection and with knowledge of the most recent pruning.

(2)

The control of insects and disease associated with all planting areas shall be a maintenance priority. All plantings shall be periodically inspected for insect or disease infestation. Methods utilized to control insects and disease may range from spraying and pruning to plant removal. Whatever method is utilized, safety and control shall always be of prime concern. Certified and trained personnel shall always perform this task.

(3)

All plantings which are damaged or destroyed shall be replaced during the next planting season. A failing, damaged, or destroyed landscape screen with buffer shall be renovated or replaced within a reasonable amount of time, but not to exceed the subsequent growing season.

(4)

Site amenities include, but are not limited to, tot lots, play structures, benches, tables, bridges, paths, fences, walls, banks, bicycle racks, and signs. All of these amenities shall be periodically inspected. Any damaged, worn, or unsafe conditions shall be rectified immediately.

(5)

All lighting essential to pedestrian and vehicular circulation shall be periodically inspected. Damaged or malfunctioning lights shall be replaced or repaired immediately.

(6)

All paved surfaces shall be periodically inspected and maintained. Items of normal maintenance not listed below but found to be necessary shall be performed as soon as possible to keep these surfaces safe and in satisfactory condition.

(7)

All roadways, parking areas, loading areas, and pedestrian walkways shall be maintained free of snow, trash, and debris at all times.

(8)

Damaged pavements shall be repaired and properly resurfaced or replenished as necessary to assure a neat appearance and safe usage.

e.

Failure to Maintain Common Open Space.

(1)

In the event that a non-public organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the Town Manager may serve written notice upon such organization or upon the owners of the open space detailing the manner in which the organization has failed to maintain the open space in reasonable condition. This notice shall include a demand that such deficiencies of maintenance be remedied within thirty-five (35) days thereof or a period of time deemed reasonable given the severity and circumstances present and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice, unless the deficiency has been corrected or arrangements satisfactory to the Town Manager have been made before the hearing date.

(2)

At such hearing, the Town Council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the Town, in order to preserve the open space and its use, and maintain the same, may enter and maintain such land for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration date of said year, the Town shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days written notice to such organization and to the owners of the development, to be held by the Town Council, at which hearing such organization and the owners of the development shall show cause why maintenance by the Town shall not, at the election of the Town, continue for a succeeding year. If the Town Council shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Town shall cease to maintain the open space at the end of the year. If the Town Council shall determine such organization is not ready and able to maintain the open space in a reasonable condition, the Town may, at its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the Town Council in any such case shall constitute a final administrative decision subject to judicial review.

(3)

The cost of such maintenance by the Town shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the property owners' agreement. The imposition of a lien shall be applied to the subject property and shall be enforced and collected by the Town.

f.

Town Acceptance or Acquisition of Common Open Space.

(1)

Any lands offered to the Town of Warsaw shall be located and of a size that will best suit the purposes for which the lands are intended, and be conveyed by deed at the time final approval is granted subject to approval by the plan-approving authority (and the Town Council where lands are offered to the Town). The Council shall be guided by the Comprehensive Plan, the accessibility and potential utility of such lands, and existing features such as excessive topography, troublesome soils and wetlands which may detract from the potential utility of the site. The plan-approving authority may request an opinion from other public agencies or individuals as to the advisability of accepting any lands to be offered.

(2)

Where a proposed park, public waterway and/or waterfront access site, playground, school, refuse container site, public safety facility or other public facility or public use as shown on the Comprehensive Plan is located in whole or in part on land within a development, the land shall be dedicated or reserved for purchase by the Town or other appropriate agency. Where large scale development occurs necessitating additional community facilities not shown on the Comprehensive Plan, the Town may require the dedication or reservation of new sites.

(3)

Land reserved for public purchase shall be shown on recorded plats as lots by means of dashed lines and numbers on the preliminary and final plats and may be sold as such without filing an amended plat. If public action to acquire the land has not been initiated within 18 months of recording the final plat, the owners of said lots may obtain permits for the development given the Town's relinquishment of rights to purchase.

g.

Conditions on Lands Dedicated for Open Space.

(1)

Where improved open space and recreation areas are provided in a development, such improvements shall be installed in accordance with the approved plan of development.

(2)

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the plan-approving authority to ensure that:

-

The open space area will not be further subdivided in the future.

-

The use of the open space will continue in perpetuity for the purpose specified.

-

Appropriate provisions are made for the maintenance of the open space.

-

Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

The purpose and intent of the regulations established herein is to ensure that access to a development site from adjacent vehicular rights-of-way are designed so as to interfere as little as possible with traffic flow on these rights-of-way, permit vehicles a rapid and safe ingress and egress to the site and ensure the provision of an adequate number of parking spaces. Pedestrian and vehicular traffic movement within the development site, with particular emphasis on the provision and layout of parking areas, off street loading and unloading facilities and on site driveway patterns shall be reviewed to ensure that all parking spaces are usable, safe and conveniently arranged, and that the site is efficiently designed.

Every plan of development shall include a parking and loading design plan. The design plan shall include the:

-

Location and width of existing and proposed streets, entrances and exits servicing the site, including the type of pavement;

-

Location of all off-street parking areas and off-street loading facilities, showing the number, location and dimensions of parking spaces, loading areas, curb stops, bumpers, traffic aisles, traffic patterns, curb radii and type of pavement and curbs with construction details;

-

Location of existing and proposed curbs, sidewalks, bike paths, bike storage areas, etc.

a.

Minimum Parking Space Requirements to be Maintained.

(1)

All required off-street parking and loading spaces shall be maintained for parking or loading use for as long as the principal use for which such spaces were established shall remain.

(2)

No enlargement of a building, structure or use shall be made in such a way as to reduce the number of existing parking or loading spaces below the minimum number required unless provisions are made elsewhere on the premises to replace any required spaces which may have been removed. Additional parking or loading spaces shall be provided to accommodate any additional demand created by such enlargement.

b.

Parking in the Front Yard Restricted.

Off-street parking areas shall be located within the rear and side yards only unless the applicant can demonstrate to the satisfaction of the plan-approving authority that off-street parking is necessary between the building and public right-of-way, or that front yard off-street parking is substantially buffered from the view of public rights-of-way. This requirement shall not apply to single family dwellings.

c.

Required Parking Spaces to be On Site.

Parking spaces shall be on the same lot or tract of land as the building or use to be served unless the plan-approving authority approves collective off-street parking facilities for two (2) or more buildings or uses on adjacent or contiguous lots. The plan-approving authority may count available on street parking spaces in front of a use towards the required parking space count.

d.

Fractional Space.

Where fractional spaces result when calculating the minimum required number of parking and loading spaces, the parking or loading spaces required shall be construed to be the next highest whole number.

e.

Loading Areas Not For Use as Parking Areas/Vice-Versa.

No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities.

f.

Constructed Parking Spaces Shall be No More Than the Minimum Required.

Minimum off-street parking and loading requirements as required by this Section may only be exceeded where it can be demonstrated to the satisfaction of the plan-approving authority that such additional parking facilities are necessary for the operation of a proposed use.

g.

Parking Space and Loading Area Requirement Adjustment.

Where it can be demonstrated that the parking and/or loading and unloading requirements of this Section will result in more parking spaces than actual needs require, the plan-approving authority may permit a portion of the proposed parking and/or loading areas to remain unimproved. Such unpaved area shall remain reserved for future parking/loading needs. If conditions in use or actual operation of the proposed use vary and additional parking/loading areas are needed, the Town Manager is empowered to require such unpaved area to be improved as needed.

a.

Minimum Number of Spaces.

(1)

Factors Used in Determining the Minimum.

The minimum number of off-street parking spaces with proper access from a public right-of-way or driveway shall be as depicted on Exhibit 9. In determining minimum parking space requirements for uses not covered in this Article, the plan-approving authority shall be guided by the number of persons to be employed onsite or by the use; the number of persons expected to reside in, visit, or patronize the building or use, and the need for safe and convenient loading space for visitors, patrons and goods.

(2)

Shared Parking.

The required parking space for any number of separate uses may be combined in one facility. Generally, the required space assigned to one use may not be assigned to another use; thus, the total available spaces should be the sum of required spaces for each of the individual uses. Shared parking facilities where parking available is below the minimum requirements for each separate use, as depicted on Exhibit 9, shall be allowable when the functional nature of the uses allow for differing peak hour demands. The number of spaces required in such a shared facility other than those specifically noted in Exhibit 9 shall be determined by the plan-approving authority after review of a parking study submitted by the applicant. Any such combined use will require the recording of a perpetual easement, in form and substance acceptable to the plan-approving authority.

b.

Size of Spaces.

Parking spaces shall be sized in accordance with the dimensions provided in Exhibit 10. Small car spaces may be provided for up to thirty (30) percent of all required spaces for nonresidential uses.

c.

Design of Parking Spaces/Access Points for the Physically Handicapped.

(1)

Parking spaces for the physically handicapped shall be located as close as possible to ramps, walkways and entrances. Where feasible, these parking spaces shall be located so that the physically handicapped are not forced to wheel or walk across main traffic lanes or behind parked cars to reach the ramps, and other facilities. The spaces shall be situated in those areas of the parking lots located nearest to each primary building entrance. Parking spaces for the physically handicapped shall be provided in accordance with Exhibit 11.

(2)

Parking spaces for the physically handicapped shall be identified by signs, each of which shall not exceed two square feet in area. These signs should generally be located eight (8) feet above grade. The signs shall state that the space is reserved by law for the physically handicapped. Where these signs are placed flush against buildings or structure, or in other locations not accessible to vehicular or pedestrian traffic, the height may be reduced to six (6) feet.

(3)

Where a curb exists between a parking lot and a sidewalk, a horizontally scored ramp or curb cut shall be provided for wheelchair access. The curb cut shall not be less than four (4) feet wide and shall have a grade of not more than one (1) foot in twelve (12) feet. Curb cuts shall be

EXHIBIT 9
OFF-STREET PARKING SPACE REQUIREMENTS

EXHIBIT 10
PARKING SPACE DIMENSION REQUIREMENTS

Parallel parking spaces shall be sized as follows:

provided within thirty (30) feet of each accessible entrance sidewalk to the structure, at all pedestrian sidewalk intersections, and elsewhere to provide reasonably direct circulation within each development. Curb cuts shall not be more than one hundred fifty (150) feet apart.

(4)

Sidewalks shall be scored or textured to indicate the location of doors to blind persons. Exterior sidewalks shall not be obstructed. They shall have a side slope not greater than one (1) inch in four (4) feet and a grade of not more than one (1) foot in twenty (20) feet. Wherever sidewalks cross driveways, parking lots, or other sidewalks, they shall blend to a common level.

(5)

Storm drain grates and similar devices shall not be located within the required access for the physically handicapped.

(6)

The grade of parking spaces for the physically handicapped shall not be more than one (1) foot in twenty (20) feet.

d.

Arrangement and Marking of Parking Spaces.

(1)

All off-street parking areas shall be arranged and marked to provide for orderly and safe loading, unloading, parking, and storage of vehicles. Directional arrows and traffic signs shall be provided for traffic control. Individual parking spaces shall be clearly defined with durable, contrasting lines. Each space or area for small car parking must be clearly marked with a sign to indicate the intended use.

(2)

All off-street parking shall be designed so that vehicles can turn around on site and enter the public right-of-way or vehicular travel ways outside of parking bays in such a manner as to completely eliminate the necessity of backing into the street.

(3)

Parking areas shall be separated into modular parking bays or lots containing not greater than sixty (60) spaces each. Single row or line of spaces within a bay should be separated from access or circulation drives by ten (10) foot wide landscaped medians for the full length of a bay and at the ends of parking rows.

(4)

A major loop driveway should be developed around the parking areas. All parking should be located in bays generally perpendicular to driveways or roads. A one-way directional movement, if employed, shall flow counter-clockwise.

Plans of development with on-site parking areas shall be designed with an integrated and effective system of driveways and aisles. Entrances from public vehicular rights-of-way shall be kept to a minimum and shall comply with the requirements of VDOT. Access to outparcels created from and developed with the site of a shopping/office complex shall utilize the interior vehicular circulation network of the shopping/office complex as their point of vehicular access rather than utilize a public vehicular right-of-way.

Aisles shall be designed as shown on Exhibit 12.

EXHIBIT 11
PARKING SPACE REQUIREMENTS FOR THE PHYSICALLY HANDICAPPED

EXHIBIT 12
PARKING LOT AISLE WIDTHS

a.

Applicability.

Whenever the normal operation of any development requires that goods, merchandise, or equipment be routinely delivered to or shipped from that development, sufficient off-street loading and unloading areas must be provided in accordance with this section to accommodate the delivery or operations in a safe and convenient manner. Determination of the applicability of this section shall be made by the plan-approving authority.

b.

Required in Loading/Unloading Areas.

Loading/unloading areas shall be provided within the design of major plans of development. The number of berths (each berth consists of a space at least twelve (12) feet wide and forty (40) feet long, with fourteen (14) feet of overhead clearance) within the loading/unloading area shall be as shown in Exhibit 13.

EXHIBIT 13
LOADING/UNLOADING AREA REQUIREMENTS

c.

Inability to Meet Standards of Section 4-10-6b.

Whenever there exists a lot with one or more structures on it constructed before the effective date of this Ordinance, and a change in use that does not involve any enlargement of a structure is proposed for such lot, and the loading area requirements of this Section cannot be satisfied because there is not sufficient area available on the lot that can practically be used for loading and unloading, then the developer need only comply with this Section to the extent reasonably possible as determined by the plan-approving authority.

d.

Noninterference and Screening.

Access to and from, and the location of the loading/unloading areas, shall not interfere with the movement and/or parking of customer vehicles. Loading and unloading areas shall be screened from public view.

a.

Paving Standards.

All off-street parking and loading area, including aisles and driveways, shall be constructed and maintained with an all-weather impervious material unlikely to cause substantial maintenance problems. Surface areas shall be properly graded and composed of asphalt, porous asphalt pavement, concrete or other material approved by the plan-approving authority, including porous paving. Surfaces should approximate the following all-weather surfacing detail:

(1)

Parking Spaces - Two (2) inches of asphalt surface applied over eight (8) inches of a graded, compacted aggregate #1 or #2 subgrade.

(2)

Driveways - One and one-half (1½) inches of asphalt surface applied over a five (5) inch BM-2 asphalt base on top of an eight (8) inch compacted aggregate #1 or #2 subgrade. Grid and Modular pavements are encouraged for parking areas, alleys, and other low traffic driveways.

The plan-approving authority may increase or decrease the required surfacing treatment depending upon anticipated usage, the nature and weight of anticipated traffic, as well as the stability and bearing capacity of the on-site soils.

b.

Exceptions to the Paving Requirements.

Exceptions to this requirement are driveways serving single family detached dwellings; parking, loading and storage areas onto which customer vehicles are not permitted; and existing commercial and industrial uses. Any changes to existing commercial and industrial uses requiring an increase in public parking spaces must be accomplished in conformance with the requirements of this Section.

a.

Maintenance Requirements.

Every parcel of land hereafter used as a public or private off-street parking or loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, markings, signs, bicycle parking devices, landscaping and other improvements shall be maintained in workable, safe, and good condition.

b.

Repairs by the Town Authorized.

The Town Manager may authorize repairs for such improvements if, after proper notice, the owner fails to maintain improvements and such conditions constitute a hazard to health and safety. The imposition of a lien shall be applied to the subject property and shall be enforced and collected by the Town.

The regulations established herein are intended to incorporate vegetation in the form of landscaping and buffering within plans of development, thereby promoting healthy and ecologically sound community environs. This will be the resultant effect because trees and shrubs are proven producers of oxygen, a necessary element for human survival; trees and shrubs appreciably reduce the ever increasing environmentally dangerous carbon dioxide content of the air thereby playing a vital role in purifying the air we breathe; trees and shrubs transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air conditioning systems; trees and shrubs have an important role in neutralizing waste water passing through the ground from the surface to ground water tables and lower aquifers; trees and shrubs through their root systems, stabilize the ground water tables and play an important and effective part in soil conservation, erosion control, and flood control; and trees and shrubs are an invaluable physical, aesthetic, and psychological counterpart to unnatural development features, making life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas.

Every plan of development shall include a landscape plan. This plan shall include the:

a.

Existing Vegetation.

Location and identification by size and name of all mature or significant trees in open areas on the site. In wooded areas, the wood line before site preparation, average size, and predominant species of trees shall be shown, except that any significant trees within a wooded area proposed for clearing shall be individually located and identified by size and name.

b.

Buffering Details.

Location, dimensions and area of all required buffer areas including areas proposed to be fenced, walled, or screened through the use of architectural, earthform, or any other landscape method, including notes and details to describe fully the methods and materials proposed.

c.

Landscaping Details.

Location, size, type and name of all new landscaping materials, as well as materials to be retained on site.

d.

Vegetation Protection.

Details and notes pertaining to the methods to be utilized to protect trees and plant materials to remain on site from damage, both during and after development of the site.

e.

Maintenance Notations.

Appropriate notations regarding responsibility for the perpetuation and maintenance of all landscape plant materials or other landscape features to be preserved or installed on the site.

f.

Waiver of Submittal Requirements.

The plan-approving authority may waive all or a part of the submittal requirements if an application can be thoroughly and responsibly evaluated despite the absence of waived submittal data.

a.

Maximize the Value of Vegetated Material.

Trees, shrubs, ground cover and other landscaping shall be located so as to utilize effectively the natural capacities of plant materials to intercept and absorb airborne and runoff-related pollutants and to reduce runoff volume, velocity and peak flow increases caused by development.

b.

Existing Trees to be Preserved.

Existing, viable and mature trees shall be preserved and protected as a part of the overall landscaping plan whenever reasonably possible.

c.

Landscaping to Suit the Site.

Landscape materials and designs shall be appropriate for the specific characteristics of the site and the reason for their installation.

d.

Landscaping to Buffer Discordant Impacts.

Landscaping of buffer areas shall be designed to reduce, as much as possible, the discordant impacts of development on adjacent natural areas, and on adjacent landowners who might be adversely impacted by the proposed development.

e.

Preserve Existing Natural Buffers.

In all cases, the preservation of natural buffers is encouraged.

f.

Design of Buffers.

Plant material screens and structural elements required as buffers shall be designed in a staggered or undulating manner to create a more natural looking buffer. Plant material screens need not occupy the full buffer of distance, but shall be continuous.

g.

Buffers Adjacent to Vacant Sites.

Where the adjacent property is vacant, it shall be classified as the highest intensity use allowed by right in that zoning district for purposes of determining the appropriate buffer, except where approved development plans or a use granted by a conditional use permit indicate another buffer classification would be more appropriate as determined by the plan-approving authority.

h.

Landscaping Areas Devoid of Trees.

The following provisions shall apply for all land development areas devoid of major trees, including the areas along the roads of the development where natural woods are not present, and where due to construction, the entire right-of-way is cleared:

(1)

Shade trees shall be planted along both sides of all streets as approved by the plan-approving authority.

(2)

Shade trees shall be planted at forty (40) to fifty (50) intervals.

(3)

There shall be planted, if none exist, a minimum of three shade trees per residential lot in the front yard or that yard where shading of the structure will be maximized if no solar collectors are proposed.

i.

Activities Permitted Within Landscaped Buffer Areas.

Except as provided in Section 4-11-5b(2), the following activities are permitted within landscaped buffer areas.[:]

(1)

Roadway and/or driveway access between adjoining properties provided that it is approximately perpendicular to the common property line.

(2)

Water, sanitary sewer, electrical, telephone, natural gas, cable television or other service lines provided they are approximately perpendicular to the common property line. If utilities must be installed approximately parallel to the common property line, an equal amount of buffer area may be required to substitute for the area of vegetation removal.

(3)

Pedestrian and bicycle paths designed to provide continuous connections between adjoining properties.

(4)

Light fixtures.

(5)

Storm drainage provided that it does not impair the basic integrity of the required buffer.

j.

Buffering Objectionable Site Features.

Objectionable features including dumpsters, outside storage areas and large parking areas (10 vehicles or greater) as well as loading areas shall be visually buffered as viewed from public rights-of-way and adjacent properties by landscaping and structural elements.

The preservation of existing vegetation on a development site has distinct advantages since this vegetation is well established and tolerant of existing conditions, and can be readily employed to fulfill the intent and purpose of Section 4-11. Incorporating natural features into plan of development proposals not only improves the quality of the project, but also reduces construction problems and increases the value of the development. Soil erosion and sedimentation control costs are reduced. The existing vegetation holds soil in place and breaks the impact of falling rain. Forest soils are porous and function like a sponge soaking up stormwater. The value of homes is increased when trees are retained and the resultant appearance is one of an established community. The following provisions are intended to facilitate the preservation and beneficial use of existing vegetation during development.

a.

Which Trees Shall Be Preserved.

In determining which trees and shrubs shall be preserved during the development process, consideration shall be given to preserving those which exhibit some or all of the following characteristics:

(1)

Are significant trees;

(2)

Complement the project design including the enhancement of the architecture and streetscape appearance;

(3)

Can tolerate environmental changes to be caused by development (i.e. increased sunlight, heat, wind and alteration of water regime);

(4)

Have strong branching and rooting patterns;

(5)

Are disease and insect resistant;

(6)

Complement or do not conflict with stormwater management and Best Management Practice designs;

(7)

Are located in required buffer areas;

(8)

Exist in natural groupings including islands of trees;

(9)

Do not conflict with necessary utility, structure, parking area, and roadway placements; and

(10)

Have been recommended by the Virginia Department of Forestry, Richmond County Cooperative Extension Service or a qualified arborist or urban forester for preservation.

b.

Protecting Trees During Construction.

Trees which are to be preserved on site shall be protected before, during and after the development process utilizing accepted practices. At a minimum, Standard and Specification No. 1.85, Virginia Erosion and Sediment Control Handbook, Second Edition 1980 shall be utilized.

c.

Protecting Woodland Groups.

In woodland areas, groups of trees shall be selected for preservation rather than single trees wherever possible.

d.

Tree Protection Details.

(1)

Trees and groups of trees which are to be preserved shall be enclosed by a temporary fence or barrier to be located and maintained at the dripline during construction. Such a fence or barrier shall be installed prior to clearing or construction and shall be sufficient to prevent intrusion into the fenced area during construction.

(2)

Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices.

(3)

If land development activities are proposed to occur within the dripline of trees to be retained, special care such as the installation of tree feeders and the use of porous paving materials shall be employed to minimize the extent of root disturbance, compaction of soil, and amount of impervious cover.

(4)

A two (2) inch layer of mulch shall be applied over the surface of exposed roots during and after development.

e.

Tree Clearing Limits Marked and Approved.

(1)

The Town Manager shall approve the marked limits of clearing in the field prior to the commencement of land disturbing activities to ensure that the limits of clearing as marked conform to the plans approved as part of the plan of development approval process.

(2)

Trees to be saved shall be marked by red ribbon.

(3)

Trees to be removed shall be marked by blue ribbon.

(4)

In heavily wooded areas, large groups of trees to be removed or saved may be generally marked with appropriately colored ribbon along the perimeter of the area.

f.

Notification To Construction Personnel of Tree Protection Measures.

The developer shall be responsible for notifying all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that they are observed.

g.

Grade Change Mitigation Measures.

Where grade changes in excess of six inches (6") from the existing natural grade level are necessary, permanent protective structures such as tree wells or walls shall be properly installed.

h.

Restricted Activities Near Protected Trees.

The cleaning of equipment, storage of vehicles, materials or dirt, disposal of waste material such as paint, oil solvents or other harmful substances, or any other such acts which may be harmful to the continued vitality of the tree(s) to be protected shall be prohibited.

i.

Repairing Trees Damaged During Construction.

Any tree damaged during construction, or damage occurring as a result of such construction, shall be repaired according to accepted horticultural practices. Tree damage shall be repaired prior to the issuance of a Certificate of Compliance, Part B.

j.

Tree Clearing Procedures.

It is recommended that trees to be removed are removed at one time throughout a project site in order to allow uncut trees to have more time to recover from adjacent timbering operations prior to the impact of construction. By separating the clearing phase from the building phase by as great a time interval as possible, trees left standing will show response to increased light and nutrients created by the opening, and compaction and soil erosion will be reduced.

k.

Tree Clearing and Protection Plans.

Developers of plan of developments within wooded areas are encouraged to prepare tree clearing and fire protection plans in the manner recommended by the Virginia Division of Forestry. These plans recommend how land development can be introduced into wooded areas with minimal environmental impact and maximum safety to future residents. Trees to be considered for removal should include all pine trees near buildings, trees within 15 feet of a major excavation, and all trees that lean, are hollow, or would endanger a structure or vehicle by falling.

l.

Areas of Development Sites to Remain Undisturbed.

Natural vegetation existing on slopes of twenty-five percent (25%) or greater, in wetlands, and within 100 feet of a perennial watercourse or wetland, shall be left undisturbed as a buffer area during development, provided however that:

(1)

Access paths and view corridors or sight lines may be cleared along waterways, lakes or wetlands. In general, trees larger than ten (10) inches d.b.h. shall not be removed.

(2)

Where natural vegetation is removed, it shall be replaced with other vegetation equally effective in retarding erosion and preserving natural appearance.

m.

Clear-Cutting Prohibition.

Commercial timber clear-cutting operations are prohibited within the jurisdiction of the Town of Warsaw.

a.

Landscape Areas adjacent to Buildings in the C-1 and M-1 Zoning Districts.

A landscape area which is a minimum of 10 feet wide shall be provided adjacent to the front and sides of buildings exclusive of reasonably sized areas for entrances. Up to one half of this area may be transferred elsewhere on the site. This area shall contain a number of trees and shrubs equal to at least one ornamental tree or five shrubs per 200 square feet of planting area provided.

b.

Landscape Areas along Rights-of-way.

(1)

The landscape area along rights-of-way zoned commercial and industrial shall be designed to maintain continuous natural corridors along existing and proposed rights-of-way.

(2)

For lots zoned commercial and industrial possessing on-site parking lots fronting on the right-of-way, a twenty (20) foot wide landscaped buffer area shall be provided between the right-of-way and on-site parking, With the prior approval of the plan-approving authority, this buffer area may be selectively thinned if fully wooded or shall be planted with a row of shade trees 40-50 feet apart along the right-of-way if void of vegetation.

(3)

Activities which are permitted within this landscaped area include:

-

Roadway and/or driveway access to the portion of the site not in the buffer area is permitted provided that it minimizes the impact to the quality and quantity of the buffer area.

-

Water, sanitary sewer, electrical, telephone, natural gas, cable television or other service lines provided they are approximately perpendicular to the right to way. If utilities must be installed approximately parallel to the road right-of-way, an equal amount of buffer may be required to substitute for the area of vegetation removal. Permission for easement and right-of-way disturbance and clearings for such services shall be consolidated with vehicular access routes whenever possible.

-

Pedestrian and bicycle paths designed to provide continuous connection along the road.

-

Light fixtures.

-

Signage in accordance with the sign regulations in Section 4-16.

-

Clear sight distances as per Section 4-3-5 at the permitted entrances and exits to any development as needed to provide for reasonable traffic safety.

-

Storm drainage improvements provided the basic integrity of the required buffer is not impaired.

c.

Landscape Areas Within Parking Lots.

Five percent (5%) of the total area of the interior of any parking, loading and other vehicular use area shall be landscaped. The location of such landscaping is at the option of the developer; provided, however, the following standards shall apply:

(1)

Shade trees within parking areas shall be provided at a minimum rate of two (2) trees per ten (10) parking spaces. Shrubs shall be planted at a rate of two (2) shrubs per ten parking spaces.

(2)

No more than ten (10) parking spaces shall be permitted in a continuous row without being interrupted by a landscaped island of not less than six feet (6') in width. Such landscape island shall be planted with one shade tree.

(3)

Every fourth row of parking shall be separated by a median strip of not less than ten feet (10') in depth for landscaping and pedestrian purposes. Such median strips shall be planted with at least one (1) tree per median strip except that one (1) shade tree for every fifty feet (50') or fraction thereof shall be planted in median strips that exceed fifty feet (50') in length. For purposes of this standard, double-backed parking areas shall be considered two rows.

(4)

Each parking row shall terminate in a landscape island of not less than ten (10) feet in width. Such landscaped island shall be planted with one shade tree.

(5)

Parked vehicles may overhang a landscaped median strip no more than two and one-half feet (2½'). Curbing or other wheel stops are recommended to be installed to ensure no greater overhang or penetration of the median strip.

(6)

Landscaped islands and median strips shall be planted in grass or any year-round ground cover and/or mulched. Provisions may be made where appropriate for pedestrian paths.

(7)

Landscaping, walls, fences and light fixtures and earthen berms shall be so located as to prevent their damage and/or destruction by overhanging vehicles.

d.

Landscape Areas Peripheral to Parking Lots.

In addition to the requirements of Section 4-11-5c, peripheral landscaping shall be provided along any side of an off-street surface parking area sized for ten (10) or more vehicles as well as along all loading areas. Such landscaping shall be provided as follows:

(1)

A landscaping area at least ten (10) feet in depth shall be located between the abutting property lines and the parking, loading or other vehicular use area, except where permitted driveway openings between properties are to be provided. Where drainage or other utility easements exist along property lines, the landscape area shall be located between the parking, loading or other vehicular use areas and the utility or drainage easements.

(2)

The landscaping area shall be planted in accordance with the following standards: One (1) shade tree shall be planted for each fifty (50) linear feet of the landscaping area; and

An evergreen hedge or other durable landscape material of at least three feet (3') in ultimate height shall be planted within the landscape area so as to provide a continuous landscape buffer; or

A combination of hedge, earthen berm, and/or other durable landscape material or approved wall, fence or earthen berm may be utilized to form the continuous landscape element;

All portions of the landscaping area not planted with shrubs and trees or covered by a wall or fence barrier shall be planted in grass and/or ground cover;

Parked vehicles may overhang a landscaped area no more than two and one-half (2½) feet, provided curbing or other wheel stops are installed to ensure no greater overhang or penetration of the perimeter landscape areas. Landscaping, walls, fences and earthen berms shall be so located as to prevent their damage and/or destruction by overhanging vehicles.

e.

Exemption from Section a through d Above.

The provisions of subsection c and d above shall not be applicable in the following situations:

(1)

Where any off-street surface parking, loading or other vehicular use area will be entirely screened visually from the public rights-of-way and from abutting property by an intervening building or structure; or

(2)

Where the total parking area contains less than ten (10) parking spaces; [or]

(3)

For commercial, industrial and multi-family housing sites in existence on the adoption date of this ordinance. These sites shall attempt to comply with the intent of this Section in the event a plan of development proposal is submitted for approval.

f.

All Other Landscape Areas.

All landscaped areas other than the landscape areas identified in 4-11-5a to 4-11-5d shall contain a number of trees equal to or in excess of one tree and two shrubs per 3,000 square feet of total landscape area provided. Each mature existing tree to be saved may be counted toward meeting the required minimum number of trees, with one viable mature tree substituting for two planted trees. This Section applies to all other areas of a development site including median and cul-de-sac islands.

a.

Function.

The function of buffer areas is to provide visual and noise barriers between adjacent land uses, or between a land use and a public road which block out both visual nuisances, such as glare from lights, and shield the source of noise from view, thereby reducing its perceived impacts. Additionally, buffers may serve as a protective or safety barrier, by blocking physical passage. Heavily planted buffers restrict the movement of dirt or dust and assimilate air-carried contaminants. The provision of buffer areas enables land uses of varying intensities to be approximate to each other, thereby accommodating the needs and values of both the developer and adjacent landowners.

b.

Buffer Design.

The design of buffer areas shall utilize distance, vegetative material, and structural elements such as fences, privacy walls, berms or other approved elements. One or more of these features shall be required depending on adjacent existing or proposed uses.

a.

Plant Selection.

The lists of plants shown in Exhibit 14 provides a menu of representative plant species that could initially be considered when selecting plants for landscaping and buffering. This list is not intended to restrict landscaping choices but only to help developers make effective landscaping choices. The list consists predominately of indigenous plant species thereby enabling newly installed plants to blend in with the natural vegetated conditions. Information is provided relative to the foliage type, light conditions, rate of growth, ultimate size and primary uses which should be of assistance in ensuring the selection of the most appropriate plant for a particular circumstance.

b.

Size Standards.

All landscaping required within Section 4-11 shall conform with the following minimum size standards as shown in Exhibit 15.

c.

Source Standards[.]

All plant materials installed on a site shall be of high quality and in excellent condition at planting.

EXHIBIT 14
SUGGESTED VEGETATION SUITABLE FOR SCREENING

* Rapid Growth Rate

a.

Fence and Wall Details.

All permitted fences and walls shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. No fence shall be erected of barbed wire, topped with metal spikes, or constructed of any material or in any manner which may be dangerous to persons or animals, except that these provisions herein shall not apply to farms when fences are used for customary farming purposes and except further that fences permitted for industrial uses, with prior approval from the plan-approving authority, may be topped by a barbed wire protective barrier. All barbed wire-topped fences shall be faced into the property.

(1)

Except as stipulated above, a fence or wall shall not be more than four (4) feet in height along the front lot line and within the front yard setback and six (6) feet in height along a side lot line and rear lot line.

(2)

Fences should compliment the structural style, type and design of the principal building. Fences of natural materials such as wood planks, rails or pickets are preferred given their consistency with traditional town environments.

(3)

Fences which are determined by the Town Manager to be inferior in quality and therefore not maintenance free (except for painting or refinishing) are prohibited.

EXHIBIT 15
MINIMUM PLANT SIZE AT PLANTING

* At least fifty percent (50%) of the deciduous shade trees required for installation in parking lots shall have a minimum caliper of two and one-half inches (2½").

(4)

Solid fences are more appropriately used adjacent to or attached to buildings as architectural extensions or as structural buffer elements. Careful consideration should be given to coordination with the lines, materials and color of the principal structure.

(5)

Plantings shall be included as part of any fencing plan.

(6)

Metal fences, when used to enclose electrical supply stations having energized electrical conductors or equipment or other similar facilities, shall be a minimum of seven (7) feet in height and shall be effectively grounded.

(7)

A dog run or privacy area may have fencing a maximum of six (6) feet in height, provided that such area is located only in rear yard areas and is set back from any lot line at least fifteen (15) feet.

(8)

A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of twelve (12) feet in height and be set back from any lot line at least fifteen (15) feet.

(9)

An in-ground swimming pool shall be surrounded by a suitably secure fence with a self-latching gate at least five (5) feet but not more than six (6) feet in height.

b.

Berms and Earthform Details.

All berms and earthforms required or otherwise proposed for use shall conform with the following standards:

(1)

The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall be reviewed to ensure that proper erosion prevention and control practices have been utilized.

(2)

Berms and earthforms shall be designed with physical variations in height and alignment throughout their length.

(3)

Landscape plant material installed on berms and earthforms shall be arranged in an irregular pattern to accentuate the berm's physical variation and to achieve a natural appearance.

(4)

The landscape plan shall show sufficient detail, including a plan and profile of the berm or earthform, soil types and construction techniques to demonstrate compliance with the above provisions.

(5)

Berms and earthforms shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.

(6)

No part of any berm or earthform which is elevated more than eighteen inches (18") above natural grade shall be located within ten feet (10') of any right-of-way or property line.

The property owner, or his successors, shall be responsible for the perpetuation and maintenance of all landscaping, fencing, and buffering materials required by this Ordinance as shown on an approved plan. Failure to maintain such landscaping, fencing and buffering shall be deemed a violation of this Ordinance.

a.

Vegetation Maintenance.

All plant material required by this Ordinance or as shown on the plan shall be tended and maintained in a healthy growing condition, replaced when necessary, and kept free of refuse, litter, and debris.

b.

Buffer Maintenance.

All fences, walls, and buffering required by this Ordinance or shown on the plan shall be maintained in good repair and kept free of refuse, litter, and debris. Earthen berms shall be maintained to prevent soil erosion and berm collapse.

c.

Replacement Vegetation to Conform to Approved Plan.

All landscaping material shown on the plan which may subsequently be replaced on the site shall conform with the original approved plan with respect to size and characteristics of the plantings. In meeting the terms of this Section, the replacement of mature trees on site shall require the installation of trees of a similar species.

d.

Weed Control.

It shall be the responsibility of the owner, occupant and person in charge of any real property in the Town to:

(1)

Maintain the grass, weeds and other foreign growth on developed property so that they do not exceed 12 inches in height.

(2)

Maintain the grass, weeds and other foreign growth on undeveloped real property so that they do not exceed a height of 15 inches at any point within 50 feet of any abutting developed property, street or public way.

The purpose and intent of this Section is to ensure that lighting is provided in order to facilitate the safe and secure movement of motor vehicles, bicycles and pedestrians, as well as to provide for the security of buildings and personal property.

The applicant shall submit plans for all proposed exterior lighting. These plans shall include the location, type of light, radius of light, manufacturer's specification sheet and intensity in foot-candles. This submittal is not required of single family homes, however, that does not exclude single family homes from complying with the requirements of this Section.

a.

Maximum Height.

The maximum height of light standards shall not exceed the maximum building height permitted, or 25 feet, whichever is less.

b.

Lights Shall be Shielded.

The height and shielding of lighting standards shall provide proper lighting without hazard to drivers or nuisance to adjacent residents. The design of lighting standards shall be of a type appropriate to the development in which they are proposed.

a.

When Required.

Lighting shall be provided in accordance with a plan designed by Virginia Power or using the standards shown on Exhibit 16. The use of lighting within public rights-of-way is at the discretion of the applicant, unless required by VDOT or the plan-approving authority when deemed necessary to ensure the safety of the traveling public. The Town of Warsaw reserves the right not to accept responsibility for the maintenance and expense of street lighting.

b.

Installation Standards.

Unless otherwise approved by the plan-approving authority, street lights shall conform with the following standards:

(1)

All fixtures and mounting devices shall be architecturally compatible with the development in which they are proposed to be located. In this regard, "cobra-head" or other fixtures with a horizontal extension between the mounting pole and the luminaire of more than eighteen inches (18") shall not be approved in residential areas.

(2)

Luminaires shall be installed so as to reduce or prevent direct glare into dwellings.

(3)

Luminaires shall be of the sodium vapor type which are color-corrected.

All parking areas and appurtenant walkways, bikeways and driveways serving commercial, public, office, industrial, residential, or other similar uses and having common off-street parking and/or loading areas, and/or common pathways shall be adequately illuminated for security and safety purposes. Provided lighting shall utilize nonglare, color-corrected light fixtures which focus downward, and be consistent with the requirements shown on Exhibit 16, as well as the standards listed below.

a.

Cone of Illumination Standard.

All lights shall be shielded to restrict the maximum apex angle of the cone of illumination to one hundred fifty (150) degrees.

b.

Shielding of Lights Near Residences.

Where lights along property lines would be visible to adjacent residents, the lights shall be appropriately shielded. Such shielding may include luminaire shielding, berming, landscape material, and/or decorative fencing.

EXHIBIT 16
ILLUMINATION REQUIREMENTS FOR STREET, PARKING AND
PEDESTRIAN AREAS RIGHTS-OF-WAY

PARKING LOTS

WALKS AND BIKEWAYS

c.

Spotlights Not Recommended in Certain Circumstances.

Spotlight-type fixtures attached to buildings and which are directed towards public rights-of-way or adjacent residential properties shall not be permitted.

d.

Lighting at Points of Vehicular Conflict.

Lighting shall be located along driveways, where driveways intersect public rights-of-way, parking areas, and where various types of circulation systems merge, intersect, or split. Free-standing lights shall be so located and protected to avoid being damaged by vehicles.

e.

Lights in Pedestrian Areas.

Pathways, sidewalks and trails shall be lighted with low pedestrian level or mushroom type light standards. Stairways, sloping or rising paths, and building entrances and exits shall be illuminated.

It is the intent and purpose of these regulations to facilitate the limited use of private property for the public good for purposes such as the location of utility systems.

Plans of development shall indicate the location and purpose of all existing and proposed easements. Easements which are a part of any development approval shall be recorded in the Courthouse before a Certificate of Certification, Part A is issued by the Town Manager.

a.

Location and Use.

(1)

Utility and driveway easements shall be avoided to the greatest extent possible in areas designated as Resource Protection Areas (RPAs).

(2)

Necessary franchise and utility construction permits shall be obtained from VDOT for utilities constructed in easements within public rights-of-way.

(3)

All utilities, poles or underground conduits for electric power lines or telephone lines shall be placed in alleys if such are provided or in easements appropriately located.

(4)

Easements for natural drainageways and other drainage facilities, retention basins and other permanent erosion and sediment control facilities shall be provided in accordance with the requirements of this Ordinance.

(5)

No building or structure shall be constructed within any easement without the authorization of the plan-approving authority, other appropriate agencies and the holder of the easement.

(6)

Where a proposed development is traversed by any stream, watercourse, or drainageway, the developer shall make adequate provision for the proper drainage of surface water, including the provision of drainage easements along such streams, watercourses, and drainageways.

b.

Sufficient Width.

Easements shall be of sufficient width to permit the use for which provided and shall include the right of ingress and egress over the easement area for installation and maintenance. The plan-approving authority may require that easements for drainage or road access through adjoining property be provided by the developer. Easements for water, sewer, power lines, telephone and other utilities shall not be less than ten (10) feet in width.

It is the intent of the Town of Warsaw that stored goods and the solid waste generated by the citizens and businesses of the Town be responsibly stored, dispensed, and disposed.

All plans of development shall demonstrate compliance with the requirements of this Section.

a.

Recycling.

Applicants of plans of development shall evaluate alternative recycling plans and propose one for their development which increases the likelihood of source separation and waste disposal reduction. For example, developers could consider innovative designs both inside and out to make recycling more convenient and accessible to businesses and residents. Every plan of development proposal can provide that space be allocated inside or outside buildings for recycling separation bins.

b.

Storage and Waste Disposal.

(1)

Any operation, use or any activity involving the manufacture, utilization, or storage of flammable, combustible and/or explosive materials shall be conducted in accordance with state and federal regulations.

(2)

All outdoor storage facilities for fuel, raw materials and stored products, shall be enclosed by an approved safety fence and suitable landscaping to screen such areas from public view.

(3)

No materials, wastes or other substance shall be stored or maintained upon a lot in such a manner that natural runoff from such areas can impair the existing water quality of a stream, watercourse or aquifer more so than the primary use intended for the lot without such storage.

(4)

All materials or wastes which might cause fumes or dust, constitute a fire hazard or be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.

c.

Refuse Collection.

Dumpsters or an alternate method of collection approved by the plan-approving authority, shall be required for rental housing developments, and commercial and industrial developments. The following standards shall apply:

(1)

Dumpsters or other approved collection receptacles shall be located on the site so that service vehicles will have convenient and unobstructed access to them. The location shall be such that encroachment by service vehicles upon pedestrian ways, parking spaces, or vehicular circulation drives will be minimized.

(2)

Dumpsters or other approved collection receptacles shall be screened from view on all sides by fencing, gates, shrubbery or building walls except where the plan-approving authority determines that such screening is not necessary because existing screens such as buildings, fences or landscaping are in place.

(3)

Dumpsters shall be positioned upon dumpster pads constructed in accordance with all applicable Health Department standards for construction and drainage.

It is the purpose and intent of these regulations to minimize the adverse effects associated with emissions which occur as a result of various land use activities, particularly industrial use.

Upon request by the plan-approving authority, given the nature of extractive, heavy commercial and industrial activities, the applicant shall submit a certified engineer's report describing the proposed operation, all machines, processes, products and byproducts; stating the nature and expected levels of emission or discharge to land, air and water of liquid, solid or gaseous effluent and electrical impulses and noise under normal operations; and the specifications of treatment methods and mechanisms to be used to control such emission or discharge. The plan-approving authority shall review the applicant's submission for compliance.

a.

Noise.

(1)

Standard.

The number of decibels shall not exceed the maximum permitted for octave band, as set forth in Exhibit 17, as measured on the lot line of the existing or proposed emitting use.

EXHIBIT 17
PERMISSIBLE SOUND LEVELS AT PROPERTY LINES

(2)

Measuring Methodology.

For the purpose of measuring the intensity or frequency of sound, a sound level meter, octave band analyzer, and an impact noise analyzer shall be employed. The "C" network and the "slow" meter response of the sound level meter shall be used. Sounds of short duration, which cannot be measured accurately with the sound level meter, shall be measured with an impact noise analyzer to determine the peak value of the impact. For sounds so measured, the sound pressure levels set forth above in subsection 1 may be increased by six decibels. Sounds produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel levels unless associated with a mining activity.

b.

Vibration.

(1)

Standard.

The maximum steady-state vibration displacement in inches per second shall be as follows:

-

0.02 when measured at the property line of an adjoining residence.

-

0.05 when measured at a lot line adjacent to the vibrating activity.

Impact vibrations may be at twice the maximum for steady-state vibration.

(2)

Measuring Methodology.

Steady state vibrations (discrete pulses that occur more frequently than 60 times per minute), impact vibrations (earth-borne oscillations occurring in discrete pulses at or less than 60 pulses per minute), and vibration frequency (number of oscillations per second) shall be measured with a three-component measuring system. The displacement shall be the maximum instantaneous vector sum of the amplitude in the three directions.

c.

Air Pollution.

The rules and regulations of the State Air Pollution Control Board shall apply to the emission of air contaminants from any source associated with any land use activity.

d.

Steam.

No visible emissions of steam, having an equivalent capacity greater than sixty percent (60%) and excepting direct results of combustion, shall be permitted within five hundred (500) feet of a residence.

e.

Heat.

Any activity producing intense heat or glare, shall be carried out in such a manner as not to be perceptible at or beyond any lot line.

f.

Glare.

Required lighting, or lighting permitted by this Ordinance shall not produce glare in excess of 0.5 candles next to any residential dwelling.

g.

Radioactivity.

Radioactive emissions shall comply with the regulations of the U.S. Atomic Energy Commission set out in Chapter 1 of Title 10 of the Code of Federal Regulations which apply to byproduct material, source material and special nuclear material, as those terms are defined in section 11e., z., and aa. of the Atomic Energy Act of 1954, as amended 42 USC 2014(e), (z), and (aa), and the Radiation Health and Safety Act of 1968 (PL 90-602), as amended, or the implementing regulations of the Virginia Department of Health.

h.

Solid Waste and Liquid Pollution.

The discharge or other release of liquid or solid waste into public or private sewerage disposal and treatment systems, storm drains, or public waters shall comply with all applicable laws, rules, and regulations governing such discharge or release, including but not limited to the Federal Water Pollution Control Act and the Virginia Water Control Law.

i.

Toxic Matter.

The emission of chemicals, gases, components, or elements listed as being toxic matter by the Environmental Protection Agency or any state regulatory boards, including the State Water Control Board and State Air Pollution Control Board, shall only be permitted if the emissions comply with regulatory standards. An entity emitting toxic matter shall advise local emergency service (fire and rescue) officials of such so that emergency service personnel will be able to respond knowledgeably and effectively in the event emergency services must be administered[.]

j.

Odor.

No odor shall be emitted that is detectable by the human sense at or beyond an adjacent lot line so as to be detrimental or injurious to the life, health, safety, comfort, or welfare of adjacent occupants or residents. There is hereby established as a guide in determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5 of the Air Pollution Abatement Manual published by the Manufacturing Chemists Association, Inc. Odors associated with permitted agricultural operations are exempt from this requirement.

It is the purpose and intent of this Section to regulate and restrict unsightly and detrimental signs which would tend to depreciate the value of property and hinder progressive improvements in the Town of Warsaw, and to lessen, eliminate, and regulate signs constituting an actual or potential hazard to safe motor vehicle operation. The regulation of the location, size, placement and certain features of signs is also necessary to enable the public to locate goods, services and facilities without difficulty and confusion, and to prevent wasteful use of natural resources in competition among businesses for attention. The Town of Warsaw endorses the use of low profile signs. The Town does not want signs to obscure the community, but rather complement the landscape. (Amended 11/29/01.)

Each plan of development application or request for a Certificate of Compliance/Building Permit to erect or alter a sign shall include a sign plan showing the specific design, location, size, area dimensions, height, construction, and the method of illumination of proposed signs in accordance with the following regulations.

a.

Permit Required.

No sign, unless herein exempted, shall be erected, constructed or altered until a Certificate of Compliance Part A has been issued by the Town Manager and a Building Permit has been issued by the Building Official. Signs shall be in accordance, with all the requirements of the Virginia Uniform Statewide Building Code. Applications are available from the Town Clerk. This provision shall not be construed to require a permit for the normal maintenance of existing signs, nor for the replacement of any interchangeable copy on an approved sign.

b.

Interpretation.

Any sign for which the purpose, location or type is not clearly permitted or prohibited by this Article shall be considered as being a sign of the most closely resembling purpose, function or type as established by this Ordinance.

c.

Maintenance.

All signs and supports shall be maintained in good repair and in a safe, clean, and attractive condition. No person may erect or maintain a sign which:

(1)

Is structurally unsafe;

(2)

Constitutes a hazard to public safety and health by reasons of inadequate maintenance, dilapidation or abandonment;

(3)

Obstructs free entrance or exit from a required door, window, or fire escape;

(4)

Obstructs light or air or interferes with proper functioning of the building;

(5)

Or is capable of causing electrical shock.

d.

Consistent Design Theme.

There should be a consistent sign design theme throughout a particular project. The design theme would include style of lettering, construction, material, type of support, size, and lighting. Color of letters and background should be carefully considered in relation to the color of the material of buildings or where the signs are proposed to be located. Signs shall be a subordinate rather than a predominant feature of a site.

a.

Measurement of Sign.

(1)

Sign measurement shall be based upon the entire area of the sign, with a single continuous perimeter enclosing the extreme limits of the actual sign surface.

(2)

For a sign painted on or applied to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background of a different color than the natural color, or finish material of the building.

(3)

For a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall, or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all of the letters and symbols.

(4)

The area of supporting framework (for example brackets, posts, etc.) shall not be included in the area if such framework is determined to be incidental and not an extension of the sign display by the Town Manager.

(5)

When a sign has two (2) or more faces, the area of all faces shall be included in determining the area, except where two faces are placed back to back and are at no point more than two (2) feet from each other. In this case, the sign area shall be taken as the area of either face, and if the faces are unequal, the larger face shall determine the area.

b.

Individual Letters or Symbols.

Individual letters or symbols may be attached to an awning, marquee, building surface, wall, or signboard. However,

(1)

Letters or symbols shall not project more than eighteen (18) inches from the building surface. (Amended 11/29/01.)

(2)

Such letters and symbols shall not obscure the architectural features of the building to which they are attached.

(3)

Such letters and symbols shall not extend above the lowest part of the roof, nor beyond the ends of the wall to which they are attached.

(4)

Letters or symbols shall have an aggregate area not exceeding 1.5 square feet for each foot of building face parallel to a street lot line. When a lot fronts on more than one street, the aggregate sign area facing each street frontage shall be calculated separately. (Amended 11/29/01.)

c.

Measurement of Height/Freestanding Sign.

The height of any sign shall be measured from the finished grade up to the highest point of the sign. In situations where a sign is intended to be visible from two roads of different elevations, measurement shall be from the surface of the lower roadway.

a.

Controlled Illumination.

The light from any illuminated sign shall be shaded, shielded and directed so that the light intensity or brightness shall not adversely affect surrounding or facing premises nor adversely affect safe vision of operators of vehicles moving on public or private roads, highways, and parking areas. The light shall not shine or reflect in an offensive manner on or into residential structures or motels.

b.

Exposed Lights Not Permitted.

No exposed reflective type bulbs or incandescent lamps shall be used on the exterior surface of any sign in such a manner that they will result in offensive glare on adjacent property or create a traffic hazard.

c.

Flashing and Moving Signs Not Permitted.

No person may erect a sign which flashes, rotates, or has motorized moving parts.

d.

Exposed Wires Not Permitted.

No person may erect a sign with exposed electrical wires.

e.

Strings of Bulbs Restricted.

Strings of bulbs are not permitted, except as part of a holiday celebration or to illuminate a Christmas tree sale lot. Strings of bulbs may, however, be permitted to decorate trees as part of a temporary holiday celebration, provided that such display does not interfere with neighboring land uses or vehicular safety.

a.

No Signs on Natural Objects, etc.

No person may erect a sign which is affixed to a fence, utility pole, structure, tree, shrub, rock, or other natural object.

b.

Roof Mounted Signs Not Permitted.

Signs shall not be mounted on roofs or extend above the lowest part of the roof.

c.

Signs Projecting into the Right-of-way are Restricted.

No projecting sign shall extend into a public right-of-way, except that they may extend over a sidewalk if located at least eight (8) feet above the pedestrian way when attached to a building facade.

d.

Only Official Traffic Signs to be Located in the Right-of-way.

No sign, other than an official traffic sign approved and/or installed by VDOT, shall be located so as to be within any public right-of-way.

e.

Free Standing Sign Setback Requirement.

Free-standing signs shall be located no closer than ten (10) feet to a public right-of-way.

f.

No Sign in Prescribed Site Triangle.

No sign shall be erected within the area encompassed by a site triangle as provided by Section 4-3-5 unless such sign is less than three (3) feet in height; or, the width of the face of any supporting structure is less than 1 foot and the supported sign is elevated six (6) feet above grade.

g.

(Amended to Delete 11/29/01.)

h.

Building Architectural Integrity Maintained.

Signs shall not cover architectural details such as, but not limited to arches, sills, moldings, cornices, and transom windows.

a.

Awning Signs.

A sign painted on or attached to the cover of a movable metallic frame, of the hinged, roll, or folding type of awning is considered an awning sign.

(1)

The sign must be painted on or attached flat against the surface of the awning and not extend beyond the valance.

(2)

Letters shall not exceed ten (10) inches in height.

(3)

A minimum of eight (8) feet above sidewalk level should be maintained for pedestrian clearance.

b.

Free Standing Signs.

A self-supporting sign in a fixed location not attached to any building, wall, or fence is considered a free standing sign.

(1)

Dimensional standards for free standing signs in different sign districts, as provided for in Section 4-16-8, are specified in Exhibit 18. Only one (1) free standing sign is permitted per development parcel, except that an additional sign may be allowed for every 500 feet of road frontage provided signs are at least 200' apart from nearest sign on the same side of the road. (Amended 11/29/01.)

EXHIBIT 18
FREE STANDING SIGNS

*On Corner lots where due to site triangle restrictions, prestige signs are not practical, the Town manager may approve pole signs up to 80 square feet in area.

(****Amended August 12, 1999 and November 29, 2001****)

(2)

A landscaped planting area shall be provided around the base of all free-standing signs. Said planting shall be approved by the Town manager. The planting of annuals/perennials as accent color is encouraged. The landscape treatment shall be designed and maintained so as not to interfere with the visibility of vehicular traffic. (Amended 11/29/01.)

(3)

Free standing signs are encouraged to be illuminated with only steady, stationary, shielded light sources directed solely onto the sign without causing glare, or internally lit. (Amended 11/29/01.)

(4)

Free standing signs can either be pole mounted or be a prestige ground sign.

(5)

Menu boards not exceeding twenty (20) square feet commonly used by drive through establishments are permitted and such area shall not count toward the business' permitted sign area so long as the menu board is not visible from a public right-of-way.

(6)

Entrance signs for residential developments are permitted so long as they comply with the dimensional requirements of the sign district in which they are located.

(7)

Requests for free standing signs exceeding the height/area requirements of Exhibit 18 shall be processed in accordance with Dmp-c (Sec. 2-1-2c).

c.

Marquee Signs.

A sign painted on, attached to, or consisting of an interchangeable copy reader, on a permanent overhanging shelter which projects from the face of a building is a marquee sign.

(1)

Such signs may be painted on or attached flat against the surface of, but not extending above or below the face of the overhanging structure or attached to the underside of the overhang.

(2)

Letters or symbols shall not exceed twelve (12) inches in height.

(3)

A minimum clearance of ten (10) feet above the sidewalk level must be allowed for pedestrian clearance.

d.

Multiple Signs.

A group of signs clustered together into a single sign structure or compositional unit is a multiple sign. Multiple signs are used to advertise several occupants of the same building or building complex.

(1)

The display board shall be of an integrated and uniform design.

(2)

The maximum sign area permitted is sixteen (16) square feet for the sign bearing the name of the building or office park, and two (2) square feet for the name of each business or office located there.

(3)

Multiple signs are permitted in addition to a free standing sign if they are not legible from the public right-of-way. Multiple signs which are legible from a public right-of-way are considered free standing signs and shall abide by the requirements of Section 4-16-7b. (Amended 11/29/01.)

e.

Window Signs.

Neon window signs may be permitted in cases where they are custom designed to be compatible with the building's historic and/or architectural character, and/or where their color has been selected to harmonize with the building's exterior colors or design theme. Neon window signs shall not have an area exceeding twenty percent (20%) of the total window area.

f.

Painted Wall Signs.

A permanent mural or message painted directly onto a building surface is a painted wall sign. These signs shall comply with the dimensional requirements of a wall sign.

g.

Projecting Signs.

A wall-mounted sign mounted perpendicular to the building surface is a projecting sign and shall abide with the following requirements:

(1)

If flat, each face shall not exceed ten (10) square feet.

(2)

The total area of a three-dimensional sign shall be determined by enclosing the largest cross-section of the sign in an easily recognizable geometric shape and computing its area which shall not exceed ten (10) square feet.

(3)

The supporting framework shall be in proportion to the size of the sign.

(4)

The sign shall be hung at right angles to the building and project no closer than two (2) feet to the curb line.

(5)

Signs which overhang a public walkway shall be covered by a public liability insurance policy which names the Town as an insured party.

(6)

The top of the sign may be suspended in line with one of the following, whichever is the most successful application of scale, linear continuity, and visibility as determined by the plan approving authority:

(a).

between the bottom sills of the second story windows and the top of the doors and windows of the ground floor; or

(b).

below the lowest point of the roof of a one story building.

(7)

Projecting signs shall have a minimum clearance of eight (8) feet above grade when located adjacent to or projecting over a pedestrian way. If projecting over a driveway, the clearance must be at least fifteen (15) feet. (Amended 11/29/01.)

h.

Time-Temperature/Changeable Message Board Sign.

(Amended 11-11-99.) (Amended 05-10-01.) (Amended 11/29/01.)

A sign which conveys information about time and/or temperature and/or displays messages by words, letters, or pictures and which may be automatically changed by electronic or other means is not permitted.

Note that the following 1 through 4 items of this section "h" were not deleted on 05/10/01 — these 4 items should apply to the two existing electronic signs—one being located at 5839 Richmond Rd. and the other being located at 4924 Richmond Road.

(1)

Such signs shall not change the time-temperature or message more often than once every six (6) seconds.

(2)

Such signs, shall not display time-temperature or any message by words, letters or pictures which scroll up, down or across or which move in any other fashion.

(3)

Such signs, which shall not exceed (12) square feet in size, shall be calculated as part of the area of the sign.

(4)

No more than one such sign shall be located within one linear mile of another like sign along the same roadway.

i.

Wall Signs.

A sign which is attached parallel to the exterior surface of a building or structure is considered a wall sign.

(1)

Such sign shall not obscure architectural features of the building, such as arches, sills, moldings, cornices, and transoms.

(2)

Such sign shall not extend above the lowest point of the roof, nor beyond the ends of the wall to which it is attached.

(3)

Such signs shall have an aggregate area not exceeding 1.5 square feet for each linear foot of building face parallel to a street lot line. Where a lot fronts on more than one street, the aggregate sign area facing each street frontage shall be calculated separately. (Amended 11/29/01.)

(4)

Where two (2) or more wall signs are affixed to one wall, the total display area shall be the sum total area of all signs.

(5)

Wall signs shall not extend higher than the eave line or top of a parapet wall of the principal building.

(6)

No part of a wall sign, including the display surface, shall extend more than twelve (12) inches from the building surface. (Amended 11/29/01.)

A sign district map is made a part of this Ordinance and is available for review in the Office of the Town Manager.

a.

Types of Districts.

(1)

Residential and Commercial Pedestrian: Generally, the pedestrian-oriented downtown center of Warsaw. This district will include all R-2 and C-1. (Amended 11/29/01.)

(2)

Commercial Roadside: Commercial property consisting primarily of automobile-oriented development. This district will include all C-2 and M-1 areas. (Amended 11/29/01.)

b.

District Requirements.

(1)

Residential and Commercial Pedestrian: Within this district, the intent of the sign regulations is to ensure visual compatibility with the scale and character of the area. The signage is designed to be readable by pedestrians and people in slow-moving vehicles.

Number: There shall be no more than three (3) types of signs employed per building, regardless of number of occupancies. (e.g. free-standing, awning, window; or wall, window and awning). Each ground floor occupant of a building may display up to three (3) types of signs. Each occupant in an upper level of a building may display only one sign. (Amended 11/29/01.)

Materials: Excluding window signs, all signs shall be made of wood and/or metal. If plywood is to be used, it must have exceptionally smooth and weather resistant surfaces, such as those obtained with medium-density overlay ("MDO") board.

Location:

(a).

Signs should be concentrated near the pedestrian level.

(b).

The upper facades of buildings should not be cluttered with signs.

(c).

Signs shall not obscure important architectural details or features such as windows, transom panels, sills, moldings, and cornices.

(d).

Wall signs identifying commercial establishments shall generally be placed within an information band immediately above the storefront windows.

(e).

Signs on adjacent storefronts within the same building shall be coordinated in height and proportion, and should be encouraged to use the same signing format.

Size: The size of signs is restricted to ensure that signs do not overpower the facades to which they are affixed.

Preferred Sign Types: Preferred sign types are multiple sign, wall, neon, window, projecting, marquee, and awning. (Amended 11/29/01.)

(2)

Commercial Roadside - The goal in this district is to provide legible signage for auto-oriented commercial facilities, while moderating visual competition.

Number: There shall be no more than three (3) types of signs employed per building (e.g. free-standing, wall, window). There shall be no more than three (3) separate signs per occupancy.

Materials: The use of wood and metal signs is strongly encouraged.

Location: Signs should be located where they can be most easily read, thus reducing the size needed for legibility.

Size: Due to the traffic speed, and the larger setbacks common in this type of district, larger free standing signs than in Village Centers are permissible. (see Exhibit 18.)

Preferred Sign Types: Preferred sign types are wall and free standing signs. Prestige ground freestanding signs are encouraged rather than pole mounted freestanding signs.

Building permits shall not be required for the following signs although the Town Manager will, at no charge, provide a Certificate of Compliance review.[:]

a.

Address and Name of Resident.

Signs indicating address and/or name of residential occupants of the premises, not exceeding two square feet in area, and not including any commercial advertising or identification.

b.

Artwork.

Works of art that do not include or represent any commercial messages, references, or trademark images.

c.

Banners (Amended 11/29/01).

Promotional or retail which are temporary in nature and are attached to the building or storage facility. In no case shall banners be allowed in excess of thirty days.

d.

Community Entrance Signs.

Including a sign sponsored by the Chamber of Commerce or civic associations provided it complies with the free standing sign dimensional requirements of the sign district in which it is located.

d.

Decals.

Certain decals affixed to windows or door glass panes, such as those indicating membership in a business group or credit cards accepted within the business establishment.

e.

Directional Signs (Amended 11/29/01).

Signs giving on-site directional assistance for the convenience of the public, not exceeding two square feet in area or in violation of a site triangle area.

f.

Flags, Emblems, and Insignia.

Flags, emblems or insignia of any governmental agency or religious, charitable, public or non-profit organization, subject to the following:

(1)

No single flag that is flown shall exceed 40 square feet in area and no more than three such flags may fly on any single lot. If the total area of such flags exceeds 72 square feet, the excess area shall be subtracted from the allowable sign area for the business parcel.

(2)

Flagpoles shall not exceed 25 feet in height. Wall-mounted flags, emblems, or insignia shall be limited to one per business parcel and shall not exceed a total of 40 square feet in area.

g.

Handicapped Parking Space Sign.

Each sign shall not exceed two square feet in area which reserves a parking space for handicapped motorists.

h.

Home Occupation Sign.

On-premises identification signs for home occupations shall not exceed three square feet in area and shall contain only the name of the business and/or business owner. Such signs shall be located on an exterior wall, window, or door of the premises.

i.

Interior Sporting Event Sign.

Signs and scoreboards located within a ball park or other similar public or private recreational area and which are not legible from a public street or adjacent properties.

j.

Interior and Exterior Window, Temporary.

Signs displayed temporarily in the windows of commercial and industrial establishments, however, such signs shall not occupy more than twenty (20) percent of the total window area of any building facade.

k.

Machinery and Equipment.

Signs attached to machinery or equipment which is necessary or customary to a business including, but not limited to, devices such as gasoline pumps, vending machines, ice machines, etc. provided that such signs refer exclusively to products or services offered on the premises and are less than two (2) square feet per device.

l.

Moveable Sign, Temporary.

Restaurant menu boards which are either free-standing or wall signs designed as an outdoor means to provide information on food and beverages, etc. offered on the premises, provided:

(1)

Such signs are not designed to be legible from any vehicular public right-of-way but instead are oriented to pedestrians;

(2)

Do not exceed eight (8) square feet in area;

(3)

Only one such sign shall be permitted per business.

m.

Memorial.

Memorial signs or tablets, cornerstones or names of buildings when cut into masonry or when constructed of bronze or other non-combustible material, but not to exceed ten (10) square feet in area.

n.

Political, Temporary.

(1)

Political campaign signs shall not exceed twenty (20) square feet in area and shall not be illuminated.

(2)

Political campaign signs shall be confined to private property and shall not be affixed to any public structure.

(3)

These signs may be displayed no sooner than forty-five (45) days prior to an election and must be removed within fifteen (15) days after the election.

o.

Private Drive Signs.

On-premises private drive signs limited to one per drive entrance, not exceeding two square feet in area, with language limited to the words "Private Drive" and the address of any residences utilizing the private roadway.

p.

Public Signs.

Signs erected by government agencies or utilities including traffic, utility, safety, and identification signs for public facilities (public buildings, rest rooms, telephone), and any signs erected by the Town Council or under the direction of the Council or as required by this Ordinance.

q.

Religious Bulletin Boards.

Bulletin boards for churches and other permanent places of worship, when located on the same premises as the building to which they refer, and provided that such sign(s) is wall mounted and does not exceed twelve (12) square feet in area and six (6) feet in height. However, if such sign is a free-standing or illuminated sign, a Building Permit shall be required.

r.

Special Notice Placards.

Special notice placards, not to exceed four (4) square feet in area (accumulative for the establishment), attached to a building or to a free-standing sign indicating credit cards which are accepted on the premises, group affiliations of which the business is a member, or clubs or groups which utilize, recommend, inspect or approve the business for use by its members. A permit shall be secured however for any illuminated signs.

s.

Security and Warning Signs.

On-premises signs regulating the use of the premises, such as "no trespassing," "no hunting" and "no soliciting," provided these signs do not exceed two square feet.

t.

Temporary Real Estate Signs.

Temporary signs which indicate the availability of real property for lease or sale, located on the premises being leased or sold.

(1)

Display of such signs shall be limited to one per street frontage not exceeding six feet in height and not exceeding four square feet in size in residential areas and thirty-two (32) square feet in other areas. (Amended 11/29/01.)

(2)

Such signs shall be removed within seven days of settlement or lease of the property.

u.

Vehicular Inspection.

Non-illuminated signs identifying official State automobile inspection stations and the inspection number which is due.

(1)

Such signs shall not exceed sixteen (16) square feet in area and shall be limited to one sign for each street frontage.

(2)

"A-frame" designs shall be considered as a single sign for the purposes of this section and each side shall not exceed sixteen (16) square feet.

v.

Yard Sale/Car Wash.

Non-illuminated signs and posters of less than four (4) square feet in area advertising or providing directions to a residential or civic/community-sponsored yard sale, garage sale or car wash.

The following signs may be erected only after obtaining a temporary permit from the Town Manager. The permit shall cite the length of time the sign may be displayed. If any temporary sign is not removed by the expiration of the appropriate time limit noted in this section, the Town Manager may remove it and charge the costs of removal to the individual or enterprise responsible.

a.

Special Event Signs.

Signs announcing special events including, but not limited to, auctions, grand openings, new management, going out of business, and events sponsored by religious, charitable, or public service groups.

(1)

Any business, individual, or organization may display a maximum of two signs for up to 14 days prior to a special event once in any 12-month period.

(2)

Such signs shall be attached to buildings or existing private sign structures or sign posts with the permission of the owner.

(3)

These signs shall not exceed thirty-two (32) square feet in area each and shall be removed immediately following the event. (Amended 11/29/01.)

b.

Temporary Farm Products Signs.

Temporary on-premises signs announcing the availability of seasonal farm products. The number of signs shall not exceed two and the total area of all such signs shall not exceed 32 square feet, nor shall any sign exceed six feet in height. (Amended 11/29/01.)

c.

Construction Signs[.]

Temporary signs announcing new buildings or projects, are permitted to be erected only after the commencement of building construction or site development.

(1)

Each construction site shall be limited to one construction sign not exceeding thirty-two (32) square feet in area. (Amended 11/29/01.)

(2)

These signs shall be removed by the time a permanent sign is erected or a Certificate of Occupancy Part B for the building is issued, whichever occurs first.

The following signs are expressly prohibited unless specifically stated otherwise in this Ordinance:

a.

Animated and Moving Signs.

Including, but not limited to, pennants, flags with commercial messages, banners, streamers, propellers, discs, and searchlights.

b.

Bag Signs (Amended 05/10/01).

Signs made of cloth or canvas draped, hung or suspended on a pole or other mounting device, including former signs.

c.

Billboards.

Any sign which is not located on the premises that it identifies or advertises.

d.

Flashing Signs.

Any signs that include lights which flash, blink, or turn on and off intermittently, not including time and temperature signs.

e.

Glaring Signs.

Signs with light sources or reflectivity of such brightness that constitute a hazard or nuisance as determined by the Town Manager.

f.

Inflatable Signs and Objects.

Including, but not limited to, balloons.

g.

Portable Signs.

Any sign that is not permanently affixed to a building, structure, or the ground unless otherwise specifically provided for in this Ordinance.

g.

Posters and Handbills.

Any signs affixed to trees or other natural vegetation, rocks or utility poles.

h.

Roof Signs.

Any signs which are erected on a roof or which extends above the lowest point of the roof of the building on which the sign is erected.

i.

Simulated Traffic Signs and Obstructions.

Any sign which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any intersection, or extends into the public right-of-way.

j.

Strings of Lights.

Including lights that outline property lines, sales area, or any portion of a structure, and are intended to advertise or draw attention to a business or commercial activity, except lights which are a part of a holiday celebration or to illuminate a Christmas tree sale lot.

k.

Vehicular Signs.

Any sign displayed on a parked vehicle, where the primary purpose of the positioning of the vehicle is to advertise a product or business or to direct people to a business or activity.

Any sign which does not conform to these provisions on the date this Ordinance is enacted or any date on which this Ordinance is amended, and any sign which advertises a nonconforming use, shall be deemed a nonconforming sign. No nonconforming sign shall be enlarged, extended, structurally reconstructed or altered in any manner, except that a sign face may be changed. (Amended 11/29/01.)

If an approved sign is not erected within a period of 12 months from the date the permit was originally issued, the permit shall expire and become null and void.

a.

Illegal Signs.

The Town Manager may remove or order the removal of any sign not in conformance with the provisions of this Ordinance, at the expense of the sign owner.

b.

Immediate Peril.

A sign shall be removed immediately if the Town Manager finds the sign to be an immediate peril to persons or property. If the Town Manager cannot locate the sign owner or lessor of the sign for immediate removal of the sign, he shall remove or order the removal of the sign at the expense of the sign owner or lessor.

c.

Vacated Businesses or Structures.

Any nonconforming sign associated with a business or structure, which has ceased to operate or has become vacant, shall be determined to be illegal after 12 months. It shall be the responsibility of the property owner to remove the sign prior to the approval of any other sign. (Amended 11/29/01.)