(a)

Purpose. The site plan regulations are intended to facilitate the utilization of the most advantageous techniques in the development of land in the city. These regulations are also designed to promote high standards and innovations in the layout, design and landscaping of new and existing developments to ensure that land is used in a manner which is efficient and harmonious with the community and the environment.

(b)

Relationship to the comprehensive plan. The city comprehensive plan provides a framework within which public and private decisions can promote the most beneficial arrangement of land uses and related public services. There is mutual responsibility between the city and the developer to use land in an orderly manner in accordance with the intent of the plan, which provides for a balanced development policy to accommodate and direct future growth in order to preserve and enhance the character of the community. All departments of the city shall employ, and all other public agencies impacted by this article are encouraged to employ, the standards and recommendations of the city comprehensive plan in review of site plans.

(c)

Relationship to architectural and archaeological review. Articles IX, Architectural Review and XI, Archaeological Review, establish architectural preservation, corridor protection, and archaeological protection districts to preserve, protect, enhance and maintain the historic character, cultural significance and architectural excellence of the city. The corridor protection districts are intended to ensure that the major existing and planned routes of tourist access are developed and maintained in a manner that is harmonious and compatible with the architectural preservation district, which includes the Colonial Williamsburg Historic Area. The archaeological protection district is intended to ensure that archaeological resources in the city are studied and that significant resources are either preserved or recovered through a resource management plan, prior to development in these areas. The application of the architectural and archaeological review regulations, in conjunction with those for site plan review, is intended to ensure that new structures and uses will protect and enhance the character of the architectural preservation and corridor protection districts and preserve or recover significant archaeological resources in the archaeological protection districts.

(d)

Relationship to Chesapeake Bay Preservation Act. This article shall be implemented in concert with city regulations and standards pertaining to the Chesapeake Bay Preservation Act (Code of Virginia, Title 10.1, ch. 21, § 10.1-2100 et seq., as amended) and, more specifically, with article VIII, Chesapeake Bay Preservation. Performance criteria for the implementation of the Act have been incorporated into Article VIII.

(e)

Exceptions to approval. Nothing in this article shall require the approval of any development, use or plan, or any feature thereof, which shall be found by the planning commission to constitute a danger to the public health, safety or general welfare; which shall be determined to be a departure from, or violation of, sound engineering design or standards; or which is in conflict with the comprehensive plan or the Chesapeake Bay Preservation Act.

(Ord. No. 862, 10-10-91; Ord. No. 2-95, 1-12-95)

(a)

Minor site plan administration. The zoning administrator (or the zoning administrator's designee) shall review and approve or disapprove minor site plans. However, minor site plans may, at the discretion of the zoning administrator, be referred to the planning commission for a final decision.

(1)

A decision by the zoning administrator to approve, approve with conditions or disapprove a minor site plan shall be made within 60 days after a minor site plan that meets all the requirements of this article has been officially submitted for approval unless this requirement is waived by mutual consent between the applicant and the zoning administrator. A minor site plan is deemed officially submitted following delivery of the fully completed minor site plan to the zoning administrator. Approval, approval with conditions or disapproval shall be made in writing, with specific reasons given for disapproval.

(2)

The zoning administrator shall act on any minor site plan that has been previously disapproved within 45 days after the minor site plan has been modified, corrected and officially resubmitted for approval. A minor site plan is deemed officially resubmitted following delivery of the modified and corrected minor site plan to the zoning administrator.

(3)

In the case of a minor site plan solely involving parcels of commercial real estate, the failure of the zoning administrator to approve or disapprove a resubmitted plat or plan within the time periods required by this section shall cause the minor site plan to be deemed approved.

(4)

For the purposes of this section, the term "commercial" means all real property used for commercial or industrial uses.

(b)

Site plan administration.

(1)

The planning commission shall review and approve or disapprove site plans, as specified in section 21-780. In the performance of its duties, the planning commission shall request and consider the review and comments of city staff and the site plan review committee, and may consult with other public agencies, if deemed necessary.

(2)

The site plan review committee shall advise the planning commission on issues pertaining to the review and approval or disapproval of site plans, and shall be composed of three or four members of the planning commission, who shall be appointed by the chair of the planning commission for annual terms.

(3)

The planning commission shall act through the zoning administrator in the administration of this article. The zoning administrator shall be responsible for the receipt and processing of site plan applications, and shall establish such administrative procedures as shall be necessary for the proper administration of this article. These administrative procedures shall be approved by the planning commission.

a.

Notification for site plans not requiring a special use permit.

1.

Written notice shall be given by the zoning administrator at least five days before the planning commission meeting at which the site plan will be considered to the owner or owners, their agent or the occupant, of each parcel involved; to the owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected, including those parcels which lie in other localities of the commonwealth; and, if any portion of the affected property is within a planned unit development, then to such incorporated property owner's associations within the planned unit development that have members owning property located within 2,000 feet of the affected property as may be required by the commission or its agent. Notice sent by first class mail (with an affidavit by the zoning administrator or the zoning administrator's designee) that such mailings have been made filed with the papers of the site plan review case) to the last known address of such owner as shown on the current real estate tax assessment records shall be deemed adequate compliance with this requirement.

2.

In addition to the notices required, there shall be posted upon the affected parcel or parcels, clearly visible from a public street, a sign containing the heading "PUBLIC NOTICE" prominently displayed in bold print. Such sign shall state the site plan review case number and the telephone number of the planning department. Such notice shall be posted at least 14 days prior to the planning commission meeting at which the site plan will be considered. Failure to constantly maintain such sign on the property until the date of the planning commission public hearing shall not invalidate the approval of the site plan. An affidavit by the zoning administrator, or the zoning administrator's designee, stating that the required sign was properly posted shall be prima facie evidence that the posting requirement was complied with.

b.

Notification for site plans requiring a special use permit.

1.

Notification for site plans requiring a special use permit shall be in accordance with article II, division 2, Special Use Permits, sections 21-45 and 21-46.

(4)

Approval of site plans.

a.

A decision to approve, approve with conditions or disapprove a site plan shall be made by the planning commission within 60 days after a site plan that meets all the requirements of this article has been officially submitted for approval unless this requirement is waived by mutual consent between the applicant and the zoning administrator. A site plan is deemed officially submitted as of the next site plan review schedule submittal deadline following delivery of the fully completed site plan to the zoning administrator. Approval, approval with conditions or disapproval shall be made in writing, with specific reasons given for disapproval.

1.

The planning commission shall act on any site plan that has been previously disapproved within 45 days after the modified, corrected and resubmitted site plan has been officially submitted for approval unless this requirement is waived by mutual consent between the applicant and the zoning administrator. A site plan is deemed officially resubmitted as of the next site plan review schedule submittal deadline following delivery of the modified and corrected site plan to the zoning administrator. Approval, approval with conditions or disapproval shall be made in writing, with specific reasons given for disapproval.

2.

In the case of a site plan solely involving parcels of commercial real estate, the failure of the planning commission to approve or disapprove a resubmitted site plan within the time periods required by this section shall cause the site plan to be deemed approved.

3.

For the purposes of this section, the term "commercial" means all real property used for commercial or industrial uses.

b.

Reserved.

c.

Approval of a final site plan shall be valid for a period of five years after the date of approval, unless a building permit has been obtained for construction; or, if a building permit has been issued and construction has not commenced, upon the expiration of the building permit. A site plan shall be deemed final once it has been reviewed and approved by the planning commission, per subsection 21-777(b), or by the zoning administrator or his designee in the case of a minor site plan per subsection 21-777(a) if the only requirements remaining to be satisfied in order to obtain a building permit are the posting of any bonds and escrows or the submission of any other administrative documents, agreements, deposits, or fees required by the city in order to obtain the permit. However, any fees that are customarily due and owing at the time of review of the site plan shall be paid in a timely manner. No change or amendment to this chapter adopted subsequent to the date of approval of the site plan shall adversely affect the right of the developer to commence and complete the development in accordance with the approved site plan unless the change or amendment is required to comply with state law or there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare. The above notwithstanding, in accordance with Code of Virginia, § 15.2-2209.1B, any valid special exception, special use permit, or conditional use permit outstanding as of January 1, 2011, and related to new residential or commercial development, any deadline in the exception permit, or in the zoning ordinance that requires the landowner or developer to commence the project or to incur significant expenses related to improvements for the project within a certain time, shall be extended until July 1, 2017, or longer as agreed to by the city. The provisions of this subsection shall not apply to any requirement that a use authorized pursuant to a special exception, special use permit, conditional use permit, or other agreement or zoning action be terminated or ended by a certain date or within a set number of years. Such extension shall not be effective unless any unreleased performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force.

d.

When a site is being developed in phases, the site plan shall remain valid so long as substantial construction work does not stop for more than two years.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 16, 1-13-94; Ord. No. 2-95, 1-12-95; Ord. No. 19-98, 6-11-98; Ord. No. 08-32, 11-13-08; Ord. No. 12-33, 12-13-12; Ord. No. 14-06, 1-9-14; Ord. No. 15-23, 10-8-15)

(a)

Purpose. The preliminary site plan conference is an opportunity for a developer or owner of property to informally present conceptual plans to the city staff and/or the planning commission. This conference allows the applicant to understand and anticipate site-related issues, site plan requirements and design issues prior to the submittal of final plans. This conference is required prior to the submission of the final site plan for review.

(b)

Intent. The preliminary site plan conference is intended to examine the following:

(1)

Location, use, design, scope, type, density, physical characteristics and phasing of proposed development.

(2)

The impact of the proposed development on adjacent property.

(3)

The impact of the proposed development on archaeological resources, when applicable.

(4)

Coordination of the proposed development with the city comprehensive plan, any adopted master facilities plans, the capital improvements program, and plans for the development of neighboring properties.

(5)

Coordination of transportation improvements with other existing and planned streets within the general area of the proposed development and otherwise conforming to the provisions of the transportation section of the comprehensive plan.

(6)

Coordination of the proposed development with applicable ordinances, design guidelines and development criteria, and particularly those contained in article IX, Architectural Review, article XI, Archaeological Review, and article VIII, Chesapeake Bay Preservation.

(c)

Preliminary site plan conference requirements. Prior to the conference, the applicant should provide a preliminary site plan package including sketches, exhibits or other materials addressing the proposed development. The following items shall be considered:

(1)

Placement of buildings, parking, driveways and walkways, utilities, stormwater management facilities and other essential site items.

(2)

Impact of traffic and proposed transportation improvements.

(3)

Phasing of the proposed development, and the master plan for the property when only a portion of the property is proposed to be developed.

(4)

Compatibility of the proposed project with the city comprehensive plan and the architectural and archaeological review districts (article IX, Architectural Review and article XI, Archaeological Review).

(5)

Impact of the proposed project on the resource protection and resource management districts (article VIII, Chesapeake Bay Preservation).

(6)

Impact of the proposed project on adjacent land uses.

(d)

Identification of site plan issues.

(1)

The zoning administrator, city staff and/or the planning commission shall, during the review of the preliminary site plan, identify those comprehensive planning issues, site planning considerations, regulations and other provisions which are found to be applicable to the proposal under review.

(2)

In the event that any issues remain unresolved following the preliminary site plan conference, the applicant may be required to submit additional information, sketches and exhibits prior to the submittal of the final site plan.

(e)

Waiver of preliminary site plan review. The zoning administrator may waive the requirements for the preliminary site plan review conference if it is determined that the site-related and design issues are of a nature that can be satisfactorily resolved during the regular review process.

(Ord. No. 862, 10-10-91; Ord. No. 2-95, 1-12-95; Ord. No. 15-95, 7-13-95)

(a)

Uses requiring minor site plan approval. Minor site plan approval is required for the construction or expansion of the following, provided that, if there is construction or clearing and grading in a resource protection area, a site plan in accordance with section 21-780 shall be required:

(1)

Single-family detached dwellings.

(2)

Duplexes.

(3)

Additions to single-family detached or duplex dwellings exceeding 250 square feet in footprint area.

(4)

Residential accessory buildings exceeding 250 square feet in footprint area.

(5)

Enlargement of a building otherwise requiring a site plan, but which does not result in any changes in parking lots except as allowed in subsection (7) below; provided that the enlargement does not exceed 25 percent of the gross floor area of the existing building, or 2,500 square feet, whichever is the least.

(6)

Parking areas in conjunction with the renting of a bedroom or bedrooms in a single-family detached dwelling, as regulated by section 21-605.

(7)

Enlargement of a parking lot that does not increase the number of parking spaces by more than ten spaces, and which does not require changes to vehicular access from a public street.

(8)

Changing the parking layout of existing parking lots without increasing the area used for parking, provided that no changes to vehicular access from a public street are proposed.

(9)

Restoration and/or reconstruction of buildings constructed prior to the year 1800, based on documented historical and/or archaeological evidence, and located in the Colonial Williamsburg historic area CW.

(b)

Minor site plan submittal requirements.

(1)

Minor site plans shall be drawn to scale, and prepared by an engineer, architect, land surveyor or landscape architect licensed to practice in accordance with Code of Virginia, § 54-17.1, as amended. No person shall prepare or certify design elements of minor site plans which are outside the limits of their professional expertise and license.

(2)

Minor site plans shall include the following information:

a.

The boundaries of the lot by bearings and distances, and a north arrow.

b.

The area of the lot.

c.

The location of the edge of pavement or curbline along the frontage of the property.

c.1.

Building restriction lines and required setbacks including the limits of resource protection areas (RPAs) and resource management areas (RMAs), as specified by article VIII, Chesapeake Bay Preservation.

d.

Size, location and use of existing buildings.

e.

Location of the proposed improvements (including buildings, driveways and parking areas) and distances from all property lines.

f.

The dimension, height and use of the proposed improvements.

g.

Limits of clearing and grading.

h.

Landscape plan:

1.

For single-family and duplex dwellings, a landscape plan showing the canopy, dimensions and location of any existing and proposed trees and other woody vegetation located in a resource protection area (RPA). Where there are groups of five or more trees, such groups may be outlined at the perimeter canopy line instead. Trees that must be removed to accommodate the proposed development shall be clearly shown on the plan. Measures for the protection of existing trees during clearing, grading and all phases of construction shall also be shown, and shall conform to specifications contained in the Virginia Erosion and Sediment Control Handbook, latest edition.

2.

For all other uses requiring a minor site plan, a landscape plan in accordance with section 21-784 shall be submitted.

i.

Erosion and sedimentation control measures in accordance with chapter 7, article II, Erosion and Sedimentation Control.

j.

Measures to be taken for the protection of the resource protections areas (RPAs) during clearing, grading and all phases of construction. The following notations shall be included:

1.

"All existing vegetation within the RPA shall remain in its undisturbed natural state, except as allowed by Article VIII, Chesapeake Bay Preservation, Sec. 21-821(d)(5) of the Williamsburg Zoning Ordinance."

2.

"Permissible development in the RPA is limited to water dependent facilities, redevelopment, or other uses specifically allowed by Sec. 21-818 of the Williamsburg Zoning Ordinance."

k.

Location of any proposed buffer area, with any plant material to be added to establish or supplement the buffer area.

l.

Evidence of the issuance of, or application for, any required wetlands permits, in accordance with chapter 7, article III, Wetlands.

m.

Existing topography and proposed grading, with contour intervals of two feet or less, when deemed necessary by the zoning administrator.

(c)

Foundation survey. No work on a new building or addition that is required to have a minor site plan shall be approved to proceed above the foundation or slab until the zoning administrator has received a survey prepared by a certified land surveyor licensed to practice in accordance with Code of Virginia, § 54-17.1, as amended, showing that the foundation or slab, as constructed, is located in accordance with the approved minor site plan and any other applicable ordinances.

(d)

Waivers. The minor site plan and/or foundation survey requirements may be waived or modified if it is determined by the zoning administrator that sufficient evidence has been provided to show that the proposal meets all zoning requirements and all regulations and standards pertaining to the Chesapeake Bay Preservation Act and, more specifically, meets all applicable requirements of article VIII, Chesapeake Bay Preservation.

(Ord. No. 862, 10-10-91; Ord. No. 08-32, 11-13-08; Ord. No. 11-04, 3-10-11; Ord. No. 11-13, 7-14-11)

Uses requiring site plan approval are as provided in this section. Site plan approval is required for the construction or expansion of the following:

(1)

Multifamily dwellings.

(2)

Townhouses.

(3)

Playgrounds, parks and athletic fields owned and/or operated by the City of Williamsburg.

(4)

Public buildings owned and/or operated by the City of Williamsburg.

(5)

All special use permit uses.

(6)

All permitted non-residential uses in the LB-1, LB-2, LB-3, LB-4, B-1, B-2, B-3, ED, ED-2, MS, WM, PDR and PDD districts, except for those uses requiring a minor site plan (section 21-779).

(7)

Parking lots, other than an expansion allowed as a minor site plan (section 21-779(a)(7)).

(8)

All special exception uses in the Colonial Williamsburg historic area CW, except for those uses requiring a minor site plan (section 21-779(a)(9)).

(9)

Water-dependent development located in a resource protection area.

(Ord. No. 862, 10-10-91; Ord. No. 04-23D, 10-14-04; Ord. No. 05-14C, 6-9-05; Ord. No. 08-32, 11-13-08)

(a)

Certification. Site plans or any portion thereof involving engineering, architecture, landscape architecture or land surveying shall be certified by an engineer, architect, land surveyor or landscape architect licensed to practice in accordance with Code of Virginia, § 54-17.1, as amended. No person shall prepare or certify design elements of site plans which are outside the limits of their professional expertise and license.

(b)

Scale. Site plans shall be prepared to an engineer's scale appropriate to the lot size and intensity of use, and acceptable to the zoning administrator. Sheet size shall be 24 inches by 36 inches; however, the zoning administrator may approve different sheet sizes in advance of plan submission.

(c)

Site plan title sheet. The site plan title sheet shall contain the following information:

(1)

Title block:

a.

Project name.

b.

Name, address and telephone number of the firm and/or individual preparing the site plan.

c.

Scale of site plan.

d.

Date of preparation of site plan, and dates and descriptions of all revisions.

e.

Description of the purpose of the site plan.

f.

The firm's file number for the site plan.

(2)

Location of tract by an insert map at a scale of not more than one inch equals 2,000 feet, showing landmarks sufficient to clearly identify the location of the property.

(3)

A general information section indicating the number of sheets comprising the site plan, and an index showing the locations of the various sheets.

(4)

Rezoning proffers, special use permit conditions and waivers or variances granted shall be referenced.

(5)

The zoning of the parcel.

(6)

Total site acreage.

(7)

A blank space four inches by six inches shall be reserved for the use of the city on the lower righthand corner of the title sheet.

(d)

General information required. The following general information is required:

(1)

Seal and signature, on each sheet, by the Virginia registered professional engineer, land surveyor, landscape architect or architect responsible for its preparation. One copy of the plan set shall be submitted with original signatures on each sheet.

(2)

The owners, present zoning and current use of all abutting or contiguous parcels.

(3)

The boundaries of the property by bearings and distances.

(4)

Existing topography with a maximum contour interval of two feet; except that, where existing ground is on a slope of less than two percent, either one-foot contours or spot elevations shall be provided where necessary, but not more than 50 feet apart. Topographic mapping shall identify all significant vegetation, natural features, rock outcroppings and existing cultural features, and shall be supplemented with full verification and location of all underground structures, utilities and public improvements located on or impacting the development of the property.

(5)

North arrow.

(6)

All horizontal dimensions shown on the site plan shall be in feet and decimal fractions of a foot to the closest 0.01 foot.

(7)

Geometric location data for all public rights-of-way, common areas, utility centerlines and easements, structures and lot lines.

(8)

A development phasing plan if the proposed project is to be constructed in two or more phases.

(9)

If the site plan is shown on more than one sheet, match lines shall clearly indicate where the several sheets join and an index shall be shown locating the sheets.

(10)

Building restriction lines and required setbacks.

(e)

Existing features. Information on existing features shall be provided as follows:

(1)

The location, height, floor area and use of all existing buildings and structures, and their distance from all property lines and from each other.

(2)

All existing streets, utilities, easements and watercourses, and their names and widths.

(3)

Existing natural land features, trees, water features and all proposed changes to these features shall be indicated on a landscape plan (see section 21-784). Water features shall include ponds, lakes, streams, wetlands, floodplains, drainage areas and stormwater retention areas.

(3.1)

Location of resource protection areas (RPAs) and resource management areas (RMAs), as specified by article VIII, Chesapeake Bay Preservation, and measures to be taken for the protection of the RPAs during clearing, grading and all phases of construction. The following notations shall be included:

a.

"All existing vegetation within the RPA shall remain in its undisturbed natural state, except as allowed by Article VIII, Chesapeake Bay Preservation, Section 21-821(d)(5) of the Williamsburg Zoning Ordinance."

b.

"Permissible development in the RPA is limited to water dependent facilities, redevelopment, or other uses specifically allowed by Sec. 21-818 of the Williamsburg Zoning Ordinance."

(4)

Gross acreages of the following physical land units shall be tabulated and computed by accurate planimetric methods at the site plan scale:

a.

Slopes less than ten percent.

b.

Slopes from ten percent but less than 20 percent.

c.

Slopes from 20 percent but less than 30 percent.

d.

Slopes 30 percent or greater.

e.

100-year floodplains.

f.

Wetlands.

g.

Existing water features (bodies of water, drainage channels, streams, etc.).

h.

Above ground electric transmission line easements.

i.

Resource protection areas and resource management areas as specified by article VIII, Chesapeake Bay Preservation.

These areas shall also be graphically identified on the site plan.

(f)

Proposed improvements. Information on proposed improvements shall be provided as follows:

(1)

The location and use of all proposed buildings and structures and their distance from all property lines and from each other.

(2)

Proposed building height and square footage.

(3)

Proposed streets, utilities and easements, and their names and widths.

(4)

Written schedule or data as necessary to demonstrate that the site can accommodate the proposed use, including: acreage occupied by each use; number of floors, and height; floor area ratio for office, commercial and industrial uses; lot coverage (amount of impervious cover); acreage occupied by open space; number of dwelling units by type and size; and net residential density. A development sequencing plan shall be presented with any project which is to be constructed in two or more phases.

(5)

Sufficient information to show that the physical improvements associated with the proposed development are compatible with existing or proposed development of record on adjacent properties, which may include schematic plans for stormwater management, utilities and transportation improvements.

(6)

Proposed finished grading by contours, to be supplemented by finished spot elevations and sectional design information.

(7)

Locations and computations of percent and acreage of all open spaces; and identification of areas for, and improvements to, all recreational facilities, including percent and acreage.

(8)

Location and method of garbage and refuse collection.

(9)

Location and type of all proposed signage.

(10)

Location and design of any retaining walls.

(g)

Landscape requirements. A landscape plan, in accordance with section 21-784, Required landscaping, shall be provided.

(h)

Erosion and sedimentation control. Provisions for the adequate control of erosion and sedimentation, as required by chapter 7, article II, Erosion and Sedimentation Control, shall be indicated on the site plan. When necessary for clarity, this information shall be indicated on a separate sheet or sheets.

(i)

Streets and parking. Information on streets and parking shall be provided as follows:

(1)

Location of all off-street parking and loading spaces, handicapped parking spaces, driveways, existing and proposed vehicular access for the site, entrance types, sidewalks and walkways, size and angle of parking bays and width of aisles (as required by article V, Parking, section 21-703), and a specific schedule showing the number of parking spaces provided and the number required by article V, Parking, section 21-707.

(2)

Typical proposed roadway and parking area pavement cross sections, and design support calculations.

(3)

Location of proposed street signs.

(4)

Plans and profiles for all street improvements in public rights-of-way, including centerline elevations computed to the nearest 0.01 foot at 50-foot horizontal station intervals and at other locations of geometric importance.

(5)

Existing and proposed curb, gutter and sidewalks along all streets contiguous to the project.

(6)

Site distances, both horizontal and vertical, at all proposed entrances.

(7)

Entrance grades (in percent) noted.

(j)

Drainage. Information on drainage shall be provided as follows:

(1)

Plans in accordance with adopted stormwater management standards for the city.

(2)

Plans of contributing drainage areas and the computed limits of the 100-year floodplain, with drainageway cross sections and water surface elevations plotted on a profile of the pre- and post-development condition, when required by the director of public works.

(3)

Plans and profiles detailing the provisions for the adequate disposition of stormwater in accordance with the city's design and construction standards, indicating:

a.

The location, size, type and grade of ditches;

b.

Catchbasins and inlets;

c.

Pipes and connections to existing drainage systems;

d.

Verification of receiving line or channel adequacy;

e.

Best management practices (BMP) water quality facilities;

f.

Onsite stormwater retention where deemed appropriate and necessary by the director of public works.

(4)

Calculations for drainage and stormwater management.

(5)

Floodplain studies when required by the director of public works.

(6)

100-year floodplain limits.

(7)

Drainage divides and areas.

(8)

Two-, ten- and 100-year elevations shown for stormwater management ponds.

(k)

Utilities. Information on utilities shall be provided as follows:

(1)

Plans in accordance with any adopted water and sewerage facilities plan for the city.

(2)

Plans and profiles for all existing and proposed public utilities, including elevations computed to the nearest 0.01 foot at 50-foot horizontal station intervals and at other locations of geometric importance.

(3)

Location of all sanitary sewer lines and water lines, verifying supply and receiving line adequacy, and showing all pipe sizes, types and grades.

(4)

Location of all existing and proposed fire hydrants, and calculations verifying adequacy of fire flow when required by the director of public works and utilities or the fire chief.

(5)

The design, location, height, illumination intensity in footcandles, and luminaire type of all exterior lighting fixtures. The direction of illumination and methods to eliminate glare onto the adjoining properties must also be shown.

(l)

Additional information. When deemed necessary by the planning director, the following information shall be provided:

(1)

A traffic impact analysis, showing the effect of traffic generated by this project on surrounding streets and neighborhoods.

(2)

A public utility analysis, showing the effect of this project on public water, sewer and/or storm drainage facilities.

(3)

Any other additional information necessary to render a decision on the proposal.

(Ord. No. 862, 10-10-91; Ord. No. 04-23D, 10-14-04; Ord. No. 11-04, 3-10-11; Ord. No. 11-13, 7-14-11)

(a)

No more land shall be disturbed than is reasonably necessary to provide for the desired use or development. All site plans shall clearly designate land areas to be disturbed.

(b)

Indigenous vegetation shall be preserved to the maximum extent possible consistent with the proposed use and development.

(c)

Best management practices shall be applied to all land-disturbing activities regulated by this article.

(d)

Land development proposals shall be designed to minimize impervious cover consistent with the particular use proposed.

(e)

New construction on slopes in excess of 30 percent shall be prohibited, unless approved by City Council pursuant to Section 21-626 or a waiver is granted by the zoning administrator pursuant to Section 21-788.

(f)

If a building, structure or site improvement is demolished or removed, the area shall be graded, topsoiled and seeded within 30 days unless a minor site plan or site plan has been submitted and approved.

(Ord. No. 862, 10-10-91; Ord. No. 08-06, 3-13-08; Ord. No. 13-29, 8-8-13; Ord. No. 20-15, 9-10-20)

The following improvements shall be required for all site plans:

(1)

Streets and utilities.

a.

There shall be construction of and/or fee dedication for the widening or relocation of existing streets, and the construction of new streets, where the need for such street improvements are substantially generated by the proposed development.

b.

Easements or rights-of-way shall be dedicated for all publicly maintained utilities. The easement/right-of-way widths shall meet the appropriate city standards.

(2)

Curb, gutter and sidewalks.

a.

Curb and gutter shall be required along existing and proposed public streets in all areas designated for such improvements by the city, and shall be constructed to meet the appropriate city standards.

b.

Sidewalks shall be required along existing or proposed public streets in all areas designated for such improvements by the city, and shall be constructed to meet the appropriate city standards.

(3)

Parking lots.

a.

Parking lots containing more than five parking spaces, and associated driveways, shall be constructed of concrete, asphalt, brick, interlocking pavers or other equivalent permanent surface. However, the planning commission may approve compacted stone parking areas for vehicle storage lots for automobile dealers, overflow parking areas and other limited use parking facilities.

b.

Parking lots containing up to five parking spaces shall be constructed of compacted stone or other acceptable all-weather surface.

c.

Parking lots shall be adequately illuminated during non-daylight hours. Lighting shall be designed and arranged to direct light and glare away from abutting properties and adjacent rights-of-way. Lighting fixtures and intensity levels should be compatible with both natural and architectural characteristics of the development, as well as providing adequate illumination for public safety and security.

d.

[Angle of parking.]

*Minimum width of traffic aisles in parking lots for two-way traffic shall be 24 feet. Additional width may be required if needed for access of emergency vehicles.

(4)

Private streets and driveways.

a.

Private streets and driveways for multifamily and townhouse developments, and for Planned Development Residential PDR and Planned Development Downtown PDD projects, shall be constructed with whichever of the following is the more stringent requirement:

1.

A minimum cross section of six inches of aggregate base material, VDOT type 21-B or equivalent; three inches of base bituminous concrete, VDOT type BM-2 or equivalent; and one and one-half inches of surface bituminous concrete, VDOT type SM-2a or equivalent; or

2.

In accordance with the VDOT Pavement Design Guide for Subdivision and Secondary Roads in Virginia.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 15, 1-13-94; Ord. No. 11-98, 4-9-98)

(a)

Purpose. The purpose of this section is to establish general standards and processes by which the city's landscape architecture and urban design objectives will be implemented. These regulations are designed to: (a) preserve and enhance the aesthetic character of the community; (b) conserve and protect sensitive environmental resources; (c) enhance erosion and sediment control practices through the use of plant materials and ground cover; and (d) improve the physical relationship between adjacent properties via sensitive landscaping and buffering.

(b)

General standards. The following general standards shall apply to the planning, design, installation and maintenance of all landscape, screening and related site development practices required by this section:

(1)

Landscape design plans for any site development activity shall be guided by the standards and recommendations of the comprehensive plan.

(2)

Landscape design plans shall seek to maximize the preservation of existing trees and minimize the disruption of established landscape materials by employing preservation and protection criteria such as those provided in the Virginia Erosion and Sediment Control Manual and the state's Urban Best Management Practices Handbook.

(3)

The quality and type of all new plant materials installed on a site shall be in accord with the standards of the most recent edition of the "American Standard for Nursery Stock," published by the American Nursery and Landscape Association, provided that the transplanting of trees and shrubs may be done in accordance with accepted horticultural and silvicultural practices. All Landscaping shall be installed in accordance with accepted planting practices and procedures. The planting and placement of trees shall be done in accord with the "Standardized Landscape Specifications for the Commonwealth of Virginia," latest edition, prepared and approved by the Virginia Nursery & Landscape Association, Inc. and the Virginia Society of Landscape Designers. Landscaped areas shall require protection from vehicular encroachment by wheel stops, concrete or bituminous curbs, or similar measures.

(4)

The use of a mixture of indigenous seasonally variable, evergreen and deciduous shrubs, ornamental and shade trees, groundcovers and perennials that reduce the necessity for application of chemical fertilizers, pesticides and potable water is strongly encouraged. Invasive and alien species known to overtake natural areas, are difficult to manage and aggressively out compete indigenous species for water, nutrients and sunlight are strongly discouraged for landscaping. The planning commission may adopt a list of plants that should be discouraged in landscape plans.

(5)

The landscaping, screening and buffering standards established by these landscape requirements provide minimum guidelines for landscape design for residential, institutional, commercial and industrial properties.

(c)

Tree cover and site landscaping standards.

(1)

The applicant shall make every effort to protect existing trees in the design and development of projects requiring minor site plan and site plan approval.

(2)

The minor site plan or site plan shall include the planting and/or replacement of trees on the site to the extent that, at a maturity of 20 years, minimum tree covers will be provided in accord with the following standards:

a.

Business, commercial and industrial development: Ten percent of the total site area.

b.

Residential development (greater than ten dwelling units/acre): 15 percent of the total site area.

c.

Residential development (ten dwelling units/acre and less): 20 percent of the total site area.

(3)

Tree cover is defined as the area beneath the crown and within the dripline of a tree.

(4)

Existing trees which are to be preserved may be included to meet all or part of the tree cover required by section 21-784(c)(2), and the number of trees required by section 21-784(d), provided that these trees are field located and identified on the landscape plan. During construction, reasonable efforts shall be made to protect these trees. Protective barriers shall be put in place around the trees to protect the critical root zones. The minimum radius of undisturbed area shall be determined by multiplying the tree's diameter at breast height (DBH) in inches by one foot (i.e. a six-inch diameter tree would have an undisturbed area radius of six feet), and all construction activities shall be prohibited within this area. All temporary construction activities shall also be prohibited within the minimum undisturbed areas, including all excavating, filling, trenching, construction storage and dumping, and parking of construction equipment/vehicles or employee vehicles. No permanent fill shall be added in the minimum undisturbed area; if fill is necessary for the site, appropriate tree wells shall be placed around the trees at the edge of the minimum undisturbed area.

(5)

All landscape materials required by this section (section 21-784) shall conform to the following minimum size and height standards:

a.

Deciduous shade trees: Two-inch caliper.

b.

Ornamental trees: Six-foot height.

c.

Evergreen trees: Six-foot height.

d.

Evergreen shrubs: 18-inch height or spread.

e.

Deciduous shrubs: 24-inch height or spread.

(6)

Building landscaping.

a.

When landscaped open space is required, a landscape strip with a minimum width of five feet shall be established along 50 percent of the front and side building perimeter.

1.

A variety of shrubs and other ground covers, with a maximum mature height of three to five feet, shall be planted in this landscape strip.

2.

Buildings in a shopping center that are designed for occupancy by multiple tenants shall be exempt from this requirement.

(d)

Parking lot landscaping.

(1)

All parking lots shall contain within interior and perimeter planting areas not less than one tree for every eight parking spaces or fraction thereof. Such trees shall be reasonably dispersed throughout the interior of the parking lot in accordance with good landscape and urban design practices, and may be used to meet the tree canopy cover requirements of section 21-784(c)(2).

(2)

Parking lots and interior driveways shall be separated from a public street right-of-way by a landscape strip that has a minimum inside dimension of at least 15 feet (not including sidewalk). However, this requirement shall not apply to driveways shared by adjoining properties. At least one deciduous shade tree for each 40 feet of frontage and at least one ornamental tree for every 40 feet of frontage shall be planted in the landscape strip, and may be used toward meeting the tree requirement in section 21-784(d)(1). A variety of shrubs and other ground covers shall be provided within the landscape strip to establish a low-level visual buffer, with a maximum mature height of three to five feet, between the parking lot and the public street. Generally, the shrubs and ground covers should be planted in an irregular line. The landscape design for such shrubs and other ground covers shall also serve to direct and control pedestrian access into parking lots.

(3)

Parking lots shall be separated from side property lines by a landscape strip that has a minimum inside dimension of at least ten feet; and from the rear property line by a landscape strip that has a minimum inside dimension of at least ten feet. A minimum of one deciduous shade tree for each 40 feet of contiguous property line and one ornamental tree for each 40 feet of contiguous property line shall be planted in this landscape strip, and may be used to meet the tree requirement in section 21-784(d)(1). Shrubs and other ground covers shall be provided within the landscaping strip to establish a low-level visual buffer, with a maximum height of three to five feet, between the parking lot and adjoining properties.

(4)

The primary landscaping materials used in parking lots shall be deciduous shade trees. Evergreen trees, shrubs and other live planting material shall be used to complement the deciduous shade tree plantings.

(5)

Planting areas used for deciduous trees shall have a minimum inside dimension of ten feet, except that this shall not apply to tree planting areas in sidewalks.

(6)

Landscape islands for parking bays and driveways.

a.

Interior parking bays shall have a landscape island at the ends of each bay and an average spacing of one landscape island every ten parking spaces. These landscape islands shall have a minimum inside dimension of ten feet.

b.

Interior parking bays for motor vehicle, boat and watercraft display lots shall have a landscape island at the ends of each bay, and no intermediate islands shall be required. These landscape islands shall have a minimum inside dimension of ten feet.

c.

Interior parking bays with a landscape island with a minimum inside dimension of ten feet for the entire length of the parking bay shall have a landscape island at the ends of each bay, but intermediate landscape islands shall not be required. These landscape islands shall have a minimum inside dimension of ten feet.

d.

Perimeter parking bays adjacent to front, side and rear landscape strips shall have a landscape island at the ends of each bay, but intermediate landscape islands shall not be required. These landscape islands shall have a minimum inside dimension of ten feet.

e.

Interior collector driveways that do not provide direct access to parking spaces shall be separated from parking spaces by a landscape strip with a minimum inside dimension of ten feet for the entire length of the driveway.

(7)

Methods of irrigating parking lot landscape material, if provided, shall be described.

(e)

Transitional screening open space.

(1)

Transitional screening open space shall be provided when required by the regulations for the individual zoning districts, and shall be designed to provide an effective yearround visual screen between the proposed development and adjoining properties. Evergreen trees, evergreen shrubs and other ground covers shall be employed for screening purposes, and may be supplemented with deciduous shade trees.

(2)

If the planning commission determines that noise, dust and debris, glare or other objectionable impacts created by a proposed development will have a detrimental effect on adjoining property which will not be adequately addressed by the screening required by this section, the planning commission may require additional landscaping and/or architectural barriers to provide the necessary screening between the proposed development and adjoining properties.

(f)

Modification of landscape standards. Modifications to the tree cover, site landscaping and parking lot landscaping standards contained in this section (section 21-784) may be approved when all of the following conditions are met to the satisfaction of the planning commission:

(1)

The landscape plan is prepared and certified by a certified landscape architect licensed to practice in the state.

(2)

The landscape plan meets the stated intent of this section (section 21-784).

(3)

The landscape plan provides plantings of similar character, density and screening impact to those required by the standards contained in this section (section 21-784).

(g)

Maintenance.

(1)

The property owner shall be responsible for the continued maintenance, repair and replacement of all landscaping materials, buffers and screening required by the provisions of this chapter.

(2)

All plant material shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris.

(3)

A failure to adequately maintain landscape improvements in a healthy state and to keep such improvements free of litter, refuse and debris shall be deemed a violation of this chapter.

(h)

Landscape plan requirements.

(1)

The landscape plan shall be indicated on the site plan. When necessary for clarity, this information shall be indicated on a separate sheet or sheets.

(2)

The landscape plan shall include:

a.

Canopy dimensions, location, size, description and botanical name of all existing trees on the site of 12 inches or greater diameter at breast height (DBH). Where there are groups of five or more trees, such groups may be outlined at the perimeter canopy line instead. The location of other trees, shrubs, ground covers and planting beds shall also be shown.

1.

For land located in a resource protection area (RPA), the canopy, dimensions and location of any existing and proposed trees and other woody vegetation shall be shown. Where there are groups of five or more trees, such groups may be outlined at the perimeter canopy line instead.

b.

Canopy dimensions, location, size, description and the botanical name of proposed trees, landscape materials, ground covers and planting beds.

c.

Accurate location and botanical name of all existing landscape materials proposed to be removed during the site development process, including the location and botanical name of any diseased trees which should be removed during site development.

d.

Accurate location and botanical name of all existing landscape materials to be retained during the site development process as well as tree protection measures to be implemented during the site construction process, in accordance with specifications contained in the Virginia Erosion and Sedimentation Control Handbook, latest edition.

e.

Planting specifications and installation details, including a schedule of recommended planting times for trees, shrubs and ground covers.

f.

Limits of grading and site-disturbing activities.

g.

Delineation of required setbacks.

h.

Acreage and location of proposed landscape and buffer areas, tabulated and computed by accurate planimetric methods at the site plan scale.

i.

Location of total site tree canopy cover at ten-year maturity, tabulated and computed by accurate planimetric methods at the site plan scale.

(i)

Landscape plans for the Colonial Williamsburg historic area CW. Landscape plans for the Colonial Williamsburg historic area CW shall be exempt from the standards contained in this section.

(Ord. No. 862, 10-10-91; Ord. No. 23-93, §§ 3, 4, 8-12-93; Ord. No. 2-94, § 17, 1-13-94; Ord. No. 08-06, 3-13-08; Ord. No. 11-04, 3-10-11)

The zoning administrator, in conjunction with city staff, shall prepare appropriate detailed design standards for site improvements. These design standards shall be approved by the planning commission.

(Ord. No. 862, 10-10-91)

(a)

Prerequisites for site improvement activities. No site improvement activities may occur, or building permit be issued, unless all of the following requirements are met:

(1)

Approval of site plan.

(2)

Approval of architectural plans by the architectural review board, if required.

(3)

Approval of erosion and sediment control plan and surety.

(4)

Approval of clearing and grading plan and issuance of a land-disturbing permit.

(5)

Installation of adequate erosion and sediment control measures in accordance with the approved plans.

(b)

Improvement costs. All improvements required by this article shall be installed at the cost of the developer.

(c)

Performance bonding. In order to obtain a guarantee of performance to ensure timely completion and competent construction of public improvements within existing or proposed public rights-of-way or easements, the applicant may be required by the director of public works and utilities to post a bond or other acceptable surety under the provisions contained in this article.

(1)

Erosion and sediment control improvements shall be separately bonded prior to issuance of any construction permit.

(2)

The bond shall be of an amount equal to the estimated developed cost of the required physical improvements, and shall be an irrevocable bond agreement between the applicant and the city.

(3)

Forms of guarantees shall be limited to the following:

a.

Corporate surety bond from an insurance corporation licensed in the state which automatically renews itself until released by the city, and which is in a form acceptable to the city attorney.

b.

Cash escrow.

c.

Letter of credit from an insured lending institution which is in a form acceptable to the city attorney.

(4)

The bond shall be released only upon the city's determination that all improvements have been satisfactorily completed, the receipt of certified as-built plans acceptable to the director of public works and utilities, and the recordation of any required easement plats.

(Ord. No. 862, 10-10-91)

(a)

No work on a new building or addition that is required to have a site plan shall be approved to proceed above the foundation or slab until the zoning administrator has received a survey prepared by a certified land surveyor licensed to practice in accordance with Code of Virginia, § 54-17.1, as amended, showing that the foundation or slab, as constructed, is located in accordance with the approved site plan and other applicable ordinances.

(b)

The foundation survey requirements may be waived or modified if it is determined by the zoning administrator that sufficient evidence has been provided to show that the proposal meets all zoning requirements.

(Ord. No. 862, 10-10-91)

(a)

Waivers. The zoning administrator may waive a site plan requirement set forth in Article VII, Site Plans if the administrator finds in writing that:

(1)

The strict application of the article would produce undue hardship; and

(2)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

(3)

The authorization of the waiver will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification.

Prior to the granting of a waiver, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for waiver, and an opportunity to respond to the request within 21 days of the date of the notice. The zoning administrator shall make a decision on the request for waiver and issue a written decision with a copy provided to the applicant and any adjoining landowner who responds in writing to the notice sent pursuant to this paragraph.

(b)

Revisions.

(1)

Authorization. No change, revision, addition or deletion shall be made on any site plan or on any accompanying data sheet where approval has been endorsed on the plan or sheet unless authorization for such change is granted in writing by the zoning administrator.

(2)

Minor revisions. Minor revisions to a site plan may be approved by the zoning administrator, without submission to the planning commission. Revisions shall be considered minor if they:

a.

Are substantially in compliance with the approved site plan together with all conditions imposed by the planning commission.

b.

Will not change the general character of the approved site plan.

c.

Will not reduce any required buffer area.

d.

Will not result in any substantial change of major external access points.

e.

Will have no adverse impact on public facilities or properties located within the immediate project area.

(3)

Major revisions. Major revisions to a site plan shall be filed and processed in the same manner as the original site plan.

(c)

Filing of request for waivers or revisions.

(1)

An applicant requesting a waiver or revision pursuant to this section shall file with the zoning administrator a written request which shall state reasons and justifications for such request together with such alternatives as may be proposed by the applicant.

(2)

No site plan that requires waiver of any applicable site plan requirement set forth in Article VII, Site Plans shall be considered by the planning commission until the zoning administrator has waived such requirement(s) in accordance with section 21-788.

(Ord. No. 862, 10-10-91; Ord. No. 13-29, 8-8-13)

(a)

Appeal of zoning administrator's decision concerning minor site plans and site plans. Any person aggrieved by a decision of the zoning administrator may appeal such decision to the board of zoning appeals within 30 days from the date of issuance of the written decision, as provided by section 21-98 of the zoning ordinance. The decision of the board of zoning appeals may be appealed to the circuit court as provided by section 21-101 of the zoning ordinance.

(b)

Appeal of planning commission decision. Any person aggrieved by a decision of the planning commission may present to the circuit court of the city a petition specifying the grounds on which aggrieved within 30 days after the rendering of the decision by the planning commission. The proceedings before the circuit court shall be in accordance with applicable state law.

(c)

"Any person aggrieved" for the purposes of section 21-789 shall mean the owner of property that abuts or lies directly across the street from the subject property or is otherwise in such close proximity thereto that the development of such property will be seen, smelled or heard from such person's property or be subject to discharge emissions from the subject property to the extent that the approved development of the subject property will cause such person to suffer a denial of some personal or property right, legal or equitable.

(Ord. No. 862, 10-10-91; Ord. No. 08-32, 11-13-08; Ord. No. 13-29, 8-8-13)