19-1-1

The provisions of this Article shall apply to all buildings, structures, or non-agricultural land uses and land disturbance activities except single family dwellings not situated within a Planned District.

(2/9/88, Case TA-87-11, Ord. No. 006-88; 12/12/00, Case TA-00-08, Ord. No. 026-2000)

19-1-2

Where a change of use or expansion of the same use of land or structures generates additional parking requirement or requires conformity with other requirements herein, or where non-agricultural land disturbance exceeding 2,500 square feet of area is proposed, a site plan shall be submitted for review and approval to ensure the use can be accomplished in accordance with the standards and intent of this Ordinance except for those activities for which the standards or plan requirement may be waived as provided by Section 19-2 or 19-5-2 and [19-5-]3 of this Ordinance.

(12/12/00, Case TA-00-08, Ord. No. 026-2000, Ord. No. 2024-17, 11-26-2024)

19-2-1

Any requirement of this Article, excluding Sections 19-5-2 and [19-5-]3, may be waived by the Director of Planning where the waiver is not adverse to the purpose of this Article and the applicant establishes that in their specific case an undue hardship would result from a strict enforcement of this Article, or that the requirement is unreasonable.

(Ord. No. 2024-17, 11-26-2024)

19-2-2

The Director of Planning may waive the requirements for site plan review for additions to buildings, structures, uses if, such addition does not substantially affect the purpose and intent of this Article.

(Ord. No. 2024-17, 11-26-2024)

Every site plan shall be prepared in accordance with the following specifications:

19-3-1

The scale shall not be less than 50 feet to one inch.

19-3-2

All site plans shall be submitted on 24-inch by 36-inch sheets.

19-3-3

If the site plan is prepared on more than (1) sheet, match lines shall clearly indicate where the several sheets join.

19-3-4

Horizontal dimensions shall be in feet and decimals of feet to the closest 1/100 of a foot.

The site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture or land surveying shall be prepared by qualified persons. Final site plans shall be certified by an architect, engineer, or land surveyor licensed to practice by the Commonwealth of Virginia within the limits of their respective licenses. The site plan shall provide the following:

19-4-1

The proposed title of the project and the name of the engineer, architect, landscape architect, surveyor, and/or developer; the name of the developer; and a signature panel for the Director of Planning's approval.

19-4-2

The northpoint, scale, date, and vicinity map.

19-4-3

Existing zoning and zoning district boundaries on the property in question and on immediately surrounding properties.

19-4-4

The present use of all contiguous or abutting property.

19-4-5

The boundaries of the property involved by bearings and distances, certified by a land surveyor licensed to practice in the Commonwealth of Virginia.

19-4-6

All existing property lines, existing streets, buildings, watercourses, waterways, or lakes and other existing physical features in or adjoining the project. Those physical features such as watercourses, waterways, or lakes on adjoining properties need only be shown in approximate scale and proportion.

19-4-7

Topography of the project area with contour intervals of two feet or less.

19-4-8

The location and sizes of sanitary and storm sewers, gas lines, water mains, culverts, and other underground structures in or effecting the project, including existing and proposed facilities and easements for these facilities.

19-4-9

The location, dimensions, and character of construction of proposed streets, alleys, driveways, and the location, type, and size of ingress and egress to the site.

19-4-10

When proposed streets intersect with or adjoining existing streets, both edges of existing pavement surface of curb and gutter must be indicated for minimum of 50 feet or the length or connections, whichever is the greater distance.

19-4-11

The location of all off-street parking and parking bays, loading spaces, and walkways, indicating types of surfacing, size, and angle of stalls, width of aisles, and a specific schedule showing the number of parking spaces.

19-4-12

The location, size and type of all trees in public rights-of-way and immediately adjacent to the project boundaries or which may be affected by the proposed project and the location of all trees on the site with a caliper of six inches or greater. The site plan shall show heavily wooded areas and trees to be removed which shall be designated by symbols coincident with the areas of the trees; and an indication of which trees are to be retained and which are to be removed.

(7/10/90, Case TA-90-03, Ord. No. 024-90; 12/12/00, Case TA-00-08, Ord. No. 026-2000)

19-4-13

The location, height, type and material of all fences, walls, screen planting, and landscaping details of all buildings and grounds, and the location, height, and character of all outdoor lighting systems.

19-4-14

The location and street addresses of all proposed buildings and structures, accessory and main; number of stories and height; proposed general use for each building; and the number, size, and type of dwelling units where applicable.

(7/10/90, Case TA-90-03, Ord. No. 024-90)

19-4-15

The location of designated solid waste receptacle(s) with unobstructed access allowing for convenient pick up. The plan shall include a detail illustrating the size and construction of the required-concrete pad, enclosure, and landscaping around the perimeter of the enclosure.

(8/9/88, Case TA-88-02, Ord. No. 027-88, Ord. No. 2024-17, 11-26-2024)

19-4-16

Provisions and schedule for the adequate disposition of natural and storm water in accordance with design criteria and construction standards of the City of Winchester indicating location, size, types, and grades of ditches, catch basins, and pipes and connection to existing drainage system.

19-4-17

Provisions and schedule for the adequate control or erosion and sedimentation, in accordance with City of Winchester Erosion and Sedimentation Control Ordinance.

19-4-18

Proposed finished grading by contour supplemented where necessary by spot elevations.

19-4-19

Flood plain limit studies as required by the Director of Planning.

19-4-20

The location, character, size, height, and orientation of proposed signs.

19-4-21

The location and dimensions of proposed recreation, open space, and required amenities and improvements, including details of disposition.

19-4-22

Any necessary notes required by the Director of Planning to explain the purpose of specific items on the plan.

19-4-23

Provisions for wastewater disposition and pretreatment, if required, in accordance with standards of the City of Winchester.

(7/10/90, Case TA-90-03, Ord. No. 024-90)

The following improvements and minimum standards, as applicable, shall be required and provided for in a site development plan. The site plan shall also comply with requirements contained in the Land Subdivision Ordinance.

19-5-1

Access, mobility, and transportation

a.

All street and highway construction standards and geometric design standards shall be in accordance with those specified in the Land Subdivision Ordinance of the City of Winchester except that the City Engineer may modify street geometric design standards for local collector and minor loop streets provided that off-street parking bays sufficient to accommodate the required parking ratio are provided to complement the street system and approval for modification is obtained from the Virginia Department of Transportation, where applicable.

b.

The pavement of vehicular travel lanes, driveways, or alleys designed to permit vehicular travel on the site and to and from adjacent property and parking areas shall be not less than 20 feet in width for two-way traffic and ten feet for one way traffic.

c.

Cul-de-sacs shall be designed and constructed in accordance with the street standards specified in the Land Subdivision Ordinance of the City of Winchester, and may not be construed or employed as a parking bay.

d.

Sidewalks and pedestrian walkways shall be designed to enable patrons and tenants to walk safely and conveniently from one building to another within the site and adjacent sites.

(Ord. No. 2024-17, 11-26-2024)

19-5-2

Minimum Landscaped Area Requirements. Statement of Intent. Landscaping shall be provided on-site to provide screening and buffering between properties and for enhanced aesthetics of the property. The purpose of the landscaping requirements and standards are to ensure that development contributes to the provision of landscaped areas in ways that protect natural areas and provide land for the use and enjoyment of the development's residents, employees, or users. These standards are intended to: i) provide opportunities for passive and active recreation; ii) mitigate adverse impacts from developments by improving stormwater infiltration, protecting water quality, and reducing flooding; and iii) preserve and protect natural areas.

a.

Minimum landscaped area requirements. Landscaped area shall be provided in the amounts shown in the table below. In no case shall less than 25 percent of the minimum required landscaped area be provided on-site, unless the project is within the Primary or Secondary Special Assessment District and the project is not new construction on a vacant parcel or a complete demolition of existing structures, then the required landscaped area on-site must be provided by a landscaped area alternative per Sec. 19-5-3. However, no additional landscaped area is required on-site for projects that qualify for landscaped area exceptions in Sec. 19-5-2.b below.

Table 19-5-2.a Minimum landscaped area requirements

HW = Historic Winchester District

PAD/SAD = Primary/Secondary Special Assessment District as defined in Chapter 25 of Code of Ordinances of the City of Winchester, Virginia.

None = No applicable overlay that affects required landscaped area requirements.

Mixed-use projects = blended rate of residential and non-residential requirements.

Formula for the total landscaped area requirement percentage for a mixed-use project (blended rate):

First, determine the following: respective gross floor area (GFA) in square feet (sf) for each respective use (residential and non-residential), total gross floor area (residential GFA + non-residential GFA), and percentage of respective gross floor areas (respective GFA/total GFA = percentage of respective GFA).

Next, blended rate % = (% of residential GFA ^* applicable landscaped area requirement in Table 19-5-2.a) + (% of non-residential GFA ^* applicable landscaped area requirement in Table 19-5-2.a).

Then, total landscaped area requirement = blended rate % ^* lot area (square feet).

1.

Landscaped areas shall not be covered by buildings (excluding buildings and other improvements used for or associated with active or passive recreational amenity purposes), solid waste enclosures, sidewalks (excluding paths primarily associated with recreational purposes), or off-street parking areas, and shall be used for landscaping, buffering, and/or recreational purposes.

b.

Exceptions to minimum landscaped area requirements. The following exceptions shall only apply to projects located within the Primary/Secondary Special Assessment Districts.

1.

Notwithstanding the provisions of Section 19-2-3, where a change in use or a partial change of use of a site or building from non-residential to residential includes three or fewer dwelling units; or where the change in use is from a non-residential use to another non-residential use, and there is no change to gross floor area of the building, then no additional landscaped area requirements shall apply, provided that any existing landscaped area must remain on-site at the same amount prior to the change of use from non-residential to residential.

2.

For properties in the Primary/Secondary Assessment Districts where existing buildings cover 100 percent of the lot on which the building(s) are on.

(Ord. No. 2024-17, 11-26-2024)

19-5-3

Landscaped Area Deficiency Alternatives. Where a project site is not reasonably able to provide the minimum required landscaped area on-site, the remaining (deficit) landscaped area that is not provided on-site must then be provided in an alternative form as listed below. Alternative options shall not be combined.

a.

By providing the deficit amount of landscaped area off-site or conveying the deficit landscaped area amount to the City of Winchester, Virginia, as follows:

1.

If the deficit landscaped area is less than 625 square-feet, providing the landscaped area off-site is not an option and instead must be contributed into the fund in 19-5-3.b below.

2.

Amount of landscaped area provided is equal to or greater than the remaining deficit amount; and

3.

Maximum walking distance from the project property to said off-site landscaped area is no more than a quarter mile via a traversable pedestrian route; and

4.

Off-site landscaped area must be reasonably suitable for use and is not a stormwater drainage basin, within a utility or other easement(s) that limits the use of the area, or in the FEMA-defined floodplain or floodway; and

5.

If not conveyed to the City, the landscaped area must be open to the public during daylight hours; and

6.

Must be held in perpetuity for the life of a project by an easement and owned by a homeowner's association (HOA) or other entity that has an existential nexus to the project property and off-site landscaped area; and

7.

One frontage tree for every 35 feet of lot frontage shall be provided per Sec. 19-5-4.e.

8.

All off-site landscaped areas or land conveyances to the City must be approved by the City Council.

9.

The land must be improved or deeded and inspected prior to the issuance of any certificate of occupancy for the project.

b.

By contributing the monetary value of the remaining deficit amount of required on-site landscaped area into a City of Winchester, Virginia-administered landscaped area (green space) fund. Contributions are to be reviewed and approved administratively; however, if the monetary value of the landscaped area contribution is greater than or equal to $50,000.00, then the contribution must be approved by the City Council as a ministerial function.

1.

The monetary amount to be contributed into the landscaped area fund shall be the remaining deficit amount of required on-site landscaped area (in square feet) multiplied by the cost per square foot of the property based on the total assessed value of the property. An administrative fee equal to 20 percent of the contribution shall be required in addition to the contribution amount. The landscaped area contribution shall be due prior before the issuance of any certificate of occupancy for the property.

2.

Formula to calculate landscaped area deficiency fund contribution.

i.

Landscaped area deficiency = total landscaped area requirement (square feet)—provided landscaped area on-site (square feet).

ii.

Cost per square foot = total assessed property value (improved value + land value + use value)/lot area (square feet).

iii.

Contribution sub-total = landscaped area deficiency ^* cost/sf.

iv.

20 percent administrative fee = contribution sub-total ^* 0.20.

v.

Total contribution = contribution sub-total plus 20 percent administrative fee

3.

Contribution funds must be used within five years of receipt of funds.

(Ord. No. 2024-17, 11-26-2024)

19-5-4

Landscaping, Buffering, Screening, and Recreational Facilities.

Statement of Intent: Landscaping that serves as a buffer and/or screen between properties, provides shade and windbreak, softens the visual appearance of structures and parking areas, enhances the appearance of properties; and provides recreational facilities for residents shall be provided. These standards are designed to ensure that the private sector makes a reasonable visual contribution to the quality and character of the developments within the City.

The following design criteria are the minimum standards to be used to evaluate the landscaping, buffering, and/or recreational areas of a site plan. These minimum criteria shall be closely followed; however, the Planning Director may allow variation where reasonable application of the criteria is not possible due to circumstances beyond the control of the property owner. Such circumstances would include, but not be limited to, the presence of overhead power lines or underground utilities that may affect plant type and location.

a.

A landscaped area at least ten feet wide adjacent to all existing public rights-of-way and private streets provided in lieu of public street frontage shall be provided except that the Commission may allow landscaped areas in the B-1 district to be reduced to four feet in width where a width greater than four feet is deemed less appropriate. For properties fronting along rights of way narrower than the minimum right-of-way width associated with the appropriate Category of Street per Section 5-26 of the Land Subdivision Ordinance or prepared highway widening plan, the ten-foot width shall be measured from the right-of-way line(s) called for in the Subdivision Ordinance or widening plan instead of the existing one(s). At least one tree for each 35 feet of public right-of-way or private street frontage shall be provided within this landscaped area.

b.

Where buildings are separated from the public right-of-way by more than 50 feet of off-street parking area, raised landscaping (shrubs, berms, decorative walls, etc.) with a minimum height of 36 inches shall be provided in the landscaped area adjacent to the public right-of-way. However, this raised landscaping shall be no closer than 25 feet from a curb opening and shall not create a visual obstruction at an intersection (see Section 18-12-1).

c.

At least one tree for each 2,000 square feet of off-street parking area shall be provided within the parking area. Curbed landscaped islands at least nine feet in width shall be provided at the ends of all rows of parking spaces. Curbed landscaped medians of at least ten feet in width shall be provided separating every sixth row of parking. Trees closer than 20 feet to any building or public right-of-way shall not be counted. If located within an interior island, a curbed unpaved area of at least 150 square feet shall be provided at the base of each tree.

d.

Landscaping, meeting the specifications listed below shall be provided along the entire length of external property lines adjacent to property in a less intensive zoning district or where an off-street parking area for a nonresidential use is closer than 50 feet to a lot in a residential district without an intervening street. This is intended to minimize the impact of adverse visual effects and noise on the residential property. It is the intent of this provision that such landscaping shall provide opaque screening of the property being developed. The applicant, however, shall only be required to provide screening meeting the specifications listed below at the time of installation.

i.

Single row of evergreen trees, from the arborvitae species, and preferably from the current Site Plan Recommended Tree List. The trees will be planted in a single row no more than four feet apart and not less than five feet high at the time of planting; or,

ii.

Double row of evergreen trees, preferably from the current Site Plan Recommended Tree List, the trees in each row planted not more than ten feet apart, and the trees to be staggered in the two rows. The trees shall be not less than five feet high at the time of planting; or,

iii.

Six-foot high fence; solid decay resistant wood or otherwise constructed to be permanently opaque with the finished side facing out.

iv.

The screening required by this section may be waived or modified by the Commission or Planning Director in the following situations:

A.

If the adjacent property is being used for or, if vacant at the time of application, is zoned to allow a use similar to that proposed by the site plan applicant.

B.

If the subject property abuts a railway along the interface with the less intensive zoning district.

C.

If the applicant provided alternative screening which will provide opaque screening not less than six feet high at the time of installation.

e.

Trees shall be provided along property lines between parcels in different zoning districts when the proposed structure will be taller than the maximum height allowed in the adjacent zoning district. At least one tree for each 35 feet of property line and within ten feet of the line shall be provided within an area of at least 150 square feet at the base of each tree.

f.

All portions of the landscaped area (excluding recreation, detention, and drainage areas) shall be landscaped with living ground cover, shrubs, and/or trees so that no ground is exposed.

g.

Multifamily residential site plans shall devote 20 percent of the required landscaping, buffering, and recreation area to active and passive recreational facilities (such as playground equipment, swimming pools, ball courts, community buildings with open common areas, etc.), not to exceed 35 percent of the gross landscaped area requirement for projects outside of the Historic District (HW) and not to exceed 50 percent of the gross landscaped area requirement for projects in the Historic District (HW). The installation and maintenance of such facilities shall be outlined in the landscape plan to assure perpetual maintenance and use of the facilities.

h.

A landscape plan shall be provided that clearly and specifically identifies all landscape, buffering, and/or recreational areas as well as the type and size of all plant material. Large deciduous shade trees with a minimum mature height of 40 feet (preferably from the current Site Plan Recommended Tree List) that are compatible with urban environments shall be used adjacent to public rights of way, within surface parking areas, and along property lines (when screening tall structures). Trees listed as prohibited from planting within the public rights of way shall not be accepted as compatible. Applicants should discuss specific species with the staff. When planted, these trees shall have a minimum of two-inch caliper, six inches above grade and shall be no closer than 20 feet to each other.

i.

Foundation planting shall be provided where off street parking area is situated between the building(s) and the street(s). A planting strip or planter at least three feet wide with living upright vegetation (e.g., shrubs) shall be provided between the off-street parking area(s) and the plane of the building(s) parallel to the street(s).

j.

Owners of properties shall maintain required landscaping in good condition and shall make reasonable provisions to protect landscaped areas from damage caused by vehicles, pedestrians, shopping carts, etc. Maintaining landscaping in good condition shall include allowing large shade trees to grow according to the natural height, width and habit of the particular species and shall specifically preclude the topping of required large shade trees. Topping is defined as the drastic cutting back of tree branches and reduction of the shade canopy to stubs or lateral branches that are not large enough to assume a terminal role. Dead or dying vegetation shall be replaced per direction of the Administrator. Replacement shrubs shall be of a size consistent with that which could normally be expected based upon the specific species and the length of time elapsed since initial installation of said required landscaping elements. Replacement trees shall be ½ foot caliper larger for each year since initial installation of said required trees, except that no owner shall be required to replace any tree with another tree larger than five inches in caliper.

k.

Dumpster receptacles (containers). The receptacle site shall be enclosed by screening including, but not limited to decay resistant wood or masonry screening walls equal to or greater in height than the receptacle(s) being screened. Landscaping around the perimeter shall also be provided. If visible from any public or private street or alley, said enclosure shall include opaque gates offering complete screening at all times except during disposal or collection of trash.

19-5-5

In order to preserve the character and natural environment and to provide visual and noise buffering, the Administrator may refuse to approve any site plan which proposes unnecessary destruction of trees and other natural features. The Director of Planning shall require assurance that the developer has made reasonable effort in light of the proposed development to preserve, replenish, and protect trees of six inch caliper or larger, ornamental trees of any size; trees within required setbacks or along boundaries unless necessary to remove for access, grading, circulation, utilities, or drainage; streams in their natural condition.

(Ord. No. 2024-17, 11-26-2024)

19-5-6

Lighting

a.

Outdoor lighting sufficient to provide site security and enhance personal safety shall be provided in all developments requiring a site plan. Lighting shall be so arranged and hooded as to confine all direct light rays entirely within the boundary lines of the site.

b.

An illumination schematic depicting foot candles shall be provided with all site plans. Uniformity of illumination over off-street parking areas shall not exceed a ratio of 4:1 wherein the most intensely illuminated areas shall not be more than four times as bright as the least intensively illuminated areas. Vertical readings shall be measured at five feet above ground or pavement level. Horizontal readings shall be measured at ground or pavement level. The following average vertical and horizontal foot candle (fc) illumination standards shall be met and maintained for each of the uses below:

(Ord. No. 2024-17, 11-26-2024)

19-6-1

Authority for Review and Approval. Site plans may be approved administratively by the Director of Planning, after a pre-application conference, pursuant to Section 19-6-2, and after notice to the Chairman of the Planning Commission. The applicant, Director of Planning, or Chairman of the Commission may require that the site plan be reviewed by the Planning Commission.

(2/9/88, Case TA-87-12, Ord. No. 007-88)

19-6-2

Pre-application Conference. All applicants for site plan review shall first submit a preliminary plan and request a pre-application review conference with the Director of Planning and representatives of the appropriate City departments. The purpose of the conference shall be to discuss the site plan, off-street parking, signs, and other City ordinance requirements, utilities, and drainage, preliminary features of the proposed development as they relate to this Article.

(2/9/88, Case TA-87-12, Ord. No. 007-88)

19-6-3

Review and Approval of Final Site Plan.

[19-6-3.1]

a.

Following the pre-application conference, the applicant shall submit three copies of the final site plan to the Director of Planning with a completed Site Plan Application and the fee as per Section 23-8 of this Ordinance. The Director shall have up to 30 days to circulate the plan to the appropriate City departments, boards, and/or commissions for written comments, and to notify the applicant of the action taken which may be approval, approval subject to conditions, disapproval, or referral of the site plan to the Commission. Within ninety (90) days of the filing of a final site plan that has been referred to the Commission, the Commission shall have the applicant notified of its action which may be approval, approval subject to conditions, disapproval. In the case of disapproval by the Commission, the applicant shall be notified of the corrections or modifications which are necessary to permit approval by the Director or Commission. The site plan shall be considered approved unless the Commission acts within 60 days from the date of submission of the final site plan.

(10/13/92, Case TA-92-02, Ord. No. 016-92)

b.

The Board of Architectural Review shall consider site plans within the Historic Winchester District to ensure that the project is consistent with the development pattern in the Historic District.

(10/13/92, Case TA-92-02, Ord. No. 016-92, Ord. No. 2024-17, 11-26-2024)

19-6-3.2

Public Notice and Hearing. No site plan which is referred to the Commission shall be acted upon by the Commission until a public hearing has been held per Section 23-7-1 of this Ordinance.

(2/9/88, Case TA-87-12, Ord. No. 007-88; 10/13/92, Case TA-92-02, Ord. No. 016-92)

19-6-3.2b

Notification Signs. For the hearing by the Commission, the applicant shall place notification signage as per Section 23-7-3 of this Ordinance.

(10/13/92, Case TA-92-02, Ord. No. 016-92)

19-6-3.3

For those plans which are referred to the Commission, 12 additional copies of the site plan shall be submitted at least four days prior to the next Commission worksession.

a.

Repealed.

(10/13/92, Case TA-92-02, Ord. No. 016-92)

b.

An applicant may appeal the decision of the Planning Commission within ten days in writing to the Circuit Court.

19-7-1

An approved site plan shall expire and become null and void if no building permit has been obtained for the site in five years after the final approval unless otherwise provided for in the Code of Virginia.

(11/11/14, Case TA-14-477, Ord. No. 2014-39)

19-7-2

The Director of Planning or the Planning Commission may grant an extension of one year.

19-7-3

Thereafter, one year extensions may be granted annually by the Director of Planning.

If it becomes necessary for an approved site plan to be revised, the Director of Planning shall at the applicant's request either administratively approve the minor revision to the site plan upon finding that it complies with all applicable regulations; or, if the change is major, require that a new site plan be drawn and submitted for review and action in accordance with this Article. Every application for a minor site plan revision shall be accompanied by a filing fee as per Section 23-8 of this Ordinance.

(4/10/90, Case TA-90-13, Ord. No. 011-90; 10/13/92, Case TA-92-02, Ord. No. 016-92)

No building permit shall be requested or issued to construct, erect, or alter any building or structure or any permit authorization granted to improve or develop land subject to the provision of this Article, unless a site development plan has been submitted and approved, or waived by the Director of Planning pursuant to Section 19-2 of this Ordinance.

(12/13/88, Case TA-88-11, Ord. No. 053-88)

19-10-1

Inspections shall be made during the installation of off-site and on-site improvements by the any necessary City departments in their areas of responsibility to ensure compliance with the approved site plan.

(7/25/17, Case TA-17-287, Ord. No. 2017-20)

19-10-2

The owner or developer shall provide adequate supervision at the site during installation of improvements required by the site development plan and shall make one set of approved plans available at the site at all times that work is being performed.

19-10-3

Whenever any proposed setback or yard is less than the required setback or side or rear yard plus two feet, the owner or developer shall provide, at the time of footing inspection, survey markers, showing the required setback or yard, which have been set and certified by a land surveyor licensed under the laws of the Commonwealth of Virginia. Survey markers may be offset up to but not exceeding four feet. The amount of offset shall be clearly indicated on the survey marker. The markers shall remain in place and undisturbed until completion of the foundation wall.

(4/10/90, Case TA-90-13 Ord. No. 011-90)

19-10-4

Once a property has been determined to be in compliance with the approved site plan, the property owner shall ensure the property remains in conformance with the plan. If the owner fails to maintain the site improvements identified on the plan or makes alterations to the property which would require the need for a site plan revision, the Administrator may require the owner to bring the property into compliance with the approved plan or apply for and secure approval of a site plan revision with the Planning Director.

(7/25/17, Case TA-17-287, Ord. No. 2017-20)

19-11-1

Prior to submitting a request for a Certificate of Occupancy, the owner or developer shall have completed or bonded all of the improvements included on the approved site plan or approved site plan revision. No Certificate of Occupancy shall be issued for developments where a suitable base is not provided for emergency access or vehicular parking.

19-11-2

The Planning Director may accept surety in an amount equal to one and one half times the installed costs of the improvements outstanding. The surety shall be drawn in a manner acceptable to the City Attorney and shall provide for completion of all work within a specified period of time. Failure to complete the improvement within the specified time or any mutually agreeable extension up to one year each shall constitute default and Certificate of Occupancy shall become void. The owner or developer waives any rights to contest the utilization of the posted surety by the City or its designee(s) to cause completion of the improvements. The owner or developer also shall grant access to the property to allow completion of the improvements.

19-11-3

Surety shall only be accepted in lieu of completion of improvements where such work cannot be completed due to inclement weather, delays directly caused by public construction projects, or factors beyond the control of the developer.

(2/14/89, Case TA-88-16, Ord. No. 003-89)