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13-1
This Article provides the requirements and applicability of the following site plans: a. Major Site Plan b. Minor Site Plan Site Plans for Residential Planned Communities shall be governed by the provisions of Article 7 of this ordinance.
13-1-1
Major Site Plan. A Major Site Plan shall be required when the project: 1. Exceeds one acre of land-disturbed area and is commercial or industrial in nature, or is a mobile home park, or contains three (3) or more dwelling units on one lot, or is an Intentional Community; or 2. Entails the erection of a structure or structures exceeding a total of five thousand (5,000) square feet, excluding agricultural and single family residential construction, on a single parcel. Minor Site Plan. A Minor Site Plan must accompany zoning permit applications in those undertakings which do not fall within the categories specified for Major Site Plans. A Minor Site Plan must also accompany the initial application for a Special Use Permit and for a rezoning request. For the purposes of this Article, the phrase "special use" shall mean either Conditional Use or Special Use, as the case may be.
13-1-2
a. Construction of, or addition to, a single family dwelling on an individual lot. b. Construction of, or addition to, a two-family dwelling on an individual lot. c. Accessory structures to single-family dwellings (not meant for commercial use). d. Accessory buildings or structures on property used for the growing of agricultural crops, livestock, or forestry timber when such buildings or structures are necessary for such growing. e. Harvesting of plants or trees growing on the site. f. Clearing of a site for use for agricultural or pasture purposes. g. Residential Planned Community. (Ord. No. O2010-05, § 1, 7-13-10)
13-2
No building permit, or other County permit required prior to the initiation of construction of any building or structure or development, shall be issued by any officer or employee of the County for any development which is subject to the provisions of this article until a site plan has been approved. Compliance with the terms contained on any site plan shall be deemed a condition of each and every permit issued by the County. Any permit issued prior to the approval of a site plan is automatically null and void. (Ord. No. O2010-05, § 1, 7-13-10)
13-3
Any change to an approved Minor Site Plan or Final Site Plan shall require submission and approval of a new plan, except that minor changes may be approved administratively by the Planning and Zoning Director. A minor modification is one that, in the opinion of the Planning and Zoning Director, will not substantially alter the terms of the original approval. Applications for minor modifications of final approved plans made during periods of validity of such plans shall not constitute a waiver of the provisions of this section, nor shall the approval of minor modifications operate to extend the period of validity of any such plans. Each application or submission for an amendment to a plan shall be accompanied by the required fee. (Ord. No. O2010-05, § 1, 7-13-10)
13-4
The site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture, or land surveying, shall be prepared by a qualified person. Final Site Plans submitted for approval shall be certified by an architect, landscape architect, engineer, or land surveyor licensed or certified to practice by the Commonwealth of Virginia within the limits of his respective license or certification. The Major Site Plan shall include: A. The plan shall be prepared at a scale of not less than 1"=20' except for the index sheet, unless approved by the Planning and Zoning Director. B. If the plan is prepared on more than one sheet, match lines shall clearly indicate where the several sheets join. C. Dimensions shall be in feet and decimals of feet to the closest one hundredth of a foot. D. The proposed title of the project and the name of the owner(s), engineer, architect, landscape architect, surveyor, and developer, as applicable. E. A signature panel to indicate approvals from the following: a. Planning and Zoning Director. b. Virginia Department of Transportation. c. Virginia Department of Health. d. Thomas Jefferson Soil and Water Conservation District. e. Nelson County Service Authority. F. Tax map and parcel number. G. Adjacent property owners. H. North arrow, scale graphic, and date. I. Vicinity map. J. Existing zoning and zoning district boundaries on the property in the development and on immediately surrounding properties. All special zoning requirements attached directly to the site as a result of the issuance of any Special Use Permit, variance, or rezoning. K. The boundaries of the property in the development, including bearings and distances. L. All existing property lines, existing streets or rights-of-way opened or unopened; buildings, watercourses, and lakes; and other existing physical features in or adjoining the project. The physical features, such as watercourses, waterways and lakes on the adjoining properties need only be shown in approximate scale and proportion. M. Features of particular historic, cultural, scientific, or scenic significance as identified in the Comprehensive Plan, by the Planning and Zoning Director, or by any County department or state agency having site plan review responsibilities, or by the Virginia Department of Historic Resources the Virginia Department of Conservation and Recreation, or the Virginia Outdoors Foundation including, but not limited to, historic features, archaeological features, and graveyards. N. Building setback lines; the location of all proposed buildings and structures, accessory and main; number of stories and height; proposed general uses for each building; and the number, size, and type of dwelling units where applicable. Preliminary plans and elevations for main and accessory buildings. O. Type, location, height, and materials of all existing and proposed fences and walls. P. Site coverage, showing percentage of site in buildings, parking, and open space. Q. Existing and proposed topography and contour lines of the development site with a contour interval of two (2) feet or less. R. The location and size of sanitary and storm sewers, gas lines, water mains, required stormwater management facilities, culverts, and other underground structures; all overhead utilities and supporting poles in or affecting the development area, including existing and proposed facilities; and easements for these facilities, including the width of the easement. S. The location of all existing and proposed off-street parking and parking bays, loading spaces, and pedestrian walkways, indicating types of surfacing, dimensions of stalls, width of aisles and a specific schedule showing the number of parking spaces. T. Final plan for all signs to be erected and/or placed on building. The plan shall show the location and size of each sign along with the purpose of the sign. U. A final landscape plan. V. Outdoor lighting information, including a photometric plan and location, description and photograph or diagram of each type of outdoor luminary. W. All paving, including, without limitation, gravel or other pervious surfaces, shall be of a design and quality to support the traffic which can reasonably be expected to be generated by the proposed use. X. Limit of one hundred-year floodplain, and floodway as defined in Article 10 of this ordinance. Y. Location of any wetlands in compliance with applicable federal, state, and local definition of wetlands. Z. The location and dimensions of proposed recreation or open space, and required amenities and improvements, including details of disposition, in accordance with any open space or recreation plan adopted by the County. AA. Cul-de-sacs may not be construed or employed as a parking area. Suitable easements for future public water and sewer facilities necessary to serve the property shall be indicated on the plan. BB. All new electrical, telephone, cable television, fiber optic, and other utility lines on the site shall be installed underground. CC. To the greatest extent possible, parking areas shall not be located between the adjacent public right-of-way and the principal structure on the site unless topographic features or vegetation provide effective screening. DD. Site planning shall consider the future development of adjacent parcels as recommended by the Nelson County Comprehensive Plan or other approved local plan and as may be indicated by any filed site plan, whether approved or under review. The site plan shall provide for safe and convenient vehicular and pedestrian circulation between sites to be occupied by complementary uses. EE. If phasing is planned, phase lines and proposed timing of development. FF. A copy of the approved final Erosion and Sediment Control Plan and Stormwater Management Plan, as applicable. GG. Documentation of approved Virginia Stormwater Management Program permit coverage from Virginia Department of Environmental Quality, as applicable. HH. Option: A Preliminary Major Site Plan may be submitted to the Planning Commission for review and comment prior to submittal of the Final Site Plan for review and approval. Minor Site Plan. A Minor Site Plan must accompany zoning permit applications in those undertakings which do not fall within the categories specified for Major Site Plans. A Minor Site Plan must also accompany the initial application for a Special Use Permit and for a rezoning request. For the purposes of this Article, the phrase "special use" shall mean either Conditional Use or Special Use, as the case may be. A Minor Site Plan shall consist of the following: A. A vicinity map showing the location of the subject property. B. Boundary lines of subject property. C. General layout design of what is proposed on a scale not smaller than one (1) inch equals twenty (20) feet, including the location of all proposed streets, pathways, easements, and all proposed uses of the land. A different scale may be used provided it is approved by the Planning and Zoning Director. D. Building setback lines. E. Zoning of subject property and adjacent parcel. F. Amount of land to be disturbed, including drain fields. G. Tax map and parcel number. H. Floodplains. I. Wetlands, streams, rivers, etc. J. Existing structures and roads. K. Existing and proposed topography and contour lines of the development site with a contour interval of twenty (20) feet or less for Minor Site Plans, supplemented where necessary by spot elevations. L. The location of all existing and proposed utilities and easements including the width of the easement. M. A legend that shows. • Ownership (name and address) • North arrow • Graphic scale • Area in acres N. A signature panel to indicate approvals from the following: • Planning and Zoning Director • Virginia Department of Transportation • Virginia Department of Health • Thomas Jefferson Soil and Water Conservation District • Nelson County Service Authority O. Any other information which the Planning and Zoning Director deems necessary for the proper consideration of the application. (Ord. No. O2010-05, § 1, 7-13-10; Ord. No. O-2015-04, 5-12-15)
13-5
a. An approved Minor Site Plan or Final Site Plan shall be valid for a period of five (5) years from the date of approval, or for such longer period as the Planning and Zoning Director may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed site. A plan shall be deemed final once it has been reviewed and approved by the Planning and Zoning Director or Planning Commission, where the only requirement remaining to be satisfied in order to obtain a building permit is the posting of required bonds and escrows. b. Upon application filed prior to expiration of a plan, the Planning and Zoning Director may grant one (1) or more extension of such approval for additional periods as he may determine reasonable, taking into consideration the size and phasing of the proposed site and the laws, ordinances and regulations in effect at the time of the request for an extension. c. For so long as the final approved plan remains valid, no change or amendment to any local ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to the date of approval shall adversely affect the right of the developer or his successor in interest to commence and complete an approved development in accordance with the lawful terms of the plan, unless: (i) the change or amendment is required to comply with state law, or (ii) there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare. (Ord. No. O2010-05, § 1, 7-13-10)
13-6
13-6-1
a. Streets. All streets in the proposed development shall be designed and constructed by the developer at no cost to the locality. b. Alignment and layout. The arrangement of streets in developments shall make provision for the continuation of existing streets in adjoining areas and proposed streets on adjacent approved site plans. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their land and seek to provide for convenient access to it. Where, in the opinion of the Commission, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary line of such property. Half streets along the boundary of land proposed for development will not be permitted. Wherever possible, streets should intersect at right angles. In all hillside areas streets running with contours shall be required to intersect at angles of not less than sixty (60) degrees, unless approved by the Planning and Zoning Director upon recommendation of the highway engineer. c. Service drives. Whenever a proposed development contains or is adjacent to a limited-access highway or expressway, provision shall be made for a service drive or marginal street approximately parallel to such right-of-way at a distance suitable for an appropriate use of the land between such highway and the proposed development. Such distances shall be determined with due consideration of the minimum distance required for ingress and egress to the main thoroughfare. The right-of-way of any major highway or street projected across any railroad, limited-access highway or expressway shall be of adequate width to provide for the cuts or fills required for any future separation of grades. d. Approach angle. Major streets shall approach major or minor streets at an angle of not less than eighty (80) degrees, unless the Planning and Zoning Director, upon recommendation of the highway engineer, shall approve a lesser angle of approach for reasons of contour, terrain, or matching of existing patterns. e. Minimum widths. The minimum width of proposed streets, measured from lot line to lot line, shall be as shown on the major street plan, or if not shown on such plan shall be as specified by the Virginia Department of Highways for acceptance into the State Secondary System. f. Construction requirements. All public streets shall be constructed to requirements as specified by the Virginia Department of Highways for acceptance into the State Secondary System. g. Minimum street construction. Private streets will be so constructed as to alignment and grade, that the minimum grade is no greater than the Virginia Department of Highways Standards for the particular terrain. Road metal or base shall be of a material and width acceptable to the Virginia Department of Highways. Proper drainage shall be installed and maintained. h. Names. Proposed streets which are obviously in alignment with other already existing and named streets, shall bear the names of the existing streets. In no case shall the names of proposed streets duplicate existing street names irrespective of the use of the suffix street, avenue, boulevard, driveway, place, lane, or court. Street names shall be indicated on the preliminary and final plats, and shall be approved by the Planning and Zoning Director. Names of existing streets shall not be changed except by approval of the governing body. i. Storm drainage facilities. The developer shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans and flood control devices. The developer shall also provide plans for all such improvements together with a properly qualified engineer's or surveyor's statement that such improvements when properly installed, will be adequate for proper development. The highway engineer shall then approve or disapprove the plans. The developer shall also provide any other information required by the highway engineer. The developer shall install and maintain the approved storm drainage facilities and other stormwater management facilities in accordance with applicable Virginia Stormwater Management Program regulations. j. Fire protection. Adequate fire hydrants in a development at locations approved by the Planning and Zoning Director shall be installed by the developer, provided adequate public water is available. The location of the fire hydrants shall meet the National Board of Fire Underwriters specifications. k. Easements. The Commission may require that easements for drainage through adjoining property be provided by the developer. Easements of not less than fifteen (15) feet in width shall be provided for drainage, water, sewer, power lines and other utilities in the subdivision when required by the Planning and Zoning Director. l. Bond. Before any site plan will be finally approved the developer shall, in lieu of construction, furnish bond, or other security acceptable to the governing body, in an amount calculated by the Planning and Zoning Director to secure the required improvements in accordance with specifications and construction schedules established, which bond shall be payable to and held by the governing body. Bonds required for Erosion and Sediment Control measures and/or stormwater management facilities shall be provided as required by the respective programs and regulations. m. Plans and specifications. Two (2) blue or black line prints of the plans and specifications for all required physical improvements to be installed, shall be prepared by a licensed surveyor or licensed engineer and shall be submitted to the Planning and Zoning Director for approval or disapproval within sixty (60) days. If approved, one (1) copy bearing certification of such approval shall be returned to the developer. If disapproved, all papers shall be returned to the developer with the reason for disapproval in writing. If no action in sixty (60) days, the plat shall be deemed approved. (Ord. No. O-2015-04, 5-12-15)
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(Ord. No. O2010-05, § 1, 7-13-10; Ord. No. O-2015-04, 5-12-15)
13-7
A. Administrative Authority. 1. The Board of Supervisors designates the Planning Commission to review and act to approve or disapprove Final Site Plans within its jurisdiction. 2. The Planning and Zoning Director is designated to review and act to approve or disapprove Minor Site Plans, provided however, that the Planning and Zoning Director may refer any application within his jurisdiction to the Planning Commission for review and action. 3. In the performance of its duties in the review of Final Site Plans, the Planning Commission shall request and consider the review and comments of the Planning and Zoning Director, the Site Plan Review Committee, selected County staff, and other public agencies. 4. Approval Procedures. a. The Planning and Zoning Director shall consult with the Virginia Department of Highways and Transportation, the Department of Health, and any other officials and professional representatives he deems necessary in preparation of his comments and recommendations. b. Upon the official submission of a Final Site Plan, the Planning Commission shall complete action in accordance with Section 15.2-2259 of the Code of Virginia as amended from time to time. c. Upon the official submission of a plan requiring approval by the Planning and Zoning Director, the Planning and Zoning Director shall complete action in accordance with Section 15.2-2259 of the Code of Virginia as amended from time to time. d. An "official submission" is a plan that has been filed in the correct form in the proper office accompanied by the appropriate fee and containing all information required by this Article. B. Other Administrative Considerations. 1. The Planning and Zoning Director, as the designated agent of the Planning Commission, shall be responsible for the receipt and processing of all site plan applications, subject to the procedures provided in this chapter. 2. The Planning and Zoning Director may establish, from time to time, such proper and reasonable administrative procedures, in addition to those provided herein, as shall be necessary for the proper administration of this chapter. 3. County Staff and other designated public officials responsible for the supervision, inspection, testing and enforcement of this chapter shall have the right to enter upon any property subject to the provisions of this chapter and the Zoning Ordinance at all reasonable times during the periods of plan review and construction for the purpose of ensuring compliance with this chapter. 4. It shall be the responsibility of the applicant, owner or developer to notify the Planning and Zoning Director when each stage of the development shall be ready for field inspection for compliance with the approved site plan in accordance with testing and inspection schedules and regulations promulgated by this chapter. C. Waiver of Requirements for a Site Plan. The Planning and Zoning Director, at his sole discretion, may waive the requirement for a Minor Site Plan or any required element specified within it upon consideration of the factors outlined below, provided that no such waiver shall be deemed to be a waiver of any other ordinance provision or requirement. The Planning Commission, at its sole discretion, may waive the requirements for the Major Site Plan or any required element specified within it upon consideration of the following factors: 1. Where it can be clearly established by the applicant that the use will not require the improvements subject to review in this chapter. 2. Where it can be clearly demonstrated by the applicant that a waiver from the requirement to submit a site plan (or a portion thereof) will be in keeping with the intent of this chapter. 3. Where it can be clearly shown that the application for a site plan and building permit involves building and safety regulations which are not critical to the purpose and intent of the Zoning Ordinance. 4. Where it can be clearly established by the applicant that such waiver will not have an adverse effect on: (a) the public health, safety, welfare, and convenience; (b) the planning for and provision of adequate public facilities, utilities, drainage, environmental controls, and transportation facilities; (c) preservation of agricultural, forestry and conservation lands; and (d) other relevant considerations related to the Comprehensive Plan. 5. Where it can be demonstrated that any change in, or expansion of, a use that meets the following criteria: a. Such change or expansion does not occasion additional parking as required by this ordinance, and b. No additional ingress/egress to a public road or changed ingress/egress is recommended by the Planning and Zoning Director based on intensification or use, and c. No additional ingress/egress or alteration of existing ingress/egress is proposed, and d. Disturbed land is less than five thousand (5,000) square feet in area, and e. It has been verified in writing by the Planning and Zoning Director that: (a) availability and connection to water and sewer are attainable; or (b) adequate private well and septic facilities can be provided where public water and sewer are not available. 6. An applicant seeking a waiver from a requirement to submit a Major or Minor Site Plan (or any portion thereof) shall, upon request, provide written documentation to the Planning and Zoning Director addressing the applicable conditions for waiver. For Final Site Plan waivers, the Planning and Zoning Director shall refer the request and applicant's supporting documentation to the Planning Commission for action at its next regularly scheduled meeting. The applicant shall be notified in writing of the outcome of such action by the Planning and Zoning Director within ten (10) days upon action by the Planning Commission. 7. Notwithstanding any grant of waiver the applicant is not relieved by such grant of having to obtain all necessary permits and approvals, including but not limited to a building permit, erosion and sediment control plan approval, stormwater management permit coverage, and, upon completion of improvements, a certificate of occupancy. (Ord. No. O-2015-04, 5-12-15)
13-8
(Ord. No. O2010-05, § 1, 7-13-10)
13-9
There shall be a charge for the examination and approval or disapproval of every site plan. At the time of filing the site plan, the developer shall deposit with Nelson County a check payable to the Treasurer of Nelson County in the amount of: a. $500.00—Major Site Plan Approval b. $100.00—Planning Commission Review and Comment on Preliminary Major Site c. $100.00—Minor Site Plan d. $100.00—Site Plan Amendment (Ord. No. O2010-05, § 1, 7-13-10)
13-10
13-10-1
13-10-2
Intentional Communities shall have a density of no greater than one (1) dwelling per two (2) acres, unless there is central water or sewer. If the Intentional Community is to exceed the density of one (1) dwelling per two (2) acres, then the Intentional Community shall construct either a central water or central sewer system. Clustering will be allowed in an Intentional Community, but dwellings must be at least fifty (50) feet apart.
13-10-3
For lntentional Communities that have private streets serving between three (3) and twenty (20) dwellings, each private street must be constructed to the Class 1 road standards described in the Subdivision Ordinance of Nelson County. For Intentional Communities with private streets serving more than twenty (20) dwellings, each private street must be constructed to the Class 2 road standards described in the Subdivision Ordinance of Nelson County. All streets shall be named. Street names must be approved by the County Administrator. Names of existing streets shall not be changed except by approval of the County Administrator.
13-10-4
Where public water is available, the developer shall install fire hydrants. The location and number of fire hydrants shall comply with the regulations of the Nelson County Service Authority. Where public water is not available and the Intentional Community contains fifteen (15) or more dwellings, the Intentional Community shall provide both dry hydrant with a natural or manmade water source meeting the specifications contained in the National Fire Code and an all-weather access road to the same.
13-10-5
At least sixty (60) percent of the property must be unimproved land, which may consist of any combination of open space, cultivated agricultural or forestal lands. This requirement also applies to any future subdivision of the subject parcel.
13-10-6
An existing Intentional Community which is not in conformity with this ordinance may be further developed; however, any further development shall conform to the provisions of this ordinance and any other applicable local ordinances. If an Intentional Community is developed in accordance with a previously approved plan, the provisions of this ordinance do not apply. If an Intentional Community is developed beyond what is included in a previously approved plan, then the provisions of this ordinance do apply. If, in the opinion of the Planning Commission, total compliance is impractical, the Planning Commission may approve further development of an Intentional Community which is not in compliance with the provisions of this ordinance if such further development will comply more closely to the existing local ordinances than does the substandard Intentional Community. Any exception so authorized shall be set forth in a written statement by the Planning Commission detailing the reason for the exception and filed as an addendum to the site plan.
13-10-7
Any subdivision of property for the purpose of conveying parcels of land developed under Section 13-8 can be subdivided only after meeting all provisions of the Nelson County Subdivision Ordinance in effect at the time the subdivision is requested. (Res. of 2-14-95; Ord. No. O2010-05, § 1, 7-13-10) |
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(Res. of 2-14-95; Ord. No. O2010-05, § 1, 7-13-10) |