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Home My WebLink AboutZTA201200009 Legacy Document 2012-06-25Draft: 05/07/12 ATTACHMENT A ORDINANCE NO. 12 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, ADMINISTRATION, AND ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article 1, Administration, and Article IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions By Repealing: Sec. 32.1 Intent Sec. 32.2 When site plan is required; waiver of drawing of site plan Sec. 32.3 Administration Sec. 32.3.1 Review by planning commission; agent review; site review committee Sec. 32.3.2 Agent Sec. 32.3.3 Site review committee Sec. 32.3.4 Untitled Sec. 32.3.5 Improvements — construction and bonding Sec. 32.3.6 Untitled Sec. 32.3.7 Untitled Sec. 32.3.8 Revisions Sec. 32.3.9 Fees Sec. 32.3.10 Modification, waiver, or substitution Sec. 32.4 Procedure Sec. 32.4.1 Preliminary conference with staff Sec. 32.4.2 Preliminary plan submittal (Amended 10 -3 -01) Sec. 32.4.3 Final site plan submittal (Amended 10 -3 -01) Sec. 32.5 Preliminary site plan content Sec. 32.5.1 Untitled Sec. 32.5.2 Untitled Sec. 32.5.3 Untitled Sec. 32.5.4 Untitled Sec. 32.5.5 Untitled Sec. 32.5.6 Untitled Sec. 32.5.7 Groundwater assessment information Sec. 32.6 Final site plan content Sec. 32.6.1 Untitled Sec. 32.6.2 Untitled Sec. 32.6.3 Untitled Sec. 32.6.4 Untitled Sec. 32.6.5 Untitled Sec. 32.6.6 Untitled Sec. 32.7 Minimum standards for improvements Sec. 32.7.1 Comprehensive plan Sec. 32.7.2 Safe and convenient access; circulation; pedestrian ways; parking and loading Sec. 32.7.3 Streets; roads Sec. 32.7.4 Drainage; stormwater management; soil erosion Sec. 32.7.5 Water, sewer and other utilities Draft: 05/07/12 ATTACHMENT A Sec. 32.7.6 Fire protection Sec. 32.7.7 Recreation requirements Sec. 32.7.8 Signs and lighting Sec. 32.7.9 Landscaping and screening requirements Sec. 32.7.9.1 When required Sec. 32.7.9.2 Administration Sec. 32.7.9.3 Variation; waiver Sec. 32.7.9.4 Contents (Amended 10 -3 -01) Sec. 32.7.9.5 Minimum standards Sec. 32.7.9.6 Street trees Sec. 32.7.9.7 Parking lot landscaping Sec. 32.7.9.8 Screening Sec. 32.7.9.9 Tree canopy Sec. 32.7.10 General By Adding: Sec. 32.1 General Provisions Sec. 32.1.1 Purposes Sec. 32.1.2 Relation of section 32 to other laws and private contracts Sec. 32.1.3 Rules of construction Sec. 32.1.4 Plans and other documents to be kept at the site Sec. 32.2 Applicability Sec. 32.2.2 Exception from requirement to provide certain details in site plan by agent Sec. 32.3 Administration Sec. 32.3.1 Designation of agent; powers and duties Sec. 32.3.2 Establishment of site review committee; powers and duties Sec. 32.3.3 Amendments to a site plan Sec. 32.3.4 Fees Sec 32.3.5 Variations and exceptions from the minimum standards for improvements Sec. 32.3.6 Appeals of decisions pertaining to variations and exceptions Sec. 32.4 Procedures for submittal, review and action on site plans Sec. 32.4.1 Procedure for review of preapplication plans Sec. 32.4.1.1 Submittal of preapplication plan and other information Sec. 32.4.1.2 Form and style of preapplication plan Sec. 32.4.1.3 Contents of preapplication plan Sec. 32.4.1.4 Review of preapplication plan Sec. 32.4.2 Procedure for review and action on initial site plan Sec. 32.4.2.1 Submittal of initial site plan; determination of completeness Sec. 32.4.2.2 Review of initial site plan by site review committee and architectural review board Sec. 32.4.2.3 Revisions to address required changes Sec. 32.4.2.4 Deferrral of review; when application deemed withdrawn Sec. 32.4.2.5 Review and action on initial site plan by agent Sec. 32.4.2.6 Appeal and judicial review Sec. 32.4.2.7 Period of validity of approved initial site plan Sec. 32.4.3 Procedure for review and action on final site plan Sec. 32.4.3.1 Submittal of final site plan; determination of completeness Sec. 32.4.3.2 Review of final site plan by site review committee Sec. 32.4.3.3 Revisions to address required changes Sec. 32.4.3.4 Deferral of review; when application deemed withdrawn Sec. 32.4.3.5 Review and action on final site plan by agent Sec. 32.4.3.6 Appeal and judicial review N Draft: 05/07/12 ATTACHMENT A Sec. 32.4.3.7 Period of validity of approved final site plan Sec. 32.5 Initial site plan; form and content Sec. 32.5.1 Form and style of an initial site plan Sec. 32.5.2 Contents of the initial site plan Sec. 32.5.3 Response to information during preapplication process Sec. 32.5.4 Groundwater assessment information Sec. 32.5.5 Elevations of parking structures Sec. 32.6 Final site plan; form and content Sec. 32.6.1 Form and style of a final site plan Sec. 32.6.2 Contents of the final site plan Sec. 32.6.3 Elevations of parking structures Sec. 32.7 Minimum standards for improvements Sec. 32.7.1 Dedications and reservations Sec. 32.7.1.1 Dedication of land for vehicular access parks, schools and open space Sec. 32.7.1.2 Reservation for future dedication of land for public use Sec. 32.7.1.3 Reservation of land for streets, alleys, walkways, waterways or public areas shown on official map Sec. 32.7.2 Vehicular access to site; streets, sidewalks and other pedestrian ways; parking and loading Sec. 32.7.2.1 Vehicular access to site Sec. 32.7.2.2 Streets and travelways composing the internal road network Sec. 32.7.2.3 Sidewalks and other pedestrian ways Sec. 32.7.2.4 Parking Sec. 32.7.4 Water and soil protection Sec. 32.7.4.1 Erosion and sediment control, stormwater management, and other water regulations; water pollution; soil characteristics Sec. 32.7.4.2 Easements for facilities for stormwater management and drainage control Sec. 32.7.5 Water, sewer and other utilities Sec. 32.7.5.1 Water supply and sewer system Sec. 32.7.5.2 Location of utilities above and below ground Sec. 32.7.5.3 Dedication of public water and sewer facilities Sec. 32.7.5.4 Easements for cable television and public service corporations Sec. 32.7.6 Fire protection Sec. 32.7.7 Recreation Sec. 32.7.8 Signs and outdoor lighting Sec. 32.7.9 Landscaping and screening Sec. 32.7.9.1 Purposes Sec. 32.7.9.2 Submittal of landscape plan, timing Sec. 32.7.9.3 Review and action on landscape plan by agent Sec. 32.7.9.4 Contents of a landscape plan Sec. 32.7.9.5 Landscaping along streets Sec. 32.7.9.6 Landscaping within a parking area Sec. 32.7.9.7 Screening Sec. 32.7.9.8 Tree canopy Sec. 32.7.9.9 Installation and maintenance of required landscaping and screening Sec. 32.8 Completion of on -site improvements and surety Sec. 32.8.1 Completion of on -site improvements required prior to final site plan approval Sec. 32.8.2 Agreement and surety Sec. 32.8.3 Release of surety Sec. 32.8.4 Effect of acceptance or approval of improvements Sec. 32.8.5 Inspections; right of entry Sec. 32.8.6 Improvements completed at expense of developer; exception Chapter 18. Zoning Article I. Administration Sec. 3.1 Definitions Draft: 05/07/12 ATTACHMENT A [GK: This term would be replaced by "turnaround," which is already used in the Subdivision Ordinance.] Recommendations: As used in section 32, suggestions for design e as may be deemed in the public interest by site review committee members in the area of their respective expertise or by the architectural review board. Requirements: As used in section 32, the regulatory provisions of this chapter, including all applicable proffers. special use permit conditions, variances, application plans, codes of development and the rules and regulations of each of the agencies of the site review committee or the architectural review board. [GK: Because the term "requirements" is used in several places in section 32, it is better to have the term defined here, with all its subparts stated once.] Submit. The term "submit" means to pay the applicable required fee and to have an application or other required document marked by the county as "received." [GK: This term is also defined in the Subdivision Ordinance, but it may be deleted in the next draft because the legislative processes ZTA would propose to not require application fees to be paid until the application is deemed to be complete, rather than when it is submitted.] Turnaround. The term "turnaround" means an area for vehicles to reverse movement at the end of a street or travelway. [GK: This is the definition used in the Subdivision Ordinance, revised here to add "or travelway. "] Article IV. Procedure Section 32. Site Plans Sec. 32.1 Intent 4 Draft: 05/07/12 ATTACHMENT A 11, ••• [GK: This section should be deleted. The first three paragraphs are obsolete and the final paragraph would be moved to proposed section 32.1.3.] 1 1111011 11, ••• [GK: This section should be deleted. The first three paragraphs are obsolete and the final paragraph would be moved to proposed section 32.1.3.] ••• [GK: This section should be deleted. The first three paragraphs are obsolete and the final paragraph would be moved to proposed section 32.1.3.] [GK: Subsection (a) would become proposed section 32.2.1.] MW IL NW&BRIMM.M.- I lim -a, Milli . -M. Wa -- - [GK: Subsection (a) would become proposed section 32.2.1.] MW IL NW&BRIMM.M.- Draft: 05/07/12 ATTACHMENT A ••� ELM W?t [GK: Subsection (b) would become proposed section 32.2.2.] (12- 10 -80, §§ 32.2,32.2.1,32.2.2; 5 -1 -87; Ord. 09-18(l),1-14-09, § 32.2; Ord. 10-18(2),2-10-10) See. 32.3.1 [GK: The subject matter of this section would be moved to proposed sections 32.3.1, 32.3.2 and 32.3.3, and the agent would be authorized in section 32.3.1 to be the primary approval body of site plan applications.] fi !�:resssre�sese��see:ee:�:zsef . rssrsreeees��ss��! �s�e�s6rsreR! srrs�e�srs !tiss:r�sr:�r.�srsss!�srrs!ss� [GK: The subject matter of this section would be moved to proposed section 32.3.2.1 M a = S L, RUM IIIIIIIIIII MIZA [GK: The subject matter of this section would be moved to proposed section 32.3.3.1 0 .. .. -111!1111 Mill M a = S L, RUM IIIIIIIIIII MIZA [GK: The subject matter of this section would be moved to proposed section 32.3.3.1 0 Draft: 05/07/12 ATTACHMENT A xMiSIMM [GK: The subject matter of this section would be revised to more closely match the language in County Code § 14 -438 and would be moved to proposed section 32.8 as part of the reorganization of section 32.] All improve 4 by this section shall be installed at the cost of the developer- exeept whefe eost sharing Of agreements between Albemafle County and the developef af:e appropriate, the same to be Feeognized by fefmal written agr-eemefit prior- to site plan appF 1 .1, 19 [GK: The subject matter of this section would be revised to more closely match the language in County Code § 14 -439 and would be moved to proposed section 32.8 as part of the reorganization of section 32.1 The appfeval 4 a site Plan of: the installation of the impr-evements as Fequir-ed by this seetion shall not obligatte • .• [GK: The subject matter of this section would be revised to more closely match the language in County Code § 14 -437 and would be moved to proposed section 32.8.4 as part of the reorganization of section 32.] Prior- to the final thefe be by the developer to appl:ON'al of afly site Plan, shall &ieettted an agfeement eonstfbtet all final 4 isstianee building the appfeval a site plan, of a p nee of a eet4ifiea4e of oeeupa-ney, eounty ifflPfoveffiefits. in deteffflining the the impfevements to be beaded, the estimated easts of Elevelopef shall submit u rvrnicrccrasZiivviaccrzir3cccrorr�xzT Nadc o b a s a s t;o Z, 1.2.3. [GK: The subject matter of this section would be revised to more completely address the issue of obligations regarding improvements, would be based on sections 14 -434 through 14 -440 and would be moved to proposed section 32.8.2 as part of the reorganization of section 32.] 7 Draft: 05/07/12 ATTACHMENT A ••e [GK: The subject matter of this section would be revised and moved to proposed section 32.3.3.] b. in addition, fef site plan Field inspeetions as the site is developed, the developer- shall pay to the eoidnt-y a fee as pr-esefibed by the applieable fee sehedule of the depaFtment of building e0de and z0fliflIg Stich foes shall be paid p to the issuance of'any ,.ef f;eate of',.,.etip.,ney [GK: The subject matter of this section would be revised and moved to proposed section 32.3.4.] See 32.3.10 Alodifieation,,A,ai-,,er-or-substitHtion the ilar- ease upon a findifig that r-equir-ifig stieh impr-ovement would not foFWaM that the Site Plafl, aS affleilded, the iS ifl COMPhanee with the tefms together- of all applicable law; is substantially in imposed by the compliance with approved have site plan with all iffTaet conditions commission or- agent and of publie f4eilities. will ne additional advefse on adjaeent properties ••e [GK: The subject matter of this section would be revised and moved to proposed section 32.3.3.] b. in addition, fef site plan Field inspeetions as the site is developed, the developer- shall pay to the eoidnt-y a fee as pr-esefibed by the applieable fee sehedule of the depaFtment of building e0de and z0fliflIg Stich foes shall be paid p to the issuance of'any ,.ef f;eate of',.,.etip.,ney [GK: The subject matter of this section would be revised and moved to proposed section 32.3.4.] See 32.3.10 Alodifieation,,A,ai-,,er-or-substitHtion b. the ilar- ease upon a findifig that r-equir-ifig stieh impr-ovement would not foFWaM the ptir-POsOs Of thiR the health, 3oN,elfafe; in the tha4 ehapter- or- Othefwise Sen,e Pidblie the safety or this or-, to least ease of degree a stibstittition, site', the altemative would satisb, ptitposes of ehaptef at an eqttivalefit aS FeEMired b. the 10eation the > > shape of Pr-Oper-ty, of pr-apefty or 0 , be detfifnefital to the health, to alie development the waiver- area, to shall not sound efigineer-ifig publie safety or- wel-L—ve, ar-der-ly E4 Draft: 05/07/12 ATTACHMENT A Upen finding in that by teehniqtte, design 6. any ease Stibstittiting of ef materials of eaRipafable satisfy the over-all ptuToses of this chapteF in a manner- equal to or- eXceeding the desir-ed effects of the in 32.7, the h technique, design of ,ment seetion commission PA .o AIR may appr-ove su substi"ion of seetion 32.7 only as follows: 1011". 01 .rseeerzeetrfrr !* s: rns: rees�! rs! �: �s�reeeeesrse�!�s�rsse�:rstsss. .. . ...... ..... I. Of seetion 32.7 only as follows: 1011". 01 .rseeerzeetrfrr !* s: rns: rees�! rs! �: �s�reeeeesrse�!�s�rsse�:rstsss. .. . ...... ..... I. [GK: The subject matter of this section would be revised to use the language in Virginia Code § 15.2- 2242(1), which allows variations or exceptions "in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship," would be reorganized so that the events (request, action, appeal) are stated in a more logical order, and would be moved to proposed sections 32.3.5 and 32.3.6.] • . • wall 1111 ILI • • b. &iisfing land eendifiens, e�iisting topography at a mw6m-um of ten (10) feet eentairtr- intet=II,,als, and soils Draft: 05/07/12 ATTACHMENT A a Building lines setback 11NOW-M WIN Nift ,. e� well as the zoning of abutting properties; be binding by t The the pfeliminafy confer-enee and preliminary sehematie fnaster- plan shall not considered issiriimitte`1 for- 1:nal .,1 1980 •,rAm"'zended 5 [GK: This subject matter of this section, along with staffs recommended changes, would be moved to proposed sections 32.4.1.1 through 32.4.1.4.] re!e!sErss�s�:e�!e�s �r��.ee�!ee�rs�s��r_sss��ee��: [GK: The subject matter of this section would be revised based on staffs recommended changes for this section and section 32.4.2.5, would be rewritten in the format of section 14 -216, and would be moved to proposed section 32.4.2.1.1 11NOW-M WIN Nift ,. [GK: The subject matter of this section would be revised based on staffs recommended changes for this section and section 32.4.2.5, would be rewritten in the format of section 14 -216, and would be moved to proposed section 32.4.2.1.1 [GK: The subject matter of this section would be revised to incorporate staff recommended changes, would be in the format of section 14 -217, and would be moved to proposed section 32.4.2.2.1 10 11NOW-M WIN Nift ,. [GK: The subject matter of this section would be revised to incorporate staff recommended changes, would be in the format of section 14 -217, and would be moved to proposed section 32.4.2.2.1 10 Draft: 05/07/12 ATTACHMENT A Prior- to review of the preliminary site plan by the agent, if revisions are required or reeommended, the developef shall revise the preliminary site plan to inelude all r-equirements of the site review conunittee and shall submit Nothing herein the developer to the to inelude contained However, shall obligate revise plan recortunendations of in in the developer does the to ineltide eommittee. stieh ease whieh not revise plan Feeommendat of the eenimittee, the developer- shall submit in ,witing to the agent by the revision date a sta4ement as to for- incorporating in the Stieh reasons and justification be doomed to be ., not sueh reeonunendations r-evised plan. statement shall of the required revisions. part [GK: The subject matter of this section would be revised to incorporate staff recommended changes and would be moved to proposed section 32.4.2.3.1 [GK: The subject matter of this section would be moved to proposed section 32.4.2.1.1 11 11111 .0 WK IIIII F, 11 Draft: 05/07/12 ATTACHMENT A by the deadline for in the Eaeh for by the beafd agent Y-eqtiesfing review stated natiee. r-e"est r-eview of of '4- -Offlfflittee and statement the counly executive or- the agent shall be made to the agent by the deadline for- 11101i in [GK: The subject matter of this section would be moved to proposed section 32.4.2.2 to match the format and style of section 14 -216 and to keep the procedural acts in chronological order.] The the the the by the develope-r, agent shall consider- r-ecommendations of '4- -Offlfflittee and statement with the teeknieal f:e"il:efflefits of this ehapter- as deemed neeessaFy for- a pr-opef t:eview of the appliea4ion. The fonEulate the be, the developef agent shall an aetion and the site eommittee of or- reeommendation, as case such dete -..,ination may and shall pfomptly notify ..d do r haS PaSSM-. i site r-eview eommittee, the statement of the developer- I stieh recommendations and, in the case of the deter-mine to in whole or- in paA the final site plan. pr-eliminai=y site plan, een*nissioa may r-eview r haS PaSSM-. pr-eeedttr-es shall apply: Tr-afispei4atien, its fefty five 5) days shall eemplete r-eview within pr-elimiaar-y p1 b. Upon the ffem (4 the ealefidar- after- r-eeeipt the of stieh r-eeeipt of appr-ovals all state thii4y five days. if the ageneies, agent shall aet upon pr-ehfninaizy site pla* it within (35) ealefidar- the f6i4y five pla-aning eeFamission days eea&ets a publie r-eview, shall aet f+em an pr-eliminafy site plan within (45) ealeadar- after- r-eeeiving appfeval all state 12 Draft: 05/07/12 ATTACHMENT A [GK: The subject matter of this section would be moved to proposed section 32.4.2.4.1 See. 32.4.2.7 Appeal and judicial review if the agent or- the eommission disappr-oves a pfeliminar-y site plan, such action shall be sttbj eet to judicial review decision of the agent or- commission to the board of s ovided that sueh appeal is submitted in wFiting in the office of the agent within ten (10) ealen� he date of stich disappr-oval. The board of -d of supetwisor-s shall give due eonsidet:ation to the Feeommendations 4 the agent, the site t:evieA' of the appheation. (Ameaded 10 3 01) 32.4.2.7, Z S (§ > i 10 80; Or-d. 01 19(6) , 10 �7 [GK: The subject matter of this section would be moved to proposed section 32.4.2.5.1 WTEKUME. [GK: The subject matter of this section would be revised to incorporate staff recommended changes, would be in the format of section 14 -217, and would be moved to proposed section 32.4.2.6.1 13 .. .. . . . ....... . [GK: The subject matter of this section would be moved to proposed section 32.4.2.4.1 See. 32.4.2.7 Appeal and judicial review if the agent or- the eommission disappr-oves a pfeliminar-y site plan, such action shall be sttbj eet to judicial review decision of the agent or- commission to the board of s ovided that sueh appeal is submitted in wFiting in the office of the agent within ten (10) ealen� he date of stich disappr-oval. The board of -d of supetwisor-s shall give due eonsidet:ation to the Feeommendations 4 the agent, the site t:evieA' of the appheation. (Ameaded 10 3 01) 32.4.2.7, Z S (§ > i 10 80; Or-d. 01 19(6) , 10 �7 [GK: The subject matter of this section would be moved to proposed section 32.4.2.5.1 WTEKUME. [GK: The subject matter of this section would be revised to incorporate staff recommended changes, would be in the format of section 14 -217, and would be moved to proposed section 32.4.2.6.1 13 Draft: 05/07/12 ATTACHMENT A r��erzIBM NE r-Rra&MMIMA az . • ..rte: [GK: The subject matter of this section would be revised and moved to proposed sections 32.4.3.1 and 32.4.3.2 (review for compliance with section 32). The part of this section pertaining indirectly with the period of validity of the initial site plan would be moved to proposed section 32.4.2.7.1 [GK: The subject matter of this section would be moved to proposed section 32.4.3.1.1 [GK: The subject matter of this section would be moved to proposed section 32.4.3.1.1 se!��srrss��e:�srr:�ti!�rs . ss.. ee�rea�ae :�ee!�s�:�s!e!eeus��rss. . [GK: The subject matter of this section would be moved to proposed section 32.4.3.3.1 • - [GK: The subject matter of this section would be deleted from the site plan regulations as recommended by staff.] rNd!*- rr"Mm s—_ VI I crawl— se�RSZrsn��s rs�reeess r in the ease of eemmission review, the eemmission shall give "e eansider-ation to the r-eeemmendations oft 14 Draft: 05/07/12 ATTACHMENT A [GK: The subject matter of this section would be deleted from the site plan regulations as recommended by staff.] [GK: The subject matter of this section would be moved to proposed section 32.4.3.4.1 b. Upon �he developer- to the final the . . appheation of stibmitted prior- e*pifation of site plan, eommissi may grant one of more extensions of stieh .1@11 kT 110 the eommission May, at time the [GK: The subject matter of this section would be moved to proposed section 32.4.3.4.1 b. Upon �he developer- to the final the . . appheation of stibmitted prior- e*pifation of site plan, eommissi may grant one of more extensions of stieh approval for- periods as the eommission May, at time the ffanted, detefmine to be Feasonable, taking into eonsider-ation the size and phasing of the elopment, and the laws, efdinanees .,.o r and regulations in effeet at the tifne of r-e"est f6f an eir-ettit eetfA havingj-bir-isdietieft of the land subjeet to the final site plan as pr-avided in seetion 15.2 2259 Of the & d. Fef long the final in the for-ego' . . so as site plan Femains valid aeeard with _. �, He ehafige or- tE) the da4e the fifial the the developer- SUbSe"ffit Of appFON'al Of his in intefest to site plan shall adver-sely affeet development +:ight of in the or sueeesser- eemmenee lawfit! terms the final and eemplete an the approved is aeeer-danee with to law of site plan tinless ehange or- amendment r-equir-ed eemply with sta4e health, safety or- welfafe- [GK: The subject matter of this section would be moved to proposed section 32.4.3.7 and it would be revised and updated to be consistent with Virginia Code §§ 15.2 -2259 and 15.2- 2261.] 15 Draft: 05/07/12 ATTACHMENT A if the agent or- commission disappr-oves a final site plan sueh aetion shall be subi eet to judieial review as pfovided in section 15.2 2259 of the Code. NOthiRg heFeiR shall the de.1.1eloper- ftom first appealing4he deeision of the agent or- the eommission to the board of stipeR,isot:s, pfevided that stieh appeal is stibmitted 4** E . . — -d of stipeiwisor-s shall give dtie eonsideFation to the r-eeommendations of the agent, the site Feview eommittee of the eommission. in addition, it may eonsider- stieh other- evidenee as it deems aeeessaf�y for- a of the . ph,.atior [GK: The subject matter of this section would be moved to proposed section 32.4.3.5 so that the organization of proposed section 32.4.3 is consistent with the organization of proposed section 32.4.2.1 See. 32.4.3.40 Applieation deemed A,ithdFaWR if the appheant Fequests that ftifther- processing of foffflal aetion on the application for- a final site plan be indefinitely defefred, the appheation shall be deemed to have been voluntarily withdr-awn by the applioant i agent, eommission, or- boafd of stipen,isof:s does not WEe aetion on the applieation within si* (6) months a4ef the date the defeffal was requested. Up tiest r-eeeived by the dir-eetof of planning and conwnunity defeFr-al period for- a period detef:mined to be Feasonable, taking into eonsider-ation the size of: aat-dr-e of the is made. (Added 10 3 001; Amended r0 -3 01) (n.a 01 18(6) 10 3 01) [GK: The subject matter of this section would be moved to proposed section 32.4.3.6.1 Sec. 32.5 Preliminary site plan eontent _ ' • , . [GK: The subject matter of this section would be revised and moved to proposed section 32.5.1.1 [GK: The subject matter of this section would be revised and moved to proposed section 32.4.3.3.1 VIM [GK: The subject matter of this section would be revised and moved to proposed section 32.3.5.1 16 [GK: The subject matter of this section would be revised and moved to proposed section 32.3.5.1 16 Draft: 05/07/12 ATTACHMENT A The pfeliminafy site plan shall be dimensioned to the aeoufacy standards required in seetion 32.5.6.r-. (Add [GK: The subject matter of this section would be revised and moved to proposed section 32.5.1.] r�i Rs!ers es�se��! �serseesa� :srsser_�ssrss�:esr.��esrs�s � �ss�sr.�ssrs.�as� . _1110. MIN [GK: The subject matter of this section would be revised and moved to proposed section 32.5.1.] 17 � S . 9n P.11122 _11111111 Wax i 1. .1111 lip 11111111111 M. 111 17 Draft: 05/07/12 ATTACHMENT A water, (Added 5 1 97) Geri ... (Added 5 1 87) i. &Eisting and PFoposed Stfeets, aeeess easements, alley easements a-ad fights 0� "A'ay, and tr-avelways' togethef with stfeet names, state r-oute mimbeFs, tight o�way lifies and wi&hs, eentefline r-adii, an-' pavement widths. (32.4.5, 1980�; nr - i 8-7 �, 2 6 02) easements; , dt:aifiage eh rels; and dr- cics2i 32i3s5-- (Added 5 1 p 7 vd-i��€{� 5 1 973 Loeation ingress to fFom the the distance to M. of existing and rte fling of the n est Loeation dimensions proposed o istin . street and if4er-seetion. egress (Added 5 impr-ovefaents pr-opefty, 1 87) ineltiding: showing buildings (maxinwm n. and footpfifit height) of all existing and pfoposed and and landseaped ather- > ; areas and open loading together- > the A types for ; and ser-viee af eas and dr-iveway s; and sided 0. All -areas if4endeto be r .,n,a.,, ape plan in of P. Wher-e deemed Qe ioated ..,, anee by with 5-1 or- with the proposed 9-7} feserwed seetio 32.7.9 &e to e tise. (AdRed51r97) if fe ,,,ire the it4efisity (Added ,add deVek)p all 5 1 8 7) walks, ad pafking4o+s tfafgo El- appr-opr-iate figur-es for- the based agent Vir-ginia of PepaFtment T-r- indioate gener-ation site upon owFent of ates. The be dimensioned to least the followifig ds for- f. pr-elimitiafy site plan 1 >?,.ian shall lines at tt,o"isan foot in standaf 1 nnm aeoufaey: feet; setback 2. &Eisting and oning half one the one inten,al (l! in 32.5.6.d eontoiar-s 3. Proposed eertoo one s � tt�) (1,12) of feet eontetif hofizontally and i:eEtttir-ed d v ertz seetion feet; above; 5. Proposed lots impr-ovements five feet, str-uetur-es, (Added aaoa 5 1 27) The the r-oads, par-kifig mid othet: infefmation to be within (5) the S. agent or- eommission deemed ifl may reEtttife to additional ififefmation for- shown on the pfeliminaf2y the site to plan as fieeessafy adequately feview a the or-def pr-eliminary pfovide stiffieient site plan. (Added 5 1 97) agent or- eowmaission Draft: 05/07/12 ATTACHMENT A [GK: The subject matter of this section would be moved to proposed section 32.5.2 and be revised to incorporate changes recommended by staff.] See. 32 .5.7 Gr- oundwaterassessment WOFMatiOH The draft gFoundwater- management plans and aquifer- testing wofkplans Fequifed by Albefnar-le County Code § § 17 403 and 17 404, as applieable, shall be stibmitted in eof�ttaetion �,N,ith the stibmittal of the preliminary JR44R4 site plan. The Fequir-ements of Albefnat:le Gotinty Code § § 17 4 03 and 17 4 04 shall be satisfied pt4or- to site plan appr-oval. [GK: The subject matter of this section would be moved to proposed section 32.5.4.1 See. 32.6 Final site plan eonten 32.6.1 A final site plan together- with amendments thefeto shall be prepared and sealed, signed and da shall be fiee se to p tice in the r,.,.fflony:,e It of V -gini (Added c 1 87) 32.6.2 A f4nal site plan shall be pfepaf:ed on mylar-, sepia or- othef siaeh tfanspar-efley fflatefial Whieh sh drawing shall be submitted to the depaFtment of planning and eommunity development. (Added 5 eleven (11) inehes by seventeen (17) inehes in size shall be submitt 32.6.3 Two (2) eopies of a landseape plan shall be submitted with the final site plan if not previously submitted. (Added c 1 87) 32.6.4 When the site plan is r-eady foF final appr-oval, the fHII sized r-evised master- dr-awifig and a transpar-eney eopy of the mastei: dr-awing shall be submitted for- the agent's signatur-e. Onee t agent has signed the master- 4awing, he shall t:ettim the master- drmN,ing to the developer- a-ad Eleveloper- shall s4mit four- (4) pFiPA eopies of the signed master- &awing to the agent. (AdEled 5 1 32.6.5 Unless ethef I-El by the ageR4, the final site plan shall be prepared to the seale of one +44 ineh equals twe+Ay (20) feet or- larger- or- to stieh a seale as may be appr-oved by the age+A in a pai4iettlar- ease; no sheet shall e�ieeed thirty si-x (36) inehes by foi4y two (42) inehes in si�e. The site plan ma-y be prepared on one (1) or- more sheets. if prepared en mofe than one (1) sheet, mateh lines shall elear-ly iadiea4e wker-e the sheets j oin. The top of the sheet shall be appr-ohima4ely ei north east (Added dde c 1 87) [GK: The subject matter of subsections 32.6.1, 32.6.2, 32.6.4 and 32.6.5 would be revised, incorporate changes recommend by staff, and be moved to proposed section 32.6.1.1 Se 32.6.6 The final site plan shall r-efleet eonditions of appr-oval of the pfeliminary site plan. The final site plan shall eentain the fellowing infoi=fnation in addition to all the infefmatien requifed on the pfeliminafy site plan, 19 Draft: 05/07/12 ATTACHMENT A 2. Pr-e les of all stetm so stems showing o istifig and proposed ,.Fade. 3. Plan dFainage lettered - pipes and ehanfiels nember-ed or- dimensions befiek to field , , , , , 7- -- P m-". 1 --- - - 2. Pr-e les of all stetm so stems showing o istifig and proposed ,.Fade. 3. Plan dFainage lettered N,iew of all systems with all stf�btetefes, the Show pipes and ehanfiels nember-ed or- dimensions befiek to field en plan and pfefile views. stif4eient and fnaFks allow st out „fall pfoposed work f o the boom ar-y lines; 4. A dr- * table for- deser-ibed in the following - -y euiver-ts, stofm e�Eample! sewef and channels as nevv > ; 2. Pr-e les of all stetm so stems showing o istifig and proposed ,.Fade. 3. Plan dFainage lettered N,iew of all systems with all stf�btetefes, the Show pipes and ehanfiels nember-ed or- dimensions befiek to field en plan and pfefile views. stif4eient and fnaFks allow st out „fall pfoposed work f o the boom ar-y lines; 4. A dr- * table for- deser-ibed in the following - -y euiver-ts, stofm e�Eample! sewef and channels as 20 . 20 Draft: 05/07/12 ATTACHMENT A 3. Pfoposed eofito fs I ,) foot horizontally and veftiea4y-, 4. Spot elevations within one tenth (0.10) of afoot-, stf+ etti es shot i a be within e tort, (0 10) „f „ foot; , 6. Pfoposed stfuetufes, r-oads, parking lots and other- improvements within one hundfedth (0.01) of afoot. (Added 5 1 97) i. handseape plan in cefifefmanee with seetlen?.?9. (Added 5 1 97) (Ofd. 94 14!11 4 12 94) [GK: The subject matter of this section would be revised and moved to proposed section 32.6.2, except that subsection (h) would be moved to proposed section 32.6.1.] ,. IMM""ff"MWWR ELM M132! SUN 21 WIN I 3. Pfoposed eofito fs I ,) foot horizontally and veftiea4y-, 4. Spot elevations within one tenth (0.10) of afoot-, stf+ etti es shot i a be within e tort, (0 10) „f „ foot; , 6. Pfoposed stfuetufes, r-oads, parking lots and other- improvements within one hundfedth (0.01) of afoot. (Added 5 1 97) i. handseape plan in cefifefmanee with seetlen?.?9. (Added 5 1 97) (Ofd. 94 14!11 4 12 94) [GK: The subject matter of this section would be revised and moved to proposed section 32.6.2, except that subsection (h) would be moved to proposed section 32.6.1.] ,. IMM""ff"MWWR ELM M132! SUN 21 Draft: 05/07/12 ATTACHMENT A eneewaged to implement, the eempr-ehensive plan in review of site development plans. (Adde [GK: This section is obsolete and should be deleted because the site plan regulations, not the comprehensive plan, guides developers in the preparation of a site plan. The improvements required by the county in conjunction with site plans are addressed in the site plan regulations.] In the case of any consttuetion, use, ii of use or- other- development required to be reviewed by the eonnnission under seetion 15.2 2232 of the Code, the provisions of this ehapter shall be deemed supplementary to the said seetion and shall be eonstmed in aeeor-danee therewith. (32.2.3, 1980) Any publie area, faii or use as set fet4h in paragraph (a) of seetion 15.2 2232 of the code whieh is , but not the entir-e subjeet of-, an apphei under- this seetion, shall be reviewed by the eonnnission or- the agent as to whether or- not the same is substantially in aeii with the eonipr-ehensive plan as well as for- eomplianee with the design standards hereof-. Appr-eval of seeh appheation shall be deemed approval of sueh area, faeifily or use ptifisuant to section 15.2 2232 > , whieh r-&view shall, as to sneh area, f4eilit-y or- tise, be deemed to eonstittite review ptir-stiant to seetion 15.2 2232 (b) of the Code. Upon approval ii disappr-eval of any site plan showing sueh facility, the e0nunission or- shall pr-omptly eammuniii its findings to the governing body by forwarding thei sp—Ime in 101,fiting to the ele the board of stipefviS9iS. (32.2.3, 1 1 -83) [GK: This section should be deleted because Virginia Code § 15.2 -2232 is self - executing and review under section 15.2 -2232 is addressed elsewhere in the Zoning Ordinance.] Sec. 32�' [GK: The subject matter of which section would be revised, updated, modeled after County Code §§ 14- 426 and 14 -427, and moved to proposed sections 32.7.1.1 and 32.7.1.2.] R MIN ••� 22 III P-MV-PIPTIRM-1111i ELLSAALWAMMUd MINNY al 101, MIN iRa IN I M4110 Wo, �p ••� . [GK: The subject matter of which section would be revised, updated, modeled after County Code §§ 14- 426 and 14 -427, and moved to proposed sections 32.7.1.1 and 32.7.1.2.] R MIN ••� 22 Draft: 05/07/12 ATTACHMENT A [GK: This section appears to pertain in part to what is addressed in part in proposed section 32.7.1.2 and proposed section 32.7.1.3, the latter of which is modeled after County Code § 14 -429 and it relates to the use of an official map.] See. 32.7.2 Safe and eonvenient aeeess; ekefflatiOH; pedestFian ways; pi and loading [GK: This section, along with sections 32.7.2.1 and 32.7.2.3, all deal with the same issue. The subject matter of this section, as well as the other referenced sections, would be revised and moved to proposed section 32.7.2.1.1 �. ! �rrae: ��: ree�srseersesee�rzs�rrs��: r: �: ee�srs. �: rsarsreeeee�� !s�s!��!rsssf!er�s:rss ■_ RON ■. [GK: This section, along with sections 32.7.2 and 32.7.2.3, all deal with the same issue. The subject matter of this section, as well as the other referenced sections, would be revised and moved to proposed section 32.7.2.1.] _ s .11IN 11 1 110,11 .� [GK: This section, along with sections 32.7.2.1 and 32.7.2.3, all deal with the same issue. The subject matter of this section, as well as the other referenced sections, would be revised and moved to proposed section 32.7.2.1.1 �. ! �rrae: ��: ree�srseersesee�rzs�rrs��: r: �: ee�srs. �: rsarsreeeee�� !s�s!��!rsssf!er�s:rss ■_ RON ■. [GK: This section, along with sections 32.7.2 and 32.7.2.3, all deal with the same issue. The subject matter of this section, as well as the other referenced sections, would be revised and moved to proposed section 32.7.2.1.] [GK: The corresponding section was removed from the Subdivision Ordinance as part to the 2005 amendment to the Subdivision Ordinance, so it is suggested that it no longer be a regulation in the Site Plan Ordinance.] �. R. 23 .� [GK: The corresponding section was removed from the Subdivision Ordinance as part to the 2005 amendment to the Subdivision Ordinance, so it is suggested that it no longer be a regulation in the Site Plan Ordinance.] �. R. 23 Draft: 05/07/12 ATTACHMENT A [GK: This section, along with sections 32.7.2 and 32.7.2.1, all deal with the same issue. The subject matter of this section, as well as the other referenced sections, would be revised and moved to proposed section 32.7.2.1; the language would be revised to use the corresponding language and standard in County Code § 14- 410(f)(1) and (2).] [GK: The corresponding section was removed from the Subdivision Ordinance as part to the 2005 amendment to the Subdivision Ordinance, so it is suggested that it no longer be a regulation in the Site Plan Ordinance; to the extent that it pertains to extending and coordinating streets, that would be addressed in proposed section 32.7.2.2.1 [GK: The subject matter of this section would be moved to proposed section 32.7.2.2.1 without dedieation, e�ieept th-AtIn 4-4-A- evp'n* I_h___ -ming be eenstnueted eleser- than twenty (20) feet from the [GK: The corresponding section was removed from the Subdivision Ordinance as part to the 2005 amendment to the Subdivision Ordinance, so it is suggested that it no longer be a regulation in the Site Plan Ordinance.] ,. • - .�:�,:.�� .. J:. [GK: The corresponding section was removed from the Subdivision Ordinance as part to the 2005 amendment to the Subdivision Ordinance, so it is suggested that it no longer be a regulation in the Site Plan Ordinance; to the extent that it pertains to extending and coordinating streets, that would be addressed in proposed section 32.7.2.2.1 [GK: The subject matter of this section would be moved to proposed section 32.7.2.2.1 without dedieation, e�ieept th-AtIn 4-4-A- evp'n* I_h___ -ming be eenstnueted eleser- than twenty (20) feet from the [GK: The corresponding section was removed from the Subdivision Ordinance as part to the 2005 amendment to the Subdivision Ordinance, so it is suggested that it no longer be a regulation in the Site Plan Ordinance.] [GK: This section would be moved to proposed section 32.7.2.4.] 24 ,. [GK: This section would be moved to proposed section 32.7.2.4.] 24 Draft: 05/07/12 ATTACHMENT A [I This subject matter of this section would be moved to proposed section 32.7.2.3.1 See. 32.7.2A Parking struetures (Added 2 5 03) a. The devell shall submit mehitel elievations with both the pFehminai-y and f4nal site plans. The elievations shall be pai4 of the appr-il final site plan, b. The devell shall submit dFaNvings, photographs of il vistial materials shovi,,ing the proposed- r4dn„ s«....,.ti...o and al st....l (if any I and land uses. with matefil har-mil with the building or they shall be leeated so as not to be visible from publie [GK: This subject matter of subsections (a) and (b) would be moved to proposed sections 32.5.5 and 32.6.3 as initial and final site plan application requirements and the subject matter of subsections (c), (d) and (e) would be incorporated into proposed section 32.7.2.4 as improvement requirements.] 25 PAP l MEMP.11II1,11110. 1- it ._ • 1 amM [I This subject matter of this section would be moved to proposed section 32.7.2.3.1 See. 32.7.2A Parking struetures (Added 2 5 03) a. The devell shall submit mehitel elievations with both the pFehminai-y and f4nal site plans. The elievations shall be pai4 of the appr-il final site plan, b. The devell shall submit dFaNvings, photographs of il vistial materials shovi,,ing the proposed- r4dn„ s«....,.ti...o and al st....l (if any I and land uses. with matefil har-mil with the building or they shall be leeated so as not to be visible from publie [GK: This subject matter of subsections (a) and (b) would be moved to proposed sections 32.5.5 and 32.6.3 as initial and final site plan application requirements and the subject matter of subsections (c), (d) and (e) would be incorporated into proposed section 32.7.2.4 as improvement requirements.] 25 Draft: 05/07/12 ATTACHMENT A See. 32.7.3 Streets; reads [GK: The subject matter of this section would be moved to proposed section 32.7.2.1.1 LULL-Am SCAULLMOAMIM . _ i . _ [GK: The subject matter of this section would be moved to proposed section 32.7.2.2.1 [GK: The subject matter of this section would be moved to proposed section 32.7.2.2.1 26 .. [GK: The subject matter of this section would be moved to proposed section 32.7.2.2.1 26 Draft: 05/07/12 ATTACHMENT A [GK: Thes subject matter of this section would be moved, in part, to proposed section 32.7.1.1.] r�: �ssr�reer. �s�rr�� •:e:s�rrs�:*sr:reTS�ses� . ��:•. ree�ss�sr�e !�eer.�re�:reers�r�r.�� [GK: The subject matter of this section would be moved to proposed section 32.7.4.1.1 ��e! �: ra�esseerse�e��: r�sr: �r. �sr. �: �n: e�aa: s�srseeeess!rs�r:�:�:e•.�eeee�s .es!r�rr�r�. I.W1 NO �. • 11 NOW .� ION. ,. NO ��e! �: ra�esseerse�e��: r�sr: �r. �sr. �: �n: e�aa: s�srseeeess!rs�r:�:�:e•.�eeee�s .es!r�rr�r�. I.W1 NO [GK: The subject matter of this section would be moved to proposed section 32.7.4.1.1 27 I.W1 NO 27 Draft: 05/07/12 ATTACHMENT A [GK: The subject matter of this section would be moved to proposed section 32.7.4.1.1 emem [GK: The subject matter of this section would be moved to proposed section 32.7.4.1.1 [GK: The subject matter of this section would be moved to proposed section 32.7.4.1.1 See 32.7.5 WateF, seweF and otheF utilities [GK: The subject matter of this section would be moved to proposed section 32.7.5.1.1 For- the pttfpases of this seetion, sefviee shall not be deemed to be "Feasonably available" in a pat4iettlar- ease H'+ WhiGhi .• _ 1011111 k mm �PWPIIW.I [GK: The subject matter of this section would be moved to proposed section 32.7.4.1.1 See 32.7.5 WateF, seweF and otheF utilities [GK: The subject matter of this section would be moved to proposed section 32.7.5.1.1 For- the pttfpases of this seetion, sefviee shall not be deemed to be "Feasonably available" in a pat4iettlar- ease H'+ WhiGhi [GK: The subject matter of this section would be moved to proposed section 32.7.5.1.] MINOR [GK: The subject matter of this section would be moved to proposed section 32.7.5.1.] Draft: 05/07/12 ATTACHMENT A [GK: The subject matter of the first sentence would be moved to proposed section 32.6.2. The second sentence is regulated by VDOT.] _ . i �. NMI ■ .•� [GK: The subject matter of the first sentence would be moved to proposed section 32.6.2. The second sentence is regulated by VDOT.] [GK: The subject matter of this section would be moved to proposed section 32.7.5.1.1 _ . i �. NMI WS RIM • = [GK: The subject matter of this section would be moved to proposed section 32.7.5.1.1 [GK: The subject matter of this section would be moved to proposed section 32.7.6.1 [GK: The subject matter of this section would be revised and moved to proposed section 32.7.7.1 29 i NMI WS RIM • = [GK: The subject matter of this section would be moved to proposed section 32.7.6.1 [GK: The subject matter of this section would be revised and moved to proposed section 32.7.7.1 29 Draft: 05/07/12 ATTACHMENT A Signage shall be appy-ei,ed by the zaning administr-ater- in aeear-danee with seetion 4.15, signs, of this ehapter, AppFoval of a site plan shall not be deemed appr-eval of any signage e*eept stteh signs as may be speeifieally Fequifed by the eommission of the agent to regulate traffic, prohibit pafking or to serve some other puTose of this (Added 5 -1 -87) [GK: The subject matter of this section would be revised and moved to proposed section 32.7.8.1 See. 32.7.8.2 Outdoor- lighting shall eomply with the of section 4.17 of this ehap [GK: The subject matter of this section would be revised and moved to proposed section 32.7.7.] See. 32.7.9 Landscaping and sereenin- . . The PtfFPOSe of these r-eqtiir-efflefits is to Pr-ovide for- the installa4ion, Pfesetwation and maintenanee of plant to fiats intended to: a. lasidr-e development whieh is eensistent with the goals of the eempfeliensive plan Felated to nattir-al 0 0 environmental 0 b . Promote the pi blie health, safety an . elfat , 0. Conserve energy by providing shade and wind breaks. , e. impr-ove aif nlit i. A/Tir..m.ze noise, dtist and rT� 9. Promote tr-affie safety by eonti:elliag views and defining eir-ettlation pat4enis; h. r- ,o W- 8-5-) [GK: The subject matter of this section would be revised and moved to proposed section 32.7.9.1.1 See. 32.7.9.1 When r-equix-ex-17 [GK: The subject matter of this section would be revised and moved to proposed section 32.7.9.2.1 30 IW ., [GK: The subject matter of this section would be revised and moved to proposed section 32.7.9.2.1 30 Draft: 05/07/12 ATTACHMENT A 11.0m oft. it . . OTPRI A-III 11 NEVER 1 . [GK: The subject matter of this section would be revised and moved to proposed sections 32.7.9.3 and 32.7.9.9 (when to plant and maintenance and replacement.] �•seZS��Tea• 1111111mno. ".-P * 'I -- - a - .. 11.0m oft. it . . OTPRI A-III 11 NEVER 1 . [GK: The subject matter of this section would be revised and moved to proposed sections 32.7.9.3 and 32.7.9.9 (when to plant and maintenance and replacement.] �•seZS��Tea• 31 1111111mno. ".-P 31 Draft: 05/07/12 ATTACHMENT A fequest. in the ease of eanditional appr-aval of defliffi, the agent shall notif� the developer- in [GK: The subject matter of this section would be deleted and would be addressed in proposed sections 32.3.5 and 32.3.6.1 ° See. 32.7.� 32.7.9.4 Contents • , -1 N , N" NO - , i 1, C C,.enie vistas ., s the site 4;-.,m a iibli . .,4 The agent may r-eEfdir-e that any of all stieh feat-bir-es be pr-esei=ved upen detefmiaa4ien following a site due to ear-eless site design. it is fiet ifiteifide�- th-at thiffi; seetion be applied indiser-ifninately, fier- to prohibit development. (32.8.2.4, 7 10 85; Amended 5 1 87) (§ 32.8.2.2, 32.9.2.3, 32.9.2.4, 12 10 32.7.9.4, T 10 93. c 1 97; Or-d. 01 18(6), 10 2 01) 32 Draft: 05/07/12 ATTACHMENT A [GK: The subject matter of this section would be revised and moved to proposed section 32.7.9.4, except that the first sentence of the last paragraph would be moved to proposed section 32.7.9.1, where it more properly belongs.] MUM MINOR IN - . . [GK: The subject matter of this section would be revised, reorganized and moved to proposed sections 32.7.9.5, 32.7.9.8 (referring to type of screening permitted) and 32.7.9.9 (method of installation).] ........... — ----------------- --- 1[0 ibill~. I P IL -Wilk, ro� 33 .. Ilia - - INNER �11 [GK: The subject matter of this section would be revised, reorganized and moved to proposed sections 32.7.9.5, 32.7.9.8 (referring to type of screening permitted) and 32.7.9.9 (method of installation).] ........... — ----------------- --- 1[0 ibill~. I P IL -Wilk, ro� 33 Draft: 05/07/12 ATTACHMENT A N IN • , , Ira [GK: The subject matter of this section would be revised, reorganized and moved to proposed sections 32.7.9.5 and 32.7.9.9 (maintenance of trees).] r. M��: rssrs�ee*. rsssr� !rrss:r.�ssr�:rssrs�!e�erss ee�easstr�srse��ee�een�ff"M s r . .�es�f�ssees*:�s . fll� 04"1111 MI. Rip [GK: The subject matter of this section would be revised, reorganized and moved to proposed sections 32.7.9.5 (street trees), 32.7.9.6 (parking areas) and 32.7.9.8 (screening).] ffevided, stieh ser-eening stfip shall not be less than twenty (20) feet in depth. Vegetative ser-eening shall eensist of a double staggered few of evefgfeen trees planted fifteen (15) feet an eenter-, or- a double staggered r-ew of eveFgFeen shf4s planted ten (10) feet an eefiter-. Altefflate methods 0 vegetative ser-eening may be appr-aved by the agent. Wher-e a fenee or-wall is pr-evided, it shall be a mininitim of si�i (6) feet in height and plantings may be r-e"ir-ed a4 iatei=vals along stteh fenee or- 3�N,all. 34 Draft: 05/07/12 ATTACHMENT A rse!rs . . eri� MIS! �as��:rx�:es�fear��ssr�sfrssn� . . ........ e*e�e�see!*ee� �sss. [GK: The subject matter of this section would be moved to proposed section 32.7.9.7.1 See. 32.7.9.9 Tr-ee eanopy a. The for-egoing ne�withstaadiag, a minimum tt:ee eanopy shall be pi:evided in aeeer-danee with this five (5) feet in height at a maturit-y often (10) years after-planting. Seleetion of speeies for plaftfifig shall be in aeeer-d with seetion 32.7.9.4(a). Speeifieations fef plantings shall be in aeeofdwith seetion 32.7.9.5(b). Existing trees to be pr-eser-ved in aeeer-danee with seetion 32.7.9.4(b) together- with tfees . A under- seetions 32.7.9.6, 32.7.9.7 a-ad 32.7.9.8 shall eatifit tewafd satisfaetion of the fninifyMm b. The following mi p -meats shy -apps i Ten (10) per-eent tr-ee eanopy for- a site to be d&velaped with eammefeial, Offiee or- ifi"str-ial uses; 35 Draft: 05/07/12 ATTACHMENT A 2. Teti tr-ee for- to be develeped density twenty (10) pefeent eanapy a r-esidential site (20) dwelling tiftits ° aefe Of fflefe; 3. Fifteen (15) tr-ee for- at a gross of to be developed density per-cent canopy a residential site than to (1 0) but less than +,,,°rt„ i20 dwelling units 4. Twenty (20) tr-ee for- at a gross of more p to be developed density ten per-cent canopy a residential site in the land to this the following at a gross of be deducted the 0. calettlation of area sttbj eet section, of the deyelope --• af eas may at opti FaFm land devoid the time this or- other- areas of weady Deere.,t:..n., « °.1 materials a4 of adoption of seetion; 4.16; 4.7; tinder- seetio ° r ° np °r S ° a , ndef section Land dedi,..,t °,1 to ..,,b. lie us,—, like; Playing fields and Feefeation afeas attendant to schools, day care and the Ponds of lakes deemed by the agent to eoasti44e a desirable open spaee amenity; Areas Fe"iFed for- the pf:esen,atioa of wetlands, iqood plain or- otheF areas r-eqttif:ed to be maintained in t,, fa State by this ,.1.apte.. Of °theft. plieable law; -Areas appfoved by the agent in aeeofd with section 32.7.9.3. follows: i . The area of eanopy shall be ealetila4ed a4 ten 0 0) years of additional ma 7 The restiltant area shall be wiultiplied by ., factor of 1.25. (Adopted 6 20 nn\ [GK: The subject matter of this section would be moved to proposed section 32.7.9.8.1 [GK: This section would be deleted because staff recommends that this information no longer be shown on final site plans] 36 Draft: 05/07/12 ATTACHMENT A See. . 32 One (1) set of approved plans, profiles and specifieations shall be at the site at all times whenv�,or-k is being performed. (32.5.21, 19 [GK: The subject matter of this section does not belong in section 32.7, which pertains to requirements for improvements, so it would be revised and moved, for now, to proposed section 32.1.41 Sec. 32.1 General Provisions Sec. 32.1.1 Purim The purposes of section 32 are to: a. Improve the public health, safety, convenience and welfare of the citizens of the county by assuring the orderly development of land; b. Provide residential areas with healthy surroundings for family life by assuring that land being developed for residential uses under this section is developed in a manner that is harmonious with its surrounding lands: C. Implement the policies of the comprehensive plan through the standards and procedures established herein: d. Assure that the development of the county is consonant with efficient and economical use of public funds: e. Assure that all improvements required by this section are designed, constructed and maintained so as not to become an undue burden on the communi ; and £ Establish standards for development that are specific to, and most appropriate for, the lands within the coon . (& 32.1.Ord. 12 -18 ( ). ; (& 32.5.24. 12 -10 -8011 State law reference — Va. Code && 15.2 -2241 et sea.. & 15.2 -2280. [GK: This section would replace section 32.1 and it is modeled after County Code § 14 -101 since subdivision regulations and site plan regulations are primarily based on the same enabling authority.] Sec. 32.1.2 Relation of section 32 to other laws and private contracts The requirements of section 32 are: a. Separate from, but supplementary to, all other applicable requirements of the Code. Compliance with the requirements of section 32 shall not be deemed to be compliance with other applicable ordinances or regulations. b. Separate from, but supplementary to, all other applicable requirements of state or federal law. If the requirements of section 32 are in direct conflict with mandatory state or federal requirements then the state or federal requirements shall apply. 37 Draft: 05/07/12 ATTACHMENT A C. Separate from the requirements. terms or conditions of any private easement, covenant, agreement or restriction, and nothing in this chanter authorizes the county or any of its officers, employees or agents to enforce a private easement, covenant, agreement or restriction. (& 32.1.2, Ord. 12 -18 ( ). 1 State law reference — Va. Code § 15.2 - 2241(91 [GK: This section is new and is based on County Code § 14 -104, though it also incorporates the concept in the final paragraph of current section 32.1 Sec. 32.1.3 Rules of construction Section 32 protects paramount public interests and shall be liberallv construed to effectuate its several purposes. In addition to the rules of construction set forth in section 1 -101 of the Code, the following rules of construction apply to the construction of section 32, unless the application would be contrary to the pumoses of this chapter or the context clearly indicates otherwise. a. All references to any statute, regulation, guideline, manual or standard are to that statute, regulation guideline, manual or standard as it exists on the date of adoption of this chapter, and includes any amendment thereafter or reissue in a subsequent edition. b. The word "days" means calendar days, unless otherwise expressly provided. C. All distances and areas shall be measured in a horizontal plane unless otherwise expressly vided. d. The word "current" means the point in time at which a matter is under consideration and shall not mean the date of the adoption of the most recent amendment to section 32. (§ 32.1.2. Ord. 12 -18 ( ). 1 State law reference — Va. Code § 15.2- 2241(91. [GK: This section is new and is based on County Code § 14 -105] Sec. 32.1.4 Plans and other documents to be kept at the site One (1) set of the approved final site plan and all profiles and specifications shall be at the site at all times when work is being performed. (§ 32.1.4, Ord. 12 -18 ( ). : & 32.7.10.2. (& 32.5.21. 12 -10 -8011 State law reference — Va. Code § 15.2- 2241(91. [GK: This section is current section 32.7.10.2, which does not belong where it is.] Sec, 32.2 Applicability An approved site Dlan meeting the reauirements of section 32. other applicable reauirements of this chapter, and all other applicable laws, shall be required for any construction, use, change in use or other development in all zoning districts: provided that no site plan shall be required for the following: a. The construction or location of any single - family detached dwelling on a lot on which not more than 38 Draft: 05/07/12 ATTACHMENT A two (2) dwellings are located or proposed to be located if the lot has public street frontage, or the construction or location of one (1) dwelling unit on a lot that does not have public street frontage. b. The construction or location of a two - family dwelling on any lot not occupied by any other dwellings. C. Any structure that is accessory to a single- family detached or two - family dwelling. d. Any agricultural activity except as otherwise provided in section 5. e. Any change in or expansion of a use provided that: (i) the change or expansion does not require additional parking under section 4.12 of this chapter: (ii) no additional ingress /egress or alteration of existing ingress /egress is required by the Virginia Department of Transportation based on the intensification of the use: and (iii) no additional ingress/egress or the alteration of existing ingress/egress is proposed by the developer. (& 32.2.1, Ord. 12 -18 ( ). : && 32.2, 32.2. 12 -10 -8011 State law reference — Va. Code SS 15.2-2241(9),15.2-2258, 15.2- 2286(Al(81. [GK: This section would replace current section 32.2(a), though the only change is that the word "approved" was added to the first line of the introductory paragraph. Current section 32.2(b) and (c), which pertain to the waiver of certain site plan details, has been moved to proposed section 32.3.5, which pertains to all variations and exceptions under section 32.1 Sec. 32.3 Administration Sec. 32.3.1 Designation of agent: Dowers and duties The director of community development is hereby designated the agent of the board of supervisors for the purpose of administering section 32 exceDt as otherwise exDressly Drovided. The agent shall have the Dowers and duties to: a. Receive. process and act on site Dlan applications as provided in section 32. b. Establish reasonable administrative procedures as deemed necessary for the proper and efficient administration of section 32. C. Make all determinations and findings and impose all applicable requirements in reviewing plan. d. Consider and act on requests to vary or except the regulations of section 32 as provided in section 32.3.5. (& 32.3.1, Ord. 12 -18 (l. : && 32.3.1.32.3.2. ( && 32.6.7.32.6.2. 12- 10 -80)) State law reference — Va. Code &S 15.2- 2241(9). 15.2 -2255 [GK: This section would consolidate the powers and duties granted to the agent in current sections 32.3.1 and 32.3.2 and update the language. Subsection (d) uses the term "vary or except" as provided in Virginia Code § 15.2- 2242(1).] 39 Draft: 05/07/12 ATTACHMENT A Sec. 32.3.2 Establishment of site review committee; powers and duties A site review committee is hereby established and it shall be composed of representatives of the department of community development, the department of fire rescue. the Albemarle County Service Authority, the Virginia Department of Health. the Virginia Department of Transportation. the United States Department of Agriculture. Natural Resource Conservation Service, and the architectural review board. The site review committee shall have the powers and duties to: a. Meet from time to time to review site plans as provided in section 32. b. Transmit to the agent the requirements and recommendations it has identified relative to each site plan. c. Propose rules for the conduct of its business to the agent, which shall be established and approved as administrative procedures under section 32.3.3(121 (& 32.3.2, Ord. 12 -18 ( ). : & 32.3.1.5 -1 -87 (& 32.7.2. 12- 10 -80: 1 -1 -84) State law reference — Va. Code && 15.2- 2241(9). 15.2 -2255. [GK: This section would incorporate the powers and duties of the site review granted in current section 32.3.3, revise the language so that it more closely matches the language in County Code § 14 -202, and update the agency references.] Sec. 32.3.3 Amendments to a site ln_an Changes. revisions or erasures (collectively. "amendments ") to a site plan. including amendments to a landscape plan, may be made as follows. a. Prior to approval. Before a site plan is approved by the agent, the developer may amend a site plan or accompanying data sheet that has been submitted to the county if the agent authorizes the amendment in writing or if the site review committee requires the amendment in its review of the site plan. The procedures and requirements for initial and final site plans apply to amendments to a site plan. b. After approval. After a site plan is approved by the agent, the developer may amend the site plan if the amended site plan is submitted, reviewed and approved as provided in section 32.4: provided that the agent may approve minor amendments to an approved site plan if he determines that the site plan. as amended: (i) complies with all requirements of this chapter and all other applicable laws: (iil is substantially the same as the approved site plan: and (iii) will have no additional adverse impact on adjacent land or public facilities. Q 32.3.3, Ord. 12 -18 ( ), : § 32.3.8, 5 -1 -87 (& 32.6.5, 12 -10 -8011 State law reference — Va. Code && 15.2- 2241(9). 15.2 -2255. [GK: This section would replace and clarify current section 32.3.8, and would include the authority to amend a landscape plan.] Sec. 32.3.4 Fees The developer shall pay the applicable fees as provided in section 35.1. Q 32.3.4, Ord. 12 -18 ( ), : & 32.3.9.5 -5 -82 (& 32.6.6. 12 -10 -80)1 40 Draft: 05/07/12 ATTACHMENT A State law reference — Va. Code & 15.2- 2241(9). [GK: This section would replace current section 32.3.9 because the fee issues described in current section 32.3.9 are addressed in section 35.1.1 Sec 32.3.5 Variations and exceptiom Requirements of section 32 may be varied or excepted as follows: a. Exception from requirement to provide certain details in site plan. The agent may except certain details of a site plan and any amendment to a site plan otherwise required by sections 32.5 and 32.6 as provided herein: 1. Request for exception. A developer requesting an exception shall submit to the agent a written request stating the reasons for the request and addressing the applicable finding in subsection (al 2. 2. Finding. In granting an exception. the agent shall find that unusual situations exist or that strict adherence to requiring the details in sections 32.5 or 32.6 would result in substantial injustice or hardship. This finding shall be supported by information from the site review committee that all of the details required by sections 32.5 and 32.6 are not necessary for its review of the proposed development, and from the zoning administrator, in consultation with the county engineer that the details waived are not necessary to determine that the site is developed in compliance with this chapter and all other applicable laws. 3. Action by the agent on a reauest. The agent yapprove or den t�quest. In approving an exception, the agent shall identify the details otherwise required by sections 32.5 and 32.6 that are excepted. b. Variation or exception from any requirement oubection 32.7. Any requirement of section 32.7 may be varied or excepted, in an individual case, as provided herein: 1. Reauest for a variation or exception. A developer reauesting a variation or exception shall submit to the agent a written request stating the reasons for the request and addressing applicable findings in subsections (b)(2) and (b)(3). When a substitution is requested. the developer also shall describe the proposed substituted technique, design or materials composing the substituted improvement. The request should be submitted before the site review committee considers the initial site Dlan. 2. Findings required for a variation. The agent may aDDrove a reauest for a variation to substitute a required improvement upon finding that because of an unusual situation, the developer's substitution of a technique, design or materials of comparable quality from that required by section 32.7 results in an improvement that substantially satisfies the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in section 32.7. 3. Findings required for an exception. The agent may aDDrove a reauest for an exception from an requirement of section 32.7 upon finding that: (i) because of an unusual situation, including but not limited to the unusual size, topography, shape of the site or the location of the site: or (iil when strict adherence to the requirements would result in substantial injustice or hardship by, including but not limited to, resulting in the significant degradation of the site or to ad'ai cent 41 Draft: 05/07/12 ATTACHMENT A properties, causing a detriment to the public health, safety or welfare, or by inhibiting the orderly development of the area or the application of sound engineering practices. 4. Action by the agent on a request: conditions. The agent may approve, approve with conditions . or deny the request. If a request is approved, the agent shall include a statement regarding the findings made. If a request is denied, the agent shall inform the developer in writing within five 5) days after the denial, and include a statement explaining why the request was denied. In approving a request, the agent may impose reasonable conditions deemed necessary to protect the public health, safety or welfare. C. Anneals. The decision of the agent may be appealed as provided in section 32.3.6. (& 32.3.5, Ord. 12 -18 ( ), : && 32.2, 32.2.1, 32.2.2, 12- 10 -80: 5 -1 -87: Ord. 09- 18(11. 32.2: Ord. 10- 18(2), 2 -10 -10): & 32.3.10, Ord. 01- 18(4), 5 -9 -01 (& 32.3.11.4, 5 -1 -87)1 State law reference — Va. Code && 15.2- 2241(9). 15.2- 2242(1). [GK: Subsection (a) would replace and revise current section 32.2(b) and uses the language provided in Virginia Code § 15.2- 2242(1) which allows variations or exceptions "in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship." Subsection (b) would replace current section 32.3.10 (partial; see also proposed section 32.3.6) and also uses the language provided in Virginia Code § 15.2- 2242(1). Subsection (b) also reorganizes the sequence of events in current section 32.3.10 that they (request, action, appeal) are stated in a logical order.] A denial of a reauest for a variation or an exception or the approval of a variation or exception with conditions objectionable to the developer may be a appealed by the developer as follows: a. To the planning commission. A developer may appeal the decision of the agent to the planning commission by submitting a written request for appeal to the agent within ten (10) days after the date of the agent's decision. In acting on an appeal, the commission shall consider the recommendation of the agent and all other relevant evidence, and apply the findings provided in section 32.3.5. The commission may pprove or deny the request. In approving �request on an appeal from a decision under section 32.3.5(b), the commission may impose reasonable conditions deemed necessary to protect the public health, safety or welfare. b. To the board ofsupervisors. A developer may ppeal the decision of the planning commission to the board of supervisors by submitting a written request for appeal that is submitted to the clerk of the board of supervisors within ten (10) calendar days after the date of the planning commission. In acting on an appeal, the board shall consider the recommendation of the agent and all other relevant evidence, and apply the findings provided in section 32.3.5. The board may pprove or deny the request. In approving a request on an appeal from a decision under section 32.3.5(b), the board may impose reasonable conditions deemed necessary to protect the public health, safety or welfare. C. Effect of filing anneal. An appeal shall suspend the running of the time by which the agent must act on a site plan under section 32.4.2.6 from the date the appeal is submitted until the date the planning commission or the board of supervisors acts on the appeal, whichever takes the last action. (& 32.3.6, Ord. 12 -18 (l. : S 32.3.10, Ord. 01- 18(4), 5 -9 -01 (& 32.3.11.4, 5 -1 -8711 State law reference — Va. Code & 15.2- 2242(11. 42 Draft: 05/07/12 ATTACHMENT A [GK: This section would replace current section 32.3.10 (partial; see also proposed section 32.3.5). Subsections (a) and (b) vary from the current regulations, which treat an appeal as an appeal from the disapproval of a site plan. The change is proposed because under the proposed regulations, fewer site plans will be reviewed by the planning commission, and it keeps these discretionary requests separate from the ministerial site plan process. Subsection (c) would be added to clarify that running of the time by which action is required on the site plan is required is suspended while an appeal is pending.] Sec. 32.4 Procedures for submittal, review and action on site plans See. 32.4.1 Procedure for review of preapplication plans Sec, 32.4.1.1 Submittal of preapplication plan and other information A developer may request a preapplication review by submitting the following to the department of community development in accordance with the submittal schedule established by the a eg=ret a. Preannlication plan. A preapplication plan meeting the requirements of sections 32.4.1.2 and 32.4.1.3. b. Other information. A letter stating which provisions of this chapter the developer believes will require a variation or exception under section 32.3.5 or a special exception under section 33. The letter need not include a justification or any supporting information. (& 32.4.1.1.Ord. 12 -18 ( 1. 1 State law reference — Va. Code && 15.2- 2241(9). 15.2 -2255, 15.2 -2258. 15.2- 2286(Al(81. [GK: This section is new.] Sec. 32.4.1.2 Form and style of preapplication plan Each preapplication plan submitted shall comply with the following a. Number of conies. Three (3) clearlv legible copies in blue or black ink of the plan. b. Scale and size. The plan shall be prepared to the scale of one (1) inch equals twenty (20) feet or to another scale approved by the agent in a particular case. No sheet shall exceed forty -two (42) inches by thirty -six (36) inches in size. The plan may be prepared on one (11 or more sheets. If prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. The top of the sheet shall be approximately either north or east. C. Dimensions. The plan shall be dimensioned to at least the following standards for accuracy: 1. Boundarv. setback and zoning lines: One foot in one thousand (1:1.000) feet. 2. Existing contours: One -half (%) of the contour interval required in section 32.5.2(dl. 3. Proposed contours: Within five (5) feet horizontally and vertically. 4. Existing structures, utilities and other topographic features: Within five (5) feet. 5. Proposed structures, roads, parking lots and other improvements: Within five (5) feet. 43 Draft: 05/07/12 ATTACHMENT A (& 32.4.1.2, Ord. 12 -18 ( ). 1 State law reference — Va. Code &S 15.2- 2241(9). 15.2 -2255, 15.2 -2258. 15.2- 2286(Al(81. [GK: This section is new.] Sec. 32.4.1.3 Contents of preanplication nla Each preapplication plan shall contain the following information: a. General information. The name of the development; names of the owner, developer and individual who prepared the plan; tax map and parcel number; zoning district; descriptions of all proffers, special use permits and conditions, special exceptions and conditions, variances, application plans, codes of development and bonus factors applicable to the site; magisterial district; county and state: north point: scale: one datum reference for elevation (if the site includes land subject to section 30.3, flood hazard overlay district, United States Geological Survey vertical datum shall be shown and/or correlated to plan topography): the source of the topography; the source of the survey_; sheet number and total number of sheets; names of the owners, zoning district, tax map and parcel numbers and present uses of abutting parcels; departing lot lines: minimum setback lines, yard and building separation requirements: and boundary dimensions. b. Information regarding the proposed use. Written schedules or data as necessary to demonstrate that the site can accommodate the proposed uses, including proposed uses and maximum acreage occupied by each use; maximum number of dwelling units by type including the number of bedrooms for multi- family dwellings; gross residential density; square footage of recreation area, percentage and acreaeof open space; maximum square footage for commercial and industrial uses; maximum floor area ratio and lot coverage if industrial; maximum height of all structures; schedule of parking including the maximum amount required and the amount provided; and the maximum amount of impervious cover on the site: whether a landscape plan is required. (a landscape plan is required if the site proposes 80% impervious area or if the site is located within an entrance corridor overlay district). C. Phase lines. If phasing planned, phase lines. d. Topography and proposed rig. Existing topography to twenty �_ 201�percent slope, maximum five [5] foot contours, over twenty v 201 percent slope, maximum ten [ 10] foot contours) for the entire site with sufficient offsite topography to describe prominent and pertinent offsite features and physical characteristics but in no case less than fifty (50) feet outside of the site unless otherwise approved by the agent; proposed gig (maximum five [5] foot contours) supplemented where necessary yspot elevations: areas of the site where existing slopes are twenty -five (25) percent or greater. e. Landscape features. The existing landscape features as described in section 32.7.9.4(cl. f. Watercourses and other bodies of water. The name and location of all watercourses and other bodies of water adjacent to or on the site: indicate whether the site is located within a reservoir watershed. 9. Septic setback lines. The location of septic setback lines from watercourses including intermittent streams and other bodies of water. h. Flood plain. The one hundred v_ ear flood plain limits as shown on the official flood insurance maps for Albemarle County. 44 Draft: 05/07/12 ATTACHMENT A i. Streets, easements and travelways. The existing and proposed streets, access easements, alley easements and rights -of -way, and travelways, together with street names, state route numbers, right-of-way-lines and widths, and pavement widths. i. Existing sewer and drainage. The location and size of existing water and sanitary sewer facilities and easements, storm sewer facilities, drainage channels, and drainage easements. k. Proposed sewer and drainage. The proposed conceptual lay -out for water and sanitary sewer facilities and storm drainage facilities including storm detention ponds or structures, indicating the direction of flow in all pipes and watercourses with arrows. 1. Existing and proposed utilities. The location of other existing and proposed utilities and utility easements, including existing telephone, cable electric and gas easements must be shown. In. Ingress and egress. The location of existing and proposed ingress to and egress from the property, showing the distance to the centerline of the nearest existing street intersection. n. Existing and proposed improvements. The location and dimensions of all existing and proposed improvements including buildings (maximum footprint and height l and other structures: walkway fences: walls: trash containers: outdoor lighting: landscaped areas and open space: recreational areas and facilities: parking lots and other paved areas: and loading and service areas. o. Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use. P. Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plan. (& 32.4.1.3, Ord. 12 -18 State law reference — Va. Code && 15.2-2241(9),15.2-2255, 15.2 -2258. 15.2- 2286(Al(81. [GK: This section is new.] See, 32.4.1.4 Review of nreannlication plan Each Dreamlication plan meeting the reauirements of sections 32.4.1.2 and 32.4.1.3 and each letter Drovided b section 32.4.1.1(b) shall be reviewed by the agent. Within ten (10) days after the submittal, the agent shall send written comments to the developer addressing the following: a. Compliance with zoning. Whether the proposed use and density complies with this chapter and all applicable proffers, special use permits and conditions, special exceptions and conditions variances . application plans and codes of development. b. Variations, exceptions and special exceptions. Identify all variations and exceptions that will be required under section 32 and all special exceptions that will be required by other sections of this chapter, including references to the sections in this chapter for which variation, exception or special exception will be sought, the sections authorizing the variation, exception or special exception, and the sections identifying the information the developer must submit in order for the variation, exception or special exception to be considered. C. Fees. The amount of the fees required for reviewing the site plan and any request for a variation or exception. 45 Draft: 05/07/12 ATTACHMENT A d. Reauired changes. Identifv anv features on the elan that must be changed in order to comply with this chanter or any applicable proffer, special use permit condition, variance, application plan or code of development requirement. e. Requested changes. Identify any features on the plan requested to be modified to address components of the comprehensive plan or sound planning and engineering practices. f. Additional information. The agent may require additional information to be shown on the initial site plan as deemed necessary in order to provide sufficient information for the agent to adequately review the initial site plan including, but not limited to, information from a traffic study, landscaping. historic resources and groundwater. (& 32.4.1.4, Ord. 12 -18 ( 1. 1 State law reference — Va. Code && 15.2- 2241(9). 15.2 -2255, 15.2 -2258. 15.2- 2286(Al(81. [GK: This section is new.] Sec. 32.4.2 Procedure for review and action on initial site Ilan Sec, 32.4.2.1 Submittal of initial site plan: determination of completeness Each initial site plan shall be submitted to the agent and it shall be processed as follows: a. Date of official submittal. An initial site plan shall be deemed to be officially submitted on the date of the next application deadline established by the agent after the submittal of the plan, and its acceptance for official submittal by the agent. b. Determination that plan is incomplete: notice. An initial site plan omitting any information required bv_ section 32.5 shall be deemed to be incomplete and shall not be accepted for official submittal by the agent. This review and determination shall be made within ten (10) days after the application submittal deadline. The agent shall inform the developer in writing of the reasons for the disapproval, with citation to the applicable section of this chapter or other law and what corrections or modifications will permit acceptance of the plan. The agent shall notify the developer or his or her agent of the disapproval in writing y first class mail, personal delivery, or, if consented to by the developer in writing, by fax or email. C. Resubmittal. Within fifteen (15) days after the date the notice of disapproval was mailed or delivered by the agent, the developer may resubmit the initial site plan. The date of the next application deadline after the resubmittal of the plan shall be deemed to be the date upon which the plan was officially submitted. In the event the developer fails to resubmit the plan within the fifteen (15) day period, the plan shall be deemed to be disapproved and a new application and fee shall be required for submittal of the plan. d. Transmittal to site review committee, architectural review board. and state agency. An initial site plan deemed officially submitted shall be transmitted to the site review committee and, for plans for sites within the entrance corridor overlay district, the architectural review board as provided in section 32.4.2.2. If state agency apDroval of an initial site plan is required, the agent shall forward to the state agency, within ten (10) days after the initial site plan is deemed officially submitted, all documents necessary to allow it to conduct its review. e. Notice: recipients. When the agent determines that an initial site plan is officially submitted, he shall send notice that an initial site plan has been submitted to the owner of each lot abutting the development 46 Draft: 05/07/12 ATTACHMENT A and to each member of the board of supervisors and the planning commission. The notice shall describe the We of use proposed: the specific location of the development: the appropriate county office where the plan may be viewed: and the dates the site review committee meeting and, if applicable. the architectural review board will review the plan. f. Notice: how provided. The notice required by subsection (e) shall be mailed or hand delivered at least ten (10) days prior to the site review committee meeting and, if applicable, the architectural review board meeting at which the initial site plan will be reviewed. Mailed notice shall be sent by first class mail. Notice mailed to the owner of each lot abutting the development shall be mailed to the last known address of the owner, and mailing the notice to the address shown on the current real estate tax assessment records of the county shall be deemed compliance with this requirement. If a lot abutting the development is owned by the developer, the notice shall be given to the owner of the next abutting property not owned by the developer. 9. Notice: defect does not affect validity ofsite plan. The failure of any person to receive the notice required by subsection (e), or any error in the notice, shall not affect the validity an apTroved site plan, and shall not be the basis for an appeal. (& 32.4.2.1.Ord. 12 -18 ( ). : & 32.4.2.1. : & 32.4.2.5, 1 State law reference —Va. Code §_§ 15.2-2241(9),15.2-2255,15.2-2253_15.2-2260, [GK: This section incorporates some of the subject matter of current sections 32.4.2.1 and 32.4.2.5, with revisions. It uses the format of County Code § 14 -216.] Sec. 32.4.2.2 Review of initial site 1p an by site review committee and architectural review board Upon receipt of an initial site plan from the agent, the site review committee and the architectural review board shall review the plan as follows: a. Site review committee review. The site review committee shall review each plan for compliance with the technical requirements of this chapter. Upon completion of its review, the site review committee shall transmit its requirements and recommendations to the agent. b. Architectural review board review. The architectural review board shall review each plan for sites within the entrance corridor overlay district for consistency with the design criteria and the design guidelines. Upon completion of its review, the architectural review board shall transmit its requirements and recommendations to the agent (& 32.4.2.2, Ord. 12 -18 ( ), : & 32.4.2.2, 5 -1 -87 (& 32.7.3, 12 -10 -8011 State law reference —Va. Code §§ 15.2-2241(9),15.2-2255, 15.2 -2258. 15.2 -2260 [GK: This section incorporates some of the subject matter of current section 32.4.2.2, with revisions. It uses the format of County Code § 14 -217.1 Sec, 32.4.2.3 Revisions to address required changes Each initial site plan for which changes are required shall be revised as follows: a. Reauirements identified: letter to the developer. If the site review committee or the architectural review board require or recommend revisions to the initial site plan, the agent shall promptly issue a letter to 47 Draft: 05/07/12 ATTACHMENT A the developer stating the required changes that must be made. The letter shall be sent by first class mail, be personally delivered or, if consented to by the developer in writing, by fax or email. b. Plan revised to address required changes. The developer shall revise the plan to address all of the required changes before final approval of the initial site plan by the agent. The developer is not required to revise the plan to address any recommendations of the site review committee or the architectural review board. (& 32.4.2.3, Ord. 12 -18 (l, ; & 32.4.2.3, 1 State law reference — Va. Code &S 15.2- 2241(9). 15.2 -2255, 15.2 -2258. 15.2 -2260 [GK: This section incorporates the subject matter of current section 32.4.2.3, with revisions. It also adds the requirement that the developer be informed in writing of the required changes by the agent (which is what is proposed in the similar provision for final site plans).] Sec. 32.4.2.4 Deferrral of review; when apjlication deemed withdrawn The review o£ and action on, an initial site plan may be deferred. and an application for an initial site Dlan ma be deemed withdrawn as follows: a. Request to defer by developer. A developer may request that review or action on its application for an initial site plan be deferred for a specified period up to six (6) months. If action on the initial site plan is not taken by the agent as provided in section 32.4.2.5 within six (6) after the date the referral was requested, the application shall be deemed to have been voluntarily withdrawn. b. Failure to submit revised plan. If a developer fails to submit a revised initial site plan to address all of the requirements within six (6) months after the date of the letter from the agent as provided in section 32.4.2.3, the application shall be deemed to have been voluntarily withdrawn by the developer. C. Extension of deferral period or-period to submit revised plan. Before the six (6) month period in subsections (a) or (b) expire, the developer may request that the agent extend the period before the application is deemed withdrawn. The request must be received by the agent before the six (6) month period expires. The agent maygrant one extension for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity_ of the review, and the laws in effect at the time the extension request is made. ((& 32.4.2.4, Ord. 12 -18 (l. : & 32.4.2.8, Ord. 01- 18(6), 10 -3 -011 State law reference — Va. Code S& 15.2- 2241(9). 15.2 -2255. [GK: This section incorporates the subject matter of current section 32.4.2.8, with revisions.] Sec, 32.4.2.5 Review and action on initial site 1� went The agent shall review and act on an initial site plan as follows: a. Review. The agent shall review the initial site plan for compliance with all reauirements. and shall make a good faith effort to identify all deficiencies, if any, during review of the plan. The agent shall consider the recommendations of the site review committee and any statement by the developer. The agent also may consider any other evidence pertaining to the compliance of the plan with the requirements of this chapter as deemed necessary for a proper review of the plan. 48 Draft: 05/07/12 ATTACHMENT A b. Time for action. The agent shall act on the initial site plan within six (tl 60) days after the date the plan was officially submitted, provided that if annroval of a feature on the plan by a state agency is necessary, the period in which the plan is acted upon shall not exceed ninety (901 days. 1. Alternative time for action ifstate agency approval is required. If state agency approval is required, the agent shall approve or disapprove the Dlan within thirty -five (35) days after receipt of approvals from all state agencies. 2. Susvension ofrunning of time for action. The running of the time by which the agent must act on a plan shall be suspended: (i) from the date of the letter to the developer until the date the revised initial site plan addressing the required changes is submitted under section 32.4.2.3(bl: (ii) from the date of the developer's request for a deferral under section 32.4.2.4(al: and (iii) during any extension granted under section 32.4.2.4(cl. C. Action. If the agent determines that the initial site plan complies with all requirements, he shall approve the plan. If the agent determines that the does not comply with all requirements_ he shall disapprove the plan. In either case, the agent shall inform the developer as follows: 1. Notice of avvroval. If the agent aDDroves the Dlan. he shall Dromptly issue a letter to the developer informing the developer of the approval and stating the requirements that must be included with submittal of the final site plan and those conditions which must be satisfied prior to approval of the final site plan. The agent shall mail the letter by first class mail personally deliver it to the developer, or, if consented to by the developer in writing; deliver it by fax or email. 2. Notice ofdisanvroval. If the agent disaDDroves the Dlan. he shall DromDtly issue a letter to the developer stating the reasons for disapproval by identifying the initial site plan's deficiencies and citing the applicable sections of this chapter or other law, and what corrections or modifications will permit approval of the plan. The agent shall mail the letter by first class mail, personally deliver it to the developer, or, if consented to by the developer in writing, deliver it by fax or email. (& 32.4.2.5, Ord. 12 -18 ( 1. : & 32.4.2.6, 1 State law reference — Va. Code S& 15.2- 2241(9), 15.2 -2255, 15.2 -2258. 15.2 -2260. [GK: This section incorporates the subject matter from current section 32.4.2.6, with revisions. This section also adds that the time for action on an initial site plan will be suspended during certain events.] Sec. 32.4.2.6 Anneal and judicial review The disapproval of an initial site plan maybe appealed as follows: a. Anneal to commission and board ofsuvervisors. If an initial site Dlan is disapproved by the agent. the developer at its sole option may anneal the disapproval to the commission and, if the commission disapproves the initial site plan, to the board of supervisors. The appeal shall be in writing and be filed with the agent within ten (10) days after the date of the disapproval by the agent or by the commission as the case may be. The action by the commission and the board shall comply with subsection 32.4.2.5(cl. b. Judicial review. If an initial site plan is disapproved by the agent, the commission or the board of supervisors, the disapproval may be appealed to the circuit court as provided in Virginia Code & 15.2 - 2260(E . 49 Draft: 05/07/12 ATTACHMENT A (& 32.4.2.6, Ord. 12 -18 (). : & 32.4.2.6, Ord. 01- 18(6). 10 -3 -011(& 32.4.2.7,12-10-80 State law reference — Va. Code §_§ 15.2 - 2241(9), 15.2 -2255, 15.2 -2258, 15.2 -2260. [GK: This section incorporates the subject matter of current section 32.4.2.6, with revisions.] Sec. 32.4.2.7 Period of validity of approved initial site plan An approved initial site plan is valid as follows: a. Valid for five years: prerequisites. An initial site plan shall be valid for a period of five (5) years from the date it is approved pursuant to this chapter, provided that the developer submits a final site plan for all or a portion of the site within one (1) year after the approval as provided in section 32.4.3.1 and thereafter diligently pursues approval of the final site plan. b. Revocation ofapproval after three years. After three (3) years following initial site plan approval. the agent may, after ninety (90) days' written notice provided by certified mail to the developer, revoke the approval of the initial site plan upon a specific finding of facts that the developer failed to diligently pursue approval of the final site plan. C. Approval null and void if final site plan not submitted within one year. The failure to officially submit a final site plan as provided in section 32.4.3.1 within one (1) year after approval of the initial site plan shall render the approval of the initial site plan null and void. For purposes of this section, the date the initial site plan is approved shall be the date that the letter of approval required by section 32.4.2.5(c)(11 is mailed or otherwise delivered as provided therein. (& 32.4.2.7, Ord. 12 -18 ( 1. 1 State law reference —Va. Code S 15.2 -2261. [GK: This section is new and addresses the issue of the period of an initial site plan's validity directly, rather than indirectly under current section 32.4.3.1. It is based on County Code § 14 -231.1 Sec. 32.4.3 Procedure for review and action on final site t See. 32.4.3.1 Submittal of final site plan: determination of completeness Each final site plan shall be submitted to the agent and it shall be processed as follows: a. Prerequisites to submittal. A final site plan shall not be submitted unless: 1. An initial site plan was approved for the development and it remains valid. 2. The final site plan satisfies all of the requirements of section 32.6. 3. The final site plan satisfies all of the conditions delineated in the letter provided under section 32.4.2.5(c)(1) required to be satisfied prior to submitting the final site plan. b. Date of official submittal. A final site plan shall be submitted for approval within one (l ) year after the date of approval of the initial site plan was mailed or delivered as provided in section 32.4.2.5(c)(1). A final site plan shall be deemed to be officially submitted on the date it is submitted and satisfies the mquirempW of subsection (al. 50 Draft: 05/07/12 ATTACHMENT A C. Determination that elan is incomplete: notice. A final site Dlan not satisfving the reauirements of subsection (a) shall be deemed to be incomplete and shall not be accented for official submittal by the agent. This review and determination shall be made within ten (101 days after the application submittal deadline. The agent shall inform the developer in writing of the reasons for the disapproval. with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit acceptance of the plan. The agent shall notify the developer or his or her agent of the disapproval in writing by first class mail, personal delivery, or, if consented to by the developer in writing_ by fax or email. d. Resubmittal. Within fifteen (15) days after the date the notice of disapproval was mailed or delivered b the agent, the developer may resubmit the final site plan together with payment of the fee for the reinstatement of review. The date of the next application deadline after the resubmittal of the plan shall be deemed to be the date upon which the plan was officially submitted. In the event the developer fails to resubmit the plan within the fifteen (15) day period, the plan shall be deemed to be disapproved and a new application and fee shall be required for submittal of the plan. e. Transmittal. A final site Dlan deemed officially submitted shall be transmitted to the site review committee. If state agency approval of a final site plan is required, the agent shall forward to the state agency, within ten (10) days after the final site plan is deemed officially submitted, all documents necessary to allow it to conduct its review. (& 32.4.3.1.Ord. 12 -18 ( ). : & 32.4.3.1.5 -1 -87: 32.4.3.215-1-87 (& 32.7.1. 12 -10 -80): & 32.4.3.3. 1 State law reference — Va. Code && 15.2- 2241(9). 15.2 -2255. 15.2 -2258, 15.2 -2259. 15.2- 2286(A)(8). [GK: This section would incorporate the subject matter in current sections 32.4.3.1, 32.4.3.2 and 32.4.3.3, with revisions. It follows the structure of proposed section 32.4.2.1 and County Code § 14 -221.] Sec. 32.4.3.2 Review of final site ley site review committee Upon receipt of a final site Dlan from the agent. the site review committee shall review the Dlan and make its recommendations as follows: a. Review for compliance with section 32. The plan shall be reviewed to determine that it complies with the requirements of section 32 in effect when the initial site plan was approved. b. Review for compliance with chapter 18 and other laws. The plan shall be reviewed to determine that it complies with the other requirements of chapter 18 and other laws in effect at the time of final site plan review, including but not limited to Code && 17 -403 and 17 -404, if applicable: provided that the developer may establish that its rights have vested to have the final site plan reviewed under prior versions of chapter 18 or other applicable laws. C. Review for compliance with conditions of initial site plan approval. The plan shall be reviewed to confirm that it satisfies all of the conditions required to be satisfied prior to submitting the final site lap, and all of the conditions required to be satisfied prior to final site plan approval, delineated in the letter provided under section 32.4.2.5(c)(1) . 51 Draft: 05/07/12 ATTACHMENT A d. Recommendation. Upon completion of its review, the site review committee shall transmit to the a egnt its recommendation for approval if it determines that the plan satisfies the requirements of subsections al. (b) and (c), or its recommendation for required changes if it determines the plan does not satisfy the requirements of subsections (a). (bl or (cl. & 32.4.3.2, Ord. 12 -18 ( 1. : SS 32.4.3.1.5 -1- 87.32.4.3.4. 32.5.7, Ord. 04- 18(4). 12 -8- 04, effective 2 -8 -05) State law reference — Va. Code §§ 15.2 -2121, 15.2- 2241(9), 15.2 -2255, 15.2 -2258, 15.2 -2259, 15.2- 2286(A)(8). [GK: This section would incorporate the subject matter of current sections 32.4.3.1 and 32.4.3.4, with revisions. Subsection (a) is in current section 32.4.3.1 but it is more appropriate in this section; subsection (b) clarifies current regulations and also incorporates the express requirement in current section 32.5.7 that an applicant satisfy the requirements of County Code §§ 17 -403 and 17 -404 prior to final site plan approval. Subsection (c) is new.] See, 32.4.3.3 Revisions to address required changes A final site plan for which changes are required shall be revised as follows: a. Reauirements identified: letter to the developer. If the site review committee identifies reauired changes to the final site plan, the committee shall promptly issue a letter to the developer stating the required changes that must be made. The letter shall be sent by first class mail, be personally delivered or. if consented to by the developer in writing, by fax or email. b. Response to address requirements. The developer shall revise the plan to address all of the required changes before approval of the final site plan by the agent. (& 32.4.3.3, Ord. 12 -18 ( ). 1 State law reference — Va. Code §§ 15.2- 2241(9). 15.2 -2255, 15.2 -2258. 15.2 -2259. [GK: This section is new. It follows the structure of proposed section 32.4.2.3.] MIT The review of, and action on, a final site plan may be deferred, and an application for a final site plan maybe deemed withdrawn as follows: a. Request to defer by developer. A developer may request that review or action on its application for a final site plan be deferred for a specified period up to six (6) months. If action on the final site plan is not taken by the agent as provided in section 32.4.3.5 within six (6) after the date the referral was requested, the application shall be deemed to have been voluntarily withdrawn. b. Failure to submit revised plan. If a developer fails to submit a revised final site plan to address all of the requirements within six (6) months after the date of the letter from the agent as provided in section 32.4.3.3, the application shall be deemed to have been voluntarily withdrawn by the developer. c. Extension of deferral period or period to submit revised elan. Before the six (6) month period in subsections (a) or (b) expire, the developer may request that the agent extend the period before the application is deemed withdrawn. The request must be received b, the he agent before the six (6) month period expires. The agent may grant one extension for a period determined to be reasonable, taking into consideration the size or nature of the proposed development, the complexity of the review, and the laws in effect at the time the extension request is made. 52 Draft: 05/07/12 ATTACHMENT A Q 32.4.3.4, Ord. 12 -18 (). : & 32.4.3.10, Ord. 01- 18(6). 10 -3 -011 [GK: This section incorporates the subject matter of current section 32.4.3.10, with revisions.] See. 32.4.3.5 Review and action on final site plan by agent The agent shall review and act on a final site plan as follows: a. Review. The agent shall review the final site plan for compliance with all reauirements. and shall make a good faith effort to identify all deficiencies, if any, during review of the plan. The agent shall consider the recommendations of the site review committee and any statement by the developer. The agent also may consider any other evidence pertaining to the compliance of the plan with the requirements of this chapter as deemed necessary for a proper review of the plan. b. Time for action. The agent shall act on the final site plan within sixty (60) days after the date the plan was officially submitted, provided that if approval of a feature on the plan by a state agency necessary, the period in which the plan is acted upon shall not exceed ninety (90) days. 1. Alternative time for action ifstate agency approval is required. If state agency approval is required, the agent shall approve or disapprove the plan within thirty -five (351 days after receipt of approvals from all state agencies. 2. Susvension of running of time for action. The running of the time by which the agent must act on a plan shall be suspended: (i) from the date of the letter to the developer until the date the revised initial site plan addressing the required changes is submitted under section 32.4.330): (ii)-from the date of the developer's request for a deferral under section 32.4.3.4(a): and (iii) during any extension granted under section 32.4.3.4(c). C. Action. If the agent determines that the final site plan complies with all requirements, he shall approve the plan and sign the master drawing required by section 32.6.4. If the agent determines that the plan does not comply with all requirements, he shall disapprove the plan. In either case, the agent shall inform the developer as follows. 1. Notice of approval. If the agent approves the plan, he may issue a letter to the developer informing the developer of the approval. The agent shall mail the letter by first class mail personally deliver it to the developer, or, if consented to by the developer in writings deliver it by fax or email. 2. Notice of disapproval. If the agent disapproves the plan, he shall promptly issue a letter to the developer stating the reasons for disapproval by ying the initial site plan's deficiencies and citing the applicable sections of this chapter or other law, and what corrections or modifications will permit approval of the plan. The agent shall mail the letter by first class mail personally deliver it to the developer, or, if consented to by the developer in writing, deliver it by fax or email. (& 32.4.3.5, Ord. 12 -18 ( ), : & 32.4.3.7, ) State law reference — Va. Code && 15.2- 2241(9). 15.2 -2255, 15.2 -2258, 15.2 -2259. 53 Draft: 05/07/12 ATTACHMENT A [GK: This section would incorporate the subject matter of current sections 32.4.3.7, with revisions. It follows the structure of proposed section 32.4.2.5.1 Sec. 32.4.3.6 Anneal and judicial review The disapproval of a final site plan maybe annealed as follows: a. Anneal to vlannine, commission and board ofsuvervisors. If a final site plan is disapproved by the agent, the developer at is sole option may appeal the disapproval to the planning commission and, if the commission disapproves the initial site plan, to the board of supervisors. The appeal shall be in writing and be filed with the agent within ten (10) days after the date of the disapproval by the agent or by the commission, as the case may be. The action by the commission and the board shall comply with subsection 32.4.3.5(cl. b. Judicial review. If a final site plan is disapproved by the agent, the planning commission or the board of supervisors, the disapproval may be appealed to the circuit court as provided in Virginia Code § 15.2- 2259 D . (& 32.4.3.6, Ord. 12 -18 ( ), : & 32.4.3.9, 1 State law reference — Va. Code && 15.2- 2241(9). 15.2 -2255, 15.2-225B_15.2-2260. [GK: This section incorporates the subject matter of current section 32.4.3.9, with revisions. It follows the structure of proposed section 32.4.2.6.1 Sec, 32.4.3.7 Period of validity of approved final site elan An approved final site plan is valid as follows: a. Valid for five years or longer. An approved final site plan shall be valid for a period of not less than five (5) years after the date of its approval or for a longer period as the agent may, at time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development. A site plan shall be deemed to be final once it has been signed b the he agent and if the only requirement remaining to be satisfied in order to obtain a building permit is the posting of any bonds and escrows. b. Request for extension. Upon application of the developer submitted prior to expiration of the final site plan, the agent may grant one or more extensions of the approval for additional periods as the a may, at time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development, and the laws, ordinances and regulations in effect at the time of the request for an extension. If the agent denies the request, he shall promptly issue a letter to the developer stating the reasons for the denial. The agent shall mail the letter by first class mail, personally deliver it to the developer, or, if consented to by the developer in writing, deliver it by fax or email. C. Judicial review if request for extension denied. If the agent denies an extension requested as provided in subsection (b) and the developer contends that the denial was not properly based on the regulation applicable thereto, the considerations for granting an extension delineated in subsection (b), or was arbitrary or capricious, the developer may appeal the denial to the circuit court as provided in Virginia Code & 15.2 -2261. d. Rights attached to valid approved final site plan. For so long as the final site plan remains valid in accord with the provisions in this section, no change or amendment to any county ordinance, map, 54 Draft: 05/07/12 ATTACHMENT A resolution, rule, regulation, policy or plan adopted after the date the final site plan was approved 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 approved final 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. e. Effect of minor amendments. The developer's application for a minor amendment to the approved final site plan during its period of validity shall not constitute a waiver of the provisions of this section. The agent's approval of a minor amendment shall not extend the period of validity of the final site plan. Q 32.4.3.7, Ord. 12 -18 ( ), : & 32.4.3.8, 1 State law reference — Va. Code § 15.2 -2261. [GK: This section would incorporate the subject matter of current section 32.4.3.8, with revisions, and updates the regulations to be consistent with current state law.] Sec. 32.5 Initial site plan; form and content See, 32.5.1 Form and style of an initial site elan Each initial site plan shall comply with the following: a. Number of conies. The developer shall submit sixteen (161 clearlv legible conies in blue or black ink of the b. Scale and size. The plan shall be prepared to the scale of one (1) inch equals twenty (201 feet or to another scale approved by the agent in a particular case. No sheet shall exceed forty -two (421 inches by thirty -six (36) inches in size. The plan may be prepared on one (1) or more sheets. If prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. The top of the sheet shall be approximately either north or east. C. Dimensions. The initial site plan shall be dimensioned to at least the following standards for accuracy: 1. Boundary, setback and zoning lines: One foot in one thousand (1:1,000) feet. 2. Existing contours: One -half (%2) of the contour interval required in section 32.5.2(dl. 3. Proposed contours: Within five (5) feet horizontally and vertically. 4. Existing structures, utilities and other top features: Within five (5) feet. 5. Proposed structures. roads. narking lots and other improvements: Within five (5) feet. ( 32.4.3.7, Ord. 12 -18 (l. : & 32.5.1, 5 -1 -87 (& 32.3.5, (12 -10 -80): && 32.5.2, 32.5.3, 32.5.4, 32.5.5, 5- 1-87 tate law reference — Va. Code S& 15.2- 2241(1). 15.2 -2258. 15.2- 2286(Al(81. [GK: This section incorporates the form and style requirements of various sections, including current sections 32.5.1 and 32.5.4 (which cross - references to subsection 32.5.6(r)).] Sec. 32.5.2 Contents of the initial site plan 55 Draft: 05/07/12 ATTACHMENT A Each initial site elan shall contain the following information: a. General information. The name of the development: names of the owner. developer and individual who prepared the plan: tax map and parcel number: zoning district: descriptions of all proffers, special use permits and conditions, special exceptions and conditions: variances, application plans, codes of development and bonus factors applicable to the site: magisterial district: county and state: north point: scale: one datum reference for elevation (where section 30.3, flood hazard overlay district, is involved. United States Geological Survey vertical datum shall be shown and/or correlated to plan torso ar phvl the source of the topography: the source of the survey: sheet number and total number of sheets: names of the owners, zoning district, tax map and parcel numbers and present uses of abutting-parcels- departing lot lines: minimum setback lines, yard and building separation requirements: and boundary dimensions. b. Information regarding the proposed use. Written schedules or data as necessary to demonstrate that the site can accommodate the proposed uses, including2roposed uses and maximum acreage occupied by each use: maximum number of dwelling units by tv_ pe including the number of bedrooms for multi- family dwellings: gross residential density: square footage of recreation areas and the percentage and acreage of Open space: maximum square footage for commercial and industrial uses: maximum floor area ratio and lot coverage if industrial: maximum height of all structures: schedule of parking including the maximum amount required and the amount provided: the maximum amount of impervious cover on the site: and if a landscape plan is required, the maximum amount of paved parking and other vehicular circulation areas. C. Phase lines. If phasing is planned, phase lines and the proposed timing of development. d. Topography and proposed grading. Existing topography (up to twenty [20] percent slope, maximum five [51 foot contours, over twenty [201 percent slope, maximum ten [ 10] foot contours) for the entire site with sufficient offsite topography to describe prominent and pertinent offsite features and physical characteristics, but in no case less than fifty (5 0) feet outside of the site unless otherwise approved by the agent: proposed grading (maximum five [51 foot contours) supplemented where necessanLby spot elevations: areas of the site where existing slopes are twenty -five (25) percent or greater. e. Landscape features. The existing landscape features as described in section 32.7.9.4(cl. f. Watercourses and other bodies of water. The name and location of all watercourses and other bodies of water adjacent to or on the site: indicate whether the site is located within a reservoir watershed. g. Septic setback lines. The location of septic setback lines from watercourses including intermittent streams and other bodies of water. h. Flood plain. The one hundred y_ ear flood plain limits as shown on the official flood insurance maps for Albemarle County. i. Streets, easements and travelways. The existing and proposed streets, access easements, alley easements and rights -of -way, and travelways, together with street names, state route numbers, right- of -wa ly ines and widths, centerline radii and pavement widths. j. Existing sewer and drainage facilities. The location and size of existing water and sanitary sewer facilities and easements, storm sewer facilities, drainage channels, and drainage easements. 56 Draft: 05/07/12 ATTACHMENT A k. Proposed sewer and drainage facilities. The Droposed conceptual lav -out for water and sanitary sewer facilities and storm drainage facilities including storm detention ponds or structures, indicating the direction of flow in all pipes and watercourses with arrows. 1. Existing and proposed utilities. The location of other existing and proposed utilities and utility easements, including xisting telephone, cable electric and gas easements. M. Ingress and egress. The location of existing and proposed ingress to and egress from the property, showing the distance to the centerline of the nearest existing street intersection. n. Existing and proposed improvements. The location and dimensions of all existing and proposed improvements including buildings (maximum footprint and height l and other structures: walkways: fences: walls: trash containers: outdoor lighting: landscaped areas and open space: recreational areas and facilities: parking lots and other paved areas: loading and service areas: signs: and the proposed paving material types for all walks, parking lots and driveways. o. Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use under sections 32.7.1.1.32.7.1.2 and 32.7.1.3, and shall include a note on the plan stating that the land is to be dedicated or reserved for public use. P. Landscape plan. A landscape plan that complies with section 32.7.9, if it is required to be submitted with the initial site plan. g. Traffic generation figures. If deemed appropriate by the agent due to the intensity of the development. estimated traffic generation figures for the site based on current Virginia Department of Transportation rates: indicate the estimated number of vehicles per day and the direction of travel for all connections from the site to a Dublic street. r. Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plan. S. Additional information. The agent may require additional information to be shown on the initial site plan as deemed necessary to provide sufficient information for the agent and the site review committee to adequately review the initial site plan. (& 32.5.2, Ord. 12 -18 ( ). : & 32.5.6.5 -1- 87.2 -6 -02 (& 32.4.5. 12 -10 -80)1 State law reference — Va. Code S& 15.2-2241(l),15.2-2258, 15.2-2286(Al(81. [GK: This section would revise current section 32.5.6 to include the changes to subsection (b), the addition of subheadings, and some minor punctuation and grammatical changes.] Sec. 32.5.3 Response to information during preapplication process The application for an initial site plan shall include a response to all information for which a response was requested under section 32.4.1.4. (& 32.5.3. Ord. 12 -18 (). 1 State law reference — Va. Code && 15.2- 2241(1). 15.2 -2258. 15.2- 2286(Al(81. [GK: This section is new.] Sec. 32.5.4 Groundwater assessment information 57 Draft: 05/07/12 ATTACHMENT A The application for an initial site Dlan shall include draft groundwater management plans and aauifer testin workplans required by Code 55 17 -403 and 17 -404, as applicable. The requirements of Code 55 17 -403 and 17- 404 shall be satisfied prior to final site plan approval. (5 32.5.4, Ord. 12 -18 (). : 532.5.7, Ord. 04- 18(4), 12 -8 -04, effective 2 -8 -051 State law reference — Va. Code § 15.2 -2121. [GK: This section incorporates the subject of current section 32.5.7, with revisions.] Sec. 32.5.5 Parking structure information If the site would have a parking structure, the application shall include architectural elevations of any parking structure proposed to be established on the site and drawings, photographs or other visual materials showing the proposed parking structure and surrounding structures and land uses. (5 32.5.5, Ord. 12 -18 (), : 5 32.7.2A(a), Ord. 03- 18(1), 2 -5 -031 State law reference — Va. Code SS 15.2- 2241(1). 15.2 -2258. 15.2- 2286(A)(8). [GK: This section incorporates the subject matter of current section 32.7.2A(a), with revisions. The subject matter is moved here since it is an initial site plan application requirement.] Sec. 32.6 Final site planjorm and content Sec. 32.6.1 Form and stvle of a final site nla Each final site plan shall comply with the following: a. Authorized nrenarer. A final site plan, and any amendments to a final site plan, shall be prepared and sealed, signed and dated by an architect, professional engineer, land surveyor, or certified landscape architect, each of whom shall be licensed to practice in the Commonwealth of Virginia. b. Number of conies when first submitted. When first submitting the final site plan, the developer shall submit two (2) clearly legible copies in blue or black ink of the plan of the scale and size required by subsection (d), and one (1) reduced cop_ no larger than eleven (11) by seventeen (17) inches in size. C. Number of conies when submitted for final signature approval. When submitting the final site plan for final signature approval, the developer shall submit four (4) print copies of the plan. d. Scale and size. The plan shall be prepared to the scale of one (1) inch equals twenty (20) feet or larger or to another scale approved by the agent in a particular case. No sheet shall exceed forty -two (42) inches by thirty-six (36) inches in size. The plan may be prepared on one (11 or more sheets. If prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. The top of the sheet shall be approximately either north or east. e. Dimensions. The final site plan shall be dimensioned to at least the following standards for accuracy: 1. Boundary, setback and zoning lines: Within one one - hundredth (0.01) of a foot. 2. Existing contours: Within one -half ('/2) of the contour interval required in section 32.6.1(dl. 58 Draft: 05/07/12 ATTACHMENT A 3. Proposed contours: Within one (1) foot horizontally and vertically. 4. Snot elevations: Within one -tenth (0. 101 of a foot. 5. Existing critical structures including utilities and other topographic features: Within two (2) feet, provided that for critical structures, which include, but are not limited to gas lines other utilities, pines, conduits, walls and buildings to be preserved within one -tenth (0.10) of a foot. 6. Proposed structures, roads, parking lots and other improvements: Within one one - hundredth 0.011 of a foot. (& 32.6.1, Ord. 12-18(), : & 32.6.1, 32.6.2.32.6.4, 32.6.5, 32.6.6 (part). 5 -1 -871 State law reference — Va. Code && 15.2- 2241(1). 15.2-2258, 15 2- 2286(A)(8). [GK: This section incorporates current sections 32.6.1, 32.6.2, 32.6.4, 32.6.5 and 32.6.6(h), with revisions.] Sec. 32.6.2 Contents of the final site glan Each final site plan shall contain the following information: a. Information required on initial site plan. All of the information required to be on an initial site plan, as provided in section 32.5. b. Demonstrate compliance with chapter. Specific written schedules or notes as necessary to demonstrate that the requirements of this chapter are satisfied. C. Proposed grading. Proposed ffading (up to twenty [20] percent slope, maximum two [2] foot contours: over twenty [20] percent slope, maximum five f 51 foot contours). d. Water and sanitary sewer facilities. Detailed plans for proposed water and sanitary sewer facilities, including all pipe sizes, types and grades; proposed connections to existing or proposed centralsystems- location and dimensions of proposed easements and whether the same are to be publicly or privately_ maintained; profiles and cross sections of all water and sewer lines including clearance where lines cross; all water main locations and sizes; valves and fire hydrant locations; all sanitar sewer appurtenances by type and number; the station on the plan to conform to the station shown on the profile and indicate the too and invert elevation of each structure. e. Drainage and grading plans. Detailed construction drainage and grading plans: 1. Profiles of all ditches and channels whether proposed or existing. showing: existing and proposed grades, and invert of ditches, cross pies or utilities; typical channel cross sections for new construction: and actual cross sections for existing channels intended to remain; 2. Profiles of all storm sewer systems showing gg and proposed grate 3. Plan view of all drainage systems with all structures, pipes and channels numbered or lettered on the plan and profile views. Show sufficient dimensions and bench marks to allow field stake out of all proposed work from the boundary .lines- 4. A drainage summary table for culverts, storm sewer and channels as described in the following example: 59 Draft: 05/07/12 ATTACHMENT A Structure Description h Len Invert In Invert Out Slone Remarks Number 1 42" RCP Class III 50' 424.50 424.00 100.00% Provide 2. EW 1 2 DI -3B L =8 426.00 432.00 - - IS -1 IOR— 3 PG -2A 400' 420.00 400.00 5.00% D =12" 4 Grade Swale 200' 420.00 415.00 2.50% D =18" 5. A legend showing all symbols and abbreviations used on the plan: 6. General notes, typical sections, and details of all items not covered by Virginia Department of Transportation standard drawing 7. Flood plain limits for the one hundred year storm for all watercourses with an upstream drainage area of fifty (50) acres or more provided that the county engineer may waive this requirement for drainage areas of less than one hundred (100) acres upon determination that such information is unnecessary for review of the proposed develop -ent. f. Street sections. Tvpical street sections together with specific street sections where street cut or fill is five 51 feet or greater: centerline curve data: radius of curb returns or edge of pavement: location, tune and size of proposed ingress to and egress from the site: together with culvert size: symmetrical transition of pavement at intersection with existing street: the edge of street surface or face of curb for full length proposed street: when proposed streets intersect with or adjoin existing streets or travel -ways. both edges of existing pavement or travelwav together with curb and gutter indicated for a minimum of one hundred (100) feet or the length of connection, whichever is the greater distance. 9. Public facilities and utilities. All public facilities, utility and drainage easements outside the right -of- way of public streets are to be shown on the final site plan provided that new easements maybe generally shown and accurately dedicated by separate plat. h. Signature panel. Signature panel for signature by each member of the site review committee. i. Parking and loading areas. For all parking and loading areas, indicate the size: angle of stalls: width of aisles and specific number of spaces required and provided, and method of computation. Indicate tv_ ne of surfacing for or gravel areas. Landscape plan. A landscape plan that complies with section 32.7.9 k. Outdoor ling. Outdoor lighting information including a photometric plan and location, description, and photograph or diagram of each tune of outdoor luminaire. 1. Recreational facilities. Specifications for recreational facilities. (§ 32.6.2. Ord. 12 -18 ( ), : S 32.6.6, Ord. 98- 18(1), 8- 12 -98: 5 -1 -871 State law reference — Va. Code &S 15.2- 2241(1). 15.2 -2258. 15.2- 2286(Al(81. .1 Draft: 05/07/12 ATTACHMENT A [GK: This section incorporates the subject matter of current section 32.6.6 (excluding section 32.6.6(h)), with revisions. Current section 32.6.6(h) was moved to proposed section 32.6.1.] Sec. 32.6.3 Parking structure information If the site would have a narking structure, the application for a final site plan shall include architectural elevations of any parking structure proposed to be established on the site and drawings, photographs or other visual materials showing the proposed parking structure and surrounding structures and land uses. The elevations shall be part of the approved final site plan. (& 32.6.3, Ord. 12 -18 ( ), : & 32.7.2A(a), Ord. 03- 18(1), 2 -5 -031 State law reference — Va. Code && 15.2- 2241(1). 15.2 -2258. 15.2- 2286(Al(81. [GK: This section incorporates current section 32.7.2A(a) and places it here, since it is a final site plan application requirement (as well as an initial site plan requirement).] Sec. 32.7 Minimum standards for improvements Sec. 32.7.1 Dedications and reservations .7.1.1 Dedication of land for vehicular access, narks, schools and open space Each developer shall dedicate to the county a part of the site abutting an existing street determined to be required for vehicular access from that street and may dedicate to the counterpart of the property for parks. schools, and open space, as follows: a. No compensation ifdedication required. The board of supervisors shall not be required to compensate the developer for the land dedicated if the dedication is a gift, required by a proffer as part of a conditional rezoning, required as a condition of a special use permit, variance, or other approval, or if the need for the land is substantially generated by the development. b. How accomplished. The dedication of land shall be accomplished by a subdivision plat satisfying the requirements of chapter 14 of the Code and may be accompanied by a deed of dedication in a form and having the substance approved by the county attorney. (& 32.7.1.1, Ord. 12 -18 (), : & 32.7.1.2, 5 -1 -87 (& 32.5.17, 12 -10 -8011 State law reference — Va. Code S 15.2 - 2241(51. [GK: This section would replace part of current section 32.7.1.2 and is modeled after County Code § 14- 426.] Sec, 32.7.1.2 Reservation for future dedication of land for public use Each developer may reserve for future dedication to the counterpart of the site suitable for parks, schools. and open space, as follows: a. No compensation if dedication required. The board of supervisors shall not be required to compensate the developer for the reservation of land if the dedication is a ifg t required by proffer as part of a conditional rezoning, required as a condition of a special use permit, variance, or other approval, or if the need for the land is substantially generated by the subdivision. 61 Draft: 05/07/12 ATTACHMENT A b. Land need not be identified in comprehensive elan. Land may be reserved for Dublic use even though it is not identified in the comprehensive plan for a future Dublic use, provided the land is acceptable to the county for reservation. C. Reserved in a usable manner. The agent shall not require that land be reserved in a manner that would render it unusable to the developer if not used for the intended public purpose. d. Release of reservation. The developer may petition the board of supervisors to release a reservation if the land is not used for a public purnose. Q 32.7.1.1, Ord. 12 -18 ( ), : § 32.7.1.2, 5 -1 -87 (§ 32.5.17, 12 -10 -8011 State law reference — Va. Code & 15.2- 2241(51. [GK: This section would replace part of current section 32.7.1.2 and is modeled after County Code § 14- 427.] Sec. 32.7.1.3 Reservation of land for streets, alleys, walkways, waterways or public areas shown on official mad The agent may require a developer to reserve for future dedication to the county a part of the site suitable for streets. allevs. walkways. waterways or Dublic areas if thev are shown on an official map adopted under Virginia Code § 15.2 -2233, as follows. a. Shown on site elan. Land reserved for future dedication under this section shall be set apart on the final site plan and be identified by a note on the plat stating that the land is reserved for future dedication for public use. The land reserved shall not be developed except as provided in this section. b. Procedure when site plan submitted to develop reserved lands. When a site plan to allow the reserved land to be developed is submitted to the county, the site plan shall be reviewed and acted on as provided in section 32. If the site plan is disapproved for the sole reason that the county wants the land to be dedicated to public use, the county shall have sixty (60) days to request that the land be dedicated to public use and the dedication shall be completed within one hundred twenty (120) days after the date of disapproval. If the county has not acted within the one hundred twenty (120) day period, the site plan shall be approved provided that all other requirements of law have been satisfied. C. Release of reservation. The developer may petition the board of supervisors to release the reservation if the map is amended to remove the street, alley, walkway, waterway or public area from the lands reserved on the approved final site plan. Q 32.7.1.3, Ord. 12 -18 ( ), : § 32.7.1.3, 5 -1 -87 (§ 32.5.4, 12 -10 -8011 State law reference — Va. Code & 15.2- 2241(51. [GK: This section would replace current section 32.7.1.3, is modeled after County Code § 14 -429, and it relates to the use of an official map under Virginia Code § 15.2- 2233.1 Sec, 32.7.2 Vehicular access to site: streets, sidewalks and other pedestrian ways: narking and loading Sec, 32.7.2.1 Vehicular access to site Any vehicular access to and from a site shall comply with the following: 62 Draft: 05/07/12 ATTACHMENT A a. General. The agent may specific the number. type. location and design of all streets or travelways providing vehicular ingress to and egress from a site for the purpose of reducing or preventing congestion on offsite streets, minimizing conflicts and friction with vehicular traffic on offsite and onsite streets or travelways, minimizing conflicts with pedestrians, and providing continuous and unobstructed access for emergency purposes such as police. fire and rescue vehicles. b. Design. Each entrance onto any public street shall be designed and constructed as required by the applicable minimum standards of the Virginia Department of Transportation. Each entrance onto a public street shall be subject to approval by the Virginia Department of Transportation. Each entrance onto a private street shall be subject to approval by the county engineer. C. Principal means of access to residential development: design to avoid obstruction durinz floodin . If discharge water of a twenty -five (25) year storm could be reasonably anticipated to inundate . block. destroy or otherwise obstruct a principal means of access to a residential development, the following shall also apply: 1. The principal means of access shall be designed and constructed so as to provide unobstructed access at the time of flooding; and/or 2. An alternative means of access which is not subject to inundation, blockage, destruction or obstruction, and which is accessible from each dwelling unit within the development shall be constructed. (§ 32.7.2.1, Ord. 12 -18 ( ). : && 32.7.2. 5- 1- 87.32.7.2.1.5 -1 -87 (& 32.5.8.01.7 -15- 81).32.7.2.3 (5 -1- 871.32.7.2.4.5- 1- 87.32.7.3.5 -1 -871 [GK: This section would replace current sections 32.7.2, 32.7.2.1, and 32.7.2.3, as well as section 32.7.3, which is a "principal means of access" regulation; subsection (a) incorporates current section 32.7.2, with the language revised and reorganized; subsection (b) is current sections 32.7.2.1 (entrances) and 32.7.3 (principal means of access), with the references to the actors updated; since the standard for all entrances (32.7.2.1) would apply to the principal means of access (32.7.3) as well, it makes sense to state the requirement once, here; subsection (c) is current section incorporates the subject matter of section 32.7.2.3, but uses the language of County Code § 14- 410(f)(1) and (2) which is more current; subsection (d) would incorporate the provisions of current section 32.7.2.4.] Sec. 32.7.2.2 Streets and travelways composing the internal road network Streets and travelways within a development shall be subject to the following: a. Minimum design. Each street and travelway within a development shall be designed and constructed to the minimum standards of the Virginia Department of Transportation for public streets or the minimum standards for private streets in chanter 14 of the Code. b. Geometric design. The agent may vary street geometric design standards as provided under section 32.3.5 for public local, collector and minor loop streets, provided that: 1. Approval for modification is obtained from the Virginia Department of Transportation where applicable: 63 Draft: 05/07/12 ATTACHMENT A 2. Off - street Darkine spaces are provided to compensate for the loss of on- street narking due to modification of geometric design standards: and 3. The developer shall be responsible for the placing of "no parking" signs on all travel lanes. driveways or streets to prohibit parking on such roads or driveways. Where turnarounds are used under this modification, if the right -of -way radius is fifty (50) feet and the Waved radius is forty (401 feet, the developer shall install "no parking" signs for the complete circle where those signs are required by the agent. If the right -of -way radius is increased to sixty (60) feet and the paved radius is increased to fifty (50) feet, parking on the turnaround may be permitted. c. Turnarounds. All turnarounds shall have a turnine radius in accordance with aDDlicable Virginia Department of Transportation standards. In the case of any private street, the agent may require at least one sign of a type approved by the county engineer be posted-giving notice that the street is not a through street. d. Coordination. All streets within a development shall be coordinated as to location, width, grades and drainage with other public streets, as follows: (i) by coordinating with existing or planned streets within the general area of the subdivision, including but not limited to existing or future acent subdivisions or developments, or subdivisions or developments contiguous to such adiacent subdivisions: and (iil by continuing the streets to planned, existing, or platted streets into adjoining areas by dedication or reservation of right of way adequate to accommodate continuation of the streets. e. Extension. All streets within a development shall be extended and constructed to the abuttingTIoperty lines to provide vehicular and pedestrian interconnections to future development on adjoining lands. terminating within the development with a temporary turnaround. The arrangement of the streets shall provide adequate access to adjoining lands within the development where necessary to provide for the orderly development of the county including, but not limited to, reserving temporary construction easements of sufficient area to accommodate the future completion of the street when the adjoining lands are developed. (§ 32.7.2.2, Ord. 12 -18 (l. : &§ 32.7.2.5. 5 -1 -87 (& 32.5.7. 12 -10 -80), 32.7.3.1, 5 -1 -87 (§ 32.5.6, 12 -10- 80), 32.7.3.2, 5 -1 -87 (& 32.5.9, 12 -10 -80) State law reference — Va. Code S& 15.2- 2241(2), 15.2- 2241(4). 15.2- 2242(31. [GK: Subsection (a) requires that public streets within a site be designed and constructed to VDOT standards; private streets be designed and constructed to County standards as provided in the Subdivision Ordinance; subsection (b) incorporates current section 32.7.3.1; subsection (c) incorporates current section 32.7.3.2, using the current term "turnaround" and deleting the 49- dwelling unit cap; subsections (d) and (e) incorporate the subject matter of current section 32.7.2.5, but uses the language of County Code § 14- 409(A) and (B).] Sec, 32.7.2.3 Sidewalks and other pedestrian ways Sidewalks and pedestrian ways shall be provided as follows: a. Sidewalks along streets. The agent may require sidewalks on one or both sides of streets in residential developments of a proposed density of two (2) or more dwelling units per acre and in commercial and industrial developments whenever determined that the same are reasonably necessary to protect the public health, safety and welfare. All sidewalks along streets, including all ramps for persons with mobilitimpairments, shall be desi�ed and constructed to the standards of the Virginia Department of Transportation. 64 Draft: 05/07/12 ATTACHMENT A b. Other sidewalks and pedestrian walkways. The anent may reauire sidewalks and pedestrian walkways which will enable pedestrians to walk safely and conveniently between buildings on the site and from the site to adjacent property and, where appropriate, to onsite private areas of recreation and open space and offsite public areas of recreation and open space such as schools, parks, gardens and areas of similar nature. All sidewalks and pedestrian walkways that may be required by this subsection shall be designed and constructed to the standards established in the design standards manual, provided that all ramps for persons with mobility impairments shall be designed and constructed to the standards of the Virginia Department of Transportation. C. Interconnectivity. The agent may require that a sidewalk or other pedestrian way connect to existing sidewalks, walkways and bicycle ways on abutting parcels. Q 32.7.3.3, Ord. 12 -18 ( ). : & 32.7.2.8.5 -1 -87 (& 32.5.19. 12 -10 -801 State law reference —Va. Code && 15.2 - 2201.2241(4). 15.2- 2242(31. 15.2 -2280. [GK: This section incorporates the provisions of current section 32.7.2.8, reorganized and updated.] Sec. 32.7.2.4 Parking On -site parking shall be subject to the following: a. Design and construction. On -site parking and internal circulation shall be designed and constructed as provided in section 4.12. b. Parking structures. In addition to all other requirements, each parking structure shall be subject to the following: 1. The developer shall submit drawings, photographs or other visual materials showing the proposed parking structure and surrounding structures (if any exist) -and land uses. 2. Mechanical equipment or other utility hardware on the roof, ground, or building shall be screened from public view to the reasonable satisfaction of the agent with materials harmonious with the building or shall be located so as not to be visible from public view. 3. Air handlers shall be located so that emissions are directed away from any adjoining residential development. 4. The structure shall be designed so that the light from all vehicle headlights and all lighting fixtures will not routinely shine directly outside the structure. (& 32.7.3.4, Ord. 12 -18 (). : && 32.7.2.7.5 -1 -87, 32.7.2A (Ord. 03- 18(1).2 -5 -031 State law reference — Va. Code && 15.2- 2241(3), 15.2- 2241(4). 15.2 -2280. [GK: This section incorporates the subject matter of current sections 32.7.2.7 and 32.7.2A; subsection (a) revises the text of current section 32.7.2.7 to merely cross - reference section 4.12; subsection (b) incorporates the text of section 32.7.2A, with the exception that former subsection 32.7.2A(a) pertaining to site plan submittal requirements, was moved to sections 32.5.5 and 32.6.3] Sec, 32.7.4 Water and soil protection C" Draft: 05/07/12 ATTACHMENT A See, 32.7.4.1 Erosion and sediment control, stormwater management, and other water regulations: water pollution; soil characteristics Each site plan shall comply with the following: a. Erosion and sediment control. stormwater management and other water regulations. Each site plan shall comply with all applicable requirements of chanter 17 of the Code. b. Water pollution. In addition to the provisions of section 4.14 of this chapter and other applicable law . each site plan shall provide for minimizing the pollution of downstream watercourses and groundwater where such measures are deemed warranted by the county engineer due to the peculiar character of a particular use. In determining what measures, if any, are warranted, the county engineer shall consider the character of the proposed use including, but not limited to, whether petroleum products. pesticides, poisons, synthetic organic compounds or other substances would be stored or used which, if improperly stored or inadvertently discharged, may reasonably be anticipated to pollute surface water or groundwater. This provision shall not apply to residential development. C. Soil characteristics. In the review of site plans, the site review committee shall refer to the U. S. Department of Natural Resource Conservation Service, Soil Survey of Albemarle County. Vir ig August. 1985 in commenting as to soil suitability for the intended development and, in particular. Table 10 Building Site Development, Table 12 Construction Materials. and Table 16 Soil and Water Features. If soils are rated as "poor" or "severely limited" for an intended use, or where high seasonal water table and/or hydrologic group D soils are encountered, the site review committee shall notify the agent these conditions and provide recommendations for special design measures. (§ 32.7.4.1.Ord. 12 -18 (). ; & 32.7.4. 5 -1 -87 (& 32.5.13. 12 -10 -80); & 32.7.4.1.5 -1 -87 (& 32.5.13. 12- 10 -80); & 32.7.4.2. 5 -1 -87; & 32.7.4.3. (& 32.5.14. 12 -10 -80); & 32.7.4.4. 5 -1 -871 State law reference —Va. Code && 10.1 -560 et sea.. 10.1 -603.2 et sea.. 10.1-2108,15.2-2241(3). [GK: This section would replace and consolidate the subject matter in current sections 32.7.4 through 32.7.4.4, with revisions.] Sec. 32.7.4.2 Easements for facilities for stormwater management and drainage contro The agent shall require each developer to establish easements for facilities for stormwater management and drainage control, as follows: a. Easements required. The following easements shall be required: 1. An easement for all stormwater management facilities and drainage control improvements located on the site shall be established whenever the improvement is desigxled and/or constructed beyond a street right -of -way or access easement, and shall extend from all drainage outfalls to an adequate channel as defined in 4 VAC § 50 -30 -10 that satisfies the minimum standards in 4 VAC & 50 -30- 40(19) to the boundary of the site. 2. An easement along any natural stream or man -made waterway located on the site. b. Area of easement. The area of each easement shall be sufficient, as determined by the county engineer. to: (i) accommodate the facilities and the drainage characteristics from each drainage outfall from a drainage control; and (ii) allow access to a natural stream or man -made waterway to allow widening .. Draft: 05/07/12 ATTACHMENT A deepening, relocating improving, or protecting the natural stream or man -made waterway for drainage purposes. C. Right of ingress and egress. Each easement shall include the right of ingress and egress for installation maintenance. operation, repair and reconstruction of any improvement within the easement. The agent also may require that an easement be provided through abutting land under the same ownership as the property. d. Compensation not required. The board of supervisors shall not be required to compensate the developer for any easement or any improvements thereon. e. Not considered part ofstreet width. No easement shall be considered part of any required street width. Q 32.7.4.2, Ord. 12 -18 ( ). ) State law reference — Va. Code & 15.2- 2241(31. [GK: This proposed section is new, intended to fill a gap in the regulations, and is based on County Code § 14 -431.] Sec. 32.7.5 Water, sewer and other utilities Sec, 32.7.5.1 Water supply and sewer syste The water supply and sewer system serving a development shall comply with the following: a. Whether a public or private water sully and sewer system required. Whether the developer shall install or construct a public or private water supply and sewer sv_ stem shall be determined under section 4.1 of this chapter. b. Public water supply and sewer system: minimum standards. All public water and sewer facilities required to be constructed to serve the development shall be designed and constructed to at least the minimum standards of the Albemarle County Service Authority. The water supply also shall satisfy the minimum requirements of section 32.7.6(a) to provide fire protection. To assure that public water and sewer service is available to abutting = parcels that would rely on those systems, the agent y require the developer to construct the water and sewer facilities to the boundary lines of the development with abutting lands. Sewer facilities constructed to the boundary lines of abutting lands shall be constructed at a depth and location that allows gravity sewers to provide service to the developable land draining towards the sewer. C. Private water supply and sewer system; minimum standards. All private water and sewer facilities shall be designed and constructed to at least the minimum standards of the Virginia Department of Health and be approved by the Health Director. The water sUply also shall satisfy the minimum requirements of section 32.7.6(bl to provide fire protection. Q 32.7.5.1, Ord. 12 -18 (l. : && 32.7.5.32.7.5.1.5 -1 -87. 1 -3 -96: § 32.7.5.3.5 -1 -871 State law reference — Va. Code & 15.2- 2241(31. 15.2 - 2241(41. [GK: This section consolidates current sections 32.7.5.1 and 32.7.5.3, and updates with a cross- reference to section 4.1 in the Water and Sewer ZTA.] Sec, 32.7.5.2 Location of utilities above and below ground 67 Draft: 05/07/12 ATTACHMENT A All utilities. including but not limited to wires. cables. nines. conduits and appurtenant eauipment for electricit gas, water, sewer, telephone or similar service, shall be located within a site as follows: a. Each utility shall be located, to the extent practicable, in a manner that conforms to the natural topography. minimizes the disturbance of critical slopes and natural drainage areas, and allows vehicular and pedestrian interconnections within the site and existing or future development on adjoining lands. b. All new utilities shall be located underground except the following, which may be located above- ground: (i) electric transmission lines and facilities: (ii) equipment, including electric distribution transformers, switch gear, meter pedestals, telephone pedestals, outdoor lighting poles or standards. radio antennae and associated equipment, which is, under accepted utility practices, normally installed above - ground: (iii) meters, service connections, and similar equipment normally attached to the outside wall of a utility customer's premises: and (iv) satellite dishes. C. If it is necessary to locate a new or existing public utility within the right -of -way of a public street. the developer shall first obtain a permit from the Virginia Department of Transportation. d. Installation of utilities in or adjacent to the right -of -way shall not preclude the installation of street trees or required landscaping. e. If the developer requests a variation or exception under section 32.3.5, the agent shall consider whether the requirement would unreasonably impact the existing above -ground electrical network so that extensive off -site improvements are necessary. In approving a variation or exception, the agent shall find, in addition to the required findings under section 32.3.5, that requiring � grounding would not forward the purposes of this chapter or otherwise serve the public interest and that granting the variation or exception would not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto. Q 32.7.5.2, Ord. 12 -18 ( ), ) State law reference — Va. Code & 15.2- 2241(41. [GK: This section is new, intended to till a gap in the regulations, and is based on County Code § 14 -420.] Sec. 32.7.5.3 Dedication of public water and sewer facilities The agent shall require each developer to dedicate to the Albemarle County Service Authority for public use all water and sewerage facilities designed, constructed and approved to be dedicated as public water supply and public sewage systems, and to establish an easement on the land appurtenant thereto and extending to o any_ abutting property identified b the he agent, if the facilities are required by this chapter, as follows: a. The board of supervisors and the service authority shall not be required to compensate the developer for the dedicated facilities or the establishment of the easement. b. The facilities to be dedicated and the easement to be established shall be set apart on the final site plan and shall be identified by a note on the plan stating that the facilities are dedicated to, and the easement is established for, the service authority. Q 32.7.5.3, Ord. 12 -18 ( ), 1 State law reference — Va. Code & 15.2- 2241(5). W: Draft: 05/07/12 ATTACHMENT A [GK: This section is new, intended to fill a gap in the regulations, and is based on County Code § 14 -430.] See. 32.7.5.4 Easements for cable television and public service corporations The agent may require a developer to convey_, where appropriate, common or shared easements to franchised cable television operators furnishing cable television and public service corporations furnishing cable television gas, telephone and electric service to the site, as follows: a. The location of each easement shall be adequate for use by franchised cable television operators and public service corporations which may be expected to occupy them. b. Each easement shall include the right of ingress and egress for installation, maintenance, operation repair and reconstruction of any improvement within the easement. The agent also may require that an easement be provided through abutting land under the same ownership as the property. C. The easement shall be conveyed by reference on the final site plan to a declaration of the terms and conditions of the common easements. (§ 32.7.5.3, Ord. 12 -18 O, 1 State law reference — Va. Code & 15.2- 2241(61. [GK: This section is new, intended to fill a gap in the regulations, and is based on County Code § 14 -432.] Sec. 32.7.6 Fire protection Fire protection shall be provided as follows: a. Public water reasonably available. Where public water is reasonably available: 1. Verification of capability. Prior to final site plan approval, the Albemarle County Service Authority and the division of fire rescue shall verify that adequate capability exists to provide adequate fire protection to serve the site, including required fire flows, together with all other developments to be served by he s. sy tem• 2. Required improvements. Fire hydrants and distribution systems shall be installed and constructed by the developer. Hydrant locations and fire flow requirements shall be as prescribed by Insurance Service Offices (ISO) standards and shall be subject to approval by the division of fire rescue, provided that if the standards of the Albemarle County Service Authority_ are heater than the ISO standards, then the standards of the Albemarle County Service Authority shall apply. b. Public water not reasonably available. Where public water is not reasonably available, the division of fire rescue may require the improvements and alternative provisions it deems reasonably necessary to provide adequate fire protection to serve the site. Q 32.7.6, Ord. 12 -18 (), : § 32.7.6.1, (§ 32.5.18, 12- 10- 1980)) State law reference — Va. Code & 15.2- 2241(31. [GK: This section would reorganize and update references in current section 32.7.6.11 .• Draft: 05/07/12 ATTACHMENT A Sec, 32.7.7 Recreation Recreational areas shall be provided as provided in section 4.16. (8 32.7.7, Ord. 12 -18 ( ). : § 32.7.7.1. 5 -1 -871 State law reference — Va. Code § 15.2 - 2241(31 Sec. 32.7.8 Signs and outdoor lighting Signs and outdoor lighting shall be provided as follows: a. Signs. All signs shall comply with the requirements o£ and shall be subject to approval as provided in section 4.15. b. Outdoor lighting. All outdoor lighting shall comply with the requirements of section 4.17. (8 32.7.8, Ord. 12 -18 (). : §§ 32.7.8.1.32.7.8.2.5 -1 -871 State law reference — Va. Code § 15.2 - 2241(31 Sec. 32.7.9 Landscaping and screening Sec. 32.7.9.1 Purposes The purposes for requiring landscaping and screening as part of a development are to: a. Insure development which is consistent with the goals of the comprehensive plan related to natural resources and with the plan's environmental and land use standards: b. Promote the public health, safety and welfare• C. Conserve energy by providing shade and wind breaks: d. Provide pervious area which helps to reduce the quantity of stormwater and to recharge groundwater: e. Improve air quality £ Minimize noise, dust and glare: 9. Promote traffic safety by controlling views and defining circulation patterns: h. Protect and preserve the appearance, character and value of the neigbbboring properties: and i. Protect the unique features which could otherwise be irretrievably lost due to careless site design by judiciously implementing section 32 in such a way so as not to prohibit development. (§ 32.7.9.1, Ord. 12 -18 ( ), ; § 32.7.9, (§ 32.8.1, 7- 10 -85); § 32.7.9.4 (last ID, 5 -1 -87 (32.8.2.4, 7- 10 -85) State law reference — Va. Code §§ 15.2- 2241(3), 15.2 -2280, 15.2- 2286(A)(6). 70 Draft: 05/07/12 ATTACHMENT A [GK: This is the text that is currently found in section 32.7.9, with the introductory sentence revised and with "runoff' in subsection (d) changed to "stormwater," which has a broader meaning under the WPO; subsection (g) is a new purpose; subsection (i) is moved from the last paragraph of current section 32.7.9.4 because it doesn't belong there, reworded the paragraph and changed "amenities" to "features ".] Sec. 32.7.9.2 Submittal of landscape plan. timing A landscape plan shall be submitted as follows: a. Prior to final site plan approval. A landscape Dlan shall be submitted to the agent prior to final site plan approval, unless it is required to be submitted prior to initial plan approval as provided in subsections borc. b. Prior to initial site plan approval: impervious area exceeds 80 %. A landscape plan shall be submitted to the agent prior to initial site plan approval if the impervious coverage of the site exceeds gighty (80 %1 of the gross area of the site or if the site is within an entrance corridor overlay district. C. Prior to initial site plan approval: special site conditions. A landscape plan shall be submitted to the agent prior to initial site plan approval if the agent determines review of the plan at that time is warranted because of unusual circumstances, conditions of the site, or the character of the proposed use. (§ 32.7.9.2, Ord. 12 -18 ( ), ; § 32.7.9.1, 5 -1 -87) State law reference — Va. Code §§ 15.2- 2241(3), 15.2 -2280, 15.2- 2286(A)(6). [GK: This is the text that is currently found in section 32.7.9.1, reorganized.] Sec. 32.7.9.3 Review and action on landscape ley agent The agent shall review and act on a landscape plan as follows: a. Review. The agent shall review the landscape plan for compliance with all requirements of section 32.7.9, and shall make a good faith effort to identify all deficiencies, if any, during review of the plan. The agent shall consider the comments from other agencies before approving the plan, including the Virginia Department of Transportation and the Albemarle County Service Authority. b. Action. If the agent determines that the landscape plan complies with all requirements of section 32.7.9. he shall approve the plan and promptly issue a letter to the developer stating so. If the agent determines that the plan does not comply with all requirements of section 32.7.9, he shall disapprove the plan and promptly inform the developer of the disapproval. The agent shall act on the landscape plan prior to final site plan approval. A notice of disapproval shall state the reasons for disapproval by identifying the landscape plan's deficiencies and citing �pplicable sections of section 32.7.9 and what corrections or modifications will permit approval of the plan. The agent shall notify the developer or his or her agent of the disapproval in writing by first class mail, personal delivery, or, if consented to by the developer in writing, by fax or email. 71 Draft: 05/07/12 ATTACHMENT A C. Authority ofagent in BBroving a landscape plan. In approving a landscape plan, the agent may require the following: 1. Bonding. The agent may require that landscaping be bonded as provided in section 32.8. 2. Preservation of features. The agent may require that any or all features shown on a landscape plan be preserved upon determining after a site inspection that the features contribute significantly to the character of the Albemarle County landscape and that the preservation of those features is necessary to satisfy the purpose and intent of this chapter. & 32.7.9.3, Ord. 12 -18 ( ), : & 32.7.9.2, 5 -1 -87 ( && 32.8.2.5, 32.8.2.6, 32.8.2.7, 7 -10 -85): & 32.7.9.4 (penultimate ¶l, 7- 10 -85: 5 -1 -87: Ord. 01- 18(6), 10 -3 -01) State law reference — Va. Code && 15.2- 2241(3). 15.2-2280, 15 2- 2286(A)(6). [GK: This section would generally incorporate what is currently found in section 32.7.9.2, reorganized and made more consistent with other revised language in this draft ordinance. The bonding provisions are revised to cross - reference section 32.8. Note that two sentences from current section 32.7.9.2 were moved to proposed section 32.7.9.9: in the first paragraph of current section 32.7.9.2(b), the sentence "All landscaping shall be installed by the first planting season following the issuance of a certificate of occupancy" because it pertains to the required timing of landscaping installation. In the third paragraph of that section, the sentence "Thereafter, landscaping shall be maintained in a healthy condition by the current owner or property owners' association, and replaced when necessary. Replacement material shall conform to the original landscape plan" is also moved because it pertains to the maintenance of the landscaping. Moving those requirements out of the bonding paragraphs is logical and will make them easier to find. Paragraph (c)(2) is moved from the penultimate paragraph in current section 32.7.9.4 because it doesn't belong there.] Sec. 32.7.9.4 Contents of a landscape plan Each landscape plan shall contain the following information: a. Pronosed plant materials. The landscape Dlan shall show the location. size and tv )e of all proposed plant materials. The types of plant materials may be identified by using�generic terms such as large or medium shade tree, screening tree, screening shrub, or street shrub. The required plant materials shall be chosen from a recommended species list approved by the agent. b. Existing trees: preservation in lieu of new plant materials. Existing trees may be preserved in lieu of planting new materials in order to satisfy the landscaping and screening requirements of section 32.7.9. subject to the agent's approval. In such a case: 1. Areas and other features shown on landscape plan. The landscape plan shall show the trees to be preserved, the limits of clearing, the location and type of protective fencing, grade changes requiring tree wells or walls, and trenching or tunneling proposed beyond the limits of clearing_. 2. Conservation checklist. The aDDlicant shall sign a conservation checklist aDDroved by the agent to insure that the specified trees will be protected during construction. Except as otherwise expressl approved by agent in a particular case, such checklist shall conform to specifications contained in the Virginia Erosion and Sediment Control Handbook, pages III -393 through III -413, and as hereafter amended. 72 Draft: 05/07/12 ATTACHMENT A C. Existing landscape features. The landscape plan shall show the existing landscape features on the site, which shall include: 1. Wooded areas. All wooded areas. identifying whether thev are composed of evergreen deciduous, or a mix of type, and showing the location of the tree line: 2. Small groups of trees and individual trees. Small groups of trees and individual trees of six (6) inch caliper or greater, or ornamental trees of any size, identified by common name and approximate caliper and showing their location: 3. Natural features. Natural features which distinguish the site, such as prominent ridge lines, rock outcroppings or water features: 4. Man -made features. Man -made features of local, historic or scenic importance: and 5. Scenic vistas. Scenic vistas across the site from a public street. d. Verification of compliance. The landscape plan shall verif y that it satisfies the minimum landscaping and screening requirements of section 32. & 32.7.9.4, Ord. 12 -18 ( 1. : & 32.7.9.4.5 -1 -87 ( && 32.8.2.2.32.8.2.3.32.8.2.4.7- 10- 85).Ord. 01- 18(6). 10 -3 -01) [GK: This section would amend and reorganize current section 32.7.9.4. Subsection (a) is the same as current subsection 32.7.9.4(a) in all material respects other than deleting the sentence regarding substitution of plant materials, which would be covered by proposed section 32.3.5 pertaining to variations and exceptions, and moving the verification of compliance to subsection (d); subsection (b)(2) is the same as current subsection 32.7.9.4(b), slightly reorganized; subsection (c) is the same as current subsection 32.7.9.4(b), slightly reorganized; subsection (d) is pulled from current section 32.7.9.4(a), which pertains to proposed plant materials, because it has broader application than just proposed plant materials. Also, the penultimate paragraph of current section 32.7.9.4, which deals with the authority of the agent to require that certain features be preserved, would be moved to proposed section 32.7.9.3, which pertains to the agent's approval of the site plan, and the last paragraph of current section 32.7.9.4, which is a statement of the purpose of the landscape plan regulations, would be moved to section 32.7.9.1.] [GK: Regarding the following sections: Current sections 32.7.9.5, 32.7.9.6 and 32.7.9.6 have been reorganized. For example, requirements in the current regulations for landscaping along streets are found in all three current sections; a new section would be added pertaining to the standards for installing and maintaining landscaping, which assembles requirements found in current section 32.7.9.5(b) and two other key and fundamental requirements that are currently located in the bonding provisions in current section 32.7.9.2(b).] Sec. 32.7.9.5 Landscaping along streets The minimum landscaping standards along streets are as follows: a. When street trees required. Street trees shall be required along existing or proposed streets in any_ development subject to section 32. 73 Draft: 05/07/12 ATTACHMENT A b. Street tree species. Street trees shall be selected from a current list of recommended large shade trees approved y the agent. Medium shade trees may be substituted, subject to the approval of the agent when site conditions warrant smaller trees. C. Minimum caliper ofstreet trees. Larne street trees shall be one and one -half (1 '' /2) inches to one and three - quarters (1 3/4) inches minimum caliper (measured six [6] inches above ground level) when )anted. Medium street trees shall be one (1) inch to one and one - quarter (1 1/4 ) inches minimum caliper when planted. d. Spacing ofstreet trees. Street trees shall be planted with even spacing in a row within the public street right -of -way or adjacent to the public street right -of -way if not permitted therein by the Virginia Department of Transportation, and within the private street right -of -way. One (1) large street tree shall be required for every fifty (50) feet of street frontage, or portion thereof, if twenty -five (25) feet or more. Where permitted. one (1) medium shade tree shall be required for every forty (40) feet of road frontage, or portion thereof_ if twenty (20) feet or more. e. Location ofstreet trees fronting on narking area. Street trees shall be planted along the public street frontage which abuts a parking area on the site. The trees shall be planted between the street right -of- way and the parking area, within the parking setback. If required street trees cannot be planted within the parking setback or within ten (10) feet of the street right -of -way due to sight distance, utility easements or other conflicting requirements, then the planting strip shall be enlarged to accommodate the trees. If this requirement creates a hardship by causing the relocation of required parking spaces then the additional planting area may be counted toward the interior landscaping requirement. f. Shrubs alongaublic streets. When a parking area is located such that the parked cars will be visible from an off -site street, the agent y require additional planting of low street shrubs between the street and the parking area, subject to the following: 1. Minimum size ofshrubs. Shrubs shall be a minimum of twelve (12) inches in height when lam 2. Spacing ofshrubs. The shrubs shall be in a single row planted five (5) feet on center. 3. Alternatives. The agent may authorize different landscaping designed to minimize the visual impact of the parking area. (& 32.7.9.5. Ord. 12 -18 ( ). : §§ 32.7.9.5. 32.7.9.6, 32.7.9.7. 5 -1 -87 ( && 32.8.3.1. 32.8.3.2, 32.8.4.1. 32.8.4.3, 32.8.5.1(b), 7- 10 -85). 6 -20 -90 (& 32.7.9.5(b)). Ord. 01- 18(6). 10 -3 -01) State law reference — Va. Code && 15.2- 2241(3). 15.2 -2280. 15.2- 2286(Al(61. [GK: Subsection (a) is current section 32.7.9.6(a), with further revisions to incorporate provisions from the draft Urban Development Areas ( "UDA ") ZTA; the provision allowing a waiver in the current regulation is deleted because it is already covered in section 32.3.5; subsection (b) is current section 32.7.9.6(b), with minor changes; the provision allowing a waiver in the current regulation is deleted because it is already covered in section 32.3.5; subsection (c) is current section 32.7.9.5(a); subsection (d) is current section 32.7.9.6(c), with further revisions to incorporate the UDA ZTA; the provision allowing a waiver in the current regulation is deleted because it is already covered in section 32.3.5; subsection (e) is current section 32.7.9.7(a), which pertains to the location of street trees between streets and parking areas; subsection (f) is primarily from current section 32.7.9.7(c), which pertains to plantings between a parking area and a street; paragraph (f)(1) is from the second paragraph of current section 32.7.9.5(a).] 74 Draft: 05/07/12 ATTACHMENT A Sec, 32.7.9.6 Landscaping within a al a area The minimum landscaping standards for each narking area having five (5) or more narking spaces are as follows: a. Minimum area. An area of at least five (5) percent of the paved parking and vehicular circulation area shall be landscaped with trees or shrubs. Neither the areas of street trees and shrubs required by sections 32.7.9.5(e) and (fl nor shrubs planted between a parking area and a building on the site shall be counted toward the minimum area landscaped area for a parking area b. Types of plant materials. The plant materials may be a mixture of shade trees and shrubs and shall include one (1) large or medium shade tree per ten (10) parking spaces or portion thereof, if five L51 spaces or more. The shade trees shall be selected from a current list of recommended large shade trees approved by the agent or other species approved by the agent and the agent may allow trees smaller than medium shade trees to be planted when site conditions warrant smaller trees. C. Minimum caliper ofstreet trees. Large street trees shall be one and one -half (1 %) inches to one and three - quarters (1 3/4) inches minimum caliper (measured six [61 inches above ground level) when planted. Medium street trees shall be one (1) inch to one and one - quarter (1 '/4 ) inches minimum caliper when planted. d. Spacing. The plant materials shall be located in reasonably dispersed planting islands within the parking area or abutting areas. (& 32.7.9.6, Ord. 12 -18 ( ). : & 32.7.9.6.32.7.9.7.5 -1 -87 ( §§ 32.8.3.1.32.8.4.2, 32.8.5.1(b) and (cl. 7-10-85), Ord. 01-18(6), 10-3 -011 State law reference —Va. Code SS 15.2 - 2241(3). 15.2 -2280. 15.2- 2286(Al(61. [GK: Subsection (a) is the first sentence of current section 32.7.9.7(b) and the second paragraph of section 32.7.9.7(c), consolidated, with minor revisions; subsection (b) is the second sentence of current section 32.7.9.7(b) and borrows the species list from section 32.7.9.5 to clarify; subsection (c) borrows the minimum caliper standards from section 32.7.9.5 to clarify; subsection (d) is the last sentence of current section 32.7.9.7(b) with "perimeter" changed to "abutting ".] Sec. 32.7.9.7 Screening The minimum landscaping standards for required screening are as follows: a. When required. Screening shall be required in the following circumstances: 1. Commercial and industrial uses shall be screened from adjacent residential and rural areas districts. 2. Parking areas consisting of four (4) spaces or more shall be screened from adjacent residential and rural areas districts. 3. Objectionable features including,, but not limited to, the following shall be screened from adjacent residential and rural areas districts and public streets: (i) loading areas: (ii) refuse areas: (iii) storage yards: (iv) detention ponds: and (v) recreational facilities determined to be of objectionable character b the he agent other than children's play areas where visibili is necessary or passive recreation areas where visibility is desirable. 75 Draft: 05/07/12 ATTACHMENT A 4. Double frontage residential lots shall be screened between the rear of the residences and the public right -of -way when deemed necessary by the agent. 5. The agent may require screening of any use, or portion thereof, upon determining that the use would otherwise have a negative visual impact on a property listed on the Vir inia Historic Landmarks Register. b. Tvnes ofscreeninQ permitted. Screening shall consist of a planting strip. existing vegetation. a sliahtl opaque wall or fence, or combination thereof, to the reasonable satisfaction of the agent. C. Minimum sizes ofnlant materials. Evergreen trees shall be a minimum four (4) feet in height when planted. Shrubs shall be a minimum eighteen (18) inches in height when planted. d. Minimum depth and spacing requirements for a planting strip or existing vegetation. If only a planting strip or existing vegetation is provided as screening, the planting strip or the existing vegetation shall not be less than twenty (20) feet in depth. If a planting strip is provided, the plant materials shall consist of a double staggered row of evergreen trees planted fifteen (15) feet on center, or a double staggered row of evergreen shrubs planted ten (10) feet on center. or an alternative vegetative screening = approved by the agent. e. Minimum height of fence or wall: supplemental plant materials. Each fence or wall is provided as screening, it shall be a minimum of six (6) feet in height and plantings may be required at intervals along the fence or wall. (& 32.7.9.7, Ord. 12 -18 ( ). : && 32 .7.9.5.32.7.9.7.32.7.9.8.5 -1 -87 ( && 32.8.3.1, 32.8.5.1, 32.8. 7- 10 -85) , Ord. 01- 18(6). 10 -3 -011 State law reference — Va. Code && 15.2- 2241(3). 15.2 -2280. 15.2- 2286(Al(61. [GK: Subsection (a) is current section 32.7.9.8(c), with minor modifications; subsection (b) is the first sentence of current section 32.7.9.7(a); subsection (c) is the second paragraph of current section 32.7.9.5(a)(1); the last sentence of current section 32.7.9.5(a), pertaining to the size of street shrubs, was moved to proposed section 32.7.9.5(f) because it belongs there; in subsection (c), changed the reference to the minimum heights in the current regulations from 114 to 5" feet, and shrubs of "18 to 30" inches to specific minimums; subsection (d) is composed of the second, third and fourth sentences of current section 32.7.9.7(a); subsection (e) is the last sentence of current section 32.7.9.7(a). Also note: current subsection 32.7.9.8(b), pertaining to the screening of parking areas from streets not being counted toward the 5 %, was moved to section 32.7.9.6 to be with the other similar provisions.] Sec. 32.7.9.8 Tree canopy The minimum standards for a tree canopy on each site are as follows: a. Composition of tree canopy. The tree canopy required by this section shall be composed of all areas of the site that would be covered by trees and other plant material exceeding five (5) feet in height at a maturity of ten (10) years after planting. The trees and plant materials composing the tree canopy are those required to be planted under sections 32.7.9.5. 32.7.9.6 and 32.7.9.7, the existing trees preserved under section 32.7.9.4(b), and all additional trees selected from a recommended species list approved bv_ the agent that are planted in order to satisfy the minimum tree canopy coverage required by subsection K. 76 Draft: 05/07/12 ATTACHMENT A b. Minimum tree canovv. Each site shall have a tree canopv coverinL, the minimum percentage of the site as follows: 1. Site to be developed for commercial or industrial uses: Ten (10) percent. 2. Site to be developed for residential uses at a Bross density of twenty (20) dwelling units per acre: Ten (101 percent. 3. Site to be developed for residential uses at a gross density of more than ten (10) but less than twenty (20) dwelling units per acre: Fifteen (15) percent. 4. Site to be developed for residential uses at a gross density of ten (10) dwelling units or less per acre: Twenty (20) percent. 5. Site to be developed for a mixture of residential and commercial or industrial uses: percent. C. Calculating the area of the site. For the p=oses of calculating the area of the site to determine the minimum tree canopy area under subsection (b), the area of the site shall be its gross acreage less, at the option of the developer, one or more of the following: 1. Farm land or other areas devoid of wooded areas on June 20 1990. 2. Recreation areas required under section 4.16. 3. Open space areas required under section 4.7. 4. Land dedicated to public use. 5. Playing fields and recreation areas provided at schools, day care centers, and other similar uses. 6. Ponds or lakes determined by the agent to be a desirable open space amenity. 7. Areas required to preserve wetlands, flood plain or other areas required to be maintained in a natural state by this chapter or other applicable law. 8. Other areas approved b the he agent under section 32.3.5. d. Deductions cumulative. The deductions allowed by subsection (c) are cumulative but shall not be duplicative. e. Canopy bonus. Where existing trees are maintained, a canopy bonus shall be granted as follows: 1. The area of canopy shall be calculated at ten (10) years of additional maturity; 2. The resultant area shall be multiplied by a factor of 1.25. (& 32.7.9.8, Ord. 12 -18 ( ), : & 32.7.9.9, 6 -20 -901 State law reference — Va. Code &S 15.2- 2241(3). 15.2 -2280. 15.2- 2286(Al(61. [GK: Subsection (a) is current section 32.7.9.9(a), with updated cross - references; subsection (b) is current section 32.7.9.9(b), with minor language changes (use first, percentage second) and a proposed paragraph 77 Draft: 05/07/12 ATTACHMENT A (b)(5) to deal with mixed uses; subsection (c) is current section 32.7.9.9(c) with minor language changes; subsection (d) is the last paragraph of current section 32.7.9.9(c) with minor language changes.] 32.7.9.9 Installation and maintenance of required landscaping and screening All landscaping and screening required by section 32.7.9 shall be installed and maintained as follows: a. Timing of installation. All landscaping shall be installed by the first planting season following the issuance of a certificate of occupancy. b. Method of installation. All trees to be planted shall meet the specifications of the American Association of Nurserymen. The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nurserymen's Association. the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation. Planting islands shall contain a minimum of fifty (50) square feet per tree, with a minimum dimension of five (5) feet in order to protect the landscaping and allow for proper growth. Wheel stops, curbing or other barriers shall be provided to prevent damage to landscaping by vehicles. Where necessary, trees shall be welled or otherwise protected against change of grade. All pervious areas of the site shall be permanently protected from soil erosion with grass or other ground cover or mulch material. C. Maintenance and replacement of plant material. Landscaping and screening shall be maintained in a healthy condition by the current owner or a property owners' association, and replaced when necessary. Replacement material shall comply with the approved landscape plan. d. Maintenance oftrees ifsite not under single ownership. In the case of development with units for sale, the trees shall be maintained by a property owner's association. Prior to final site plan approval. the developer shall submit to the agent an instrument assuring the perpetual maintenance of the trees. The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so that it may be recorded in the office of the clerk of the circuit court of the county. The agent may require that the instrument be on a form prepared by the county attorney. e. Maintenance ofstreet trees planted within a public street right -of -way. If street trees are planted within the public street right -of -way, the trees shall be maintained in accordance with the requirements of the Virginia Department of Transportation. (§ 32.7.9.9. Ord. 12 -18 32.7.9.2, 32.7.9.5, 32.7.9.6, 5 -1 -87 ( §§ 32.8.2.6, 32.8.2.7. 32.8.4.4.7 -10 -85)1 State law reference — Va. Code && 15.2- 2241(3). 15.2 -2280. 15.2- 2286(Al(61. [GK: Subsection (a) is current section 32.7.9.2(b); subsection (b) is part of current section 32.7.9.5(b); subsection (c) is current section 32.7.9.2(b), with minor changes; subsection (d) is current section 32.7.9.6(d), revised, with some concepts from County Code § 14 -317 included; subsection (e) is from the draft UDA ZTA.] Sec, 32.8 Completion of on -site improvements and surety [GK: Note that the completion and bonding requirements for subdivision plats (Virginia Code §§ 15.2- 2241(5) and 15.2 -2245) apply to site plans as well (Virginia Code § 15.2- 2246), so current section 32.3.7 is moved here, and section 32.8 is based on the applicable state law and County Code §§ 14 -434 through 14- 440.] 78 Draft: 05/07/12 ATTACHMENT A Sec. 32.8.1 Completion of on -site improvements required prior to final site plan approval Except as provided in section 32.8.2, all on -site improvements required by section 32.7 shall be completed prior to approval of the final site plan. Prior to approval of the final site plan. a. Certification regarding all completed improvements. The developer shall submit to the agent a certificate of completion of all of the improvements prepared by a professional engineer or a land surveyor, to the limits of his license: and b. Certification ofnavment. The developer shall certify to the agent that all of the construction costs for the improvements, including those for materials and labor, have been paid to the person constructing the improvements. (§ 32.8.1, Ord. 12 -18 ( ), 1 State law reference — Va. Code §_§ 15.2 - 2241(5„ 15.2 - 2241(2), 15.2 -2255. [GK: This section would fill in a regulatory gap and is based on County Code § 14 -434.] Sec, 32.8.2 Agreement and surety Prior to approval of the site Dlan. the developer shall enter into an agreement with the countv to complete the construction of all improvements required by sections 32.7.1 through 32.7.8, and section 32.7.9 within a period of time agreed to by the parties, as follows: a. TvTe ofsurety permitted. form and amount. The developer shall furnish to the agent a certified check, bond with surety satisfactory to the county, a letter of credit satisfactory to the county, or collaterally assign funds in a manner satisfactory to the county, in an amount sufficient for and conditioned upon the construction of the improvements. The form of the agreement and the type of surety guarantee shall be acceptable to the county engineer and be approved by the county attorney. b. Estimate. The developer shall submit a request for a bond estimate to the county engineer. The county engineer shall prepare a cost estimate of all improvements, based upon unit prices for new public or private sector construction in the county, and a reasonable allowance for estimated administrative costs . including inspection fees required by section 35.1, inflation, and potential damage to existing streets or utilities, which shall not exceed ten (10) percent of the estimated construction costs. C. Use ofsurety. The county may make use of the certified check or call on the bond with surety, letter of credit, or collaterally assigned funds if either: (i) the developer fails to timely renew the bond with surety; letter of credit, or the collaterally assigned funds: or (ii) the county engineer, in his discretion, determines that any of the improvements have not been completed in a timely manner and the completion of the improvements is deemed necessary to protect the public health, safety or eg neral welfare. 32.8.2, Ord. 12 -18 (l, : & 32.3.7. 5 -1 -87 (§ 32.5.2, 12- 10 -80)) State law reference — Va. Code §§ 15.2- 2241(5). 15.2- 2241(9). 15.2 -2255. [GK: This section incorporates the requirements of current section 32.3.7 and its structure is modeled after County Code § 14 -435. The introductory paragraph still leaves bonding for landscaping an option of the agent so, once again, consider whether staff wants to recommend that bonding for landscaping be 79 Draft: 05/07/12 ATTACHMENT A eliminated even as an option.] Sec. 32.8.3 Release of surety A bond, escrow, letter of credit or other required shall be released as follows: a. Partial releases. generally. Upon written reauest by the developer, agent shall make Deriodic Dartial releases of the surety as provided in Virginia Code & 15.2 -2245. b. Request for partial or final release: response. Within thirty (30) days after receipt of a written notice by the developer of completion of Dart or all of any improvements required to be constructed by this chapter, the agent shall respond in writing to the developer in one of the following ways: (i) grant the partial or final release, if the applicable state agency, county department, or any applicable authority or other entity has accepted the improvements: or (ii) inform the developer that the improvement has not been accepted by the applicable state agency, county department, authority or other entity and/or identify any pecified defects or deficiencies in construction and suggested corrective measures. C. Failure to respond to request. If the agent fails to take action within the thirty (30) day period. the request of the developer shall be deemed approved and a partial release shall be granted to the developer. No final release shall be granted until after expiration of the thirty (30) day period and there is an additional request in writing sent by certified mail by the developer to the county executive. The agent shall act within fourteen (14) days of receipt of this request by the county executive. If agent fails to take action on the request within ten (10) working days of receipt of the request, it shall be deemed approved and final release shall be granted to the developer. d. Final release. Upon final completion and acceptance or approval of the improvements and upon receipt from the developer of a certification of final completion from a professional engineer, land surveyor, or the county engineer, the agent shall release any remaining surety to the developer. A public improvement shall be deemed to be accepted when it is accepted by and taken over for operation and maintenance by the county, an authority, or a state agency or department responsible for maintaining and operating the improvement. A private improvement shall be deemed to be approved when the agent determines that the improvements are completed. (& 32.8.4, Ord. 12 -18 ( ), 1 State law reference — Va. Code && 15.2- 2241(9). 15.2 -2245. 15.2 -2255. [GK: This section is new and its structure is modeled after County Code § 14 -436.1 See, 32.8.4 Effect of acceptance or approval of improvements Nothing in this chapter, including the approval of a final site plan, shall obligate the county, authority, state agency or department, or any other public body to accept and take over for operation and maintenance any_ improvements completed by a developer required by this chapter. Acceptance or approval of an improvement shall be made only if the improvement satisfies all applicable statutes, regulations, ordinances, guidelines and design and construction standards for acceptance or approval of the improvement, upon completion of inspections as provided in section 32.8.5. (& 32.8.5, Ord. 12 -18 ( ), : & 32.3.6, 5 -1 -87 (& 32.5.23, 12 -10 -801 State law reference — Va. Code § 15.2 -2255. [GK: This section incorporates the provisions of current section 32.3.6 and its structure is modeled after 80 Draft: 05/07/12 ATTACHMENT A County Code § 14 -4371 Sec. 32.8.5 Inspections: right of entry Improvements required by section 32.7 shall be inspected as follows: a. Application deemed consent. The submittal of an initial site elan by a developer shall constitute consent by the developer to all officers and employees of the county, the service authority and any other authority, and any state department or agency, responsible for the administration and enforcement of this chapter, to enter upon the site at all reasonable times for the purpose of making periodic inspections related to the review of the initial or final site plan for compliance with this chapter. b. Notice prior to request for inspection. Each developer shall notify the zoning administrator when each stage of the development is ready for inspection. C. Scope of inspections. Any inspection of public improvements shall be conducted solely to determine compliance with the requirements and specifications provided by law and the approved design plan. (& 32.8.6, Ord. 12 -18 ( ), : & 32.3.4. 5 -1 -87 (& 32.6.4, 12 -10 -80) State law reference — Va. Code § 15.2 -2255 [GK: This section incorporates the provisions of current section 32.3.4 and its structure is modeled after County Code § 14 -4381 See, 32.8.7 Improvements completed at expense of developer: excepfion All improvements required by section 32.7 shall be completed at the expense of the developer, except where the developer and the county, or any authority, state agency or department, or any other public body_ , enter into a cost - sharing or reimbursement agreement prior to final site plan approval. (& 32.8.7, Ord. 12 -18 ( ), : & 32.3.5, 5 -1 -87 (& 32.5.1, 12 -10 -80) State law reference — Va. Code § 15.2 -2255. [GK: This section incorporates the provisions of current section 32.3.4 and its structure is modeled after County Code § 14 -4391 I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Ave Nay Mr. Boyd Mr. Dumler Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors 81 Draft: 05/07/12 ATTACHMENT A 82