§ 90-669. Plan of development process.
Any development or redevelopment exceeding 2,500 square feet of land disturbance shall be accomplished through a plan of development process prior to any development preparation activities on site, such as clearing or grading of the site and the issuance of any building permit, to assure compliance of all applicable requirements of this article.
(1)
Required information. In addition to the requirements of section 90-824, Site plan required, the plan of development process shall consist of the plans and studies identified in this section. These required plans and studies may be coordinated or combined, as deemed appropriate by the planning director or his designee for the county. The following plans or studies shall be submitted, unless otherwise provided for:
a.
A site plan in accordance with section 90-824;
b.
An environmental site assessment;
c.
A landscaping plan;
d.
A stormwater management plan;
e.
An erosion and sediment control plan in accordance with the provisions of sections 38-31—38-65, the erosion and sediment control ordinance of the county.
(2)
Environmental site assessment. An environmental site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval.
a.
The environmental site assessment shall be drawn to scale at 1"=100' or the same scale as the preliminary site plan or subdivision plat and shall clearly delineate the following environmental features:
1.
Tidal wetlands;
2.
Tidal shores;
3.
Nontidal wetlands connected by surface flow and contiguous to tidal wetlands, or water bodies with perennial flow;
4.
A 100-foot buffer located adjacent to and landward of the components listed in subsections a. through d. above, and along both sides of any water body with perennial flow;
5.
Other sensitive environmental features as determined by the planning director or his designee for the county.
b.
Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1986.
c.
The environmental site assessment shall delineate the geographic extent of the resource protection area on the specific site or parcel.
d.
The environmental site assessment shall be drawn at 1"=100' or the same scale as the preliminary site plan or subdivision plat, and shall be certified as complete and accurate by a professional engineer or a certified land surveyor. This requirement for certification by an engineer or surveyor may be waived by the planning director or his designee for the county, when the proposed use or development would result in less than 5,000 square feet of disturbed area.
(3)
Landscaping plan. A landscaping plan shall be submitted in conjunction with site plan review and approval or as part of subdivision plat approval. No clearing or grading of any lot or parcel will be permitted without an approved landscaping plan. Landscaping plans shall be prepared and/or certified by a design professional practicing within his areas of competence as prescribed by the Code of Virginia.
a.
Contents of the plan.
1.
The landscaping plan shall be drawn to scale at 1"=100' or the same scale as the preliminary site plan or subdivision plat, and shall clearly delineate the location, size, and description of existing and proposed plant materials. All existing trees on the site six inches or greater in diameter at breast height (DBH) shall be shown on the landscaping plan, or where there are groups of trees, such stands may be outlined instead. The specific number of trees six inches or greater DBH to be preserved outside of the building envelope shall be indicated on the plan. Trees and other woody vegetation proposed to be removed to create the desired construction footprint shall be clearly delineated on the landscaping plan.
2.
Any required RPA buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this article, shall be shown on the landscaping plan.
3.
Within the buffer area, trees and other woody vegetation to be removed for sight lines, vistas, access paths, and best management practices, as provided for in subsection (c)(1)a of this section, shall be shown on the plan. Vegetation required by this article to replace any existing trees within the buffer area shall also be depicted on the landscaping plan.
4.
Trees and other woody vegetation to be removed for shoreline stabilization projects and any replacement vegetation required by this article shall be shown on the landscaping plan.
5.
The plan shall depict grade changes or other work adjacent to trees that would adversely affect them. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved.
6.
The landscaping plan will include specifications for the protection of existing trees and other vegetation during clearing, grading, and all phases of construction.
7.
If the proposed development is a change in use from agricultural or silvicultural to some other use, the plan must demonstrate the reestablishment of vegetation in the buffer area.
b.
Plant specifications.
1.
All plant materials necessary to supplement the buffer area or vegetated areas outside the construction footprint shall be installed according to standard planting practices and procedures.
2.
All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen.
3.
Where areas to be preserved, as designated on an approved landscaping plan, are encroached, replacement of existing trees and other vegetation will be achieved at a three planted trees to one removed. Replacement trees shall be a minimum one and one-half inches DBH at the time of planting.
4.
Use of native or indigenous species.
c.
Maintenance.
1.
The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this article.
2.
In buffer areas and areas outside the construction footprint, plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season, as required by the provisions of this article.
(4)
Stormwater management plan. A stormwater management plan shall be submitted as part of the plan of development process required by this article and in conjunction with site plan or subdivision plan approval.
a.
Contents of the plan. The stormwater management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions, explanations, and citations to supporting references as appropriate to communicate the information required by this article. At a minimum, the stormwater management plan must contain the following:
1.
Location and design of all planned stormwater control devices;
2.
Procedures for implementing nonstructural stormwater control practices and techniques;
3.
Pre- and post-development nonpoint source pollutant loadings with supporting documentation of all utilized coefficients and calculations;
4.
For facilities, verification of structural soundness, and certification by a professional engineer.
b.
Designed site facilities. Site specific facilities shall be designed for the ultimate development of the contributing watershed based on zoning, comprehensive plans, local public facility master plans, or other similar planning documents.
c.
Calculations. All engineering calculations must be performed in accordance with the procedures outlined in the current edition of the Virginia Stormwater Management Handbook.
d.
Schedule established. The plan shall establish a schedule for inspection and maintenance of stormwater management facilities that includes all maintenance requirements and persons responsible for performing maintenance. If the designated maintenance responsibility is with a party other than the county, then a maintenance agreement shall be executed between the responsible party and the county.
(5)
Erosion and sediment control plan. An erosion and sediment control plan shall be submitted that satisfies the requirements of this article and is in accordance with sections 38-31—38-65, the county's erosion and sediment control ordinance, in conjunction with site plan or subdivision plan approval.
(6)
Final plan. Final plans for property within CBPAs shall be final plats for land to be subdivided or site plans for land not to be subdivided as required in section 90-824.
a.
Generally. Final plans for all lands within CBPAs shall include the following additional information:
1.
The delineation of the resource protection area boundary, including the 100-foot buffer component;
2.
Plat or plan note stating that no land disturbance is allowed in the buffer area without review and approval by the planning director or his designee for the county;
3.
All wetlands permits required by law;
4.
A maintenance agreement as deemed necessary and appropriate by the planning director or his designee for the county to ensure proper maintenance by the owner of record of best management practices in order to continue their functions.
b.
Installation and bonding requirements.
1.
Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no final certificate of occupancy shall be issued until the installation of the required plant materials or facilities is completed in accordance with the approved site plan.
2.
When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the county a form of surety satisfactory to the planning director or his designee for the county in an amount equal to the remaining plant materials, related materials, or installation costs of the required landscaping or facilities and/or maintenance costs for any required stormwater management facilities.
3.
All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy, or the surety may be forfeited to the county.
4.
All required stormwater management facilities or other specifications shall be installed and approved within 18 months of project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the county. The county may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held.
5.
After all required action of the approved site plan has been completed, the applicant must submit a written request for final inspection. If the requirements of the approved plan have been completed to the satisfaction of the planning director or his designee for the county, such unexpended or un-obligated portion of the surety held shall be refunded to the applicant or terminated within 60 days following receipt of the applicant's request for final inspection. The planning director or his designee may require a certificate of substantial completion from a professional engineer or class III B surveyor before making a final inspection.
(7)
Administrative responsibility. Administration of the plan of development process shall be in accordance with section 90-824. The county shall approve, approve subject to conditions, or disapprove the plans in accordance with the reviewing authorities' recommendations. The planning director or his designee shall return notification of plan review results to the applicant, including recommended conditions or modifications. If the results and/or recommended conditions or modifications are acceptable to the applicant, the plan shall be so modified, if required, and approved.
(8)
Denial of plan, appeal of conditions or modifications. If the final plan or any component of the plan of development process is disapproved or recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the county planning commission. In granting or denying an appeal, the planning commission must find such plan to be in accordance with all applicable ordinances and include necessary elements to mitigate any detrimental impact on water quality and upon adjacent property and the surrounding area, or such plan meets the purpose and intent of the performance standards in this article. If the planning commission finds that the applicant's plan does not meet the above stated criteria, it shall deny approval of the plan.
(Ord. of 8-10-2004, § 17-539)
(Ord. of 8-10-2004, § 17-539)