§ 5000. Plan of development process.

Any development, or any redevelopment exceeding two thousand five hundred (2,500) square feet of land disturbance shall be accomplished through a plan of development process prior to any development preparation activities onsite, such as clearing or grading of the site and the issuance of any building permit, to assure compliance of all applicable requirements of this ordinance. Modifications to the required buffer may require a plan of development, as determined by the zoning administrator.

(a)

Required information. .....In addition to the requirements of County Zoning Ordinance or the requirements of the County Subdivision Ordinance, the plan of development process shall consist of the plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the zoning administrator. The zoning administrator may determine that some of the following information is unnecessary due to the scope and nature of the proposed development.

The following plans or studies shall be submitted, unless otherwise provided for:

1.

A plot plan or site plan in accordance with the provisions of County Zoning Ordinance or subdivision plat in accordance with the provisions of the County Subdivision Ordinance;

2.

An environmental site assessment;

3.

A landscaping plan;

4.

A stormwater management plan in accordance with Chapter 14A of the County Code;

5.

An erosion and sediment control plan in accordance with the provisions of Chapter 6 of the County Code.

(b)

Environmental site assessment. .....An environmental site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval.

1.

The environmental site assessment shall be drawn to scale and clearly delineate the environmental components identified in subsection 3000(b) of this ordinance.

2.

Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987, as may be amended.

3.

The environmental site assessment shall delineate the geographic extent of the Resource Protection Area on the specific site or parcel as required under section 3001 of this ordinance;

4.

The environmental site assessment shall be drawn at 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 may be waived by the zoning administrator when the proposed use or development will be clearly located outside of an RPA, based upon an evaluation of the zoning administrator.

(c)

Landscape plan. .....A landscape 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 landscape plan.

Landscape plans shall be prepared and/or certified by a design professional practicing within their areas of competence as prescribed by the Code of Virginia.

1.

Contents of the plan.

a.

The landscape plan shall be drawn to scale and clearly delineate the location, size, and description of existing and proposed plant material. All existing trees on the site eight (8) inches or greater diameter at breast height (DBH) shall be shown on the landscaping plan, or where there are groups of trees, said stands may be outlined instead. The specific number of trees eight (8) 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.

b.

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 ordinance, shall be shown on the landscaping plan.

c.

Within the buffer area, trees and other woody vegetation to be removed for reasonable sight lines, vistas, access paths, and best management practices, as provided for in subsection 4002(b)1.a., shall be shown on the plan. Vegetation required by this ordinance to replace any existing trees within the buffer area shall be also be depicted on the landscape plan.

d.

Trees and other woody vegetation to be removed for shoreline stabilization projects and any replacement vegetation required by this ordinance shall be shown on the landscape plan.

e.

The plan shall depict grade changes or other work adjacent to trees that would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved.

f.

The landscape plan will include specifications for the protection of existing trees and other vegetation during clearing, grading, and all phases of construction.

g.

If the proposed development is a change in use from agricultural or silvilcultural to some other use, the plan must demonstrate the re-establishment of vegetation in the buffer area.

2.

Plant specifications.

a.

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.

b.

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.

c.

Where areas to be preserved, as designated on an approved landscaping plan, are encroached, replacement of existing trees and other vegetation shall be achieved with a ratio of three (3) planted trees to each tree removed in accordance with good woodlot management. Replacement trees shall be two (2) inches DBH at the time of planting.

d.

Use of native or indigenous species is strongly encouraged.

3.

Maintenance.

a.

The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this ordinance.

b.

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 ordinance.

(d)

Stormwater management plan. .....A stormwater management plan shall be submitted as part of the plan of development process required by this ordinance and in conjunction with site plan or subdivision plan approval in accordance with the provisions of Chapter 14A of the County Code.

1.

For phased projects, an updated stormwater management plan shall be provided for each phase to the county planning and zoning department demonstrating the project's stormwater management facilities are still meeting the pollutant removal standards of the original WQIA. Updated stormwater management plans shall be required until all phases of the project are complete.

(e)

Erosion and sediment control plan. .....An erosion and sediment control plan shall be submitted that satisfies the requirements of this ordinance and in accordance with Chapter 6 of the County Code, in conjunction with plot plan, site plan or subdivision plan approval.

(f)

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 the County Zoning Ordinance.

1.

Final plans for all lands within CBPAs shall include the following additional information:

a.

The delineation of the Resource Protection Area boundary, including the one hundred-foot buffer component;

b.

Plat or plan note stating that no land disturbance is allowed in the buffer area without review and approval by the zoning administrator;

c.

All wetlands permits required by law;

d.

A maintenance agreement as deemed necessary and appropriate by the zoning administrator and/or the stormwater division to ensure proper maintenance of best management practices in order to continue their functions.

2.

Installation and bonding requirements.

a.

Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no certificate of occupancy shall be issued until the installation of required plant material or facilities is completed in accordance with the approved site plan.

b.

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 county attorney 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 as determined by the zoning administrator.

c.

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.

d.

After all required actions of the approved site plan have 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 zoning administrator, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within sixty (60) days following receipt of the applicant's request for final inspection. The zoning administrator may require a certificate of substantial completion from a professional engineer or Class III B surveyor before making a final inspection.

(g)

Administrative responsibility. .....Administration of the plan of development process shall be in accordance with the County Zoning Ordinance or the County Subdivision Ordinance. The zoning administrator shall approve, approve subject to conditions, or disapprove the plans in accordance with the reviewing authorities' recommendations. The zoning administrator shall return notification of plan review results to the applicant, including recommended conditions or modifications. In the event that the results and/or recommended conditions or modifications are acceptable to the applicant, the plan shall be so modified, if required, and approved.

(h)

Denial of plan, appeal of conditions or modifications. .....In the event 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 planning commission within sixty (60) days of the administrative decision to be appealed. The planning commission shall make a recommendation to the board of supervisors. The final decision on an appeal shall be made by the board of supervisors.

In preparing to recommend to grant or deny 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 ordinance. If the planning commission finds that the applicant's plan does not meet the above stated criteria, they shall recommend denial of the plan. (8-21-06; 4-16-15; 6-15-17.)