A.
There is a mutual responsibility between the County of Mathews and
the developer to develop the land in an orderly and environmentally
compatible manner.
B.
The purpose is to encourage innovative and creative design and facilitate
use of the most advantageous techniques in the development of land
in Mathews County, and to insure the efficient use of land and resources
and to promote high standards in the layout, design, landscaping and
construction of development.
Site development plans shall be required for the construction
of any building or structure on any land in the County and shall be
subject to review and approval per the items of this article and Chapter,
except that the provisions of this article shall not apply to:
A.
Single-family dwellings, two-family dwellings, individual manufactured
homes and accessory buildings and structures to single-family dwellings,
two-family dwellings and individual manufactured homes.
B.
Individual private piers, docks, boat ramps, boat houses, hunting
blinds, other private recreation facilities, shoreline stabilization
structures, tennis courts, swimming pools, and other buildings or
structures normally accessory to permitted principal residential,
recreational or conservation uses that may or may not be situated
on a lot having a single-family dwelling, two-family dwelling or individual
manufactured home.
C.
A subdivision for single-family dwellings and/or individual manufactured
homes (excluding manufactured home parks, which shall submit a site
plan per the terms of Article 17) where a site development plan has
been submitted and approved in accordance with the existing subdivision,
erosion and sediment control and other land development ordinances
of the County and the standards of the Virginia Departments of Transportation
and Health.
[Amended 4-11-2023]
D.
Wayside and roadside stands; signs.
E.
Any farming, horticultural, silvicultural or forestal activity.
F.
Any individual home occupation, general retail business or professional
office or activity and their accessory buildings containing less than
5,000 square feet in floor space. (Newly constructed developments
containing two or more businesses and all businesses providing fuel
service to the motoring public shall submit a site plan per the terms
of Article 17 regardless of the square footage of each proposed business
within the development or the business providing the fuel service.)
Every site development plan, as hereafter provided, shall contain
the following information:
A.
Location of tract or parcel by vicinity map at a scale of not less
than one inch equals 2,000 feet, and landmarks sufficient to properly
identify the location of the property.
B.
A boundary survey of the proposed site or a certified copy of a previously
recorded survey. If a boundary survey is required, a certificate or
plat signed by the engineer or surveyor setting forth the source and
title of the owner of the tract and the place of record of the last
instrument in the chain of title.
C.
Existing and proposed streets and easements, their names, numbers
and widths; existing and proposed utilities of all types; water courses
and their names; owners, zoning and present use of adjoining tracts.
D.
Location, type and size of ingress and egress to the site.
E.
Location, type, size, floor area, number of floors and height of
all structures; fencing, screening, and retaining walls where required
under the provision of applicable ordinances; and proposed general
use for each building; if a multifamily residential building, townhouse
or patio house, the number, size and type of dwelling units shall
be shown.
F.
All off-street parking and parking bays, loading spaces and walkways
indicating type of surfacing, size, angle of stalls, width of aisles
and a specific schedule showing the number of parking spaces provided
and the number required in accordance with this chapter.
G.
All shoreline alteration, including dredging, filling, and bulkheading
as approved by the appropriate local, state and federal regulatory
agencies and commissions. Provision for disposition of spoils. Provision
for the prevention of saltwater intrusion. Provision for preservation
of the ecology of the area and prevention of damage to the groundwater
supply.
H.
Existing and proposed water and sanitary sewer facilities indicating
all pipe sizes, types, and grades and where connection is to be made
to an existing or a proposed central water and sewer system.
I.
Provision for the adequate disposition of natural and stormwater
in accordance with design criteria and construction standards of the
Commonwealth of Virginia and/or Mathews County in effect at the time
the site plan is submitted indicating location, sizes, types and grades
of ditches, catch basins and pipes, and connections to existing drainage
system.
J.
Provisions and schedule for the adequate control of erosion and sedimentation
indicating proposed temporary and permanent control practices and
measures which shall be implemented during all phases of clearing,
grading and construction in keeping with the requirements of the Soil
Erosion and Sediment Control Ordinance of Mathews County.[1]
K.
As applicable, existing topography and finished grading in conformance
with the Mathews County Erosion and Sediment Control Ordinance and
Virginia Department of Transportation standards.
L.
All dimensions shown per standard surveying industry practices.
M.
If required by this chapter or the Zoning Administrator per terms
of this chapter, a landscape design plan.
N.
Provisions for firefighting services and facilities, including emergency
services, if deemed appropriate.
A.
The site plan or any portion thereof shall be prepared by persons
qualified to do such work.
B.
The site plan shall show the name and address of the owner or developer,
magisterial district, County, state, North point, date, and scale
of drawing and number of sheets. In addition it shall reserve a blank
space four inches by four inches in size on the plan face for the
use of the approving authority.
C.
The site plan may be prepared on one or more sheets drawn to a scale
noted thereon. If prepared on more than one sheet, match lines shall
clearly indicate where the several sheets join. Six clearly legible
copies of a site development plan shall be filed with the agent for
Mathews County.
D.
Profile shall be submitted for all sanitary and storm sewers, streets
and curbs adjacent thereto, and other utilities and shall be submitted
on standard profile sheets. Special studies as required may be submitted
on standard cross-section paper and shall have a scale approved by
the Zoning Administrator. No sheet size shall exceed 42 inches. Floodplain
limit studies required shall be shown on all profile sheets with reference
to properties affected and center line of stream.
E.
In addition to the information required on site development plans by § 175-17.3 and above, the following specific items shall also be shown on all site development plans if applicable:
(1)
Right-of-way line, center lines, departing lot lines, lot numbers,
subdivision limits, limits of construction and building locations.
(2)
Center line curve data, including delta radius arc and chord
and tangent.
(3)
Radius of all curb returns to face of curb and on streets where
curb and gutter are not required indicate radius to edge of bituminous
treatment.
(4)
The edge of proposed street surface or the face of curb as the
case may be for full length of all streets.
(5)
The width of rights-of-way, and all easements and the width
of surface or distance between curb faces and relation to center line.
Easements and rights-of-way of all utilities shall be clearly defined
for the purpose intended, and whether they are to be publicly or privately
maintained.
(6)
When proposed streets intersect with or adjoin existing streets
or travel ways, both edges of existing pavement surface or curb and
gutter must be indicated for a minimum of 100 feet or the length of
connection, whichever is the greater distance.
(7)
Existing and proposed drainage easements and the direction of
drainage flow in streets, storm sewers, streams and sub drainage,
etc.
(8)
All water mains, sizes, valves, fire hydrant locations.
(9)
All sanitary or septic tank systems and storm sewers and appurtenances,
identifying appurtenances by type and number; the station on the plan
must conform to the station shown on the profile. Indicate the top
and invert elevation of each structure.
(10)
The contributing drainage area in acres (statistically). Show
all culvert, pipe curb inlets and other entrances exclusive of driveway
pipes.
(11)
Floodplain limits which shall be established by current FIA
maps, soil survey and/or engineering methods.
(12)
The location of all streams or drainage ways related to the
street construction as proposed by the developer and proposed drainage
ditches or stream relocation. Easements shall not be considered part
of the street right-of-way. Furnish detail typical drainage section
and type of stabilization to be provided.
(13)
The location of all drainage pipe and paved roadside ditches
to be installed.
(14)
Location of no-through street signs where required on cul-de-sac
streets or temporary cul-de-sac streets.
(15)
The proper drive-way entrance type, computed culvert size and/or
Virginia Department of Transportation design designation.
(16)
Provision at ends of curb and gutter for erosion control.
(17)
Typical street sections to be used.
(18)
Symmetrical transition of pavement at intersection with existing
streets.
(19)
Connection to proposed Virginia Department of Transportation
construction when necessary.
(20)
A minimum of one datum references for elevations used on plans
and profiles and correlate, where practical, to U.S. Geological Survey
datum.
(21)
Any necessary notes that may be required to explain the intent
and purposes of specific items on the plan or profile.
A.
All improvements required by this article shall be installed at the
cost of the developer. Where cost sharing or reimbursement agreements
between the County of Mathews and the developer are appropriate, the
same shall be recognized by formal written agreement prior to site
development plan approval, and shall be subject to the Virginia Department
of Transportation review and acceptance. Where specifications have
been established either by the Virginia Department of Transportation
for streets, etc., or by this chapter for related facilities and utilities,
such specifications shall be followed. The developer's performance
bond shall not be released until construction has been inspected and
accepted by the County and the Virginia Department of Transportation.
B.
Prior to approval of any site plan, there shall be executed by the
owner or developer an agreement to construct required physical improvements
located within public rights-of-way or easements or connected to any
public facility, together with a bond with surety approved by the
governing body in the amount of the estimated cost of the required
physical improvements as determined by the agent for Mathews County.
The agreement and bond or condition shall provide for the completion
of all work within a time specified to be determined by the agent.
C.
Lot sizes and densities for residential areas shall conform to the
Zoning Ordinance in effect for the County of Mathews at the time of
filing of the site development plan.
D.
Condominium and common wall house projects of all types shall indicate
on the plat those areas reserved for rental purposes and those areas
reserved for sale purposes. All common wall housing projects where
programmed for sale purposes shall be required to submit a subdivision
plat showing all lots as required Subdivision Ordinance of Mathews
County.[1]
E.
Where the adopted Comprehensive Plan for Mathews County indicates
a proposed right-of-way greater than that existing along the boundaries
of the site development plan, such additional right-of-way shall be
dedicated for public use when the plan is approved. Where a site development
plan is presented on public streets of less than 50 feet in width,
additional right-of-way shall be required so that the public street
or right-of-way shall be a minimum of 25 feet from the existing centerline
if so required to meet the standards and criteria of the Virginia
Department of Transportation. All building setbacks shall be measured
from the additional dedicated right-of-way.
F.
All accessway, street and highway construction standards and geometric
design, including, but not limited to, right-of-way, width, surface
treatment and drainage, shall be in accord with those specified in
the Subdivision Ordinance of Mathews County for all single-family
subdivisions under the purview of the Subdivision Ordinance.[2] All accessway geometric design for all other permitted
uses and developments shall be in accord with those specified by the
Virginia Department of Transportation as based upon the estimated
vehicle trips per day for the proposed use, project or development.
G.
The pavement of vehicular traffic lanes or driveways designed to
permit vehicular travel on the site and to and from adjacent property
and parking areas shall be not less than 25 feet in width.
(1)
On any site bordering a primary highway in the state highway
system, the developer, in lieu of providing travel lanes, parking
areas and adjacent property, may dedicate where necessary for such
roads. In such event, the setback requirement shall be no greater
if the service road is dedicated than the setback required without
the dedication, except in no instance shall a building be constructed
closer than 20 feet from the nearest right-of-way.
(2)
Upon satisfactory completion, inspection and only upon application
by the developer, the County shall take the necessary steps to have
such service road accepted by the Virginia Department of Transportation
for maintenance.
H.
Where pipe stem residential lots are used in a site development plan,
the width of the pipe stem (driveway) shall not be less than 25 feet.
J.
Parking bays shall be constructed to the same construction standard
as the appurtenant public street to which the parking bay abuts and
be of a dustless surface. This requirement shall apply also to interior
travel lanes or driveways. Every parking bay shall be so designed
that no vehicle when parked will overhang property lines, sidewalks
or moving travel lanes, public or private.
K.
Where geometric design standards are modified from those required in the Subdivision Ordinance of Mathews County as set forth in Subsection F above, 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.
L.
Adequate easements shall be provided for drainage and all utilities.
Minimum easement width shall be 15 feet. Where multiple structures
or pipes are installed or the edge of the easements do not follow
the established lot lines, the nearest edge of any easement shall
be a minimum of five feet from any building.
M.
Adequate drainage for the disposition of storm and natural waters
both on and off-site shall be provided. The extent and nature of both
on-site and off-site treatment is to be determined by the developer
in conference with the agent for Mathews County.
O.
Adequate provision shall be made by the developer for all utilities,
both on and off-site. Design requirements shall be established by
the developer in conference with the agent for Mathews County.
(1)
Percolation tests and/or other methods of soil evaluation deemed
necessary by the Health Department shall be the responsibility of
the developer.
(2)
When a central water and/or sewer service system or district
having sufficient capacity, either existing or proposed, is within
a reasonable distance of the area of the site development plan, provisions
shall be made to connect to the system(s); however, nothing herein
shall either obligate the County of Mathews to establish a new or
expand an existing Sanitary District or other public service district
nor prohibit the County from charging the costs of all on-site and
off-site transmission and treatment facility improvements necessitated
by the development to said development.
P.
All public facilities, utility and drainage easements outside the
right-of-way of public streets or accessways are to be shown on the
final site development plan. Where it is necessary to place public
utilities in public rights-of-way, a permit shall first be obtained
from the governing body or its agent for such installation. Utility
installations to be installed in public streets and rights-of-way
shall be coordinated with street construction plans and profiles approved
by the Virginia Department of Highways and Transportation resident
engineer for Mathews County and, if applicable, County public service
district officials.
Q.
Adequate fire hydrants and distribution systems shall be provided
by the developer in areas where central or public water systems are
available.
R.
Provision shall be made for sidewalks and pedestrian walkways which
will enable patrons and/or tenants to walk safely and conveniently
from one building to another or to adjacent sites as well.
(1)
Where feasible, pedestrian underpasses or overpasses are to
be encouraged in conjunction with major vehicular routes.
(2)
Provision shall be made where applicable for pedestrian walkways
in relation to private and public areas of recreation and open spaces,
e.g., schools, parks, gardens, and areas of similar nature.
(3)
Connections shall be made wherever possible of all walkways
and with similar facilities on adjacent developments.
S.
Landscape planting, screening, fences, walks, curbs, gutters and
other physical improvements as required by ordinances and the regulations
of the Virginia Department of Transportation and shall be provided
by the developer.
T.
One set of approved plans, profiles and specifications shall be at
the site at all times when work is being performed.
U.
Upon the completion of all required improvements shown on the approved
site development plan, the developer shall submit to the agent for
the governing body two copies of the completed as-built site plan
or building location plat certified by an engineer, architect or surveyor.
The as-built site plan shall be submitted at least one week prior
to the anticipated occupancy of any building for the review and approval
by the agent for conformity with the approved site plan and the ordinances
and regulations of Mathews County and state agencies.
V.
The approval of a site development plan or the installation of the
improvements as required in this chapter shall not obligate the County
to accept improvements for maintenance, repair or operation. Acceptance
shall be subject to County and/or state regulations, where applicable,
concerning the acceptance of each type of improvement.
A.
The agent appointed by resolution by the governing body is delegated
the authority and power to administer the site development plan regulations.
B.
The agent shall be responsible for the receipt, review, processing
and approval of site development plans.
C.
The agent may request opinions and/or decisions from other departments,
divisions, agencies, or authorities of the County government, officials,
departments or agencies of the Commonwealth of Virginia and the federal
government, or from other persons as may from time to time be retained.
D.
The agent, subject to approval of the governing body, may from time
to time establish reasonable administrative procedures necessary for
the proper administration of the ordinance.
E.
Any person aggrieved of any decision of the agent pursuant to this
chapter may within 10 days of such decision appeal in writing to have
a determination made by the governing body.
F.
Approval, modification and approval, or disapproval, of a site development
plan by the governing body or its agent shall occur within 60 days
of filing of the required documents in the office of the agent, unless
abnormal circumstances exist in which case time may be extended by
action of the governing body.
G.
No public easement, right-of-way or public dedication shown on any
site development plan shall be accepted for dedication for public
use until such proposed dedication shall first be approved by the
governing body and evidence of such approval is shown on the instrument
to be recorded.
H.
Final approval of a site plan submitted under the terms of this article
shall expire five years after the date of such approval. During that
period all building permits shall be obtained and the development
shall be put into use.
(1)
For so long as the final site plan remains valid in accordance
with the provisions of this section, no change or amendment to any
County ordinance, map, resolution, policy or plan adopted subsequent
to the date of approval of the final site plan shall adversely affect
the right of the developer or successor in interest to commence and
complete an approved development in accordance with the lawful terms
of the site plan unless there has been a mistake, fraud or a change
in circumstances substantially affecting the public health, safety
or welfare.
(2)
Application for minor modifications to approved site plans made
during the five-year term of validity shall not constitute a waiver
of provisions of this Section nor shall the approval of such minor
modifications extend the period of validity.
I.
No permit shall be issued by any administrative officer or agent
of Mathews County for the construction of any building or improvement
requiring a permit in any area covered by the site development plan
except in conformity to the provisions of this chapter and after approval
of a site development plan.
J.
County and state agencies responsible for the supervision and enforcement
of this chapter shall periodically inspect the site during the period
of construction.
K.
Upon compliance with the terms of this chapter and the satisfactory
completion of construction, the agent of Mathews County shall furnish
a certificate of approval. Certificates of approval, upon ratification
by the governing body shall release all of the bonds which may have
been furnished.
L.
Any requirement of Article 17 may be waived by the governing body
where the applicant establishes that an undue hardship would be created
by the strict enforcement of this chapter, providing such a waiver,
as requested, shall not be adverse to the purposes of this chapter.
M.
No change, revision, or erasure shall be made on any pending or final
site development plan or on any accompanying data sheet where approval
has been endorsed on the plat or sheets unless authorization for such
changes is granted in writing by the approving body or the agent.
N.
Any site development plan may be revised, provided request for revision
shall be filed and processed in the same manner as the original site
plan.
O.
The Board of Supervisors, by resolution, shall establish from time
to time a schedule of fees for the examination and approval or disapproval
of site development plans. Such fee shall be payable to the Treasurer
of Mathews County and shall be submitted to the agent in the following
manner: 50% due and payable at the time of filing a site development
plan, and 50% due and payable prior to final approval.
P.
The Board of Supervisors reserves the right to review a site plan
and any action of the agent.
