The purpose of the plan of development process is to provide
a means to review development proposals within the Overlay District
to evaluate their potential impact on the quality of the waters of
the Chesapeake Bay and to ensure compliance with the provisions of
this article and the goals and objectives of the Act, the regulations
promulgated thereunder and this chapter.
Any development or redevelopment exceeding 2,500 square feet
of land disturbance within the Overlay District shall be subject to
the plan of development review and approval process set forth in this
Division prior to any clearing or grading of the site or the issuance
of any building permit.
Prior to submitting the required elements of the plan of development
process, the applicant or the agent of the applicant shall schedule
a pre-submission conference with the Administrator and shall discuss
proposed plans with the Administrator. Preliminary sketch plans should
be provided to the Administrator prior to the conference. The purpose
of such conference is to advise the applicant as to the applicable
requirements of this article, or other applicable formal submissions
required for the plan of development process.
A.
In addition to the site development plan requirements set forth in
Article 17 of this chapter, the plat requirements of the Mathews County
Subdivision Ordinance, and such other plan review and approval processes
as may be applicable, the plan of development shall include the plans
and studies identified in this section. Such plans and studies may
be coordinated or combined with other required plans and studies as
deemed appropriate by the Administrator to fulfill the requirements
of this article. The Administrator may waive certain information required
herein upon determination that the information is not necessary to
ensure compliance with the provisions of this article due to the scope
and nature of the proposed development. Submission of required plans
and studies shall be accompanied by such fees as established by the
Board of Supervisors.
Six copies of a site plan drawn to scale and showing the following
information shall be submitted to the Administrator:
A.
Name, address, and telephone number of the owner of the property
and the preparer of the plan;
B.
Location of the property including name of the subdivision, tax map
number, and name or route number where the property is located;
C.
A boundary survey of the tract showing North arrow and property line
measurements;
D.
Location of all covenant building lines, setbacks, easements, and
rights-of-way;
E.
Existing zoning classification;
F.
Date, scale, and number of sheets;
G.
The location and dimensions of all existing and proposed structures,
including but not limited to marine and temporary structures;
H.
The location and extent of all wooded areas before development and
the proposed area of clearing and limits of land disturbance. Percentages
of pre- and post-development cover shall be shown and shall include
the total site area in acres, the amount and percentage of the site
to be devoted to open space and the amount and percentage of the site
to be covered by impervious surface after development;
I.
The locations of all existing and proposed septic tanks and drainfield
sites, including reserve sites, as well as the location of all existing
and proposed wells;
J.
The location of all existing and proposed easements for roads, overhead
and underground utilities, drainage, or other easements which may
exist or are proposed on the property;
K.
The location of all points of access as approved by the Virginia
Department of Transportation;
L.
The proposed location, layout, dimensions and treatment of all driveways,
parking areas and other areas of impervious cover;
M.
The shortest distances from all property lines to all existing and
proposed structures;
N.
The specific limits of all RPA components described in § 175-22.7 of this article, including the location of any water body with perennial flow, in every case where an environmental site assessment is required under the provisions of this article.
O.
The approximate limit of the one-hundred-year floodplain.
P.
Included with the site plan submission shall be documentation of
all existing permits and pending applications pertaining to the parcel
of land, including, but not limited to, Health Department permits
for wells, septic tanks and drainfields; pending building permit applications;
other pending site plan approvals; and any pending applications for
rezoning, conditional use permit or variance. No grading or other
on site activities shall commence prior to submittal to the Administrator
of all wetlands permits required by law.
A landscape plan shall be submitted with the required site plan
to determine the extent of proposed clearing and grading and the types
and extent of existing and proposed vegetation on the site. No clearing
or grading of the site shall be permitted prior to approval of a landscape
plan.
Landscape plans shall be prepared or certified by design professionals
practicing within their areas of competence as described by the Code
of Virginia and shall contain the following:
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 six inches or greater diameter
at breast height (DBH) shall be shown on the landscape plan. Where
there are groups of trees, stands may be outlined instead. The specific
number of trees six inches or greater DBH to be preserved outside
of the construction footprint shall be indicated on the plan. Trees
and other woody vegetation proposed to be removed to create a desired
construction footprint shall be clearly delineated on the landscape
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 article, shall be shown on the landscape plan.
C.
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 § 175-22.15A through D of this article, shall be shown on the plan. Vegetation required by this article to replace any existing trees within the buffer area shall also be shown on the landscape plan.
D.
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 landscape plan.
E.
The landscape plan shall depict grade changes or other work adjacent
to trees, which would affect them adversely. Specifications shall
be provided as to how grade, drainage, and aeration would be maintained
around trees and other vegetation to be preserved.
F.
The landscape plan shall 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 silvicultural to some other use, the plan must demonstrate the
re-establishment of vegetation in the buffer area.
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 landscape
plan, are encroached, replacement of existing trees and other vegetation
shall be achieved at a ratio of two planted trees to one removed.
Replacement trees shall be a minimum 1.5 inches DBH at the time of
planting.
D.
Use of native or indigenous species.
A.
The applicant shall be responsible for the maintenance and replacement
of all vegetation as may be required by the provisions of this article.
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.
A stormwater management plan shall be submitted as an element
of the plan of development process for purposes of determining the
amount of stormwater runoff and the required locations and sizes of
stormwater structures and/or management practices necessary to control
run-off in accordance with the requirements of this article.
The stormwater management plan shall contain the following:
A.
Location and design of all planned stormwater control devices;
B.
Procedures for implementing nonstructural stormwater control practices
and techniques;
C.
Pre- and post-development non-point source pollutant loadings and
supporting documentation of all utilized coefficients and calculations;
D.
For facilities, verification of structural soundness, including a
professional engineer or Class IIIB surveyor certification;
E.
Any other information, including maps, charts, graphs, tables, photographs,
narrative descriptions or references as appropriate to communicate
the information required by this section.
Site-specific facilities shall be designed to accommodate all
phases of development proposed on the site.
All engineering calculations shall be performed in accordance
with applicable procedures outlined in the current edition of the
Handbook.
The plan shall establish a long-term 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 Mathews County, then a maintenance agreement shall
be executed between the responsible party and the governing body.
A.
An environmental site assessment shall be submitted when necessary for purposes of delineating the components of the resource protection area including water bodies with perennial flow on the site and providing the basis for site-specific delineation of the RPA boundary as required under § 175-22.8 of this article. An environmental site assessment shall also be submitted when necessary for purposes of delineating any land type comprising the resource management area on the site and providing the basis for determining the applicability of the provisions of this article to the site or any portions of the site.
B.
Applicants shall submit an environmental site assessment prior to
or in conjunction with preparation of preliminary site plans and other
plans in order that accurate delineation of the RPA components and
RMA land types can be established before development decisions are
made and more detailed plans are prepared.
(1)
The environmental site assessment shall be drawn at the same
scale as the site plan, or the same scale as the subdivision plat,
in the case of submission in conjunction with a proposed subdivision,
and shall be certified as complete and accurate by a professional
engineer, a certified land surveyor, a certified landscape architect
or other qualified individual who is determined by the Administrator
to provide accurate and detailed information sufficient to allow the
Administrator to perform his or her review. In the case of a site
devoted to single-family dwelling purposes, or other use or development
resulting in less than 5,000 square feet of land disturbance, the
requirements of this subsection may be waived by the Administrator,
provided the Administrator is satisfied that the information is complete
and accurate.
A.
An environmental site assessment, when required for purposes of delineating
the components of the RPA, shall clearly delineate the following environmental
features:
B.
An environmental site assessment, when required for purposes of delineating
the boundary of the RMA, shall clearly delineate the following land
types, provided the Administrator may waive delineation of any land
type which clearly does not affect the boundary of the RMA on the
site in question:
Wetlands delineations shall be performed consistent with the
procedures specified in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands, 1989, or other similar manual or guideline
utilized by the Corps of Engineers of the United States Army at the
time that the wetlands delineation is reviewed by the Administrator
in accordance with this article.
The Administrator shall take final action to approve or disapprove
all plans and studies required as elements of the plan of development
process within 60 days after receipt of all required plans and related
information, including revisions or additions to materials initially
submitted. The 60 days shall commence on the next day after the Administrator
determines in his sole discretion that the information submitted as
required by this chapter is full and complete.
No zoning permit shall be approved until the Administrator has
granted final approval of all plans and studies required by the provisions
of this article. All applications for zoning permits for use or development
within the Overlay District shall be accompanied by or shall make
specific reference to all plans approved pursuant to the provisions
of this article.
No certificate of use and occupancy shall be issued until the
Administrator has certified to the Building Official that all requirements
of this article have been satisfied and that all buffer areas, landscaping,
stormwater management facilities and other requirements of approved
plans have been installed or completed in accordance with such plans,
except as provided in this section.
A.
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 governing body
a form of surety satisfactory to the Administrator in an amount equal
to the remaining plant materials, related materials, and installation
costs of the required landscaping or facilities and/or maintenance
costs for required stormwater management facilities during the construction
period.
B.
All required landscaping shall be installed and approved by the first
planting season following issuance of a certificate of use and occupancy
or the surety may be forfeited to the governing body after 15 days'
written notice to the owner of the County's intent to forfeit said
surety.
C.
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 governing body. The governing body
may collect from the applicant the amount of the surety held.
D.
After all actions required by the approved site plan have been completed,
the applicant shall submit a written request for inspection. If the
requirements of the approved plan have been completed to the satisfaction
of the Administrator, such unexpended and unobligated portion of the
surety shall be refunded within 60 days following the receipt of the
applicant's request for inspection. The Administrator may require
a certificate of substantial completion from a professional engineer
or Class IIIB surveyor before making the final inspection.
A.
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.
B.
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.
C.
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.
Adjustments and modifications to approved plans of development
may be authorized by the Administrator when requested in writing by
the applicant and accompanied by such revised plans, information,
further studies or justification as deemed necessary by the Administrator
to constitute an adequate record and to ensure such adjustment or
modification will conform with all requirements of this article.
