County of York, VA
 
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(a) 
The site plan preparation and review procedures established in this article are designed to promote the public health, safety and welfare, to encourage utilization of the most advantageous land development practices and techniques, and to ensure compliance with the comprehensive plan, and all applicable requirements of this, and other, County ordinances.
These regulations are also designed to promote high standards and innovations in the layout, design, and landscaping of new and existing developments, and to ensure that land is used in a manner which is efficient and harmonious with the community and the environment.
(b) 
Nothing in this article shall be interpreted to require the approval of any development, use, or plan, or any feature thereof which shall be found by the zoning administrator to constitute a danger to public health, safety or general welfare; which shall be determined to be a departure from, or violation of, sound engineering design or standards; or which is in conflict with the comprehensive plan or Chesapeake Bay Preservation Act.
[Ord. No. O98-18, 10-7-1998; Ord. No. 05-34(R), 12-20-2005]
(a) 
Site plans shall be required for any land use or development except:
(1) 
Single-family detached and individual duplex dwelling units and their customary accessory uses;
(2) 
Bona fide agricultural operations and the customary accessory uses and structures associated with bona fide agriculture operations.
(3) 
Filling and grading operations where no impervious structures or improvements will be installed and no clearing undertaken. In such cases, a plan demonstrating compliance with erosion and sediment control and Chesapeake Bay Preservation Areas ordinances and requirements shall be submitted for approval.
(b) 
No building or land-disturbing permit shall be issued, nor shall any use of a property commence, until a site plan or erosion and sediment control plan has been approved, unless specifically authorized in accordance with the procedures established herein.
[Ord. No. 05-34(R), 12-20-2005; Ord. No. 10-24, 12-21-2010; Ord. No. 17-12, 9-19-2017]
(a) 
Certification. Site plans or any portion thereof involving engineering, architecture, landscape architecture or land surveying shall be certified by an engineer, architect, land surveyor or landscape architect licensed to practice in Virginia. No person shall prepare or certify design elements of site plans which are outside the limits of their professional expertise and license.
(b) 
Scale. Site plans shall be prepared to an engineer's scale appropriate to the lot size and intensity of use, and acceptable to the zoning administrator. Sheet size shall be 24 inches by 36 inches; however, the zoning administrator may approve different sheet sizes in advance of plan submission.
(c) 
Site plan title sheet. The site plan title sheet shall contain the following information:
(1) 
Title Block.
a. 
Project Name.
b. 
Name, address and telephone number of the firm or individual preparing the site plan.
c. 
Scale of site plan.
d. 
Date of preparation of site plan; and dates and descriptions of all revisions.
(2) 
Location of tract by an insert map at a scale of not more than one inch equaling one inch equals 2,000 feet showing landmarks sufficient to clearly identify the location of the property.
(3) 
A general information section indicating the number of sheets comprising the site plan, and an index showing the locations of the various sheets.
(4) 
Rezoning proffers, special use permit conditions, wetlands permits and waivers or variances granted shall be referenced with both application number and resolution or ordinance number noted.
(5) 
The zoning of the parcel.
(6) 
Table of statistical information, including:
a. 
Total area.
b. 
Area and percentage of total of existing buildings.
c. 
Area and percentage of total of proposed buildings.
d. 
Area and percentage of total of lot coverage (amount of impervious cover).
e. 
Surface area and percentage of total lot area of parking and loading areas.
f. 
Area of disturbance.
g. 
Area and percentage of total occupied by landscaped open space.
(7) 
A blank space four inches by six inches shall be reserved for the use of the County on the lower right hand corner of the title sheet.
(d) 
General information required.
(1) 
Seal and signature, on each sheet, by the Virginia registered professional engineer, land surveyor, landscape architect or architect responsible for its preparation. One copy of the plan set shall be submitted with original signature on each sheet.
(2) 
The owners, present zoning and current use of all abutting or contiguous parcels.
(3) 
The boundaries of the property by bearings and distances which shall be tied to the County geodetic control network, including both horizontal and vertical control.
(4) 
Existing topography with a maximum contour interval of two feet except that where existing ground is on a slope of less than 2%, either one-foot contours or spot elevations shall be provided where necessary, but not more than 50 feet apart. Topographic mapping shall identify all significant vegetation, natural features, rock outcroppings, existing cultural features, and shall be supplemented with full verification and location of all underground structures, utilities and public improvements located on or impacting the development of the property.
(5) 
Soil types as identified in the USDA Soil Conservation Service publication Soil Survey of James City and York Counties and the City of Williamsburg, or the Unified Soil Classification System, or by a professional acting within their area of competence and specifically denoting graphically any areas containing soils rated "Moderate" or "Severe" or which do not have sufficient load bearings for the type of development proposed. The presence or absence of "shrink-swell" and similar soils shall be noted on the face of the plan.
(6) 
North arrow.
(7) 
All horizontal dimensions shown on the site plan shall be in feet and decimal fractions of a foot to the closest of a 0.01 foot.
(8) 
Geometric location data for all public rights-of-way, geographic control monuments, common areas, utility center lines and easements, structures and lot lines.
(9) 
A development phasing plan if the proposed project is to be constructed in two or more phases.
(10) 
If the site plan is shown on more than one sheet, match lines shall clearly indicate where the several sheets join and an index shall be shown locating the sheets.
(11) 
Building restriction lines and required setbacks.
(12) 
A Natural Resources Inventory of site conditions and environmental features as specified in Chapter 23.2.
(e) 
Existing features.
(1) 
The location, height, first floor elevation, floor area and use of all existing buildings and structures, and their distance from all property lines and from each other.
(2) 
All existing streets, utilities, fire hydrants, easements, and watercourses, and their type, names and widths. Recordation information shall be given for all easements and for other features as appropriate. For existing public streets, both right-of-way and pavement widths shall be noted as well as state route numbers and posted speed limits.
(3) 
Existing natural land features, trees, water features and all proposed changes to these features shall be indicated on a "landscape plan" (see Article II, division 5). Land features shall include soil types and limitations. Water features shall include ponds, lakes, streams, wetlands, floodplains, drainage areas and stormwater retention areas.
(4) 
The location, type, and extent of the following features. In addition, the gross acreage and percentage of the total of the following physical land units shall be tabulated and computed by accurate planimetric methods at the site plan scale:
a. 
Slopes more than 20% but less than 30%.
b. 
Slopes 30% or greater.
c. 
100-year Floodplains.
d. 
Lands below the four-foot contour.
e. 
Jurisdictional (as defined by U. S. Environmental Protection Agency and confirmed by the U. S. Army Corps of Engineers) wetlands, both tidal and nontidal.
f. 
Existing water features (bodies of water, drainage channels, perennial and intermittent streams, etc.).
g. 
Major utility easements or rights-of-way including above ground electric transmission line easements.
h. 
Site specific location of Chesapeake Bay Resource protection and resource management areas.
i. 
Natural heritage resource areas identified in the document entitled, Natural Areas Inventory of the Lower Peninsula of Virginia and their degree of significance as identified in the same document.
j. 
Portion or portions of the property located within the Watershed Management and Protection overlay district (WMP).
(5) 
The location, type and extent of all known or suspected cultural resources, including underground resources. If architectural or archaeological studies have been performed on the site, two copies of each relevant study shall be submitted with the site plan.
(f) 
Proposed improvements.
(1) 
The location and use of all proposed buildings and structures and their distance from all property lines and from each other.
(2) 
Proposed building(s) height, first floor elevation and area.
(3) 
Proposed streets, utilities and easements, their types, names and widths.
(4) 
Written schedule or data as necessary to demonstrate that the site can accommodate the proposed use, including: area occupied by each use; number of floors, height; and floor area for office, commercial and industrial uses. A development sequencing plan shall be presented with any project which is to be constructed in two or more phases.
(5) 
Sufficient information to show that the physical improvements associated with the proposed development are compatible with existing or proposed development of record on adjacent properties which may include schematic plans for storm water management, utilities and transportation improvements.
(6) 
Proposed finished grading by contours to be supplemented by finished spot elevations and sectional design information.
(7) 
Locations, computations of percent and area of all open spaces; identification of areas for, and improvements to, all recreational facilities, including percent and area.
(8) 
Location and method of garbage, refuse and recyclables collection.
(9) 
Location and type of all proposed signage.
(10) 
Location and design of any retaining walls.
(g) 
Landscape requirements. A landscape plan, in accordance with Article II, Division 4 shall be provided.
(h) 
Erosion and sediment control. Provisions for the adequate control of erosion, runoff, and sedimentation, as required by Chapter 10, Erosion and Sediment Control, of this Code, shall be indicated on the site plan. When necessary for clarity, this information shall be indicated on a separate sheet or sheets.
(i) 
Streets and parking.
(1) 
Location of all off-street parking and loading spaces, handicapped parking spaces, bicycle parking, driveways, existing and proposed vehicular access for the site, entrance types, sidewalks and walkways, size and angle of parking bays and width of aisles and a specific schedule showing the number of parking spaces required by Article VI and the number provided.
(2) 
Typical proposed roadway and parking area pavement cross-sections.
(3) 
Location of proposed street signs.
(4) 
Plans and profiles for all street improvements in public rights-of-way, including center line elevations computed to the nearest 0.01 of a foot at 50 horizontal station intervals and at other locations of geometric importance.
(5) 
Existing and proposed curb, gutter and sidewalks along all streets contiguous to the project.
(6) 
Site distances, both horizontal and vertical, at all proposed entrances.
(7) 
Entrance grades (in percent) noted.
(j) 
Drainage.
(1) 
Plans in accordance with adopted storm water management standards for the County. Stormwater management criteria consistent with the provisions of the Virginia Stormwater Management Regulations (4 VAC 3-20), as they may be amended from time to time shall be satisfied.
(2) 
Plans of contributing drainage areas and the computed limits of the 100-year floodplain, with drainage way cross-sections and water surface elevation plotted on a profile of the pre- and post-development condition.
(3) 
Plans and profiles detailing the provisions for conveying the drainage to an adequate channel, pipe or stormwater system, indicating:
a. 
The location, size, type, lining material, slope and grade of ditches;
b. 
Drainage structures;
c. 
Pipes including type or class, size, location, slope, invert elevations, length and connections;
d. 
Verification of receiving channel, pipe or stormwater system adequacy;
e. 
Best management practices (BMP) and other stormwater management facilities including maintenance requirements, slopes, depths, access, cross-sections and other pertinent details.
(4) 
Calculations for both pre- and post-development drainage and storm water management specifying the source of the coefficients, time of concentration, and equations utilized and any modifications made thereto.
(5) 
Floodplain studies when required by the terms of the floodplain management area (FMA) overlay district.
(6) 
100-year floodplain limits.
(7) 
Drainage divides and areas for both pre- and post-development conditions.
(8) 
Two-, ten-, and 100-year water surface elevations shown for stormwater management ponds.
(k) 
Utilities.
(1) 
Plans in accordance with adopted water and sewerage facilities standards for the County.
(2) 
Plans and profiles for all existing and proposed public utilities, including elevation computed to the nearest 0.01 of a foot at 50 horizontal station intervals and at other locations of geometric importance.
(3) 
Location of all sanitary sewer lines and water lines verifying supply and receiving line adequacy, and showing all pipe sizes, type and grades.
(4) 
Location of all existing and proposed fire hydrants; and calculations verifying adequacy of fire flow when required by the director of public safety.
(5) 
The design, location, height, illumination intensity in footcandles, and luminaire type of all exterior lighting fixtures. The direction of illumination and methods to eliminate glare onto the adjoining properties must also be shown. Where questions or conflicts arise, the ANSI/IES Recommended Practice for Roadway Lighting shall prevail.
(l) 
Additional information.
(1) 
Copies of all permits and determinations obtained from federal and state regulatory agencies and that are necessary for the development to occur as shown on the site plan shall be submitted with the site plan. This shall specifically include, but not be limited to, environmental permits, wetlands determinations, and sewage disposal permits.
(2) 
Any other additional information deemed necessary by the zoning administrator to render a decision on the proposal shall be provided or shown on the plan as appropriate.
(m) 
Format. Site plans shall generally follow the format depicted in Figure V-1 (See Appendix A).
(n) 
Number of copies. Plan submissions shall be clearly legible, blue or black line folded copies of the site plan and shall be accompanied by the appropriate application form and fee. No plan shall be deemed received until all relevant fees and applications are submitted. In addition, copies/sets of any supplementary reports or calculations (e.g., drainage calculations, traffic impact studies) shall be submitted with the plan submission. The number of copies of site plans and supplementary information/studies required shall be that number deemed sufficient by the zoning administrator to cover distributions to the relevant review departments/agencies and to provide a file copy to be maintained in the Development Services Division and the required number of copies shall be communicated in procedural information made available to prospective applicants by the Department.
(a) 
If the zoning administrator determines that one or more of the above submittal requirements is not applicable to the proposed projects, the zoning administrator may waive or modify those requirements and specify the appropriate modification.
No such waiver shall be granted when the proposed site modifications, because of impact on circulation patterns, drainage patterns, public facilities, public safety, or adjacent land uses necessitates the preparation of a plan in complete accordance with the terms of § 24.1-502 in order to serve and protect the public interest. The determination by the zoning administrator to waive or modify site plan requirements shall be made in writing.
(b) 
In the event detailed plan preparation requirements are waived or modified, the applicant shall remain responsible for provision of a sketch plan of the proposed development site prepared in a manner specified in writing by the zoning administrator.
(a) 
Where public improvements are required by this chapter, the zoning administrator may require the applicant or developer to execute with the County an agreement, suitable in form and content to the County attorney, which guarantees the completion of said improvements. (See sample public improvements agreement in Appendix B).
(b) 
Prior to the issuance of a certificate of zoning compliance or acceptance of any public improvement by the County, the zoning administrator shall be provided with sufficient testing data and certifications to determine that the improvements have been properly constructed as depicted on the approved plan and to the standards prescribed by the County or other agency accepting the improvement. The cost of all testing and certification shall be borne by the developer.
(c) 
The County shall be furnished with permanent, blackline, reproducible record drawings of public improvements constructed.
[Ord. No. 02-17, 9-3-2002; Ord. No. 08-17(R), 3-17-2009; Ord. No. 15-12, 9-15-2015; Ord. No. 17-12, 9-19-2017]
(a) 
While not required, developers and property owners are encouraged to present informally conceptual plans to the Development Services Division at a preapplication conference. Applicants should provide preliminary site sketches and plan information prior to the scheduled conference.
(b) 
The division of development services shall be responsible for review of the site plan for general completeness and for compliance with established administrative requirements and for coordinating and monitoring the review process. In fulfilling this responsibility, the department may transmit copies of site plans to appropriate departments, agencies, and officials for their review, comment, and recommendations.
(c) 
The zoning administrator shall be the final plan approving authority. No final action shall be taken until the comments and recommendations of all reviewing agencies, and departments and officials have been received. Except under abnormal circumstances, all reviews shall be completed and the final decision of the zoning administrator rendered within 60 days of the submission of a site plan having all the necessary elements as prescribed in § 24.1-502. In the event a final decision cannot be rendered within 60 days, the applicant may request and shall be given written notice of such delay and the reasons therefor. Where review by one or more state agencies, including but not limited to the health department and/or department of transportation, is necessary, the zoning administrator shall act upon the plan no later than 35 days after the receipt of all comments or approvals of such state agency or agencies.
(d) 
The zoning administrator may act in any of the following manners on site plans:
(1) 
Disapproval - shall indicate that there are significant deficiencies in the plan as submitted and that the ability to correct them is in doubt or that even if the deficiencies were to be corrected, the plan may not be approvable in accordance with § 24-500(b).
(2) 
Preliminary approval - shall indicate that there are deficiencies in the depicted plan which must be corrected prior to final approval being granted; however, such action shall constitute assurance that if the corrections are made in the stipulated manner, final approval will be granted.
(3) 
Final approval - shall indicate that the site plan as depicted, or subject to certain noted conditions, is fully approved and, upon the issuance of all relevant permits, construction activities may commence. A site plan shall be deemed to have received final approval once it has been reviewed and approved by the zoning administrator and the only requirement remaining to be satisfied in order to obtain a building permit is the posting of any performance guarantees.
(e) 
Upon action by the zoning administrator, the applicant shall be notified in writing of such action and the reasons therefor.
(f) 
Site plans which have received preliminary approval or have been disapproved by the zoning administrator may be resubmitted for review at no additional fee provided that such resubmission occurs within six months of the date on which notice of preliminary approval or disapproval was transmitted to the applicant and that a written narrative statement describing how each of the preliminary approval conditions or reasons for disapproval and staff recommendations have been addressed on the revised site plan. For site plans having received preliminary approval, only those plan sheets on which revisions have been made need to be resubmitted. For disapproved plans, entire plan sets shall be resubmitted. Revised site plans submitted later than six months shall be reviewed as a new submission and shall be subject to any changes in County ordinances which have occurred in the intervening time period, and shall require the payment of the requisite review fee.
(g) 
For a resubmitted site plan solely involving a parcel or parcels of commercial real estate (which, for the purposes of this section shall be deemed to include "industrial"), the zoning administrator shall act on the plan within 45 days provided, however, that where review by one or more state agencies is necessary, the comments or approvals of such state agency or agencies shall be provided within 35 days of their receipt by the zoning administrator. In reviewing such a plan, the zoning administrator shall consider only the deficiencies identified in the review of the initial site plan that have not been corrected in such resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies identified in the initial submission. Failure to approve or disapprove a resubmitted commercial site plan within the specified time periods shall cause the plan to be deemed approved. Notwithstanding the approval or deemed approval of any proposed commercial site plan, any deficiency in any proposed plan, that if left uncorrected, would violate local, state or federal law, regulations, mandatory Department of Transportation engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated, or deemed as having been approved. Should any resubmission include a material revision of infrastructure or physical improvements from the earlier submission, or if a material revision in the resubmission creates a new required review by the Virginia Department of Transportation or by a state agency or public authority authorized by state law, then the zoning administrator's review shall not be limited to only the previously identified deficiencies of prior submittals and may consider deficiencies initially appearing in the resubmission because of such material revision.
(h) 
Upon final approval of the site plan, the applicant shall be responsible for obtaining any necessary entrance permits from the Virginia Department of Transportation. No zoning certificate shall be issued until such permits have been secured.
(i) 
The zoning administrator may authorize the issuance of land disturbing permits or building permits for footings prior to final approval when the site plan has received preliminary approval and it is determined that the only outstanding issues involve execution of a required development agreement, dedication or abandonment of easements, correction of minor deficiencies, or similar issues which, in the opinion of the zoning administrator, will not affect the location of structures or parking areas as depicted on the site plan. Required perimeter buffer areas and infiltration yards shall be excluded from the authority granted by a land disturbing permit issued prior to final approval of a site plan. Land disturbing permits or zoning certificates for additional phases of construction shall not be issued prior to final approval of the site plan.
(j) 
Pursuant to § 15.2-2261, Code of Virginia, final approval of a site plan submitted under the provisions of this article shall expire five years after the date of such approval or, if building permits, or renewals thereof, have been issued for a valid and unexpired site plan, then upon the expiration of those permits. Plan validity determinations shall be subject also to the provisions of § 15.2-2209.1 of the Code of Virginia. The issuance, and diligent pursuit of work thereunder, of a land disturbing activity permit (LDA permit) authorizing construction of stormwater management infrastructure also shall be sufficient to extend the term of validity of a site plan approval for a period concurrent with the validity of the LDA permit. The application for and approval of minor modifications to an approved site plan shall not extend the period of validity of such plan and the original approval date shall remain the controlling date for purposes of determining validity. Notwithstanding the five-year term of validity, nothing shall preclude the application, to the greatest extent possible, of the terms of any local ordinance adopted pursuant to the Chesapeake Bay Preservation Act, or the application of the provisions of any local ordinance adopted to comply with the requirements of the federal Clean Water Act, Section 402(p) of the Stormwater Program and regulations promulgated thereunder by the Environmental Protection Agency.
(k) 
After final approval of a site plan, the zoning administrator may approve minor adjustments to such plan which comply with the spirit of these and other applicable regulations. Any major revision shall necessitate the resubmission of the plan in accordance with the same procedures followed in the original review. The zoning administrator shall determine what constitutes a minor adjustment or a major revision on a case-by-case basis.
(l) 
Site improvements and development shall be in strict accordance with the approved site plan and any deviation from such approved plan in the improvement and development of such site shall be deemed a violation of this chapter. Unless specifically authorized by other sections of this article, certificates of zoning compliance and certificates of occupancy shall not be issued for a development until the zoning administrator has certified that the approved site plan has been fully and completely implemented.