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Rappahannock County, VA
 
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New Laws (3) Index
It is the intent of this article to assure compliance with the applicable ordinances and statutes, to encourage innovative and creative design, to facilitate use of the most advantageous techniques in the development of land in Rappahannock County, to ensure the efficient use of land and to promote high standards in the layout, design, landscaping and construction of development.
[Amended 4-6-1987]
No zoning permit for any use for which an X appears in the Site Plan column of Article IV shall be issued unless and until a site plan shall have been submitted and approved in accordance with the provisions of this article. A site plan will not, however, be required for the repair or rehabilitation of an existing structure when such work does not involve and is not related to either a change in use or an increase in the intensity of the use, as determined by the Administrator. In addition, with the concurrence of the Planning Commission, the ZA may waive any or all requirements, including submission requirements, when, in the judgment of the Commission and ZA, the requirements are not necessary to protect the health, safety and general welfare of the citizenry nor necessary to assure compliance with any provision of this chapter. In the case of permitted uses requiring site plans, the Zoning Administrator may waive any and all requirements when, in his/her judgment, the submissions are not necessary to protect the health, safety and general welfare of the citizenry nor necessary to assure compliance with any provision of this chapter.
A. 
Every site plan submission as hereafter provided shall contain the following information:
(1) 
The location of the tract or parcel by vicinity map at a scale of one inch equals 2,000 feet and landmarks sufficient to properly identify the location of the property.
(2) 
A boundary survey of the tract or site plan limit, with an error of closure within the limit of one in 10,000, related to the true meridian, showing the location and type of boundary evidence and the area of the site.
(3) 
A certificate signed by the engineer or surveyor setting forth the source and title of the owner of the tract and the owner's name and place of record of the last instrument in the chain of title (including the deed book and page number).
(4) 
Existing and proposed streets and easements, their names, numbers and width; existing and proposed utilities of all types; watercourses and their names; owners, zoning and present use of adjoining tracts.
(5) 
The location, type and size of ingress and egress to the site.
(6) 
The location, type, size and height of all fencing, screening and retaining walls where required under the provisions of applicable ordinances.
(7) 
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. All spaces shall have adequate space for moving and turning.
(8) 
The number of floors, floor area, height and location of each building and proposed general use for each building. For single-family attached or multifamily dwellings, the number, size and type of dwelling units shall be shown.
(9) 
Front elevations, shown to scale.
(10) 
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 or sewer system.
(11) 
Adequate provision for the disposition of natural and storm water with respect to quality and quantity.
(12) 
Provision 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.
(13) 
Existing topography, accurately shown with a maximum of two-foot contour intervals at a scale of not less than 50 feet to the inch, unless waved by the Commission.
(14) 
The proposed finished grading by contour, supplemented where necessary by spot elevations.
B. 
All horizontal dimensions shown in the site development plan shall be in feet and decimals of a foot nearest to one hundredth (0.01) of a foot, and all bearings in degrees, minutes and seconds to the nearest 10 seconds.
C. 
A landscape design plan, based upon accepted professional design layouts and principles, shall be required unless waived by the Administrator and/or the Commission.
D. 
Site plans for the expansion of an existing use on the same lot or onto an adjacent lot shall show all existing facilities as well as those proposed.
A. 
Any person submitting a site plan shall submit written proof of notification of five property owners in the immediate vicinity of the property involved; three of said property owners shall be owners adjoining the site plan area. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books of Rappahannock County shall be deemed adequate compliance with the requirement. The provision of notice shall be the responsibility of the owner or the developer. A site plan shall be considered by the Commission only after five days of such notice. The notice shall state the type of use, the date of submission, the specific location of the proposed development and the appropriate County office where the site plan may be reviewed.
B. 
The site plan, or any portion thereof, involving engineering, architecture, city planning, urban design, landscape architecture or land surveying shall be prepared by persons qualified to do such work. Final site plans shall be certified by an architect, engineer or land surveyor within the limits of their respective licenses authorizing them to practice in the Commonwealth of Virginia.
C. 
The site plan shall show the name and address of the owner or developer, magisterial district, County, state, North point, date, scale of drawings and number of sheets. In addition, it shall reserve a blank space four by four (4x4) inches in size on the plan face for use of the approving authority.
D. 
The site plan shall be prepared to the scale of one inch equals 100 feet or larger; no sheet shall exceed 42 inches in size.
E. 
The site plan may be prepared on one or more sheets. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.
F. 
Four clearly legible blue or black line copies of the site plan shall be submitted to the Zoning Administrator.
G. 
In addition to the required information set forth above, the following specific items shall also be shown on all site development plans:
(1) 
Right-of-way lines, center lines, departing lot lines, lot numbers, subdivision limits, limits of construction and building location.
(2) 
Center-line curve data, including delta radius arc and cord and tangent.
(3) 
The radius of all curb returns to face of curb. On streets where curb and gutter are not required, the radius shall be indicated to the edge of bituminous treatment.
(4) 
Street names and state route numbers on all existing streets in vicinity.
(5) 
The edge of the proposed street surface or the face of the curb, as the case may be, for the full length of all streets.
(6) 
The width of rights-of-way and all easements and the width of surface or distance between the curb faces and the relation to the 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.
(7) 
When proposed streets intersect with adjoining existing streets or travelways, 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.
(8) 
The existing and proposed drainage easements and the direction of drainage flow in streets, storm sewers, valley gutters, streams and subdrainage, etc.
(9) 
All water mains, sizes, valves and fire hydrant locations.
(10) 
All sanitary and storm sewers and appurtenances, indentified by type and number; the station on the plan shall conform to the station shown on the profile. The top and invert elevation of each structure shall be indicated.
(11) 
The contributing drainage area in acres shall be shown statistically and shall show all culvert, pipe curb inlets and other entrances exclusive of driveway pipes.
(12) 
The floodplain limits as established by the current soil survey.
(13) 
The location of all or any springs either within or draining to street rights-of-way. The proposed method of treatment shall be indicated.
(14) 
The location of all streams or stream relocations or drainageways or ditches related to the street construction as proposed by the developer. Easements shall not be considered part of the street right-of-way. Detailed typical drainage section and type of stabilization shall be provided for approval by the Administrator and the resident engineer for the VDOT.
[Amended 2-1-2021]
(15) 
The type or class of concrete or treated metal drainage pipe to be installed and paved roadside ditches as required.
(16) 
The location of "no-through-street" signs where required on cul-de-sac streets or temporary cul-de-sac streets.
(17) 
The proper driveway entrance type, computed culvert size and/or VDOT design designation.
[Amended 2-1-2021]
(18) 
Provision at ends of curb and gutter for erosion control.
(19) 
Typical street sections to be used on the site development plan.
(20) 
The symmetrical transition of pavement at intersections with existing street, indicating road edge delineators.
(21) 
The connection to proposed VDOT construction when necessary.
[Amended 2-1-2021]
(22) 
A minimum of two datum references for elevations used on plans and profiles and correlation, where practical, to United States Geological Survey datum.
(23) 
Any necessary notes that may be required to explain the intent and purpose of specific items on the plan or profile.
A. 
Costs and specifications. All improvements required by this article shall be installed at the cost of the developer. Where cost sharing or reimbursement agreements between the County 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 VDOT review and acceptance. When specifications have been established either by VDOT 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 by the VDOT.
[Amended 2-1-2021]
B. 
Bonding and agreement. Prior to the approval of any site plan, there shall be executed by the owner or developer an agreement with the County to construct required physical improvements located within public rights-of-way or easements or connected to any public facility, together with a bond or surety approved by the Board in the amount of the estimated cost of the required physical improvements as determined by the ZA. The agreement and surety shall provide for completion of all work within a specified time to be determined by the ZA.
C. 
Common wall housing. Condominium and common-wall housing 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 shall be required to submit a subdivision plat showing all lots as required by Chapter 147, Subdivision of Land, of the Code of Rappahannock County.
D. 
Right-of-way dedication. Where the adopted Comprehensive Plan for Rappahannock County or VDOT plans 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 plan is presented on public streets of less than 50 feet in width, additional rights-of-way shall be added so that the public street or right-of-way shall be a minimum of 25 feet from the existing center line.
[Amended 2-1-2021]
E. 
Street standards.
(1) 
All street and highway construction standards and geometric design standards shall be in accord with those specified in Chapter 147, Subdivision of Land, and/or the VDOT unless such geometric design standards only are specifically modified by the Commission.
[Amended 2-1-2021]
(2) 
The Commission may modify street geometric design standards for local, collector and minor loop streets, provided that:
(a) 
Off-street parking sufficient to accommodate the required parking ratio is provided to complement the street system.
(b) 
Approval of modification is obtained from the VDOT, where applicable.
[Amended 2-1-2021]
F. 
Driveways and service roads.
(1) 
The pavement of vehicular travel 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 20 feet in width.
(2) 
On any site bordering a primary or arterial highway in the state highway system, the developer, in lieu of providing travel lanes or driveways that provide vehicular travel to and from adjacent parking areas and property, may dedicate where necessary and construct a service road under County and state standards for such roads. In such event, the setback requirements shall be no greater if the service road is dedicated from 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 line.
(3) 
Upon satisfactory completion and inspection and only upon application by the developer, the County shall take the necessary steps to have such service road accepted by the VDOT for maintenance.
[Amended 2-1-2021]
G. 
Easements. Adequate easements shall be provided for drainage and all utilities.
H. 
Drainage. Adequate drainage for the disposition of storm and natural water both on and off site shall be provided.
I. 
Erosion and sediment control, utilities.
(1) 
Adequate provisions shall be made by the developer for all utilities, both on site and off site.
(2) 
Percolation tests and/or other methods of soil evaluation deemed necessary by the Health Director shall be the responsibility of the developer.
(3) 
Where central water and/or sewer systems having sufficient capacity either exist or are proposed within a reasonable distance of the area of the site plan, provisions shall be made to connect to such systems.
(4) 
All public facilities, utility and drainage easements outside the rights-of-way of public streets or accessways shall be shown on the final site plan. Where it is necessary to place public utilities in public rights-of-way, a permit shall first be obtained from the Board or the ZA 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 VDOT resident engineer for Rappahannock County and/or the Administrator.
[Amended 2-1-2021]
J. 
Landscaping and screening. Landscape planting, screening, fences, walks, curbs, gutters and other physical improvements, as deemed necessary by the Board or required by the regulations of the VDOT, shall be provided by the developer.
[Amended 2-1-2021]
K. 
Environmental impact. Adverse environmental impact of the development should be minimal. The criteria for determination shall be as follows:
(1) 
Water supplies. The impact shall be deemed excessive if the Health Officer finds that the development will jeopardize the safety of present or future water supplies or that by reason of topography, soil type and conditions, surface and subsurface drainage condition, the water table, the history of failures of septic systems in adjacent areas and the extent of septic development there appears to be doubt of the proper functioning of septic systems with respect to contamination of water supplies.
(2) 
Lack of adequate drainage. Excessive environmental impact with respect to drainage shall be deemed to exist if surface or subsurface water retention and/or runoff is such that it constitutes a danger to the structural security of proposed dwelling units or other on-site structures. In addition, inadequate drainage shall be deemed to exist where proposed site grading and development creates harmful or damaging effects from erosion and siltation on downhill and/or downstream land and no adequate remedy is provided. Recommendations may be required from the Culpeper Soil and Water Conservation District based on the evaluation of a submitted sedimentation and erosion control plan.[1]
[1]
Editor's Note: See Ch. 98, Erosion and Sediment Control.
(3) 
Tree masses and large individual trees should be preserved wherever possible.
(4) 
Wherever possible, utility lines should be placed underground.
(5) 
All major streams and rivers, especially those upon which flood control, water impoundment and recreation facilities are located or planned, should be left in their natural state where adequate or improved to provide for the maintenance of water quality standards.
L. 
Review and approval.
(1) 
Site plans which conform to the standards and requirements of this chapter shall be approved or modified by the Board or BZA following the recommendation of the Commission.
[Amended 4-6-1987]
(2) 
Approval, modification and approval or disapproval of a site development plan by the Board or BZA shall occur within 90 days of filing of the required documents in the office of the Zoning Administrator unless abnormal circumstances exist, in which case the time may be extended by action of the Board or BZA with the concurrence of the applicant. Approval, modification and approval or disapproval of a site development plan by the Zoning Administrator, in the case of permitted uses requiring a site plan, shall occur within 30 days of filing of the required document in the office of the Zoning Administrator.
[Amended 4-6-1987]
(3) 
Any submission requirement of this article may be waived by the Board where the applicant establishes that an undue hardship would be created by the strict enforcement of this article, provided that such a waiver, as requested, shall not be adverse to the purpose of this article.
(4) 
No change, revision or erasure shall be made on any pending or final site plan or on any accompanying data sheet where approval has been endorsed on the plat or sheet unless authorization for such change is granted, in writing, by the Board.
(5) 
Approval of a site plan pursuant to this article shall expire 12 months after the date of approval unless building permits have been obtained for construction. Extensions may be granted upon written request by the applicant to the Board prior to the lapse of approval and all bond and surety agreements.
(6) 
Any site plan may be revised, provided a request for revision shall be filed and processed in the same manner as the original site plan.
M. 
Public obligation.
(1) 
The approval of a site development plan or the installation of the improvements as required in this article 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.
(2) 
No public easement or right-of-way or public dedication shown on any site development plan shall be accepted for public use until such proposed dedication shall first be approved by the Board and evidence of such approval shown on the instrument to be recorded.
N. 
During construction.
(1) 
One set of approved plans, profiles and specifications shall be at the site at all times when work is being performed.
(2) 
County and state agencies responsible for the supervision and enforcement of this article should periodically inspect the site during the period of construction.
O. 
Completion of required construction.
(1) 
Upon completion of all required improvements shown on the approved site plan, the developer shall submit to the Administrator three copies of the completed as-built site plan or building location plant, 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 review and approval by the Zoning Administrator for conformity with the approved site plan and the ordinances and the regulations of Rappahannock County and state agencies. This requirement may be waived by the Zoning Administrator in cases in which no public facilities are required or where all public facilities are accepted by the agency which will operate the same and where no further useful purpose would be served by preparation of as-built site plans.
(2) 
Upon compliance with the terms of this article and the satisfactory completion of construction, the Administrator shall prepare a certificate of approval. Certificates of approval, upon ratification by the Board, shall release all bonds which may have been furnished.
P. 
Fees. A fee shall be paid for the examination and approval or disapproval of every site plan submitted. The fee shall be payable, at the time of filing, to the Treasurer of Rappahannock County in the amount required by a fee schedule adopted by the Board by resolution.[2]
[2]
Editor's Note: The fee schedule is on file in the County offices.