(A) Purpose and intent. There is a mutual responsibility between the county and the developer to develop land in an orderly manner. The purpose of this section is to encourage innovative and creative design and facilitate use of the most advantageous techniques in the development of land in the county and to ensure the efficient use of land and to promote high standards in the layout, design, landscaping and construction of development.
(B) Development or land use requiring a site plan. A site plan is required for the following:
(1) Any development in which an automobile parking space is to be used by more than one business;
(2) Any use or development, regardless of zoning district, where a plat is submitted pursuant to the Subdivision Ordinance. Single-family detached dwelling units constructed by property owner(s) or farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than 5% on their individual lots are exempt from the provisions of this section;
(3) Any proposed change in an approved site plan;
(4) Any proposed change from an existing residential use to a business, industrial or multi-family residential use;
(5) Any public or semi-public building;
(6) Any other use involving a structure required to be reviewed by the county under VA Code § 15.2-2286 (A) (8), as amended.
(C) Site plan information required. Every site plan must contain the following information:
(1) Location of tract or parcel by vicinity map at a scale of not less than one inch equals 2,000 feet showing streets, water bodies, property boundaries, and other 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 foot in 7,500 feet related to the true meridian and showing the location and type of boundary evidence;
(3) 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;
(4) Existing and proposed streets and easements, including 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;
(5) Location, type, dimensions, and size of ingress and egress to the site;
(6) Location, type, size and height of all structures and 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, sizes of spaces and bays, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required in accordance with the county zoning ordinance;
(8) Number of floors, floor area, height, location and proposed general use of each building; the number, size and type of dwelling units for any multi-family residential building, town house, or patio house;
(9) All shoreline alteration, including dredging, filling and bulkheading; provisions for disposing of spoils, for preventing saltwater intrusion, for preserving the ecology of the area, and for preventing damage to the groundwater supply;
(10) Existing and proposed water and sanitary sewerage facilities indicating all pipe sizes, types, and grades and where connections are to be made to an existing or a proposed central water and sewerage system;
(11) Provision for the adequate disposition of stormwater in accordance with design criteria and construction standards of the Commonwealth and/or the county in effect at the time the site plan is submitted, including the locations, sizes, types and grades of ditches, catch basins and pipes, and connections to existing drainage systems;
(12) Provision and schedule for the adequate control of erosion and sedimentation indicating proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction in keeping with the requirements of the County Soil Erosion and Sediment Control Ordinance;
(13) Existing topography shown with a maximum of two-foot contour intervals at a scale of not less than 50 feet to the inch, or spot elevations if the gradient is less than 1%;
(14) Proposed finished grading shown with a maximum of two-foot contour intervals at a scale of not less than 50 feet to the inch, supplemented where necessary by spot elevations;
(15) All horizontal dimensions shown in feet and decimals of a foot to be closest to one hundredth of a foot; all bearings shown in degrees, minutes, and seconds to the nearest ten seconds;
(16) A landscape design plan;
(17) Provisions for firefighting services and facilities, including emergency services.
(D) Site plan processing.
(1) Any person submitting a site plan must submit written proof of notification of adjacent property owners. Notice sent by mail to the last known address of each owner as shown on the current real estate tax assessment books of Northampton County will be deemed adequate compliance with this requirement. The provision of notice is the responsibility of the owner or the developer. No site plan will be approved within ten days of any such notice. The notice must state: the type of use, the date of site plan submission, the specific location of the proposed development and the appropriate county office where the site plan may be viewed.
(2) The site plan and any portion thereof must be prepared by persons certified in the Commonwealth to do such work.
(3) The site plan must 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 must reserve a blank space four inches by four inches in size on the plan face for the use of the approving authority.
(4) The site plan must be prepared to the scale of one inch equals 50 feet or larger; no sheet may exceed 42 inches in any dimension.
(5) The site plan may be prepared on one or more sheets. If prepared on more than one sheet, match lines must clearly indicate where the several sheets join.
(6) Nine clearly legible blue-line copies of a site plan must be filed with the county's agent (designated in division (F) below).
(7) Profiles must be submitted for all sanitary and storm sewers, streets and curbs adjacent thereto, and other utilities and must be submitted on standard profile sheets. Special studies as required may be submitted on standard cross-section paper and must have a scale of one inch equal to 50 feet horizontally and one inch equal to five feet vertically. No sheet size may exceed 42 inches in any dimension. Any required flood plain limit studies must be shown on all profile sheets with reference to properties affected and center lines of streams.
(8) In addition to the information required on site plans above, the following specific items must also be shown if applicable:
(a) Right-of-way line(s), center lines, departing lot lines, lot numbers, subdivision limits, limits of construction, and building locations;
(b) Center line curve data, including delta angle, radius, arc, chord, and tangent;
(c) 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;
(d) The edge of proposed street surface or the face of curb, as the case may be, for the full length of all streets;
(e) The width of all rights-of-way and easements, the width of surface or distance between curb faces, and relation to center line; the purpose of any utility easement or right-of-way and a statement whether it is to be publicly or privately maintained;
(f) When proposed streets intersect with or otherwise adjoin existing streets or travel ways, both edges of existing pavement surface or curb and gutter for a distance of 100 feet or the length of connection, whichever is greater;
(g) Existing and proposed drainage easements and the direction of drainage flow in streets, storm sewer, streams, and subdrainage areas;
(h) All water mains, sizes, valves, and fire hydrant locations;
(i) All sanitary or septic tank systems and storm sewers and appurtenances, with appurtenances identified by both type and number and the stations on the plan conforming to the stations shown on the profile; the top and invert elevation of each structure must also be indicated;
(j) The contributing drainage area in acres, along with all culvert pipes, curb inlets, and other entrances exclusive of driveway pipes;
(k) Flood plain limits, which must be established by current NFIP maps, soil survey, and/or engineering methods;
(l) The location of any springs either within the development or draining into street rights-of-way, along with all proposed methods of treatment;
(m) The location of all streams and or drainage ways related to the street construction and any proposed drainage ditches or stream relocation, including details of a typical drainage section and type of stabilization to be provided. Easements will not be considered part of the street right-of-way;
(n) Type or class of concrete or treated metal drainage pipe to be installed, and any paved roadside ditches as required;
(o) Location of "no through-street" signs where required on cul-de-sac streets or temporary cul-de-sac streets;
(p) The proper driveway entrance type, computed culvert size, and/or VDOT design designation;
(q) Provision for erosion control measures;
(r) Typical street sections to be used;
(s) Symmetrical transition of pavement at intersection with existing streets;
(t) Connection to proposed VDOT construction;
(u) A minimum of two datum references for elevations used on plans and profiles and correlated, where possible, to U.S. National Geodetic Survey datum;
(v) Any notes required to explain the intent and purposes of specific items on the plan or profile;
(w) All proffered conditions accepted as part of a rezoning of any part of the property.
(E) Minimum standards and required improvements.
(1) The developer is responsible for installing, at his/her cost, all improvements required under this section. For any cost-sharing or reimbursement agreement between the County of Northampton or its incorporated towns and the developer to apply, it must have been executed in writing prior to site plan approval and must be accepted by the Virginia Department of Transportation. The developer must follow any specifications that the Virginia Department of Transportation or this chapter has established for streets or related facilities and utilities. The developer's performance guarantee will not be released until construction has been inspected and accepted by the county and by any state or local governmental agency, such as VDOT, that is to have ultimate maintenance responsibility.
(2) Prior to approval of any site plan, the developer (which may be the owner) must execute an agreement to construct all required physical improvements located within public rights-of-way or easements or connected to any public facility. The agreement must be secured by a performance guarantee (i.e., certified check, performance bond with surety, or letter of credit) in a form and amount satisfactory to the agent, conditioned upon the construction of the improvements. The agent will determine the required amount of the performance guarantee after preparing or causing to be prepared a cost estimate of all improvements, based upon unit prices for new public or private sector construction in the county, and a reasonable allowance for estimated administrative costs, including inspection fees required, inflation, and potential damage to existing roads or utilities, which may not exceed 25% of the estimated construction costs.
(3) Condominium and common wall house projects of all types must 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 must submit a subdivision plat showing all lots as required by the Subdivision Ordinance.
(4) Where the Comprehensive Plan indicates a proposed right-of-way greater than that existing along the boundaries of the site, the additional right-of-way must be dedicated for public use as a condition the plan is approved. Where a site plan proposes development on a public street less than 50 feet wide, approval of the site plan is conditioned on the dedication of sufficient right-of-way so that the site's boundary is at least 25 feet from the center line of the street. All building setbacks must be measured from the dedicated right-of-way.
(5) All street and highway construction and geometric design must conform to the standards specified in the Subdivision Ordinance.
(6) Vehicular travel lanes or driveways designed to permit vehicular travel on the site and to and from adjacent property and parking areas must be at least 20 feet wide. On any site bordering a primary or arterial highway or adjacent to an existing service road in the state highway system, the developer, in lieu of providing travel lanes, parking areas and adjacent property, may dedicate land where necessary for such roads. In that event, the required setback will be no greater than the setback required without the dedication, except that in no instance may a building be constructed closer than 50 feet to the nearest right-of-way line. Upon satisfactory completion and inspection, and after application by the developer, the county will take the necessary steps to have such a service road accepted by VDOT for maintenance.
(7) Where a site plan calls for pipestem residential lots, the width of any pipestem must be at least 25 feet, and the length of the pipestem must be no more than 200 feet from the right-of-way line for the street to which the lot has access; however, the agent may approve a variation in the length if he/she determines that there is an unusual situation, such as topography that makes compliance with the requirements impractical, or that strict adherence to the general regulations would result in substantial injustice or hardship.
(8) Cul-de-sacs must be designed and constructed in accordance with the street standards specified in the Subdivision Ordinance and may not be construed or used as parking bays.
(9) Any parking bay must be constructed to the same construction standard as the appurtenant public street to which the parking bay abuts and must be of a dustless surface. Pervious surfaces must be used whenever possible.
(10) Where geometric design standards are modified from those required in the Subdivision Ordinance, as set forth above, the developer will be responsible for the placing of "No Parking" signs on all travel lanes, driveways or streets to prohibit parking.
(11) Adequate easements must be provided for drainage and all utilities. Any such easement must be at least 15 feet wide. Where multiple structures or pipes are installed or the edge of any easement does not follow the established lot lines, the nearest edge of the easement must be at least five feet from any building.
(12) Adequate drainage for the disposition of storm and natural waters both on-site and off-site must be provided. The extent and nature of both on- and off-site treatment are to be determined by the county's agent in conference with the developer.
(13) The developer must make adequate provision for all necessary temporary and permanent erosion and sedimentation control measures, both on- and off-site. The agent will establish the extent of the required and permissible control measures, based on recommendations by Eastern Shore Soil and Water Conservation District and approved by the Board of Supervisors.
(14) The developer must make adequate provision for all utilities, both onsite and offsite. Percolation tests and/or other methods of soil evaluation deemed necessary by the Health Department will be the responsibility of the developer. When a central water and/or sewerage system with sufficient capacity either exists or is proposed within a reasonable distance of the site, the developer must make provisions to connect to the system(s).
(15) All public facilities, utility and drainage easements outside the right-of-way of public streets or accessways must be shown on the final site plan. Utility installations in public streets and rights-of-way must be coordinated with street construction plans and profiles approved by the Virginia Department of Transportation's Residency Administrator for Northampton County.
(16) The developer must provide adequate fire hydrants and distribution systems in areas where central or public water systems are available.
(17) The developer must provide for sidewalks and pedestrian walkways that will enable patrons and/or tenants to walk safely and conveniently from one building to another and to adjacent sites. Where appropriate, the developer must provide for pedestrian walkways and equestrian ways in relation to private and public areas of recreation and open space, such as schools, parks, gardens and similar areas. Wherever possible, walkways and equestrian ways must connect to similar facilities in adjacent developments.
(18) The developer must provide landscape planting, screening, fences, walks, curbs, gutters and other physical improvements as required by county ordinances and VDOT regulations. The landscape planting area must meet the following, minimum requirements:
(a) At least 10% of the developed area covered by a site plan must be designated as green area, which is to be planted with grass, ground cover, trees, shrubs, or other landscaping. At least one-half of the landscaped area must be between the street right-of-way or curb line and the building line;
(b) Existing trees within the green area must be left standing whenever practicable; if there are insufficient existing trees, the developer must plant new trees, so that there is at least one tree for every 400 square feet of green area. The trees must have a minimum trunk diameter of two inches measured 12 inches above the ground line. Planting of new trees will be deemed successful when, based on the agent's determination, 90% have survived at least one year after the completion of planting.
(c) Trees and plants that are native to the county or are, in the judgment of the Zoning Administrator, compatible with native vegetation, are generally acceptable.
(19) One set of approved plans, profiles and specifications must be at the site at all times when work is being performed.
(20) When, during construction, any changes are made to improvements as shown on the approved site plan, the developer must submit to the agent two copies of the completed as-built site plan or building location plat certified by a registered engineer, architect, surveyor, or certified landscape architect. The "as-built site plan" must be submitted at least one week prior to the anticipated occupancy of any building. The agent will review the plan for conformity with the approved site plan and with the ordinances and regulations of the county and state agencies.
(21) Neither the approval of a site plan nor the construction or installation of improvements required in this chapter will obligate the county to accept improvements for maintenance, repair or operation. Acceptance will be subject to county and/or state regulations, where applicable, concerning the acceptance of each type of improvement.
(22) Best Management Practices (BMPs) shall be designed such that the lowest outfall invert elevations shall be at or near the seasonal high water table so as to minimize the non-beneficial withdrawal of ground water while still meeting all other applicable design specifications, e.g., water balance, and not adversely impacting upstream conveyance systems.
(F) Administration and procedures for processing site plans.
(1) The agent appointed by the Board of Supervisors (the agent) is delegated the authority and power to administer this section.
(2) The Director of Planning and Zoning or his/her designated agent, is designated as the agent to review site plans for the county.
(3) The agent is responsible for the receipt, review, processing, and approval of site plans.
(4) 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, or from other persons as may from time to time be retained.
(5) The agent may, from time to time, establish reasonable administrative procedures necessary for the proper administration of this section.
(6) Any person aggrieved by any decision of the agent under this section may appeal that decision to the Board of Zoning Appeals as set forth in § 154.2.229.
(7) The processing of site plans is governed, to the extent applicable, by VA Code §§ 15.2-2258 to 15.2-2261. Approval, modification and approval, or disapproval of a site plan by the agent should generally occur within 90 days of official submission, in the office of the agent, of a complete site plan application. A site plan application is not complete, and is not officially submitted, unless it contains all of the required information in the proper form described in this section and is accompanied by the required fee in accordance with the fee schedule duly adopted by the Board and on file in the Department of Planning and Zoning. The agent will inform a developer if a site plan application is incomplete.
(8) No public easement, right-of-way or public dedication shown on any site plan will be accepted for dedication for public use until the Board of Supervisors has approved the proposed dedication and evidence of such approval is shown on the instrument to be recorded.
(9) Except as otherwise provided in state law, approval of a site plan pursuant to this chapter will expire five years after the date of approval unless building permits have been obtained and have not expired. Before a site plan expires, the agent may grant an extension up to five years upon written request by the developer; however, the owner or developer must also extend all pertinent agreements and performance guarantees must also be extended.
(10) No administrative officer or agent of the county may issue a permit for the construction of any building or improvement requiring a site plan or in any area covered by a site plan except in conformity with the provisions of this chapter and after approval of a site plan.
(11) County agencies responsible for the supervision and enforcement of this chapter will periodically inspect the site during the period of construction.
(12) The agent must certify to the Building Official that the project complies with all applicable provisions of this chapter. That certification, upon ratification by the Board of Supervisors, will release any performance guarantee which may have been furnished.
(13) No change, revision, or erasure is permitted on any pending final site plan or on any accompanying data sheet where approval has been endorsed on the plat or sheets unless the agent has authorized such changes in writing.
(14) Any approved site plan may be revised; request for revision must be filed and processed in the same manner as the original site plan. Revisions must comply with chapter provisions applicable at the time the revision is reviewed.
(15) The Board of Supervisors, by resolution, may establish from time to time a schedule of fees for the review of site plans.
(Ord. passed 4-12-2016; Am. Ord. passed 2-13-2024)