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(A) All development and redevelopment exceeding 2,500 square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of Chapter 155 of this code or a subdivision plat in accordance with Chapter 156 of this code.
(B) Development in RPAs may be allowed only when permitted by the Zoning Administrator and if it is: water-dependent; constitutes redevelopment; or constitutes development or redevelopment in the IDEA.
(1) A new or expanded water-dependent facility must meet the following criteria: it does not conflict with the Comprehensive Plan; it complies with all performance standards of § 157.159; all non-water-dependent components must be located outside of the RPA; and access to the water-dependent
facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided.
(2) Redevelopment on isolated redevelopment sites outside of locally designated intensely developed areas sites shall be permitted only if there is not an increase in the amount of impervious cover and no further encroachment within the RPA and it shall conform to the stormwater management requirements outlined under § 157.159(B)(7).
(C) A water quality impact assessment shall be required for any proposed land disturbance, development, or redevelopment within RPAs and for any development within RMAs when required by the Zoning Administrator because of the unique characteristics of the site or intensity of development, in accordance with the provisions of § 157.160.
(1998 Code, § 66-197) (Ord. passed 9-5-2017) Penalty, see § 10.99
In any case where the requirements of this subchapter conflict with any other provision of the ordinances of the town or existing state or federal regulations, whichever imposes the more stringent restrictions shall apply.
(1998 Code, § 66-198) (Ord. passed 9-5-2017)
(A) The site-specific boundaries of the RPA shall be determined by the applicant through the performance of an environmental site assessment, subject to approval by the Zoning Administrator and in accordance with § 157.161 or through the submission of a water quality impact assessment in accordance with section § 157.160. The Occoquan Chesapeake Bay Preservation Area Map shall be used as a guide to the general location of RPAs.
(B) The Zoning Administrator, when requested by an applicant wishing to construct a single-family residence, may waive the requirement for an environmental site assessment and perform the delineation. The Zoning Administrator may use hydrology, soils, plant species, and other data, and consult other appropriate resources as needed, to perform the delineation.
(C) Where the applicant has provided a site-specific delineation of the RPA, the Zoning Administrator will verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the Zoning Administrator may render adjustments to the applicant’s boundary delineation, in accordance with § 157.161 or 157.160 (water quality impact assessment) of this subchapter. If the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of section 66-202(i).
(1998 Code, § 66-199) (Ord. passed 9-5-2017)
(A) Purpose and intent.
(1) The purpose and intent of this section is to prevent a net increase in nonpoint source pollution from new development and achieve a 10% reduction in nonpoint source pollution from redevelopment.
(2) The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, is an especially effective filter of stormwater runoff. Minimizing impervious
cover enhances rainwater infiltration and effectively reduces stormwater runoff potential.
(3) Except as otherwise expressly stated in this chapter, development in Chesapeake Bay Preservation Areas shall comply with state regulations found at 9 VAC 25-830-130, 9 VAC 25-830-140, and 9 VAC 25-830-150.
(B) General performance standards for development and redevelopment.
(1) Land disturbance shall be limited to the area necessary to provide for the proposed use or development.
(a) In accordance with an approved site plan, the limits of land disturbance, including clearing or grading, shall be strictly defined by the construction footprint. These limits shall be clearly shown on submitted plans and physically marked on the development site.
(b) Ingress and egress during construction shall be limited to one access point unless otherwise approved by the Zoning Administrator.
(2) Indigenous vegetation shall be preserved to the maximum extent practicable, consistent with the use or development proposed, and in accordance with the Virginia Erosion and Sediment Control Handbook.
(a) Existing trees over six inches DBH shall be preserved outside the construction footprint. Diseased trees or trees weakened by age, storm, fire or other injury may be removed.
(b) Clearing shall be allowed only to provide necessary access, positive site drainage, water quality BMPs, and the installation of utilities, as approved by the Zoning Administrator.
(c) Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected one foot outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.
(3) Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the proposed use or development permitted.
(4) Notwithstanding any other provisions of this division (B) or exceptions or exemptions to this division (B), any land disturbing activity exceeding 2,500 square feet, including construction of all single-family houses, shall comply with the requirements of Chapter 152 of this code.
(5) All existing sewage disposal systems not requiring a VPDES permit shall be pumped out at least once every five years, in accordance with the provisions of the County Health Code. New septic tanks and private sewage plants are not permitted.
(6) For any development or redevelopment, stormwater runoff shall be controlled by the use of BMPs that achieve the following.
(a) For development, the post-development nonpoint source pollution runoff load shall not exceed the predevelopment load, based on a Chesapeake Bay watershed-wide average impervious surface cover of 16%.
(b) For any redevelopment site and for sites within IDAs, the nonpoint source pollution load shall be reduced by at least 10%. The Zoning Administrator may waive or modify this requirement for redevelopment sites that originally incorporated BMPs for stormwater runoff quality control, provided the following provisions are satisfied:
1. In no case may the post-development nonpoint source pollution runoff load exceed the predevelopment load;
2. Runoff pollution loads must have been calculated and the BMPs selected for the expressed purpose of controlling nonpoint source pollution; and
3. If BMPs are structural, evidence shall be provided that facilities are currently in good working order and performing at the design levels of service. The Zoning Administrator may require a review of both the original structural design and maintenance plans to verify this provision. A new maintenance agreement may be required to ensure compliance with this division (B)(6).
(c) For redevelopment, both the pre- and post-development loadings shall be calculated by the same procedures. However, where the design data is available, the original post-development nonpoint source pollution loadings can be substituted for the existing development loadings.
(7) Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the Zoning Administrator, in accordance with § 157.161.
(8) Clearing, land disturbance, or development exceeding 500 square feet on slopes 20% or greater is prohibited.
(C) Buffer area requirements.
(1) To minimize the adverse effects of human activities on the other components of RPAs, state waters, and aquatic life, a 100-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist. The delineation of the 100-foot RPA boundary for the retention of an undisturbed and vegetated 100-foot-wide buffer area with permissibility of only water dependent facilities or redevelopment shall be shown on all plans and plats.
(3) The 100-foot buffer area shall be deemed to achieve a 75% reduction of sediments and a 40% reduction of nutrients.
(4) The buffer area shall be maintained to meet the following additional performance standards.
(a) In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only, as permitted by the Zoning Administrator, to provide for reasonable sight lines, access paths, general woodlot management practices, including those that prevent upland erosion and concentrated flows of stormwater and BMPs, as follows.
1. Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff.
2. Any path shall be constructed and surfaced to effectively control erosion.
3. Dead, diseased, or dying trees or shrubbery and noxious weeds may be removed and thinning of trees may be allowed pursuant to sound horticulture practice as recommended by the town.
4. For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.
(b) When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the Zoning Administrator may allow encroachments into the buffer area in accordance with § 157.161 and the following criteria.
1. Encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities.
2. Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel.
3. The encroachment may not extend into the seaward 50 feet of the buffer area.
(c) Redevelopment within IDAs may be exempt from the buffer area, in accordance with § 157.161. Where possible a buffer area shall be provided in order to remove pollutants and protect water quality. Any and all buffer exemptions are to be granted by the Zoning Administrator.
(1998 Code, § 66-200) (Ord. passed 9-5-2017; Ord. O-2022-01, passed 4-5-2022) Penalty, see § 10.99
(A) The purpose of the water quality impact assessment is to:
(1) Identify the impacts of proposed development on water quality and lands within RPAs and other environmentally sensitive lands;
(2) Ensure that, where development does take place within RPAs and other sensitive lands, it will be in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands;
(3) Protect individuals from investing funds for proposed improvements on lands not suited for such development because of high groundwater, erosion, or vulnerability to flood and storm damage;
(4) Provide for administrative relief from the terms of this section when warranted and in accordance with the requirements contained in this section; and
(5) Specify mitigation that will address water quality protection.
(B) A water quality impact assessment is required for any proposed land disturbance, development, or redevelopment within an RPA, including any buffer area modification or encroachment as provided for in § 157.159; and any development in an RMA, floodplain, area of highly erodible soils, or 20% or greater slopes.
(C) There shall be two levels of water quality impact assessments, minor and major.
(1) Minor water quality impact assessment.
(a) A minor water quality impact assessment pertains only to development within an RPA and its 100-foot buffer strip under the following conditions:
1. No more than 6,000 square feet of land disturbance; and
2. No disturbance of the seaward 50 feet of the 100-foot buffer area.
(b) A minor assessment must demonstrate that the undisturbed buffer area, enhanced vegetative plantings, and any required BMPs will result in removal of no less than 75% of sediments and 40% of nutrients from post-development stormwater runoff. It must also demonstrate that it will retard runoff, prevent erosion, and filter nonpoint source pollution the equivalent of the full undisturbed 100-foot buffer area. A minor assessment shall include a site drawing to scale, which shows the following:
1. Location of the components of the RPA, including the 100-foot buffer area;
2. Location and nature of the proposed encroachment into the buffer area, including: type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites;
3. Type and location of proposed BMPs to mitigate the proposed encroachment;
4. If development is in an IDA, proposed measures to restore all or part of the buffer strip, if possible;
5. Location of existing vegetation on-site, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification; and
6. Re-vegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion, and runoff control.
(2) Major water quality impact assessment.
(a) 1. A major water quality impact assessment shall be required for any development that:
a. Exceeds 6,000 square feet of land disturbance within an RPA or its buffer strip;
b. Disturbs any portion of the seaward 50 feet of the 100-foot buffer area; or
c. Is located in an RMA and includes areas of floodplain, highly erodible soils, or 20% or greater slopes.
2. The information required in this division (C)(2)(a) shall be considered a minimum unless the Zoning Administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land.
(b) The following elements shall be included in the preparation and submission of a major water quality assessment:
1. All of the information required in a minor water quality impact assessment, as specified in this division (C);
2. A hydrogeological element that:
a. Describes the existing topography, soils, hydrology, and geology of the site and adjacent lands; and
b. Describes the impacts of the proposed development on topography, soils, hydrology, and geology on the site and adjacent lands.
3. Indicates the following:
a. Disturbance or destruction of wetlands and justification for such action;
b. Disruptions or reductions in the supply of water to wetland, streams, lakes, rivers, or other water bodies;
c. Disruptions to existing hydrology, including wetland and stream circulation patterns;
d. Source location and description of proposed fill material;
e. Location of dredge material and location of dumping area for such material;
f. Location of and impacts on shellfish beds, submerged aquatic vegetation, and fish spawning areas;
g. Estimation of pre- and post-development pollutant loads in runoff;
h. Estimation of percentage of increase in impervious surface on the site and types of surfacing materials used;
i. Percentage of site to be cleared for the project;
j. Anticipated duration and phasing schedule of the construction project; and
k. Listing of all requisite permits from all applicable agencies necessary to develop the project.
4. Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigation measures include:
a. Proposed erosion and sediment control concepts; concepts may include minimizing the extent of the cleared area, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, schedule and personnel for site inspection;
b. Proposed stormwater management system;
c. Creation of wetlands to replace those lost; and
d. Minimizing cut and fill.
(c) A landscape element that:
1. Identifies and delineates the location of all significant plant material on-site, including all trees six inches or greater DBH. Where there are groups of trees, stands may be outlined;
2. Describes the impacts of the development or use on the existing vegetation, including:
a. General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities;
b. Clear delineation of all trees to be removed; and
c. Description of plant species to be disturbed or removed.
3. Describes the potential measures for mitigation. Possible mitigation measures include:
a. Replanting schedule for trees and other significant vegetation removed for construction, including a list of possible plants and trees to be used;
b. Demonstration that the design of the plan will preserve, to the greatest extent possible, any significant trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation; and
c. Demonstration that indigenous plants are to be used to the greatest extent possible.
(d) Submission and review requirements.
1. Ten copies of all site drawings and other applicable information as required by divisions (C)(2)(c)1. and (C)(2)(c)2. above shall be submitted to the Zoning Administrator for review.
2. All information required in this section shall be certified as complete and accurate by a professional engineer.
3. A water quality impact assessment shall be prepared and submitted to and reviewed by the Zoning Administrator in conjunction with § 157.161.
4. As part of any major water quality impact assessment submittal, the Zoning Administrator may require review by the Chesapeake Bay Local Assistance Department (CBLAD). Upon
receipt of a major water quality impact assessment, the Zoning Administrator will determine if such review is warranted and may request CBLAD to review the assessment and respond with written comments. Any comments by CBLAD will be incorporated into the final review by the Zoning Administrator, provided that such comments are provided by CBLAD within 90 days of the request.
(e) Evaluation procedure.
1. Upon the completed review of a minor water quality impact assessment, the Zoning Administrator will determine if any proposed modification or reduction to the buffer area is consistent with the provisions of this subchapter and make a finding based upon the following criteria:
a. The necessity of the proposed encroachment and the ability to place improvements elsewhere on the site to avoid disturbance of the buffer area;
b. Impervious surface is minimized;
c. Proposed BMPs, where required, achieve the requisite reductions in pollutant loadings;
d. The development, as proposed, meets the purpose and intent of this section; and
e. The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality.
2. Upon the completed review of a major water quality impact assessment, the Zoning Administrator will determine if the proposed development is consistent with the purpose and intent of this section and make a finding based upon the following criteria:
a. The proposed development within the RPA is water dependent;
b. The disturbance of any wetlands will be minimized;
c. The development will not result in unnecessary disruption of the hydrology of the site;
d. The development will not result in unnecessary degradation to aquatic vegetation or life;
e. The development will not result in unnecessary destruction of plant materials on the site;
f. Proposed erosion and sediment control concepts are adequate to achieve the reductions in erosion and minimize off-site sedimentation;
g. Proposed stormwater management concepts are adequate to control the stormwater runoff and achieve the required performance standard for pollutant control;
h. Proposed re-vegetation of disturbed areas will provide effective erosion and sediment control benefits;
i. The development, as proposed, is consistent with the purpose and intent of the overlay district;
j. The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality;
k. The Zoning Administrator shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the Zoning Administrator based on the criteria listed in division (C)(2)(e)1. above and this division (C)(2)(e)2; and
l. The Zoning Administrator shall find the proposal to be inconsistent with the purpose and intent of this section when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the Zoning Administrator based on the criteria listed in division (C)(2)(e)1. above and this division (C)(2)(e)2.
(1998 Code, § 66-201) (Ord. passed 9-5-2017; Ord. O-2022-01, passed 4-5-2022) Penalty, see § 10.99
(A) Any development or redevelopment exceeding 2,500 square feet of land disturbance shall be accomplished through a plan of development process prior to any clearing, grading, or filling of the site or the issuance of any building permit, to assure compliance with all applicable requirements of this subchapter.
(B) In addition to the requirements of this section and Chapters 155 and 156 of this code, the plan of development process shall consist of the plans and studies identified in this division (B). These required plans and studies may be coordinated or combined, as deemed appropriate by the Zoning Administrator. The Zoning Administrator may determine that some of the following information is unnecessary due to the scope and nature of the proposed development. The following plans or studies shall be submitted unless otherwise provided for in this chapter:
(1) A site plan in accordance with the provisions of Chapter 155 of this code or a subdivision plat in accordance with the provisions of Chapter 156 of this code, as necessary;
(2) An environmental site assessment;
(3) A landscaping plan;
(4) A stormwater management plan; and
(5) An erosion and sediment control plan in accordance with the provisions of Chapter 152 of this code.
(C) An environmental site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval.
(1) The environmental site assessment shall be drawn to scale and clearly delineate the following environmental features:
(a) Tidal wetlands;
(b) Tidal shores;
(c) Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;
(d) A 100-foot buffer area located adjacent to and landward of the components listed in divisions (C)(1)(a) through (C)(1)(c) above and along both sides of any waterbody with perennial flow; and
(e) Other sensitive environmental features as determined by the Zoning Administrator.
(2) Wetlands delineations shall be performed consistent with the procedures specified in the current edition of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987, or as determined by the Army Corps of Engineers (ACOE).
(3) The environmental site assessment shall delineate the site-specific geographic extent of the RPA.
(4) The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat and shall be certified as complete and accurate by a professional engineer. This requirement may be waived by the Zoning Administrator when the proposed use or development would result in less than 5,000 square feet of disturbed area.
(5) Any request for exemption from the buffer requirements for properties contained wholly within designated IDAs, as allowed by § 157.159(C)(4), must be submitted in writing with the assessment.
(D) A landscaping plan shall be submitted in conjunction with site plan approval or as part of subdivision plat approval. No clearing, grading, or filling of any lot or parcel shall be permitted without an approved landscaping plan.
(1) Contents of the plan.
(a) The landscaping 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 DBH shall be shown on the landscaping 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 the construction footprint shall be indicated on the plan. Trees to be removed to create a desired construction footprint shall be clearly delineated.
(b) Any required buffer area shall be clearly delineated, and any plant material to be added to establish or supplement the buffer area as required by this subchapter shall be shown.
(c) Within the buffer area, trees to be removed for sight lines, vistas, access paths, and BMPs, as provided for in this subchapter, shall be shown. Vegetation required by this subchapter to replace any existing trees within the buffer area shall also be shown.
(d) Trees to be removed for shoreline stabilization projects and any replacement vegetation required by this subchapter shall be shown on the landscaping plan.
(e) Grade changes or other work adjacent to trees that would affect adversely them. Specifications shall be provided as to how grade, drainage, and aeration will be maintained around trees to be preserved.
(f) Specifications for the protection of existing trees during clearing, grading, and all other phases of construction.
(2) Plant specifications.
(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 AmericanHort.
(c) Where areas that are to be preserved, as designated on an approved landscaping plan, are disturbed or encroached, replacement of existing trees and other vegetation will be achieved at a ratio of one planted tree to one removed. Replacement trees shall be of a similar species, a minimum of 12 feet in height and one and one-half inches DBH at the time of planting.
(3) Maintenance.
(a) The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this subchapter.
(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 for a period of one year after the developer has completed all real estate sales in the developed property. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season, as required by the provisions of this subchapter.
(E) A stormwater management plan shall be submitted in accordance with Chapter 153 of this code in conjunction with site plan or subdivision plan approval. The stormwater management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions, explanations, and citations to supporting references as appropriate to communicate the information required by this subchapter.
(1) At a minimum, the stormwater management plan must contain the following:
(a) Location and design of all proposed stormwater control devices;
(b) Procedures for implementing nonstructural stormwater control practices and techniques;
(c) Pre- and post-development nonpoint source pollutant loadings with supporting documentation of all utilized coefficients and calculations; and
(d) For facilities, verification of structural soundness, including a professional engineer certification.
(2) All engineering calculations must be performed in accordance with procedures outlined in the current edition of the Virginia Stormwater Management Handbook.
(3) The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities including all maintenance requirements and persons responsible for performing said maintenance. If the designated maintenance responsibility is with a party other than the town, a maintenance agreement shall be executed between the responsible party and the town.
(F) An erosion and sediment control plan shall be submitted that satisfies the requirements of this subchapter and in accordance with Chapter 152 of this code, in conjunction with site plan or subdivision plan approval.
(G) Final plans for property within CBPAs shall be final plats for land to be subdivided or site plans for land not to be subdivided as required in Chapters 155 and 156 of this code.
(1) Final plans and plats for all lands within CBPAs shall include the following additional information:
(a) The delineation of the 100-foot RPA boundary for the retention of an undisturbed and vegetated 100-foot-wide buffer area, with permissibility of only water dependent facilities or redevelopment;
(b) The delineation of required buffer areas;
(c) All wetlands permits required by law;
(d) A maintenance agreement, as deemed necessary and appropriate by the Zoning Administrator, to ensure proper maintenance of BMPs in order to continue their functions;
(e) Measures to be taken for the protection of the resource protection areas (RPAs) during clearing, grading, and all other phases of construction. The following notations shall be included.
1. All existing vegetation within the RPA shall remain in its undisturbed natural state, except as allowed by this code.
2. Permissible development in the RPA is limited to water-dependent facilities, redevelopment, or other uses specifically allowed by this code.
(f) Gross acreages of the following physical land units shall be tabulated and computed by accurate planimetric methods at the final plan scale: 100-year floodplains; wetlands; existing water features (bodies of water, drainage channels, streams, and the like); and resource protection areas and resource management areas as specified by this subchapter; and
(g) Buildable areas allowed on each lot based on the performance criteria specified in the Chesapeake Bay Preservation Area regulations; front, side, and rear yard setback requirements established pursuant to this chapter, and any other relevant easements or limitations regarding lot coverage shall be graphically depicted on the site plan.
(2) Installation and bonding requirements are as follows.
(a) Where buffer areas, landscaping, stormwater management facilities, or other specifications of an approved plan are required, no certificate of occupancy shall be issued until the installation of required plant materials or facilities is completed in accordance with the approved site plan.
(b) 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 town a form of surety satisfactory to the Zoning Administrator in an amount equal to the remaining plant materials, related materials, and installation costs of the landscaping or other specifications and/or maintenance costs for any required stormwater management facilities.
(c) All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy, or the surety may be forfeited to the town.
(d) 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 town. The town may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held.
(e) After all required actions of the approved site plan have been completed, the applicant must submit a written request for a final inspection with the as-built site plan or subdivision plan. If the requirements of the approved plan have been completed to the satisfaction of the Zoning Administrator, such unexpended or unobligated portion of the surety held shall be refunded in accordance with Chapters 155 and 156 of this code. The Zoning Administrator may require a certificate of substantial completion from a professional engineer before making a final inspection.
(H) Administration of the plan of development process shall be in accordance with Chapters 155 and 156 of this code.
(1) If the final plan or any component of the plan of development process, as related to this chapter, is not approved by the Zoning Administrator and/or recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the Planning Commission.
(2) The appeal shall be made in writing to the Planning Commission. The Planning Commission shall review the appeal and determine if:
(a) The plan is in accordance with all applicable ordinances and includes the necessary elements to mitigate any detrimental impact on water quality, adjacent properties, and the surrounding area; or
(b) Such plan meets the purpose and intent of the performance standards in this subchapter.
(3) If the Planning Commission finds that the applicant’s plan does not meet the criteria stated in this section, it shall reject the plan. If the applicant’s plan is found to meet the criteria stated in this section, the Planning Commission shall approve the plan.
(1998 Code, § 66-202) (Ord. passed 9-5-2017; Ord. O-2022-01, passed 4-5-2022) Penalty, see § 10.99
(A) The lawful use of a building or structure existing on the effective date of the ordinance from which this section derives or which exists at the time of any amendment to this subchapter, and which is not in conformity with the provisions of the overlay district may be continued in accordance with §§ 157.210 through 157.213.
(B) No change or expansion of use shall be allowed, with the exception that:
(1) The Planning Commission may grant a nonconforming use and development waiver for structures on legal nonconforming lots or parcels to provide for remodeling and alterations to such nonconforming structures, provided that:
(a) There will be no increase in nonpoint source pollution load; and
(b) Any development or land disturbance exceeding 2,500 square feet in area complies with all erosion and sediment control requirement of this subchapter.
(2) An application for a nonconforming use and development waiver shall be made to and upon forms furnished by the Zoning Administrator and shall include, for the purpose of proper enforcement of this section, the following information:
(a) Name and address of the applicant and the property owner;
(b) Legal description of the property;
(c) Type of proposed use and development;
(d) A sketch of the dimensions of the lot or parcel, location of buildings, and proposed additions relative to the lot lines, and boundary of the RPA; and
(e) Location and description of any existing private water supply or sewerage system.
(3) Requests for a nonconforming use and development waiver shall be reviewed by the Planning Commission for compliance with the provisions of this section;
(4) The Planning Commission shall review the nonconforming use and development waiver 12 months from the date issued and shall revoke it by affirmative vote if no substantial work has commenced; and
(5) An application for the expansion of a nonconforming principal structure shall be approved by the Planning Commission if it finds that:
(a) The request for the waiver is the minimum necessary to afford relief;
(b) Granting the waiver will not confer upon the applicant any specific privileges that are denied by this subchapter to other property owners in similar situations;
(c) The waiver is in harmony with the purpose and intent of this subchapter and does not result in water quality degradation;
(d) The waiver is not based on conditions or circumstances that are self-created or self-imposed, either by the current property owner or by a predecessor in title;
(e) Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing degradation of water quality; and
(f) The application does not include any accessory structures.
(1998 Code, § 66-203) (Ord. passed 9-5-2017; Ord. O-2022-01, passed 4-5-2022) Penalty, see § 10.99
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