|
ATTACHMENT
5
Revision
1, February 13, 2008
L& J
Property, LLC Special Exception Conditions
Category 23: Fill or Crossing of
FEMA 100 year Floodplain
1.
This Special Exception is granted for and runs with the land indicated
in this application as PIN 7012-73-5993-000, and is not transferable to
other land.
2.
This Special Exception is granted only for the purpose(s), structure(s)
and/or uses indicated on the Special Exception Plat entitled “Special
Exception Plat Category 23, 28 & 29” dated January 26, 2008 and received
in the Planning Office on January 28, 2008, as approved with this
application, as qualified by these development conditions.
3.
Under no circumstances shall any use, activity, fill, and/or development
within the floodplain adversely affect the capacity of the channels or
floodways of any watercourse, drainage ditch or any other drainage
facility or system that would increase flood heights and/or velocities
on adjacent, upstream or downstream properties.
4.
The crossing shall be designed to accommodate all Federal, State, and
Local requirements.
5.
Applicant shall submit evidence that applicable permits (DEQ, DCR VMRC,
USACOE) have been acquired before any land disturbing activities, for
any work in waters of the US and/or the state, associated with the
Special Exception improvements commence.
6.
Materials and equipment stored in the floodplain shall not be buoyant,
flammable or explosive, and shall not be subject to major damage by
flooding or such materials and equipment must be firmly anchored to
prevent flotation or movement and/or can be readily removed from the
area within the time available after flood warning.
7.
The crossing is to pass no less than the 10-year storm flow.
8.
The road shallould
be
builtreconstructed
above the 10-year water surface elevation.
9.
If the road location in the floodplain changes materially, as
determined by Community Development, from the location shown on the
“Special Exception Plat Category 23, 28 & 29” dated January 26, 2008,
this Special Exception is no longer valid.
10. A
drainage study/analysis using regional regression equations shall
be provided prior to Final Construction Plan or Final Plat approval
demonstrating that the reconstruction of the existing road bed within
the floodplain, including the size of the culvert, will not adversely
affect the capacity of the channels of any water course, drainage ditch
or any other drainage facility or system which would increase flood
heights and/or velocities on adjacent, upstream or downstream properties
unless written permission has been obtained from the affected
property owner and where applicable a flood inundation zone easement has
been obtained.
11. The
Applicant shall test the existing bridge for engineering soundness. If
the bridge needs to be replaced, the replacement shall occur at the
existing location without significant impact on the existing floodplain.
12.
Should the existing bridge need to be replaced, the Applicant shall
comply with Minimum Standard 14 of the Virginia Erosion and Sediment
Control Handbook (VESCH).
13.
Should the existing bridge need to be replaced, the design of the
replacement bridge shall be consistent with the rural characteristics of
the surrounding property(ies).
14. If
this project disturbs more than 10,000 square feet, a land disturbance
permit shall be required.
Category 29: Waiver of the Public Street Requirement
-
This Special Exception is granted for
and runs with the land indicated in this application as PIN
7012-73-5993-000, and is not transferable to other land.
-
This Special Exception is granted
only for the purpose(s), structure(s) and/or uses indicated on the
Special Exception Plat entitled “Special Exception Plat Category 23,
28 & 29” dated January 26, 2008 and received in the Planning Office
on January 28, 2008, as approved with this application, as qualified
by these development conditions.
-
The private street approved with this
Special Exception shall serve no more than seven (7) lots, as
referenced by the Special Exception Plat entitled “Special Exception
Plat Category 23, 28 & 29” dated January 26, 2008.
-
The Applicant shall demonstrate
verification of the creation of a Homeowners Association or Road
Maintenance Agreement prior to approval of the Final Plat.
-
If the existing entrance is used to
access the proposed lots, the entrance will need to be constructed
in accordance with the Minimum Standards of Entrances to State
Highways. They will also need to demonstrate that the entrance
meets sight distance requirements. It appears to meet the minimum
required sight distance, but a sight distance profile will need to
be provided.
-
If this project disturbs more than
10,000 square feet, a land disturbance permit shall be required.
-
The proposed street (whether Type II
or Type III) shall adequately serve the lots to be developed and
provide sufficient emergency vehicle access to the subdivision.
Category 28: Waiver
of the Type I Private Street Requirement
-
This Special Exception is granted for
and runs with the land indicated in this application as PIN
7012-73-5993-000, and is not transferable to other land.
-
This Special Exception is granted
only for the purpose(s), structure(s) and/or uses indicated on the
Special Exception Plat entitled “Special Exception Plat Category 23,
28 & 29” dated January 26, 2008 and received in the Planning Office
on January 28, 2008, as approved with this application, as qualified
by these development conditions.
-
The private street approved with this
Special Exception shall serve no more than seven (7) lots, as
referenced by the Special Exception Plat entitled “Special Exception
Plat Category 23, 28 & 29” dated January 26, 2008.
-
If this project disturbs more than
10,000 square feet, a land disturbance permit shall be required.
-
The
proposed street (whether Type II or Type III) shall adequately serve
the lots to be developed and provide sufficient emergency vehicle
access to the subdivision.
-
In the event that an entrance feature
is to be installed, such entrance feature shall be
constructed of natural materials such as stone or wood and shall not
be lighted except in a manner consistent with similar lighted
entranceways in the near vicinity of the property, not to exceed the
glare restrictions of Section 9-904 of the Zoning Ordinance and all
applicable restrictions in the County lighting ordinance.
-
No street lighting of any kind shall
be installed on the street.
-
Existing
trees on the property shall be preserved in accordance with the
provisions of Section 7-600 et seq. of the Zoning Ordinance.
Existing trees shall be preserved to the maximum extent practicable
except for the construction of house pads, yards, drainfields,
driveways and streets. In lieu of the street tree planting
requirement set forth therein, applicant shall plant 88 trees along
the northern portion of the property in an area to be designated at
the time of construction plan approval. The trees shall generally
meet the standard set forth in Section 7-603(2)(b) of the Ordinance
for street trees and shall be planted either along the northern
property line of the property or at the edge of the northern-most
lots or a combination thereof which is determined to afford the
maximum degree of screening. The trees shall have a minimum 2 ¼
inch caliper at planting and a height at maturity of 15 feet or
more.
|