ORDINANCE

 

A ZONING ORDINANCE TEXT AMENDMENT TO CREATE A NEW SUBSECTION 46 TO SECTION 12-501 REQUIRING SUBMISSION OF A TYPE 1 SOIL REPORT OR A PRELIMINARY SOIL REPORT AS PART OF ALL MAJOR SITE PLANS AND TO CLARIFY WHEN MAJOR SITE PLANS ARE REQUIRED

 

WHEREAS, on September 29, 2005, this text amendment was initiated by the Fauquier County Planning Commission; and

 

WHEREAS on October 27, 2005, the Planning Commission held a public hearing on this issue and forwarded the proposed text amendment to the Board of Supervisors with a unanimous vote recommending its adoption; and

 

WHEREAS, on June 9, 2005 and December 8, 2005, the Fauquier County Board of Supervisors held public hearings on this amendment; and

 

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with public convenience, general welfare, and good zoning practices, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it

 

             ORDAINED by the Fauquier County Board of Supervisors this 8th day of December 2005 that Article 12 of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:

 

ARTICLE 12

 

SITE PLANS

 

PART 1                       12-100    STATEMENT OF INTENT

 

It is the intent of this Article to assure compliance with the applicable ordinances and statutes, to encourage innovative and creative design and facilitate use of the most advantageous techniques in the development of land in Fauquier County, to ensure the efficient use of land and to promote high standards in the layout, design, landscaping and construction of development.

 

 

PART 2                        12-200                       DEVELOPMENT OR USE REQUIRING A SITE PLAN

 

12-201                         No zoning permit for any use for which an "X" appears in the "Site Plan" column in Part 3 of Article 3 shall be issued unless and until a site plan shall have been submitted and approved in accordance with the provisions of this Article 12. 

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 Director.  The site plan requirement may be satisfied by approval of one of the following:

 

1.                  a site plan waiver;

2.                  a minor site plan; or

3.                  a major site plan.

 

The Director shall determine the type of site plan submission required for a particular project based upon the criteria set forth below.

 

 

PART 3                       12-300      SITE PLAN WAIVER

.

12-301 12-202                        Where Site Plans are required under Article 3 and Section 201 of this article, the Director may determine that the purposes of this ordinance and the public interest can be served by approval of a site plan waiver waive the site plan approval requirement where the following criteria are met:

 

1.   No improvement would be required for the proposed use which might involve surety bonding.

 

2.   The proposal will not involve an increase in the intensity of the existing use with respect to entrances, travelways, parking or impact on neighboring lands.

 

3.   The proposal will not result in not more than a 25% increase in either the gross floor area of the structure housing the use or in the outdoor area used.

 

4.   The proposal shall not involve a change in the type of use (as defined by each paragraph-level line item in Part 3 of Article 3).

 

4.5  No approval for the proposal is required by County Ordinances from any state agency (other than Health Department approval for septic/drainfield or well systems).

 

5.6 The requirement for a major or minor site plan would not forward the purposes of this Ordinance or otherwise serve the public interest.

 

12-302                          Application For Site Plan Waiver

 

An application for site plan waiver shall be submitted to the Department of Community Development accompanied by the required fee and a statement describing the proposed use.   No plans are required with the submission except where physical changes to the site (such as construction of parking, other paving or building additions) are planned; where such physical changes are proposed one copy of a clearly legible drawing showing the proposed physical improvements to scale shall be provided with the application.

 

[12-303 Same]

 

PART 4                       12-400             MINOR SITE PLAN

 

12-401                         Where Site Plans are required under Article 3 and Section 201 of this article, the director may determine that the purposes of this ordinance and the public interest can be served by submission and approval of a minor site plan.  Any project with less than 10,000 sq.ft. of land disturbance will be authorized for minor site plan approval unless it involves extensive or unusual engineering, as determined by the Director. 

 

 

12-402                         Application for a Minor Site Plan

In cases where the Director approves submission of a minor site plan, the following processing and application process shall be required unless waived or modified under provisions of Section 12-703 of this Ordinance.

 

1.   A pre-application meeting between the applicant and the staff of the Department of Community Development shall be held.

 

2.   The applicant shall present at the pre-application meeting a preliminary or sketch site plan showing:

 

A.  Boundary lines of subject property;

 

B.   Existing land conditions and existing topography at a maximum of ten (10) foot contour intervals;

 

B.C. General layout design of proposed development on a scale not smaller than one (1) inch equals one hundred (100 feet);

 

C.D. General parking and landscape layout;

 

D.E. Building setback lines; and

 

E.F. Zoning on subject and adjacent parcels.

 

3.  Following the pre-application meeting, a minor site plan may be submitted to the Department of Community Development at any time.  An application for minor site plan shall be submitted to the Department of Community Development accompanied by the required fee and six copies of the site plan.  The number of copies and the scale of the minor site plan applications shall meet the following requirements and contain the following information unless waived or modified by the Director:

 

A.1.     Location of tract or parcel by vicinity map at a scale of one (1) inch equals 2,000 feet, and landmarks sufficient to properly identify the location of the property.

 

A.2.     TheA boundary survey of the tract or site plan limit, with an error of closure within the limit of one in ten thousand (10,000), related to the true meridian, showing the location and type of boundary evidence and the area of the site.

 

B.3.     A certificate signed by the engineer or surveyor setting forth the source and title of the owner of the tract, The owner's name and the place of record of the last instrument in the chain of title (including deed book and page number).

 

C.4.     Existing and proposed streets and easements, their names, numbers and width, existing and proposed utilities of all types, water courses and their names, owner, zoning and present use of adjoining tracts.

 

D.5.     Location, type and size of ingress and egress of the site.

 

E.6.      Location, type, size and height of all fencing, screening and retaining walls where required under the provisions of applicable ordinances.

 

F.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 Ordinance.  All spaces shall have adequate space for moving and turning.

 

G.8.     Number of floors, floor area, height and location of each building, and proposed general use for each building - if single family detached or multi-family, the number, size and type of dwelling units shall be shown.

 

H.9.     Front elevations shall be shown to scale or other information sufficient to document proposed height of buildings.

 

I.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 and sewer system.

 

J.11.    Adequate provision for the disposition of natural and storm water with respect to quality and quantity, where disturbance exceeds 10,000 square feet.

 

K.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, where disturbance exceeds 10,000 square feet.

 

L.13.    Existing topography accurately shown with a maximum of two (2) foot contour intervals at a scale of not less than fifty (50) feet to the inch.

 

M.14.  Proposed finished grading by contour supplemented where necessary by spot elevations.

 

N.15.   All horizontal dimensions shown on the site development plan shall be in feet and decimals of a foot to be closest to one hundredth of a foot, and all bearings in degrees, minutes and seconds to the nearest ten seconds.

 

O.16.   A landscape design plan, based upon accepted professional design layouts and principles, may be  if required by the Director and shall be submitted.

 

P.17.    Written and signed statements from the appropriate officials concerning the availability of gas, electricity, water and sewer to the project.

 

Q.18.   Site plans for the expansion of an existing use on the same lot or onto an adjacent lot will show all existing facilities as well as those proposed.

 

19.    Bond estimates for the construction of required physical improvements within a public right-of-way or easement, or required improvements that will be connected to any public facility.

 

4.      12-303Upon receipt of a minor site plan application the Director or his designated agents shall determine within seven working days if the application materials meet the submission requirements.  If they do, the application shall be termed officially filed and the Director shall have twenty-one working days from the date of official filing to approve, approve with conditions or deny the minor site plan.  If the application is incomplete, it shall be returned to the applicant for corrective action.

 

[12-403 through 12-407 – Same]

 

PART 5                        12-500400     MAJOR SITE PLAN SUBMISSION AND PREPARATION PROCEDURE

 

12-501                         Unless a site plan waiver or minor site plan application has specifically been authorized pursuant to Sections 201 and 301 of this article, a major site plan is required for all other uses where site plans are required under Article 3 and Section 201 of this article.  Any project with 10,000 sq.ft. or more of land disturbance will typically require a major site plan. 

 

 

12-502                           Application For A Major Site Plan

 

                                    The following processing and application process shall be required unless waived or modified under provisions of Section 12-703 of this Ordinance.

 

 

                                    1.         An application for major site plan approval shall be submitted to the Department of Community Development accompanied by twelve (12) ten (10) clearly legible blue or black line copies of plans and support materials required by this Ordinance and by the rules of the Director and accompanied by the required fee.  The applicant shall provide, at the time of submission proof that all owners of property adjacent to the real property, upon which the site plan has been submitted, have been notified that a site plan has been submitted.  Said notice shall include a description of the property covered by the site plan, the proposed use to be made of the property under the site plan, a statement that a copy of the proposed plan can be reviewed at the Department of Community Development, and that comments on the proposed site plan can be made to the Director of Community Development or his designee.  The submission shall be considered officially filed once approved by the Director in accordance with Section 12-402 of this Ordinance.

 

2.                  12-402 The Director shall have seven (7) days to review the application, plans, and support materials in order to determine that the submission and content requirements have been met.  No application shall be submitted without the required support materials including applicable review agency approvals for construction plans, profiles, and bond estimates.  Once the application is reviewed, written notification of the rejection of the submission shall be sent to the applicant by mail not later than ten (10) days after the date of submission.  If accepted, the submission shall be officially filed.  If rejected, the submission package will be returned to the applicant with a list of deficiencies which the applicant may correct.  Upon review and acceptance of the corrected submission, the application shall be considered officially filed.  If rejected again, the submission package will be returned as stated above.

 

3.                  12-403The 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 and .Major site plans shall be certified by an architect, engineer, or land surveyor within the limits of their respective licenses authorizing them to practice by the State of Virginia.

 

4.                  12-404The 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 (4) inches by four (4) inches in size on the plan face for the use of the approving authority.

 

5.                  12-405 The site plan shall be prepared to the scale of one (1) inch equals fifty (50) feet or larger; no sheet shall exceed forty-two (42) inches in size.

 

6.                  12-406 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.

 

7.                  12-407 Profiles shall be submitted for all sanitary and storm sewers, streets and curbs adjacent thereto, and other utilities, and shall be submitted on standard federal aid plan and profile sheets.  Special studies as required may be submitted on standard cross section paper and shall have a scale of one (1) inch equals fifty (50) feet horizontally and one (1) inch equals five (5) feet vertically.  No sheet size shall exceed forty-two (42) inches.  Required floodplain limit studies be shown on profile sheets with reference to properties affected and centerline of stream.

 

PART 5                                   12-500             SPECIFIC ITEMS TO BE SHOWN ON major SITE PLANS

 

12-5031                       Specific Items To Be Shown on Major Site Plans

 

Every major site plan submission as hereafter provided shall contain the following information and specific items:

 

1.   The type of use and zoning category (see Section 3-300 of this Ordinance) under which the proposed development is being filed, the zoning and present use of the subject and adjacent parcels, and the minimum requirements as stated in Part 4 of Article 3 of this Ordinance.

 

2.   The general notes shall indicate whether the development is allowed by-right or whether a Special Permit or Special Exception is required.  The date such permits were approved and all required conditions shall be shown on the plan. If the property is subject to zoning proffers, a copy of the zoning proffers shall also be shown on the plan.  The applicant is required to explain, in written form, how the proposed site plan meets each applicable special permit and special exception condition and each proffer statement.

 

3.   Location of tract or parcel by vicinity map at a scale of one (1) inch equals 2,000 feet, and landmarks sufficient to properly identify the location of the property.

 

4.   A boundary survey of the tract or site plan limit, with an error of closure within the limit of one in ten thousand (10,000), related to the true meridian, showing the location and type of boundary evidence and the area of the site.

 

5.   A certificate signed by the engineer or surveyor setting forth the source and title of the owner of the tract, the owner's name and the place of record of the last instrument in the chain of title (including deed book and page number).

 

6.   Existing and proposed streets and easements, their names, numbers and width, existing and proposed utilities of all types, water courses and their names, owner, zoning and present use of adjoining tracts.

 

7.   Location, type and size of ingress and egress of the site.

 

8.   Location, type, size and height of all fencing, screening and retaining walls where required under the provisions of applicable ordinance.

 

9.   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 Ordinance.  All spaces shall have adequate space for moving and turning.  Handicap parking spaces shall be in addition to parking requirements specified elsewhere in this Ordinance.

 

10. Number of floors, floor area, height and location of each building, and proposed general use for each building - if single family attached or multi-family, the number, size and type of dwelling units shall be shown.

 

11. Front elevations shall be shown to scale.

 

12. 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 public or central water and sewer system.

 

13. Adequate provision for the disposition of natural and stormwater with respect to quality and quantity.  Direction and type (concentrated, sheet, etc.) of drainage from any storm water control structures.  Where drainage does not discharge directly into an existing drainage-way, drainage easements where necessary shall be obtained from adjacent property owners.

 

14. 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.

 

15. Existing topography accurately shown with a maximum of two (2) foot contour intervals at a scale of not less than fifty (50) feet to the inch.

 

16. Proposed finished grading by contour supplemented where necessary by spot elevations.

 

17. All horizontal dimensions shown on the site development plan shall be in feet and decimals of a foot to be closest to one hundredth of a foot, and all bearings in degrees, minutes and seconds to the nearest ten seconds.

 

18. A landscape design plan, based upon accepted professional design layouts and principles, may be required by the Director and shall be submitted.

 

19. Written and signed statements from the appropriate officials concerning the availability of gas, electricity, water and sewer to the project.

 

20.  Site plans for the expansion of an existing use on the same lot or onto an adjacent lot will show all existing facilities as well as those proposed.

 

21. Right-of-way lines, centerlines, departing lot lines, lot numbers, subdivision limits, limits of construction, and building location.

 

22. Centerline curve data, including delta radius arc and cord and tangent.

 

23. Radius of all curb returns to face of curb.  On streets where curb and gutter are not required, indicate radius to edge of bituminous treatment.

 

24. Street names and state route numbers on all existing streets in vicinity.

 

25. The edge of proposed street surface or the face of curb, as the case may be, for full length of all streets.

 

26.  The width of rights-of-way and all easements, and the width of surface or distance between curb faces and relation to centerline.  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.

 

27. When proposed streets intersect with or adjoin 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.

 

28. Existing and proposed drainage easements and the direction of drainage flow in streets, storm sewer, valley gutters, streams and sub-drainage, etc.

 

29. All water mains, sizes, valves, fire hydrant locations.

 

30. All sanitary and storm sewers and appurtenances, identifying appurtenances by type and number; the station on the plan must conform to the station shown on the profile.  Indicate the top and invert elevation of such structure.

 

31. The contributing drainage area in acres (statistically).  Show all culvert, pipe curb inlets and other entrances exclusive of driveway pipes.

 

32. Floodplain limits which shall be established by current soil survey and/or engineering methods.

 

33. The location of all or any springs either within or draining to street right-of-way and indicate proposed method of treatment.

 

34. The location of the streams or drainage ways related to the street construction as proposed by the developer and proposed drainage ditches or stream relocation.  Easements shall not be considered part of the street right-of-way.  Furnish detailed typical drainage section and type of stabilization to be provided.  Type of stabilization to be approved by the Director and the resident engineer for the VDOT.

 

35. Type or class of concrete or treated metal drainage pipe to be installed and paved roadside ditches as required.

 

36. Location of no-through street signs where required on cul-de-sac streets or temporary cul-de-sac streets.

 

37. The proper driveway entrance type, computed culvert size, and/or VDOT design designation.

 

38. Provision at ends of curb and gutter for erosion control.

 

39. Typical street sections to be used on the site development plan.

 

40. Symmetrical transition of pavement at intersection with existing street.  Indicate road edge delineators.

 

41. Connection to proposed VDOT construction when necessary.

 

42. A minimum of two (2) datum references for elevations used on plans and profiles and correlation, where practical, to U.S. Geological Survey datum.

 

43. Any necessary notes that may be required to explain the intent and purposes of specific items on the plan or profile.

 

44. All existing individual trees (by common name) with greater than six inch caliper, tree masses covering an area of over 1,000 sq. ft. and rock outcrops with an area of over 100 sq. ft.

 

45.  Wells on adjoining property and within five hundred (500) feet of the subject parcel's property lines shall be indicated when water on the subject parcel is to be provided by an on-site well.

 

46.  A Type 1 Soil Report prepared by the Fauquier County Soil Scientist’s Office or a Preliminary Soil Report prepared by a certified professional soil scientist, such reports to be consistent with the standards found in Fauquier County Subdivision Ordinance Section 9.5(C).

 

            [12-601 through 12- 707 – Same]