2013-07-17 MinutesBOARD OF SUPERVISORS
MINUTES
July 17, 2013
Supervisors in Attendance:
Ms. Dorothy A. Jaeckle, Chair
Mr. Stephen A. Elswick, Vice Chrm.
Mr. Arthur S. Warren
Mr. Daniel A. Gecker
Supervisor Absent:
Mr. James Holland
Mr. James J. L. Stegmaier
County Administrator
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Staff in Attendance:
Mr. Mike Bacile, Dir.,
Purchasing
Dr. Sheryl Bailey, Dep.
County Administrator,
Management Services
Ms. Janice Blakley,
Clerk to the Board
Ms. Patsy Brown, Dir.,
Accounting
Mr. Kevin Brunt', Chief
Learning Officer
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Mr. Barry Condrey, Chief
Information Officer
Mr. Roy Covington, Dir.,
Utilities
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. William Dupler, Dep.
County Administrator,
Community Development
Mr. Robert Eanes, Asst. to
the County Administrator
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III,
Registrar
Mr. John W. Harmon,
Real Property Manager
Mr. Garret Hart, Asst. Dir.,
Economic Development
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Mr. Michael Likins,
Coop. Extension Director
Mr. Mike Mabe, Director,
Libraries
Ms. Mary Martin Selby,
Dir., Human Resource
Services
Mr. R. John McCracken,
Dir., Transportation
Mr. Jeffrey L. Mincks,
County Attorney
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Ms. Chris Ruth, Asst. Dir.,
Public Affairs
Ms. Marsha Sharpe, Dir.,
Social Services
Mr. Scott Smedley, Dir.,
Environmental Engineering
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
Mr. Mike Westfall, Dir.,
Internal Audit
Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Ms. Jaeckle called the regularly scheduled meeting to order
at 3:01 p.m.
Ms. Jaeckle noted Mr. Holland's absence from the meeting.
1. APPROVAL OF MINUTES FOR JUNE 26, 2013
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
approved the minutes of June 26, 2013, as submitted.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier was happy to report that he has been
informed by the Center for Digital Government of this
month's winners of its annual Digital Counties Survey
and Chesterfield County ranked FIRST among counties with
populations of 250,000 to 499,000. He stated
Chesterfield has placed in the top 10 four times. He
further stated the competition is a collaborative effort
by the Center for Digital Government, Government
Technology and the National Association of Counties.
• Mr. Stegmaier reported that Mr. Greg Allen from the
Planning Department was named as the Chesterfield
Chamber of Commerce July "Member of the Month." He
stated Mr. Allen was nominated for his work with the
Chesterfield Chamber to help meet the business needs of
the committee with regards to the banner ordinance and
for his ability to provide guidance and assistance
without directing the decisions of the committee.
• Mr. Stegmaier was happy to report that last week the
Governor announced a significant expansion of bike
trails and addition of a bike pavilion at Pocahontas
State Park. He stated the new center will be a
significant contribution to Chesterfield County's
expanding sports tourism industry.
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2.B. VIRGINIA'S GATEWAY REGION UPDATE
Ms. Renee Chapline, Executive Director of Virginia's Gateway
Region, presented an update to the Board on activities of the
economic development organization, which serves the cities of
Petersburg, Hopewell and Colonial Heights, and the counties
of Chesterfield, Dinwiddie, Prince George, Surry and Sussex.
In response to Mr. Gecker's question, Ms. Chapline stated she
would be willing to meet with Mr. Greg Wingfield, president
and chief executive officer of the Greater Richmond
Partnership, Inc., to coordinate efforts relative to young
leadership and workforce initiatives in the region.
2.C. CHESTERFIELD DEVELOPMENT INFORMATION SYSTEM UPDATE
Ms. Sytira Saunders, Planner, provided an update on customer
service and other processing enhancements for the community
with upgrades to the Chesterfield Development Information
System. She stated the Planning Department and IST developed
web-based programs allowing electronic submission and
tracking of zoning applications. She further stated the new
processes allow customers to complete a rezoning application,
attach documents and submit the completed application
electronically.
In response to Mr. Elswick's question, Ms. Saunders stated
feedback from customers has been mostly positive.
Mr. Gecker stated there seems to be a fair amount of
confusion about what staff is doing in regards to any
potential updates or consideration of changes to the proffer
policy..
In response to Mr. Gecker's question, Mr. Stegmaier stated
the Board directed staff to look at various items, such as
multifamily; Marshall & Swift Index; and flexibility in the
existing policy, and come back before the Board with some
recommendations. He further stated language changes are
apparent relative to the Marshall & Swift Index. He noted
staff will have a recommendation prepared for the August
meeting. He stated there were other items including
flexibility around quality standards, looking at differential
geographic areas and the differential impact that development
has on different areas of the county, which are somewhat more
complicated and are going to require additional staff work in
order to address those items; therefore, a firm date has not
been set to present that information to the Board. He further
stated there has been some confusion around the flexibility
that is built into the existing policy, which allows staff to
work with the development community when developers feel
there are unique circumstances to their cases.
In response to Mr. Gecker's question, Mr. Stegmaier stated
there have already been cases that have come before the Board
where the applicant was seeking a differential proffer and
because of the issues, the Board has asked staff to study. He
further stated the Board will not expect significant changes
to the policy in the short run.
Mr. Elswick noted the Board also directed staff to research
flexibility within the existing proffer policy.
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3. BOARD MEMBER REPORTS
There were no Board Member Reports at this time.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Warren, seconded by Mr. Elswick, the Board
deleted Item 5.C., Resolution Recognizing Corporal Michael D.
Nash, Police Department, Upon His Retirement.
Ayes: Jaeckle,
Nays: None.
Absent: Holland.
5. RESOLUTIONS
Elswick, Warren and Gecker.
5.A. RECOGNIZING MR. TOM B. HOEKSTRA AS CHESTERFIELD
COUNTY'S 2013 TREASURED VOLUNTEER
Ms. Martin introduced Mr. Tom B. Hoekstra, who was present to
receive the resolution.
On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, Mr. Tom Hoekstra is recognized as a volunteer
and a valued contributor to Chesterfield County's Police
Department; and
WHEREAS, Mr. Hoekstra exemplifies dedication and
customer service while volunteering as a Motorist Assistant;
and
WHEREAS, Mr. Hoekstra displays a sincere desire to help
along with enthusiasm that has been noted by the citizens he
has assisted; and
WHEREAS, Mr. Hoekstra has consistently provided a
positive impression of the Police Department during his
volunteer tenure of eleven years and continues to do so; and
WHEREAS, Mr. Hoekstra supports internal police
operations by maintaining a monthly schedule for the team, as
well as monitoring and inspecting vehicles and equipment; and
WHEREAS, Mr. Hoekstra serves as a powerful advocate for
the Motorist Assistance Team and the Police Department.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 17th day of July 2013,
publicly recognizes Mr. Tom Hoekstra, as Chesterfield
County's 2013 Treasured Volunteer.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Hoekstra and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
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Mr. Elswick presented the executed resolution to Mr. Hoekstra
and commended him on his dedicated service to the Motorist
Assistance Team and the Police Department.
Mr. Hoekstra expressed his appreciation to the Board for the
special recognition.
Mr. Stegmaier commended Mr. Hoekstra for serving as a
powerful advocate for the Police Department.
5.B. RECOGNIZING MRS. JUDITH B. BRADLEY, ASSISTANT
REGISTRAR, UPON HER RETIREMENT
Mr. Haake introduced Mrs. Judith B. Bradley, who was present
to receive the resolution.
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, Mrs. Judith Byrd Bradley served the citizens of
Chesterfield County for more than 26 years until her
retirement on July 1, 2013; and
WHEREAS, Mrs. Bradley began her public service as a
part-time assistant in the Chesterfield County General
Registrar's office in February 1987; and
WHEREAS, she was always available and ready to assist as
voter registration activity increased and an election
approached; and
WHEREAS, in 1997, Mrs. Bradley became a permanent
Assistant Registrar with implementation of the National Voter
Registration Act (NVRA); and
WHEREAS, she rapidly involved herself in processing the
12,000-plus voter address verification forms required by
NVRA; and
WHEREAS, Mrs. Bradley also assumed key administrative
duties, such as procurement and payroll; and
WHEREAS, she was assigned and carried out the important
task of processing absentee ballot requests for our
Chesterfield citizens serving in the United States Armed
Forces around the world; and
WHEREAS, Mrs. Bradley was active as the Registrar's
representative for the Chesterfield Employees Association and
in other activities sponsored by the county.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 17th day of July 2013,
publicly recognizes Mrs. Judith Byrd Bradley, and expresses
their profound appreciation for her dedicated service to the
citizens of Chesterfield County in voter registration and
elections.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mrs. Bradley and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
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Ms. Jaeckle presented the executed resolution to Mrs. Bradley
and commended her on her many years of loyal and dedicated
service.
Mrs. Bradley expressed her appreciation to Mr. Haake and the
Board for the special recognition.
Mr. Stegmaier presented Mrs. Bradley with an acrylic statue
and county watch and expressed appreciation for her
outstanding service to the county.
6. WORK SESSIONS
6.A. REVIEW OF 2013 GENERAL ASSEMBLY LEGISLATION
Mr. Mincks summarized 2013 General Assembly legislative
changes requiring Board action, as well as optional
legislative changes permitting Board action, and provided
staff's recommendations for the legislative changes.
In response to Mr. Gecker's question, Mr. Mincks stated under
current real estate land use taxation law, the imposition of
roll-back taxes is mandatory whenever real property is zoned
to a more intensive use. He further stated the Board can
enact an ordinance providing that roll-back taxes are not
imposed solely because of a change in zoning to a more
intensive use, such real estate may remain eligible for use
value assessment and taxation as long as the use by which it
qualified does not change to a non-qualifying use, and no
roll-back tax shall become due until such time as the use by
which it qualified changes to a nonqualifying use.
In response to Mr. Gecker's question related to imposition of
a penalty upon the owner of a motor vehicle who has failed to
register the motor vehicle in Virginia, Mr. Mincks stated
this legislation authorizes localities by ordinance to impose
a penalty of up to $250 on the owner of a motor vehicle who,
following the end of a 30-day residency period in Virginia,
fails to register the vehicle in Virginia.
In response to Mr. Warren's question, Mr. Mincks stated the
issue seems to be the question of whether there is enough
revenue available to bear the cost in order to put the
program in place.
In response to Mr. Gecker's question relative to new state
law provisions applicable to records of identification to be
maintained by precious metal dealers and pawnbrokers, Mr.
Mincks stated this legislation requires pawnbrokers and
precious metals dealers to take a digital photograph of the
form of identification used by the person pawning or selling
his goods and requires the identification to include a
photograph of the person. He further stated the county is not
required to include these requirements; however, the Police
Department requests that these new provisions be added to the
County Code to assist police officers with the day-to-day
administration and enforcement of the law.
On motion of Mr. Gecker, seconded by Mr. Elswick, the Board
set the date of August 28, 2013 as public hearings to
consider amending the County Code (a) to consider the
exemption of licensing taxes on motor vehicles that are
stored on private property for restoration or repair or to
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remove parts for the repair of another vehicle; (b) to
consider replacing the local exemption from compliance with
food regulations for concession stands at youth athletic
activities with a state law exemption; (c) to comply with new
requirements applicable to the Board of Equalization; and (d)
to consider including new state law provisions applicable to
records of identification to be maintained by precious metals
dealers and pawnbrokers.
And, further, the Board referred to the Planning Commission
for recommendation legislative changes relative to: amending
the County Code to reflect the General Assembly's revised
definition of temporary family health care structures.
And, further, the Board referred to the County Attorney's
Office and Building Inspection Department for consideration
and report back to the Board on or before October 9, 2013,
the optional legislative change to amend the County Code to
grant the county the authority to remove certain derelict
nonresidential structures, with the owner's consent, and to
file a lien against the property for the costs of removal.
not change the use of the property.
And, further, the Board referred to the Budget and
Management, the County Attorney and the Real Estate Assessor
for further study and recommendation, an optional legislative
change to amend the County Code to eliminate the imposition
of roll-back taxes when the owner of real property that
qualifies for special land use real estate taxation has the
property rezoned to a specific more intensive use but does
And, further, the Board referred to Budget and Management and
Economic Development for further study and recommendation,
the optional legislative change to amend the County Code to
create a separate personal property tax classification for
computer equipment and peripherals used in a data center.
And, further, the Board referred to the License Inspector to
study, the optional legislative change to amend the County
Code to impose a penalty of up to $250 upon the owner of a
motor vehicle who has failed to register the motor vehicle in
Virginia.
And, further, the Board referred to the Real Estate Assessor
to study, the optional legislative change to amend the County
Code to allow property owners or lessees to electronically
submit applications for relief to the Board of Equalization.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
7. DEFERRED ITEMS
7.A. 13SN0507
In Midlothian Magisterial District, Ryann Barnum requests
conditional use approval and amendment of zoning district map
to permit a residential stock farm (chickens) in a
Residential (R-40) District on 2 acres known as 2221 Swamp
Fox Road. Density will be controlled by zoning conditions or
ordinance standards.
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Mr. Decker stated the Planning Department has prepared a memo
suggesting changes to the ordinance. He further stated if the
Board is serious about taking a look at the issue of whether
chickens are allowed as a matter of right in residential
areas it would be unjust to hear the case if the ordinance
was changed to have a contrary result to the outcome of the
case. He requested feedback from other Board members.
Ms. Jaeckle stated there should be a certain degree of
flexibility relative to the ordinance. She further stated
changes to the ordinance should reflect what the community
desires. She questioned the imposition of chickens on
neighbors. She recommended deferring the case for an
extensive amount of time to allow staff to gather more
information.
Mr. Elswick and Mr. Warren both stated they would support the
decision to defer the case.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
deferred Case 13SN0507 for six months until the January 2014
regularly scheduled meeting.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Mr. Gecker, seconded by Mr. Elswick, the Board
suspended its rules at this time to allow for simultaneous
nomination/appointment to the Parks and Recreation Advisory
Commission.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.A.1. PARKS AND RECREATION ADVISORY COMMISSION
On motion of Mr. Gecker, seconded by Mr. Elswick, the Board
simultaneously nominated/appointed Mr. Michael M. Hairfield,
representing the Midlothian District, to serve on the Parks
and Recreation Advisory Commission, whose term is effective
immediately and will expire December 31, 2015.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.B. STREETLIGHT INSTALLATION APPROVALS
On motion of Mr. Gecker, seconded by Mr. Elswick, the Board
approved the following streetlight:
• In the Rosemont subdivision, in the vicinity of
14612/14618 Lander Road
Cost to install streetlight: $1,561.53
Ayes: Jaeckle, Elswick, Warren and Decker.
Nays: None.
Absent: Holland.
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8.C. CONSENT ITEMS
8.C.1. ADOPTION OF RESOLUTIONS RECOGNIZING COUNTY EMPLOYEES
UPON THEIR RETIREMENT
8.C.i.a. MASTER DEPUTY WALLACE V. CLARK, SHERIFF'S OFFICE
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Master Deputy Wallace Vaughan Clark has
faithfully served Chesterfield County for 26 years; and
WHEREAS, Deputy Clark was hired on July 30, 1984, and
was assigned to the Chesterfield County Jail; and
WHEREAS, Deputy Clark left the Chesterfield County
Sheriff's Office in 1987 to explore career opportunities in
the private sector; and
WHEREAS, Deputy Clark rejoined the Chesterfield County
Sheriff's Office in December 1989; and
WHEREAS, Deputy Clark demonstrated further commitment to
protecting the citizens of Chesterfield County by serving on
the Sheriff's Office Special Operations Response Team (SORT)
and was one of the first and original members; and
WHEREAS, Deputy Clark was transferred to the
Classification Unit in October 1992; and
WHEREAS, Deputy Clark was instrumental in preparing the
Classification Unit for the transition to the new jail
facility, where he served faithfully until his retirement;
and
WHEREAS, in June 2012, Deputy Clark met all requirements
necessary to qualify as a Master Deputy; and
WHEREAS, Master Deputy Clark has aided in ensuring that
employees of the Sheriff's Office meet the highest standards
by serving as a field training officer; and
WHEREAS, Master Deputy Clark received numerous letters
of appreciation and commendations for his dedication and
service to the employees and citizens of Chesterfield County.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Master Deputy Wallace Vaughan Clark,
expresses the appreciation of all residents for his service
to Chesterfield County, and extends appreciation for his
dedicated service to the county and congratulations upon his
retirement, as well as best wishes for a long and happy
retirement.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
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8.C.1.b. MRS. ELLEN ROBINSON, MENTAL HEALTH SUPPORT SERVICES
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Mrs. Ellen Robinson has provided 20 years of
dedicated and faithful service to Chesterfield County and has
devoted herself to supporting the mission of the Chesterfield
Community Services Board and the Department of Mental Health
Support Services; and
WHEREAS, Mrs. Robinson began her career providing
excellent administrative support to the Department of Mental
Health Support Services, as a Senior Office Assistant; and
WHEREAS, Mrs. Robinson completed the Supervisory
Leadership Institute in 2004 in the School of Quality and
Continuous Improvement and graduated from the TQI University
in February 2004; and
WHEREAS, Mrs. Robinson served on the Diversity
Committee, Employee Activity Committee, Customer Service
Committee, Environmental Safety Committee and Trauma Informed
Committee; and
WHEREAS, Mrs. Robinson provided excellent customer
service to more than 50 staff persons in the areas of
Substance Abuse, CAST and Outpatient programs; and
WHEREAS, Mrs. Robinson served as the departmental
liaison for the county's blood drives; and
WHEREAS, Mrs. Robinson served as the health and safety
person assigned to inspect the Rogers Building, as well as
all first aid kits; and
WHEREAS, Mrs. Robinson used her experience and skills to
effectively train numerous administrative support employees
and provide guidance to van drivers; and
WHEREAS, Mrs. Robinson ensured all vehicle checks were
completed for a fleet of vehicles for the Mental Health
Department; and
WHEREAS, Mrs. Robinson made hundreds of calls to
consumers to conduct post-discharge surveys.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Mrs. Ellen Robinson, and extends appreciation for her 20
years of dedicated service to the county, congratulations
upon her retirement, and best wishes for a long and happy
retirement.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.i.c. MRS. REBECCA H. HYPES, POLICE DEPARTMENT
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Mrs. Rebecca H. Hypes retired from the
Chesterfield County Police Department on June 17, 2013, after
providing more than 32 years of outstanding quality service
to the citizens of Chesterfield County; and
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WHEREAS, Mrs. Hypes began her career as a Clerk Typist
III and has faithfully served the county in the capacity of
Senior Clerk Typist/Receptionist, Secretary and School
Crossing Guard; and
WHEREAS, during her tenure, Mrs. Hypes was repeatedly
commended for her teamwork and professionalism in each
position that she held; and
WHEREAS, Mrs. Hypes used her creativity in developing
various documents used to enhance the effective and efficient
operation of the Support Services Unit; and
WHEREAS, by providing quality public service, Mrs. Hypes
has helped to provide a safe and secure community for the
citizens of Chesterfield County, and has symbolized the type
of employee Chesterfield County seeks; and
WHEREAS, Mrs. Hypes has exemplified community policing
at its best through her concern for children, her willingness
to listen and provide information to the citizens, and her
exceptional dedication to her position regardless of the
weather conditions; and
WHEREAS, Mrs. Hypes has provided the Chesterfield County
Police Department with many years of loyal and dedicated
service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mrs. Hypes' diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Rebecca H. Hypes,
and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for her service to the
county, congratulations upon her retirement, and best wishes
for a long and happy retirement.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.l.d. MRS. JUNE I. JONES, POLICE DEPARTMENT
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, Mrs. June I. Jones retired from the
Chesterfield County Police Department on June 25, 2013, after
providing more than 36 years of outstanding quality service
to the citizens of Chesterfield County; and
WHEREAS, Mrs. Jones began her service as a School
Crossing Guard with the city of Richmond in 1970 and
continued her passion for her profession when she became
employed as a School Crossing Guard for Chesterfield County
in 1976; and
WHEREAS, Mrs. Jones also served the Police Department in
the capacity of a Senior Clerk Typist/Receptionist; and
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WHEREAS, Mrs. Jones has received letters of thanks and
appreciation for excellent safety presentations given at
various schools and safety events; and
WHEREAS, by providing quality public service, Mrs. Jones
has helped to provide a safe and secure community for the
citizens of Chesterfield County, and has symbolized the type
of employee Chesterfield County seeks; and
WHEREAS, Mrs. Jones has exemplified community policing
at its best through her concern for children, her willingness
to listen and provide information to the citizens, and her
exceptional dedication to her position regardless of the
weather conditions; and
WHEREAS, Mrs. Jones has provided the Chesterfield County
Police Department with many years. of loyal and dedicated
service; and
WHEREAS, Chesterfield County -and the Board of
Supervisors will miss Mrs. Jones' diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. June I. Jones,
and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for her service to the
county, congratulations upon her retirement, and best wishes
for a long and happy retirement.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.2. AUTHORIZATION TO SUBMIT GRANT APPLICATION TO THE
UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF
JUSTICE ASSISTANCE, FY2013 JUSTICE ASSISTANCE GRANT
PROGRAM
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
authorized application to the U.S. Department of Justice,
Bureau of Justice Assistance, FY2013 Justice Assistance Grant
Program and authorized the County Administrator to execute
all applicable documents and upon approval appropriate up to
$59,485.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.3. AWARD OF CONTRACT TO PYRAMID ELECTRICAL CONTRACTORS,
LLC FOR THE REPLACEMENT OF UNINTERRUPTIBLE POWER
SUPPLY SYSTEMS AND POWER DISTRIBUTION UNITS FOR
CHESTERFIELD COUNTY INFORMATION SYSTEMS
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
authorized the County Administrator to execute a contract
with Pyramid Electrical Contractors, LLC in the amount of
$477,000 for the replacement of Uninterruptable Power Supply
(UPS) systems and Power Distribution Units (PDU) and
transferred $100,000 from the technology improvement program
contingency to fully fund the project.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
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8.C.4. STATE ROADS ACCEPTANCE
On motion of Mr. Elswick, seconded by Mr. Gecker, the Bo~rcl
adopted the following resolution:
WHEREAS, the streets described below are shown o~i ~ play
recorded in the Clerk's Office of the Circuit Cburt of
Chesterfield County; and
WHEREAS,. the Resident Engineer for the Virginia
Department of Transportation has advised this BcSSirt~ the
streets meet the requirements established by the Subdiv~i:~on
Street Requirements of the Virginia Department of
Transportation.
NOW,,. THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways-,_
pursuant to Section 33.1-229, Code of Virginia, and tie ~~,
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED., that this Board guarantees a
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clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Springdale at Lucy Corr Village
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Street Name and/or Route Number
Right of Way width (feet) = 66 feet
• Cold Water Run, State Route Number 7706
From: Roundabout Way, (Route 7709)
To: Cold Water Circle, (Route 7710), a distance of: 0.03
miles
Recordation Reference: Deedbook 6882, page 240
• Roundabout Way, State Route Number 7709
From: Arbor Springs Drive, (Route 7711)
To: Jones Neck Drive, (Route 7712), a distance of: 0.04
miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 36 feet
• Cold Water Run, State Route Number 7706
From: Roundabout Bend, (Route 7707)
To: Salles Branch Road, (Route 7708), a distance of: 0.04
miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 66 feet
Right of Way width (feet) = 42 feet
• Roundabout Way, State Route Number 7709
From: Cold Water Run, (Route 7706)
To: Arbor Springs Drive, (Route 7711), a distance of: 0.09
miles
Recordation Reference: Deedbook 6882, page 240
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07/17/13
• Roundabout Way, State Route Number 7709
From: Jones Neck Drive, (Route 7712)
To: Jones Neck Place, (Route 7713), a distance of: 0.07
miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 36 feet
• Roundabout Way, State Route Number 7709
From: Jones Neck Place, (Route 7713)
To: Jones Neck Drive, (Route 7712), a distance of: 0.07
miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 36 feet
• Jones Neck Drive, State Route Number 7712
From: Roundabout Way, (Route 7709)
To: Jones Neck Place, (Route 7713), a distance of: 0.03
miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 36 feet
• Jones Neck Drive, State Route Number 7712
From: Jones Neck Place, (Route 7713)
To: Roundabout Way, (Route 7709), a distance of: 0.03 miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 36 feet
• Cold Water Run, State Route Number 7706
From: Courts Complex Road, (Route 4795)
To: Roundabout Bend, (Route 7707), a distance of: 0.02 miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 66 feet
• Roundabout Bend, State Route Number 7707
From: Cold Water Run, (Route 7706)
To: Salles Branch Road, (Route 7708), a distance of: 0.15
miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 36 feet
• Salles Branch Road, State Route Number 7708
From: Cold Water Run, (Route 7706)
To: Roundabout Bend, (Route 7707), a distance of: 0.10 miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 42 feet
• Roundabout Way, State Route Number 7709
From: Jones Neck Drive, (Route 7712)
To: End of Maintenance, a distance of: 0.11 miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 36 feet
• Jones Neck Place, State Route Number 7713
From: Jones Neck Drive, (Route 7712)
To: Roundabout Way, (Route 7709), a distance of: 0.04 miles
Recordation Reference: Deedbook. 6882, page 240
Right of Way width (feet) = 42 feet
• Arbor Springs Drive, State Route Number 7711
From: Roundabout Way, (Route 7709)
To: Cold Water Circle,. (Route 7710), a distance of: 0.03
miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 106 feet
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• Cold Water Run, State Route Number 7706
From: Salles Branch Road, (Route 7708)
To: Roundabout Way, (Route 7709), a distance of: 0.03 miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 66 feet
• Roundabout Bend, State Route Number 7707
From: Salles Branch Road, (Route 7708)
To: Cold Water Run, (Route 7706), a distance of: 0.10 miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 42 feet
• Cold Water Circle, State Route Number 7710
From: Cold Water Run, (Route 7706)
To: Arbor Springs Drive, (Route 7711), a distance of: 0.04
miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 36 feet
• Cold Water Circle, State Route Number 7710
From: Arbor Springs Drive, (Route 7711)
To: Cold Water Run, (Route 7706), a distance of: 0.14 miles
Recordation Reference: Deedbook 6882, page 240
Right of Way width (feet) = 36 feet
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.5. AUTHORIZATION FOR COUNTY ADMINISTRATOR TO EXECUTE
CHANGE ORDER NUMBER TWO AND APPROPRIATION OF FUNDS
FROM THE SCHOOL BOARD FOR THE RENOVATION OF THE JAMES
RIVER HIGH SCHOOL RUNNING TRACK
Mr. Elswick stated he hopes the James River High School
running track will soon be opened to the public.
Mr. Gecker and Ms. Jaeckle agreed that opening the track
would benefit Chesterfield County constituents.
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
authorized the County Administrator to execute Change Order
Number Two with Precision Sports Surfaces, Inc. in the amount
of $82,183and approved the appropriation and transfer of
funds from the School Board in the amount of $70,000.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.6. ACCEPTANCE OF PARCELS OF LAND
8.C.6.a. ALONG CHARTER COLONY PARKWAY AND LEGORDON DRIVE
FROM CHARTER (E&A), LLC
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
accepted the conveyance of three parcels of land containing a
total of 0.988 acres along Charter Colony Parkway and
LeGordon Drive from Charter (E&A), LLC, and authorized the
County Administrator to execute the deed. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
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07/17/13
8.C.6.b. FOR THE CONSTRUCTION OF DIGITAL DRIVE WITHIN
MEADOWVILLE TECHNOLOGY PARK FROM THE ECONOMIC
DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
accepted the conveyance of six parcels of land containing a
total of 3.310 acres for the construction of Digital Drive
within Meadowville Technology Park from the Economic
Development Authority of the County of Chesterfield. (It is
noted a copy of the plat is filed with the papers of this
Board . )
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.6.c. ALONG WEST HUNDRED ROAD FROM ELECTRIC POWER, LLC
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
accepted the conveyance of a parcel of land containing 0.1081
acres along West Hundred Road from Electric Power, LLC, and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board . )
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.6.d. FOR THE 39TH ILLINOIS PARK SITE FROM BRANCH'S BLUFF
DEVELOPMENT COMPANY, LLC
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
accepted the conveyance of two parcels of land containing a
total of 2.49 acres for the 39th Illinois Park Site from
Branch's Bluff Development Company, LLC, and authorized the
County Administrator to execute the deed. (It is noted a copy
of the plat is filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.7. ACCEPTANCE OF CHESAPEAKE BAY NUTRIENT CREDIT TRADING
AGREEMENT BETWEEN THE SOUTH CENTRAL WASTEWATER
AUTHORITY AND CHESTERFIELD COUNTY
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
accepted the Chesapeake Bay Nutrient Credit Trading Agreement
with the South Central Wastewater Authority and authorized
the County Administrator to execute the Nutrient Trading
Agreement including possible future annual term extensions.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
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8.C.8. APPROVAL OF LEASE OF PROPERTY FOR THE MIDLOTHIAN
POLICE STATION
On motion of Mr. Elswick, seconded by Mr. Decker, the Board
approved a lease with JSARGE, LLC, for 3000 square feet of
office space at 20 North Providence Road for the Midlothian
Police Station and authorized the County Administrator to
execute the lease agreement in a form approved by the County
Attorney.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.9. AWARD OF CONSTRUCTION CONTRACTS
8.C.9.a. FOR THE POCONO TANK REHABILITATION PROJECT
On motion of Mr. Elswick, seconded by Mr. Decker, the Board
awarded a construction contract to Town Hall Painting
Corporation in the amount of $631,500 for the Pocono Tank
Rehabilitation Project, and authorized the County
Administrator to execute the necessary documents.
Ayes: Jaeckle, Elswick, Warren and Decker.
Nays: None.
Absent: Holland.
8.C.9.b. FOR THE ROUTE 360 - SWIFT CREEK UTILITY BYPASS
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
awarded a construction contract for County Project #11-0127,
Route 360 - Swift Creek Utility Bypass to Castle Equipment
Corporation in the amount of $385,855; transferred $425,000
from the Transportation Department CIP and appropriated in
the Utilities CIP to fund the construction contract and
potential contingency; and authorized the County
Administrator to execute the necessary documents.
Ayes: Jaeckle, Elswick, Warren and Decker.
Nays: None.
Absent: Holland.
8.C.10. REQUEST TO VACATE AND REDEDICATE A SIXTEEN-FOOT
WATER EASEMENT ACROSS THE PROPERTY OF PROSEAL
AMERICA, INCORPORATED
On motion of Mr. Elswick, seconded by Mr. Decker, the Board
authorized the Chairman of the Board of Supervisors and
County Administrator to execute an agreement to vacate and
rededicate a 16' water easement across the property of
Proseal America, Inc. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren and Decker.
Nays: None.
Absent: Holland.
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07/17/13
8.C.11. REQUEST FOR PERMISSION FROM WALTON PARK CIVIC
ASSOCIATION TO CONSTRUCT A NEIGHBORHOOD SIGN AND
REMOVE TREES FROM COUNTY PROPERTY ON NORTH WOOLRIDGE
ROAD
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
granted Walton Park Civic Association permission to construct
a neighborhood sign and remove trees from county property at
13301 North Woolridge Road, subject to the execution of a
license agreement. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.12. SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE FBO SERVICES AND LEASE AGREEMENT WITH
DOMINION AVIATION SERVICES, INCORPORATED
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
set August 28, 2013, as the date for a public hearing to
consider an amendment to the FBO services and lease agreement
with Dominion Aviation Services, Incorporated.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.13. TRANSFER OF DISTRICT IMPROVEMENT FUNDS FROM THE
BERMUDA DISTRICT IMPROVEMENT FUND TO THE SCHOOL
BOARD TO PURCHASE REPLACEMENT LETTERS FOR THE
BELLWOOD ELEMENTARY SCHOOL ENTRANCE SIGN
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
transferred $2,338 from the Bermuda District Improvement Fund
to the Chesterfield County School Board to purchase
replacement letters for the Bellwood Elementary School
entrance sign.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
8.C.14. ACCEPTANCE OF DEDICATION OF RIGHT OF WAY FOR
JEFFERSON DAVIS HIGHWAY-FALLING CREEK IMPROVEMENTS
FROM CHESTERFIELD LIMITED PARTNERSHIP
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
accepted the dedication of right of way for the Jefferson
Davis Highway-Falling Creek improvements from Chesterfield
Limited Partnership, and authorized the County Administrator
to execute the deed. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
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9. REPORTS
9.A. RE~ORT,,ON STATUS OF
FUTURE CAPITAL pROJ
LEASE PURCHASES
NERAL FUND BALANCE, RESERVE
S, DISTRICT IMPROVEMENT FUN
On motion of`'Mr. Gecker, seconded by Mr. Warren, the Board
accepted'a Report on Status of General Fund Balance, Re~~rve
for Future Capital Projects, District Improvement Furid~ ar~d
Lease Purchases.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDV~ISI~
MATTERS
Ms. Carrie Coyner expressed concerns relative to a discussion
that evolved at the July 16th Planning Commission meeting
regarding cash proffers and lump sum payments.
11. DINNER
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
recessed to Room 502 for dinner with members of the Parks and
Recreation Advisory Commission.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
Reconvening:
12. INVOCATION
Deputy County Administrator Sarah Snead gave the invocation.
13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Eagle Scout Evan Kureth led the Pledge of Allegiance.
14. RESOLUTIONS
14.A. RECOGNIZING YOUTH SERVICES CITIZEN BOARD MEMBERS FOR
THEIR SERVICE
Ms. Carter introduced Mr. Robinson and Mr. Britt, who were
present to receive the resolution.
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors is
committed to ensuring that Chesterfield County is the best
community for young people; and
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07/17/13
WHEREAS, the Youth Services Citizen Board is appointed
by the Board of Supervisors to advise them of the needs of
community youths; to inform young people, parents, and those
working with youths of resources available to them; and to
serve as an advocate for county youths; and
WHEREAS, Mr. T.C. Robinson has served as a dedicated and
faithful member of the Youth Services Citizen Board since his
appointment by the Board of Supervisors as a youth
representative in July 2007 and again as an adult
representative of the Matoaca District in August 2010; and
Mr. Kenny Britt has served as a dedicated and faithful member
of the Youth Services Citizen Board since his appointment as
a representative of the Bermuda District in August 2010; and
WHEREAS, Mr. Robinson served as chairman of the Youth
Services Citizen Board in 2012 and 2013; and
WHEREAS, Mr. Robinson and Mr. Britt have advised the
Board of Supervisors regarding planning and policies
affecting youth development; and
WHEREAS, Mr. Robinson and Mr. Britt have participated in
activities of the Youth Services Citizen Board, including
community youth forums to focus on youth issues and the
Outstanding Youth Awards; and
WHEREAS, because of their considerable commitment, Mr.
Robinson and Mr. Britt have generously contributed to making
Chesterfield County one of the 100 Best Communities for Young
People; and
WHEREAS, Mr. Robinson and Mr. Britt have tirelessly
advocated for Chesterfield County youths and are known
throughout Chesterfield County and the Commonwealth of
Virginia for their dedication and genuine concern for young
people.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 17th day of July 2013,
publicly recognizes Mr. T.C. Robinson and Mr. Kenny Britt and
expresses sincere appreciation for their many years of
commitment and significant contributions to the youths of
Chesterfield County.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
Ms. Jaeckle presented the executed resolutions to Mr.
Robinson and Mr. Britt and expressed her appreciation for
their dedication and genuine concern of young people.
Mr. Britt and Mr. Robinson expressed their appreciation to
the Board for the special recognition.
Mr. Elswick commended both gentlemen for their considerable
commitment to Chesterfield County youths.
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14.B. RECOGNIZING GREENLEIGH COMMUNITY PARTNERS AND THE
CHESTER YMCA FOR THEIR OUTSTANDING SUPPORT OF THE
GREENLEIGH LEARNING COTTAGE
Ms. Snead introduced Ms. Carrie Coyner, Ms. Joan Temple, Ms.
Debi Middleton, Ms. Paula Graham, Ms. Mary Dunne Stewart, Mr.
David Glass, Pastor Pete Hypes, Mr. Chris Palmer, Ms. Kathy
Jentgen, Ms. Tiffany Patton, Mr. Larry Hudson, Officer Tim
Morton, Captain Kevin Smith and Mr. Robert Eanes, who were
present to receive the resolution.
On motion of Mr. Gecker, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, in January 2012, a group of teachers, a
principal, county leaders, non-profit organizations and
concerned citizens, later named the Greenleigh Community
Partners, came together to discuss ways to support 400
school-aged children living in a 514-unit mobile home park
known as Greenleigh in the Bermuda District with the vast
majority of residents being non-English speakers; and
WHEREAS, children living in Greenleigh are eager to
learn, but many of them fall behind in school because of the
lack of educational support at home with many parents not
having the necessary English skills to assist their children;
and
WHEREAS, language and socioeconomic barriers have kept
many of these children from participating in after-school
activities; and
WHEREAS, Greenleigh Community Partners' vision is to
create a cycle of learning from one generation to the next by
actively educating, engaging and embracing every adult and
child to foster healthy spirits, minds and bodies; and
WHEREAS, Greenleigh Community Partners provide after-
school tutoring, adult English classes, soccer programs,
community events, and weekly summer activities in a retired
classroom trailer known as the Greenleigh Learning Cottage;
and
WHEREAS, the partnership has grown to involve more than
a dozen organizations in Chesterfield; and
WHEREAS, the Chester YMCA has added the Greenleigh
program to its annual giving campaign to provide continued
programmatic and financial support; and
WHEREAS, the Governor's office awarded a technology
grant to the partnership to provide Internet service, laptops
and online educational programs which will enhance learning.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 17th day of July 2013,
publicly recognizes and commends the Greenleigh Community
Partners, the Chester YMCA and all organizations associated
with the Greenleigh Learning Cottage, and expresses
gratitude, on behalf of all Chesterfield County residents,
for their work in reaching out to generations of learners and
offering easy access to a variety of resources, empowering
parents with the skills needed to obtain better quality
employment and to assist children with homework and studies
to improve the classroom experiences for children.
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07/17/13
AND, BE IT FURTHER RESOLVED, that the Board of
Supervisors also commends the leadership of Dorothy Jaeckle,
Bermuda District Supervisor; Carrie Coyner, School Board
Member; Joan Temple, Principal of Elizabeth Scott Elementary
School; Debi Middleton, teacher; Paula Graham, Elizabeth
Scott Elementary School PTA and owner of The Goddard School
at River's Bend; Mary Dunne Stewart of Fit4Kids; David Glass
of FirstTouch Sports; Pastor Pete Hypes of Bermuda Baptist
Church; Chris Palmer of Ironbridge Baptist Church; Kathy
Jentgen and Tiffany Patton of the Chester YMCA; Larry Hudson,
Community Manager of Greenleigh Mobile Home Park; Officer Tim
Morton; Captain Kevin Smith; and Mr. Robert Eanes for their
dedication and commitment to form the Greenleigh Community
Partners.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
Ms. Jaeckle presented the executed resolution to members of
the Greenleigh Community Partners, the Chester YMCA and all
other organizations associated with the Greenleigh Learning
Cottage and commended them for their dedication and
willingness to educate the children of Greenleigh.
Several members shared their rewarding experiences assisting
the children of Greenleigh.
14.C. RECOGNIZING MR. EVAN KURETH, MIDLOTHIAN DISTRICT, UPON
ATTAINING THE RANK OF EAGLE SCOUT
Ms. Ruth introduced Mr. Evan Kureth, who was present to
receive the resolution.
On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered
by Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges
in a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law, Mr. Evan James Cameron
Kureth has accomplished those high standards of commitment
and has reached the long-sought goal of Eagle Scout, which is
received by only four percent of those individuals entering
the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Evan has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 17th day of July 2013,
publicly recognizes Mr. Evan James Cameron Kureth, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the county to have such an
outstanding young man as its citizen.
Ayes: Jaeckle, Elswiek, Warren and Gecker.
Nays: None.
Absent: Holland.
Mr. Gecker presented the executed resolution and patch to Mr.
Kureth, accompanied by his mother, congratulated him on his
outstanding achievements, and wished his well in future
endeavors.
Mr. Kureth provided details of his Eagle Scout project and
expressed appreciation to his mother and others for their
support.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Ralph Carter expressed concerns relative to the message
being promoted by the county regarding the uses for revenue
associated with a meals tax.
Mr. Freddy Boisseau expressed concerns relative to
compensation and benefits of the current and. past School
Superintendents and urged the Board to provide an online
searchable budget document relative to county expenditures.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 18
13SN0520
In Bermuda Magisterial District, Fountain Square Condominiums
LLC requests amendment of zoning (Case 95SN0309) relative to
modification of cash proffers and amendment of zoning
district map in a Community Business (C-3) District on .6
acre located in the southwest corner of Fountain Square Plaza
and Chester Village Drive. Density will be controlled by
zoning conditions or ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Neighborhood
Mixed use. Tax IDs 788-655-8553, 8854 and 9964.
Mr. Turner stated Ms. Jaeckle is requesting a 30-day deferral
to the August 28, 2013 regularly scheduled meeting.
Ms. Carrie Coyner, representing the applicant, acknowledged
the deferral request.
Ms. Jaeckle called for public comment.
No one came forward to speak to the deferral.
Ms. Jaeckle made a motion, seconded by Mr. Warren, for the
Board to defer Case 13SN0520 until August 28, 2013.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
13-408
07/17/13
135N0522
In Matoaca Magisterial District, Garland T. Harris, Jr.
requests conditional use to permit a business (motor vehicle
and lawn mower repair) incidental to a dwelling and amendment
of zoning district map in an Agricultural (A) District on 3.9
acres known as 20109 Matoaca Road. Density will be controlled
by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential II use (2.0 to 4.0 dwellings per acre) .
Tax ID 778-615-9133.
Mr. Turner presented a summary of Case 13SN0522 and stated
both the Planning Commission and staff recommended approval
and acceptance of the proffered conditions.
Mr. Garland T. Harris, Jr. accepted the recommendation.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
approved Case 13SN0522 and accepted the following proffered
conditions:
1. This conditional use approval shall be granted to and for
Garland T. Harris, Jr., exclusively, and shall not be
transferrable nor run with the land. (P)
2. This conditional use approval shall be granted for a
period not to exceed ten (10) years from the date of
approval. (P)
3. Other than the applicant, there shall be no employees
engaged in this operation. (P)
4. Hours the use may be open to the public shall be
restricted to between 8:00 a.m. and 5:00 p.m., Monday
through Saturday. This use shall not be open to the
public on Sunday. (P)
5. All repair activity associated with this use, including
storage of materials, shall be accomplished within the
existing garage and shed, as depicted on the plan
submitted with this application. No additions or exterior
alterations related to this use shall be permitted to
these structures. (P)
6. A. The driveway (beyond that which serves the existing
residence) and parking areas for vehicles awaiting
repair or pick up shall be surfaced with at least
six (6) inches of 21 or 21A stone. All parking and
storage areas shall be located east of the VEPCO
right-of-way, north of the driveway, and no closer
than fifty-five (55) feet to the northern property
line.
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07/17/13
B. Views of the parking and storage areas from the
adjacent properties and Matoaca Road shall be
minimized. Existing vegetation and fencing shall be
counted toward this requirement. Within thirty (30)
days of approval of this request, the applicant
shall submit a plan depicting this requirement for
review and approval by the Planning Department,
along with a phasing plan for the installation of
these plantings or fencing. (P)
7. No signs shall be permitted to identify this use. (P)
Ayes: Jaeckle,
Nays: None.
Absent: Holland.
13SN0523
Elswick, Warren and Gecker.
In Matoaca Magisterial District, Chad Moudry and Dawn Moudry
request conditional use to permit a two-family dwelling and
amendment of zoning district map in a Residential (R-12)
District on .3 acre known as 15812 Longlands Road. Density
will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential I use (maximum of 2.0
dwellings per acre). Tax ID 713-665-8378.
Mr. Turner presented a summary of Case 13SN0523 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Ms. Dawn Moudry accepted the conditions.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
approved Case 13SN0523, subject the following conditions:
1. Occupancy of the second dwelling unit shall be limited
to: the occupants of the principal dwelling unit,
individuals related to them by blood, marriage, adoption
or guardianship, foster children, guests and any
domestic servants. (P)
2. For the purpose of providing record notice, within
thirty (30) days of approval of this request, a deed
restriction shall be recorded setting forth the
limitation in Condition 1. The deed book and page number
of such restriction and a copy of the restriction as
recorded shall be submitted to the Planning Department.
(P)
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
13-410
07/17/13
13SN0526
In Matoaca Magisterial District, Donald M. and Suzanne C.
Rudd request amendment of zoning (Case 07SN0378) relative to
right-of-way dedication plus conditional use planned
development to permit exceptions to ordinance requirements
relative to setbacks and amendment of zoning district map in
Neighborhood Business (C-2) and Community Business (C-3)
Districts on 4 acres known as 14350 Beach Road. Density will
be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Convenience Business use. Tax ID 721-656-4435.
Mr. Turner presented a summary of Case 13SN0526 and stated
both the Planning Commission and staff recommended approval
subject to one condition, the amendment to the previous
proffered condition and one new proffered condition.
Ms. Carrie Coyner, representing the applicant, accepted the
recommendation.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Gecker, the Board
approved Case 13SN0526, subject to the following condition:
1. The Textual Statement dated June 6, 2013 shall be
considered the Master Plan. (P)
And, further, the Board accepted the following proffered
conditions:
The Applicant hereby amends Condition 3 of Case No. 07SN0378
to read as follows:
3. Prior to site plan approval for any additional
development or redevelopment on the property, excluding
structural changes or maintenance to the existing
building/structures, as determined by the Transportation
Department, forty-five (45) feet of right-of-way along
the north side of Beach Road, and forty-five (45) feet
of right-of-way along the east side of Winterpock Road
measured from the centerline of that part of the roadway
immediately adjacent to the property, excluding areas
encumbered by the existing underground tanks, shall be
dedicated, free and unrestricted, to and for the benefit
of Chesterfield County. (T)
The Applicant also hereby offers the following proffered
condition:
1. Any repairs, maintenance or structural alterations to
the existing store shall be contained within the
existing footprint and any exterior alterations shall
substantially maintain similar architectural
characteristics and visual appearance of the existing
building, as determined by the Planning Department. (P)
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
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13SN0530
In Bermuda Magisterial District, Dean E. Hawkins, ASLA
requests amendment of conditional use planned development
(Case 08SN0267) relative to reduction of buffers and setbacks
for parking and drives and amendment of zoning district map
in Community Business (C-3) and General Business (C-5)
Districts on 7.9 acres fronting 1,590 feet on the west line
of Jefferson Davis Highway, 190 feet south of Milhorn Street.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Neighborhood Office use. Tax IDs 800-634-
0291; 800-635-0431, 0545, 0561, 0676 and 1091.
Mr. Turner presented a summary of Case 13SN0530 and stated
both the Planning Commission and staff recommended approval,
subject to one condition.
Mr. Dean Hawkins, representing the applicant, accepted the
one condition.
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Elswick, the Board
approved Case 13SN0530, subject to the following condition:
The Textual Statement submitted with the application and
identified as "Textual Statement: Amend CUPD (08SN0267)"
shall be the Master Plan relative to rear yard setbacks and
for buffers adjacent to Wendover Hills subdivision to the
west. (P)
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
135N0541
In Bermuda Magisterial District, Ruffin Mill Farm LLC
requests conditional use to permit a special events business
and outside public address systems and amendment of zoning
district map in General Business (C-5) and General Industrial
(I-2) Districts on 37.5 acres fronting 670 feet on the north
line of Ruffin Mill Road, 485 feet east of Walthall Center
Drive. Density will be controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Industrial use. Tax IDs 805-638-
7523; 806-638-0723; and 806-640-Part of 0310.
Mr. Turner presented a summary of Case 13SN0541 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. Mark Landa accepted the conditions.
In response to Mr. Landa's question regarding time frames,
Mr. Mincks noted the condition states that music festivals or
concerts shall only. be permitted between 5:00 p.m. and 11:00
p.m.
In response to Ms. Jaeckle's question, Mr. Turner stated the
Board has the flexibility to impose a different condition
with a different time limit.
Mr. Landa requested a start time of 12:00 p.m. in order to
have afternoon events.
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07/17/13
Ms. Jaeckle called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board
approved Case 13SN0541, subject to the following conditions:
1. This conditional use shall be granted to Mark and/or
Francine Landa, or any entity of which either of them is
a majority owner, and shall not be transferred or run
with the land. (P)
2. Music festivals or concerts shall be permitted no later
than 11:00 p.m. (P)
3. Outside public address and sound systems shall be
permitted provided that the sound stage, and all sound
systems shall be located such that sound from all
musical performances is projected south towards Ruffin
Mill Road. (P)
Ayes: Jaeckle,
Nays: None.
Absent: Holland.
13SN0510
Elswick, Warren and Gecker.
In Clover Hill Magisterial District, Tamera A. Moats requests
conditional use to permit a family day-care home and
amendment of zoning district map in a Residential (R-7)
District on .4 acre known as 4356 Ketcham Drive. Density will
be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Suburban Residential II use (2.0 to 4.0 dwellings per
acre). Tax ID 764-688-9224.
Mr. Robert Clay presented a summary of Case 13SN0510 and
stated both the Planning Commission and staff recommended
approval and acceptance of the proffered conditions. He
further stated a family day-care home (the keeping of up to
12 children) has operated within the existing single-family
residence for approximately two years, without the required
zoning approval. He stated conditional use approval is
requested to bring the use into compliance with zoning
requirements. He further stated there was support present at
the Planning Commission meeting, noting the applicant as an
asset to the neighborhood and a very good child-care
provider. He stated there was also opposition present
expressing concerns relative to setting a precedent for more
commercial uses in the community and the use being in
conflict with the covenants of the neighborhood.
Ms. Tamera Moats stated the proposed family day-care home, as
conditioned, should have no adverse impact on the surrounding
neighborhood. She further stated similar family day-care
homes have been approved in other neighborhoods and have
operated without any apparent adverse impact on area
residences. She stated proffered conditions are similar to
conditions imposed on other family day-care homes, and are
designed to maintain the residential character of the area.
She urged the Board to approve the request.
Ms. Jaeckle called for public comment.
Corporal Theresa Michelle Denison urged the Board to approve
the request. She stated Ms. Moats is a wonderful child-care
provider and an asset to the neighborhood.
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Mr. Freddy Boisseau urged the Board to approve the
conditional use request.
Ms. Kimberly Haney stated Ms. Moats is a valuable benefit to
her family and to the neighborhood. She urged the Board to
approve the request.
Mr. Charlie Krause, Vice-President of Creekwood Association,
expressed concerns relative to setting a precedent for more
commercial uses in the community and the use being in
conflict with the covenants of the neighborhood.
Ms. Missy Ford, resident of Creekwood, stated she supports
the applicant's variance request. She further stated the
community's- support far outweighs the votes of the
association.
Ms. Samantha Agee expressed concerns relative to other
residents of Creekwood not upholding covenants of the
neighborhood. She urged the Board to approve the request.
Ms. Brenda Mason, resident of Creekwood, urged the Board to
approve the request. She stated there are many home-based
businesses in the neighborhood.
Mr. Michael Bibby stated Ms. Moat's business has the same
feel of a residential home. He further stated the use would
not set a precedent for the neighborhood.
There being no one else to address the issue, the public
hearing was closed.
Mr. Warren noted the Clover Hill Planning Commissioner voted
to deny the case. He stated he traditionally does not like to
go against an association. He further stated an association
is the closest thing to living in a neighborhood where people
interact more frequently than county elected officials. He
noted the purpose of covenants is to protect the integrity of
neighborhoods and health, safety and welfare of the
residents. He stated he had a conversation with the president
of the Creekwood Association, who said she was in full
support of the applicant. He further stated he was
particularly struck by the fact that this use has operated
for four years without any complaints. He indicated the
neighborhood split on the issue and the balance of needs of
both sides. He requested more information relative to the
restrictive covenants.
In response to Mr. Warren's question, Mr. Clay noted staff
has a copy of the covenants and restrictions for the
subdivision. He further stated the covenants stipulate that
dwellings shall only be used for single-family residential
purposes, but do not specifically state that there should be
no home-based businesses. He stated the president of the
association did not share with him the rationale behind the
vote.
In response to Mr. Warren's question, Mr. Mincks stated a
homeowner would have to consent to the filing of an
application made by a renter. He further stated in
determining the land use decision, a tenant or owner is
immaterial.
In response to Mr. Warren's question, Mr. Clay stated the
owner has consented to the renter's application.
Mr. Warren stated he would like to have more clarity on the
restrictive covenants. He further stated he would lie inclined
to defer the case to give the home owners' association the
opportunity to reflect on the issue and work with the
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07/17/13
applicant. He stated Mrs. Moats clearly cares about children
and has a passion for what she does. He further stated the
association has the legal authority to impose their
restrictive covenants, which are a requirement of all
property owners.
In response to Mr. Warren's question, Mr. Mincks stated there
is an adjunctive opportunity for the homeowners' association
to enforce restrictive covenants, which would be independent
of the Board's decision.
Mr. Warren read the following statement: "I want to take a
moment to discuss the different roles played by the Board of
Supervisors when considering a rezoning application and a
Home Owners' Association when it is enforcing a
neighborhood's restrictive covenants. These two entities have
different responsibilities and it is important that one does
not interfere with the responsibilities of the other. Under
State Law, the Board of Supervisors must look at traditional
land use considerations when reviewing a zoning application.
Among other things, these may include the County's
comprehensive plan, the zoning ordinance, the location and
nature of the subject property, the impact of the proposed
use on neighboring properties, and various health, welfare
and safety concerns. The Board also considers recommendations
of County Staff and the Planning Commission and holds a
public hearing to obtain input from the citizens. In
contrast, in enforcing restrictive covenants, a Home Owner's
Association limits its review to the particular rules that
are set forth in the covenants. These covenants are rules
that citizens of a neighborhood decide to adopt. The opinion
of the Board of Supervisors is not relevant to the
development of restrictive covenants by private citizens or
to a Home Owner's Association's enforcement of neighborhood
covenants. That is left up to private citizens and the Board
cannot and should not interfere with that process."
Ms. Jaeckle stated she believes Creekwood is a good
neighborhood because of the homeowners' association. She
further stated the county encourages homeowners' associations
so that the Board of Supervisors does not have to micromanage
what goes on in neighborhoods. She stated residents of the
subdivision should change who runs the association if the
majority of the residents disagree with some of the covenants
and restrictions. She further stated she has to support the
homeowners' association.
Mr. Elswick stated the use is not a health, safety or welfare
issue. He further stated the decision impacts families and he
is prepared to support the case.
In response to Mr. Gecker's question, Mr. Krause stated all
members are required to pay assessments.
Mr. Gecker stated he does not believe the Board should be put
in a position to be an enforcer of the neighborhood
restrictions. He further stated without understanding better
the covenants of the subdivision, he would feel inclined to
defer the case to determine the importance of the covenants.
He noted the outcome of the case impacts many lives.
Mr. Warren stated he hesitates to be the enforcer of the
restrictive covenants. He suggested deferring the case for
five months in order for the home owners' association to work
out issues with the applicant. He strongly encourages the
home owners' association to agree to do something in the best
interest of the neighborhood and accept responsibility if the
covenants are enforced.
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Mr. Warren then made a motion, seconded by Mr. Gecker, for
the Board to defer Case 13SN0510 until December 11, 2013.
Ms. Jaeckle encouraged all applicants to work with their
homeowners' association to iron out issues. She noted the
importance of in-home child care.
Ms. Jaeckle called for a vote on the motion made by Mr.
Warren, seconded by Mr. Gecker, for the Board to defer Case
13SN0510 until December 11, 2013.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
17. PUBLIC HEARINGS
17.A. TO CONSIDER LEASE OF REAL PROPERTY AT THE SOFTBALL
COMPLEXES AT HARRY G. DANIEL PARK AT IRON BRIDGE AND
WARBRO ATHLETIC COMPLEX FOR THE OPERATION OF SOFTBALL
vun~unMc
Mr. Golden stated this date and time has been advertised for
a public hearing for the Board to consider renewal of lease
of real property at the softball complexes at Harry G. Daniel
Park at Ironbridge and Warbro Athletic Complex for the
operation of softball programs. He further stated the current
lease will expire on December 31, 2013. He stated the Parks
and Recreation Advisory Commission recommend the lease be
renewed to Dave Tiller and Associates to offer adult softball
facilities and programs at the locations. He further stated a
possibility would be putting together a committee to help
resolve issues.
Ms. Jaeckle called for public comment.
Mr. Allen Harlow, president of the Chesterfield Senior
Softball Association, expressed concerns relative to outdated
lighting on playing fields, uneven playing surfaces, lack of
infield irrigation and concession stands insufficient for
large crowds.
Ms. Barbara Williams-Harlow expressed concerns relative to
lack of maintenance to county-owned fields at Harry G. Daniel
Park and the Warbro Athletic Complex. She urged the Board to
dedicate and reinvest funds back into the fields.
Mr. Clarence Williams expressed concerns relative to the
safety of the elderly softball players. He stressed the
importance of sports tourism to the region.
Ms. Ruthann Bates urged the Board to dedicate and reinvest
funds back into the softball fields.
Mr. Russ Dolbear urged the Board to find a way to upkeep the
softball fields for the health, safety and welfare of
softball players.
Mr. Andy Scruggs stated the softball complexes need immediate
and significant upgrades. He expressed concerns .relative to
money saved by the county that has not been reinvested into
improvements of the softball complexes.
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07/17/13
Mr. Joe Ferguson expressed concerns relative to the
deteriorating ball fields and stated county funds need to be
reinvested back into the softball complexes.
Mr. Lorenzo Ricks stated Mr. Butch Tiller makes every effort
to improve the maintenance of the fields; however, capital
improvements are greatly required.
Ms. Debbie Snyder expressed concerns relative to funds not
being reinvested into improvements of the softball complexes.
Mr. Fletcher Johnson stated Mr. Tiller is overly committed to
keeping the ball fields playable on the weekends.
Ms. Susan Parker stated the quality of fields has improved
tremendously since Mr. Tiller has taken over responsibility.
She urged the Board to dedicate and reinvest funds back into
the softball fields and allow Mr. Tiller to continue
improvements.
Mr. Jay Newman stated Mr. Tiller has improved the condition
of the infields immensely. He urged the Board to consider the
citizens' requests.
Mr. Phil Lhor urged the Board to defer consideration of the
lease of real property. He stated there are issues within the
current contract that need to be resolved.
Ms. Judy Stoneman expressed concerns relative to the
monitoring of sports programs from the Parks and Recreation
Department.
Mr. David "Butch" Tiller stated he assumed operation of the
county's adult softball leagues and maintenance of the fields
in September 2010. He further stated he has given a list to
the Parks and Recreation Department relative to capital
improvements. He stated sports tournaments are important to
softball players and generate economic development for the
county.
Ms. Jaeckle made a suggestion to keep the public hearing open
pending further review of the contract.
Mr. Elswick stated his support to keep public hearing open.
He further stated many citizens expressed concerns relative
to a contract that has not been completed or reviewed by the
public. He expressed appreciation to those citizens in
attendance. He urged the County Attorney to identify the
areas within the contract that have not been met and f ind a
way the lessee can meet the obligations of the current
contract.
Mr. Warren expressed appreciation for the citizens' comments
and concerns. He stated softball is good for one's spirit and
physical well-being. He stressed the importance of
tournaments generating economic development to the county.
In response to Mr. Williams' question, Ms. Jaeckle stated
there seems to be a lack of clarity in regards to the
contract. She further stated a thirty-day deferral would
provide time to iron out specific differences.
Mr. Elswick recommended forming a citizens committee through
the Parks and Recreation Department to address issues
relative to the operation and maintenance of the softball
fields at Harry G. Daniel Park and Warbro Athletic Complex.
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Mr. Gecker stated there needs to be more concrete definition
as to what the Board expects to see in thirty days. He
further stated he does not support forming a committee
relative to the issue. He stated instead of eliminating the
program in the past, a vendor was brought in to reinvest some
of the revenue into the fields. He further stated it appears
the county's portion of the contract has not been well
managed and it is clearly a statement of where the county has
been. He stated there needs to be an obligation to make the
term of agreement long enough to entice the lessee to make
capital improvements in the fields. He further stated the
contract extension needs to be for a longer period of time
coupled with the inclusion of performance criteria. He
suggested that Mr. Golden, Mr. Stegmaier and Mr. Tiller run
through the economics and determine what it takes to make the
fields playable and provide a longer term concession with
strict standards that will be enforced or maintained by
whoever enforces the contract.
Mr. Allan Harlow urged the Board to take into consideration
the amount of money softball players contribute each season.
Mr. Elswick stated he did not make a motion to set up a
committee.
Mr. Warren made a motion, seconded by Mr. Gecker, for the
Board to defer consideration of lease of real property at the
softball complexes at Harry G. Daniel Park at Iron Bridge and
Warbro Athletic Complex for the operation of softball
programs, keep the public hearing open, and have staff look
at the lease renewal.
Mr. Gecker made a friendly amendment to Mr. Warren's original
motion for staff to look at the lease renewal and form a team
to address concerns in preparation for the August 28 Board of
Supervisors meeting.
Mr. Warren accepted Mr. Gecker's friendly amendment.
Ms. Jaeckle called for a vote on the motion made by Mr.
Warren, seconded by Mr. Gecker, for the Board to defer
consideration of lease of real property at the softball
complexes at Harry G. Daniel Park at Iron Bridge and Warbro
Athletic Complex for the operation of softball programs, keep
the public hearing open, and have staff look at the lease
renewal and form a team to address concerns in preparation
for the August 28 Board of Supervisors meeting.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
Ms. Jaeckle expressed her appreciation to the citizens who
were in attendance and to those who voiced their opinions
relative to the issue.
17.B. TO CONSIDER ORDINANCE AMENDMENTS RELATED TO
RESIDENTIAL SUBDIVISIONS
Mr. Greg Allen stated this date and time has been advertised
for a public hearing for the Board to consider the following
ordinance amendments related to residential subdivisions:
Sections 19-5, 19-14, 19-58, 19-69, 19-74, 19-79, 19-84, 19-
89, 19-94, 19-99, 19-105, 19-106, 19-128, 19-200.1, 19-
200.7, 19-200.8, 19-200.9, 19-200.11, 19-233, 19-241, 19-261,
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07/17/13
19-264, 19-265, 19-274, 19-301, 19-505, 19-510, 19-513, 19-
517, 19-518, 19-520, 19-521, 19-522, 19-523, 19-526, 19-551,
19-555, 19-559, 19-582 and 19-608, and adding Sections 19-
560, 19-561, and 19-562; also, approval of an Ordinance to
amend the County Code by repealing Chapter 17 (Subdivision
Ordinance) and enacting a new Chapter 17, specifically
Sections 17-1 through 17-91. He further stated the proposed
amendments include those changes where staff believes that
the process is improved and that requirements provide for
quality development into the future. He stated the proposed
subdivision ordinance is in a completely new format that is
better-organized and easier to use. He further stated the
ordinance includes new and revised language to address a
variety of issues, such as: protecting private property
rights; timely processing of plans; alignment with State
Code; improved rules for smaller subdivisions; design of
private roads and alleys; buffer design; and overall process
improvements.
Ms. Jaeckle called for public comment.
Mr. Jeff Collins, Senior Associate, Townes Site Engineering,
P.C., stated the ordinance changes were vetted extensively by
the engineering community.
Mr. Bill Johns, Vice President, Central Virginia Office,
stated he was involved in the process to work on some
modifications that will help those in the engineering
community move subdivision projects more smoothly.
Mr. Bob Schafer, Land Development Manager, Windswept
Development/civil engineer, Main Street Homes, stated the
changes reflect a more efficient and user-friendly document.
There being no one else to address the issue, the public
hearing was closed.
On motion of Mr. Warren, seconded by Mr. Gecker, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 19-5, 19-14, 19-58, 19-69, 19-74,
19-79, 19-84, 19-89, 19-94, 19-99, 19-105, 19-106, 19-128,
19-200.1, 19-200.7, 19-200.8, 19-200.9, 19-200.11, 19-233,
19-241, 19-261, 19-264, 19-265, 19-274, 19-301, 19-505, 19-
510, 19-513, 19-517, 19-518, 19-520, 19-521, 19-522, 19-523,
19-526, 19-551, 19-555, 19-559, 19-582 and 19-608, AND
ENACTING SECTIONS 19-560, 19-561, and 19-562 OF THE ZONING
ORDINANCE
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19-5, 19-14, 19-58, 19-69, 19-74, 19-79,
19-84, 19-89, 19-94, 19-99, 19-105, 19-106, 19-128, 19-
200.1, 19-200.7, 19-200.8, 19-200.9, 19-200.11, 19-233, 19-
241, 19-261, I9-264, 19-265, 19-274, 19-301, 19-505, 19-510,
19-513, 19-517, 19-518, 19-520, 19-521, 19-522, 19-523, 19-
526, 19-551, 19-555, 19-559, 19-582 and I9-608 of the Code of
the County of Chesterfield, 1997, as amended, are amended and
re-enacted, and Sections 19-560, 19-561, and 19-562 are
enacted, to read as follows:
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CHAPTER 19
Sec. 19-5. Enforcement.
ZONING
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(2) Enforcement of conditions. The director of planning
shall administer and enforce conditions attached to
zoning approvals and plan review approvals and he
shall have the authority to: issue a written order
to remedy any noncompliance with a condition; bring
legal action, including injunction, abatement or
other appropriate action, to insure compliance with
such conditions; and require a guarantee, in a form
satisfactory to the county attorney, and in an
amount sufficient for and conditioned upon the
construction of any physical improvements required
by the condition, or a contract for the
construction of such improvements and the
contractor's guarantee, in like amount and so
conditioned, which guarantee shall be reduced or
released by the county, upon the submission of
satisfactory evidence that construction of such
improvements has been completed in whole or in
part. Failure to meet all conditions shall
constitute cause to deny the issuance of any of the
required occupancy or building permits.
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Sec. 19-14. Conditional use planned developments.
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(c) Regulation exceptions. The planning commission may
recommend, and the board of supervisors may authorize,
exceptions to the applicable bulk and/or development
regulations of this chapter; provided that the planning
commission and board of supervisors shall consider:
(1) That such exception shall be solely for the purpose
of promoting an integrated plan no less beneficial
to the residents or occupants of the development,
as well as neighboring property, than would be
obtained under this chapter's bulk and/or
development regulations for buildings developed on
separate zoning lots.
(2) That the minimum lot requirements of this chapter
may be decreased without limitation, provided that
permanent open space or land in an amount
equivalent to that by which each residential lot or
building site has been diminished under this
provision shall be provided as common area within
the development.
(3) The director of planning, planning commission, or
board of supervisors may require any reasonable
method to guarantee that common area provided as an
integral part of the planned development shall
always remain available to those people for whom
they were designed to serve and that such common
area shall be reasonably maintained.
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07/17/13
Sec. 19-58. Floodplain regulations and dam break inundation
zones.
(a) General provisions.
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(6) All new construction and substantial improvements
of residential dwellings adjacent to the base flood
area/backwater shall be set back at least 25 feet
horizontal distance from the outermost boundary of
the base flood area/backwater and have a minimum
lowest floor level, including basement, of one foot
above the base flood elevation. In the Upper Swift
Creek Watershed, all new construction of and
substantial improvements to residential dwellings
shall be setback at least 35 feet horizontal
distance from the outermost boundary of the 100-
year floodplains where the contributing drainage
area exceeds 100 acres.
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Sec. 19-69. Required conditions.
The conditions specified in this section shall be met in the
R-88 District.
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Front yard. Unless otherwise specified the minimum
setback shall be 75 feet. For lots located along cul-de-
sacs, the building setback around the bulb of the cul-
de-sac may be reduced to not less than 25 feet. However
the minimum setbacks for any lot shall be increased
where necessary to obtain the required lot width at the
front building line. If applicable, the additional
setback requirement must be noted on the final plat.
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Sec. 19-74. Required conditions.
The conditions specified in this section shall be met in the
R-40 District.
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Front yard. Unless otherwise specified the minimum
setback shall be 60 feet. For lots located along cul-de-
sacs, the building setback around the bulb of the cul-
de-sac may be reduced to not less than 25 feet. However,
minimum setbacks for any lot shall be increased where
necessary to obtain the required lot width at the front
building line. If applicable, the additional setback
requirement must be noted on the final plat.
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Sec. 19-79. Required conditions.
The conditions specified in this section shall be met in the
R-25 District.
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Front yard. Unless otherwise specified the minimum
setback shall be 50 feet. For lots located along cul-de-
sacs, the building setback around the bulb of the cul-
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de-sac may be reduced to not less than 25 feet. However,
minimum setbacks for any lot shall be increased where
necessary to obtain the required lot width at the front
building line. If applicable, the additional setback
requirement must be noted on the final plat.
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Sec. 19-84. Required conditions.
The conditions specified in this section shall be met in the
R-15 District.
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Front yard. Unless otherwise specified the minimum
setback shall be 40 feet. For lots located along cul-de-
sacs, the building setback around the bulb of the cul-
de-sac may be reduced to not less than 25 feet. However,
minimum setbacks for any lot shall be increased where
necessary to obtain the required lot width at the front
building line. If applicable, the additional setback
requirement must be noted on the final plat.
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Sec. 19-89. Required conditions.
The following conditions specified in this section shall be
met in the R-12 District:
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Front yard. Unless otherwise specified the minimum
setback shall be 35 feet. For lots located along cul-de-
sacs, the building setback around the bulb of the cul-
de-sac may be reduced to not less than 25 feet. However,
minimum setbacks for any lot shall be increased where
necessary to obtain the required lot width at the front
building line. If applicable, the additional setback
requirement must be noted on the final plat.
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Sec. 19-94. Required conditions.
The conditions specified in this section shall be met in the
R-9 District:
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Front yard. Unless otherwise specified the minimum
setback shall be 30 feet. For lots located along cul-de-
sacs, the building setback around the bulb of the cul-
de-sac may be reduced to not less than 25 feet. However,
minimum setbacks for any lot shall be increased where
necessary to obtain the required lot width at the front
building line. If applicable, the additional setback
requirement must be noted on the final plat.
Sec. 19-99. Required conditions.
The conditions specified in this section shall be met in the
R-7 District:
(a) Lot area and width. Each lot shall have an area not
less than 7, 000 square feet and a lot width of not
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less than 50 feet, provided that such lot was
granted preliminary (formerly tentative) plat
approval prior to November 13, 1985, and recorded
prior to January 1, 1989. If such approval is not
renewed and expires or if a new subdivision is
granted preliminary (formerly tentative) plat
approval after November 13, 1985, each lot shall
have an area not less than 9,000 square feet and a
lot width of not less than 75 feet.
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Front yard. Unless otherwise specified the minimum
setback shall be 30 feet. For lots located along cul-de-
sacs, the building setback around the bulb of the cul-
de-sac may be reduced to not less than 25 feet. However
minimum setbacks for any lot shall be increased where
necessary to obtain the required lot width at the front
building line. If applicable, the additional setback
requirement must be noted on the final plat.
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Sec. 19-105. Required conditions.
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The conditions specified in this section shall be met in the
R-TH District, except as noted in section 19-106:
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(h) Driveways and parking areas. All roads and private
pavement shall have concrete curbs and gutters. All
private driveways and parking areas shall be at
least 15 feet from the right-of-way of any existing
or proposed public road, except for those roads
indicated on the comprehensive plan as major
arterials where the setback shall be increased to
50 feet. In all cases, these setbacks are subject
to the provisions of section 19-555 of the
Development Standards Manual.
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(1) Frontage on public street. All lots shall have
frontage on a local street, or have direct access
thereto via private pavement where approved by the
director of transportation. All streets that
accommodate general traffic circulation through a
subdivision, as determined by the director of
transportation, shall be designed and constructed
to VDOT standards and taken into the state system.
Approved lots not fronting on a local street shall
front on private pavement designed and constructed
in accordance with the provisions of Chapter 17.
At time of preliminary plat review, streets may be
designated as special access streets as approved by
the directors of transportation and planning,
provided that sidewalks and street trees are
accommodated.
(m) Common area. A minimum of 30 percent of total gross
acreage shall be provided as common area. Except
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where groups of lots front or abut a public street,
a common area that is a minimum of five feet in
width shall be provided adjacent to all groups of
lots.
(o) Common area shall include designated land
conveniently accessible within the development
suitable for recreational use by the occupants.
Common area shall be not less than ten percent of
the total gross acreage of the project, and in no
event shall total less than 1 1/2 acres.
Recreational facilities, including active and
passive recreation and community buildings shall be
provided, as deemed appropriate during preliminary
subdivision approval. Issuance of building permits
for townhouses shall be in conjunction with the
phasing of recreational facilities in accordance
with the approved preliminary plat.
(n) Common areas and ownership of property. Areas which
are not contained in public roads or in lots that
are conveyed to individual owners shall be
maintained by and be the sole responsibility of the
developer and/or owner of the townhouse
development, unless and until the developer and/or
owner conveys such areas to a nonprofit corporate
owner, whose members shall be all of the individual
owners of townhouses in the development, or to a
nonprofit council of co-owners as provided under
Code of Virginia, § 55-79.1 et seq. The land shall
be conveyed to and be held by the nonprofit
corporate owner or the nonprofit council of co-
owners solely for the recreational and parking
purposes of the individual townhouse lot owners. If
the developer and/or owner makes the conveyance to
a nonprofit corporate owner, deed restrictions and
covenants, in a form and substance satisfactory to
the county attorney, shall provide, among other
things, that any assessments, charges and costs of
the maintenance of such areas shall constitute a
pro rata lien against the individual townhouse
lots, inferior in lien and dignity only to taxes
and bona fide duly recorded deeds of trust on each
townhouse lot. An applicant, seeking to subject
property to townhouse development under this
article, whose ownership or interest in the
property is held by a valid lease, shall provide
for an initial term of not less than 99 years in
such lease.
(o) Architectural plans and landscaping plans. In
conjunction with construction plan submission,
architectural renderings/elevations and landscaping
plans shall be submitted to the planning department
for approval.
(p) Street trees. Within townhouse projects, street
trees shall be installed along both sides of all
public and private streets.
Sec. 19-106. Exemptions.
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i. Ownership of open space and common area. Areas
which are not contained in public roads or
within lots conveyed to individual owners
shall be maintained by and be the sole
responsibility of the developer and/or owner
of the townhouse development, unless and until
the developer and/or owner conveys the area to
a nonprofit corporate owner whose members
shall be all of the individual owners of
townhouses in the townhouse development, or to
a nonprofit council of co-owners as provided
under Code of Virginia, § 55-79.1 et seq. The
land shall be conveyed to and be held by the
nonprofit corporate owner or the nonprofit
council of co-owners solely for the
recreational and parking purposes of the
individual townhouse lot owners. If the
developer and/or owner makes the conveyance to
a nonprofit corporate owner, deed restrictions
and covenants, in a form and substance
satisfactory to the county attorney, shall
provide, among other things, that any
assessments, charges and costs of the
maintenance of the areas shall constitute a
pro rata lien against the individual townhouse
lots, inferior in lien and dignity only to
taxes and bona fide duly recorded deeds of
trust on each townhouse lot. An applicant
seeking to subject property to townhouse
development under this section whose ownership
or interest in the property is held by a valid
lease, shall provide for an initial term of
not less than 500 years in such lease.
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Sec. 19-128. Required conditions.
The conditions specified in this section shall be met in the
A District.
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(f) Required lot area. Each single family dwelling,
permanent manufactured home and temporary
manufactured home, together with accessory
structures, hereafter erected shall be located on a
lot having an area of not less than 5 acres and a
lot width of not less than 150 feet and road
frontage of not less than 250 feet. In this
instance, the required minimum road frontage width
shall be maintained for a depth required to create
a 5 acre lot or in an arrangement approved by the
director of planning after determining that the
configuration is appropriate based upon limitations
imposed by the lot shape or environmental features.
All other permitted structures, together with
accessory structures, hereafter erected shall be
located on a lot having an area of not less than
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43,560 square feet and a lot width of not less than
150 feet.
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Section 19-200.1. Purposes and intent of district.
(a) The purpose of the Traditional Neighborhood
Development District (TND) is to allow development of mixed-
use, pedestrian-oriented, activity centers containing a
variety of uses, including business, retail, residential,
cultural, educational, and other public and private uses.
The TND district incorporates publicly accessible common
areas, encourages high quality development and redevelopment
that stimulates investment, generates jobs, increases
available housing options, and expands the county's tax base.
The TND district also permits a compatible mix of uses in a
single structure or a group of structures on a parcel or
group of parcels and is intended to discourage piecemeal
development. The TND district will facilitate investment by
increasing the number of permitted principal and accessory
uses in a single district and will encourage high quality
redevelopment by permitting greater regulatory flexibility,
and innovative and creative design.
(b) This district is meant to allow the optional
development and redevelopment of land consistent with the
design principles of traditional neighborhoods, which are
referred to as neotraditional, and new urbanism. Generally,
the following design principles are associated with TND
development.
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(3) Nonresidential land uses, civic, common area and
open space, are mixed with residential land uses.
The TND district also provides a community center
and focus to establish a strong neighborhood
identity. Traditional neighborhood development
promotes a mix of housing types on varying lot
sizes.
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Sec. 19-200.7. Application procedures and approval process.
The TND district becomes part of the zoning map upon
approval of an application to rezone property according to
specified criteria contained in Section 19-200.8. The
process to create a TND district consists of two parts;
rezoning the property to TND, and, as part of the rezoning
process, approval of a Master Plan and a Design Guidelines
Manual. The Master Plan consists of a generalized graphic
description of the project's proposed mix of land uses,
densities, open space, common area and other amenities
according. to the provisions of section 19-14(d)(1) The
Design Guidelines Manual will govern the site-specific design
features associated with the project throughout its
development. The standards for development that are
submitted by an applicant and approved by the board of
supervisors for a particular TND district, as well as any
other applicable provisions of the County Code, shall be the
standards by which the project will be developed.
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Sec. 19-200.8. Rezoning application requirements; required
documents and information.
The following documents and information shall be
submitted to the planning department and any other
information required by the director of planning necessary to
evaluate a rezoning application and its associated plans for
development.
(a) Master Plan. The following items shall be shown in the
Master Plan in a map and/or textual form.
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(5) The amount of land devoted to common area and open
space, including conservation areas or preservation
areas, etc.
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Section 19-200.9. Development plan review process: overall
development plan.
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(b) Overall Development Plans shall include information
deemed necessary by the director of planning to insure
compliance with zoning conditions and the zoning
ordinance's purposes, including but not limited to:
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(8) Common areas;
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(c) For the purposes of subsequent site plan and subdivision
review, the ODP shall identify the blocks and/or areas,
including adjoining roads and common areas that shall be
reviewed using the site plan or subdivision review
process. Determination of which review process shall be
used for each block and/or area shall be made by the
planning department based upon input from participating
review departments.
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Section 19-200.11. General design standards and guidelines.
The following design standards and guidelines shall be
applicable for all development within the TND district.
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(b) Mix of Uses in Project Design: To achieve the compact
design necessary to make the TND fully pedestrian
oriented, residential and non-residential land uses must
be sufficiently mixed horizontally across the project
and vertically within buildings. The non-residential
development serving the TND shall progress with the
residential development. The project should be
organized so that higher density residential blocks are
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located within one-quarter (1/) mile of the community
center. Lower density residential blocks may be located
beyond one-quarter mile from the community center.
Because existing uses surround an in-fill TND project,
lower residential densities adjacent to the community
center should be evaluated at time of zoning with
regards to transition of uses.
(1) Within a TND project, a minimum of thirty (30)
percent of the acreage shall be used for non-
residential development, and at least 40 percent of
the total square footage of ground floor non-
residential development shall have over shop
housing. The percentage of project acreage for
non-residential buildings shall include the
buildings and all parking, sidewalks, streets,
common area and open space directly associated with
these buildings.
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(d) Community Center: The community center of a TND project
shall consist of a mix of office, commercial,
residential, civic or institutional, common area and
open space uses as identified below.
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(4) Common area uses in the community center: Common
area is a significant part of the design of a
traditional neighborhood development. Formal and
informal non-linear spaces are required with a
formally designed central square or commons of
40,000 square feet minimum established as the
primary common open space near the center of the
community center. A smaller informally designed
common area shall serve as a children's park of
20,000 square feet minimum and shall be located
within two blocks of the community center and
adjacent to a primary pedestrian path or sidewalk .
This park shall be furnished with a variety of
children's play equipment and with seating areas
for adults.
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(e) Common Area: At least 20 percent of the gross acreage
of the entire TND project shall consist of common
area for the common use and enjoyment of residents,
visitors and employees within the TND and shall be
clearly delineated in the overall development plan.
A minimum of 85 percent of the residential units
within the TND project devoted to residential uses
shall be within 1/ mile of an improved common open
space area such as a park or plaza having a minimum
area of 20,000 square feet that includes, at a
minimum, improvements such as benches, activity
areas, and landscaping. Internal bikeways and
pedestrian walkways shall connect between all
improved common areas. Within an infill TND, the
percentage of common open space, the distance to
common open space areas, and the connectivity between
common areas for infill TND projects may be modified
by the director of planning based upon available
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common area and pathways within the sphere of
influence and the amount of land available within the
infill TND.
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Sec. 19-233. General performance criteria.
Any use, development or redevelopment of land within a
Chesapeake Bay Preservation Area shall meet the following
performance criteria:
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(1) For sites subject to subdivision review, the
subdivider shall post signs demarking the limits of
the RPA so builders and homeowners may be informed
as to the limitations imposed on these areas.
Specific plans for the exact number and placement
of the signs shall be approved by the director of
environmental engineering.
(m) Except for the Upper Swift Creek Watershed, all new
construction and substantial improvements of
residential dwellings shall have minimum setbacks
from an RPA which encroaches within a lot or parcel
that is the lesser of the applicable yard setback
requirement of the underlying zoning district or 25
feet. Specifically, setbacks shall be measured from
the closest boundary of the RPA to the principal
structure and the required setbacks shall be
determined by the yard in which the RPA boundary is
located. In the Upper Swift Creek Watershed, all
new construction and substantial improvements of
residential dwellings shall have a minimum setback
from the RPA of 35 feet.
(n) Except for the Upper Swift Creek Watershed, all new
construction and substantial improvements of
residential dwellings shall have a minimum setback
of at least 25 feet horizontal distance from the
outer most boundary of nontidal wetlands not
located within resource protection areas. In the
Upper Swift Creek Watershed, all new construction
and substantial improvements of residential
dwellings shall have a minimum setback of at least
35 feet horizontal distance from the outer most
boundary of the nontidal wetlands not located
within resource protection areas.
(o) All new construction and substantial improvements
of nonresidential structures and accessory
buildings shall meet requirements of Sec. 19-
58 (a) (7) .
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Sec. 19-241. Design criteria for all basins.
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(3) Water or wastewater lines shall not be located
within any stormwater management or best management
practice facility unless approved by the directors
of environmental engineering and utilities.
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Sec. 19-261. Schematic plans.
(a) Unless a master plan or similar plan has been
approved at the time of zoning approval, a
schematic plan shall be submitted for any project
containing a mixture of residential and
nonresidential uses. Prior to site plan or
preliminary plat approval, the schematic plan shall
be approved by the planning commission.
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Sec. 19-264. Preparation and submission of site plans.
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(d) Every site plan shall contain the following
information, where applicable:
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(3) Recreation, common area or open spaces;
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Sec. 19-265. Site plan processing.
(c) If approval of a feature of a site plan by a state
agency or public authority authorized by state law
is necessary, the director of planning shall
forward the site plan to the appropriate state
agency or agencies for review within ten business
days of receipt. If the County has not received
written comments from the Virginia Department of
Transportation within 90 days after the Department
of Transportation receives the plans from the
Director of Planning, the County may assume that
the Department of Transportation has no comments
and the County may act on the plans.
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Sec. 19-274. Preparation and submission of improvement
sketches.
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(b) When necessary and applicable, as determined by the
director of environmental engineering, every improvement
sketch shall be prepared in the following manner and show the
following information.
(3) Recreation areas, common areas and open space;
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Sec. 19-301. Definitions.
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Acreage, developable: For the purposes of TND districts
only, the total land area within a zoning lot or within a
block for a TND project, minus areas that are not developable
including but not limited to resource protection areas,
wetlands, perennial stream protection areas, lakes, railroad
rights of ways, and cemeteries. Within a TND, common area as
approved in the overall development plan shall be included as
developable acreage within each block.
The total land area within a zoning lot or a block shall be
measured from existing public rights of way, from the center
of proposed street rights of way, and from the edge of any
land or water area not developable.
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Code: Code of the County of Chesterfield, 1997, as amended.
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Common area: Land within a development or project which is
designed, developed and maintained for the use and enjoyment
of all residents of the development and/or the general public
for any of the following purposes: as natural vegetation or
landscaped areas; for aesthetic and accessible ponds and
BMPs; active or passive recreational uses including but not
limited to sidewalks, walking and biking paths, playgrounds,
swimming pools, and tennis courts; for outside public
gathering areas set aside for temporary activities and events
such as, but not limited to, art shows, annual celebrations,
and special outings that support the recreational nature of
open space; and parking lots and buildings accessory to any
of these uses. Resource protection areas, perennial stream
protection areas, and storm water management and "best
management practices" (BMP) areas are excluded from the
calculation of common area to meet minimum common area
requirements except for those areas used as a design feature,
recreational amenity or greenway as determined during plan
review. Except for parking lots related and accessory to
permitted common area uses, common areas shall exclude
private pavement and wetlands.
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Development: A tract of land developed or proposed to be
developed as a unit under .single ownership or unified control
which is to be used for any business or industrial purpose or
is to contain more than one residential dwelling unit. For
purposes of the floodplain management ordinance, any manmade
change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
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Environmental site assessment: A written evaluation of a site
by a qualified expert for the purpose of boundary adjustments
to determine the existence of any one of the features of a
resource management area, as identified in section 19-231, or
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to delineate wetlands to establish a resource prote~tior
area.
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Infill TND project : The intent of the infill TND project is
to establish a complete TND with a blend of residential types
and densities that relate to a commercial community center
and that is interconnected with streets for vehicular access
and with pedestrian pathways and common area. By inserting
residential or commercial components of a TND project that
are missing in an area with existing development or
redevelopment, an infill TND project begins establishing a
network of pedestrian pathways with areas of common area and
opportunities for economic development within walking
distance of existing neighborhoods. The extent that an
infill TND, combined with other properties within its sphere
of influence to equal 60 acres minimum, accomplishes the
general characteristics of a TND project shall be established
at time of zoning.
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Open space: Unless otherwise specified, any area not occupied
by a building, structure, drive or parking area. For
residential development, open space includes any area not
contained in individually owned lots or public roads.
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Plan Review: The term "plan review" includes schematic,
site, overall development, and subdivision preliminary, final
and construction plans or plats.
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Private Pavement: Privately maintained pavement areas
including access and drive ways, alleys, parking areas and
fire access roads within recorded open space or within
easements held by homeowners association or other entity on
private property.
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Road: Unless otherwise specified, same as Street
a o 0
Street, residential collector: A street which is projected to
carry average daily traffic volumes above the acceptable
level established by the planning commission Stub Road Policy
and which typically does not permit access to individual lots
except as provided for by Sec.l7-77.
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Street, special access: Except where approved through the
subdivision process in R-TH districts, a street which
primarily accommodates vehicular movement in a designated
area between commercial and/or industrial developments
thereby minimizing the necessity for movement to occur on
other streets and/or arterials and limiting the number of
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access points to other streets and/or arterials. Such street
does not normally accommodate through traffic movements but
rather facilitates traffic movement between uses. Such street
shall be a public right-of-way.
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Yard, corner side: For a corner lot, the yard extending
across the side of the lot between the right-of-way and the
nearest line of the main building from the front yard to the
rear property line. The longer lot frontage shall be
considered the corner side yard.
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Yard, rear: A yard extending across the rear of a lot between
the rear line of the lot and the nearest line of the main
building, excluding the corner side yard on a corner lot.
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Sec. 19-505. Measurement of yards.
a o 0
b) Except as otherwise provided, the minimum depth
specified herein for front and corner side yards
shall be measured horizontally from the existing
street right-of-way line. Where a street is
designated for widening or extension by an adopted
plan, the measurement shall be taken from the future
right-of-way line. For lots in a subdivision, where
adjacent to a recorded temporary turnaround easement,
the yard minimums shall be determined in accordance
with Sec. 19-561. Yard measurements may be rounded to
the nearest tenth of a foot. In determining the
location of future right-of-way lines, the street
shall be assumed to be widened equally on both sides
of the established centerline to the full width
designated by an adopted plan, unless (i) determined
otherwise by the director of transportation or (ii)
the department of transportation has on file an
attested copy of an officially adopted detailed
highway plan for such street widening, extension or
location. Except for special access streets and
streets reduced through the subdivision process, no
street in an R-TH, R-MF, R, MH-2, MH-3 or A District
shall be considered, for the purpose of this section,
as having a right-of-way less than 50 feet wide and
in any other district less than 60 feet wide. Each
yard shall be measured horizontally to the nearest
point of the building or use area, except for
allowable projections. Special access streets shall
be considered, for the purpose of this section, as
having a right-of-way or easement width of a minimum
of 50 feet. Except as provided in Sec. 19-105(1),
setbacks from special. access streets shall not be
required unless the director of transportation
determines that they are necessary to achieve safe
ingress and egress to the property adjoining the
street. Special access streets shall not be located
within required front or corner side yard setbacks.
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Sec. 19-510. Restrictions and limitations--Agricultural,
residential, residential townhouse, multi-family residential,
manufactured homes.
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(d) In R-TH districts, off street parking for lots
shall not be provided in the yards adjacent to special
access street.
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Sec. 19-513. Parking spaces required.
Except as provided for in sections 19-510 (c) or 19-608(a),
the minimum number of parking spaces to be provided for each
use shall be as follows:
Use
(a) Residential and
Lodging:
(1) Except as noted in
subsections 2 and 3,
dwellings, to include
single-family, two-
family, multifamily,
townhouses and
manufactured homes
outside of MH-1
zoning districts
Number of Spaces
2 for each dwelling unit.
Townhouse developments shall
provide 1 additional space
for each 5 dwelling units as
guest parking.
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Secs. 19-517. Landscaping plan and planting requirements.
(a) Landscape plans generally: Landscape plans shall
be submitted in compliance with the requirements of this
chapter. At a minimum, a conceptual landscaping plan shall
be submitted and approved prior to the approval of a final
site plan, subdivision construction plan or overall
development plan. A detailed landscape plan must be
submitted and approved prior to building permit issuance for
sites requiring a site plan, prior to recordation of a
subdivision final plat or prior to the release of a temporary
certificate of occupancy, if a site evaluation determines
that a detailed landscape plan is needed.
(b) Conceptual Landscape Plan. Conceptual landscape
plans shall be drawn to scale, show all site improvements and
include the following additional information:
• Property lines;
• Easements and rights-of-way;
• Underground and overhead utilities;
• Fire hydrant locations;
• If site is to be lit, a conceptual lighting layout;
• Parking lots;
• Best management and stormwater management areas;
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• Dimensions and distances of perimeter yards and
buffers;
• Trees or shrubs proposed to be removed or
preserved;
• Protection method for trees or shrubs to be
preserved; and
• Landscape requirements, to include but not be
limited to, those required for each yard, buffer,
parking lot or best management practice area. The
plan shall show the general layout of existing
vegetation to be preserved and proposed trees and
shrubs, designating them as large or small
deciduous trees, evergreen trees, medium shrubs or
small shrubs/groundcovers.
(c)Detailed Landscape Plan. Detailed landscape plans shall
be drawn to scale and include the following
information:
• All information required on the conceptual plan;
• Specific plant species and sizes for each of the
plant types; and
• Details, notes and any plan specific requirements.
(d)Site Evaluation. Upon completion of grading or
construction activity which may affect required
landscape areas, the site may be inspected by the
planning department to evaluate quality of remaining
trees, changes to slopes and/or drainage, or other
issues that may affect the landscape design. If the
evaluation reveals that modifications are necessary to
the approved landscape plan, a revised plan shall be
submitted for approval.
Secs. 19-518. Plant material specifications.
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(c) Landscaping design: Generally, planting required by
this subdivision should be in an irregular line and spaced at
random, except where otherwise indicated in any applicable,
officially adopted plans and guidelines for landscaping.
Clustering of plants and tree species shall be required to
provide a professionally acceptable composition and mix of
vegetation. Decorative walls and fences may be integrated
into any landscaping program. The use of such walls or
fences, having a minimum height of three feet, may reduce the
amount of required plant materials as determined at the time
of plan review.
(d) Tree preservation:
(1) Generally: Whether parcels are developed or
undeveloped, preservation of existing trees and shrubs within
required setbacks along public roads and required buffers
shall be maximized to provide continuity, improved buffering
and to minimize new landscaping that needs watering. All
trees located within a buffer or the setback from a public
right-of-way, shall be retained unless removal is necessary
to accommodate vehicular access and/or utilities that run
generally perpendicular through the setback, and which is
approved through. site, subdivision or schematic plan review
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with exact locations of access and utilities determined by
the director of planning.
(2) Tree Limbing: Existing trees may have lower branches
removed up to one third of the current height of each tree as
follows:
(a) For sites requiring site plan approval, limbing may
occur within setbacks along rights-of -way to provide
visibility into the site.
(b) For all sites, when the planning department
determines that limbing is necessary to insure healthy
growth of understory vegetation.
(3) Preservation credit: Any healthy existing tree or
shrub may be included for credit towards landscaping
requirements as long as credited existing vegetation is
reasonably distributed throughout the length of the
setback or buffer area.
If any preserved tree or shrub that has been credited
dies, one tree or shrub shall be planted for each tree
or shrub lost. The removal of existing trees in
required setbacks from public roads and buffers without
written approval from the Planning Department shall
result in two trees or shrubs being planted for each
tree or shrub removed. All existing vegetation which is
to be preserved on the site shall be shown on the
required landscaping plan and grading and erosion
control plans, or when there are groups of trees or
shrubs, such groups may be outlined. Any existing trees
to be removed shall be clearly delineated on the
landscaping plan and grading and erosion control plan.
Existing tree groups that are too dense to support
healthy forest growth or setbacks that include diseased
or dying trees shall be evaluated by the planning
department at the request of the owner for trees that
can be approved for removal. Land disturbance other
than for access or utilities is allowed in setbacks
along public rights-of-way, as long as the land
disturbance is no closer to existing trees than is
established by one foot of radius for a root protection
zone for each inch of trunk diameter measured at four
and one half feet above grade (dbh-diameter at breast
height). However, under no circumstances shall the root
protection zone be required to extend beyond the setback
limits. All limits of land disturbance and tree
protection around and in the setback shall be clearly
documented on the landscape, grading and erosion control
plans.
(e) Maintenance:
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(ii) Maintenance responsibilities of required
street trees within a subdivision shall be
specified on the final plat to be the
responsibility of the homeowners association.
Street trees shall not be removed during or after
construction of residences. Trees removed shall be
replaced with a like species and in a size
comparable to the original planting.
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(f) Installation and bonding requirements:
(1) All landscaping shall be installed in
accordance with professionally accepted
landscaping practices and procedures.
Landscaped areas shall be protected from
vehicular encroachment by such means as, but
not limited to, wheel stops, concrete curbs or
bituminous curbs.
(2) For property subject to subdivision plan
review, bonding shall be provided for any
landscaping improvements not completed prior
to final plat recordation. The bonding shall
be in a form of surety satisfactory to the
director of planning, in an amount equal to
the costs of completing the required
landscaping. Except, as otherwise provided in
this section, any required landscaping shall
be installed within one year of recordation.
(3) A certificate of occupancy shall not be
issued until either:
(a) the required landscaping is completed in
accordance with the approved landscape
plan; or
(b) a form of surety satisfactory to the
director of planning has been submitted in
an amount equal to the costs of completing
the required landscaping. This requirement
shall not preclude the phasing of landscape
installation as may be approved by the
director of planning.
(4) If surety has been submitted for any
certificate of occupancy, the required
landscaping shall be installed by the first
planting season following date of issuance of
the surety or the surety may be forfeited to
the county.
(a) For property subject to site plan review,
to insure replacement of unhealthy, dying,
dead or pollarded landscaping within the first
year of installation for sites where the cost
of required landscaping is more than $1000
(based on a landscape contractor's estimate
satisfactory to the director of planning), one
of the following shall be accomplished:
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(h) Street trees: During the site and subdivision
construction plan review processes, and for a TND project
during the overall development plan review process, required
street trees shall be shown including species and caliper,
and submitted to, and approved by, the director of planning.
In addition, if proposed street trees are to be planted
within rights-of-way a plan shall be submitted to VDOT.
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(6) The subdivider or developer shall at their expense
install all required street trees identified on the
approved plans prior to recordation or surety shall
be provided in the amount approved by the director
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of planning and in a form accepted by the county
attorney's office, sufficient to guarantee
installation. Any surety shall be held by the
director of planning. Installation of required
street trees within a subdivision shall be
completed prior to certificate of occupancy for any
lot on which a street tree is located and prior to
state acceptance of the subdivision's streets for
any required street trees located outside of lots.
(i) Landscaping of Best Management Practices (BMP):
Any BMP required for water quantity or quality control and
that is located in public view shall be landscaped and
otherwise improved so that the facilities are visually
enhanced. These improvements shall include landscaping of
sloped edges above full water elevation, and shall include
any of the following as required by the director of planning:
fountains (wet ponds), curvilinear pond forms, varied
contouring of land forms (dry ponds), or other enhancement
method as deemed appropriate. Any fencing used shall be of an
ornamental design. At the time of plan review, a plan
depicting these requirements shall be submitted for review
and approval. Under no circumstances shall requirements for
landscaping interfere with any County requirements for the
basin design, access, or maintenance.
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Secs. 19-520. Purpose and intent.
(a) Buffers shall be designed to provide a horizontal
distance and open space between certain uses; preserve
vegetation; provide transition and separation; reduce noise
and glare; maintain privacy, and/or preserve existing
forested vistas adjacent to arterial roads. Buffers shall
provide intermittent visual separation between uses and
between residential dwellings and roads where required.
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Secs. 19-521. General provisions for buffers and screening.
(a) In addition to the buffers required herein, the
board of supervisors or board of zoning appeals may require
buffers at the time of their final decision on applications
before them. Buffers shall be of such length, width and type
as will effectively and appropriately buffer one use from
another use where such uses are deemed to be incompatible,
whether such uses are within the same districts or in
different districts. Such buffers shall not be used for any
purpose other than as permitted herein, or as permitted by
the action of the board of supervisors or board of zoning
appeals.
(b) Existing mature vegetation located within required
buffers shall be maintained unless removal is approved during
plan review. Further, preserved vegetation may be substituted
for required landscaping materials if approved during plan
review.
(c) Buffers shall be provided on the lot or parcel
being developed with all buffers complying with the matrix
contained in section 19-523. On zoning lots with split
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zoning, any A, R, R-TH, or R-MF zoned portion of the land
within the zoning lot may be used for the purpose of part or
all of the required buffer when designated as a buffer in a
perpetual easement as measured from the Zoning District line.
The perpetual buffer easement shall only be allowed if
approved during schematic, preliminary plat, or site plan
review, and shall be recorded as such with the County Clerk
and included with the electronic submission of plans to the
County prior to issuance of the land disturbance permit. If
a split zoned lot is created through the resubdivision of
residentially platted property, final plats shall be re-
recorded that reflect the changes to the residential lots.
(d) Except as allowed by Sec. 19-521(c), buffers shall
be required at the outer boundaries of a lot or common area
and shall be provided except where openings may be required,
as approved at the time of plan approval.
(e) Unless otherwise specified, buffers not subject to
subdivision plan review shall be inclusive of required yards.
(f) Except as provided in this subsection, any buffer
subject to subdivision plan review shall be exclusive of the
following: easements which are generally parallel to the
buffer, street fill slopes, any street cut slopes steeper
than 3 to 1 and required setbacks. Building setbacks from
buffer(s) that encroach within a lot shall be based upon the
lesser of the applicable yard setback requirements of the
underlying zoning district or 25 feet. Easements crossing
buffers shall generally be at right angles or shall cross the
buffer so as to have the least impact to the buffer.
(g) When required, screening shall provide complete
visual separation of outside storage, loading docks, overhead
doors, service areas, trash collection storage areas, vehicle
storage yards and similar uses.
(h) The only uses permitted by right in buffers shall
be landscaping and screening as permitted herein; however,
signs; security fencing; utilities which run generally
perpendicular through the buffer; pedestrian walkways; or
similar uses may be permitted through plan review, provided
that the uses are consistent with the purposes stated in §
19-520 are maintained.
(i) For all buffers, up to fifty percent of the required
small maturing deciduous trees may be changed to evergreen
trees
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(j) Except for buffers required by the board of
supervisors or by the board of zoning appeals, the
requirements for buffers and screening may be waived and/or
modified during site plan review and approval under any of
the following conditions:
(1) When the adjacent lot is in an R District and is
occupied by a nonresidential use. If the adjacent
lot is vacant, its use shall be considered as
residential unless the county's adopted
comprehensive plan designates such lot for
nonresidential use.
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(2) When the parcel is located within the Chester
Village Area, adjacent property is not designated
by the plan for single-family land uses and the
requirements of section 19-609 have been met.
(k) Except for buffers required by the board of
supervisors as a condition of zoning or by the board of
zoning appeals, the requirements for buffers required by Sec.
19-523.B. may be waived and/or modified during subdivision
plan review and approval under any of the following
conditions:
(1) For buffers located along arterial roads in the
Upper Swift Creek Special Buffer Area, up to 100 feet of
total easement width generally parallel to the buffer may be
permitted within the buffer, provided that a vegetated buffer
no less than 25 feet in width is maintained between the
easements and any lot lines.
(2) Parallel along the road side of a buffer a total
easement encroachment of up to 15 feet in width for an
arterial road buffer and 10 feet in width for a collector
road buffer may be permitted within required buffer areas
provided that the buffer is located within open space, and
plantings are provided to the density required for the
applicable road type. In no case shall the vegetated buffer
width be reduced to less than 25 feet between easements and
any lot lines. The proposed easement encroachment shall be
depicted at time of construction plan approval.
(3) Subsequent to preliminary plat approval, the
director of transportation and the director of planning may
administratively authorize modification to buffer widths
adjacent to publicly funded collector or arterial road
projects up to a maximum of 20 feet along an arterial road
and 10 feet along a collector road to facilitate public
easements and/or right-of-way. In no case shall the buffer
width be reduced to less than 25 feet within which no
easement encroachment is permitted.
(4) In accordance with this subsection, the director of
planning may approve alternative landscape designs at time of
preliminary plat review:
a. For any buffer, the director of planning may reduce
the shrub requirement where it is determined that another
feature such as topography or existing mature vegetation
would limit the effectiveness or necessity for shrubs. This
reduction may also be granted at time of final plat review
based upon field conditions.
b. For any required buffer located within an area of
significant or unique topographical variation which, in the
opinion of the director planning, provides sufficient
screening of lots and which negates access to the road which
required the buffer.
c. If the location of a BMP within the required buffer
adjacent to a public road is necessary due to unique site
circumstances, as determined by the director of environmental
engineering, the director of planning may permit such use and
provide relief to the buffer requirements provided that:
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1) the BMP is located within recorded open space and
the related screening is kept free of debris by the
homeowners association,
2) in addition to the requirements of Sec. 19-518(1),
compensating improvements such as plantings, berms,
decorative fences or features are provided between homes and
street to accomplish the screening intent of the buffer and
to negate street access from lots, and
3) the facility is in compliance with provisions of
this chapter.
(5) The director of planning may apply conditions to
the preliminary plat and/or the overall conceptual plan to
address any aspect of a buffer along a street required by
this chapter including, but not limited to, relocation of the
buffer area and plantings, use of durable decorative walls
and fences and/or berms, increasing landscaping, adding
temporary fencing to minimize land disturbance, and/or
subdivision redesign; provided that the resulting
improvements and design meet the purpose and intent of such
buffers .
Secs. 19-522. Buffer and screening requirements.
(a) Buffers: Unless otherwise specified, buffers shall
be provided in an unbroken landscape strip in accordance with
section Sec.19-523.
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Secs. 19-523. Buffer width and landscaping requirements.
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A. . B~~feta beta~oea ad~acQat $rapertieas The width and ,laTariscap
n
x
~
r
i
ces.
requireuze,~ts Af buffers shall be determined by> fallowing. mat
1. Buffers Exclusive of the (Northern) Jefferson Davis Corridor. T
required width and planting density of buffers between different zoni
districts shall be determined through this table. The left colu
represents the zoning of the property on which the buffer must
provided, the middle columns represent the zoning district of t
adjacent property, and the right column designates the requir
landscaping to be provided within the buffer.
SUBJECT BUFFER WI DTH (FEET)
PROPERTY Adjacent to Adjacent to Adjacent Adjacent Adjacent
ZONING "A" R-7 thru R- to R-TH to MH to R-MF
tip
occupied by 88, R-C or Equivale
Residential vacant "A" Perimete
property Landscapi
designated on ~s~
Comprehensive
Plan for
Residential
Use
R-TH 50 1 x C
R-MF 50 50 1.5 x C
0-1 40 40 40 40 1 x C
O-2 50 50 50 50 1.5 x C
C-1 40 40 40 40 1 x C
C-2 50 50 50 50 1.5 x C
C-3 75 75 75 75 2 x C
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C-4 75 75 75 75 2 x C
C-5 100 100 100 100 2.5 x C
I-1 100 100 100 100 100 2.5 x C
I-2 .100 100 100 100 100 2.5 x C
I-3 100 100 100 100 100 2.5 x C
[1] If the subject property is adjacent to property zoned O, C or I that is
occupied by a single family residential subdivision, a buffer shall be
provided on the subject property as though the adjacent O, C or I property
were zoned R-7 through R-88 or R-C.
[2] Post construction vegetation shall be equivalent to the multiplier
times the Perimeter Landscaping C requirements of Sec. 19-518 of the Code.
For buffer widths not specified, treatment shall meet the standards of the
next highest buffer width and in no case shall it exceed 2.5 x C.
2. Buffers Within the (Northern) Jefferson Davis Corridor. The required
width and planting density of buffers between different zoning districts
shall be determined in this matrix. The left column represents the
zoning of the property on which the buffer must be provided, the middle
columns represent the zoning district of the adjacent property and the
right column designates the required landscaping to be provided within
buffer.
SUBJECT BUFFER WIDTH (FEET)
PROPERTY
]1] Adjacent to R-7 Adjacent Adjacent Adjacent
ZONING
thru R-88, R-C to R-TH to MH to R-MF
"
"
Equivalent
or vacant
A
Perimeter
property Landscaping
designated on ]z]
Comprehensive
Plan for
Residential Use
R-TH 25 1 x C
R-MF 25 25 1 x C
O-1 25 25 25 25 1 x C
O-2 25 25 25 25 1 x C
C-1 25 25 25 25 1 x C
C-2 25 50 25 25 1 x C
C-3 25 25 25 25 1 x C
C-4 25 25 25 25 1 x C
C-5 25 25 25 25 1 x C
I-1 25 25 25 25 1 x C
I-2 75 75 75 75 2 x C
I-3 100 100 100 100 2.5 x C
[1] If the requirements of the (Northern) Jefferson Davis Corridor allow
building or parking areas to be constructed without being setback from the
property line, a buffer shall not be required.
(2] Post construction vegetation shall be equivalent to the multiplier
times the Perimeter Landscaping C requirements of Sec. 19-518 of the Code.
For buffer widths not specified, treatment shall meet the standards of the
next highest buffer width and in no case shall it exceed 2.5 x C.
B. Buffers adjacent to roads.-for lot subdivisions. Unless otherwise
specified, for property located within a lot ;subdivision, as defined in
.Chapter 17, the required width and plaritr~g density of .buffers adjacent
to roads shall,be determined through this table. Within each of .the
designated areas, the`left,column:~represents the road-.classification, the
middle column tepresents the, required,buf,fer width, and the right column
designates the required iandsa ng to be provided within the buffer.
Upper Swift Creek Special Buffer Area All other areas
for Preliminary plat approved after
October 2007.
Road Buffer Equivalent Road Buffer Equivalent
Classificati Width Perimeter Classificati Width Perimeter
on Landscapin on Landscapin
g [2] [3] g [2] [3]
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Residential 30 1.8 x B Residential 30 1.8 B
Collector Collector
Collector 35 2.1 x B Collector 35 2.1 B
Arterial 100 3 x B Arterial 50 3 x
[1] For lots recorded on or after February 28, 2001. Lots recorded p for
to that date shall comply with applicable conditi ons of develo ent
approval.
[2] Post construction vegetation shall be equivalent to the multip ier
times the Perimeter Landscaping B requirements of Sec. 19-518 of the
Code. For buffer widths not specified, treatment shall meet the stan rds
of the next highest buffer width and in no case shall it exceed 3 x B.
[3] Required plantings may be modified or reduced as provided in sec io
19-521.
Secs. 19-526. Crossovers.
V V V
(a) A crossover, as used in this article, shall mean
any break in the median of a divided road.
(b) Developers of all parcels or lots located at
existing or proposed crossovers shall submit a plan which
addresses access for the surrounding area to the director of
transportation for approval, prior to the site plan or
preliminary plat approval. The director of transportation may
require the owner(s) of such parcels or lots to provide
shared access to adjacent properties by easements and/or
public rights-of-way.
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Sec. 19-551. Street frontage required--Residential and
Agricultural.
(a) Lots or parcels located within Residential or
Agricultural districts shall be subject to the
following street frontage requirements:
(1) Unless otherwise specified in this chapter, any
lot or parcel, used in whole or in part for
dwelling purposes, shall have at least 50 feet of
frontage on a street.
(2) After February 27, 2001, for lots within a lot
subdivision as defined in Chapter 17, the
required frontage shall be at least 50 feet upon
a local street provided that such frontage may be
reduced to 30 feet on the bulb of a permanent
cul-de-sac, at the radial terminus of a loop
street, or on the flagpole portion of a flag lot.
(3) Lots or parcels created through the family
subdivision provisions of Chapter 17 shall have a
minimum of 15 feet of frontage on a street.
(4) Unless otherwise specified in this chapter, where
lots are permitted to front on arterial,
collector or residential collector streets, the
minimum frontage shall be at least 50 feet and
the number and location of driveways shall be
approved by the director of transportation.
(5) No lot or parcel abutting the terminus line of a
public street shall be considered to have
frontage unless it has frontage on a recorded
cul-de-sac of at least 30 feet or is located
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along the terminus line of a stub street as
defined in Sec. 17-85 of the Code, provided that
the stub street is not anticipated to be extended
and is approved as frontage, through the
preliminary or minor subdivision plat review
process.
(6) A lot or parcel without street frontage may be
used for temporary dwelling purposes with a
manufactured home; however, in considering
applications for permits and special exceptions,
in addition to other land use considerations, due
regard shall be given to whether the lot or
parcel has at least 50 feet of frontage.
(b) Unless otherwise specified, no permit for erecting,
moving or converting any building on a lot or parcel
shall be issued unless the street adjoining the parcel
where the building is to be erected, moved or
converted is a part of the state highway system,
primary or secondary. This provision shall not apply
to farm buildings or other structures not designed for
human habitation.
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Sec. 19-555. Required yards for accessory buildings and
structures in R, R-TH, MH and A Districts.
0 0 0
(7) For lots within a subdivision, the setback for an
accessory structure directly adjacent to a buffer required
by Sec.19-523, may be reduced to 5 feet from the buffer.
All other yard setbacks shall comply with this section.
o a o
Sec. 19-559. Required homeowners' association.
(a) A homeowners' association shall be required to be
formed during the final plat process when any of the
following conditions are proposed:
(1) There is to be commonly held property or open
space, and;
(2) There are to be streets/alleys/vehicular/pedestrian
access ways, and/or sidewalks that are not
maintained by the county or VDOT.
(b) In conjunction with the submission of the final
plat, the subdivider shall submit articles of incorporation,
bylaws, and restrictive covenants (collectively bylaws) to
the director of planning and the county attorney's office for
review and approval. An additional copy shall be submitted
for review and approval by the director of utilities to
address ownership and maintenance responsibilities for any
privately owned utilities.
(c) The following elements shall be incorporated into
the bylaws of the homeowners' association:
(1) The homeowners' association, or the developer(s)
until such time as ownership is transferred to the
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homeowners association, shall own and maintain all
commonly held property;
(2) The homeowners' association shall be responsible
for and required to collect sufficient dues, that
at a minimum, provide:
a. Payment of taxes, and
b. Funding for repairs/maintenance and
replacement of facilities in common property.
(3) A homeowners' association required by this section
shall not have the ability to dissolve its
existence nor dispose of real property without
prior written approval from the director of
planning.
(4) The maintenance responsibilities of the homeowners'
association of commonly held property and easements
containing private pavement, pedestrian access
ways, sidewalks that are not maintained by the
county or VDOT, and retaining walls requiring
building permit approval shall be identified in the
restrictive covenants.
(5) The following language: "Any property conveyed to
the County of Chesterfield or to the Commonwealth
of Virginia for roads or other public use shall not
be subject to easements, covenants, conditions,
restrictions or obligations created herein and any
such easements, covenants, conditions, restrictions
or obligations established herein shall be
subordinate to any easements or other property
rights existing or hereinafter conveyed to the
County of Chesterfield or the Commonwealth of
Virginia. This requirement cannot be deleted or
amended without the prior written approval of the
director of planning."
(d) The final plat shall indicate the maintenance
responsibility of the homeowners' association.
(e) In conjunction with recordation, approved articles
of incorporation shall be filed with the Virginia State
Corporation Commission and shall be recorded with the bylaws
and restrictive covenants of the homeowners' association with
the clerk of the circuit court.
(f) Subdividers that are required to create homeowners'
associations under this subsection shall fund the financial
responsibilities of the homeowners association as identified
in (c) above until such time as the operation of the
association, as specified in the restrictive covenants, is
controlled by the residents of the subdivision.
Sec. 19-560. Setbacks from petroleum transmission lines in
agricultural, residential, townhouse residential,
manufactured home, and multifamily residential districts.
For any lot within a subdivision recorded on or after July 7,
1988, a 20-foot minimum setback for all structures shall be
provided from any petroleum product transmission pipeline
easement or 35 foot minimum setback from the pipeline,
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whichever is greater. Such setback shall be depicted on the
final plat.
Sec. 19-561. Setbacks from temporary turnaround easements in
lot subdivisions.
For the main building, the setback shall be the greater of
either 20 feet from the temporary turnaround easement or the
applicable yard setback of the underlying zoning district
from the ultimate right-of-way. Accessory structures shall
be setback from the ultimate right-of-way in compliance with
Sec. 19-555.
Sec. 19-562. Special setback from limited access streets
For all lots within a subdivision recorded on or after
February 28, 2001, a setback distance of 200 feet, exclusive
of required yards, shall be provided from the right-of-way of
a limited access street, unless at time of preliminary plat
the director of transportation approves a lesser distance
based upon a provided noise study, acceptable to the director
of transportation. The limits and requirements of this
setback shall be shown on final plat. Natural vegetation
within the setback area shall be retained, except where
limited removal is determined at time of plan review to be
necessary for the installation of noise attenuation measures.
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Sec. 19-582. Exceptional development standards in the
Jefferson Davis Highway Corridor.
a o 0
Sec. 19-608. Exceptional development standards.
0 0 0
(h) Buffers and screening in the Ettrick Village Core
(EVC): Buffers required by section 19-523A shall not apply.
0 0 0
(2) That this ordinance shall become effective immediately
upon adoption.
And, further, the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY REPEALING CHAPTER 17
AND ENACTING SECTIONS 17-1
THROUGH 17-91 RELATING TO THE
SUBDIVISION OF LAND
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Chapter 17 of the Code of the County of
Chesterfield, 1997, as amended, is repealed and sections 17-1
through 17-91 are enacted to read as follows:
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CHAPTER 17
SUBDIVISION OF LAND
Article I. General Provisions
Sec. 17-1. Purpose of chapter.
Sec. 17-2. Interpretation of chapter.
Sec. 17-3. Administration of chapter.
Sec. 17-4. Approval required for all plats.
Sec. 17-5. Enforcement and Penalties.
Sec. 17-6. Building permit restrictions.
Sec. 17-7. Compliance of recorded plats.
Sec. 17-8. Exceptions.
Sec. 17-9. Fees.
Secs. 17-10.--17-19. Reserved.
Article II. Plats and Platting
Division 1. General Process
Sec. 17-20. Subdivision review.
Sec. 17-21. Procedure for subdivision approval.
Sec. 17-22. Preliminary conference and concurrent review.
Sec. 17-23. Application required.
Sec. 17-24. Posting of public notice.
Sec. 17-25. Procedure for appeals.
Sec. 17-26. Alterations or changes to subdivision
appli cations.
Secs. 17-27.-- Sec. 17-39 Reserved.
Division 2. Preliminary Plat
Sec. 17-40. Preliminary plat review and approval process.
Sec. 17-41. Preliminary plat required Information.
Sec. 17-42. Overall conceptual plan.
Secs. 17-43--Sec. 17-45 Reserved.
Division 3. Final Plat
Sec. 17-46. Final plat purpose and types.
Sec. 17-47. Construction plan process.
Sec. 17-48. Lot subdivision final plat process.
Sec. 17-49. Application and plat.
Sec. 17-50. Minor subdivision final plat.
Sec. 17-51. Residential parcel subdivision final plat.
Sec. 17-52. Family subdivision final plat.
Secs. 17-53-1 7-55. Reserved
Sec. 17-56. Plan and plat requirements.
Sec. 17-57.-- 17-59. Reserved
Division 4. Validation Plat
Sec. 17-60. Validation plat
Article III. Minimum Standards and Improvements Required
Division 1. Standards
Sec. 17-61. Conformity to applicable requirements.
Sec. 17-62. Standard conditions.
Sec. 17-63. Floodplains.
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Sec. 17-64.
resources.
Sec. 17-65.
Sec. 17-66.
Sec. 17-67.
Sec. 17-68.
Sec. 17-69.
Sec. 17-70.
Sec. 17-71.
Sec. 17-72.
Sec. 17-73.
Sec. 17-74.
Division 2. Street Standards
Sec. 17-75.
Sec. 17-76.
Sec. 17-77.
Sec. 17-78.
Sec. 17-79.
Sec. 17-80.
Sec. 17-81.
Sec. 17-82.
Preservation of natural features and historic
Property markers/geodetic monuments.
Stormwater drainage.
Streetlighting.
Easements.
Street and subdivision names and street signs.
Buffers and special setbacks.
Designation of land for public use.
Improvements--Required.
Installation of improvements and bonding.
Maintenance and bonding.
General.
Arrangement and Design.
Access to arterial or collector streets.
Street right-of-way width.
Cul-de-sac streets and temporary turnarounds.
Street intersections.
Alleys and private pavement
Sidewalks.
Division 3. Lot and Parcel Standards
Sec. 17-83. Minimum requirements.
Sec. 17-84. Standards for lots and parcels served by
onsite sewage disposal systems.
Sec. 17-85 Definitions.
Secs. 17-86-17.91. Reserved
r ARTICLE I. GENERAL PROVISIONS
---- --
--
Sec. 17-1. Purpose of chapter.
This chapter is adopted for the following purposes:
1. To promote the public health, safety, convenience and
general welfare.
2. To further the orderly layout and use of land.
3. To avoid undue concentration of population and
overcrowding of land.
4. To minimize congestion in the streets and highways.
5. To provide for adequate light and air and for
identifying soil characteristics.
6. To facilitate adequate provisions for transportation,
water, wastewater, storm drainage, schools, parks,
and other public requirements.
7. To provide for adequate access and mitigating street
improvements.
8. To ensure proper legal description and proper
monumenting of subdivided land.
9. To promote safety from fire, flood, failure of
impounding structures and impacts within dam break
inundation zones, panic, and other dangers.
10. To facilitate the further resubdivision of tracts
or parcels of land.
11. To promote the preservation and integration of
environmental resources into subdivision layouts.
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12. To minimize the impact of development on
environmental resources.
These regulations are established with reasonable
consideration of the character of the county and with a
view toward conserving the value of buildings upon the
land and providing the best possible environment for human
habitation. It is intended that these regulations shall
supplement and facilitate the enforcement of the
provisions and development standards contained in the
comprehensive plan, applicable chapters of this Code and
other applicable laws and regulations.
Sec. 17-2. Interpretation of chapter.
A. The provisions of this chapter are the minimum
requirements for the promotion of the public health,
safety, convenience and general welfare.
B. where the conditions imposed by this chapter are
different from the comparable conditions imposed by any
other provisions of this chapter or of any other
applicable regulation of any kind, the regulations which
are more restrictive and impose higher standards or
requirements shall govern.
C. This chapter is not intended to invalidate any easement,
covenant, or other private agreement; provided that
where the regulations of this chapter are more
restrictive or impose higher standards or regulations
than such easement, covenant, or other private
agreement, the requirements of this chapter shall
govern.
D. An applicant with an unexpired pending lot or parcel
subdivision application received prior to DATE shall be
reviewed in accordance with the provisions of this
chapter in effect at the time of the initial application
unless the applicant submits a written request for
review under the provisions of the current ordinance.
Sec. 17-3. Administration of chapter.
A. The director of planning is hereby delegated the
authority to administer this chapter.
B. The director of planning shall perform all duties
regarding subdivision and subdividing in accordance with
this chapter and applicable state law.
C. The director of planning may call on opinions or
decisions, either oral or written, from county officials
in considering details of any submitted plat.
D. The director of planning may, from time to time,
establish any reasonable administrative procedures
deemed necessary for the proper administration of this
chapter.
E. The director of planning and personnel in other
reviewing departments may impose such conditions in
approving subdivisions as are necessary to meet the
requirements of this chapter.
F. Notwithstanding the above, the directors of
environmental engineering and utilities shall administer
the improvements required by Secs.17-72--17-74, and the
director of transportation and Fire Marshal shall assist
in administering Sec. 17-72.
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G. The director of planning shall maintain a copy of this
chapter and any amendments thereto, in compliance with
Code of Virginia § 15.2-2252.
Sec. 17-4. Approval required for all .plats.
A. Residential Use. Prior to any subdivision of land, a
plat of the subdivision which is fully in compliance
with this chapter of the Code shall be recorded. Any
plat of a subdivision shall not be recorded unless it
complies with all provisions of this chapter and until
it has been submitted to and approved by the planning
commission or director of planning. The transfer of the
ownership of any lot or parcel of an unrecorded
subdivision shall not be permitted until a plat has been
duly approved and recorded in the circuit court clerk's
office.
B. Nonresidential Use. Prior to recordation of a plat for
property that is intended for nonresidential use, the
plat shall be prominently labeled by the subdivider "Not
For Residential Use" and include the following
statement : '~ I, ( INSERT NAME) affirm that I am the owner
of the property depicted on this plat and do hereby
affirm that the sale/transfer of this property is not
for purposes of creating a parcel for residential use.
This property is zoned (INSERT ZONING DISTRICT). With
respect to Agricultural (A) and Residential (R) zoning
districts, the Chesterfield County Planning Department
has verified with the property owner that this parcel
creation is for nonresidential uses." (PROVIDE DATE AND
SIGNATURE LINES FOR OWNER AND PLANNING DEPARTMENT
REPRESENTATIVE). For property zoned Agricultural (A)
'' and Residential (R), such plat shall be submitted to the
planning department for signature. The plat will not be
subject to further review in accordance with subdivision
review provisions of this chapter. Any residential
building permit shall not be approved on plats so
labeled. Any parcel or lot modified or created by this
plat process, including a residual parcel or lot, may
not be used for residential purposes, until it is
approved through a subsequent subdivision process in
accordance with this chapter. Any plat which does not
meet these requirements or does not comply with the
provisions subsection A shall not be recorded.
C. If any right-of-way or improvements therein are taken or
acquired by the county or any other entity with the
power of eminent domain, such taking or acquisition
shall not, by itself, render the remaining lot or parcel
non-conforming to this chapter.
Sec. 17-5. Enforcement and Penalties.
A. General enforcement duties of director of lanning. The
director of planning shall enforce this chapter and
enforce conditions attached to any approval granted
pursuant to this chapter and he shall have the full
cooperation of all other county officials in the
enforcement of this chapter.
B. Enforcement of conditions. The director of planning may
,take appropriate actions to remedy and prevent violation
or attempted violation of this chapter or conditions of
approval and shall have the authority to issue a
written order to remedy any noncompliance; bring legal
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action, including injunction, abatement or other
appropriate action, to insure compliance; and require a
guarantee, in a form satisfactory to the county
attorney, and in an amount sufficient for and
conditioned upon the construction of any physical
improvements required, or a contract for the
construction of such improvements and the contractor's
guarantee, in like amount and so conditioned, which
guarantee shall be reduced or released by the county,
upon the submission of satisfactory evidence that
construction of such improvements has been completed in
whole or in part. In addition, the failure to comply
with the provisions of this chapter and all applicable
conditions shall constitute cause to deny the issuance
of any of the required occupancy or building permits.
C. Penalties.
1. The director of planning may invoke any lawful
process, such as injunction or abatement, as may be
necessary to prevent, restrain, correct or abate any
violation of this chapter or applicable conditions.
2. In addition, any person violating the following
provisions of this chapter shall be subject to a
judicially imposed fine in the appropriate court of
not more than $500.00 for each lot or parcel of land
so subdivided or transferred or sold:
a. Subdividing land without making and recording a
plat of the subdivision or without fully complying
with the provisions of the subdivision ordinance
and all applicable conditions;
b. Recording a subdivision that has not been submitted
to or approved by the local planning commission,
the governing body or its duly authorized agent; or
c. Selling or transferring any land of a subdivision
before a plat has been duly approved and recorded
as provided in this chapter unless the subdivision
was lawfully created prior to the adoption of the
subdivision ordinance.
The description of such lot or parcel by metes and
bounds in the instrument of transfer or other
document used in the process of selling or
transferring shall not exempt the transaction from
such penalties or from the remedies herein provided.
Sec. 17-6. Building permit restrictions.
A.A building permit for any building or structure may not
be issued for the following lots or parcels:
1. Any lot or parcel created or established in violation
of the provisions of this chapter.
2. Any lot in a recorded subdivision for which
improvement plans have not been approved or for which
surety has not been provided in accordance with this
chapter.
3. Any proposed lot in an unrecorded subdivision.
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4. Any lot or parcel which is not in compliance with
chapter 8 and chapter 16 of the Code.
5. Any parcel recorded after February 27, 2001 that has
not been reviewed and approved in accordance with
this chapter and chapter 16.
6. Any lot or parcel until such time the county has
assigned all necessary coding and addressing.
7. Any lot or parcel that does not have frontage on a
public street as defined in chapter 19 of the Code
unless a variance has been granted in accordance with
the provisions of that chapter.
B. No building permit for any building or structure may be
issued for a lot or parcel created prior to February 28,
2001, unless it was recorded in accordance with the
standards provided in Table 17-6.B. or is validated per
the provisions of Sec. 17-60.
Table 17-6.B. Lot and Parcel Standards as of February 27,
2001 . ~1~
Recordation Road
Area Frontage Width (feet)
Date
(feet)
Prior to Per zoning Per zoning Per zoning
1/1/1980 district district district
Per zoning
50 Per zoning
1/1/1980 to district District
8/24/1988 30,000
square feet 125 150
8/25/1988 to
6/22/1993 5 acres 200 150
6/23/1993 to 300 or
6/30/1999 5 acres 250~2~ 150
Width of
required
7/1/1999 to 300 or frontage
2/27/2001 5 acres 250~2~~3~ maintained to
depth to
achieve 5 acres
[1] Lots or parcels recorded as a family subdivision
shall comply with requirements of zoning district at
time of creation or received applicable variance(s).
[ 2] Road f rontage may be 2 5 0 f eet i f there is a shared
access for parcels.
[3] Access to parcel must be from where the required
frontage is obtained.
Sec. 17-7. Compliance of recorded plats.
Plats recorded prior to February 28, 2001 that created
or modified parcels or lots in violation of the
subdivision ordinance in effect at the time of
recordation are hereby deemed to be in compliance with
the requirements of the subdivision ordinance. However,
prior to the issuance of a building permit on any of
these lots or parcels, the owner must comply with the
validation plat provisions of Sec.17-60.
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Sec. 17-8. Exceptions.
A. Unless otherwise mandated by state code or provided by
this chapter, the director of planning may approve
exceptions to the provisions of this chapter in cases of
unusual situations or where strict adherence to these
regulations would result in substantial hardship. The
director of planning may refer any request to the
planning commission. Exceptions shall substantially
comply with the provisions of this chapter. Exceptions
shall not be approved unless the subdivider demonstrates
that:
1. The granting of the exception will not be detrimental
to the public safety, health or welfare, or injurious
to other property or improvements in the neighborhood
in which the property is located; and
2. Because of the particular physical surroundings, the
topography of the property, size or shape of the
land, the proposed land use or other special
considerations, a particular hardship to the
subdivider would result, as distinguished from a mere
inconvenience, if the strict letter of the provisions
of this chapter were carried out.
B. Application for an exception shall be made in writing to
the director of planning and shall include the following
minimum information:
1. Location of property and physical extent of area for
which the exception is being sought;
2. Specific ordinance sections from which relief is
needed;
3. Request for desired degree of exception;
4. Statement of need for exception, addressing items in
subsection A; and
5. Method(s) to mitigate impacts caused by the
exception, if granted.
C. Upon receipt of a request for an exception in accordance
with this section the director of planning shall post
notice as provided in Sec. 17-24.
D. The director of planning shall review the application
for compliance with the required findings of this
section, and shall, within 30 days receipt of a complete
application:
1. Approve, approve with condition(s), or deny the
application, in writing to the subdivider; or
2. Refer the application to the planning commission.
E. Planning commission review of an exception application,
if applicable, shall occur at the first available
regularly scheduled planning commission meeting
following the director of planning's determination to
refer such application to the planning commission.
F. In approving exceptions, the director of planning or
planning commission may impose such conditions related
to the impact of the proposed exception as may be deemed
necessary to substantially secure the objectives of the
standards and requirements of this Code.
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Sec. 17- 9. Fees. In addition to any other required fees, including
th ose fees imposed by state agencies, the fees provided in this
se ction shall be submitted to the planning department in conjunction
with the specified application or request.
Application Type Fees in Dollars
a. Original submittal
including up to two g00 plus 30 per
1.
Preliminary Plat
resubmittals lot
b. Fourth and
subsequent 700 per submittal
submittals
2. Overall a. Original submittal
Conceptual Plan including up to two 800 per submittal
(if submitted resubmittals
outside of b. Fourth and
preliminary plat subsequent 700 per submittal
review) submittals
3. Lot Subdivision Final Plat 1,100 plus 20 per lot
4. Minor Subdivision Final Plat 1,100 plus 20 per lot
5. Amended or Line Modification Final Plat 85 per platted lot
6. Residential Parcel, Parcel Line Modification 85 per platted
and Family Subdivision Final Plat lot/parcel
7. Onsite sewage disposal system soils analysis
review 155 per lot/parcel
8. Major Change to approved plat 700 per submittal
9. Technical Correction Letter 100 per submittal
10. Exceptions per Sec. 17-8 ~1~ 700 per ordinance
section
11. Deferral request a.40 or fewer days 250 per request
by applicant of
Planning Commission
Public Hearing b.More than 40 days 150 per request
12. Written verification of subdivision or
written subdivision interpretation 75 per request
[1] Applicable review fees shall also apply should such request
require a subdivision plat review process.
Secs. 17-10.--17-19. Reserved
ARTICLE II. PLATS AND PLATTING
DIVISION 1. GENERAL PROCESS
Sec. 17- 20. Subdivision review.
The director of planning or the planning commission, in
the examination of subdivision plats or plans, shall take
into consideration applicable laws and regulations,
zoning, proffers, approval conditions of zoning and board
of zoning appeals, schematic plan approval, the land being
subdivided and provisions of this chapter. Attention shall
be given to items, including, but not limited to, rights-
of-way width, location of streets, private pavement, water
and wastewater sanitary utilities, stormwater management
and environmental protection, lot arrangement, and public
facility requirements such as parks, schools, and other
facilities.
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Sec. 17-21. Procedure for subdivision approval.
A. Following is a summary of the approval procedure for
subdivisions:
1. Preliminary Plat. All proposed lot subdivisions,
except minor subdivisions, must submit a preliminary
plat for approval. An overall conceptual plan shall
be submitted in conjunction with the preliminary
plat, if required by this chapter.
2. Construction
Plan. Construction plans, where
required, shall be the first step in the final plat
process. For residential lot subdivisions,
construction plans may be submitted after a
preliminary plat is approved. For a minor or
residential parcel subdivision, construction plans
may be submitted in conjunction with the initial
final plat review.
3. Final Plat. Final plats are required for all
previously unrecorded lot subdivision plats, parcel
plats, amended or line modification plats, and minor
subdivision plats.
4. Recordation. After the director of planning or
planning commission has provided comments on .the
final plat, the subdivider may submit the final plat
for recordation. Once the final plat has been
recorded, lots or parcels in the subdivision may be
sold.
5. Changes. Changes to subdivision applications shall be
as provided in Sec. 17-26.
B. Review. Any plat submitted in accordance with this
chapter shall be subject to the administrative review
process unless a planning commission review is required
by condition of zoning or as provided in this chapter.
1. Administrative review. The director of planning shall
determine whether the plat or plan is in conformity
with the provisions of this chapter and obtain
recommendations from applicable departments and state
agencies. After receipt of such recommendations, the
director of planning shall:
a. Approve such graphically correct plat or plan
submission with or without conditions; or
b. Disapprove the plat or plan, providing written
findings giving specific reasons for disapproval
to the subdivider. The reasons for the
disapproval shall identify deficiencies in the
plat that cause disapproval by reference to
adopted ordinances, regulations, or policies,
and identify modifications or corrections that
would permit plat or plan approval.
2. Planning Commission review. The director of planning
shall obtain recommendations from applicable
departments and state agencies and submit a report to
the planning commission outlining these
recommendations. After consideration of such report,
the planning commission shall make one of the
following two decisions:
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a. Approve such graphically correct plat with or
without conditions including a referral of the
final approval to staff to ensure that any required
graphical changes are made; or
~.
b. Disapprove the plat, providing written findings
giving specific reasons for disapproval reported to
the subdivider. The reasons for the disapproval
shall identify deficiencies in the plat that cause
disapproval by reference to adopted ordinances,
regulations, or policies, and identify
modifications or corrections that would permit plat
approval.
3. Unless otherwise provided in this chapter or
required by state or federal law, written review
comments for any unapproved plan or plat shall be
valid for a period of one year after the last
reviewing department or agency has provided
comment(s). If comments are not addressed through a
subsequent submittal within this time frame, a new
application and fee shall be required.
C. Review Times. For complete applications, review of a
subdivision plat or plan shall be performed within the
days provided per applicable state laws and regulations.
Deferral of review of the plat or plan at the
subdivider's request shall be deemed to extend the
permitted days to act upon plat.
Sec. 17-22. Preliminary conference and concurrent review.
A. A subdivider may request a voluntary preliminary
conference with the plans review team prior to
submitting preliminary plat or construction plan
applications. The purpose of the preliminary conference
is to expedite application review by identifying and
resolving project-specific major development issues
prior to initial application. The preliminary conference
shall address, at a minimum, the following areas:
1. Environmental
2. Fire and Life Safety
3. Transportation
4. Utility capacity/connection
5. Zoning/conditions of zoning
B. The subdivider and the subdivider's design professional
shall attend the preliminary conference and must submit,
at least one week before the conference, at least five
full-sized copies of a draft plat or plan incorporating
sufficient detail to depict the subdivision proposal and
to evaluate the major areas listed above.
C. Plats or plans submitted within six months after a
preliminary conference in accordance with this section
shall be provided a concurrent review between county and
state agencies.
Sec. 17-23. Application required.
A. An application, including one for any resubmittal,
omitting any item required under this article or
applicable fees pursuant to Sec. 17-9 shall not be
deemed complete and acceptable for review until the
subdivider provides all missing information or fees.
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With the exception of construction plans, the director
of planning shall determine application completeness
within six business days of application receipt. For
construction plans, the plans review team shall
determine application completeness within 15 calendar
days of application receipt.
B. An application resubmittal shall also include a
transmittal sheet or letter which, at a minimum,
includes the following:
1. Project name and county project number,
2. Copy of the most recent project written review
comments with a written response to each item
requiring correction or
submittal. The response
submittal addresses and
written review comment.
change from the previous
should state how the
graphically depicts each
3. Changes that were done which were not a result of
review comments,
4. A clear statement of any disagreement about
interpretation or application of ordinance
requirements, and
5. A written response to review comments for
construction plans and final plats shall be submitted
by the firm preparing the plans or plats.
~, If approval
of a feature of a plat or construction plans by a state
agency or public authority authorized by state law is
necessary, the director of planning shall forward the
plat or plans to the appropriate state agency or
agencies for review within ten business days of receipt
of a complete application.
D. Submission of a subdivision application shall grant the
county, its agents, and other reviewing authorities
(including VDOT and other state agencies) the right to
enter the property at all reasonable times for the
purpose of inspecting the property in conjunction with
the review of the proposed subdivision.
Sec. 17-24. Posting of public notice.
A. Upon receipt of a complete application for a preliminary
or minor subdivision plat, a preliminary plat
incorporating Major Changes as defined in Sec. 17-85 or
an exception in accordance with Sec. 17-8, the director
of planning shall post a sign on the subject property to
inform the public of the application. The notice
provided for by this section shall be posted upon the
subject property and at reasonable intervals along
streets abutting the subject property, or, if there is
no abutting street, then at the proposed street
access(es) to the property. The notice shall be posted
in locations reasonably visible from abutting street(s).
B. The validity of any action on an application, or
transfer request as provided for in this section, shall
not be affected by the unauthorized removal of a notice
which has been duly posted in accordance with this
section. Such posting shall occur for at least 21 days
before the planning commission hearing or date of
administrative action. No action on the applicable plat
application may occur until after the notice period.
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1. Subdivision Application. If the director of planning
receives a transfer request from an aggrieved person
within 15 days of the posting of the sign for a plat
under administrative review, the director shall refer
the plat to the planning commission for review
pursuant to Sec. 17-21B. The transfer request shall
state reasons for concerns which shall be limited to
conditions relating to streets, access, water,
wastewater, stormwater conveyance systems, and
stormwater facilities or to the implementation of
conditions of zoning required to be complied with and
implemented at the time of plat approval.
2. Exception request. If the director of planning
receives a transfer request from an aggrieved person,
within 15 days of the posting of the sign for a
proposed exception under administrative review, the
director shall refer the exception request to the
planning commission for review pursuant to Sec. 17-8.
The transfer request pursuant to this subsection
shall specify reasons for concern with the granting
of the exception.
C. A person is considered aggrieved for the purpose of
requesting a transfer of review to the planning
commission as provided in this section if:
1. They are an owner or lessee of an adjacent property;
or
2. They are an owner or lessee of property who will be
adversely affected by the approval of the subdivision
application or exception in an immediate and
substantial manner not shared by the public
generally. A person shall not be considered
adversely affected for purposes of this section by
any personal financial hardship anticipated as a
result of business competition associated with the
proposed use.
Sec. 17-25. Procedure for appeals.
A. The subdivider, after ten days written notice to the
planning commission or director of planning, may
petition the circuit court to decide whether a
preliminary or final plat should or should not be
approved in accordance with state law if:
1. The director of planning does not act upon the
proposed preliminary plat within 90 days from the
date the completed application has been submitted, or
the planning commission does not act upon the
proposed preliminary plat within 60 days from its
first meeting to consider the preliminary plat; or
2. The director of planning or the planning commission
does not act upon a proposed final plat within 60
days, or within 45 days after it has been officially
resubmitted after a previous disapproval, or within
35 days of receipt of any state agency response,
whichever occurs later. For the planning commission
the applicable time period begins from the date of
its first meeting to consider the proposed plat.
Deferral of review of the preliminary or final plat at
the subdivider's request to enable the subdivider to
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make changes shall be deemed to extend the decision
deadline date.
B. If the director of
takes action on a
subdivider contends
with this chapter,
appeal may be filed
with state law.
planning or the planning commission
preliminary or final plat and the
that such action was not consistent
or was arbitrary or capricious, an
with the circuit court in accordance
J
Sec. 17-26. Alterations or Changes to subdivision
applications.
A. Preliminary Plat. Upon written request of the
subdivider, alterations or changes to approved
preliminary subdivision plat applications may be
processed subject to the following provisions:
1. Major Change. Major Changes, as defined in Sec. 17-
85, to approved preliminary subdivision applications
shall require submittal of a new preliminary plat
application and payment of applicable fees.
2. Minor Change. Minor Changes, as defined in Sec. 17-
85, to approved preliminary subdivision applications
may be accepted without a new preliminary plat
application provided that:
a. Such changes may be administratively approvable by
a Technical Correction Letter as determined by the
director of planning,
b. The Technical Correction Letter may include
conditions and
c. When required by the Technical Correction Letter,
Minor Changes approved therein shall be graphically
depicted on construction plans, or reflected on
updated preliminary plat sheets, as applicable,
should subsequent submittals of the preliminary
plat be required for a Major Change.
3. Major or Minor Changes as provided in this
subsection shall not extend the approval period for
the preliminary plat and shall expire on the same
date as the initial preliminary plat.
B. Construction Plans. Changes to approved construction
plans shall require plan resubmittal and payment of
applicable resubmittal fees, unless such changes are
determined to be administratively approvable without
plan resubmittal by the directors of planning and
environmental engineering.
C. Final plat. Any alteration to a recorded final plat
shall be submitted for review and approval prior to
recordation in accordance with this chapter and shall be
subject to the following provisions:
1. If the director of planning determines that the
proposed alteration results in a Major Change to the
preliminary plat, the final plat shall not be
approved and a new preliminary plat must be submitted
and approved in accordance with this chapter.
2 . A recorded f final plat may only be altered through an
Amended or Line modification plat as defined in Sec.
17-85. Plats which involve changes to a lot
subdivision shall be reviewed as provided in Sec. 17-
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48 or Sec. 17-50, as applicable. Plats which involve
changes to a parcel subdivision shall be reviewed as
provided in Sec. 17-51 or Sec. 17-52, as applicable.
Any final plats incorporating alterations shall also
be subject to the following provisions:
a. The lot(s) or parcel(s) being altered shall meet
all applicable standards of this chapter and
chapter 19 after the alteration is accomplished,
based upon applicable requirements in effect at the
time of original recordation, with exception that
all lots or parcels must meet the current road
frontage requirements of Chapter 19 or other road
frontage requirement of applicable zoning or board
of zoning appeals conditions.
b. Resulting lot(s) or parcel(s) shall not become
peculiarly shaped due to the alteration.
c. Plat shall show the original and proposed lot or
parcel boundaries.
d. For a parcel plat, the original recordation date,
with the deed, will, or plat book and page shall be
provided in general notes.
e. No new lots or parcels may be created.
Secs. 17-27--17-39. Reserved
DIVISION 2. PRELIMINARY PLAT
Sec. 17-40. Preliminary plat review and approval process.
A. Preliminary Rec
Subdivisions in
lot subdivision
planning in the
submission of
plans.
i~u red• Except as provided for Minor
Sec. 17-50, every proposed residential
shall be submitted to the director of
form of a preliminary plat prior to the
a final plat or required construction
As part of the preliminary plat review, the submission
of an overall conceptual plan in accordance with Sec.
17-42 and Sec. 17-85 shall be required for subdivisions
incorporating phases for future development that may be
residential or a mixture of residential and
nonresidential, unless approved through schematic plan.
In addition, property required by zoning to submit an
overall conceptual plan shall do so.
B. Purpose. The preliminary plat is intended to show
graphically facts needed for the director of planning or
the planning commission and state agencies to determine
whether the proposed subdivision layout is in compliance
with applicable regulations, state law, the Code, and
conditions of zoning or schematic approval.
C. Procedure.
1. Unless otherwise specified, preliminary plats shall
be reviewed and approved under the administrative
review and approval procedure set forth in this.
chapter. Preliminary plats may be reviewed by the
planning commission as follows:
a. At the request of the subdivider;
b. At the direction of the director of planning;
c. Upon receipt by the director of planning of a
transfer request as provided in Sec. 17-24;
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d. Revocation by the planning commission of a
preliminary plat as provided in subsection D; or
e. If the application is a Major Change to a
preliminary plat previously approved by the
planning commission.
D. Approval Terms. An approved preliminary plat shall be
valid in accordance with the provisions of the Code of
Virginia and as follows:
1. An approved preliminary subdivision plat shall be
valid for a period of five years, provided the
subdivider (i) submits a final plat for all or a
portion of the property within three years of such
approval, and (ii) thereafter diligently pursues
approval of the final plat. "Diligent pursuit of
approval" means that the subdivider has incurred
extensive obligations or substantial expenses
relating to the submitted final plat or modifications
thereto;
2. No sooner than three years following preliminary plat
approval, and upon 90 days' written notice by
certified mail to the subdivider, the planning
commission may revoke such approval upon a specific
finding of facts that the subdivider has not
diligently pursued approval of a final plat; and
3. Once an approved final plat for all or a portion of
the property is recorded, the underlying preliminary
plat shall remain valid for a period of five years
from the date of the latest recorded final plat of
subdivision for the property.
Sec. 17-41. Preliminary plat required information.
A. In addition to any application required by the director
of planning, a preliminary plat submittal shall provide
the following, as applicable:
1. Special limited power of attorney, for non-owner
application submissions.
2. Flow test which meets
Chesterfield County Water
Specifications Manual
Chesterfield County Fire
initial preliminary plat
(50) or more lots,
the requirements of the
and Sewer Procedures and
(Appendix 14) and the
Prevention Code, for any
submittal creating fifty
3. Preliminary CBPA plan and calculations for the
purpose of showing that compliance can be met.
4. Regional planning district commission letter(s)
indicating approval of all street names.
5. A completed VDOT checklist.
6. Subdivisions that contain easements for petroleum or
natural gas-based products shall provide the easement
holder with a copy of the preliminary plat and
evidence of that submission shall be provided to the
director of planning.
7. A reduced copy of each preliminary plat sheet, 8.5
inches by 11 inches in size.
8. Proffers and/or conditions of zoning and schematic
plan conditions.
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9. Other information deemed necessary by the director of
planning to achieve the purposes and standards of
this chapter.
B. Preliminary plats shall contain the following:
1. Sufficient information for the county to determine
the potential impacts of mapped dam break inundation
zones in accordance with provisions of state code.
2. A plat drawn at a scale no greater than one inch
equals 50 feet for residential townhouse subdivisions
or at a scale of one inch equals 100 feet for other
subdivisions. Upon request, the director of planning
may permit variations in scale. Each plan sheet
shall be a maximum of 24 inches by 36 inches, unless
otherwise approved by the. director of planning.
3. Name for file identification. This shall include the
name of the subdivision if the property is within an
existing subdivision, or the proposed name.
4. Index sheet for multiple page plat submittals. The
index sheet shall incorporate the entire tentative
plat reduced to a scale that will fit on one 24
inches by 36 inches plat sheet.
5. The plat shall provide the information specified for
preliminary plat in Sec. 17-56 and other information
deemed necessary by the director of planning to
achieve the purposes and standards of this chapter.
Sec. 17-42. Overall conceptual plan.
A. Overall conceptual plan. The overall conceptual plan
shall:
1. Indicate the portion of the plan covered by the
preliminary plat;
2. Incorporate all area up to the limits of the
parcel(s) controlled by conditions of zoning for the
development;
3. Incorporate valid preliminary and recorded final
plats located within its boundaries; and
4. Be updated and submitted with each required
preliminary plat resubmittal. For the final phase of
development, the overall conceptual plan may not be
required to be updated if agreed upon by the plans
review team during a discussion of the final phase at
a preliminary conference.
5. The overall conceptual plan shall be drawn at a scale
that will fit on a single 24 inches by 36 inches plan
sheet, and provide the following information:
a. Pods with approximate acreage, proposed use, and
density.
b. Phasing lines.
c. Information specified for overall conceptual plan
in Sec. 17-56
B. Except as required in Sec. 17-40, an overall conceptual
plan may be submitted by the subdivider separate from
other applications for review and shall be subject to
review standards of this chapter.
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Secs. 17-43--17-45. Reserved
DIVISION 3. FINAL PLAT
Sec. 17-46. Final plat purpose and types.
The final plat, once approved and recorded with the
circuit court, serves to modify, create or transfer
property as provided by the individual plat and in
accordance with this chapter. To accomplish this there
are several processes available for a potential subdivider
based upon applicable criteria. A final plat shall be
required for any unrecorded lot or residential parcel
subdivision.
1. Construction plans: Construction plan review and
approval shall be the first step of the final plat
process. Construction plans are intended to show
graphically improvements and facts needed for the
director of planning and state agencies to determine
whether the development of the proposed subdivision
is in compliance with the approved preliminary plat,
state law, the Code and provisions of this chapter.
Construction plans shall be required for subdivisions
that include engineered improvements, at the
determination of the directors of environmental
engineering, planning, or utilities.
2. Lot subdivision final plat: A lot subdivision final
plat shall be required for any unrecorded lot
subdivision plat in accordance with Secs. 17-48.--17-
50.
3. Minor subdivision final plat: A minor subdivision
final plat is exempt from the preliminary plat
process for certain subdivisions involving no more
than five lots along a local street subject to
criteria of Sec. 17-50. and Sec. 17-85. If
construction plans are required, this plat shall
serve as the last step in the final plat process.
4. Residential parcel subdivision final plat: A
residential parcel subdivision final plat involves
the subdivision of land for which a preliminary plat
is not required, into two or more parcels each being
five acres or more in accordance with the provisions
of Sec. 17-51 and Sec. 17-85. If construction plans
are required, this plat shall serve as the last step
in the final plat process.
5. Family subdivision final plat: A family subdivision
final plat provides for the subdivision of land for
eligible family members through the parcel plat
process in accordance with Sec. 17-52 and Sec. 17-85.
If construction plans are required, this plat shall
serve as the last step in the final plat process.
6. Amended final plat: An amended final
alteration of a recorded plat which does
property line changes as provided in Sec.
plats shall be reviewed under the lot
plat process or parcel plat process, as a~
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plat is an
not involve
17-85. Such
subdivision
~plicable.
7. Line modification final plat. A line modification
final plat involves the adjustment of one or more
lots or parcels within a recorded subdivision plat,
provided that such changes do not create any
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additional lot(s) or parcel(s) in accordance with
Sec. 17-26 and Sec. 17-85.
Sec. 17-47. Construction plan process.
A. Construction plan required. Construction plans are
required for subdivisions that include engineered
improvements, at the determination of the directors of
environmental engineering, planning, or utilities.
B. Procedure.
1. Prior to submittal of construction plans for
residential lot subdivisions, preliminary plat
approval shall be obtained.
2. For minor subdivisions and parcel plats which require
construction plans, such review may be concurrent
with final plat review.
3. The following shall be provided for construction plan
review:
a. An application form containing basic subdivider and
project information, pursuant to the administrative
procedure of the director of planning.
b. Sets of construction plans consistent with
administrative procedures.
c. Erosion and sediment control fees as required by
Sec. 8-13 of the Code.
C. Approval. Approved construction plans shall be valid
for five years from the date of approval.
Sec. 17-48. Lot subdivision final plat process,.
A. Eligibility and Procedure.
1. Prior to submitting a final plat application and
plat, the subdivider shall obtain preliminary plat
approval.
2. If construction plans are required, such plans shall
have been deemed substantially approvable for all
areas depicted on the final plat prior to submittal.
However, such construction plans must be approved
prior to any plat recordation.
3. Preliminary plat and construction plan approval must
be unexpired prior to final plat application
submittal. However, preliminary plat approval may
expire after final plat application submittal without
affecting the validity of the final plat application.
4. Unless otherwise specified, subdivision final plats
shall be reviewed and approved under the
administrative review and approval procedure set
forth in this chapter. A final plat may be reviewed
by the planning commission at the direction of the
director of planning if the subdivider and the
director of planning differ as to the plat's
compliance with the Code or conditions of zoning.
B. Plat required. The subdivider shall prepare a
subdivision final plat which is in accordance with the
provisions of this chapter and provides, at a minimum,
the information required in Sec. 17-49.
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Final plats may depict all or an approved phase or
section of an approved preliminary plat and construction
plans, provided that:
1. Public improvements to be constructed in the area
covered by the final plat are sufficient by and of
themselves to accomplish a proper development and to
provide adequately for the health, safety and
convenience of the proposed residents, and for
adequate access; and
2. The section limits of the final plat shall have a
continuous boundary that encompasses the entire
section in one contiguous parcel.
C. Plat approval.
1. Final plat approval shall be valid concurrent with
the approval term of the underlying construction
plan(s) and shall be effective for one year from
final approval. If approved final plats are not
recorded prior to construction plan expiration or
within one year of final approval, the subdivider may
be required to submit a new final plat application,
including full application fees, for review and
approval prior to plat recordation, as determined by
the plans review team. If ownership of the property
to be subdivided changes prior to final plat
recordation, the subdivider shall submit a new final
plat application reflecting the change.
2. After the final plat has been reviewed to an
approvable format, the subdivider may submit final
plats suitable for recordation, as follows: one print
conforming to the Virginia State Library and Archives
Standards for plats, and one transparency
(photographic positive polyester film). These plats
shall incorporate and address final plat written
review comments and conditions.
3. Once the submitted plat is determined to be in
compliance with the planning department's final plat
written review comments, the plat shall be signed by
an authorized member of the planning department and
forwarded to applicable departments and agencies for
review.
4. After the plat has been approved by all applicable
departments and agencies, the directors of
environmental engineering and planning shall sign the
final plat. The signed print shall be submitted to
be recorded with the circuit court clerk.
5. Any alterations to a recorded plat may be approved
through the applicable final plat process in
accordance with Sec. 17-26.
Sec. 17-49. Application and plat.
A. In accordance with Sec. 17-23, a complete application by
the subdivider shall accompany final plat submittal.
Such application shall include the following, as
applicable:
1. Any existing or proposed covenants and homeowner
association documents required by the Code, condition
of zoning, or preliminary plat condition.
2. Name, mailing address, street address, telephone
number, fax number and e-mail address, if available,
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of the owner, subdivider, and the licensed
professional engineer or surveyor, as applicable, who
prepared the plat.
3. Water feature information, as follows:
a. Whenever any private pond, lake, or similar body of
water is proposed to be located within lots, the
subdivider shall present a plan to the director of
environmental engineering and the county attorney's
office for review and approval outlining any
construction to occur and a proposed plan for
indemnification and perpetual maintenance of any
such body of water.
b. Whenever any private pond, lake, or similar body of
water is proposed to be located within open space
or right-of-way, the subdivider shall present the
recorded articles of incorporation for a homeowners
association and proposed restrictive covenants to
the director of environmental engineering, right of
way, and the county attorney's office for review
and approval. These documents shall outline any
construction to occur and shall contain a proposed
plan for indemnification and the homeowners
association's responsibilities for perpetual
maintenance of any such body of water.
4. A copy of a valid snow removal contract.
5. Documentation of current road name approval by the
applicable regional planning district commission.
6. Other required items that may, at the option of the
subdivider, be submitted after initial application
and prior to approval of the final plat include:
a. Payment in the appropriate amount for new
street signs, streetlights, and program
administration fees.
b. Bonding for improvements, as required by Sec.
17-73.
c. Documentation that all erosion control
ordinance requirements have been fulfilled,
including satisfactory implementation and/or
maintenance of erosion control measures in the
field.
B. Plat requirements.
1. The final plat sheet(s) shall be 16 inches by 24
inches, or as otherwise provided by state law. Plats
shall be drawn at a scale no greater than one inch
equals 50 feet for residential townhouse subdivisions
or one inch equals 100 feet for other subdivisions.
Upon request, the director of planning may approve
variations in scale.
2. The final plat sheet(s) shall be prepared, signed and
sealed by an engineer or surveyor. Final plat shall
be based upon field survey and not a compiled plat.
3. The final plat shall conform to requirements of the
approved preliminary plat and construction plans.
4. The final plat shall contain the following
certificates:
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a. Surveyor's certification stating "To the best of my
knowledge and belief this plat is in compliance
with all of the requirements as set forth in the
ordinance for approving plats of subdivisions in
Chesterfield County, Virginia. Monuments will be
set by (insert date)."
b. Subdivision certificate stating "The platting or
dedication of the following described land (here
insert a correct description of the land to be
subdivided) is with the free consent and in
accordance with the desire of the undersigned
owners, proprietors, and trustees, if any. All
easements and streets are of the width and extent
shown and are dedicated to the county free and
unrestricted by any previous agreements or
easements except as noted on this plat as of the
time of recordation. The dedication of easements to
the county includes granting the right to make
reasonable use of adjoining land for construction
and maintenance of public facilities within the
boundaries of easements shown thereon. All
easements are for surface and underground drainage
and underground utilities except as otherwise
stated on this plat." If there is an easement
granted for street light installation, it shall be
included in this statement and read as follows "An
additional easement of five feet on all lots
adjacent to rights-of-way is dedicated to the
County of Chesterfield for future street light
installation." This statement shall be signed by
such person(s) and duly notarized.
c . Source of title signed by the preparer of the plat
setting forth the source of the title of the
owner(s) of the land subdivided, stating the date,
deed book and page, and the place of record of the
last instrument in the chain of title. When the
plat is of land acquired from more than one source
of title, the outlines of the several parcels shall
be indicated upon such plat.
5. A signature block shall be provided for the director
of planning, director of environmental engineering,
and planning department.
6. The final plat shall provide information specified in
Sec. 17-56 and other information deemed necessary by
the director of planning to achieve the purposes and
standards of this chapter.
Sec. 17-50. Minor subdivision final plat.
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A. Process Eligibility. The minor subdivision process is
intended to provide a plat review process for certain
proposed lot divisions which, by the limited scope of
proposed improvements and impact, do not require the
preliminary plat review process.
Proposed minor subdivisions shall be subject to the
following criteria:
1. There shall be no more than five lots total in the
subdivision and each must front on an existing local
street.
2. No street shall be created, extended, or realigned.
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3. No extension of water or wastewater lines is
required.
4. The subdivision shall have current CBPA compliance,
and shall be located outside of the Swift Creek
Reservoir drainage area.
5. The subdivision does not affect environmental
features, based on information provided by the
subdivider and approved by the director of
environmental engineering.
6. Installation of stormwater improvements is not
required, as determined by the director of
environmental engineering.
7. Right-of-way shall be dedicated along all existing
streets, as determined by the director of
transportation.
8. The subdivision shall comply with fire department
access requirements of Sec. 17-76.
B. Procedure.
1. Unless otherwise specified, minor subdivision final
plats shall be reviewed and approved under the
administrative review and approval procedure set
forth in this chapter. Minor subdivision final plats
may be reviewed by the planning commission, as
follows:
a. At the direction of the director of planning if the
subdivider and the director of planning differ as
to the plat's compliance with the Code or
conditions of zoning; or
b. Receipt by director of planning of a transfer
request as provided in Sec. 17-24.
2. For minor subdivisions requiring construction plans,
such plans may be submitted in conjunction with the
plat application. Construction plan approval shall
be required and shall not have expired prior to
recordation of the final plat.
C. Plat Approval. The approval requirements and process
shall be the same as for residential lot subdivision
final plats as provided in Sec. 17-48.
D. Application and Plat information required Any
application or plat submitted shall be in accordance
with Sec. 17-48 and Sec. 17-49, as applicable.
Sec. 17-51. Residential parcel subdivision final plat.
A. Eligibility. Residential parcel subdivisions shall be
subject to the following additional criteria:
1. Each parcel included in the division must be a
minimum of five acres. Where right-of-way dedication
is provided, the combined area of the proposed parcel
and right-of-way dedication along the parcel frontage
shall be a minimum of five acres.
2. All resulting parcels shall have frontage of not less
than 250 feet on an existing street.
3. The required minimum frontage, per (2) above, is
maintained for a depth required to create a five acre
parcel or in an arrangement approved by the director
of planning who shall consider whether the
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arrangement is based upon limitations imposed by the
parcel shape and environmental features on the parcel
and not for the purpose of circumventing this
subsection.
4. Right-of-way shall be dedicated along all existing
streets as determined by the director of
transportation.
5. Except as provided in 6 of this subsection, plats
must be based upon a current field survey and
compiled plats are not acceptable.
6. When a proposed residential subdivision final plat
does not contain all of the area of a parent parcel,
a sketch of the residual portion of the parent tract
shall be included on the plat. Within this sketch,
the boundaries of the residual parcel may be provided
based upon compiled survey and shall contain
sufficient information for review staff to determine
compliance of the parent parcel with this chapter.
.Any right-of-way dedication or other information
affecting the boundary of the parcel shall be
depicted in the full plat map
B. Procedure.
1. Unless otherwise specified, a residential parcel
subdivision final plat shall be reviewed and approved
under the administrative review and approval
procedure set forth in this chapter. A residential
parcel subdivision final plat may be reviewed by the
planning commission at the direction of the director
of planning if the subdivider and the director of
planning differ as to the plat's compliance with the
Code or conditions of zoning.
2. For residential parcel subdivisions requiring
construction plans, such plans may be submitted in
conjunction with the plat application. Construction
plan approval is required and shall not have expired
prior to recordation of the final plat.
3. Residential parcel subdivisions shall be reviewed by
the director of planning and the following personnel,
as applicable:
a. The director of transportation, if any proposed lot
or parcel abuts an existing street. Right-of-way
shall be dedicated along existing streets adjacent
to all proposed lots or parcels, as required by the
director of transportation.
b. The director of environmental engineering, for
review of storm drainage and environmental features
authorized by the Code.
c. The health department, if any proposed lot or
parcels would be served by wells and/or onsite
disposal systems. Parcel plat applications subject
to this subsection shall include a copy of the
report required by Sec. 17-84 for health department
use in conducting the onsite review, if applicable.
The health department review shall be conducted in
accordance with Code of Virginia § 32.1-163.5.
d. The director of utilities, if any proposed lot or
parcel would be served by public water or sewer.
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e. The utilities right-of-way office for street right-
of-way dedication and utility easement review.
f. The fire marshal, if necessary, to verify
compliance with the Chesterfield County Fire
Prevention Code and Sec. 17-76 for street access
requirements.
C. Application and plat information required. Any
application or plat submitted for a residential parcel
subdivision final plat shall be in accordance with Sec.
17-49, as applicable.
D. Plat Approval.
1. If construction plans are required, written review
comments shall be valid concurrent with the approval
term of the underlying construction plan(s), and
shall be effective for one year from final approval.
If approved plats are not recorded prior to
construction plan expiration or within one year of
final approval, the subdivider may be required, as
determined by the plans review team, to submit a new
final plat application, including full application
fees, for review and approval prior to plat
recordation.
2. If ownership of the property to be subdivided changes
prior to final plat recordation, the subdivider shall
submit a new final plat application reflecting such
change.
3. After the final plat has been reviewed to an
approvable format, the subdivider may submit final
plats suitable for recordation as follows: one print
conforming to the Virginia State Library and Archives
Standards for plats, and one transparency
(photographic positive polyester film). These plats
shall incorporate and address final plat written
review comments and conditions.
4. Once the submitted plat is determined to be in
compliance with the planning department's final plat
written review comments, the plat shall be signed by
an authorized member of the planning department and
forwarded to applicable departments and agencies for
review.
5. After the plat has been approved by all applicable
departments and agencies, the directors of
environmental engineering and planning shall sign the
final plat. The signed print shall be submitted to
be recorded with the circuit court clerk.
6. Any alterations to a recorded plat may be approved
through the applicable final plat process in
accordance with Sec. 17-26.
Sec. 17-52. Family subdivision final plat.
A. Process. The family subdivision
involves review of subdivisions that
eligible family members in conforms
Sec. 17-85, and this section.
subject to the residential parce
review process and the criteria
section.
13-470
final plat process
divide land between
nce with state law,
Such divisions are
1 subdivision plat
provided in this
07/17/13
B. Eligibility. Any family subdivision as provided in Sec.
17-85 shall be subject to the following additional
criteria:
1. The property owner requesting approval of a family
subdivision shall have owned the property for a
continuous period of not less than two (2) years
immediately preceding application filing. This
subsection shall not apply in the case of the death
of the owner, when the estate executor or
administrator shall be permitted to transfer the
property to any eligible family member(s) of the
decedent. Moreover, upon request, the director of
planning may grant relief to the two (2) year
retention period in cases of unique circumstances.
2. Lots or parcels created through a family subdivision
shall be titled in the name of the original recipient
for whom the subdivision is made for a period of not
less than five (5) years. The parent parcel shall
remain titled in the name of the grantor for a period
of not less than five years. Upon application, -the
director of planning may grant relief to the five (5)
year retention period in cases of severe hardship
including foreclosure, death, judicial sale,
condemnation, bankruptcy, or permanent relocation of
the owner beyond a reasonable commuting distance as
verified by the employer. Any relief granted by the
director of planning shall be in the form of an
instrument that the applicant shall record against
the parcel in the land records of the circuit court.
3. Family subdivisions that do not comply with these
requirements shall be deemed to be in violation of
Sec. 17-6. They shall be denied a building permit,
if applicable, and, the director of planning may take
any reasonable actions necessary to ameliorate the
effect of the violation, including asking the Board
of Supervisors to adopt an ordinance vacating the
subdivision, in whole or in part.
4. Only one such division shall be allowed per family
member and the division shall not be for the purpose
of circumventing this Code.
5. Lots or parcels, including the parent parcel, created
through a family subdivision shall comply with the
lot or parcel standards of the underlying zoning
district. Where such lot or parcel is designed as a
flag lot , the f lagpole portion of the flag shall not
be considered buildable. The lot or parcel area
requirements shall be met in the buildable portion of
the lot or parcel.
C. Procedure. A family subdivision final plat shall be
reviewed under the parcel plat procedure provided in
Sec. 17-51.
D. Application and plat information required. Any
application or plat submitted for a family subdivision
final plat shall be in accordance with Sec. 17-49, as
applicable, and, in addition, the final plat shall
contain the following:
1. A statement from the proposed grantor, given under
oath and penalty of perjury, that identifies the
subdivision as being for the purposes of conveyance
to a qualifying family member and identifies the
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07/17/13
receiving family members and the relationship to the
grantor.
2. A note containing the following language:
"The Chesterfield County Subdivision Ordinance
requires the grantee of a parcel or lot created by a
family subdivision to retain ownership of the
property for a period of not less than five (5)
years, and the grantor of such division retain
ownership of the parent parcel for a period of not
less than five (5) years, unless granted written
relief by the director of planning. Any violation of
this requirement shall be presumed to constitute a
circumvention of the subdivision ordinance and may
result in corrective action taken by the county
including, without limitation, imposition of
applicable penalties, denial of building permits,
and/or vacation of the subdivision. Any individual
who is the recipient of any parcel created or
modified through a family subdivision is ineligible
for any other family subdivisions in Chesterfield
County."
F. Plat Approval. Approval of final plat shall be as
provided in Sec. 17-51.
Secs. 17-53--17-55 Reserved.
Sec. 17-56. Plan and plat requirements.
Application Type
In addition to any requirements for a specific ,..r ~,
application, the following items shall be provided ~ ~
,~ ~ q ~
as specified for each plat or plan type when the .~ ~ ~
ro N
o ~ ,
a
applicable columa is marked with an "X". ~ a ro
a
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A. The following shall be provided as general
cotes:
1. Name of subdivision (to include phase or section,
as applicable) X X X X
2. Land use and zoning classification X X X X
3. Applicable zoning, schematic, variance, exception
or preliminary case numbers X X X X
4. Names of property owner(s) 1 X X X X
5. GPIN(s) of property within subdivision X X X X
6. Magisterial District X X X X
7. Total subdivision acreage X X X X
8. Type of water and wastewater service X X X X
9. Plat date and revision dates X X X X
10. Method of CBPA compliance X X X
11. Total number of lots X X X
12. Stormwater drainage method for public roads
and private pavement (i.e. curb and gutter, X X X
roadside ditch)
13. List of acreage as follows: area in
lots/parcels, roads, open space, common area, and X X X
land to be conveyed per Sec. 17-71 cz~
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07/17/13
Application Typ
In addition to any requirements for a specific ~ ~ ro
application, the following items shall be provided ~ ~ ~ ~,~
c a
as specified for each plat or plan type when the ~ b ~ p, tpd ~+ rt ~„~
applicable column is marked with an "X". ~ a ~ ~ a o a
o
~
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14. Lot density of subdivision, and the minimum, X X v
maximum, and average size of lots
15. Construction-related building proffers,
zoning, schematic and/or preliminary plat X X X
conditions related to construction, required
improvements or restrictions on lots
16. Original recordation date, with the deed,
will, or plat book and page (Parcel Line X
Modification Plat only)
B. The following shall be provided and/or
depicted, as applicable
1. Vicinity map with scale X X X X
2. Sequentially numbered lots X X X
3. Individual lot area in square footage s X X
4. County boundary line X X X X
5. Location of any cemetery, grave, object, or
X
structure marking place of burial and related X X
access easement
6. Location, dimensions and setbacks for any
existing building or structure which shall
remain:
a. Within the proposed subdivision X X v
b. Adjacent to the proposed subdivision X X
7. Location, labeling, and area of open space and X X X
common area "~
8. Areas to be dedicated for public use in X X X X
accordance with Sec. 17-71 [e~
9. Location, labeling, and width of buffers, special
setbacks, landscape strips, and tree preservation X X X
areas, along with the applicable restrictions
10. Existing zoning boundaries within subdivision X X X X
11. Building setback lines required to be depicted X X X
by Sec. 17-62
12. Graphic scale X X X X
13. North arrow and Virginia state plane system X X X X
coordinate points per North America Datum (NAD)83
14. Location of existing USGS or county monuments X X
within subdivision
15. If required by the director of environmental
engineering, label existing contours at vertical
intervals of five feet or other appropriate X X
intervals. Source of topography and mean sea
level datum shall be stated on the plat ~6~
16. Minimum finished floor (MFF) and minimum crawl
space (MCS) elevations for lots, and lots shown X X
as no building permit (NBP), as appropriate
17. Layout of lots and parcels along with line X X X
dimensions ~'~
18. Building envelope on lots or parcels, if X X X
required by planning or environmental engineering
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Application Type
In addition to any requirements for a specific ,.., i
,
application, the following items shall be provided q ~
~ ~ ,
.n7.i
as specified for each plat or plan type when the .~ ~ ~
ro
ro ~
o ,
w
applicable columa is marked with an "X". ~ ~ a
~ w,~ p~, b
„ ,..i ~
~a > as °a
a ~
w ° ~ a
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~ a
19. The length and bearing of the exterior
boundaries of the subdivision. Dimensions shall X X X
be expressed in feet to the nearest one hundredth
20. Length and bearing of each lot or parcel line
along with the cumulative total of each perimeter
tangent dimension. Provide curve table to depict
the following for each curve: chord bearing, X X
chord distance radius, delta, tangent and arc
length
21. Adjacent information:
a. Adjacent subdivision name(s) X
b. Adjacent parcel owner name(s) and GPIN(s) X
c. Side boundary lines of adjoining lots and
parcels X X
d. Existing zoning classifications and boundaries
on adjacent property X X
22. Street, rights-of-way, and easement information:
a. Location, right of way width, state route
number, and name of any existing street within X X X X
or adjacent to the subdivision
b. Location, right-of-way width, and name of any
proposed street and pedestrian network ts~ X X X X
c. Right-of-way dedication from the centerline of
existing street X X X
d. All existing and proposed residential
collector and local streets shall be labeled X
with design traffic volumes
e. All arterial, collector, and limited access
streets for which a design is required shall
be labeled with classification, geometric X
design standard, design speed, and design
traffic volumes
f. Proposed streets with centerline curve data
and any sidewalks, pedestrian and bicycle X
facilities
g. Private pavement and fire access lanes X X X
h. The location, width, and purpose of all
existing and anticipated onsite easements,
including any pedestrian and utility easements X X X
serving the subdivision ~e~
i. The location, width, and purpose of all
existing and proposed offsite easements,
including any pedestrian and utility easements X
serving the subdivision
23. Utility information:
a. The layout and size of the existing and
proposed wastewater, water mains, fire
hydrants, and existing storm sewers/culverts, X X
and other underground structures within the
tract or immediately adjacent thereto [ion ~11~
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Application TYP
In addition to any requirements for a specific ~ ~
applicatioa, the following items shall be provided rt •-+ ~ w q
c ''~
as specified for each plat or plan type when the q ro ~ pub ~+ b ~
applicable column is marked with an "X". ~ a > ~ a o o w ~
a~ o o a .~ ro
w ~ ~ a
b. Water and wastewater connections to
existing line(s)shall be graphically shown
'
where feasible, otherwise a note indicating
the approximate distance and contract number X
[iz]
of the existing water/wastewater line(s)
24. Environmental features:
a. The limits of established watercourses,
manmade drainage conveyance systems, mapped
dam break inundation zones, preliminary
wetland boundaries and their anticipated X X
impacts, floodplains, conservation areas, RPAs
and approximate location and surface area of
BMPs [13~
b. CBPA areas as described in chapter 19 is X X X X
c. Location and labeling of conservation
areas, wetlands, RPAs, floodplains, X X
backwater(s), and elevations with survey
tielines and /or tiedowns
d. CBPA preservation areas described in
chapter 19, with a note indicating the method X X
of CBPA compliance, the type of facility
utilized, as well as recordation information
25. A note with corresponding reference symbol for
wetlands stating "Jurisdictional wetlands shall X
not be disturbed without written permission from
the appropriate state and/or federal agencies"
26. A note with an asterisk on each lot between RPA
limits and water feature(s) stating "Resource X X
protection area (RPA) to remain in its natural
state; no structure to be located within the RPA"
27. A note with corresponding reference symbol for
any lot or parcel which is located, in whole or
in part, on a FEMA floodplain stating Prior to
the issuance of a Certificate of Occupancy for X X
any dwelling, a FEMA National Flood Insurance
Program Elevation Certificate, completed by a
licensed professional, shall be filed with the
director of environmental engineering"
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[1] For preliminary plats, the contact information of the owner, subdivider, and,
if known, the proposed owner. This contact information shall include mailing
address, street address, phone number, fax number and electronic mail address.
[2] Calculations for open space and areas to be conveyed in accordance with Sec.
17-71 shall include the area for noncontiguous sections and the total area.
[3] If required by the director of planning or director of environmental
engineering.
[4] Final plat should reference ownership and maintenance responsibilities.
[5] Provide a note on plat that contains the conditions proposed for such disposal
and use as specified in Sec. 17-71.
[6] USGS quadrangle sheets are not an accepted source for the required
information. The director of environmental engineering may require contour
labeling at other appropriate intervals depending upon plan and topography.
[7] All lots and parcels shall be buildable.
[8] For an overall conceptual plan, there shall be depicted a general pedestrian
circulation layout and general location of any proposed arterial, collector or
residential collector street.
[9] where any easement bisects a property, provide tie-downs to property corners
on final plat.
[10] The utility layout must be consistent with the county's water and sewering
specifications and procedures. Any deviation must be requested in writing and
is subject to approval by the director of utilities.
[11] For an overall conceptual plan, large onsite and offsite water mains and trunk
wastewater lines along with the corresponding tie in points shall be depicted.
[12] If approved by the director of utilities, where such a depiction is not
feasible, a note may be provided indicating the approximate distance and
contract number of the existing water or wastewater line.
[13] For an overall conceptual plan, the general limits of such features shall be
provided.
Secs. 17-57--17-59. Reserved.
Division 4. VALIDATION PLAT
Sec. 17-60. Validation plat.
A. Purpose. The validation plat process provides property
owners the opportunity, consistent with Sec.l7-6(b), to
validate property created or modified in violation of
the subdivision ordinance in effect prior to February
28, 2001.
B. Eligibility. The lot or parcel must contain no
additional divisions or alterations done on or after
February 28, 2001, and
1. It must meet all requirements of the applicable
zoning district at the time it was created, such as,
but not limited to, lot area, lot width, lot
coverage, setbacks, building height, and frontage; or
2. The property owner must secure relief, through the
variance and/or the zoning process, as applicable,
from the requirements of the zoning district in place
at the time it was created.
C. Procedure. The following procedure shall be followed for
preparation and recordation of validation plats:
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1. The property owner shall submit a current copy of the
mortgage or survey plat, signed and sealed by a
licensed engineer or surveyor for the property,
depicting the limits of the property and any
improvements thereon.
2. Within ten days after submittal, an authorized member
of the planning department shall scan the plat and
prepare the validation plat consistent with Sec. 17-
60.D.3. and advise the property owner that the plat
is ready for signature. The property owner's
signature shall serve as authorization to record the
plat.
3. After the property owner signs the plat, the director
of planning shall sign the plat and have one plat
recorded with the circuit court clerk.
4. After recordation, any applicable building permit
approvals being withheld by the planning department
solely based upon platting issues shall be released.
D. Application and plat requirements.
1. In addition to any application required by the
director planning, the property owner shall submit a
current copy of the mortgage or survey plat for the
property depicting the limits of the property and any
improvements thereon. If there is no existing plat,
the owner shall have a plat prepared depicting the
overall boundary of the parcel or lot and any
improvements thereon.
2. The property owner shall be responsible for
recordation fees. A fee for the recordation with the
circuit court shall be submitted by the property
owner in conjunction with the application or at the
time of the property owner signing the plat as per
Sec. 17-60.C.3.
3. The planning department shall prepare a validation
plat sheet that is 16 inches by 24 inches or in
another form or size acceptable to the court clerk.
The validation plat shall include the following:
a. Complete names of all property owners.
b . Property GPIN (s) .
c. A scanned image of any available signed and sealed
plat previously prepared by a licensed professional
engineer or surveyor.
d. A notarized subdivision certificate stating: "The
recordation of this plat depicting property
described below is with the free consent and in
accordance with the desire of the undersigned
owner(s). This plat may have been prepared without
a full title search and may not depict all existing
easements and encumbrances." (Insert deed or plat
book and page reference)
e. Zoning classification(s), and applicable variance
and/or zoning case number(s).
f. Type of wastewater and water service.
g. Total subdivision acreage.
h. Depiction of the lot or parcel from current county
maps.
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i. One of the following notes, as applicable,
indicating the purpose and action taken by the
recordation of the plat:
1) This plat depicts a (lot/parcel) that was
created in violation of the provisions of the
subdivision ordinance in place at the time of
recordation; or
2) This plat depicts a lot that was modified in
violation of the provisions of the subdivision
ordinance in place at the time of recordation.
j. Advisory certificate. "The mapping information is
not intended to represent all topographic and
environmental features on the lot or parcel which
could limit or preclude buildability. Additional
engineering research on such items as, but not
limited to: soil type, wetlands, floodplains,
adequate culverts for driveway crossings of streams
or floodplains, etc. may be required based upon
individual parcel requirements at time of building
permit review."
Article III. MINIMUM STANDARDS AND
IMPROVEMENTS REQUIRED
DIVISION 1. STANDARDS
Sec. 17-61. Conformity to applicable requirements.
All subdivision plats and plans shall comply with this
chapter and the following, as applicable:
1. The provisions of the Code of Virginia ~§ 15.2-2240--
15.2-2279.
2. Chapter 8 of the Code, erosion and sediment control
ordinance.
3. Chapter 10 of the Code, fire protection ordinance.
4. Chapter 18 of the Code, water and sewer ordinance.
5. Chapter 19 of the Code, zoning ordinance.
6. Chapter 16 of the Code, streets, sidewalks and easements
ordinance.
7. Code of Virginia, title 32.1 (Health), Chapter 12 of the
Code and the requirements of the state health department
relating to any subdivision that is not served by or not
proposed to be served by a public water or public
wastewater system.
8. The requirements of VDOT and the county transportation
department, including, but not limited to, access
control, rights of way dedication, and construction of
mitigating street improvements.
II 9. Other applicable laws, ordinances, policies, and
requirements.
Sec. 17-62. Standard conditions.
The applicability of the following requirements will be
determined at the time of subdivision plat approval. These
requirements will be referred to as standard conditions
without citing this subsection.
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1. The requirements of the Environmental Engineering
Reference Manual.
2. The requirements associated with obtaining a land
disturbance permit from the environmental engineering
department by:
a. Providing satisfactory documentation that all
applicable federal and state wetlands permits have
been obtained.
b. Obtaining a land use permit from VDOT allowing access
onto and construction within state maintained right-
of-way.
3. The subdivider shall provide access easement(s) to the
SWM/BMP(s) acceptable to the environmental engineering
department prior to or in conjunction with recordation.
4. The following setbacks shall be required and depicted on
the final plat:
a. Setback from the 100-year floodplain/backwater,
wetlands, and RPAs for the primary structure as
required in Secs. 19-58 and 19-233 of the Code.
b. The required setback for structures from any
petroleum product transmission pipeline easement or
from the pipeline as provided in Sec. 19-560.
c. The setback line, where adjacent to a temporary
turnaround easement as provided in Secs. 19-505 and
19-561.
d. Front setback, when the minimum setback has been
increased to obtain the required lot width at the
front building line as provided in Chapter 19.
5. All building envelopes shall have sufficient area to
contain the planned structures, but in no case shall any
of the four sides of the building envelope for single
family detached units have a minimum perpendicular
interior dimension less than 25 feet, or as required to
meet conditions of zoning. Building envelopes shall not
include easements unless otherwise approved by the
applicable authority.
6. Tree save and buffer areas shall remain undisturbed,
including during all sections of subdivision
construction. Such areas shall be designated on
construction plans and fenced or clearly flagged for
protection during land disturbance activities.
7. The subdivider shall provide field-located horizontal
control for the final plat tied into the Virginia
Coordinate System, south zone. Boundary tiedown will be
accomplished by field located X and Y coordinate values
being designated for at least two points.
8. Copies of any restrictive covenants required as a
condition of zoning or schematic plan approval shall be
filed with the director of planning and county
attorney's office for review to determine consistency
with the conditions of zoning. The required restrictive
covenants shall be recorded in conjunction with the
final plat. Subsequent changes to restrictive covenants
are not subject to review or approval by the county.
9. Required homeowners association documents, as
applicable, pursuant to Sec. 19-559.
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10. Final plats shall indicate the existing and proposed
right-of-way dedications for all streets within or
adjacent to the proposed subdivision.
11. Every lot, except where approved for certain lots in a
subdivision for townhouses, shall front on a local
street, except as may be provided for in Sec. 17-77.
12. Prior to plat recordation of any subdivision that
includes streets, private pavement, sidewalks,
wastewater, water, stormwater improvements and/or other
improvements, the subdivider shall provide the county
with a surety bond in the amount equal to the
construction cost of all unimplemented improvements and
ten percent of the construction costs of all
satisfactorily implemented improvements, with a minimum
bond amount of not less than ten percent of the total
project costs. Prior to submittal of the bond for
approval, an itemized cost estimate for all
improvements establishing the required bond amount
shall be submitted to, reviewed, and approved by the
director of environmental engineering. Any bond or
surety submitted shall be subject to approval by the
county attorney's office.
13. Prior to board of supervisor's adoption of a resolution
to request VDOT to accept the streets into the state
system, the construction of all improvements shall be
acceptable to VDOT and the directors of environmental
engineering and utilities.
14. The subdivider shall place the following note on the
final plats and enforce the restriction through
covenants: "No structure embellishments will be allowed
on right-of-way without the commitment of, or issuance
of, a VDOT land use permit. Within the ten-foot clear
zone (measured from the edge of the street pavement out
ten feet), no structural embellishment will be
permitted that is closer than three feet from the edge
of pavement of the street or higher than six inches
above the surface of the drive." Prior to approval of
the preliminary plat, the subdivider will submit an
acknowledgement of the condition regarding masonry
embellishments within the VDOT clear zone, on a form
available from the department of environmental
engineering. This acknowledgment is the responsibility
of the subdivider as the subdivider is ultimately
responsible for the removal of clear zone encroachments
in all new subdivisions.
15. Per Sec. 8-4 of the Code, prior to the issuance of a
land disturbance permit, the director of environmental
engineering shall require copies of applicable
correspondence from the USACOE so that it may be
determined that all wetlands permits have been
received.
16. Any timbering that is to occur during the initial
section of infrastructure construction will be
incorporated into the project's erosion-and-sediment
control plan narrative and will not commence until the
issuance of a land disturbance permit for subdivision
construction and the proper installation of erosion
control measures.
17. USACOE jurisdictional wetlands shall be shown on the
construction plans and subdivision plat.
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18. Lots or parcels, which shall require at time of
occupancy a FEMA National Flood Insurance Program
Elevation Certificate in accordance with Sec. 19-
58(a)(27), shall be designated on the construction plan
and final plat.
19. The approved erosion and sediment control plan for the
subdivision shall, as determined by the director of
environmental engineering, require the placement of
polyethylene fence or its equivalent as required in the
Virginia Erosion and Sediment Control Handbook along
the RPA limits prior to the issuance of a land
disturbance permit.
20. Building envelopes as shown on the preliminary plat,
along with any other directed by the director of
environmental engineering, shall be placed on the
construction plans and final plat.
21. The floodplain as shown on the approved construction
plans and the final plat shall be the result of
hydrologic and hydraulic engineering methods and
assumptions which are approved by the director of
environmental engineering.
22. The achievement of adequate surface drainage on lots is
the responsibility of the subdivider. The transfer of
ownership of lots does not absolve the subdivider from
this responsibility prior to state acceptance of the
streets and for a period of one year after the streets
are taken into the state system, when access is allowed
by the lot owner or when access is within public
easements.
23. Prior to recordation, the director of environmental
engineering may require notification from VDOT that
improvements have been satisfactorily completed to
streets into which the subdivision intersects and which
have been authorized by an issued land use permit.
24. Unanticipated problems in the existing adjacent
downstream developments which, in the opinion of the
director of environmental engineering, are caused by
storm water runoff from the subdivision shall be the
responsibility of the subdivider prior to state
acceptance of the streets and for a period of one year
after the streets are taken into the state system, when
access is allowed by the lot owner or when access is
within public easements.
25. Approval of the construction plans by a private utility
company in relation to its easement and facilities
therein is a prerequisite to construction plan approval
by the director of environmental engineering. A
quitclaim or a satisfactory commitment thereof by the
private utility for the location where rights of way
will cross the private utility easement shall be a
prerequisite to final plat approval.
26. Any areas within a plat shall not be set aside for
future use or otherwise carry the designation
"reserved".
Sec. 17-63. Floodplains.
A. Land shall not be subdivided unless it complies with
article III, division 3 of chapter 19 and the
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Environmental Engineering Reference Manual, as
determined by the director of environmental engineering.
B. Land shall not be subdivided within the boundaries of a
mapped dam break inundation zone unless such division
complies with the provisions of state law. If the State
Department of Conservation and Recreation determines
that the plan of development would change the spillway
design flood standards of the impounding structure, and
the proposed subdivision would allow development of
three or more residential dwelling units, the county
shall not permit the subdivision unless:
1. The subdivider agrees to alter the plan of
development so that it does not alter the spillway
design flood standard required of the impounding
structure; or
2. The subdivider submits an approved engineering study,
in conformance with the Virginia Soil and Water
Conservation Board's standards under the Virginia Dam
Safety Act and the Virginia Impounding Structure
Regulations, and makes the appropriate payment under
state law related to the necessary upgrades to the
affected impounding structure and administrative
fees.
Sec. 17-64. Preservation of natural features and historic
resources.
Environmental features shall be protected, to the maximum
extent practicable, in the design of the subdivision.
Historic sites, features, and similar amenities and assets
shall be identified on all plats and be protected. No
filling within the natural features shall be permitted to
circumvent any applicable part of the Code.
Sec. 17-65. Property markers/geodetic monuments.
Property markers shall be noted
installed in all subdivisions at
points, radial points of curves
intermediate points along streets
property markers cannot readily
other.
on
al
in
or
be
the final plat and
1 lot corners, angle
streets, and at all
property lines where
seen one from the
The subdivider shall replace any county geodetic control
monuments removed or destroyed during the development of
the subdivision.
Sec. 17-66. Stormwater drainage.
A. All proposed Stormwater drainage systems shall be
separate and independent from any wastewater system.
Stormwater facilities, including, but not limited to,
underground pipes, culverts, inlets, catchbasins, open
ditches, Stormwater management basin/ponds, and BMPs, as
determined by the director of environmental engineering,
shall provide for the discharge of surface water via
gravity flow into adequate drainage conveyance systems
and shall be installed according to construction plans
approved by the director of environmental engineering.
B. All Stormwater drainage facilities installed in the
subdivision shall be sized and installed to accommodate
the runoff from the contributing watershed based on
ultimate development as indicated by the comprehensive
plan.
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C. All facilities shall conform to the design requirements
of the Environmental Engineering Reference Manual or as
otherwise required by the director of environmental
engineering.
Sec. 17-67. Streetlighting.
A. Streetlighting shall be provided and installed in
residential developments in accordance with the street
light policy approved by the board of supervisors and
administered by the environmental engineering department
through the construction plan/final plat review process.
B. All installation costs of Streetlighting shall be the
responsibility of the subdivider. The subdivider shall
provide full payment to the county of all installation
charges estimated by the utility company as well as
administrative and ancillary charges included and
enumerated in the street light policy.
Sec. 17-68. Easements.
Easements for public use shall be provided, including, but
not limited to:
1. Easements 16 feet in width for proposed or possible
water, wastewater, and drainage improvements.
Easements of greater width may be required by the
director of environmental engineering for drainage
purposes or by the director of utilities for utility
purposes.
2. Easements eight feet in width shall be provided along
the rear of the lot.
3. Easements eight feet in width along the side lot ,,
lines where the side property line is the rear of
another lot.
4. Easements of variable width as required by VDOT for
slope, drainage, and sight distance identified on
construction plans.
5. Easements to address conditions of zoning,
preliminary plat and construction plan approval.
Sec. 17-69. Street and subdivision names and street signs.
1. Street and subdivision names shall not duplicate the
name of an existing or preliminary approved street,
site, or subdivision. The naming of streets within a
subdivision may, to a limited extent, duplicate the
subdivision name. Streets that are continuations of
other streets shall bear the name of the existing
street. The naming of proposed streets shall comply
with chapter 16 of the Code, and shall be approved by
the director of environmental engineering and the
appropriate regional planning district commission.
2. The subdivider shall fund the fabrication and
installation of street signs showing the names of
streets at intersections in the subdivision, in
accordance with Sec. 16-14 of the Code.
3. If the subdivider elects to install custom street
signs, they shall conform to design specifications
approved by the director of environmental engineering
at the time of construction plan approval.
Installation of custom street signs by the subdivider
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does not relieve the financial responsibilities of
funding in (b) above.
4. All street signs shall be both located and made of a
material clearly visible by day and by night.
Sec. 17-70. Buffers and special setbacks.
A. General.
1. Buffers and special setbacks shall comply with the
standards •provided in Chapter 19 of the Code or
conditions of zoning or board of zoning appeals
approval.
2. In accordance with Sec. 19-517, prior to recordation
of a final plat which contains a buffer, a site
evaluation shall be required to determine if
sufficient vegetation remains. If the director of
planning determines that the remaining vegetation is
insufficient, the subdivider shall submit for review
a landscape plan in a form acceptable to the director
of planning. Once the landscape plan is approved by
the director planning, no recordation of the final
plat shall occur prior to the following:
a. Required landscaping is completed in accordance
with the approved landscape plan and, if required,
any maintenance surety is provided; or
b. A form of surety, satisfactory to the planning
department and in a form as required in Sec. 19-518
has been submitted in an amount equal to the cost
of completing the required landscaping.
3. Prior to recordation of a final plat which contains a
sound setback, a site evaluation shall be required to
determine if vegetation has been removed or disturbed
other than such disturbance approved in accordance
with Chapter 19. If it is determined that vegetation
removal or disturbance has occurred without plan
approval, the final plat shall not be recorded until
such time as required replanting or other steps to
ensure adequacy of the setback as required by the
director of transportation have occurred.
4. Any buffer and sound setback areas shall be flagged
along both sides at intervals no greater than 50 feet
or other interval sufficient to determine location as
required by the director of planning.
Sec. 17-71. Designation of land for public use.
A. All subdivisions shall comply with the conditions of
zoning requiring dedication or reservation of land for
possible acquisition for public uses including but not
limited to: parks, schools, libraries, and fire
stations.
B. Preliminary plats shall accommodate public uses as
required by conditions of zoning. Whenever a tract
includes a proposed public use, it shall be suitably
incorporated by the subdivider into the plat after a
determination is made by the county whether such
property is needed.
C. The planning commission or director of planning, based
upon conditions of zoning or schematic plan approval,
shall verify whether the land is to be:
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1. Dedicated to the county by the subdivider, or
2. Made available for acquisition by the county.
D. The planning commission or director of planning shall
verify that the land is:
1. Required for the proposed public use, and
2. Suitable for the proposed public use.
If it is determined that the land is not required, the
director shall advise the subdivider of said
determination and, if allowed by conditions of zoning,
shall advise the subdivider as to the ability to
rearrange lots in the proposed subdivision to
incorporate the land.
If it is determined that the land is not suitable for
the proposed use, the planning commission or director
may refuse to approve such dedication or configuration
and require the rearrangement of lots in the proposed
subdivision.
E. After it is verified that the land is:
1. Required to be dedicated and appropriate for the
proposed public use, the subdivider shall be informed
of this finding, and shall proceed with the
preliminary plat approval process. When the plat is
recorded, such .recordation shall constitute
acceptance of the land for the designated public
purpose.
2. Required to be made available for acquisition, and
appropriate for the proposed public use, the
subdivider shall be informed of this finding. The
director of planning may also propose alternate areas
on the subject parcel for acquisition. The director
of planning and the appropriate county officer or
other public entity involved in the acquisition or
use of each such site shall seek a commitment to
purchase such site by the board of supervisors and
shall include an estimate of the time required to
complete the acquisition. The planning commission or
director of planning shall not approve the
preliminary plat for a minimum of 30 days to allow
the board of supervisors to act.
a. If the board of supervisors approves the request,
the subdivider shall designate on the preliminary
plats that area proposed to be acquired by the
board of supervisors.
b. If the board of supervisors denies the request, the
subdivider shall be advised to incorporate the area
as otherwise permitted by this chapter on the
preliminary plat.
Sec. 17-72. Improvements--Required.
A. Unless the director of transportation can determine
required mitigating street improvements, a traffic
impact analysis based upon transportation department
standards shall be submitted to, and approved by, the
director of transportation if:
1. The proposed development is expected to generate
10,000 average daily trips (ADT) or more, based on
trip generation rates as defined by the Institute of
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Transportation Engineers' publication, '~~~~
Generation," as amended.
2. The director of transportation requests the a~al~si
because the proposed development is exp~ct~d
significantly impact the transportation netwogk.
B. The director of transportation shall determine ~
transportation improvements necessary to accomm~~~t
proposed subdivision and to provide a safe and ~ffiCie~t
access.
D. The subdivider shall be responsible for provision of
transportation improvements, the need for which is
generated by the development, as determined by the
director of transportation.
C. All subdivisions shall be designed and constructed i
accordance with the Thoroughfare Plan, as determiried by
the director of transportation.
E. The director of transportation shall be responsible for
determining the functional classification of streets.
F. The director of transportation may require development
restrictions to achieve acceptable levels of service.
G. The subdivider shall at his expense satisfactorily
construct or provide any street, curb, gutter, sidewalk,
surface drainage, stormwater facility, wastewater
system, waterline, as part of a public system and other
improvements dedicated to the public use, and maintained
by the county or other public agency, and for the
provision of other improvements for access, including
traffic signalization and control, streets, structures
necessary to ensure stability of critical slopes,
stormwater management facilities, and items associated
with the construction of said improvements as indicated
on the approved construction plans and as determined to
be necessary in the field by the county based upon site
conditions. The transfer of ownership of the lot(s) does
not absolve the subdivider from this responsibility
prior to state acceptance of streets, and for a period
of one year after the streets are taken into the state
system. Whenever improvements are within a lot, the
subdivider shall request approval from the lot owner for
access on to the lot, or notify the property owner prior
to accessing improvements within public easements
existing on the lot.
H. As indicated on the approved construction plans and as
determined to be necessary in the field by the county
based on site conditions, the subdivider shall at his
expense satisfactorily construct or provide for:
1. Any private pavement, curb, gutter, sidewalk, surface
drainage, stormwater facility, water and wastewater
systems, as part of a private system and other
improvements dedicated for the use primarily by home
owners of the subdivision, which shall be privately
owned and maintained;
2. All other site related improvements for access,
including traffic signalization, traffic control
signs, markings and turn lanes;
3. Structures necessary to ensure stability of critical
slopes; and
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4. Stormwater management facilities and items associated
with the construction of said elements. The transfer
of ownership of the lot(s) does not absolve the
subdivider from this responsibility for a period of
one year from the date when the associated streets
are taken into the state system.
5. All county permitted private improvements
(including, but not limited to, private pavement,
sidewalks, and storm drainage systems) shall be
clearly noted as "Private" on the preliminary plat,
construction plans, and final plat. Specifically,
the note on the plans and plat shall read: "The
county or any state agencies .shall not have any
responsibility for the maintenance or service life
of private improvements. The Fire Marshal's office
may conduct annual inspections of fire access lanes
to determine adequate maintenance is performed.
Others, such as the subdivider and/or a homeowners
association, shall be responsible for maintaining
fire access lanes and all other private
improvements."
I. The subdivider of land shall pay or provide for the
payment of his pro rata share of the cost of providing
reasonable and necessary wastewater, water and
Stormwater facilities, located outside the property
limits of the land owned or controlled by him but
necessitated or required, at least in part, by the
construction or improvement of the subdivision; however,
no such payment shall be required until such time as the
board of supervisors establishes a general wastewater;
water, and drainage improvement program for an area
having related and common wastewater, water; and
drainage conditions and within which the land owned or
controlled by the subdivider is located or the board of
supervisors has committed itself by ordinance to the
establishment of such a program. Said pro rata share
shall be limited to the proportionate share of total
estimated cost of ultimate wastewater, water and
Stormwater facilities based upon demand or projected
flows required to adequately serve a related and common
area, when and if fully developed in accord with the
adopted comprehensive plan, that shall be borne by each
subdivider within the area. Such share shall be limited
to the proportion of such total estimated cost which the
increased sewage flow or increased volume of Stormwater
runoff to be actually caused by the subdivision bears to
total estimated volume and of such sewage or runoff from
such area in its fully developed state. In calculating
the volume and velocity of Stormwater runoff, the county
shall take into account the effect of all onsite
Stormwater facilities (SWMs) or BMPs constructed or
required to be constructed by the subdivider and give
appropriate credit therefore.
J. Each such payment received shall be expended only for
necessary engineering and related studies and the
construction of those facilities identified in the
established wastewater, water and stormwater program;
however, in lieu of such payment the board of
supervisors may accept the posting of a personal,
corporate or property bond, cash escrow or other method
of performance guarantee satisfactory to the board
conditioned on payment at commencement of such studies
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or construction. The payments received shall be kept in
a separate account for each of the individual
improvement programs until such time as they are
expended for the improvement program. All bonds,
payments, cash escrows or other performance guarantees
hereunder shall be released and used, with any interest
earned, as a tax credit on the real estate taxes on the
property if construction of the facilities identified in
the established water, sewer and stormwater programs is
not commenced within 12 years from the date of the
posting of the bond, payment, cash escrow or other
performance guarantee.
K. Any funds collected for pro rata programs under this
section prior to July 1, 1990, shall continue to be held
in separate, interest-bearing accounts for the
project(s) for which the funds were collected and any
interest from such accounts shall continue to accrue to
the benefit of the subdivider until such time as the
project(s) are completed or until such time as a general
water, wastewater and stormwater improvement program is
established to replace a prior wastewater and drainage
improvement program. If such a general improvement
program is established, the board of supervisors may
abolish any remaining separate accounts and require the
transfer of the assets therein into a separate fund for
the support of each of the established wastewater,
water, and stormwater programs. Upon the transfer of
such assets, subdividers who had met the terms of any
existing agreements made under a previous pro rata
program shall receive any outstanding interest which has
accrued up to the date of transfer; and such subdividers
shall be released from any further obligation under
those existing agreements. All bonds, payments, cash
escrows or other performance guarantees hereunder shall
be released and used, with any interest earned, as a tax
credit on the real estate taxes on the property if
construction of the facilities identified in the
established water, wastewater and stormwater programs is
not commenced within 12 years from the date of the
posting of the bond, payment, cash escrow or other
performance guarantee.
L. Connection to the county water supply system shall be
required in any of the following circumstances except as
may be waived by the planning commission per Code Sec.
18-63:
1. When any lot in the subdivision has an area of less
than 40,000 square feet; or
2. When any parcel recorded after February 27, 2001 has
an area less than one acre. Parcels created prior to
this date are subject to requirements in place at the
time of their recordation; or
3. When an existing water line is less than 200 feet
from any property line of the lot for which a
building permit application has been made for a new
structure; or
4. When a lot is located within the Southern and Western
Mandatory Water Connection Area to include Subarea A
as shown on the zoning maps unless residential zoning
was obtained prior to June 23, 1993, or;
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5. When a lot is located within the Ettrick Mandatory
Water Connection Area as shown on the zoning maps
unless residential zoning was obtained prior to
November 12, 2003 or;
6. When a lot is located within the Northern Route 288
Corridor Mandatory Water Connection Area to include
Subarea A as shown on the zoning maps unless
residential zoning was obtained prior to May 25,
1999; or
7. When a lot is located within the Upper Swift Creek
Mandatory water Connection Area as shown on the
zoning maps unless residential zoning was obtained
prior to October 10, 2007.
M. The subdivider shall provide payment to the director of
the utility department based upon an approved engineer's
estimate sufficient to cover the cost of water line
installation in conjunction with the submission of the
final plat for any subdivision within two miles of an
existing water line if the existing water line has
sufficient hydraulic capacity to provide the required
quality and quantity to serve the proposed development,
or within two miles of a subdivision that will use
public water, when the lot size in the proposed
subdivision is greater than one acre but less than five
acres. The distance to the nearest water line shall be
determined by using the most reasonable route, as
determined by the director of the utilities department.
The payment made under this subsection shall be used
solely for the installation of water lines within the
proposed subdivision. Until such time as the water lines
are extended to the proposed subdivision and installed
within the subdivision, the subdivider shall comply with
requirements of subsection N of this section.
N. Except where mandatory connection to the county water
system is required as per subsection L of this section,
individual wells may be used to provide water for
domestic consumption subject to the following
conditions:
1. All lots in the subdivision shall have an area of
more than 40,000 square feet and be located more than
two miles from an existing water line;
2. A hydrologic study shall be submitted by the
subdivider to the health department for review and
comment which provides a scientific determination
that there is an adequate quality and quantity of
potable water in the underlying aquifer under both
"normal" and "drought" conditions for the area under
consideration;
3. Prior to issuance of a building permit, the well
shall be installed on the lot and the well water
shall be tested and approved by the health
department; and
4. The Chesterfield health department shall enforce this
and other applicable sections of the Code relating to
well construction and well permitting requirements of
the commonwealth.
O. Connection to the county wastewater supply system shall
be required in any of the following circumstances except
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as may be waived by the planning commission per Code
Sec.18-64:
1. When any subdivision recorded after February 27, 2001
has an average lot area of less than 40,000 square
feet, or less than 90 percent of the lots have an
area of 40,000 square feet, or any lot has an area of
30,000 square feet-;
2. When any parcel recorded after February 27, 2001 has
an area less than one acre. Parcels created prior to
this date are subject to requirements in place at the
time of their recordation;
3. When an existing wastewater line is less than 200
feet from any property line of the lot or parcel for
which a building permit application has been made for
a new structure;
4. When the lot is located within the Southern and
Western Mandatory Wastewater Connection Area as shown
on the zoning maps unless residential zoning was
obtained prior to June 23, 1993;
5. When a lot is located within the Ettrick Mandatory
Wastewater Connection Area as shown on the zoning
maps unless residential zoning was obtained prior to
November 12, 2003;
6. When the lot is located within the Northern Route 288
Corridor Mandatory Wastewater Connection Area as
shown on the zoning maps unless residential zoning
was obtained prior to May 25, 1999; or
7. When a lot is located within the Upper Swift Creek
Mandatory Wastewater Connection Area as shown on the
zoning maps unless residential zoning was obtained
prior to October 10, 2007.
Sec. 17-73. Installation of improvements and bonding.
A. Prior to final plat approval, after all other required
approvals are obtained, including from VDOT, all
improvements shown on the approved construction plans
shall be completed to the satisfaction of the directors
of environmental engineering, utilities, planning and
the fire marshal, at the expense of the subdivider. In
lieu of actual completion of the required improvements,
the subdivider may record a plat by furnishing the
director of environmental engineering surety in the form
approved by the county attorney consisting of a
certified check, cash escrow, a surety bond, or a bank's
letter of credit. The amount of the surety shall be
sufficient to cover the costs and guarantee the
installation and completion of all required
improvements. The surety amount shall be approved by the
director of environmental engineering based upon unit
prices for new construction in the county. The surety
may also include a reasonable allowance for estimated
administrative costs, inflation and potential damage to
existing streets or utilities, which shall not exceed 25
percent of the estimated construction costs. If the
subdivider proceeds by this option, the subdivider shall
install and complete the required improvements to the
satisfaction of the directors of environmental
engineering, utilities, planning and the fire marshal,
subject to the following conditions:
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1. The streets shall be accepted into the state system
not more than two years after the date of plat
recordation.
2. No more than 60 percent of the building permits in
any recorded section of a subdivision shall be issued
until the first layer of asphalt concrete on all
streets in that section has been completed.
3. Except as provided in subparagraph (4) below, no more
than 90 percent of the building permits in any
section of a subdivision shall be issued until the
streets have been constructed to state standards and
accepted into the state system.
4. An extension may be approved by the director of
environmental engineering to conditions one and
three. The subdivider requesting an extension may
appeal the director's decision to the planning
commission which shall render a decision upon the
appeal within two months after the date of the
commission's first hearing on the matter unless the
subdivider consents to action beyond such time or
withdraws his appeal.
B. Upon written request by the subdivider, the director of
environmental engineering may approve surety reductions
in a cumulative amount of not more than 90 percent of
the total cost of satisfactorily completed improvements
and may approve further surety reductions, as
appropriate, based upon the percentage of satisfactorily
completed improvements. Surety reductions may not occur
before the completion of at least 30 percent of the
improvements.
C. The director of environmental engineering shall not
execute more than three surety reductions in any 12-
month period per subdivision section.
D. Upon final completion and acceptance of said
improvements in residential or residential townhouse
subdivisions with streets, the release of any remaining
surety shall be subject to the requirements of Sec. 17-
74. For the purpose of final release, the term
"acceptance" shall be defined as the date of the board
of supervisors meeting at which the board adopts the
resolution requesting street acceptance into the VDOT
state system for street maintenance.
Sec. 17-74. Maintenance and bonding.
A. The subdivider shall be required to maintain and assume
liability for the construction and maintenance of all
required improvements per Sec. 17-73. This includes, but
is not limited to, snow removal on streets and sidewalks
until acceptance of said improvements by the county,
state or other approving agencies.
B. The subdivider shall be required to provide surety in an
amount of ten percent of the cost of the required
improvements as approved by the director of
environmental engineering, in a form as outlined in
Sec.l7-73 to assure the satisfactory maintenance of the
required improvements for a period of one year after the
date of their acceptance in accordance with Sec. 17-73
or as provided by state law.
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DIVISION 2. STREET STANDARDS
Sec. 17-75. General.
The purpose and intent of this section is to ~egu~~~.
residential development in order to minimize the itnpae~ a~
the level of service of streets; to control the numb~x~ z
accesses to streets; to promote the ability O~~ tr~.~~
between subdivisions; to determine if existing ~z'id
proposed transportation facilities are adec~u:~t~ - ~a
accommodate the traffic generated by the pY~p4~~d
development; to determine if appropriate t t~a~~i
mitigation measures are provided; to provide apprt~~S~a~,8
pedestrian circulation networks among residentzal~
residential townhouse, commercial, recreational areas, and
public facilities; and to promote safety and convenience
for the public.
Loop, residential collector, cul-de-sacs, and local
streets within a subdivision shall, at a minimum, comply
with applicable VDOT road standards and the VDOT Pavement
Design Guidelines for Secondary Roads as applicable unless
otherwise specified herein. All limited access, arterial
and collector streets shall comply with the VDOT Road
Design Manual.
Sec. 17-76. Arrangement and Design.
A. Streets shall be designed to ensure proper integration
and coordination with other existing, recorded or
planned streets within and contiguous to the
subdivision. Subdivisions shall be designed to maintain
proper relationship to topographical conditions and
natural terrain features such as streams and existing
vegetation. Streets and private pavement shall be
designed to facilitate public convenience and safety,
consistent with Chesterfield County Fire Prevention Code
standards for emergency vehicle access and as may be
required by VDOT. Only if required by VDOT shall local
streets within residential and residential townhouse
developments serve as access to commercial or industrial
uses as indicated in chapter 19.
B. All streets shall be designed and constructed in
accordance with this chapter, the current standards and
specifications of VDOT, or county standards, whichever
are more stringent.
C. Residential collector streets shall be designed to:
1. Conform to the planning commission stub road policy;
2. Facilitate traffic circulation from one subdivision
to another on local and residential collector
streets, where appropriate; and
3. Require the minimum number of street intersections
with arterial and collector streets necessary to
provide convenient and safe access.
D. Local streets shall be arranged to:
1. Conform to the planning commission stub road;
2. Discourage speeding and cut through traffic;
3. Permit effective stormwater drainage and efficient
utility systems;
4. Require the minimum number of street intersections
with arterial and collector streets; and
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5. Minimize impacts to topographic and environmental
features.
E. To facilitate orderly development, the necessary rights-
of-way and easements for stub streets to provide
adequate access to adjacent property shall be dedicated
to the boundary lines of the tract to be subdivided, in
locations that are compatible with future development of
the adjacent tract. This requirement may be waived if,
in the opinion of the directors of transportation and
planning or the planning commission, such stub streets
are not necessary or desirable for the coordination of
the layout of the subdivision with the existing streets
or the most advantageous future development of adjacent
tracts. When the adjacent property is developed, the
subdivider of such property shall extend the streets and
utility service to connect with the adjacent existing
subdivision unless such connections are waived by the
planning commission or director of planning, after
review by the director of transportation and the fire
marshal, or are in violation of zoning .conditions,
schematic plan approval, or requirements of this
chapter.
F. The necessary rights-of-way and easements for stub
streets to provide adequate access to the adjacent
property shall be dedicated at the time a subdivision is
recorded.
G. Subdivisions shall adequately accommodate continuity of
streets and shall provide for proper extension to
subsequent phases, sections, and development of adjacent
property, as determined by the reviewing departments as
follows:
1. A local street shall provide sole, access to a
cumulative total of no more than 50 lots.
2. The first street into the subdivision shall be
designed and constructed as a residential collector,
collector, or arterial street if:
a. The number of lots shown on the preliminary plat,
accessible by only one street, connected to a
suitable street with two street connections, is in
excess of 50 lots but no more than 100 lots, or
b. The connection to an adjacent undeveloped parcel as
required by this subsection, or an existing stub is
anticipated to generate traffic volumes in excess
of the planning commission stub road policy on any
subdivision street.
3. A second street connection providing access to all
lots shall be constructed prior to, or in conjunction
with, the recordation of more than a cumulative total
of 50 lots, unless a residential collector,
collector, or arterial street with one way in and out
is provided and such street complies with the
following:
a. Access is provided to no more than a cumulative
total of 100 lots;
b. Such street is shown traversing the area
encompassed by the preliminary plat from an
existing residential collector, collector, or
arterial street to the boundary of the subdivision;
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c. Proposed water and/or sewer lines within and
adjacent to such street shall, at a minimum, be
constructed with each phase, or extended as
required by preliminary plat approval; and
d. Recordation and construction of such street is in
accordance with an approved phasing plan as
determined at the time of preliminary plat review.
Modifications to the proposed phasing plan shall be
addressed through a Technical Correction Letter
unless such modification involves a Major Change.
4. Relief to access requirements of Sec. 17-76.G.
a. Relief to the requirements of this subsection may
be granted at the time of zoning for cases filed
prior to November 26, 2002. The requirement for
access to any proposed subdivision shall be
governed by the conditions of that case.
b. Relief to the requirements of this subsection may
be granted at the time of zoning for cases filed
after November 26, 2002 with a preliminary plat
consisting of an approximate lot and street layout
with sufficient documentation that clearly
demonstrates:
1) The amount of relief does not exceed the
allowable number of lots by more than 25
percent; and
2) Existing severe topographic, physical or
extenuating circumstances, or environmental
features exist so that there is no other
practical means of providing another access; or
3) Without granting relief to these requirements,
traffic on an existing local street will exceed
the planning commission's stub road policy as
determined by the director of transportation.
c. After November 26, 2002, relief to these
requirements may be granted by the planning
commission or director of planning if:
1) Existing severe topographic, physical or
extenuating circumstances, or environmental
features exist so that there is no other
practical means of providing another access; or
2) The planning commission may grant relief to
these requirements if the resultant traffic on
an existing local street will exceed the
planning commission's stub road policy as
determined by the director of transportation,
unless otherwise required by VDOT.
H. Subdividers of all parcels or lots located at existing
or proposed crossovers along collector and arterial
streets, and any break in the median of an existing or
planned divided street, shall submit and receive
approval of a plan from the director of transportation
which addresses access for the surrounding area, prior
to or in conjunction with preliminary plat approval. The
director of transportation may require the subdivider to
provide access to adjacent properties.
I. Curb and gutter shall be required on all local streets
in all subdivisions where the average lot has less than
90 feet of street frontage. On local streets in
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subdivisions outside of the Upper Swift Creek Watershed,
either curb and gutter or roadside ditch may be used
where the average lot has frontage of 90 feet or more.
In the Upper Swift Creek Watershed, roadside ditches
shall be required on all local streets in all
subdivisions where the average lot frontage is 90 feet
or more, provided, however, that the director of
environmental engineering may approve the use of curb
and gutter where the average lot frontage exceeds 90
feet if low impact development (LID) measures are used
to address stormwater runoff from street surfaces. These
calculations exclude those lots fronting on a cul-de-
sac. Curb and gutter installation may be waived, in
whole or in part, by the director of planning or by the
planning commission, to preserve the existing
neighborhood local street drainage method.
J. The minimum pavement requirement for all local streets
shall be a pavement design system meeting VDOT
standards, which at a minimum utilizes VDOT approved
base materials and two layers of asphalt concrete, as
verified by the director of environmental engineering.
K. Design standards for limited access, arterial, and
collector streets shall be approved by the director of
transportation, except no street shall have a design
less than VDOT standards.
Sec. 17-77. Access to arterial or collector streets.
A. The director of transportation shall review and, if
appropriate, approve direct access to arterial and
collector streets from subdivisions that border on or
contain an existing or proposed arterial or collector
street. Each subdivision shall be limited to one direct
access unless an access plan is submitted to and
approved by the director of transportation for more than
one access as needed for subdivisions with more than 50
lots accessed through a local road or 100 lots accessed
through a collector road. Access provided by an existing
or planned street network on an adjacent property to an
arterial or a collector street shall be considered a
direct access.
B. No lot shall have direct access on an existing or
proposed arterial, collector street or residential
collector unless approved by the director of
transportation.
Sec. 17-78. Street right-of-way width.
Right-of-way widths of all streets shall be determined by
the director of transportation; except that no street
shall have a street right-of-way width less than VDOT
standards.
Sec. 17-79. Cul-de-sac streets and temporary turnarounds.
A. Cul-de-sac streets shall not provide access to more than
50 lots. Cul-de-sac streets with less than 25 lots shall
provide a minimum cul-de-sac pavement radius of 35 feet.
Cul-de-sac streets with more than 25 lots shall provide
a minimum cul-de-sac pavement radius of 45 feet.
B. Temporary turnarounds on local streets shall comply with
the previously stated pavement radius standards.
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Temporary turnarounds within the limits of the
preliminary plat may, at the direction of the director
of environmental engineering, be constructed on
easements beyond the limits of the final plat.
Sec. 17-80. Street intersections.
A. Street intersections along one side of an existing or
proposed collector or arterial street shall align with
existing or proposed intersections on the opposite side
of such street unless otherwise approved by the director
of transportation and VDOT.
B. Alley intersections with streets shall be constructed to
VDOT standards.
C. At any street or alley intersection sight distance
easements shall adhere to VDOT standards.
D. In subdivision design, the minimum pavement for a corner
radius shall be 35 feet for local streets and 50 feet
for other streets. In residential townhouse and cluster
subdivisions, the minimum pavement for turning radii
shall be reviewed by the fire marshal for compliance
with the Chesterfield County Fire Prevention Code based
upon a demonstrated ability to provide for adequate
emergency vehicle access.
E. Local street intersections shall not be located within
the vehicle stacking area of the street that intersects
an arterial or collector street.
Sec. 17-81. Alleys and private pavement.
A. Generally.
1. Dead-end alleys or drives are prohibited unless
adequate turnaround facilities are provided at the
terminus.
2. Alleys are typically not required by the county and
therefore shall not be dedicated as right-of-way
unless they will be maintained by VDOT.
3. Where alleys or drives are provided which are not
maintained by VDOT, they shall be shown as open space
or, if approved by the directors of environmental
engineering, planning and transportation, in an
easement controlled and maintained by a homeowners'
association as specified in Sec. 19-559.
4. When private pavement areas are required fire access
lanes, they shall meet the standards of the
Chesterfield County Fire Prevention Code. The
subdivider shall submit to the fire marshal a
statement and a geotechnical report signed by an
engineer, certifying that said pavement design and
construction is in accordance with the Chesterfield
County Fire Prevention Code.
B. Design and Specifications.
1. Unless the approved plan specifies stricter
requirements, any private pavement shall be designed
in accordance with the pavement design standards and
specifications of VDOT.
2. The use of private pavement shall require the
implementation of a county approved inspection
program by the subdivider to ensure compliance with
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VDOT standards and specifications. Services to
inspect and verify compliance of the private pavement
construction with the plans and specifications shall
be provided by a third party geotechnical engineer
approved by the county.
3. The engineer inspecting the construction, shall
provide the county certification that each phase of
construction meets requirements, and that all private
pavement areas have been constructed in strict
accordance with the plans and specifications. This
certification, including related documentation and
testing results, shall be provided to the county for
any subdivision section that includes private
pavement, prior to the acceptance of any of the
section's public roads into the state maintenance
system. The county may establish a program by which
the documentation and testing results provided are
evaluated, which may include independent review by
geotechnical engineers contracted by the county and
paid for by the subdivider.
4. Surety shall be provided in accordance with Sec.l7-74
covering the maintenance cost of any private
pavement.
5. In addition to any signage required by Chapter 16 of
the Code, private pavement shall be posted with
signage at any entrance from a public road which
shall state, "Privately maintained pavement", or
similar language as approved at time of construction
plan review.
C. Maintenance and Ownership.
1. Any subdivision and residence served by the private
pavement shall be subject to a recorded covenant
expressly requiring maintenance of such pavement by a
homeowner's association.
2. The final plat and covenants for such development
shall expressly state that the County and VDOT do not
have responsibility for the service life,
maintenance, repair, or replacement of private
pavement.
Sec. 17-82. Sidewalks.
Subdividers shall provide sidewalks in accordance with the
planning commission residential sidewalk policy on all
streets where they qualify for VDOT or county maintenance,
and any additional or other locations if required as a
condition of zoning or schematic plan approval, or as a
requirement of VDOT. Exceptions to the planning commission
residential sidewalk policy shall be at the discretion of
the planning commission or directors of transportation,
planning and environmental engineering.
Sidewalk requirements shall be determined through the
preliminary plat process as determined by the county. The
sidewalks shall be shown on the preliminary plat and may
be required on the overall conceptual plan. Construction
may be phased as approved by the county, but as a minimum,
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shall be bonded and constructed with each section recorded
where the sidewalk is located.
The subdivider shall construct all sidewalks required by
the planning commission residential sidewalk policy per
the design standards contained herein. Where sidewalks
qualify for maintenance by VDOT or the county, they shall
be designed and installed in accordance with VDOT
standards. For all private sidewalks, the subdivider shall
demonstrate long term maintenance responsibility in
accordance with Sec. 19-559.
DIVISION 3. LOT AND PARCEL STANDARDS
Sec. 17-83. Minimum requirements.
A. The size, shape orientation, and soils of lots and
parcels shall be appropriate for the location of the
subdivision and for the type of development. Lot
dimensions shall conform to the requirements of chapter
19 or conditions of zoning approval.
B. Lots and parcels to be served by onsite disposal systems
shall comply with the rules of the health department and
the provisions of Sec. 17-84 and chapter 12 of the Code.
C. Lots and parcels shall be laid out so as to enable
positive drainage to be provided away from all
buildings. Individual lot and parcel drainage shall be
coordinated with the general stormwater drainage pattern
for the area. Drainage shall be designed to avoid
concentration of stormwater discharging into
inappropriate receiving areas within lots. The director
of environmental engineering may require the subdivider
to depict the building envelope as established by an
engineer or surveyor on the final plats.
D. Lots and parcels shall comply with the following
standards:
1. Each lot or parcel shall be buildable with at least
one building envelope.
2. Lots or parcels shall not contain elongated
appendages solely to provide necessary square footage
of area which would be unusable for normal purposes.
3. Lots or parcels shall not contain isolated remnants
separated from the major portion of the lot by a
creek or drainageway which would be unusable for
normal purposes unless located on the perimeter of
the tract.
4. Corner lots or parcels shall be of sufficient width
to provide the applicable front/corner yard setbacks.
5. Side lot or parcel lines shall be approximately at
right angles to street lines or radial to the cul-de-
sac.
6. The building envelope for any lot or parcel shall be
within county boundary lines.
7. Access to each lot or parcel shall be provided within
the area of the required road frontage.
E. Flag lots shall be designated during the review of the
preliminary plat. In addition to the requirements of
this section, flag lots must meet these additional
requirements:
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1. Lot design requirements.
a. For any flag lot the flagpole portion of the lot
shall never be less than 30 feet in width. This
portion of the lot is not considered buildable.
b. The lot area requirements shall be met in the
buildable portion of the lot.
c. The flagpole portion for any flag lot shall not
extend more than 150 feet from the right of way of
the public road.
d. Each flag lot shall have its own driveway from a
public street.
e. Under no circumstances shall lots be arranged so
that one is behind another.
2. Flag lots may only be used in the following
circumstances:
a. When there is no other reasonable method to protect
or limit direct impacts to environmental features,
historic resources (historic districts, landmarks,
and landmark sites identified consistent with
chapter 19), or required drainfields; or
b. When due to topographic constraints or shape,
undeveloped areas within a preliminary plat are not
feasible to provide a public street with lots; or
c. When used within the overall design of a lot
subdivision to provide common area corridors around
or between groups of lots as part of an overall
common area system for the development. Such
common area shall include, but not be limited to,
minimum four foot wide paved trails that connect to
a pedestrian network within the development that
provides access to one or more available
destinations internal or external to the
development, such as but not limited to,
recreational, shopping or public facilities, as
approved by the planning department. Where
sidewalks in the public road system provide
appropriate connections within the development,
common area between lots without paved trails shall
protect forest vegetation with a minimum of 1 tree
for every 100 square feet of common area. Should
insufficient vegetation remain a landscape plan,
related surety and plantings shall be provided in
accordance with Sec. 19-517 and Sec. 19-518. The
minimum width for any common area is twenty feet.
F. Except as provided in subsection G, all lots that
receive preliminary approval after November 12, 2003,
and which are substantially divided by environmental
features with a drainage area exceeding fifty (50)
acres, shall contain a minimum contiguous area of not
less than 9,000 square feet which meets the following:
1. Exclusive of the environmental features;
2. Located adjacent to the required street frontage and
between the street frontage and the environmental
features; and
3. For purposes of this subsection, a lot shall not be
considered to be substantially divided by
environmental features if an existing natural and
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continuous accessway, a minimum of fifteen (15) feet
in width, provides access from the front of the lot
to any proposed building envelope that is not
adjacent to the street frontage.
G. The requirements of subsection F shall not apply to:
1. Residential townhouse lots;
2. Lots that are permitted by zoning condition to be
less than 9,000 square feet, provided that the lot
contains a minimum contiguous area equal to or
greater than the minimum lot size required by the
zoning condition; and
3. Lots where:
a. USACOE and/or any state agency having jurisdiction
approves a crossing of the environmental features,
and
b. The minimum contiguous area, exclusive of
environmental features on the portion of the lot
not adjacent to street frontage, is not less than
9,000 square feet, and
c. The minimum contiguous area is located on that
portion of the lot that is connected by the
crossing. The size of drainage structures for any
such crossing shall also satisfy the requirements
of the department of environmental engineering's
Reference Manual and floodplain management
ordinance (chapter 19, article III, division 3 of
the Code).
Sec. 17-84. Standards for lots and parcels served by onsite
sewage disposal systems.
A. With the exception of subsections B, C, and D of this
section, subdivisions using onsite sewage disposal
systems shall comply with the following:
1. The average lot size shall be no less than 40,000
square feet;
2. At least 90 percent of the lots shall be at least
40,000 square feet;
3. The minimum lot size shall be no less than 30,000
square feet;
4. All lots shall have a minimum lot width of 120 feet
measured at the building line;
5. At the time of submission of construction plans, the
subdivider shall submit a report approved by a
certified soil scientist or an authorized onsite soil
evaluator to the director of the health department
certifying that all proposed onsite disposal system
sites on lots within the subdivision comply with the
board of health and county ordinances which regulate
onsite disposal systems. The health department shall
enforce this subsection and other applicable sections
of the Code as relating to onsite disposal system
requirements of the Commonwealth. The certified soil
scientist or authorized onsite soil evaluator shall
provide a report for each proposed lot which at a
minimum contains:
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a. Information on borings for no less than three holes
in the proposed drainfield site, if the profile is
uniform.
b. A description of the soil characteristics at the
proposed system site, with soil profiles to a
minimum depth of five feet for each of the holes.
c. An estimated percolation rate of the soils at the
proposed drain field depth.
d. The scaled location of the proposed onsite disposal
system and drain field, the reserve site, and the
proposed buildable footprint on the lot.
e. A recommended installation depth of the proposed
system.
f. The slope of the proposed drainfield area.
g. Depth to rock or impervious strata.
h. Depth to seasonal water table.
i. Maximum projected sewage flow for the proposed lot.
If design restrictions are imposed on the lot, they
shall appear on the final plats;
6. The subdivider shall provide sufficient information
regarding the location of the proposed onsite
disposal drain field sites for an agent of the county
to field verify the findings of the certified soil
scientist or onsite soil evaluator. The sites shall
be well marked on the lot. At the request of the
director of the health department, the certified soil
scientist or the site soil evaluator shall accompany
the agent of the county to the proposed primary and
secondary system sites and locate them. In
conjunction with submission of the construction
plans, the subdivider shall submit a home site
planning layout prepared by the certified soil
scientist for review and approval by the director of
the health department. Construction plans shall show
all construction limits that are outside the limits
of the right-of-way. The final plat will not be
approved until the onsite review is completed. The
director of the health department shall advise the
director of planning when the final plat may be
signed; and
7. Disposal sites shall not encroach on or be encroached
on by easements, RPAs, buffers or construction limits
of streets.
B. All subdivisions for which residential zoning was
obtained prior to February 23, 1989 utilizing onsite
sewage disposal systems shall comply with the bulk
requirements in place at the time of zoning and the
requirements of subsection A 5, 6 and 7 of this section.
C. No subdivision within Subarea A of the Southern and
Western Mandatory Water Connection Area as shown on the
zoning maps for which residential zoning is obtained
after June 23, 1993 may utilize onsite disposal systems
unless all lots in such subdivision are at least one
acre in size.
D. No subdivision within Subarea A of the Northern Route
288 Mandatory Water Connection Area for which
residential zoning is obtained after May 25, 1999 may
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utilize onsite disposal systems unless all lots in such
subdivision are at least one acre in size.
Sec. 17-85. Definitions.
A. The definitions contained in this section shall be
observed and applied, except when the context clearly
indicates otherwise.
B. References to the supervisors, officers, agencies,
boards, or commissions shall be Chesterfield County
officers, agencies, boards or commissions, unless the
context requires otherwise.
C. Definitions from chapter 19 are incorporated within this
chapter by this reference. where terms are defined by
both chapters, definitions from chapter 17 shall apply
to procedures contained within chapter 17 and shall have
no bearing on procedures within chapter 19.
D. The following definitions shall apply to this chapter:
Access: The right to cross between public and private
property allowing pedestrians and vehicles to enter and
exit property.
Adjacent: Property having a common boundary, property
located across a street, or property separated by open
space.
Amended plat: An alteration of a recorded plat or portion
thereof which does not involve a change in property
lines. Amendments may include, but are not limited to,
name changes and typographical corrections relating to
text, metes and bounds descriptions, coordinate points,
floodplain limits, wetland limits, RPA lines, setback
lines, drainage easements, buffers, incorrectly numbered
lots or parcels.
Buffer: A designated area of existing or proposed
vegetation, berms, fences or walls intended to address
at least one of the following:
1. Provide open space between streets, properties, and
certain uses;
2. Preserve existing vegetation or provide for
vegetation;
3. Provide transition and separation between differing
land uses and sensitive environmental, topographic,
or historic features;
4. Reduce noise and glare;
5. Maintain privacy; and
6. Control vehicular access.
Buildable footprint: The portion of the building envelope
occupied by the structure depicted on plats or plans
that demonstrates the ability of the subdivider to
comply with all standards for onsite disposal systems,
does not encroach upon the approved disposal site, and
provides for fire access consistent with the Code.
Buildable lot: A lot that is recorded in accordance with
provisions of the Code and state law and that has at
least one building envelope.
Buildable parcel: A parcel that is recorded in accordance
with provisions of the Code and state law and that has
at least one building envelope.
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Building envelope: The area of the lot or parcel which is
in compliance with the building site standards as
specified in the Code.
Building setback line: A line within
designated on a recorded plat
established by the Code, and that
envelope.
a lot or parcel so
or as otherwise
defines the building
CBPA: The Chesapeake Bay Preservation Act, Code of
Virginia Title 10.1, Chapter 21 §§ 2100 et seq.
Chesterfield County Fire Prevention Code: Chapter 10,
Article 1, Section 10-3 of the Chesterfield County Code
of Ordinances, as amended.
Circuit Court: Chesterfield County Circuit Court.
Circuit Court Clerk: The clerk of the Chesterfield County
Circuit Court.
Code: Code of the County of Chesterfield, 1997, amended.
Common Area: As defined in Chapter 19. For residential
developments, ownership and maintenance responsibility
for such areas will be held by a homeowners association.
Common area is not a buildable lot and a buildable lot
cannot be located within Common area.
Commonwealth: The Commonwealth of Virginia.
Complete application: A subdivision application providing
the entire form and plan or plat, containing all
required application information, including applicable
fees.
Comprehensive plan: An overall guide to manage
Chesterfield County's physical growth adopted pursuant
to the Code of Virginia, § 15.2-2223 et seq.
Construction plans: A set of drawings and related
specifications for the construction of facilities within
or serving a subdivision including, but not limited to,
streets, water and wastewater systems, stormwater
improvements.
County: Chesterfield County, Virginia.
Cul-de-sac: The terminus of a cul-de-sac street that
provides for the safe and convenient reversal of traffic
movement.
Day: Calendar day, unless otherwise specified in this
chapter.
Engineer: An engineer licensed by the commonwealth.
Environmental features: Wetlands, waters of the United
States, resource protection areas, flood plains,
riparian corridor management areas, and SWM/BMPs.
Family subdivision: A single division of land to create
lots or parcels for the purpose of a sale or gift to a
member of the immediate family including their spouse
for joint title of the property owner, including a
partition of property owned by immediate family members.
An immediate family member is defined as any person who
is a natural or legally defined offspring, stepchild,
spouse, sibling, grandchild, grandparent or parent of
the owner.
Final plat: The plat of a proposed lot subdivision
submitted for review and comment prior to recordation.
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Flag lot: A lot which has a narrow appendage (flagpole)
providing the required street frontage and through which
access is provided to an enlarged portion of the lot.
GIS: Geographic information system owned and operated by
the county.
GPIN: Geographic parcel identification number, as assigned
by the GIS section of the Information Systems Technology
Department.
Line modification: The adjustment of one or more lot or
parcel lines within a recorded subdivision that does not
result in the creation of one or more additional lots or
parcels. Line modifications may include, but are not
limited to, combining lots or parcels, apportioning an
existing lot or parcel between existing adjacent lots
or parcels, and alterations of lot or parcel lines. A
line modification shall not be deemed to establish a new
lot or parcel creation date.
Lot subdivision: The division of any parcel of land for
residential or residential townhouse use into two or
more lots for the purpose, either immediate or future,
of transfer of ownership or development. Lot
subdivisions exclude:
1. Residential parcel and family subdivisions as defined
in this section.
2. Granting or extinguishing easements, and division of
land for augmented estates, subordination or lien
priority, plats of open space not directed at the
creation of lots or parcels for sale, and not done
for the purpose of circumventing this chapter.
3. Division of land with commercial or industrial zoning
as defined by chapter 19 for the purpose of office,
business, or industrial development.
Major Change: For the purpose of article II of this
chapter, the following alterations constitute a Major
Change as determined by the plans review team:
1. Plat alterations resulting in the creation of a
street, or one or more additional lots or parcels,
unless the original approval provided information in
a manner sufficient to incorporate such density
changes for the following:
a. Pollutant removal and CBPA compliance, and
b. Design for fire waterflow
2. Street realignments or street extensions
3. BMP relocation affecting adjacent property.
4. Modification of environmental features.
5. Major water or wastewater facility relocation.
6. Other changes of similar significance, as determined
by the director of planning which will impact land
use, compliance with the requirements of this
chapter, or surrounding properties.
Minor Change: For the purpose of article II of this
chapter, alterations not defined as a Major Change, so
long as they do not increase the number of lots or
parcels or conflict with applicable provisions of this
chapter.
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Minor subdivision: A subdivision creating five or fewer
lots which is exempted from the preliminary plat
process, unless otherwise provided by condition of
zoning, and which is subject to the plat provisions of
this chapter.
Natural riparian corridor: Naturally vegetated buffer
areas adjacent and contiguous to streams which may
include non-isolated wetlands and other water bodies.
No building permit (NBP): A lot which requires inspection
prior to issuance of building permit to address grading
and drainage concerns.
Onsite disposal system: A sewage disposal system or any
other sewage treatment device not connected to the
county's public wastewater system which has been
approved by the county health department as being in
accordance with the rules and regulations of the state
department of health and applicable provisions of this
Code.
Open space: All areas within a development whose title is
or will be held by a homeowners association, including,
but not limited to, wetlands, common area and private
pavement Open space is not a buildable lot and a
buildable lot cannot be included in open space.
Overall conceptual plan: A preliminary plan sheet
depicting the general layout of streets, pods, major
utility lines and drainage facilities as specified in
this chapter.
Owner: Any person, group of persons, firm(s),
corporation(s), or any other legal entity having legal
title to the land that is seeking to subdivide land
under this chapter.
Parcel: Land not part of a lot-subdivision.
Parent Parcel: The residual or remainder property of
an original parcel from which land is divided.
Peculiarly-shaped: Elongated or unusual shapes added to a
proposed lot or parcel, other than for access which
would be unusable for normal purposes and is added
solely to provide necessary square footage of area.
Phase, subdivision: A numerically identified division of a
preliminary plat that outlines a portion of the
geographical boundaries of a proposed residential
development.
Plans review team: Authorized staff representing various
departments of the County which review applications
submitted under this chapter, including but not limited
to, the departments of environmental engineering, fire,
planning, transportation and utilities, and the state
departments of .transportation and health.
Preliminary plat: A plan showing the required information
for a proposed lot subdivision in accordance with
article II, division 2 of this chapter, which has been
reviewed and approved by the director of planning or
planning commission for purposes of determining
conceptual conformity with this chapter.
Property: Any piece, tract, lot, parcel of land, or
several of the same collected together for the purpose
of subdividing.
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Recorded subdivision: A subdivision approved by the county
in accordance with this chapter and which has been duly
recorded by the circuit court clerk.
Residential parcel subdivision: The division of any parcel
of land for residential use into two or more parcels,
all of which are more than five acres subject to the
provisions of this chapter.
Resubdivision plat: A line modification of a recorded
final plat as defined herein.
Right-of-way: The property, or interest therein, dedicated
for use as a street which is in or is designated to
become part of the state system for public maintenance.
Roadway: That portion of a street paved for use by
vehicular traffic.
Section, subdivision: A numerically identified division of
a construction plan or final plat that outlines a
portion of the geographical boundaries of an approved
preliminary plat.
Setbacks: A series of lines established on a lot or parcel
based upon the minimum applicable yard requirements set
forth in chapter 19, this chapter, or otherwise set
forth in the Code, beyond which no structure may be
constructed.
Stormwater management (SWM): Measures taken to mitigate
the impact of stormwater on the hydrologic cycle
resulting from changes to the landscape which occur when
land is developed.
Stormwater management/best management practice (SWM/BMP):
A facility or system whose purpose is to impact
stormwater management from both a water quantity and
water quality standpoint.
Street, cul-de-sac: A local street with only one outlet to
another street and having an appropriate terminus for
the safe and convenient reversal of traffic movement.
Street, loop: A local street that has two points of
intersection onto a street. The minimum depth of a loop
street shall be not less than three times the required
right-of-way width as measured from the adjacent right-
of-way line of the through street to the inside right-
of-way line of the loop or similar location if the loop
is totally contained within right-of-way.
Street, stub: A street which is shown on a subdivision
plat to terminate at adjacent property to provide access
for future development.
Subdivider: Any owner, proprietor or contract purchaser of
a lot or tract of land who undertake the subdivision of
land as defined herein.
Subdivision: The division of any parcel of land in A, R,
R-TH or MH-2 Districts, or any other district permitted
by zoning for residential uses, for residential use into
two or more lots, or any division within these districts
for residential use which creates or extends a street.
Subdivision application: Any application pursuant to
article II of this chapter. This shall include, but not
be limited to, the following application types:
preliminary plat, construction plan, final plat and
validation plat.
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Surveyor: A certified licensed land surveyor authorized
under the laws of the Commonwealth.
Technical Correction Letter: Written review comments of
the director of planning approving Minor Changes.
Temporary turnaround: The terminus of a street, which
provides for the safe and convenient reversal of traffic
movement but is intended to be removed if the street is
extended.
Tract: See Parcel.
Unrecorded subdivision: A proposed preliminary or final
plat that has been officially approved by the county in
accordance with this chapter, but which has not been
recorded by the circuit court clerk.
USACOE: United States Army Corps of Engineers.
USGS: United States Geological Survey.
Validation plat: A plat used to correct improper
recordation or subdivision pursuant to article II,
division 6 of this chapter.
VDOT: Virginia Department of Transportation.
Vicinity sketch: A location map of the subdivision with
the existing streets and street names shown to a scale
of one inch equals 2,.000 feet.
Water supply, individual well: A well supplying a source
of water to one lot.
Water supply, public system: A water supply and
distribution system owned and operated by the county.
Wastewater, public system: A wastewater system owned and
operated by the county.
Written review comments: County and state agency
application review comments, notes, and conditions.
Written review comments may apply to preliminary, final
plats, construction plans or other subdivision procedures
specified by this chapter.
Secs. 17-86--17-91. Reserved.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
Ms. Jaeckle expressed appreciation to Mr. Schafer, Mr. Johns
Mr. Collins, and Mr. McClure for committing their time to the
process.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for manufactured home
permits or rezoning at this time.
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19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
20. ADJOURNMENT
On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board
adjourned at 9:39 p.m. until August 20, 2013, at 7:30 a.m.
at Chesterfield Towne Center's Center Court for Board of
Supervisors members to attend a community forum on the
proposed meals tax, jointly hosted by the Chesterfield
County Chamber of Commerce and the Chesterfield Business
Council.
Ayes: Jaeckle, Elswick, Warren and Gecker.
Nays: None.
Absent: Holland.
NOTE: The Board of Supervisors did not meet on August 20,
2013, at the community forum on the proposed meals tax,
jointly hosted by the Chesterfield County Chamber of Commerce
and the Chesterfield Business Council. Accordingly, the next
meeting of the Board of Supervisors will be held on August
28, 2013, at 3:00 p.m.
J mes gma' r
ount A inistrator
Dorot A. aeckle
Chairman
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