Loading...
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 13-386 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 07/17/13 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. J J J 13-387 07/17/13 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. 13-388 07/17/13 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. J J J 13-389 07/17/13 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. 13-390 07/17/13 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 J J J 13-391 07/17/13 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. 13-392 07/17/13 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. J J J 13-393 07/17/13 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. 13-394 07/17/13 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 J J J 13-395 07/17/13 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 13-396 07/17/13 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. J J J 13-397 07/17/13 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 .,:. _. 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 13-398 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 13-399 J J 07/17/13 • 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. 13-400 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. J J J 13-401 07/17/13 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. 13-402 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. J J J 13-403 07/17/13 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 13-404 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. J J J 13-405 07/17/13 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. 13-406 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. J J J 13-407 07/17/13 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. J J J 13-409 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. J J J 13-411 07/17/13 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. 13-412 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. J J J 13-413 07/17/13 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 13 -414 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. J J J 13-415 07/17/13 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. 13-416 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. J J J 13 - 417 07/17/13 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, 13-418 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: J J J 13-419 07/17/13 CHAPTER 19 Sec. 19-5. Enforcement. ZONING 0 0 0 0 0 0 (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. 0 0 0 Sec. 19-14. Conditional use planned developments. 0 0 0 (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. 0 0 0 13-420 07/17/13 Sec. 19-58. Floodplain regulations and dam break inundation zones. (a) General provisions. 0 0 0 (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. 0 0 0 Sec. 19-69. Required conditions. The conditions specified in this section shall be met in the R-88 District. 0 0 0 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. 0 0 0 Sec. 19-74. Required conditions. The conditions specified in this section shall be met in the R-40 District. 0 0 0 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. 0 0 0 Sec. 19-79. Required conditions. The conditions specified in this section shall be met in the R-25 District. 0 0 0 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- J J J 13-421 07/17/13 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. 0 0 0 Sec. 19-84. Required conditions. The conditions specified in this section shall be met in the R-15 District. 0 0 0 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. 0 0 0 Sec. 19-89. Required conditions. The following conditions specified in this section shall be met in the R-12 District: 0 0 0 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. 0 0 0 Sec. 19-94. Required conditions. The conditions specified in this section shall be met in the R-9 District: o a o 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 13-422 07/17/13 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. 0 0 0 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. 0 o a Sec. 19-105. Required conditions. 0 0 0 The conditions specified in this section shall be met in the R-TH District, except as noted in section 19-106: 0 o a (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. 0 0 0 (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 J J J 13-423 07/17/13 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. o a o 13-424 07/17/13 0 0 0 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. 0 0 0 Sec. 19-128. Required conditions. The conditions specified in this section shall be met in the A District. 0 0 0 (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 J J J 13-425 07/17/13 43,560 square feet and a lot width of not less than 150 feet. 0 0 0 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. 0 0 0 (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. 0 0 0 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. 13-426 07/17/13 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. 0 0 0 (5) The amount of land devoted to common area and open space, including conservation areas or preservation areas, etc. 0 0 0 Section 19-200.9. Development plan review process: overall development plan. 0 o a (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: 0 0 0 (8) Common areas; 0 0 0 (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. 0 0 0 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. 0 0 0 (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 J J J 13-427 07/17/13 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. 0 0 0 (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. 0 0 0 (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. 0 0 0 (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 13-428 07/17/13 common area and pathways within the sphere of influence and the amount of land available within the infill TND. 0 0 0 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: 0 0 0 (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) . 0 0 0 Sec. 19-241. Design criteria for all basins. a o 0 J J J 13-429 07/17/13 (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. 0 0 0 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. 0 0 0 Sec. 19-264. Preparation and submission of site plans. 0 0 0 (d) Every site plan shall contain the following information, where applicable: 0 0 0 (3) Recreation, common area or open spaces; 0 0 0 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. o a o Sec. 19-274. Preparation and submission of improvement sketches. 0 0 0 (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; 0 0 0 Sec. 19-301. Definitions. 13-430 07/17/13 0 0 0 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. 0 0 0 Code: Code of the County of Chesterfield, 1997, as amended. 0 0 0 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. 0 0 0 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. 0 0 0 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 J J J 13-431 07/17/13 to delineate wetlands to establish a resource prote~tior area. 0 0 0 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. 0 0 0 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. 0 0 0 Plan Review: The term "plan review" includes schematic, site, overall development, and subdivision preliminary, final and construction plans or plats. 0 0 0 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. a o 0 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. 0 0 0 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 13-432 07/17/13 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. 0 0 0 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. 0 0 0 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. 0 0 0 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. J J J 13-433 07/17/13 0 0 0 Sec. 19-510. Restrictions and limitations--Agricultural, residential, residential townhouse, multi-family residential, manufactured homes. 0 0 0 (d) In R-TH districts, off street parking for lots shall not be provided in the yards adjacent to special access street. 0 0 0 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. 0 0 0 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; 13-434 07/17/13 • 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. 0 0 0 (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 J J J 13-435 07/17/13 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: 0 0 0 (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. 13-436 07/17/13 (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: 0 0 0 (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. 0 0 0 (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 J J J 13-437 07/17/13 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. 0 0 0 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. 0 0 0 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 13-438 07/17/13 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 0 0 0 (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. J J J 13-439 07/17/13 (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: 13-440 07/17/13 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. 0 0 0 Secs. 19-523. Buffer width and landscaping requirements. J J 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 13-441 07/17/13 J 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] 13-442 07/17/13 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. 0 0 0 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 J J J 13-443 07/17/13 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. 0 0 0 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 13-444 07/17/13 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, J J 13-445 07/17/13 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. 0 0 0 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: 13-446 07/17/13 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. J J J 13-447 07/17/13 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. 13-448 07/17/13 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. J J J 13-449 07/17/13 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 13-450 07/17/13 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. 13-451 07/17/13 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. 13-452 07/17/13 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. J J J 13-453 07/17/13 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. 13-454 07/17/13 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: J J J 13-455 07/17/13 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. 13-456 07/17/13 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. J J J 13-457 07/17/13 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 13-458 07/17/13 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- ,r J 13-459 07/17/13 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; 13-460 07/17/13 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. J J 13-461 07/17/13 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. 13-462 07/17/13 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~ J J 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 13-463 07/17/13 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. 13-464 07/17/13 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, J J J 13-465 07/17/13 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: 13-466 07/17/13 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. J J 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. 13-467 07/17/13 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 13-468 07/17/13 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. 13-469 07/17/13 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 13-471 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 W u ~ a p q o ~' a a o v u a u o '~' N a ~ 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~ 13-472 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 ~ ~' o o a ~ ro a ~ ~ a 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 13-473 07/17/13 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 •a ~ 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~ 13-474 07/17/13 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" 13-475 07/17/13 [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: 13-476 07/17/13 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. 13-477 07/17/13 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. 13-478 07/17/13 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. J J J 13-479 07/17/13 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. 13-480 07/17/13 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 J J 13-481 07/17/13 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. 13-482 07/17/13 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 13-483 07/17/13 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: 13-484 07/17/13 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 J J 13-485 07/17/13 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 13-486 07/17/13 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 J J J 13-487 07/17/13 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; 13-488 07/17/13 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 J J J 13-489 07/17/13 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: 13-490 07/17/13 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. J J J 13-491 07/17/13 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 13-492 07/17/13 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; J J J 13-493 07/17/13 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 13-494 07/17/13 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. J J J 13-495 07/17/13 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 13-496 07/17/13 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, J J J 13-497 07/17/13 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: 13-498 07/17/13 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 J J J 13-499 07/17/13 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: 13-500 07/17/13 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 J J 13-501 07/17/13 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. 13-502 07/17/13 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. J J J 13-503 07/17/13 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. 13-504 07/17/13 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. J J 13-505 07/17/13 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. 13-506 07/17/13 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. J J J 13-507 07/17/13 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 13-508 07/17/13 J 13-509 07/17/13