1 Council Workshop Meeting
April 29, 2008
At the Workshop Meeting of the Appomattox Town Council held on Tuesday, April 29, 2008 at 7:00 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia there present were Mayor Wilson, presiding and Council members Joyce B. Bennett, N. H. “Jimmy” Mayberry, C. Lewis McDearmon, Jr., John T. “Plicky” Williams, Jennifer Jamerson-Scruggs and Steven E. Lawson. Also in attendance were Bob Hopkins (Hurt & Proffitt, Inc.), Chad Millner, Paul D. Harvey, Mary Lou Spiggle, Leslie Austin, Beckie Nix, Jeff Elder, Stephanie James (Times Virginian), Sarah Watson (News & Advance), Carlton Duck (Alive Media), Frank Wright, Jr., Town Attorney, David T. Garrett, Jr., Town Manager and Roxanne W. Paulette, Clerk.
Mayor Wilson called the meeting to order.
The Appomattox Town Council discussed the letter of recommendation from the Appomattox County Planning Commission regarding the proposed adoption of the Landscaping Ordinance and Site Plan Review ordinances.
On a motion by Mr. Lawson, seconded by Mr. Williams, Council voted to adopt Chapter 195, by adding a new section entitled Article XII thereof, entitled “Landscaping” and Chapter 195, Section 12, Site Plan Review by amending subsections A, B and C and enacting subsections D, E, F, G and H. All members present voting aye. (See attached ordinances)
Committee Reports
Finance Committee Jennifer Jamerson Scruggs asked the Clerk to update council on the budget process. The Clerk reviewed the timeline for the Tax Rate Advertisement Requirements and Public Hearing dates, FY 2009 Budget Advertisement Requirements and Public Hearing dates and the process necessary for amending the Water and Sewer User Policy regarding rates.
Ms. Jamerson-Scruggs, Chairman recommended on behalf of the Finance Committee to authorize staff to advertise a Notice of Proposed Real Estate Tax Increase with a Lowered Rate of $0.119 per $100 of the assessed value and an Effective Rate Increase of $0.15 per $100 of the assessed value for a Public Hearing to be held on Monday, June 9, 2008 at 7:00 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia. All members present voting aye. Motion carried.
Ms. Jamerson-Scruggs, Chairman recommended on behalf of the Finance Committee to authorize staff to advertise a public hearing notice to amend the Water and Sewer User Fee Policy, specifically Water and Sewer User Rates as presented in the FY 2009 Budget. All members present voting aye. Motion carried.
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Ms. Jamerson-Scruggs, Chairman recommended on behalf of the Finance Committee to authorize staff to advertise the FY 2009 Budget for the Town of Appomattox as presented for a public hearing on Monday, June 16, 2008 at 7:00 p.m. All members present voting aye. Motion carried.
The Finance Committee will meet with full council on Thursday, May 8, 2008 at 5:30 p.m. to discuss the proposed FY 2009 Budget for the Town of Appomattox.
Fire & Safety Ms. Bennett reported:
• The Clerk is awaiting information regarding prices for equipment necessary to
allow employees to work from home via a Virtual Private Network in the event of an emergency like the Pandemic Flu.
• Ms. Bennett and David Garrett looked at the area requesting streets light at the
curve on Patterson Street, intersection of Patterson and Stevens Street and on the left side of Stevens Street. The request is being looked into by Dominion Virginia Power for feasibility and cost. The information will be provided to Mr. Garrett by Dominion Virginia Power.
• Also the street light on Lee Grant Avenue near the Caldwell residence across from the Babcock residence for feasibility and cost. According to the Town Manager, Dominion Virginia Power said this location could be easily accommodated since it had been served by a street light in the past.
• The Town Manager continues to work with property owners concerning blighted property. The owners were sent letters concerning their property and have begun cleaning them.
The street light request was by letter from Paul D. Harvey to the Town Manager and also copied to Joyce Bennett, Fire & Safety and Steve Lawson, Street & Property.
VDOT has responded to the drainage ditches in the Meadowlark area.
Ordinance Committee Mr. Mayberry reported that the committee has not met. The Citizen Advisory Committee will begin working on the Sign Ordinance soon. Mr. Mayberry thanked the members of the Citizen Advisory Committee and is very appreciative of their volunteer time.
Personnel Committee
On a recommendation of John T. “Plicky” Williams, the Personnel Committee recommends the following resolution:
WHEREAS, the Personnel Committee met on Tuesday, April 22, 2008 and discussed a motion passed on December 13, 2004 by a previous Town Council Personnel Committee which reads:
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On a recommendation by Councilmember Mitchell, the Personnel Committee recommends compensating on call employees a minimum of 2 (two) hours, when called out for an emergency, effective immediately. All members present voting aye. Motion carried.
THEREFORE, BE IT RESOLVED, the Personnel Committee of the present Appomattox Town Council reaffirms the motion passed on December 13, 2004 and the Personnel Committee further recommends adding additional language to include compensating on call employees a minimum of 2 (two) hours at their hourly overtime rate, when called out for an emergency, effective immediately.
All members present voting aye. Motion carried.
The Personnel Committee is also investigating the possibility of an “on-call” compensation policy for weekdays and weekends. The Clerk and Town Manager will gather salary information for budgetary purposes.
Street & Property Committee Mr. Lawson is waiting for Mr. Garrett to advise him on the Street Light requests.
Utility Committee Mr. McDearmon reported that the Utility Committee is still working on the RFP’s for the Groundwater Study.
Staff Reports
Director of Tourism Beckie Nix reported on the March Visitor’s Center Report. She gave an update on the ipod/mp3 player tours. She also advised Council that she had attended the Virginia Tourism Summit conference and attended a meeting of the Sesquicentennial Anniversary Regional Committee.
Beckie also provide the Council members with a website report of the Tourism’s website. The website is very successfully. She continues to receive accolades from other localities about the tourappomattox.com website.
The spring advertising schedule includes an ad in the Civil War Traveler, Blue Ridge Parkway Travel Guide, Spring Vacation Planner (insert), Ladies Home Journal and Budget Travel. Internet advertisement has proven to be a huge success.
The Kiosk downtown has been sent back to the manufacturer because it is beginning to rust and it was guaranteed not to rust.
Treasurer’s Report Leslie Austin provided Council with the Treasurer’s Report for the month of March 2008.
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Clerk’s Report Roxanne Paulette reminded the Council members of the VML Town Section meeting being held in Farmville, Virginia on May 8th. The deadline to RSVP is April 29, 2008.
Roxanne also informed Council that she attend the 31st Annual Virginia Municipal Clerks Association Conference in Staunton, Virginia, April 23 – 25, 2008. She will begin using the Education Credits along with Professional Credits to obtain the Master Municipal Clerk certification. Roxanne advised Council that she was recertified as a Certified Municipal Clerk beginning January 1, 2008 through December 31, 2011.
Town Manager’s Report David Garrett reported that he continues to work on the transparent Conditional Zoning for proffered properties on the Zoning Maps along with the updating of the Utility Maps with water and sewer lines. The as-built drawings are being overlaid where the mains and valve are located on the system.
On April 10, 2008 David and Kyle Lerner attended the Region 2000 Water Planning meeting. There will be stakeholder meetings on May 8, May 14 and June 15th.
On April 15th, Town Staff assisted Brad White with a 48 hour pump test on Well #15. Mr. White will be providing data from the 48 hours pump test and any video that may be available within a week.
On April 19th, Town Citizens and Town Employees cleaned up the entire town. There was a lot of trash collected.
David reported that he has sent three (3) official notes to abate the nuisances. There have been some verbal notices and about six (6) more properties need attention. Six (6) buildings have been identified as needing to be removed. David suggested the Council may need to consider creating a board as allowed by the Town Code regarding this matter.
David Carson from Dominion Virginia Power came to Appomattox on Friday, April 25, 2008 and met with David Garrett concerning the Street Lights discussed earlier in the meeting. The cost estimates and drawings will be taken to the Street & Property Committee for discussion. Mr. Carson explained to David Garrett that there would be no charge for the street light on Lee Grant Avenue.
There continues to be work on the plan of action regarding the Copper and Zinc issues by the Engineers and Plant Operators.
The water tap has been completed at Walter Gum Manor and on Route 691 – Woodchase Subdivision.
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There continues to be work with the School Board and Engineers regarding the extension of the water line from the meter down Red House Road to the Baseball Fields. No decision has been made by the School Board regarding the Football Field.
The renovation at the Town Office Building continues with drywall in the council chambers and interior offices directly adjacent to the council chambers.
Town Attorney None to report
With no further business to come before Council, Ms. Bennett made a motion to adjourn at 8:25 p.m., seconded by Ms. Jamerson-Scruggs. All members present voting aye. Motion carried.
Roxanne W. Paulette, Clerk
John L. Wilson, Mayor
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AN ORDINANCE TO AMEND the Code of the Town of Appomattox, Chapter 195, to add a new section entitled Article XII thereof, entitled “Landscaping”.
Be it ordained by the Council of the Town of Appomattox, as follows:
Section 1. A new section, entitled Article XII, “Landscaping,” shall be added to Chapter 195 of the Code of the Town of Appomattox, and shall appear as follows:
ARTICLE XII Landscaping
§ 195-119. Intent
It is the intent of the landscaping ordinance to promote the public necessity, convenience, general welfare and good zoning practice by incorporating landscaping, screening and tree preservation into the development review process. The goals are to provide landscaping requirements that will preserve natural vegetation, protect property values, provide buffers between incompatible uses, reduce soil erosion, air pollution, noise pollution, the amount of impervious surface areas, reduce the heat island effect and promote the Town of Appomattox as a destination and a great place to live and work.
§ 195-120. Severability clause
If any provision of the zoning ordinance regulating landscaping is declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the zoning ordinance regulating landscaping and all such provisions shall remain in full force and effect.
§ 195-121. Applicability
(a) The provisions of this ordinance shall apply to the development or redevelopment of
any property located in an R-1, R-2, MHP-1, B-1 or M-1 District.
(b) When an existing use is expanded, enlarged or redeveloped, only those portions of the property subject to the expansion, enlargement, or redevelopment are subject to the provisions of the landscaping ordinance.
(c) It is not the intent of this landscaping ordinance to regulate landscaping on any
individual lot upon which is located no more than one (1) single-family dwelling or one (1) two-family dwelling.
(d) The standards established by the landscaping ordinance are intended to be minimum requirements and citizens are encouraged to exceed them, subject to the approval of the Zoning Administrator.
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§ 195-122. Definitions
Buffer: An area of land, including natural vegetation, evergreen landscaping, fencing or a combination of fencing, earthen berms and landscaping.
Caliper: Trunk diameter measured six (6) inches from the ground. If the caliper is greater than four (4) inches, the measurement shall be taken twelve (12) inches from the ground.
Capped: The placement of a landscape island so that each end of a parking bay or parking row has a landscape island at each end.
Cinderblock, Unadorned: A concrete masonry block lacking decorative embellishments on the face side.
Cinderblock, Unadorned
Decorative Fencing: Fencing such as wrought iron, split rail, wood board, aluminum or masonry or the equivalent as determined by the Zoning Administrator. Chain link fence or unadorned cinderblock shall not be considered decorative fencing.
Evergreen tree: A tree that grows to a mature height of at least twenty (20) feet and has foliage that persists and stays green throughout the year.
Ground cover: Any evergreen or broadleaf plant that does not generally attain a mature height of more than one (1) foot, characterized by a growth habit in which the plant spreads across the ground to connect with other similar plants forming a continuous vegetative cover on the ground. Sod and seeding shall be considered an appropriate ground cover.
Landscape Island: An area containing required landscaping and being not less than one hundred sixty-two (162) square feet for a parking row and three hundred twenty-four (324) square feet for a parking bay.
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Mulch: A protective covering, usually of organic matter placed around plants to prevent evaporation, root freezing and weed growth.
Ornamental tree: Deciduous tree that grows to a mature height of less than thirty (30) feet with flowering or other distinguishing characteristics.
Parking bay: Two (2) parking rows abutting one another.
Parking row: One (1) single line of parking spaces.
Redevelop: To materially alter the existing use or condition of a property. Routine repairs and maintenance shall not be considered redevelopment.
Rip Rap: A permanent, large, loose angular stone generally used for erosion and sediment control in concentrated high velocity flow areas.
Road frontage: Number of linear feet of a property which front on a public street, private street or internal access road.
Screening: A method of visually shielding or obscuring items such as a structure, receptacle, parking area, equipment or stormwater management pond with densely planted landscaping, or a combination of landscaping, berms solid fences and/or walls.
Shade tree: Deciduous tree that grows to be more than thirty (30) feet at maturity and that is planted chiefly to provide shade from sunlight.
Sight distance triangle: A triangular shaped area located on both sides of the intersection of a driveway with a public roadway, designed and maintained to allow for a clear line of sight, and being a straight line with unobstructed view measured fifty (50) feet along the edge of pavement lines from their points of junction and being three (3) feet above the pavement edge.
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Site Distance Triangle
Shrub: A woody plant deciduous or evergreen that generally exhibits several erect, spreading stems with a bushy appearance and that grows to a height of no more than fifteen (15) feet.
Shrub Equivalent: The substitution of lesser height shrubs in greater numbers for one (1) taller shrub. Shrub equivalents shall be permitted only where specifically provided within this ordinance and the total combined height of the lesser height shrubs shall be equal to than the height of the one (1) taller shrub for which they are substituted.
One (1) three (3) foot shrub = One (1) two (2) foot shrub + one (1) one (1) foot shrub
Slope: Any area of land where the surface deviates from the horizontal.
One (1) three (3) foot shrub = Three (3) one (1) foot shrubs
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Topping: An inappropriate practice of making heading cuts through a stem more than two (2) years old that drastically reduces tree height, destroys tree architecture and results in discoloration, decay of the cut stem, or death of the tree.
§ 195-123. General Regulations
(a) When a determination of the required number of trees or shrubs results in a fraction,
any fraction shall be rounded up to count as one (1) tree or shrub.
(b) All ornamental or shade trees used to satisfy the requirements of this ordinance shall
be a minimum of one and one half (1.5) inches in caliper at time of planting. Evergreen trees used to satisfy the requirements of this ordinance shall be a minimum of six (6) feet in height at time of planting unless otherwise provided within this ordinance.
(c) Removal of healthy trees within the development area greater than three (3) inches in
caliper is discouraged. Trees greater than three (3) inches in caliper within the development area that are preserved may be credited toward landscaping required by this ordinance in the discretion of the Zoning Administrator.
(d) Landscaping with a sight distance triangle shall not include any evergreen trees, and
shall not include shrubs exceeding three (3) feet in height above the ground at maturity. Tree limbs within the site distance triangle shall be raised to ensure visibility for motor vehicle safety, but in no case shall tree limbs be raise more than twelve (12) feet above the ground.
(e) All areas shall be covered with an appropriate ground cover. The use of riprap for
ground cover on any slopes visible from a public or private street, residential area or parking area is prohibited. In the event riprap must be used as determined by the Zoning Administrator, areas of riprap shall be buffered as provided in § 195-128, Buffers.
(f) Areas containing required landscaping shall be covered with mulch or an appropriate
ground cover.
(g) All retaining walls visible from a public or private street, parking area or residential
district shall be constructed of segmental block, brick, treated wood, stone or stamped and colored concrete that gives the appearance of brick or stone. Retaining walls of other materials are permitted provided they are supplemented with landscape materials as follows:
- One (1) ornamental tree per forty (40) linear feet of wall, and
One (1) three (3) foot shrub per ten (10) linear feet of wall, or one (1) two (2) foot shrub and one (1) one (1) foot shrub per ten (10) linear feet of wall.
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(h) No tree, shrub and/or ground cover contained on the invasive alien plant species of
Virginia list as maintained by the Department of Conservation of Virginia (DCR) and the Virginia Native Plant Society may be planted or used to satisfy any portion of the landscaping ordinance.
(i) All lighting within a development shall be placed in a manner that will not interfere with the installation of required landscaping. In no instance shall light poles exceed thirty-five (35) feet in height. All lighting shall be glare shielded and non directional so no illumination occurs beyond the property line. No exterior lighting shall radiate above a level that is five degrees (5°) below horizontal.
Light shall not radiate above 5° below horizontal.
§ 195-124. Landscape Plan Required
(a) A required landscape plan shall indicate the following information:
- The location, size, height at planting and botanical name of all required
landscaping.
- The location size, height and botanical name of any existing landscaping proposed
to be used or required to satisfy and portion of the landscaping ordinance.
The dimensions of all required landscape areas.
A planting detail for all trees, shrubs, and ground cover used to satisfy the
requirements of the landscaping ordinance.
A planting, fertilization, and watering schedule for all trees, shrubs and or ground cover used to satisfy the requirements of the landscaping ordinance. The schedule shall cover a period of one (1) year after installation of required landscaping.
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- A description of soil amendments necessary to support the growth of all required
trees and shrubs.
A tree protection detail as specified in “STD & SPEC 3.38, Tree Preservation and Protection, “in the 1992 edition of the Virginia Erosion and Sediment Control Handbook for all landscaping proposed or required to be preserved to satisfy any requirement of the landscaping ordinance.
In approving the landscaping plan, the Zoning Administrator may require the
substitution of a different species of tree or shrub, provided that the intent of the landscaping ordinance is met.
§ 195-125. Street Trees
(a) Street trees shall be planted as follows:
One (1) ornamental tree per fifteen (15) feet of road frontage, or
One (1) shade tree per forty (40) feet of road frontage, or
One (1) evergreen tree per twenty (20) feet of road frontage.
One (1) ornamental tree per fifteen (15) feet of road frontage
One (1) shade tree per forty (40) feet of road frontage
One (1) evergreen tree per twenty (20) feet of road frontage
(b) In the event that a landscaping plan is submitted that indicates tree types or placement that would interfere with overhead utility lines, the public necessity, convenience, general welfare or good zoning practice the Zoning Administrator may require an alternative tree type or placement of the required street trees.
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(c) Street trees shall be planted along the property line that fronts the street and shall not be planted within the public right-of-way or within any utility easements except as provided in subparagraph “d” below.
(d) For residential subdivisions where new public right of ways or private streets are
created or extended the required street trees shall be planted within the right of way as approved by the Virginia Department of Transportation (VDOT) or within the common area of a private street. When required street trees are planted within the common area of a private street, maintenance of the required street trees shall be provided for within the appropriate home owner covenants or property owner association documents.
(e) Minimum planting area widths for required street trees shall be six (6) feet.
§ 195-126. Parking Area Landscaping
(a) Parking Area Screening. Parking areas adjacent to all public or private streets shall be screened. Screening shall be provided between the parking area and the public or private street and provided as follows:
- One (1) three (3) foot evergreen shrub per three (3) feet of parking area frontage,
or
One (1) three (3) foot evergreen shrub per three (3) feet of parking area frontage
- Earthen berm with average height of three (3) feet landscaped with evergreen
shrubs equivalent to one (1) three (3) foot shrub per three (3) feet of parking area frontage, or
Decorative fencing a minimum of four (4) feet in height with evergreen shrubs equivalent to one (1) three foot shrub per six (6) feet of parking area frontage.
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Four (4) foot decorative fencing with evergreen shrubs equivalent to one (1) three (3) foot shrub per six (6) feet of parking area.
(b) In the event that a parking area is below the grade of the adjacent public or private street, the difference in elevation of up to two (2) feet shall be credited toward the parking lot screening requirement.
Parking lot one (1) foot below grade of public or private street
Parking lot two (2) feet below grade of public or private street
(c) Portions of a parking area that are used solely for the display of merchandise for sale shall only be required to provide one (1), one (1) foot shrub per three (3) feet of parking area frontage.
(d) Parking Area Interior Landscaping. Parking areas are subject to the following
landscaping requirements:
All parking rows and parking bays shall be capped with a landscape island.
Parking areas with less than two hundred (200) parking spaces shall contain the
following:
i.
One (1) shade type tree for every ten (10) parking spaces, planted within landscape islands, dispersed within the parking area so that no more than ten (10) parking spaces exist between landscape islands.
ii. One (1) two (2) foot shrub for every one (1) parking space planted within
landscape islands containing required trees.
- Parking areas with two hundred (200) or more parking spaces shall contain the
following:
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i. One (1) shade type tree for every ten (10) parking spaces, planted within
landscape islands, dispersed within the parking area so that no more than ten (10) parking spaces exist between landscape islands; and
ii. One (1) two (2) foot shrub for every one (1) parking space planted within
landscape islands containing required trees; and
iii. One (1) landscape median, minimum of six (6) feet in width for every three (3) parking bays. The landscape median shall extend the full length of the parking bay and shall include a four (4) foot concrete of paved sidewalk.
Landscape Median with four (4) foot walk every third (3rd) parking bay
- Wheel stops, curbing, or other barriers shall be provided to prevent damage to
required landscaping by vehicular traffic. Protection shall be installed to prevent soil erosion from the landscape area.
§ 195-127. Foundation Plantings
(a) All sides of multi-family, commercial, or industrial buildings which are visible from a public or private street or residential district shall be landscaped with foundation plantings as follows:
- One (1) ornamental tree per forty (40) linear feet of building, and
- One (1) three (3) foot shrub per ten (10) linear feet of building, or shrub
equivalent.
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One (1) ornamental tree per forty (40) linear feet of building and one (1) three (3) foot shrub per ten (10) linear feet of building
(b) Foundation plantings may be placed in collective groupings along the perimeter
of the building for which required.
§ 195-128. Buffers
(a) In all instances where an industrial use is adjacent to a commercial or residential use, where a commercial use is adjacent to a residential use or where a multi-family use or mobile home park use is adjacent to a single-family use, a buffer shall be required. The required buffer shall be accomplished by the following:
- Staggered evergreen tree line with a baseline filler of two (2) foot evergreen
shrubs. The evergreen tree material shall be a minimum of six (6) feet in height at time of planting. The evergreen tree line shall be planted in rows at least fifteen (15) feet apart and staggered ten (10) feet on center. Minimum planting area width shall be twenty (20) feet. In lieu of the baseline filler shrubs a three (3) foot earthen berm may be used.
Six (6) foot evergreen tree line with baseline filler of two (2) foot evergreen shrubs
(b) In instances where Crime Prevention Through Environmental Design (CPTED) or other circumstances as determined by the Zoning Administrator would make the planting of the required buffer impractical, the Zoning Administrator may approve one of the following alternative buffer techniques:
- Solid wood board or masonry fence minimum of six (6) feet in height with one
(1) three (3) foot shrub per ten (10) linear feet of fence; or
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Six (6) foot solid wood board fence with one (1) three (3) foot shrub per ten (10) linear feet of fence
- Three (3) foot earthen berm with a three (3) foot solid wood board or masonry
fence placed at the highest point on the berm. Unadorned cinderblocks shall not be considered an appropriate masonry material.
Three (3) foot earthen berm with three (3) foot solid wood board or masonry fence
(c) Where required the buffer shall extend along the entire length of the development
area and shall generally be located along the property line unless topographic or other considerations as determined by the Zoning Administrator would make the required buffer more effective when located back from the property line.
(d) When determined appropriate by the Zoning Administrator, existing natural
vegetation may be used to satisfy buffering requirements. Existing vegetation may be required to be supplemented with additional evergreen material. The need for additional evergreen material shall be determined during the site plan review process or when necessary after approved grading of the development site has occurred.
§ 195-129. Utility / Stormwater Management Screening
(a) Dumpster areas shall be hardscaped with a solid wood board or masonry enclosure. The required enclosure shall be a minimum of one (1) foot taller than the dumpster. Dumpster areas shall be enclosed on four (4) sides. Chain link fence may be used to enclose a dumpster area on three (3) sides provided that the chain link fence is screened from view with evergreen material that is equal at planting to the height of the dumpster. Gates shall not be chain link fencing material.
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(b) Loading areas, storage yards, stormwater management ponds, Heating, Ventilation
and Cooling (HVAC) equipment and other similar areas shall be screened from view from any public or private street, parking area or residential use.
(c) Stormwater management facilities intended for display as a water feature or naturalized planting area shall be exempt from screening requirements.
(d) Screening may be accomplished by a combination of existing evergreen vegetation, walls, fences, earthen berm or new evergreen vegetation appropriate to screen the equipment or activity. The height of screening at installation shall be sufficient to screen the equipment or activity as determined by the Zoning Administrator.
§ 195-130. Installation and Maintenance
(a) The planting of trees and shrubs shall be done in accordance with either the standardized landscape specifications adopted by the Virginia Nurserymen’s Association and the Virginia Society of Landscape Designers, or the Virginia Chapter of the American Society of Landscape Architects.
(b) All landscaping used to satisfy the requirements of the landscaping ordinance shall meet the specifications and standards of the American Association of Nurserymen.
(c) Required landscaping shall be installed in accordance with an approved site
development plan. Required landscaping shall be completed prior to occupancy or the property owner or developer shall provide a guarantee in a form acceptable to the Zoning Administrator that ensures installation.
A guarantee for required landscaping shall be in an amount equal to one hundred percent (100%) of the costs of all plants, related materials and installation. The amount is subject to approval by the Zoning Administrator.
All required landscaping shall be installed, inspected, and approved within
six (6) months of acceptance of the guarantee.
- During any water emergency declared by the Town of Appomattox in
which the use of water is restricted, the Zoning Administrator shall require the delayed installation of required trees, plants or screening materials. When required, the property owner or developer shall be required to obtain and or maintain a guarantee. After the declaration of water emergency ends, the property owner or developer shall be required to install all trees, plants, screening and related materials within six (6) months.
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(d) After the Zoning Administrator has determines that all landscaping required by
this ordinance has been installed and in healthy condition, the property owner and subsequent property owners shall be responsible for the ongoing protection and maintenance of all required landscaping in a manner consistent with the approved landscaping plan.
(e) In the event required landscaping as shown on the approved site development dies or is damaged, it shall be replaced by the property owner after notification by the Zoning Administrator. The Zoning Administrator may require and accept a guarantee in the amount of one hundred percent (100%) of the cost of all damaged or dead or damaged trees or plants, related materials and installation. Failure to replace dead or damaged landscaping after notification by the Zoning Administrator shall be a violation of the Zoning Ordinance.
(f) All required trees and shrubs as shown on the approved landscaping plan shall be
allowed to grow to maturity and shall not be removed unless a suitable replacement is provided and shown on an approved addendum to the approved landscaping plan. Pruning techniques shall be done in accordance with the standards adopted by the American National Standards Institute (ANSI), A300, Part 1, Standard 1 and the International Society of Arboriculture (ISA). Topping of trees required by this landscaping ordinance is prohibited.
§ 195-131. Tree canopy requirements
(a) Tree canopy shall include all areas of coverage by existing plant material exceeding
five (5) feet in height, and the extent of planted tree canopy at maturity shall be based on the published reference text, Manual of Woody Landscape Plants, fifth edition, 1998 by Michael A. Dirr.
(b) The planting of trees on a development site shall be required to the extent that, at a twenty (20) year maturity, minimum tree canopies shall be provided as follows:
Minimum Tree Canopy Required
B-1, General Business M-1, Limited Industrial R-2, General Residential MHP-1, Mobile Home Park R-1, Limited Residential
Ten percent (10%) of entire development site Ten percent (10%) of entire development site Ten percent (10%) of entire development site Ten percent (10%) of entire development site Twenty percent (20%) of entire development site.
(c) Existing trees that are to be preserved may be included to meet all or part of the tree
canopy requirements.
(d) Existing trees infested with disease or structurally damaged to the extent that they
pose a hazard to person or property, or to the health of other trees on site, shall not be included to meet the tree canopy requirements.
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(e) Tree canopy requirements do not replace, or negate full compliance with the
requirements of any other section of the landscaping ordinance. However if planting of landscaping required by this ordinance meets or exceeds the tree canopy requirement, no further planting of trees or replacement trees shall be required by this section.
(f) The following shall be exempt from the tree canopy requirements:
a. Dedicated K-12 school sites b. Playing fields and other non wooded recreation areas c. Designated wetlands d. Other facilities determined by Town Council in its sole discretion.
§ 195-132. Alternative landscape plan
The Town Council may approve an alternative layout to landscaping required by this ordinance as a conditional use after notification and public hearings requirements are given as provided by §15.2-2204 of the Code of Virginia. In approving a conditional use for an alternative landscape plan, the Town Council shall consider the spirit and intent of the landscape ordinance and shall ensure that the goals of § 195-119 are met.
Section 2. Effective Date.
ENACTED AND ORDAINED THE 29th day of April 2008. This ordinance shall become effective upon passage.
Roxanne W. Paulette, CMC
Roxanne W. Paulette, Clerk
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AN ORDINANCE TO AMEND AND REENACT the Code of the Town of Appomattox, Chapter 195, Section 12, entitled Site Plan Review/Zoning Permits, amending subsections A, B and C; and enacting subsections D, E, F, G and H.
Be it ordained by the Council of the Town of Appomattox, as follows:
Section 1. Chapter 195, Section 12 shall be amended as follows:
§ 195-12. Zoning Permits
A. Intent. Zoning permits / site plan review are intended to ensure compliance with the Zoning Ordinance and proper design in types of development which can have deleterious effects on their surroundings. These effects are subject to modification or reduction through the physical design of such development. Review of the design, therefore, is aimed at the greatest possible benefit to the community as a result of building and site design.
B. Buildings or structures shall be started, reconstructed, enlarged or altered only
after a zoning permit has been obtained from the Zoning Administrator. A zoning permit issued by the Zoning Administrator shall indicate only that the requested use is permitted by right by the Zoning Ordinance. The issuance of a zoning permit shall not negate full compliance with site plan review requirements.
C. Developments subject to site plan review. The following types of development shall be subject to the site plan review provisions of this ordinance, including petitions for a rezoning request or for a conditional use permit request:
All commercial and industrial facilities, including off-street parking;
All institutional facilities, such as schools, hospitals and clubs;
All residential developments, involving more than two (2) dwelling units in
one (1) building or on one (1) lot;
- Conditional use permits (as specified in this ordinance).
D.
Site plan procedures and review:
- Definitions:
a. Preliminary site plan. Plan to accompany rezoning or conditional use permit requests; however, final rezoning or conditional use permit approval shall be contingent upon approval of a final site plan. b. Final site plan. Plan required for issuance of a building and/or land
disturbance permit.
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E.
Plan requirements: The Zoning Administrator shall require an appropriate number of clearly legible copies for preliminary site plans and final site plans. The preliminary site plan shall include the following:
Name and address of petitioner and owner;
Name and location of development;
Property lines by metes and bounds;
Existing and proposed zoning;
Type of proposed zoning;
Owner, present use and existing zoning of all abutting property;
Existing and proposed streets, easements, rights-of-way and other reservations;
Ingress and egress points;
Proposed parking areas, materials for same and number of spaces;
Existing and proposed buildings;
Date, scale of not less than one (1) inch equals one hundred (100) feet, and north point;
Limits of established one hundred (100) year floodplain;
Major natural features;
Required setbacks and areas for landscaping and buffering;
Location of existing water, storm and sanitary sewer lines.
Existing and proposed topography;
Location of proposed water mains, fire hydrants, pipe sizes, grades and direction of flow;
Generalized erosion control measures;
Location of proposed utility lines, indicating where they already exist and whether they will be underground;
Location of proposed storm and sanitary sewer systems, both surface and subsurface, showing pipe sizes, grade flow and design loads;
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Vicinity map at a scale no smaller than one (1) inch equals six hundred (600) feet, showing all streets and property within one thousand (1,000) feet of the subject property;
Existing and proposed curb lines and sidewalks;
Location of proposed signs;
Proposed location and materials for disposal of refuse and other solid waste;
Recreation and/or open spaces;
Name and address of person(s) preparing the site plan;
Proposed buildings and structures, to include:
a. Distance between buildings;
b. Number of stories;
c. Area in square feet of each floor;
d. Number of dwelling units or guestrooms;
e. Structures above height regulations.
- Proposed location of outdoor lighting.
F.
G.
- Landscaping plan as more particularly described in Article XII, § 195-124. Landscape Plan Required.
The preliminary site plan shall be accompanied by a check payable to the Town of Appomattox in the amount set forth in § 195-9. Administrative fees.
The final site plan shall include, in addition to the items specified for a preliminary site plan, the following:
Name and address of owners of record of all adjacent properties;
Current zoning boundaries, including surrounding areas to a distance of three hundred (300) feet;
Final erosion and sediment control plans and stormwater management plans;
Location of watercourses, marshes, rock outcroppings, wooded areas and single trees with a diameter of ten (10) inches measured three (3) feet from the base of the trunk;
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Location of buildings existing on the tract to be developed and on adjacent tracts within a distance of one hundred (100) feet, indicating whether existing buildings on the tract are to be retained, modified or removed;
Proposed streets and other ingress and egress facilities (indicating curb lines, sidewalk lines, public right-of-way lines and profiles and cross-sections of streets);
Layout of off-street parking;
Proposed location, direction of, power and time of use of outdoor lighting (not required of industrial development);
Location, size and design of proposed signs;
Elevations of buildings to be built or altered on site.
H. Administrative responsibility.
The Zoning Administrator shall be responsible for checking the site plans for general completeness and compliance with this ordinance. The Zoning Administrator shall see that all examination and review of the site plans are completed by other appropriate approving authorities.
The Zoning Administrator shall approve or disapprove the site plans in accordance with this ordinance and other appropriate approving authority recommendations. The Zoning Administrator shall then return two (2) copies of the site plan, together with modifications, noting thereon any changes that will be required, to the applicant not later than forty-five (45) days from the date of submission, except under abnormal circumstances.
Adjustment in approved site plan. After a site plan has been approved by the Zoning Administrator, minor adjustments of the site plan, which comply with the spirit of this article and other provisions of this chapter with the intent of other appropriate approving authorities in their approval of site plans and with the general purpose of the comprehensive plan for development of the area, may be approved by the Zoning Administrator with concurrence of the other appropriate approving authorities. Minor adjustment from an approved site plan without the Zoning Administrator’s approval, or any major deviations, shall require the applicant to resubmit a new site plan for consideration.
Waiver. Any requirement of this section may be waived by the Town Council and/or its designee in a specific case where such requirement is found to be unreasonable or unnecessary for review of the proposal and where such waiver will not be adverse to the purpose of this section.
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Building and occupancy permits. No building permit shall be issued for a building in an area in which site plan review is required unless the construction proposed by such building permit is in conformance with the approved site plan. No occupancy permit shall be issued in such an area for a use which is not in conformance with the approved site plan or zoning permit.
Appeal. An appeal of any decision made by the Zoning Administrator concerning site plan review procedure may be made to the Town Council.
Section 2. Effective Date.
ENACTED AND ORDAINED THE 29th day of April 2008. This ordinance shall become effective upon passage.
Roxanne W. Paulette, CMC
Roxanne W. Paulette, Clerk