Richmond County, Virginia Land Management Ordinance

[From the U.S. Government Printing Office, www.gpo.gov]

Task 61

Final Product

DRAFT

RICHMOND COUNTY
VIRGINIA

LAND MANAGEMENT
ORDINANCE

This document was funded, in part, by the Virginia Council on the Environment's Coastal
Resources Management Program thru Grant #NA90AA-H-CZ796 of,the NOAA under the
Coastal Zone Management Act of 1972 as amended.

TABLE OF CONTENTS

Section Page

1-1 TITLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1

1-2 AUTHORITY ........................................................... Page 1

1-3 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1

1-4 JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1

1-5 RELATIONSHIP TO THE COMPREHENSIVE PLAN . . . . . . . . . . . . . . . Page 1

1-6 INTERPRETATION ............................................................ Page 1

1-7 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1

1-8 REPEAL OF CONFLICTING ORDINANCES ........................................... Page 2

1-9 EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2
1-10 SAVING PROVISION . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2

1-11 FILING OF CERTIFIED COPIES OF THIS ORDINANCE . . . . . . . . . . . . Page 2

2-1 PROCEDURES FOR PROCESSING DEVELOPMENT APPLICATIONS . . . . . . . . . Page 3
2-1-1 DUTIES OF THE LAND USE ADMINISTRATOR . . . . . . . . . . . . Page 3
2-1-2 DECISION-MAKING PATHS (DMPs) . . . . . . . . . . . . . . . . Page 3

2-2 PLAN OF DEVELOPMENT PROCESS * - - - - Page 5
2-2-1 APPLICATION OF THE PLAN OF DEVELOPMENT ;R;CiS;. Page 5
2-2-2 PRE-APPLICATION CONFERENCE . . . . . . . . ... . . . . . . . Page 8
2-2-3 DEVELOPMENT PERMIT APPLICATION . . . . . . . . . . . . . . . Page 9
2-2-4 USE OF A RESOURCE INVENTORY FOR PRE-DEVELOPMENT PLANNING
AND DESIGN . . . . . . . . . . . . . Page 9
2-2-5 SUBMISSION OF A COMPLETE DEVELOPMENT,PERMIT APPLICATION . . . Page 9
2-2-6 DOCUMENTS TO BE SUBMITTED . . . . . . . . . . . . . . . . . Page 10
2-2-7 WAIVER OF SUBMISSION REQUIREMENTS . . . . . . . . . . . . . Page 10
2-2-8 SUBMISSION OF SKETCH PLATS AND SKETCH PLANS . . . . . . . . Page 11
2-2-9 SIMULTANEOUS REVIEW OF PLATS AND PLANS AND OTHER REQUESTS . Page 11
2-2-10 SUBMISSION OF A MINOR SUBDIVISION/SITE PLAN . . . . . . . . Page 11
2-2-11 SUBMISSION OF A MAJOR SUBDIVISION/SITE PLAN . . . . . . . . Page 12
2-2-11a GENERAL DEVELOPMENT PLAN . . . . . . . . . . . . Page 12
2-2-11b ADMINISTRATIVE MAJOR SUBDIVISION/SITE PLAN APPROVAL Page 13
2-2-11c MAJOR SUBDIVISION/SITE PLANS APPROVAL BY THE BOARD
OF SUPERVISORS . Page 13
2-2-11d EFFECT OF GENERAL DEVELOPMENT PLAN/PRELIMINAR
SUBDIVISION/SITE PLAN APPROVAL . . . . . . . . . Page 13
2-2-11e EFFECT OF FINAL APPROVAL OF SUBDIVISIONS AND SITE
PLANS . . . . . . . . . . . . . . . . . . . . . . Page 14

2-2-12 ADJUSTMENTS TO APPROVED SITE PLANS . . . . . . . . . . . . Page 14

2-2-13 ADJUSTMENTS TO APPROVED SUBDIVISION PLATS . . . . . . . . . Page 14
2-2-14 WETLAND PERMITS REQUIRED BEFORE FINAL APPROVAL . . . . . . Page 14

2-3 PUBLIC NOTICE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . Page 15

2-4 APPEALS OF DECISIONS RENDERED . . . . . . . . . . . . . . . . . . . Page 15
2-4-1 APPEALS OF ADMINISTRATIVE DECISIONS . . . . . . . . . . . . Page 15

Page i

2-4-2 APPEALS OF DECISIONS MADE BY THE BOARD OF SUPERVISORS, BOARD OF
ZONING APPEALS AND THE WETLANDS BOARD . ... . . . . . . . . Page 16

2-5 AMENDMENTS . . . . . * o * * * * * o . . . . . . . . . . Page 16
2-5-1 INITIATING AN A@EN'DM*ENT . . . . . . . . . . . . . . . . . . . Page 16
2-5-2 PROCESSING AN AMENDMENT REQUEST . . . . . . . . . . . . . . Page 17

2-6 PERFORMANCE AND MAINTENANCE GUARANTEES REQUIRED BEFORE
FINAL APPROVALS . . . . . . . . . . . . . . . . . . . . . . . . . . Page 17

2-7 CERTIFICATE OF COMPLIANCE, BUILDING PERMITS AND CERTIFICATES
OF OCCUPANCY . . . . . . . . . . . . o . . . . . . . . . . . . . o Page 18
2-7-1 DEVELOPMENT PERMITS . . . . . . . . . . . . . . . . . o . . Page 18
2-7-2 CERTIFICATES OF OCCUPANCY . . . . . . . . . . . . . . . . . Page 19

2-8 APPLICATION FEES AND ESCROW SCHEDULE . . . . . . . . . . . o o . . Page 19

2-9 VIOLATIONS, ENFORCEMENT AND PENALTIES . . . . . . . . . . . . . . . Page 20
2-9-1 VIOLATIONS . . . . . . . . . . . . . . . . . . . . . o . . Page 20
2-9-2 ENFORCEMENT . . . . . . . . . . . . . . . o . . . . . . . o Page 20
2-9-3 PENALTIES . . . . o . . . . . . . . . . . . . . . . . . . . Page 21

3-1 ZONING DISTRICTS . . . . . . . . . . . o . . . . . . . Page 23
3-1-1 ESTABLISHMENT . . . . . . . . . . . . . o o . . . . . . . . Page 23
3-1-2 APPLICABILITY OF ZONING DISTRICTS; EFFECT OF OVERLAY
ZONING DISTRICTS . . o . . . . . . . . . . . . . . . . . . Page 23

3-2 OFFICIAL ZONING MAP . . . . @. o . . . . . . . . .... o . . . . . . . Page 23
3-2-1 OFFICIAL ZONING MAP OF RICHMOND COUNTY, VIRGINIA . . o . . Page 23
3-2-2 AMENDMENTS TO THE OFFICIAL ZONING MAP . . . . . . . . . . . Page 24
3-2-3 UNAUTHORIZED CHANGES . . . . . . . . . . . . . . . Page 24
3-3 INTERPRETATION OF DISTRICT BOUNDARIES . . ... . . . . . . . . . . . Page 24
3-3-1 CENTER LINES AS BOUNDARIES . . . . . . . o . . . . . . . . Page 24
3-3-2 PROPERTY OR OTHER EDGE LINES AS BOUNDARIES . . . . . . . . Page 24
3-3-3 BOUNDARIES OTHER THAN AS ABOVE . . . . . . . . . . . . . . Page 25
3-3-4 BOUNDARIES EXTENDING INTO WATER . . . . . . . . . . . . . . Page 25
3-3-5 DIMENSIONS . . . . . . . . . o . . . . . . . . . . . . . . Page 25
3-3-6 UNCLASSIFIED AREAS . . . . . . . . . . . . . . . . . . . . Page 25
3-3-7 INTERPRETATION IN CASES OF UNCERTAINTY o . . . . . . . . . Page 25
3-3-8 JURISDICTIONAL BOUNDARY CHANGES o . . . . . . . . . . . Page 25

3-4 APPLICATION OF REGULATIONS . o . . . . . . . . . . . . . . . Page 25
3-4-1 USE, OCCUPANCY AND CONSTRUCTION . . . . . . . . . . . . . . Page 25
3-4-2 COMPLIANCE WITH HEIGHT, BULK AND LOT COVERAGE
PROVISIONS . o . . . . . . . . . . . Page 26
3-4-3 REQUIRED YARD FOR ONE STRUCTURE, OR USE: @OT* ;O*Bi
USED TO MEET REQUIREMENTS FOR ANOTHER . . . . . . . . . . . Page 26
3-4-4 REDUCTION OF LOTS OR LOT AREA BELOW THE MINIMUM
PROHIBITED . . . . . . . . . . o . . . . . . . . . . . . . Page 26
3-4-5 REDUCTION OF YARDS BELOW THE MINIMUM PROHIBITED . . . . . o Page 26

3-5 BOARD OF ZONING APPEALS (BZA) . . . . . . . . . . . . . . . . . . o Page 26
3-5-1 MEMBERSHIP . . . . . . . . . o . . . . . ... . . . . . . Page 26
3-5-2 POWERS o. o. . . . . . . . . . . o . . . . . o Page 27
3-5-3 DUTIES . . . . . . . . . . . . . . . . . . . . . . . . . . Page 27

3-6 GUIDING PRINCIPLES . . . . . . . . . . . . . . . . . . . . . . . . Page 28

3-7 VARIANCE RELIEF . . . . . . . . . . . Page 28
3-7-1 APPLICATION FOR A VARIANCE . : : : : : : : : : : : : : *. o. Page 28
3-7-2 FINDINGS NECESSARY BEFORE THE ISSUANCE OF A VARIANCE . . . Page 28

Page ii

3-7-3 VARIANCES NOT AUTHORIZED . . . . . . . . . . . . . . . . . Page 30
3-7-4 CONDITIONS ATTACHED TO VARIANCES . . . . . . . . . . . . . Page 31
3-7-5 LAPSE OF VARIANCE . . . . . . . . . . . . . . . . .. . . . . Page 31

3-8 PLANNING COMMISSION . . . . . . . . . . . . . . . . . . . o . . . . Page 31
3-8-1 MEMBERSHIP . . . . . . . . . . . . . . . . . . . . . . . . Page 31
3-8-2 POWERS AND DUTIES . . . . . . . . . . . . . . . . . . . . . Page 31

3-9 CONDITIONAL ZONING . . . . . . . . . . . . . . . . . . . . . . . . Page 33
3-9-1 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . Page 33
3-9-2 PROFFER OF CONDITIONS . . . . . . . . . . . . . . . . . . . Page 33
3-9-3 EFFECT OF CONDITIONS . . . . . . . . . . . . . . . . . . . Page 33
3-9-4 ZONING MAP NOTATION AND RECORDS . . . . . . . . . . . . . . Page 34
3-9-5 SUBMITTAL REQUIREMENTS . . . . . . . . . . . . . . . . . . Page 34
3-9-6 PROCEDURAL REGULATIONS AND REQUIREMENTS . . . . . . . . . . Page 34

3-10 RURAL OPEN SPACE AND CONSERVATION (ROSCO) . . . . . . . . . . . . . Page 34
3-10-1 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . Page 34
3-10-2 PERMITTED USES . . . . . * * * Page 35
3-10-3 SPECIAL USE PERMIT OUTSIDE ;P;I;N'A@E@S* . . . Page 35
3-10-4 DENSITY AND APPROPRIATE AREAS FOR DEVELOPMENT . . . . . . . Page 36
3-10-5 RURAL ESTATE HOUSE OPTION . . . . . . . . . . . . . . . . . Page 36
3-10-6 RURAL FARMSTEAD OPTION . . . . . . . . . . . . . . . . . . Page 37
3-10-7 RURAL HAMLET OPTION . . . . . . . . . . . . . . . . . . . . Page 38
3-10-8 RURAL VILLAGE OPTION . . . . . . . . . . . . . . . . . . . Page 40
3-10-9 RURAL DEVELOPMENT OPTION . . . . . . . . . . . . . . . . . Page 48

3-11 RURAL BUSINESS AND COMMERCIAL (SHOPPING) . . . . . . . . . . . . . Page 49
3-11-1 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . Page 49
3-11-2 PERMITTED USES . . . . . . . . . . . . . . . . . . . . . . Page 49
3-11-3 SPECIAL USE PERMIT . . . . . . . . . . . . . . . Page 49
3-11-4 MINIMUM AREA REQUIREMENTS . . . . . . . . . . . Page 50
3-11-5 MINIMUM SETBACK REQUIREMENTS . . . . . . . . Page 50
3-11-6 FRONTAGE AND YARD REQUIREMENTS . . . . . . . . . . . . . . Page 50

3-12 RURAL WORKPLACE (WORK) . . . . . . . . . . . . . . . . . . . . . . Page 50
3-12-1 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . Page 50
3-12-2 PERMITTED USES . . . . . . . . . . 4 . . . . . . . . . . . . Page 51
3-12-3 SPECIAL USE PERMITS . . . . . . . . . . . . . . . . . . . . Page 52
3-12-4 MINIMUM AREA REQUIREMENTS . . . . . . . . . . . . . . . . . Page 52
3-12-5 MINIMUM SETBACK REQUIREMENTS . . . . . . . . . . . . . . . Page 53
3-12-6 FRONTAGE AND YARD REQUIREMENTS . . . . . . . . . . . . . . Page 53

3-13 HISTORIC AND SCENIC PRESERVATION (HISTORIC RICHMOND)
OVERLAY DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . Page 53
3-13-1 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . Page 53
3-13-2 APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . Page 53
3-13-3 PERMITTED USES . . . . . . . . . . . . . . . . . . . . . . Page 54
3-13-4 USE LIMITATIONS . . . . . . . . . . . . . . . . . . . . . . Page 54
3-13-5 STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . Page 55
3-13-6 PERFORMANCE GUARANTEES . . . . . . . . . . . . . . . . . . Page 56

3-14 WATERFRONT MANAGEMENT (WATER) OVERLAY DISTRICT . . . . . . . . . . Page 56
3-14-1 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . Page 56
3-14-2 APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . Page 57
3-14-3 Lot Size and Building Setbacks . . . . . . . . . . . . . . Page 57
3-14-4 TIDAL WETLAND MODIFICATION ACTIVITIES . . . . . . . . . . . Page 58
3-14-5 RESOURCE PROTECTION AREA (RPA) . . . . . . . . . . . . . . Page 59
3-14-6 SPECIAL USE PERMITS . . . . . . . . . . . . . . . . . . . . Page 59
3-14-7 EXEMPTIONS IN THE RESOURCE PROTECTION AREAS . . . . . . . . Page 59
3-14-8 LOCAL UTILITY EXEMPTIONS IN THE RPA . . . . . . . . . . . . Page 60
3-14-9 CONTINUATION OF LAWFUL USES IN THE RPA . . . . . . . . . . Page 60

Page iii

3-14-10 RPA BUFFER AREA REQUIREMENTS Page 60
3-14-11 AGRICULTURAL AREAS POSSESSING RPAs Page 62
3-14-12 WATER QUALITY IMPACT ASSESSMENT REQUIRED FOR
DISTURBANCES PROPOSED . . . Page 62
3-14-13 EXCEPTION REQUESTS WITHIN THE Page 67
3-14-14 VARIANCE REQUESTS WITHIN THE RPA . . . . . . . . . . . . . Page 67
3-14-15 BOARD OF ZONING APPEALS RESPONSIBILITY FOR VARIANCE
REQUESTS WITHIN . . . . . . . . . . . . . . . . . . Page 67
3-14-16 PERMITTED USES WITHIN FLOODPLAIN AREAS POSITIONED
LANDWARD OF THE RPA Page 67
3-14-17 SPECIAL USE PERMITS WITHIN FLOODPLAIN AREAS POSITIONED
LANDWARD OF THE RPA . . . . . . . . . . . . . . Page 68
3-14-18 WHEN RESIDENTIAL STRUCTURES ARE PERMITTED.IN FLOODPLAIN
AREAS POSITIONED LANDWARD OF THE RPA . . . . . . . . . . . Page 69
3-14-19 DESIGN CRITERIA FOR UTILITIES AND FACILITIES WITHIN
FLOODPLAIN AREAS POSITIONED LANDWARD OF THE RPA . . . . . Page 70
3-14-20 ENGINEERING AND ENVIRONMENTAL CRITERIA FOR PROPOSED
ALTERATIONS TO FLOODPLAIN AREAS POSITIONED LANDWARD
OF THE RPA . . . . Page 70
3-14-21 EXISTING STRUCTURES WITHIN THE FLOODPLAIN Page 71
3-14-22 RESTRICTIONS ON DISTURBANCES OF SLOPES IN EXCESS
OF TWENTY-FIVE PERCENT (25%) WHICH ARE CONTIGUOUS TO
TIDAL WETLANDS, TIDAL SHORES OR CONNECTED NONTIDAL
WETLANDS . . . . . . . . . . . . . . . . . . . . . . . . . Page 72

315 AFFORDABLE HOUSING (AFFORDABLE) OVERLAY DISTRICT . . . . . . . . . Page 72
3-15-1 PURPOSE . . . . . I . . . . . . . . . . . . . . . . . . . . Page 72
3-15-2 ADMINISTRATIVE PROVISIONS . . . . . . . ..... .. . . . . . . . Page 72
3-15-3 GENERAL REQUIREMENTS . . . . . . . . . I. . . . . . . . . . Page 76
3-15-4 MANUFACTURED HOMES LOCATED OUTSIDE OF MOBILE HOME
PARKS AND MOBILE HOME SUBDIVISIONS . . . . . . . . . . . . Page 77
3-15-5 MANUFACTURED HOME PARKS . . . . . . . .. . . . . . . . . . . Page 79
3-15-6 MANUFACTURED HOME SUBDIVISIONS . . . . . . . . . . . . . . Page 82

316 SUPPLEMENTAL DISTRICT REGULATIONS . . . . . . .... . . . . . . . . . Page 82
3-16-1 USES NOT SPECIFICALLY PERMITTED . . . . . . . . . . . . . . Page 82
3-16-2 RIGHT TO FARM . . . . . . . . . . . . . . . . . . . . . . . Page 82
3-16-3 ACCESSORY USES . . . . . . . . . . . . . . . . . . . . . Page 83
3-16-4 HOME OCCUPATIONS . o . . o . . o . . . o . o Page 89
3-16-5 SPECIAL YARD REGULATIONS . . . . . ... . o . . . . . . . . Page 93

317 SPECIAL USE PERMITS . . . o . . . . . . . . . . Page 93
3-17-1 PURPOSE AND INTENT . . . . . . o . . . Page 93
3-17-2 REVIEW STANDARDS FOR SPECIAL USE PERMITS . . . . . . . . . Page 94
3-17-3 SPECIAL CONDITIONS . . . o o ' * * Page 94
3-17-4 SPECIAL USE PERMIT APPLICATION REQUIREMENTS o . . Page 95
3-17-5 SPECIAL USE PERMIT GENERAL PROVISIONS . o o . . . Page 95
3-17-6 SPECIAL USE PERMIT STANDARDS - VILLAGE AREAS . . . . Page 95
3-17-7 REVOCATION OF SPECIAL USE PERMITS . . . . . . o . . . Page 96

318 DENSITY BONUS PROVISIONS - ROSCO AND AFFORDABLE o . . o . o . Page 96

3-19 NON-CONFORMING LOTS, NON-CONFORMING USES OF LAND, NON-CONFORMING
STRUCTURES, NON-CONFORMING USES OF STRUCTURES AND PREMISES,
AND NON-CONFORMING CHARACTERISTICS OF USE . . . . . . . . Page 97
3q-19-1 INTENT AND FILING REQUIREMENT . o . o . . o o . . . . . Page 97
3-19-2 NON-CONFORMING LOTS OF RECORD . . . o . o . . o . o . o Page 97
3-19-3 PROHIBITION AGAINST CREATION OF LOTS BELOW WIDTH
AND AREA REQUIREMENTS FOR DISTRICT Page 98
3-19-4 HIGHWAY REALIGNMENT OR CONDEMNATION . o o o . o . . o o Page 98
3-19-5 NON-CONFORMING USES OF LAND AND/OR STRUCTURES . . . . . . o Page 98
3-19-6 USES UNDER SPECIAL USE PERMIT PROVISIONS ARE NOT

Page iv

NON-CONFORMING USES . . . Page 99
3-19-7 DEVELOPMENT WAIVER IN THE PROTECTION
AREA (RPA) . . . . . . . . . . . . . . . . . . . . . . . . Page 99

Page v

ARTICLE I
INTRODUCTORY PROVISIONS

1-1 TITLE

This Ordinance shall be known as the Richmond County Land Management Ordinance
(LMO).

1-2 AUTHORITY

This Ordinance is adopted pursuant to the authority granted by Title 15.1,
Chapter 11 of the Code of Virginia, 1950 (as amended).

1-3 PURPOSE

This Ordinance is adopted for the purpose of guiding development in accordance
with the existing and future needs of Richmond County in order to improve the
public health, safety, convenience and welfare of the citizens of Richmond
County. This Ordinance is designed to plan for the future development of
Richmond County to the end that significant environmental, cultural and other
features which contribute to the quality of life and character of Richmond
County are identified and protected; transportation systems are carefully
planned; new community centers are developed with.adequate highway, utility,
health, educational, and jecreational facilities;. the needs of agriculture,
industry and business are recognized in future growth; residential areas are
provided with healthy surroundings for family life; significant agricultural
and forestal lands are preserved; and the growth,of the community is consonant
with the efficient and economical use of public funds.

1-4 JURISDICTION

This Ordinance and the provisions contained herein shall hereafter govern all
land development within the unincorporated areas of Richmond County, 'Virginia,
as now or may be hereafter established.

1-5 RELATIONSHIP TO THE COMPREHENSIVE PLAN

It is the intention of the Richmond County Board of Supervisors that this
Ordinance implement the planning policies and directives of the Richmond County
Comprehensive Plan.

1-6 INTERPRETATION

When the conditions imposed by a provision of this Ordinance are less
restrictive than comparable conditions imposed by other provisions of this
Ordinance or any other ordinance, the provisions that are more restrictive
shall govern.

1-7 SEVERABILITY

The provisions of this ordinance are severable. If a section, sentence, clause
or phrase of this ordinance is adjudged by a court of competent jurisdiction
to be invalid, the decision shall not affect the validity of the remaining
portions of this ordinance.

Page 1

1-8 REPEAL OF CONFLICTING ORDINANCES

All sections of the "Subdivision Ordinance of Richmond County, Virginia," the
"Manufactured Home Regulations Section of the Subdivision Ordinance for
Richmond County, Virginia," the "Erosion and Sediment control Ordinance of
Richmond County, Virginia," the "Richmond County Wetlands Ordinance," the
"Richmond County Floodplain Management Ordinance," the "Chesapeake Bay
Preservation Area Ordinance for Richmond County, Virginia," and the "Plan of
Development Process Site Plan Ordinance for Richmond County, Virginia," and all
amendments thereto, shall be and hereby are repealed. All other ordinances or
parts thereof inconsistent with the terms of this Ordinance are hereby repealed
insofar as such inconsistency may exist.

1-9 EFFECTIVE DATE

This Ordinance shall take effect immediately upon its adoption by the Richmond
County Board of Supervisors.

1-10 SAVING PROVISION

The adoption of this Ordinance and repeal of previously existing ordinances and
those in conflict shall not be construed as abating any legal action now
pending under, or by virtue Of, the prior existing ordinances, or as
discontinuing, abating, modifying or altering any penalty accruing or about to
accrue, or as affecting the liability of any person, or as waiving any right
of the County under any section or provision existing at the time of adoption
of this Ordinance, or as vacating or annulling any rights obtained by any
person, by lawful action of the County, except as specifically provided for in
this Ordinance.

1-11 FILING OF CERTIFIED COPIES OF THIS ORDINANCE

A certif ied copy of this Ordinance shall be f iled in the of f ice of the Land Use
Administrator and in the office of the Clerk of the Circuit Court.

Page 2

ARTICLE 2
ADMINISTRATION AND PROCEDURES

2-1 PROCEDURES FOR PROCESSING DEVELOPMENT APPLICATIONS

2-1-1 DUTIES OF THE LAND USE ADMINISTRATOR

The Land Use Administrator shall be responsible for coordination of the
development review and decision-making process. His responsibilities
include:

a. Administering and enforcing the zoning, subdivision, development
design and implementation provisions of this Ordinance.

Maintaining an accurate record of all amendments to the text and
maps of this Ordinance.

C. Receiving all applications submitted to Richmond County for
development permits.

d. Reviewing every application for completeness and compliance with
the provisions of this Ordinance.

e. Determining which decision-making procedure (DMP) is specified by
this Ordinance as the appropriate d6&lsion-making process, and
facilitating tfte processing of every application.
. * I I
f. Determining which local, state, and.@federal agencies may be able
to provide relevant information thereby ensuring a thorough and
complete review of every application and advising those agencies
which may want knowledge of an issued permit.

g. Providing staff support to and enforcing all decisions made by the
Board of Supervisors, Board of Zoning Appeals, Planning Commission,
Historic District Review Committee and Wetlands Board.

h. Notifying the applicant by written notice of an approval, approval
with conditions, or denial within then (10) days of final action.

i. conducting inspections of buildings and other structures, and uses
of land to determine compliance with the provisions of this
Ordinance.

j. Performing such other duties and functions as are required by the
provisions of this Ordinance.

2-1-2 DECISION-MAKING PATHS (DMPs)

Five different types of deciBion-making paths (DMPs) are necessary in
order to administer the provisions of this Ordinance. These five DMPs
are explained below and depicted in Exhibits 1, 2, and 3.

a. Administrative Approval - DMP-a

This decision-making path relates to all development approvals which
are issued administratively by staff and do not require approval by the
Board of Zoning Appeals (BZA), Board of Supervisors (Board), or any
other board or commission appointed by the Board. An application under
DMP-a will be processed without a public hearing or notification of

Page 3

adjacent property owners. Staff may solicit input from other agencies,
departments, boards, commissions and citizens as deemed necessary.
Although it is the intent of the County to review applications with as
little delay as possible, some applications may require referral to
other agencies. However, a decision shall always be rendered within
sixty (60) days of the date a complete application is submitted. A
decision of the Administrator may be appealed in accordance with the
appeal provisions of section 2-4-1.

b. Board of Supervisors Approval After A Public Hearing - DMP-b

This decision-making path relates to all development approvals granted
by the Board of Supervisors after the conduct of a public hearing.
This DMP will involve the solicitation of comments and recommendations
from staff, local boards and commissions and other governmental
entities before a final decision is made. Public hearings shall be
held after public notice is provided in accordance with the public
notice provisions of Section 2-3.

The Land Use Administrator shall forward a complete application to the
commission which shall hold at least one (1) public hearing in
accordance with the public notice requirements of Section 2-3.
Following the hearing, the Planning Commission shall prepare and by
motion approve its recommendation, which may include changes to the
original application proposal, and transmit such recommendations,
together with any explanatory materials, to the Board of Supervisors.
The Planning Commission's recommendation shall
state the public purposes upon which their recommendation is premised.
Failure of the Planning Commission to submit a recommendation to the
Board of Supervisors within ninety (90) days of the first meeting of
the Commission after the application had been referred to it shall be
deemed as a recommendation for approval, unless the application is
withdrawn by the applicant prior to the expiration of such time period.
The Board will conduct a public hearing advertised in accordance with
the public notice. provisions specified in Section 2-3. Approval or
denial by the Board shall occur within forty-five (45) days after
receipt of all state approvals or ninety (90) days after submission of
a complete application, whichever tis greater. The applicant may
relieve the Board and Planning Commission of rendering a decision
within the time periods provided if done so in writing prior to the
expiration of the time period. A decision by the Board may be appealed
in accordance with appeal and provisions of Section 2-4-2.

C. Board of Supervisors Approval, Public Hearing Not Required - DMP-c

This decision-making path relates to all development approvals granted
by the Board of Supervisors which do not require a public hearing.
DMP-c may involve the solicitation of comments and recommendations from
staff, local boards and commissions, and other governmental entities
before a final decision is made. Appeals may be made in accordance
with the appeal provisions of Section 2-4-2.

d. Board of Zoning Appeals' Approval - DMP-d

This decision-making path relates to all zoning appeals and requests
granted by the Board of Zoning Appeals (BZA). DMP-d involves the
conduct of a public hearing after public notice has been provided in
accordance with the public notice provisions of Section 2-3.
Solicitation of comments and recommendations from the Planning
Commission is mandatory before a decision is rendered. Comments and
recommendations may also be solicited from staff, local boards and
commissions, and other governmental entities before a final decision

Page 4

is made. Appeals may be made in'accordance with the appeal provisions
of Section 2-4-2.

e. Wetlands Board Approval - DMP-e

This decision-making path relates to all development approvals granted
by the Wetlands Board. The Wetlands Board conducts a public hearing
not later than sixty (60) days after receipt of an application for a
proposed regulated activity within tidal wetland areas. Public
hearings are conducted after public notice has been provided in
accordance with the public hearing provisions of Section 2-3. It is
mandatory that the applicant, the Board of Supervisors, the
Commissioner of the Virginia Marine Resources Commission, the owner of
record of any land adjacent to the wetlands in question, the Virginia
Institute of Marine Science, the Department of Game and Inland
Fisheries, the State Water Control Board, the Department of
Transportation and any governmental agencies expressing an interest
therein be notified of the hearing by mail not less than twenty (20)
days prior to the date set for the hearing. Solicitation of comments
and recommendations from staff, local boards and COMMiBsionB and other
governmental entities occurs before a final decision is made. Appeals
may be made in accordance with the appeals procedure of Section 2-4-2.

2-2 PLAN OF DEVELOPMENT PROCESS

The administration of this ordinance focuses ,@on a plan of development
submission and review process which provides for the review of
development proposals requiring subdivision and/or site plan
submissions.

2-2-1 APPLICATION OF THE PLAN OF DEVELOPMENT PROCESS

a. For purposes of this ordinance, the following activities shall be
considered to be developments which shall adhere to the
requirements of this section:

(1) Land Disturbing Activity - Any land disturbing activity which
would disturb an area 2,500 square feet or greater in size.

(2) Subdivision - The division of land into two or more lots.

(3) Change in use - A material change in the type of use of a
structure or land, whether temporary or permanent, which
would tangibly af f ect the site I s natural environment, parking
requirements, transportation patterns, public health or
economic values.

(4) Construction, reconstruction or alteration - A building
operation involving construction, reconstruction or
alteration of the size of a structure which would result in
a tangible ef f ect on the site I a natural environment, parking
requirements, transportation patterns, public health or
economic values.

(5) Increase in land use intensity - A material increase in the
intensity Of land use, such as an increase in the number or
size of businesses, manufacturing establishments, offices or
dwelling units in a structure or on land, when such increase

Page 5

would tangibly af f ect the site s natural environment, parking
requirements, transportation patterns, public health or
economic values.

(6) Mining, f illing or dredging Commencement of any mining,
filling or dredging operation on a parcel of land.

(7) Change in effects of conditions - In connection with the use
of land, the making of any material change in noise levels,
vibration levels, lighting intensity, thermal conditions,
odors or emissions of waste material.

(8) Alteration of a shore, bank or floodplain - Material
alteration of a shore, bank, floodplain of a river, stream,
lake, other natural water body, or any area within the
Resource Protection Area (RPA).

(9) Reestablishment of an abandoned use - Reestablishment of a
use on land (excluding forestry and farming activities) or
in a structure which has been abandoned for one year or more
and which UBe, Bite and structure do not conform to this
ordinance.

b. The following activities shall not be considered development
requiring the submission of a plan of development to the Land Use
Administrator for review unless the activity is not permitted or
is restricted in any base or overlay zoning district. When
requested by an applicant in writing, the Land Use Administrator
will reply in writing formally confirming the exempt status of the
proposal.

(1) Minor Land Disturbing Activities - Minor land disturbing
activities such as home gardens and individual landscaping,
repairs and maintenance work.

(2) Service Connections - Individual service connections.

(3) Underground utilities - Inptallation, maintenance or repair
of any underground public utility lines when such activity
occurs on an existing hard surfaced road, Btreet or sidewalk,
provided the land-disturbing activity is confined to the area
of the road, street or sidewalk which is hard-surfaced.

(4) Agricultural Activities - Tilling, planting, or harvesting
of agricultural, horticultural, or forest crops or livestock
feedlot operations, including agricultural engineering
operations as follows: construction of terraces, terrace
outlets, check dams, desilting basins, dikes, ponds, ditches,
strip cropping, lister furrowing, contour cultivating,
contour furrowing, land drainage and land irrigation.

(5) Transfer of Title - A transfer of title to land not involving
the division of land into parcels.

(6) Leases and'Easements - The creation or termination of leases
and easements concerning development of land, or other
rights, except that no easement required by this chapter or
made a condition of plan of development approval may be
terminated without the approval of the County.

(7) Legal Exhibits and Documents - The recording of any documents
or platB/plans expressly for the purposes of reference or

Page 6

attachment to a publicly recorded document when such
recording does not result in subdivision of land into
parcels. Such recording may include, but is not limited to,
documents such as master deeds or covenants, or plats/plans
for mortgage or HUD filing purposes.

(8) Combination or Recommendation of Lots - The combination or
recombination of portions of previously platted lots where
the total number of lots is not increased, no new streets are
created, and the resultant lots do not in any way result in
a newly created or diminished state of compliance with the
requirements of this ordinance.

(9) Sale or gift of a single division of a lot or parcel to each
member of the immediate family of the property owner which
shall not be for the purpose of circumventing this Ordinance;
shall be subject to the minimum lot area, dimensional and
environmental requirements of this ordinance; shall not
result in the creation of new streets; and shall be surveyed
and then recorded in the Courthouse. For the purpose of this
section, a member of the immediate family is defined as any
person who is a natural or legally defined Offspring,
including spouse, parent, grandparent or grandchild of the
owner.

(10) The Bale or exchange of parcels between adjoining property
owners where such sale or exchange does not create additional
buildinglaites, Btreets, or a.1ot or parcel which does not
meet the minimum area and dimensional requirements of this
ordinance.

(11) The division of a tract of land in order that one or more of
the resulting parcels may be used as part of a well lot,
public utility right-of-way, or othei public or private
right-of-way other than a street, provided no additional
building lots or Btreets are created.

(12) The partition of lands by court order.

(13) Where a viable dwelling unit exists on a large tract of
property on or before August 10, 1989, a lot may be created
to include the dwelling unit provided the density Of the
resultant parcels Bhall not be greater than one dwelling unit
per acre. Such a lot must meet the area and dimensional
requirements of this ordinance. An existing legal right-of-
way will be sufficient to provide access to the lot as long
as the lot created is precluded from future subdivision by
deed restrictions and no new streets are created.

(14) Divisions of large tracts of property where the resultant
parcels Bhall be used for agricultural, forestal or other
undisturbed open space provided such parcels are served by
no newly created streets, but instead are served by a private
right-of-way with a minimum width of twenty-five (25) feet.
The plats and deeds for such parcels shall Bhow that the
parcels are not for residential or any other UBe except for
those uses stated above.

(15) Maintenance, Renewal, Improvement or Alteration - Work for
the maintenance, renewal, improvement or alteration of any
structure which involves no material change of use and is
confined to the interior in its entirety and exterior facade,

Page 7

excluding signs.

(16) Incidental Dwelling Uses - The use of any structure or land
devoted to single family dwelling uses for any purpose
customarily associated with the enjoyment of such dwelling.
(17) Home Occupations Within - Home occupations confined entirely
within a residential structure and clearly as a secondary
use, with no advertising of the home occupation allowed on
the site or on the structure, and no disruption to the normal
character of the neighborhood or area.

(18) Temporary Uses, Non-Material - Those activities Of short
duration or of a seasonal nature which do not materially
affect the site's natural environment, parking requirements,
transportation patterns, public health or economic values.

(19) Public Projects - The construction of any public street or
other public way, grounds, building, structures or public
utility which was approved by a public agency under separate,
comparable administrative procedures.

(20) The submission of a site plan for a detached dwelling unit
used solely for residential purposes and/or its accessory
buildings and uses on a lot, including customary accessory
buildings incidental to farms, shall not be necessary unless
required as part of one of the Rural Open Space and
Conservation (ROSCO) development options (Sections 3-10-5 to
3-10-9), or special use permit request, or if the proposed
land disturbing activity results in a land disturbance
exceeding 2,500 square feet in area, or if any encroachment
into or disturbance of a Resource Protection Area (RPA) is
proposed. All structures or land disturbing activities must
comply with the requirements of Sections 3-13, 3-14, and 3-
15.

2-2-2 PRE-APPLICATION CONFERENCE

An applicant or the applicant's authorized representative are strongly
urged to arrange a pre-application conference with the Land Use
Administrator. The purpose of the conference is to:

a. Acquaint the applicant with the substantive and procedural
requirements of this Ordinance.
b. Provide for an exchange of information regarding the proposal as
well as applicable elements of the comprehensive plan and pertinent
regulatory and submission requirements.

C. Advise the applicant of any known state or federal permits which
must be obtained.

d. Identify policies, regulations and site features that create
opportunities or pose significant constraints for the proposed
development.

e. obtain copies of all necessary application forms.

f. Order a Resource Inventory for Pre-Development Planning and Design
as provided for in Section 2-2-4.

2-2-3 DEVELOPMENT PERMIT APPLICATION

Page 8

An application for a development permit'shall consist of the following
materials in sufficient copies as determined by the Land Use
Administrator to permit an expeditious and comprehensive review.

a. A completed development permit application form, together with the
required fee, providing an explanation of intent, stating the
nature of the proposed request, pertinent background information,
and other information that may have a bearing on determining the
action to be taken.

b. Evidence that the property affected by the application is in the
exclusive ownership or control of the applicant or that the
applicant has the written consent of all partners in ownership of
the affected property.
C. A plan of development as required by Section 2-2-@.

d. Resource Inventory for Pre-Development Planning and Design (Section
2-2-4).

e. Additional information required by other sections of this ordinance
because of the type of development proposede the area involved, or
the impact associated with the request.

2-2-4 USE OF A RESOURCE INVENTORY FOR PRE-DEVELOPMENT PLANNING AND DESIGN REQUIRED
WITH EVERY APPLICATION FOR DEVELOPMENT

Unless waived in whole or in part as provided by Section 2-2-7, all
applications shall be accompanied by a 'Resource Inventory for Pre-
Development Planning and Design (Resource. Inventory). The Resource
Inventory. shall consist of a composite .inventory map of the site's
significant and sensitive natural and cultural resources. The decisions
rendered by Richmond County in consideration of applications for
development will be based in large part on the sensitivity of the
applicant's proposal as it relates to these significant and sensitive
features. Richmond County will look most favorably upon development
proposals which preserve, protect and accommodate resources through the
careful positioning and placement of land development activities away
from these resources.

This map will be generated by the Richmond County Resource Information
System, a computer database, and provided to prospective applicants upon
request and in return for payment of the prescribed fee. Prospective
applicants are encouraged to secure this information from the Land Use
Administrator at the Pre-Application Conference (Section 2-2-2) so it
can be used as a basis for the development of sketch plats/plans
(Section 2-2-8) and subsequent submittals. Resource factors included
in the Resource Inventory for Pre-Development Planning and Design are
tidal wetlands, tidal shores, connected and non-connected nontidal
wetlands, flood plains, steep slopes, highly erodible and permeable
soils, historic and archaeological sites, septic suitability, prime
agricultural lands, significant habitat areas, and significant
viewsheds. The Land Use Administrator /plan-approving authority may
require original fieldwork particularly as it relates to RPA delineation
if deemed necessary in order to ensure the highest level of accuracy.

2-2-5 SUBMISSION OF A COMPLETE DEVELOPMENT PERMIT APPLICATION

Application materials shall be submitted to the Land Use Administrator,
who shall indicate the date of submission on the application. Within

Page 9

ten (10) working days after the date of submission, the Land Use
Administrator shall determine whether an application is sufficiently
complete to be forwarded along the proper DMP. If the Land Use
Administrator determines that the application is incomplete or the
necessary attachments have not been submitted, he shall immediately
notify the applicant of this negative determination by mail or otherwise
convey an explanation to the applicant. An application for which a
negative determination has been made may be resubmitted (without charge
if the original fee submission was as required) after it is revised to
overcome the reasons for the negative determination. If a development
permit application is in conformance with the submission provisions of
this Ordinance, the Land Use Administrator shall accept it, deem it to
be complete, note the date of acceptance, assign an application number,
and initiate application processing in accordance with the appropriate
DMP.

2-2-6 DOCUMENTS TO BE SUBMITTED

a. The documents to be submitted are intended to provide the plan-
approving authority with sufficient information and data to ensure
that the proposed development meets the zoning, and design and
improvement standards contained in this Ordinance. The documents
to be submitted will vary depending upon the nature of the
development request and the approvals required to be obtained. The
documents and details to be submitted are indicated within Exhibit
4.

b. Submission of a Community Impact Analysis

The potential impact of certain development proposals on the County,
as well as any development in close proximity to naturally or
culturally significant areas, may require a more detailed level of
scrutiny on the part of the plan-approving authority. If it is deemed
that a project may be of potential negative impact which would
compromise the integrity of the Comprehensive Plan, or be inconsistent
with the purposes of this Ordinance as stated in Section 1-3 or with
the overall spirit of this Ordinance,t the plan-approving authority may
require the submission of a Community Impact Analysis. The precise
content of a Community Impact Analysis will be made specific by the
plan-approving authority in response to the specific concerns it has
with the development proposal. However, the scope of issues which the
plan-approving authority could request the applicant to address
include, but are not limited to:

- Archaeological and Historic Surveys
Cultural and Natural Resource Impact Studies
- Fiscal Impact Analysis
- Governmental Services Impact Analysis
Groundwater Studies
- Residential and Commercial Market Studies defining capacity for
growth and the impact of the proposal on existing markets
- Traffic Impact Analysis
Utility Analysis

2-2-7 WAIVER OF SUBMISSION REQUIREMENTS

The Land Use Administrator may waive all or some of the submission
requirements for those applications within DMP-a if he has determined
that a complete and thorough review of the application can be
accomplished without submittal data which is absent. The Land Use

Page 10

Administrator shall document the reasons for waiving submission
requirements.

The plan-approving authorities within DMP-b to DMP-e will make the final
determination if a waiver from submittal requirements is warranted. The
fact that the Land Use Administrator may label an application within
DMP-b to DMP-e as complete for processing does not preclude the
approving entity from requesting the submission of clarifying
information or additional data.

2-2-8 SUBMISSION OF SKETCH PLATS AND SKETCH PLANS

A conceptual sketch of the proposed subdivision or site plan is not
required but is strongly recommended as an option which may help
expedite the review of an application. The submission of a conceptual
sketch affords the applicant the opportunity to discuss the proposal in
its formative stages and receive the advice of the Land Use
Administrator relative to procedural requirements and applicable
ordinance provisions. The applicant shall submit two (2) copies of the
sketch along with a completed application form. The conceptual Bketch
should contain sufficient information accurately depicted in order to
permit the Land Use Administrator to responsively and responsibly be of
assistance. The Land Use Administrator shall return a marked up copy
of the sketch plat/plan to the applicant depicting any comments and
recommendations. The second copy and accompanying application form will
be retained for filing.

2-2-9 SIMULTANEOUS REVIEW OF PLATS AND PLANS AND OTHER REQUESTS

a. Where a proposed subdivision is a part of a development for which
site'plan approval is required, the subdivision plat/plan and the
site plan will be reviewed at the same time as nearly as Possible
under the requirements of these regulations.

b. With the approval of the plan-approving agent, applications for
preliminary and final approval may be combined into a single
submission requesting final approval.

C. Plato and plans may be approved conditionally pending receipt of
other approvals such as variance relief, wetlands permits, special
use permits, etc.

2-2-10 SUBMISSION OF A MINOR SUBDIVISION/SITE PLAN

a. Any applicant requesting approval of a proposed minor subdivision
(creation of two additional lots or less, no new roads) and/or
minor site plan (activities and uses associated with an individual
single family home) shall submit five (5) copies of the Plan
required by this ordinance along with a completed application form
and the prescribed fee to the Land Use Administrator.

b. The application will be declared completed or incomplete within ten
(10) days.

C. Final action will be taken by the Land Use Administrator within
thirty (30) days if no public hearings are required for
simultaneous wetlands applications, waivers, variance requests,
etc.

Page 11

2-2-11 SUBMISSION OF A MAJOR SUBDIVISION/SITE PLAN

All major subdivisions and site plans shall be processed as specified
below.

2-2-11a GENERAL DEVELOPMENT PLAN

Applicants of major site plans exceeding 10 acres (as measured by the
limits of development) or major subdivisions of 50 or more proposed lots
shall have the option of dividing preliminary approval into two parts:
Phase one - General Development Plan, and Phase Two - Preliminary
Approval. This will enable the applicant to present large scale plans
with a description, but not full engineering details as part of Phase
One. With conditional Phase One approval, the applicant can proceed
with a higher level of confidence to Phase Two during which significant
engineering expenses are generally incurred.

Fifteen (15) Bets of all required submission materials shall be
submitted to the Land UBe Administrator for distribution to the Planning
Commission. The procedures of DMP-b will be utilized.

Page 12

It may be necessary for additional Bets of original or revised materials
to be Bubmitted to facilitate agency reviews and for the use of the
Board after the Planning Commission has forwarded their recommendation
to the Board for final action.

2- 2-11b ADMINISTRATIVE MAJOR SUBDIVISION/SITE PLAN APPROVAL

Major subdivisions resulting in the creation of less than 50 lots and/or
site plans on areas of less than 10 acres (as measured by the limits of
development) may be approved by the Land Use Administrator in accordance
with the procedures of DMP-a. At his option, the Land Use Administrator
may refer the application to the Planning Commission for review and
comment and/or to the Board of Supervisors for preliminary approval in
accordance with the procedures of DMP-c. The Board, at its option, may
elect to process such a request in accordance with DMP-b.

Five (5) complete sets of submittal materials shall be submitted for
processing in accordance with DMP-a. If DMP-b or DMP-c is utilized,
fifteen (15) complete sets shall be submitted.

Final approval Bhall be contingent upon the acceptance of any required
performance and maintenance guarantees as per Section 2-6 of this
ordinance.

2-2-11c MAJOR SUBDIVISION/SITE PLANS APPROVAL BY THE BOARD OF SUPERVISORS
Major preliminary Bubdivisions resulting in the creation of 50 lots or
more, and Bite plans on areas 10 acres or greater in size (as measured
by the limits of development) Bhall be processed in accordance with
DMP-b.

Major final plat/plan approval shall be processed in accordance with
DMP-c. Final approval shall be contingent upon the acceptance of any
required performance and maintenance bonds as per Section 2-6 of this
ordinance.

2-2-11d EFFECT OF GENERAL DEVELOPMENT PLAN/PRELIMINARY SUBDIVISION/SITE PLAN
APPROVAL

(1) The applicant shall have not more than twelve (12) months after
receiving official notification concerning tentative approval of
a general development plan to submit an application for Phase Two - I
preliminary approval. Failure to do so shall make the general
development plan approval mull and void. The Land Use
Administrator may grant an extensions of this time limit for a
total of no more than one (1) year if requested to do so in
writing, provided sufficient justification is given by the
applicant.

(2) The applicant shall have not more than six (6) months after
receiving official notification concerning approval of a
preliminary plat/plan to submit an application for final plat/plan
approval. Failure to do so shall make preliminary approval null
and void. The Land Use Administrator may grant an extension of
this time limit for a total of not more than one (1) year if
requested in writing, provided sufficient justification is given
by the applicant. Remaining sections of a phased development plan
shall not become null and void as long as final plats/plans are
submitted for approval with no lapse exceeding three (3) years in

Page 13

time between the submittal of final sections.

2-2-1le EFFECT OF FINAL APPROVAL OF SUBDIVISIONS AND SITE PLANS

(1) A single black line print and a film positive of an approved major
final site plan shall be submitted to the Land Use Administrator
for filing. An approved final site plan shall be null and void
if, in the opinion of the Land Use Administrator, no significant
work is done or development is made on the site within twelve (12)
months after the date of major or minor site plan approval. A
single one year extension upon written request of the applicant
with sufficient justification may be granted by the Land Use
Administrator.

(2) Five black line prints of an approved final subdivision plat shall
be submitted to the Land Use Administrator for signatures. When
a final subdivision plat has been approved, executed and
acknowledged in accordance with the provisions of this article, it
shall be recorded in the office of the Clerk of Circuit Court of
Richmond County within six (6) months after final approval. No
final plat of a subdivision shall be recorded unless and until it
has been submitted to and approved by the County; and no Clerk or
Deputy Clerk of the Circuit Court of the County shall file or
record a subdivision plat until the plat has been approved by the
County and unless the plat is submitted for recordation within six
(6) months of the date of final approval by the County. Unless the
approved plat is filed for recordation within six (6) months after
final approval, such approval shall be withdrawn and the plat
marked void and returned to the applicant.

2-2-12 ADJUSTMENTS TO APPROVED SITE PLANS

After a site plan has been approved, minor adjustments to the site plan,
which comply with the spirit of this Ordinance and with the general
purpose of the Comprehensive Plan for development of the area, may be
approved by the Land Use Administratof with notice of the change given
to the original plan-approving authorities. Deviation from an approved
site plan without the written approval of the Land Use Administrator
shall void the plan and the applicant shall be required to resubmit a
new site plan for consideration.

Any major revision of an approved site plan may be made in the same
manner as originally approved and any requirements of this Ordinance may
be waived by the Land Use Administrator in specific cases where such
requirement is found to be unreasonable and where such waiver will not
be adverse to the purpose Of this Ordinance.

2-2-13 ADJUSTMENTS TO APPROVED SUBDIVISION PLATS

No change, erasure or revision shall be made on any preliminary or final
plat, nor on accompanying data sheets after approval of the County has
been endorsed in writing on the plat unless authorization for such
changes have been granted in writing by the Land Use Administrator.

2-2-14 WETLAND PERMITS REQUIRED BEFORE FINAL APPROVAL

Page 14

No final approval will be granted until evidence of approvals for all
wetland permits required by law are submitted to the Land Use
Administrator.

2-3 PUBLIC NOTICE REQUIREMENTS

Prior to a public hearing as required by DMP-b, DMP-d and DMP-e, notice
as required by this section shall be given. No final decision shall be
rendered on an application requiring a public notice until notice is
given. Notice of pending applications need not be advertised in full,
but may be advertised by reference, provided that the place where a copy
of the application or proposal may be viewed shall be included in the
notice.

a. Notice shall be published once a week for two successive weeks (at
least six days apart) in a newspaper having general circulation in
the County. Notice shall specify the time and place of the public
hearing, which shall be held not less than six days nor more than
twenty-one days after the second advertisement shall have appeared.
The Land Use Administrator, or his designee, will arrange for the
publication of the newspaper notice.

b. When notice is required by this Ordinance, written notice shall be
sent by the Land Use Administrator, or his designee, in accordance
with 15.1-431 of the Code of Virginia.

C. Notice shall also be provided by the Posting of at least one sign
on the property in question by the Land Use Administrator, or his
designee, at least 15 days prior to the date of the public hearing.
Additional signs shall be required,for properties with more than
one road frontage. Signs shall be posted in the following manner:

(1) All signs shall be posted so as to assure the greatest public
visibility practical.

(2) Signs shall be posted adjacent to the street right-of-way
abutting the site, no more than ten (10) feet from the edge
of said right-of-way. If more than one street abuts the
site, at least one sign shall be posted along each abutting
street. If no street abuts the site, at least one sign shall
be posted along the closest public street, with a note added
to locate the property in direction and distance from the
sign.

(3) Signs shall be maintained in good condition until the public
hearing, and shall be replaced if damaged or removed as soon
as practical. It shall be a violation of this Ordinance to
damage or remove a public notice sign erected under these
provisions, and each sign shall carry a warning to this
effect.

d. The Land Use Administrator, or his designee who has performed
notice as prescribed above, shall make affidavit to such and file
it with the papers in the case.

2-4 APPEALS OF DECISIONS RENDERED

2-4-1 APPEALS OF ADMINISTRATIVE DECISIONS

Page 15

a. Any person aggrieved, or any entity of government affected by an
order, requirement, decision or determination made by the Land Use
Administrator in the administration or enforcement of the
provisions of this ordinance may file an appeal.

If the Land Use Administrator's action was in the administration and
enforcement of Article 3 of this ordinance, the appeal shall be heard
by the Board of Zoning Appeals. This appellant process (DMP-d)
requires a public hearing with notice provided in accordance with
Section 2-4.

If the Land Use Administrator's action was in the administration and
enforcement of any other section of this ordinance, the appeal shall
be heard by the Board of Supervisors. No public hearing is required.

b. Appeals Must be filed within thirty (30) days of the date of the
decision by filing with the Land Use Administrator and the hearing
board, a notice of appeal specifying the grounds for appeal. The
Land Use Administrator shall transmit all the papers constituting
the record upon which the action appealed from was taken to the
hearing board. An appeal shall stay all proceedings in furtherance
of the appealed action unless the Land Use Administrator certifies
to the hearing board that by reason of the f acts stated in his
certificate, a stay would in his opinion cause imminent peril to
life or property. In this case, proceedings shall not be stayed
otherwise than by a. restraining order granted by the hearing board
or by a court of record, on application and on notice to the Land
Use Administrator and for good cause shown.

2-4-2 APPEALS OF DECISIONS MADE BY THE BOARD OF SUPERVISORS, BOARD OF ZONING APPEALS
AND THE WETLANDS BOARD

Every action contesting a decision of the Board of Supervisors, and the
Board of Zoning Appeals shall be filed within thirty (30) days of such
decision with the Clerk of Circuit Court of Richmond County. Appeals
of the decisions of the Wetlands may be made as provided by Section
62.1-13.5 et. seq...of the Code of Virginia.

2-5 AMENDMENTS

2-5-1 INITIATING AN AMENDMENT

a. Whenever the public necessity, convenience, general welfare or good
zoning practice require, the Board of Supervisors may by ordinance
amend, supplement, or change the regulations, district boundaries,
?r classifications of property. Any such amendment may be
initiated:

(1) By resolution of the Board;

(2) By motion of the Planning commission; or

(3) By submission of an application to the Land Use Administrator
by the owner, contract purchaser with the owner's written
consent, or the owner's agent for the property which is the
subject of the proposed amendment.

b. If an application for an amendment has been denied by the Board,
substantially the same petition shall not be reconsidered within
three hundred sixty-five (365) days of the denial. This provision

Page 16

shall not impair the right of either the Planning Commission or the
Board to propose any amendment to this ordinance on their own
motion at any time.

2-5-2 PROCESSING AN AMENDMENT REQUEST

Amendments shall be processed in accordance with DMP-b as described in
Section 2-1-2b.

2-6 PERFORMANCE AND MAINTENANCE GUARANTEES REQUIRED BEFORE FINAL APPROVALS

1. Prior to receipt of a final approval for any development activity
or as a condition thereof, all improvements required by this
ordinance shall be completed, or provisions made for their
completion, in accordance with one of the following methods:

a. Installation and completion by and at the expense of the developer;

b. The furnishing by the developer of the Land Use Administrator of
a certified check or a personal, corporate or property bond with
case escrow or other method of performance guarantee approved by
the County Attorney. This guarantee should be sufficient to cover
the cost of all improvements required to be installed by the
developer as estimated by the Land Use Administrator; or
c. The furnishingIby the developer to the Land Use Administrator of
evidence of the existence of agreements between the developer and
qualified contractors for the installation and completion of the
improvements and the contractors' performance guarantees for the
benefit of the County and the developer, and satisfactory to the
County Attorney, in an amount sufficient to cover the cost of all
the improvements required to be installed by the developer as
estimated by the Land Use Administrator.

2. In the event that the developer elects to proceed by methods b. or
c. as outlined in Section 2-6-1 above, the developer shall set a
time, subject to the approval of the Land Use Administrator, by
which it is estimated the improvements will be installed and the
work in its entirety completed. Unless an extension of that time
is approved by the Land Use Administrator and a new estimated date
of accomplishment and completion of the improvements is
established, the County, at its discretion, may make use of the
performance guarantee.

3. Upon the completion of the installation of all improvements, the
develop shall furnish a statement prepared by a certified surveyor
or engineer, to the effect that all construction is in substantial
conformity to the regulations and requirements of this ordinance,
and the plans as approved by the County. If this submittal is
approved by the County, the bond, escrow or other guarantee of
completion shall be released within thirty (30) days of receipt of
written notice form the developer to the Land Use Administrator,
unless such developer is notified in writing by the Land Use
Administrator of a delay in such release and the reasons therefore.
The County may retain up to 25 percent of the bond or other
obligation for use in repair of improvements as may be necessary
within one year of completion.

4. Any bond, escrow or guarantee posted in lieu of payment may be
released in part as construction progresses if approved as

Page 17

partially completed by the Land Use Administrator when do so in
accordance with a predetermined release schedule.

5. In the event the developer has, in the opinion of the Land Use
Administrator, just cause for not completing the improvements in
the entire development where a satisfactory performance guarantee
has been posted, the Land Use Administrator may release the
developer from hie obligation to complete all of the improvements
in the development provided the developer furnishes a statement by
a licensed surveyor or engineer to the effect that all construction
which has been completed, conforms to the regulations and
requirements of this Ordinance and the plans as approved by the
County.

2-7 CERTIFICATE OF COMPLIANCE, BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY

2-7-1 DEVELOPMENT PERMITS

a. Certificate of Compliance

The Land Use Administrator will issue a Certificate of Compliance for
those proposals which have obtained all necessary approvals and permits
and comply with this Ordinance before any building permits,
manufactured home placement permits, and certificates of occupancy are
issued by the Building official. certificates of Compliance will also
be issued for all land disturbing activites, as defined.

b. Building Permits

A building permit shall be required before any building or other
structure may be erected, altered, converted, reconstructed, relocated,
extended or enlarged. When issued by the Building Official, such
permit shall be valid for not more than six (6) months, unless
otherwise provided.

C. Manufactured'Home - Placement Permit

No manufactured home shall be placed for occupancy without the issuance
of a placement permit from the Building official.

d. Existing Permits

No building permit lawfully issued prior to the effective date of this
Ordinance, and in full force and effect at said date, shall be
invalidated by the passage of this Ordinance, or any amendment, but
shall remain a valid permit, subject only to its own terms and
provisions and Ordinances, rules, and regulations pertaining thereto,
and in effect at the time of the issuance of such permit. However, all
such permits shall expire not later than six (6) months from the
effective date of this Ordinance, unless actual construction shall have
begun and continued pursuant to the terms of the permit.

e. Plans to Accompany Applications for Permits

All applications for a development permit shall be accompanied by an
approved plan resulting from a positive determination associated with
its processing in accordance with Section 2-2 of this Ordinance. The
Land Use Administrator may waive this requirement for an approved plan
of development in whole or in part when such plan would be clearly
unnecessary to a decision relative to the issuance of a development

Page 18

permit or a certificate of occupancy.

2-7-2 CERTIFICATES OF OCCUPANCY

a. No vacant land shall be occupied or used, except for agricultural
uses associated with the operation of a farm, until a certificate
.of occupancy shall have been issued by the Building Official.

b. No building or other structure shall be used, occupied, or changed
in use, until a certificate of occupancy has been issued by the
Building official, stating that the building or other structure or
proposed use of a building or other structure complies with the
building code and the provisions of this ordinance.

C. A certificate of occupancy shall be applied for along with the
application for a building permit and shall be issued within 10
days after the erection or structural alteration of such buildings
or other structures when completed in accordance with the
provisions of this ordinance.

d. A certificate of occupancy may be issued for a part of a building
or other structure or development or section thereof if completed
in accordance with the provisions of this ordinance and the
building code even though the entire building or other structure
or development or section thereof has not been completed. The
Building Off@cDal must find however that such occupancy is
consistent with the public health, safety and welfare.

e. The Building Official may issue a temporary and contingent.
certificate of occupancy for a period not to exceed six (6) months
where, because of the unusual nature of the uses, a trial period
of operation is, in the Land Use Administrator's opinion, the most
appropriate way to determine actual compliance with the provisions
of this Ordinance.

f. The Land Use Administrator may require the applicant to post a
performance guarantee as provided by Section 2-6 sufficient to
guarantee the completion, by a specific time, of site improvements
related to the buildings and structures for which a certificate is
sought.

2-8 APPLICATION FEES AND ESCROW SCHEDULE

Application fees as determined by the Board of Supervisors are to cover
the administrative costs incurred by the County in processing
applications and are non-refundable. After an application is submitted
to the Land Use Administrator, the applicant may be required to execute
an escrow agreement with the County. The escrow accounts are to pay all
necessary and reasonable costs incurred by the County for the
professional review of an application by an Engineer, Planning
Consultant, Attorney, and other professionals retained by the County to
review and make recommendations on an application for development. The
amounts specified for escrow are estimates which shall be paid prior to
certification of a complete application. If the amounts Posted are more
than those required, the excess funds shall be returned to the applicant
within fourteen (14) days of the issuance of a certificate of occupancy
for the project. In the event that more than the amounts specified for
escrow are required to pay the reasonable costs incurred, the applicant
shall pay all additional sums required prior to being permitted to take

Page 19

the next step in the approval procedure, or in any event, prior to
obtaining certificates of occupancy for any element of the project. The
Land Use Administrator shall determine whether there are sufficient
amounts in the escrow fund to pay pending bills. If there are
insufficient funds in escrow, the Land use Administrator will notify the
applicant of the amounts needed. In addition to these terms, the escrow
agreement may include any additional terms which are agreed to by the
applicant and the Land Use Administrator. The Land Use Administrator
shall maintain an itemized account for each application and shall, upon
the request of the applicant, supply a copy of said request. All
charges against any escrow account shall be made by purchase order and
voucher and shall be approved by the County Administrator.

2-9 VIOLATIONS, ENFORCEMENT AND PENALTIES

2-9-1 VIOLATIONS

a. In case any lot, building or other structure is erected,
constructed, altered, repaired, converted, or used in violation of
this Ordinance, the Land Use Administrator shall serve notice on
the person committing or permitting the violation. If the
violation has not ceased within a reasonable time specified by the
Land Use Administrator, action appropriate to terminate the
violation shall be taken.

b. Where there is reasonable cause to believe that violation of this
Ordinance has occurred, the Land Use Administrator or his
authorized representative may enter the premises for the purpose
of inspection. Where permission to enter Is withheld, the Land Use
Administrator shall seek a court order from the General District
Court of Richmond County. A search warrant from a magistrate of
the jurisdiction may be issued to facilitate inspection.

2-9-2 ENFORCEMENT

The Land Use Adminis trator shall be vested with all necessary authority
on behalf of the County to administer qnd enforce this Ordinance and any
approvals including'conditions attachbd to a rezoning or amendment to
a zoning map such as:

a. The order in writing of the remedy of any noncompliance with such
conditions;

b. The bringing of legal action to ensure compliance with such
conditions including injunction, abatement or other appropriate
action or proceeding; and

C. Requiring the submittal of performance and maintenance guarantees
as specified in Section 2-8.

d. After having served a notice of violation on any person committing
or permitting an infraction of the Ordinance provisions specified
in Section 2-9-3b(3) and if this violation has not ceased within
the reasonable time specified in the notice, then upon the approval
of the County Attorney, the Land Use Administrator shall cause two
(2) copies of a summons to be served to the person, either by
certified mail, return receipt requested, or by posting on the
front door of the abode of such person.

The summons shall contain the following information:

Page 20

The name and address of the person charged.

The nature of the infraction and the ordinance provision(s) being
violated.

The location, date and time that the infraction occurred or was
observed.

The amount of the civil penalty assessed for the infraction.

The manner, location and time in which the civil penalty may be
paid to the County.

The right of the recipient of the summons to elect to stand trial
for the infraction and the date for such trial.

The summons shall provide that any person summoned for a violatio n may
elect to pay the civil penalty by making an appearance in person or in
writing by mail to the County Treasurer at least seventy-two (72) hours
prior to the time and date fixed for trial and, by such appearance, may
enter a waiver of trial, admit liability, and pay the civil penalty
established for the offense charged. Such summons shall provide that
a signature to an admission of liability shall have the same force and
effect as a judgment of court, however, an admission shall not be
deemed a criminal conviction for any purpose.

2-9-3 PENALTIES I I

The owner or any person acting for the owner who assists in the
violation of this ordinance, shall each, be guilty of a separate offense
and upon conviction, punished as provided below.

a. Any'violation of the provisions of this ordinance, other than those
specified in Section 2-9-3b below, shall be deemed a misdemeanor
and shall be punishable by a f ine of not less than ten dollars
($10.00) nor more than one thousand dollars ($1,000.00). Each day
such violation exists shall constitute a separate offense.

b. Infractions and Civil Penalties

(1) A violation of Ordinance provisions identified in Section 2-
9-3b(3) shall be deemed an infraction and shall be punishable
by a civil penalty consisting of a fine of $100.00. Each day
such violation exists shall constitute a separate offense.
However, in no event shall violations arising from the same
set of facts be charged more frequently than once in any ten-
day period, and in no event shall a series of violations
arising from the same set of facts result in civil penalties
which exceed a total of $3,000.00.

(2) Violations pursuant to Section 2-9-3b shall be in lieu of
criminal penalties unless the violation resulted in injury
to any person or persons, in which case the Land Use
Administrator may seek prosecution of a violation as a
criminal misdemeanor as provided for by Section 2-9-3a. If
a person charged with a violation does not elect to enter a
waiver of trial and admit liability, the violation shall be
tried in the General District Court in the same manner and
with the same right of appeal as provided by law. A finding
of liability shall not be deemed a criminal conviction for
any purpose. The remedies provided for in this section shall
be in addition to any other remedies provided by law.

Page 21

(3) Violation of the following provisions of this ordinance shall
be deemed an infraction punishable by civil penalties.

(a) Section 3-16-3a(l) relating to satellite dish placement.

(b) Sections 3-16-3a(11) and 3-16-3b(l) relating to the placement
and nature of fences and walls.

(d) Section 3-16-3a(16) relating to the keeping of farm and non-
domesticated animals In certain specified areas of the ROSCO
district.

(e) Section 3-16-3c relating to the locational requirements for
accessory uses.

(f) Section 3-16-4 relating to home occupations.

(9) Section 4-3-13 relating to maintenance of site triangles.

(h) Section 4-9 only as it relates to the posting and maintenance
of signs on private property.

(I) Section 4-10 relating to the provision of adequate lighting.

No ordinance provision to which Section 2-9-3b(3) relates shall
allow the imposition of civil penalties for the enforcement of the
Uniform Statewide Building code, land development activities
relating to the construction or repair of buildings and structures,
erosion and sediment control as provided in Section 4-8 and the
provisions of the Waterfront Management (W@kTER) Overlay District
as provided in Section 3-14.

Page 22

ARTICLE 3
ZONING

This Article of the Land Management ordinance divides the County into base and overlay
zoning districts which facilitate the management of the use, placement, and spacing
and size of land and buildings during the land development process while at the same
time, balancing this development against regulations providing for the protection of
significant and sensitive natural and cultural resources.

3-1 ZONING DISTRICTS

3-1-1 ESTABLISHMENT

The unincorporated areas of Richmond county are divided into the
following base and overlay districts:

Section Base Zoning Districts Base District Designations

3-10 Rural Open Space and
Conservation 11ROSCO11
3-11, Rural Business and
Commercial "SHOPPING"
3-12 Rural Workplace 1 "WORK-1

Section Overlay Zoning Districts overlay District Designations

3-13 Historic and Scenic "HISTORIC RICHMOND"
3-14 Waterfront Management "WATER"
3-15 Affordable Housing "AFFORDABLE"

3-1-2 APPLICABILITY OF ZONING DISTRICTS; EFFECT OF OVERLAY ZONING DISTRICTS

All lands existing within the County are situated within a base zoning
district and are shown on the official Zoning Map and as listed above,
and as described within Article 3, and shall be subject to applicable
provisions of that district. In addition, certain lands may be situated
within one or more of the overlay zoning districts listed above and as
described within this Article, and shall also be subject to applicable
provisions of the overlay district(s) where a certain property may be
so situated that it lies within both a base zoning district and one or
more overlay zoning districts, the regulations and standards of both the
base and overlay zoning diBtrict(S) shall be applicable to the
development and use of such property. Where specific regulations or
standards regarding a property so situated may conflict, the more
restrictive regulation or standard shall be applicable.

3-2 OFFICIAL ZONING MAP

3-2-1 OFFICIAL ZONING MAP OF RICHMOND COUNTY, VIRGINIA

The unincorporated areas of Richmond County are divided into districts
depicted on a set of maps entitled "Zoning Map of Richmond County,
Virginia" which, together with all explanatory matter thereon, is hereby

Page 23

adopted by reference and declared to be a part of this.Ordinance.

The official zoning map shall be identified by the signature or the
attested signature of the Chairman of the Board of Supervisors, together
with the date of adoption of this ordinance. Regardless of the
existence of purported copies of the official zoning map which may from
time to time be made or published, the official zoning map, which shall
be located in the office of the Land Use Administrator, shall be the
final authority as to the current zoning status of land and water areas,
buildings and other structures in Richmond County.

3-2-2 AMENDMENTS TO THE OFFICIAL ZONING MAP

Whenever any amendment is made to the zoning map by action of the Board
of Supervisors, such change shall be incorporated onto the zoning map
at a time and in the manner as the Board of Supervisors may prescribe.
Said changes shall be validated with reference to correct notation by
the Land use Administrator, who shall affix his signature thereto,
thereby certifying that approved amendments to the zoning map have been
correctly incorporated. The date of official action and nature of the
change shall be entered on the map. Any such change shall have the
affect of law 12:01 a.m., on the day following its legal adoption or on
its effective date, if officially established as other than on the day
following its legal adoption, whether or not it has been shown on the
zoning map.

3-2-3 UNAUTHORIZED CHANGES

No changes of any nature shall be made to the zoning map or any matter
shown thereon except in conformity with the procedures and requirements
of this ordinance. It shall be unlawful for any person to make
unauthorized changes on the zoning map.

3-3 INTERPRETATION OF DISTRICT BOUNDARIES
In construing the'official zoning mapt the following rule shall apply:

3-3-1 CENTER LINES AS BOUNDARIES

Where district boundaries appear to follow mapped center lines of
streets, alleys, easements, waterways and the like, they shall be
construed as following such center lines as exist on the ground except
where the variation of actual location would change the zoning status
of a lot or parcel or portion thereof, in which case the boundary shall
be interpreted in such a manner as to avoid changing the zoning of any
lot or parcel or portion thereof. In case of closure of a street or
alley, or vacation of an easement, the boundary shall be construed as
remaining at its location unless ownership of the closure or vacation
area is divided other than at the center, in which case the boundary
shall be construed as moving to correspond with the ownership, but not
beyond any previous right of way or easement line. In the case of
movement of any waterway, the boundary shall be construed as remaining
at its location.

3-3-2 PROPERTY OR OTHER EDGE LINES AS BOUNDARIES

Where district boundaries appear to follow street, lot, property or

Page 24

other edge lines, they shall be construed as following such lines.

3-3-3 BOUNDARIES OTHER THAN AS ABOVE

District boundaries which appear parallel or perpendicular to, or as
extensions of or connecting center lines, edge lines, or other features
shown on the map shall be so construed.

3-3-4 BOUNDARIES EXTENDING INTO WATER

Where the full course of boundaries extending into bodies of water is
not shown, such boundaries shall be construed as continuing in a
straight line to intersect with other zoning boundaries or to
jurisdictional limits if no such intersection with a zoning boundary
occurs first.

3-3-5 DIMENSIONS

Where dimensions are not otherwise indicated on the zoning map, the
scale of the map shall govern.

3-3-6 UNCLASSIFIED AREAS

Where areas appear to be unclassified on the zoning map, and
classification cannot be established by rules set forth herein, such
areas shall be considered to be classified as within the Rural open
Space and Conservation Zoning District (ROSCO) until amending action is
taken.

3-3-7 INTERPRETATION IN CASES OF UNCERTAINTY

Where application of the rules set forth above fails to establish the
location of boundaries with sufficient accuracy for the purposes of
these regulations, the Land Use Administrator shall determine the
location, provided that no such interpretation shall be such as to
divide a lot which was previously and apparently undivided by a district
boundary.

3-3-8 JURISDICTIONAL BOUNDARY CHANGES

Where territory is removed from the jurisdictional area of the County,
the outbound zoning boundaries of the County shall be considered to have
moved with jurisdictional area boundary.

3-4 APPLICATION OF REGULATIONS

The regulations set by this Article within each district shall be
minimum or maximum limitations as appropriate to the case and shall
apply uniformly to each class or kind of structure or land, except as
hereinafter provided:

3-4-1 USE, OCCUPANCY AND CONSTRUCTION

No building, structure, or land shall hereafter be used or occupied, and

Page 25

no building or structure or part thereof shall hereafter be constructed
except in conformity with all of the regulations herein as specified for
the district in which it is located. No variance shall be granted by
the Zoning Board of Appeals with regard to use and density provisions.
Any modification of the use and density provisions may be accomplished
only through a rezoning of the property in question or an amendment to
this Article; both of which are approved by the Board of Supervisors,
or by the granting of a density bonus as provided by Section
3-18.

3-4-2 COMPLIANCE WITH HEIGHT, BULK AND LOT COVERAGE PROVISIONS

No building or other structure shall hereafter be erected or altered to
exceed the height, bulk or coverage requirements of this Article.

3-4-3 REQUIRED YARD FOR ONE STRUCTURE, OR USE, NOT TO BE USED TO MEET REQUIREMENTS
FOR ANOTHER

No part of a yard, required in connection with any building for the
purpose of complying with this Ordinance, shall be included as part of
a yard similarly required for any other building.

3-4-4 REDUCTION OF LOTS OR LOT AREA BELOW THE MINIMUM PROHIBITED

No lot or lot area existing at the time this Ordinance becomes effective
shall be reduced in dimension or area below the minimum requirements set
forth herein. Lots created after the effective date of this Ordinance
shall meet at least the minimum requirements established by this
Ordinance.

3-4-5 REDUCTION OF YARDS BELOW THE MINIMUM PROHIBITED

No yard existing-at the time this Ordinance becomes effective shall be
reduced in dimension below the minimum requirements set forth herein.
Yards created after the effective datq of this Ordinance shall meet at
least the minimum requirements established by this Ordinance.

3-5 BOARD OF ZONING,.APPEALS (BZA)

3-5-1 MEMBERSHIP

a. Composition

A Board of Zoning Appeals (BZA) shall consist of five (5) members who
are residents of the County, and shall be appointed by the Circuit
Court of the County. The BZA shall serve without pay other than for
usual expenses associated with membership. Members shall be removable
for cause upon written charges and after a public hearing.
Appointments for vacancies occurring otherwise than by expiration of
term shall in all cases be for the unexpired term.

b. Term of office '

The term of office shall be for five years; except that the first term
of the fourth and fifth members appointed shall be for a term of four
years and three years respectively. One of the five members shall be
an active member of the County Planning Commission. Vacancies

Page 26

occurring in the BZA shall be filled for the unexpired term only.

C. Disqualification

BZA members shall disqualify themselves from participating in any way
upon a matter before the Board in which their financial interests or
those of their immediate family are directly involved.

d. officers

The BZA shall elect annually its own chair and vice-chair who shall act
in the absence of the chair. Through its chair, the BZA may administer
oaths and.compel the attendance of witnesses.

3-5-2 POWERS

Pursuant to the authority granted by the Code of Virginia, Chapter 11,
Article 8, Section 15.1-494 and the processing path described in section
2-1-2d of this Ordinance, the BZA shall have the following powers:

a. Hear and Decide Appeals

The BZA shall hear and decide appeals from any order, requirement,
decision, interpretation, or determination made by an administrative
officer in the-'administration or enforcement of this Article (except
Section 11-14-4 pjAaining to tidal wetland modification activities
which ar; administered by the Wetlands Board).

b. Grant Variances

The BZA shall authorize upon appeal and application in specific cases
such variances from the terms of this Article as will not be contrary
to the public interest, when owing to special conditions, a literal
enforcement of the provisions of this Article will result in
unnecessary hardship; provided, that the spirit of this Ordinance shall
be observed and substantial justice done in accordance with the
provisions of this Article.

C. Other Powers

The BZA shall hear and decide all other matters referred to and upon
which it is required to pass as provided by the provisions of this
Article.

3-5-3 DUTIES

The BZA shall perform the following duties as are necessary to ensure
the proper, accurate and timely disposition of all matters brought
before it.
a. Institute Operational Procedures

The BZA shall institute operational procedures in order to:

(1) Make, alter and rescind rules and forms for its procedures,
consistent with the ordinances of this County and the general
laws of the Commonwealth.

(2) Prescribe procedures for the conduct of public hearings that
it is required to hold.

Page 27

(3) Keep minutes of its proceedings showing the vote of each
member upon each question, or if absent or failing to vote,
indicating such fact. The BZA shall keep records of its
examinations and other official actions, all of which shall
be immediately filed in the office of the Land Use
Administrator and shall become public records.

b. other

The BZA shall:

(1) Employ or contract for secretaries, clerks, legal counsel,
consultants, and other technical and clerical support
services as deemed necessary and within the limits of funds
appropriated by the Board of Supervisors.

(2) Perform any additional activities as set forth in this
Article.

3-6 GUIDING PRINCIPLES

in fulfilling the purposes and intent of this ordinance as set forth in
Article 1, the BZA in exercising the powers and duties granted and
imposed by this Article, shall be guided by the following standards
which shall be in addition to any other standards imposed by this
ordinance:

The use shall be in harmony with the policies embodied in the adopted
comprehensive plan.

The agricultural character of the County shall be preserved by
discouraging the inappropriate location of non-farm uses in
agricultural areas.

The use shall be in harmony with the general purpose and intent of the
applicable zoning district regulations including those associated with
properties located within a ResourceiProtection Area (RPA).

The usLm shall not adversely affect the use or development of
neighboring properties and be in accordance with all applicable zoning
district regulations and any applicable provisions of the adopted
comprehensive plan.

3-7 VARIANCE RELIEF

3-7-1 APPLICATION FOR A VARIANCE

An application for a variance shall be filed with and on forms furnished
by the Land Use Administrator and shall include such information as the
Land Use Administrator shall require as necessary to enforce the
provisions of this Article. Applications for a variance shall be
processed as described in Section 2-1-2d.

3-7-2 FINDINGS NECESSARY BEFORE THE ISSUANCE OF A VARIANCE

a. General

Variances may be granted by the BZA only after making specific findings

Page 28

of fact based on the evidence before it. These findings of fact are
as follows:

(1) The property was acquire in good faith.

(2) On the effective date of this ordinance, the property is:

exceptionally narrow, or
exceptionally shallow, or
of exceptional size, or
exceptionally shaped, or
has exceptional topographic conditions or other extraordinary
situation or condition of the use or development of property
immediately adjacent to the subject property.

(3) The condition or situation of the subject property or the
intended Use of the property is not of so general or
recurring a nature as to make reasonably practicable the
formulation of a general regulation to be adopted by the
Board of Supervisors as an amendment to this Article.

(4) The strict application of this Article would produce undue
hardship, and such undue hardship is not shared generally by
other properties in the same zoning district and the same
vicinity.

(5) The strict application of this Article would effectively
prohibi@ or unreasonably restrict all reasonable use of the
property, and the granting of a variance will alleviate a
clearly demonstrable hardship approaching confiscation as
distinguished from a special privilege or convenience sought
by the applicant.

(6) Authorization of the variance will not be of substantial
detriment to adjacent property; the character of the zoning
district will not be changed by the granting of the variance;
and the variance will be in harmony with the intended
purposes of this ordinance and in keeping with the public
interest.

b. Floodplain

(1) In passing upon applications for variances within floodplain
areas as regulated by Section 3-14, the BZA shall satisfy all
relevant factors and procedures specified in other sections
of this ordinance and consider the following additional
factors:

The danger to life and property due to increase flood heights or
velocities caused by encroachments.

The danger that materials may be swept onto other lands or
downstream to the injury of others.

The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.

The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
owners.

Page 29

The importance of the services provided by the proposed facility
to the community.

The requirements of the facility for a waterfront location.

The availability of alternative locations not subject to flooding
for the proposed use.

The compatibility of the proposed use with existing development
anticipated in the foreseeable future.

The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area.

The safety of access by ordinary and emergency vehicles to the
property in time of flooding.

The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.

Such other factors which are relevant to the purposes of this
ordinance.

(2) The BZA may refer any application and accompanying
documentation pertaining to any request for a variance to any
engineer or other qualified person or agency for technical
assistance in evaluating the proposed project in relation to
flood heights and velocities, and the adequacy of the plans
for flood protection and other related matters.

(3) Variances shall be issued only after the BZA has determined
that the granting of such will not result in (a) unacceptable
or prohibited increases in flood heights, (b) additional
threats,to public safety, (c) extraordinary public expense,
and wili not (d) create nuisances, (e) cause fraud or
victimization of the public, or (f) conflict with local laws
or ordinances.
(4) Vari.ances shall be issued only after the BZA has determined
that the variance will be the minimum required to provide
relief from any hardship to the applicant.

(5) The BZA shall notify the applicant for a variance, in
writing, that the issuance of a variance to construct a
structure below the one hundred (100)-year flood elevation
(a) increases the risks to life and property and (b) will
result in increased premium rates for flood insurance.

(6) A record shall be maintained of the above notification as
well as all variance actions, including justification for the
issuance of the variances. All variances which are issued
for lands in the floodplain shall be noted in the annual or
biennial report submitted to the Federal Insurance
Administrator.

3-7-3 VARIANCES NOT AUTHORIZED

No variance shall be granted that would have the effect of:

a. increasing the density permitted in a zoning district; or

Page 30

b. permitting any use not specified by the provisions of this Article
.in the zoning district in which the property is located; or

C. altering any definition set forth in this ordinance as it related
to this Article, or

3-7-4 CONDITIONS ATTACHED TO VARIANCES

Any variance granted by the BZA shall be the minimum variance necessary
to afford relief, and to this end, the BZA may permit a lesser variance
than applied for. The BZA may also prescribe such conditions or
restrictions applying to the approval of a variance as it may deem
necessary in the specific case, in order to minimize the adverse effects
of such variance upon other property in the neighborhood. Such
conditions or restrictions shall be incorporated into the certificate
of compliance and the building permit. The BZA may require a
performance guarantee to insure that the conditions imposed are being
and will continue to be complied with. Failure to comply with such
conditions or restrictions shall constitute a violation of this
Ordinance, and may constitute the basis for denial or revocation of a
certificate of compliance, building permit or certificate of occupancy.

3-7-5 LAPSE OF VARIANCE

A variance granted under the provisions of this Article shall
automatically lapsd if substantial construction, in accordance with the
plans for which such variance was granted, has not been completed within
one year from the date of granting such 'variance or, if judicial
proceedings to review the BZA'B decision shall be instituted, from the
date of entry of the final order in such proceedings, including all
appealB.@

3-8 PLANNING COMMISSION

3-8-1 MEMBERSHIP

The Planning Commission shall consist of fourteen (14) citizens of the
County appointed by the Board of Supervisors for four (4) year terms.

3-8-2 POWERS AND DUTIES

With the staff support of the Land Use Administrator, the Planning
Commission shall prepare and recommend for approval to the Board of
Supervisors the Comprehensive Plan, the official Map, Capital
Improvement Program, and ordinances related to orderly growth and
development.

In addition, the Planning Commission shall:

a. Exercise general supervision of, and make regulations for, the
administration of its affairs;

b. Prescribe rules pertaining to its investigations and hearings;

C. Supervise its fiscal affairs and responsibilities, under rules and
regulations as prescribed by the governing body;

Page 31

d. Keep a complete record of its proceedings; and be responsible for
the custody and preservation of its papers and documents;

e. Make recommendations to the BZA on matters related to BZA
administration of this Article.

f. Make recommendations and an annual report to the governing body
concerning the operation of the Commission and the status of
planning within its jurisdiction.

g. Prepare, publish and distribute reports, ordinances, and other
material relating to its activities.

Page 32

h. Prepare and submit an annual budget in the manner prescribed by the
governing body of the County; and

I. If deemed advisable, establish an advisory committee or committees.

3-9 CONDITIONAL ZONING

3-9-1 PURPOSE
It is the general policy of the County in accordance with the laws.of'
the Commonwealth of Virginia to provide for the orderly development of
land, for all purposes through the use of zoning and other land
development regulations. Frequently where competing and incompatible
uses conflict, traditional zoning methods and procedures are inadequate.
In these cases more flexible and adaptable zoning methods are needed to
permit land uses, and at the same time to recognize the effects Of
change. It is the purpose of this section to provide a more flexible
and adaptable zoning method to cope with situations found in such zones
through conditional zoning, whereby a zoning reclassification may be
allowed subject to certain conditions proffered by the zoning applicant
for the protection of the community that are not applicable to land
similarly zoned. The provisions of this section are not to be used for
the purpose of'discrimination In housing.

3-9-2 PROFFER OF CONDITIONS

Any owner of property making application-for a change in zoning or an
amendment.to the zoning map, as provided by Section 2-5, as part of the
application may voluntarily proffer in writing reasonable conditions
which shall be in addition to the regulations provided for in the zoning
district or zone sought in the rezoning application. Any such proffered
conditions must be made prior to any public hearing before the Planning
Commission and the Board of Supervisors and shall be subject to the
following limitations:

a. The rezoning itself must give rise to the need of the conditions;

b. The conditions shall have a reasonable relation to the rezoning;

C. The conditions shall not include a cash contribution to the County;

d. The conditions shall not include mandatory dedication of real or
personal property for open space, parks, schools, fire departments
or other public facilities except for the dedication of any street,
curb, gutter, sidewalk, bicycle trail, drainage, water or sewage
systems;

e. The conditions shall not include payment for or construction of
offsite improvements except for a pro rata share of water, sewage
and drainage facilities;

f. No condition shall be proffered that is not related to the physical
development or physical operation of the property; and

g. All conditions shall be in conformity with the Comprehensive Plan.

3-9-3 EFFECT OF CONDITIONS

Page 33

Upon the approval of any such rezoning, all conditions proffered and
accepted by the Board of Supervisors shall be deemed part thereof and
nonBeverable therefrom and shall remain in force until amended or varied
by the Board of Supervisors in accordance with Section 15.1-491.6 of the
code of Virginia as amended. All such conditions shall be in addition
to the regulations provided for in the zoning district by this Article.

3-9-4 ZONING MAP NOTATION AND RECORDS

Each conditional rezoning shall be designated on the zoning map by an
appropriate symbol designed by the Land Use Administrator. In addition,
the Land Use Administrator shall keep and maintain a conditional zoning
index which shall be available for public inspection and which shall
provide ready access to the ordinance creating such conditions.

3-9-5 SUBMITTAL REQUIREMENTS

Each application for rezoning which proposes conditions to be applied
shall be accompanied by the following items beyond those required by
conventional rezoning requests:

a. A statement detailing the nature and location of any proffered
conditions and those proposed circumstances which prompted the
proffering of such conditions.

b. A signed statement by both the applicant and owner in the following
form:

I hereby proffer that the development of the subject property of
this application shall be in strict accordance with the conditions
set forth in this submission.

3-9-6 PROCEDURAL REGULATIONS AND REQUIREMENTS

Proffered conditions shall include wri'kten statements, development plans
and materials proffered in accordahce with the provisions of this
Article and approved by the Board of Supervisors in conjunction with the
approval of a change in zoning or an amendment to the zoning map.

Upon approval, any site plan, subdivision plat, or development plan
thereafter submitted for the development of the property in question
shall be in substantial conformance with all proffered conditions and
no development shall be approved in the absence of substantial
conformance. For the purpose of this section, substantial conformance
shall mean conformance which leaves a reasonable margin for adjustment
due to final engineering data but conforms with the general nature of
the development, the specific uses and the general layout depicted by
the plans and other materials presented by the owner and/or applicant.
3-10 RURAL OPEN SPACE AND CONSERVATION (ROSCO)

3-10-1 PURPOSE

The purpose of the Rural Open Space and Conservation District (ROSCO)
is to encourage the preservation of open land for its scenic beauty,
agricultural, forestal and recreational use, and to provide protected
areas for significant and sensitive resources; to protect the value of
real property; to promote more sensitive siting of buildings and better
overall site planning; to perpetuate the traditional landscape of

Page 34

Richmond County and the Northern Neck; to allow landowners a reasonable
return on their holdings; to promote a better use of the land in harmony
with Its natural features through more flexible design; to facilitate
the development of primary service areas within rural villages and to
provide for the managed and planned expansion of the Town of Warsaw, the
traditional centrally located focus of industry, commerce and government
services within the County.

3-10-2 PERMITTED USES

Agriculture
Cemetery
Government'Uses
Rural Estate House Option
Rural Farmstead option
Rural Hamlet option
Rural Village option
Rural Development Option

One of the following uses is permitted on each lot of record existing
on the date this ordinance was enacted:

� A single family dwelling
� A church and other place of worship

3-10-3 SPECIAL USE PERMIT OUTSIDE OPTION AREAS

a. Campground

b. Hospital

C. Rest Home

d. Resort Development

e. Wayside Stands

f. Mining

g. Bed and Breakfast

h. Electric Substations, etc.

I. Hunt Clubs

j. Family Subdivisions, subject to the following requirements:

- Lot Size 43,560 sq. ft.
Setbacks Front and Rear 35 ft.
Side 15 ft.

- Lots shall not be created in areas possessing RPA features,
nontidal wetlands, slopes in excess of twenty-five percent (25%),
or habitats of rare and endangered species.

- Compliance with the AFFORDABLE, WATER, and HISTORIC RICHMOND
overlay districts.

- Compliance with the intent and purpose of the ROSCO zoning

Page 35

district.

k. Warsaw Expansion Option

All land areas identified as "Area Proposed for Future Annexation"
within a report entitled Town of Warsaw Annexation Plan dated November,
1985 may develop as a mixed use "village area" as provided for and in
accordance with Section 3-10-8f through Section 3-10-8j, as well as
applicable requirements within Section 4-18. Land Development
proposals which choose instead to develop only residentially shall
comply with the requirements related to "village area neighborhoods"
as detailed in Section 3-10-8f(S), provided however that the gross
density shall not exceed three lots per gross acre.

3-10-4 DENSITY AND APPROPRIATE AREAS FOR DEVELOPMENT

a. The permissible gross density for the development options described
in Section 3-10-6 through 3-10-9 is one dwelling unit per ten (10)
acres. Gross density calculations shall not include the acreage
of tidal wetland areas. The acreage of tidal wetland areas shall
be subtracted from the parcel before the dwelling unit potential
yield is calculated.

b. Whenever Possible, all lands identified as RPA features, nontidal
wetlands, cultivated and cultivatable prime agricultural lands,
slopes in excess of twenty-five percent (25%), and habitats of rare
and endangered species shall not be included within the area of
lots created for land development purposes but shall instead be
left undeveloped and placed in 11ROSCO Conservancy".

3-10-5 RURAL ESTATE HOUSE OPTION

a. The area of each newly created rural estate house shall be in
excess of 50 acres.

b. When rural estate houses are proposed to be or will have the
reBUltant effect of being lined along and visible from a vehicular
right of way, each shall have a building envelope which is at least
1,200 feet apart from another and be arranged so as to result in
rural estate house sites being no closer than 300 feet from a
vehicular right of way and off-set from adjacent homesites by a
distance of 200 feet as measured from the vehicular right of way.

C. If traditional architecture, as provided for in Section f(l) below
is not proposed to be utilized, the building envelope for rural
estate house shall be positioned in an area not visible from the
vehicular right of way whenever possible.

d. Building envelopes associated with each rural estate house site
shall be no larger than two acres.

e. Building envelopes shall be positioned so that no building is
within 100 feet of a property line.

f. (1) If traditional architecture Is proposed to be utilized on the
rural estate house, the plan-approving authority will grant
a density bonus permitting the creation of three (3)
additional and separate building lots, each complying with
the area and bulk requirements of Sections 3-10-9c to 3-10-

Page 36

9e, but only if these three (3) homes ites are not visible
from the right of way. one of these three dwellings may
instead be an accessory dwelling, as defined, if located
within the same building envelope as the principal single
family dwelling and. if also exhibiting traditional
architecture.

(2) The Rural Development Option as provided by Section 3-10-9
may also be utilized on appropriate lands over and above the
fifty acres associated with the Estate House Development
Option. Any accrued development potential resulting from the
density bonus associated with subsection f(l) above may be
transferred to the Rural Development Option.

g. All areas outside of building envelopes shall be protected in
perpetuity by a conservation easement and used where possible for
agricultural production. These areas shall be designated on the
zoning map as "ROSCO Conservancy".

h. Structures shall be limited in height to 35 feet unless the
traditional architecture density bonus is employed in which case
structures may attain heights consistent with traditional
architectural features.

3-10-6 RURAL FARMSTEAD OPTION

a. The rural farmstead option shall only be employed on lots in excess
of 100 acres. Multiple rural farmstead opti6ns may be created on
the same large parcel so long as the site design and spatial
relationship of multiple farmsteads is in harmony with the intent
and purpose of the ROSCO district.*

b. The farmstead building envelope shall not exceed two acres for
every 100 acres of total lot size and every fraction thereof.

C. Permitted uses include:

(1) single family detached

(2) multi-family/townhome

(3) agriculture

d. The building envelope shall be no closer than 400 feet from the
right of way and no closer than 300 feet to any other property
lines.

e. All areas outside the building envelope shall be protected in
perpetuity by a conservation easement and used where possible for
agricultural production. These areas shall be designated on the
zoning map as "ROSCO Conservancy".

f. If traditional architecture is used in the design of the farmstead
complex, the owner/applicant may request a density bonus permitting
an additional six (6) dwelling units per 100 acres of total site
area. Thesetll@W-0) dwelling units can either be added within the
farmstead com %4 or within separate lots subdivided in accordance
with the area and bulk requirements of Section 3-(1-1)-9c to 3-X-1,-4-9e
if these separate lots are not visible from the flb@mstead and-not
obvious when viewed from the farmstead.

Page 37

g. structure shall be limited in height to 35 feet unless the
traditional farmstead architecture density bonus is employed in
which case structures may attain heights in keeping with farmstead
buildings.

3-10-7 RURAL HAMLET OPTION

a. General Requirements

(1) A rural hamlet, as proposed, shall be in accordance with the
comprehensive Plan.

(2) open space areas shall be placed In "ROSCO Conservancy" to
ensure their perpetual protection.

(3) Each hamlet shall consist of no less than 6 or more than 25
hamlet dwellings.

b. Land Area Requirements

A rural hamlet shall be located on a development parcel at least forty
(40) acres in size.

C. Permitted Uses

- Single Family Detached Dwellings
- Bed and Breakfast, owner-occupied
- Home Occupations
- CIVIC Uses such as:
Community meeting hall
Library
Post office
Museum
Historic and cultural society facility
Child care center or preschool
Church or other place of worship
Art gallery
- County Government Service, excluding utilities
- Public or Private Elementary School

Civic uses shall not exist on greater than 15% of the lots or total
area of the hamlet, whichever is more restrictive.

d. Special Use Permit on Hamlet Lots

- Retail Sales Storefront as an accessory use within only one single
family detached dwelling in the hamlet from which is sold basic
@ecessity items within a floor area not exceeding 500 square feet
in size.

- A single family attached duplex (side by side) may occupy a single
hamlet building lot provided that one unit is owner-occupied, no
more than twenty-percent (20%) of hamlet lots contain duplex units
and the duplex is architecturally consistent with the overall
design of the hamlet. The resultant extra dwelling unit shall not
be counted toward the total permitted gross density allowed within
the hamlet.

e. Permitted Uses Within "ROSCO Conservancy" Areas

Common open space lots surrounding hamlet lots may be used as follows:

Page 38

(1) Barns, silos, stables and other structures related to
permitted agricultural uses.

(2) A wayside stand with a building footprint no greater than 250
square feet selling only those agricultural products grown
on site.

(3) Recreational uses for residents of the development which are
customarily and clearly accessory, incidental and subordinate
to the hamlet, and which are located so as to minimize the
visual intrusion on the landscape from within and outside the
hamlet and/or to reinforce the hamlet design including but
not limited to swimming pools, tennis courts, equestrian
facilities, and picnic areas.

(4) Water and sewer facilities including mass drainfields and
septic systems.

f. Minimum Lot and Building Envelope Requirements

Hamlet Lots:
Minimum lot size 15,000 sq. ft.
Maximum lot size 43,560 sq. ft.
Minimum building envelope 7,000 sq. ft'.
Maximum building envelope 12,500 sq. ft.
Minimum lot width 64 feet
Maximum lengtq/width 5/1
Minimum front and rear
yard setback ,.iO feet
Minimum side yard setback 10-feet

g. Maximum Hamlet Building Envelope Depth

(1) The rear edge of the building envelopes of hamlet lots facing
one another across a street shall not be more than 400 feet
apart.
(2) The rear edge of the building envelopes of hamlet lots facing
one another across a hamlet green shall not exceed 600 feet *
(3) The maximum distance between building envelopes of lots
facing across a hamlet green shall not exceed 350 feet.

h. Maximum Net Residential Density

The residential density of the hamlet, excluding nonresidential use
acreage and density exemptions provided herein, shall be no less than
1.5 and no more than 3.5 dwelling units per acre.

i. Density Bonus Provision

If the Rural Hamlet Option is constructed on newly created roads, or
is proposed to be positioned on an existing road which the County has
concluded will never be characterized by average annual traffic volumes
exceeding 500 vehicles per day over and above the traffic volumes
resulting from the Rural Hamlet, a density bonus permitting the gross
density to be reduced from one dwelling unit per ten acres as required
by Section 3-10-4 to one dwelling unit per 6.25 acres will be granted
by the plan-approving authority.

J. An Accessory Dwelling Permitted

An accessory dwelling as provided by Section 3-16-3a(2) may be located

Page 39
. % I

on a hamlet lot provided the lot owner of record resides on the
property.

k. Manufactured Housing Prohibited

Manufactured homes are not permitted in the rural hamlet.

3-10-8 RURAL VILLAGE OPTION

a. General Requirements

(1) A Rural Village, as proposed, shall be in accordance with the
Comprehensive Plan.

(2) Sufficient land in appropriate locations shall be controlled
by the applicant either by fee simple ownership or under
contract.

(3) Conservancy areas shall be adequately protected by
conservation easements which allow only limited uses and put
in 11ROSCO Conservancy".

(4) Adequate water and wastewater systems shall be provided by
the applicant, along with appropriate user-f inancing of these
facilities.

(5) Adequate roads shall be provided by the applicant.

(6) The proposed village will include and provide for land uses,
lots, buildings, roadways and amenities designed to implement
the objectives of the Comprehensive Plan.
7
(7) Appropriate maintenance and ownership of public and community
Uses will be ensured.

b. Land Area Requirements

An applicant must designate land areas sufficient to meet the following
land area requirements:

(1) Village Area

The site for the village area portion of a rural village option
district shall be a minimum of 80 contiguous acres and a maximum
of 250 contiguous acres in size, and shall contain a minimum of 150
and a maximum of 500 dwelling units exclusive of additional units
resulting from the issuance of density bonuses at no more than
three (3) or less than one (1) dwelling unit per acre of village
area. Village area lands shall be noted an the zoning map as
approved on the plan of development: commercial storefront, civic,
townhouse, neighborhood and village workplace.

(2) "ROSCO Conservancy"

The 11ROSCO Conservancy" area shall consist of all land required to
be assembled to create a village minus the land area designated as
the village area. Each village area shall be completely surrounded
by a contiguous buffer land area which shall be at least twice the
size of the designated village area, and shall be no less than 300
feet wide at any point along the perimeter of the village area
except as waived by the plan-approving authority to accommodate

Page 40

specific site conditions.

C. Locational Criteria for the Rural Village

While the County has not determined specific sites within the ROSCO
zoning district which are suitable for a rural village and wishes to
allow flexibility in such determinations, the County will consider the
following factors in determining whether a Rural Village option
proposal should be approved.

(1) It shall comply with the general requirements of Section 3-
10-8a.

(2) It shall comply with Section 3-13 and after construction, be
sited so as to best preserve historic resources, natural
vistas and the existing countryside formations.

(3) In the event a rural village is proposed in Close proximity
to an existing incorporated town or an existing rural
village, certain requirements of utilities and buffering of
thiB ordinance may be modified, additional requirements may
be imposed, or the location may be denied, all at the
discretion of the county and in order to ensure that feature
of the existing town or village and its setting ar:
preserved.

(4) The area of private lots for non-water-dependent uses within
the viliage area shall not be located upon lands protected
by the Waterfront Management (WATER) District.

(5) The village area shall be designed in accordance with the
design standards of section 4-18.

d. Land Assembly Requirements and Development Potential

An applicant Must demonstrate contro 1 of suf f icient land area to
accommodate the number of dwelling units proposed to be built within
the village area. The development potential of assembled land shall
be determined by the Land Use Administrator and the Richmond County
Health Department, and shall amount to, the potential number of dwelling
units the assembled land can accommodate as determined by the
development potential of such land. Development potential shall be
determined based upon the following schedule:

Dwelling Units/ Dwelling Unit
Acreage Controlled Acre Ratio Yield Potential

First 250 acres 1/10 25
For each of the
next 150 acres 1/1 150
For each of the
next 162.5 acres 211 325

Total: 562.5 acres 9/1 500

8. Location, Use and Protection of the "ROSCO Conservancy" Area

(1) Rural Village proposals shall provide "ROSCO Conservancy"
land areas which provide visual and physical buffer thereby

Page 41

creating a distinct, traditional village settlement amid open
space lands.

(2) All land assembled to form the rural village and not
designated as "village area" shall be designated as "ROSCO
Conservancy" on the zoning map.

(3) No land within the "ROSCO Conservancy n areas may be
subdivided to create lots less than 50 acres in size except
for those lots associated with another development option
provided for by section 3-10 and approved by the plan-
approving agent.

(4) Permitted uses of designated "ROSCO Conservancy" areas are
as follows:

other development options specified by Section 3-10 as
approved;
agricultural use;
open space;
lakes, ponds, retention and detention facilities;
conservation;
cemetery;
utility systems including septic systems;
spray irrigation fields for wastewater effluent disposal,
lagoons and water impoundments;
golf course, nature and equestrian trails;
athletic fields;
public parks.

f. Land Uses Within the Village Area

The village area shall contain the following public, community and
private land uses:

(1) Greens, Parks and Squares

(a) Purpose

Greens, parks and squares are intended to provide spatially
defined and distributed open spaces within any part of the
village area to serve a variety of outdoor leisure and
assembly needs of village residents, and to enhance the form
and appearance of the village.

(b) Location

The main village green shall be centrally located and shall
generally be sited at natural vista/view locations. other
smaller greens shall be dispersed throughout the remainder
of the village area in such a way that no lot is more than
a 1,320 feet walking distance from a green, square or park.

(d) Size

The main village green shall be no less than 30,000 square
feet in size while the other, smaller greens, squares and
parks shall be no less than 10,000 square feet in size.

(2) Civic uses

Page 42

(a) Purpose

civic uses are intended to provide governmental,
institutional, educational, recreational, cultural, and
religious facilities and services which enhance the shared
community life and personal development of village residents.

(b) Location

Civic lots shall normally be located adjacent to greens,
parks, and squares, or at vista terminations. Schools may
be located in any part of the village area and, if sited at
the perimeter of the village area, associated athletic fields
may be located within the adjacent "ROSCO Conservancy."

Civic Use Lots may be used for one or more of the following:

community meeting hall (A community meeting hall shall
be constructed on a civic lot, with a meeting room of
no less than 10 square feet for each approved house
and townhouse dwelling unit. The community meeting
hall shall be completed prior to construction of 50%
of the residential dwelling units. Until such time as
a community meeting hall is constructed, the developer
shall provide a temporary meeting room of no less than
1600 square feet.);
- library;
- post office;
- museum;
- historical and cultural society
facility;
- child care center or preschool;
- church or other place,of worship;
- art gallery;
music center;
- community theater;
- public (non-private membership) athletic club or
recreation center;
- County government service, excluding utilities;
- public or private elementary or middle schools.

(3) Storefront Area

(a) Purpose

The commercial storefront district is intended to provide a
variety of retail shops and services to support the day-to-
day needs of village residents and other local residents,
complemented by other compatible business, civic and
residential activities in commercial-type buildings in a
manner consistent with a small downtown in the community.

(b) Location

The commercial storefront area shall be a designated
.geographic unit located where it acts as a central place and
where it can intercept traffic coming and going from the
village without such traffic traversing local residential
streets.

Page 43

commercial storefront lots may be used for one or more of the
following in commercial buildings:
- any use permitted in civic use areas;
- residential dwelling above the ground floor;
- retail Bales, provided however that a maximum of
20,000 square feet of floor area per business will be
permitted;
- personal or business services;
- banks and financial institution;
- cinema;
- office;
- private club;
- restaurant;
- artist studio;
- lodging, including hotel;
recreational building or use;
- medical clinic or facility;
- elderly and social care facility.

(4) Townhouse Area

(a) Purpose

This area provides for a variety of housing opportunities and
provides for the flexible use of such buildings to
accommodate compatible business and civic uses which
supplement the commercial storefront area.

(b) The townhouse area is located in close proximity to the
commercial storefront area.

Townhouse lots may be used for one or more of the following
uses in conjunction with the residence with attached
dwellings: 4

- home occupation as provided by
3-16-4;
- personal or business service;
- office;
- private club;
- restaurant;
- artist studio;
- bed and breakfast;
- medical office;

(5) Neighborhood Area

(a) Purpose

Neighborhood areas are intended to provide for single family
homes in a residential neighborhood environment, complemented
by a limited number of compatible uses, including small parks
and greens.

(b) Location

Residential lots shall generally be located along local
streets and around the perimeter of the combined commercial

Page 44

storefront and townhouse areas and between those areas and
the ROSCO Conservancy.

Neighborhood areas may be used for one or more the following:

single family detached residential
dwelling;
home occupation in accordance with the provisions of
Section 3-16-4;
office, as an accessory use, or for not more than 2
full time employee equivalents; or
one accessory building;
one accessory dwelling in accordance with Section 3-
16-3a(2).

(6) Village Workplace Area

(a) Purpose

The village workplace area is intended to provide employment
opportunities for village residents and to provide sites for
small industrial uses which support the surrounding rural
area without adverse impact on the rural village.
(b) Locatiog
Village workplace areas shall be located in no more than two
areas at the periphery of the village area at sites which
intercept traffic from external roadways and have the least
impact on neighborhood areas. Village workplace areas shall
be well buffered from adjacent neighborhoods.

Village workplace areas shall be accessible to motor vehicles
and may be used for one or more of the following:

- Warehousing;
- Light manufacturing and assembly;
Automobile repair (all repairs conducted indoors);
- Utilities to serve the village;
- Fire and Rescue Service facilities.

g. Special Use Permit Throughout the Village Area

Uses which may be approved by special use permit within specified
sections of the village area are as follows:

(1) Commercial car wash, which shall only be located in a village
workplace area;

(2) Retail sale of petroleum-based fuel products, which shall
only be located in a village workplace area and provided that
only one such facility shall be permitted at any one street
intersection;

(3) Outdoor commercial which shall only be located in a village
workplace area;

(4) Outdoor storage which shall only be located in a village

Page 45

workplace area;

(5) Storage and sale of building material or garden supplies
which shall only be located in a village workplace area.

(6) Retail sales with more than 20,000 square feet of floor area
per business in a commercial storefront area;

(7) Middle and high schools and community colleges;

(8) Structures and/or uses for federal, state or local government
purposes

h. Prohibited Uses Throughout the Village Area

The following UBes are specifically prohibited in the village area:

(1) Chemical manufacturing, storage or distribution', as a primary
use;

(2) Any commercial use, other than a car wash, which is primarily
directed to patrons who are encouraged by the site layout or
buildings to remain in their automobile while receiving goods
or services;

(3) Enameling, plating or painting except artist studios as a
primary use;

(4) Foundries, receiving/distribut ion, moving or hauling terminal
or yard, except delivery or pick up of goods or merchandise
solely to Bervice businesses in the rural village;

(5) Prisons and detention centers;

(6) The manufacture or disposal of hazardous waste materials,
solid waste or radioactive waste;

(7) Agricultural uses, other tkan home gardens;

(8) Junk yards;

(9) - Mobile homes;

(10) Commercial sand, gravel or other mineral extraction;

(11) Any use which, as determined by the Land Use Administrator
which produces an impact that would adversely affect the
intended overall characteristics of a rural village or the
specific characteristics and uses of adjacent areas, as a
result of undue noise; offensive odors, glare, vibration;
hazardous solids, liquids or gases emitted into the
environment.

i. Lot Requirements

(1) Lot Frontage

Each individual lot or, in the event that lots are consolidated,
each building Bite shall be in accordance with the following:

VILLAGE AREA

Page 46

Minimum Minimum Maximum Maximum
Lot Depth Lot Width Lot Width Length:Width

Greens, Parks
and Squares NA NA NA NA
civic NA NA NA NA
Commercial
Storefront 96, 161 1501 NA
Townhouse 961 16, 321 9:1
Neighborhood 961 641 NA 5:1
Workplace - 1281 32' 3201 5:1

The intent of this ordinance is best served by designing villages to include a variety
of lot sizes.

(2) Lot Coverage

The total maximum lot coverage for buildings on individual lots
shall not exceed the following percent of the lot area:

Greens, Parks, Squares NA
civic 70%
Storefront 70%
Townhouge 70.%
House 30%
Workplace 30%

J. Building Height and Setback Requirements

(1) civic

Civic buildings shall have no height or setback limitations.

(2) Commercial Storefront

Storefront buildings shall not exceed three stories or 40 feet,
whichever is less, in height. Storefront buildings shall have no
setback limitations.

(3) Townhouse

(a) Townhouse building facades shall be setback either 4, 8 or
16 feet from the right of way. Attached open porches
projecting from the facade may lie within this setback area.

(b) Townhouse building facades shall be a minimum of 12 feet from
the face of curb defining the edge of vehicular cartways.

(d) Townhouse facades in any one block should generally have the
same setback.

(5) Village Workplace

(a) Village workplace buildings shall be located no closer than
50 feet to any side or rear property line.

Page 47

(b) Village workplace buildings shall not exceed 3 stories or 40
feet in height, whichever is less.

3-10-9 RURAL DEVELOPMENT OPTION

a. All lots within a Rural Development Option shall be located in any
area wooded or open BO long as the development, whenever possible
and to the greatest extent possible, is invisible from existing
roadways. If deemed necessary by the plan-approving authority,
landscaping and/or earthen berms may be required to minimize the
visual intrusion of the Rural Development option as viewed from
other development options provided in Section 3-10 and existing
vehicular rights of way.

b. Permitted uses are:

(1) Single Family Detached
(2) Customary Accessory Uses
(3) Recreation Open Space
(4) "ROSCO Conservancy"
(5) Community recreation facilities, including parks,
playgrounds, clubhouses, boating facilities, swimming pools,
ball fields, tennis courts, golf courses, etc.

C. The minimum lot size for individual lots shall be 43,560 square
feet. The maximum lot size shall be 130,680 square feet.

d. Structures shall be limited to thirty-five feet in height.

e. Setbacks shall be as follows:

Front Yard 35 feet
Side Yard 15 feet
Rear yard 35 feet

f. Roadways built to service the forest subdivision shall be built to
state standards.

g. Open space areas set aside should consist of those areas which are
environmentally fragile and/or contain important resources
identified in the Resource Inventory, particularly prime
agricultural lands. Set aside open space lands shall be protected
in perpetuity by a conservation easement which permits continuation
of agricultural operations. These areas will be marked on the same
map as 11ROSCO Conservancy"

h. A density bonus enabling the gross density required by Section 3-
10-4 to be reduced to one dwelling unit per 6.25 acres will be
granted if the following cirCUMBtance is met: If all lands on the
parcel to be subdivided identified as tidal and nontidal wetlands,
prime agricultural land in cultivation, slopes in excess of twenty-
five percent (25%), and habitats of rare and endangered species are
placed in 11ROSCO Conservancy".

3-11 RURAL BUSINESS AND COMMERCIAL (SHOPPING)

Page 48

3-11-1 PURPOSE

The Rural Business and Commercial (RBC) District is established to
provide appropriate zoning for existing commercially utilized lots which
are consistent with the Comprehensive Plan, for necessary commercial
uses proposed in the absence of mixed Use areas, as well as for proposed
uses which by their very nature, are inappropriate within mixed use
areas.

3-11-2 PERMITTED USES

a. All freestanding commercial ly-ut il ized lots of record, as of the
date this ordinance became- effective, which are utilized in a
manner consistent with the intent and purpose of the Comprehensive
Plan.

b. The following uses, if established after this ordinance became
effective, are permitted:

(1) Automobile Repair
(2) Automobile Sales
(3) Building Materials/NurBeries Sales with Outdoor Storage
(4) Car Washes
(5) Contractor's Office with Outside Storage
(6) Drive-I Theatres I
(7) Equipmext Rental and Sales having Outside Storage
(8) Gasoline Dispensing Stations'
(9) Public Utility Installations
(10) Stone or Monument Works
(11) Kennels
(12)1 Other commercial uses which are automobile or outside storage
oriented

3-11-3 SPECIAL USE PERMIT

All commercial uses which are permitted with a rural village as provided
by Section 3-10-8 as long as no village area exists within 3 linear
miles of the parcel in question.

3-11-4 MINIMUM AREA REQUIRE14ENTS

There are no minimum lot area requirements. However, no lot zoned for
or proposed to be zoned for RBC shall be approved unless and until it
has been demonstrated to the satisfaction of the plan-approving
authority that the lot area is Of sufficient size to ensure compliance
with the zoning and design requirements of this Ordinance.

3-11-5 MINIMUM SETBACK REQUIREMENTS

Building setbacks at a minimum shall be as follows:

Front Yard 35 feet
Each Side Yard 20 feet
Rear Yard 35 feet
Side and Rear Yard Adjacent
to Residential Districts 50 feet

Page 49

3-11-6 FRONTAGE AND YARD REQUIREMENTS

a. Outside storage of raw materials, work in progress and finished
goods shall not be permitted between the building setback and any
public vehicular right of way.

b. The minimum front yard setback area shall not be used for parking
or loading areas. Loading areas Bhall be restricted to the side
or rear yards.

C. No required buffer area shall be used for outside storage, parking,
loading or any accessory use.

3-12 RURAL WORKPLACE (WORK)

3-12-1 PURPOSE

The Rural Workplace (WORK) District is established to provide
opportunities for employment generator's which are desired, are situated
collectively in accessible and suitable nodes of activity and blend in
with rather than supplant the rural environment of the County. The WORK
district is designed to:

- provide locational opportunities for industries with high growth
which are likely to be attracted to the County;

- provide development Bites for small, medium and large-si zed
industrial firms in environments conducive for business and
industrial activity;

- assist the County by attracting new employment opportunities;

t
- expand the fiscal capacity of the County by broadening the tax
base;

- ensure the compatible operation of productive activities and
community growth; I

- contribute positively to community appearance; and,

- respect the natural rural environment.

3-12-2 PERMITTED USES

The WORK Zoning District permits uses listed below which carry on
processes within enclosed buildings or in outside areas sheltered and
heavily buffered from adjacent properties and rights of way. Any
structure to be erected or land to be used shall be for one (1) or more
of the following uses provide that there are no inherent hazards
associated with such uses and further provide that no nuisance may occur
from fire or explosion, toxic or corrosive fumes, gas.? smoke, odors,
obnoxious dust or vapor, offensive noise or vibrations, glare, flashes
or objectionable effluent and electrical interference which may
adversely affect or impair the normal use of any other property (see
Section 4-13). The development of industrial and/or office parks is
encouraged. Developers of industrial /office parks may establish
covenants and restrictions more restrictive than these zoning standards
if deemed desirable, however these covenants and restrictions will not
be enforced by Richmond County. For example, a developer may create an
industrial and/or office park which allows only a limited range of

Page 50

indUBtrial/office Uses. Permitted Uses are as follows:

(a) office buildings for executive, administrative, business
educational or professional services, as well as industrial:
medical and scientific research and development laboratories.

(b) Colleges, universities, vocational/technical centers.

(c) Commercial printing (letterpress, screen commercial, lithographic
commercial and others) including the printing and publishing of
newspapers, periodicals and books, blueprinting and similar uses.

(d) Computer and data processing services.

(e) Contractors office and storage provided all materials are screened
from public view.

(f) Direct mail advertising services.

(g) Machine shops and tool and die shops.

(h) Mailing, reproduction, commercial art and photography, and
stenographic services.

(i) Parcel Delivery Stations.

(J) Repair and r4ntal of light machinery and equipment, excluding
automobile repair facilities.

(k) Warehousing and wholesale distribution centers.

(1) Manufacture and/or assembly of:

(1) office, computing and accounting machines.

(2) Engineering, laboratory, scientific, research, measuring and
controlling, surveying and drafting, optical, surgical,
medical and dental instruments and supplies, and robotic
devices.

(3) Electrical lighting and wiring equipment.

(4) Radio and television communications equipment, electronic
components, equipment and accessories.

(5) Transportation machinery, equipment and devices including
motor vehicle parts and accessories.

(6) Photographic equipment, electrical appliances, tools and
hardware products, watches, clocks, toys, games, musical
equipment, plastic products, sheet metal products, heating,
cooling and ventilation equipment, jewelry, silverware and
plateware, sporting and athletic goods, pens, pencils,
buttons, and,other miscellaneous products.

(7) Pharmaceutical preparations for human and/or veterinary use.

(8) Apparel and other textile products and accessories by cutting
and sewing purchased woven or knit textile fabrics and
related materials such as leather, rubberized fabrics,
plastics and furs.

Page 51

(9) Finished leather and artificial leather products, excluding
the tanning of leather.

(10) Wood products such as boxes, furniture, skids, cabinets,
baskets, caskets, and other wood products of a similar
nature.

(11) Particleboard, hardwood dimension, flooring, softwoodveneer,
plywood, structural wood members, prefabricated wood or metal
buildings or structures and members, moldings and similar
products.

(12) (From purchased paper or paperboard) Coated or glazed paper,
envelopes, bags, die-cut paper, paperboard and cardboard,
pressed and molded pulp goods, sanitary paper products,
stationery and tablets, folded paperboard boxed, set-up
paperboard boxes, corrugated and solid fiber boxes, sanitary
food containers, fiber cans, tubes, drums, and similar
products.

(13) Pottery and ceramics.

(m) Other uses as deemed to be consistent in use and intensity with the
intent and purpose of this section as determined by the Land Use
Administrator, including those uses which play a vital role in the
preservation of traditional rural lifestyles and land uses.

3-12-3 SPECIAL USE PERMITS

Processing of food (animal, vegetable, fish, fowl or other food type
products).

3-12-4 HINI14UM AREA REQUIREMENTS

There are no minimum lot area requirements. However, no lot zoned for
or proposed to,be zoned for WORK shal@- be approved unless and until it
has been demonstrated to the satisfaction of the plan-approving
authority that the lot area is Of sufficient size to ensure compliance
with the zoning and design requirements of this Ordinance.

3-12-5 MINIMUM SETBACK REQUIREMENTS

Building setbacks at a minimum shall be as fOllOWB:

Front Yard 35 feet
Each Side Yard 20 feet
Rear Yard - 35 feet
Side and Rear Yard
Adjacent to Existing
Residential Uses 50 feet

3-12-6 FRONTAGE AND YARD REQUIREMENTS

a. Outside storage of raw materials, work in progress and finished
goods shall not be permitted between the building setback and any
public vehicular right of way.

b. The minimum front yard setback area shall not be used for parking

Page 52

or loading areas. Loading areas shall be restricted to the side
or rear yardB.

C. No required buffer area shall be used for outside storage, parking,
loading or any accessory use.

3-13 HISTORIC AND SCENIC PRESERVATION (HISTORIC RICHMOND) OVERLAY DISTRICT

,3-13-1 PURPOSE

The purpose of the Historic and Scenic (HISTORIC RICHMOND) overlay
district is to provide for protection and enhancement of designated
scenic highways or byways and to protect against destruction of or
encroachment upon historic areas, archaeological sites, historic
buildings, historic monuments or other historic features; or buildings
and structures of recognized architectural significance which contribute
or will contribute to the cultural, social, economic, political or
architectural heritage of Richmond County and the Commonwealth of
Virginia. It is also the purpose of HISTORIC RICHMOND to preserve
designated scenic areas and historic, archaeological or architectural
features, and their surroundings within a reasonable distance from
destruction, damage, defacement and obviously incongruous development
or uses of land. HISTORIC RICHMOND will i.mplement the provisions of
Section 4-10 of this ordinance relative, to the. creation of historic
districts as proviaed by Section 15.1-503'.2 of the Code of Virginia.
HISTORIC RICHMOND is also established. for the express purpose of
promoting the general welfare by the preservation of areas which have
been officially designated as having exceptional natural, scenic I
cultural, or historic value worthy of preservation and protection. This
zoning designation is intended to be used along roadways within the
County officially designated as Virginia scenic highways or byways, or
designated by the Board of Supervisors as scenic County highways and
byways in the Comprehensive Plan as well as along significant rivers,
creeks, and other noteworthy waterbodies.

3-13-2, APPLICATION

a. The HISTORIC RICHMOND overlay district is created to be
superimposed an other districts contained in this Article. The
uses, housing types, minimum lot requirements, minimum yard
requirements, maximum heights, and accessory uses shall be those
requirements applicable to the underlying zoning district except
as modified by application of the regulations in this section.

b. HISTORIC RICHMOND districts shall be established by action of the
Board of Supervisors and designated on the Official Zoning Map.

3-13-3 PERMITTED USES

A building or land shall be Used only for the following purposes, and
except as provided herein, in each case subject to review and action by
the plan-approving authority in accordance with the standards set forth
in this Section and the intent and purpose of this ordinance:

Any Use, or accessory use, permitted in the underlying zoning district
in which the premises are situated subject to review and approval. The
normal maintenance of an historic area or building or the charging of

Page 53

admission fee for visitors, or the conduct of visitor centers or
services within a county, state, or national park, shall not be
considered as commercial uses.

3-13-4 USE LIMITATIONS

The following limitations shall apply within HISTORIC RICHMOND:

a. No building or structure, except as provided to enhance the scenic
character of the area, shall be constructed within 100 feet of the
right of way of any designated scenic highway or byway.
Construction within the viewshed of a historic building should be
avoided whenever possible, but when unavoidable, should be
sympathetic and compatible. This is not intended to preclude
development of accessory buildings by the owner of a historic
building.

b. off-street parking and loading requirements shall be in accordance
with the provisions of Article 4-11. No off-street parking or
loading space shall be located within 100 feet of the right of way
of any designated scenic highway or byway.

C. Consideration shall be given during the review of any proposed
development along a scenic highway or byway to other than standard
development requirements relating to drainage facilitiest pavement
of driveways, and parking areas, approved signs and traf f ic control
devices and markings so as to insure that development is compatible
with the goals. and objectives of the scenic designation.

d. Development along scenic highways and byways shall be designed to
minimize the number and size of curb cuts.

e. Timber clear- cutting is not permitted in view of historic buildings
or areas. , Additionally, timber clear cutting shall not be
permitted within 100 feet of the right of way of a designated
highway or byway. Any timber cutting activities in these areas is
to be based upon considerationsiwhich emphasize aesthetic values
or sanitation and salvage cuttings necessitated by damage caused
by fire, insect infestation or other destructive forces, with prior
approval of the Land Use Administrator. The Land Use Administrator
may request advice and/or reports from the State Division of
Forestry in this regard. All flowering trees, shrubs and wild
flowers indigenous to the area which occur within 100 feet of the
right of way line of the scenic highway or byway should be favored
and protected where reasonable.

f. No open pit extraction shall take place within 350 feet of a
designated highway or within view of a historic building or area.
All stock piling of minerals or wastes shall be screened by a
natural buffer and shall not exceed 35 feet in height or the height
of the trees and/or natural material found in the buffer, whichever
is higher. The entrance to the extraction area must be hard
surfaced and designed for highway safety and, insofar as possible,
be in keeping with the nature of the scenic highway or byway.

g. Development permits as provided by Section 2-7-1 issued in areas
known or suspected to contain archeological artifacts and data
shall include a requirement that the developer provide for a phase
one survey and evaluation by an archaeologist. The permit shall
require approval by the County before work can begin on a project
following inspection. Archaeological data or artifacts shall be

Page 54

recovered before work :@esumes or begins on a project. significant
archaeological and historic sites shall be permanently preserved
for BCientific study, education and public observation. When the
County determineB that a Bite has significant archaeological,
natural, scientific or historical value, a development permit will
not be issued which would pose a threat to the site. The County
may require that development be postponed in such areas to allow
investigation and/or retrieval and preservation of significant
artifacts.

h. Areas within viewshed of historic buildings and historic and
archaeological sites which are Outside of the building envelope,
as well as areas within the preservation corridor along scenic
highways shall be protected in perpetuity by a conservation
easement and designated on the zoning maps as "ROSCO Conservancy."

3-13-5 STANDARDS

The following standards shall be considered by the plan-approving
authority in evaluating proposal within HISTORIC RICHMOND districts:

a. The public necessity Of the proposed construction or use.

b. The public purpose or interest in land or buildings to be
protected.
C. The historic, Iarchitectural, archaeological and scenic value and
significance of the resource considered for protection and its
relationship to the surrounding area.

d. The-age and character of the historic structure, its condition, and
its@ probable life expectancy, and the appropriateness of the
proposed changes to the period or periods during which the
structure was built and/or altered.

e. The general compatibility of the plan of development and the
exterior design, arrangement, texture, and materials proposed to
be used.

f. The view of the structure or area from a public street, present or
future.

g. The present character of the setting of the structure or area and
its surroundings.

h. The probable effect of proposed construction on the natural
features in the vicinity of the resource/resource area including
trees, wooded areas, or terrain.

i. Any other factors, including aesthetics, which the plan-approving
authority deems to be pertinent in order to ensure compliance with
the intent and purpose of HISTORIC RICHMOND.

3-13-6 PERFORMANCE GUARANTEES

The plan-approving authority may require, when deemed appropriate, the
submittal of performance guarantees as provided by Section 2-6 in order
to ensure that the County has the ability to remedy actions taken which
compromised the integrity of resources intended to be protected by the
provisions of HISTORIC RICHMOND.

Page 55

3-14 WATERFRONT MANAGEMENT (WATER) OVERLAY DISTRICT

3-14-1 PURPOSE

The Waterfront Management (WATER) overlay district is designed to
protect and improve the water quality of the Chesapeake Bay, its
tributaries, buffer areas and other sensitive environmental lands by
minimizing the potential adverse effects of human activity upon these
areas. The regulations are intended to encourage and promote: (1)
protection of existing high quality state waters and restoration of all
other state waters to a condition or quality that will permit all
reasonable public uses and will support the propagation and growth to
inhabit them; (2) safeguarding the clean water of the Commonwealth from
pollution; (3) prevention of any increase in pollution; (4) reduction
of existing pollution; (5) promotion of water resource conservation in
order to provide for the health, safety and welfare of the present and
future citizens of the Commonwealth and the County; (6) provide for the
proper design and placement of water dependent Uses; (7) protection of
aquatic life, bird and other wildlife habitat; (8) conservation of
natural beauty and open space; and (9) to anticipate and respond to the
impacts of development in the WATER overlay district.

Additionally, this district is designed to prevent the loss of life and
property or the creation of health and safety hazards, the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief. This
district is also intended to prevent the impairment of the tax base as
a result of uses, activities, and development which, alone or in
combination with other existing or future uses, activities, and
development, will cause unacceptable increases in flood heights,
velocities, and frequencies by restricting or prohibiting certain uses,
activities, and development from locating within areas subject to
flooding and requiring all those Uses, activities, and developments that
do occur in' flood-prone areas to be protected and/or floodproofed
against flooding and flood damage. This district is also designed to
protect indiAriduals from buying lands and structures

Page 56

which are unsuited for intended purposes because of flood hazards; and
to ensure Richmond County residents to qualify for the insurance and
subsidies provided by the National Flood Insurance Program.

3-14-2 APPLICATION

Areas of applicability include the following areas:

a. Tidal wetlands.

b. Nontidal wetlands connected by BUrface flow and contiguous to tidal
wetlands or tributary streams.

C. Tidal Bhores.

d. A 100-foot vegetated buffer area located adjacent to and landward
of the areas mentioned above.

e. Slopes in excess of 25% which are contiguous to tidal wetlands,
tidal shores and connected nontidal wetlands.

f. Areas subject to inundation by waters of the one hundred-year (100)
flood. The basis for the delineation of the district Bhall be the
one hundred-year (100) flood elevations or profiles contained in
the Flood Insurance Study for Richmond County, Virginia, prepared
by the Feder,*l Emergency Management, Agency, Federal Insurance
Administration, dated March 16, 1989, as amended. T h e
Approximated Floodplain Area shall 'be that floodplain areas for
which no detailed flood profiles or elevations are provided, but
where a one hundred year (100)' flood elevations from federal,
state, and other acceptable sources Bhall be used, when available.
Where the specific one hundred-year (100) flood elevation cannot
be determined for this area UBing.other Sources of data, such as
the U.S. Army Corps of Engineers Floodplain Information Reportst
U.S. Geological Survey Flood-Prone Quadrangles, the Richmond County
Soil Survey, etc., then the applicant for the proposed use,
development, and/or - activity shall determine this elevation in
accordance with hydrologic and hydraulic engineering techniques.
Hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently-accepted technical concepts. Studies, analyses I
computations, etc., Bhall be submitted in sufficient detail to
allow a thorough review by Richmond County. The delineation of the
floodplain area may be revised by the plan-approving authority
where natural or man-made changes have occurred and/or where more
detailed studies have been conducted or undertaken by the U.S. Army
Corps of Engineers or other qualified agency or an individual
documents the need for such change. However, prior to any such
change, approval must be obtained from the Federal Insurance
Administration.

g. The following areas, which have been recommended for protection in
the Comprehensive Plan, if they are within any of the areas listed
above shall also be protected: important wildlife habitats;
natural Bites of significant Bcenic or aesthetic value; and areas
designated by federal, state or municipal governments as natural
areas of significance to be protected from development.

3-14-3 Lot Size and Building Setbacks

Page 57

The minimum requirements of the underlying base district shall prevail
for land development activities affected by the WATER District.
Proposed water dependent.facilities shall be provided with sufficient
areas landward of the Resource Protection Area (RPA) as described and
provided for in Section 3-14-5, floodplain and areas possessing slopes
in excess of twenty-five percent (25%) to accommodate related, auxiliary
and necessary non-water dependent activities which are not permitted
within the RPA.

3-14-4 TIDAL WETLAND MODIFICATION ACTIVITIES

a. Any person who desires to use or develop any tidal wetland other
than for those activities specified below shall first submit an
application to the Land use Administrator for a permit from the
Wetlands Board and shall send copies to the Virginia Marine
Resources Commission and the Virginia Institute of Marine Science.
The following activities, if permitted by this Ordinance, do not
require Wetlands Board review:

(1) The construction and maintenance of noncommercial catwalks,
piers, boat houses, boat shelters, fences, duckblinds,
wildlife management shelters, footbridges, observation decks
and shelters and other similar structures provided that such
structures are so constructed on pilings as to permit the
reasonably unobstructed flow of the tide and preserve the
natural contour of the marsh;

(2) The cultivation and harvesting of shellfish, and worms for
bait;

(3) Noncommercial outdoor recreational , activities, including
hiking, boating, trapping, hunting, fishing, shellfishing,
horseback riding, swimming, skeet and trapshooting, and shooting
preserves, provided that no structure shall be constructed except
as permitted by Section
3-14-4a; ..

(4) The cultivation and harvesting of agricultural or
horticultural products, grazing and haying;

(5) Conservation, repletion and research activities of the
Virginia Marine Resources Commission, the Virginia Institute
of Marine science, Commission of Game and Inland Fisheries
other related conservation agencies;

(6) The construction or maintenance of aids to navigation which
are authorized by governmental authority;

(7) Emergency decrees of any duly appointed health officer acting
to protect the public health;

(8) The norma '1 maintenance, repair or addition to presently
existing roads, highways, or the facilities of any person,
firm, corporation, utility, federal, state, county, city or
town abutting on or crossing wetlands, provided that no
waterway is altered and not additional wetlands are covered;

(9) Governmental activity on wetlands owned or leased by the
Commonwealth of Virginia, or a political subdivision thereof.

Page 58

3-14-5 RESOURCE PROTECTION AREA (RPA)

The Resource Protection Area (RPA), as delineated on the Richmond
County Chesapeake Bay Preservation Area Map, includes:

a. Tidal wetlands;

b. Nontidal wetlands connected by surface flow and
contiguous to tidal wetlands or tributary streams;

C. Tidal shores;

d. A 100-foot vegetated buffer area located adjacent to and
landward of the component listed in subsections a.-c. above,
and along both sides of any tributary stream.

Applicants are required to delineate on their plans of development the
features in a-d above if they exist on the site. when feasible and to
the greatest possible extent, a conservation easement shall be applied
to protect all RPA areas as part of any action requiring plan of
development approval. These areas shall be indicated on the zoning map
as 11ROSCO Conservancy." Additionally, RPA areas shall be left in common
open space whenever practicable as part of any major plan of development
approval.

3-14-6 SPECIAL USE PERMIT4

These uses will not only be evaluated as to how they af f ect land use and
the integrity of the base zoning district but also how they impact water
quality.

a. Redevelopment;

b. Watercraft construction, repair, maintenance, service, and
dismantling;

C. Marinas and mooring areas including yacht and boat club moorages;

d. Ecological and scientific reserves and on-site aquatic research
facilities;

e. Public waterfront parks;

f. Public use beaches and fishing piers;

g. Silvicultural activities provided that silvicultural operations
adhere to water quality protection procedures prescribed by the
Department of Forestry in its "Best Management Practices Handbook
for Forestry Operations".

3-14-7 EXEMPTIONS IN THE RESOURCE PROTECTION AREAS

The following land disturbances in Resource Protection Areas may be
exempted from this ordinance: (1) water wells; (2) passive recreation
facilities such as boardwalks, trails, and pathways; and (3) historic
preservation and archaeological activities, provided that it is
demonstrated to the satisfaction of the Land Use Administrator that:

a. Any required permits, except those to which this exemption
specifically applies, shall have been issued;

Page 59

b. sufficient and reasonable proof is submitted that the intended use
will not deteriorate water quality;

C. The intended use does not conflict with nearby planned or approved
uses; and

d. Any land disturbance exceeding an area of 2,500 square feet shall
comply with the erosion and sediment control requirements of
Section 4-8.

3-14-8 LOCAL UTILITY EXEMPTIONS IN THE RPA

Construction, installation, and maintenance of water, sewer, and local
gas lines shall be exempt from the provisions of this ordinance provided
that:

a. To the degree possible, the location of such utilities and
facilities shall be outside the RPA's;

b. No more land shall be disturbed than is necessary to provide for
the desired utility installation;

C. All construction, installation, and maintenance of such utilities
and facilities shall be in compliance with all applicable state and
federal requirements and permits and designed and conducted in a
manner that protects water quality; and

d. Any land disturbance exceeding an area of 2,500 square feet
complies with the erosion and sediment control requirements of
Section 4-8.

3-14-9 CONTINUATION OF LAWFUL USES IN THE RPA

The lawful Use of a building or structure which existed on the date of
adoption of th 'is ordinance or which exists at the time of any amendment
to this Ordinance, and which is not ip conformity with the provisions
of this Ordinance may be continued but is recognized and considered a
nonconforming use as provided for in Section 3-19-5. Development waiver
provisions for structures on legal nonconforming lots or parcels is
provided in Section 3-19-7.

3-14-10 RPA BUFFER AREA REQUIREMENTS

a. To minimize the adverse effects of human activities on the other
components of Resource Protection Areas, state waters, and aquatic
life, a 100-foot buffer area of vegetation that is effective in
retarding runoff, preventing erosion, and filtering nonpoint source
pollution from runoff shall be retained if present and established
where it does not exist.

b. The buffer area shall be located adjacent to and landward of other
RPA components and along both sides of any tributary stream. The
full buffer area shall be designated as the landward component of
the RPA.

C. The 100-foot buffer area shall be deemed to achieve a 75 percent
reduction of sediments and a 40 percent reduction of nutrients.
A combination of a buffer area not less than 50 feet in width and
appropriate best management practices located landward of the

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buffer area which collectively achieve water quality protection,
pollutant removal, and water resource conservation at least the
equivalent of the full 100-foot buffer area may be employed in lieu
of the 100-foot buffer if approved by the Land Use Administrator
after consideration of the Water Quality Impact Assessment (See
Section 3-14-13).

d. The buffer area shall be maintained to meet the following
additional performance standards:

(1) In order to maintain the functional value of the buffer area,
indigenous vegetation may be removed only to provide for
reasonable eight lines, access paths, general woodlot
management, and best management practices, as follows:

(2) Trees may be pruned or removed as necessary to provide for
sight lines and vistas, provided that where removed, they
shall be replaced with other vegetation that is equally
effective in retarding runoff, preventing erosion, and
filtering nonpoint source pollution from runoff;

(3) Any path shall be constructed and surfaced so as to
effectively control erosion;

(4) Dead, diseased, or dying trees or shrubbery may be removed
at the discretion of the landowner, and silvicultural
thinnin may be conducted )igsed upon the best available
technich information;

(5) For shoreline erosion control projects, trees and woody
vegetation may be removed, necessary control techniques
employed, and appropriatevegetation established to protect
or stabilize the shoreline in accordance with the beat
available technical advice and applicable permit conditions
or requirements.
When shoreline stabilization is-necessary, the design should rely
on non-structural rather than structural methods in order to
preserve natural shoreline vegetation. Bulkheading, riprap,
retaining walls, and similar shoreline hardening methods should be
avoided. Required shoreline stabilization shall be placed behind
vegetated wetlands. Where structural shoreline stabilization
methods are used, the plan of development shall be accompanied by
a maintenance plan which describes responsibility, procedures and
anticipated frequency of maintenance. In general structural
stabilization methods should be designed and constructed to be
maintenance free for a least 10 years with an expected life of 30
years.

(6) Designs shall not include filling on subaqueous land or in
wetlands for the purpose of creating highland property.

e. When the application of the buffer areas would result in the loss
of a buildable area on a lot recorded prior to October 1, 1989, the
Land Use Administrator may modify the width of the buffer area in
accordance with the following criteria:

(1) Modifications to the buffer areas shall be the minimum
necessary to achieve a reasonable buildable area for a
principal structure and necessary utilities;

(2) Where possible, an area equal to the area encroaching the
buffer area shall be established elsewhere on the lot or

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parcel in a way to maximize water quality protection; and

(3) In no case shall the reduced portion of the buffer area be
less than 50 feet in width.

3-14-11 AGRICULTURAL AREAS POSSESSING RPAs

on agricultural lands the agricultural buffer area shall be managed to
prevent concentrated flows of surface water from breaching the buffer
area and noxious weeds from invading the buffer area. The agricultural
buffer area may be reduced as follows:
a. To a minimum width of 50 feet when the adjacent land is
implementing a federal, state, or locally funded agricultural best
management practices program, provided that the combination of the
reduced buffer area and the best management practices achieve water
quality protection, pollutant removal, and water resource
conservation at least the equivalent of the 100 foot buffer area;

b. To a minimum of 25 feet when a soil and water quality conservation
plan, as approved by the local Soil and Water Conservation
District, has been implemented on the adjacent land. Such plan
shall be based upon the Field office Technical Guide of the U.S.
Department of Agriculture Soil Conservation Service and accomplish
water quality protection consistent with this ordinance;

C. The buffer area is not required for agricultural drainage ditches
if the adjacent agricultural land has in place best management
practices in accordance with a conservation plan approved by the
local Soil and Water Conservation District.

3-14-12 WATER QUALITY IMPACT ASSESSMENT REQUIRED FOR DISTURBANCES PROPOSED
WITHIN AN RPA

A water quality@ impact assessment shall be required and submitted in
conjunction with a plan of development application for any proposed
development or"'redevelopment within RPps and for any development within
RMAs when required by the Land Use Administrator because of the unique
characteristics of the site or intensity of development.

a. The purpose of the water quality impact assessment is to identify
the impacts of proposed development on water quality and lands
within RPAs and other environmentally sensitive lands, to ensure
that, where development does take place within RPAs and other
sensitive lands, it will be located on those portions of a site and
in a manner that will be least disruptive to the natural functions
of RPAs and other sensitive lands, to protect individuals from
investing funds for improvements proposed for location on lands
unsuited for such development because of high ground water,
erosion, or vulnerability to flood and storm damage; and specify
mitigation which will address water quality protection.

b. Water Quality Performance Standard

A water quality impact assessment Must demonstrate through acceptable
calculations that the remaining buffer area and necessary best
management practices will result in removal of no less than 75 percent
of sediments and 40 percent of nutrients from post-development
stormwater run-off. The assessment shall include a site drawing to
scale which shows the following:

Page 62

(1) Location of the components of the RPA, including the 100-foot
buffer area;

(2) Location and nature of the proposed encroachment into the
buffer area, including: type of paving material; areas of
clearing or grading; location of any structures, drives, or
other impervious cover; and sewage disposal systems or
reserve drainfield sites;

(3) Type and location of proposed best management practices to
mitigate the proposed encroachment.

(4) Any other information deemed necessary by the Land Use
Administrator which may include:

(a) A hydrogeological element that:

Describes the existing topography, soils, hydrology and
geology of the site and adjacent lands;

Describes the impacts of the proposed development on
topography, soils, hydrology and geology on the site and
adjacent lands; indicates the following:

Disturbance or destruction of wetlands and
justification for such action;
Disruptions or reductions in the supply of water to
wetlands, streams, lakes, rivers or other water
bodies;

- Disruptions to existing hydrology including wetland
and stream circulation patterns;

- Source location and description Of Proposed fill
material;

- Location of 'dredge material and location of dumping
area for such materials;

- Location of and impacts on shellfish beds, submerged
aquatic vegetation, and fish spawning areas;

- Estimation of pre- and post-development pollutant
loads in run-off;

- Estimation of percent increase in impervious surface
on site and type(s) of surfacing materials used;

- Percent Of Bite to be cleared for project;

- Anticipated duration and phasing schedule of
construction project;

- Listing of all requisite permits from all applicable
agencies necessary to develop project.

Describes the proposed mitigation measures for the potential
hydrogeological impacts. Potential mitigation measures
include:

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Proposed erosion and sediment control concepts;
concepts may include minimizing the extent of the
cleared area, perimeter controls, reduction of
run-off velocities, measures to stabilize disturbed
areas, schedule and personnel for site inspection;

Proposed stormwater management system;

Creation of wetlands to replace those lost;

Minimize cut and fill.

(b) Alandscape element that:

Identifies and delineates the location of all significant
plant material, including all trees on site ten (10) inches
or greater DBH. Where there are groups of trees, stands may
be outlined.

Describes the impacts the development or use will have on the
existing vegetation. Information should include:

General limits of clearing, based on all anticipated
improvements, including buildings, drives, and
utilities;

Clear delineation of all trees which will be removed;

Description of plant species to be disturbed or
removed.

Describes the potential measures for mitigation. Possible
mitigation measures include:

Replanting schedule for trees and other significant
vegetation removed for construction, including a
list of possible plants and trees to be used;
Demonstration that ithe design of the plan will
preserve to the greatest extent possible any
significant trees and vegetation on the Bite and will
provide maximum erosion control and overland flow
benefits from such vegetation;

Demonstration that indigenous plants are to be used to
the greatest extent possible.

(1) On-site disposal SySteMB not requiring a VPDES permit
shall:

Include calculations and locations of anticipated
drainfield or wastewater irrigation areas;

Provide justification for sewer line locations on
environmentally sensitive areas, where applicable, and
describes construction techniques and standards;

(2) on-site collection systems requiring a VPDES permit
Bhall:

Page 64

Discuss any proposed on-site collection and treatment
systems, their treatment leveis, and impacts on
receiving watercourses;

Describe the potential impacts of the proposed
wastewater systems, including the proposed mitigative
measures for these impacts.

(d) Identification of the existing characteristics and conditions
of sensitive lands included as components of the Chesapeake
Bay Preservation Areas, as defined in this ordinance.

(e) Identification of the natural processes and ecological
relationships inherent in the site, and an assessment of the
impact of the proposed Use and development of land on these
processes and relationships.

C. Evaluation Procedure

(1) Upon the complete review of a water quality impact assessment
associated with a proposed encroachment into the 100-foot
buffer area, the Land Use Administrator will determine if any
proposed modification or reduction to the buffer area is
consistent with the provisions of this Ordinance and make a
finding based upon the following criteria:

(a) The nec?ssity of the proposed encroachment and the ability
to place improvements elsewhere on the site to avoid
disturbance of the buffer area;

(b) Impervious surface is minimized;

(c)' Proposed best management practices, where required, achieve
the requisite reductions in pollutant loadings;

(d) The development, as proposed, meets the purpose and intent
of this Ordinance;

(e) The cumulative impact of the proposed development, when
considered in relation to other development in the vicinity,
both existing and proposed, will not result in a significant
degradation of water quality.

(2) Upon the completed review of a water quality impact
assessment affecting RPA components other than the 100-foot
buffer area, the Land Use Administrator will determine if the
proposed development is consistent with the purpose and
intent of this ordinance and make a finding based upon the
following criteria in conjunction with the plan of
development submittal:

(a) Within any RPA, the proposed development is water-dependent;

(b) The disturbance of wetlands will be minimized;

(d) The development will not result in significant degradation
to aquatic vegetation or life;

(e) The development will not result in unnecessary destruction

Page 65
. 11 1

of plant materials on sitel

M Proposed erosion and sediment control concepts are adequate
to achieve the reductions in run-off and prevent off-site
sedimentation;

(g) Proposed Btormwater management concepts are adequate to
control the stormwater run-off to achieve the required
standard for pollutant control;

(h) Proposed revegetation of disturbed areas will provide optimum
erosion and sediment control benefits;

(i) The design and location of any proposed drainfield will be
in accordance with the requirements with this Ordinance;

(J) The development, as proposed, is consistent with the purpose
and intent of this Ordinance;

(k) The cumulative impact of the proposed development, when
considered in relation to other development in the vicinity,
both existing and proposed, will not result in a significant
degradation of water quality.

(3) Upon receipt of a water quality impact assessment, the Land
Use Administrator may request the Chesapeake Bay Local
Assistance Dpartment (CBLAD) to review the assessment and
respond with written comments. Any comments by CBLAD will
be incorporated into the final review by the Land Use
Administrator, provided that such comments are provided by
CBLAD within 90 days of the request. The necessity for a
review by CBLAD may necessitate the automatic extension of
the time periods in which a decision is made as provided in
Article 2 of this Ordinance.

(4) The' Land Use Administrator shall require additional
mitigation where potential,impacts have not been adequately
addressed. Evaluation of mitigation measures will be made
by the Land Use Administrator on the criteria listed above
in sections 3-14-12c(l) and 3-14-12c(2).

(5) The Land Use Administrator shall find the proposal to be
inconsistent with the purpose and intent of this Ordinance
when the impacts created by the proposal cannot be mitigated.
Evaluation of the impacts will be made by the Land Use
Administrator based on the criteria listed above in sections
3-14-12c(l) and 3-14-12c(2).

3-14-13 EXCEPTION REQUESTS WITHIN THE RPA

a. Request for Exception

A request for an exception to the requirements of this Section shall
be made in writing to the Land Use Administrator. It shall identify
the impacts of the proposed exception on water quality and on lands
within the RPA through the performance of a water quality impact
assessment which complies with the provisions of 3-14-12.

b. Exception Review

Page 66

The Land Use Administrator shall review the request for an exception
and the water quality impact assessment and may grant the exception
with such conditions and safeguards as deemed necessary to further the
purpose and intent of this ordinance if the Land Use Administrator
finds:

(1) Granting the exception will not confer upon the applicant any
special privileges that are denied by this ordinance to other
property owners of Richmond County;

(2) The exception request is not based upon conditions or
circumstances that are self-created or self-imposed, nor does
the request arise from conditions or circumstances either
permitted or non-conforming that are related to adjacent
parcels;

(3) The exception request is the minimum necessary to afford
relief;
(4) The exception request will be consistent with the purpose and
intent of this ordinance, and not injurious to the
neighborhood or otherwise detrimental to the public welfare;
and

(5) Reasonable and appropriate conditions are imposed which will
prevent the exception request from causing a degradation of
water quality.

3-14-14 VARIANCE REQUESTS WITHIN THE RPA

If the Land Use Administrator cannot make the required findings or
refuses to grant the exception, the Land Use Administrator shall return
the request for an exception together with the water quality impact
assessment and the written findings and rationale for the decision to
the applicant, with a copy to the Board of Zoning Appeals. The
applicant may then apply to the Board of Zoning Appeals for a variance
in accordance with DMP-d (Section 2-1-2d).

3-14-15 BOARD OF ZONING APPEALS RESPONSIBILITY FOR VARIANCE REQUESTS WITHIN THE
RPA

- The Board of Supervisors shall consider the water quality impact
assessment and the findings and rationale of the Land Use Administrator
in determining consistency with the intended spirit and purpose of this
Ordinance.

3-14-16 PERMITTED USES WITHIN FLOODPLAIN AREAS POSITIONED LANDWARD OF THE RPA

Uses allowed in the underlying district shall be prohibited to the
extent not permitted by right or by special use permit in the WATER
District. Where any uses, structures or improvements will result in an
alternation to the floodplain, the plan of development application
alteration as per Section 3-14-20. The following uses, having a low
flood damage potential and causing no obstruction of flood flows, shall
be permitted within the WATER District.

a. Agricultural uses such as general farming, pasture, grazing
outdoor plant nurseries, aquaculture, horticulture, wild cro;
harvesting, vegetable gardens, truck farming, sod farming, and farm

Page 67

ponds designed by the soil conservation service. In addition,
timber harvesting is permitted upon submission of a Timber
Management Plan that has been approved by the Virginia Division of
Forestry.

b. Public or private recreational uses such as golf courses, driving
ranges, archery ranges, picnic grounds, swimming areas except for
swimming pools, wildlife and nature preserves, target ranges, trap
and skeet ranges, hunting and fishing areas, hiking and horseback
riding trails, play areas of natural, permeable nature, including
ball fields, and other similar park and open space uses.

C. Stormwater management.

d. Utility lines, public road crossings approved by the Virginia
Department of Transportation, and private drives serving one lot.

e. Repair, reconstruction or improvement of existing residences.

f. unpaved parking areas.

g. Incidental structures, not exceeding 840 square feet of floor area
such as structures including storage sheds, maintenance sheds,
backBtOPS, bath houses and locker rooms. Bulk storage of gasoline,
chemicals, fuels or similar substances are prohibited in the WATER
District.

h. Temporary storage of material or equipment necessary in the
construction of uses or structure permitted by right or special use
permit in the WATER District.

i. Restoration and rehabilitation of historic structures included on a
federal, state or local historic register.

3-14-17 SPECIAL USE PERMITS WITHIN FLOODPLAIN AREAS POSITIONED LANDWARD OF THE
RPA

a. Special Use Permits

These uses will not only be evaluated as to show they impact the
floodplain but also how they affect land use and the integrity of the
base zoning district.

(1) Incidental structures, greater than 840 square feet of floor
area, associated with uses permitted by right or special use
permit exception in the WATER District.

(2) Marinas, boat rentals, docks, piers, wharves, and incidental
structures associated with such uses, such as bath houses and
locker rooms.

(3) Riding stables.

(4) Circuses and similar transient amusement enterprises.

(5) Basketball and tennis courts.

(6) swimming pools.

(7) Fishery uses such as fish hatcheries, fish harvesting.

Page 68

b. Standards for the Issuance of Special Use Permits

In considering applications for special use permits, the plan-approving
authority must be satisfied that the following standards have been met:

(1) The proposed use will not increase the danger to life and
property due to increased flood heights or velocities caused
by encroachments.

(2) The proposed use will not increase the danger that materials
may be swept on to other lands or downstreams to the injury
of others.

(3) The proposed water supply and sanitation systems are designed
to prevent disease, contamination, and unsanitary conditions.

(4) The proposed use or structure must be located and designed
to limit its susceptibility to flood damage, and available
alternative locations, not subject to flooding, for the
proposed use MUBt be considered.

(5) The proposed use is compatible with existing and planned
development.

(6) The proposed use is in harmony with the Comprehensive Plan.

(7) The expected heights, velocity, duration, rate of rise and
sediment transport of the flood waters expected at the site
should not cause significant 'damage to the structure.

(8) Such other standards as applied to special use permits in
general.

3-14-18 WHEN RESIDENTIAL STRUCTURES ARE PERMITTED IN FLOODPLAIN AREAS POSITIONED
LANDWARD OF THE RPA

A residential structure may be constructed within the floodplain area
landward of the RPA if the following conditions are met:

a. The lot was a lot of record as of the date this ordinance was
adopted.

b. There are no areas outside of the floodplain on the lot upon which
the residence can be constructed.

C. The lowest horizontal structural member of the dwelling shall be
at least one foot above the elevation of the floodplain.

d. The residential structure shall not be a manufactured home unless
elevated one foot above the floodplain, anchored in accordance with
the Virginia Uniform Statewide Building Code and in compliance with
the requirements of Sectin 3-15.

3-14-19 DESIGN CRITERIA FOR UTILITIES AND FACILITIES WITHIN FLOODPLAIN AREAS
POSITIONED LANDWARD OF THE RPA

a. Sanitary Sewer Facilities

All new or replacement sanitary sewer facilities and private package
sewage treatment plants (including all pumping stations and collector

Page 69

systems) shall be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the systems into the
floodwaters. In addition, they should be located and constructed to
minimize or eliminate flood damage and impairment.

b. Water Facilities

All new or replacement water facilities shall be designed to minimize
or eliminate infiltration or flood waters into the system and be
located and constructed to minimize or eliminate flood damages.

C. Drainage Facilities

All storm drainage facilities shall be designed to convey the flow of
surface waters without damage to persons or property. The systems
shall ensure drainage away from buildings and on-site waste disposal
siteB. The plan-approving authority may require a primarily
underground System to accommodate frequent floods and a secondary
surface system to accommodate larger, less frequent floods. Drainage
plans shall be consistent with local and regional drainage plans. The
facilities shall be designed to prevent the discharge of excess runoff
onto adjacent properties.

d. Utilities

All utilities, such as gas lines, electrical and telephone systems
being placed in flood-prone areas should be located, elevated and
constructed to minimize the chance of impairment during a flooding
occurrence.

e. Streets and Sidewalks

Streets and sidewalks should be designed to minimize their potential
for increasing and aggravating the levels of flood flow. Drainage
openings shall,be required to sufficiently discharge flood flows
without unduly increasing flood heights.

3-14-20 ENGINEERING AND ENVIRONMENTAL CRITERIA FOR PROPOSED ALTERATIONS TO
FLOODPLAIN AREAS POSITIONED LANDWARD OF THE RPA

All proposed alterations to the floodplain shall be reviewed by the
plan-approving authority to determine whether the following criteria
have been met:

a. Alterations to the floodplain shall result in no off-site increase
in the water surface elevation of the base flood. Alterations in
the f loodway shall result in no rise in the water surface elevation
of the base flood. The floodway is the unobstructed portion of the
floodplain consiBting of the water channel and overbank areas
capable of conveying the deep and fast moving water discharge of
the base flood as defined in the Federal Emergency Management
Agency study.

b. Alterations to the floodplain shall not create erosive water
velocity on or off site (where erosive water velocity is based on
analysis of the surface material and permissible velocities for
specific CrOSB sections affected by the proposed alteration, using
standard engineering tables as a general guide), and the mean
velocity of stream flow at the downstream end of the site after
alteration shall be no greater than the mean velocity of the stream
flow under existing conditions.

Page 70

C. Relocation or alteration of the natural channel shall not be
permitted without a complete stream rehabilitation program depicted
on a floodplain alteration plan.

d. The maximum allowable slope of any filled area on the floodplain
alteration plan shall be 3:1.

e. The floodplain alteration plan shall further include plans for
erosion control of cut and fill slopes and restoration of excavated
areas. The site plan should incorporate the use of natural
materials (earth, stone, wood) on cut and fill slopes and provide
for tree protection wherever possible.

f. Alterations to the floodplain shall be in conformance with the
provisions of Section 4-8 and the Erosion and Sediment Control Law,
VA Code Section 21-89.1 et sea.

g. The flood carrying capacity within the altered or relocated portion
of any watercourse shall be maintained.

3-14-21 EXISTING STRUCTURES WITHIN THE FLOODPLAIN

A structure or use of a structure or premises which lawfully existed
before the enactment of these provisions, but which is not in conformity
with these provisions, may be continued subject to the following
conditions: I

a. Any modification, alteration, repair, reconstruction, or
improvement of any kind to a structure and/or use located in any
floodplain district to an extent or amount of less than fifty (50)
percent of its market value, shall be elevated and/or floodproofed
to the greatest extent possible.

b. The modification, alteration, repair, reconstruction, or
improvement of any kind to a structure and/or use, regardless of
its location in a flood plain district, to an extent or amount of
fifty (50) percent or more of its market value shall be undertaken
only in full compliance with the provisions of the Virginia Uniform
Statewide Building Code. . I
C. Uses or adjuncts thereof which are, or become, nuisances shall not
be permitted to continue.

3-14-22 RESTRICTIONS ON DISTURBANCES OF SLOPES IN EXCESS OF TWENTY-FIVE PERCENT
(25%) WHICH ARE CONTIGUOUS TO TIDAL WETLANDS, TIDAL SHORES OR CONNECTED
NONTIDAL WETLANDS

a. Roads and drives shall not be allowed on slopes of greater than
25%, except where no other options exist to access a property.

b. Land disturbing activities such as clearing and grading shall not
be permitted on slopes in excess of 25%, except for minimal
clearing as needed, for roads and drives.

C. No dwelling shall be constructed on slopes greater than 25%.
Additionally, slopes of 25% or greater shall not be used for
drainfields.

d. Clear cutting of trees shall not be permitted. Selected thinning

Page 71

based upon best management practices and in accordance wtih a plan
approved by the plan-approving authority is permitted.

3-15 AFFORDABLE HOUSING (AFFORDABLE) OVERLAY DISTRICT

3-15-1 PURPOSE

It is the intent of this overlay zoning district to provide the
opportunity for the use of low and moderate income housing throughout
the County where appropriate and to the extent that it is needed for the
residents of Richmond County. The opportunities provided by this
section of the Ordinance for the Use of manufactured housing are in
addition to affordable housing opportunities provided within the ROSCO
zoning district.

3-15-2 ADMINISTRATIVE PROVISIONS

a. Permits Required

No manufactured home shall be located or relocated within Richmond
County until a certificate of compliance and a manufactured home
placement permit as provided for in Section 2-8-1 of this Ordinance are
issued. No permit shall be granted for residential use of a
manufactured home in Richmond County until an approved water well and
septic tank disposal system has been installed and certified
operational by the Health Officer.

Once all requirements have been met regarding the placement of a
manufactured home within Richmond County except for the installation
of water and septic disposal systems, the Building Official shall
provide to the applicant a "Conditional Certificate" which shall
guarantee the issuance of a permit when the approved water well and
septic tank disposal system has been installed and certified
operational by the County Sanitarian, Virginia Department of Health.

b. Right to Refuse a Building Permit

(1) In,order to exercise the intent of this Ordinance and provide
control over the number and location of manufactured homes
inRichmond County, the County reserves the right to refuse
to issue a building permit when, in its judgment, an
individual manufactured home or manufactured home
park/ subdivision is not in keeping with the intent and
purpose of this Ordinance.

(2) Any person or persons whose application for a permit has been
denied may request and shall be granted a hearing on the
matter by the Board of Zoning Appeals

C. Entry into the County/Relocation Within the County

(1) No person, persons, firm, corporation, manufactured home
dealer or seller, installer, or transporter shall move or
transport a manufactured home into Richmond County for the
purpose of said manufactured home being eventually located
in the County without first having obtained a Certificate of
Compliance/manufactured home placement permit.

(2) No person, persons, firm, corporation, manufactured home

page 72

dealer or seller, installer, or transporter shall move,
transport, store, or maintain a manufactured home within the
boundaries of Richmond County for the purpose of relocating
said manufactured home onto another site within the County
without first having obtained a Certificate of
Compliance/manufactured home placement permit.

d. Notification of Delivery

The County building official must be present and on the site at the
time that a manufactured home is delivered to any such site within the
boundaries of Richmond County for the purpose of being set up on such
site. It shall be the responsibility of the homeowner, landowner,
seller, manufactured home dealer, installer, and hauler to ensure that
the building official has been notified at least 24 hours in advance
of the delivery and that a time suitable to the building official has
been arranged for such delivery. No manufactured home shall be set on
a site until the Building official is present and has inspected the
site.

The building official shall be notified that a manufactured home will
be moved or transported within the County to a location within the
County and shall be provided with the following information:

(1) Destination
(2) Date
(3) Time
(4) Owner
(5) Landowner
(6) Title Number
(7) Serial Number
(8): Make
(9)' Model
(10) Year
(11) Dimensions (length and width)
(12) HUD Number

e. Certificate of occupancy

No individual manufactured home shall be occupied until a Certificate
of Occupancy shall have been issued by the Building Official.

(1) The Certificate occupancy shall not be issued until the
following have been completed, inspected and approved by the
Building official:

Footing/foundation inspection;

Mounting/support pillar inspection;

Anchoring/tie-down inspection;

Drainage line inspection;

Water line inspection;

Step, BtOOP, and handrail inspection;

Electrical power supply approval inspection;

(2) After these have been approved by the Building Official and

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occupancy is imminent, a certificate of occupancy shall be
issued.

(3) Within thirty (30) days after receipt of the certificate of
occupancy, the owner or occupant shall verify to the Building
official that a successful bacteriological examination of the
water to be used within the manufactured home has been
completed.

f. Compliance

(1) The owner, landowner, permit holder, or their authorized
agent shall bring the manufactured home into compliance with
the Provisions of the Virginia Industrialized Building Safety
Law, and the Virginia Uniform Statewide Building Code, as
amended, within sixty (60) days after the issuance of the
manufactured home placement permit.

(2) Should the manufactured home not be in compliance as stated
above within the initial sixty (60) days, the Building
official shall give written notice to the owner, landowner,
or permit holder, that unless the necessary conditions or
practices to bring the structure into compliance are
completed within an additional thirty (30) days, to the
satisfaction of the building official the Building Official
shall immediately initiate the appropriate legal proceedings.

g. Notification of Removal

The Building Official and the Land Use Administrator shall be notified
within ten (10) days of the removal of a manufactured home from
Richmond County.

h. Removal of a Replaced Manufactured Home Within Sixty (60) Days

A manufactured homeowner who has replaced a manufactured home with
another dwelling structure on his laqd to which he has occupied shall
have sixty (@O) days in which to remove the manufactured home from his
property, either by sale or other means.

i. Removal of a Unit Located or Relocated in the County Without a
Permit

(1) If a manufactured home is illegally located or relocated in
Richmond County in violation of this Ordinance, the Land Use
Administrator, after giving ten (10) days notice to the owner
of the manufactured home or the owner of the real property
on which the manufactured home is located if the owner of the
manufactured home cannot be determined or located, shall have
the right to cause the removal of the manufactured home from
its location and store the manufactured home in a location
approved by the County for that specific enforcement purpose
until such time as it is reclaimed by the owner. The
expenses of removing the manufactured home and storing it
shall be a lien against the manufactured home and must be
paid before the manufactured home is released to the owner,
provided that the County shall not be required to release the
manufactured home until such time as the owner can present
evidence that the manufactured home will be removed from the
County or located in the County in conformance with this
Ordinance. Richmond County, its Board of Supervisors, or any

Page 74

Of its agents shall not be responsible for any damage
occurring to the unit in the process of moving or storing it
as required under this section.

(2) It is further provided that after thirty (30) days, the Board
shall have the right to enforce the lien against any
manufactured home removed or stored under the provisions of
this section by following the provisions of Section 43-34 of
the Code of Virginia, 1950 as amended, or by following the
provision of any Code section replacing Section 43-34.

j. Enforcement

(1) The Health Officer, Land Use Administrator, and Building
Official are authorized, empowered, and directed to make
periodic and frequent inspections throughout the county to
ascertain whether there are manufactured homes or
manufactured home subdivisions /parks within the county in
violation of county and state laws. The Health Officer shall
notify the Building Official of any such violations BO that
action may be taken to correct the situation.

(2) The Land Use Administrator and the Building official shall
have the right, at all reasonable hours, to enter onto any
landowner's property for examination as to compliance with
all local, state, and federal laws and regulations.
k. Violation and IPenalty

(1) Whenever, upon inspection of any manufactured home, the
Health Officer, Land Use Administrator, or Building official
finds that conditions exist which are in violation of any of
the provisions of the Virginia Industrialized Building and
Manufactured Home Safety Regulations, the Virginia Uniform
Statewide Building Code, or this Ordinance, the Land Use
Administrator/ Building official shall give written notice to
the owner, landowner, and/or permit holder that unless such
conditions or practices are corrected within thirty (30)
days, such owner, landowner, or permit holder shall be deemed
in violation of the appropriately referenced regulation, law
or code.

(2) Any person, persons, firm, or corporation which fails to
comply with any or all or the requirements of the
aforementioned codes or laws or directions Of the Building
Official shall be liable to the penalties as provided in
Section 2-9-3. The imposition of a fine or penalty for any
violation or noncompliance shall not excuse the violation or
noncompliance or permit it to continue; all such persons
shall be required to correct, abate, or remedy such
violations or noncompliance within a reasonable time. A
reasonable compliance time should normally not exceed thirty
(30) days.

3-15-3 GENERAL REQUIREMENTS

a. No mobile home shall be positioned so as to be visible from the
following roadways, rivers and waterbodies:

b. No mobile home park or subdivision shall exceed twenty-five (25)
units in size. Mobile home parks and subdivisions shall have a
gross density of one unit per ten acres.

Page 75

C. No mobile home park or subdivision shall be located within 1,000
feet of a single family dwelling.

d. Mobile Homes Prohibited in Hurricane Zone
No mobile homes shall be located in any area in Richmond County
designated as a "hurricane zone" unless such mobile home is brought up
to current HUD standards for manufactured homes.

e. Individual Sewage Disposal System
No individual manufactured home shall be connected to the sewer system
of any other manufactured home or to the sewer system of any other main
structure.

f. Perimeter Enclosure

(1) Every manufactured home to be located or relocated in
Richmond County shall be skirted on all four sides; skirting
shall be securely fastened in place. The skirting shall be
installed prior to the issuance of an occupancy permit and
the authorization for electrical service.

(2) Skirting shall be of rigid weatherproof material approved by
the Building official. Any such skirting shall be properly
vented and supplied with an approved means of access to meet
the requirements Of the Building Code.

g. Main Structure

All manufactured homes to be occupied as a dwelling shall be considered
a main structure and regulated as such.

h. Existence of An Approved Water Well and Septic Tank System Before
Placement of the Manufactured Home on the Site

No person, persons, firm, corporation, manufactured home dealer or
seller, installer or transporter shall locate or relocate a
manufactured home within the boundaries of Richmond County for the
purpose of being eventually used as aldwelling without first verifying
that an approved water well and septic tank system has been installed
before placing the manufactured home on the site.

i. Replacement

Existing mobile or manufactured homes may be replaced with manufactured
home units meeting the requirements of this ordinance.

J. Recreational Vehicles

Recreational vehicles are not intended as single family dwellings and
shall not be used as such in Richmond County. Any such use shall be
considered a violation of this ordinance.

k. Additions to the Manufactured Home

(1) Any addition (such as a room, deck, or screened porch) to a
manufactured home shall require a permit issued by the
building official. Any such addition shall comply with this
ordinance and the applicable requirements for the Virginia
Uniform Statewide Building Code, including amendments
thereto.

(2) The Land Use Administrator may, at his discretion, order the

Page 76

immediate removal of any appurtenance or detached structure
for which no certificate of compliance or certificate of
occupancy was obtained.

1. Manufactured Homes May Not Be Used for Storage Purposes

No manufactured home shall be located or relocated in Richmond County
exclusively for the purpose of being used for storage purposes. The
Land Use Administrator shall immediately initiate legal proceedings for
the removal of such manufactured home.

M. Manufactured Home May Not Be Used as a Rental Unit Except as
Provided

No manufactured home shall be located or relocated on an individual lot
within Richmond County for the sole purpose of providing rental housing
unless the occupant is an employee on the farm upon which the
manufactured home is located in which case only one manufactured home
may be used as such per each farming operation. All other manufactured
homes to be used for rental hOUBing shall be located only within
approved manufactured home parks.

n. compliance with this Ordinance and the Comprehensive Plan

The proposed placement of a manufactured home in Richmond County shall
comply with this Ordinance as applicable including the plan of
development process and the Comprehensive Plan.
t
0. A Community Impact Assessment as provided by Section 2-2-6 may be
required to be submitted in conjunction with applications for
manufactured home subdivisions and manufactured home parks.

p. Home Occupations

Manufactured homes may be used for home occupations, as defined.

3-15-4 MANUFACTURED HOMES LOCATED OUTSIDE OF MOBILE HOME PARKS AND MOBILE HOME
SUBDIVISIONS

a. Minimum Lot Size

Individual manufactured home lots shall comply with the lot size
requirements of Section 3-10-9c.

b. Minimum Setback

The minimum setback requirements shall comply with the requirements of
Section 3-10-9e.

C. owner occupied

Any individual manufactured home located in Richmond County shall be
placed on its own recorded parcel of land, and shall be owner/occupied.

d. Separate lots created in accordance with Sections 3-10-5f and 3-10-
6f may be used for owner occupied manufactured homes.

e. Conditions Under Which a Manufactured Home May Share a Lot with
Another Manufactured or Detached Single Family Dwelling

Page 77

(1) the occupant of a manufactured home placed upon 'a parcel with
an existing dwelling shall be a family member of the parcel
owner, meaning child, spouse, parent, sibling, grandparents
and grandchildren; and

(2) no more than two units shall be placed upon a parcel with an
existing dwelling; and

(3) the area to be occupied by the manufactured home shall meet
all requirements of lot size and setbacks, exclusive of a
reasonable area occupied by the existing dwelling, such area
to be determined by the Land Use Administrator and which
shall include, at a minimum, the existing dwelling, driveway,
septic System and drainfield, and well; and

(4) there shall be at least fifty (50) feet distance between the
manufactured home and the existing dwelling; and

(5) such manufactured home shall have a sewage disposal system
which is separate from the existing structure and other
manufactured home on the parcel.

Page 78

f. Manufactured Home Used for a Temporary Dwelling

(1) A manufactured home may be used for temporary dwelling for
up to two (2) years during construction of a primary dwelling
unit. The manufactured home must meet all requirements of
this Ordinance, however, a relaxation of the dimensional
requirements (setbacks, lot size and width, etc.) may be
allowed so that the primary dwelling structure may receive
optimal placement.

(2) Building permits for the manufactured home and the primary
dwelling unit must be obtained concurrently.

(3) A performance bond in the amount of $1,000 must be posted
before a permit is issued. The bond will be released with
interest upon the removal of the manufactured home from the
premises.

(4) If more than two (2) years is needed to complete construction
on the primary dwelling the applicant Must request an
extension of time from the Land Use Administrator. . An
extension no longer than one (1) year may be granted but only
if significant progress towards permanent construction has
been visually evidenced.

g. Surveyor's Certificate
When it is diffIcult for the Land Use Administrator to determine that
the location of a manufactured home is in accordance with the setback
requirements, he may request that the placement be certified by a
registered land surveyor and a verifying survey be completed and
submitted. The,owner shall pay the cost for any such survey.

3-15-5 MANUFACTURED HOME PARKS

a. Density
The total dens,ity of any manufacturLd home park shall not exceed one
(1) unit per four (4) gross acres, and the net density on any
particular acre within such park shall not exceed five (5) units per
acre.- Land outside of the immediate bounds of the manufactured home
park shall be protected by a conservation easement and be identified
as 11ROSCO Conservancy" on the zoning map.

b. Minimum Park Size - Number of Spaces

The minimum area for any manufactured home park exclusive of lands
proposed as "ROSCO Conservancy" shall be two (2) acres, and the minimum
number of spaces completed and ready for occupancy before first
occupancy is permitted shall be six (6), unless otherwise permitted by
the plan-approving authority.

C. Minimum Lot Size

The minimum area for any individual manufactured home lot including the
area required for the mobile home stand within the park shall be eight
thousand (8,000) square feet. The minimum average width for each
manufactured home lot shall be sixty-five (65) feet, except that for
any stands designed for manufactured homes greater than fifteen (15)
feet in width, the minimum average lot shall be one (1) additional foot
over for every additional foot of width of*the manufactured home.

Page 79

d. Yard and Setback Requirements

The minimum distance from the line or corner of any manufactured home
stand to a private access drive, a common parking area, a common walk,
a buffer strip, or other common area shall be fifteen (15) feet.
Patios, carportB, and individual storage facilities maybe disregarded
in determining yard widths.

e. Buffer Area

Each manufactured home park shall utilize the 11ROSCO Conservancy" areas
as a buffer area around its perimeter (Section 4-12-6).

f. The Manufactured Home Lot

No manufactured home park lots shall be offered for sale or sold. The
limits of each manufactured home lot shall be marked on the ground by
suitable means. Location of lot limits on the ground shall be the same
as shown on approved plan of development. Each lot shall be landscaped
to the extent required by Section 4-12-5f.

g. Manufactured Home Stand

(1) The. manufactured home stand shall be an improved area to
provide adequate support for the placement and tie-down of
the manufactured home. Each stand shall be constructed of
an appropriate material properly placed, graded and
compacteA, so as to be durable and adequate for the support
of the maximum anticipated loads" during all seasons, and
shall not heavej shift, or settle unevenly under the weight
of the manufactured home due to frost action, inadequate
drainage, or other forces.

(2) The manufactured home stand shall be of sufficient size as
to be suitable for the adequate support of manufactured homes
of the dimensions anticipated.
(3) The locat'ion of each manufactdred home stand shall be at such
elevation, distance, and,angle in relation to the access
street that placement and removal of the manufactured home
is practical.

h. Accessary Structures

Accessory structures shall depend upon the manufactured home and shall
not provide complete independent living facilities with permanent
provisions for sleeping, cooking, or sanitation. Such structures shall
be erected or constructed on a manufactured home lot as directed by the
management of the manufactured home park, as required by applicable
national, state, or local standards, and as specified herein:

(1) Accessory structures shall not obstruct required openings for
light and ventilation of the manufactured home, and shall not
prevent inspection of manufactured home equipment and utility
connections.

(2) Construction and electrical installations, unless otherwise
specified, shall comply with applicable ANSI Standard A119.1.

(3) Electrical circuits supplying the accessory structure shall
be independent of the circuit supplying the manufactured
home.

Page 80

i. Recreation Area

(1) Not less than ten (10) percent of the gross site area shall
be devoted to active recreational facilities, generally
provided in a central location.

(2) Recreation facilities shall include playground equipment
(swings, slide and sandbox), one basketball backboard with
a paved play surface, and an area 30,000 square feet in size
suitably shaped for a ball field.

(3) Recreation areas shall be located so as to be free of traffic
hazards.

J. Driveways

(1) Improved driveways should be provided on lots where necessary
for convenient access to manufactured homes. The minimum
width in such case shall be ten (10) feet.

(2) The design criteria for automobile parking shall be based on
two parking spaces for each manufactured home lot. Parking
may be in tandem.

k. Streets

Streets shall comply with the requirements of Section 4-3. The
standards for pqLved tertiary subdivision streets shall serve as a
minimum standard.

1. Utilities -

(1) Utilities shall comply with Section 4-5 and 4-6.

(2) The water system of all manufactured home parks shall have
at least one fire hydrant available for hook-up by the Fire
Department. The minimum size connection shall be one and
one-half inches (1-1/211).

M. Refuse Handling

Refuse handling shall comply with Section 4-15.

n. Registration of Occupants

Every manufactured home park owner or operator shall maintain a
register containing a record of all manufactured homes and occupants
using the manufactured home park. This register shall be available to
any authorized person inspecting the park, to the Commissioner of
Revenue of Richmond county, and any law enforcement officer in the
performance of his official duties. It shall be preserved for a period
of not less than three (3) years. The register shall contain the
following information:

(1) Name and address of each occupant, with ages of all occupants
under the age of eighteen (18) years old;

(2) Manufactured home license number, if any, serial number, and
manufacturer's name;

(3) Automobile licanse.number of occupant;

Page 81

(4) Manufactured home space to which assigned;

(5) Last place of location;

(6) Date of Arrival;

(7) Date of Departure.

3-15-6 MANUFACTURED HOME SUBDIVISIONS V

a Permitted Uses
;ingle family detached dwellings
Manufactured homes
Community recreation facilities, including parks, playgrounds,
clubhouses, boating facilities, swimming pools, ball fields, tennis
courts, and other similar recreation facilities
Accessory buildings or structures

b. The requirements of Sections 3-10-4a and b and 3-10-9a,c,dpe,f,g
and h apply in its entirety. 3-10-9a, c-h shall apply equally to
manufactured home subdiViBions.

3-16 SUPPLEMENTAL DISTRICT REGU@ATIONS

3-16-1 USES NOT SPECIFICALLY PERMITTED

Uses not specifically permitted in any district established by this
chapter shall not be allowed. Persons desiring inclusion in the Zoning
ordinance of a use not specifically permitted shall apply for an
amendment to the text of the Zoning Ordinance following the provisions
of Section 2-5-l..'

3-16-2 RIGHT TO FARM

The right to farm all land is hereby recognized to exist as a natural
right and is also hereby ordained to exist as a permitted use everywhere
in the County, regardless of zoning designation and regardless of
:
pecified uses and prohibited uses set forth elsewhere in this chapter,
ubject only to State and County restrictions and regulations for
intensive fowl or livestock farms. The right to farm as it is used in
this section includes the use of large irrigation pumps and equipment,
aerial and ground seeding and spraying, large tractors, numerous farm
laborers and the application of chemical fertilizers, insecticides, and
herbicides; ail for the purpose of producing from the land agricultural
products such as vegetables, grains, hay, fruits, fibers, wood, trees,
plants, shrubs, f lowers and seeds. This right to farm shall also
include the right to use land for grazing by animals, subject to
restrictions for intensive fowl or livestock farms. The foregoing uses
and activities included in the right to farm, when reasonable and
necessary for the particular farming, livestock or fowl production, and
when conducted in accordance with generally accepted agricultural
practices, may occur on holidays, Sundays and weekdays, at night and in
the day, and the noise, odors, dust and fumes that are caused by them
are also specifically permitted as part of the exercise of this right.

It is expressly found that whatever nuisance may be caused to others by

Page 82

such uses and activities so conducted is more than of f set by the
benefits from farming to the neighborhood and community, and to society
in general, by the preservation of open space, the beauty of the
countryside, clean air and by the preservation and continuance of
farming operations in Richmond County and in Virginia as a source of
agricultural products for this and future generations.

3-16-3 ACCESSORY USES

Accessory uses and structures shall be permitted in any zoning district,
unless qualified herein, but only in connection with, incidental to, and
on the same lot with a principal use or structure which is permitted
within such district.

a. Accessory Uses Permitted in Conjunction with Residential Uses
The following accessory uses shall be permitted in conjunction with
residential uses:

(1) Antenna structures for radio, television, and other
noncommercial communication purposes subject to the following
provisions:

All locational standards and setbacks applicable to accessory
structures shall be observed;

Antennas up to 50 feet in height shall be permitted only on lots
in excess oftfifty (50) acres in size.

The above provisions notwithstanding, dish antennas shall be
subject to the following standards:

Dish antennas shall not exceed twelve (12) feet in diameter and
fifteen (15) feetin height.

Dish antennas shall be permitted in rear yards only. No part of
a 'dish antenna shall be closer than fifteen (15) feet to any lot
line. I' I

All dish antennas and the construction and installation thereof
shall conform with applicable requirements of the Uniform Statewide
Building Code. No dish antenna may be installed on a portable or
moveable device. ;

Dish antennas are not permitted within Rural Village option areas.

The above provisions shall not apply to any dish antenna used by
a cable company POBSeSsing a valid franchise issued by the Richmond
County Board of Supervisors.

(2) An accessory detached dwelling is permitted In the Rural
Village and Rural Hamlet option areas subject to:

it being positioned within a rear yard;

it being at least ten (10) feet from a property line;

it being clearly accessory in size to existing principal
dwelling;

it not being permitted on one lot already containing a duplex
structure;

Page 83

it being architecturally compatible with the principal use;

the principal dwelling on the lot being owner-occupied; if
the principal dwelling is not occupied by the owner, the
accessory detached dwelling may not be occupied, or vice-
versa.

Accessory dwelling units shall not count toward the total permitted
lot yield.

(3) Barns or other structures that are customarily incidental to
an agricultural use.

(4) Carports, garages, utility sheds, and similar storage
facilities customarily associated with residential living.

(5) Child's playhouse, without plumbing.

(6) Private kennels on lots in excess of five (5) acres.

Page 84

(7) DoghOUBes, pens, or similar structures for the housing of not
more than four (4) commonly accepted domestic animals over
the age of six (6) months. The keeping of more than four (4)
such animals over the age of six (6) months shall be deemed
a private kennel (see 3-16-2a(6) above).

(8) Home occupations as permitted and regulated in Section 3-16-
3.

(9) Parking or storage of small cargo or utility trailerst
recreational vehicles and similar equipment, including, but
not limited to, boats, boat trailers, motor homes, tent
trailers and horse vans, provided that the following
requirements are observed:

such equipment shall not be used for living, housekeeping or
business purposes when parked or stored on the lot;

wheels or other transporting devices shall not be removed except
for necessary repairs and/or seasonal storage;

storage shall not be permitted in side yards or within the front
yard setback.

(10) Outdoor recreation facilities such as swimming pools, tennis
courts, basketball courts, private boat docks, piers or boat
houses, provided that the use of such facilities shall be
limitep to the occupants of the premises and guests for whom
no admission or membership fees are charged and are permitted
within the base or overlay district in which the lot or
parcel is located.

(1l) Fences or walls provided that:
fences or walls located in rear yards shall not exceed six (6) feet
in height;.,

fences or walls located in fronp or side yards shall not exceed
four (4) feet in height, provided however, that a fence not
exceeding BiX (6 ') feet in height may be extended from the rear yard
into any side yard only if a side entrance exists and then only to
a point not more than f ive (5) feet beyond any side entrance to the
main residential building;

chain link fences are not permitted in Rural Village or Hamlet
option areas;

electrical fences and fences using barbed wire shall be prohibited
in residential areas as determined by the Land Use Administrator;

the above standards shall not be deemed to prohibit any fences or
walls which may be required for screening, security or safety
purposes by other sections Of this Ordinance; and the above
provisions notwithstanding, the Land Use Administrator may
authorize the erection of a fence not exceeding eight (8) feet in
height in a rear yard or in a Bide yard area, but not closer to the
front of the lot than the front of the principal building, when
such fence is determined to be necessary, in the opinion of the
Land Use Administrator, for purposes of screening views from or
into windows located on the Bide of the subject residence or for
rear yard privacy purposes. In addition to the above, such privacy
fences not exceeding eight (8) feet in height may be extended

Page 85

further into a side or front yard area when considered necessary
in the opinion of the Land Use Administrator to provide screening
for existing residential development.

(12) Roadside sales of produce provided that such operations shall
be limited to the sale of produce grown or raised on the
premises and shall provide off-street parking for not less
than three (3) vehicles.

(13) Yard/garage sales subject to the following provisions:

Items offered for sale shall be limited to those which are owned
by an occupant of the premises or authorized participants and which
are normally and customarily used or kept on a residential
premises. Such items shall not have been specifically purchased
or crafted for resale;

Participation in such sale shall be limited to the occupant of the
premises and not more than four (4) non-occupants. For the purpose
of this section, participation shall be construed to mean the
offering for sale of items owned by an occupant or participating
non-occupant, whether or not that individual is physically present
on the premises during the conduct of such sale;

such sales shall be limited to two (2) in any given calendar year.
The duration of any single sale shall not exceed three (3)
consecutive da TB.
(14) Craft sales/shows subject to the following provisions:

Items offered for sale shall be limited to those which have been
made or crafted by' the participants as a hobby or a vocation as
distinguished from items which are made in the conduct of a home
occupation;

Participation-in such sales/shows shall be limited to an occupant
of the premises and not more than four (4) non-occupants. For the
purposes of this section, participation shall be construed to mean
the offering for sale of items made or crafted by an occupant or
participating non-occupant, whether or not that individual is
physically present on the premises during the conduct of such sale
or show;

Not more than one (1) such sale/show event shall be conducted on
a premises in any given calendar year. For the purposes of this
section, the duration of any sale/show event shall be limited to
five (5) days within a period of ten (10) consecutive days;

Such sales and shows may be conducted only upon authorization by
the Land Use Administrator of a Temporary Special Permit. The Land
Use Administrator shall make his determination with respect to
approval or denial of said application within ten (10) working days
of its submission and shall consider the following in making said
determination:

The proposed location of the sale and the probable impact on
adjacent land uses;

The ability of the structure in which such sale will be conducted
to accommodate safely the numbers of persons likely to patronize
such event;

Page 86

The ability of the streets in the immediate vicinity of such
residential property to accommodate adequately and safely the
traffic and parking demand anticipated to be associated with such
an event without disruption of normal traffic circulation and
emergency access needs.

In the event the Land Use Administrator determines that the conduct
of such craft sale or show at the proposed location would adversely
affect the surrounding land uses, the normal and essential traffic
circulation needs of the immediate vicinity, or the safety and
welfare of participants, patrons or the general public, the
application for the temporary special permit shall be denied.

(15) Horses may be permitted provided that residential lots shall
be at least three (3) acres for the first horse and for each
additional horse, one additional acre must be provided.

(16) Farm animals (such as cows, pigs, hogs, goats, sheep, mules,
horses and other livestock, chickens and other fowl, bees,
and similar utilitarian animals) shall not be permitted in
the following ROSCO option areas: Rural, Hamlet, Rural
Village, and Rural Development.

(17) Accessory buildings on residential lots:

Shall not exceed twenty-four (24) feet in height, and shall not
contain more than one and one-half (1-1/2) stories, but in no case
shall it ex9eed the height of the main building.

Shall not occupy more than thirty percent (30%) of the rear yard
area in residential areas.

Shall be located at least three (3) feet from side lot lines, and
at least five (5) feet from rear lot lines.

Shall not be erected on a lot more than one (1) year in advance of
the principal building.

Structures attached to a principal building by any wall or roof
construction, or located within ten (10) feet of any principal
building, shall be considered a part of the principal building and
shall observe all yard regulations applicable thereto.

b. Accessory Uses Permitted in Conjunction with Commercial and
Industrial Uses
The following accessory uses shall be permitted in conjunction with
commercial and industrial uses:-

(1) Fences or walls provided that:

fences or walls located in side or rear yards shall not exceed
eight (8) feet in height;

fences or walls located in front yards shall not be permitted; and

the above standards shall not be deemed to prohibit any fences or
walls which may be required for screening, security or safety
purposes by other sections of this ordinance.

(2) Uses intended specifically for the use and benefit of the
employees or patrons of the principal use such as snack bars ,
cafeterias, recreation facilities or similar uses.

Page 87

(3) Living quarters for a proprietor or manager' and his/her
family located in the same building as his/her place of
occupation, or living quarters for a watchman or custodian
of an industrial establishment.

(4) Incidental repair, installation or assembly facilities for
products or equipment used or sold in the operation of the
principal use, unless specifically prohibited under the
applicable district regulations.

(5) Incidental storage facilities for goods and materials offered
for retail sale on the premises.

(6) Motor vehicle fuel dispensing pumps, pump islands, or service
kiosks installed for and utilized exclusively by vehicles
owned and/or operated by commercial or industrial
establishments to which they are accessory.

(7) Factory outlets and retailing provided the use is clearly
incidental to the permitted Use and products sold originated
at the site.

(8) Day care or nursery facilities.

(9) Antenna structures for radio communication purposes or other
information or data transfer purposes associated with a
businessIor industrial operation. Antenna structures in
excess of 100 feet in height shall be permitted only by
special use permit issued by the Land Use Administrator.
Dish antennas shall be subject to the following provisions:
Dish antennas shall not exceed twelve (12) feet in diameter and
fifteen (15) feet in height.

Dish antennas shall be permitted in rear yards and on roofs. No
part of a dish antenna shall be closer than five (5) feet to any
lot line. When located on a roof, such antenna shall be set back
from all edges of the roof a distance of at least two (2) times its
height.

All dish antennas and the construction and installation thereof
shall conform with applicable requirements of the Uniform Statewide
Building code. No dish antenna may be installed on a portable or
moveable device.

The above provisions shall not apply to any dish antenna used by
a cable company POSBessing a valid franchise issued by the Richmond
County Board of Supervisors.

Other uses and structures of a similar nature which are customarily
associated with and incidental to commercial or industrial uses.

C. Location Requirements

Except where other provisions of this ordinance require a greater
setback, the following requirements shall apply to the location of all
accessory uses or structure in residential, commercial and industrial
areas.

(1) With the exception of status, arbors, trellises, flagpoles,
fences, walls or roadside stands, accessory buildings or
structures shall not be located closer to the front lot line

Page 88

than the principal building in residential, commercial and
industrial areas.

(2) There shall be no Bide and rear yard requirements for fences
or walls; and

(3) There shall be no rear yard requirement for docks, piers or
boathouses, however, a setback of ten (10) feet from side lot
lines, or extensionB thereof into bodies of water, shall be
observed.

(4) Roadside stands shall be set back at least twenty (20) feet
from any right-of-way.

3-16-4 HOME OCCUPATIONS

a. A home occupation is an accessory use of any dwelling unit for
gainful employment by the home occupant involving the manufacture,
provision or sale of goods and/or services; and conducted in
dwelling unit or in an accessory building on the same lot as th:
dwelling unit by members of the family residing on the premises.
All home occupations Bhall be subject to the following provisions,
unless this ordinance provides otherwise elsewhere:

(1) No person other than members of the family residing on the
premises shall be engaged on the premises in such operation.

(2) The home occupation shall be clearly incidental and
subordinate to the residential use of the property.

(3) There shall be no change in the outside appearance of the
building or premises or other evidence of the conduct of such
home occupation visible from the street or adjacent
properties.

(4) There shall be no on-premiBee sales of goods or materials to
the general public. , I

(5) Such home occupation shall not generate traffic, parking
sewerage or water use in excess of that which is normal in
the residential neighborhood.

(6) No mechanical or electrical equipment or flammable or toxic
substances shall be utilized other than that which would
customarily be utilized in the home in association with a
hobby or avocation not conducted for gain or profit.

(7) Any demand for parking generated by the conduct of a home
occupation shall not adversely affect the quality of life of
adjacent landowners.

(8) The occupation or activity shall not require extended
alterations, or the outdoor storage or use of machinery or
equipment that creates noise, odor, smoke, dust or glare or
is dangerous or otherwise detrimental to persons residing in
the home or on adjacent property.

b. Home occupations Permitted as a Matter of Right
Permitted home occupations shall include the following and similar
activities and land uses:

Page 89

(1) Artists, sculptors, and photographers

(2) Authors and composers

(3) Dressmakers, seamstresses, tailors

(4) Day care or babysitting for not more than four (4) children

(5) Home crafts such as model making, rug weaving, cabinet
making, furniture refinishing, or ceramics

(6) office facility of a clergyman

(7) office facility of a resident salesma n, sales representative
or manufacturer's representative I

(8) office facility for resident accountants, architects,
artists, brokers, computer programmerst consultants,
counselors, dentists, physicians, engineers, lawyers,
insurance agents, real estate agents or similar professionals

(9) Tutoring, music or voice lessons or similar services for not
more than four (4) persons at any single time

(10) Food-preparation for catering purposes
(11) Telephonp answering service
(12) Other activities and uses which the Land Use Administrator
determines can be operated in complete accordance with the
intent and purpose of this ordinance

C. Home Occupations Permitted by Special Use Permit
The Land Use Administrator may authorize, by special use permit, the
following and materially similar types of home occupations subject to
the specified conditions.

(1) Home% *Occupations with Limited On-Premises Retail Sales or
Personal Services

Uses which may be authorized under this section shall include
barber and beauty shops, hobbyists, and other materially similar
activities and land uses involving on-premises retail sales and
personal services.

All public contact related to such use shall be limited to the
period between 8:00 a.m. and 8:00 p.m., Monday through Saturday,
unless otherwise specified by the Land Use Administrator.

Parking as required shall be provided in addition to those
otherwise required for the residential use of the property.

The type and extent of items to be displayed, stored or sold, or
LE personal services to be offered on the premises shall be
specifically stipulated by the Land Use Administrator in
authorizing any such use permit. In no case shall the area devoted
to sales, storage, display or conduct of such home occupation
exceed 25% of the floor area of the residence.

Such Use shall comply with all applicable requirements for home
occupations as established in Section 3-16-3.

Page 90

(2) Small Contracting Businesses Operated as Home Occupations
Except in the following ROSCO Option Areas: Hamlet, Village,
and Rural Development. For the purpose of this section,
small contracting businesses shall be deemed to include
businesses engaged in construction and/or repair
buildings; installation and servicing of heating, cooling alid
electrical equipment, flooring, painting, plumbing, roofing
and tiling; landscaping; and other such Uses deemed to b
sufficiently similar in terms of type, scale and impact!
This section shall not be construed to necessitate a use
permit for offices of such businesses as authorized and
conducted in accordance with the provisions established in
Section 3-17-3a, nor shall this section be construed to
provide opportunities for business operations which involve
on-site manufacturing of products or materials utilized in
the conduct of such business.

Not more than two (2) vehicles and/or pieces of equipment
associated with the operation of a business shall be operated
from the site or stored there overnight. small transportable
equipment including lawn mowers; chain saws; power hand
tools; table, band or radial arm saws; and similar items
shall not be included in such a determination.

The areas covered by all structures used primarily in
connection with such uses shall not exceed a total of 1,500
square feet.

The area covered by any outdoor storage associated with such
use shall not exceed a total of 1,000 square feet.

All parking, loading and storage associated with such use
shall be effectively screened from view from adjacent
properties by landscaping and appropriate wooden or masonry
fencing materials.

The Land Use Administrator shall find and determine that the
proposed small contracting business is not likely to generate
traffic, including commercial delivery vehicles, in greater
volume that would normally be expected in the zoning
district.

The Land use Administrator shall find and determine that the
proposed small contracting business is not likely to create
noise, dust, vibration, odor, smoke, glare, electrical
interference, fire hazard or nay other hazard or nuisance to
any greater or more frequent extent than would normally be
expected in the zoning districts.

(3) Docking Workboats and Off-Loading Seafood Except in ROSCO
Option Area (Village, Hamlet, Rural Development)

The docking of workboats and the conduct of a waterman's
operation shall be limited to occupants of the premises.

No admission, dockage, or wharfage fees shall be charged.'

On-premises wholesale or retail sale of seafood shall be
prohibited.

outdoor storage of goods, equipment, or materials (other than
the workboat itself) shall be limited to a total of 1,000'

Page.91

and adjacent properties by a landscaped buffer area supplemented,
if determined necessary by the Land Use Administrator at the time
of permit approval, by masonry and/or wooden fencing material. In
the approval of a use permit, the Land Use Administrator may limit
outdoor storage to less than 1,000 square feet or may require a
setback greater than 20 feet if deemed necessary based on the
characteristics of the subject site or its surroundings.

Repair of workboats shall be limited to routine maintenance, which
may include:

minor tune-ups;
change of oil and filters;
washdown and drainage of workboats;
winterizing (draining lines, etc.);
other customary routine repairs or maintenance.

All federal, state and local requirements for docking facilities
shall be met and the necessary permits obtained prior to the
issuance of a building permit for docks, piers, or boat houses.

The workboats and seafood unloading operations shall be conducted
in such a manner as to prevent potentially offensive odors from
being produced. In this regard, no overnight storage of seafood
waste shall be permitted on the property.
Any outdoor/seVurity lighting shall be shielded so as to prevent
glare from being directed onto adjacent property.

The number of workboats docked at the,property shall not exceed the
capacity of the pier or boat house.. The "rafting" of boats shall
not be permitted.

No trucks larger than one (1) ton in gross weight shall be
permitted to operate from the property.
Any demand for parking generated bytthe conduct of such use shall
be accommodated off the street.

No bulk fuel storage in excess of twenty-five (25) gallons for
dispensing into a workboat shall be permitted. The storage and
utilization of toxic substances shall be limited to types and
quantities that would customarily be utilized or stored for
residential use. Any storage or utilization of combustible, toxic,
or flammable substances shall be in accordance with the National
Fire Prevention Code.

The Land Use Administrator shall, on a case-by-case basis, review
and impose such other conditions as he deems necessary and
appropriate to assure that the use will be compatible with, and
will not adversely impact, adjoining properties and the environment
of the area. Such conditions and restrictions may include:

hours of operation;

number of workboats permitted to use the private residential pier
or dock;

preparation of a water quality impact assessment;

additional screening and/or landscaping requirements for outdoor
storage areas and equipment.

Page 92

number of workboats permitted to use the private residential
pier or dock;

preparation of a water quality impact assessment;

additional screening and/or landscaping requirements for
outdoor storage areas and equipment.

d. Prohibited Home Occupations
The following uses shall not be. permitted as accessary home
occupations:

(1) Automobile repair, servicing, salvage and storage
(2) Funeral chapel or funeral homes
(3) Gift shops
(4) Medical or dental clinic or hospital
(5) Restaurant or other eating establishments
(6) Commercial stable, commercial kennel
(7) Veterinary clinic
(8) Other activities and land uses which the Land Us:
Administrator determines to be materially similar to th
activities listed above.

3-16-5 SPECIAL YARD REGULATIONS

a. Except as specified in this section, and except for permitted
acce:soryib4ildings, a required yard shall be open and free from
any uild ng.

b. A bay window which is not more than ten (10) feet wide may extend
no more than three (3) feet into @ a required front, side or rear
yard.

C. The ordinary projections of chimneys and flues may extend into a
required yard.

d. Mechanical or HVAC equipment may be located in a required side or
rear yard, but on corner lots shail not project beyond the required
side yard on the street side of the corner lot.

8. The front, side and rear yard requirements of this chapter shall
not apply to any necessary retaining wall or required screening
fence.

3-17 SPECIAL USE PERMITS

3-17-1 PURPOSE AND INTENT

Special use permit uses are those which, if not specially regulated, can
have an undue impact or be incompatible with other uses of land within
or adjacent to a given zoning district. Upon the granting of a special
use permit, these uses may be allowed to locate within designated
districts under the standards, controls, limitations, performance
criteria, restrictions and other regulations of this ordinance. special
Uses are listed within the zoning districts in which they have the
potential to be permitted upon satisfaction of the review standards of
Section 3717-2.

Page 93

(1) Adopted Comprehensive Plan;

(2) Intent and purpose of the base and overlay(s) zoning
district(s) in which the use is proposed to be located;

(3) Character of adjacent properties and the surrounding
neighborhoods, and with existing and proposed development;

(4) Design standards of this Ordinance.

b. The proposed use shall be adequately served by essential services
such as streets, drainage facilities, fire protection, and approved
water and sewerage disposal facilities.

C. The proposed use shall not result in the destruction, loss or
damage of any feature determined to be of significant ecological,
scenic or historic importance as determined by the Resources
Inventory.

d. The proposed use shall be designed, sited, and landscaped so that
the use will not hinder or discourage the appropriate development
or use of adjacent properties and surrounding areas.

3-17-3 SPECIAL CONDITIONS

a. In granting any special use permit, conditions necessary to assure
that the proposed use will conform with the requirements of this
section and will continue to do so may be imposed. A surety bond
or other guarantee of performance acceptable to the County may be
required in order, to ensure compliance with the conditions imposed.

b. Reasonable standards may be iMPOBed as deemed @necessary to protect
the public interest and welfare. Such standards may include, but
need not be limited to:

(1) More restrictive sign standaids.
(2) Additional open apace, landscaping or screening requirements.

(3) Additional yard requirements.

(4) Special lighting requirements.

(5) Limitation on hours of operation.

(6) Additional off-street parking and loading requirements.

C. Time limits or expiration dates for a special use permit, including
provisions for periodic review and renewal may also become a
condition of the special use permit.

3-17-4 SPECIAL USE PERMIT APPLICATION REQUIREMENTS

a. An application for a special use permit shall be made by the owner,
contract purchaser with the owner's written consent, or the owner's
agent, of the property on which the proposed use is to be located.
The application shall be submitted to the Land Use Administrator,
and shall be accompanied by the filing fee. Application forms are
available from the Land Use Administrator.

Page 94

a. An application for a special Use permi t shall be made by the ownerl,
contract purchaser with the owner's written consent, or the owner's
agent, of the property on which the proposed use is to be located.
The application shall be submitted to the Land Use Administrator I
and shall be accompanied by the filing fee. Application forms are
available from the Land Use Administrator.

b. If the request for a special use permit has been denied by the
County, substantially the same request shall not be reconsidered
within three hundred sixty-five (365) days of the denial.

C. The application shall include the following information:

(1) A plan of development in accordance with Article 2.

(2) A description of the proposed use and, where applicable, the
hours Of operation and the proposed number of employees.

(3) When deemed necessary, the Land Use Administrator or the
plan-approving authority may require a community impact
analyses.

3-17-5 SPECIAL USE PERMIT GENERAL PROVISIONS

a. After approval of a special use permit by the County, the applicant
shall have one year to begin the use approved, provided that the
County may allow, at the time of approval, a longer period than one
year. If the use has not begun within one year (or other time
period as set by the County), the special use permit shall be void,
and the use may not thereafter be begun except upon approval of
another special use permit.

b. After approval of a special use permit by the County, the use
approved may intensify and/or expand, provided that any conditions
attached to the approval shall not be violated. If intensification
and/or, expansion will violate any attached conditions, a new
special use permit shall be obtained before such intensification
and/or expansion may be approved.

C. All uses permitted by a special use permit shall require plan of
development approval in accordance with the provisions of Section
2-2. The plan-approving authority of the plan of development is
empowered to decide on the special use permit.

d. If an approved special use ceases operation for a period of twelve
consecutive months, for any reason, the special use permit shall
become void, and thereafter the use may only be conducted after
another special use permit has been approved.

3-17-6 SPECIAL USE PERMIT STANDARDS - VILLAGE AREAS

An application for a s pecial Use permit within a village area as
provided by Section 3-10-8 shall be approved upon a finding that the
following standards have been met;

(1) The specific site is an appropriate one for the proposed use;

(2) The proposed use would not create any undue nuisance or hazard,
either to the community or to pedestrian and vehicular flow;

Page 95

3-17-7 REVOCATION OF SPECIAL USE PERMITS

The County may by resolution initiate a revocation of a special use
permit. After review by the Land Use Administrator and consideration
and recommendation by the Planning Commission, the governing body shall
act on the proposal to revoke the special use permit. Grounds for
revocation shall include (but not be limited to) the following:

a. A change in conditions affecting the public health, safety and
welfare since adoption of the special use permit; or

b. Repeated violations of this ordinance, including any conditions
attached to the special use permit, by the owner/operator of the
use; or

C. Fraudulent, false or misleading information supplied by the
applicant (or his agent) for the special use permit; or

d. Improper public notice of the special use permit public hearing(s)
when the permit was considered in accordance with DMP-b.

e. An error or mistake in f act that led to an arbitrary and
unreasonable decision made by the plan-approving authority when
approving the special use permit.

3-18 DENSITY BONUS PROVISIONS - tROSCO AND AFFORDABLE

a. In order to encourage site designs which are harmonious with
adjoining property., to encourage the preservation of open space
within and around higher density development, to encourage
preservation and restoration of historic sites, and to provide land
developers with the opportunity to positively'influence community
growth and quality of life, the plan-approving authority may award
a density bonus hot to exceed a total of thirty percent (30%) over
and above the'.'accrued density level obtained.

1. Participation in agricultural and rdsource conservation efforts by
acquiring and donating either in fee or by conservation easement,
lands which are located off-site and deemed to be environmentally
significant or of historic value.

2. Construction of bike/hike paths within or outside the development.

3. Development of an educationally-oriented facility such as a nature
trail available to the public.

4. Dedication of land accepted by the County for use as a school site,
fire station site, park site, or other public facility site.

5. Development of a recycling plan/program for any major plan of
development.

6. Construction of public access facilities to waterways for fishing,
nature observation, and/or boat launching purposes.

7. Preparation of a development design of superior quality resulting
from the highest possible level of resource identification and
protection, the most sensitive placement of structures, the highest
quality landscape and architectural design, and a most desirable
living environment for future residents.

Page 96

7. Preparation of a development design of superior quality resulting
from the highest Possible level of resource identification and
protection, the most sensitive placement of structures, the highest
quality landscape and architectural design, and a most desirable
living environment for future residents.

b. For all improvements upon which a density bonus has been based, the
County, when it deems it to be necessary and appropriate, may
require the submission of a performance guarantee as provided for
in Section 2-6.

3-19 NON-CONFORHING LOTS, NON-CONFORMING USES OF LAND, NON-CONFORMING
STRUCTURES, NON-CONFORMING USES OF STRUCTURES AND PREMISES, AND NON-
CONFORMING CHARACTERISTICS OF USE

3-19-1 INTENT AND FILING REQUIREMENT

a. Within the districts established by this ordinance or amendments
that may later be adopted there exist lots, structures, and uses
of land and/or structures which were lawful before this ordinance
was passed or do not conform to the regulations and restrictions
of this ordinance or future amendments thereto. It is the intent
of this ordinance to abide by the letter and spirit of the
provisions of Title 15.1, Chapter 11, Article 8, 15.1-492 of the
Code of Vir4nia.

b. A certificate of occupancy shall berequired of all nonconforming
uses. Application for such certificate shall be filed with the
Land Use Administrator within twelve (12) months from the effective
date of this ordinance.

3-19-2 NON-CONFORMING LOTS OF RECORD

In any district, permitted structures may be erected or enlarged on any
single lot of record, provided that yard dimensions and requirements
other than those applying to area or width, or both, of the lot, shall
conform to the regulations for the district in which such lot is
located. Variance of yard requirements shall be obtained only through
action of the Board of Zoning Appeals in accordance with DMP-d. Such
lot of record must be in separate ownership and not of continuous
frontage with other lots in the same ownership.

3-19-3 PROHIBITION AGAINST CREATION OF LOTS BELOW WIDTH
AND AREA REQUIREMENTS FOR DISTRICT

No lot or parcel or portion thereof shall be used or sold in a manner
diminishing compliance with lot width and area requirements established
by this ordinance, nor shall any division be made which creates a lot
below the minimum requirements stated in this Ordinance.

3-19-4 HIGHWAY REALIGNMENT OR CONDEMNATION

Any lot, which by reason of realignment of a State highway or by reason
of condemnation proceedings, has been reduced in size to an area less
than that required by law, shall be considered a non-conforming lot of
record subject to the provisions set forth in Section 3-19-2; and any

Page 97

3-19-5 NON-CONFORMING USES OF LAND AND/OR STRUCTURES

Where at the time of passage of this Ordinance or any amendments
thereto, the lawful Use of land and/or structures exists which would not
be permitted thereafter by this Ordinance, the use may be continued so
long as it remains otherwise lawful, provided:

a. No non-conforming use and/or structure shall be enlarged or
increased, nor extended to occupy a greater area of land than was
occupied at the effective date of adoption or amendment of this
Ordinance.

b. No non-conforming use and/or structure shall be moved in whole or
in part to any portion of the lot or parcel other than that
occupied by the use and/or structure at the effective date of
adoption or amendment of this Ordinance, unless the move results
in decreasing the degree of non-conformity or results in conformity
with the requirements for the district.

C. No additional structure not conforming to the requirements of this
Ordinance shall be erected in connection with a non-conforming use
of land. No additional uses of a nature which would be prohibited
generally in the district involved shall be permitted.

d. Any non-conforming use may be extended throughout any parts of a
building which were arranged or designed for the use at the time
of adoption orIamendment of this Ordinance, but the Use shall not
be extended to occupy any land outside such building.

e. When any non-conforming use, or structure and use in combination,
is replaced by a permitted use and/or structure, the use shall
conform to the regulations for the district, and no non-conforming
use and/or structure shall be permitted to resume.

f. Where non-conforming status applies to a use and/or structure,
removal or destruction of the structure shall eliminate the non-
conforming status of the land. Destfuction for the purpose of this
section is defined as damage to an extent of more than 50 per cent
of the replacement cost immediately prior to the time of
destruction. No non-conforming use shall be established after
destruction; as defined, has occurred.

g. If any non-conforming use and/or structure of land ceases for any
reason for a period of more than two years, any subsequent use of
such land and/or structure shall conform to the regulations
specified by this Ordinance for the district in which the site is
located.

h. Nothing in this Ordinance shall be deemed to prevent the
strengthening or restoring to a safe condition of any building or
part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.

I. To avoid undue hardship, nothing in this Ordinance shall be deemed
to require a change in the plans, construction, or designated use
of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of this
Ordinance and upon which actual building construction has been
carried on diligently. Actual construction is defined to Include
the placing of construction materials in permanent position and
fastened in a permanent manner. Where excavation or demolition or
removal of an existing building has been substantially begun prior

Page 99

prior to the effective date of adoption or amendment of this
ordinance and upon which actual building construction has been
carried on diligently. Actual construction is defined to include
the placing of construction materials in permanent position and
fastened in a permanent manner. Where excavation or demolition or
removal of an existing building has been substantially begun prior
to rebuilding, such excavation or demolition or removal shall be
deemed to be actual construction, provided that work shall be
carried on diligently.

3-19-6 USES UNDER SPECIAL USE PERMIT PROVISIONS ARE NOT NON-CONFORMING USES

Any Use which is permissible as a special use permit in a district under
the terms of this Ordinance shall not be deemed a non-conforming use,
but shall w1thout further action be considered a conforming use.

3-19-7 DEVELOPMENT WAIVER IN THE RESOURCE PROTECTION AREA (RPA)

No change or expansion of a nonconforming Use shall be allowed with the
exception that:

a. The Land Use Administrator may grant a nonconforming use and
development waiver for structures on legal nonconforming lots or
parcels to provide for remodeling and alterations or additions to
such nonconforming structures provided that:

(1) There will be no increase in honpoint source pollution load;

(2) Any development or land disturbance exceeding an area of 2500
square feet complies with the erosion and sediment control
requirements of Section 4-8.

b. An application for a nonconforming use and development waiver shall
be made to and upon forms furnished by the Land Use Administrator
and shall include for the purpose of proper enforcement of this
ordinance, the following informa@ion:

(1) Name and address of applicant and property owner;

(2) Legal description of the property (Tax Map and Parcel Number)
and type of proposed Use and development;

(3) A sketch of the dimensions of the lot or parcel, location of
buildings and proposed additions relative to the lot lines,
and boundary of the Resource Protection Area;

(4) Location and description of any existing private water supply
or sewage system.

C. A nonconfo rming use and development waiver shall become null and
void twelve months from the date issued if no substantial work has
commenced.

Page 99

ARTICLE 4

DESIGN AND PERFORMANCE STANDARDS

Sgction No. section PsIge

4-1 General Layout and Design

4-1-1 Purpose and Intent

4-1-2 Plan of Development Submittal
Requirements

4-1-3 General Requirements
4-1-3a Suitability of Land for Development
4-1-3b Building Design
4-1-3c Relationship of Buildings to Site
4-1-3d Relationship of Project to Adjoining
Areas
4-1-3e Landscape and Site Treatment
4-1-3f Signs
4-1-3g Lighting
4-1-3h Maintenance Consideration
4-1-3i Preservation of Natural Features

4-2 Land Division Design Standards

4-2-1 Purpose and Intent

4-2-2 Plan of Development Submittal
Requirements

4-2-3 General Requirements
4-2-3a Preservation of Resources
4-2-3b Provision of Open Space
4-2-3c Compliance with Zoning Provisions
of Article 3
4-2-3d Compliance with the Comprehensive
Plan

4-2-4 Layout of Streets As It Relates to Lot
and Block Configuration
4-2-4a Compliance with Section 4-3 and other
Provisions of this Ordinance
4-2-4b Street Layout Shall Promote the Economic
Use of the Site
4-2-4c Access

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, JICF TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. I

section No. Section Page

4-2-4d Facilitation of Proper Block
Configurations
4-2-4e Separation of Lots from Collector
and Arterial Roads
4-2-4f Dual Frontage by Means of Rear Alleys
4-2-4g Resubdivision of Lots on Private
Streets

4-2-5 Blocks
4-2-5a Size
4-2-5b Shape
4-2-5c Non-Residential Blocks

4-2-6 Lots
4-2-6a General Design
4-2-6b Dimension and Size
4-2-6c Depth to Width Ratio
4-2-6d Access
4-2-6e Flag Lots
4-2-6f Double Frontage and Reverse Frontage
Lots
4-2-6g Corner Lots
4-2-6h Side Lot Lines
4-2-61 Remnants
4-2-6j Adjacent Lands in Separate Ownership
Being Subdivided

4-2-7 Monuments
4-2-7a Concrete or Stone
4-2-7b Metal
4-2-7c Rough Staking for Utility Installation
4-2-7d Inspection
4-2-7e Replacement

4-2-8 Cemetery

4-3 Vehicular Rights-of-Way

4-3-1 Purpose and Intent

4-3-2 Plan of Development Submittal
Requirements

4-3-3 General Requirements
4-3-3a Comprehensive Plan Requirements
4-3-3b Designed for Present and Future Needs
4-3-3c Hierarchical Road System

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XL9PPIXGER, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 2

Section No. Section Page

4-3-4 Street and Road Classifications
4-3-4a Traffic Volume Classification and
Descriptl 'on
4-3-4b Design Categories
4-3-4c Existing Streets

4-3-5 Alignment and Layout
4-3-5a Coordination of Proposed Roads
with Existing Roads
4-3-5b Stub Streets
4-3-5c Conditions whereby Stub Streets
are Permanently Terminated
4-3-5d Jogged Streets
4-3-5e Intersection Geometrics
4-3-5f Residential Development Access

4-3-6 Rights-of-Way
4-3-6a Dedication
4-3-6b Construction in Accordance with
Community Plans
4-3-6c Minimum Right of Way Widths

1-3-1 Geometric Standards
4-3-7a Continuity of Design
4-3-7b Pavement Widths

4-3-8 Construction Standards
4-3-8a Compliance with Department of
Transportation Standards
4-3-8b Cross-Sections
4-3-8c Plans Require Department of
Transportation Approval
4-3-8d Construction Guarantees

4-3-9 Curb and Gutter Streets

4-3-10 Cul-de-Sac Streets
4-3-10a Length of cul-de-Sac
4-3-10b Dead End Street Signs
4-3-10c Cul-de-Sac Turnaround Design

4-3-11 Service Alleys
4-3-11a Frontage
4-3-11b Maintenance of Alleys
4-3-11c Alley Design
4-3-11d Alleys Not Designed to Handle
Through Traffic
4-3-11e Dead End Alleys

RICHMOND COUNTY LIND MANAGEMENT ORDINANCE (DRAFTj RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOVI AID COUNTRY PLANNING CONSULTANT PAGE NO. 3

section No. Section Page

4-3-12 Regulatory and Traffic Signs
4-3-12a Developer Responsible for
Providing Signs
4-3-12b Signs Erected Prior to Issuance
of Building Permits
4-3-12c Signs Erected Prior to
Building Occupancy

4-3-13 Sight Triangles
4-3-13a Site Triangle Area Defined
4-3-13b Site Triangle Clearance
4-3-13c Depict on Plan of Development

4-3-14 Private Roads
4-3-14a Type I
4-3-14b Type II

4-3-15 Acceleration/Deceleration Lanes

4-3-16 Right-of-Way Widening

4-3-17 Street Names

4-3-18 Street Signs
4-3-18a Street Signs to be Installed at
Intersections
4-3-18b Street Signs for Private and
Public Streets
4-3-18c Installed Before Issuance of
Certificate of Occupancy

4-4 Open Space and Recreation

4-4-1 Purpose and Intent

4-4-2 Plan of Development Submittal
Requirements

4-4-3 General Requirements
4-4-3a Common Open Space Required
4-4-3b Location
4-4-3c Nature of Common Open Space

4-4-4 Preservation Open Space and
Recreational Open- Space
4-4-4a Preservation Open Space
4-4-4b Recreational Open Space

11CHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPING91, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE NO. 4

Section No. Section Page

4-4-5 Amenities/Resources
4-4-5a Historic and Natural Resources
4-4-5b Using Resources as Amenities
4-4-6 Pedestrian S'paces
4-4-6a Intent
4-4-6b Standards for Pedestrian Spaces

4-4-7 Recreational Facilities
4-4-7a Bike/Hike Paths
4-4-7b Playlots
4-4-7c Playgrounds
4-4-7d Tennis Courts
4-4-7e Swimming Pools
4-4-7f Community Buildings
4-4-7g Other Amenities

4-4-8 Completion of Improvements Prior to
the Issuance of a Certificate
of Occupancy

4-4-9 ownership and Maintenance of
Common Open Space
4-4-9a ownership Methods
4-4-9b May Not Be Dissolved
4-4-9c Property Owners' Association
4-4-9d maintenance of Common Open Space
4-4-9e Failure to Maintain Common
Open Space
4-4-9f County Acceptance or Acquisition
of Common Open Space
4-4-9g Conditions on Lands Dedicated
for open Space

4-5 Water and Sewer Facilities

4-5-1 Purpose and Intent

4-5-2 Plan of Development Submittal
Requirements

4-5-3 General Requirements
4-5-3a Water
4-5-3b Sewer
4-5-3c Provisions Related to Both Water
and Sewer Facilities

RICHMOND COUNTY LIND HANIGINENT ORDINANCE (DRAFT) RICHNOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPIIGER, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE NO. 5

section No. Section

4-6 Underground Wired Utilities

4-6-1 Purpose and Intent

4-6-2 Plan of Development Submittal
Requirements

4-6-3 General Requirements
4-6-3a, Major Plan of Development
Utilities Underground
4-6-3b Exemptions
4-6-3c Existing Above-Ground Utilities
Grandfathered

4-7 Drainage

4-7-1 Purpose and intent

4-7-2 Plan of Development Submittal
Requirements
4-7-2a Compliance with the Requirements
of this Section
4-7-2b Stormwater Management Plan
4-7-2c Continuing Maintenance Plan

4-7-3 General Requirements
4-7-3a Provision of Drainage and
Stormwater Management Facilities
4-7-3b Drainage and Conservation
Easements
4-7-3c Drainage of Rights-of-Way
4-7-3d Appropriate Grading Considerations
4-7-3e Maintenance of Existing Drainage
Patterns
4-7-3f Minimize impervious surface Area

4-7-4 Stormwater Management Area Design
4-7-4a Considerations
Stormwater Detention Areas
4-7-4b Stormwater Retention Areas
Open Space/Recreation Features

4-7-5 Stream and Lake Sampling
4-7-5a Pre-Development Sampling
4-7-5b Post-Development Sampling

IICHMOAD COUNTY LIND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. ILSPPING91, AICP TOWN AID COUHT9Y PLANNING CONSULTANT PAGE NO. 6

Section No.- Section Page

4-7-6 Off-Site Drainage Costs
4-7-6a Applicability
4-7-6b Cost Determination
4-7-6c Payment Provisions

4-8 Erosion and Sediment Control

4-8-1 Purpose

4-8-2 Plan of Development Submittal
Requirements
4-8-2a Preliminary Plans
4-8-2b Final Plans

4-8-3 General Requirements
4-8-3a Applicability
4-8-3b Exemptions
4-8-3c Criteria, Standards and
Specifications for the
Preparation of an Erosion and
Sediment Control Plan
4-8-3d Plan Review
4-8-3e Issuance of Grading, Building
or Other Permits
4-8-3f Erosion and Sediment Control
Agreement

4-9 Signs

4-9-1 Purpose and intent

4-9-2 Plan of Development Submittal
Requirements

4-9-3 General Requirements
4-9-3a Permit Required
4-9-3b Interpretation
4-9-3c Sign Permits Require a Valid
Business License
4-9-3d Maintenance
4-9-3e Freedom of Expression
4-9-3f Consistent Design Theme

IICHMOND COUNTY LIND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PRSPARID BY DAVID L. ILIPPINGER, AICP ?OU AID COUNTIT PLANKING CONSULTANT PAGE 10. 7

Section No. agrl@ Pag_Q

4-9-4 Measurement
4-9-4a Measurement of Sign Area
4-9-4b Individual Letters or Symbols
4-9-4c Measurement of Height

4-9-5 Illumination Standards
4-9-5a Controlled Illumination
4-9-5b Exposed Lights Not Permitted
479-5c Flashing and Moving Signs
Not Permitted
4-9-5d Exposed Wires Not Permitted
4-9-5e Strings of Bulbs Restricted
4-9-5f Signs May Be Illuminated only
During Business Hours

4-9-6 Placement Standard
4-9-6a No Signs on Natural objects, Etc.
4-9-6b Roof Mounted Signs Not Permitted
4-9-6c Signs in Right of Way Restricted
4-9-6d Official Traffic Signs Only In
Right of Way
4-9-6e Free Standing Sign Setback
Requirement
4-9-6f No Sign In Prescribed Site Triangle
4-9-6g Height Restriction
4-9-6h Building Architectural Integrity
Maintained

4-9-7 General Standards for Specific Types
of Permitted Signs
4-9-7a Awning Signs
4-9-7b Free Standing Signs
4-9-7c Landmark Signs
4-9-7d Marquee Signs
4-9-7e Multiple Signs
4-9-7f Neon Window Signs
4-9-7g Painted Wall Signs
4-9-7h Projecting Signs
4-9-71 Time-Temperature Signs
4-9-7J Wall Signs

4-9-8 sign Districts and Special Regulations
4-9-8a Types of Districts
4-9-8b District Requirements

RICHMOND COUNTY LIND MANAGEMENT ORDINANCE (DRIFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGE1, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 8

Section No. Section Page

4-9-9 Exempt Signs
4-9-9a Address and Name of Resident
4-9-9b Artwork
4-9-9c Community Entrance Signs
4-9-9d Decals
4-9-9e Directional Signs
4-9-9f Flags, Emblems, and Insignia
4-9-9g Handicapped Parking Space Sign
4-9-9h Home Occupation Signs
4-9-91 Interior Sporting Event Signs
4-9-9j Interior Window, Temporary
4-9-9k Machinery and Equipment
4-9-91 Moveable Sign, Temporary
4-9-9m Memorial
4-9-9n Political, Temporary
4-9-9o Private Drive Signs
4-9-9p Public Signs
4-9-9q Religious Bulletin Boards
4-9-9r Special Notice Placards
4-9-9s Security and Warning Signs
4-9-9t Temporary Real Estate Signs
4-9-9u Vehicular Inspection
4-9-9v Yard Sale/Car Wash

4-9-10 Temporary Signs Requiring a Sign
Permit
4-9-10a Special Event Signs
4-9-10b Temporary Farm Products Signs
4-9-10c Construction Signs

4-9-11 Prohibited Signs
4-9-11a Animated and Moving Signs
4-9-11b Billboards
4-9-11c Flashing Signs
4-9-11d Glaring Signs
4-9-11e Inflatable Signs and objects
4-9-11f Portable Signs
4-9-llg Poster and Handbills
4-9-11h Roof Signs
4-9-111 Simulated Traffic Signs and
obstructions
4-9-11J Strings of Lights
4-9-11k Vehicular Signs

4-9-12 Nonconforming Signs

4-9-13 Expiration of Permits for Signs

RICHNORD COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPIRGIR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 9

Section No. Section Page

4-9-14 Removal of Illegal or Dangerous
Signs
4-9-14a Illegal Signs
4-9-14b Immediate Peril

4-10 Lighting

4,-10-1 Purpose and Intent

4-10-2 Plan of Development Submittal
Requirements

4-10-3 General Requirements
4-10-3a Maximum Height
4-10-3b Lights Shall be Shielded

4-10-4 Lighting Within Public
Rights-of-Way
4-10-4a When Required
4-10-4b Installation Standards

4-10-5 Lighting Within Parking Areas and
Adjacent Walkways %
4-10-5a Cone of Illumination Standard
4-10-5b Shielding of Lights Near
Residences
4-10-5c Lights Out Provision
4-10-5d Spotlights Not Recommended in
certain circumstances
4-10-5e Lighting at Points of Vehicular
Conflict
4-10-5f Lights in Pedestrian Areas

4-11 Off Street Parking and Loading

4-11-1 Purpose and Intent

4-11-2 Plan of Development Submittal
Requirements

RICHMOND COUNTY LUD MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN IND COUNTRY PLANNING CONSULTANT PAGE NO. 10

Section No. Section Page

4-11-3 General Requirements
4-11-3a Minimum Parking Space Requirements
to be Maintained
4-11-3b Parking in'the Front Yard
Restricted
4-11-3c Arrangement of Parking Spaces
into Parking Lots
4-11-3d Required Parking Spaces to be
On Site
4-11-3e Fractional Space
4-11-3f Loading Areas Not For Use as
Parking Areas/Vice-Versa
4-11-3g Constructed Parking Space Shall
Be No More than the Minimum
Required
4-11-3h Parking Space and Loading Area
Requirement Adjustment

4-11-4 Off-Street Parking Requirements
4-11-4a Minimum Number of Spaces
4-11-4b Size of Spaces
4-11-4c Design of Parking Spaces for the
Physically Handicapped
4-11-4d Arrangement and Marking of
Parking Spaces
4-11-4e Aisles

4-11-5 Driveways
4-11-5a Design

4-11-6 Sidewalks
4-11-6a Location and Design
4-11-6b Separation of Sidewalk Areas

4-11-7 Off-Street Loading
4-11-7a Applicability
4-11-7b Location and Access
4-11-7c Dimensions and Amount of
Loading Areas

4-11-8 Bicycle Parking

4-11-9 Surfacing Requirements for Off-Street
Parking and Loading Facilities
4-11-9a Paving Standards
4-11-9b Exceptions to the Paving
Requirements

RICHMOND COUNTY LAND HARAGEMENI ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PRIPIRID BY DIVID L. KLIPPINGIR, AICP 70" AND COUNTRY PLANKING CONSULTINT PACE 80. 11

Section No. Section Page

4-11-10 Maintenance of off-Street Parking
4-11-10a and Loading Areas
Maintenance Requirements
4-11-10b Repairs by the County Authorized

4-12 Landscaping and Buffering

46712-1 Purpose and Intent

4-12-2 Plan of Development Submittal
Requirements
4-12-2a Existing Vegetation
4-12-2b Buffering Details
4-12-2c Landscaping Details
4-12-2d Vegetation Protection
4-12-2e Maintenance Notations
4-12-2f Waiver of Submittal Requirements

4-12-3 General Requirements
4-12-3a Maximize Value of Vegetated
Material
4-12-3b Existing Trees to Be Preserved
4-12-3c Landscape to Suit the Site
4-12-3d Landscape to Buffer Discordant
Impacts
4-12-3e Preserve Existing Natural Buffers
4-12-3f Design of Buffers
4-12-3g Buffers Adjacent to Vacant Sites
4-12-3h Landscaping Areas Devoid of Trees
4-12-3i Activities Permitted Within
Landscaped Buffer Areas
4-12-3i Buffering Objectionable Site
Features

4-12-4 Landscape Preservation
4-12-4a Construction Footprint
4-12-4b Which Trees Shall Be Preserved
4-12-4c Protecting Trees During
Construction
4-12-4d Protecting Woodland Groups
4-12-4e Tree Protection Details
4-12-4f Tree Clearing Limits Marked
and Approved
4-12-4g Notification of Construction
Personnel of Tree.Protection
Measures
4-12-4h Grade Change Mitigation Measures

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID KLEPPLINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 12

Section No. Section Page

4-12-4i Restricted Activities Near
Protected Trees
4-12-4j Repairing Trees Damaged During
Construction
4-12-4k Tree Clearing Procedures
4-12-41 Tree Clearing and Protection
Plans
4-12-4m Areas of Development Sites to
Remain Undisturbed
4-12-4n Clear Cutting Prohibitions and
Restrictions
4-12-4o Heritage Trees Protected

4-12-5 Site Landscaping Standards
4-12-5a Landscape Areas Adjacent to
Buildings
4-12-5b Landscape Areas Along Rights-
of-Way
4-12-5c Landscape Areas Within Parking Lots
4-12-5d Landscape Areas Peripheral to
Parking Lots
4-12-5e Exemption from Section c and d
Above
4-12-5f All other Landscape Areas

4-12-6 Buffer Areas
4-12-6a Function
4-12-6b Buffer Design

4-12-7 Standards Relating to Plant Materials
Selected for Installation
4-12-7a Plant Selection
4-12-7b Size Standards
4-12-7c Source Standards

4-12-8 standard for Structural Elements
Fences, Walls and Berms
4-12-8a Fence and Wall Details
4-12-8b Berms and Earthform Details

4-12-9 Maintenance of Landscaping and
Buffering
4-12-9a Vegetation Maintenance
4-12-9b Buffer Maintenance
4-12-9c Replacement Vegetation to conform
to Approved Plan

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPLINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 13

Section No. section

4-13 Performance Standards

4-13-1 Purpose and Intent

4-13-2 Plan of Development Submittal
Requirements

4-13-3 General Requirements
4-13-3a Noise
4-13-3b Vibration
4-13-3c Air Pollution
4-13-3d Steam
4-13-3e Heat
4-13-3f Glare
4-13-3g Radioactivity
4-13-3h Solid Waste and Liquid Pollution
4-13-31 Toxic Matter
4-13-3i odor

4-14 Easements

4-14-1 Purpose and Intent

4-14-2 Plan of Development Submission
Requirements

4-14-3 General Requirements
4-14-3a Location and Use
4-14-3b Sufficient Width

4-15 Storage and Waste Disposal

4-15-1 Purpose and Intent

4-15-2 Plan of Development Submission
Requirements

4-15-3 General Requirements
4-15-3a Recycling
4-15-3b Storage and Waste Disposal
4-15-3c Refuse Collection

RICHMOND COUNTY LIND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PACE NO. 4104

Section No. Section Page

4-16 Emergency Services

4-16-1 Purpose and Intent

4-16-2 Plan of Development Submittal
Requirements

4-16-3 General Requirements
4-16-3a Fire Protection

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AIC TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 15

Section No. Section Page

4-17 Waterfront Facility Design 275

4-17-1 Purpose and Intent 275
4-17-2 Plan of Development Submittal
Requirements 275
4-17-3 Public Access 279
4-17-4 General Standards for Public
Access Facilities 282
4-17-5 Marinas and Public Boat Ramps 285
4-17-6 Private Boat Ramps 293
4-17-7 Covered Moorages/Boathouses 294
4-17-8 Piers and Docks 294
4-17-9 Community and Public Recreational
Piers and Docks 301
4-17-10 Mooring Buoys 30q3

4-18 ROSCO Design Standards 305

4-18-1 Purpose and Intent 305
4-18-2 Plan of Development Submittal
Requirements 305
4-18-3 Rural Village and Hamlet Objectives 308
4-18-4 General Requirements--Village 310
4-18-5 Transportation Requirement--Village 312
4-18-6 Parking Requirements 316
4-18-7 Landscaping Requirements--Village 319
4-18-8 Utilities--Village 320
4-18-9 Lot Layout--Village 320
4-18-10 General Requirements--Hamlet 322
4-18-11 Farmstead and Single Family, Large
Lot (SF,LF) Options 325

4-19 Designation of Historic Site Districts
and Historic and Cultural Conservation
Districts 327

4-19-1 Designation 327
4-19-2 Intent 328
4-19-3 Criteria for Designation Historic Site
8- Districts and Historic and cultural
Conservation Districts 329
4-19-4 Boundaries of Historic Site Districts
and Historic and Cultural
Conservation Districts 332

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 16

section No. Section Page

4-19-5 Application for Designation as Historic
Site District or Historic and
Cultural Conservation District 332
4-19-6 Action by the Planning Commission 334
4-19-7 Action by the Board of Supervisors 335
4-19-8 Maintenance of Inventory of
Buildings and Structures - 336
4-19-9 Recordation of Resolutions Creating
Historic District 336
4-19-10 Certificate of Appropriateness 337
4-19-11 Permit for Razing or Demolition 338
4-19-12 Applications and Procedures--Certificate
of Appropriateness, Permit for Razing
or Demolition 339
4-19-13 Certificate of.Appropriatenes--0 criteria 340
4-19-14 Right to Raze or Demolish--Conditions
and Procedures 343
4-19-15 Bona Fide Offer to Sell; Procedures
for Filing Notice of offer and
Questioning Price 345
4-19-16 Right to Raze or Demolish 347
4-19-17 Hazardous Buildings or Structures 348
4-19-18 Historic District Review Committee 348
4-19-19 Right of Appeal 349

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICF TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO, 17

4-1 GENERAL LAYOUT AND DESIGN

4-1-1 PURPOSE AND INTENT

It is the purpose and intent of Article 4 to ensure

that new development is designed in accordance with the

purpose, intent and direction of the Comprehensive Plan

and county ordinances, is in concert with existing,

desirable development patterns and designs within the

County, is responsive to the existence of significant

and sensitive natural and cultural resources, is

proposed so as to enable the County to provide adequate

levels of public service, and is designed to provide

for the health, safety, and welfare of Individuals

residing, working, shopping, traveling and recreating

within the County.

4-1-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

The requirements of Article 4 shall be complied within

both the plan of development design and its

RICHMOND COUNTY LAND MANAGMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINAI

PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING COUNSULTANT PAGE NO.1

implementation. waivers from the standards of Article

4 may be granted by the plan-approving authority upon

submission of a waiver request.

4-1-3 GENERAL REQUIREMENTS

The following requirements, are intended to establish

the general direction and tone of land development as

envisioned by this Ordinance.

a. Suitability of Land for Development

(1) Any land described as unsuitable for building

sites shall be clearly indicated on the plan

of development and shall not be used to

satisfy the minimum lot size requirements as

prescribed by Article 3 of this Ordinance or

by the County Health Official for necessary

septic and well installations.

(2) Land Is topographically unsuitable if It

possesses steep slopes which will require

extensive grading or unusual construction

practices in order for development to take

RICHARD COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO.2

place or which would provide less than 10,000

useable square feet of contiguous building

area with-slopes of less than 15 percent.

(3) Land is unsuitable If It consists of soils

which by health department regulations or the
provisions of thi's ordinance are unsuitable

for septic system drainfields and where no

other means of sewage treatment is provided.

(4) Land is unsuitable for development if it is

characterized by potentially inJurious

conditions resulting from special soil and

water conditions such as shrinking and

swelling clays and/or marine clays, unless

such conditions can be rendered harmless by

standard development and construction

practices.

(5) Land is unsuitable for development if it

contains areas as identified by the Resource

Inventory which warrant protection or

mitigation such as, but not limited to, the

habitat of rare and endangered species,

RICHARD COUNTY LAND MANAGEMENT ORIDNACNE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO.3

wetlands, and sites of historic, scenic or

archaeological importance.

(6) Wetlands as defined in the Virginia Wetlands

Zoning Act or any land subject to periodic

flooding shall not be developed in such a way

as to provide sites for residential occupancy

nor for any other use which might involve

danger to health, life, or property, or

aggravate the flood hazard. Any such land

within the proposed development shall be

restricted against buildings or otherwise

reserved for uses which will not be

endangered by periodic or occasional

inundation. To insure sufficient buildable

land which is flood free, the plan-approving

authority may require the developer to

provide elevation and flood profiles

sufficient to demonstrate the land to be free

of the danger of flood waters.

(7) Lots shall not be created which do not have

access provided over suitable terrain as to

provide reasonable means of ingress and

egress.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED 81 DAVID L. KLIPPING91, AICP TOYN AID COUNTRY PLANNING CONSULTANT PAGE 10. 1

b. Building Design

(1) Architectural style is not restricted,

however, extremes of style not indigenous to

the County are not encouraged if visible from

public rights of way. Evaluation of

appearance of a project shall be based on

quality of its design and relationship to its

surroundings.

(2) Buildings shall be in scale and be harmonious

with permanent neighboring buildings and

areas.

(3) Materials shall be in harmony with adjoining

structures.

(4) A minimum of different types of exterior wall

materials should be used. Materials shall be

selected for suitability to the type of

building and design in which they are used.

(5) Materials shall be of durable quality.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 5

(6) There should be definite transitions between

changes of material and in plane while

maintaining an overall simple geometry for

the building mass.

(7) Exterior building components such as windows,

doors, eaves, and parapets shall have

balanced proportions.

(8) All sides of a structure should receive

design consideration. A facade unrelated to

the rest of the building is not in keeping

with acceptable design.

(9) colors shall be harmonious, and accents, if

used, shall be compatible.

(10 All projections and mechanical details such

as louvers, exposed flashing, flues, vents,

gutters and downspouts are to be recognized

as architectural features and are to be

treated to match the color of the adjacent

surface or be an approved complementary

color.

(11) Mechanical equipment or other utility

hardware on the roof, ground, or elevations

shall, wherever possible, be located so as

not to be visible from any public ways or

adjacent residential areas. Where such

limitation on location is not possible, the

facilities shall be screened from public view

with materials harmonious with the buildinq.

(12) Refuse and waste removal areas, service

yards, storaqe yards, and exterior work areas

shall be screened from the view of public

rights of way with materials harmonious with

the building.

(13) Monotony of design in single or multiple

building projects shall be avoided.

Variation of detail, form and siting shall be

used to provide visual interest. In multiple

building projects, variable siting of

individual buildings may be used to prevent a.

monotonous appearance.

RICHMOND COUNTY LAID MARAGSHRIF ORDIRAICS (DRAFT) RICHMOND COUNTY, VIRGINIA
PRIPAR9D Of DAVID G. ILSPPIIGBI, AICP TOM AID COUNTRY PLANNING CONSULTANT PAGS NO. 7

C. Relationship Of Buildings to Site

(1) Projects shall reflect the character of the

site upon which they are located.

Compatibility to grade conditions, degree of

exposure from passers-by, the context of

adjacent structures, exceptional views, tree

masses, and size of the lot are some of the

factors to be considered.

(2) The site shall be planned to accomplish a

desirable transition with the streetscape,

and to provide for adequate planting, safe

pedestrian movement, and parking areas. All

plans shall demonstrate a concern for the

conservation of energy by their sensitivity

to factors such as- the orientation of a

building, the use and location of glass, and

the use of landscape materials on the site.

(3) Miscellaneous structures and street hardware

shall be designed to be part of the

architectuial and landscape design concept.

The materials sha.11 be compatible, the scale

RICHMOND COUNTY LAND X111GEN81f ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGIR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. I

shall be appropriate, and the colors shall be

in harmony with buildings and surroundings.

(4) Parking areas shall be treated with

decorative elements, building wall

extensions, plantings, berms or other means

so as to minimize the impact of parked

vehicles on the view from public rights of

way and adjacent residential areas.

(5) Fencing when proposed, should be included in

a plan of development and should be

consistent with the general plan for the

site.

(6) The design of fences and screening walls

shall give specific consideration to the

relief of monotony, such as breaking up major

fence lengths by complementary landscaping.

(7) Newly Installed utility services, and service

revisions necessitated by exterior

alterations, shall be underground.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPERINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 3

(8) Grades of walks, parking spaces, terraces,

and other paved areas shall provide an

inviting and stable appearance for walking

and, if seating is provided, for sitting.

d. Relationship of Project to Adjoining Areas

(1) Designers shall demonstrate a harmony in

texture, lines, and masses between all

adjacent buildings. Monotony shall be

avoided.

(2) The height and scale of each building shall

be compatible with its site and existing and

anticipated adjoining buildings.

(3) Adjacent buildings of-different architectural

styles shall be made compatible by such means

as screens, sight breaks and materials.

(4) Attractive landscape transition to adjoining

properties or compatible use characteristics

shall be provided.

RICHARD COUNTY LAND MANAGEMENT ORIDANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULSTANT PAGE NO. 10

(5) Project features which may have negative

impacts upon adjacent properties, such as

parking lots, service entrances, loading

zones, mechanical equipment, etc., shall be

buffered from adjacent properties.

(6) Development or project names shall not

duplicate or nearly duplicate the name or

sound of any existing or approved development

or subdivision within the County and also

within surrounding jurisdictions in which

automatic emergency response areas exist.

All proposed names shall be subject to

approval by the plan-approving authority.

e. Landscape and Site Treatment

(1) Natural or existing topographic patterns

shall be preserved and enhanced when it

contributes to the beauty and utility of a

development. Modification to topography will

be permitted where It contributes to good

appearance and utility.

RICHMOND COUNTY LAND MANAGEMENT ORIDNANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN COUNTRY PLANNING CONSULTANT PAGE NO. 11

(2) Each landscape plan shall address the

functional aspects of landscaping such as

drainage, erosion prevention, wind barriers,

provisions for shade, energy conservation,

sound absorption, dust abatement -- and

reduction of glare.

(3) Landscape treatment shall be provided to

enhance architectural features, strengthen

vistas, provide shade and nuisance buffers.

(4) Unity of design shall be achieved by

repetition of certain plant varieties and

other materials, and by correlation with

adjacent developments.

(5) Plant material shall be selected for interest

in its structure, texture, and color and for

its ultimate growth. Plants that are

indigenous to the area and others that will

be hardy, harmonious to the design, and of

attractive appearance shall be used.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED B DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO.12

(6) Parking areas and related trafficways shall

be enhanced with landscaped areas, Including

trees or tree groupings.

(7) In locations where plants will be susceptible

to injury by pedestrian or motor traffic,

they shall be protected by appropriate curbs,

tree guards, or other devices.

(8) Where landscaping is used as screening, it

shall be equally effective in winter and

summer.

(9) In areas where general planting will not

prosper, other materials shall be used, such

as indigenous species and fences.

(10) Landscape screening shall be of a height and

density so that it provides the full desired

effect within three years growing time.

RICHMOND COUNTY LAND MANAGEMENT ORIDNANCE (DRAFT) RICHARD COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPLPINGER, AICP TOWN AND COUNTY PLANNING CONSULTANT PAGE NO. 13

f signs

(1) Every sign shall have appropriate scale in

its design and in its visual relationship to

buildings and surroundings.

(2) Every sign shall be designed as an integral

architectural element of the building and

site to which it principally relates.

(3) The colors, materials and lighting of every

sign shall be restrained an d harmonious with

the building and site to which it principally

relates.

(4) The number of colors and graphic elements on

a sign shall be held to the minimum needed to

convey the sign's major message, and shall be

composed in proportion to the area of the

;Agn face. The listing of individual

services rendered or items offered for sale,,

and the use of telephone numbers, street

addresses, arrows, and multiple logos on a

sign are generally unacceptable.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHARD COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO.14

(5) Identification signs of a prototype design

and logos shall conform to the criteria for

all other signs.

(6) Each sign shall be compatible with signs on

adJoining premises, and shall not compete for

attention.

9. Lighting

(1) All exterior lighting should balance the need

for energy conservation with needs for

safety, security and decoration.

(2) where decorative exterior floodlighting is

used, it shall consist of an appropriate

composition of brightness relationships,

textures, and restrained colors to dramatize

a setting and extend the hours of the

setting's usefulness. Floodlighting fixtures

shall be located or shielded so that their

presence Is minimized.

(3) All exterior lighting shall be part of the

architectural/security and landscape design

RICHMOND COUNTY LAND MANAGEMENT ORIDANANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 15

concept. Light fixtures, standards and all

exposed accessories shall be concealed or be

harmonious with other project design

materials.

(4) Exterior lighting shall not be designed to

permit an adverse effect upon neighboring

properties.

(5) All free standing parking lot and internal

access route lighting shall be color

corrected, high pressure sodium vapor

luminaries.

h. maintenance considerations

Continued quality of appearance depends upon the

extent and quality of maintenance. The choice of

materials and their use, together with the types

of finishes and other protective measures, must be

conducive to easy maintenance and upkeep.

RICHMOND COUNTY LAND MIJAGWIT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA-
PR9PkR1D BY DAVID L. ILSPPING9R, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. it

(1) Buildings and appurtenances, including signs,

shall be cleaned and painted or repaired as

required to present a neat appearance.

(2) Deteriorated, worn, or damaged features shall

be rebuilt or replaced. illuminated elements

of buildings and signs shall be replaced as

required to maintain the effect for which

designed.

(3) Landscape materials, other than plantings,

which have deteriorated or have been damaged

or defaced, shall be properly repaired or

replaced.

(4) Plantings should be- kept watered, fed,

cultivated, and pruned as required to give a

healthy and well groomed appearance during

all seasons. Plant materials which have

deteriorated or died shall be replaced with

healthy plantings.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PEPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 17

(5) Parking areas should be kept in good repair,

properly marked, and clear. of litter and

debris.

(6) Vacant property shall be kept free of refuse

and debris, and shall have the vegetation cut

periodically during the growing season if

located in developing areas. No landscape

design, plant materials , or other exterior

design feature of the site approved by the

County shall be significantly modified as a

result of maintenance procedures, unless

approved by the Land Use Administrator.

(7) materials and finishes shall be selected for

their durability and wear as well as for

their beauty. Proper measures and devices

shall be incorporated for protection against

the elements, neglect, damage and abuse.

(8) Provisions for washing and cleaning of,

buildings and structures, and control of dirt

and refuse, shall be included in the design.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 18

i. Preservation of Natural Features

(1) Natural features such as trees, hilltops and

views, natural terrain, open waters and

natural drainage lines shall be preserved

whenever possible in designing any

development.

(2) Topsoil shall not be removed from areas

intended for lawn or open space. Topsoil

removed during the course of construction

shall be redistributed on to these areas and

shall be stabilized by approved seeding

and/or planting.

(3) A conscious effort shall be made to preserve

all worthwhile trees-and shrubs which exist

on the site. Stripping trees from a lot or

filling around trees on a lot shall not be

permitted unless it can be shown that grading

or construction requirements necessitate

removal of trees, in which case these lots

shall be replanted with trees to reestablish

the tone of the a rea.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRYI) RICHMOND COUNTY, VIRGIIII
PREPAIRD ly DAVID L. KLBPPINGBI, AICP TOWN IND COUNTRY PLANNING CONSULTANT PIGS 00. 19

(4) The, removal of trees or the clearing and

grading of land by the developer shall be

generally permitted only to accommodate the

construction and installation of those

improvements.

(5) Any proposed grade changes shall be

compatible with the grade established by the

surrounding area.

(6) The developer shall preserve significant and

sensitive natural and cultural resources

including unique or irreplaceable land types

such as prime agricultural lands.

(7) The indiscriminate and excessive cutting of

trees, which may potentially result in

increased surface drainage or run-off and

soil erosion shall be avoided.

RICHMOND COUNTY LAND MANAGHNINT ORDINANCI (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPING91, AICP TOVN IND COUNTRY PLANNIEG CONSULTANT PAGI No. 20

4-2 LAND DIVISION DESIGN STANDARDS

4-2-1 PURPOSE AND INTENT

The purpose of managing lotting layout is to promote

efficiency and economy in the process of land division,

the proper arrangement of lots in relationship to each

other and to existing and planned streets and other

features of the Comprehensive Plan, the protection of

water quality, wetlands, wildlife habitats, historic,

scenic and archaeological sites, steep slopes,

shorelines, and other significant and sensitive

resources, protection against flooding, erosion and

sedimentation, the provision of adequate open spaces

for recreation, light, and- air, the convenient

distribution of population and traffic, and the

adequacy of streets, public utilities and other public

facilities. Toward this end, this Section:

establishes design and improvement standards for

the division of land in Richmond County;

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT1 RICHMOND COUNTY, VIRGINIA
""F, " 'AV" L. XWPINGIR, AICP TOWN AND COUNTRY PLANNING CONSULYAJ? PAGE 10. 1

ensures that purchasers of lots, tracts and

parcels purchase a commodity that is accessible

and generally suitable for the Intended use;

insures orderly and safe spacing, size, shape,

design, and distribution of lots for residential,

commercial, industrial and other uses.

4-2-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

Plans prepared for subdivision approval shall comply

with the submittal requirements of Exhibit 4 in Section

2-2-6 and the development design shall comply with the

design provisions of this ordinance.

4-2-3 GENERAL REQUIREMENTS

a. Preservation of Resources

Layout of the development shall be based upon a

Resource Inventory as described in Section 2-2-4.

Streets and lots shall be designed and situated to

preserve the favorable characteristics of the site

and to minimize alteration of the natural and

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BT DAVID L. XL8PPING91, AICP TOY# AID COWIT PLANNING CONSULTANT PAGE NO. 2

culturally significant site features to be

preserved. Unique and fragile elements, including

but not limited to, prime agricultural lands,

scenic viewsheds and corridors, significant

habitat areas, floodplains, wetlands and steep

slopes shall be preserved where practical, with

development targeted for environmentally stable

areas.

b. Provision of open Space

The subdivision layout shall be designed in

accordance with the principles and standards

contained in this Ordinance with the obJective of

achieving the most advantageous development of the

subdivision and adJoining areas. The utilization

of purposeful open 5pace-providing layouts and

design techniques is required.

C. Compliance with Zoning Provisions of Article 3

The subdivision layout shall be in full compliance

with all applicable zoning provisions of Article

3,including any limitations on area, dimensions,

number or location of lots.

RICHMOND COUNTY LAND MAI1G8X9KT ORDIMANC9 (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARSD Of DAVID L. ILIPPING91, AICP TOWN AID COUNTRY PLAINIWG CONSULTANT P169 10. 3

d Compliance with the Comprehensive Plan

The subdivision layout shall conform in all

essential respects with the Comprehensive Plan.

4-2-4 LAYOUT OF STREETS AS IT RELATE TO LOT AND BLOCK

CONFIGURATION

a. Compliance with Section 4-3 and other Provisions

of this ordinance

The location, alignment, grade, width and drainage

of all streets and roads sha 11 comply with the

design standards and specifications for roads,

streets, drainage, water and sewer construction

and improvements as specified in this ordinance

and applicable specifications of the Virginia

Department of Transportation.

b. Street Layout Shall Promote the Economic Use of

the Site

The street layout shall be designed to create

desirable building lots and building sites while

respecting existing topography and shorelines,

avoiding impact on wetlands, minimizing street

grades, avoiding excessive cuts and fills, and

RICHMOND CONTf LIND MANAGEMENT ORDINANCE (DRY?) RICHMOND COUNTY, VIRGIMI1
PREPARED 81 DAVID 6. 1L8PP[IG91, 11CP TOWN AID COUNTRY PLANNING CONSULTANT PAGE 90. 4

preserving trees, all to the maximum extent

feasible for a reasonable economic use of the

land.

C. Access

Every lot shall be served from a street

constructed to standards of the Virginia

Department of Transportation or as prescribed In

Section 4-3 of this Ordinance.

d. Facilitation of Proper Block Configurations

Streets shall be spaced to allow for blocks

meeting the dimensional requirements contained

herein and to minimize the number of intersections

with existing or proposed arterial thoroughfares.

e. Separation of Lots from Collector and Arterial

Roads

Where the division of land adJoIns a collector or

arterial road as specified in Section 4-3, the

plan-approving authority may require that measures

to be taken to reduce the impact of heavy traffic

on the proposed lots abutting or fronting upon

such thoroughfare, to minimize the number of

points of vehicular conflict, and to afford

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHNOND COUNTY, VIRGINIA
PREPARED Of DAVID L. KLIPPING9R, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE NO. 5

separation of through and local traffic, by means

of one of the following methods:

(1) By provid Ing vehicular access to such lots by

means of a marginal access street or service

drive separated from the highway by a

planting strip at least 30 feet in width and

connecting therewith at infrequent intervals.

(2) By designing reverse frontaqe lots having

access only from a parallel access or

subcollector street with vehicular access to

such lots from the major thoroughfare

prohibited by deed restrictions or other

means.

(3) The combination of driveways into shared

driveways between lots. The choice of the

most appropriate method of accomplishing the

desired purpose in a specific instance shall

be made by the plan-approving authority

giving consideration to topography and other

physical -conditions, the character of

existing and contemplated development in the

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 18

development and its surroundings, and other

pertinent factors.

f. Dual Frontage by Means of Rear Alleys

Alleys may be provided in residential, commercial

and industrial areas to provide rear access to

lots where required by design, utility or service

needs. In the absence of alleys, easements may be

provided for utility lines and/or drainage

facilities along rear lot lines if it affords a

most appropriate and efficient and resource

protection design.

9- Resubdivision of Lots on Private Streets

The resubdivision of lots which were created for

residential purposes but are located on private

streets shall not be permitted if the resultant

effect is the addition of buildable lots.

4-2-5 BLOCKS

a. Size

Residential blocks sha 11 normally not exceed 1,200

feet in length, or be less than 400 feet in

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 7

length, between street lines. in any residential

block more than 800 feet in length, a crosswalkway

of not less than 10 feet in width may be required

where necessary to provide convenient access to

schools, recreation areas, and other community

facilities within the open space network

envisioned by the requirements of Section 4-4 of

this ordinance.

b. Shape

Irregularity-shaped blocks indented by cul-de-sacs

or looped streets, and containing interior parks

or playgrounds, are anticipated acceptable given

the need to protect resources, provide common open

space and afford as many lots with adjacency to

open space.

C. Non-Residential Blocks

Blocks for business or industrial use shall be of

such length and width as may be necessary to serve

their prospective use, including adequate

provision for off-street parking and for the

loading and unloading of delivery vehicles.

RICHMOND COUNTI LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPIKGBR, AICP TOYN AND COUNTRY PLANNING CONSULTANT PAGE NO. I

4-2-6 LOTS

a. General Design

The lot arrangement, design, and orientation,

shall be such that all lots will provide

satisfactory building sites, properly related to

topography and the character of surrounding

development and result in quality neighborhoods

and working environments.

b. Dimension and size

The dimensions and areas of all lots shall comply

with the requirements of the zoning district in

which they are located. In any case where public

water supply and/or public sewerage are not

available or are not -to be provided, all

residential lots shall comply with the minimum lot

dimensions and areas established by the Health

officer after appropriate tests have been

performed, which dimensions may be greater than

required under the zoning regulations.

C. Depth to Width Ratio

Excessive lot depth in relation to lot width shall

be avoided. Except for unusual topographic

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 18

conditions, a ratio of depth to width of two to

one shall be considered a desirable maximum.

d. Access

Every lot shall abut upon, and have access to, a

street or road as herein defined.

e. Flag Lots

(1) Flags shall not be created solely to increase

lot yield, but to respond to topographic

conditions and to protect resources on the

site.

(2) The number of adjacent and parallel narrow

lot sections or accessways shall be limited,

generally to no more than two, so as not to

create an unreasonable potential for

confusion.

(3) Provision of a single common use driveway

shall be encouraged. The length of such

accessways shall be related to proposed lot

size but generally shall be limited to no

more than 1,200 feet. Width of accessw ays

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 18

shall not at any point be less than 25 feet

and shall be located and aligned for

reasonable access by motor vehicles,

including emergency services vehicles. Where

the lot served is sufficiently large to

permit further subdivision, the minimum width

of the accessway shall be 50 feet so that a

street may be constructed when further

subdivision takes place.

f. Double Frontage and Reverse Frontage Lots

Double frontage and reverse frontage lots shall be

avoided, except where their use is essential to

overcoming special topographic problems or to

separate development from collector and arterial

roads as specified in Section 4-2-4e. These lots

may require greater lot depths than normally

required or permitted by this ordinance.

g. Corner Lots

Corner lots shall provide sufficient width for

minimum required setbacks from both streets. The

plan-approving authorl ty may determine which side

is to be considered the front yard.

RICHMOND COUNTY LAND MA1AG8M817 ORDINANCE (DRAFf) RICHMOND COUNTY, VIRGINIA
IRPA111 If 1111D L. KLIPPINGER, AICP ?OWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 11

11, Side Lot Lines

Generally, side lot lines shall be approximately

at right angles or radial to the street line,

except where a variation to this requirement will

provide an improved street or lot layout or is

responsive to the topographic or resource features

of the site.

I. Remnants

Remnants or parcels of land below minimum area,
includi ng parcels which fail health depart'ment

tests, which may be left over after subdivision of

a tract shall be added to adjacent lots, or

otherwise disposed of rather than allowed to

remain as unusable parcels.

J. Adjacent Lands in Separate ownership being

Subdivided

Where ,,the land covered by a subdivision includes

two or more parcels in separate ownership, and

where the lot arrangement Is such that a property

ownership line divides one or more lots, the land

In each lot so divided shall be transferred by

deed to single ownership simultaneously with the

recording of the fina I plat. Said deed shall be

RICHMOND COUNTY LAND HANAGENSM? ORDINARCS (DRAFT) RICHMOND COUNTY, VIRGINIA
PR9PAR9D BY DAVID h. X1,811PING91, AICF TOWN AND COUNTRY PLANNING CONSULTANT PAG9 10. 12

deposited with the clerk of the court and held

with the final plat until the subdivider is ready

to record same, and both shall then be recorded

together.

4-2-7 MONUMENTS

a. Concrete or Stone

Permanent reference monuments, of stone or

reinforced concrete and at least 24 inches in

length and 3.5 inches by 3.5 inches square with

suitable center point, shall be set flush with the

finished grade. Such monuments shall be located

at all street corners, at all points where street

lines intersect exterior boundaries and at single

points and points of curvature and tangency in

each street.

b. Metal

Monuments of metal pipe at least 3/4 inches in

outside diameter or solid metal rod one-half inch

or more in diameter and at least 18 inches in

length, shall be set in place flush with the

finished grade at all intersections of alleys with

RICHMOND COUNTY LIND HAIAGERINT ORDINANCE (DRAFT) RICHMOID COUNTY, VIRGINIA
PREPARSD BY DAVID L. KLIPPING91, AfCP fOWN 110 COUNTRY PLANNING CONSULTANT PAGE NO. 13

streets, at all point on alleys, and boundary

lines where there is a change in direction or

curvature, and at all lot corners.

C. Rough staking for Utility Installation

Prior to setting monuments, rough stakinq is

permitted for purposes of installing utilities.

d. Inspection

Upon completion of subdivision streets, sewers and

other improvements, the developer shall make

certain that all monuments required by this

Ordinance are clearly visible for inspection and

use. Such monuments shall be inspected and

approved by the Land Use Administrator before any

Improvements are accepted by the County.

e. Replacement

Any person, developer, builder, firm or

corporation shall take the necessary precautions.

to protect all monuments and metal markers during

construction. Any monument which is moved or

destroyed shall be immediately reported to the.

Land Use Administrator and shall be replaced by

the developer.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED Of DAVID G. KLSPPINGSI, AICP TOIN AID COUNTIT PLAHIIIG COISULTANT PACE NO. 14

4-2-8 CEMETERY

A cemetery shall be considered a division of land for

the purposes of this ordinance and shall be subject to

the same general standards and review procedures as any

other division but need not comply with the specific

design standards for streets, blocks and lots as

required for other divisions of land. Any cemetery

hereafter established, whether intended for public or

private use, shall make provision for public access by

a right-of-way at least 50 feet in width.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 18

4-3 VEHICULAR RIGHTS-OF-WAY

4-3-1 PURPOSE AND INTENT

It is the purpose and Intent of these regulations to

facilitate the development of circulation systems which

permit the safe, efficient, and orderly movement of

vehicular traffic.

4-3-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

All plans of development proposing the construction of

new roads or private roads and driveways which

Intersect roads within the system.of roads maintained

by the Virginia Department of Transportation must

submit sufficient data and plans to comply with the

submission requirements of the Resident Engineer as

well as to demonstrate compliance with the requirements

of this ordinance.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 18

4-3-3 GENERAL REQUIREMENTS

a. Comprehensive Plan Requirements

Transportation systems shall be designed in

accordance with future densities and intensities

as envisl oned by the Comprehensive Plan.

b. Designed for Present and Future Needs

Road systems shall be designed to meet but not

exceed the needs of present and future populations

served, to have a simple and logical pattern which

respects resources and the natural terrain, and

presents an attractive streetscape.

C. Hierarchical Road System

Roads shall be laid out in accordance with a

hierarchical design whereby roads are defined by

function and traffic levels.

4-3-4 STREET AND ROAD CLASSIFICATIONS

All new streets and roads shall be classified according

to their function and the projected Average Daily

Traffic (ADT). Average Daily Traffic shall Include all

RICHMOND COUMff LAND MANAGEMENT ORDINANCE (DRYf) RICHMOND COUNTI, VIRGINIA
PREPARED Of DAVID L. KLIPPING91, AICP TOWN AND COUNTRI PLANNING CONSULTANT PAGE go. 2

traffic projected to result from the complete

development of land served by the subject street,

including both internal and external trips. The trip

generation rates contained In the most recent edition

of the Trip Generation manual published by the

Institute of Transportation Engineers, shall be used to

determine the projected ADT. The classification based

on ADT shall take precedence over the functional

description for purposes of determining street

geometrics.

a. Traffic Volume Classification and Description

New streets shall be classified according to the

total traffic projected for the street at full

development, Including full development of

adjoining properties which reas onably may be

expected to produce or attract traffic which will

utilize the street. This is depicted on Exhibit

RICHMOID COUNTY LAID MUMMY ORDINAICS (DRAFT) RICHMOND COUNTY, VIRGIi1-A
PIEPARED BY DAVID L. KUPPINGIR, AMP TOWN AND COURTRI PLANNING CONSULTANT PAG8 NO. 3

EXHIBIT
Street TRAFFIC VOLUME-BASED STREET CLASSIFICATIONS
Classification Minimum ADT Maximum APT

Access - 250
Subcollector 251 400
Minor Collector 401 1,000
MaJor Collector 1,001 4,000
Minor Arterial 4,001 8,000
MaJor Arterial over 8,000

b. Design Categories

(1) Access Street: Carries only the volume of

traffic generated on the street itself.

(2) Subcollector Street: May carry the volume of

at least one access street in addition to its

own volume.

(3) Collector Street: Unsuitable for providing

direct residential lot access, however,

occasionally no suitable alternative exists.

(4) Arterial Street: Direct residential lot

access is prohibited and commercial or

industrial lot access is controlled and

limited to high trip volume generators.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 18

C. Existing Streets

Where existing streets which are not otherwise

classified by the Comprehensive Plan abut or

affect the design of a proposed development, such

existing streets shall be classified in accordance

with the functional and traffic volume

descriptions contained in this Section.

4-3-5 ALIGNMENT AND LAYOUT

a. Coordination of Proposed Road with Existing Roads

In accordance with section 15.1-466(c) of the Code

of Virginia, all proposed streets shall be

designed to coordinate with other existing or

planned streets contiguous to or within the

general area of the proposed development or within

existing or future adjacent developments as to

location, width, grades, and drainage.

Connections, when required, with existing or

platted streets, shall be continuous without-

offset.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 18

b. Stub Streets

The plan-approving authority shall require that

adequate rights-of-way are platted to the boundary

line(s) of any development In order to afford

desirable street access to adjoining properties

and facilitate the development of effective and

efficient circulation system.

C. Conditions Whereby Stub Streets are Permanently

Terminated

Where a street right-of-way in an existing

development has been platted to the boundary line

of a proposed development, it shall be extended

and continued into said proposed development

unless excepted by the plan-approving authority

upon the recommendation of the Department of

Transportation and upon the plan-approving

authority making one of the following findings:

(1) such an extension would cause or contribute

to a demonstrable safety deficiency which

could not be. corrected in a practical or

economically efficient manner. In such

cases, the developer shall be responsible for

providing sufficient right-of-way and

RICHMOND COU#fT LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED Of DAVID L. KLIPPINGIR, IICP TOWN AND COUNTRI PLANNING CONSULTANT PAGE NO. 6

constructing within said right-of-way a

permanent circular or 'IT" turn-around shall

be provided per Department of Transportation

standards.

(2) The street right-of-way In the existing

development, although platted, has not had a

street constructed within it, is not

contained in the Comprehensive Plan, and it

is unlikely that, in the foreseeable future,

such a street will be constructed. In such

case, the developer shall not be responsible

for providing a turn-around.

d. Jogged Streets

Street Intersections shall be at least 150 feet

apart when measured from centerline to centerline.

Nonalignment of cross-street intersections shall

be prohibited, including street Jogs with

centerline offsets of less than 150 feet.

e. Intersection Geometrics

Streets shall intersect at a ninety degree (90*)

angle plus or minus five degrees (5*) for a

minimum of fifty feet (50') from the intersection.

11CHMORD COUN?f LAND HARICBM81f ORDIMANCR (DRAFT) RICHMOND COUNTY, VIRGINIA
PR9P`AR9D Of DAVID L. KUPPING91, AICP TOWN AID COUNf1f PLANNING CONSULTANT PACs NO. I

No intersection shall have more than four (4)

street approaches.

f. Residential Development Access

All developments of one hundred (100) or-more

dwelling units shall have two (2) means of ingress

and egress. A boulevard type of street design

providing a minimum ten-foot (101) wide median

between lanes or other design generally achieving

the same purpose may be accepted by the plan-

approving authority as satisfying this requirement

when the provision of two (2) separate means of

ingress and egress is determined to be difficult

or undesirable. Alternative access by means of

bike/hike paths are encouraged.

4-3-6 RIGHTS-OF-WAY

a. Dedication

Where a development abuts an existing public

right-of-way which has a width deficiency created

either because it is less than fifty feet (501) in

width or because adopted plans show that a greater

width will be necessary to accommodate those

RICHMOND COUNTY LARD MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. 11,9PPING91, A[CF TOVN AND COUNTRY PLANNING CONSULTANT PAGE NO. I

plans, the developer shall be required to dedicate

additional rights-of-way as follows:

(1) Where the development abuts one side of the

right-of-way, the developer shall dedicate

one-half of the right-of-way deficiency along

the frontage of the development.

(2) Where the development abuts both sides of the

right-of-way, the developer shall dedicate

all of the right-of-way deficiency alonq the

frontages of the development.

b. Construction in Accordance with Community Plans

Where the development embraces any part of an

arterial or collector street or thoroughfare shown

on an approved Comprehensive Plan, Official Map or

Transportation Plan, such street or thoroughfare

shall be platted for dedication in the location

and width indicated on such plan or map and,

except in the case of a limited or controlled

access facility, shall be constructed and

integrated as a part of the development.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 9

C. miniMUM Right of Way widths

The minimum right-of-way width shall be in

accordance with the provisions contained in

Section 4-3-7 of this Chapter based on the

function and classification of the street. in no

case, however, shall the right-of-way width be

less than fifty feet (501).

4-3-7 GEOMETRIC STANDARDS

a. Continuity of Design

All streets shall have a continuity of desiqn

throughout their entire length. Multiple or step-

down designs shall not be permitted except that a

transition may be permitted at a four-way

intersection or other major traffic generator

which would constitute a clear demarcation of said

change.

b. Pavement Width

Pavement width for streets without curb and gutter

are as shown on Exhibi t

RICHMOND COUNIT LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BT DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTAlf PAGE NO. 10

MINT
GEOMETRIC STANDARDS FOR LOCAL ROADS

Minimum Minimum Residential Minimum
Design R-O-W Lot Access Pavement
Classification Speed Width Permitted Width
(no curb
gutter)

Access 30 501 Yes 221
Subcollector 30 501 Yes 241
Minor Collector 40 501 3 211
Major Collector 50 601 No 261
Minor Arterial 60 60, No 281
Major Arterial 60 No

GEOMETRIC STANDARDS FOR TERTIARY
SUBDIVISION STREETS

Access 30 401 Yes 18,
Subcollector 30 501 Yes 201
Minor Collector 30 501 1 221

'Generally not permitted, but Agent may allow on a case-by-case basis in
accordance with section 4-3-4.

*Variable

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLSPPINGKR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 11

4-3-8 CONSTRUCTION STANDARDS

a. Compliance with Department of Transportation

Standards

Unless otherwise specifically provided in this

ordinance, all streets shall be in conformance

with Department of Transportation requirements.

b. Cross-Sections

Street cross-sections shall be based on the load

bearing capacities of soils located within

proposed street rights-of-way as detailed in a

subsurface soils report, certified by a

geotechnical engineer. The plan-approving

authority may, however, upon the recormnendation of

the Department of Transportation, waive or modify

this requirement when there is sufficient cause to

believe that such a report is unnecessary.

C. Plans Require Department of Transportation

Approval

Street construction plans shall be submitted to

and approved by both the Department of

Transportation and the County as a part of the

review process required by this ordinance.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) 11CHMOND COUNTY, VIRGINIA
PREPARSD BY DAVID L. KLIPPINGIR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 12

d. Construction Guarantees

Street construction guarantees shall not be fully

released until said street(s) have been accepted

Into the State Secondary System.

4-3-9 CURB AND GUTTER STREETS

Curb and gutter streets shall be when required by the

Virginia Department of Transportation.

4-3-10 CUL-DE-SAC STREETS

a. Length of Cul-de-Sac

Cul-de-sac streets shall not exceed 1,500 feet in

length, or serve more than 35 dwellings. The

length shall be measured from the end of the cul-

de-sac to the closest intersection which provides

a means of egress from the development, either

directly or indirectly. Where the plan-approving

authority determines that the topography, property

configuration or other physical constraints are

such that a cul-de-sac of greater length is

required or desirable for the effective and
RICHMOND COUNTY LAND KAIAGSMEIT ORDINAKC9 (DRAFT) RICHMOND COUNTY, VIRGINIA 01
PR9PIRID BY DAVID L. XLBPPINGER, AIC? TOWN AND COUNTRY PLANNING CONSULTANT PAGS NO. 13

efficient development of the property, the plan-

approving authority may authorize cul-de-sacs

which exceed 1,500 feet in length provided that a

landscaped median is provided which divides the

cul-de-sac street into two distinct and separate

lanes. Median breaks shall be provided at street

intersections and at other locations along the

street such that there is a median break at least

at 300-foot intervals. Median islands can only be

installed, however, if a property owners'

association with the capacity to maintain the

landscaped median is to be created and notations

to this effect shall be clearly indicated on the

approved plan and documents recorded in the
Courthouse.

b. Dead End Street Signs

A sign shall be posted at the entrance to any cul-

de-sac indicating It is a dead end street, If the

end of the cul-de-sac is not clearly visible from

the entrance.

C. Cul-de-Sac Turnaround Design

Cul-de-sac streets shall be terminated by a turn-

around having a minimum pavement radius of forty-

RICHMOND COUNTY LAND MANAGEMEN? ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP ?OWN AND COUNTRY PLANNING CONSULTANT PAGE 80. 14

five (45) feet. Center islands positioned within

the center of the turn-around, which possess an

eighteen (18) foot radius or less, are encouraged

to be installed if a property owners' association

with the capacity to maintain the landscaped

center islands is to be created and notations to

this effect shall be clearly indicated on the

approved plan and documents recorded in the

Courthouse.

4-3-11 SERVICE ALLEYS
0q01
In certain situations, the use of service alleys may be

a desirable alternative to the more traditional type of

development. Since alleys may be permitted, however,

the following conditions shall apply:

a. Frontage

Fronta,�e on an alley shall not be construed to

satisfy any lot frontage requirements oF Article.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 15

b Maintenance of Alleys

Service alleys shall only be created if to be

maintained and perpetuated by a property owners'

association with the capacity to maintain the

service alleys to be created and notations to this

effect shall be clearly indicated on the approved

plan and documents recorded in the courthouse.

C. Alley Design

Service alleys shall have a minimum right-of-way

width of fourteen (14) feet, a minimum pavement

width of ten (10) feet, and a maximum length of
lie 500 feet

d. Alleys Not Designed to Handle Through Traffic

Transportation system design shall be such that

alleys are not used by vehicular through traffic

desiring to bypass roads more suitable for their

passage.

e. Dead End Alleys

Where alleys are proposed to terminate In a cul-

de-sac, either a circular or a 'IT" turnaround

shall be provided.

RICHMOND COUNTY LAND MIJIGRAINT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. 11,9PPINGE1, AICP TOWN IND COUNTRY PLANNING CONSULTANT PAGE NO. 16

4-3-12 REGULATORY AND TRAFFIC SIGNS

a. Developer Responsible for Providing Signs

The developer shall be responsible for the

provision of all regulatory and traffic signs

required to maintain and ensure traffic safety

during and after construction of improvements.

This shall include the provision, if required by

the plan-approving authority after consultation

with the Department of Transportation, of

temporary or permanent regulatory and traffic

signs during construction.

b. Signs Erected Prior to Issuance of Building

Permits

All intersections of development streets with

existing public roadways shall be provided with

appropriate STOP or YIELD signs, as determined by

the Department of Transportation, prior to the

issuance of any building permits for any structure

on a lot contained within said development

accessed directly or indirectly through such

intersection.

RICHMOND COUNTY LAND MANAGSK911 ORDINANCR (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARSO BY DAVID L. KLIPPIIGER, AIC? TOWN AID COUNTRY PLANNING CONSULTANT PAGI 00. 17

C. signs Erected Prior to Building ordinance

All required regulatory and traffic signs within

any development shall be installed prior to

occupancy of any structure within the development.

4-3-13 SIGHT TRIANGLES

a. Site Triangle Area Defined

Sight triangles shall be required at all

intersections. Sight triangles shall include the

area on each corner that is bounded by the

pavement edge lines from the sight points to the

point of Intersection and the connectinq line

(hypotenuse) between the sight point location

along a street shall be determined as shown in

Exhibit

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 18

EXHIBIT
SITE TRIANGLE REQUIREMENTS

Distance from Point
Street of Intersection
Classification ---(Feet)--

Access Street 20
Subcollector 20
Minor Collector 3U
Major Collector 40
Minor Arterial 50

b. Site Triangle Clearance

Signs, plantings, structures or other obstructions

which obscure or impede sight lines between three

feet (31) and six feet (61) in height above qrade

shall be prohibited within the sight triang1e.

C. Depcit on Plan of Development

The sight triangle shall be clearly shown and its

purposes noted on the Final Plat.

4-3-14 PRIVATE ROADS

Developments which contain private roads as allowed

must, as a minimum, meet each of the requirements set

for the under either Type I or Type II below:

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 19

a Type

Type I private roads must meet or exceed each of

the following requirements:

(1) The private roads must connect directly -to a

state-maintained hard-surfaced road at one

location and not connect to any other road.

All roads in the proposed development shall

be designed and constructed in accordance

with the most current edition of Yj_r_g_j.n.1a

Dep_qrtaerLt of Tran-S-D-orta-tio.n---Su.bdi-vi-si-o.n

Street Reguirements, as well as other

applicable regulations of the Department or
In' accordance with the design standards as

set forth in Exhibit except that the

road need not be hard surfaced.

(2) No lot of such development to be served by a

private road shall be less than five (5)

acr in land area. No more than twenty-four

(24) lots shall be within such development.

(3) The developer shall erect, within twenty-five

(25) feet of the point where the primary

access road to the development Joins a State
@N
0 10

pri va

acr

RICHMOND COUNTY LIND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID h. KLIPPING81, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAG8 NO. 20

maintained road, a permanent sign, clearly

visible from the State maintained road,

containing the following statement in block

letters no less than three (3) inches high:

THE UNPAVED ROADS IN THIS DEVELOPMENT

WILL NOT BE PAVED OR MAINTAINED

AT PUBLIC EXPENSE.

Such siqn shall be maintained by the

developer and the orqanization established

pursuant to Subsection (8) below, in clearly

visible condition, so long as the subdivider

owns any lot in the development.

(4) Each private road shall be clearly marked as

such on the final plat of any development,

and the subdivider shall have boldly printed

upon the final plat, which must also be

i,hcluded in the, real estate sales/land

contract and as a covenant in each deed for a

lot in the subdivision the following

statements:

RICHMOND COUNTY LAND MA1AG9M91T ORKNANCR (DRAFT) RICHMOND COURTY', VIRGINIA
PREPARED BY DAVID L. ALIPPING9R, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGR 80. 21

THE PRIVATE ROADS IN THIS SUBDIVISION WILL

NOT BE PAVED OR MAINTAINED WITH FUNDS OF

RICHMOND COUNTY OR FUNDS ADMINISTERED BY THE

VIRGINIA DEPARTMENT OF TRANSPORTATION. IN

ADDITION, RICHMOND COUNTY SCHOOL

TRANSPORTATION POLICIES WILL NOT ALLOW SCHOOL

BUSES TO TRAVEL AND PICK UP CHILDREN ON

PRIVATE ROADS. IN THE EVENT THAT OWNERS OF

LOTS IN THE SUBDIVISION SUBSEQUENTLY DESIRE

THE ADDITION OF SUCH PRIVATE ROADS TO THE

SECONDARY SYSTEM OF STATE HIGHWAYS FOR

MAINTENANCE, THE COST TO UPGRADE IT TO THE

PRESCRIBED STANDARDS MUST BE PROVIDED FROM

FUNDS OTHER THAN THOSE ADMINISTERED BY THE

VIRGINIA DEPARTMENT OF TRANSPORTATION OR

RICHMOND COUNTY. PRIVATE ROADS IN THIS

SUBDIVISION ARE NOT DEDICATED AND ARE OWNED

BY (trust, corDoratio iation).

(5) Except where required by the plan-approving

authority to serve a specified public

purpose, such private road shall not be

designed to serve through traffic nor to

intersect the St.ate highway system in more

than one location.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. K1,8PPING81, AIC? TOWN AID COUNTRf PLANNING CONSULTANT PAGE 90. 22

(6) Any such private road shall be adequate to

carry the traffic volume which may be

reasonably expected to be generated by such

subdivision.

(7) The fee simple ownership of such private road

Is to be owned by a private membership

corporation, association, or trust

established pursuant to Subparagraph (8)

below.

(8) The subdivider shall create and establish by

properly executed documents a trust,

membership corporation, or property owners'

association for the purpose of maintaininq

and Improving the roads in the development.

The trust agreement, articles of

incorporation, or bylaws of such trust,

corporation or association shall be in

substantial compliance with the form of trust

agreement, articles of incorporation, or

bylaws, which the agent may from time to time

prescribe.

RICHMOND COUNTY LAND KINAGSHEIT ORDINANCE (DRAFT) RICHMOND COUNTF, VIRGINIA
PREPARED BY DAVID L. ILIPP11GER, AICP TOVR AND COUNTRY PLANNING CONSULTANT PAGE NO, 23

(9) The initial funding of the road maintenance

fund of the trust, corporation, or

association to be established as aforesaid,

shall be provided by the developer depositing

to the credit of such trust, corporation, or

association five (5) percent of the gross

sales price for each lot sold in said

development or a minimum of $500.00 per lot,

whichever is greater. Such percentage of the

gross sales price shall be paid upon closing

of each and every lot in said subdivision.

Gross sales price as used herein shall mean

the selling price to a bona fide third party

purchase, and in the event of a sale which is
not A arm-s length, the gross sellinq price

shall be deemed to be the qreater of (a) the

actual market value of such lot as determined

by the trustees, corporation, or association

to be established as aforesaid, or (b) the

assessed value of such lot for real estate

tax purposes, whichever is less.

b. Type 11:

Type Il private roads must meet or exceed each of

the following requirements:

RICHROID COU1?Y LAND HARAGSHEI? ORDINANCE (DRIFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. 1UPPINGIR, AICP TOWN IND COUNTRY PLANNING CONSULTANT PAGE NO. 24

(1) The private road must connect directly to a

State-maintained hard-surfaced road at one

location and not connect to any other road.

(2) The applicable design and construction

standards of Exhibit shall apply.

(3) The private road must be no more than 500

feet long.

(4) No more than five (5) lots abut the road.

(5) Each private road shall be clearly marked as

such on the final plat of any development,

and the developer shall have boldly printed

upon the final plat, which must also be

included in the real estate sales/land

contract and as a covenant in each deed for a

lot In the subdivision, the statements

identified in 4-3-14a(4) above.

RICHROND COUNTY LIND MANAGEMENT ORDINANCE (DRAFT) RICHROND COUNTY, VIRGINIA
PRBPAR90 BY DAVID L. KLSPPING91, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE No. 23

DISIGN FOR PRIVATI GRAVEL ROADS

minimum
to. of Lots minimum stopping Gravel minimum Depth of minimum
Served by Kaximue Design sight Surface Shoulder VDOT Iggre- Riqht-of-
Road Segmentt Gradett Speed Distance Width Width Subbase gate Basettt Surface Vay Vidth
1.0 M (mpg) (Feet) (Feet) (Feet)
L`ethan 5 12 25 160 20 5 41 select P VDOT 125 Gravel 50
material VDOT or 126
Type 1, 11, or

6 or more 12 35 240 20 5 61 select 61 VDOT 125 Gravel 50
material VDOT or 126
Type I or 11

Number of lots served shall mean the aggregate of all lots served by such road segment and all lots having access over
such segment to a public road. Road segment shall mean each portion of a private road between its intersection with
other private or public roads.

Maximum grade may exceed 12 percent up to a maximum of 18 percent for a maximum length of 300 feet, provided 61 of 125
r 126 aggregate base is placed with prime and double seal surface treatment in accordance with VOOT specifications.
fit :epth of aggregate base is compacted depth. Loose aggregate of P+ will compact to 61 depth. Loose aggregate of 5-
1/21-f will compact to 41 depth.

RICHMOND COUNTY LAND MAIAG8M91T ORDINAICE (DRAFT) RICHMOND COUNTY, VIRGINIA
PRBPARKD 81 DAVID L. KLSPPINGER, AICP TOWN AID COUNTRY PLANNING CONSULTANT

4-3-15 ACCELERATION/DECELERATION LANES

Acceleration/deceleration lanes shall be provided as

required by the Virginia Department of Transportation

in accordance with the traffic volumes in the vicinity

and the projected effect of the proposed development on

such traffic volumes.

4-3-16 RIGHT-OF-WAY WIDENING

In the event the property being developed abuts a road

having a right-of-way width which is less than that

required for its particular functional classification

as determined by the Virginia Department of

Transportation, the developer shall be responsible for

providing a reserve strip, equal in width to one-half

(1/2) of the total right-of-way deficiency, for future

highway and drainage improvements.

4-3-17-. STREET NAMES

a. Names of proposed streets shall not duplicate or

nearly duplicate the name, spelling or sound of

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 26

any existing or approved street name within the

County or within any portion of an abutting

Jurisdiction which is in an automatic and mutual

emergency response area and/or where such a mutual

emergency response agreement has a reasonable

potential to be established.

b. Proposed streets which align with planned,

recorded or existing streets shall bear the name

of the planned, recorded or existing streets. 'rhe

plan-approving authority, however, may require the

use of a different street name when it is

determined that such action is in the best

interest of public safety.

C. Street.names shall be indicated on every Plan of

Development and the record plat and shall be

approved by the plan-approving authority.

d. Names of recorded or existing streets shall not be

changed except by resolution of the Board of

Supervisors.

RICHMOND COU1fT LAND MANAGEM911 ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DIVID L. ILIPPINGER, AICP fOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 27

4-3-18 STREET SIGNS

a. Street Signs to be Installed at Intersections

a. Permanent street identification signs of a design

approved by the plan-approving authority shall be

installed at all intersections by the developer.

Permanent street signs shall have reflective

backgrounds and lettering and shall conform with

the following size standards based on the existinq

or anticipated posted speed limit of the roadway

to which the sign faces:

Minimum Letter i.n.g__fttqht 01
Speed Limit sign Size Q Der Case

less than 35 mph 5x24-3611 411
36-50 mph 8x36-45 611
50+ mph 12x45-5511 811

b. Street Signs for Private and Public streets

Streets within the state system shall have signs

with green reflective backgrounds. Private roads

shall have signs with white reflective

backgrounds.

RICHMOND COUNTY LAND KARAGSH911 ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINII
PREPARED BY DAVID L. KLIPPINGHR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAG9 No. 28

C. Installed Before Issuance of Certificate of

Occupancy

Prior to the Issuance of Certificates of

Occupancy, street identification signs shall be

Installed, by the developer, at all street

intersections through which access to the lot(s)

upon which construction will occur passes.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 29

4-4 OPEN SPACE AND RECREATION

4-4-1 PURPOSE AND INTENT

The purpose and intent of these regulations is to

maintain a sense of openness associated with rural

areas within newly constructed developments and the

County in general, preserve and protect significant and

sensitive natural and cultural resources, and provide

active and passive recreational opportunities

approximate to the citizens of the County.

4-4-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

Plans of development shall identify the location and

type of common open space and the type of proposed

recreational uses and facilities. Justification of the

recreational uses proposed should be provided and

compliance with these regulations shall be.

demonstrated.

RICHMOND COUNTY LAND MANAGSM917 ORDINANCI (DRAFT) RICHMOND COUNTY, VIRGINIA
PRKPARRD BY DAVID L. IL9PPINGSR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PACE NO. I

4-4-3 GENERAL REQUIREMENTS

a. Common Open Space Required

All development shall include open space areas as

part of the plan of development. Open space-shall

generally mean all areas not utilized for

buildings, roads and parking, loading areas or

accessory structures. Areas qualifying as open

space include, but are not limited to natural

undisturbed areas, landscaped areas, ponds and

lakes, wetlands, dedicated wildlife preserves,

buffer areas and ancillary recreational amenities

such as playlots, playgrounds, swimminq pools,

tennis courts and golf courses.

b. Location

(1) An effective open space system should tie

together a number of diverse recreational

activity areas with adequate pedestrian

pathways and auto/bicycle access for

residents it Is intended to serve. AS many

homes as possible should have direct access

to the open space of a development. Open

space shall be distributed throughout the

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT! RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, 1IC? TOWN AND COUNTRY PLANNING CONSULTANT PIGI NO. 2

development so that there is a hierarchy of

activities from preservation areas to passive

open space adjacent and between development

areas to appropriately buffered active

recreational areas. Designating all open

space in one portion of a development is to

be discouraged.

(2) Usable recreation space should be provided

for -active recreation within one-quarter

(1/4) mile of all dwelling units. Part of

this may be a lake or a pond having a

substantially constant water level.

(3) Active recreation should be visibly close but

shall not Interfere with the privacy of

adjacent residents. These areas should be

designed to accommodate the recreational

needs of the project's intended age groups.

C. Nature of Common open Space

(1) In residential developments requiring major

plan of development approval, a percentage of

the required general open space shall be

RICHMORD COUNTY LAND MAIAGMIT ORMANCS (DRAFT) RICHMOND COUNTY, VIRGINIA
PRIPARED BY DAVID L. IMPINGER, AICP TOWN AND COUNTRY PLARKING COMMIT PAGS NO. 3

specifically restricted for use as common

open space through deed restrictions,

covenants, public dedication or other methods

acceptable to the plan-approving authority.

The percentage of required general open space

needed to satisfy this standard is in

accordance with the area regulations for the

base zoning district(s) the site lies within

(see Article 3). Open space shall be ieqaliy

described and depicted on the subdivision

plat to be recorded. in rental apartment

developments or other residential

developments not requiring subdivision of

land and subsequent recording of a plat,

common open space shall be required, but

shall be identified on the approved

development plan. The restricted area shall

be referred to in this section as "common

open space."

(2) Lands included as common open space may

include historic sites or lands planned for

active recreational uses, such as: golf

courses, tennis courts, areas for other court

games, pedestrian, bike and equestrian

RICHMOND COUNTY LAND MANIGININT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED Of DAVID L. KLIPPING81, AICP TOWN 110 COUNfRI PLANNING CONSULTANT PAGE NO. 4

trails, plaza areas for crowd congreqatinq,

playfields, playgrounds, picnic areas, horse

stables, or passive recreation areas. Common

open space may also include areas subject to

restrictions, such as wetlands, beaches, and

habitat areas which shall be planned for

limited use and access and appropriate

protection.

(3) Not more than fifty (50) percent of the total

required common open space area for all

residential developments shall be unusable

areas, unless such additional usable areas

are made accessible to residents of the

development.

(4) Wherever feasible, the common open space

shall connect into existing County parks,

recreation or conservation lands, historic

sites, or lands proposed for park, recreation

or conservation in the Comprehensive Plan, or.

lands in adJacent developments that are set

aside, or proposed to be set aside, for

common open space.

RICHMOND COUNTY LAND MANAGEMENT ORDINAICK (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPAR90 Of DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 90. 5

4-4-4 PRESERVATION OPEN SPACE AND RECREATIONAL OPEN SPACE

As a landscape feature and asset, open space is

encouraged in all developments, even when not required.

The objectives of the landscape treatment of open 'space

is to provide the opportunity and space for active and

passive recreation In all areas of human activity and

residence, to protect and enhance the County, natural

amenities such as wooded areas, water bodies, streams,

greenbelts, and to reinforce the rural image of

Richmond County. All common open space areas shall be

designated as one (1) of two (2) types, Preservation or

Recreation open Space, as follows:

a. Preservation open Space.

This treatment is appropriate in areas adjacent to

and inclusive of natural amenities to be

preserved, such as wooded areas, water bodies,

streams, wetlands, greenbelts, as well as

undevelopable areas. The following standards

shall apply:

(1) use open space to preserve existing natural

amenities during site planning.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCR (DRAFT) RICHMOND COUNTY, VIRGINIA
PRIPARED Of DAVID L. XLEPPINGER, 1ICP TOWN AND COUNTRY PLANNING CONSULTINT PAGE NO. 6

(2) Provide pedestrian walkways, bikeways, and

bridges as necessary to connect to open space

on adJacent tracts of land.

(3) Cleared areas shall be renaturalized where

appropriate.

(4) Any maJor plan of development along

waterbodies shall provide common open space

along the entirety of the waterbody at least

to the limits of the Resource Protection Area

(RPA).

b. Recreational Open Space.

Recreational open space includes lands provided

for active recreation and passive recreation and

as additions to park lands. it can take on many

forms, from a tot lot or tennis and swimming

complex in a residential development to an Engiish

landscape garden in an office development. The

landscape treatment of these areas shall address

safety, visual interest, microclimate, and use.

The following standards shall apply:

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PR9PA19D BY DAVID L. XL9PPINGIR, AICP TOVN AND COUNTRY PLANNING CONSULTANT PAGE NO. I

(1) The proposed use of ail open space areas

shall be indicated and comply with County

ordinances.

(2) Open space in commercial, office,- or

manufacturing developments shall include

sitting and outdoor eating areas. Provisions

for other active and passive recreation

facilities is encouraged.

(3) Grading and plantings of the recreation area

shall remain consistent with the overall

landscape desiqn. The landscape desiqn shall

consist of massed deciduous and evergreen

trees and berms to create spaces and views

and ornamental trees and shrub masses for

visual variety, interest, and detail as

provided in Section 4-12.

(4) Suggested improvements for residential

recreation open space areas include a tot lot

(play structure with slide and a separate

swing set), and open air shelter, an open

lawn area for open field play, pedestrian and

bike paths, and benches. other improvements

RICHMOND COUNTY LAND MA11GIN81? ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. ILIPPINGKI, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE NO. I

shall be provided as required based upon

population.

(5)' The adjacent residences shall be partially

screened from play areas using berms,

planting and fencing.

(6) If a recreation facility fronts onto a

roadway, a post and rail fence or other

protective measures combined with landscaping

may be integrated to prov@ide protection and

separation.

(7) All open space should optimally be located

centrally within a development. In larqe

developments, several smaller facilities may

be appropriate. Adequate access from

buildings, roadways, and other open space

areas shall be provided. Pedestrian

@--@sements between lots, connecting to open

space areas In another development or a.

public facility, shall be provided.

RICHMOND COUNTY LAND AINIGINSIT ORDINANCR (DRY?) RICHMOND COUNTY, VIRGINIA
PREPARRD BY DAVID L. KLRPPINGgR, AICP TOWN AID COUNTRY PLANNfIG CONSULTANT PAGI NO. I

4-4-5 AMENITIES/RESOURCES

a. Historic and Natural Resources

Sites inclusive of historic resources and natural

amenities shall be preserved so as to prott-ct such

amenities for present and future Richmond County

residents. Historic resources and natural

amenities are areas of unique landscape character.

This may include, but is not limited to, bodies of

water, streams, wetlands, windbreaks, groves of

trees, hedge rows, orchards, unique vistas,

farmsteads, villages, historic structures, and

landmarks.

b. Using Resources as Amenities

Land developments in Richmond County shall be

designed to preserve and utilize these features as

amenities. The plan of development shall utilize

these amenities for design themes, preserving

their heritage and enhancing their significance.

The following standards shall apply:

(1) Utilize the uniqueness of the existing bodies

of water, groves.of trees, hedge rows,

RICHMOND COUNTY LIND HAJIGHNIST ORDINANCE (DRAFT) RICHMOND COUNTI, VIRGINIA
PR8PAR9D BY DAVID L. KLIPPING81, AIC? TOWN AID COUNfIf PLANNING CONSULTANT PIGS NO. 10

historic structures and landmarks, and

farmsteads within the plan as amenities.

(2) Respect the historic value and character of

the village areas which exist in the County.

Development within these areas shall preserve

their individual character.

(3) Provide landscaping as required, inteqrated

with, existinq vegetation or historic

landscaping themes.

(4) When appropriate, the development ot lei
historical markers or displays is encouraged.

4-4-6 PEDESTRIAN SPACES

a. Intent

Pedestrian spaces shall be designed to promote

free and safe movement of pedestrians and bicycles'

into, In between, and through proposed and

existing facilities and to provide pleasant

pedestrian spaces at building entrances and

development centers.

RICHMORD COUNTY LAND HARAGgHBIT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPAR90 BY DAVID L. KLIPPINGER, AICP TOVN AND COUNTRY PLANNING CONSULTANT PAGE NO. 11

b. standards for Pedestrian Spaces

The following standard shall apply:

(1) Pedestrian and bicycle access shall be

provided from public roadways, parking"lots,

and adjacent land uses where appropriate.

(2) The layout of pedestrian walkways shall be

consistent with the overall design. In

natural landscapes, walkways shall meander

through plantings and berms. Formal

landscapes may require long straight

walkways. The views of the pedestrian shall

be visually interesting.

(3) Plantings along pathways shall provide shade,

orientation, and views.

(4) Benches and sitting areas shall be provided

along pathways where appropriate and

particularly where they can incorporate or

provide views of a significant landscape

feature, recreational facility, or

interesting site.design of the project.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 12

(5) Within common open space areas, all walkways

shall have an unobstructed width of four (4)

feet for pedestrians and eight (8) feet for

pedestrians and bicycles and be paved

appropriately.

(6) connections to open space areas and

facilities on adjacent properties shall be

provided. Pedestrian easements between lots

with a paved bike/hike pathway may be

required.

(7) Pedestrian bridges over streams, ravines, or

drainage swales are encouraged and shall be

required when necessary to make connections

in pedestrian systems. They are sub)ect to

all regulatory agency permit requirements.

(8) other pedestrian amenities such as kiosks,

water fountains, pedestrian scale lighting,

and gazebos shall be provided where

appropriate.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUKTI, VIRGINIA
PREPARED BY DAVID G. KLIPPINGIR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PIG9 NO. 13

(9) Bicycle parking for each buildinq and

adequate space for bicycle movements shall be

provided.

(10) Building entrances, plazas, exterior malls,

and development centers shall receive

detailed pedestrian scale landscape

architectural treatments. Plantinqs shall

include shade trees, evergreen and ornamental

trees, and shrubs. The planting design shall

provide visual variety and interest, spatial

enclosure and separation from parking areas,

and protection from sun and wind. Sitting

areas with benches or seat walls shall be

provided.

4-4-7 RECREATIONAL FACILITIES

a. Bike/hike paths

Bike/hike paths shall be used to connect open

spaces between recreational facilities and between

residential buildings and other uses. Vehicular

conflicts with open space pathways are

discouraged. Depending on use and location,

RICUROND COUNTY LAID HIMIGINKIT ORDINANCE (DRAFT) RICHNOND COUNTY, VIRGINIA
PREPAR90 BY DAVID L. KLIPPING91, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE 10. A

bike/hike paths shall be asphalt, concrete,
gravle, soil cement, stabliized earth or wood

planking and be of a width as depicted in Exhibit

EXHIBIT
BIKE/HIKE PATH DESIGN IN COMMON
OPEN SPACE AREAS

Type of Path Pathway_ Width
(Feet)

one-way bikeway shared 6+
with pedestrians

Two-way bikeway shared 8+
with pedestrians

one-way independent 4
bqikeway path

Two-way independent 8
bikeway path

Bike/hike paths within Resource Protection Areas
shall be pervious.

b. Playlots

Playlots shall be a minimum of two thousand

(2,000) square -feet for toddlers and up to five

thousand (5,000) square feet for older children.

They are primarily used by pre-school age

children. Facilities include swings, slides, play

RICHARD COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 15

sculptures, and benches for parents. The

effective service radius of a playlot is one-

eighth (1/8) of a mile. Approximately one (1)

playlot for each four hundred (400) persons or one

hundred (100) children.

C. Playgrounds

Playgrounds are designed for a variety of uses and

the equipment selected should reflect anticipated

patronage. Sandboxes and play sculptures should

be provided for young children and basketbaii

courts/backboards and tennis courts for active

participants of all ages. The size of playgrounds

shall be in accordance with Exhibit

EXHIBIT
PLAYGROUND STANDARDS

Area Playground
Population Size(acres)

2,000 3.50
3,000 4.75
4,000 7.00

d. Tennis Courts

One tennis court shall be provided for each one

hundred (100) dwelling units.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 16

e. Swimming Pools

Swimming pools shall be provided in accordance

with Exhibit

EXHIBIT
SWIMMING POOL STANDARDS

Number of Dwelling Units Pool-Size in So. Ft.

Under 50 800-1,000
50-100 1,000-1,300
101-150 1,200-1,500
151-200 1,400-1,800
Over 200 1,800 up

In larger developments, a series of smaller pools

relating to individual housing groups should be

considered instead of a centrally located, large

pool. Wading pools should be provided where the

anticipated child population indicates that they

will be used.

f. Community Buildings

In developments of over one hundred fifty (150)

dwelling units, consideration, shall be given

toward a recreation center/community multi-purpose

building. Such facilities should be within

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 17

walking or easy biking distance of the majority of

residents it is intended to serve.

9. Other Amenities

Jogging trails and exercise stations, benches and

sitting areas, and community garden plots are

other amenities which may warrant consideration.

4-4-8 COMPLETION OF IMPROVEMENTS PRIOR TO THE ISSUANCE OF A

CERTIFICATE OF OCCUPANCY

Recreational and open space facilities and improvements

shall be completed and available for use prior to the

issuance of any certificates of occupancy for dwelling

units in the development. The plan-approving autnority

may, however, approve a phased development schedule for

recreational facilities which generally corresponds to

the overall phasing of the development itself.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (ORAFf) RICHMOND COUNTY, VIRGINIA
PREPARED 81 DAVID L. KLIPPING9R, AICP TOIN AND COUNTRY PLANNING CONSULTIAT PAGE MO. 18

4-4-9 OWNERSHIP AND MAINTENANCE OF COMMON OPEN SPACE

a. Ownership Methods

The type of ownership of land dedicated for open

space purposes shall be selected by the owner or

developer, subject to the approval of the plan-

approving authority. Common open space areas

shall be maintained so that their uses and

enjoyment as open space is not diminished or

destroyed.* common open space areas s hall be owned

permanently, preserved and maintained by any of

the following mechanisms or combinations thereot:

(1) Dedication of common open space to an

appropriate public agency, if there is a

public agency willinq to accept the

dedication.

(2) Common ownership of the open space by a

Property Owner's or Homeowner's Association

or a similar entity approved by the authority

which assumes full responsibility for its

maintenance.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID h. KL9PPING9R, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 15

(3) Deed-restricted private ownership which shall

prevent development and/or subsequent

subdivision of the common open space land and

provide for the maintenance responsibility.

b. May Not Be Dissolved

such organization shall not be dissolved and shall

not dispose of any open space, by sale or

otherwise, except to an organization conceived and

established to own and maintain the common open

space for the benefit of such development.

C. Property Owners' Association

If the :open space is owned and maintained by a

homeowner or condominium association, the

developer shall submit a declaration of covenants

and restrictions that will govern the association,

with the application for the preliminary approval.

The provisions shall include, but are not

necessarily limited to, the following:

(1) The homeowners' association must be

established before the homes are sold.

RICHMOND COUNTY LAND MAIAGEHINT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED 81 DAVID L. ILIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTINT PAGE No. 20

(2) membership must be mandatory for each home

buyer and any successive buyer.

(3) The open space restrictions must be

permanent, not just for a period of years.

(4) The association must be responsible for

liability insurance, local taxes, and the

maintenance of recreational and other

facilities.

(5) Homeowners must pay their pro rata share at

the cost; the assessment levied by the

association may become a lien on the property

if allowed in the master deed establishing

the homeowners' association.

(6) The association must be able to adjust the

assessment to meet changed needs.

d. maintenance of Common Open Space

(1) Pruning shall include the removal of dead or

diseased wood, wood infested with insects,

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 21

weak or structural defects in the wood,

excessive suckers and shoots, and any

irregular or damaqed growth.

Plants shall be checked during the periodic

inspection to determine if pruning is

necessary. Care shall be taken to prune

flowering trees and shrubs properly during

the dormant season or after flowering.

Evergreen shrubs shall be pruned after

flowering.

Shrub material shall not be sheared as

individual plants. The plants that are

intended for screening or bufferinq shall be

pruned in natural massed forms so as to

enhance the plants' natural growth.

Root pruning of all trees adjacent to curbs

or sidewalks shall be undertaken as necessary

to prevent heaving of the sidewalk/curb by

excessive roots. The need for such pruning

shall be determined during the periodic

Inspection and with knowledge of the most

recent pruning.

RICHMOND COUNTY LAND MANAGSK811 ORD[NAICS JDRAFf) RICHMOND COUNTY, VIRGINIA
PRIPARID BY DAVID L. ILIPPINGBR, AICP YOUR AND COUNTRY PLANNING CONSULT11T PAGE No. 22

prune a root system in excess of one-third
(1/3) diameter of the tree per year.

(2) The control of insects and disease associated

with all planting areas shall be a

maintenance priority. All plantings shall be

periodically inspected for insect or disease

infestation. Methods utilized to control

insects and disease may ranqe from spraying

and *pruning to plant removal. Whatever

method is utilized, safety and control shall

always be of prime concern. Certified and

trained personnel shall always Dertorm this

task.

(3) All plantings which are damaged or destroyed

shall be replaced during the next planting

season. A failing, damaged, or destroyed

landscape screen with buffer shall be

renovated or replaced within a reasonable

amount of time, but not to exceed the

subsequent growing season.

(4) Site amenities include, but are not limited

to, tot lots, play structures, benches,

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 23

tables, bridges, paths, fences, walls, banks,

bicycle racks, and signs. All of these

amenities shall be periodically inspected.

Any damaged, worn, or unsafe conditions shall

be rectified immediately.

(5) All lighting essential to pedestrian and

vehicular circulation shall be periodically

inspected. Damaged or malfunctioning lights

shall be replaced or repaired immediately.

(6) All paved surfaces shall be periodically

inspected and maintained. items of normal

maintenance not listed below but found to be

necessary shall be performed as soon as

possible to keep these surfaces safe and in

satisfactory condition.

(7) All roadways, parking areas, loading areas,

and pedestrian walkways shall be maintained

free of snow, trash, and debris at all times.

RICHMOND COUNTY LAND K11AG8M91Y ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PRSPARSD BY DAVID L. KLIPPIIGKR, AIC? TOWN AND COUNTRY PLANNING CONSULTANT PAG9 No. 24

(8) Damaged pavements shall be rep-aired and

properly resurfaced or replenished as

necessary to assure a neat appearance and

safe usage.

e. Failure to Maintain Common Open Space

(1) In the event that a non-public organization

with- the responsibility for the open space

fails to maintain it in reasonable order and

condition, the Land Use Administrator may

serve written notice upon such orqanization

or upon the owners of the development settinq

with the manner In which the organization has

failed to maintain the open space in

reasonable condition, and said notice shall

include a demand that such deficiencies of

maintenance be remedied within thirty-five

(35) days thereof and-shall state the date

and place of a hearing thereon which shall be.

held within 15 days of the notice.

(2) At such hearing, the Board of Supervisors may

modify the terms of the original notice as to

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PR9PARED BY DAVID L. KLIPPINGER, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 25

deficiencies and may give a reasonable

extension of time not to exceed 65 days

within which they shall be remedied. if the

deficiencies set forth in the original notice

or In the modification thereof shall not be

remedied within said 35 days or any permitted

extension thereof, the County, in order to

preserve the open space and maintain the

same, may enter and maintain such land for a

period of one year. Said entry and

maintenance shall not vest in the public any

rights to use the open space except when the

same is voluntarily dedicated to the puDlic

by the owners. Before the expiration date of

said year, the Board shall, upon its

initiative or upon the request of the

organization theretofore responsible for the

maintenance of the open space, call a public

hearing upon 15 days written notice to such

organization and to the owners of the

development, to be held by the Board, at

which hearing such organization and the

owners of the development shall show cause

why maintenance by the County shall not, at

the election of the County, continue for a

RICHMOND COUNTY LAUD MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINII
PREPARED Of DAVID L. ILIPPINGIR, AICP ?OWN IND COUNTRY PLANNING CONSUL111T PAGE NO. 26

succeeding year. If the Board of Supervisors

shall determine that such organization is

ready and able to maintain the open space in

reasonable condition, the County shall cease

to maintain the open space at the end of the

year. If the Board shall determine such

organization is not ready and able to

maintain the open space in a reasonable

condition, the County may, at its discretion,

continue to maintain the open space during

the next succeeding year, subject to a

similar hearing and determination, in each

year thereafter. The decision of the Board

of Supervisors or officer in any such case

shall constitute a final administrative

decision subject to Judicial review.

(3) The cost of such maintenance by the County

shall be assessed pro rata aqainst the

ptoperties within the development that have a

right of enjoyment of the open space in

accordance with the homeowner's agreement, or

if maintenance is not assessed by the

homeowner's agreement then by the assessed

value at the time of imposition of the lien

RICHMOND COUNTY LAND MANAGEMENT ORDINANCI (DRAYT) RICHMOND COUNTY, VIRGINIA
PREPAR90 Of DAVID L. KLSPPING91, AICP TOWN AID COUNTRY PLANNIIG CONSULTANT P168 NO. 27

and shall become a lien and tax on said

properties and be added to and be a part of

the taxes to be levied and assessed thereon,

and shall be enforced and collected with

interest by the same officers and In the same

manner as other taxes.

f. County Acceptance or Acquisition of Common Open

Space

(1) Any lands offered to Richmond County or

proposed as open space as required above

shall be located and of a size that will best

suit the purposes for which the lands are

intended, and be conveyed by deed at the time

final approval is granted subJect to approval

by the plan-approving authority (and the

Board of Supervisors where lands are offered

to the County). The Board shall be guided by

the Comprehensive Plan, the ability to

assemble and relate such lands to an overall

plan, the accessibility and potential utility

of such lands and such existing features as

topography, soils, wetlands, and tree cover

as these features may enhance or detract from

RICIMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KI,SPPING9R, AIC? TOWN AID COUNT11 PLANNING CONSULTANT PIGS NO. 28

the intended use of the lands. The plan-

approving authority may request an opinion

from other public agencies or individuals as

to the advisability of accepting any lands to

be offered.

(2) Where a proposed park, public waterway and/or

waterfront access site, playground, school,

refuse container site, public safety facility

or other public facility., or public use as

shown on the Comprehensive 'Plan is located in

whole or in part on land within a

development, the land shall be dedicated or

reserved for purchase by the County or other

appropriate agency. where large scale

development occurs necessitating additional

community facilities not shown on the

Comprehensive Plan, the County may require

the dedication or reservation of new sites.

(3) Land reserved for public purchase shall be.

shown on recorded plats as lots by means of

dashed lines and numbers on the preliminary

and final plats and may be sold as such

without filing an amended plat. if public

RICHMOND COUNTY LAND MAIAGSMSIT ORDIMAICK (DRAFT) RICHMOND COUNTY, VIRGINIA
PRIPAR9D BY DAVID L. XL9PPIIG9R, 1ICP TOWN AID COUNTRY PLANNING CONSULTANT PAG9 No. 29

Uv
action to acquire the land has not been

initiated within 18 months of recording the

final plat, the owners of said lots may

obtain permits for the development qiven the

County's relinquishment of rights-- to

purchase.

9. Conditions on Lands Dedicated for Open Space

(1) Where improved open space and recreation area

are provided in a development, such

improvements shall be installed in accoydance

with the approved open space and recreation

plan.

(2) Any lands dedicated for open space purposes

shall contain appropriate covenants and deed

restrictions approved by the plan-approving

authority to ensure that:

The open space area will not be further

subdivided in the future.

The use of the open space will continue

in perpetuity for the purpose specified.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAF?) RICHMOND COUNTY, VIRGINIA
PREPARED 81 DIVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTAIT PAGE NO. 30

Appropriate provisions are made for the

maintenance of the open space.

Common undeveloped open space shall not

be turned into a commercial enterprise

admitting the general public at a fee.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 31

4-5 WATER AND SEWER FACILITIES

4-5-1 PURPOSE AND INTENT

The provisions of this section are Intended to ensure

that water and sewer facilities serve any permitted use

of land associated with habitation or occupancy.

4-5-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

In addition to submitting data evidencing compliance

with the requirements of this Section, plan of

development submittal requirements must satisfy the

requirements of state regulatory agencies reviewing

water and sewer system proposals including the Health

Department and the State Water Control Board.

4-5-3 GENERAL REQUIREMENTS

a. Water

Requirements for the provisions of potable water

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 1

are as follows:

(1) Public water

Where public water is available as per the

requirements of Section 4-5-3c(l), it shall

be extended to all existing and foreseeable

users within the plan of development site.

(2) Central water System

For major plan of development proposals where

public water is not available, the developer

shall construct a central water system

including distribution lines, storage tanks

and facilities, and supply facilities within

the development. Upon completion of the

improvements and after receiving acceptable

test results, the water system together with

all necessary easements and rights-of-way

shall be dedicated to an entity acceptable to

the County or the County should the County

elect to accept the system. No development.

will be approved unless it can be fully

established to the satisfaction of the County

that the central water system can be properly

maintained In perpetuity.

RICHMOND COUNTY LAID MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO.2

The plan-approving authority may waive or

modify the requirement to construct a central

water system upon making the following

findings, where applicable:

The minimum size of the lots Is

sufficiently large as to make the

installation of a central water system

unnecessary;

the Health Department has approved an

individual well location on each

proposed lot;

Groundwater resources will be at least

equally protected by individual wells as

they would be by a central water system;

alternative sources of water, acceptable

to the Fire Department, are available or

will be provided for fire suppression

purposes; and

the public health is not more adequately

served by a central water system than by

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 3

individual wells.

(3) individual Wells

Where development proposals are to be served

by individual wells, the proposed location of

individual wells shall have been approved by

the Health Department. The developer shall

provide to the County a general quantitative

and qualitative analysis of the water to be

available from the proposed well locations.

b. Sewer

Requirements and standards for sewage disposal in

developments are as follows:

(1) Public Sewer

If public sewer is available as per the

requirements of Section 4-5-3c(l), it shail

be extended to all existing and foreseeable

users within the development site.

(2) Individual Sewer

if public sewer is not available,

developments proposed to be served by septic

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 4

systems may be approved by the plan-approving

authority provided:

Both a primary location and a one

hundred percent (100%) reserve location

for the septic system will be provided,

neither of which shall be located, in

whole or in part, in the Resource

Protection Area. A reserve drainfield

shall not be required on any lot or

parcel recorded prior to October 1, 1989

if, in the opinion of the Health

Department, the lot or parcel is not

sufficient in size and no acceptable

off-5ite septic tank and drainfield site

is available.

The location and design for each septic

system (both primary and reserve) has

been accomplished in accordance with the

most current edition of the "Sewage

Handling and Disposal Regulations" of

the Virginia Department of Health and

has been specifically and individually

approved by the Health Department.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRIFT) RICHMOND COUNTY, VIRGINII
PREPARED 81 DAVID L. 11,9PPINGER, JICP ?OR AND COUNTRY PLIINING CONSUL?11f PACE 10. 5

Contamination or pollution of wells,

groundwater, state waters, or any

Chesapeake Bay Resource Preservation

Area or Resource Management Area Is

unlikely to occur from any proposed

individual septic system.

Any development submitted for review shall

Include the specific locations proposed for

both. primary and reserve on-site septic

system installations and the results of soil

evaluations and percolation tests for each

proposed location. Any proposed development

lot not suitable for the installation of

private sewage disposal systems shall either

be combined with lots that are suitable or

dedicated to common open space or recreation

use, so that only buildable lots are created.

(3) Septic Tank Maintenance

Any person who owns a building, residence or.

other structure which is served by an on-site

sewage system not requiring an VPDES permit

shall have the system pumped out at least

once every five years. owners of all such

RICHMOND COUNTY LAND HARAGSHRIT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PRgPkRgD BY DAVID L. KUPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PIGS NO. 6

systems in existence within the County as of

October 1, 1989 shall submit a Septic Tank

Maintenance Certificate to the Land Use

Administrator by October 1, 1994. A blank

copy of this certificate is available-from

the Land Use Administrator.

C. Provisions Related to Both Water and Sewer

Facilities

(1) Extension to Utility Systems

Where public sewage or water is available

within two thousand (2,000) feet of any

proposed plan of development exceeding 50

dwelling units or 10 acres of diturbance,

then lines shall be Installed by the

developer at his cost to connect to the

system. The distance specified herein shall

be measured in a straight line from the

nearest boundary of the development to the

nearest available line. Actual construction

may, however, be required to be along a more

Indirect route.

(2) off-Site water and Sewer Facilities costs

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 1

The developer shall be required to pay a pro

rata share of the cost of providing

reasonable and necessary sewer and water

improvements located outside of the property

limits of the land owned or controlled by him

whenever the following conditions exist:

The Land Use Administrator determines

that such off-site Improvements to sewer

-or water are necessitated at least in

part by the construction or improvement

of the development.

The County or other appropriate public

authority has established a general

sewer or water improvement program for

an area having related and common water

and sewer conditions and the developer's

property is located within this area.

The estimated cost of the total water or

sewer Improvement program has been

determined.

The estimated water or sewerage flow has

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 8

been established for the designated area

served by such program.

The developer's share of the above-estimated

cost of improvements shall be limited to the

proportion of such estimated cost which the

increased water and sewage flow actually t o

be caused by his development bears to the

total estimated volume of such water or

sewage from such area in its fully developed

state.

Such payment received by the County shall be

expended only for construction of those

facilities for which the payment was

.required, and until so expended shall be held

in an interest-bearing account for the

benefit of the developer, provided, however,

that in lieu of such payment the County may

permit the developer to post a bond with

surety satisfactory to the County conditioned

on payment at commencement of such

construction.

(3) Construction Standards

All water supply systems and sewage disposal

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 3

systems shall be constructed in accordance

with all applicable construction standard

promulgated by the Health Department or as

contained in the Richmond County Code and

related policies adopted by the County.

Certificates of Compliance shall be issued by

the Land Use Administrator prior to the

commencement of construction.

To the degree possible, the location of water

system lines and sewage disposal systems and

related facilities and equipment should be

outside of the Resource Protection Area.

No more land shall be disturbed than is

necessary to provide for the desired utility

installation.

All such construction, installation and

maintenance of water and sewer utilities and

facilities shall be In compliance with all.

applicable local, state and federal permits

and designed and operated in a manner that

protects water quality.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 16

Any land disturbance resulting from the

construction, installation, and maintenance

of water and sewer systems which exceeds an

area of 2,500 square feet shall be undertaken

only after approval of an erosion- and

sediment control plan prepared, submitted,

and reviewed in accordance with Section 4-8.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 11

4-6 UNDERGROUND WIRED UTILITIES

4-6-1 PURPOSE AND INTENT

It is the purpose and intent of this Section Is to

reduce the adverse impacts of overhead utility lines by

requiring all utility facilities proposed within major

plans of development to be located underground.

4-6-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

Each plan of development should show the location and

type of wired utilities on the plan uf development.

4-6-3 GENERAL REQUIREMENTS

a. Major Plan of Development Utilities Underground

All utility facilities proposed within major plans,

of development, including but not limited to

wires, cables, pipes, conduits and appurtenant

equipment, carrying or used in connection with the

furnishing of electric, telephone, cable

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 1

television or similar service shall be placed

underground. The plan-approving authority may

waive this requirement in the case of

exceptionally large lots or unusual topographic

conditions.

b. Exemptions

The following shall be permitted above ground:

(1) Electric transmission lines and facilities in

excess of fifty (50) kilovolts;

(2) Equipment such as electric distribution

transformers, switch gear, meter pedestals,

telephone pedestals, outdoor lighting poles

or standards, radio antennas, traffic control

devices, and associated equipment, which is,

under accepted utility practices, normally

installed above ground;

(3) Meters, service connections and similar

equipment normally attached to the outside

wall of the customer's premises;

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 2

(4) Temporary above-ground facilities required in

conjunction with an authorized construction
project; ' 6q1

(5) Facilities necessary to extend utility

service to the property line of the site

under development.

C. Existing Above-Ground Utilities Grandfathered

Existing above-ground facilities may be maintained

or repaired provided that such repair does not

involve relocation. Whenever any existing on-site

above-ground utilities require relocation for any

reason, they shall be removed and placed

underground.

d. Utilities to be Located Within Easements

All utilities shall be placed within easements or

public street rights-of-way or as may be otherwise

approved by the plan-approving authority. All

utilities should be ganged together so as to.

minimize the disturbance of natural areas.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 3

4-7 DRAINAGE

4-7-1 PURPOSE AND INTENT

It is the purpose and i ntent of these regulations to

ensure that developments shall be provided with such

storm drains, culverts, drainageways, or other works as

are necessary to collect and dispose of surface and

storm water originating on or flowing across the

development, in order to prevent inundation and damage

to streets, lots, and building, and to improve the

water quality of the Chesapeake Bay and its

tributaries.

4-7-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

a. Compliance with Requirements of this Section

Plan of development proposals shall include the

submission of sufficient evidence in the form of

plans and attachments which establish that the

plan complies with the requirements of this

section.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 1

b. Stormwater Management Plan

The preliminary submission of a plan of

development shall be accompanied by a storm water

management plan, if and as required by the Land

Use Administrator, showing Information for

determination of Improvements necessary for

controlling storm water runoff, including drainage

plans and flood control devices. This plan shall

show natural drainage patterns and a complete

drainage layout, Including pipe sizes and types,

stormwater detention and retention facilities,

drainage easements and means of transporting

drainage to a well-defined open stream. Areas

subject to periodic flooding (100-year flood)

shall be delineated on preliminary and final plans

of development.

C. Continuing Management Plan

A continuing maintenance plan, including an

owners' association if necessary, shall be

submitted for all elements of the drainage and.

flood control system which will not be the

maintenance responsibility of the County or the

Virginia Department of Transportation. The

developer shall provide assurance that all

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA

PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 22

facilities are in good repair and properly

functioning when the development has been

completed.

4-7-3 GENERAL REQUIREMENTS

a. Provision of Drainage and Stormwater Management

Facilities

(1) Drainage and stormwater management facilities

shall be provided, either on-site or off-

site, to reduce drainage flows, pollutants,

and sediment loading from the development to

a level not exceeding the conditions prior to

development, or to a lesser level, if deemed

necessary to comply with the provisions

governing pollutant and sediment discharges

associated with the Chesapeake Bay

Preservation Act.

(2) The plan-approving authority shall approve,

or approve with modifications, only those

stormwater management facilities which comply

with adopted overall drainage plans and

policies, If any. In this regard, the plan-

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 3

approving authority shall not generally

approve, except as,a temporary measure, on-

site stormwater management facilities as an

alternative to contributing to planned

regional stormwater management systems, if

and when such management system is in effect.

(3) All management facilities shall be designed

and constructed in accordance with Section 4-

8 as-supplemented by the latest editions of

the Virginia Erosion and Sediment Control-

Handbook and the Department of Transportation

Drainage Manual as well as regulations, or

policies adopted by the Commonwealth or the

County pursuant to the Chesapeake Bay

Preservation Act.

b. Drainage and Conservation Easements

Where a development is traversed by a water

course, drainage way, channel or stream, or where

It is desirable to preserve other areas within a.

development because of the soil conditions, tree

masses, wildlife habitat, vistas or other

significant horticultural, environmental or

natural features, there shall be provided a

IICHHOID COUNTI LAND H1110HRI? ORDINANCE (DRY?) RICHROND COUNTY, VIRGINIA
PREPARED if DAVID L. MPPING91, AICP 1011 110 COUNTRI PLANNING CONSULTANT PACE 10. 4

drainage and/or conservation easement of

sufficient area and width to protect and preserve

the aforementioned feature, if required by the

plan-approving authority. Drainage easements

shall be designed and drainage structures

constructed in such a manner as to reduce the

burden of maintenance, yet provide adequate access

for necessary maintenance.

C. Drainage of Riqhts-of-Way

All public rights-of-way shall be drained in

accordance with the requirements of the Virginia

Department of Transportation.

d. Appropriate Grading Considerations

(1) No storm water runoff or drainage water shall

be so diverted as to overload existing

drainage systems or create flooding or the

need for additional drainage structures on

other private properties or public lands

without proper and approved provisions being

made for taking care of these conditions.

RICHMOND COUNTY LAND KANAG9XIII ORDINANCI (DRIFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DIVID L. XLIPPIIGBR, 1ICP TOO 110 COUNTRY PLANNING CONSULTANT PIGI 10. 5

(2) Lots shall be graded to secure proper

drainage away from buildings and prevent the

ponding of stormwater unless within an

approved retention or detention basin.

(3) No grading shall occur within 100 feet of any

perennial watercourse or wetland except as

provided for specific waterfront or water-

dependent facilities or for necessary

utilities and street construction.

e. Maintenance of Existing Drainage Patterns

In general, the design of a development shall be

such as to minimize grading and disturbance of

natural vegetation. Natural contours and storm

water channels shall be respected and retained

where possible.

f. Minimize Impervious Surface Areas

(1) A stormwater management plan shall preserve

natural drainageways and wetlands, maximize

infiltration of stormwater and minimize off-

site discharge of storm water.

RICHHOID COUNTY LAND 11ANIGERRIT ORDINANCE (DRAFT) RICHROKO COUNTY, VIRGINIJ
PREPARED Of DAVID L. ALIPPING91, AICP TOU AND COUNTRY PLANNING CONSULTANT PAGE NO. 6

(2) In general, impervious surfaces near

waterfronts and wetlands shall be avoided;

grass 5wales shall be utilized and curb and

gutter and paved ditches shall be avoided

except where necessary to prevent erosion In

accordance with the standards of the Virginia

Department of Transportation.

4-7-4 STORMWATER MANAGEMENT AREA DESIGN CONSIDERATIONS

Stormwater management areas include retention and

detention basins, drainage ditches and swales, and

wetlands areas. Sensitively designed basins and swales

can benefit the health, safety and welfare of county

residents. The integration of these areas as desirable

landscape features, naturalized wetland areas, or

active and passive recreation areas, in addition to

their stormwater management function is strongly

encouraged whenever possible.

a. Stormwater Detention Areas

One of the following landscape concepts for

stormwater detention areas, or an alternative

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED Of DIVID L. KLBPPINGER, AIC? TOWN IND COUNTRY PLANNING CONSULTANT PAGE 10. 7

concept complying with the standards set forth

above, shall be used.

(1) Reforestation

This landscaped treatment is appropriate for

detention basins and drainage areas that are

not highly visible or are adJacent to areas

of mature woodlands or wetlands. It reverts

the disturbed area to a revegetated, stable,

low-maintenance, natural landscape asset over

time.

The area shall be graded creatively to blend

into the surrounding landscape and Imitate a

natural depression with an irregular edqe.

This shall Include gentle berming. Linear,

geometric basins are unacceptable.

The quantity of trees to be planted on the

Interior of the basins shall be equal to the

number of trees that would be necessary to

private canopy cover of the entire area to

the high water line or outflow elevation.

Ten percent (10%) of the trees shall be two

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 8

and one-half (2-1/2) inches to three (3)

inches caliper, twenty percent (20%) shall be

one (1) Inch to two (2) Inches caliper, and

seventy percent (70%) shall be six (6) feet

to eight (8) feet height whips.

Planting shall not be located within twenty

(20) feet of low flow channels to allow for

channel maintenance.

The trees shall be planted in groves and

spaced five (5) feet to fifteen (15) feet on

center.

The ground plane of the basin shall be seeded

with a naturalization, wildflower, and/or

meadow grass mix.

All woody and herbaceous plants shall be

species indigenous to the area and/or

tolerant to typical wet/dry floodplain

conditions.

The perimeter ar ea (slopes above the high

water line) shall include shade trees

RICHMOID COUNTY LAND MANAGEMENT ORDIIINCE (DRIFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGIR, AICF TOWN AND COU1fRY PLANNING CONSULTANT PAGE 10. 1

evergreen trees, ornamental trees, and shrubs

screening drainage structures and creating

visual interests in accordance with the

landscaping requirements of Section 4-12-5e.

Provisions for emergency access as well as

general maintenance of the basins shall be

provided. Plantings shall be designed to

disguise yet not hinder vehicular access.

Plantings are not permitted upon any dikes

associated with a detention basin.

(2) Recreation/Open Space Feature

This landscape concept is appropriate In

situations where a basin is the largest or

only portion of open space in an area or is

adJacent to existing open space and

recreational open space Is desired. it Is

also appropriate for smaller, highly visible

basins where a visually pleasing open area is.

desired.

The obJective in these situations Is to

integrate the area into the landscape using

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE N0. 10

topography and plantings in order to

complement the function of the area and to

provide a visually interesting landscape

feature and/or recreation space.

The area shall be graded creatively to blend

Into the surrounding landscape and Imitate a

natural depression with an irregular edge.

This shall include gentler berminq.

Perimeter plantings shall be provided in

accordance with the landscape requirements of

Section 4-12-5e supplemented by vegetation to

screen the view of drainage structures.

In order to provide recreational open space,

concentrate frequently flooded detention in a

basin area (five (5) to ten (10) year storm

volume) and provide a gently sloping, less

often flooded area (ten (10) to one hundred

(100) year storm volume) as a recreational

open field space. Provide ballfields and/or

open play areas integrated with plantings in

a park-like manne r.

RICHMOND COUNTY LAND KAIAGENSIT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. ELIP?INGBR, AICP TOW AID COUNTRY PLANNING CONSULTANT PAGE NO. 11

b. Stormwater Retention Areas - Open Space/Recreation

Features

This landscape treatment can take on a variety of

landscape forms, from formal reflecting pools and

canals or entry fountain features to natural park-

like lakes and ravines.

(1) Water fountains/features are encouraged In

the design of developments.

(2) The waters edge shall be easily maintained

and stable. Possible treatments might

include rip-rap, stone walls, natural

plantings, decking, and bulkheads.

(3) The planting of the perimeter of the feature

shall accentuate views and integrate

pedestrian paths, sitting areas, and other

L@ses.

(4) Plantings shall include formal or Informally-

massed deciduous and evergreen trees and

shrubs to screen and frame views with

ornamental trees, shrubs, and grasses used

RICHMOND COUNTY LAND HIRAGSK911 ORDINANCE (DRAFT) RICUMOND COUNTY, VIRGINIA
PREPIR90 Of DAVID L. KLIPPIIGRR, 11CP THE AND COUNTRY PLANNING CONSULTANT PAGE NO. 12

for visual interest or special effects. A

continuous landscape area shall be provided.

(5) if used as a recreational feature, the

connection to the water must be addresse-d and

controlled. The types of uses shall be

specified, and the plantings and

pedestrian/vehicular parking spaces shall be

Integrated with these uses.

(6) Plants with pervasive root systems shall not

be located where they may cause damage to

drainage pipes or other underground

utilities.

(7) All engineered basin structures shall be

designed to blend into the landscape in terms

of construction materials, color, grading,

and planting.

4-7-5 STREAM AND LAKE SAMPLING

a. Pre-Development Sampling

All applicants for major plans of development on

RICHMOND COUNTY LAND MAJIGINSIT ORDIJAMCI (DRAFT) RICHMOND COUNTY, VIRGINIA
PRSPARID BY DAVID L. ILIPPING11, AICP TOIN 110 COUNTRY PLANNING CONSULTANT PIG9 NO. I]

lakes and streams shall submit at the time of

submission, lake and stream samples including but

not limited to':

Temperature Nitrogen, total kjeldahl

Dissolved oxygen Chloride

pH Phosphorous

Alkalinity Fecal Coliform

(1) These tests shall be at the time of maJor

preliminary plan of development submission

and the date of the test shall be so noted.

(2) Tests shall be prepared by a qualified

testing laboratory.

(3) Tests shall be taken at the intersection of

any tract boundary and the inflowing streams,

and at the outfall points where the water

course leaves the tract.

b. Post-Development Sampling

If the development is approved and constructed, a

second set of tests shall be taken by the

developer at the discretion of and at a time

RICHMOND COUNTY LIND MANAGEMENT ORDINANCE (DRY?) RICHMOND COUNTY, VIRGINIA
PR9PARID 81 DAVID L. ILIPPIRGIR, AICP TOWN AID COUNTRY PLANNING CONSULtAff P168 10. 11

decided by the Land Use Administrator, but not

more than two (2) years beyond the acceptance of

the improvements. All results and comparisons

shall be given to the Land Use Administrator for

review and analysis.

4-7-6 OFF-SITE DRAINAGE COSTS

a. Applicability

The developer shall be required to pay a pro rata

share of the cost of providing reasonable and

necessary drainage improvements located outside of

the property limits of land owned or controlled by

him whenever all of the followinq conditions

ex tst:

(1) The plan-approving authority determines that

such off-site improvements are necessitated

at least In part by the construction or

improvement of the development.

(2) The county has established a general drainage

improvement program for an area having

related and common drainage conditions. The

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 15

developer's property Is located within the

designated area covered by this program.

(3) The estimated cost of the total drainage

Improvement program has been determined.

(4) The estimated storm water runoff has been

established for the designated area served by

such.program.

b. Cost Determination

The developer's share of the estimated cost of

improvements shall be limited to the proportion of

such estimated cost which the volume and velocity

of storm water runoff to be caused by his

development bears to the total estimated volume

and velocity of runoff from such area in its fully

developed state.

C. Payment Provisions

Any cash payment received,by the County shall be

expended only for construction of those facilities

Identified in the established drainage facilities

improvement program and until so expended, shall

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 16

be held in a separate account for the individual

improvement program.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 17

4-8 EROSION AND SEDIMENT CONTROL

4-8-1 PURPOSE

The purpose of this Section is to conserve the land,

water, air and other natural resources of Richmond

County and promote the public health and welfare of the

people of Richmond County by establishing requirements

for the control of erosion and sedimentation, and by

establishing procedures whereby these requirements

shall be administered and enforced.

This Section is authorized by the Code of Virqinia,

1950, as amended, Title 10, Chapter 5, Article 4,

(section 10.1 560-571), known as the "Erosion and

Sediment Control Law".

4-8-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS
I

- a. Preliminary plans

As part of the plan of development process, the

applicant may submit a preliminary erosion and

RICHROID COUNII LAND NARAGENSIT ORDINARC9 (DRAY0

sediment control plan for the purpose of

discussion and advice. The preliminary plan

should not be cluttered with detailed control

measures but might contain only the following

information:

(1) all maJor soil types;

(2) approximate limits of clearing and qrading;

(3) tentative means of erosion and sediment

control;

(4) phasing of development to minimize area and

duration of exposure;

(5) contour lines.

b. Final Plans

The applicant shall submit five (5) copies of

black or blue-line plans along with an application

available from the Land Use Administrator. The

final plan shall consist of the narrative and plan

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 2

map as described in chapter 6 of The Virginia
Erosion and Sediment Control Handbook.

(1) The plan map shall be prepared at a scale of

not less than 111 = 1001 or as accepted by the

Land Use Administrator and shall incorporate

good engineering practices designed according

to The Virginia Erosion and Sediment Contrul

Handbook guidelines as well as the Department

of Transportation's Drai e where

appropriate.

(2) The plan map shall contain all information

necessary for carrying out the conservation

measures and shall also include a scale,

north arrow, date, owners of record,

engineers certificate (if required), approval

signature block, key map at a scale of no

less than 1" = 20001, and contour lines.

(3) The map will show other information as

required by the Land Use Administrator.

(4) The plan preparer will be responsible for

guiding the contractor toward properly

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 3

implementing the plan on all land-disturbing

activities where the cost of implementation

is expected to exceed $25,000.

4-8-3 GENERAL REQUIREMENTS

a. Applicability

Any land disturbance In excess of 2,500 square

feet may result in soil erosion from water or wind

and the movement of sediments into State waters.

These activities Include, but are not limited to,

clearing, grading, excavating, t ransporting and

filling of land.

b. Exemptions

The following land disturbing activities are

exempt from the provisions of this Section.

(1) Minor land disturbing activities such as home

gardens and individual landscaping, repairs

and maintenance work.

(2) Individual service connections.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, JICP fOWM AND COUNTRY PLANNING CONSULTANT PAGE 10. 4

(3) Installation, maintenance or repair of any

underground public utility lines when such

activity occurs on an existinq hard-surfaced

road, street or sidewalk provided the land-

disturbing activity is confined to the area

of the road, street or sidewalk which is

hard-surfaced.

(4) Surface o mining activities.

(5) Exploration or drilling for oil and/or gas,

Including the well site, roads, feeder lines

and off-site disposal areas.

(6) Tilling, planting, or harvesting of

agricultural, horticultural, or forest crops

or livestock feedlot operations.

(7) Agricultural engineering operations,

including but not limited to the construction

of terraces, terrace outlets, check dams,

desilting basins, dikes, ponds not required

to comply with the Dam Safety Act, Chapter

RICHMOND COUNTY LAND MAIAGSH91f ORWHAICI (DRAFT) 1ICHMOHD COUNTY, VIRGINIA
PRSPARKD BY DAVID L. XL9PPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 5

8.1 (Section 62.1-115.1 et. seq.), ditches,

strip cropping, lister furrowing, land

drainage and land irrigation;

(8) Disturbed land areas of less than 2,500

square feet in size;

(9) Installation of fence and sign posts or

telephone and electric poles and other kinds
of posts or poles;

(10) shore erosion control projects on tidal

waters when the projects are approved by the

Richmond County Wetlands Board, the Virginia

Marine Resources Commission and the U.S. Army

Corps of Engineers;

(11) Emergency work and repairs to protect life,

limb or property, however, if the land-

disturbing activity would have required an

approved erosion and sediment control plan,

or the activity were not an emergency, then

the land area disturbed shall be shaped and

stabilized In- accordance with the

requirements of the Land Use Administrator.

RICHMOND COU#f1 LAND MANAGEMENT ORDINANCE (DRAF?) RICHMOND COUI?Y, VIRGINIA
PREPARED Bf DAVID L. KLIPPING81, IICP TOM IND COUNTRf PLANNING CONSULTANT PAGE NO. 6

C. Criteria, Standards and Specifications for the

Preparation of an Erosion and Sediment Control

Plan

(1) Persons submitting plans in accordance with

this Section shall be governed by the

criteria, standards and specifications

established in Chapter 6 of The Virginia

Erosion and Sediment Co t-r In
_QL-Mnabook.

the -case of a land-disturbing activity for

the construction of a single family dwelling,

the Land Use Administrator may waive the

requirement for a full erosion and sediment

control plan as set forth in this ordinance.

In the case of granting of,such a waiver by

the Land Use Administrator, an Agreement In

Lieu of an Erosion and Sediment Control Plan,

which Is signed by the applicant and approved

by the Land Use Administrator, shall

aunstitute authorization under this ordinance

to conduct land-disturbing activity allowed-

by that Agreement. Such agreement shall set

forth all conservation measures to be carried

out and maintained, shall grant right-of-

entry to the Land Use Administrator and his

RICHROND COUNTY LIED HIJAGININT ORDINANCS (DRAF?J RICHMOND COUNTY, VIRGINIA
PR9PAR9D BY DAVID G. KLRPPING91, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGI NO. 7

designees, and shall make the project subject

to all review, inspection, and enforcement

provisions of this Ordinance which apply to

approved erosion and sedimentation control

plans.

d. Plan Review

(1) The Land Use Administrator has been

designated as the plan-approving authority

for the County. The Northern Neck Soil and

Water Conservation District may be called on

by the to conduct a non-binding review of any

plan. In reviewing plans, the Land Use

Administrator may also seek or receive

recommendations or comments from the Virginia

Department of Transportation, the Health

Department and such other agencies that are

deemed to have some responsibility in this

area.

(2) The Land Use Administrator shall, within 45

days, approve any erosion and sediment

control plan s ubmitted to him If he

determines that the plan meets the

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLSPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. I

conservation standards of the local control

program and if the person responsible for

carrying out the plan certifies that he will

properly perform the erosion and sediment

control measures included in the plan and

will comply with the provisions of this

ordinance.

(3) When a plan is determined to be inadequate,

the Land Use Administrator, within 45 days of

receipt, shall give written notice of

disapproval stating the specific reasons for

his disapproval. The Land Use Administrator

shall specify such modifications, terms and

conditions as will permit approval of the

plan and shall communicate these requirements

to the applicant. If no action is taken by

the Land Use Administrator within the time

specified above, the plan shall be deemed

approved and the person shall be authorized

to proceed with the proposed activity.

(4) An approved plan may be changed by the Land

Use Administrator in the following cases:

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 9

Where inspection has revealed the

inadequacy of the plan to accomplish the

erosion and sediment control obJectives

of the Ordinance, plan changes can be

required without approval of the person

responsible for carrying out the plan in

order to comply with The Virginia

Erosion and Sediment Control Handbook.

which Is assumed to be an integral part

of every plan; or

Where the person responsible for

carrying out the approved plan finds

that because of changed circumstances or

for other reasons, the approved plan

cannot be effectively carried out, and

the proposed amendments to the plan,

consistent with the requirements of this

Ordinance, are agreed to by the Land Use

Administrator and the person responsible

for carrying out the plan.

e. Issuance of grading, building or other permits.

fICHMOND COUNTI LAND MANAGEM91T ORDINANCE (DRAFT) RICHOND COUNTI, VIRGINIA
PREPARED Of DAVID L. KLIPPINGER, AICP YOU AND COUNTRY PLANNING CONSULTANT PAGE 10. 10

(1) The Building official or any other aqency

authorized under any other law to issue

building or other permits for land-disturbing

activities shall not issue such permits

unless:

The applicant submits with his permit

application the approved erosion and

sediment control plan; or

There is a Certificate of Compliance

from the Land Use Administrator or

sufficient evidence that a plan was

submitted and no action was taken within

forty-five days; or

There Is certification from the Virginia

Division of Soil and Water Conservation

that the plan has been approved. (A

plan for which land-disturbing

activities involve lands under the.

jurisdiction of Richmond County and one

or more other localities may, at the

option of the applicant, be submitted to

the Virginia Division of Soil and Water

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 15

conser vation f or review and approval,

rather than submission to each

jurisdiction concerned. However, if the

applicant chooses to submit his plans to

the Virginia Division of Soil and--water

Conservation rather than the local

Jurisdiction, he shall notify, by

certified mail, the Land Use

Administrator of his intention at the

same time of submittal.);

A performance bond has been submitted to

and accepted by the County (single

family dwellings constructed with an

approved plan are exempt from this

requirement).

(2) When the Land Use Administrator does not have

documentation in hand that the person

responsible for carrying out the plan has

certified that he will properly perform the

control measures included in the plan, the

Land Use Administrator shall withhold

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHHOAD- COUNTY, VIRGINIA
PREPARED JY DAVID L. KLIPPINGBR, AIC? TOWN AND COUNTRY PLANNING CONSULTANT PIGS NO. 12

issuance of a Certificate of compliance until

he has obtained the certification of

performance.

f. Erosion and Sediment Control Agreement

A legal Instrument shall be executed by each

applicant for an approved erosion and sediment

control plan to provide right-of-entry (after

notice in writing) by the appropriate persons for

the purpose of inspection, monitoring, and

installation, or maintenance of erosion and

sediment control measures in the event the

applicant fails to comply with the approved plan.

RICHMOND COUNTY LAND MAIAGSH91? ORDINAICS (DRAFT) RICHMOND COUNTY, VIRGINIA
PRBPARKD Of DAVID L. KLIPPINGBR, AICF TOWN AND COUNTRY PLANNING CONSULTANT PAGE so. 13

4-9 SIGNS

4-9-1 PURPOSE AND INTENT

It is the purpose and Intent of this Section to

preserve the natural landscape and regulate and

restrict unsightly and detrimental signs which would

tend to depreciate the value of property and hinder

progressive improvements In Richmond County, and

lessen, eliminate, and regulate signs constituting an

actual or potential hazard to safe motor vehicle

operation. The regulation of the location, size,

placement and certain features of signs is also

necessary to enable the public to locate goods,

services and facilities without difficulty and

confusion, and to prevent wasteful use of natural

resources in competition among businesses for

attention.

4-9-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

Each plan of development application or request for a

certificate of Compliance/Building Permit to erect or

alter a sign shall Include a sign plan showing the

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 1

specific design, location, size, area dimensions,

height, construction, and the method of illumination of

proposed signs in accordance with the following

regulations.

4-9-3 GENERAL REQUIREMENTS

a. Permit Required

No sign, unless herein exempted, shall be erected,

constructed or altered until a Certificate of

Compliance has been Issued by the Land Use

Administrator and a Building Permit has been

issued by the Building Official. Signs shall be

In accordance with all the requirements of the

Virginia Uniform Statewide Building code.

Applications are available from the Land Use

Administrator. This provision shall not be

construed to require a permit for the normal

maintenance of existing signs, nor for the

replacement of any interchangeable copy.

b. Interpretation

Any sign for which the purpose, location or type

is not clearly permitted or prohibited by this

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAM RICHMOND COUNTY, VIRGINIA
PREPARED 01 DAVID L. KLBPPINGER, AICP TOWN IND COUNTRY PLANNING CONSULTANT PAGE NO. 2

Article shall be considered as being a sign of the

most closely resembling purpose, function or type

as established by this Ordinance.

C. n Permi s Require a Valid-Business License

No signs be-permitted in conJunction with

any business activity n ossessing a valid

business license issued by Richmond County.

d. Maintenance

All signs and supports shall be maintained in good

repair and in a safe, clean, and attractive

condition. No person may erect or maintain a sign

which;

(1) Is structurally unsafe;

(2) constitutes a hazard to public safety and

health by reasons of inadequate maintenance,

dilapidation or abandonment;

(3) obstructs free entrance or exit from a

required door, window, or fire escape;

(4) obstructs light or air or interferes with

proper functioning of the building; or

(5) is capable of causing electrical shock.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 3

e. Freedom of Expression

Any sign, display, or device allowed under this

ordinance may contain, in lieu of any other copy,

any otherwise lawful noncommercial message that

does not direct attention to a business operated

for profit or to a commodity or service for sale,

and that complies with all other requirements of

this ordinance.

f. Consistent Design Theme

There should be a consistent sign design theme

throughout a particular project. The design theme

would include style of lettering, construction,

material, type of pole or standard, (wood or

metal, for example), size, and lighting. Color of

letters and background should be carefully

considered in relation to the color of the

material of buildings or where the signs are

proposed to be located. Signs should be a

subordinate rather than a predominant feature of a

site.

RICHMOND COUNTY LAND HAIMM911 ORDINANC9 (DRIFT) RICHRONO COUNTY, VIRGINIA
PRKPIRRD BY DAVID L. KLMINGER, IICP TOWN IND COUNTRY PLANNING CONSULTANT PIGS NO. 4

4-9-4 MEASUREMENT

a. Measurement of Sign Area

(1) Sign mea:surement shall be based upon the

entire area of the sign, with a single

continuous perimeter enclosing the extreme

limits of the actual sign surface.

(2) For a sign painted on or applied to a

building, the area shall be considered to

include all lettering, wording and

accompanying designs or symbols, together

with any background of a different color than

the natural color, or finish material of the

building.

(3) For a sign consisting of individual letters

or symbols attached to or painted on a

surface, building, wall, or window, the area

shall be considered to be that of the

smallest rectangle or other shape which

encompasses all of the letters and symbols.

RICHMOND COUNTY LAND WAGWIT ORDIRINCI (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED 81 DIVID L. KLIPPINGIR, IICP 100 IND COUNTRY PLANNING CONSULTANT PAGE No. 5

(4) The area of supporting framework (for example

brackets, posts, etc.) shall not be included

in the ar ea If such framework is incidental

and not an extension of the sign display.

(5) When a sign has two (2) or more faces, the

area of all faces shall be included In

determining the area, except where two faces

are placed back to back and are at no point

more-than two (2) feet from each other. In

this case, the sign area shall be taken as

the area of either face, and if the faces are

unequal, the larger shall-determine the area.

b. Individual Letters or Symbols

Individual letters or symbols may be attached to

an awning, marquee, building surface, wall, or

signboard. However,

(1) Letters or symbols shall not project more

than twelve (12) inches from the building

surface.

RICHROID COUNII LAND KAIAGMIT ORDINANCE (DRAFT) RICHMOND COUNTI, VIRGINIA
PREPARED BI DAVID L. HEMMER, IICP TOWN AID COUNTRI PLANNING CONSULTANT PAGE NO. 6

(2) Such letters and symbols shall not obscure

the architectural features of the building to

which they are attached.

(3) Such letters and symbols shall not extend

above the lowest part of the roof, nor beyond

the ends of the wall to which they are

attached.

(4) Letters or symbols shall have an aggregate

area not exceeding 1.5 square feet for each

foot of building face parallel to a street

lot line, or ten percent (10%) of the wall

area to which they are affixed, whichever is

less. when a lot fronts on more than one

street, the aggregate sign area facing each

street frontage shall be calculated

separately.

C. Measurement of Height

The height of any sign shall be measured from the

surface of the road up to the highest point of the

sign. In situations -where a sign is intended to

be visible from two roads of different elevations,

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRIFT) RICHMOND COUNTY, VIRGIMI1
PREPARED BY DAVID L. KLIPPIEGIR, AICP TOWN AID COUNTRY PLANNING CONSWANT PAGE 10. 7

measurement shall be from the surface of the lower

roadway.

4-9-5 ILLUMINATION STANDARDS

a. Controlled Illumination

The light from any illuminated sign shall be

shaded, shielded and directed so that the light

intensity-or brightness shall not adversely affect

surrounding or facing premises nor adversely

affect safe vision of operators of vehicles moving

on public or private roads, highways, and parking

areas. Light shall not shine or reflect in an

offensive manner on or into residential structures

or motels.

b. Exposed Lights Not Permitted

No exposed reflective type bulbs or incandescent

lamps shall be used on the exterior surface of any

offensive glare on adjacent property or create a

traffic hazard.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 8

C. Flashing and Moving Signs Not Permitted

No person may erect a sign which flashes, rotates,

or has motorized moving parts.

6d. Exposed Wires Not Permitted

No person may erect a sign with exposed electrical

wires.

e. Strings of Bulbs Restricted

Strings of bulbs are not permitted, except as part

of a holiday celebration. In addition, strings of

bulbs may however be permitted to decorate trees

as part of a holiday celebration, provided that

such display does not interfere with neighboring

land uses or vehicular safety.

f. Signs May be Illuminated Only During Business

Hours

No sign shall be illuminated between the hours of

11 p.m. and 6 a.m. unless the premises on which it

is located is open for business.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. -

4-9-6 PLACEMENT STANDARD

a. No Signs on Natural objects, etc.

No person may erect a sign which is affixed to a

fence, utility pole, or structure, or tree, shrub,

rock, or other natural object.

b. Roof Mounted Signs Not Permitted

Signs shall not be mounted on roofs or extend

above the lowest part of the roof.

C. Signs in Right of Way Restricted

No projecting sign shall extend into a vehicular

portion of a right of way, or be less than eight

(8) feet above a pede5trian way when attached to a

building facade.

d. official Traffic Signs only in Right of way

No sign, other than an official traffic sign

approved and/or installed by the Virginia

Department of Transportation, shall be located so

as to be within any public right of way.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 16

e. Free Standing Sign setback Requirement

Free-standinq signs shall be located no closer

than ten (10) feet to a public riqht of way.

f. No Sign in Prescribed Site Triangle

No sign shall be erected within the area

encompassed by a triangle composed of two (2)

twenty (20) foot legs measured from the point of

Intersection of the street right of way line and

the intersecting right of way line, as well as the

intersecting line formed by the curb line or

pavement line of driveways or entrances to an

intersecting right of way line, unless such sign

is less than three (3) feet in height; or, the

aggregate width of the faces of any supportinq

structures for such sign Is less than twelve (12)

inches.

9. Height Restricti on

No sign together with any supporting framework

shall extend to a height above the height of the

building.

h. Building Architectural Integrity Maintained

Signs shall not cover architectural details such

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. -

as, but not limited to arches, sills, moldings,

cornices, and transom windows.

4-9-7 GENERAL STANDARDS FOR SPECIFIC TYPES OF PERMITTED SIGNS

a. Awning Signs

A sign painted on or attached to the cover of a

movable metallic frame, of the h hinged, roll, or

folding type of awning is cons Idered an awning

sign.

(1) Such sign must be painted on or attached flat

against the surface of the awning, but not

extend beyond the valance or be attached to

the underside.

(2) Letters shall not exceed ten (10) inches In

height.

(3) A minimum of eight (8) feet above sidewalk

level must be maintained for pedestrian

clearance.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 12

b. Free Standing Signs

A self-supporting sign in a fixed location not

attached to any building, wall, or fence is

considered a free standing sign.

(1) This does not include portable or trailer

type signs which are not permitted.

(2) Dimensional standards for free-standinq signs

in different sign districts are specified in

Exhibit _, which relates sign requirements

to the character and road speed of each area.

(3) A landscaped planting area shall be provided

around the base of any free-standinq sign in

commercial roadside and scenic roadside sign

districts. Said planting area shall contain

four (4) square feet for each one (1) square

foot of sign area, be a minimum of six feet

(61) in width, be protected from vehicular

encroachment, and be landscaped with a

combination of low-growing shrubs and ground

cover (other than grass), including at least

six (6) shrubs. The planting of

annuals/perennials for accent color is

RICHMOND COUNTY LAND RAIAGEN911 ORD[NAICK (DRAFT) RICHMOND COUNTY, VIRGINIA
PRSPIRRD BY DAVID L. KLIPPINGIR, AIC? TOWN AID COUNTRY PLINKING CONSULTIMT PAGE 10. 13

encouraged. The landscape treatment shall be

designed and maintained so as not to

interfere with the visibility of vehicular

traffic.

(4) Free stnading signs shall be Illuminated with

only steady, stationary, shielded light

sources directed solely onto the sign without

causing glare.

(5) Internal illumination is generally

discouraged, and is only permitted within

commercial roadside signing districts.

(6) Free standing signs can either be pole

mounted or be a prestige ground sign.

(7) Menu boards not exceeding twelve (12) square

feet commonly used by drive through

establishments are permitted and such area

shall not count toward the business'

permitted sign area so long as the menu board

is not visible from a public right of way.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 14

(8) Entrance signs for residential developments

are permitted so long as they comply with the

dimensional requirements of the sign district

in which they are located.

(9) The display of internally-illuminated plastic

signs with dark-colored moveable letters

shall be strictly prohibited in all districts

except on menu boards described in subsection

(7) above. Moveable rented signs of this

nature are not permitted.

C. Landmark Signs

An older sign of artistic or historic merit,

uniqueness or extraordinary significance to the

County as determined by the Land Use Administrator

is considered a landmark sign. The character of

such signs warrants their preservation in original

condition, or their restoration. The maintenance

and/or repainting of a landmark sign is permitted

even If the sign pertains to a business no longer

located within the building or if it exceeds the

maximum permissible sign area.

RICHMOID COUNTY LAND KINAGIM911 ORD311CS (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPAR90 BY DAVID L. ILIPPINGER, AICP TOUN UD COUITRF PLIXIING CONSULTANT PAGS NO. 15

d Marquee Signs

A sign painted on, attached to, or consisting of

an interchangeable copy reader, on a permanent

overhanging shelter which projects from the face

of a building is a marquee sign.

(1) Such signs may be painted on or attached flat

against the surface of, but not extending

beyond or attached to the underside of the

overhang.

(2) Letters or symbols shall not exceed twelve

(12) inches in height.

(3) A minimum clearance of ten (10) feet above

the sidewalk level must be allowed for

pedestrian clearance.

e. Multiple Signs

A group of signs clustered together into a single

sign structure or compositional unit is a multiple

sign. Multiple signs are used to advertise

several occupants of the same building or building

complex.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 16

(1) The display board shall be an integrated and

uniform design.

(2) The maximum sign area permitted is sixteen

(16) square feet for the sign bearing the

name of the building or office park, and two

(2) square feet for the name of each business

or office located there.

f. Neon window signs

Neon window signs may be permitted in cases where

they are.custom designed to be compatible with the

building's historic and/or architectural

character and/or where their color has been

selected to harmonize with the building's exterior

colors or design theme.

89- Painted Wall Signs

A permanent mural or message painted directly onto

a building surface is a painted wall sign. These

signs shall comply with the dimensional

requirements of a wall sign.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 17

h. Projecting Signs

A wall-mounted sign perpendicular to the building

surface Is a projecting sign.

(1) If flat, each face shall not exceed ten (10)

square feet.

(2) The total area of a three dimensional sign

shall be determined by enclosing the largest

cross-section of the sign in an easily

recognizable geometric shape and computing

its area which shall not exceed nine (9)

square feet.

(3) Such sign shall be hung at right angles to

the building and shall not project closer

than two (2) feet to the curb line.

(4) The supporting framework shall be in

proportion to the size of such sign.

(5) Signs which overhang a public walkway shall

be covered by a public liability insurance

policy which name s the County as an insured

party.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 18

(6) The top of the sign may be suspended in line

with one of the following, whichever is the

most successful application of scale, linear

continuity, and visibility as determined by

the Land Use Administrator:

1. between the bottom sills of the second

story windows and the top of the doors

and windows of the ground floor; or,

Ii. the lowest point of the roof of a one

story building.

(7) Projecting signs shall have a minimum

clearance of eight (8) feet above grade when

located adjacent to or projecting over a

pedestrian way. If projectinq over a

driveway, the clearance must be at least

thirteen (13) feet.

i. Time-Temperature Sign

A sign which conveys information about time and/or

temperature by words, letters, or pictures and

which are not in motion is a time-temperature

sign.

RICHMOND COUNTY LAND HINAGIN811 ORDINANCE (DRIFf) RICHROND COUNTY, VIRGINIA
PREPARED B1 DAVID L. KLIPHIGIR, AICP ?OWN AND COUNTRY PLANNING CONSULTANT PAGE 10. It

(1) Such signs shall not change the time-

temperature message more often than once

every six (6) seconds.

(2) Such signs shall not be calculated as part of

the area of a sign.

(3) No more than one such sign shall be located

within one linear mile of another like sign

along the same roadway.

J. Wall Signs

A sign which Is attached parallel to the exterior

surface of a building or structure is considered a

wall sign.

(1) such sign shall not obscure architectural

features of the building, such as arches,

sills, moldings, cornices, and transoms.

(2) Such sign shall not extend above the lowest

point of the roof, nor beyond the ends of the

wall to which It is attached.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINII
PRgPARgo or DAVID L. ILIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 20

(3) Such signs shall have an aggregate area not

exceeding 1.5 square feet for each linear

foot of building face parallel to a street

lot line, or ten percent (10%) of the wall

area to which it is attached, whichever is

less. Where a lot fronts on more than one

street, the aggregate sign area facing each

street frontage shall be calculated

separately.

(4) Where two (2) or more wall signs are affixed

to one wall, the total display area shall be

the su m total area of all signs.

(5) Wall signs shall not extend higher than the

eave line or top of the parapet wall of the

principal building.

(6) No part of a wall sign, including the display

surface, shall extend more than six (6)

inches from the building surface.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 21

4-9-8 SIGN DISTRICTS AND SPECIAL REGULATIONS

A sign district map is made a part of this ordinance

and Is available for review in the Office of the Land

Use Administrator.

a. Types of Districts

(1) Village Center: The village center generally

contains a mix of residential and commercial

building uses. Sharps and Farnham are

representative of districts of this nature.

(2) Commercial Roadside: Concentrated commercial

development along roads leading to and from

village centers.

(3) Scenic Roadside: A combination of limited

commercial development and scattered

residential areas but characterized largely

by open space, fields, and long scenic views.-

b. District Requirements

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 27

(1) Village Center: Within this district the

intent of the sign regulations is to ensure

visual compatibility with the scale and

character of the area. The signage is

designed to be readable by pedestrians and

people In slow-moving vehicles.

Number: There shall be no more than three

(3) types of signs employed per building,

regardless of number of occupancies, (e.g.

free-5tanding, awning, window; or wall,

window and awning). Each ground tloor

occupant of a building may display up to two

(2) types of signs. Each occupant in an

qpper level of a building may display only

one sign.

Materials: All signs shall be made of wood

or metal. If plywood is to be used, it must

have exceptionally smooth and weather

resistant surfaces, such as those obtained

with medium-density overlay ("MD011) board.

RICHMOND COUNTY LAID MANAGEMENT ORDININCR (DRAYf) RICHMOND COUNTY, VIRGINIA
PRIPARID BY DAVID L. KLIPPING81, AICP TOWN AID COUNT11 PLANNING CONSULTANT PAGS 90. 23

Location:

0 Signs should be concentrated near the

pedestrian level.

0 The upper facades of buildings should

not be cluttered with signs.

0 Signs shall not obscure important

architectural details or features such

as windows, transom panels, sills,

moldings, and cornices.

9 -Wall signs identifying commercial

establishments shall generally be placed

within an information band immediately

above the storefront. The information

band should be confined to the vertical

distance separating windows on the

ground and the second floors, or should

be no more than two (2) feet in height,

whichever is lesser.

0 Signs on adjacent storefronts within the

same building shall be coordinated in

height and proportion, and should be

encouraged to use the same signing

format.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED YB DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 24

Size: The size of signs is restricted to

ensure that signs do not overpower the

facades to which they are affixed. Not more

than one and a half square feet (1.5 sq. ft.)

of total signage area will be permitted per

linear foot of storefront.

Preferred Sign Types:

Multiple sign Time-Temperature

Wall Neon

Window Landmark

Projecting Marquee
Awning

(2) Commercial Roadside The goal in this

district is to provide legible signage for

auto-oriented commercial facilities, while

moderating visual competition.

Number: There shall be no more than three

(3) types of signs employed per building

(e.g. free-standing, wall, window). There

shall be no more than three (3) separate

signs per occupancy.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. FLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 25

Materials: The use of wood and metal signs

is strongly encouraged.

Location: Signs should be located where they

can be most easily read, thus reducing the

size needed for legibility.

Size: Due to the traffic speed, and the

larger setbacks common in this type of

district, larqer free standinq signs than in

Village Centers are permissible. (see

Exhibit

Preferred Sign Types:

Wall

Free-standing, prestige ground sign

(3) Scenic Roadside - The most important goal in

this sign district is to maintain the rural

character and scenic open spaces of Richmond

County. The significant historic and rural.

landscape pattern found within scenic

roadside districts form the essence of the

existing visual quality of the scenic

roadside. Special care shall be taken with

RICHMOND COUNTY LAND MANAGEMTN ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 26

the style, quality, location, design, and use

of materials for signs.

Number: Each business may display not more
than two (2) signs. Only display one ( 1

free-standing sign per business parcel is

permitted.

Materials: Signs in this district shall be

of wood or metal. interior lit signs are

strictly prohibited.

Location: As in Commercial Roadside

Districts, signs should be placed in clear

view of traffic to minimize their required

size.

Size: Free standing signs in this district

are smaller than in Commercial Roadside

Districts (see Exhibit ) given the natural

charcter of the district and the scarcity of

sign users.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 27

EXHIBIT
FREE STANDING SIGNS

Commercial I Village Scenic
Roadside Center Roadside

Typical Speed Limit 35-55 less than 35 35-55

Free Standing Signs

Height (feet) 10 6 10

Area (sq. ft.) 24 12 16

Ground Clearance 0 0 0
(min. feet)

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT

Preferred Sign Types:

Free-standing

Wall

Awning

4-9-9 EXEMPT SIGNS

Building permits shall not be required for the

following signs although the Land Use Administrator

will, at no charge, provide a Certificate of Compliance

review.

a. Address and Name of Resident

Signs indicating address and/or name of

residential occupants of the premises, not

exceeding two square feet in area, and not

including any commercial advertising or

identification.

b. Artwork

Works of art that do not include any commercial

messages or references.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 28

C. Community Entrance Signs

Including a sign sponsored by the Chamber of

Commerce or civic associations provided it

complies with the free standing sign dimensional

requirements of the sign district in which it is

located.

d. Decals

Certain decals affixed to windows or door glass

panes, such as those indicating membership in a

business group or credit cards accepted within the

business establishment.

e. Directional Signs

Signs giving on-site directional assistance for

the convenience of the public, not exceeding two

square feet in area or located closer than five

feet to any property line or within a site

triangle area. Directional signs may be
internally lit or Illuminated by white light only.

f. Flags, Emblems, and Insignia

Flags, emblems or insignia of any governmental

agency or religious, charitable, public or non-

profit organization, subject to the following.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 29

(1) No single flag that is flown shall exceed 40

square feet in area and no more than three

such flags shall fly on any single lot. if

the total area of such flags exceeds 72

square feet, the excess area shall be

included in the sign area calculations for

the business parcel.

(2) Flagpoles shall not exceed 25 feet in height.

Wall-mounted flags, emblems, or insignia

shall be limited to one per business parcel

and shall not exceed 40 square feet in area.

g. Handicapped Parking Space Sign
Signs not exceeding two square feet in area
reserving parking spaces for handicapped
motorists.

h. Home Occupation Sign
On-premise identification signs for home
occupations shall not exceed two square feet in
area and shall contain only the name of the
business and/or business owner. Such signs shall

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 30

be located on an exterior wall, window, or door of

the premises.

i. Interior Sporting Event Sign

Signs and scoreboards located within a ball park

or other similar public or private recreational

area and which are not legible from a public

street or adjacent properties.

J. Interior window, Temporary

Signs displayed temporarily in the windows of

commercial and industrial establishments, however,

such signs shall not occupy more than twenty-five

(25) percent of the total area of the window in

which they are displayed.

k. Machinery and Equipment

Signs attached to machinery or equipment which is

necessary or customary to a business including,

but not limited to, devices such as gasoline

pumps, vending machines, ice machines, etc.

provided that such signs refer exclusively to

products or services offered on the premises and

are less than two (2) square feet per device.

RICHMOND COUNfY LIED HANAGIM81f ORDINANCE (DRAYI) RICHMOND COUNfY, VIRGINIA
PREPURD BY DAVID L. KLIPPING91, AICP TOWN AND COUNfR1 PLANNING CONSULTAff PACE 90. 31

1. Moveable Sign, Temporary

Menu boards which are either free-standing or wall

signs designed as an outdoor means to provide

information on food and beverages, etc. offered on

the premises, provided:

(1) such signs are not legible from any vehicular

public right-of-way but instead are oriented

to pedestrians;

(2) do not exceed four (4) square feet in height;

(3) only one such sign shall be permitted per

business.

M. Memorial

Memorial signs or tablets, cornerstones or names

of buildings when cut into masonry or when

constructed of bronze or other non-combustible

material, but not to exceed six (6) square feet in

area.

n. Political, Temporary

RICHMOND COUNTY LAND MANAGEMENT ORDIANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE NO. 32

(1) Political campaign signs must not exceed

twenty (20) square feet in area and shall not

be illuminated.

(2) Political campaign signs shall be confined to

private property and shall not be affixed to

any public structure.

(3) These signs may be displayed no sooner than

forty-five (45) days prior to an election and

must be removed within fifteen (15) days

after the election.

0. Private Drive Signs

on-premise private drive signs limited to one per

drive entrance, not exceeding two square feet in

area, with language limited to the words "Private

Drive" and the address of any residences utilizing

the private roadway.

P. Public signs

Signs erected by government agencies or utilities

including traffic, utility, safety, and

identification signs for public facilities (public

buildings, rest rooms, telephone), and any signs

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 33

erected by the Board of Supervisors or under the

direction of the Board or as required by this

ordinance.

q. Religious Bulletin Boards

Bulletin boards for churches and other permanent

places of worship, when located on the same

premises as the building to which they refer, and

provided that such sign(s) is wall mounted and

does not exceed twelve (12) square feet in area

and six (6) feet in height. If such sign is a

free-standing or illuminated sign, a Building

Permit shall be required.

r. Special Notice Placards
Spcic"'lal notice placards, not to exceed four (4)

square feet in area *(accumulative for the

establishment), attached to a building or to a

free-standing sign indicating credit cards which

are accepted on the premises, group affiliations

of which the business is a member, or clubs or

groups which utilize, recommend, inspect or

approve the business for use by its members. A

permit shall be secured however for any

Illuminated signs.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFf) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLBPPINGER, AICP ?DUN AND COUNTRY PLANNING CONSULTANT PAGE NO. 34

S. Security and Warning Signs

On-premise signs regulating the use of the

premises, such, as "no trespassing", "no hunting"

and "no soliciting", provided these signs do not

exceed two square feet.

t. Temporary Real Estate Signs

Temporary signs which indicate the availabiiity of

real property for lease or sale, located on the

premises being leased or sold.

(1) Display of such signs shall be limited to one

per property not exceeding six feet in height

and not exceeding four square feet in area in

residential areas and eight square feet in

other areas.

(2) such signs shall be removed within seven days

of settlement or lease of the property.

U. Vehicular Inspection

Non-illuminated signs identifying official State

automobile inspection stations and the inspection

number which is due.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 35

(1) Such signs shall not exceed sixteen (16)

square feet in area and shall be limited to

one sign for each street frontage.

(2) "A-frame" designs shall be considered as a

single sign for the purposes of this section.

V. Yard Sale/Car Wash

Non-illuminated signs and posters of less than

four (4) square feet In area advertising or

providing directions to a residential or

civic/community-sponsored yard sale, garage sale

or car wash.

4-9-10 TEMPORARY SIGNS REQUIRING A SIGN PERMIT

The following signs may be erected only after obtaining

a temporary permit from the Land Use Administrator.

The permit shall cite the length of time the sign may

be displayed. If any temporary sign is not removed by

the expiration of the appropriate time limit noted in

this section, the Administrator may remove it and

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 36

charge the costs of removal to the individual or

enterprise responsible.

a. Special Event Signs

Signs announcing special events Including, but not

limited to, auctions, grand openings, new

management, going out of business, and events

sponsored by religious, charitable, or public

service groups.

(1) Any business, individual, or organization may

display a maximum of two signs for up to 14

days prior to a special event once in any 12-

month period.

(2) Such signs shall be attached to buildings or

existing private sign structures or sign

posts with the permission of the owner.

(3) These signs shall not exceed 16 square feet

In area each and shall be removed immediately

following the event.

RICHMOND COUNTY LAND MANAGEMENT ORDINAIC9 (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLIPPI#GgR, 1ICP TOVN AID COUNTRY PLANNING CONSULTANT PAGE NO. 37

b. Temporary Farm Products Signs

Temporary on-premise signs announcing the

availability of seasonal farm products. The

number of signs shall not exceed two and the total

area of all such signs shall not exceed 20 square

feet, nor shall any sign exceed six feet in

height.

C. Construction Signs

Temporary signs announcing new buildings or

projects, permitted to be erected only after the

commencement of building construction or site

development.

(1) Each construction site shall be limited to

one construction sign not exceeding 12 square

feet in area and 8 feet in height.

(2) These signs shall be removed by the time a

permanent sign is erected or a certificate of

occupancy for the building is issued,

whichever occurs first.

RICHOND COUNTY LIND MANAGEMENT ORDINANCE (DRYT) RICHMOND COUNTY, VIRGINIA
PREPARED 81 DAVID L. ILIPPING9R, AICP TOWN 110 COUNTRY PLANNING CONSULTANT PIGS 10. 18

4-9-11 PROHIBITED SIGNS

The following are expressly prohibited unless

specifically stated otherwise in this ordinance:

a. Animated and Moving Signs

Including, but not limited to, pennants, flags

with commercial messages, banners, streamers,

propellers discs, and searchlights.

b. Billboards

Any sign which is not located on the premises that
it identifies or advertises.

C. Flashing signs

Any signs that Include lights which flash, blink,

or turn on and off intermittently, not including

time and temperature signs.

d. Glaring signs

Signs with light sources or reflectivity of such

brightness that constitute a hazard or nuisance as

determined by the Land Use Administrator.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 39

e. Inflatable Signs and Objects

Including, but not limited to, balloons.

f. Portable Signs

Any sign that is not permanently affixed to a

building, structure, or the ground unless

otherwise specifically provided for in this

Ordinance.

g Posters and Handbills

Any signs affixed to trees or other natural

vegetation, rocks or utility poles.

h. Roof Signs

Any signs which are erected on a roof or which

extends above the lowest point of the roof of the

building on which the sign Is erected.

I. Simulated Traffic Signs and obstructions

Any sign which may be confused with or obstruct

the view of any authorized traffic sign or signal,

obstruct the sight distance triangle at any

intersection, or extends into the public right-of-

way.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 40

Strings of Lights

Including lights that outline property lines,

sales area, or any portion of a structure, and are

intended to advertise or draw attention to a

business or commercial activity, except lights

which are a part of a holiday celebration.

k. Vehicular Signs

Any sign displayed on a parked vehicle, where the

primary purpose of the positioning of the vehicle

is to advertise a product or business or to direct

people to a business or activity. For the

purposes of this ordinance, vehicular signs shall

not Include business logos, identification, or

advertising on vehicles primarily used for other

business purposes.

4-9-12 NONCONFORMING SIGNS

Any sign which does not conform to these provisions on

the date this Ordinance is enacted or any date on which

this ordinance is amended, and any sign which

advertises a nonconforming use, shall be deemed a

nonconforming sign. No nonconforming sign shall be

RICEMOID COUNTY LAID MAIAGINUT ORDINARCI (DRAFf) RICHMOND COUNTY, VIR6111A
PRIPAIRD BY DAVID G. KGSPPINGRI, AICP ?ON AID COUNTRY PLANNING CONSULTANT PAGI NO. 41

enlarged, extended, structurally reconstructed or

altered in any manner, except that a sign face may be

changed so long as the new face is equal to or reduced

in height, sign area, and/or projection and a building

permit Is issued for the sign face change.

4-9-13 EXPIRATION OF PERMITS FOR SIGNS

If an approved sign is not erected within a period of

12 months from the date the permit was oriqinally

issued, the permit shall expire and become null and

void.

4-9-14 REMOVAL OF ILLEGAL OR DANGEROUS SIGNS

a. Illegal Signs: The Land Use Administrator may

remove or order the removal of any sign not in

conformance with the provisions of this Ordinance,

at the expense of the sign owner.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAYf) RICHMOND COUNTY, VIRGINIA
PREPARED By DAVID L. KLIPPINGRI, Ale? To" AND COUNTRY PLANNING CONSULTANT PIGS 10. 42

b. immediate Peril: A sign shall be removed

immediately if the Land Use Administrator finds

the sign to be an immediate peril to persons or

property. If the Land Use Administrator cannot

locate the sign owner or lessor of the sign for

immediate removal of the sign, he shall remove or

order the removal of the sign at the expense of

the sign owner or lessor.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 43

4-10 LIGHTING

4-10-1 PURPOSE AND INTENT

The purpose and intent of this Section is to ensure

that lighting is provided in order to facilitate the

safe and secure movement of motor vehicles, bicycles

and pedestrians, as well as to provide for the security

of buildings and personal property.

4-10-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

In connection with every major subdivision or major

site plan, the applicant shall submit plans for all

proposed exterior lighting. These plans shall include

the location, type of light, radius of light,

manufacturer's specification sheet and intensity In

footcandles.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 1

4-10-3 GENERAL REQUIREMENTS

A. Maximum Height

The maximum height of light standards shall not

exceed the maximum building height permitted, or

25 feet, whichever is less.

b. Lights Shall be Shielded

The height and shielding of lighting standards

shall provide proper lighting without hazard to

drivers or nuisance to adJacent residents, and the

design of lighting standards shall be of a type

appropriate to the development in which they are

proposed.

4-10-4 LIGHTING WITHIN PUBLIC RIGHTS-OF-WAY

a. When Required

Lighting shall be provided in accordance with a

plan designed by Virginia Power or using the

guidelines shown on Exhibit The use of

lighting within public rights-of-way is at the

discretion of the applicant, unless required by

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 2

the Virginia Department of Transportation or the

plan-approving authority when deemed necessary to

ensure the safety of the travelling public.

b. Installation standards

Unless otherwise approved by the plan-approving

authority, street lights shall conform with the

following standards:

(1) All fixtures and mounting devices shall be

architecturally compatible with the

subdivision. In this regard, "cobra-head" or

other fixtures with a horizontal extension

between the mounting pole and the luminaire

of more than eighteen Inches (1811) shall not

be approved in residential areas.

(2) on access, subcollector, and minor collector

streets, mounting poles shall be installed

not less than nine and one-half feet (9.51)

nor more than twelve feet (121) from the edge

of pavement and property lines or the

intersection of property lines on corner

lots.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (OW) RICHMOND COUNTY, VIRGINIJ
PREPARED BY DAVID L. XWPINGER, AIC? TOWN AND COUNTRY PLANNING CONSULTAlf PAGE NO. 3

(3) The lighting plan shall be designed to

illuminate roads, intersections and

pedestrian facilities constructed within and

along the boundaries of the development.

(4) Luminaires shall be installed so as to reduce

or prevent direct glare into dwellings.

4-10-5 LIGHTING WITHIN-PARKING AREAS AND ADJACENT WALKWAYS

All parking areas and appurtenant walkways, bikeways

and driveways serving commercial, public, office,

industrial, multi-family, mobile home park, or other

similar uses, having common off-street parking and/or

loading areas, and/or common pathways shall be

adequately illuminated for security and safety

purposes. The lighting plan shall provide for

nonglare, color-corrected lights focused downward, and

be consistarht with the guidelines shown on Exhibit

as well as the standards listed below.

a. Cone of Illumination Standard

All lights shall be shielded to restrict the

RICHMOND COUNTY LAND RAIAGEM911 ORDININCI (DRAFT) RICHMOND COUNTY, VIRGINIA
PRIPARID BY DAVID L. KLgPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGR NO. 4

maximum apex angle of the cone of illumination to

one hundred fifty (150) degrees.

b. Shielding of Lights Near Residences

Where lights along property lines would be visible

to adJacent residents, the lights shall be

appropriately shielded. Such shielding may

include berming, landscape material, and

decorative fencing.

C. Lights Out Provision

Site lighting, other than that needed for security

purposes, shall be set on a timer system that

shuts off all but security lighting of the site by

11:00 P.M.

d. spotlights Not Recommended In Certain

Circumstances

spotlight-type fixtures attached to buildings and

visible to the public shall be avoided.

e. Lighting at Points of Vehicular Conflict

Lighting shall be located along driveways, where

driveways intersect public rights-of-way, parking

areas, and where various types of circulation

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 5

systems merge, intersect, or split. Free-standing

lights shall be so located and protected to avoid

being damaged by vehicles.

f. Lights in Pedestrian Areas

Pathways, sidewalks and trails shall be lighted

with low pedestrian level or mushroom type light

standards. Stairways, sloping or rising paths,

and building entrances and exits shall be

illuminated.

RICHMOND COUNTY LAND MANAGEMENT ORIDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 6

EXHIBIT
ILLUMINATION GUIDELINES FOR STREET, PARKING,
AND PEDESTRIAN AREAS

Rights of way

Area Classification
Street Hierarchy Commercial Residenti-al
(Footcandle) (Footcandle)

Collector 1.2 0.6
Minor-Residential
Subcollector 0.9 0.4
Local 0.6 0.4
Intersections 3.0 3.0

Parking Lots

Vehicular Pedestrian Pedestrian
Level of Activity Traffic Safety Security
(Footcandle) (Footcandle) (Footcandle)
Low Activity (parking
areas, schools, small
businesses) 0.5 0.2 0.8
Medium Activity (Multi-
family, fast food, area
shopping centers) 1.0 0.6 2.0
High Activity (Major
shopping center) 2.0 0.9 4.0

Walks and Bikeways

Minimum Average Levels
Walkways & Bikeway Average for Special Pedestrian
Classification Level Security
(Footcandle) Mounting Mounting
Heights Heights
9-15 ft. 15-25 ft.
(Footcandle) (Footcandle)
Roadside Sidewalks
and Bikeways
-Commercial areas 0.9 2.0 4.0
-Residential areas 0.2 0.4 0.8
Walkways and Bikepaths
Distant from Roadways 0.5 0.6 1.0

RICHMOND COUNTY LIND M111GRAINT ORDINANCI (DRAYT) RICHMOND COUNTY, VIRGINIA
PRKPAR90 BY DAVID L. XL9PPIIG81, AICP TOWN AID COUNTRY PLANNING CONSULTANT

4-11 OFF STREET PARKING AND LOADING

4-11-1 PURPOSE AND INTENT

The purpose and intent of the regulations established

herein is to ensure that access to a development site

from adjacent vehicular rights-of-way are designed so

as to Interfere as little as possible with traffic flow

on these rights-of-way and permit vehicles a rapid and

safe ingress and egress to the site. Pedestrian and

vehicular traffic movement within the development site,

with particular emphasis on the provision and layout of

parking areas, off street loading and unloading

facilities and on site driveway patterns shall be

reviewed to ensure that all parking spaces are usable,

safe and conveniently arranged, and that the site is

efficiently designed.

4-11-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

Every plan of development shall include a parking and

loading design plan. The design plan shall include

the-:

RICHHOND COW1 LAND HARA69H91T ORDINANC9 (DRAFT) RICHMOND COUNTY, VIRGINIA
PRRPARRD BY DAVID L. KLIPPING9R, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAGI NO. I

location and width of existing and proposed

streets, entrances and exits servicing the site,

including the type of pavement;

location of all off-street parking areas and off-

street loading facilities, showing the number,

location and dimensions of parking spaces, loading

areas, curb stops, bumpers, traffic aisles,

traffic patterns, curb radii and type of pavement

with construction details;

location of existing and proposed curbs,

sidewalks, bike paths, bike storage areas, etc.

4-11-3 GENERAL REQUIREMENTS

a. Minimum Parking Space Requirements to be

Maintained

(1) All required off-street parking or loading

space shall be maintained for parking or

loading use for as long as the principal use

for which such spaces were established shall

remain.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KEPPLEINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 2

(2) No enlargement of a building, structure or

use shall be made in such a way as to reduce

the number of existing parking or loading

spaces below the minimum number required

unless provisions are made elsewhere on the

premises to replace any required spaces which

may have been removed. Additional parking or

loading spaces shall be provided to

accommodate any additional demand created by

such enlargement.

b. Parking in the Front Yard Residential

off-street parking areas shall be located within

the rear and side yards only unless the applicant

can demonstrate to the satisfaction of the plan-

approving authority that off-street parking is

necessary between the building and public right-

of-way, or that front yard off-street parking is

substantially buffered from the view of public
rights@-of-way.

C. Arrangement of Parking Spaces into Parking Lots

Parking facilities containing 100 or more parking

spaces shall be divided into several smaller

parking areas and shall be separated from each

RICHMOID COUNTY LAID MAIAGENSIT ORDINANCE (DRUT) RfCHM0MD COUNTY, VIRGIN11
PREPARED BY DAVID L. KLIPPINGBR, AIC? TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 3

other by landscaping, change of grades, buildings,

or other means.

d. Required Parking Spaces to be On Site

Parking spaces shall be on the same lot or tract

of land as the building or use to be served unless

the plan-approving authority approves collective

off-street parking facilities for two (2) or more

buildings or uses on adjacent or contiguous lots.

e. Fractional Space

Where fractional spaces result when calculating

the minimum required number of parking and loading

spaces, the parking or loading spaces required

shall be construed to be the next highest whole

number.

f. Loading Areas Not For Use as Parking Areas/Vice-

Versa

No area allocated to loading and unloading

facilities may be used to satisfy the area

requirements for off-street parking, nor shall any

portion of any off-street parking area be used to

satisfy the area requirements for loading and

unloading facilities.

RICHMOND COUNTY LAND HANIGIN917 ORDINAICI (DRAFT) RICHMOND COUNTY, VIRGINIA
PRSPARID if DAVID L. KLIPPINGKR, JICP TOWN AND COUNTRY PLANNING COMsUL?A#? PAG9 10. 4

9. Constructed Parking Spaces Shall be No More Than

the Minimum Required

Minimum off-street parking and loading

requirements as required by this Section may only

be exceeded where it can be demonstrated that such

additional parking facilities are necessary for

the operation of a proposed use.

h. Parking Space and Loading Area Requirement

AdJustment-

where it can be demonstrated that the parking

and/or loading and unloading requirements of this

Section will result In more parking spaces than

actual needs require, the plan-approving authority

may permit a portion of the proposed parking

and/or loading areas to remain unimproved. Such

unpaved area shall remain reserved for future

parking/loading needs. If conditions in use or

actual operation of the proposed use vary and

additional parking/loading areas are needed, the

Land Use Administrator is empowered to require

such unpaved area to be improved as such.

RICHMOND COUNTY LAID MAKAGSK91T ORDINAICS (DRAFf) RICHMOND COUNTY, VIRGINII
PREPARRD BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLAMMINC CONSULTAIT PAG9 10. 5

4-11-4 OFF-STREET PARKING REQUIREMENTS

a. Minimum Number of Spaces

(1) Factors Used in Determining the Minimum

The minimum number of off-street parking

spaces with proper access from a public

right-of-way or driveway shall be as depicted

on Exhibit In determining minimum

parking space requirements for uses not

covered in this Article, the plan-approving

authority shall be guided by the number of

persons to be employed in said building or by

the use; the numbers of persons expected to

reside in, visit, or patronize the building

or use, and the need for safe and convenient

loading space for visitors or patrons and

goods.

(2) Shared Parking

The required parking space for any number of

separate uses may be combined in one

facility. Generally, the required space

assigned to one.use may not be assigned to

another use; thus, the total available spaces

RICHMOND COUNTY LIND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGRI, AICP ?OWN AID COUNTRY PLANNING CONSULTANT PAGE NO. 6

EXHIBIT
OFF-STREET PARKING REQUIREMENTS

Development Type Required Parking Spaces

Residential Uses:

Single family detached
dwelling 2 for each dwelling unit

Duplex dwellings 2 for each dwelling unit

Townhouses 2 for each dwelling unit, plus

0.25 for each dwelling unit
for visitor parkinq

Multi-family dwellings 1.5 for each dwelling unit,
plus 0.25 for each dwelling
unit for visitor parking

Housing for the elderly 1 for each 2 dwelling units
and physically handicapped

Group quarters:

Lodging and rooming houses 1 for each room rented

Nursing homes 1 for each 2 beds

Transient lodgings:

Hotels/motels:
1-100 bedrooms 1 for each bedroom
101-200 bedrooms 100 spaces plus .9 for each
bedroom over 100
201-300 bedrooms 190 spaces plus .8 for each
bedroom over 200
301 and over 270 spaces plus .7 for each
bedroom over 300

Meeting rooms, banquet 1 for each 350 square feet of
rooms and restaurants non-room floor area
within a hotel/motel

Bed and Breakfast I for each guest room plus 2
additional spaces

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO.

Develogment Tyge Required Parking--apace:5-

Business:

Low Parking Generation Group 3.33 per 1000 sq. ft. gross
leasable area

This group consists of furniture stores, carpeting and
floor covering stores, retail upholstery stores,
printing, publishing, and business machine sales, and
similar uses which, because of their large areas of
display space, generate relatively small demands for
parking space.

Normal Parking Generation
Group 5 per 1000 sq. ft.

This group consists of retail sales and service
establishments that generate an average parking demand,
and includes any such uses which are not classified in
low or high parking generation groups, and are not
specifically listed elsewhere in this Section.

High Parking Generation Group 7 per 1000 sq. ft. gross
leasable area

This group includes food stores, convenience stores,
drug stores, variety stores, and similar uses which,
because of the type of activity, require unusually
large amounts of parking space.

Automobile sales and rental 1 for each 500 square feet
establishments of enclosed sales/rental
floor area, plus 2 for each
service bay

Service Station 4 for each bay and work area

Car Wash 10 for each washing lane

Banks/Savings and Loan I for each 300 square feet, 8
stacking spaces for the first
drive-in window and 2 stacking
spaces for each additional
drive-through lane

Shopping centers, but 1 for each 250 square feet of
excluding theaters floor area

RICHMOND COUNTY LAND HANAGIM111 ORD[HANCI (DRAFT) RICHMOND COUNTY, VIRGINII
PRIPIR911 BY DAVID L. ILIPPINGER, AICP YOUR AND COUNTRY PLANNING CONSULTANT PAGS 80.

Development Type Required Parking spaces

Restaurant 1 for each 3 seats

Fast Food Restaurant 1 for each 25 square feet plus
8 stacking spaces for the
drive-through

outdoor sales and display 1 for each 500 square feet of
open sales and display area

Wholesale, Inventory and 1 for each 1000 sq. ft. of
storage uses not otherwise floor area devoted to enclosed
classified storage

office uses:

Offices, but not including I for each 300 sq. ft. of
medical offices floor area

Medical uses:

Doctor's or dentist's office, 1 for each 200 sq. ft. of
clinic, and out-patient floor area
clinic

Hospital 2 for each bed, plus 1 for
each 200 sq. ft. of floor area
devoted to patient services

Veterinary hospital 1 for each 400 sq. ft. of
floor area

service uses:

Personal Service Business 1 for each 200 sq. ft. of
floor area

Laundry
Self-service 1 for each 200 sq. ft. of
floor area
Dry-cleaning establishment 1 for each 400 sq. ft. of
floor area

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO.

Development Type ReQuired Parkinq SDace-s

Funeral home 1 for each 4 seats in chapels
or parlors with fixed seats; I
for each 100 sq. ft. of floor
area for assembly .-rooms
without fixed seats that are
used for services

Educational Uses:

Day care center, nursery 1 for each 200 sq. ft. of
school floor area

Elementary, middle and 2 per classroom plus 1 per
high schools staff member

Junior colleges, colleges, 1 for each 5 classroom seats
universities plus 20 spaces for visitors,
plus 1 per every 3 seats in an
auditorium or muiti-purpose
room

Institutional uses:

Churches and other places I for every 3 seats of maximum
of worship; and civic, seating capacity in the main
fraternal, political, place of assembly
private, religious, and
social nonprofit organizations

cultural. entertainment. and
recreational u5es:

Auditoriums, assembly halls,
community centers, dance
halls, and theaters
Fixed seats I for each 4 seats based on
maximum seating capacity
Without fixed seats 1 for each 100 sq. ft. of
floor area

Amphitheaters, sports 1 for each 100 sq. ft. of
arenas, stadiums or floor area
gymnasiums

Art galleries, libraries, 1 for each 400 sq. ft. of
museums floor area

RICHMOND COUNTY LAND MANAGEMENT ORDINAICS (DRAFT) RICHMOND COUNTY, VIRGINIA
PRIPARSO Of DAVID L. XL9PPI1G8R, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGS NO.

Development Type Required parking Spaces

Bowling 4 for each alley

Golf course or miniature 2 for each hole
golf course

Industrial uses:

Manufacturing, assembly, 1 for each 800 sq. ft. of
finishing and other uses floor area

Warehouse/storage, 1 for each 5000 sq. ft.
shipping/receiving storage area

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO.

should be the sum of required spaces for each

of the individual uses. Shared parking

facilities where parking available is below

the minimum requirements for each separate

use, as depicted on Exhibit -_ F shall be

allowable when the functional nature of the

uses allow for differing peak hour demands.

The number of spaces required in such a

shared facility other than those specifically

noted in Section 4-11-4a(l) shall be

determined by the plan-approving authority

after review of a parking study submitted by

the applicant. This study should follow the

guidelines of the Urban Land Institute's

Shared Parki Any such combined use will

require the recording of a perpetual

easement, in form and substance acceptable to

the plan-approving authority.

b. Size of Spaces

Parking spaces shall be sized in accordance with

the dimensions provided in Exhibit Small

car spaces may be provided for up to 30 percent of

all required spaces for nonresidential uses.

RICHMOND COUITY LAND NAIAGBHEIT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, 1IC? YOVA AND COUNTRY PLANNING CONSWINT PAGE 10. 7

EXHIBIT
PARKING SPACE DIMENSIONS

Parking Angle Standard Space Small Car Space Handicapped Space
Stall Stall Stall Stall Stall Stall
Width Depth Width Depth Width Depth

45 9' 17.5' 7.5' 17' 12' 17.5'
60 9' 19' 7.5' 17.5' 12' 19'
75 9' 19.5' 7.5' 17.5' 12' 19.5'

(perpendicular)
90 9' 18' 7.5' 16' 12' 18'

Parallel parking spaces shall be as follows:
Standard 7.5 X 21 feet
Small Car 6 X 19.5 feet
Handicapped 11 X 22 feet

C. Design of Parking Spaces for the Physically

Handicapped

(1) Parking spaces for the physically handicapped

shall be located as close as possible to

ramps, walkways and entrances. Where

feasible, these parking spaces shall be

located so that the physically handicapped

are not forced to wheel or walk across main

traffic lanes or behind parked cars to reach

the ramps, and other facilities. The spaces

shall be situated in those areas of the

parking lots located nearest to each primary

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 8

building entrance. Parking spaces for the

physically handicapped shall be provided in

accordance with Exhibit

EXHIBIT
PARKING SPACE REQUIREMENTS FOR
THE PHYSICALLY HANDICAPPED

Total Parking Spaces in Lot Required Minimum Number

Up to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2% of Total
Over 1,000 20, Plus 1 for each
100 over 1,000

(2) Parking spaces for the physically handicapped

shall be identified by signs, generally

located eight (8) feet above grade. The

signs shall state that the space Is reserved

by law for the physically handicapped. where

these signs are placed flush against

buildings or structure, or in other locations

not accessible to vehicular or pedestrian

traffic, the height may be reduced to six (6)

feet.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. ILIPPINGER, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PACE 10. 9

(3) where a curb exists between a parkinq lot and

a sidewalk, a horizontally scored ramp or

curb cut shall be provided for wheelchair

access. The curb cut shall not be less than

four (4) feet wide and shall have a grade of

not more than one (1) foot in twelve (12)

feet. Curb cuts shall be provided within

thirty (30) feet of each accessible entrance

sidewalk to the structure, at all pedestrian

sidewalk intersections, and elsewhere to

provide reasonably direct circulation within

each development. Curb cuts shall not be

more than one hundred fifty (150) feet apart.

(4) sidewalks shall be scored or textured to

indicate the location of doors to blind

persons. Exterior sidewalks shall not be

obstructed. They shall have a side slope not

greater than one (1) inch in four (4) feet
%I'nd a grade of not more than one (1) foot in

twenty (20) feet. wherever sidewalks cross

driveways, parking lots, or other sidewalks,

they shall blend to a common level.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFtj RICHMOND COUNTY, VIRGINIA
PREPAR90 BY DAVID L. KL2PPI�G9R, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGI 10. 10

(5) Storm drain grates and similar devices shall

not be located within the required access for

the physically handicapped.

(6) The grade of parking spaces for- the

physically handicapped shall not be more than

one (1) foot in twenty (20) feet.

d. Arrangement and Marking of Parking Spaces

(1) All off-street parking areas shall be

arranged and marked to provide for orderly

and safe loading, unloading, parkinq, and

storage of vehicles. Directional arrows and

traffic signs shall be provided for traffic

control. Individual parking spaces shall be

clearly defined with durable, contrastinq

lines 4 to 6 Inches wide, forming a band

between 12 and 24 inches wide around each

side of the stall; except that small car

spaces shall be marked with a single line, 4

to 6 Inches wide, along each side of the

stall. Each space or area for small car

parking must be clearly marked with a siqn to

indicate the intended use.

RICHMOND COUNTY LAND KARAGEM911 ORDINAICS (DRAFT) RICHMOND COUNTY, VIRGINIA
PISPARED BY DAVID L. KLSPPINGKI, AICF TOWN AND COUNTRY PLANNING CONSULTANT PAGI 10. 11

(2) All off-street parking shall be desiqned so

that vehicles can turn around on site and

enter the public right-of-way or vehicular

travelways outside of parking bays in such a

manner as to completely eliminate the

necessity of backing into the street.

(3) Parking areas or lots providing for more than

sixty (60) motor vehicle spaces shall, where

possible, be subdivided into modular parking

bays or lots of not greater than sixty (60)

spaces each. Single row or line of spaces

within a bay should be separated from access

or circulation drives by ten (10) foot wide

islands for the full width of a bay at the

ends of rows.

(4) A major loop driveway should be developed

around the parking areas. All parking should

be located in bays generally perpendicular to

driveways or roads. A one-way directional

movement, If employed, shall be to the left

or counter-clockwise.

RICHMOND COUNTY LAND HAMMY? ORDINANC9 (DRAFT) RICHRONO COUNTY, VIRGINIA
Pfi1PAR9D 81 DAVID L. KUPPINGER, 1ICP` TOWN AND COUNTRI PLANNING CONSULTANT PAGE No. 12

(5) Off-street parking areas shall be oriented to

and within a reasonable walking distance of

the buildings they are designed to serve (as

a guideline, a maximum of 1,000 feet for

employee parking; 700 feet for shoppers-, 300

feet for non-elderly residents; 150 feet for

elderly residents; and 500 feet for guests of

a hotel or residential development).

e. Aisles

Interior aisles are vehicular travelways with

parking spaces along the side(s). 7'he width of

all aisles providing direct access to individual

parking spaces 5hall be in accordance with the

requirements set forth In Exhibit

RICHMOND COUNTY LIND MIJIGHMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPING91, AICP TOWN AID COUNTRY PLANNING CONSUL?AOT PAGI 10. 13

IXHIBIT
PARKING LOT AISLE WIDTHS

Aisle Width Aisle Width
Parking Angle One-Way Traffic Two-way Traffic
(Degrees) (Feet) (Feet)

0 parallel parking 12 24
30 12 24
45 14 24
60 18 24
90 perpendicular 24 24
parking

4-11-5 DRIVEWAYS

a De s i qn

(1) All entrance and exit driveways shall conform

to the requirements of the Virginia

Department of Transportation in order to

afford maximum safety to traffic, provide for

safe and convenient ingress and egress to and

from the site, and to minimize conflict with

the flow of traffic.

RICHMOND COUNTY LAND MANAGINSIT ORDINANCS (DRAFT) RICHMOND COUNTY, VIRGINIA
PRKPAR90 BY DAVID L. XL9PPI1G91, AICP TOW# AND COUNTRY PLANNING COISULTANT PAGI 10. 11

(2) Entrance and exit driveways to aisles with

parking spaces are vehicular travelways and

shall not have parking spaces along its

sides.

(3) Any proposed driveway on any street or

highway in the Federal Aid System - primary,

secondary or urban - as designated on the

Virginia Department of Transportation general

highway maps, shall comply with the

following design standards and with all

applicable standards as prescribed, or as may

be hereafter amended, by the Virginia

Department of Transportation. in the case of

conflicts, the more restrictive standards

shall govern.

Each parcel with frontage on a public street

or highway shall be permitted one driveway,

either on the parcel or as part of a joint

access arrangement with an adjoining parcel.

In all cases of access to Federal Aid System

roads, Joint access arrangements shall be

considered to be the preferred alternative

and, as such, where the adjoining parcels are

RICHMOID COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA-
PREPARED BY DAVID L. KLIPPINGIR, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 15

Under the same ownership, shall be

incorporated into proposed plans except where

existing development patterns, site

characteristics, or the characteristics of

the proposed use would, as determined by the

plan-approving authority in consultation with

the Resident Engineer of the Virginia

Department of Transportation, render such an

arrangement impractical. Where joint access

arrangements are provided, a ten (10) foot

wide restricted access easement shall be

required along all portions of the highway

frontage except where the permitted highway

access is located. Such restricted access

easement, and the following statement to be

signed and acknowledged by both the County

and the applicant, shall be affixed to the

approved plan and shall also be recorded, at

the cost of the property owner, in the
courthouse:

"Pursuant to the terms of the Richmond

county Land Management Ordinance, a

Joint access arrangement to serve

Assessor's Parcel Nos. and

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO, 16

as identified on the Richmond County tax

maps is hereby established. Such

arrangement shall be maintained and kept

available to serve the subject parcels

regardless of changes in ownership.-"

Where the adjoining parcels are under

different ownership, joint access

arrangements are stronqly encouraqed. If

provided, such arrangements sliall be

acknowledged through execution and

recordation of the above statement.

Additional driveways may be permitted

provided that the need for such additional

driveways is substantiated.

(4) Driveways and entrances: The minimum spacing

between the tangent point of an Intersection

and permitted driveways or entrances

themselves, shall be in accordance with the

requirements depicted on Exhibit based

on the street classification, provided,

however, that a, greater or lesser distance

may be stipulated by the plan-approving

RICHHOND COUNTY LIND MANAGEMENT ORDINANCE (DRAFT) RICHROND COUNTY, VIRGINIA
PREPARED if DAVID L. MPPINGER, AICP T09H AID COUNTRY PLANNING CONSULTANT PAGE NO. 17

authority upon the recommendation of the

Department of Transportation. Reduction of

these spacing requirements shall be permitted

when the property configuration or location

would preclude strict application of these

standards, provided however that where an

alternate access arrangement or an internal

access system is practical and feasible,

multiple driveways or entrances not in

conformance with these spacinq standards

shall not be permitted. Except for detached.

residential development, the use of shared

access arrangements shall be the preferred

alternative.

EXHIBIT
DRIVEWAY SPACINGS ALONG RIGHTS OF WAY

classification Min, Sp-acing

Access 40
Subcollector 50
Minor Collector 75
Major Collector 100
Minor Arterial 250
Major Arterial 350

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTI, VIRGINIA
PREPAR9D Of DAVID L. KLBPPINGER, AICP TOWN AND COUNTRI PLANNING CONSULTANT PAGE 10. If

(5) The minimum distance between the property

line of a parcel and the nearest edge of the

nearest driveway to that property line shall

be twenty-five (25) feet, except however,

driveways which provide joint access t6-more

than one parcel, or which may reasonably be

expected to do so in the future, may be

located on the property line or within

twenty-five (25) feet of the property line.

(6) The dimensions of driveways shall be designed

to adequately accommodate the volume and

character of vehicles anticipated to be

attracted daily. The required maximum and

minimum dimensions for driveways are

Indicated below in Exhibit - _. Driveways

serving large volumes of daily traffic or

traffic of over fifteen (15%) percent truck

traffic shall be required to utilize high to

maximum dimensions.

RICHMOND COUNIT LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPING9R, 1ICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE NO. 19

EXHIBIT
DRIVEWAY WIDTHS

One-Way Operation Two-Way operation
Driveway Width Driveway Width
(Feet) (Feet)

1-2 Family 9-20 NA
3-10 Family
Residential Area 10-16 16-24
over 10 Family 15-24 20-36
Commercial &
Industrial 15-30 4-6

4-11-6 SIDEWALKS

a. Location and Design

In addition to all required parkinq spaces and

driveways, pedestrian sidewalks shall be provided

in off-street parking areas for pedestrian safety.

Sidewalks shall be protected from vehicular

encroachment by wheel stops, curbs, or other

methods approved by the plan-approving authority.

Sidewalks shall be a minimum width of four (4)

feet. Parked vehicles shall not overhang or

extend over sidewalk areas, unless an additional

sidewalk width of two and one-half (2-1/2) feet is

provided to accommodate such overhang.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 20

b. separation of Sidewalk Areas

All parking spaces shall be separated from

sidewalks, roads, and landscaped areas by wheel

stops, curbs, or other method approved by the

plan-approving authority.

4-11-7 OFF-STREET LOADING

a. Applicability

Whenever the normal operation ot any development

requires that goods, merchandise, or equipment be

routinely delivered to or shipped from that

development, a sufficient off-street loading and

unloading area must be provided in accordance with

this section to accommodate the delivery or

shipment operations in a safe and convenient

manner. Determination of the applicability of

this section shall be made by the plan-approving

authority.

RICHMOID COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGIR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 21

b. Location and Access

(1) All areas for the loading and unloading of

vehicles and for the servicing of

establishments or shops shall have adequate

and unobstructed access from a street,

service driveway or alley and shall be so

arranged that they may be used without

blocking or otherwise interfering with the

use -of vehicular travelways, parking

facilities, fire lanes o r sidewalks.

(2) Unobstructed access, at least ten (10) feet

wide, to and from a street shall be provided

to the loading area. Such access may be a

driveway within the parking lot. All

permitted or required loading areas shall be

on the same lot as the use to which they are

attached.
1.11 1

(4) No entrance or exit for any loading area or

berth shall be located within fifty-(50) feet

of any street intersection.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCI (DRAFT)
RICHMOND COUNTY, VIRGINIA
PRKPAR9D BY DAVID L. KLIPPING91, AICP TOWN AND COUNTRY PLANNING CONSULfANY PAGI NO. 22

(5) No off-street loading berth or area shall be

located in any front yard.

C. Dimensions and Amount of Loading Areas

(1) A loading area need not be necessarily a full

berth, but shall have a minimum plan

dimension of at least ten (10) feet in width.

Each required loading berth within the

loading area shall be at least twelve (12)

feet wide and forty (40) feet long, with

fourteen (14) feet of overhead clearance.

(2) The loading and unloading area must be of

sufficient size to accommodate the numbers

and types of vehicles that are lixely to use

this area, given the nature of the

development. Exhibit --- indicated the

number and size of spaces that normally shall

satisfy the intent of this standard, subject

to evaluation of adequate data submitted by

the applicant. In no case, however, shall

the required space be less than one (1)

RICHMOND COUIff LAND MAIAGEN911 ORDINANCE (DRAFT) RICHMOND COUHTY, VIRGINIA
PREPARED 81 DAVID L. KUPPINGIR, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE No. 23

EXHIBIT
OFF-STREET LOADING REQUIREMENTS

For retail stores, financial institutions, educational
facilities, restaurants, wholesale, warehouse, general service,
manufacturing or industrial establishments; the number of berths
on building floor area shall be as follows:

1. Up to 4,000 square feet I loading area (I berth
if served by tractor
trailers)

2. 4,001 to 20,000 square
feet 1 berth

3. 20,000 to 40,000 square
feet 2 berths

4. 40,000 to 100,000 square
feet 3 berths'

5. Each 80,000 square feet
over 100,000 square feet 1 additional berth

For motels, hotels, offices, dormitories, schools, places of
public assembly or similar uses; the number of berths based on
the building floor area devoted to such uses shall be as follows:

1. Up to 10,000 square feet i loading area

2. 10,001 to 100,000 square 1 berth
feet

3. Each 100,001 square feet
or fraction thereof over
100,001 square feet 1 additional berth

RICHMOND COUNTI LAND MAIA69HERY ORDINANC9 (DRAFTJ RICHMOND COUNTY, VIRGINIA
PRRPARID BY DAVID L. KL9PPIJG9R, AICP TOVI AND COUNTRY PLANNING CONSULTINT

loading area of sufficient size to

accommodate the number and size of

anticipated delivery vehicles.

(3) Whenever there exists a lot with one or more

structures on it constructed before the

effective date of this Ordinance, and a

change in use that does not involve any

enlargement of a structure is proposed for

such lot, and the loading area requirements

of this section cannot be satisfied necause

there is not sufficient area available on the

lot that can practically be used for loading

and unloading, then the developer need only

comply with this section to the extent

reasonably possible,

(4) Loading/unloading areas shall be screened

from public view.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFf) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGIR, AIC? TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 24

4-11-8 BICYCLE PARKING

When there is a reasonable expectation that a proposed

development will be accessed by bicycle traffic,

bicycle parking facilities shall be provided in an

amount sufficient to accommodate anticipated use.

Outdoor bicycle parking facilities shall be located in

convenient locations close to building entrances or

pedestrian walkways leading to building entrances.

such facilities-shall be clearly marked, and separated

from automobile access by either landscaping, raised

curbs or similar devices. Bicycle parking iacilities

shall provide the ability for users to secure bicycles

by means of padlocks, chains or.cable attachments.

4-11-9 SURFACING REQUIREMENTS FOR OFF-STREET PARKING AND

LOADING FACILITIES

a. Paving standards

All off-street parking and loading area, inciuding

aisles and driveways, shall be constructed and

maintained with an all-weather pervious material

unlikely to cause substantial maintenance

problems. Surface areas shall be properly graded

RICHMOND COUNTY LARD MANAGEMENT ORDINANCE (DRUT) RICHMOND COUATY, VIRGINIA
PREPARRO BY DAVID G. KLgPPING91, AICP TOO AND COUNTRY PLANKING CONSULTANT PAGE No. 25

and be composed of asphalt, concrete or other

material approved by the plan-approving authority,

including porous paving. Surfaces should

approximate the following all-weather surfacing

detail:

(1) Parking spaces - Two (2) Inches of asphalt

surface applied over eight (8) inches of a

graded, compacted aggregate #1 or #2

subgrade.

(2) Driveways - One and one-half (1-1/2) inches

of asphalt surface applied over a five (b)

inch BM-2 asphalt base on top of an eiqnt (6)

inch compacted aggregate #1 or #2 subqrade.

The plan-approving authority may increase or

decrease the required surfacing treatment

depending upon anticipated usage, the nature and

weight of anticipated traffic, as well as the

stability of the on-site soils.

b. Exceptions to the Paving Requirements

Exceptions to this -requirement are driveways

serving single family detached dwellings, parking,

RICHMOND COUNTY LAND MANAGEN911 ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XL9PPINGIR, AICP TOWN AND COUNTRf PLANNING CONSULTANT PAGE NO. 26

loading and storage areas on to which customer

vehicles are not permitted, and existing

commercial and industrial uses. Any chanqes to

existing commercial and Industrial uses requiring

an increase in public parking spaces must be

accomplished in conformance with the requirements

of this ordinance.

4-11-10 MAINTENANCE OF OFF-STREET PARKING AND LOADING AREAS

a. Maintenance Requirements

Every parcel of land hereafter used as a public or

private off-street parking or loading area shall

be maintained in qood condition, free of hazards

and deterioration. All pavement areas, sidewalks,

curbs, drainage facilities, liqhting, bumpers,

guardrails, markings, signs, bicycle parking

devices, landscaping and other improvements shall

be maintained In workable, safe and good

condition.

RICHARD COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 27

b. Repairs by the County Authorized

The Land Use Administrator may authorize repairs

for such improvements if, after proper notice, the

owner fails to maintain such improvements and such

conditions constitute a hazard to health and

safety. The imposition of a lien shall be applied

to the subject property and shall be enforced and

collected by the County.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE(DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 28

4-12 LANDSCAPING AND BUFFERING

4-12-1 PURPOSE AND INTENT

The regulations established herein are intended to

maintain the vegetated environment of the county,

thereby preserving the County's rural qualities and

incorporating vegetation in the form of landscaping and

buffering within plans of development, thereby

promoting healthier and ecologically sound community

environs. This will occur because trees and shrubs are

proven produccrs of oxygen, a necessary element for

human survival; trees and shrubs appreciably reduce the

ever increasing environmentally dangerous carbon

dioxide content of the air thereby playing a vital role

in purifying the air we breathe; trees and shrubs

transpire considerable amounts of water each day and

thereby purify the air much like the air-washer devices

used on commercial air conditioning systems; trees and

shrubs have an Important role in neutralizing waste

water passing through the ground from the surface to

ground water tables and lower aquifers; trees and

shrubs through their root systems, stabilize the ground

water tables and play an Important and effective part

RICHMOND COUNTY LAID KAIAG9K9If ORDfIAIC8 (DRAFT) RICHMOND COUNTY, VIRGINIA
PRKPARID Of DAVID L. XL9PPIIG9R, 1ICP TOIN AND COU#?Rt PLANNING CO#SULTAI? PAGS NO. I

In soil conservation, erosion control, and flood

control; and trees and shrubs are an invaluable

physical, aesthetic, and psychological counterpart to

unnatural development features, making life more
comfortable by providing shade and cooling of the air

and land, reducing noise levels and glare, and breaking

the monotony of human developments on the land,

particularly parking areas.

4-12-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

Every plan of development shall include a landscape

plan. This plan shall include the:

a. Existing Vegetation

Location and identification by size and name, both

common and botanical, of all mature, heritage, or

significant trees In open areas on the site. In

wooded areas, the woodline before site

preparation, average size, and predominant species

of trees shall be shown, except that any heritage

or significant trees within a wooded area proposed

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTY PLANNING CONSULTANT PAGE NO.2

for clearing shall be individually located and

identified by size and name, both botanical and

common.

b. Buffering Details

Location, dimensions and area of all required

buffer areas including areas proposed to be

fenced, walled, or screened through the use of

architectural, earthform, or any other landscape

method, including notes and details to describe

fully the methods and materials proposed.

C. Landscaping Details

Location, size, type and name, both common and

botanical, of all landscaping materials, including

materials to be retained on site as well as new

materials proposed to be added.

d. vegetation Protection

Details and notes pertaining to the methods to be

utilized to protect trees and plant materials to

remain on site from damage, both during and after

development of the site.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAri) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KUPPINGER, 1ICP TOWN AND COUNTRY PLANNING CONSULTUT PAGE NO. 3

e Maintenance Notations

Appropriate notations regarding responsibility for

the perpetuation and maintenance of all landscape

plant materials or other landscape features to be

preserved or installed on the site.

f. waiver of Submittal Requirements

The plan-approving authority may waive all or a

part of the submittal requirements if an applicant

can be thoroughly and responsibly evaluated

despite the absence of waived submittal data.

4-12-3 GENERAL REQUIREMENTS

a. maximize value of Vegetated Material

Trees, shrubs, ground cover and other landscaping

shall be located so as to utilize effectively the

natural capacities of plant materials to intercept

and absorb airborne and runoff-related pollutants

and to reduce runoff volume, velocity and peak

flow increases caused by development.

b. Existing Trees to be Preserved

Existing viable and mature trees shall be

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 4

preserved and protected as a part of the overall

landscaping plan.

C. Landscape to Suit the Site

Landscape materials and designs shall be

appropriate for the specific characteristics of

the site and the purpose for installation.

d. Landscape to Buffer Discordant Impacts

Landscaping and buffer area shall be designed to

reduce, as much as possible, the discordant

impacts of development on adjacent natural areas,

the scenic rural character of the County, and on

adjacent landowners who might be adversely

impacted by the proposed development.

e. Preserve Existing Natural Buffers

in all cases, the preservation of natural buffers

is encouraged.

f . Design of Buffers

within the required buffer of distance, plant

material screens and structural elements required

as buffers shall be designed in a staggered or

undulating manner to create a more natural looking

RICHHOID COUNTY LAND HANAGMIT ORDINAICK (DRAFT) RICHXOND COUNTY, VIRGINIA
PARPARSO BY DAVID L. KLIPPINGBR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 5

buffer. Plant material screens need not occupy

the full buffer of distance, but shall be

continuous.

9- Buffers Adjacent to Vacant Sites

Where the adjacent property is vacant, it shall be

classified as the highest intensity use allowed by

right in that zoning district for purposes of

determining the appropriate buffer, except where

approved development plans or a use granted by a

special use permit indicate another buffer

classification would be more appropriate as

determined by the plan-approving authority.

h, Landscaping Areas Devoid of Trees

All land development areas devoid of major trees,

including the areas along the roads of the

development where natural woods are not present

and where due to construction the entire right-of-

way is cleared, the following provisions shall

apply:

RICHMOID COUNTY LAND HAIAG8MENT ORDINANC9 (DRAFT) RICHMOND COUNTY, VIRGINIA
PR9PAR8D BY DAVID L. KLIPPINGER, 1ICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE 80. 6

(1) Trees shall be planted along both sides of

all streets as approved by the plan approving

authority.

(2) Trees shall be planted at forty-five (45)

feet intervals or an equivalent number of

trees shall be planted in an Informal

arrangement.

(3) There shall be a minimum of three shade trees

per residential lot in the front yard or that

yard where shading of the structure will be

maximized if no solar collectors are

proposed.

I. Activities Permitted within Landscaped Buffer

Areas

Except as provided in Section 4 12-5b(2), the

following activities are permitted within

landscaped buffer areas.

(1) Roadway and/or driveway access between

adjoining properties provided that it is

approximately perpendicular to the common

property line.

RICHMOND COUNTY LAND MANAGSHENT ORDINANCK (DRAFT) RICHMOND COUNTY, VIRGINIA
PRSPARRD BY DAVID L. KL9PPING9R, AICP TOM AND COUNTRY PLANNING CONSULTANT PAGI NO. 7

(2) Water, sanitary sewer, electrical, telephone,

natural gas, cable or other service lines

provided they are approximately perpendicular

to the common property line. If utilities

must be installed approximately parallel to

the common property line, an equal amount of

buffer may be required to substitute for the

area of vegetation removal.

(3) Pedestrian and bicycle paths designed to

provide continuous connections between

adjoining properties.

(4) Lighting fixtures.

(5) storm drainage provided that It does not

impair the basic integrity of the required

buffer.

J. Buffering Objectionable Site Features

Objectionable features including dumpsters,

outside storage areas and large parking areas (10

vehicles or greater.) as well as loading areas

shall be visually buffered by landscaping and

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRIFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGIR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. I

structural elements as viewed from adjacent

properties and public rights-of-way.

4-12-4 LANDSCAPE PRESERVATION

The preservation of existing vegetation on a

development site has distinct advantages since this

vegetation is well established and tolerant of existing

conditions, and can be readily employed to fulfill the

intent and purpose of Section 4-12. Incorporating

natural features into plan of development proposals not

only Improves the quality of the project, but also

reduces construction problems and increases the value

of the development. soil erosion and sedimentation

control costs are reduced. The existing vegetation

holds soil In place and breaks the impact of falling

rain. Forest soils are porous and function like a

sponge soaking up stormwater. The value of homes is

increased when trees are retained and the resultant

appearance is one of an established community. The

following provisions are intended to facilitate the

preservation and beneficial use of existing vegetation

during development.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFTJ RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XL9PPI1G9R, AICP TOWN IND COUNTRY PLANNING CONSULTANT PAGE 00. 9

a. Construction Footprint

The construction footprint shall not exceed sixty

(60) percent of the site

b. Which Trees Shall Be Preserved

In determining which trees and shrubs shall be

preserved during the development process,

consideration shall be given to preserving those

which exhibit the following characteristics:

(1) are heritage or significant trees;

(2) complement the project design including the

enhancement of the architecture and

streetscape appearance;

(3) can tolerate environmental changes to be

caused by development (i.e. increased

sunlight, heat, wind and alteration of water

regime);

(4) have strong branching and rooting patterns;

(5) are disease and insect resistant;

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DEAF?) RICHMOND COUNTY, VIRGINIA
PREPARED Of DIYID L. KLIPPINGIR, AICP ?OWN IND COUNTRY PLANNING CONSULTANT PAGE NO. 10

(6) complement or do not conflict with stormwater

management and Best Management Practice

designs;

(7) are located in required buffer areas;

(8) exist in natural groupings including Islands

of trees;

(9) do not conflict with necessary utility,

structure, parking area, roadway, bike path,

or sidewalk placements; and

(10) have been recommended by the Virginia

Department of Forestry, Richmond County

Cooperative Extension Service or qualified

arborist or urban forester for preservation.

C. Protecting Trees During Construction

Trees,Adhich are to be preserved on site shall be

protected before, during and after the development

process utilizing accepted practices. At minimum,

Standard and Specification No. 1.85, Virginia

Erosion and sediment Control Handbook, Second

Edition 1980 shall be utilized.

RICHMOND COUNTY LAND MA1AG9X91? ORDIMANC9 (DRIFT) RICHMOND COUNTY, VIRGINIA
PREPIRID BY DIVID L. XLEPPINGIR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGI NO. 11

d. Protecting woodland groups

In woodland areas, groups of trees shall be

selected for preservation rather than single trees

wherever possible.

e. Tree Protection Details

(1) Trees and groups of trees which are to be

preserved shall be enclosed by a temporary

fence or barrier to be located and maintained

at the dripline during construction. such a

fence or barrier shall be installed prior to

clearing or construction, shall be sufficient

to prevent intrusion into the fenced area

during construction, and in no case shall

materials, vehicles or equipment be stored or

stockpiled within the enclosure.

(2) Within the fenced area, the topsoil layer

shall not be disturbed except in accordance

with accepted tree protection practices.

(3) If land development activities are proposed

to occur within the dripline of trees to be

retained, special care such as the

Installation of tree feeders and the use of

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO 12

porous paving materials must be employed to
minimize 'the extent of root disturbance,

compaction of soil, and amount of impervious

cover.

(4) A two (2) inch layer of mulch shall be

applied over the surface of exposed roots

during and after development.

f. Tree Clearing Limits Marked and Approved

(1) The Land.Use Administrator shall approve the

marked limits of clearing in the field prior

to the commencement of land disturbing

activities to ensure that the limits of

clearing as marked conform to the plans

approved as part of the plan of development

approval process.

(2) Trees to be saved shall be marked by red

ribbon.

(3) Trees to be removed shall be marked by blue

ribbon.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED Of DAVID L. KLIPP11GIR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 13

(4) In heavily wooded areas, the Land Use

Administrator may give permission to mark

large groups of trees to be removed or saved

with appropriately colored ribbon along. the

perimeter of the area.

9. Notification of Construction Personnel of Tree

Protection Measures

The developer shall be responsible for notifying

all construction personnel of the presence and

purpose of clearing limits and protective fences

or barriers and for ensuring that they are

observed.

h. Grade Change Mitigation measures

Where grade changes in excess of six inches (611)

from the existing natural grade level are

necessary, permanent protective structures such as

tree wells or walls shall be properly installed.

1. Restricted Activities Near Protected Trees

The cleaning of equipment, storage of materials or

dirt, disposal of waste material such as paint,

oil solvents or other harmful substances, or any

RICHMOND COUNTI LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLBPPINGKR, IICP TOWN IND COUNTRY PLANNING CONSULTANT PAGE NO. 14

other such acts which may be harmful to the
continued vitality of the tree(s) to be protected

shall be prohibited.

Repairing Trees Damaged During Construction

Any tree damaged during construction, or damage

occurring as a result of such construction, shall

be repaired according to accepted International

society of Arborculture practices. Tree damage

shall be repaired prior to the issuance of a

Certificate of Compliance.

k. Tree Clearing Procedures

It is recommended that trees to be removed be

removed at one time throughout a project site in

order to allow uncut trees to have more time to

recover from adjacent timbering operations prior

to construction. By separating the clearing phase

from the building phase by as great a time

Interval as possible, trees left will show

response to increased light and nutrients created

by the opening, and compaction and soil erosion

will be reduced.

RICHNOID COUNTY LAND HARAGSKSIT ORDINAICS (DRAFT) RICHMOND COUNTY, VIRGINIA
PRSPJR9D BY DAVID L. Kb9PPfIG9R, AfCP TOWN AID COUNTRY PLANNING CONSULTANT PAGE NO. is

1. Tree Clearing and Protection Plans

Developers of plan of developments within wooded

areas are encouraged to prepare Tree Clearing and

Protection Plans in the manner employed by the

Virginia Division of Forestry. A sample plan is

on file in the office of the Land Use

Administrator. Trees to be considered for removal

should include all Virginia pine near buildinqs,

trees within 15 feet of a maJor excavation, and

all trees that lean, are hollow, or would endanger

a structure or vehicle by falling.

M. Areas of Development Sites to Remain Undisturbed

Natural vegetation existing on slopes of 25

percent (25%) or greater, in wetlands, within 100

feet of a perennial watercourse or wetland, and

within 50 feet of an intermittent stream, shall be

left undisturbed as a buffer area during

development, provided however that:

(1) Access paths and view corridors or sight

lines may be cl eared along waterways, lakes

or wetlands. In general, trees larger than

--4-x-inches d.b.h. shall not be removed.

RICHMOND COUNTY LAND MAKIGIMENT ORDINANCE (DRAFT) RICHXOND COUNTY, VIRGINIA
IR111111 11 DAVID L. ILIPPING91, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 16

(2) Where natural vegetation is removed it shall

be replaced with other vegetation equally

effective in retarding erosion and preserving

natural appearance.

n. Clear Cutting Prohibitions and Restrictions

Commercial timber clearing cutting operations are

prohibited in areas zoned commercial, industrial

and residential. on site to be timbered, the

County encourages the retention of a fifty (50)

foot buffer of existing trees adjacent to all

public rights of way.

0. Heritage Trees Protected

No person shall cut down, remove, relocate,

damage, destroy, or in any manner abuse any tree

designated as a heritage tree by the Board of

Supervisors.

RICHMOND COUNTY LAND KA1AG9M91T ORD[SAICS (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPIN99R, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGS NO. 17

4-12-5 SITE LANDSCAPING STANDARDS

a. Landscape Areas adjacent to Buildings
A landscape area which is a minimum of 10-feet

wide shall be provided adjacent to buildings. up

to one half of this area may be transferred

elsewhere on the site. This area shall contain a

number of trees and shrubs equal to at least one

ornamental tree or five shrubs per 200 square feet

of planting area provided.

b. Landscape Areas along Rights-of-Way

(1) The landscape area along rights-of-way shall

be designed to maintain continuous natural

corridors along existing and proposed rights-

of-way. This landscaped area shall be a

minimum of thirty (30) feet in width from the

edge of the right-of-way to off-street

parking areas and 150 feet in width from the

edge of right of way to structures on reverse

frontage lots. Roads which shall possess a

150-foot greenbelt are:

RICHXOND COUNTY LAND MANAGENINT ORDINANCE (DRAFT) RICHKOND COUNTI, VIRGINIA
PREPARED 11 DAVID L. MPPINGER, AICP TOM AID COUNTRY PLANNING CONSMAN? FACE NO. is

(2) For lots possessing on site parking lots

fronting on the right of way and the thirty

(30) foot buffer area,

- may be selectively thinned If fully

wooded; and

shall be planted with shade trees 40-50

.feet apart along the right of way if

void of vegetation.

For lots with a reverse frontage, the 150

foot buffer area shall be protected by

landscape easement. The followinq landscape

treatments shall be provided in order to

screen reverse frontage uses from the right

of way:

preserve existing trees within the

provided landscape buffer area and

supplement the understory if necessary

with shade tolerant naturalistically

massed plantings of evergreens In order

to create a complete screen

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFTI RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XL9PPINGBR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 19

in areas void of existing vegetation,

the following standards shall apply:

0 Shade trees forty (40) feet to

fifty (50 feet apart shall be

planted along the roadway.

Vertically and horizontally

meandering berms shall be

incorporated to achieve a natural

rolling park-like landscape. Berms

shall be two (2) feet to eight (8)
lie' feet in height, averaging five (5)
feet. The width should vary

without adversely affecting natural

drainage. -

Berms shall be overlapping where

drainage swales are required to

pass through them. The final

design must be reflected upon the

drainage plan.

Bike/hike paths, if provided, shall

. ...... meander through, around, and over

RICHMOND COUNTY LAND MANAGEMENT ORDINANCI (DRAFT) RICHMOND COUNTY, VIRGINIA
PR8PARKD BY DAVID L. XLEPPINGER, AICP TOWN AID COUNTRY PLANNING CONSULTANT PACK NO. 20

the berms and plantings where

possible. Such paths shall not

exceed a maximum pitch of one (1)

inch in sixteen (16) inches

(vertical rise or change in grade

to horizontal run or distance).

The berm shall be continuously

planted with masses and groupings

of evergreen trees, shade and

ornamental trees, and shrubs. The

design shall maximize screening of

residences and de-emphasize the

linearity of the roadway.

(3) Activities which are permitted within this

landscaped area include:

Excepting reverse frontage lots, roadway

and/or driveway access to the portion of

the site not In the buffer area provided

that it minimizes the impact to the

quality and quantity of the buffer area.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 21

Water, sanitary sewer, electrical,

telephone, natural gas, cable or other

service lines provided they are

approximately perpendicular to - the

right-to-way. If utilities must be

installed approximately parallel to the

road right-of-way, an equal amount of

buffer may be required to substitute for

the area of vegetation removal.

Permission for easement and riqht-of-way

disturbance and clearinqs for such

services shall be consolidated with

vehicular access routes whenever

possible.

Pedestrian and bicycle paths desiqned to

provide continuous connection along the

road.

Lighting fixtures.

Signage in accordance with the sign

regulations in Section 4-9.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED Of DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 22

Clear sight dIstances at the permitted

entrances and exits to any development

as needed to provide for reasonable

traffic safety.

Storm drainage provided that it does not

impair the basic Integrity of the

required buffer.

C. Landscape Areas Within Parking Lots

Five percent (5%) of the interior of any parking,

loading or other vehicular use area shall be

landscaped. The location of such landscaping is

at the option of the developer; provided, however,

the following standards shall apply:

(1) Shade trees within parking areas shall be

provided at a minimum rate of two (2) trees

per ten (10) parking spaces., shrubs shall be

planted at a rate of two (2) shrubs per ten

parking spaces.

(2) No more than ten (10) parking spaces shall be

permitted in a continuous row without being

RICHMOND COUNTY LAND NA1169MENT ORDIRANCI (DRAFT) RICHMOND COUNTY, VIRGINIA
PRSPARSD Of DAVID L. MPPING11, AICP TOO AID COUNTRY PLANNING CONSULTANT PACs NO. 23

interrupted by a landscaped island of not

less than six feet (61) in width. Such

landscape island shall be planted with one

shade tree.

(3) Every fourth row of parking shall be

separated by a median strip of not iess than

ten feet (101) In depth for landscaping and

pedestrian purposes. Such median strips

shall be planted with at least one (1) tree

per median strip except that one (1) shade

tree for every fifty feet (501) or fraction

thereof shall be planted in median strips

that exceed fifty feet (501) In length. For

purposes of this standard, double-backed

parking areas shall be considered two rows.

(4) Each parking row shall terminate in a

landscape island of not less than ten feet in

width. such landscaped island shall be

planted with one shade tree.

(5) Parked vehicles may overhang a landscaped

median strip no more than two and one-half

feet (2-1/21), provided curbing or other

RICHMOID COUNTY LAND HANAGIME11 ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PR9PARID BY DAVID L. ILIPPINGER, AIC? TOWN AND COUNTRY PLANNING CONSULT11f PAGS NO. 24

wheel stops are installed to insure no

greater overhang or penetration of the median

strip.

(6) Landscaped Islands and median strips shall be

planted in grass or any year-round ground

cover and/or mulched.

(7) Landscaping, walls, fences and earthen berms

shall be so located as to prevent their

damage and/or destruction by overhanqing

vehicles.

d. Landscape Areas Peripheral to Parking Lots

In addition to the requirements of Section 4-12-

5c, peripheral landscaping shall be provided along

any side of an off-street surface parking area

sized for in excess of 9 vehicles and loading

areas. Such landscaping shall be provided as

follows:

(1) A landscaping area at least ten (10) feet In

depth shall be located between the abutting

property lines and the parking, loading or

RICHMOND COUNTI LIND MAIAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTI, VIRGINIA
PR9PAR9D Of DAVID L. KUPPINGER, AICF TOVN AID COUNTIT PLANNING CONSULTANT PACE NO. 25

other vehicular use area, except where

permitted driveway openings are to be

provided. Where drainage or other utility

easements exist along property lines,-- the

landscape area shall be located between the

parking, loading or other vehicular use area

and the utility or drainage easements.

(2) The landscaping area shall be planted in

accordance with the following standards:

one (1) shade tree shall be planted for each

fifty (50) linear feet of the landscaping

area;

An evergreen hedge or other durable landscape

material of at least three feet (3) in

height shall be planted within the landscape

area so as to provide a continuous landscape

element; or

A combination of trees, hedge, other durable

landscape material or approved wall, fence or

earthen berm may be utilized to form the

continuous landscape element;

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 26

All portions of the landscaping area not

planted with shrubs and trees or covered by a

wall or fence barrier shall be planted in

grass and/or ground cover;

Parked vehicles may overhang a landscaped

area no more than two and one-half (2-1/2)

feet, provided curbing or other wheel stops

are installed to Insure no greater overhang

or penetration of the landscaped islands.

Landscaping, walls, fences and earthen berms

shall be so located as to prevent their

damage and/or destruction by overhanging

vehicles.

e. Exemption from section c and d Above

The provisions of subsection c and d above shall

not be applicable in the following situations:

(1) Where any off-street surface parking, loading

or other vehicular use area will be entirely

screened visually from any point of view by

an Intervening building or structure from

abutting property; or

RICHROID COUNTY LAND HINAGSHEIT ORDINANCE (DRIFT) RICHMOND COUNTY, VIRGINIA
PRSPARKD BY DAVID L. ALIPPINGER, AIC? TOM AND COUNTRY PLANNING CONSULTINT PAGS NO. 27

(2) Where parking areas contain less than ten

(10) parking spaces.

f. All other Landscape Areas

All landscaped areas other than the landscape

areas identified in 4-12-5a to 4-12-5d shall

contain a number of trees equal to or at least one

tree and two shrubs per 300 square feet of total

landscape area provided. Each mature existing

tree to be saved may be counted toward meetinq the

required minimum number of trees, with one viable

mature tree substituting for two planted trees.

This section applies to all other areas of a

development site including median and cul-de-sac

islands.

4-12-6 BUFFER AREAS

a. Function

The function of buffer areas is to provide visual

and noise barriers between adjacent land uses, or

between a land use and a public road which block

out both visual nuisances, such as glare from

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRIFT) RICHMOND COUNTY, VIRGINIA
1111ARII 11 DIIII L. KL9PPI1G9R, AICP ?OWN AND COUNTRY PLANNING CONSUVAR? PAGE No. 28

lights, and shield the source of noise from view,

thereby reducing its perceived impacts.

Additionally, buffers may serve as a protective or

safety barrier, by blocking physical passage.

Heavily planted buffers may restrict the movement

of dirt or dust and assimilate air-carried

contaminants. The provision of buffer areas

enables land uses of varying intensities to be

approximate to each other, thereby accommodating

the needs and values of both the. developer and

adjacent landowners.

b. Buffer Design

The design of buffer areas shall utilize

distance, veqetative material, and structural

elements such as fences, privacy walls, berms or

other approved elements. one or more of these

features shall be required depending on adjacent

existing or proposed uses. Exhibit depicts

these buffer requirements.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 29

AdJaceat Use
2 3 5
Proposed Use tsee uses
below

151f 20'1
It Zoning zoning Plant Material Plant Material Zoning
Setbacks Setbacks and structural and structural Setbacks
Plant material elements elements landscaping

3014 15'4 3014 30,
Plant Material Landscaping Plant Material Plant Material Landscaping
2 and structural
elements

504 151f 15'+ 151+ 301f
Plant Material Plait Material Landscaping Plant material Plant Material
3 and structural
elements

1011f 151+ 151f 151+ 301+
Plant Material Plant Material Plant Material Landscaping Plant Material
4 and structural and structural
elements elements

Use Legend

1. Low Intensity residential

2. Moderate Intensity residential, low intensity Institutional, low intensity commercial, low intensity
recreational.

3. Intense Intensity residential, moderate intensity Institutional, moderate Intensity commercial,
low/moderate intensity Industrial, moderate intensity recreational.

4. High intensity residential, high intensity institutional, high intensity commercial, high intensity
recreational, high intensity industrial.

III roads.

RICHMOND COUNTY LAND MANAGSMEIT ORDINAICS (DRAFT) RICHMOND COUNTRY, VIRGINIA
PRIPARII 11 DIIID L. ILIPPINGZR, AICP ?OWN AND COUNTRY PLANNING CONSULTIM? PIGS 10.

Buffer Legend

Zoning setbacks - as required by Article 3.

Landscaping - (Section 4-12-5d)

Plant Material Buffers - Plant materials used for buffers shall be natural or landscaped, in either case
creating a visual screen at least six (6) feet in height. ?be plant screen shall be Installed at the time of
inspection for Certificate of Compliance and shall be of sufficient size and quantity such that the minimum
height and the visual screening between plants can be achieved within oie (1) year of installation.

Structural Elements - Structural elements such as fences, walls, earthen berm or other elements, as approved,
shall be at least six (1) feet in height although such height can be altered to preserve significant land forms
or other significant resources. An adequate distance shall be maintained between the structure and the
exterior property line for plant material and access for Its maintenance. Structural elements shall be
installed at the time of Inspection for Certificate of Compliance.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCS (DRAFT) RICHMOND COUNTRY, VIRGINIA
PREPARED BY DAVID L. ILIPPINGBR, AICP TOVN AID COUNTRY PL ANIIIG CONSULTANT PAGE NO.

4-12-7 STANDARDS RELATING TO PLANT MATERIALS SELECTED F'OR

INSTALLATION

a. Plant Selection

The lists of plants shown in Exhibit _ provides

a menu of representative plant materials that

could initially be considered when selecting

plants for landscaping and buffering. This list

is not intended to restrict landscapinq choices

but only to help developers make effective

landscaping choices. The list consists

predominately of indigenous plant species thereby

enabling newly in5talled plants to blend In with

the natural vegetated conditions. information is

provided relative to the foliage type, preferred

habitat, soil and light conditions, rate of

growth, ultimate size and primary uses which

should be of assistance in selecting the most

appropriate plant for a particular circumstance.

RICHMOND COUNTY LAND MANIGEMW ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
11111111 11 DAVID L. XLEPPIKER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAG8 NO. 30

EXHIBIT

VEGETATION SUITABLE FOR SCREENING

Mature
Common Name Species Height (ft.) Spread

LARGE DECIDUOUS TREES FOR SHADING

Ginko Ginko biloba (male only) 80 40
Honeylocustt Gleditsia triacanthos inermus 'Shademasterl 50 30
Laurel Oak Quercus laurifolia 60 40
Littleleaf Linden Tilia cordata 50 35
London Plane-Tree Platanus acerifolia 80 50
Red Maple* Acer rubrum 'October Glory' 60 40
Red Oak Quercus rubra 70 55
Scarlet Oak Quercus coccinea 70 55
Sweet Gum Liquidambar styraciflua 80 40
Sycamore* Platanus occidentalis 80 50
Willow Oak Ouercus phellos 50 40
Zelkova Zelkova serrata 'Green Vase' 80 55

LARGE EVERGREEN TREES FOR SCREENING

Carolina Hemlock Tsuga caroliniana 75 40
Eastern Red-cedar Juniperus viginiana 45 20
Southern Magnolia Magnolia grandiflora 50 30

SMALL TREES FOR PARTIAL SCREENING

American Holly Ilex opaca (evergreen) 40 20
American Hornbeam Carpinus caroliniana 30 20
Bradford Pear Pyrus calleryana 'Bradford' 40 20
Carolina Cherry-
Laurel Prunus carolintana
Crape Myrtle Lagerstroemia Indicia 20 15
Eastern Redbud Cercis canadensis 35 25
Flowering Dogwood Cornus florida 30 25
Golden-Rain Tree Koelreuteria paniculata 25 30
River Birch Betula nigra 50 30
Russian olive Elaeagnus angustifolia 20 20
Sourwood Oxydendrum arboreum 35

RICHHOID COUNTY LAND MAIAGSHRIT ORDINANC9 (DRAFT) RICHKOND COUNTY, VIRGINIA
PIBPARKD BY DAVID L. KLEPPINGER, IICP TOWN AND COUNTRY PLANNING CONSULTANT

Mature
Common Name Species Height (ft.) S "rea

LARGE SHRUBS FOR EVERGREEN SCREENING

Fraser Photinia Photinia fraseri
Fortune's Osmanthus Osmanthus fortunel 10
Glossy Privet* Ligustrum lucidum
Japanese Privet* Ligustrum Japonicum
Japanese Photinia Photinia glabra
Nellie R. Stevens
Holly Ilex 'Nellie R. Stevens' 10 8
Thorny Elaeaqnust Elaeagnus pungens
Yaupon Holly Ilex vomitoria

SMALL SHRUBS FOR EVERGREEN SCREENING

Chinese Holly ilex cornuta 'Burfordiii
Laurustinus Viburnum tinus
mentor Barberry Berberis mentorensis
Heserve Holly Ilex meserveae
Parney Cotoneaster Cotoneaster lacteus
Pfitzer Junipert juniperus chinensis lpfitzeTanal
Wintergreen Barberry Berberis julianae 6

Rapid Growth Rate

RICHMOND COUNTY LAND MARAGSK91f ORDINANC9 (DRAFT) RICHMOND COUNTY, VIRGINIA
PRIPARID Of DAVID L. KL9PPf#GfR, 1ICP TOVN AID COUNTRY PLANNIAG CONSULTANT

b. size Standards

All landscaping required within Section 4-12 shall

conform with the following minimum size standards

as shown in Exhibit

EXHIBIT
MINIMUM PLANT SIZE A+ PLANTING

Minimum Minimum
Plant Material Type
_Size arancli spread

Trees:

Deciduous
Shade 101 height and 1-1/211 caliper* 41

Flowering/
ornamental
*single-stem 81 height and 1-1/41' caliper 41
*multi-stem 81 height 41

Evergreen 4' height and 1-1/411 caliper N/A

Shrubs:

peciduog5- 2411 height or spread N/A

Evergreen 1811 height or spread N/A

At least fifty percent (50%) of the deciduous shade trees
required for installation in parking lots shall have a minimum
caliper of two and one-half inches (2-1/211).

RICHROND COUNTI LAID MANAGSHRIT ORDINANC9 (DRAFT) RiCHH@AD COYNrr, VIRGIN-1-A
PREPAISD Of DAVID L. 1b9PPfffGf1, AfCF TOO AID COUNT21 PLANCIG CONSULTANT PAG9 NO. 31

C. Source Standards

All plant materials installed on a site shall have

been grown in conformance with and use the

American Standard for Nursery Stock, provided

however that the Land Use Administrator may

approve the transplanting of trees or shrubs for

the purpose of achieving a larger size specimen at

initial installation when such transplanting is

done in accordance with accepted horticultural and

silvicultural practices.

4-12-8 STANDARDS FOR STRUCTURAL ELEMENTS - FENCES, WALLS AND

BERMS

a. Fence and Wall Details

All permitted fences and walls shall be situated

on a lot in such a manner that the finished side

of the fence shall face adjacent properties. No

fence shall be erected of barbed wire, topped with

metal spikes, or constructed of any material or in

any manner which may be dangerous to persons or

animals, except that these provisions herein shall

not apply to farms when fences are used for

RICHMOND COUNTY LAND MINAGININt ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPAIRD BY DAVID L. KLIPPINGER, AICP TOWN AID COUNTRY PLANNIIG CONSULTANT PAGS NO. 32

customary farming purposes and except further that

fences permitted for industrial uses may be topped

by a barbed wire protective barrier. All barbed

wire-topped fences shall be faced into the

property.

(1) Except as stipulated above, a fence or wall

shall not be more than four (4) feet in

height along the front lot line and within

the front yard setback and six (6) feet in

height along a side lot line and rear lot

line.

(2) Fences should compliment the structural

style, type and design of the principal

building. Fences of natural materials such

as wood planks, rails or pickets are

preferred given their consistency with rural

environments.

(3) Fences which are determinged to be inferior

in quality and therefore not maintenance free

(except for painting or refinishing) by the

Land Use Administrator are prohibited.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO 33

(4) Solid fences are more appropriately used

adjacent to or attached to buildings as

architectural extensions or as structural

buffer elements. Careful consideration

should be given to coordination with the

lines, materials and color of the principal

structure.

(5) Plantings shall be considered as part of any

fencing plan.

(6) Metal fences, when used to enclose electrical

supply stations having enerqized electrical

conductors or equipment or other similar

facilities, shall be a minimum of seven (7)

feet in height and shall be effectively

grounded.

(7) A dog run or privacy area may have fencing a

maximum of six (6) feet in height, provided

that such area is located in rear yard areas

only and is set back from any lot line at

least fifteen (15) feet.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAF?) RICHMOND COUNTY, VIOGIRIA
PREPARED BY DAVID L. ILIPPINGER, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE NO. 34

(8) A tennis court area, located in rear yard

areas only, may be surrounded by a fence a

maximum of twelve (12) feet in height, said

fence to be set back from any lot line At

least fifteen (15) feet.

(9) An in-ground swimming pool shall be

surrounded by a suitably secure fence with a

self-latching gate at least five (5) feet but

not more than six (6) feet in heiqht.

b. Berms and Earthform Details

All berms and earthforms required or otherwise

proposed for use shall conform with the foliowinq

standards:

(1) The maximum side slope shall be three

horizontal to one vertical (3:1) and the

design shall be reviewed to ensure that

proper erosion prevention and control

practices have been utilized.

(2) Berms and earthforms shall be designed with

physical variations in height and alignment

throughout their length.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFf) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLBPPIIGSR, 1ICP TOM AND COUNTRY PLANNING CONSULTANT PAGE 80. 35

(3) Landscape plant material installed on berms

and earthforms shall be arranged in an

irregular pattern to accentuate the physical

variation and achieve a natural appearance.

(4) The landscape plan shall show sufficient

detail, including a plan and profile of the

berm or earthform, soil types and

construction techniques to demonstrate

compliance with the above provisions.

(5) Berms and earthforms shall be located and

designed to minimize the disturbance to

existing trees located on the site or

adjacent thereto.

(6) No part of any berm or earthform which is

elevated more than eighteen inches U811)

above natural grade shall be located within

ten feet (101) of any right-of-way or

property line.

RICHMOND COUNTY LAID MINAGENKI? ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPAR90 Of DAVID L. XLSPPING99, AICP fOWN AID COUNTRY PLANNING CONSULTANT PAGE NO. 36

4-12-9 MAINTENANCE OF LANDSCAPING AND BUFFERING

The property owner, or his successors, shall be

responsible for the perpetuation and maintenance of all

landscaping, fencing, and buffering materials required

by this ordinance as shown on an approved landscape

plan. Failure to maintain such landscaping, fencing

and buffering shall be deemed a violation of this

Ordinance.

a. Vegetation Maintenance

All plant material required by this ordinance or

as shown on the plan shall be tended and

maintained in a healthy growing condition,

replaced when necessary, and kept free of refuse,

litter, and debris.

b. Buffer Maintenance

All fences, walls, and buffering required by this

ordinance or shown on the plan shall be maintained

In good repair and kept free of refuse, litter,

and debris. Earthen berms shall be maintained to

prevent soil erosion and berm collapse.

RICAMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED 81 DAVID L. KLSPPING91, AICP TOWN AID COUNM PLANNING CONSULTANT PAGE 10. 37

C. Replacement Vegetation to Conform to Approved Plan

All landscaping material shown on the plan which

may 5ubsequently be replaced on the site shall

conform with the original approved landscape plan

with respect to size and characteristics of the

plantings. In meeting the terms of this section,

the replacement of mature trees on site shall

require the Installation of trees of a similar

species.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 38

4-13 PERFORMANCE STANDARDS

4-13-1 PURPOSE AND INTENT

It is the purpose and intent of these regulations to

minimize the adverse effects associated with emissions

which occur as a result of various land use activities,

particularly industrial use.

4-13-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

Upon request by the plan-approving authority, given the

nature of extractive, heavy commercial and industrial

activities, the applicant shall submit a certified

engineer's report describing the proposed operation,

all machines, processes, products and by-products;

stating the nature and expected levels or emission or

discharge to land, air and water of liquid, solid or

gaseous effluent and electrical Impulses and noise

under normal operations; and the specifications of

treatment methods and mechanisms to be used to control

RICHMOND COUNTY LAND HANAGSH191 ORDINANCI (DRAFT) RICHROND COUNTY, VIRGINIA
PR9PAR9D BY DAVID L. KLRPPI#GSR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAG9 80. 1

such emission or discharge. The plan-approving

authority shall review the applicant's submission for

compliance.

4-13-3 GENERAL REQUIREMENTS

a. Noise

(1) Standard

The number of decibels shall not exceed the

maximum permitted for octave band, as set

forth in Exhibit as measured on the lot

line of the existing or propoged emittinq

use:

RICHMOND COUNTY LAND KAIAGEK91T ORDINANCS (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARID 21 DAVID L. KLIPPING9R, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAG9 10. 2

EXHIBIT
PERMISSIBLE SOUND LEVELS AT PROPERTY LINES

Maximum Decibel
AdJacent to a
Octave Band Residential
(cycles per second) Maximum DecibelS Use

20- 75 72 66
75- 150 70 64
150 - 300 65 59
300 - 600 59 53
600 - 1,200 55 49
1,200- 2,400 47 41
2,400- 4,800 41 35
above 4,800 39 33

Agricultural uses are exempt from this provision.

(2) Measuring Methodology

For the purpose of measuring the intensity or

frequency of sound, a sound level meter,

octave band analyzer, and an impact noise

analyzer shall be employed. The "C" network

and the "slow" meter response of the sound

level meter shall be used. Sounds of short

duration, which cannot be measured accurately

with the sound level meter, shall be measured

with an impact noise analyzer to determine

the peak value of the impact. For sounds so

measured, the sound pressure levels set forth

above in subsection 1 may be increased by six

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 3

decibels. sounds produced by the operation

of motor vehicles or other transportation

facilities shall not be included in

determining the maximum permitted decibel

levels unless associated with a mining

activity.

b. Vibration

(1) Standard

The maximum steady-state vibration

displacement in inches per second shall be as

follows:

0.02 when measured at the property line

of an adjoining-residence.

0.05 when measured at a lot line

adjacent to the vibrating activity.

Impact vibrations may be at twice the maximum

for steady-state vibration.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DIVID L. KLIPPING9R, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 4

(2) Measuring Methodology

Steady state vibrations (discrete pulses that

occur more frequently than 60 times per

minute), impact vibrations (earth-borne

oscillations occurring in discrete pulses at

or less than 60 pulses per minute), and

vibration frequency (number of oscillations

per second) shall be measured with a three-

component measuring system. The displacement

sh'all be the maximum instantaneous vector sum

of the amplitude in the three directions.

C. Air Pollution

The rules and regulations of the State Air

Pollution Control Board shall apply to the

emission of air contaminants from any source

associated with any land use activity.

d. Steam

No visible emissions of steam, having an

equivalent capacity greater than sixty percent

(60%) and excepting direct results of combustion,

RICHMOND COUNTY LAND MARAG9MINT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPAR8D BY DAVID 6. KLIPPING81, AICP TOWN AID COUNTRY PLANNING CONSULTANT PAGE 10. 5

shall be permitted within five hundred (500) feet

of a residence.

e. Heat

Any activity producing Intense heat or glare,

shall be carried out in such a manner as not to be

perceptible at or beyond any lot line.

f. Glare

Required lighting, or lighting permitted by this

ordinance shall not produce glare in excess of 0.5

candles next to any residential dwelling.

9. Radioactivity

Radioactive emissions shall comply with the

regulations of the U.S. Atomic Energy Commission

set out in Chapter 1 of Title 10 of the Code of

Federal Regulations which apply to byproduct

material, source material and special nuclear

material, as those terms are defined in section

11e., z., and aa. of the Atomic Energy Act of

1954, as amended 42 U.S.C. 2014(e), (z), and (aa),

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPIIGSR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 6

and the Radiation Health and Safety Act of 1968

(PL 90-602), as amended, or the implementing

regulations of the Virginia Department of Health.

h. Solid Waste and Liquid Pollution

The discharge or other release of liquid or solid

waste into public or private sewerage disposal and

treatment systems, storm drains, or public waters

shall comply with all applicable laws, rules, and

regulations governing such discharge or release,

including but not limited to the Federal Water

Pollution Control Act and the Virginia water

Control Law.

1. Toxic Matter

The emission of chemicals, gases, components, or

elements listed as being toxic matter by the

Environmental Protection Agency or any state

regulatory boards, including the State Water

Control Board and State Air Pollution Control

Board, shall only be permitted if the emissions

comply with regulatory standards. An entity

emitting toxic matter shall advise local emergency

RICHMOND COUNTY LAND MANAG9M911 ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DIVID L. XLEPPINGER, AICP TOY# AND COUNTRY PLANNING CONSULTANT PAGE NO. I

service (fire and rescue) facilities of such so

that emergency service personnel will be able to

respond knowledgeably and effectively in the event

emergency services must be administered

odor

No odor shall be emitted that is detectable by the

human sense at or beyond an adjacent lot line so

as to be detrimental or injurious to the life,

health, safety, comfort, or welfare of adjacent

occupants or residents. There is hereby

established as a guide in determining such

quantities of offensive odors, Table III (odor

Thresholds) in Chapter 5 of the Air pollution

Abatement Manual published by the Manufacturing

Chemists Association, Inc.- Odors associated with

permitted agricultural operations are exempt from

this requirement.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 8

4-14 EASEMENTS

4-14-1 PURPOSE AND INTENT

It is the intent and purpose of these regulations to

facilitate the limited use of private property for the

public good for purposes such as conservation of

resources, and the location of private driveways and

utility systems-.

4-14-2 PLAN OF DEVELOPMENT SUBMISSION REQUIREMENTS

Plans of development shall indicate the location and

purpose of all existing and proposed easements.

Easements which are a part of any development approval

shall be recorded in the Courthouse before a

certificate of Certification is Issued by the Land Use

Administrator.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. I

4-14-3 GENERAL REQUIREMENTS

a. Location and Use

(1) Utility and driveway easements shall be

avoided to the greatest extent possible in

areas designated as Resource Protection Areas

(RPAs) or other areas possessing significant

and sensitive natural and cultural resources.

(2) Utility easements in private rights-of-way or

in common-use recreation areas may be

permitted by the plan-approving authority
provided design considerations of the

proposeal warrant such easements. Necessary

franchise and utility construction permits

shall be obtained from the Virginia

Department of Transportation for utilities

constructed in easements within public

rights-of-way.

(3) All utilities, poles or underground conduits

for electric power lines or telephone lines

shall be placed in alleys if such are

provided or In easements appropriately

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 2

located, generally along the rear or side lot

lines whenever this is possible.

(4) Easements for natural drainageways and other

drainage facilities, retention basins and

other permanent erosion and sediment

facilities shall be provided in accordance

with the requirements of this Ordinance.

(5) No building or structure shall.be constructed

within any easement without the authorization

of the plan-approving authority, other

appropriate agencies and the holder of the

easement.

(6) Where a proposed development is traversed by

any stream, watercourse, or drainageway, the

developer shall make adequate provision for

the proper drainage of surface water,

including the provision of drainage easements

along such streams, watercourses, and

drainageways.

RICEMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED 01 DAVID L. KLRPPING91, AICP TOVM AND COUNTRY PLANNING CONSULTANT PA69 NO. 3

(7) Easements to protect areas for conservation

purposes (conservation easements) are

encouraged to be used for the:

Preservation of land areas for outdoor

recreation by, or the education of, the

general public.

Protection of relatively natural

habitats of fish, wildlife, or plants,

or similar ecosystems.

Preservation of open space, includinq

farmland and forest land, for scenic

enjoyment or pursuant to the

Comprehensive Plan provided such open

space preservation yields a significant

public benefit.

Preservation of historically important

land areas or buildings.

RICHMOND COUNTY LIND KINIGINgHt ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. ILIPPING11, AICP TOY# AND COUNTRY PLANNING CONSULTANT PICE NO. 4

b Sufficient Width

Easements shall be of sufficient width to permit

the use for which provided and shall include the

right of ingress and egress over the easement area

for installation and maintenance. The agent may

require that easements for drainaqe or road access

through adjoining property be provided by the

developer. Easements for water, sewer, power

lines, telephone and other utilities shall not be

less than ten (10) feet in width.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 5

4-15 STORAGE AND WASTE DISPOSAL

4-15-1 PURPOSE AND INTENT

It is the intent of Richmond County that stored goods

and the solid waste generated by the citizens and

businesses of the County be responsibly stored,

dispensed, and disposed.

4-15-2 PLAN OF DEVELOPMENT SUBMISSION REQUIREMENTS

All plans of development shall demonstrate compliance

with the requirements of this Section.

4-15-3 GENERAL REQUIREMENTS

a. Recycling

Applicants of plans of development shall evaluate

alternative recycling plans and propose one for

their development which increases the likelihood

of source separation and waste disposal reduction.

RICHMOND COUNT I LAND MANAGEMENT RICHMOND COUNTY, VIRGINIA
PREPARED Of DAVID L. ILIPPINGER, AIC? fOWN UD COU1fR1 PLANNING CONSULTANT PAGE NO. I

For example, developers could consideL Innovative

designs both inside and out to make recycling more

convenient and accessible to businesses and

residents. Every plan of development proposal can

provide that space be allocated inside or outside

buildings for recycling separation bins.

b. Storage and Waste Disposal

(1) Any operation, use or any activity involving

the manufacture, utilization, or storage of

flammable, combustible and/or explosive

materials shall be conducted in accordance

with state and federal regulations.

(2) All outdoor storaqe facilities for fuel, raw

materials and products stored outdoors, shall

be enclosed by an approved safety fence and

suitable landscaping to screen such areas

from public view.

(3) No materials, wastes or other substance shall

be stored or maintained upon a lot in such a

manner that natural runoff from such areas

can impair the existing water quality of a

RICHMOND COUNTY LAND NAUGHM91T RICHMOND COUBTY, VIRGINIA
PRIPARSD BY DAVID L. ALIPPIRGER, 1ICP TOWN AID COUNTRY PLANNING CONSULUST PAGE NO. 2

stream, watercourse or aquifer more so than

the primary use intended for the lot without

such storage.

(4) All materials or wastes which might cause

fumes or dust or which constitute a fire

hazard or which may be edible or otherwise

attractive to rodents or insects shall be

stored outdoors only if enclosed in

containers which are adequate to eliminate

such hazards.

C. Refuse Collection

Dumpsters, or an alternate method of coilection

approved by the plan-approving authority, shall be

required for mobile home parks and for multi-

family, commercial and industrial developments.

The following standards shall apply:

(1) Dumpsters or other approved collection

receptacles shall be located on the site so

that service vehicles will have convenient

and unobstructed access to them. The

RICIMOID COUNTY LIED MANAGEMENT RICHMOND COUNTY, VIRGINIA
PRSPAIRD BY DIVID L. KLIPPING91, AIC? TOWN AID COUNTRY PLANNING CONSULTANT PAGE NO. 3

location shall be such that encroachment by

service vehicles upon pedestrian ways,

parking spaces or vehicular circulation

drives will be minimized.

(2) Dumpsters or other approved collection

receptacles shall be screened from view on

all sides by fencing, gates, shrubbery or

building walls except where the plan-

approving authority determines that such

screening is not necessary because other

screening such as buildings, fences or

landscaping is in place.

(3) Dumpsters shall be positioned upon dumpster

pads constructed in accordance with all

applicable Health Department standards for

construction and drainage.

RICHMOND COUNTY LAND MANAGEMENT RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 4

4-16 EMERGENCY SERVICES

4-16-1 PURPOSE AND INTENT

The purpose and intent of this Section is to ensure the

adequacy of fire protection and emergency services to

all citizens of the County.

4-16-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

Plans of development shall demonstrate compliance

within the requirements of section 4-16-3.

4-16-3 GENERAL REQUIREMENTS

a. Fire Protection

(1) Access

All buildings on a site shall be readily

accessible to emergency vehicles and

apparatus.

RICMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 1

(2) Fire Lane/Fire Apparatus Space

At a minimum, a building shall have twenty-

five percent (25%) of its perimeter fronting

on a public or private street or on a fire

apparatus space unobstructed for at least

thirty (30) feet in width. Depending on a

building's design configuration and use, as

well as the location of its entrances, fire

apparatus space or a fire hydrant, this

requirement may be modified by the plan-

approving authority. A fire apparatus space

shall be accessible from the street by a

posted fire lane at least twelve (12) feet in

width. Fire lanes and fire apparatus spaces

shall be posted by appropriate signage and

pavement markings. These areas shall not be

obstructed so as to Impede fire apparatus

access. Fire lanes need not be separate

accessways but may be incorporated as part of

an individual site's access driveway system

or off street parking aisles, so long as they

are properly posted.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 2

(3) Fire Hydrants

Fire hydrants shall be located along all

street rights-of-way in areas served by

central water systems. Not withstanding

these requirements, hydrants and other fire

suppression systems shall comply with all

state standards. In areas not served by

public water, the County may require the

installation of a deep well with a hydrant

system, a screened standpipe in a perennial

stream, sprinkler systems or other fire

suppression system necessary to ensure an

adequate level of emergency services.

(4) Plan of Development Disapproval Given

inadequate Fire Protection Capability

No major plan of development shall be

approved without receipt of comments from the

fire department serving the site regarding

its ability to serve the site if this input

is deemed necessary by the plan-approving

authority. A plan of development may be

disapproved based solely on the finding that

the fire department is unable to adequately

serve the site.

RICHMOND COUNTY LIND RAJIGEMENT ORDINANCE (DRAFT) IleflMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPING91, AICP TOWN 110 COUNTJY PLANNING CONSMANT PAGE NO. 3

4-17 WATERFRONT FACILITY DESIGN

4-17-1 PURPOSE AND INTENT

It is the intent of Richmond County that public access

to waterways be adequately provided and properly

designed, particularly as it relates to boating

facilities, and in such a way that the environmental

quality of shorelines is not compromised.

4-17-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

a. For shoreline develupment which include docks,

piers, marinas, boat ramps and other water-related

development a joint Virginia Marine Resources

Commission (VMRC) permit application for fillincf,

dredging, or construction in wetlands or waterwaYs

shall be submitted by the developer with the plan

of development. The joint application will be

forwarded to VMRC which will coordinate permit

review with the County Wetlands board, the U.S.

Army Corps of Engineers and other local state and

federal agencies as required.

RICHMOND COUNTY LAND MINAGEBENT ORDINANCE JDRAFT) RICHMOND COUNTY, VI-R-61-H-1A
PREPARED BY DAVID L. KLEPPINGER, AICP ?OWN AND COUNTRY PLANNING CONSULTANT PACE 10. 275

b. The preliminary plat or site plan shall show the

location of all proposed docks, piers, marinas,

boat ramps, community water access and other

water-related structures and facilities, toqether

with water depths by contours or otherwise,

current flow directions, tidal action, and the

location and extent of beaches, wet)ands, swamps,

subaquatic vegetation and shellfish beds.

Reference may be made to Richmond County Resource

Information system maps.

C. Design of waterfront facilities or construction in

wetlands and other subaqueous areas shall comply

with this Ordinance and the S-qb_@._aq eo.u.s__G_uJ.d ell -n.e-*-

and Criteria for Siting oL tia-rinas or Community

Facilities for 13 at Moori of the Virqinia Marine

Resources Commission, Virginia institute of Marine

Scient Wetlands Guidelines and other applicable

state and federal quidplines, criteria and

regulations.

d. Marinas

The County shall require and utilize the following

information in its review of marina proposals:

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE RAFI) RICHMOND COUNTY, VIRGINIA
PREPARED If DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 276

(1) Existing natural shoreline and backshore

features and uses;

(2) Geo-hydraulic processes and flushing

characteristics;

(3) Biological resources and habitats for the

backshore, foreshore and aquatic

environments;

(4) Area of surface waters appropriated;

(5) Site orientation; exposure to wind, waves,

flooding or tidal/storm surges; type and

extent of shore defense works or shoreline

stabilization and flood protection necessary;

(6) Impact upon existing shoreline and water uses

including public access and recreation;

(7) The regional need for additional facilities;

and

(8) The location and design of the facilities,

including information pertaining to the

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 277

prevention and control of fuel spillaqe,

collection, treatment and/or disposal of

sewage and solid waste, shoreline

modifications, covered and open moorage

location, size and general design, and impact

on shoreline views in the marina and from

adjacent private and public properties.

e. Piers and Docks

Proposals for piers or docks shall include at a

minimum the following information:

(1) Description oi the proposed structure,

including its size, location, desiqn and any

shoreline stabilization or other modification

required by the project;

(2) Ownership of tidelands, shorelands or

bedlands;

(3) Proposed location of piers or docks relative

to property lines and mean high water; and

(4) Location and length of piers or docks on

adjacent properties.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 278

Boathouses

Proposals for or includinq boathouses shall

include the location, size and design of the

facility in addition to an assessment of its

Impact on shoreline views from the waterbody and

adjacent properties.

4-17-3 PUBLIC ACCESS

a. No development which is not water dependent shall

block or interfere with the normal public use of

or public access to publicly-owned shorelines and

water bodies.

b. All developments shall be designed to protect and

enhance views and visual access and public access

to the water and shorelines.

C. All developments, whether recreational,

residential or commercial, located along public

shorelines or unique shoreline areas may be

required to provide view corridors, public

accessways, trails easements or other amenities

upon a determination by the County that the action

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHNOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 27Y

would enhance public enjoyment of the shoreline

and not unduly conflict with the proposed use,

adjacent uses or public safety nor adversely

impact the shoreline environment.

d. Any required public access easement shall be of a

size and desiqn appropriate to the site, size and

general nature of the proposed development. Such

easements shall be recorded on a property deed or

face of a plat as a condition runninq in

perpetuity with the land.

e. Signs which indicate the public's riqht of access

shall be installed and maintained in conspicuous

locations at required public access sites. Public

use may be limited to daylight hours.

f. AS far as possible, public access sites shall have

direct and easy access from the street.

9. Public access may be considered infeasible and not

be required where:

(1) Unavoidable hazards to the public in gaininq

access exist;

RICHMOND COUNTY LAND MANAGEMEN? ORDINANCE (DRAF?) RICHMOND COUNTY, VIRGINIA
PREPARED 81 DAVID L. KLEPPINGER, JICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 280

(2) Inherent security requirements cannot be

satisfied;

(3) unavoidable interference with the use would

occur;

(4) The cost of providing the access is

unreasonably disproportionate to the total

cost of the proposed development; or

(5) Public access at the particular location

cannot be designed or developed to provide an

interesting or pleasant view or recreational

experience.

11. Public access to the shoreline shall be required

on all public property, except as follows:

(1) In harbor areas completely occupied by water-

dependent uses; or

(2) In street ends or waterways occupied by

water-dependent uses under permit or lease.

i. Public access shall be required on p1:1vate

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) 0 COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE so, 281

property for all non-water-dependent uses on

waterfront lots which are:

(1) Non-residential; or

(2) Developed as a major plan of development; or

j. Required public access sites shall be fully

developed and available for public use at the time

of occupancy of the development.

4-17-4 GENERAL STANDARDS FOR PUBLIC ACCESS FACILITIES

a. Boating facilities should be located and designed

to minimize adverse effects upon, and to enhance

if possible, beneficial shoreline geo-hydraulic

processes such as erosion, littoral or riparian

transport and accreation, as well as scarce and

valuable shore features including accretion

shoreforms and natural wetlands.

b. Areas which have been identified as hazardous due

to storm tides, high winds or flooding should not

be considered as potential marina sites.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPIRGER, AICP TOFN AND COUNTRY PLANNING CONSUL TANT PAGE No. 282

C. Shallow water embayments with poor flushing action

should not be considered for marina sites.

d. Boating facilities should be located, designed and

operated to provide maximum feasible protection

and enhancement of all forms of aquatic, littoral

or land life forms Including animals, fish,

shellfish, birds and plants, their habitats and

their migratory routes. To the extent possiL)le,

marinas should be located in areas of low hioloqic

productivity.

e. Boating facilities should be located and designed

so that adiacent tragile or unique natural and

cultural features are preserved or enhanced.

f. Regional as well as local needs may be considered

when determining the location of marinas.

9. marinas and public use launch ramps are preferred

over the development of individual docking

facilities for private, non-commercial pleasure

craft. The use of boat launching ramps and dry

storage of recreational boats or other new

technologies should be considered as alternatives

RICHMOKD COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOKD COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 283

to boathouses.

h. Boating facilities should be located and designed

so their structures, other features and operations

will be aesthetically compatible with or will

enhance the area visually affected, and will not

unreasonably impair shoreline views of local

residents and user groups.

i. Boating facility development shall comply with all

applicable state and federal regulations

including, but not limited to, the design of

builkheads, fills and marinas, regulations

pertaining to marinas, U.S. Army Corps of

Engineers dredging standards, and state and

federal standards relating to the storage of fuels

and toxic materials.

Structures shall be built t o conform to the County

building c ode, withstand stresses from storms and

weather or damage by fire, and that exterior wall

and roof coverings shall be of noncombustible or

fire-retardant treated material and so certified

or labeled.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFTJ RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 284

k. Multiple use and expansion of existing piers,

wharves and docks should be encouraged over the

addition and/or proliferation of new facilities.

Joint use facilities are preferred over new single

use piers and docks.

1. The use of mooring buoys should be encouraged in

preference to either piers or docks.

M. All waterfront access facilities shall be

constructed and maintained in a safe and sound

conditions. Abandoned or unsafe facilities shall

be removed or repaired promptly by the owner.
lie Where any such structure constitutes a hazard to
the public, the CouriLy may, followinq notice to

the owner, abate the structure it the owner fails

to do so within a reasonable time and may imDose a

lien on the related shoreline property in an

amount equal to the cost of the abatement.

4-17-5 MARINAS AND PUBLIC BOAT RAMPS

a. Marina facilities should be designed to

accommodate public access and enjoyment of the

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED 1Y DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANHIIG CONSULTANT PAGE NO. 285

shoreline location, Includinq provisions for

walkways, view points, rest room facilities and

other recreational uses according to the scale of

the facility.

b. marinas and boat launch ramps shall locate on

stable shorelines where water depths are adequate

to eliminate or minimize the need for offshore or

foreshore channel construction dredqing,

maintenance dredging, spoil disposal, filling,

beach feeding and other river, lake, harbor and

channel maintenance activities.

C. Marinas and boat ramps shall locate in areas where

there is adequate water mixing and flushinq and

shall be designed so as not to retard or

negatively influence flushing characteristics.

d. Marina and boat ramp entrances shall not Lie

located near beaches commonly used for swimminq or

valuable commercial fishing areas.

e. Marine railways for boat launching shall be

located on the existing grade where feasible and

shall not obstruct shoreline access.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANHIIG CONSULTANT PAGE go. 286

f All covered moorages at a marina shall be of

similar and/or compatible design, color, length

and height; and shall be constructed in contiguous

groups or modules as part of the overall project.

9. Marinas and launch ramps shall be located,

designed and operated so that neighboring water-

dependent uses and residential areas are not

adversely affected, whether such other uses are

existing or planned.

h. Marinas and boat ramps shall not locate at or

along:
10

(1) Significant littoral dritt sectors, including

resource material areas, such as feeder

bluffs and accretion 'beaches, points, spits

and hooks;

(2) Marshes, bogs, swamps and lagoons;

(3) Estuaries;

(4) Fish and shell. fish spawning and rearing

areas; or

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOUN AND COUNTRY PLANNING CONSULTANT PAGE NO. 287

(5) Poorly-flushed lagoons and backwaters.

(6) Along mea,ndering river channels where the

channel is subJect to change in direction or

alignment or on point bars and other

accretion beaches.

i. River marinas and boat ramps shall be located so

as not to adversely affect flood channel capacity

or otherwise create a flood hazard.

Proposals for marinas shall include boat launch

facilities unless the applicant can demonstrate

the infeasibility of providinq such facilities.

k. marina design shall provide thorough flushing of

all enclosed water areas and shall not restrict

the movement of sea life requiring shallow water.

1. The marina design shall minimize interference with

geo-hydraulic processes and disruption of existinq

shore forms.

M. All signs shall adhere to the policies and

regulations for signs EXCEPT that a marina or boat

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOIN AND COUNTRY PLANNING CONSULTANT PAGE 10. 288

ramp facility may add no more than one advertising

sign oriented to the water, not exceedinq ten (10)

feet in total height. Signs for fuelinq

facilities shall not exceed fifteen (15) feet in

total height. No sign shall exceed twenty.-tive

(25) feet in area.

n. Views from upland lots shall be preserved, and

public viewpoints or viewinq areas shall be

provided by the developer so the public can

observe marina activity. Landscape plans shall

mitigate adverse development impacts on adjacent

properti es, and protect and enhance views from

upland areas.

0. Provisions for public access, both visual and

pedestrian, shall be an inteqral part of all

marina development and designed to be

aesthetically compatible with adjacent areas and

commensurate with the particular proposal.

Examples include artificial pocket beaches created

by foreshore defense structures, pedestrian

bridges to offshore structures, fishing or viewing

platforms, and underwater diving and viewing

platforms. Marinas and boat ramps shall be

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 289

designed so that existing or potential public

access along beaches is not unnecessarily blocked

nor made dangerous and public use of the surface

waters below the high water line is not unduly

impaired.

P. Dredging In coastal waters for recreational

boating facilities shall be limited to the minimum

necessary for new entrance channels to reach

basins dredged out of dry land areas; for

deepening water a few feet in existing and

proposed berthing areas; and for maintenance

dredging. Dredging wetland areas above mean low

water to accommodate new or expanded boatinq

facilities is prohibited.

q- F'illing In water bodies or natural wetlands to

create usable land space for accessory marina uses

is prohibited unless no alternatives exist and

adverse impacts to flora and fauna are minimized.

r. Where wet moorage is offered, pump-out, holdinq

and/or treatment facilities shall be provided by

the marinas for sewage contained on boats or

vessels. They shall be located so as to be

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOVI AND COUNTRY PLANNING CONSULTANT PAGE 10. 290

conveniently available to all boats. The

responsibility for the adequate collection and

dumping of marine originating sewage, solid waste

and petroleum waste is that of the marina

operator.

S. All pipes, plumbing, wires and cables at a marina

site shall be placed at or below ground and dock

levels.

t. All marinas shall provide rest rooms for boaters'

use. They shall be kept clean, located within two

hundred (200) feet from the dock or pier; there

shall be one (1) toilet and handwashing facility

for each sex per fifty (50) mooraqe sites; siqns

shall be posted so that the rest rooms are easily

Identifiable.

U. Marina operators shall post the following signs

where they are readily visible to all marina

users:

(1) Regulations pertaining to handling and

disposal of waste, sewage or toxic materials;

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, 11CP TOWN AND COUNTRY PLANNING CONSULTIN? PAGE NO. 291

(2) Regulations prohibiting tne use ot marine

toilets while moored unless these toilets are

self-contained or have an approved treatment

device; and

(3) Regulations prohibiting the disposal of fish

or shellfish cleaning wastes, scrapfish,

viscera or unused bait in or near the marina.

V. Garbage or litter receptacles shall be provided

and maintained by the marina operator at several

locations convenient to users.

W. The dock facilities shall be equipped witn

adequate lifesaving equipment such as life rinqs,

hook and ropes.

X. Adequate fire protection shall be required.

Y. If dredging at marina entrances changes the

littoral drift processes and adversely affects

adjacent shores, the marina operator shall be

required to periodically replenish these shores

with the appropriate quantity and quality of

aggregate.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAF?) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOVH AND COUNTRY PLANNING CONSULTANT PAGE No. 292

Z. Space for transient moorage shall be provided.

4-17-6 PRIVATE BOAT RAMPS

a. Boat ramps are permitted on stable non-erosional

banks, where no or a minimum number of current

deflectors or other stabilization structures will

be necessary.

b. Boat ramps are permitted for individual residences

where the upland slope within twenty-tive (25)

feet of mean high water does not exceed fifteen

(15) percent and where substantial cutting,

grading, fillinq or defense works are not

necessary.

C. Boat launching ramps and minor accessory buildings

and haul out facilities shall be desiqned to be in

character and scale with the surrounding

neighborhood.

d. Ramp structures shall be built from flexible,

hinge-segmented pads which can adapt to changes in

beach profiles.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLAHNIIG CONSULTANT PAGE 10. 29)

e Ramps shall be placed and kept f lush with the

shore slope to minimize the interruption of geo-

hydraulic processes.

4-17-7 COVERED MOORAGES/BOATHOUSES

a. Covered moorages and boathouses are not permitted

in areas identified in the Comprehensive Plan as

possessing high scenic value or where open water

views are important.

b. The maximum height for covered moorages and

boathouses is twenty-five to thirty-five (25-35)

feet above mean high water.

C. Boathouses are not permitted to serve individual

lots created after the effective date of this

ordinance.

4-17-8 PIERS AND DOCKS

a. General Standards

Piers and docks should be designed to cause

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED By DAVID L. KL9PPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 294

minimum interference with the public use of the

water surface and shorelines.

1. Piers and docks should allow for a maximum of

littoral drift and should minimize

interference with basic geo-hydraulic

processes.

2. Piers and docks and their associated

activities should conserve and enhance water

quality, fish, shelltish and wildlife

resources and habitats.

3. Pier and dock projects are encouraged to

provide for public access docking, launching

and recreational use.

4. Piers and docks shall be consistent with the

following criteria:

(a) Important navigation routes or marine-

oriented recreation areas will not be

obstructed or impaired;

(b) views from surrounding properties will

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFTJ RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNIIG CONSULTANT PAGE 10. 295

not be unduly impaired;

b. Number

(1) New subdivisions shall be required to provide

community docks. Ttie development of piers or

docks on individual lots shall not be

permitted unless the site does not allow a

community facility of sufficient size to

serve all the residents of the subdivision.

(2) For lots existing at the time this ordinance

is adopted, no more than one private, non-

commercial dock is permitted per platted

shoreline lot or unplatted shoreline tract

owned for residential or recreational

purposes.

b. Use of Piers vs. Docks

(1) On river shorelines, only docks shall be

permitted. Such facilities shall be securely

anchored to pilings to allow for Chanqes in

river level and shall be able to withstand

100-year frequency flooding.

RICHMOND COUNTY LAND MA1AG9MEKT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLAX#IKG CONSULTANT PAGE NO. 296

(2) The use of docks shall be required in

preference to piers in areas where scenic

values are high and conflicts with

recreational boaters and fishermen will not

be created.

(3) Open-pile piers shall be required in

preference to docks in areas where shore

trolling is important, where there is

significant littoral drift and where scenic

values will not be impaired.

C. Size

The size of a pier or dock should not exceed that

which is required for the water-dependent purposes

for wh ich it was constructed.

d. Length

(1) Maximum length of a pier or dock shall be

only so long as to obtain a deptn of eight

(8) feet of water as measured at mean low

water on salt water shorelines or as measured

at mean high water in fresh water shorelines,

except that the length of any pier or dock

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED Of DAVID L. KLIPPINGER, JICP TOVS AND COUNTRY PLANNING CONSULTANT PAGE No. 297

shall not exceed the lesser of fifteen (15)

percent of the fetch or one hundred fifty

(150) feet.on saltwater shorelines and forty

(40) feet on fresh water shorelines.

(2) If there are existing docks within three

hundred (300) feet of side property lines:

Single use docks shall be no longer than

the averaqe length of those docks as

measured from mean high water.

Community docks shall be no lonqer than

fifteen (15) feet greater than the

average lenqth of existinq single use

docks as measured from the mean high

water.

-(3) If there are no existing docks within three

hundred (300) feet of side property lines,

proposals for piers and docks shall show

reasonable Justification to exceed forty to

fifty (40-50) feet in length trom mean high

water.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 298

e Width

(1) For private, single use docks, maximum length

parallel to shore should not exceed eight to

ten (8-10) feet.

(2) For community piers and docks, maximum width

will be permitted by the County on a case-by-

case basis.

f. Height

Docks shall not exceed three (3) feet in height

above mean high water on the landward side.

9. Sideyard Setback

Docks shall be setback a minimum of thirty (30)

feet from side property lines, EXCEPT that

community piers and docks may be located adjacent

to or upon a side property line when mutually

agreed to by contract with the owners of the

adjacent property, a copy of w1iich must be filed

with the application for permit.

h. Density

(1) Community docks and piers shall include no

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DEAF?) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOUN AND COUNTRY PLANNING CONSULTANT PAGE NO. 299

more than one (1) mooraqe space per dwelling

unit or lot.

(2) Piers and docks for use by the general public

shall include no more than one moorage for

each ten (10) feet of waterfront up to two

hundred (200) front feet plus one (1) mooraqe

for each additional five (5) front feet.

i. Construction

(1) Pilings must be structurally sound and cured

prior to placement in the water.

(2) Piers shall utilize the minimum number of

pilings necessary, favoring large spans on

fewer pilings over smaller spans on more

pilings.

(3) Pilings employed in piers or any other

structure shall have a minimum vertical

clearance of one (1) foot above extreme high

water.

(4) All docks shall include stops which will

RICHORD COUNTY LAND MINIGIBENT ORDINANCE (DRAFT) RICKHOND COUNTY, VIRGINIA
PREPARED BY DAVID L. HIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 300

serve to keep the floats off the tidelands at

low tide.

(5) If a bulkhead-like base is proposed for a

fixed pier or dock where there is-- net

positive littoral drift, the base should be

built landward of mean high water or

protective berms.

(6) When plastics or other non-biodegradable

materials are used in pier construction,

precautions shall be taken to insure their

containment.
19
(7) overhead wiring or plumbing is not permitted

on Diers or docks.

4-17-9 COMMUNITY AND PUBLIC RECREATIONAL PIERS AND DOCKS

a. Major plans of development including but not

limited to xesourts and Rurul villages proposing

to provide moorage facilities shall be required to

construct single, Joint use moorage facilities,

provided that the County may authorize more than

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGIR, 1ICP ?OWN AND COUNTRY PLANNING COHSUL?ANT PAGE NO. 301

one Joint use moorage facility If a single

facility would be inappropriate or undesirable

given the specific conditions of the site.

b. Proposals for community piers and docks shall

demonstrate that adequate maintenance of the

structure and the associated upland area will be

provided.

C. In addition, all recreational piers or docks which

are intended for use by the general public shall

comply with the followinq regulations:

(1) An adequate number of approved solid waste

containers shall be located conveniently for

boater utilization.

(2) The dock facilities shall be equipped with

adequate lifesaving equipment such as life

rings, hook and ropes.

(3) Every facility shall be maintained in good

repair and free from safety hazards.

(4) Boaters should not use their marine toilets

RICHMOND COUNTY LAND MARAG9MENT ORDINANC9 (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPAR9D BY DAVID L. KUPPIKGER, 1ICP YOU AND COUNTRY PLANNING CONSULTANT PAGE No. 302

while moored unless these toilets are self-

contained or have an approved tre.atment

device. Signs stating this shall be posted

where they are readily visible to all

boaters.

d. Community and public recreational piers and docks

may be required to provide facilities for dumping

holding tanks.

4-17-10 MOORING BUOYS

a. Mooring buoys shall be located as close to the

shore as possible. Tney shall not be located

farther waterward than existing mooring buoys

unless the drift of the boat dictates this.

b. Buoys must be discernible under normal dayliqht

conditions at a minimum of one hundred (100) yards

and must have reflectors for nighttime visibility.

C. only one mooring buoy will be allowed per

waterfront lot unless.there is a demonstration of

greater need. such demonstration may include a

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 303

community park or residential development where

lot owners both on and away from the shoreline

share a shoreline open space area.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 304

4-18 ROSCO DESIGN STANDARDS

4-18-1 PURPOSE AND INTENT

The continuation of Richmond County's traditional lana

use pattern of rural villages, towns and farmsteads

surrounded by open space. in which traditional

occupational pursuits such as agriculture occur and

critical and significant environmental and cultural

resources are protected, requires supplementary design

standards to the zoning provisions of Section 3-11.

These standards will assist in ensuring that the intent

and purpose of this Ordinance as it relates to the

predominant patterning of land development initiatives

within the County is more clearly enunciated. Wfiere

there are conflicts between these provisions and those

in other sections of Article 4 these provisions shall

apply.

4-18-2 PLAN OF DEVELOPMENT SUBMITTAL REQUIREMENTS

In addition to the plan of development submittal

requirements of Article 2 and the other sections of

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PACE NO. 305

Article 4, the applicant shall submit the following

information as applicable:

a. All land proposed to be designated as village and

its components, hamlet, "ROSCO Buffer" and "ROSCO

Conservancy" shall be identified by the applicant

In his submission to the Land Use Administrator.

b. Documentation that applicant has sufficient

control over all lands to be designated.

C. 7'he following statistics:

(1) number of single family homes;

(2) number of acres proposed for various village
components; 1 1

(3) number of acres proposed for "ROSCO Butter";

(4) number of acres proposed for 11RUSCO

Conservancy"; and

(5) number of acres proposed for future

expansion.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA-
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANKING CONSULTARr PAGE NO. 306

d. Conceptual development plan depicting qeneral

configuration of land uses and roads and points of

access to the existing state road system.

e. Plan for "ROSCO Conservancy" land including

location, plats, uses, and easements.

f. Plan for 11ROSCO Buffer" land including location,

plats, uses, easements and maintenance plan,

9. A detailed development plan showinq desiqnated use

areas (civic lots, greens, storefront, townhouse,

house, village workplace and any future village

expansion areas).

h. Supporting documentation inciuding conservation

easements, outside agency permits, proffers,

homeowner association documents; performance

guarantee for improvements, deeds of dedication,

and covenants for greens, other civic lots.

i. Statement from applicant that, in the event his

application is approved, he is:

(1) willing to dedicate conservation easements

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOYN AND COUNTRY PLANNING CONSULTANT PAGE 10, jO7

limitinq the use of "ROSCO Conservancy" and

buffer areas to specific uses consistent with

the provisions of this Ordinance;

(2) willing to provide the road improvements

necessary to accommodate the proposed

development;

(3) willing to provide the water and wastewater

facilities and systems necessary to

accommodate the proposed development and is

willing to dedicate easements or take other

necessary steps to comply with the intent of

this Ordinance.

4-18-3 RURAL VILLAGE AND 11AMLET OBJECTIVES

a. General Intent

To provide for living and working opportunities in

a traditional rural village and hamlet. Specific

obJectives include:

(i) the creation of a distinct physical

settlement surrounded by a protected rural

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XL9PPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 308

landscape of generally open land used for

agricultural, forestal, recreational and

environmental protection purposes;

(2) a strong sense of community identity based on

a shared, coherent, functionally efficient

physical environment and a shared economic,

political, social and cultural environment;

(3) modestly sized buildings fronting on, and

aligned with, streets in a disciplined

manner, uninterrupted by parking lots;

(4) civic buildings for assembly, or for other

civic purposes, that act as visual landmarks

and symbols of identity within the community;

(5) a development size and scale which

accommodates and promotes pedestrian travel

rather than motor vehicle use for trips

within the village or hamlet.

(6) All or as many lots as possible will have

views of former open spaces within greens and

parks or long views of common open space and

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE !DRAFT) RICHMOND COUNTY, VIRGIBIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNIIG CONSULTANT PAGE 10. 309

the countryside.

4-18-4 GENERAL REQUIREMENTS VILLAGE

a. The village shall be arranqed in a generally

rectilinear network of interconnectinq streets and

blocks.

b. The perimeter of a block shall qenerally ranqe

from 1,000 to 1,800 feet in length as measured

along the property (right-of-way) line although

block sizes may vary from this standard due to

topographic, environmental and other valid desiqn

considerations.

C. Each block which includes storefront and narrow

frontage townhouse lots shall be designed to

include an alley. Blocks of linked, wide frontage

townhouse lots need not be designed to include an

alley and rear parking.

d. Similar land use types shall generally enfront one

another while dissimilar land use types snall

generally abut along alleys or rear property

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINCHR, AICP TOY# AND COUNTRY PLANNING CONSULTANT PAGE 10. 310

lines.

e. At the option of the developer, the village may

include an unplatted "village expansion area" at

its periphery, which area is reserved for future

expansion of the village uses. Such area shall

not encroach on or be counted as part of the

buffer area.

f. Village water and wastewater storaqe and/or

treatment facilities shall be located outside or

on the periphery of the village proper and shall

be designed to minimize their adverse impact on

the entire rural village and adjacent properties.

9. Lot layout, path and sidewalk design shall ensure

pedestrian access to each lot.

h. The village shall contain well configured squares,

greens, landscaped streets and parks woven into

street and block patterns and dedicated to

collective social activity, recreation, and visual

enjoyment. The required main village qreen shali

be located near the center of the village proper

within or adjacent to the storefront area,

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAM RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWB AND COUfiTRY PLANNING CONSULTANT PAGE NO. 311

i. Village workplace lots 'shall front on village

streets and not on village bypa ss roads.

4-18-5 TRANSPORTATION REQUIREMENTS - VILLAGE

a. The village shall contain a hierarchy of streets,

some narrow and convenient for a balanced mix of

both pedestrians and automobiles while others are

wider to carry greater traffic.

b. The village must have at least two points of

access to roads designated as a major or minor

arterial or a major collector. New collector

roads may be constructed by the applicant to

connect the village proper with an existing major

collector or arterials. Additional points of

access are discouraged. County approval of any

additional access points will be judged on the

safety merits of the proposed design and on the

basis of need.

C. Rural villages must be accessed by hard surfaced

roads of a design acceptable to the County and

VDOT.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. ELIPPlNGER, AICP TOVK AND COUNTRY PLANNING CONSULTANT PAGE No. 312

d. Local and neighborhood streets serving rural

villages will not be permitted direct access to

arterials or major collector roads.

e. Existing major and minor collector and arterial

roads designated may not generally serve as

internal streets within a rural village proper

unless a new bypass road of similar function is

provided.

f. All internal and external roads and improvements

thereto required for the appropriate design of a

village shall be provided by the applicant.
lie
9. Roads and streets providing access to and

vehicular circulation within a villaqe proper

shall be designated according to their tunc--tionai

hierarchy as follows:

(1) Villaqe Major Collector--to provide primarily

for traffic movement to the village

(2) Village Minor Collector Streets--to provide

primarily for traffic movement within the

village

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 313

(3) Village Subcollector and Tertiary Minor

Collector Streets--to provide for traffic

movement within the village between local

streets and through streets and traffic

access to civic, offstreet parking lots and

other larger uses in the village

(4) Village Tertiary Streets--to provide for

traffic access to Individual lots within the

village

h. Street patterns within the villa.qe shall be a

network with variations as needed for topographic,

environmental, traffic safety, the efficient

movement of fire and emergency rescue vehicles and

other valid design considerations.

I. Alleys shall be maintained by the homeowners'

association.

j. Streets shall be designed gene rally to:

(1) Follow and preserve existing fence lines,

tree lines, hedgerows and stone walls;

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLtPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 314

(2) Minimize alteration of natural site features;

(3) Secure the view to prominent natural vistas;

(4) Minimize the area devoted to motor vehicle

travel;

(5) Promote pedestrian movement so that it is

generally more convenient and pleasant to

walk short distances than to drive; and

(6) Promote the creation of vista terminations.

k. All neighborhood and local streets shall terminate

at other streets within the village proper and

shall provide connections to existing or proposed

through streets or collectors outside the village

proper where practical.

1. Sidewalks at least 8 feet wide shall be provided

parallel to streets in all civic, storefront and

townhouse areas. Sidewalks at least 4 feet wide

shall be provided in all house and workplace areas

so that all lots have access to a pedestrian

network.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (-DR-AF-T) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, JICP TOUR AND COUNTRY PLANNIVG CONSULTANT PAGE 80. 315

rfl, streetliqhts of 12-15 feet in heiqht shall be

provided alonq all sidewalks, at not more than 50-

foot intervals, measured parallel to streets in

storefront and townhouse areas. Streetlights in

other areas of the village proper shall be

provided along all streets at not more than 150-

foot Intervals measured parallel to streets, or

more than 200-foot intervals measured diagonally

across streets.

4-18-6 PARKING REQtJlREMENTS

a. Streetside Parking:

Continuous parallel parkinq shall be provided

along streets where storefront and townhouse uses

are predominant. Parallel parking is permitted

along all other streets.

b. off-Stmeet Parking Location and Access:

(1) off-street parking lots and areas shall

generally be located at the rear of

buildings.

(2) No off-street parking shall be permitted in

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICONOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLSPPINGER, AICP TOWN AND COUNTRY PLANNING CONSVLTANT PAGE 10. 316

the front yards of buildings located in the

st orefront, townhouse or village workplace

areas, nor shall off-street parkinq be the

principal use of corner lots in these areas.

(3) Any off-street parking space or parking lot

in a storefront, townhouse, or civic area

which abuts a street right-of-way shall be

buffered from the right-of-way by a

landscaped area no less than 4 feet wide, in

which is located a continuous row of shrulDs

no less than 3-1/2 feet hiqh, or by a wall no

less than 4 feet and no more than 6 feet

high.

(4)-- Adjacent parkinq lots shall have off-street

vehicular and pedestrian connections.

(5) off-street parking in the storefront and

narrow frontage townhouse areas shall

generally be accessible from an alley only.

(6) Garages or carports for house area lots shall

not be located at a vista termination and

shall be located a minimum of 20 feet behind

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PRIPARED BY DAVID L. XLEPPINGER, 1ICP TOWN AND COUNTRY PLANNING CONSULliNT PACE. 10. 317

the street facade of the principal building,

and if served by an alley, shall be set back

at least 2 feet from the alley riqht-of-way.

If connected to the house, the garage doors

shall face the rear.

(7) off-street parking for villaqe workplace area

lots is permitted to the rear and side of the

buildings only and shall not be permitted

closer than 50 feet to any property line.

(8 Off-street parking serving a particular lot

may be reduced to the extent that the

applicant can demonstrate that adequate

parking Is provided on-street and/or within a

distance of 200 feet from the lot.

(9) The Land Use Administrator may authorize

certain unpaved and landscaped areas to be

reserved for future required off-street

parking, until such time as the Land Use

,Administrator and/or property owner

determines that there is an actual demand for

such parking.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COURTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 318

4-18-7 LANDSCAPING REQUIREMENTS - VILLAGE

a. Streets shall be planted on both sides with street

trees no more than 40 feet apart.

b. No less than 75% of the perimeter of the Village

Green shall have frontage on a public street. No

less than 25% of a small green, park, or square

shall have frontage on a public street.

C. Village workplace lots shall have at their

perimeter a continuous landscaped buffer no less

than 50 feet wide planted with threes and shrubs

and/or a masonry wall, no less than 8 feet in

height. 1n the case oi an open starage lot such a

wall shall be no less than 12 ieet in height or

the landscaped buffer shall be no less than 100

feet in width.

d. The homeowners' association shall provide for

maintenance of street trees and other community

landscaping such as in village greens, parks and

squares.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOYN AND COUNTRY PLANNING CONSULTANT PAGE NO. 319

UTILITIES - VILLAC37E

a. Utilities should generally be located underground

within street and alley rights-of-way; but not

actually under street pavement unless a means of

service access is provided which allows

maintenance without disturbing the pavement.

b. All above ground utility boxes and other

facilities should be clustered and screened from

street view.

C. Each rural village shall be.served by water and

wastewater systems provided and constructed by tne

applicant. The water and wastewater facility

proposal shall be accompanied with a financing

plan for these utilities which is desiqned to

obtain sufficient revenue from the system users to

pay all operating, service and re,placement costs.

Systems shall comply with the requirements of

Section 4-5. Individual water and sewer systems

will not be permitted within the village.

4-18-9 LOT LAYOUT - VILLAGE

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNIOG CONSULTANt PAGE 10. 320

a. The scale, proportion, color and materials of

buildings shall exhibit relative commonality.

b. civic buildinqs and structures should be of

materials, scale and colors compatible with each

other and distinct from the character of other

buildings in the village proper.

C. storefront buildings shall have at least 60% of

their front facade coincident with their frontage.

The principal entrance shall be from the front

sidewalk.

d. The construction of open colonnades ovpr a

sidewalk which adjoins storefront buildinqs may be

permitted subject to an appropriate easement.

e. Storefront buildings fronting on the same street

and located on the same block shall be attached;

provided, however, a limited number of pedestrian

ways may be located between storefront buildings.

f. Village workplace buildings shall have finish

materials and fenestration on street facades and

on any side facing a residential area which are

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSUL?,U? PAGE NO. 321

designed to ensure visual harmony.

4-18-10 GENERAL REQUIREMENTS HAMLET

a. The hamlet shall be arranged in response to the

natural terrain or in a loose rectilinear pattern

if sited on flat land. Hamlets should be sited so

as to nestle, or blend in a subordinate way, into

the existing landscape and should be designed to

create a traditional hamlet massing profile.

b. Lot layout and path design shall ensure pedestrian

access to each lot.

C. Hamlets may be located at the intersection of

minor collectors but are encouraqed to be located

on their own subcollector and tertiary level

streets adjunct to major collectors and arterials.

Hamlets can also be located at the end of a dead

end road or at the side of a watercourse or

waterbody.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 80. 322

d. Streets shall be designed generally to:

Follow and preserve existing fence lines, tree

lines, hedgerows and stone walls;
Minimize alteration of natural site features;-

Secure the view to prominent natural vistas;

Minimize the area devoted to motor vehicle travel;

Promote pedestrian movement so that it is

generally more convenient and pleasant to walk

short distances than to drive; and

Promote the creation of vista terminations.

e. Streets shall be planted on both sides with street

trees no more than 40 feet apart.

f. If a hamlet green is provided, it shall be located

in the interior of the hamlet. The width of the

hamlet green is recommended not to exceed six

times the height of the buildings fronting upon

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE ko. 323

Lots should be located in a contiguous group with

adjacent and fronting lots oriented towards each

other as on a street or the hamlet green, and

forming a distinct boundary with the surrounding

countryside.

h. The common open space surrounding the hamlet shall

be at least 600 feet wide from the edge of a

hamlet lot to the edge of the tract. This common

area and the hamlet green shall be protected in

perpetuity by a conservation easement.

i. A homeowners' association shall be created to

manage the common open spaces and to maintain

street trees, paths, and alleys not in state

highway system.

j. Hamlet lots shall be served either by:

(1) individual wells on each lot, or

(2) A community water system constructed by the

developer.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COURTY, VIRGIRIA
PREPARED BY DAVID L. KLIPPINGER, A1CF TOVW IND COUNTRY PLANNING CONSULTANT PACE 10. 324

(3) Connection with an existing town with an

existing/proposed water system nearby.

k. Hamlet lots not developed or proximate to an

existing Town or an existing/proposed rural

village, shall be served by a sewage disposal

system located on the lot of off-lot in the

perpetually eased common open space.

4-18-11 FARMSTEAD AND SINGLE FAMILY, LARGE LOT (SF,LF) OPTIONS

General Requirements

a. Farmstead and SF,LF shall be sited in locations on

a parcel in keeping with traditional iarmstead

positions in the landscape. Farmsteads and SF,LF

should be located so as to maximize the view of

surrounding farmlands.

b. Trees of considerable ultimate height should be

planted in locations maximizing shading potential.

Evergreen should be massed to provide windscreens.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN IND COUNTRY PLANNING CONSULTANT PAGE NO. 326

A single driveway tertiary grade road shall access

the farmstead or SF,LF on a direct route from the

right of way to-the building envelope.

C. The entrance shall not contain a development

identification sign commonly associated with

suburban housing developments but instead should

contain a very simple, low key name plate.

d. Mail boxes-at the right of way should be identical

and as inconspicuous as possible.

e. The architecture and placement of principal and

accessory buildings should mimic the general

design of the traditional farmstead within

Richmond County, the Northern neck and Tidewater

Virginia.

RICHMOND COUNTY LAND MANAGEM91T ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOVN AND COUNTRY PLANNING CONSULTANT PAGE No. 326

4-19 DESIGNATION OF HISTORIC SITE DISTRICTS AND HISTORIC AND

CULTURAL CONSERVATION DISTRICTS

4-19-1 DESIGNATION

a. Historic districts may hereafter be created, in

accordance with Section 15.1-503.2 of the Code of

Virginia, as amended, which shall be designated as

either Historic Site (HS) districts or as Historic

and Cultural Conservation (HCC) districts.

b. Historic site district shall apply to landmarks,

buildings or structures which meet the

requirements for designation set out in the

followinq sections. Historic and cultural

conservation districting shall apply to areas,

including rural areas, as opposed to specific

landmarks, buildings or structures, which meet the

requirements for designation set out in the

following sections.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE' (DRAF-f-)-'-- RICHMOND COUNTY, V196INIA
PREPARED BY DAVID L. XLEPPINGER, 1ICP ?OWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 327

4-19-2 INTENT

a. HS and HCC districts shall be created by

resolution and provide a basis for the delineation

of the HISTORIC RICHMOND overlay zoninq district

HS and HCC districts are not zoninq districts but

are instead historic districts.

b. HS and HCC districts are Intended to effect and

accomplish the protection, enhancement. and

perpetuation of especially noteworthy examples or

elements of the County's cultural, social,

archaeological, economic, religious, political or

architectural history in order to:

(1) Foster civic pride and preserve an

appreciation for the historic values on which

the County and the Nation were founded;

(2) Maintain and improve property values;

(3) Protect and enhance the County's attraction

to tourists and visitors;

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 328

(4) Provide for the education and qeneral welfare

of the people of the County; and

(5) otherwise accomplish the general purposes of

this Ordinance and the provisions of chapter

11, Title 15.1, Code of Virqinia of 1950, as

amended.

4-19-1 CRITERIA YOR DESIGNATING HISTORIC SITE DISTRICTS AND

HISTORIC AND CULTURAL CONSERVATION DISTRICTS

a. Criteria for Designating Historic Site Districts

The Board of Supervisors may create HS districts

provided such districts meet one or moye ot tne

following criteria, as well as meet one or more of

the purposes set forth in Section 4-19-2b above:

(1) such district contains a landmark, buildinq

or structure on the National Reqister of

Historic Places or the Virqinia LandmarK

(2) Such district meets one or more of the

following local determination criteria:

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE JDRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 329

Is closely associated with one or more

persons, events, activities, or institutions

that have made a significant contribution to

local, regional, or national history; or

Contains buildings or structures whose

exterior desiqn or features exemplify the

distinctive characteristics of an historic

type, period or method of construction, or

which represent the work of an acknowledqed

master; or

Have yielded, or are likely to yield,

information important to local, regional or

national history.

b. Criteria for Designating Historic and Cultural

Conservation Districts

The Board of Supervisors may create HCC districts

provided such districts meet tne standards of

Section 15.1-430(b), Code of Virginia (1950), as

amended; meet one or more the purposes set forth

in Section 4-19-2b above; and meet one or more of

the followinq criteria:

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 330

(1) Is closely associated with one or more

persons, events, activities, or institutions

that have made a significant contribution to

local, regional or national history; or

(2) Contain buildings or structures whose

exterior design or features exemplify the

distinctive characteristics of one or more

historic types.. periods or methods of

construction, or which represent the work of

an acknowledqed master or masters; or

(3) Have yielded, or are likely to yield,

information important to local, reqional or

national history; or

(4) Possess an identifiable character

representative of the architectural and

cultural heritage of the County.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COVRTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 331

4-19-4 BOUNDARIES OF HISTORIC SITE DISTRICTS AND HISTORIC AND 0 J
CULTURAL CONSERVAT10N DISTRICTS

a. Boundaries of Historic Site Districts

The boundaries of HS districts shall be drawn to

include all lands which are adjacent to the

landmark, building, or structure for which the

historic site district was established and which

are reasonably related to the essential historic

character of said district.

b. Boundaries of Historic and Cultural conservation

Districts

The boundaries of HCC districts shall be drawn to

include all such land therein as meets tne

purposes of Section 4-19-2b above, and the

criteria of Section 4-19-3b above.

4-19-5 APPLICATION FOR DESIGNATION AS HISTORIC SITE DISTRICT

OR HISTORIC AND CULTURAL CONSERVATION DISTRICT

a. Application for historic site or historic and

cultural conservation district designation shall

be made by the owner, Board of Supervisors,

RICHMOND COUNTY LIND MANAGEMENT ORDINANCE (DRAFT) RICHM011D COUNTY, VIRGINIA
PREPARED BY DAVID L. HIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 332

Planning Commission or Historic District Review

Committee on a form provided by the Land Use

Administrator. No fee shall be required.

b. In addition to the above, the Planning Commission

may initiate amending action to create an Historic

Site district whenever there exists a national or

state recognized historic landmark not encompassed

by a Historic Site District desiqnated on the

zoning map.

C. The following information shall be required for

consideration for Historic Site or Historic and

Cultural Conservation district desiqnation and

shall be submitted with the application:

(1) An inventory which lists each building or

structure within the district which itself

has historic merit or which contributes to

the overall historic character of the

district.

(2) A graphic representation of the location of

landmarks, sites, buildings or other

structures of particular historic value as

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANXIIG CONSULTANT PAGE NO. 333

well as the boundaries of the total proposed

area to be included within the designation.

(3) A writt en statement documenting the

particular historical attributes of the

territory proposed to be designated.

4-19-6 ACTION BY THE PLANNING COMMISSION

An application filed with the Land Use Administrator

shall be advertised for public hearing as provided for

in Section 2-3. The Planning Commission shall

determine that the application either has apparent

merit or does not have apparent merit in relation to

the intent and criteria set forth above. In either

case, the application shall be forwarded to the Board

of Supervisors along with a statement of the findinqs

of the Planning Commission relative to such purposes

and criteria. If the application is approved by the

Planning Commission, transmittal of said approval shall

be accompanied by a map depicting the approved

boundaries of said district, as well as a copy of the

inventory of buildings and structures submitted with

the application under Section 4-10-5c(l), which the

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOVS AND COUNTRY PLANNING CONSULTANT PAGE No. 334

Commission shall have reviewed and approved after any

necessary additions, deletions, or changes. Before

acting on any such application, the Planning Commission

may consider comments solicited from such local and

state agencies as deemed appropriate, including the

Historic District Review Committee, as established in

accordance with Section 4-19-18 below.

4-19-7 ACTION BY THE BOARD OF SUPERVISORS

Upon receipt of a recommendation from the Planning

Commission, the Board of Supervisors shall consider the

application in accordance with DMP-b, hereinatter, and

approve or disapprove the application under the same

standard5 as applied by the Planninq Commission above.

if the application is approved by the Board of

Supervisors, the Board shall also specifically appiove

the boundaries of said district, and the inventory of

buildings and structures submitted under Section 4-19-

5c(l) as may be amended by the Board of Supervisors.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 90. 335

4-19-8 MAINTENANCE OF INVENTORY OF BUILDINGS AND STRUCTURES

Following the creation of each Historic Site or

Historic Cultural Conservation District, the Land Use

Administrator shall maintain in his office the

inventory of buildings and structures approved by the

Board of Supervisors. Requests for any additions,

deletions, or other changes to such inventory shall be

made to the Land Use Administrator, and may only be

made by him with the concurrence of the Historic

District Review Committee.

4-19-9 RECORDATION OF RESOLUTIONS CREATING HISTORIC DISTRICT

Following the creation of each Historic Site or

Historic and Cultural Conservation District, a copy of

the resolution creating such district, and a boundary

description of such district, shali be filed by the

Land Use Administrator with the Clerk of the Circuit

Court for Richmond County.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED By DAVID L. ALIPPINGER, AICP TOD AND COUNTRY PLANNING CONSULTANT PAGE No. 336

4-19-10 CERTIFICATE OF APPROPRIATENESS

In order to promote the general welfare through the

preservation and protection of historic places and

areas of historic interest in the County, no building

or structure, including signs, shall be erected,

reconstructed, substantially altered, moved or restored

within a designated Historic Site or Historic and

Cultural Conservation District unless and until an

application for a Certificate of Appropriateness shall

have been approved by the Historic District Review

Committee, as provided below. Provided, however, that

no Certificate of AppLopriateness shall be required in

cases of buildings primarily used or to be used for

agricultural or horticultural purposes in which the

requested change would not have a clear and substantial

detrimental impact on the character of the district as

determined by the Land Use Administrator. Provided

further that no Certificate of Appropriateness shall be

required in cases of ordinary repair or maintenance of

any exterior feature which does not involve a

significant change in design, material, or outer

appearance thereof, as determined by the Land use

Administrator. Notwithstanding any other provision of

this ordinance, appeal from any determination made by

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGE1, AICP TOWN AND COUNTRY PLARHIIG CONSULTANT PAGE 10. 337

the Land Use Administrator pursuant to this section

shall be by petition to the Historic District Review

Committee by any party directly aggrieved thereby.

4-19-11 PERMIT FOR RAZING OR DEMOLITION

In order to promote the general welfare throuqh the

preservation and protection of historic places and

areas of historic interest in the County, no buildinq

or structure within an historic district which is

listed on the inventory of buildings and structures for

such district maintained in the office of the Land Use

Administrator, shall be razed or demolished without a

permit being obtained from the Historic District Review

Committee, except as otherwise provided in Section 4-

19-16 or Section 4-19-17 below. Notwithstanding

provisions of this section and Section 750.12, the

Board of Supervisors may issue a permit to raze a

structure upon recommendation of the Planninq

Commission at the time of establishment of a district.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP YOU AND COUNTRY PLANKING CONSULTANT PAGE no. 338

4-19-12 APPLICATIONS AND PROCEDURES-CERTIFICATE OF

APPROPRIATENESS, PERMIT FOR RAZING OR DEMOLITION

a. Applications for Certificate of Appropriateness

and Permits for Razing or Demolition shall be-made

to the Land Use Administrator on forms supplied by

him. The Land Use Administrator shall refer all

applications to the Historic District Review

Committee.

b. All actions taken in pursuance of the above

requirements shall be preceded by at least one

public meeting by the Committee, at which time any

interested party, includinq the aDplicant or his

representative, snall be heard.

C. All approvals or disapprovals by the Committee

shall include a statement of the reasons for such

approval or denial and the conditions to be met,

where applicable, whereby the applicant could make

his application acceptable to the Committee.

d. No reapplication for essentially the same purpose

shall be reviewed by the Historic District Review

committee within one year of denial of any

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 339

applications hereunder except in ca5es where the

applicant purports to have brought himselt into

compliance with the conditions for approval set

forth by the committee In an earlier denial of

said application.

4-19-13 CERTIFICATES OF APPROPRIATENESS--CRITERIA

In passing upon applications for Certificates of

Appropriateness, the Historic District Review Committee

shall not consider interior arrangement.
lei
a. Historic Site (HS) District

In reviewing an application iii an HS District, the

Committee shall base its decision on wriether the

proposals therein are architecturally compatible

with the building, structure, or landmark in said

district. The Historic District Review Committee

shall make findings stating the reason why an

application conforms or fails to conform with

those guidelines. In applying such standard, the

Committee shall consider, among other factors:

RICHMOND COUNTY LARD MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE go. 340

(1) Exterior architectural features, including

all sings.

(2) General design, scale and arrangement.

(3) Texture and material.

(4) The relationship of (1), (2, (3) above to

other structures and features of the

district.

(5) The purposes for which the district was

created.
10
1 (6) The extent to which denial of a Certificate
of Appropriateness would* constitute a

deprivation to the owner of a reasonable use

of his property.

b. Historic and Cultural Conservation (HCC District)

in reviewing an application in an HCC District,

the Committee shall base its decision upon whether

the proposals therein are compatible with the

established architectural character of the

district. The Historic District Review Committee

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 341

shall make findinqs stating the reason why an

application conforms or fails to conform with

those guidelines. In applying such standard the

Committee shall consider, among other factors:

(1) Exterior architectural features, including

all signs.

(2) General design, scale and arranqement.

(3) Texture and material.

(4) The relationship of (1) and (2) above to

other structures and features of the

district.

(5) The purposes for which the district was

created.

(6) The relationship of the size, desiqn and

siting of any new or reconstructed structure

to the landscape of the district.

(7) The extent to which denial of a Certificate

of Appropriateness would constitute a

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 342

deprivation to the owner of a reasonable use

of his property.

4-19-14 RIGHT TO RAZE OR DEMOLISH--CONDITIONS AND PROCEDURES

The owner of a building or structure, the razing or

demolition of which is subject to the provisions of

this article, shall, as a matter of right, be entitled

to raze or demolish such buildinq or structure provided

that:

a. He has applied to the Historic District Review

Committee.

b. The owner has for a period of time set forth in

the time schedule hereinafter contained and at a

price reasonably related to its fair market value,

made a bona fide offer to sell such building or

structure and the land pertaining thereto to any

person, firm, corporation, government, or agency

thereof, or political subdivision or aqency

thereof, which gives reasonable assurance that it

will preserve and . restore the building or

structure and the land pertaining thereto.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE JDRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10. 343

C. No bona fide contract, bindinq upon all parties

thereto, shall have been executed for the sale of

any such building or structure, and the land

pertaining thereto, or the building or structure

alone without the land pertaininq thereto, prior

to the expiration of the applicable time period as

set forth In the time schedule below. Any appeal

which may be taken to the Court, in accordance

with Section 4-19-19 of this ordinance shall not

affect the right of the owner to make a bona fide

offer to sell. Offers to sell shall be made

within one year of the date of application to the

Historic District Review Committee. The time

schedule for offers to sell shall be as follows:

Minimum
Property Valued At Offer to Sell Period

$25,000 or less 3 months
$25,000 - $40,000 4 months
$40,000 - $55,000 5 months
$55,000 - $75,000 6 months
$75,000 - $90,000 7 months
$90,000 or more 12 months

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUnTy, VIRGINIA
PREPARED By DAVID L. XLEPPINGIR, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 344

4-19-15 BONA FIDE OFFER TO SELL; PROCEDURES FOR FILING NOTICE

OF OFFER AND QUESTIONING PRICE

a. Before making a bona fide offer to sell as

provided for in this section, an owner shall first

file a statement with the Historic District Review

Committee. The statement shall identify the

property, state the offerinq price, the date tne

offer of sale is to begin and name and address of

the listing real estate agent, if any. The

statement shall provide assurances that the

building time schedule contained in Section 4-19-

14b shall begin to run until said statement has

been filed. Within five days of receipt of a

statement, copies of the statement shall be

delivered to the Historic District Review

Committee.

b. The fact that a building or structure has been

offered for sale at a price reasonable related to

fair market value may be questioned, provided

there is filed with the Historic District Review

committee, on or before 15 days after the offer of

sale has begun, a petition in writing siqned by a

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE @-DRAFI) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP YOUR AND COUNTRY PLANNING CONSULTANT PAGE NO. 345

least fiver persons owninq real estate in the

vicinity of property offered for sale.

Alternatively the Committee may question said

price on their own motion. Upon receipt of such

petition, or upon its own motion, the Committee

shall, at the expense of the County, appoint three

disinterested real estate appraisers, familiar

with property values in the County, who shall

forthwith make an appraisal of tne building or

structure in question and file a written report

with the Committee stating whether or not the

offer to sell the building or structure is at a

price reasonably related to its fair market value.

The opinion of any two of the three appraisers

shall be final and binding. In the event the

opinion is to be the effect that the offer to sell

the building or structure is at price reasonably

related to its fair market value, the owner may

continue to offer the property for sale pursuant

to Section 4-19-14b. In the event the opinion is

to the effect that the offer to sell the building

or structure is not at a price reasonably related

to its fair market value, the date of the offer to

sell first established pursuant to Section 4-19-14

shall be void and the owner, if he wishes to take

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNIKG CONSULTANT PAGE NO. 346

advantage of the right provided in said se ction,

must refile the notice provided for above.

Notwithstanding an adverse opinion by the

appraisers if an owner has entered into a binding

bona fide contract as provided in Section 4719-14

prior to the date the appraisers have filed their

report with the Board, the price shall be deemed

reasonably related to the fair market value.

4-19-16 RIGHT TO RAZE OR DEMOLISH

The right to raze or demolish a building, structure or

landmark within an historic district shall not ne

subject to the foregoing conditions of oifer to seii

where the applicant for a Permit to raze or Demolish

can establish either:

a. The loss of such building, structure or landmark

would not substantially impair the goals souqht to

be achieved by the establishment ot such district,

b. The forced sale of such building, structure or

landmark would be economically infeasible in

CE (DRAFT@ RICHMOND CO
RICHMOND COUNTY LAND MANAGEMENT ORDINAN U*HTY' VIRGINIA
PREPARED BY DAVID L. ALIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 347

relation to its effect on the rerfiainil-lq property

of the applicant. Such a claim shall be heard by

the Historic District Review Committee, upon the

petition of the owner of the property. Such

hearing shall be public and any interested party

shall be heard.

4-19-17 HAZARDOUS BUILDINGS OR STRUCTURES

Nothing in Section 4-19 shall prevent the razinq or

demolition without consideration of said Committee, of

any building or structure within an historic district

which is in such an unsafe condition that it wotild

endanger life or property as determined in accordance

with the provisions of the Virqinia Uniform Statewide

Building Code (Section 124 of the BOCA Hasic Building

Code, 1975, as amended).

4-19-18 HISTORIC DISTRICT REVIEW COMMITTEE

For the purposes of Section 4-19 of this Ordinance, the

Board of Supervisors shall appoint an Historic District

Review Committee. The Committee shall be composed of

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPIRGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 348

five members. Where possible, the membership shall

include, but not necessarily be limited to, the

following: an architect witn experience dealing with

historic structures, and architectural historian, an

owner of property listed on either the state or

national register of historic landmarks or an owner of

property within an Historic Site District, and an owner

of property within an Historic and Cultural

Conservation District. The members of tne Committee

shall serve a two year term or until their successors

are appointed. The Committee shall meet on a regular

basis as their workload requires and shall adopt such

operating procedures as they deem appropriate in

keeping with the requirements of law, includinq a

procedure for maintaining records of their proceedings.

All decisions of the Committee shall be by majority

vote of those present and votinq and no action shall tie

effective unless those present and votinq constitute at

least a quorum of the members of the Committee.

4-19-19 RIGHT OF APPEAL

Any applicant aggrieved, or other party economically

injured, by any final decision of the Historic District

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPIRGER, 1ICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 349

Review Committee may appeal such decision to the Board

of Supervisors. The Board of Supervisors shall render

its final decision on such appeal after consultation

with the Historic District Review Committee. Any

applicant aggrieved, or other party economically

inJured, by any final decision of the Board of

Supervisors may appeal to the Circuit Court for

Richmond County, in accordance with Section 15.1-503.2

of the Code of Virginia of 1950, as amended. The

filing of a pet Ition of appeal with the Circuit Court

shall stay the decision of the Board pending the

outcome of the appeal to the Court, except that the

filing of such petition shall not stay the decision of

th6 Board if such decision denies the right to raze or

demolish a historic landmark, building or structure.

11CHMOND COUNTY LAND MANAGENERT ORDINANCE (DRAFT) RICMXOND COU87Y, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGI No. 350

ARTICLE 5 -DEFINITIONS

5-1
GENERAL USAGE

For the purpose of this Ordinance, certain words and
terms are herein defined as follows:

Words used in the present tense include the future
tense; words in the singular number include the
plural number and words in the plural number
include the singular number; unless the obvious
construction of the working indicates otherwise.

The word "shall" is mandatory.

Unless otherwise specified, all distances shall be
measured horizontally and at right angles to the
line in relation to which the distance is
specified.

The word "building" includes the word "structure";
the word "lot" includes the words "plot" and
"parcel".

The word "used" shall be deemed also to include
"erected"I "reconstructed", 11altered", "placed",
or "moved".

The terms "land use" and "use of land" shall be
deemed also to include "building use" and "use df
a building".

The word "State" means the Commonwealth of
Virginia.

The word "County" means Richmond County, Virginia,
and the terms "county boundary" means any exterior
boundary of the county or any boundary of
unincorporated territory within the county.

The word "person" includes a firm, association,
organization, partnership, trust, company, or
corporation as well as an individual.

The term "Code of Virginia" shall include 1@as
amended".

The word "adJacent". means "nearby" and not
necessarily "contiguous".

RICHMOND COUNTY LAND MANAGEMENT ORDIHAHC9 (DRAFT) RICHKOND COUNTY, VIRGINIA
PR9PAR9D BY DAVID L. KLIPPIIGER, AICP TOM AND COUNTRY PLANNING CONSULTANT PAGS NO. I

5-2 INTERPRETATION BY THE LAND USE ADMINISTRATOR

in case of any dispute over the meaning of a word,
phrase or sentence, whether defined herein or not, the
Land Use Administrator Is hereby authorized to make a
definitive determinatlon`@'thereof, being guided in such
determination by the purposes and intent of this
Ordinance, provided however that an appeal may be taken
from any such determination as provided in Section 2-4.

5-3 DEFINITIONS

Accessory Dwelling: A subordinate dwelling of no more
than 1,000 squre feet or fifty percent (50%) of the
square feet of the principal dwelling in whom's
building envelope the accessory dwelling has been
constructed.

Accessory Structure: A structure detached from a
principal building on the same lot and customarily
Incidental and subordinate to the principal building or
use.

Accessory Use: A use of land or of a building or
portion thereof customarily incidental and subordinate
to the principal use of the land or building and
located on the same lot with such principal use.

Accreation: The creation of land by the recession of a
lake or stream or by the gradual deposit of solid
material by water.

Acre: A measure of land area containing 43,560 square
f e e t .

Administrator: The representative of the Governing
Body who has been appointed to serve as the aqent of
the Governing Body In administering this Ordinance.
The Land Use Administrator is hereby designated as
Administrator of this Ordinance.
Agriculture: The'production, keeping or maintenance,
for sale f lease or personal use, of plants and animals
useful to man, including but not limited to forages and
sod crops; grains and seed crops; dairy animals and
dairy products, poultry and poultry products;
livestock, including beef cattle, sheep, swine, horses,
ponies, mules, or goats, or any mutations or hybrids

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOVX AND COUNtR I PLANNING CONSULTANT PAGE No. 2

thereof, includij,ig thu breeding and grazing ot aiiy or
all of such animals, bees and apiary products; fur
animals; trees and forest products; fruits of all
kinds, including grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; or
lands devoted to a soil conservation or forestry
management program.

Alley: A public or private way affording secondary
means of access to abutting property.

Alteration: Any change or rearrangement In the
supporting members of an existing building, such as
bearing walls, columns, beams, girders or interior
partitions, as well as any change in doors or windows,
or any enlargement to or diminution of a building or
structure, whether horizontally or vertically, or the
moving of a building or structure from one location to
another.

Amenity: A natural or man-made feature which enhances
or makes more attractive or satisfying a particular
property.

Applicant: A person submitting an application for
development.

Archaeological Site: Land or water areas which show
evidence or artifacts of human, plant or animal
activity, Usually dating froin period of which only
vestiges remain.

Base Flood/One-Hundred Year Flood: A flood that, on
the average, is likely to occur once every 100 years
(i.e., that has a one,(l) percent chance of occurring
each year, althOUgh the flood may occur In any year.)

Base Zoning District: Any section of Richmond County,
Virginia, for which regulations governing the use of
buildings and land, the height of buildings, the size
of yards, and the intensity of use are uniform.

Basement: A "basement" Is a story (or portion of a
story) partly belpw ground level, with at least one-
half of its height (measured. from floor to ceiling)
above ground level. On through lots that ground level
nearest to a story (or portion of a story) shall be
Used to determine whether such story is a basement.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. J

Beach: The zone of sedimentary material that extends
landward from mean high water level to the place where
there Is marked change ih material of form, or the line
of permanent vegetation.

Berm: A mound of soil, either natural or man-made,
planted with grass-.o'r other vegetation, and used as a
view obstruction or for water control.

Best Management Practices (BMPs): A practice, or a
combination of practices, that Is determined by a state
or designated area-wide planning agency to be the most
effective, practical means of preventing or reducing
the amount of pollution generated by nonpoint sources
to a level compatible with water quality goals.
I

Bike/Hike Trail: A pathway, often paved and separated
from streets, designed for bikers and pedestrians.

Block: A unit of land bounded by streets or by a
combination of streets and public land, waterways, or
any other barrier to the continuity to development.

Board of Zoning Appeals (BZA): The.board appointed to
grant variance relief where warranted and to review
appeals made by Individuals with regard to decisions of
the Land Use Administrator in the interpretation of all
sections of Article 3.

Boathouse: A roofed structure for the wet or dry
storage of one or more boats.

Buffer: An area within a property or site, generally
adjacent to and parallel with the property line or
designated natural feature, either consisting of
natural existing vegetation or created by the use of
trees, shrubs, fences, and/or berms, designed to
continuously limit view of and/or sound from the site
to adjacent sites or properties or to maintain
vegetation, absorb.runoff or protect steep slopes and
shorelines.

Building: Any structure having a roof supported by
columns or walls and Intended for the shelter, housing
or enclosure of any Individual, animal, process,
equipment, goods or material s of any kind or nature.

RICHMOND COUNtl LAND MANAGEMENT ORDINANCE (DRAFTJ RICHMOND COUNTY, VIRGINIA
PREPARED Br DAVID L. ALIPPINGER, AICP TOYN AND COUNTRI PLANNING CONSULTANT PAGE NO. 4

Building Envelope: The three-dimensional space within
which a structure is permitted to be built on a lot and
which is defined by maximum height regulations, yard
setbacks, and other regu4ations.

Building Setback Line: A line parallel to Lhe street
line at a distance therefrom equal to the depth of the
front yard required for the zoning district in which
the lot is located.

capped System: A completed water supply and/or
sewerage system put In place for future use (contingent
upon expansion or availability at connections), rather
than to meet immediate development needs.

Cemetery: Any land or structure used or intended to be
used for the interment of human remains, with or
without sale of lots. The sprinkling of ashes or their
burial in a biodegradable container on church grounds
shall not constitute creation of a cemetery.

Certificate of Compliance: Certification by the Land
Use Administrator that plans are in compliance with the
Land Management ordinance.

Certification of occupancy: A certificate issued by
the County Building Official certifying that a
structure is In compliance with all. applicable
requirements of the Uniform Statewide Building Code and
County Building ordinance after notification by the
Land Use Administrator that all other necessary permits
and approvals have been obtained and required
bonds/surety have been found to be satisfactory and
accepted by the County.

Channel: The bed and banks of a natural stream which
convey the constant or intermittent flow of the stream.

Channelization: The straightening and deepening of
channels and/or the surfacing thereof to permit water
to move rapidly and/or directly.

Chesapeake Bay Preservation Area (CBPA): Any land
designated by the Richmond County Board of Supervisors
pursuant to Part III of the Chesapeake Bay Preservation
Area Designation and Management Regulations, VR 173-02-
01, and Section 10.1-2107 of the Code of Virginia,
1950, as amended. A Chesapeake Bay Preservation Area
shall consist of a Resource Protection Area and a
Resource Management Area.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTYr VIRGINIA
PREPARED BY DAVID L*. KLEPPIEGER, AICP TOYN AND COUKTqy PLANNING CONSULTANT PAGE NO. 5

Clear Iny: Aliy activity which Includes, but Is not
limited to, removal of vegetative ground cover, root
mat and/or top soil.

Cluster: A development design technique that
concentrates buildings in specific areas on the site to
allow the remaining -land to be used for recreation,
common' open space,- and preservation of sensitive
natural and significant cultural features.

College: An educational Institution authorized by the
Commonwealth to award associate or higher degrees.

Commission: The Richmond County Planning Commission.

Community Impact Assessment,: An assessment of a
proposed development's impact on the fiscal, and
sociall, well-being of the community, Including measured
effects on the provision of government services,
transportation systems, and commerce.

Comprehensive Plan: The Richmond County Comprehensive
Plan.

Condominium: Real property and any incidentals thereto
or interests therein which have been or are to be
lawfully established as such under the Virginia
Condominium Act.

Conuervation Easement: An easement precluding all or
specified future or additional development of the land.

Construction Footprint: The area of all Impervious
surface Including, but not limited to, buildings, roads
and rives, parking areas, and sidewalks and area
necessary for construction of such Improvements.

Construction Plans: Engineering plans for construction
of streets., utilities and other improvements.

Conventional Develbpment: Development which consumes
the entirety of a parcel -with streets and lots and
which is not characterized by the provision of common
open space.

common Open Space: An open space area within or
related to a site designated as a site plan or
subdivision, and designed and Intended for the use or
enjoyment of residents and-owners. Common open space
may contain such complementary structures and

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY FWRING COKSULTANT PAGE NO. 6

improvements at; are necessary and appropriate for the
use or enjoyment of residents and owners of the
development.

Cul-de-Sac: A minor street having but one end open for
vehicular traffic and with the other end permanently
terminated by a turnaround or backaround for vehicles.

Days: Calendar days.

Density: The number of dwelling units per unit of
land.

Detention Basin: A man-made or natural water collector
facility designed to collect surface and subsurface
water In order to Impede Its flow and to release the
same gradually at a rate not greater than that prior to
the development of the property, Into natural or man-
made outlets,

Developer: The legal or beneficial owner or owners of
a lot or of any land proposed to be included in a
proposed site plan or subdivision, including the holder
of an option or contract to purchase, or any other
person having enforceable proprietary interest in such
land.

Development: The division of land into two or more
parcels; any man-made change to improved or unimproved
real estate, Including, but riot limited to, buildings
or other structures, the placement of manufactured
homes, streets, and other paving, utilities, filling,
grading, excavating, mining, dredging, or drilling
operations.

Diameter at Breast Height (BDH): The diameter of a
tree measured outside the park at a point 4.5 feet
above the ground.

District or Soil and Water Conservation District: The
Northern Neck Soil and Water Conservation District, a
political subdivision of the Commonwealth organized in
accordance with Title 21, Chapter 1, of the Code of
Virginia,

Docks: See Piers.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L, KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. I

Drainage: The removal of surface water or qrouridwater
f rorn land by drains, 'grading, or other means. Th 15
Includes control of ' runoff during and after
construction or development to minimize erosion and
sedimentation to assure the adequacy of existing and
proposed culverts and ' bridges, to induce water recharge
Into the ground where practical, to lessen nonpoint.
pollution, to maintain the Integrity of stream channels
for their biological functions as well as for drainage,
and the means necessary for water supply preservation
or prevention or alleviation of flooding.

Drainage System: The system through which water flows
from the land, including all watercourses, water bodies
and wetlands.

DrIpline: A vertical projection to the ground surface
from the furthest lateral extent of a tree's leaf
canopy.

Driveway: A paved or unpaved area used for ingress or
egress of vehicles, and allowing access from a street
to a building or other structure or facility.

Dwelling: A room or group of rooms within a buildincl
and constituting a separate and Independent
housekeeping unit occupied or intended to be occupied
by one family, and containing kitchen, living, sleeping
and sanitary facilities. Definition shall include
buildings containing both one and two dwelling units.

Easement: An authorization by a property owner for use
by another of any designated part of his property for
one or more specified purposes, which purposes are
consistent with the general property xIqhts of the
owner.

Environmental Constraints: Features, natural
resources, or land characteristics that are sensitive
to modification an@ may require conservation measures
or the application of creative development techniques
to prevent degradation of the environment, or may
require limited development, or In certain instances
may preclude development.

Erosion: The detachment and movement of soil or rock
fragments by water, wind, Ice, and gravity.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 8

Erosion Impact Area: An area of land not associated
with current land-disturbing activity but subject to
persistent soil erosibn resulting in the delivery of
sediment onto neighboring properties or into state
waters. This definition shall not apply to any lot or
parcel of land one acre or less used for residential
purposes or to shorelines where the erosion results
from wave action or.other coastal processes.

Erosion and Sediment Control Plan or Plans: A document
containing materials which describe proposed measures
to be taken for the purpose of conserving soil and
water resources of a unit or group of units of land.
It may include appropriate maps, appropriate soil and
water inventory, management information with needed
interpretations, and a record of decisions contributing
to conservation treatment. 'The plan shall contain all
major conservation decisions so that the entire unit or
units of land will be so treated to achieve the
conservation objectives set forth in this Ordinance.

Escrow: A deed, bond, money, or a piece of property
delivered to a-third person to be delivered by him to
the grantee only upon fulfillment of a condition.

Excavating: Any digging, scooping or other methods of
removing earth materials.

Exempt Subdivision: See Subdivision

Family: An individual or two (2) or more persons
related by blood, marriage or adoption, or a group of
not more than four (4) unrelated persons, occupying a
single dwelling unit. For purposes of single family
residential occupancy, this term shall be deemed to
encompass group homes or other residential facilities
licensed by the Virginia Department of Mental flealth,
Mental Retardation and Substance Abuse Services
occupied by not more than eight (8) mentally ill,
mentally retardedl or developmentally disabled persons
together with one (1) or more resident counselors.
Mental illness Wnd development disability does not
include current illegal use of or addition to a
controlled substance as defined in Section 54.1-3401 of
the Code of Virginia.

Family Subdivision: The division of land and its
transfer to a family member defined as any person who
is a natural or legally defined offspring, spouse, or
parent of the owner.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAF11 RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOYN AMD COUNTUPLANXING CONSULTANT PAGE NO. 5

Fa r r(i o rFarraland A parcel of land used f or
agricultural activities.

Farm Structure: Any building or structure used for
agricultural purposes.

Filling: Any depositing or stockpiling of earth
materials.

Filtered View of the River: The maintenance or
establishment of woody vegetation of sufficient density
to screen development from the river, to provide for
streambank stabilization and erosion control, to serve
as an aid to infiltration of surface runoff, and to
provide cover to shade the water. It means no clear-
cutting.

Flag Lot: A lot whose building envelope does not front
on or abut a public road and where access to the public
road Is by a narrow, private right-of-way.

Flood: A general and temporary inundation of normally
dry land areas.

Flood plain: Those areas of R5chfnond County subject to
inundation by water of the one hundred (100) year flood
as described by the Flood Insurance Study for Richmond
County and shown on the Flood Insurance Rate Map
series, both prepared by the Federal Emergency
Management Agency and dated March 16, 1989.

Flood-Prone Area: Any land area susceptible to being
inundated by water from any source.

General Development Plan: A plan outlining general,
rather than detailed, development intentions. it
describes the basic parameters of a major development
proposal, rather than giving full engineering details.
As such, It allows general intentions to be proposed
and discussed without the extensive costs Involved in
submitting a detailed proposal.

Governing Body: The Board of Supervisors of Richmond
County.

Governmental Activity: Any or all of the services
provided by this County to its citizens for the purpose
of maintaining this County and shall Include, but shall
not be limited to, such. services as constructing,
repairing and maintaining roads, sewage facilities,

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID b. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE 10, 10

supply and treating water, street lights and
construction of public buildings.

Grade: The slope of a street, or other public way, or
land area specified in percentage (%) terms.

Grading: Any excavating or filling of earth materials
or any combination thereof, including the land in its
excavated or filled condition.

Greenbelt: An open area which may be cultivaLed or
maintained In a natural state surroungind development
or used as a buffer between land uses or to mark the
edge of an urban or developed area.

Ground Cover: Low-growing plants or sod that in time
form a dense mat covering the area in which they are
planted preventing soil from being blown or washed away
and the growth of unwanted plants.

Health officer: The Health Officer or Sanitarian of
Richmond County.

Height, Building: The vertical distance to the highest
point of the roof for flat roofs; to the deck line of
mansard roofs; and to the averaqe height between eaves
and the ridge for gable, hop and gambrel roofs measured
from the grade level in all other cases.

Historic -Site,: A structure, place, setting or area of
outstanding, historic and cultural significance and
designated,as such by the Commonwealth or the federal
government.

Home Occupation: Any activity carried out for gain by
a resident conducted as permitted accessory use in the
resident's dwelling unit.

Homeowners' Association: A community association,
other than a condominium association, which is
organized In a development in which individual owners
share common interests In open space or facilities.

Impact Analysis: A study to determine the effect of a
proposed development on activities, utilities,
circulation, surrounding land uses, community
facilities, environment and other factors directly,
indirectly or potentially affected.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO, 11

Impervious cover: A surface composed of any material
that significantly impedes or prevents natural
Infiltration of water Into the soil. Impervious
surfaces include, but are not limited to: roofs,
buildinqs, streets, parking areas, and any concrete,
asphalt, or compacted gravel surface.

Incentive Zoning: The granting by the plan-approving
authority of additional development capacity In
exchange for the developer's provision of a public
benefit or amenity.

Individual Sewage Disposal System: A septic tank,
seepage tile sewage disposal system, or any other
approved sewage treatment device serving a single unit.

Ingress/Egress: Access or entry in and out of parking
areas.

Intersection: The area embraced within the
prolongation of the lateral boundary lines of two or
more streets which join one another at an angle whether
or not one such street crosses the other.

Land-Disturbing Activity: Any land change which may
result in soil erosion from water or wind and the
movement of sediments Into state waters or onto lands
in the Commonwealth, including but not limited to,
clearing, grading, excavating, transporting and filling
of land, except that the term shall not include:

1) Minor land disturbing activities such as home
gardens and Individual landscaping, repairs and
maintenance work;

2) Individual service connections;

3) Installation, maintenance or repair of any
underground Public utility lines when such
activity occurs on an existing hard surfaced road,
street or sidewalk provided the land-disturbing
activity is confined to the area of the road,
street or sidewalk which is hard surfaced;

4) Surface or deep mining;

5) Exploration or drilling for oil and/or gas
Including the well site, roads, feeder lines and
off-site disposal areas-;

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 12

6) Tilling, planting, or harvesting of agricultural,
horticultural, or forest crops or livestock
feedlot operations; including engineering
operations as follows: construction ot terraces,
terrace outlets, check dams.. desilting basins,
dikes, ponds, ditches, strip cropping, lister
furrowing, contour cultivating, contour furrowing,
land drainage and land irrigation;

7) Repair or rebuilding of the tracks, right-of-way,
bridges, communication facilities and other
related structures and facilities of a railroad
company;

8) Agricultural engineering operations including but
not limited to the construction of terraces,
terrace outlets, check dams, desilting basins,
dikes, ponds not required to comply with the Dam
Safety Act, Chapter 8. (Section 62.1-115.1 et.
seq.), ditches, strip cropping, lister furrowing,
land drainage and land Irrigation;

9) Disturbed land areas of less than 2,500 square
feet In size;

10) Installation of fence and sign posts or telephone
and electric poles and other kinds of posts or
poles;

11) Shore erosion control projects on tidal waters
when the projects are approved by the Hic"riniond
County Wetlands Board, the Virginia Marine
Resources Commission or the LI.S. Army cc-)rps of
Engineers;

12) Fwergency work to protect life, liftib or pro.perty
and emergency repairs, however, if the land-
disturbing activity would have required an
approved erosion and sediment control plan, it the
activity were not an emergency, then t')e lano area
disturbed shall be shaped and stabilized In
accordance vilth the requirements of the plan-
approving authority.

Land-disturbing Permit: A permit issued by the County
of Richmond for clearing, filling, excavation, qrading
or transporting, or any combination thereof.

RICHHOND COUNTY LAND MANAGEMENT ORDINANCE JDRAFT) RICHOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRI PLANNING CONSULTANT PAGE NO. 1)

Littoral Drift: The. transportatlon of grains of sand
due to water action produced by winds and currents.

Lot: A portion of a subdivision or other parcel of
land Intended for the transfer of ownership or for
building development, whether immediate or future.

Lot Area: The tot al horizontal area within the lot
lines of the lot and expressed In terms of acres or
square feet.

Lot, Corner: A lot abutting upon two or more streets
at their intersection where the interior angle of
Intersection Is not greater than 135 degrees. A lot
abutting upon a curved street shall be considered a
corner lot If the tangents to the curve at the points
of Intersection of the side lot lines intersect at an
Interior angle of less than 135 degrees.

Lot Depth: The average horizontal distance between the
front and rearlot lines.

Lot, Double Frontage: A lot, other than a corner lot,
which has frontaqe on two streets.

Lot Frontage: That portion of a lot extending along a
street line or upon a water body, beach or wetland as
the case may require.

Lot, interior: Any lot neither a corner lot nor a
through lot.

Lot Line: The boundary line of the lot.

Lot Line, Front: A front lot line Is a street line.

Lot Line, Rear: Any lot line, except a front lot line,
which is parallel or within 45 degrees of beinct
parallel to, and does riot intersect, any street line
bounding such lot..

Lot of Record: Any lot legally recorded in the clerk's
Office of the Richmond County Circuit Court.

Lot Line, Side: Any lot line which is not a front loL
line or a rear lot line.

RICHHOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, A1CP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 14

Lot, Through: Any lot, not a corner lot, which adjoins,
two street lines opposite to each other and parallel or
within 45 degrees of being parallel to each other.

Lot, Waterfront: A lot that includes, touches upon, or
is within 100 feet of the mean low water mark of a
natural or man-made body of water or a beach or
wetland.

Lot Width: The horizontal distance between the side
lot lines measured at the front building setback line.

Maintenance Bond: Any security that is acceptable to
the governing body to assure the maintenance of
approved installations by developers.

Maintenance.Guarantee: Any -security, other than cash,
that may be accepted by the County for the maintenace
of any required improvements.

Manufactured Home: A structure subJect to federal
regulation, which Is transportable in one or more
sections; is eight body feet or more in width and forty
body feet or more in length in the traveling mode, or
is 320 or more square feet when erected on site; is
built on a permanent chassis; is designed to be used as
a single-family dwelling, with or without a permanent
foundation, when connected to the required utilities;
and includes the plumbing, heating, air conditioning,
and electrical 5y5tems contained ill the structure.
(Code of Virginia, Section 36-85.3)

manufactured Home Park; A tract (if land or a
combination of tracts of land under sirlqle ownership or
management which has been designed, constructed,
equipped, operated and maintained for the placement of
two (2) or more manufactured homes.

Manufactured Home Subdivision: A manufactured home
subdivision Is an area designed to accommodate one or
more manufactured homes or modular homes on individual
lots which may be -offered for sale under the terms of
this ordinance and the County Subdivision ordinance.

Marina: A publicly or privately-owned facility which
serves five (5) or more boats as a commercial
enterprise or in association with a club and w1iich
provides for one or more of the following: boat
storage, boat launching, sale of marine supplies and
services, bait and tackle shops, marine fuel services,

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTYr VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNT'RY PLANNING CONSULTANT PAGE 10. 15

watercraft sales and related accessories, related
mooring, docking and slip facilities, rental dockinq or
tie-up services, related.,.plers and floats.

Marine Railways: A pair of sloping tracks used to
launch watercraft.

Mobile Home: A m obile home is a structure,
transportable In one or more sections, which In the
traveling mode Is 8 body feet or more in width or 40
body feet or more in length, or, when erected on site,
Is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling
with or without a perman.ent foundation when connected
to the required utilities, and Includes the plumbing,
heating, air conditioning 'and electrical systems
contained therein that can be retracted when
transported and subsequently expanded for additional
capacity, or of two or more units separately
transportable but designed to be Joined and Joined into
one Integral unit.

mooring Buoy: An anchored floating device for the
purpose of securing a water craft.

Multi-Family Dwelling: A structure arranged or
designated to be occupied by two or more families.

Non-Conforming or Non-Conformity: A non-conforminq use
Is any lawful use, whether of a millding or o t h e r
structure or of a tract of land, which does not conlorm
to any one or more of the applicable regulations of the
district in which It Is located, either on the
effective date of this Ordinance or as a result of any
subsequent amendment thereto.

However, no existing use shall be deemed non-conform-
ing, nor shall a non-conformity be deemed to exist,
solely because of any of the following:

a. The existence, of less than the required accessory
off-street parking or loading spaces; or

b. The existence of non-conforming accessory signs.

The casual, intermittent, temporary or illegal use of
land or buildings shall not be sufficient to establish
the existence of a non-conforming use, and the exis-
tence of a non-conforming use on a part of a lot shall

RICHMOND COUNTY LAND HARAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. AtEPPINGER, AICP TOWN AND COUNTRY PLANNIXG CONSULTANT PAGE $0. 16

not be construed to establish a non-conforminq use on
the entire lot.

Nonpoint Source Pollution: Pollution consisting of
constituents such as sediment, nutrients, and organic
and toxic substances from diffuse sources, such as
run-off from agricultural and urban land development
and use.

Nontidal Wetlands: Those wetlands other than tidal
wetlands that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support
a prevalence of vegetation typically adapted for life
in saturated soil conditions, as defined by the U.S.
Environmental Protection Agency pursuant to Section 4U4
of the Federal Clean Water 'Act, in 33 C.F.R. 328.3b,
dated November 13, 1986.

Noxious Weeds: Weeds that are difficult to control
effectively, such as Johnson Grass, Kudzu, and
multiflora rose.

Open Space: Any parcel or area of land or water
essentially unimproved and set aside, dedicated,
designated or reserved for public or private use or
enjoyment or for the use and enjoyment of owners and
occupants of land adjoining or neighboring such open
space; provided that such areas may be improved with
only those buildings, structures, streets, and
off-street parking and other improvements that are
designed to :be incidental to the natural openness of
the land.

Outdoor Storage: The keeping, In an unrooted area of
any goods, Junk, aterial, merchandise, or vehicles in
the same place for more than twenty-four hours.

Overlay Zoning Districts: Zoning districts which
extend on top of a base zoning district and are
intended to protect certain critical features and
resources or provide for desired community goals.
Where the standards of the overlay and base zoning
district are different, the more restrictive standard
shall apply.

Owner: The owner or owners of the freehold of the
premises or lesser estate therein, a mortgagee or
vendee In possession, assignee of rents, receiver,

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L KLEPPINGER, AICP TOWM AND COUNTRY PLANNING CONSULTANT PAGE NO 11

executor, trustee, lessee or o t I-, e r person, f Irm or
corporation In control of a property.

Perc Test (Percolation Test): A test designated to
determine the ability of ground to absorb water, and
used In determining the suitability of a soil tor
drainage or for the..use of a septic system.

Performance Guarantee: Any security, Including cash,
which may be accepted by the County to ensure
Installation of required subdivision and/or site plan
Improvements; provided that the County shall not
require more than 10 percent of the total performance
guarantee In cash.

Permit Holder: The person to'whom a permit authoyizing
land-disturbing activities is issued or the person who
certifies that the approved plan will be followed.

Person: Any individual, partnership, firm,
association, joint venture, public or private
corporation, trust, estate, commission, board, public
or private institution, utility, cooperative, county,
city, town, or other political subdivision of the
Commonwealth, any interstate body, or any other legal
entity.

Pervious surface: Any material that permits full or
partial absorption of storm water into previously
unfi-ftproved land.

Piers and Docks: Structures which abut the shoreline
and are used as a landing or moorage place for
commercial and pleasure craft. Piers are built on
fixed platforms above the water,'while docks float upon
the water.

Plan Approving Authority: The authority desiqllated by
the County Ordinance as responsible for determining the
consistancy of a plan with this Ordinance and
authorized to appr6ve or deny said plan.

Plan of Development: The process for site plan or
subdivision plat review to ensure compliance with
Section 10.1-2109 of the Code of Virginia and this
ordinance, prior to any clearing or arading of a site
or the issuance of a building permit.

Planninq Commission: Trie . Richmond County Planning
commission.

RICHMOND COUNTI LAND MANAGEMENT ORDINANCE (DRAFII RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. ALIPPIXGER, AICP im AND COUNTRY PLANNING coxsntur PAGE NO. I I

Plat: A map or maps of a subdivision.

Pre-Application Conference: An initial meeting between
developers and County representatives which affords
developers the opportunity to present their proposals
inf or mal I y.

Preliminary Approval: The conferral of certain rights
prior to final approval after specific elements of a
development plan have been agreed upon by the Agent and
the applicant.

Preliminary Subdivision Plat: A map indicatinq the
proposed layout of a development or subdivision and
related information that Is submitted for preliminary
approval. I I
Primary Highway: A highway designated as a Virginia
Primary Highway or U.S. Highway by the Virqirtia
Department of 1'ransportation.

Primary Service Area: A defined reqion, not alwov_@@
coincidental with a municipality's corporate boundary,
that defines the geographical limit of government
supplied public facilities and services.

Principle Use: T h e main use of land or strLICLures as,
distinguished froin a secondary or accessory use.

Public open Space: An open space area coijveyed or
otherwise dedicated to a municipality, municipal
agency, school board, state or county agency, or other
public body for recreational or conservational uses.

Public Water in(] Se-wer Service or System: A water or
sewer system owned and operated by a municipality or
county, or owned and operated by a corporation approved
by the governing body and properly chartered and
certified by the State Corporation Commission, and
subject to special regulations as herein set forth.

Recreational Vehicle: "Recreational Vehicle" means any
vehicle, with or without collapsible sides, designed,
used, or maintained for use as a conveyance upon
highways, either self-propelled or designed to be towed
by another vehilce, ana which is so designed and
constructed as to permit occupancy thereof as a
temporary dwelling or sleeping place for one or more
persons. The term "recreat.i.onal vehicle" shall include

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 19

tile terms "camper", camp trailer, "travel
trailer, "self-propelled motor home", "motor home",
"camper vehicle", and "R-V".

Regulations: The whole body of regulations, text,
charts, diagrams, notations, and references contained
or referred to in this ordinance.

Residence, or Residential: A residence is a building
or part of a building containing dwelling units,
including one-family or two-family houses, and multiple
dwellings. However, residences do not include:

Such transient accommodation as hotels, motels,
trailer camps, or mobile homes, or

Dormitories, fraternity or sorority houses,
monasteries, or convents, or

Nurses' residences, sanitariums, nursinq homes, or
other similar living or sleeping accommodations.

Residential means pertaining to a residence.

Residential Density: The number of dwelling units per
gross acre of residential land area, with qross acres
including all the land area, includinq streets,
easements, and open space portions of a development.

Resource Management Area (RMA): That component of the
Chesapeake Bay Preservation Area not classified as the
Resource Protection Area. RMA's include land types
that, if Improperly used or developed, have the
potential for causing significant water quality
degradation or for diminishing the functional value of
the Resource Protection Area.

Resource Protection Area (RPA): That component of the
Chesapeake Bay Preservation Area comprised of lands at
or near the shoreline that have an Intrinsic water
quality value due to the ecological and biological
processes they perform or are sensitive to Impacts
which may result In significant degradation to the
quality of state waters.

Resource Protection Area (RPA) Buffer: An area of
natural or established vegetation managed to protect
other components of a Resource Protection Area and

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE NO. 20

state waters from significant degradation due to
disturbances.

Resubdivision: See SubdIvision.

Retaining Wall: A structure erected between lands of
different elevation to protect structures and/or to
prevent the washing down or erosion of earth from the
upper slope level.

Retention Basin: A pond, pool or basin used for the
permanent storage of water runoff.

Right-of-Way: A strip of land occupied or intended to
be occupied by a street, crosswalk, railroad, road,
electric transmission line, qas pipeline, water main,
sanitary or storm sewer main, drainage ditch, shade
trees, or for another special use.

Right-of-Way Line: A dividing line between a lot,
tract or parcel of land and a contiguous street.

Roadway: The portion of a street or highway available
for and Intended for use by motor vehicle traffic;
generally the paved portion of the street or highway.

Screen: A structure or planting consisting of fencing,
berms, and/or evergreen trees or shrubs providing a
continuous view obstruction within a site or property.

SCS: Soil Conservation Service.

Secondary Highway: A hiqhway designated as a Virginia
Secondary highway by t h e Virginia Department of
Transportation.

Sedimentation: The deposit of soil that has been
transported from its site of origin to water, ice,
wind, gravity, or other natural means as a product of
erision.

Septic System: An underqround system with a septic
tank used for the decomposition of domestic wastes.

Septic Tank: A water-tight receptacle that receives
the discharge of sewage.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER AICP TOWN AND COUNTY PLANNING CONSULTANT PAGE NO. 21

Service Drive: A minor street which Is parallel to and
adjacent to a major thoroughfare, and which provides
access to abutting propq-rties and restricts access to
the major thoroughfare.

Setback: The horizontal distance between the street
right-of-way line @i.nd the front line of a building or
any projection thereof, excluding uncovered steps, or
the horizontal distance between the side or rear line
of a building or any projection thereof, excluding
uncovered steps, and the side or rear lot line. Setback
may also be specified from a designated physical
feature such as a water body, beach, or wetland.

Sewer: Any pipe conduit used to collect and carry away
sewage or storm water runoff Irom the generatinq source
to treatment plants or receiving streams.

Shade Tree: A tree in a public place, street, special
easement, or rigi it-of-way adjoining a street.

Sight Triangle: A triangular-shaped portion of lan(-*i
established at street intersections and entrances onto
stzuets In which nothing is permitted to be erected,
placed, planted or allowed to grow in a manner that
limits or obstructs the sight distance of motorists,
bicyclists or pedestrians traversing or using the
Intersection or entrance.

S I gn: Any wr I t I nq ( I nc 1 ud I ng le t te r , word or nurite ra I
pictorial representation (Including Illustration or
decoration); emblem (including device, symbol, or
trademark); flag (Including banner or pennant); or any
other figure of similar character, which is a structure
or any part thereof, or Is attached to, painted un, or
In any other manner represented on a building or other
structure, and is used to announce, direct attention
to, or advertise.

Silviculture: The development and/or maintenance of a
forest or wooded pteserve.

Site Plan: The development plan for a project or a
sudivision on which is shown the existing and proposed
conditions including topography, vegetation, drainage,
floodplains, wetlands, waterways, location and bulk of
buildings, density of development, open space, public
facilities, landscaping, structures and signs and suen
other information as reasonably may be required in
order that an informed decision can be made by the

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT)
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLAN#1KG CONSULTANT PAGE NO. 22

approving authority. For certain projects such as
condominium or townh *ouse projects or water-dependent
facilities, the term is used synonymously with
subdivision plat, prelimt-nary and final.

Sketch Plan/Plat: A preliminary presentation or sketch
plan and attendant docui-tientation of a proposed
subdivision or a site plan of sufficient accuracy to be
Used for the purpose of discussion and classification.

Slope: The degree of deviation of a surface from the
horizontal, usually expressed In percent or degrees.

Special Use: A use permitted in a particular zoning
district only upon a showing that such use In a
specified location will colnply with the intent and
purpose of the zoning district.

Special Use Permit: A permit issued I)y the r1roi:)er
plan-approving authority which must be acquired beiore
a special use can be constructed.

Spot Zoning: Rezoning of a lot or parcel of land to
benefit an owner for a use incompatible with
surrounding uses and not for the purDose or effect of
furthering the Compreriensive Plan.

State Waters! All waters on the surface and under the
ground wholly or partially within or bordering trie
Commonwealth or within its jurisdiction.

Storm Water Detention: A provision for storage of
storm water runoff and the controlled release of such
runoff during and after a flood or storm.

Storm Water Retention: A provision for storaqe of
storm water runoff.

Street: A public or private thoroughfare which affords
the principal means of access to abutting properties,
and whether designated as a freeway, expressway,
thoroughfare, highway, road, parkway, avenue,
boulevard, lane, place, circle, or however otherwise
designated.

SLreet Width: The horizontal distance between street
lines measured perpendicular to the street center.line.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUSTY, VIRGINIA
PREPARED BI DAVID L. XLEPPINGER, AJCP TOWN AND CO(INTRY PLANNING CONSULTANT PAGE NO. 23

structure: Anything constructed or erected on the
ground or which Is attached to something located on the
ground. Structures Include buildings, radio and TV
towers, sheds, and permanent signs. It excludes
vehicles, sidewalks, and paving.

Subdivide: The process of dealing with land so as to
establish a subdivision as defined herein.

Subdivider: Any Individual, firm, partnership,
association, corporation, estate, trust, or any other
group or combination, acting as a unit, dividing or
proposing to divide land so as to constitute a
subdivision as defined herein, and including any agent
of the subdivider.

Subdivision: The division of any tract or parcel of
land Into two or more tracts, parcels, lots, or
building sites, for the purpose, whether immediate or
future, of transfer of ownership or for development;
provided, however, that the following, If no new
streets are created or existing streets chanqed, shall
not be considered subdivisions within the meaninq of
this ordinance and therefore axe e x e mp t ed f r om
application of the design standards and review
procedures of this ordinance:

a. The sale or exchanqe of parcels between adjoining
property owners where such sale or exchanqe does not
create additional building sites or create a lot or
parcel which does not meet the minimum area and
dimensional requirements of this or other County
ordinances.

b . Th e combination or recombination of portions of
previously subdivided lots where the total number of
lots Is not increased and the resultant lots comply
with the minimum area and dimensional requirements of
this and other County ordinances.

C. The division of a tract of land In order that one
or more of the resulting parcels may be used as part of
a well lot, public utility right-of-way, or other
public or private right-of-way other than a street,
provided no additional buildinq lots are created.

d. The partition of lands by court order or by
testamentary or Intestate provisions.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER AICP TOWN AND COUNTRY PLANNING CONSULTANT PACE No. 24

e. Where a viable dwelling unit exists on a large
tract of property, a lot may be created to include the
dwelling unit. Such a lot must meet the maximum area
and dimensional requirements of this or other County
ordinances. An existing legal right-of-way will be
sufficient to provide access to the lot as long as the
lot created is precluded from future subdivision by
deed restrictions. . I

f. Divisions of large tracts of property where the
resultant parcels shall be used for agricultural,
forestal or other undisturbed open space provided such
parcels are served by a riqht-of-way with a minimum
width of twenty-five (25) feet. The plats and deeds
for such parcels shall show the parcels are not for
residential or other use except as aforestated.

If new streets are created or existing streets changed,
the project shall be considered a subdivision
notwithstanding the above.

The term subdivision shall include resubdivision, and,
where appropriate to the context, shall relate to the
process of subdividing or to the land subdivided, and
shall Include establishment of any land area as a
common clemonL, limited or otherwise, in connection
with a condominium or similar project, construction or
conversion regardless of the number of parcels
involved, and shall include the establishment of any
new apartment, townhouse, or condominium project or any
waterfront or water-dependent facility sucli as a
marina, yacht club, community dock, pier or boat ramp,
or any waterfront business or waterfront industrial
establishment of whatever type.

Tidal Shore or Short--. Land contiguous to a tioal body
of water between the mean low water level and tfic, inuan
high water level.

Tidal Wetlands: Vegetated and nonvegetated wetlands as
defined in Section 62.1-13.2 of the Code of
Virginia,1950, as @kmended.

Townhouse: A one-family dwelling in a row of at least
three such units in which each unit has Its own front
and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other
unit by one of more common fire resistant walls.

RICHMOND COUNTY LAND HANAGEMENT ORDINANCE ?DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 25

Transpor tat I on: Any moving of earth materials frout one
place to another, other than such movement Incidental
to grading, when such a',movement results in destroying
the vegetative ground cover either by tracking or the
build-up of earth materials to the extent that erosion
and sedimentation will result from the soil or earth
materials over which.:�uch transportation occurs.

Tributary Stream: Any perennial stream that is so
depicted on the most recent U.S. Geological Survey
7-1/2 minute topographic quadrangle map (scale
1:24,000).

Undeveloped Land: Land in its natural state before
development.

Use: Any purpose for which a building or other
structure or lot may be desiqrjed, arranged, intended,
maintained, or occupied, and/or any activity,
occupation, business, or operation carried on, or
intended to be carried on, in a building or otner
structure or on-d lot.

Veqetation: Area of natural or established ground
cover which allows the natural Infiltration of water
Into the soil. vegetated buffer areas shall include,
but are not limited to those areas of any plant
material, grassy ground cover, woody veqetation, bush
and shrubs, etc.

Wayside Stand: A booth or stall no larger than 300
square feet located on a farm from which produce and
farm products originating from the premises are sold to
the general public.

Water-Dependent Facility: A development of land that
cannot exist outside of the Resource Protection Area
and must be located on the shoreline by reason of the
intrinsic nature of its operation. These facilities
include, but are not limited to: (1) ports; (2) the
Intake and outfali structures of power plants, water
treatment plants, sewaqe treatment plants, and storm
sewers; (3) marinas and other boat docking structures;
(4) beaches and other public water-oriented recreation
areas; and (5) fisheries or other marine resources
facilities.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFt) RICHMOND COUNTY, VIRGINIA
PRIPARED 81 DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT PAGE No. 26

Wetlands: Tidal (vegetated and nonvegetated) and
nontidal wetlands. Nonvegtated wetlands means all
that land lying contiguous to mean low water and which
land is between mean low water and mean high water riot
otherwise included in the term "vegetated wetlands" as
defined herein subject to flooding by tides including
wind tides but not including hurrican or tropical storm
tides. "Vegetated Wetlands" means all that land lying
between and contiguous to mean low water and an
elevation above mean low water equal to the factor 1.5
times the mean tide range at the site of the proposed
project in this county; and upon which Is growing on
the effective date of this act or grows thereon
subsequent thereto, any one or more of the following:
Saltmarsh cordgrass (Spartina alterniflora), saltmeadow
hay ( Spartina patens), saltgrass (Distichils spicata),
black needlerush (Juncus roemerianus), saltwort
(Salicornia sp.), sea lavender (Limonium sp.), marsh
elder (Iva frutescens), groundsel bush (Baccharis
halimifolia), wax myrtle (Myrica sp.), sea oxeye
(Borrichia frutescens), arrow arum (Peltandra
virginia), pickerelweed (Pontederia cordata), big
cordgrass (Spartina cynosuroides), rice cutgrass
(Leersia oryzoides), wildrice (Zizania aquatica),
bulrush (Scirpus validus), spikerush (Eleocharis sp.),
sea rocket (Cakile edentula), southern wildrice
(ZIzaniopsis miliacea), cattails (Typha spp.)
threesquares (Scirpus spp.), buttonbush (Cephalanthus
occidentalis), bald cypress (Taxodium distichum), black
gum (Nyssa sylvatica), tupelo (Nyssa aquatica), dock
(Rumex sp. ), yellow pond- lily (Nuphar sp.), marsh
fleabane (Pluchea purpurascens), royal tern (0smunda
reqalis), marsh hibiscus (Hibiscus moscheutos),
beggar's tick (Bidens sp.), smartweed (Polygonum sp.),
arrowhead (Sagittaria spp.), sweet flag (Acorus
calamus) , switch qrass (Panicum . virgatum), water hemp
(Amaranthus cannabinus), and reed grass (Prragmites
communis). "Wetlands board" or "board" means a board
created as provided in 62.1-13.6 of the Code of
Virginia.

Yard: That portion of a lot extending open and
unobstructed from the lowest level to the sky alonq the
entire length of a lot line, and from the lot line for
a depth or width set forth in the applicable district
yard regulations.

RICHMOND COUNTY LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTY PLANNING CONSULTANT PAGE NO. 27

Yard, Front: A front yar(j Is a yard extending along tile
full length of a front 'lot I i ne . in tile case o f a
corner lot, any yard extending along the full lenqth of
a street line shall be considered a front yard.

Yard Line, Front: A front yard line is a line drawn
parallel to a front lot line at a distance therefrom
equal to the depth of a required front yard.

Yard Line, Rear: A rear yard line is a line drawn
parallel to a rear lot line at a distance therefrom
equal to the depth of a required rear yard.

Yard, Rear: A rear yard is a yard extending for the
full length of a rear lot line.

Yard, Side: A side yard is a yard extending along a
side lot line from the required front yard (or from tile
front lot line If no front yard Is required) to the
required rear yard (or to tile rear lot line, if no rear
yard Is required). In the case of a corner lot, any
yard which is not a front yard shall be considered a
side yard.

Zoning: The dividing of the C-ouriLy into districts,
both base and overlay, and the establishment of
regulations governing the use, placement, spacing and
size of lots and buildings.

Zoning Map: The map or maps, which are a part of tile
zoning ordinance, and delineate the boundaries of zone
districts.

RICHMOND COUNTI LAND MANAGEMENT ORDINANCE (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED Of DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSVLTAMT PAGE NO. 28

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RICHMOND COUNTY
10 DESIGN AND PROCEDURES
I MANUAL
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PURPOSE AND INTENq'

The Richmond County Design. and Procedures Manual. has been

prepared in order to provide:

- an understanding o.f what are determined to ho. de-irable

development patterns and practices; and

- an overview of the Richmond County Land Manar4ement Ordinance

(LMO) including the LMO's various decision making processes

and development applications.

It is the Intent of this document through the use of photographs,

diagrams and accompanying text to complement the ordinance

language of the LMO and thereby clearly define:

those land disturbance activities requirinq approvals;

what approvals are required; and

the applications and plans needing to be submitted;

plan content and other informational. requirements which inust

be submitted.

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)270-9476 PAGE MO. I

And as a result, it Is expected that:

applicants will more clearly understand the design and

submittal objectives of the LMO; and

applications will be processed without delay and acted upon

as quickly as possible.

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AID COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE No. 2

LAND MANAGEMENT AND DEVELOPMENT DESIGN

The LMO Implements the Intent and purpose of the Comprehensive

Plan. The newly drafted Comprehensive Plan establishes goals

pertaining to land management and development which are as

follows:

Land Use: To accommodate future desirable development while

maintaining the rural character of the County.

Housing: Richmond County needs to expand the housing

opportunities to all its citizens, but especially

to those who are elderly or who live on low or

moderate incomes.

Environment

and Natural

Resources: To protect the health, integrity and values of the

natural resources and environment of Richmond

County.

Economic

Development: To enhance the economic base and employment

opportunities in Richmond County.

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 3

community

Service and

Facilities: To enhance the.living conditions of the County

by making government services more efficient and

effective.

Transpor-

tation: To provide for an adequate and safe transportation

network to serve the residents and visitors of the

County.

The LMO contains the regulations which Implement these goal

standards. ordinance provisions provide shape and form to land

development activities, thereby ensuring that land development

patterns and practices conform to the intent of the comprehensive

Plan.

Prior to the development of the LMO, members of the Richmond

County Board of Supervisors, Planning Commission, and staff

participated in a Visual Assessment Process for Community Design.

This exercise consisted of viewing 140 colored slides of various

development patterns and practices and scoring each slide on a

scale ranging from -10 (lease favorable) to +10 most favorable

using all numbers In between with 0 being used for those slide

Images producing neutral feelings. The results were tabulated

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AMD COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 4

and the @;llde tray was reracked In order of most favorite slide

image to least favorite slide image based upon the cumulative

score of the participants. The slides were then viewed by the

participants who discussed the patterns, trends and Implications

of the results. The results were as follows:

Approved Minutes of the Richmond County Planning Commission

March 11, 1991

"The top twenty-four slides were all farm church,
historic or open space scenes. It was noted that trie
existing Comprehensive Plan and the proposed revisions
both call for protection of prime farmland and the
existing rural atmosphere. The high rating of slides
depicting those characteristics reinforce the goals and
objectives of the Comprehensive Plan."

"The commission discussed the slides and the
development practices shown, and discussed land use
regulations and how individual property rights might be
affected by such regulations. The consensus was that a
well planned attractive community could result from
adequate regulations but regulations that require
minimal standards would xeL;ult in communities with
minimal desirability."

Approved Minutes of the Richmond County Planning Commission

April 8, 1991

"The top ranked slides were rural farms, churclies,
historic areas and other op e n S Fr) -3 Ce scenes.
Commission't' agreed that the absence of people and
presence of trees influenced the ranking of the top
slides. One CommissionfC commented that fie would rank
any slide high that did not show people or a landscape
that had been altered by people. t@,stablished
neighborhoods with adequate landscaping scored very
well and Commissioners said they could feel a sense of
community and pride when viewing such slides.
Commercial area slides were discussed at length and the

RICHMOND COUNTY DESIGN IND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOYN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. 001 173, VILLIAHSBURG, VA 23187 (804)220-9476 PAGE $0. 5

consensus seemed to be that landscaping and making such
areas "people friendly" were concerns that need to be
addressed. It was felt that if commercial development
was made attractive and comfortable to shoppers the
more likely it was that shoppers would spend more time
and money In the business establishments."

Approved Minutes of the Richmond County Planning Commission

May 6, 1991

"As In last month's meeting, slides showing adequate
landscaping, established neighborhoods and development
that somewhat mirrored existing patterns and practices
were rated higher than scenes not exhibiting such
characteristics. The Commissioners debated the ner-d
for sidewalks and other pedestrian features. Parkincl
lots were viewed as feature5 of development that needed
careful consideration during the desiqn phase of a
project and various parking lot treatments were viewed
and discussed."

"A slide of a manufactured home park received a hic1her
rating than slides of individual manufactured homes.
Commissioners and members of the Board of Supervisors
present seemed to be in agreement that a manufactured
home park was needed in the County. Design standards
were discussed for manufactured home parks that would
help assure that such a venture resulted In a
"community" that would instill a sense of pride In the
residents of the park and an establishment viewed as
appropriate by other citizens of the county."

'11ndustrial areas were discussed and attractive
entrances and adequate landscaping were identified as
the major concerns of the Commission."

Articles 3 and 4 of the LMO contain zonincl, desiqn and

performance standards. These standards were developed in an

effort to ensure that the shape and form of development mimics

the design and Image of those slides viewed most favorably during

the Visual Assessment Process for Co*inmunity Design and also to

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. B01 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 6

comply with the goals and directives of the Comprehensive Plan.

What follows is a Leview of Articles 3 and 4 of the LMO

summarizing the desired land management and development designs

to be achieved.

..........
RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPIHGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23107 (8041220-9476 PAGE NO, 7

ZONING

Article 3-1 provides for the establishment of three base zoninq

districts and three overlay zoning districts.

BASE Zoning District: Base zoning diStricts are specifically

delineated on the Official Zoning Map.

Every land area of the County is within

onl one base zoning district. Base

zoning districts establish regulations

governing the use and size of parcels

and lots.

OVERLAY Zoning District: overlay zoning districts are established

to obtain a specific end result. An

overlay district may facilitate the use

of land for a specific development

activity where conducive site-specific

features exist, or it may protect

specific significant resources and

environmentally sensitive land areas

wherever they may be located in the

County. A parcel or lot may be

overlaid, in part or in its entirety, by

any or all of the three overlay

districts, or by none at all.

BASE ZONING DISTRICTS

a. Section 3-10 Rural Open Space and Conservation (ROSCO)

Zoning District

The purpose of the ROSCO distric@t is to encouraqe the

preservation of open land for its scenic I.-.)eauty,

agricultural, forestal and recreational use, and the

protection of areas possessing significant and sensitive

resources; to protect the value of real property; to promote

more sensitive siting of buildings and better overall site

planning; to perpetuate the traditional -landscape of

Richmond County and the Northern Neck; to allow landowners a

reasonable return on their holdings; to promote a better use

of the land In harmony with its natural features trirough

more flexible design; and to facilitate the deve.lopment of

primary service areas within rural vi-liages.

ROSCO is expected to be the base zoning district for over

90% of the County. It is intended to shape development so

that the rural environment, landscape, and lifestyle is

ma intained. New development w1ll be encouraged to mimic the

three basic development patterns of the rural Richmond

County landscape:

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RICHOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AMD COUNTRY PLANNING CONSUL?ANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE MO. 9

FARMSTEAD - Low density

(3-10-5) - Surrounded by productive fields and forests

(3-1.0-6) in permanently protected open space

- Resemblance to traditional Northern Neck

farmsteads

HAMLET - Collection of 6-25 residential structures

(3-10-7) - Some civic uses such as a church, post office

- A mom-and-pop country store as an accessory

use

- surrounded by productive fields and forests

in permanently protected

open space

- Resemblance to Farnham proper, Sharps

VILLAGE - Grouping of homes, civic uses, commercial

(3-10-8) and light industrial uses

- Contains no more than 500 dwellinqs

- Surrounded by productive fields and forests

in permanently protected open space

- Resemblance to Urbanna, Old Tappahannock, Old

West Point east of Route 33

In addition, ROSCO permits use of existing lots of record as

well as Forest Subdivisions.

FOREST

SUBDIVISIONS

(3-10-9) - Located so as to be invisible from roadways

within the traditional landscape

- Lots 1-3 acres in size with protected open

spaces within and around the subdivision

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 11

b Section 3-11 Rural BUSiness and commerical (RBC) Zoning

District

The Rural Business and Commercial (RBC) District is

established to provide appropriate zoning for existing

commercially-utilized lots located in conformity with the

Comprehensive Plan, and for proposed uses which by their

very nature, are inappropriate within mixed use areas.

C. Section 3-12 Rural WORKplace (WORK) Zoning District

The Rural Workplace (WORK) District is established to

provide opportunities for desirable employment generators

which are situated collectively in accessible and suitable

nodes of activity, and which blend in with rather than

supplant the rural environment of the County. The WORK

district is designed to:

provide locational opportunities for Industries with

high growth potential which are likely to be attracted

to the County;

provide development sites for small, medium and large-

sized industrial firms in environments conducive for

business and industrial activity;

facilitate the County's efforts to attract new

employment opportunities;

expand the fiscal capacity ot the County by broadening

the tax base;

ensure that industrial operations are compatible with

desired community growth;

contribute positively to community appearance; and,

respect the natural rural environment.

OVERLAY ZONING DISTRICTS

a. Section 3-13 Historic and Scenic Preservation (HISTORIC

RICHMOND) Overlay District

The purpose of the Historic and Scenic (HISTORIC RICHMOND)

overlay district is to provide for protection and

enhancement of designated scenic highways and byways,

protect against destruction of or encroachment upon historic

areas, archaeological sites, historic and architecturally

significant buildings and structures, monuments and other

features of recognized significance which contribute or will

contribute to the cultural, social, economic, political or

architectural heritage of Richmond County and the

Commonwealth of Virginia. It is also the purpose of

HISTORIC RICHMOND to preserve designated scenic areas, and

historic, archaeological or architectural features within

their surroundings within a reasonable distance from

destruction, damage, defacement and obviously incongruous

development or uses of land.

HISTORIC RICHMOND will Implement the provisions of Section

4-10 of the LMO relative to the creation of historic

districts as provided by Section 15.1-503.2 of the code of

Virginia. In doing so, HISTORIC RICHMOND promotes the

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANKING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO, 15

general we If are by preservinq areas wh I c h have been

officially designated as having exceptional natural, scenic

or historic value worthy of preservation and protection.

This zoning designation is also intended to be used along

roadways within the County officially designated as Virginia

scenic highways or byways, or designated by the Board of

Supervisors as scenic County highways and byways in the

Comprehensive Plan.

b. Section 3-14 Waterfront Management (WATER) overlay

District

rhe Waterfront Management (WATER) overlay district is

designed to protect and improve the water quality of the

Chesapeake Bay, its tributaries, buffer areas and other

sensitive environmental lands by minimizing the potential

adverse effects of human activity upon these areas.

is Intended to encouraqe and promote the:

protection of existing high quality state waters and

restoration of all other state waters to a condition or

quality that will permit all reasonable public uses and

will support the propagation and growth to inhabit

them;

- safeguarding the clean water of the Commonwealth from

pollution;

- prevention of any increase in pollution;

- reduction of existing pollution;

- promotion of water resource conservation in order to

provide for the health, safety and welfare of the

present and future citizens of the Commonwealth and the

County;

provide for the proper design and placement of water

dependent uses;

protection of aquatic life, bird and other wildlife

habitat;

conservation of natural beauty and open space; and

anticipation and an effective response to the impacts

of development.

Additionally, this district Is de3iqned to prevent the loss

of life and property, the creation of health and safety

hazards, the disruption of commerce and governmental

services, the extraordinary and unnecessary expenditure of

public funds for flood protection and relief, and the

impairment of the tax base by the:

regulation of uses, activities, and development wriich,

alone or in combination with other existing or future

uses, activities, and development, have the potential

to cause unacceptable increases in f1ood heiqhts,

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOI 173, WILLIAMSBURG, VA 23187 1800220-9476 PAGE NO. 18

velocities, and frequencies;

restriction or prohibition of certain uses, activities,

and development fr om locatinq within areas subject to

flooding;

requiring all uses, activities, and developments that

do occur in flood-prone areas to be protected and/or

floodproofed against flooding and flood damaqe;

protecting individuals from buying lands and structures

which are unsuited for intended purposes because of

flood hazards;

qualifying Richmond county residents for the insurance

and subsidies provided by the National Flood Insurance

Program.

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KEPPLINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 19

c. Section 3-15 Affordable Housing (AFFORDABLE) Overlay

District

It is the intent of this overlay zoning district to

encourage the development of low and moderate income housinq

to the extent that it is needed for the citizenry of

Richmond County. The County provides opportunities for tile

construction of housing affordable by households with modest

incomes through the use of density bonuses, by providing for

higher density, cost efficient development in villages,

hamlets and farmsteads, and by the enactment of this overlay

district which permits tile use of manufactured homes.

RICHMOND COUNRT DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 20

DESIGN AND PERFORMANCE STANDARDS

Section 4-1

General Layout and Design

This section of the LMO provides broad general standards

relating to site development and use. It is the purpose and

intent of the entirety of Article 4 to ensure that new

development is designed in accordance with the purpose, intent

and direction of the Comprehensive Plan and the LM0, is in

concert with existing, desirable development patterns and designs

within the County, Is responsive to the existence of significant

and sensitive natural and cultural resources, is proposed so as

to enable the county to provide adequate levels of public

service, and Is designed to provide for the health, safety, and

welfare of individuals residing, working, shopping, traveling and

recreating within the County.

General standards and guidelines within Section 4-1 relate to:

- Suitability of Land for Development (4-1-3a)

Building Design (4-1-3b)

- Relationship of Building to Site (4-1-3c)

- Relationship of Project to Adjoining Areas (4-1-3d)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KEPPLINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 19 19931
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE No. 21

Landscape and Site treatment (4-1-3e)

Signs (4-1-3f)

Lighting (4-1-3g)

Maintenance (4-1-3h)

Preservation of Natural Features (4-1-3i)

Detailed regulatory provisions are contained in the following

sections of Article 4.

RICHOMOD COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT)
PREPARED BY DAVID L. KLPPINGER, AICP TOWN COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOx 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO, 22

Section 4-2

Land Division Design Standards

The purpose of managing lotting layout is to promote efficiency

and economy in the process of land division, the proper

arrangement of lots in relationship to each other and to existing

and planned streets and other features of the Comprehensive Plan,

the protection of water quality, wetlands, wildlife habitats,

historic, scenic and archaeological sites, steep slopes,

shorelines, and other sgqnificant and sensitive resources,

protection against flooding, erosion and sedimentation, the

provision of adequate open spaces for recreation, light., and air,

the convenient distribution of population and traffic, and the

adequacy of streets, public utilities and other public

facilities. Toward this end, this Section:

- establishes design and improvement standards for the

division of land in Richmond County;

- ensures that purchasers of lots, tracts and parcels purchase

a commodity that is accessible and qenerally suitable for

the intended use;

- Insures orderly and safe spacing, size, shape, design, and

distribution of lots for residential, commerci, industrial

and other uses.

This section provides standards relating to:

- Layout of streets as it relates to lot and block

configuration (4-2-4)

- Block size and shape (4-2-5)

- Lot design (4-2-6)

- Reference monuments (4-2-8)

Cemeteries which the LMO treats as a subdivision (4-2-3)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT). RICHMOND -COUNTY,. VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. 001 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 24

Section 4-3

Vehicular Rights of Way

It is the intent of the regulations in this section of the to

facilitate the development of circulation systems which permit

the safe, efficient, and orderly movement of vehicular traffic.

This section provides standards relating to:

- Overall System Design (4-3-3)

- Right of Way Classification (4-3-4)

TRAFFIC VOLUME-BASED STREET CLASSIFICATIONS

Street
C1assification Minimum ADT Maximum ADT

Access - 250
Subcollector 251 400
Minor Collector 401 1,000
Major Collector 1,001 4,000
Minor Arterial 4,00l 8,000
MaJor Arterial over 8,000

- Alignment and Layout (4-3-5)

- Right of Way Dedication (4-3-6)

- Geometric Standards (4-3-7)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNT, VIRGINIA
PREPARED Of DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE No. 25

GEOMETRIC STANDARDS FOR LOCAL ROADS

Minimum, Minimum Residential Minimum
Classification Design R-O-W Lot Access Pavement
ap.e e.d--- -Y-id-tb-- _Permitted Width
... ... ... . . .....
(no curb
& qutter)

Access 30 .501 Yes 221
Subcollector 30 50, Yes 241
5( 1
Minor Collector 40 241
Major Collector 50 60, No .2k)f
Minor Arterial 60 601 No 28'
MaJor Arterial 60 No

Construction Standards (4-3-8)

Curb and Gutter Standards (4-3-9)

Cul de Sacs (4-3-10)

Alleys (4-3-11)

Traffic signs and Signals (4-3-12)

Sight Triangles (4-3-13)

SITE TRIANGLE REQUIREMENTS

Distance froin Point
Street of Intersection
Classi f i cat 1 on

Access Street 20
Subcollector 2u
Minor Collector 30
Major Collector 40
Minor Arterial 5 1)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L, KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. Rol 173, WILLIAMSBURG, VA 23187 1804)220-9476 PAGE No. 26

Private Roads (4-3-14)

DESIGN FOR PRIVATE GRAVEL ROADS

Minimum
go. of Lots minimum stopping Gravel minimum Depth of minimum
Served by Maximum Design sight Surface shoulder VDOT Aggre- Right-of-
Road Seqnentt Giadett Speed Distance Width Width Subbase gate Haseitt Surtace Way Width
M (MPH) (Feet) (Feet) (Feet)

5 or less 12 25 160 20 5 40 select 4" VOOT 125 Gravel 50
material VOOT or 126
Type 1, 11, or
III

6 or more 12 35 210 -20 5 6" select 6* VDOT 125 Gravel 50
material VOOT or 126
Type I or 11

Maximum grade may exceed 12 percent up to a maximum of 18 percent for a maximum length of 300 feet, provided 60 of 125
or 126 aggregate base is placed with prime and double seal surface treatment in accordance with VOOT specifications.

Depth of aggregate base is compacted depth. Loose aggregate of 8".I.will compact to 61 depth. Loose aggregate of 5-
1/21i will compact to V depth,

- Acceleration/Decele-caLion Lanes (4-3-15)

- Widening (4-3-16)

- Street Names (4-3-17)

- Street Signs (4-3-18)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL JDRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE No. 27

section 4-4

open space and Recreation

The intent of this section of the LM0 is to maintain a sense of

openness associated with rural areas within newly constructed

developments and the County in general, preserve and protect

significant and sensitive natural and cultural resources, and

provide active and passive recreational opportunities approximate

to the citizens of the County.

This section provides standards related to:

- Overall Open Space Systems Design (4-4-3)

- Preservation vs. Recreational Open Space (4-4-4)

Amenities/Resources (4-4-5)

- Pedestrian Spaces (4-4-6)

- Recreational Facility Standards (4-4-7)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 26

1Kj,KBZ_H 1Y N ',.9 Q0Mf1QN
0P.IEN-SPACE -ARE.A.-S.

PC-
11 wa v...W i. (I t I
(Feet)

0ne-way bikeway Shared 4
with pedestrians

Two-way bikeway shared
with pedestrians

one-way independent
bikeway path

Two-way Independent
bikeway path

Improvement Completion Schedules (4-4-8)

ownership and Maintenance (4-4-9)

RICHMOND COUNTY DESIGN AND PROCKDURES HANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO, 29

section 4-5

Water and Sewer Facilities

The provisions of this section of the LM0 are intentended to ensure

that water and sewer facilities serve any permitted use of land

associated with habitation or occupancy.

This section provides standards related to:

- Water (4-5-3a)

When public water is available

Central water systems

Individual wells

- Sewer (4-5-3b)

When public sewer is available

Individual sewer systems

septic Tank maintenance

- Provisions related to Water and Sewer Facilities

(4-5-3c)

Extensions

Extension Costs

Construction Standards

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTAN AUGUST 1991
P.O. B0X 173, WILLIAMSBURG, VA 23187 (804)220-94476 PAGE NO. 30

Section 4-6

Underground Wired Utilities

This section of the LM0 is intended to reduce the adverse impacts

of overhead utility lines by requiring all utility facilities

proposed within major plans of development to be located

underground.

This section provides standards related to:

- Exemptions (4-6-3b)

- Existing Above Ground Lines Grandtathered (4-6-3c)

- Use of Easements (4-6-3d)

RICHM0ND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY,. VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 31

Section 4-7

Drainage

This section of the LMO is intended to ensure that developments

shall be provided with such storm drains, culverts, drainage ways,

or other works as are necessary to collect and dispose of surface

and storm water originating on or flowinq across the development,

In order to prevent inundation and damage to streets, lots, and

building, and to improve the water quality of the Chesapeake Bay

and its tributaries.

This section provides standards related to:

- Overall Drainage System Desiqn (4-7-3)

- Detention/Retention Area Design (4-7-4)

- Stream and Lake Sampling Requirements (4-7-5)

- off Site Drainage Costs (4-7-6)

Section 4-8

Erosion and Sediment Control

The purpose of this section of the LMO is, to conserve the land,

water, air and other natural resources of Richmond County and to

promote the public health and welfare of the citizens of Richmond

County by establishing requirements tor the control of erosion

and sedimentation, and ensuring that they are administered and
enforced.

This section provides standards related to:

- Applicability (4-8-3)

- Exemptions (4-8-3)

Relationship with the Virginia Erosion and Sediment Control

Handbook (4-8-3)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. Box 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE No. 33

Section 4-9

Signs

It 15 the purpose and intent of this section to aid the traveling

public and to preserve the natural landscape throuqh the

regulation of signs. This section also restricts the placement

of unsightly and detrimental signs which would tend to (depreciate

the value of property and hinder proqressive improvements in

Richmond County, and eliminate signs constituting an actual or

potential hazard to safe motor vehicle operation. The regulation

of the location, size, placement and certain features of signs is

necessary to enable the public to locate goods, services and

facilities without difficulty and confusion, and to prevent

wasteful use of natural resources in competition among businesses

for attention.

This section provides standards related to:

- Applicability (4-9-3a)

- Maintenance (4-9-3c)

Consistent Design Theme (4-9-3e)

- Measuring Size and Height (4--9-4)

- Illumination (4-9-5)

- Location (4-9-6)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPIGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 34

Types of Signs (4-9-7)

Awn i ng ( 4 -9 -'/a )

Free Standing (4-9-7b).

F-REE STANDING SIGNS

Commercial 1 Village Scenic
I (t C. f.- ! 1- t -! @, -
P s I d e

Typical Speed LImit 35-55 less than -15 3

Free Standinq Siqns

Height (feet) 10 6

Area (sq. ft.) 24 1.2 1.6

Ground Clearance 0
(min. feet)

J,andrtiark (4-9-71c)

Marquee (4-9-7d)

Multiple (4-9-7e)

Neon (4-9-7f)

Painted on Wall (4-9-7q)

Projecting (4-9-7h)

Time-Temperature (4-9-7j)

Attached to Wall (4-9-7j)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND C .OUNT.Y V1 .1R- G.IH-A-
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOI 173, WILLIAMSBURG, VA 23187 (800220-9416 PAGE NO. 35

Sjqn DiStrlCtS (4-9-8)

Village (4-9-bb(l))

Commercial Roadside (4-9-8(2))

scenic Roadside (4-9-8 (3))

Exempt Signs (4-9-9)

'Pemporary Signs (4-9-10)

Prohibited Signs (4-9-11)

Nonconforming Signs (4-9-12)

Permit Expiration (4-9-13)

Sign Removal (4-9-14)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL IPRAFTJ RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID h. KtKPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE No. 36

Section 4-10

Lighting

This Section is intended to ensure that lightinq is provided in

order to facilitate the safe and secure movement oi- motor

vehicles, bicycles and pedestrians, as well as to provide for the

security of buildings and personal property.

This section provides standards related to:

- Street Lights (4-10-4)

- Lighting in and Around Parking Areas (4-1.0-5)

@34
ANI).-REDED"[email protected] 6t4 ---- j@lj!@AS

R i f _Y@3 y

Area Classitication
gtreet Ii.ierarchy QqMmercial Residential
(Footcandle) (Footcandle)

Collector 1.2 0.6
Minot-Residential
Subcollector 0.9 0.4
Local 0.6 o.4
Intersections 3.0 3.u

Vq K @_j qq._.L o.1s.

Vehicular Pedestrian Pedestrian
Level of Activity f i c.. S al e. t. y S e c i.i r i. t y
Low Activity (parking (Pootcandle) (Footcandle) (Footrandle)
areas, schools, small
businesses) o.5 0.2 0.8
Medium Activity (Multi-
family, fast food, area
shopping centers) 1.0 0.6 2.0
High Activity (Major
shopping center) 2.0 0.9 4.0

Wa LK s.-an 1.-.B-.i _k e wa.vs..

Mini mum Average heve Is
Walkways & Bikeway Averaqe for Special Pedestrian
f-i cat i_o-n.-__ .....14Q Yet T
(Footcandle) Mountiliq Mo U 11 t i rig
lie i gh t s Ile iqhLs
9-15 It. 15-2b ft.
Roadside Sidewalks (Footcandle) (Footcandle)
and Bikeways
-Commercial areas 0.9 2.0 4.0
-Residential areas 0.2 0.4 0.8
Walkways and Bikepaths
Distant from Roadways 0.5 U.6 1.0

R I COMOND --COUNTY DESIGN AND PROCEDURES
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PhANNIXG CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE 90. 38

Section 4-11

Off-Street Parking and Loading

This section is intended to ensure that access to a development

site from adjacent vehicular rights of way are designed so as to

minimize interference with traffic flows and to afford vehicles

with efficient and safe ingress and egress. Pedestrian and

vehicular traffic movement within the development site, with

particular emphasis on the provision and layout of parking areas,

off street loading and unloading facilities, and on site driveway

patterns shall be reviewed to ensure that all parking spaces are

usable, safe and conveniently arranqged, and that the site is
lie efficiently designed.

This section provides standards related to:

overall Design and General Provisions (4-11-3)

Parking Areas (4-11-4)

RICHHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 39

PARKING SPACE DI ENSIONS

Parking Angle Standard Space Small Car Space ILapdicappgd Spagg
Stall Stall Stall Stall Stall Stall
Width Depth KM Lepth Width Depth

450 91 17.51 7.51 171 121 17.51
600 91 19, 7.51 17.51 121 19,
756 9t 19.51 7.51 17.51 121 19.51

(perpendicular)
91 91 18, 7.51 16, 121 18,

Parallel parking spaces shall be as follows:
Standard 7.5 X 21 feet
Small Car 6 X 19.5 feet
Handicapped 11 X 22 feet

PARKING SPACE REQUIREMENTS FOR
THE PHYSICALLY HANDICAPPED

Total Parking Spaces in Lot Required Minimum Number

Up to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2% of Total
Over 1,000 20, Plus 1 for each
100 over 1,000

Driveways (4-11-5)

RfCHKOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RfCHKOMD COUNTY, VIRGINIA
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. 801 171, VILLIAHSOURG, VA 23187 (804)220-9476 PAGE NO. 40

_.01i' WAY

Class if icat-ion M i,n- _S.paq.i.ng_ f.f, e.t

Access 40
Subcollector 50
Minor Collector 75
Major Collector 100
Minor Arterial 250
Major Arterial 350

L)RA VEWAY
- @W 1. Q'V H

one-Way Operation 11'wo-Way 0peration
Qrivew y._Width 1)riveway. Width
(Feet) (Feet)

1-2 Family 9-20 NA
3-10 Family
Residential Area 10-16 1.6-114
over 10 P'amily 15-24 20-3t,
Commercial &
industrial 15-30 4-6

Sidewalks (4-11-6)

Loading Areas (4-11-7)

Bicycle Parking (4-11-8)

Surfacing Requirements (4-11-9)

Maintenance (4-li-10)

RICHMOND COUNTY -DESIGN A-10 PROCEDURES R-1__C-H_MO_ND__CO_UMTY, VI_RGI N-f-A.-
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 41

SectIon 4-12

Landscaping and Buffering

The regulations within this section are intended to maintain the

vegetated environment of the county, thereby preserving the

County's rural qualities and incorporating vegetation in the FORM

of landscaping and buffering within plans of development, thereby

promoting healthier and ecologically sound community environs.

This will occur because:

trees and shrubs are proven producers of oxygen, a necessary

element for human survival;

trees and shrubs appreciably reduce the ever increasing

environmentally dangerous carbon dioxide content of the air

thereby playing a vital role in purifying the air we

breathe;

trees and shrubs transpire considerable amounts of water

each day and thereby purify the air much like the air-washer

devices used on commercial air conditioninq systems;

RICHMOND COUNTY DESIGN MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 42

trees and shrubs have an important role in neutralzinG

wastewater passing through the ground from the surface to

groundwater tables and 1ower aquifers;

trees and shrubs through their root systems, stabailize

groundwater tables and play an important and effective role

in soil conservation, erosion and flood control; and

trees and shrubs are an invaluable physical, aesthetic, and

psychological counterpart to unnatural development features,

making life more comfortable by providing shade and coolinq

of the air and land, reducing noise levels and glare, and

breaking the monotony of human developments on the land,

particularly parking areas.

This section provides standards related to:

- overall Landscape Design and General Provisions

(4-12-3)

- Landscape Preservation (4-12-4)

- Site Landscaping Standards (4-12-5)

- Buffer Areas (4-12-6)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.D. Hof 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 43

Adjacent Use
It 2 3 4 5
Proposed Use *see uses
below

151+ 201+
It zoning zoning Plant Material Plant Material Zoning
Setbacks Setbacks and structural and structural Setbacks
Plant Material elements elements landscaping

- ---- - - - -- - - ----- - -- - ------ - ----- - --------------------------------

3011 151+ 3011 30,
Plant Material - Landscaping Plant Material Plant Material Landscaping
2 and strurtural
elem ents

5014 154 151+ 15'4 301+
Plant Material Plant Material Landscaping Plant Material Plant Material
3 and structural
elements

..... .....

1001+ 1511 1514 1514 3(11+
Plant Material Plant Material Plant Material Landscapinq Plant haterial
and structural and structural
elementu elements

------------------------

RICHMOND COUNTY MANUAL- (DRAFT). RICHMOND COUNTY-, VIRGI-NIA.
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 1804)220-9476 PA69 NO. It

Use Legend

1. Low intensity residential
2. Moderate intensity residential, low intensity institutional, low intensity commeicial, low intensity
recreational.

3. Intense Intensity residential, moderate intensity institutional, moderate intensity commercial,
low/moderate intensity industrial, moderate intensity recreational.

4. High intensity residential, high Intensity institutional, high intensity commercial, high intensity
recreational, high intensity industrial.

5. All roads.

Buffer Legend

Zoning setbacks - as required by Article 3.

Landscaping - (Section 4-12-5d)

Plant Material Buffers - Plant materials used for buffers shall be natural or landscaped, In either case
creating a visual screen at least six (6) feet In height. The plant screen shall be installed at the time of
Inspection for certificate of Compliance and shall be of sufficient size and quantity such that the minimum
height and the visual screening between plants can be achieved within one (1) year of installation.

Structural Elements - Structural elements such as fences, walls, earthen berms or other elements, as approved,
shall be at least six (6) feet In height although such height can be altered to preserve significant land forms
or other significant resources. An adequate distance shall be maintained between the structure and the
exterior property line for plant material and access for its maintenance. Structural elements shall be
installed at the time of inspection for Certificate of Compliance.

Needs to be on next page precedinq table Plant Marerial

(4-12-7)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARed BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO 45

VEGETATION SUITABLE FOR SCREENING

Mature
Common Name Species Height (ft.) Spread

LARGE DECIDUOUS TREES FOR SHADING

Ginko Ginko biloba (male only) 80 40
Honeylocust* Gleditsia triacanthos Inermus 'Shademaster' 50 30
Laurel Oak Quercus laurifolia 60 40
Littleleaf Linden Tilia cordata 50 35
London Plane-Tree Platanus acerifolia 80 50
Red Maple* Acer rubrum 'October Glory' 60 40
Red Oak Quercus rubra 70 55
Scarlet Oak Quercus coccinea 70 55
Sweet Gum Liquidambar styraciflua 80 40
Sycamore* Platanus occidentalis 80 50
Willow Oak Quercus phellos 50 40
Zelkova Zelkova serrata 'Green Vase' 80 55

LARGE EVERGREEN TREES FOR SCREENING

Carolina Hemlock Tsuga caroliniana 75 40
Eastern Red-Cedar Juniperus viginiana 45 20
Southern Magnolia Magnolia grandiflora 50 30

SMALL TREES FOR PARTIAL SCREENING

American Holly Ilex opaca (evergreen) 40 20
American Hornbeam Carpinus caroliniana 30 20
Bradford Pear Pyrus calleryana 'Bradford' 40 20
Carolina Cherry-
Laurel Prunus caroliniana
Crape Myrtle Lagerstroemia Indicia 20 15
Eastern Redbud Cercis canadensis 35 25
Flowering Dogwood Cornus florida 30 25
Golden-Rain Tree Koelreuteria paniculata 25 30
River Birch Betula nigra 50 30
Russian olive Elaeagnus angustifolia 20 20
Sourwood oxydendrum arboreum 35

RICHMOND CUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 46

Mature
Common Name Species Height (ft.) Spread

LARGE SHRUBS FOR EVERGREEN SCREENING

Fraser Photinia Photinia fraseri
Fortune's Osmanthus Osmanthus fortunei
Glossy Privet* Ligustrum lucidum 18 10
Japanese Privet* Ligustrum japonicum
Japanese Photinia Photinia glabra
Nellie R. Stevens
Holly Ilex 'Nellie R. Stevens'
Thorny Elaeagnus* Elaeagnus pungens 10 8
Yaupon Holly Ilex vomitoria

SMALL SHRUBS FOR EVERGREEN SCREENING

Chinese Holly Ilex cornuta 'Burfordi'
Laurustinus Viburnum tinus
Mentor Barberry Berberis mentorensis
Meserve Holly Ilex meserveae
Parney Cotoneaster Cotoneaster lacteus
Pfitzer Juniper* Juniperus chinensis 'Pfitzerana
Wintergreen Barberry Berberis julianae 6 4

Rapid Growth Rate

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. B0X 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 47

KIN e L!'V41'114 Q

M i 11 i mum 1-1 i 11 i mum
ize Br.ar cl Spread
[email protected] I o-L.-Type - - ------

Trees:

Q e c_kd.11 p.11 s
Shade 101 height and 1-1/211 caliper* 41

Flowering/
ornamental
-single-stem 8' height and 1-1/4" caliper 4f
-multi-stem 81 height 4t

KvfL 'per
rgKgen 4'.height and 1-1/4" cali N/A

Shrubs:

11-0.11S 2411 heiqht or spread 14 /A

Ever.qre,e,.n 1811 height or spread N/A

At least fifty percent (50%) of the deciduout-i shade trees
required for installation in parking lots shall have a minimum
caliper of two and one-half inches (2-1/211).

- Fences, Walls, Berms (4-12-8)

- Maintenance (4-12-9)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSVh?ANT AUGUST 1991
P.O. BOI 173, WILLIAMSBURG, VA 23187 1804)220-9476 PAGE NO. 48

Section 4-13

Performance Standards

it is the intent of this section to minimize the adverse effects

associated with emissions which occur as a result of various land

use activities, particularly Industrial uses. Agricultural uses

are exempt from these provisions.

This section provides standards related to:

Noise (4-13-31)

LEVP@LS AT PH0P1!:RTY.jjNC@;S

Maxi.mum Decibel.
Adiacent to a
octave Band Residenti-al
I _Qyq1Qf1_ [email protected] pnd.)- ft:Kimurk.-Decibels Q F, e

20 - '15 72 66
'15 - 150 V tj 64
150 - 300 65 59
300 - 600 59 'S.3
600 - 1,200 55 49
1,200 - 2,400 47 41
2,400 - 4F800 41 35
above 4,800 39 33

_111 CHMOND -COUNTY DESIGN AND PROCED-URKS MANUAL R ICI-IMOND COUNTY, -VI FUN-Ii
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUS7 1991
P,O. BOI 173, WILLIAMSBURG, VA 23187 (800220-3476 PAGE NO. 49

Vibration (4-13-3b)

Air Pollution (4-13-3c)

Steam (4-13-3d)

Beat (4-13-3e)

Glare (4-13-3f)

Radioactivity (4-13-3g)

Solid Waste/Liquid Pollution (4-13-3h)

'roxic Matter (4-13-3i)

odor (4-13-3J)

-RI-CHHOND COUNTY DESIGN AND -PROCEDURES HAN-UAL (DRA-FT-) --- ---- - ---- -H 16HOND COUNTY, __VI RGI KI
PREPARED BY DAVID L. KLIPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, VILLIAHSOURG, VA 23187 1804)220-9476 PAGE 80. 50

Section 4-14

Easements

It Is the intent and purpose of these requlations to facilitate

the limited use of private property for the public good for

purposes such as conservation of resources, and the location of

private driveways and utility systems.

This section provides standards related to:

- Location and use (4-14-3a)

- Conservation and Easements (4-14-3a(7))
- Width (4-14-3b)

RICHMOND COUNTY DESIGN PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPLINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 51

Section 4-15

Storage and Waste Disposal

It is the intent of Richmond County that stored goods and the

solid waste generated by the citizens and businesses of the

County be responsibly stored, dispensed, and disposed,

This section provides standards related to:

- Recycling (4-15-3a)

- Storage and Waste Disposal (4-15-3b)

- Refuse Collection (4-15-3c)

Section 4-16

Emergency Services

The intent of this section is to ensure the adequacy of fire

protection and emergency services to all citizens of the County.

This section provides standards related to:

- Fire Protection (Fire lanes, hydrants, etc.)

(4-16-3a)

section 4-17

Waterfront Facility Design

It is the intent of this section to ensure that public access to

waterways is adequately provided and properly designed,

particularly as it relates to boatinq facilities, and in such a

way that the environmental quality of shorelines is not

compromised.

This section provides standards related to:

- Provisions for Public Access (4-17-3)

- General Design of Access Facilities (4-17-4)

- Marinas and Public Boat Ramps (4-17-5)

- Private Boat Ramps (4-17-6)

- Boathouses (4-17-7)

- Piers and Docks (4-17-8,9)

- Mooring Buoys (4-17-10)

Section 4-18

ROSCO Design Standards

The continuation of Richmond County's traditionaL land use

pattern of rural villages, towns and farmsteads surrounded by

open space, in which traditional occupational pursuits such as

agriculture occur, and the continuing protection of critical and

significant evironmental and cultural resources requires

supplementary design standards to the zoning provisions of

Section 3-11. These standards will assist in ensurinq that the

intent and purpose of the LMO, as it relates to the predominant

patterning of land development initiatives within the County, Is

clearly enunciated. Where there are conflicts between these

provisions and those In other sections of Article 4, these

provisions shall apply.

This section provides standards related to:

- overall Rural Village and Hamlet Design (4-18-3)

- Village Design (4-18-4 to 4-18-9)

- Hamlet Design (4-18-10)

q- Farmstead Design (4-18-11)

- Single Family and Large Lot (4-18-11)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. box 173, WILLIAMSBURG, VA 23187 (804)220-9476 PAGE NO. 55

Section 4-19

Designation of Historic Site Ditricts and Historic and Cultural

Conservation Districts

This section provides standards for the identification and

protection of historic sites and historic and culturally

significant land areas within Richmond County for their eventual

inclusion within delineated and designated historic distrits.

This section provides standards related to:

- Criteria for Designation (4-19-3)

- Application Procedures (4-19-4 to 4-19-)

- Inventory of Historic Structures (4-19-8)

- Application and Procedures to Raze or Demolish Historic

Sites (4-19-12 to 4-19-16)

I
I*
I
I
i APPENDIX
I
I
I II
I
I*
I
I
I
I
I
I
I
1 0
1

PRE-APPLICATION FOR
PROPOSED LAND DEVELOPMENT
RICHMOND COUNTY, VIRGINIA

OWNER(S):
Address:
Telephone No. (Daytime):

APPLICANT:
Address:
Telephone No. (Daytime): .. ............ ... --- ---

NAME OF 11RVELOPMENT:
LOCATI ON:
TAX MAP No. PARCEL NO, ZON I NO
PARCEL SJZE FRONTAGE W1 D'I'14

PROPOSED LAND DEVELOPMENT ACTIV1TY:

REQUESTING A RESOURCE INVENTORY? Yes No

SIGNATURE
(Applicant) (Date)

FOR THE APPLICANT'S USE FOLLOWING THE PRE-APPLICATION CONFERENCK
(To be completed by the Land Use Administrator)

CONFERENCE DATE:

REVIEW COMMENTS:

PERMITS OR APPROVALS NEEDED:

f rom
f rom
. ............ . .....
from
f r orti

PUBLIC HEARING REQUIRED
Yes for
No

SIGNATURE
____iL@@iid Use Administrator) (Date)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPI#GER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. DO] 173, WILLIAMSBURG, VA 23187 1804)220-9476

USE 'I'Hl,'g .111DE FOR DIAURAIiS, L)RAWINU-S, 140'PETAK1146, FfC.

...... ............ . ...... .

. ...........

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RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KhEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. 801 173, WILLIAMSBURG, VA 23187 (804)220-9476

APPLICATION NO.:
DATE FILED:

LAND MANAGEMENT ORDINANCE MASTER FORM
RICHMOND COUNTY, VIRGINIA

OWNERM:
Address: Teleohone No. IDaytime):

APPLICANT:
Address: TeIeDhone No, (Daytime):
Relationship to Owner: Same Option Holder
Aqent other

NAME OF DEVELOPMENT:
LOCATION:
TAX MAP NO. PARCEL NO. ZONING PARCEL SIZE

REQUEST
The Land Use Administrator will assist the applicant in the completion ot this section,

PLAN OF DEVE'LOPMENT APPROVAL:

Sketch Plat/'Plan (/-2-8) Minor Subdivision/Site
General Development Plan (2-2-11) Plan (2-2-10)
Preliminary Subdivi-sion/SiLe VILin Final Subdivision Site Plan 12-2-11)
(2-2-111 Minor Adjustment to an Approved
Subdivision/Site Plan (2-2-13, 2-2-12)

Erosion & Sediment Control Plan Submittal Requirement Waiver (2-1-0
(4-8) Desiqn/Perforinance standard Waiver
Aqreement in Lieu of E&SC Plan (4-1-21
(4-8-301)) Nonconformina Use and Develoument Waiver/
Certificate of Compliance 12-9-1) RPA (3-14-10)
Certiticate of Compliance/SiqnS Butter Reduction/RPA (3-14--lic)
(4-9) besiqn/Performance Standard ADDeal
Manufactured Home Removal/(Re) (2-4-1)
Location (3-15-12c,q) Variance (3-7)
Exem ption Confirmation (3-14-7,0) Variance/RPA (3-14-151
Nonconforming Status Confirmation Zoninq Appeal (2-4-11
(2-6-5) Zoninq Interoretation (J-j-0
Exception Confirmation/RPA (3-14-10--.- Wetlands Permit (3-14-4)
Density Bonus (3-18)
Conditional Zoning IJ-9)
Special Use Permit (3-17)
ordinance Amendment/Rezoninq (2-5)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. XLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476

Use this space to explain the nature of Your request:

List the maps and other materials accompanying this application:

I have read the foreqoinq and certify that all the information contained in the papers submitted
herewith are true to the best of my knowledge.

Applicant: Date:

I am (we are) aware of and consent to the filinq of this application:

Owner(s): Date:
. . ............
Date:

FOR COUNTY USE ONLY

Completeness of Application: Complete incomplete for lack of the following:

Compliance with Ordinance Provisions: Complete Not in compliance with the
followinq Ordinance provisions:

Application Referral to: Public Hearings:
Hearing:
Date:
Notice Provided:
Action Taken
By: By:
Date: Date:
Action: Action:
Minutes Attached

If approved, a Certificate of Compliance issued on (attached I

Applicant Notified:
(Date) (Land Use Administrator)

RICHMOND COUNTY DESIGN AND PROCEDURES MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID l. KEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173, WILLIAMSBURG, VA 23187 (804)220-9476

PROCEDURES

ONE-STOP APPLICATION PROCESS ESTABLIS14ED

The Richmond County Land Management ordinance was created to

Implement a one-stop land development application process so as

to conserve the time and expense of applicants and County

officials involved in the land development permitting process.

Applicants will meet with and be guided by the Land Use

Administrator who is responsible for coordination of the

development review and decision making process.

RESPONSIBILITIES OF THE LAND USE ADMINISTRATOR

The responsibilities of the Land Use Administrator include:

a. Administering and enforcing the zoning and development

design and implementation provisions of this ordinance.

b. Maintaining an accurate record of all amendments to the

text and maps of this ordinance.

C. Receiving all applications submitted to Richmond

county for development permits.

d. Reviewing every application for completeness and

compliance with the provisions of this Ordin-ance.

e. Determining which decision-making procedure

(DMP) is specified by this ordinance as the

appropriate decision-making process, and

facilitating the processing of every application.

f. Determining which local, state, and federal

agencies may be able to provide relevant

Information thereby ensuring a thorough a nd

complete review of every application and advising

those agencies which may want knowledge of an

issued permit.

9. Providing staff support to and enforciny all

decisions made by the Board of Supervisors, Board

of Zoning Appeals, and wetlands Board.

h. Notifying the applicant by written notice of an

approval, approval with conditions, or denial

within ten (10) days of final action.

i. Conducting inspections of buildings and other

structures, and uses of land to determine

compliance with the provisions of this ordinance.

Performing such other duties and functions as are

required by the provisions of this ordinance.

PLAN OF DEVELOPMENT PROCESS

The administration of this ordinance focuses on a plan of

development submission and review process which provides for the

review of development proposals requiring approvalst. The Plan ot

Development Approval Procedures is depicted in Exhibit 1.

APPLICATION OF THE PLAN OF DEVELOPMENT PROCESS

a. Activities Regulated by this Ordinance

For purposes of this ordinance, the following

activities shall be considered to be developments which

shall adhere to the requirements of the Land Management

ordinance:

(1) Land Disturbing Activity - Any land disturbing

activity which would disturb an area 2,500 square

feet or greater in size.

(2) Subdivision - The division of land into two or

more lots unless exempted In b.8. below.

EXHIBIT I

PLAN OF DEVELOPMENT
APPROVAL PROCEDURE

PREAPPLICATION APPLICATION REVIEW STAGE -
STAGE STAGE DECISION-MAKING PATHS ACTION STAGE

DHP-a

P DNP-c
L PREAPPLICATION APPLICATION (2-1-2c)
CONFERENCE APPLICATION DEEMED
1 (2-2-2) SUBMITTED COMPLETE
- - - - - - - - WITH PLANS -(2-2-5) APPROVED
C CONCEPT DMP-b OR
SKETCH PLAN/PLAT JE�@2b) DENIED
A (2-2-8)

T APPLICATION DMP-d PUBLIC
DEEMED (2-1-2d) HEARING
INCOMPLETE (2-3)
(2-2-5)

DflP-e
(2-1-2e)
(ordinance section number) P"CTDN
SUBMITTE
-T@VITH @FLAONS

- - --- - ---------------------------------- - ---- - ------ -- - - -- ------ - ---------- ----------
RICHMOND COUNTY DESIGN MANUAL JDRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPI#GER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173 WILLIAMSBURG, VIRGINIA 23187 (804)220-9476

(3) Cj,jaIjqe III USe A wateria-1 chanqe III the type of

use of a structure or land, whether temporary or

permanent, which would tangibly affect the area's

natural environment, parking requirements,

transportation patterns, public health or economic

values.

(4) Construction, reconstruction or alteration - A

building operation involving construction,

reconstruction or alteration of the size of a

structure which would result in a tangible effect

on the area S natural environment, parking

requirements, transportation patterns, public

health or economic values.

(5) 1 ncrease I n land use I n t e ns i ty - A material

increase in the intensity of land use, such as an

increase in the number or size of businesses,

manufacturing establishments, offices or dwelling

units in a structure or on land, when such

increase would tangibly affect the area's natural

environment, parking requirements, transportation

patterns, public health or economic values.

(6) Mining, filling or dredging - Commencement of any

mining, filling or dredging operation on a parcel

of land.

(7) Change In effects of conditions 'in connection

with the use of land, the making of any material

change in noise levels, vibration levels, lighting

intensity, thermal conditions, odors or emissions

of waste material.

(8) Alteration of a shore, bank or floodplain -

Material alteration of a shore bank, or

floodplain of a river, stream, lake or other

natural water body.

(9) Reestablishment of an abandoned use -

Reestablishment of a use on land (excluding

forestry and farming activities) or in a structure

which has been abandoned for one year or more and

which use, site and structure do not coi-if orm to

this ordinonce.

b. Activities Exempt from the Requirements of this

ordinance

The following activities shall not be considered

development requiring the submission of a plan of

development to the Land Use Administrator for review

unless the activity is not permitted or is restricted

in any base or overlay zoning district. When requested

by an applicant In writing, the Land Use Administrator

will reply in writing formally confirming the exempt

status of the proposal.

(1) Minor Land Disturbing Activities - Minor land

disturbing activities such as home clardens and

individual landscaping, repairs and maintenance

work.

(2) Service Connections - Individual service

connections-

(3) Underground Utilities - Installation, maintenance

or repair of any underground public utility lines

when such activity occurs on an existing hard

surfaced road, street or sidewalk provided the

land-disturbing activity is confined to the area

of the road, street or sidewalk which is hard-

surfaced.

(4) Agricultural Activities - Tilling, planting, or

harvesting of aqricultural, horticultural, or

forest crops or livestock feedlot operations,

including agricultural engineering operations as

follows: construction of terraces, terrace

outlets, check dams, desilting basins, dikes,

ponds, ditches, strip cropping, lister furrowinq,

contour cultivating, contour turrowing, lai id

drainage and land irrigation.

(5) Transfer of Tit'le - A transfer of title to land

not involving the division of land into parcels.

(6) Leases and Easements - The creation or termination

of leases and easements concerning development of

land, or other rights, except that no easement

required by this chapter or made a condition of

plan of development approval may be terminated

without the approval of the County.

(7) Legal Exhibits and Documents - The recording of

any documents or plats/plans expressly for the

purposes of reference or attachment to a publicly

recorded document when such recording does not

result in subdivision of land into parcels. Such

recording ruay include, 1) u t I snot I imi ted to,

documents such as master deeds or covenants, or

plats/plans for mortgage or HUD filing purposes.

(8) The following actions are exempt if no new strepts

are created or existing streets changed:

The sale or exchange of parcels between -adjoining

property owners where such sale or exchanqe does

not create additional building sites or create a

lot or parcel which does not ifteet the )'fiinlmum area

and dimensional requirements of this or other

County ordinances.

The combination or recombination of portions of

previously subdivided lots where the total number

of lots Is not increased and the resultant lots

comply with the minimum area and dimensional

requirements of this and other County ordinances.

The division of a tract of land in order that one

or more of the resulting parcels may be used as

part of a well lot, public utility right-of-way,

or other public or private right-of-way other than

a street, provided no additional buildinq lots are

created.

The partition of lands by court order oz by

testamentary or intestate provisions.

Where a viable dwelling unit exists on a larqe

tract of property, a lot may be created to include

the dwelling unit. Such a lot must meet the

maximum area and dimensional requirements of this

or other County ordinances. An existing legal

right-of-way will be sufficient to provide access

to the lot as long as the lot created is precluded

from future subdivision by deed restrictions.

Divisions of large tracts of property where the

resultant parcels shall be used for agricultural,

forestal or other undisturbed open space provided

such parcels are served by a right-of-way with a

minimum width of twenty-five (25) feet. The plats

and deeds for such parcels shall show the parcels

are not for residential or other use except as

aforestated.

Sale or gift of a single division of a lot or

parcel to each member of the immediate family of

the property owner which shall not be For the

purpose of circumventing this Ordinance, shall be

subject to the minimum lot area, dimensional and

envionmental requirements of this ordinance shall

not result in the creation of new streets and

shall be surveyed and then recorded in the

Courthouse. For the purpose of this section, a

member of the immediate family Is defined as any

person who is a natural or legally defined

offspring, spouse, or parent of the owner.

(9) The sale or exchange of parcels between adjoining

property owners where such sale or exchange does

not create additional building sites, streets, or

a lot or parcel which does not meet the minimum

area and dimensional requirements of this
ordinance.

(10) Maintenance, Renewal, Improvement or Alteration

Work for the maintenance, renewal, improvement or

alteration of any structure which involves no

material change of use and is confined to the

interior in its entirety and exterior facade,

excluding sins. Material alterations to

structures affected by the HlSTORIC RICHMOND

Overlay District are not exempt.

(11) Incidental Dwelling Uses - The use of any

structure or land devoted to single family

dwelling uses for any purposes customarily

associated with the enjoyment of such dwelling.

(12) Home Occupations Within - Home occupations

confined entirely within a residential structure

and clearly as a secondary use, with no

advertising of the home occupation allowed on the

site or on the structure, and not disruption to

the normal character of the neighborhood or area.

(13) Temporary Uses, Non-Material - Those activities of

short duration or of a seasonal nature which do

not materially affect the area's naturtal

environment, parking requirements, transportation

patterns, public health or economic values.

(14) Public Projects - The construction of any public

street or othher public way, grounds, building,

structures or public utility which was appproved by

a public agency under separate, comparable

administrative procedures.

PRE-APPLICATION CONFERENCE

An applicant or the applicant's authorized representative is

strongly urqed to arrange a pre-application conference with the

Land Use Administrator. The purpose of the conference Is to:

a. Acquaint the applicant with the substantive and

procedural requirements of this Ordinance (Exhibits 2,

3 and 4 provide information relative to various

applications and associated procedural requirements).

b. Provide for ;in exchan(4e of Information reqarrling the

proposal as well as applicable elements of the

COM]Drphensive plan and pertinent regulatory and

submission requirements. The Land Use Administrator

will advise the applicant of which applications

contained in the Appendix must be submitted.

C. Advise the applicant of any known state or federal

permits which must be obtained.

d. Identify policies, regulations and site features that

create opportunities or pose siqnificant. constraints

for the proposed development.

e. obtain copies of all necessary applications (copies of

applications are located in the Appendix).

f. order a Resource Inventory for Pre-Development Planning

and Design.

USE OF A RESOURCE INVENTORY FOR PRE-DEVELOPMENT PLANNING AND

DESIGN WITH EVERY APPLICATION FOR DEVELOPMENT

Unless waived in whole or in part as provided by Section 2-2-7,

all applications shall be accompanied by a Resource Inventory for

Pre-Development Planning and Design (Resource Inventory). This

Resource Inventory shall consist of a composite inventory map of

the site's significant and sensitive natural and cultural

resources. The decisions rendered by Richmond county in

consideration of applications for development will be based in

large part on the sensitivity of the applicant's proposal as it

relates to these siqnificant and sensitive features. Richmond

County will look most favorably upon development proposals which

preserve, protect and accommodate resources through the careful

positioning and placement of land development activities away

from these resources.

This map will be generated by the Richmond County Resource

Information System, a computer database, and provided to

prospective applicants upon request and in return for payment of

the prescribed fee. Prospective applicants are encouraged to

secure this information from the Land Use Administrator at the

Pre-Application Conference (Section 2-2-2) so it can be used as a

basis for the development of-sketch plats/plans (Section 2-2-8)

and subsequent submittals. Resource factors included in the

Resource Inventory fox Pre-Development Planning and Design are

tidal wetlands, tidal shores, connected and non-connected

nontidal wetlands, flood plains, steep slopes, highly erodible

and permeable soils, historic and archaeological sites, septic

suitability, prime agricultural lands, significant habitat are-as,

and significant viewsheds.

SUBMISSION OF SKETCH PLATS AND SKETCH PLANS

A conceptual sketch of the proposed subdivision or site plan Is

not required but is strongly recommended as an option which may

hell) expedite the review of an application. The submission of a

conceptual sketch affords the applicant the opportunity to

discuss the proposal in its formative stages and receive the

advice of the Land Use Administrator relative to procedual

requirements and applicable ordinance provisions.

The applicant shall submit two copies of the sketch along

with a completed application form. The conceptual sketch should

contain sufficient information accurately depicted in order to

permit the Land Use Administrator to responsively and responsibly

be of assistance. The Land Use Administrator shall return a

marked up copy of the sketch plat/plan to the applicant depicting

any comments and recommendatons. The second copy and

accompanying form will be retained for filing.

-3

M-U 1CAT-I.QK -A@-T AQE;

SUBMISSION OF A COMPLETE DEVELOPMENT PERMIT APPLICATION

Application materials shall be submitted to the Land Use

Administrator, who will indicate the date of submission on the

application. Within ten (10) working days after the date of

submission, the Land Use Administrator will determine whether an

application Is sufficiently complete to be forwarded alonq the

proper DMP.

If the Land Use Administrator determines that the application is

incomplete or the necessary attachments have not been submitted,

he will immediately notify the applicant of this negative

determination by mail or otherwise convey an explanation to the

applicant. An application for which a negative determination has

been made may be resubmitted (without charge if the original fee

submission was as required) after It Is revised to overcome the

reasons for the negative determination.

If a development permit application is in conformance with the

submission provisions, the Land Use Administrator will accept it,

deem it to be complete, note the date of acceptance, assign an

application number, and initiate application processinq in
0 accordance with the appropriate Decislon-Making Path (DMP).

The documents to be submitted are intended to provide the

approving authority with sufficient information and data to

ensure that the proposed development meets the zoniliq and desiqn

and improvement standards contained in this Ordinance. The

documents to be submitted will vary depending upon the nature of

the development request and Its particular position within the

development approval process. Generally, the documents and

details to be submitted are shown on Exhibit 2.

The potential impact of larger plans of development on the

County, as well as any development in close proximity to

naturally or culturally siqnificant areas, may require a more

detailed level of scrutiny on the part of the plan-approvinq

authority. If it is deemed that a project may be of potential

negative impact which would compromise the InteqrItY of the

Comprehensive Plan, or be Inconsistent with the purposes of the

ordinance as stated in Section 1-3 or with the overall spirit of

the ordinance, the plan -appr ovi ng authority may require the

submission of a community Impact Analysis. The precise content

of a Community Impact Analysis will be made specific by the plan-

approving authority in response to the specific concerns It has

with the development proposal. However, the scope of issues

which the plan-approving authority could request the applicant to

address include, but are not limited to:

- Archaeological and Historic inventories

- Cultural and Natural Resource impact Studies

Fiscal Impact Analysis

Governmental Services Impact Analysis

Groundwater Studies

Residential and Commercial Market Studies defining capacity

for growth and impact an existing markets

Traffic impact Analysis

Utility Analysis

WAIVER OF' SUBMISSION REQUIREMENTS

The Land Use Administrator may waive all 'or some of the

submission requirements for those applications within DMP-a if lie

has determined that a complete and thorough review of the

application can be accomplished without submittal data which is

absent. The Land Use Administrator shall document the reason.-,

for waiving submission requirements.

The approving authorities within DMP-b to DMP-e will make the

final determination if a waiver from submittal requirements is

warranted. The fact that the Land Use Administrator may label an

application within DMP-b to DMP-e as complete for processing does

not preclude the approving entity from requesting the submission

of clarifying information or additional data.

SIMULTANEOUS REVIEW OF PLATS AND PLANS AND OTHER REQUESTS

a. Where a proposed subdivision is a part of a development

for which site plan approval is required, the

subdivision plat/plan and the site plan will be

reviewed at the same time as nearly as possible under

the requirements of these regulations.

b. With the approval of the plan-approviny aqent,

preliminary and final approval may be combined into a

single submission requesting final approval.

C. Plats and plans may be approved conditionally pendinq

receipt of other approvals such as variance relief,

wetlands permits, special use permits, etc.

SPECIFIC APPLICATIONS

The various applications for which subMittals and approvals, may

be required are shown in Exhibit 4 contained in the following

section related to the REVIBW/ACTION STAGE. This manual does not

discuss these applications in detail although it does provide

ordinance section numbers to refer applicants to applicable

ordinance provisions. The Land Use Administrator will council
0 all applicants in this regard, preferably at the PRE-APPLICATION

STAGE.

REQUIRED SUBMISSION DOCUMENTS

DEVELOPMENT STAGE
Preapplication Minot Application Major Application
Item Sketch Plan/ Site General Subdivision Site Plan
No. Description Plat Subdivision Plan Development Prelim Final Prelim Final
(optional) Plan

1. PROJECT-PLAT INFORMATION

1. Name, addle35 of owner
and applicant. X X X X X X X X

2. Name, signature, license
number, seal and address
of engineer, land survey-
or, architect, planner,
and/or landscape architect,
as applicable, involved in
preparation of plat. X I X X X X X X

3. Title block (See Exhibit 5 X X X X I X X X
of ordinance)

4. A key map at a scale of
not less than one Inch
equals two thousand feet
111=20001) showing
location of tract vith
reference to surrounding
properties, streets,
Jurisdictional boundaries,
etc., within 5001; date
of current survey. X X X X I X X X

5. A schedule of required
and provided zone dis-
trictis) requirements
Including lot area, width,
depth, yard setbacks,
building coverage, open
space, parking, etc.
lArticle 3) X X X X X X X X

6. North arrow and scale
(11=1001 or as accepted) X X X X X X X X

RICHMOND C6_UKT_Y D-E-S-IGH MANUAI, (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID b. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173 WILLIAMSBURG, VA 23187 (804)220-9476

EXHIBIT 2 (cont.)

REQUIRED SUBMISSION DOCUMENTS

DEVELOPMENT
Preapplication Minor Application major Application
Item Sketch Plan/ Site General Subdivision site Plan--
No. Description Plat subdivision Plan. Development Prelin Final Prelin Final
(optional) Plan

7. Evidence that taxes are
current. X X X X X X X

8. Appropriate certifica-
tion blocks. (See
Exhibit 5 of the Ordinance) X X X X

9. Appropriate signature
blocks for approvals.
fSee Exhibit 5 of the ordinance) X X X X X X X

10. Monumentation. (4-2-7) X X

11. Drawn on sheets
measuring 18'x24". X X X X X

12. Metes and bounds descrip-
tion showing d1menslons,
bearings, curve data,
length of tangents, radii,
arcs, chords and central
angles for all centerlines
and rigbts-of-way, and
centerline curves on
streets. X X X X

13. Acreage of tract to the
nearest tenth of an acre
(for GDP, to nearest acre). X X X I X X
(general)

14. Date of original and all
revisions. I X I X I X

15. Size and location of any
existing or proposed struc-
tures with all setbacks
dimensioned X X X X X X X X
(general) (general)

- --- - --------------- - ---------
RICHMOND COUNTY DESIGN MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. 801 173 WILLIAMSBURG, VA 23187 (804)220-9476

EXHIBIT 2 1cont.)

REQUIRED SUBMISSION DOCUMENTS

I. DEVELOPMENT STAGE
Preapplication Minor ADDIICatI0n ____ Ma o Appli(LaW-p
Item Sketch Plan/ site General Subdivision Site Plan
go. Description Plat Subdivision Plan Development Prelim Final Prelim Final
(optional) Plan

n
of any existing or pro-
posed streets on or
within 2001 of site. X X X I X X X X
(general) (general)

17. Property owners and
lines of all parcels
within 2001 Identified
on most recent tax map
sheet. X X X X X X

18. All proposed lot lines
and area of lots In
square feet. X X I X X X

19. Copy and/or delineation
of any existing or pro-
posed deed restrictions
or covenants, X X X X X X X X
(if available)

20. Any existing or pro-
posed easement or land
reserved for or dedi-
cated to public use, X X X X X X X X
(if available)

21. Development stages or
staging plans. X X X X X
(geneiall

22. List of required requ-
latoty approvals or
permits.- X X X X X

23. List of variances
required or requested.' X X X X X X
(3-7)

--- - ---------- - -
RICHMOND COUNTY DESIGN MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173 WILLIAMSBURG, VA 23187 (804)220-9476

EXHIBIT 2 (cont.)

REQUIRED SUBMISSION DOCUMENTS

. . DEVELOPMENT STAGE
Pteapplication Minor Application Major ApplicatLoA__
Item Sketch Plan/ site General subdivisig-n Site Plan
go. Description Plat Subdivision Plan Development Prelim Final Prelim Final
(optional) an

21. Requested or obtained
design waivers or
exceptions.' X X X X X X
(4-1-2)

25. Payment of applica-
tion fees. X X I X X X X

11. SETTING-ENVIRONMENTAL INFORMATION

26. Resource Inventory (2-2-4) X X X I X X X X

27. Topographical features
of subject property
from U.S.C.10's, map. X X X X

28, Existing and proposed
contour Intervals
referenced to USUS datum.
Contours to extend at
least 200' beyond subject
property as follows:
up to 3% grade : 11
3% 4 grade = 21 X X X X

29. Boundary, limits, nature
and extend of wooded
areas, specimen trees, and
other significant physi-
cal features. X X X X X X X X
(general) (general)

--- - --------------------- - ----- - --------------
RICHMOND COUNTY DESIGN MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID h. KhEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173 WILLIAMSBURG, VA 23187 (804)220-9476

EXHIBIT 2 (cont.)

REOUIRED SUBMISSION DOCUMENTS

DEVELOPMENT
Preapplication Hinox Applicot.lon
Item Sketch Plan/ Site General Subdivision 1@iLe @IaL_
No. Description Plat Subdivision Plan Development Prelim Final Prelim Final
(op ional) Plan

30. Existing system of drain-
age of subJect site and
generally, of any larger
tract or basin of which
It Is a part, XJ X2 X X X X

31. Preliminary architectural
plan and elevations vhen
required (4-1-2 and/or by
3-13)

32. Spot and finished
elevations at all
property corners,
corners of all struc-
tures or dwellings,
existing or proposed
first floor elevations. V (general Xlocation X X X I
33. hot and block pattern, of buildings)
layout of streets (4-2-2) X X I X X X X

31. New block and lot numbers
confirmed with Commis-
sioner of Revenue. X

35. Right of way design,
etc. 14-3-2) X X X X

36. open space and recreation
plans and patterns. (4-4-2) X X X X X X
(general) (generall

- ---------------
RICHMOND COUNTY DESIGN MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID h. KLRPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173 WILLIAMSBURG, VA 23187 (8041220-9476

EXHIBIT 2 (coot.)

REQUIRED SUBMISSION DOCUMENTS

DEVELOPMENT STAGE
Preapplication Minor icat,
ALI inn Ka or Application
item Sketch Plan/ Site General Subdivision Site Plan
go. Description Plat Subdivision Plan Development Prelim Final Prelim Final
(optional) Plan

37. Proposed utility Infia-
structure plans, Including
sanitary sevei, septic tank
and drainfields (primary
and reserve), storm sewers,
water, telephone, electric,
and cable TV. (4-5-2 and 4-6-2) X I I x X
(general)

III. ASSESSMENTS, IMPROVEMENTS AND CONSTRUCTION INFORMATION

38. Health Pep't permits,' x X x x X X X
(4-5-2) (if available)

39. Drainage calculations,
plans, etc. 14-7-2) X] X3 I X x x x
(generall

40. Erosion and Sediment
Control Plan. X3 X3 X X X X
(4-8-2)

11. Site Identification
signs, traffic control
signs, and directional
signs. (4-9-2) X X X X

42. Lighting plan and details, X X X X x
(4-10-2)

43. Off street parking and
plan showing spaces, size
and type, aisle width, curb
cuts, drives, dtivevays, and
all ingress and egress
areas and dimensions, etc. X X x x

RICHMOND COUNTY DESIGN MANUAL JDRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173 WILLIAMSBURG, VA 23187 (804)220-9476

EXHIBIT 2 (cont.)

REQUIRED SUBMISSION DOCUMENTS

fteapplication Mfin-q!- App.1 I cation -_._Mjj-qK App! 'icat Jo'n"-"'
Item Sketch Plan/ Site General Subdivision Site Plan
go. Description Plat Subdivision Plan Development Prelim Final Prelim Final
(optional) Plan

44. Landscape plan and details. X x X x X X
(4-12-2)

45. Performance standard
compliance 14-13-2)1

16. Easements, type and location

47. Solid vaste management
plan including recycling X3
facilities. (4-15-2) X X

48. Emergency service details
(4-16-2)3

49. ROSCO design (4-18-2)1

50. Shoreline stabilization
structures, docks, piers,
boat ramps and other water-
related structures,
(4-11-2, 3-14-4)3

51. Peiformance/Maintenance
Guarantees. (2-5)3

52. Community Impact Analysis.
(2-2-6)3

53. Water ouality impact
Assessment. (3-14-3 )2 X x X X x X

RicH-H6N-D-C-O-UN-T-Y--D-E-Sl-G-N--M-AN-U-A-h--(-D-R-A-FT-) --- - ----- ------- -V J R' G-ii I-A-
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNIKG CONSULTANT AUGUST 1991
P.O. BOX 173 WILLIAMSBURG, VA 23187 1804)220-9476

Notes:

I Items required at Indicated development stage.-

1. Conditional approval may be granted subject to other regulatory approvals. Wetland permits, if
necessary, must be obtained and submitted to the Land Use Administrator before final approval Is
granted.

2. must only be prepared If development proposal Is wIthJn Resource Protection Area of if required by the
hand Use Administrator.

3. As and when required.

RICHMOND COUNTY DESIGN MANUAL 1DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AJCP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173 WILLIAMSBURG, VA 23187 (804)220-9476

REVlEW/ACTIQN STAGE

DECISION-MAKING PAT14S (DMPS) . WITHIN THE PLAN OF DEVELOPMENT

APPROVAL PROCE8S

As shown on Exhibit 1, there are five different types of

decision-making paths (DMPs) necessary in order to administer the

provisions of this Ordinance. These five DMPs are explained

below and In Exhibits 3 and 4.

a. DMP-a: This decision-ftiaking path relates to all

development approvals which are issued administratively

by staff and do not require approval by tile Board of

Zoning Appeals (BZA), Board of Supervisors (Board), or

any other board or commission appointed by tile Board.

An application under DMP-a will be processed without a

public hearing or notification of adjacent property

owners. Staff may solicit input from other agencies,

departments, boards, commissions and citizens as deemed

necessary. Although it is the intent of the County to

review applications with as little delay as possible,

some applications may require referral to other

agencies. Howeverf a decision shall always be rendered

within sixty (60) days of the date a complete

application is submitted. A decision of the

Administrator may be appealed in accordance with the

appeal provisions of Section 2-4-1.

EXHIBIT 3

DECISION-MAKING PATH DETAILS

DECISION MAKING RELEVANT
PATH/PLAN APPROVING ORDINANCE
AUTHORITY ACTION SECTIONS

DMPa - Certificate of Compliance 2-6
Land Use - Exempted Activites 2-2-lb
Administrator - Minor subdivisions/site plans 2-2-10
- Major subdivisions(less than 50 lots)/site plans (less than
10 acres disturbed) 2-2-11
- Design waivers, exceptions 3-14-10
and 4-1-2
- Administration special use permits 3-17
- Density Bonus 3-18

DMPb - Major preliminary subdivision (50+ lots)/site plans (10+ acres 2-2-11
(Public Hearing) disturbed)
Ward of Supervisors - General development plans 2-2-11a
- Rezoning requests 2-5
- Special use permits 3-17
- Density Bonus 3-18

DMP-c - Major final subdivisions/site plans 2-2-11
Board of supervisors - Design waivers, exceptions 3-14-10
and 4-1-2
- Performance/maintenance guarantees 2-5
- Appeals from decisions of the Land Use Administrator 1-4-1

DHP-d - Zoning Variances 3-7
Public Hearing) - Zoning Appeals 2-4
Board of Zoning - Zoning Interpretations
Appeals

DMP-e - Tidal wetlands disturbing permit 3-14-4
(Public Hearing)
Wetlands Board

RICHMOND COUNTY DESIGN MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. 173 WILLIAMSBURG, VIRGINIA 23187 (804)220-9476

EXHIBIT 4

DECISION-MAKING MATRIX

PUBLIC APPLICABLE
HEARING DECISION-MAKING PATH
APPLICATIONS REQUIRED a b c d e

- Certificate of
Compliance X
- Minor Subdivisions X
- Minor Site Plans X
- Erosion & Sediment
Control Permits X
- Administrative special
Use Permits X
- Preliminary and Final
Subdivision (less than
50 lots) X
- Preliminary Subdivision
(50+ lots) X X
- Preliminary and Final
Site Plans (less than
10 acres disturbed) X
- Preliminary Site
Plans (10+ acres
disturbed) X X
- Rezoning X X
- Plan and ordinance
Amendments X X
- Special Use Permits X X
- Minor Revision to
DMP-b Approvals X
- Final Subdivisions
(50+ lots) X
- Final Site Plans
(10+ acres disturbed) X
- Acceptance of surety X
- Appeals of Administrative
Decisions Relative to
Design Standards X
- Variance Requests X X
- Appeals of Administrative
Decisions Relative to
Zoning Provisions X X
- Interpretation of
Zoning Map X X
- Wetlands Permits X X

RICHMOND COUNTY DESIGN MANUAL (DRAFT) RICHMOND COUNTY, VIRGINIA
PREPARED BY DAVID L. KLEPPINGER, AICP TOWN AND COUNTRY PLANNING CONSULTANT AUGUST 1991
P.O. BOX 173 WILLIAMSBURG, VIRGINIA 23187 (804)220-9476

b VMP-b: This decision-making path relates to all

development approvals granted by the Board of

Supervisors after the' conduct of a public hearinq.

This DMP will involve the solicitation of comments and

recommendations from staff, local boards and

commissions and other governmental entities before a

final decision is made. Public hearings shall be field

after public notice is provided in accordance with the

public notice provisions of Section 2-3.

The Land Use Administrator shall forward a complete

application to the Commi5sion, which shall hold at

least one (1) public hearing in accordance with the
lie
public notice requirements of Section 2-3. Following

the hearing, the Planning Commission shall prepare and

by motion approved its recomitiendaLlon,, which may

include changes to the original application proposal.,

and transmit such recommendations, together with any

explanatory materials, to the Board of Supervisors.

The Planning Commission's recommendation shall state

the public purposes upon which their recommendation is

premised. Failure of the Planning commission to submit

a recommendation to the Board of Supervisors within

ninety (90) days of the first meeting of the Commission

after the application had been referred to it shall be

deemed as a recommendation for approval, unless the

-application Is withdrawn by the applicant prior to the

expiration of such Urfie period, The Board will conduct

a public hearing advertised in accordance with the

public notice provisions specified in Section 2-3.

Approval or denial by the Board shall occur within

forty-five (45) days after receipt of all state

approvals or ninety (90) days after submission of a

complete application, whichever Is qreater. The

applicant may relieve the Board and Planning Commission

of rendering a decision wi th I n the time p er i o do.

provided If doue so In writing prior to the exp irat lon

of the time period. A decision by the Board way be

appealed in accordance with appeal and provisions of

Section 2-4-2.

C. DMP-c: Th is d e c I s I o n - ma k I n qpath relates to all

development approvals granted by the Board of

Supervisors which do not require a public hearing.

DMP-c may involve the solicitation of comments and

recommendations from staff, local boards and

commiss Ions, and other governmental entities before a

final decision is made. Appeals may be made in

accordance with the appeal provisions of Section 2-4-2.

d. DMP-d: This decision-makinq path relates to alL zoning

appeals and requests granted by the Board of Zoning

Appeals (BZA). DMP-d involves the conduct of a public

hearing after public not ice has been provided in

accordance with the public notice provisions of Section

2-3. Solicitation of comments and recommendations from

the Planning Commission is mandatory before a decision

is rendered. Comments and recommendations may also be

solicited from staff, local boards and commissions, and

other governmental entities before a final decision is

made. Appeals may be made in accordance with the

appeal provisions of Section 2-4-2.

e. DMP-e: This decision-making path relates to all

development approvals granted by the Wetlands Board.

The Wetlands Board conducts a public hearinq not later

than sixty (60) days after receipt of an application

for a proposed regulated activity within tidal wetland

areas. Public hearings are conducted after public

notice has been provided in accordance with the public

hearing provisions of Section 2-3. It is mandatory

that the applicant, the Board of Supevisors, the

Commissioner of the Virginia Marine Resources

commission, the owner of record of any land adjacent to

the wetlands in question, the Virginia Institute of

Marine Science, the Department of Game and inland

Fisheries, the State Water Control Board, the

Department of Transportation and any governmental

agencies expressing an interest therein be notified of

the hearing by mail not less than twenty (20) days

prior to the date set for the hearing. Solicitation of

comments and recommendations from staff, local boards

and commissions and other governmental entities occurs

before a final decision is made. Appeals may be made

in accordance with the appeals procedure of Section

2-4-2.

HISTORY

Richmond County lies along the north shore of the Rappahannock
River, bounded by Westmoreland, Northumberland, and Lancaster Coun-
ties. The area was part of Lancaster, and then part of "Old Rappa-
hannock" until increasing numbers of settlers justified its division
into Richmond County on the north side and Essex County on the south
side of the river. The two new counties were so formed by the Assem-
bly at Jamestown in 1692 and were named for the reigning favorites at
the court of William and Mary. The petition was brought to the
Assembly by the prime entrepreneur of the vicinity, Moore Fauntleroy,
whose dealings with the Rappahannock Indians are on record, and by
those who had followed him sailing up the river. They were mostly
Englishmen, a very few Huguenots, and later some Irishmen. Some of
their names still linger here.

Court was held in gentlemen's homes and records were kept in the
county clerk's home until the Court House was built (authorized in
1748) by Colonel Landon Carter, and the Clerk's office was built
(completed in 1816) by Colonel John Tayloe III. These two men's
plantation homes, Sabine Hall and Mount Airy, still house their
descendents. Francis Lightfoot Lee, one of two brothers who signed
the Declaration of Independence, lived at Menokin with his wife, a
daughter of Colonel John Tayloe III; the Menokin house, upriver from
Mount Airy, is now in ruins. Another famous son of Richmond County
was Judge Cyrus Griffin. He was born in 1748 near Downings. He
became President of the Congress in 1788, held many other political
offices and was appointed United States District Judge for Virginia.
Richmond County was also the home of Congressman William Atkinson
Jones who sponsored the bill for Philippine Independence in 1916.
His home in Warsaw is still maintained by his family and a memorial
monument sent by the Philippine people marks his grave at St. John's
Church here.

Between two large rivers and laced with many creeks, the coun-
ties of the Northern Neck have been protected from sociological up-
heavals such as wars and depressions. Life had had a remarkably even
tenor until World War I. Soon afterward, in 1927, the Downing Bridge
was completed, opening the counties here to "the outside". Steamboats
were no longer the main means of communication.

Until the mid-twentieth century, agriculture, seafood, and
timber were the main industries. Dairy farming, canning and trapping
have been specialized forms of occupations but these are less common
now. Hunting and fishing, once as a livelihood, and always for
sport, are important here. Churches abound throughout the County. A
colonial church, North Farnham, built in 1737 and restored to fine
condition, is in regular use. St. John's Church (1836) in Warsaw,
Menokin Church (1838) and Farnham Baptist Church (1856) are old
meeting houses and have active congregations.

The county seat was called Richmond Court House until it was re-
A named Warsaw in 1846 in sympathy for the Polish struggle for liberty
at that time.

ENVIRONMENT AND NATURAL RESOURCES

PHYSICAL ENVIRONMENT

The physical environment of Richmond county is largely
determined by its coastal setting. The Rappahannock River and
two of its tributaries provide the natural border for a large
portion of Richmond County. The soils, topography and geology of
the County have been formed from the sedimentary processes and
sea level changes that have taken place over many years in the
Chesapeake Bay watershed.

The coastal environment of Richmond County is responsible
for the bounty of renewable, natural resources which are found
there. The fertile soils of the County, formed from marine and
fluvial sediments, provide a strong base for agriculture and
forestry. The waters of the Rappahannock river and its
tributaries provide a healthy environment for finfish and
shellfish. Together, the production and harvest of these
renewable resources serves as the mainstay of the Richmond County
economy.

The high quality groundwater that lies underneath Richmond
County presently provides the sole source of potable water. The
continued quality and integrity of this natural resource is of
the highest importance as the beauty of the County's natural
environment attracts future growth and development.

GEOGRAPHY

Richmond County is located in Virginiafs Northern Neck
region, a coastal peninsula which lies between the Potomac River,
the Rappahannock River and the Chesapeake Bay. The County is
bounded by the Rappahannock River along the length of its
southern border. It also shares a border with each of the other
three counties of the Northern Neck: Westmoreland County,
Northumberland County and Lancaster County. (see Map A)

The total area of Richmond County is about 203 square miles,
of which approximately 11 square miles are water. The County is
approximately eight miles wide and 26 miles long. The
Rappahannock River and its numerous tributaries form a tidal
shoreline of approximately 142 miles and a nontidal shoreline of
approximately 560 miles for Richmond County. These tributaries
include: Brockenbrough Creek, which forms the border between
Richmond and Westmoreland Counties; Garlands Creek; Jones Creek;
Waterview Creek; Cat Point Creek; Little Carter Creek; Jugs
Creek; Balls Creek; Pecks Creek; Totuskey Creek; Richardson
Creek; Farnham Creek; Morattico Creek; and Lancaster Creek, which
forms the border between Richmond county and Lancaster County.

TOPOGRAPHY kKD PHYSIOGRkPHY

Although Richmond County lies entirely within the Southern
Coastal Plain physiographic province, the relief of the County
varies between flat coastal lands and hillier areas more typical
of the Piedmont Region. Three physiographic subregions are found
within the County which represent this variation in land and
topography: the coastal plain upland, the low marine terrace and
the fluvial river terrace.

The fluvial river terrace, which ranges from sea level to 10
feet above sea level, includes Mulberry Island and other tidal
marsh areas along the Rappahannock River and the major creeks.
The low marine terrace, which ranges from 10 to 50 feet above sea
level, and the fluvial river terrace together comprise roughly a
fourth of Richmond County. These two subregions make up a band
along most of the Rapphannock River, except in the northwestern
part of the County, where steep cliffs rise up to 140 feet from
the river's edge.

The coastal plain upland ranges from about 90 to 170 feet
above sea level and includes the northwestern section of the
County as well as the flatter inland plateaus. This area is a
nearly level to gently undulating plain in the northeastern part
of the County, with a well established, deeply cut drainage
system. The drainageways and their steep sidewalls cover about
50 percent of the upland area and are the dominant feature in the
northwestern part of the County.

The drop from the.upland to the marine terrace is similar to
the larger scale Piedmont to Coastal Plain topographical
transition. The drop*along the fifty-feet contour, or "Suffolk
Scarp", produces a number of environmental effects similar to
that of the geological fall line, including changes in wetlands
communities, salinity gradients and aquatic communities.

CLIMATE

Richmond County enjoys a temperate, semi-maritime climate,
with mild winters and warm and humid summers. The mountains to
the west and the Chesapeake Bay and its tributaries are major
factors controlling the climate of Richmond County. The
mountains produce various blocking and steering effects on storms
and air masses coming from the Great Lakes region. The large
open bodies of water in proximity to Richmond County buffer
atmospheric temperature changes and provide breezes near shore,
which mitigate the high humidity.

The growing season in Richmond County is 194 days. This
season is defined as the period between the average date of the
last freezing temperature in spring, April 15, and the average
date of the first freezing temperature in fall, October 26.
Freezing temperatures have occurred as early in the fall as
October 6, and as late as May 11 in the spring.

Precipitation is evenly distributed throughout the year with
the maximum in July (average 4.31 inches) and the minimum in
February (average 2.71 inches). The annual mean precipitation,
as determined over a thirty year period at the Eastern Virginia
Research Station in Warsaw, is 42.61 inches. On an average year,
23 inches of this precipitation falls during the growing season,
April to September, and 17.3 inches of this precipitation falls
during the winter and includes varing amounts of snow.

Hurricanes and other tropical storms occasionally affect
Richmond County, though they usually lose their hurricane force
due to the distance from the ocean. The remaining low pressure
centers typically produce heavy rains and strong winds.

SOILS

The soils in Richmond County have been mapped and described
in the Soil Survev of Richmond County Virginia, completed in 1979
by the U.S. Soil Conservation Service (SCS) and the Virginia
Polytechnic Institute and State University. The Soil Survey
provides maps of the different soil types in the County. It also
describes the characteristics of each soil type, including slope,
color, texture, structure and drainage. The characteristics of
these soil types are then evaluated to determine each soils's
suitability for agricultural production, forestry production,
building-site development, septic tank installation, recreation,
wildlife habitat and other uses.

The suitability of a soil for various types of land
development and/or the installation of septic tanks is important
to comprehensive planning in Richmond County. The presence of
certain soil types can.increase the cost of development, or limit
it entirely, due to Virginia Health Department regulations for
placement of septic tanks (determined by the permeability of the
soil slope of the land, and the depth to the water table). The
slope, erodibility and infiltration rate of a soil also determine
the degree to which development will increase levels of surface
water runoff which lead to erosion, sedimentation, and other
types of nonpoint source pollution.

One of the most important soil considerations for
development is the depth from the surface to the groundwater
table.. The closer the water table to the surface, the greater
will be the pollutant impacts to the groundwater from septic
tanks and other sources of pollution. In areas where the water
table reaches the surface for at least a week during each growing
season, the soil takes on the characteristics and definition of a
wetland. other important soil considerations are slope and
erodibility. Areas of high slope present constraints to grading,
construction and development, particularly on "loose" soils which
are subject to erosion.

Development and engineering practices, such as drainage of
wetlands and extensive grading, which are used to overcome
natural soil limitations, lead to a number of environmental
impacts and hazards. These soil limitations, therefore, should
be carefully considered in planning for growth and development in
Richmond County.

The general soil associations for Richmond County are shown
in figure 2. The Soil Survey should be consulted for more .
detailed maps of the soils of the County and for descriptions and
interpretations of these maps.

NATURAL RESOURCES

SURFACE WATER AND MARINE RESOURCES

The abundant quantity and high quality of the waters in and
around Richmond County represent a resource of inestimable value.
Protecting the quality of this resource is essential to
maintaining the economy of the County and the livelihood of many
citizens. This protection must be accomplished, even in the face
of development and change within the County.

WATER SUPPLY IMPOUNDMENTS

Presently, there are no surface water supply facilities in
Richmond County. However, a great deal of surface water lies
within the boundaries of the County. Numerous freshwater streams
form in the upland areas and fan out into tidal creeks and
estuaries across the coastal necklands.

Most of the surface water contained in these streams and
creeks is subject to tidal influence and levels of salinity which
make it unsuitable for public water supply purposes. The
freshwater portions ot-the majority of these streams are not
large enough to expand existing water supplies without the
creation of impoundments or reservoirs.

SHELLFISH RESOURCES

Shellfish, such as oysters, that are harvested in the waters
around Richmond County are a potentially bountiful resource for
the citizens of the County. over recent years, however, oysters
have demonstrated an acute sensitivity to the environmental
stresses caused by water pollution. Being sessile throughout
their adult life, oysters are unable to avoid contaminated
waters; and being filter feeders, oysters concentrate bacteria,
viruses, heavy metals, pesticides and other pollutants that are
found in the surrounding water. In recent years, viral disease
has resulted in a drastic decline in oyster populations.

Blue crabs are found in all estuaries of the County and are
of value to watermen, boaters and waterfront landowners.

FISHERY RESOURCES

Several species of saltwater fish are found in the estuaries
of Richmond County, including rock fish, spot, yellow and white
perch, herring, shad and eels; also some sea trout, flounders,
sunfish and bluefish occur. of these commercially valuable
species, all but eels are valued also by sport fisherman.

Fresh water species are found in the ponds of Richmond
County and freshwater portions of the Rappahannock River. In the
fresh water ponds, there are populations of large mouth bass and
blue gills, as well aschain pickerel, carp, crappie, sunfish and
catfish.

The fisheries in the Rappahannock River and throughout the
Chesapeake have suffered declines in recent years. These
declines are the product of changes in water quality and
extensive harvesting pressure. It is well recognized that
management efforts to replenish the levels of these fishery
stocks must address both of these problems in order to be
successful.

IMPACTS ON WATER QUALITY

Non-point sources, as well as point sources, of water
pollution contribute to a decline in water quality. Non-point
sources are those that do not involve a single point of
wastewater discharge. Septic system failure over a large
development is an example of non-point pollution. The majority
of non-point source pollution, however, is associated with soil
erosion and surface wate'r runoff from areas of human impact or
development. Surface water runoff carries with it sediments and
other pollutants from cultivated lands and construction sites,
where such pollutants are not retained or filtered by natural
vegetation. These other pollutants include fertilizers,
pesticides, herbicides, automobile pollutants and organic
nutrients. These materials have a significant impact on water
quality.

Failing septic tank drainfields, kitchen and laundry wastes,
animal waste sources, minor industrial sources, seafood
processing operations, marinas and sewage treatment plants are
responsible'for the condemnation and closure of shellfish beds,
as discussed in the following section.

The degradation of water quality creates subsequent declines
in populations of fish, shellfish and submerged aquatic
vegetation. Submerged aquatic vegetation serves as important
fishery habitat and provides a natural system for cleansing and
filtering water borne pollutants. As aquatic vegetation
declines, the effects of pollution and sedimentation accelerate
and the waterbody loses its natural ability to recover. The
waters of Richmond County and the Rappahannock River have not
suffered the level of decline witnessed in other areas but
further impacts must be minimized to ensure the continued health
of these waters.

WATER QUALITY PROGRAMS

Erosion and Sediment Control

Richmond County has adopted and enforces an Erosion and
sediment Control ordinance which is aimed at controlling erosion,
runoff and sedimentation caused by grading, construction and
other land clearing and earth -moving activities. The Erosion and
Sediment Control Ordinance requires that a developer submit a
plan for minimizing erosion and sedimentation to the County,
prior to conducting any land development activities. The
ordinance also requires that each provision in the plan be
carried out and maintained.

Farmland Best Management Practices

Numerous state, federal and regional agencies are involved
in programs to assist farmers in Richmond County to apply soil
conservation and best management practices to their cultivated
areas in order to control runoff from agricultural land. These
agencies incorporate financial incentives with technical
expertise to devise conservation stategies that will maximize
benefits to farmers through soil conservation and minimize the
negative impacts of pollutant runoff to the waters of the County.
The Chesapeake Bay Preservation Area Program requires approved
Water Quality Conservation Plans for all farms in the County by
the end of 1995.

State Shellfish Sanitation Program

Because of the potential health hazards associated with
harvesting filter feeder shellfish in areas of bacterial, viral
or toxic pollution, a national program to monitor and regulate
shellfish production and harvesting was established in the
1920's. The National Shellfish Sanitation Program monitors and
controls the harvesting and selling of all shellfish, including
oyster harvests in Richmond County. The National Shellfish
Sanitation Program is administered nationally by the Food and
Drug Administration. Within the Commonwealth of Virginia, the
program is administered by the Bureau of Shellfish Sanitation
within the State Department of Health. Under guidelines of the
National Program, the Bureau of Shellfish Sanitation defines
which shellfish waters are safe for harvesting and which have
been contaminated.

The standards for safe shellfish harvesting areas are based
on the levels of certain contaminants in the waters, particularly
those associated with industrial and domestic wastes. The
concentration of coliform bacteria, which is associated with
human and animal wastes, is the prime indicator that is used to
determine the possible presence of health-threatening
contamination. If industrial wastes are found or if high
coliform levels are found in an area, the waters in that area are
"condemned". Restrictions are then placed on the harvesting of
shellfish from those waters. Under these restrictions, shellfish
can only be harvested with a permit that requires the harvested

shellfish to be moved to approved, non-condemned areas or
depuration plants for a set period of time.

Areas are condemned conditionally, seasonally, or
indefinitely. Conditionally condemned areas are open to
shellfish harvesting under normal conditions but may be closed if
the monthly survey, performed by the Bureau of Shellfish
Sanitation, detects unsuitable levels of contaminants. Some
areas are closed seasonally, during certain months of the year.

At the present time, condemned shellfish areas exist in
Lancaster Creek, on the border between Richmond and Lancaster
Counties (251 acres); Farnham Creek (192 acres); Richardson Creek
(158 acres); Totuskey Creek (582 acres); and the Rappahannock
River above Lowery Point (nonproductive oyster ground).

GROUNDWATER

Residents of Richmond County rely totally on groundwater as
a source of water supply. At the present time, groundwater is an
adequate source of good quality drinking water. The groundwater
in the County is contained in three layers or geologic strata.
The water supply tapped by shallow wells is contained in the
upper water table, which is located relatively near the surface
of the ground. Two artesian aquifers lie below Richmond County.
The top of the Upper Artesian Aquifer lies at between 200 and 300
feet below the surface and the top of the Principal Artesian
Aquifer lies at between 300 and 450 feet below the surface. In
general, the aquifers are tilted relative to the surface, dipping
downward from west to east.

Water quality from the aquifers is good although some wells
produce water having sodium bicarbonate and silica in quantities
sufficient to make it undesirable for boiler use. High sodium
levels are also a concern for those on restricted sodium diets.

IMPACTS ON GROUNDWATER

Presently, the groundwater in the County is of sufficient
quantity and quality to meet the water supply needs of residents;
and there are no known immediate threats to the resource.
However, there are two problems which could arise in the future
.and which have already arisen in other parts of Eastern Virginia.
One potential problem is a drop in water level in wells, caused
by over-utilization of groundwater. Intensive water use in a
given area can cause a water level drop in surrounding areas.
This effect, known as a "cone of depression", has been
responsible for drying up private wells in many areas of Virginia
where groundwater use is high.

Drops in water level have been documented at observation
wells in Richmond County. Though these drops have not been
severe, their threat to the groundwater supply is great because
of the County's coastal location and the high risk of saltwater
intrusion.

The second groundwater problem that can occur involves

groundwater pollution by various types of contaminants.
Contaminants placed on, or stored at, the ground surface can move
through the ground and pollute the water table and even the
deeper aquifers. In May of 1987, the Virginia
GroundwaterProtection Steering Committee published A Groundwater
Protection Strategy for Virginia, in which the Steering Committee
assigned top priority to five potential sources of groundwater
contamination: underground storage tanks; landfills; waste
lagoons; septic tanks; and pesticides and fertilizers.
Additionally, promiscuous dumps, highway de-icing salts and
certain agricultural activities may pose threats to the
groundwater resource of the County.

In Richmond County, the pollution potential to groundwater
from these and other sources is high because of the geology of
unconsolidated sand, clay, marl and shell strata that allow for
high mobility of waterborne contaminants. This high degree of
sensitivity of the County's groundwater resource and the
importance of this resource to the citizens of Richmond County
indicate that vigilance be maintained to insure its continued
quality and integrity.

GROUNDWATER PROTECTION PROGRAMS

At the present time, Richmond County administers no program
for the protection of groundwater. Prior to 1988, the Code of
Virginia did not explicitly allow local governments to regulate
land uses, based on the protection of groundwater. During the
1988 General Assembly Session, however, two pieces of legislation
were passed which specifically authorize local governments to
incorporate the protection of groundwater resources into their
comprehensive plan and'zoning ordinances. This protection could
be accomplished by Richmond County through the designation of a
"groundwater protection area" overlay district and the
establishment of land use requirements for this area.

Under the Virginia Groundwater Act of 1973, areas in
Virginia may be designated as groundwater management areas. This
designation provides a permitting process for large quantity
groundwater users which may potentially impact the groundwater
levels in an area. Presently, this designation applies to only
the Southeastern Virginia region and the Eastern Shore. However,
it is an avenue for future groundwater protection if depletion of
the County's groundwater resource accelerates.

WETLANDS

Along the shoreline and within the creeks and estuaries of
Richmond County, wetlands and marshlands provide important
transitional zones between land and water. These wetland and
marshland areas have long been recognized for the many valuable
functions they perform in their natural state. These functions
include: the buffering and stabilization of the shoreline from
the process of coastal erosion; the storage of surface water for
groundwater recharge; the buffering and absorbtion of flood
waters; the production and transport of detrital food material,
important to the aquatic food web; the filtering and cleansing of
runoff and other waters which pass through the wetlands; and the

provision of wildlife and waterfowl habitat, particularly for the
critical nursery stages of many important fish species. These
species, known collectively as anadromous fishes, spend most of
their adult life in marine and oceanic waters and then return to
small creeks to spawn within the wetlands and nursery areas.

The wetlands of Richmond County can be broadly classified
into two groups: those that come under tidal influence; and those
that are located in freshwater areas above the range of the tide.
The Virginia Institute of Marine Science has conducted an
inventory of the tidal marsh areas of Richmond County. When this
data was collected, there were approximately 3,500 acres of tidal
wetlands in the County. Data from the Richmond County Geographic
Information System indicates that Richmond County has 7268.3
acres of non-tidal wetlands

IMPACTS ON WETLANDS

A wide range of man's activities can adversely affect the
health and natural values of wetlands. This is due, primarily,
to two factors: first, wetlands represent an environment that is
not suitable to normal use and habitation by man; and, second,
wetlands are easily disruptable through modifications to their
physical characteristics and surroundings.

Adverse impacts on wetlands can take the form of direct
impacts, such as dredging or filling, or indirect impacts, such
as sedimentation, the modification of natural drainage, or
scouring caused by wave refraction from bulkheads.' The
cumulative effects of wetlands loss create numerous, severe
impacts upon water quality, living marine resources, and the
fisheries economy of Richmond County.

WETLANDS PROTECTION PROGRAMS

Tidal Wetlands Zoning Ordinance

Richmond County has adopted and enforces a Wetlands Zoning
Ordinance, administered by the Richmond County Wetlands Board.
The permitting process of the Wetlands Board allows for the
minimization of developmental impacts upon tidal wetlands and the
protection of those wetlands which are ecologically most
important to the County. Citizens seeking to protect their
property from losses due to shoreline erosion are encouraged,
where appropriate, to plant naturally vegetated wetlands
communities in lieu of constructing timber bulkheads or riprap
revetments. Where bulkheads or riprap are allowed, they are
required to be placed landward of the wetlands. Boat ramps and
other water-dependent uses of the shoreline are encouraged to
locate in areas of nonvegetated or lesser quality wetlands.

Nontidal Wetlands Protection

Section 404 of the Federal Clean Water Act, administered by
the U.S. Army Corps of Engineers, protects most nontidal wetlands
against discharge of dredge and fill. Under the Swampbuster
provision of the Food Security Act of 1985 the United States

Department of Agriculture has been discouraging the conversion of
wetlands into cropland and encouraging the reconversion of
cropland back into wetlands under the Conservation Reserve
Program.

Richmond County's Chesapeake Bay Preservation Area Program
includes nontidal wetlands in Resource Protection Areas. Those
nontidal wetlands connected by surface flow and contiguous to
tidal wetlands or tributary streams are protected by a 100 foot
vegetated buffer or its equivalent. other nontidal wetlands are
offered protection via the site plan review proccess.

PRIME FARMLAND AND FORESTAL LAND

PRIME FARMLAND

Prime farmland is defined by the U.S. Department of
Agriculture as land that is best suited to the production of
crops for food, feed, forage, fiber and oilseed. The
requirements for designating prime farmland include: sufficient
growing season; adequate moisture from precipitation or
irrigation; and sufficient soil quality with respect to soil
acidity, alkilinity, drainage erodibility, slope and other
factors.

Approximately 55,082 acres, or 42 percent of the County,
meet the criteria for the prime farmland designation. Table 1
lists the soil types in Richmond County which are designated as
prime farmland.

TABLE I

SOIL TYPES IN RICHMOND COUNTY DESIGNATED AS PRIME FARMLAND

Atlee silt loam
Dogue fine sandy loam, 2 to 6 percent slopes
Emporia loam, 2 to 6 percent slopes
Kempsville sandy loam, 2 to 6 percent slopes
Kempsville loam
Nansemond fine sandy loam
Pamunkey loam, wet substratum
Rumford loamy sand, 0 to 6 percent slopew
State fine sandy loam, 0 to 6 percent slopes
Suffolk sandy loam, 0 to 6 percent slopes
Tetotum fine sandy loam, 0 to 6 percent slopes

PRIME FORESTLAND

Land can also be catalogued based on its potential to
produce timber. Timber productivity and quality is related to
the soil characteristics, available moisture, drainage and
topography of a site. Sites are classified according to the
volume of wood they are capable of producing in one year. The
majority of the soils in the County fall into the "good" range
for forestland productivity. While many of those sites will,not
produce high quality hardwoods, most will grow loblolly pine well
and will produce good returns on an investment.

TABLE 2

Soil ProductivitV Classification for Forestland of Richmond
County by Soil Types.

Fair Good Excellent
(Site Index 70)* (Site Index 80) (Site Index 90)

Atlee Bibb Dogue
Catpoint Leaf
Emporia Lumbee
Kempsville Tomotley
Nansemond Yemassee
Pamunkey
Rumford
savannah
State
Suffolk
Tetotum
Wahee

*Site Index is based on the height that a representative tree
will attain in a fully stocked stand at 50 years of age.

FOREST RESOURCES

As of the 1985 Forest Survey, conducted by the U.S.D.A.
Forest Service, there were approximately 76,818 acres of forested
land in Richmond County. The vast majority of this land is in
private ownership. These forests provide wildlife habitat, air
quality enhancement, soil conservation and recreation values to
the County. The forestry industry represents a significant
element of the County's economy.

According to the 1985 Forest Survey, the acreage of
commercial forestland in the County has decreased by 2,209 acres,
or 2.7%, since the 1976 Forest Survey. The trend of ownership of
forestland has moved away from farmers to other private owners.
In 1976, 44,849 acres of forestland, or 57% of the total, was
owned by farmers. In 1985, 26,016 acres, or 34%, was owned by
farmers. This trend may be a reflection of the poor farm economy
over these nine years, with farmers selling land or going out of
business altogether.

Forest Composition and Management

Timberland is classified into broad timber types. Pine land
and hardwood land represent the classifications of most value,
growth potential, and harvestability. Between the years 1976 and
1985, the acreage of pine land in Richmond County decreased by
approximately 13%. The acreage of hardwood land increased by
nearly 3% during that same period.

Past cutting and reforestation practices are reflected in
the currrent timber-type acreages. The decreases in the acreages
of pine timberland between 1976 and 1985 represents low levels of
reforestation after harvesting. Due to the process of
succession, areas that are not reforested become colonized by
smaller and less desirable species.

IMPACTS ON PRIME FARMLAND AND FORESTED LAND

Many acres of prime farmland and forested land are converted
each year to more intensive land uses. over the short run, this
conversion does not have a great impact on the agricultural and
silvicultural economy. over a longer period, however, the
conversion of prime farmland limits the degree to which Richmond
County farmers can expand their operations in response to changes
in the demand and supply of agricultural products. The
conversion of both prime farmland and prime forested land
degrades the resource base of renewable, sustainable industries
in the County economy.

PRIME FARMLAND AND FORESTED LAND PROTECTION PROGRAMS

Richmond County pre'sently administers no program aimed at
protecting prime farmland and forested land other than land use
value taxation.. The County does, however, encourage the
concentration and clustering of development in prime farmland
areas in order to minimize the amount of land removed from future
production potential.

In the development of a zoning ordinance, the County will
consider the location of prime farmland and forested land in the
designation of agricultural zones. The County may also wish to
sponsor the designation of Agricultural and Forestal Districts.
The designation of these Districts protect farmers from certain
problems such as nuisance lawsuits against pesticide application
and evening harvest operations.

GAME AND WILDLIFE

The mixed pattern of adjoining fields, forests and streams
throughout the County provides a favorable habitat for upland
game. White-tailed deer, bobwhite quail, and mourning doves are
prevalent throughout the County. Red and gray foxes, gray
'A squirrels, cottontail rabbits, raccoons and opossums are also to
be found, as well as the introduced Iranian pheasant. In the
marshes and streams are numerous muskrats, moderate numbers of
A beaver, mink and occasional otters.

on the estuaries and on the bordering rivers there are
moderate wintering populations of waterfowl including Canadian
geese, whistling swans, canvas backs, scaup, red heads, mallards,
black duck, teal, buffle heads, and wood ducks. There are also
many kinds of shore and wading birds such as killdeers, snipe
rails, bitterns, herons, sandpipers, and egrets. Richmond County
has several kinds of birds nationally classed as endangered or
rare species including bald eagles, ospreys, and cattle egret.

MINERALS

With the exception of sand and gravel for construction and
highway purposes, the County has no mineral deposits feasible for
development under existing levels of cost and return. In the
past there have been some slight developments of diatomaceous
earth and calcareous marl, though these deposits are of a
generally low grade.

Selected samples of clay from various sites have been tested
and found potentially suitable for use in the manufacture of face
brick, structural tile and sewer pipe.

ATR QUALITY

At present, there are no major point sources of air
pollution in Richmond County. Non-point sources of pollution,
such as the cumulative emissions of highway traffic and
residential fuel oil usage, are low enough in the County so as
not to present a problem.

The Virginia Air Pollution Control Board has the
responsibility to monitor air quality in the commonwealth and to
ensure that the quality of air meets the standards defined in the
Virginia Air Pollution*'Control Law and Regulations. The Air
Pollution Control Board had, until recently, maintained a
regional office and monitoring station across the Rappahannock
River in Tappahannock. This office was closed in March of 1987
due to the consistently high air quality readings observed.

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