Sec. 33.02-1. - Short title.

This chapter shall be known and may be cited as the "Site Regulations Ordinance" of the City of Newport News, Virginia.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-2. - Purpose and intent.

(a)

Purpose. The purpose of this chapter is to promote the orderly development of certain activities within the city and to ensure that such activities are developed in a manner that is harmonious with surrounding properties and consistent with the comprehensive plan of the city. If the requirements of this chapter will affect sites which are already developed, or which are partially developed, such sites should be brought into compliance as much as is possible with the provisions of this chapter without creating an undue hardship especially with regard to a potential need to demolish or relocate existing parking lots or structures.

(b)

Intent. The intent of this chapter is to provide for a review of site development proposals in terms of:

(1)

The compatibility of the project with its environment and with other land uses and buildings in the surrounding area.

(2)

The quantity, quality, utility, size and type of the recreation space required because of the project.

(3)

The impact of the project upon the existing natural environment and proposed landscaping improvements. The ecological balance among air, soil and water shall be preserved by the planting and retention of trees, landscaping and green areas since these features will cleanse stormwater runoff, stabilize soils, absorb carbon dioxide and produce oxygen and water vapor.

(4)

The ability of the traffic circulation system for the project to provide for convenient and safe internal and external movement of vehicles and pedestrians, to include abatement measures for anticipated noise associated with increased traffic.

(5)

The quantity, quality, utility and type of community facilities required because of the project.

(6)

The location and adequacy of drainage facilities and other utility provisions associated with the project, whether existing or proposed.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-3. - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

Accessory structure. A structure subordinate to the principal building on the same lot or serving a purpose customarily incidental to the principal building.

Accessory use. Except as otherwise provided in the zoning district regulations, an "accessory use" is:

(1)

A use which is conducted on the same lot as the principal use to which it is related,

(2)

Clearly incidental to, and customarily found in connection with such principal use, and

(3)

Operated and maintained substantially for the benefit or convenience of the occupants.

Adequate/reasonable. Standards or specifications as promulgated and/or approved by the City of Newport News, the Commonwealth of Virginia or other regulatory agencies.

Alteration. Change, improvement and/or replacement of part(s) in buildings or structures not affecting the supporting members of such buildings or structures.

Building. Any structure for the housing, shelter, support or enclosure of persons, animals, chattels or property of any kind.

Caliper. The diameter of a tree trunk measured six (6) inches above ground level for nursery stock and four and one-half (4½) feet above grade for existing trees on-site.

City. The Corporation of the City of Newport News, Virginia.

City manager. The City Manager of the City of Newport News, Virginia.

Committee. The site plan review committee, an advisory body that reviews plans and provides recommendations to the director.

Comprehensive plan. All plans or parts thereof officially adopted by the city council pursuant to Virginia law for the physical development of the City of Newport News or any territory within its jurisdiction showing the long-range proposals for the general development of the city.

Construction area. The portion of a site on which a structure or improvements are made.

Design Criteria Manual. A formal document of design criteria, prepared by the department of engineering and approved by the council, that is used in the review of construction plans for and the design of public facilities (other than public water supply) and in the review of plans.

Developer. A person who owns or leases property being developed or such person's authorized agent.

Director. The Director of the Department of Engineering of the City of Newport News, Virginia.

Dripline. A vertical projection to the ground surface from the farthest lateral extent of a tree leaf canopy.

Durable landscape barrier. Hedge, wall, anchored landscape timber or berm.

Dwelling unit. A single unit providing complete and independent living facilities for one (1) or more persons, to include permanent provisions for living, sleeping, cooking, eating, and sanitation.

Dwelling, single-family. A detached building containing one (1) dwelling unit.

Dwelling, two-family. A building containing two (2) dwelling units.

Dwelling, multi-family. A building containing more than two (2) dwelling units.

Green area. See landscape.

Ground cover. Any of a variety of living plants that lie close to and cover the ground.

Impervious area. A surface that is covered with material that is resistant to infiltration by water, including but not limited to most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

Interior property line. Any property line that is not adjacent to a street.

Landscape. To cover, adorn or improve an area using living plants (such as trees, shrubs, vines, ground covers or grass), natural features (such as rock, stone, bark chips, wood shavings or land contouring) and/or structural features (such as fences or walls).

Landscape treatment. Rock, stone, bark chips, wood shavings or opaque durable barrier.

Neotraditional Overlay District. Neotraditional Overlay District is defined as that overlay district established in the Zoning Ordinance of the City Code which regulates that development of property defined as "neotraditional" in section 45-201 of the Zoning Ordinance.

Parking garage. A structure for parking vehicles.

Parking lot. An on-site area at finished grade for the parking of vehicles and any associated accessways, driveways, or loading and unloading areas; but, excluding parking garage.

Person. An individual, firm, association, partnership, or body politic and/or corporate.

Plant materials. All genera of the plant kingdom such as trees, shrubs, groundcover, annuals and perennials.

Plat. Map or plan of a tract or parcel of land that is to be or has been developed; including the terms map, plan, plot, replat, replot, and any other term that can be reasonably construed to mean such.

Property. A lot, tract, parcel of land, or several of the same assembled for the purpose of development.

Public facility. A physical improvement, except for a commercial entrance, that by virtue of its use or ownership is under the control of the City of Newport News, the Commonwealth of Virginia or the United States of America.

Public right-of-way. A right-of-way that, by virtue of its use or ownership, is under the control of the City of Newport News, the Commonwealth of Virginia or the United States of America.

Site. The property being or to be developed. Said property may include a lot or group of lots or the leased portion of a lot.

Site plan:

(1)

Class 1 site plan. A plan that delineates the overall development of a site, showing phases if appropriate.

(2)

Class 2 site plan. A plan that delineates the minor development activity contemplated.

Standard specifications. A formal statement of terms, directions, provisions, requirements and specifications, prepared by the department of engineering and approved by the council, that is used in administering public construction contracts and in reviewing plans.

Street. The word "street" includes streets, avenues, boulevards, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public highways in the city, and shall mean the entire width thereof between abutting property lines. It shall be construed to include a sidewalk or footpath, unless the contrary is expressed or such construction would be inconsistent with the manifest intent of the council.

Street, private. A street located entirely on private property.

Street, public. A street that, through its use or ownership, is under the control of the City of Newport News, the Commonwealth of Virginia or the United States of America.

Structure. Any construction or any production or piece of work artificially built or composed of parts joined together. The word "structure" specifically includes signs and billboards, but not paving such as driveways, walkways, patios, etc.

Surface treatment. One (1) application of prime coat and aggregate cover material and one (1) application of seal coat and aggregate cover material.

Tree. Unless the context in which the word is used indicates otherwise, a tree is any living, self-supporting woody plant that usually produces one (1) main trunk.

Tree, height. The distance measured vertically above ground to the uppermost branch joining the main stem(s) or trunk.

Tree, multi-stem. A tree having several stems emanating from the root mass or root crown.

Tree, single-stem. A tree with one (1) main central stem or trunk emanating from the root mass or root crown.

Vehicular use area. The parking area of a parking lot or parking garage, along with parking accessways, fire lanes and loading/unloading areas, but not including private streets.

Wheel stop. A limiting device that is anchored to a paved area to prevent vehicle wheels from being advanced.

(Ord. No. 4952-96; Ord. No. 5030-97; Ord. No. 5632-01, § 1; Ord. No. 5724-02, § 1)

Sec. 33.02-4. - Scope.

Plan approval shall be required for the construction of any building, the modification of any existing building, the use of land as a parking lot or the alteration of the grade of any parcel of land within the city, except when:

(1)

The proposed activity is a residential subdivision for which a plan has been approved for the development of a parcel of land in accordance with the subdivision regulations; and

(2)

The proposed activity involves only a single-family dwelling, a two-family dwelling, accessory buildings to such dwellings, or the parcel of land on which these dwellings and accessory buildings are situated or proposed to be situated.

In the Neotraditional Overlay District, plan approval shall be required for the construction of any building, the modification of any existing building, the use of land as a parking lot or the alteration of the grade of any parcel of land. In addition, the provisions of Articles VII, VIII, IX, and X of Appendix B, Subdivision Regulations, shall be applicable to in residential subdivisions within the Neotraditional Overlay District, except where any such article would be in conflict with the Neotraditional Overlay District Regulations.

(Ord. No. 4952-96; Ord. No. 5030-97; Ord. No. 5633-01)

Sec. 33.02-5. - Administration of chapter.

The director of the department of engineering shall administer this chapter for the city. All plans shall be submitted to the director, who shall coordinate site plan reviews with other city departments as necessary and shall approve, conditionally approve (with plan discrepancies) or not approve (with plan discrepancies) such plans according to the provisions of this chapter.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-6. - Site plan preparation.

Class 1 site plans shall be prepared in accordance with the appropriate provisions of this chapter by a professional civil engineer, architect, land surveyor or landscape architect appropriately registered, licensed and certified by the Commonwealth of Virginia. However, if in the opinion of the director the proposed activity will not affect any public facility and does not conflict with any ordinance of the city, the director may set aside the requirement that the plan be prepared by a registered professional and accept instead a Class 2 site plan that is prepared in accordance with the appropriate provisions of this chapter by or on behalf of the requestor.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-7. - Runoff control permit required.

A runoff control permit shall be obtained from the department of public utilities prior to any construction and/or the alteration of grade in areas regulated by the Reservoir Protection Ordinance.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-8. - Land-disturbing permit required.

A person shall not cut down, destroy, remove, move or otherwise damage trees on vacant, developed or undeveloped property in such a manner as to change existing contours of the land until a site plan and/or erosion control plan has been approved and a land-disturbing permit has been issued in accordance with the provisions of this chapter or Chapter 35, "Soil Removal and Other Land-Disturbing Activities" of this Code.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-9. - Off-site public facilities.

The developer shall install or modify offsite abutting streets and other affected public facilities such as utilities, sidewalks, curb and gutter, acceleration and deceleration lanes, etc., whether existing or proposed, whether any such facilities exist along that street, as each is defined in this chapter, when required as a result of the development activity proposed and pursuant to the authority of and in accordance with the requirements of the Code of Virginia, 1950, as amended, the City Charter, or any other applicable provisions of this Code.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-10. - Dedication of on-site easements, rights-of-way.

The developer of a parcel shall dedicate to the city adequate rights-of-way, easements or additional areas to increase existing rights-of-way or easements when it is determined that:

(1)

There is a mutual desire on the part of the developer and the city to install public facilities on the site;

(2)

Public facilities are presently located or partially located on the site;

(3)

Storm drainage systems (manmade or natural) that convey stormwater from public rights-of-way or public drainage systems are located or partially located on the site; or

(4)

On-site public facilities are required to meet the provisions of this chapter or other city ordinances, policies or the comprehensive plan.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-11. - Requirements for public facilities.

(a)

Construction of any public facilities shall require a land development agreement between the city and the developer. The terms, conditions, and specifications contained in the land development agreement shall be limited to those items depicted or provided for in the approved plan, plat, permit application, or similar document. The land development agreement shall be secured by approved surety in the form of a corporate surety bond, irrevocable letter of credit or certified check. Also required is a certificate of insurance showing evidence of an acceptable liability insurance policy that holds the city free and harmless from any liability because of injury or death to persons growing out of the activity by the developer in the amount of one hundred thousand dollars ($100,000.00) for each occurrence and three hundred thousand dollars ($300,000.00) aggregate, together with twenty-five thousand dollars ($25,000.00) property damage coverage. Such insurance policy shall name the city as an additional insured by separate endorsement to the policy. The agreement, surety and insurance documents shall be reviewed by the city attorney prior to acceptance by the city. An approved surety shall only apply to, or include the cost of, any facility or improvement shown or described on the approved plat or plan of the project for which the guarantee is furnished.

(b)

Upon satisfactory completion of any public facility, a performance bond or cash of an amount equal to ten (10) percent of estimated costs for proposed public facilities shall be filed with the director until city acceptance of streets and other public facilities in accordance with the subdivision regulations but no longer than twelve (12) months. This performance bond will be used to correct any defects or failures in the constructed public facilities should the developer fail to correct such defects or failures.

(c)

Acceptance of public facilities by the city:

(1)

After the installation by the developer of streets and other public facilities as shown on the approved site plan as required by this chapter, the director shall issue a statement of intent to accept streets and other public facilities into the public system. Thereupon, the city shall release part of the performance bond, retaining a bond equal in value to ten (10) percent of the total public facilities.

(2)

Up to twelve (12) months after issuance of such statement (to allow for the detection and correction of defects) if all defects have been corrected, the city manager shall report to the city council whether or not the streets and other public facilities have been installed in accordance with the terms of the agreement between the developer and the city and have survived the defect-detection period. Upon such approval, the city council shall accept by ordinance such streets and other public facilities for permanent public maintenance, operation and repair, release all remaining performance bonds, and shall upon request furnish certification of same to the developer, his attorney or agents.

(3)

When the developer has complied with applicable provisions of this chapter, and where the necessary facilities have been substantially, but not completely, installed, the director may issue a certificate setting forth such facts to the developer or to any agency of the state or the U.S. Government.

(Ord. No. 4952-96; Ord. No. 5030-97; Ord. No. 6837-12, § 1)

Sec. 33.02-12. - Reservation of public lands.

(a)

The director, subject to the approval of the city manager, shall require the reservation of land for parks, recreation areas, schools or other public facilities in accordance with the city comprehensive plan. When it shall be determined that such reservation is required for the site being developed, the developer shall incorporate into his plan design adequate area to accommodate the proposed facility.

(b)

The city manager shall determine within a reasonable time not to exceed ninety (90) days after submission of the site plan whether the land area involved should be acquired to further the implementation of the comprehensive plan.

(c)

Upon determining that property for such a public facility should be acquired, the city shall enter into an agreement with the developer to acquire through negotiated purchase, or institute condemnation proceedings, within ninety (90) days after filing of the site plan of the affected area or any area contiguous thereto, or the city's interest therein shall be automatically vacated.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-13. - City action on plans.

(a)

Site plans shall only be reviewed after having been properly submitted. Among other things, a site plan shall be deemed properly submitted only after all of the fees appropriate to the filing have been paid.

(b)

There is hereby established a site plan review committee, which shall be an advisory body composed of representatives of city departments involved in the review of plans along with such other participants as the director may require in the review of a specific plan. The director shall chair such committee but, when desired, may designate a qualified representative from the department of engineering to conduct committee meetings.

(c)

Although the committee may take the regulations of other regulatory or governing bodies into consideration while reviewing a site plan, the director's approval of a plan does not relieve the requestor from the responsibility for complying with the regulations of such other bodies.

(d)

A Class 2 site plan is not eligible for conditional approval; however, the director may grant conditional approval of a Class 1 site plan if, in his opinion, the proposed development activity can be started while the property owner completes minor actions related to the plans review process. Such minor actions may include correcting notes on or omitted from the plan, finalizing a pending agreement for water service, or complying with administrative or engineering requirements that in the opinion of the director would not preclude the proposed development activity (such as vicinity map, street centerline indications, legal reference for the site, etc.).

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-14. - Failure of city to act.

(a)

Failure of the city to act on any properly submitted plan within twenty (20) working days shall constitute approval of the plan, unless there has been a written notice sent within or at the end of that period to the applicant notifying him that more time will be needed before approval can be given. Additional time, not to exceed forty (40) working days, will be required in cases involving storm sewer or drainage elevations, right-of-way or easement acquisition or any conflict with other city ordinances or the comprehensive plan.

(b)

Failure of the city to act on a plan that has been revised and resubmitted after initial committee consideration within fifteen (15) working days after receipt of the revised plan shall constitute approval of the plan.

(c)

The city shall be deemed to have acted whenever written notice of either approval, conditional approval (with plan discrepancies), or no approval (with plan discrepancies) shall have been sent by the director or an authorized representative to the developer.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-15. - Appeal.

If a site plan is conditionally approved or is not approved by the director, the city manager may hear an appeal concerning this decision. Any appeal must be in written form and filed with the city manager within twenty (20) working days after the date of the director's notification. After consulting with the director, the city manager will notify the applicant of his decision within twenty (20) working days of the date on which the appeal was filed.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-16. - Time of validity.

(a)

A plan that has been reviewed in which plan discrepancies have been identified must be resubmitted within six (6) months from the date of the letter that notified the developer that the plan required revision. If the resubmission is not made within such period, the plan that was originally submitted shall be null and void, and any future plan that is submitted for the same property shall be treated as a separate plan submission.

(b)

Plan validity period:

(1)

Approved Class 1 and Class 2 site plans shall be valid for a period of five (5) years from the date of approval thereof.

(2)

Extensions for site plan validity:

a.

Upon application of the property owner or the developer, as applicable, filed prior to expiration of a site plan, the director or his agent may grant one (1) or more extensions of such approval for additional periods as the director or his agent may, at the time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development along with the laws, ordinances and regulations that are in effect at the time of the request for an extension.

b.

If the director or his agent denies an extension requested as provided herein and the property owner or developer, as applicable, contends that such denial was not properly based on the ordinance, law or regulation applicable thereto, the foregoing considerations for granting an extension, or was arbitrary or capricious, he may appeal to the Circuit Court of Newport News, provided that such appeal shall be filed with the Circuit Court within sixty (60) days of the date of the written denial.

c.

For so long as the approved site plan remains valid in accordance with the provisions of this section, no change or amendment to any city ordinance, map, resolution, rule, regulation, policy or plan adopted subsequent to the date of approval for such site plan shall adversely affect the right of the property owner or developer, as applicable, or his successor in interest, to commence and complete an approved development in accordance with the lawful terms of the approved site plan unless the change or amendment is required to comply with state law or there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.

d.

Application for minor modifications to approved site plans made during the periods of validity of such plans established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of such minor modifications extend the period of validity of such plans.

e.

The provisions of this section shall be applicable to all approved site plans valid on or after the date this chapter is adopted by the city council, provided that nothing contained in the foregoing subsections of this section shall be construed to affect the following:

1.

Any litigation concerning the validity of an approved site plan pending prior to the date of adoption of this chapter or any such litigation nonsuited and thereafter refiled;

2.

The authority of the city to impose valid conditions upon approval of any special use permit, conditional use permit or special exception;

3.

The application to individual lots on recorded plats or parcels of land subject to approved site plans, to the greatest extent possible, of the provisions of the city's Chesapeake Bay Preservation Ordinance; or

4.

The application to individual lots on recorded plats or parcels of land subject to approved site plans adopted to comply with the requirements of the federal Clean Water Act, Section 402(p) of the stormwater program and regulations promulgated thereunder by the Environmental Protection Agency.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-17. - Site plan filing fees.

The following non-refundable filing fees shall be paid to the city upon the filing of Class 1 site plans:

(1)

For the initial filing of a Class 1 site plan: three hundred seventy-five dollars ($375.00) plus one hundred thirty dollars ($130.00) per acre of the site.

a.

For the next filing of a Class 1 site plan that has been revised in response to initial city review, there shall be no charge, but

b.

For subsequent filings of a Class 1 site plan that has been revised in response to initial city review: two hundred fifty dollars ($250.00)/each filing.

(2)

For the initial filing of a Class 2 site plan: two hundred twenty ($220.00). There is no per acre charge.

a.

For the next filing of a Class 2 site plan that has been revised in response to initial city review, there shall be no charge, but

b.

For subsequent filings of a Class 2 site plan that has been revised in response to initial city review: one hundred dollars ($100.00)/each filing.

(3)

For the filing of any subsequent plan to phase the project or make minor alterations or revisions to the site plan originally submitted, except as provided above: one hundred dollars ($100.00)/each filing. If the director determines that the alterations and/or revisions reflect major changes in the project, the plan shall be deemed a separate site plan and shall be processed in the same manner as that provided for above for the initial filing of a Class 1 or Class 2 site plan, as applicable.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-18. - Inspection required.

Sites for which plans have been approved are subject to inspection by the city. An approved plan or a legible, full-sized copy of the approved plan must be located at the site during all phases of the construction of site improvements. No work shall begin until a city (department of engineering) construction inspector has been notified and has visited the site.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-19. - Inspection fees.

The following non-refundable inspection fees shall be paid to the city at the time of approval:

(1)

For an approved Class 1 site plan: one hundred twenty-five ($125.00) plus a rate of one hundred twenty-five dollars ($125.00) per acre of the site.

(2)

For an approved Class 2 site plan: thirty-five ($35.00).

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-20. - Maintenance of improvements and landscaping required.

The property owner or the developer, as applicable, shall be responsible for the perpetuation and maintenance of all site improvements, including landscaping, required by this chapter and shown on an approved plan.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-21. - Stop work order.

The director or an authorized representative shall have the authority to stop site construction, improvements or alterations in the event of any deviation from the approved plan or on the discovery of unexpected adverse impacts of the development activity on adjacent properties or public facilities.

(Ord. No. 4952-96; Ord. No. 5030-97)

Sec. 33.02-22. - Public records.

Copies of approved plans shall be kept on file in the department of engineering at City Hall, 2400 Washington Avenue, Newport News, Virginia 23607, and shall be deemed public records.

(Ord. No. 4952-96; Ord. No. 5030-97)

Secs. 33.02-23—33.02-29. - Reserved.