§ 20-3. Site Plan Procedures.
20-3-1. All site plans shall be submitted by the property owner or by an agent of the property owner to the Zoning Administrator. A receipt evidencing the payment of all required fees for processing the site plan in addition to evidence of the "Notice" required by Section 20-3-4 below shall accompany the submission, where applicable.
20-3-2. The Zoning Administrator shall check the site plan for completeness and compliance with such administrative requirements as are established. The Zoning Administrator shall ensure that all administrative reviews are completed on time and that action is taken by the Approving Authority on the site plan within sixty (60) days from acceptance by the County of a complete submission thereof, except under abnormal circumstances. The calculation of the review period shall include only that time the site plan is in for County review, and shall not include such time as may be required for revisions or modifications (i.e., when plans are in the possession of the owner or his agent making revisions) in order to comply with ordinance requirements. Each new or revised submission shall commence a new sixty (60) day review period.
20-3-3. Site Plan Review Process.
a.
Staff Review and Report.
1)
Administrative Site Plans. After an application for an administrative site plan is determined sufficient and accepted for review, the Planning Department shall review the proposed site plan. As part of their review, the Planning Department may seek review comments and recommendations from other state or County Departments and agencies, as appropriate. The Planning Department shall determine if the proposed site plan satisfies the site plan approval criteria prescribed herein and shall grant, grant with conditions, or deny the application for site plan approval, subject to appeal under Section 20-3-3(b)(1) to the Planning Commission.
a)
The Planning Department's decision on the administrative site plan shall be rendered within fifteen (15) days of official acceptance of the plan.
2)
Minor Site Plans. After an application for a minor site plan is determined sufficient and accepted for review, the Planning Department, and any additional state and County Departments and agencies as appropriate, shall review the application. The Planning Department shall review the comments of all reviewing agencies, and shall prepare a written analysis of the issues raised by the application, if necessary. The Planning Department shall determine if the proposed site plan satisfies the site plan approval criteria prescribed herein and shall grant, grant with conditions, or deny the application for site plan approval, within sixty (60) days of official acceptance of the site plan, subject to appeal under Section 20-3-3(b)(2) to the Planning Commission.
3)
Full Site Plans. After an application for a full site plan is determined sufficient and accepted for review, the Planning Department, and any additional state and County Departments and agencies as appropriate, shall review the application. The Planning Department shall review the comments of all reviewing agencies, and shall prepare a written analysis of the issues raised by the application. The staff analysis shall be forwarded on to the Planning Commission for consideration and action, within sixty (60) days of official acceptance of the site plan.
b.
Planning Commission Review.
1)
Administrative Site Plans. If an appeal by an aggrieved person of a decision of the Planning Department relating to an administrative site plan is filed with the Planning Department within (10) ten days of the Department's decision, the Planning Commission shall hold a public hearing within sixty (60) days to consider the appeal and grant, grant with conditions or deny the appeal. The decision of the Planning Commission is final.
2)
Minor Site Plans. If an appeal by an aggrieved person of a decision of the Planning Department relating to a minor site plan is filed with the Planning Department within (10) ten days of the Department's decision, the Planning Commission shall hold a public hearing within sixty (60) days to consider the appeal and grant, grant with conditions or deny the appeal. The decision of the Planning Commission is final.
3)
Full Site Plans. The Planning Commission shall hold a meeting to review the site plan application and the written staff analysis, and shall determine whether the proposed development meets the site plan approval criteria prescribed herein and grant, with conditions or deny the application for site plan approval, subject to appeal under Section 20-3-3(c)2 to the Board of Supervisors. The Planning Commission's action on the full site plan application shall be issued within sixty (60) days of official acceptance of the site plan by the Planning Department, unless additional time is requested by the applicant and agreed to by the Planning Commission.
c.
Board of Supervisors.
1)
Administrative and Minor Site Plans. The Board of Supervisors has no action or appeal authority regarding decisions on administrative and minor site plans.
2)
Full Site Plans. If an appeal by an aggrieved person of a decision of the Planning Commission relating to a full site plan is filed with the Planning Department within ten (10) days of the Planning Commission's decision, the Board of Supervisors shall hold a public hearing within ninety (90) days to consider the appeal and grant, grant with conditions or deny the appeal. The decision of the Board of Supervisors is final.
20-3-4 Notice Required.
a.
Any person who submits a Minor Site Plan for approval under the provisions set forth in this Article shall submit written proof of notification to all owners of property abutting and immediately across the street from the subject property. Such notice shall include notice to owners of properties abutting and immediately across the street, even if these properties lie in an adjoining county, town, or municipality.
Notice shall be sent by the Applicant to the last known address of the owner(s) as shown in the current real estate assessment files and shall be sent by certified mail, return receipt requested. All written notices required by this Paragraph shall include the information listed in 20-3-4(c) below, and shall state that: (a) changes and corrections to the site plan may occur prior to approval; (b) persons wishing to be notified of the approval of the plan should submit a written request to that effect to the County Planning Department as identified in the notice; and (c) the site plan is subject to approval fourteen (14) days after the postmark date of the notice, unless releases are executed by all property owners required to be notified, in which case the plan may be approved sooner than fourteen (14) days after the postmark date. The Applicant shall also send a copy of such notice to the Board of Supervisors Member in whose district the subject property is located at the time of the plan submission.
b.
For site plan revisions, the written notice requirements of this Section need not be met upon a determination by the Zoning Administrator that: the revision is a minor correction or adjustment to a feature shown on the previously approved site plan; the revision does not reduce the effectiveness of approved transitional screening, landscaping or open space; and the revision does not permit changes to the bulk, mass, orientation or location which adversely impact the relationship of the development or part thereof to abutting or adjacent properties.
c.
The notification required by this Section shall include the following information:
1)
A statement reading: "This is to notify you that a site plan has been submitted to the Culpeper County Planning Department, 302 North Main Street, Culpeper, Virginia, 22701 Phone: (540) 727-3404, for approval by the County of Culpeper. This site plan may be reviewed at the above office." This address and telephone number may change from time to time. Notification must include the current information as designated by the Planning Department.
2)
Site plan number.
3)
Type of use being proposed.
4)
Tax map reference number, street address and/or location of the property.
5)
Date submitted for review.
6)
Date the site plan is subject to approval.
d.
For Full Site Plans, the Planning Department shall be responsible for all required notification. No notification shall be required for Administrative Site Plans.
20-3-5. Denial. If a site plan is disapproved, the reasons for such disapproval shall be shown on the plan or in a separate document. The reasons for disapproval shall identify all deficiencies in the site plan that caused the disapproval by reference to specific ordinances, regulations, or policies, and shall generally identify such modifications or corrections as will permit approval of the site plan.
20-3-6. Revised Site Plans. Any approved site plan may be revised, prior to bond or security release, in the same manner as originally approved. Approval of such revision shall not be deemed to alter the expiration date of the site plan, as established in Sections 20-7 and 20-8 below. Following release of the owner's or developer's agreement package provided in accordance with Section 20-9 below, any proposed change shall be subject to the provisions of this Article.
20-3-7. Once a site plan is approved, any building permit, use permit or other permits shall only be issued in accordance with such approved site plan. Once the uses or structures approved by such site plan are established, the uses and structures shall continue to be subject to the provisions of approval and any modifications or alterations to the site or any additional uses and structures shall only be permitted in accordance with the provisions of this Article.
(Ord. of 1-7-2014(3))
(Ord. of 1-7-2014(3))