AMHERST TOWN COUNCIL AGENDA Wednesday, May 11, 2022 Meeting at 7:00 p.m.  Town Hall, 1745. Main! Street, Amherst, VA 24521  A. Call to Order for the Town Council-7:00 p.m. - Mayor Tuggle one Nation under God, indivisible, with liberty andj justice for all.  B. Pledge of Allegiance - pledge allegiance to the Flag of the United. States of America, and to the Republic for which it stands, C. Invocation - Any invocation that may be offered before the official start of the Amherst Town Council meeting shall be the voluntary offering to, and for, the benefit of the Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by Council and do not necessarily represent the religious beliefs or views oft the Council in part or aso a whole. Nor member of the audience is required to attend or participate. ini thei invocation, ands such decision will haver no impact on their right to participate actively in the business of the Council. Copies oft the policy governing invocations and setting forth the  procedure by which a volunteer may deliver an invocation are available upon request at the Town Hall.  D. Public Hearings and Presentations  1. Presentations from the Police Department  Recognition of Major Greg Harler's Retirement- After 25 years in law enforcement, including. 17) years Promotion of Brandon Payne to Captain- After a comprehensive. selection process, Officer Payne has been Swearing in of new Officer, Luther Rose- Officer Rose is joining us from Amherst County. He has many  serving the Town, Major Harler is retiring.  promoted to Captain, and is nowt the second in charge at the Police Department. years ofs service already, and we are excited to have him here.  2. Terrell Stinson- Mr. Stinson has requested to come before the Council to speak about a concern regarding the 3. Public Hearing for an Ordinance Amendment for Removal of Trash Cans in Public Rights of Way (Pgs. 1-4)- Eric Lansing- Last month, Council set a public hearing. for an ordinance requiring the removal oftrash cans from the  current Zoning Ordinance, in regard to how accessory structures are regulated.  public right of way after garbage pickup.  E. Citizen Comments Per the Town Council's policy, anyi individual desiring to speak before the Council who has not met the agenda deadline requirement will be allowed a maximum of three minutes to speak before the Town Council. Anyi individual representing ab bonaj fide group willl be allowed a maximum off five minutes to speak before the Town Council. Placement on the agenda is at the F. Consent Agenda = Items on the consent agenda can be voted on as a block if all are in agreement with the 1. Town Council Minutes (Pgs. (Pgs. 5-12)- Draft of the April 13, 2022 meeting minutes are attached. Please let Vicki Hunt know of any concerns by Wednesday morning such that any needed corrections can be presented at the  Mayor's discretion.  recommended action or discussed individually.  meeting.  G. Correspondence and Reports 1. Staff Reports (Pgs. 13-22)  a. Town Manager Monthly Report attached b. Police Chief Monthly Report attached  Page 1of3    C. Office Manager Monthly Report attached d. Clerk of Council Monthly Report- attached e. Public' Works Monthly Reports- attached and handout  2. Council Committee Reports a. Finance Committee - Mrs. Carton b. Utilities Committee - Mr. Watts 3. Other Reports (Pgs.23-31)  a. Planning Commission- met May 4, 3033, minutes attached b. Economic Development Authority- met May 2, 2022, minutes attached C. Property Maintenance Investigation Board d. Robert E. Lee SWCD- met March. 24, 2022, minutes attached  H. Discussion Items  1. Consideration of Public Hearing for a Proposed Charter Change- Sara McGuffin- A member of Council has requested that a public hearing be setj for a potential Charter change to delete or change the provision related to 2. Adopt the FY23 Budget (Pgs. 32-69)- Sara McGuffin- At the last meeting, Council held a public hearing on the proposed budget. Staff has included an additional sheet into the budget to adopt the zoning fees, which are being removed from the recodified Zoning Ordinance. Staff recommends adoption of the proposed budget. 3. County Waste Contract Extension (Pgs. 70-72)- Sara McGuffin- The County Waste contract will expire this year. Staff recommends an extension of the current contract for a one year period with the opportunity for two 4. Sweet Briar College Water and Sewer Agreement (Pgs.73-90)- Sara McGuffin- Staff has been working with Sweet Briar College on a renewal of the water and sewer agreement between the Town and College. Staff requests 5. Set a Public Hearing for FY 22 Budget Amendment (Pg. 91)- Sara McGuffin- With the receipt of grant and ARPA funds, the Town has exceeded the adopted FY 22 budget expenditures by more than 1%6, triggering a requirement too adopt an amended budget. There are no new expenses contemplated by this amendment, only recognition of the additional monies and appropriation of those funds. An amended budget will be compiled in advance of the 6. Acceptance of land from Amherst County for Lynchburg Road, Execution of Stormwater Agreement and Set Public Hearing for Donation of Right of Way of Lynchburg Road- (Pgs. 92-99)- Sara McGuffin- Through VDOT's Town Addition process, the Town is able to request VDOTO acceptance into the State. Secondary Road: System ofu up to 0.25 miles per year. The County has donated the land for the Lynchburg Road extension to connect from the  expulsion ofa Council member.  additional one year renewals. Staff requests authorization to execute the extension.  authorization to execute the attached agreement.  meeting, and the amendment may be heard and acted on at the same meeting next month.  Visitor's Center to Depot Street. Staff requests that the Council:  (1) Authorize staff to execute the deed to accept the land donation from the County (2) Adopt the agreement with VDOT for the Stormwater, facilities. (3) Set a public hearing for the request to VDOT for maintenance of the road.  7. Discussion of Skateboard and Sidewalk Ordinance (Pgs. 100-104)- Eric Lansing- Mr. Lansing has provided four options for Council's consideration on skateboarding on sidewalks. Staff seeks Councill's direction as to which one 8. Reappointments (Pg. 105)- Sara McGuffin- Attached are reappointments for Council appointed positions on the Planning Commission, Economic Development. Authority, and Property Maintenance Investigation Board.  should be advertised for public hearing.  Page 2of3    9. Set a Public Hearing for Zoning Ordinance Recodification (Pgs. 106-263)- Sara McGuffin- The Planning Commission is holding a public hearing on the proposed recodified Zoning Ordinance next month. Staff recommends that the Council set their public hearing. for this project in. June as well, sO that the amendment may be double advertised and kept on schedule. The current proposed draft is attached, and there are additional 10. Pole Flags to Honor Veterans (Pg. 264)- Kenneth Watts- A citizen has requested to Mr. Watts that the Council consider a program to add small flags that honor veterans. The attachment. shows an example ofa programj from  versions available for review that details each change made.  another locality. Matters from Staff J. Matters from Town Council K. Citizen Comments L. Adjournment  Page 3of3    TOWN OF AMHERST Office of the Town Attorney  P.O. Box 280 174 S. Main Street Amherst, VA 24521  Eric M.I Lansing, Esq. Deal & Lacheney P.C. TOWN ATTORNEY eric. lansing@amhersival.us PHONE: (888)456-1547 FAX: (877)457-1231 FROM: TO: DATE:  Mailing Address: 174S. MAIN STREET P.O. Box: 280 AMHERST, VA: 24521  Eric M. Lansing, Town Attorney Town Council of the' Town of Amherst  March 1, 2022  SUBJECT: Ordinance to Prohibit the Placement ofTrashcans in Public Right-of-Way  Dear Mayor and Councilors:  Please find enclosed an ordinance prohibiting the placement oft trashcans or recycling cans in the public right-of-way. The following comments are also provided on each subsection oft the  draft ordinance:  Civil penalties VS. return fee. The original version of this draft ordinance was patterned after the enabling legislation in Virginia Code S 15.2-928. However, this enabling legislation only allowed for an ordinance that was difficult to enforce (requiring notification prior to the implementation of civil penalties). Notification requirements can be an impediment to enforceability, because the notifier must testify in court; and they are sometimes misinterpreted to provide stringent requirements that render a statute unenforceable (forexample, requiringad defendant tol be notifiede levery single timel hel leaves his trashcan in the street). On the recommendation of the Town Manager, Ihave drafted this ordinance to give Town staff the authority to remove. a trashcan from the public right- of-way, and to return the trashcan only upon payment ofa $50 return fee. This is outside the scope of what is authorized in Virginia Code $ 15.2-928; however, it is permitted by broader grants ofauthority from the General Assembly under the Town Charter. Collection times. This draft ordinance would exempt the placement of trashcans in the public right-of-way during designated pickup times, including the evening before until the afternoon afterward. The pickup times are designed to be consistent with Town Code $ 14-21(1), which provides: "Such containers shall be placed at the curb in front of the dwelling or place ofbusiness after 6:00 p.m. ofthe day preceding the scheduled trash pick- Public nuisance. A classic example of a public nuisance is obstruction of a public right- of-way. Even ifaj person is leaving a trashcan in the street during pickup times, he might Breeding ex rel. Breeding V. Hensley, 258 Va. 207,213 (1999)( ("TA]ny unauthorized use ofaj public highway that ise extensive and continues long enough tol be unreasonable may amount to a public nuisance." "); id. ("Any  up."    still be committing a public nuisance. For example, a trashcan that is left in the middle of the road is a danger to the public, even ifiti is left there during pickup times. The Town is authorized to abate and punish public nuisances under Virginia Code $8 15.2-900 and 48-5; and Subsection B makes clear that (by authorizing certain times where trashcans can bel left on the  curb) it is not authorizing aj public nuisance.  Please let mel know ifyoul have any questions. Iti is aj privilege to serve the Council.  Kind Regards, EricM.Lansing Townerey  unauthorized obstruction that unnecessarily impedes thel lawful use ofaj public streeti is aj public nuisance at common law"); City of Virginia Beach V. Murphy, 239 Va.353,355 (1990) (quoting People V. Rubenfeld, 2541 N.Y.245,247, 172 N.E. 485, 486 (1930)(-Public: is the nuisance whereby 'aj public right or privilege common to every person in  the community isi interrupted ori interfered with,' as by the obstruction ofap public way.").  2    ORDINANCE OF THE' TOWN OF AMHERST  AN ORDINANCE AMENDING THE CODE OF THE TOWN OF AMHERST, VIRGINIA, CHAPTER 14 (SOLID WASTE), ARTICLE IV (COLLECTION AND DISPOSAL), BY ENACTING $ 14-25 THEREIN, TO PROHIBIT THE PLACEMENT OF WASTE RECEPTACLES INTHEI PUBLIC RIGHT-OF-WAY,OTHER THAN AT DESIGNATED  COLLECTIONTIMES OR THE EVENING BEFOREHAND.  WHEREAS, $8 15.2-1427 and 15.2-1433 of the Code of Virginia (1950) enable a local WHEREAS, $ 7.01 of the Town Charter empowers the Town Council "to prevent the obstruction of.. streets, alleys and highways : and to do all other things whatsoever adapted toi make the streets and highways safe, convenient and attractive"; S 9.01(1) of the Town Charter empowers the Town Council to "prevent all things detrimental to the. . safety, convenience and welfare oft the inhabitants oft the town"; and $ 9.01(17) oft the Town Charter empowers the Town Council to "pass and enforce all . ordinances which it may deem necessary for the good order and government of the town : and to do such other things and pass such other laws as may be  governing body to adopt, amend, and codify ordinances or portions thereof;  necessary or proper to carry into full effect all powers. [ofthe] town";  WHEREAS, the safety oft the public, the good order oft the Town, the convenience oft the public right-of-way, and the prevention of obstruction to Town's streets, alleys, and highways, require the Town to make measures to prevent waste containers from being left int the public right-  of-way;  WHEREAS, the full text of this amendment was available for public inspection in the  Amherst Town Hall, at 174 S. Main Street, Amherst, VA 24521; and and all oft those wishing to speak on this topic were heard;  WHEREAS, on  aj public hearing was held on this matter,  NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AMHERST, that Chapter 14 (Solid Waste), Article II (Collection and Disposal) of the Amherst Town Code, be amended by enacting therein a newly created section, $ 14-25, as  follows:  Chapter 14-S Solid Waste Articlel II- Collection and Disposal  Sec. 14-25. Placement of waste container in public right-of-way prohibited  A.  Prohibited acts; penalties. Except as] provided in Subsection B, no person shall place any  waste container in any public right-of-way (including any highway, road, street, alley, or sidewalk), or allow any such waste container to be placed in the public right-of-way in front of the property owned or  occupied by that person.  3    B.  Collection times exempted. A person who has arranged for the pickup of a waste  container may place such waste container at the curb in front oft the dwelling or place of business, from afer6-90-pam-noon ofthe day preceding the scheduled trash pick-up, until 6:99pm-fellewingnoon oft the day after the scheduled trash pick-up. But nothing in this Subsection shall be construed to authorize any individual to commit aj public nuisance, or engage in activity otherwise prohibited by law.  C.  Removal of waste containers. Any person who violates Subsection A shall be thereby  deemed to have abandoned and forfeited the waste container to the Town. Town staff shall have the authority to remove any waste container left int the public right-of-way (except as exempted in Subsection B), and, upon a second or subsequent violation oft this Section, shall only return the waste container after  payment ofa a $50 return fee to the' Town.  D.  Equitable relief. The Town shall have power to seek appropriate relief in equity for  violation of Subsection A through an injunction to any court of competent jurisdiction, including the General District Court. Violation ofany such order shall be punishable as contempt ofcourt. trash containers, recycling containers, and all other receptacles subject to 8 14-21.  E.  "Waste container" defined. For purposes of this Section, "waste container" includes    Mayor D. Dwayne Tuggle called a regular monthly meeting oft the Amherst Town Council to order on April 13, 2022, at' 7:001 P.M. in the Council Chambers oft the Town Hall at 174S S. Main Street.  It was noted that a quorum was present as follows:  P D. Dwayne Tuggle P Rachel A. Carton A Kenneth S. Watts  P Sharon W. Turner P Janice N. Wheaton A Andra Higginbotham  Also present were the following staff members: Sara E. McGuffin Town Manager  Eric Lansing Town Attorney Robert Shiflett Chiefof Police Gary Williams Director of Plants  Vicki K. Hunt Tracie Morgan  Clerk of Council Office Manager/Finance Director  Recitation of the Pledge of Allegiance to the Flag was followed by an invocation by Sharon W. Turner. Mayor Tuggle opened a duly advertised public hearing at 7:02 P.M. on the Town' s proposed 2022-2023 Capital Improvement. Program that identifies acquisition, construction and improvement oftown facilities, and acquisition of capital equipment. There being no one present inj person or otherwise who wished to speak on the Capital Improvement Program proposal, the public hearing closed at 7:02 P.M. Ms. Turner made ai motion that was seconded by Ms. Carton to adopt the 2022-2023 Capital Improvement Program that identifies acquisition, construction and improvement of town facilities, and acquisition of There being no discussion, the motion as to the 2022-2023 Capital Improvement Program carried 3-0 via  capital equipment, as recommended by the Planning Commission and staff.  the roll call method as follows:  D. Dwayne Tuggle Rachel A. Carton Aye  Sharon W. Turner Janice N. Wheaton  Aye Aye Absent  Kenneth S. Watts Absent Andra Higginbotham  A copy oft the 2022-2023 Capital Improvement Program is attached and made a part oft these minutes. Mayor Tuggle opened a duly advertised public hearing on the Town's FY22/23 Proposed Budget at 7:03 P.M., as reviewed by the Finance Committee. There being no one present inj person or otherwise who wished to speak on the budget matter, the public hearing closed at 7:03 P.M. By state code the budget Ms. Carton made ai motion that was seconded by Ms. Turner to place adoption of the budget on the May  cannot be adopted at the same meeting as the public hearing.  11,2022, meeting agenda.  After discussion, the motion carried 3-0 via the roll call method as follows:  D.D Dwayne Tuggle Rachel A. Carton Aye  Sharon W. Turner Janice N. Wheaton  Aye Aye Absent  Kenneth S. Watts Absent Andra Higginbotham  5    Mayor Tuggle opened a duly advertised public hearing at 7:05 P.M. on a proposed ordinance amending Chapter 2, Division 2, Article IV of the Town Code, which would, ifa approved, change the name oft the Industrial Development Authority to the Economic Development Authority. There being no one present inj person or otherwise who wished to speak on the proposed ordinance, the public hearing closed at 7:05 Ms. Turner made a1 motion that was seconded by Ms. Wheaton to adopt thej proposed Ordinance Amending the Code of the Town of Amherst, Virginia, Chapter 2 (Administration), Article IV (Boards, Commissions, and Authorities), Division 2 (Industrial Development Authority) to provide that the name ofthe Industrial Development Authority Shall be Changed to the Economic Development Authority, as  P.M.  recommended by staff.  There being no discussion, the motion carried 3-0 via the roll call method as follows:  D.] Dwayne Tuggle Rachel A. Carton Kenneth S. Watts  Sharon W. Turner Janice N. Wheaton Absent Andra Higginbotham  Aye Aye Absent  Aye  A copy oft the Ordinance is attached and made aj part of these minutes. Mayor Tuggle opened the floor for citizen comment.  Richard Wydner, Amherst, VA, came forward with a concern that there may be some confusion between the Town Economic Development Authority and the County Economic Development Authority. There being no one else listed to speak on the citizen comment sign-in sheet or otherwise, no comments Ms. Carton made ai motion that was seconded by Ms. Turner to approve the Minutes of the meeting held Therel being no discussion, the motion as to the March 9, 2022, minutes carried 3-0 via thei roll call method  were made. on March 9, 2022. as follows:  D.D Dwayne Tuggle Rachel A. Carton Aye  Sharon W. Turner Janice N. Wheaton  Aye Aye Absent  Kenneth S. Watts Absent Andra Higginbotham  Afterai report by Town Manager McGuffin, Ms. Carton: made ai motion that was seconded by Ms. Wheaton to approve the purchase ofar replacement work truck through a state contract in the amount of$57,283.00,  as recommended in the CIP and by staff.  There being no discussion, the motion carried 3-0 via the roll call method as follows:  D.D Dwayne Tuggle Rachel A. Carton Aye  Sharon W. Turner Janice N. Wheaton 2 6  Aye Aye Absent  Kenneth S. Watts Absent Andra Higginbotham    Afterai report by Town Manager McGuffin on VDH funding for the replacement of Sunset Drive waterline and the replacement of Maple Lane/Whitehead Drive waterline projects. By consensus staff was authorized to apply for waterline funding under VDH funding programs for these projects, where no. local After ai report by Town. Attorney Lansing, Ms. Wheaton made a motion that was seconded by Ms. Carton to hold a public hearing at its meeting on May 11,2022, on the proposed Ordinance Amending the Code oft the Town of Amherst, Virginia, Chapter 14 (Solid Waste), Article IV (Collection and Disposal), by Enacting $ 14-25 Therein, to Prohibit the Placement of Waste Receptacles in the Public Right-of-Way, Other Than at Designated Collection Times or the Evening Beforehand, as recommended by staff. There being no discussion, the motion carried 3-0 via the roll call method as follows:  match is required, as recommended by staff.  D.Dwayne Tuggle Rachel A. Carton Kenneth S. Watts  Sharon W. Turner Janice N. Wheaton Absent Andra Higginbotham  Aye Aye Absent  Aye  After ai report by Town Manager McGuffin, Ms. Carton made ai motion that was seconded by Ms. Turner to adopt the Resolution of the Amherst Town Council to enter into a Mutual Aid Agreement dated May 1, 2022, by and between the Sheriffs of the Counties of Amherst, Appomattox, Bedford, Campbell, Lynchburg, Nelson, Pittsylvania; the Towns of Altavista, Amherst, Bedford, Brookneal, Chatham and  Hurt; and the City ofLynchburg, Virginia, as recommended by staff.  There being no discussion, the motion carried 3-0 via the roll call method as follows:  D.Dwayne Tuggle Rachel A. Carton Kenneth S. Watts  Sharon W. Turner Janice N. Wheaton Absent Andra Higginbotham  Aye Aye Absent  Aye  A copy oft the resolution is attached and made aj part ofthese minutes. Mayor Tuggle opened the floor for citizen comment.  There being no one listed to speak on the citizen comment sign-in sheet or otherwise, no comments were Ms. Wheaton proposed that aj public hearing be set on removal of the provision in the town charter that allows for two-thirds vote to remove a council member. After discussion, the matter was deferred to a There being no further business, the meeting adjourned at 7:271 P.M., until May 11, at 7:00 p.m. on motion  made.  later date.  ofMs. Carton seconded by Ms. Wheaton.  The motion carried 3-0 via the roll call method as follows:  3 7    D.Dwayne Tuggle Rachel A. Carton  Sharon W. Turner Janice N. Wheaton  Aye Aye Absent  Aye  Kenneth S. Watts Absent Andra Higginbotham  D. Dwayne Tuggle, Mayor  Attest:  Clerk ofCouncil  4 8    TOWNOFA AMHERST  FISCAL YEAR 2022-2023BUDGET  Town of Amherst  Capital Improvement Program FY 22-23  Recommended by the Planning Commission for consideration by the Town Council  CIP Planning Total Evaluation Ranking 13 13 11 18 19 14 19 13 22 19  Recommended General Fund General Fund AllFunds AIIF Funds Allf funds AIIF Funds AIIF Funds General Fund WWF Fund ww Fund Grant and Water Grant and Water Granta andy Water Granta and Water 420,416.00Grant: and Water Granta andy Water  Project Description & Ranking Committee Commission Estimated Cost 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 Sources ofF Funds  Police Police Tahoe SUV-New Police Interceptor- SUV Community Development Maintenance New Truck MiniE Excavator UTV-Side by Side (shared) Addition toN Maintenance: Shop Backhoe Tractor w/ bucketr mower8 &backhoe Plants WWTP SCADA Roof Replacement-lab Water Line Replacements Replace Author Court W/L Sunset Drive Replacement Waugh's Ferry Road Replacement Walnut Street Replacement Union HillF Replacement Zane Snead Replacement  47,000.00 47,000.00 46,845.00 45,000.00 45,000.00 80,000.00 16,500.00 16,500.00 100,000.00 120,000.00 37,000.00 37,000.00 160,590.00 $ 160,590.00 6,800.00 6,800.00 200,000.00 1,019,260.00 1,406,595.00 136,888.00 420,416.00 294,400.00  47000  46,845.00 46,845.00 80,000.00 100,000.00 120,000.00  200,000.00  1,019,260.00 1,406,595.00  136,888.00 294,400.00  TOTAL 4,137,294.00 312,890.00 546,845.00 2,472,700.00 478,288.00 420,416.00  9    ORDINANCE OF THE TOWN OF AMHERST  AN ORDINANCE AMENDINGTHE CODE OF' THETOWN OF AMHERST, VIRGINIA, CHAPTER 2 ADMINISTRATION, ARTICLE IV (BOARDS, COMMISSIONS, AND AUTHORITIES), DIVISION 2 (INDUSTRIAL DEVELOPMENT AUTHORITY), TO PROVIDE THAT THE NAME OF THE INDUSTRIAL DEVELOPMENT AUTHORITY SHALL BE CHANGED TO THE ECONOMIC DEVELOPMENT AUTHORITY.  WHEREAS, 88 15.2-1427 and 15.2-1433 of the Code of Virginia, 1950, as may be amended from time to time, enable al local governing body to adopt, amend, and codify ordinances  or portions thereof;  WHEREAS, the Virginia Industrial Development and Revenue Bond Act (Va. Code $8 15.2-4900 et seq.) allows for local governments to create industrial or economic development  authorities;  WHEREAS, $ 15.2-4903, Subsection C, oft the Code of Virginia provides for the name of any industrial development authority to be changed to "Economic Development Authority"; WHEREAS, such a name change reflects developments in the economy of the Town of Amherst since the original establishment oft the Industrial Development Authority; WHEREAS, the full text of this amendment was available for public inspection in the Amherst Town Hall, at 174 S. Main Street, Amherst, VA 24521; and WHEREAS, on April 13, 2022, aj public hearing was held on this matter, and all oft those NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AMHERST, that Chapter 2 (Administration), Article IV (Boards, Commissions, and Authorities), Division 2 (Industrial Development Authority) of the Amherst Town Codei is hereby  wishing to speak on this topic were heard;  amended as follows:  DIVISIONZ.-ECONOMICDEVELOPMENT AUTHORITY Sec. 2-140. Created; powers, duties, and obligations.  There is hereby created, pursuant to the provisions of the Industrial Development and Revenue Bond Act (Va. Code $S 15.2-4900 et seq.), aj political subdivision of the Commonwealth, to be known as an industrial development authority, with such public and corporate powers, duties, and obligations  as are set forth in the above-citied sections oft the Code of Virginia.  Sec. 2-141. - Name.  The name of the political subdivision of the Commonwealth created by this Division, heretofore known as the "Industrial Development Authority of the Town of Amherst, Virginia," is hereby renamed the "Economic Development Authority ofthe Town of Amherst, Virginia," pursuant to  10    $15.2-4903(C) of the Code of Virginia. Where the context establishes a reasonable distinction from the economic development authorities of other localities, the Authority may also be referred  to as the Economic Development Authority. This ordinance was adopted on the 13th day  e  D.Dwayne Tuggle, Mayor  D  ATTEST: DekHumk Clerk oft the Council  11    RESOLUTION OF THE AMHERSTTOWN COUNCIL MUTUAL AID AGREEMENT  WHEREAS, for a number of years the cities, counties and towns in Central Virginia and their law WHEREAS, these mutual aid agreements have (a) helped promote regional corporation among law enforcement agencies (b) helped participating. jurisdictions provide necessary law enforcement services during emergencies and (c) helped enhance the overall quality of law enforcement services in Central Virginia;and, WHEREAS, the Town of Amherst entered into a written mutual aid agreement with the Amherst County Sheriff's Department, the Appomattox County Sheriff's Department, the Bedford County Sheriff's Department, the Campbell County Sheriff's Department, the Lynchburg Sheriff's Department, the Town of Altavista, the Town  enforcement agencies have participated in mutual aid agreements; and,  ofB Brookneal, the Town of Bedford, and the Town of Hurt; and,  WHEREAS, these mutual aid agreements must be amended from time to time to reflect amendments to WHEREAS, the Sheriff's Departments for Nelson County and Pittsylvania County have requested that they be allowed to participate ini the mutual aid agreement along with the cities, counties, and towns and other law enforcement agencies in Central Virginia who are currently parties to the said mutual aid agreement;  the Virginia Code, to add new parties, etc.; and,  NOW, THEREFORE, BEI ITI RESOLVED that the Amherst Town Council hereby authorizes the Town to enter into a written mutual aid agreement with the Amherst County Sheriff's Department, the Appomattox County Sheriff's Department, the Bedford County Sheriff's Department, the Campbell County Sheriff's Department, the Lynchburg Sheriff's Department, the Nelson County Sheriff's Department, the Pittsylvania County Sheriff's Department, the Town of Altavista, the Town of Bedford, the Town of Brookneal, the Town of Hurt and such other cities, counties, and towns and law enforcement agencies in the Central Virginia area as may be appropriate for thej joint use of law enforcement forces, both regular and auxiliary, equipment and materials, in order to maintain the peace and good order, and the Town Manager is authorized to execute such an agreement on behalf of the  Town of Amherst.  BEITFURTHER RESOLVED the Amherst Town Council hereby approves the Town's participation ini future law enforcement mutual aid agreements with the cities, counties, and towns in Central Virginia andi their law enforcement agencies and at such times as those mutual aid agreements must be updated and amended, the Town Council authorizes the Town Manager to sign such future law enforcement mutual aid agreements on  behalf of the Town. Adopted: Certified:  Clerk of Council  12    Town Manager's Report May 11,2022 Status ofall items shown in italics  From the Council's Strategic Plan: Ongoing ori immediate  Discuss Brockman Park development with IDA- Mini-retreat with. IDA on 8.24 Advise the IDA about Council's interest in exploring an EDA- Completed. 5.3.21 Review the previously developed walkability plan- Completed 4.15.21 Town Manager meet with the County Administrator and briefhim on Council's desire to  improve relationships with the County- Completed  Within three (3)months -1 by. June 1.2021  Develop a sidewalk plan inj priority blocks downtown- Additional planning to be completed through Comprehensive. Plan and continued, grant work. Mayor and Chair of Amherst County Board of Supervisors meeting  Develop a business visitation plan and commence visits- IDA has begun visitation ofall Develop a plan for ai new Council table/dais, including the layout and components, get price quotes, and report back to Council- Clerk is reviewing options for construction ofa  businesses in town. Completion, pending. workstation) for her at the meetings. Within six (6)months - by September 1, 2021  Bring to Council a plan for aj pathway forward for the IDA to become an EDA- Convene aj joint Town Council/IDA meeting HeldJuly 6, 2021 Explore creating a façade improvement program, with incentives Joint Town Council/Board of Supervisors meeting  Completed.  Explore the (additional) resources necessary to implement the workplan and report back  to Council By. January 1,2022  Negotiate and approve ai revised utility agreement with Sweet Briar College- On this  month 's meeting agenda. Within one year - by March 1.2022  Develop a workplan for the IDA/EDA with goals- Inj process.  Comprehensive Plan update, including a Downtown Revitalization Component, In  process.  Within two (2)years - by March 1.2023  Complete initial visitation oftown businesses- Pending.  1  13    Adopt ai revised Comprehensive Plan- Anticipated completion by Summer, 2022. Staffis working with the PDC on a citizen engagement survey on issues in town, and anticipates that the survey will go live shortly. Survey completion will coincide with a public  meeting.  Other Major Projects: Sewer Sliplining Project  Wastewater Treatment Plant improvements are complete. On the collection side ofthe project, we have worked with the contractor on aj plan ofaction) for the remaining work. USDA has  approved pipe bursting and working to get a completion. schedule.  Water Treatment Plant pandemic related. shutdown. Brockman Park Engineering Work  The project is proceeding well, although there are time delays due to supply chain issues and a  Survey and delineation work is complete, and. 50% grading plans are complete. Stormwater plans and other regulatory items have been summitted. to the. state for approval.  Standalone Generator at Waugh's] Ferry Water Tank Site work has begun on this project. Centrifuge Facility (Sludge Dewaterer) Work is underway on the design drawings.  Requests for bids have been distributed and are planned to be opened in. Junej for the equipment  for the centrifuge.  2  14    Tozn of AMHERST POLICCIE Department **April 2022** MONTHLY REPORT Total Mileage patrolled: 3,468  CALLS FOR SERVICE MOTORIST ASSIST ALARM PHONE COMPLAINT BOLO MISSING PERSON SHOPLIFTING PROBLEM WITH OTHERS 5 DOMESTIC CHECK WELFARE NOISE OR DOG COMPLAINT 9 TRAFFIC CRASH EMS CALLS SUDDEN DEATH SUSPICIOUS PERSON OTHER CALLS AT AMBRIAR OTHER ASSIST OTHER OFFICER ASSIST OTHER AGENCY COURT REPORTS SCHOOL /TRAINING MEETINGS TOWED / IMPOUNDED VEH WARNINGS SPEEDING EQUIPMENT VIOLATION RECKLESS DRIVING SUSPENDED LICENSE NSPECIONAEGSTRAION 2 SEAT BELT/TEXTING ALL OTHER VIOLATIONS  NUMBER 18 11 107 16  OFFICER INITIATED BUILDING CHECKS BUSINESS VISIT BUILDING SEARCH TRAFFIC SUMMONS DRUNK IN PUBLIC EXTRA PATROLS/PARKS WARRANT SERVICE PROPERTY WALK AROUNDS 62 WARRANTS OBTAINED PARKING TICKETS MISD. INVESTIGATION FELONY INVESTIGATION NARCOTICS INV. SEARCH WARRANT PUBLIC RELATIONS CITIZEN CONTACT TRAFFIC STOPS TICKETED SPEEDING EQUIPMENT' VIOLATION RECKLESS DRIVING SUSPENDED LICENSE NSPECION/REGSTRAION 2 SEAT BELT/TEXTING ALL OTHER VIOLATIONS ARREST MISDEMEANOR FELONY EPO/PPO ECO NARCOTICS VIOLATION DUI/DUID  NUMBER 169 39 2 19 107/26 2 3 2 2 1 4 169 NUMBER 13 2 2 NUMBER 2 2  2 1 2 6 15 2 NUMBER 5 3 6 10 8hours 15  NUMBER 6  15    Tozn of AMHERST POLICCIE Department  MONTH OF **APRIL** ACTIVITIES: Major Harler Retired 4/28/22 Promotion of Captain Payne Trauma Informed community meeting - Officer Martin Accreditation meeting with Altavista PD 4/8/22 Interview for new officer 4/18/22 Hired Officer Luther Rose FTO Officer Luther Rose - Inv. Watts/Cpt. Payne Search warrant conducted by Officer Martin for financial crime First responder parade planning continues VML interview and video about accreditation 4/21/22  AFTER HOURS CALLS Alarm - Food Lion 4/2/22 Building Secure Prowler - Pine Street 4/6/22 Advice Alarm - S. Main 4/15/22 Building Secure Suspicious Vehicle - S. Main 4/25/22 GOA Noise Complaint - Loch Lane 4/28/22 Canceled  ASSIST COUNTY CALLS Possible B&E - Hico Dr 4/8/22 assist Trespassing - Patrick Henry Hwy 4/16/22 Advice Traffic Crash - 60/Union Hill 4/23/22 assist  SIGN TRAILER USAGE 4/26/22 S. Main/Town Hall 4/27/22 S. Main/Town Hall  16    TOWN OF AMHERST P.O. Box 280 174 S. Main Street Amherst, VA2 24521 Phone 434)946-7885 Fax 434)946-2087  ORPORATED To: From: Date: Re:  Town Council Tracie Morgan May 4, 2022  April 2022 Monthly Report  Utilities - April utility billing total was $194,872.95.  A/P -1 The total amount of checks cut for April 2022 bills, including payroll deductions were $229,074.54. Meals and Beverage Tax - 16 Businesses paid $58,863.20 in Meals and Beverage Taxi fort the month of License Tax Bills - License Fee Bills were due December 6, 2021. Second notices have been sent out to those that are delinquent. Iran my collection process February 14, 20221 that included bank liens, and Audit- We ran into some more Edmunds conversion problems affecting the reports that Iruni for the audit. Ihope this will be complete soon and next year we have everything worked out. Business License - Business License notices and applications were: sent out the beginning of March. Applications and payments were due by May 1, 2022 to avoid penalty and interest. Collection efforts FY22 Budget Amendment - Mrs. McGuffin willl be requesting to hold al Public Hearing in. June 20221 to amend the FY2 22 Budget. According toi the Code of Virginia, if a locality expenses out more than one percent of their adopted budget they must amend the budget. In our casei if we spend anything over $36,201.67 we will have to amend the budget. The purchase of the police interceptor quickly took us over that amount as well as police in-car and on-person cameras and a new maintenance truck. lam not requesting to appropriate any money from the reserves. All appropriation requests associated with this amendment are from grant reimbursements or ARPA money that we used for revenue replacement. Iwas able to cover the cost of the police interceptor and the new maintenance truck with the switch out  March 2022.  intercepting State Tax Refunds. Dee had begun the DMV Stop process.  will begin in August.  of ARPA funds for the Police salaries.  Respecting the past. Attending the present. Concentrating on thej future.    CLERK OFCOUNCIL REPORT APRIL 2022  COMMITTEE MEETINGS Town Council post to Town website.  Regular Meeting on 03-09-22: Receive and review agenda materials; assemble packet for meeting; distribute and post agenda packet to website; prepare for and attend meeting; draft minutes for approval;  Quorums: Confirm meeting with board members  TOWN WEBSITE DESIGN! AND CONTENTMANAGEMENT  Administration of website generating and continuously uploading infommation/documents; revising website pages with latest information and links to documents and/or outside sites; examining traffic through the site; design for overall look and feel of the site, including photos, color, graphics, and layout;  creating, editing, posting, updating, and cleaning up outdated content.  TOWN FACEBOOK ADMINISTRATOR  Create content and/or design and post on Facebook with links to Town website including, but not  limited to:  Notice: Procedures for Amherst Town Council April meeting Notice: DMV to go service at' Town Hall Share links to community news and events; Monitor feedback.  ZONING ORDINANCE RECODIFICATION  Continue Review of Recodification Proof checking for requested changes; prepare cross reference; redline proof and update memo on additional changes; request and receive adopting ordinance from  Municode; attend meeting with Town Manager and' Town Attorney Pancake Day: Receive VDOT permit and distribute  BANNER PERMIT  OTHER:  Convert and post audio meeting recording to website Contact individual board members re expiring terms Correspond with BZA rej potential meeting dates Contact Municode: re inclusion ofordinances not yet codified Contact Municode: re Munidocs; receive login information; attend webinar Request setup ofwebsite staging site re calendar Miscellaneous phone calls, correspondence; miscellaneous research. Prepare miscellaneous purchase orders.  Prepare legal ads; correspond with News and Advance rej publication; post public hearing notices  Town of Amherst Committees - April 30, 2022, Update; See Attached.  18    Town of Amherst Committees as of April 30, 2022  AppointedTerm Expires  Appointed/lerm Expires 01/01/21 12/31/22 01/01/21 12/31/22 01/01/22 12/31/22 01/01/21 12/31/22  TOWN COUNCIL D. Dwayne Tuggle, Mayor 01/01/19 12/31/22 Rachel A. Carton, Vice 01/01/21 12/31/24 Kenneth S. Watts Sharon W. Turner Janice N. Wheaton PLANNING COMMISSION June Driskill, Chairperson Janice N. Wheaton William Jones Nathaniel Holden Case John Kendrick Vandervelde Clifford Hart Anne Webster Day BOARD OF ZONING APPEALS June Driskill Ed Carton Teresa Tatlock Marvin Hensley R.A. "Tony Robertson ECONOMIC DEVELOPMENT AUTHORITY Clifford Hart Sharon Watts Turner Aaron H. Mahler Jacob Bailey Manly Rucker Kim Odell Stein Richard Wydner C. Manly Rucker, III Bessie H. Kirkwood Glenda Hash D. Dwayne Tuggle Sara E. McGuffin  CENTRAL VIRGINIA IRANSPORTATION COUNCIL(MPO)  D.D Dwayne Tuggle Sara E. McGuffin Andral Higginbotham Kenneth S. Watts  01/01/19 12/31/22 01/01/21 12/31/24 11/12/19 12/31/22  TOWNISWEET BRIAR SEWER USE ADVISORY COMMISSION  Andra A. Higginbotham 11/11/21 2022 special election (2024 term)  05/13/20 06/30/24 01/01/21 12/31/22 (TCrep) 07/01/19 06/30/23 11/11/21 11/10/25 11/11/21 06/30/22 07/01/19 06/30/23 03/13/19 06/30/22 11/13/20 08/31/25 09/01/19 08/31/24 11/11/21 08/31/26 08/31/17 08/31/22 01/13/21 08/31/23 07/01/19 08/31/23 07/01/18 06/30/22 07/01/21 06/30/25 07/01/20 06/30/24 07/01/21 06/30/25 07/11/18 06/30/22 07/01/19 06/30/23 05/13/20 06/30/24 07/01/18 06/30/22 05/13/20 06/30/24 01/01/21 12/31/22 01/01/21 12/31/22  TOWN COUNCIL COMMITTEES (FOR THE 01/01/21-12/31/22 TERM)  FINANCE COMMITTEE Rachel A. Carton (Chairman) and Sharon W. Turner Monitor the budget development process. Review accounting procedures, budgets, and bookkeeping activities. Interface with auditors. UTILITIES COMMITTEE Kenneth S. Watts (Chairman) and Andra A. Higginbotham .Monitor the development and construction of capitali improvement; projects. Review proposed utility system upgrades and extensions. Interface and assist developers in coordinating Town policies with proposed new TOWN HALL MEETING ROOM REHABILITATION. ADI HOC COMMITTEE Rachel Carton (Chairman) and Sharon Turner Oversee and monitor rehabilitation and refurbishment  developments.  PROPERTYMAINTENANCE INVESTIGATION BOARD  CENTRAL VIRGINIA PLANNING COMMISSIONMPO  19    Utility/Town Maintenance and Construction Report  Apr-22 Water Meter Read Water Meter Re-Read Disconnects VA-811 Service locations Vehicle PM Work Orders Pump Station/Plant Work Orders Banners Installed/Dismantted Water Services Installed/Replaced Sewer Services Installed/Replaced Minor Leaksks Repaired Major Leaks Repaired Minor Sewer Problems Resolved Major Sewer Problems Resolved Man Hours Meter Reading Street/Sidewalk Maintenance Safety Training Bush gogging/ Right of way water/ sewer Flushing Water Equipment Maintenance Xmas decorations  1150 42 16 35 15 27 1 41 Z 2 2 5 0 115 294 8 37 4 77 0  Major Issues & Comments  Joe,Keith and myself attended The 2022 Rural Water Association Annual Conference in Roanoke on April 25-2 27th.  Routine/Annual Work Service Work Orders Meter Reading Prev-Maint Work Orders Disconnects Re-connects Flushing Program  Projects/Unusual Work  Locating Un-marked/Unknown Water & Sewer System Assets Continue Safety and Shop/Yard Clean-up Staff has been working on finding water valves and addressing issues Working on clearing water right of ways.  ins Select Locations  20    TOWN OF AMHERST DEPARTMENT OF PLANTS  MONTHLY PRODUCTION AND OPERATIONAL REPORT  April = 2022  SUBMITTEDBY: GARY S. WILLIAMS, SUBMITTED ON: Wednesday, May 4, 2022  DIRECTOR OF PLANTS  Grandview Water Filtration Plant,  Picture 1  Construction activity has returned to the Waste Tank and Lagoon area as supplies are shipped/received. The original lagoon wet well is now being retrofitted to receive water from the last original lagoon structure saved as an overflow/auxiliary storage/catch basin. Holes in the sidewalls, where daylight can be seen, will be grouted closed to make a water holding transfer station. Liquid discharged from the old lagoon will be pumped to the new waste tank. (Pictures 1&  2)  Also installed is the cabinet for the Motor Control Center (MCC). The wiring of the cabinet still needs to be completed, but the case. has been set and anchored (Picture 3). Finished water NO. 1 was installed. All3 finished water pumps and motors have been replaced. Pump/Motor No. 1 still has a trial run test to be done.  Picture2  (Picture 4)  Picture3  Picture4  05   0 027  21    Waughs Ferry Tank /Sweet Briar Pumping Station Emergancy Generator Project,  The Sweet Briar pumping station emergency station generator project has started with the driveway to the building. Trees behind the building have been removed, and the footer for the cement pad the generator will sit oni is now being dug (Pictures 5&  Picture5  6).  Picture 6  Repair Work At Rutledge Creek WWTP on Grit Removal Pump, Plant staff has pulled and replaced the motor that runs the grit pump. Re-bolting the mounting plate is needed before the motor can be connected back to the pump. Staff is looking at the first of next week for  Picture7  project completion.  5.04.2022  Other Points OfNote,  Staff has worked with Mr. Joey Hiner of the Southeast Rural Community Assistance Corporation (SERCAP), Inc in Roanoke, VA, on the 2022 Town of Amherst Emergency Response Plan for Public Drinking Water Systems. The Emergency Response Plan is now completed, and we are working on the Security Vulnerability Self-Assessment for Water Systems. Once all is completed Staff with] present Council with the final draft for  your questions and records.  22    Town ofAmherst Planning Commission  Minutes May 5, 2022  A meeting of the Town of Amherst Planning Commission was called to order by Chairperson June Driskill on March 2, 2022, at 7:00 P.M. in the Council Chambers ofTown Hall at 1745 S. Main Street.  Ity was noted that a quorum was present as indicated below:  P June Driskill P William Jones A Anne Webster Day P Clifford Hart  P Janice N. Wheaton P John Vandervelde P Nathaniel Holden Chase   -  Town Manager Sara McGuffin and Clerk of Council Vicki Hunt, her capacity as Secretary to the  Commission, were  present.  The Chair opened the floor for citizen comments.  There being no one present to speak; no comments were made.  Mr. Jones made ai motion that was seconded by Ms. Wheaton to approve the minutes of the March 2, There being no discussion, the motion to approve the March 2, 2022, minutes carried 6-0 according to  2022, meeting. the following:  June Driskill Janice Wheaton Aye William Jones Clifford Hart  Aye Aye Aye -  Anne Webster Day John Vandervelde Nathaniel Holden Chase Aye  Absent Aye  Afterar reportby Town Manager McGuffin, Mr. Vandervelde made ai motion that was seconded by Ms. Wheaton to set a public hearing at its next meeting on June 1, 2022, on the Zoning and Subdivision Recodification, as  presented and recommended by staff.  After discussion, the motion carried 6-0 according to the following:  June Driskill Janice Wheaton Aye William Jones Clifford Hart  Aye Aye Aye  Anne Webster Day John Vandervelde Nathaniel Holden Chase Aye  Absent Aye  Town of Amherst Planning Commission  May 5, 2022  1 23    There being no further business, on motion of Mr. Hart, seconded by Ms. Wheaton, the meeting  adjourned at 7:31 PM.  June Driskill, Chairperson  Attest:  Secretary  Town of Amherst Planning Commission  May 5, 2022  2 24    Town of Amherst Economic Development Authority  Chairperson Sharon W. Turner called a meeting of the Town of Amherst Economic Development Authority, formerly Industrial Development Authority, to order on May 2, 2022, at  5:15 p.m. in the Council Chambers of the Town Hall at 174 S. Main Street.  Itwas noted that a quorum was present as follows:  P Sharon Turner P C.Manly Rucker P Clifford Hart A Aaron Mahler  A Jacob Bailey P Kim Stein P Richard Wydner  Town Manager Sara E. McGuffin, in her capacity of secretary, and Clerk of Council Vicki K. Mr. Rucker made a motion which was seconded by Mr. Wydner to approve the minutes of the  Hunt were also present.  -  March 7,2022, meeting oft the Industrial Development Authority. There being no discussion, the motion carried 5-0 as follows:  Sharon Turner C. Manly Rucker Clifford Hart Aaron Mahler  Aye Aye Aye Absent  Jacob Bailey Kim Stein Richard Wydner Aye  Absent Aye  John Vandevelde, Amherst, Virginia, presented aj project proposal that would provide new town residents with community information on individual town businesses and organizations. Design and layout of cards by the Town of Amherst staff would contain images and text provided by participating organizations and businesses and placed in wooden card holders manufactured by Town Manager McGuffin apprised the Authority of a request from County Administrator Dean Rodgers for use of Brockman Park for a national archery competition in June 2023. The County is pursuing the use of Sweet Briar but wanted to know if Brockman was an option. After discussion, Town Manager McGuffin was directed to advise Mr. Rogers that he is requested to Authority members briefly discussed the Authority's Visitation Program for businesses. Authority Members will continue to submit their reviews to Town Manager McGuffin. There being no further business, the meeting adjourned at 7:31 p.m. on motion of Mr. Wydner,  Ascension Church volunteers. Discussion was deferred.  attend ai meeting oft the EDA should the County wish to pursue this option.  seconded by Mr. Hart.  Town of Amherst Economic Development Authority  May 2, 2022  25    The motion carried 5-0 as follows:  Sharon Turner C.N Manly Rucker Clifford Hart Aaron Mahler  Aye Aye Aye Absent  Jacob Bailey Kim Stein Richard Wydner Aye  Absent Aye  Sharon W. Turner, Chairperson  ATTEST:  Secretary  Town of Amherst Economic Development Authority  May 2, 2022  26    Robert E. Lee Soil & Water Conservation District  7631-A Richmond Hwy. Appomattox, VA 24522 Phone 434-352-2819 FAX 434-352-9405 yareleconeratoncon Board of Directors Regular Meeting Minutes The Spring House Restaurant 9789 Richmond Hwy Lynchburg, VA 24504 March 24,2022-6 6:00 p.m. Directors: (Present)  Jeff Floyd, Chairman Brandon Schmitt, Assistant Chairman Doug Perrow, Treasurer Chad Barrett, Assistant Treasurer Charles Smith Joetricia Humbles Karen Angulo Bonnie Swanson Brandon Payne Bruce. Jones None  Directors: (Absent) (Present)  Staff/Partners: Jonathan Wooldridge, RELSWCD District Manager/Sr. Ag BMP Cons. Spec.  Mark Hollberg, CDC, DCR Conservation District Coordinator Cindy Miller, RELSWCD Office Administrator Lauran Campbell, RELSWCD Conservation Education Specialist Kelly Burke, NRCS District Conservationist George Shrader, Timberlake WID Treasurer  Others:  Call to order: The regular meeting of thel Robert E. Lee Soil and Water Conservation District Board ofl Directors was called to order March 24,2022, at 6:01 p.m., by. Jeff Floyd, Chairman, at' The Spring House Restaurant, 9789. Richmond  Hwy, Lynchburg, Virginia. Acknowledgement of Guests: None  Adopting the Agenda: Jeff Floyd, Chairman, asked ifthere were any changes to the agenda. Motion was made to move Reading and Approving of the February 24, 2022 Minutes: Jeff] Floyd, Chairman, asked ifthere were any corrections to thei minutes (copy filed with the minutes). Motion was made to approve the minutes as presented. Approved (Perrow,  unfinished business to agenda item one. Approved (Perrow, Payne passed 10/0)  Smith passed 10/0).  REPORT OF OFFICERS/PARTNERS/STAFF  I-Unfinished Business- Reviewed vehicles available currently at Magic City Ford, Roanoke Va.  Vehicles 2022 Bronco and 2022 Ford F150 are currently available with a $1000 gas card, ifv warranty work is needed Magic Motion was made to go ahead and pay down payment of $500 each tol hold vehicles to purchase next week with Motion was made to pay for new vehicles with Operation funds. Approved (Barrett, Perrow passed 10/0)  City will come pick up vehicle and return itt to us once repaired. Magic City Ford. Approved (Perrow, Schmitt passed 10/0).  1 27    Motion was made to get vehicle insurance thru current Insurance Col Farm Bureau and get quotes from other  insurance companies ata later date. Approved (Barrett, Angulo passed 10/0).  6:18 pm. Jonathan and Cindy stepped out.  2-Treasurer's Report - February 2022 Doug Perrow, Treasurer, gave the Treasurer's report (copy filed with minutes). AII bank statements were reconciled to the checkbook and QuickBooks program. The February 2022' Treasurer's report willl be filed in thel District Office. Directors requested that BB&T be changed to' Truist in QuickBooks.  6:22 pm. Jonathan and Cindy returned.  3-DCR Conseryation District Coordinator Report- Mark Hollberg, CDC gave thel March 2022 report. (Copy filed with Administration: Third quarter reports are due in my office April 15- Attachment E, cash balance and] P&L. District finance committees should be thinking about drafting FY23 annual budgets for board approval in June. State Budget figures for SWCDs include an additional $3.6million for district operations, additional dam maintenance funding, $31 million ofTechnical. Assistance, $230 million of cost share. General Assembly adjourns March 12. The Terms of At Large Directors expire at the end oft this year 12/31/2022, recommendation to decide by August BOD meeting. Ag Cost Share: Please encourage BMP participants to complete their projects in time forj payment prior to the close of the fiscal year such that carry over into FY23 can be minimized. Please review Pages II 41 - 44 in the VACS manual. Practices approved in FY22 that arel listed as two-year completion date eligible" do not need formal board approval prior to the end oft this year. Other practices substantially under construction ande eligible for carryover will need approval by district boards prior to COB 6/30/22. Notify Blair Gordon by May 13 (Cc me please) of any projects needing DCR approval prior to district consideration to carry over a third time into a 4th program year, See the FY23 Carryover report in Logi at "Shared Reports>District Year End Reports-Fiscal Year Closeout Reports. Districts unable to obligate 90% oft their FY22 cost share allocation can either transfer allocation to other districts or return allocation with proportional TA tol DCR Reminder: SL-6N/W applies only toi fields receiving exclusion fencing. To further distribute grazing to: fields without a live stream accessible to livestock, use SL-7 (streams in other fields must be excluded). Seasonally grazed, upland hayfields are typically not eligible for SL-6N/W because no live stream is present. SL-7 requires a Prescribed Grazing Plan  minutes).  General Assembly reconvenes on April 27 (veto session).  before the end of. June.  to bei implemented. New DCR Director is Mathew Wells  4-USDA Natural Resources Conservation Service Report - Kelly Burke, NRCS District Conservationist, gave thel March  2022 report. (Copy filed with minutes) Program Updates/Deadines: EQIP-CIC. Application Deadline: 04/1/2022 CSP) Renewal Application Deadline: 04/15/2022 CRP Grasslands. Application Deadline: 05/13/2022.  Environmental Quality Incentives Program (EQIP) 0 281 EQIP active contracts  035 EQIP Applications 021 EQIP-CIC. Applications 041 EQIP Preapproved applications 070 CSP Renewal Contracts o 16 CSP Classic Contracts 03 CSP Renewal Applications 02 CSP Classic. Applications Local Working Group/Public Meetings  Conservation Stewardship Program (CSP)029CPS-GCI Contracts  2 28    LWG Meeting 9:00 am on 4/28/2022 Location: TBD BMP Projects/District Collaborations Outreach/Agency Activities/. JED (agendas) Virginal Tribal Summit- -3/16 &3/17  One  Urban Agriculture and Innovation Production Advisory Committee Meeting 3/23 & 3/24  5-Virginia Department of Forestry Report - Rick Butler, Appomattox Forester- Marchi report (copy filed with minutes). Several fires have occurred during some of the dry days this Spring but the quick response time kept them less than 10  acres. Most caused by downed power lines. Treel Planting is almost completed for this Spring. Still have open fields to complete Seedling survival looks really good: from last year's planting. Cost share paperwork taking a lot oftime. Have some upcoming events at the schools.  6-Virginia Cooperative. Extension Report - Bruce. Jones, Appomattox VCE. Agent gave thel March 2022 report (Copy I. Well Water (drinking water) testing Program - Collection on June 15 at Extension offices a. 4 Appomattox, Campbell, Amherst, Lynchburg and Bedford $60 fee  filed with. minutes).  b. Testing for bacteria, lead, copper, arsenic, iron, manganese, pH, hardness, sodium, sulfate, fluoride, and  nitrate willl bei measured,  2. Pond program  Looking tol hold one or two this year - planning for May or Fall. hosted by me with focus forf farmers doing direct marketing 4. Looking at bringing back al Horse educational program. 6. Central Virginia Farm Tour- - June 26 - 1-6pm  3. Website development- - May 23 or 24?- Appomattox campus of CVCC - led by Virginia State University and 5. Central Virginia Cattle Conference is this Friday, March 25 in Red House. Over 100 individuals registered with primary speakers coming from Virginia Tech campus, Thank you again fort the support oft this program. 7. Southern Virginia Precision Agriculture and Farm Efficiency Grant - funded by the Virginia Tobacco a. Kick offi meeting Monday, March 28 at Research station in Blackstone 61 pm.  Commission - Appomattox and Campbell counties included C. 1/3 cost share program up to $5,0001 reimbursement  b. Items covered include precision agriculture equipment, hay barns, vegetable focused equipment, etc.  7-RELSWCD District Manager/Sr. Ag BMP Conservation Specialist Report: Jonathan Wooldridge gave the March Projects: Busy month. Weather and supply issues have slowed down field work. Monitoring projects under construction and meeting with new producers. Working on estimates and maps for new projects. Working on Nutrient Management plans and: soil testing questions. Got 2 large SL-6W's in Amherst and getting DCR Engineering for assistance. Contract 10-22-0027 Instance 474160 Co. AM/CB Est Cost $16625.00 CS amt $20345.00 includes: $3720.00 Buffer  report (copy filed with minutes).  Practices and Conservation Plans for Board. Approval: Payment Comp/ Date. June 30, 2023 Funding Source PY22 CB VACS Motion made to: approve) practice. Approved (Schmitt, Payne passed 10/0). Watershed dams are going well. Checking on dams as rainfall events happen.  Practice/ Ranking SI-6W/98/165 Watershed Dams: Spot Checks:  September 21-23, 2021. On March 15, 2022 the last spot check BMP finished their gravel maintenance.  Meetings attended are on file.  3 29    Hours/ Mileage MOUis on file minutes). Meetings: 3/1: Envirothon, zoom 3/2: CASTTraining, zoom 3/2: Area V meeting, zoom 3/24: BOD Meeting Education Programs: Date/location 3/9/ Appomattox 3/10 Appomattox 3/11 Appomattox 3/16 Campbell County (Appomattox: Schools) 3/17 Tabling Zoom 3/24 Longwood  1561 hrs. worked; 919 miles traveled.  Motion to have Chairman sign DCR MOU. Approved (Smith, Schmitt passed 10/0).  8-RELSWCD Conservation Education Specialist- Lauran Campbell gave her report for March 2022 (copy filed with  Program Thunderstorm ina a cup Snowstorm in al bag Thunderstorm in a cup Snowstorm inal bag Science Fair. Judge Water Quality with. JRA Tabling at CVCC  #of People Reached 23 40 85 21 10 60 80  3/22 Yellow Branch Elem. School, Enviroscape  Envirothon Workshop  Motion request: Approve Health and Permission form & Liability Waiver.  After al lengthy discussion thel board wanted us to research the waiver further due to a disagreement about wither the information about health information should be included. Friday the waiver was reviewed with the Area VE Envirothon Coordinator and Blair with VASWCD, Al VASWCD waiver is already in use by other Districts and approved for use by the VASWCD and can be used for all Districts. This willl bet they waiver form used.. Al lengthy discussion about Liability insurance was done as well and Friday the Office. Administrator confirmed with Farm Bureau that Liability insurance is covered along with the Workers Compensation Insurance policy. Liability Coverage thru DCR would be. secondary tol Farm Bureau Lauran has been referred to ar mentor, seasoned Education Specialist to reach for future education questions anda a  Insurance.  sounding board, Tim Miller with Mountain Castle SWCD. 3/29. Appomattox Elementary- Enviroscape 3/30. James River Association- Campbell County Education 3/31 Appomattox Elementary- Enviroscape 4/1 Appomattox Elementary- Enviroscape 4/13. James River. Association- Appomattox School Education 4/14. JRA- Appomattox School Education 4/16) Recycle Field Day 4/21-4/22 Trout in the Classroom, Amherst School Education 4/23 James River State Park, Girl Scouts 4/26 Area VI Envirothon, 4-H Center 4/30 Wrap Up Event- Riverfront Park  Future Programs:  Education Committee meeting will April 6th at 6:301 pm toi review Scholarship applications.  4 30    9-RELSWCD Office Administrator Report - Cindy Miller gave the Marchi report (copy filed with minutes).  Monthly duties are kept up to date.  Distributed the approved minutes from the. January 27, 2021 Board of Directors meeting. Draft minutes for the February 24, 2022 RELSWCD Board ofl Directors meeting were prepared and distributed for Prepared the February 2022 Treasurer's: and Budget reports and forwarded them tol Doug Perrow Treasurer. Reconciled the bank statements (3), checkbook, QBs and multi-funded account balances. Ran thel Budget to Actual Expense report monthly andy year to date and reviewed for errors. Payroll summary (monthly) and general ledger for the month reviewed for accuracy, each month, Prepared the draft agenda for the March 24, 20221 regular Board of] Directors meeting and forwarded: for review.  review.  Processed thel Monthly payroll, taxes, andi retirement. Organized Committee meetings duei in April 2022. Assisted with Budget & Finance Committee Meeting Assisted Lauran with activities Help Host the Area VI Envirothon at Longwood.  Meetings attended on file  Our next Board of Directors meeting will be on Thursday April 28, 2022. Personnel Committee meeting April 7th 4:00 pm Employee evaluations.  Budget & Finance Committee meeting April 7th 5:00 pm, review policies and draft budget.  10. Timberlake WID -Letter received form the Trustees stating resignation of Mr. George Schrader as Treasurer of Timberlake WID: and ai recommendation to appoint J. Kim Steinhorst as the replacement Treasurer. Resume ofJ. Kim Steinhorst was presented and he was in attendance andi introduced to the REL SWCD Board of Directors' REPORT OF COMMITTEES- - Budget & Finance Committee: minutes. Reviewed. Board would like the custom wrap fort the vehicles, light bar and tool box fort the truck priced with three quotes and presented to the BOD for discussion.  NEW BUSINESS- None PUBLIC COMMENT None ANNOUNCEMENIS None Ly  ADJOURNMENT- The Chairman adjourned the meeting at' 7:37 p.m. Approved (Barrett, Angulo passed 10/0)  Guds NQOsc Cindy Miller, Office Administrator  Jeff  Chairman  5 31    Town of Amherst FY - 23 Budget  GNN GTE  NCORPORATED  Mayor D. Dwayne Tuggle Vice-Mayor Rachel Carton Councilor Andra Higginbotham Councilor Sharon W. Turner Councilor Kenneth S. Watts Councilor Janice N. Wheaton  Budget presented to Council with public hearing on April 13,2022  Budget adoption slated for May 11, 2022  Respecting the past.. Attending the present. Concentrating on the future.  32    Respecting the past. Attending the present. Concentrating on the future.  33    TOWN OF AMHERST P.O. Box 280 174 S. Main Street Amherst, VA 24521 Phone (434)946-7885 Fax 434)946-2087  MEMO  Date: March22, 2022  To: Mayor Dwayne Tuggle and Members of Town Council  From: Sara McGuffin, Town Manager Re: FY23Town of Amherst Budget  Itisr my pleasure to present to the Amherst Town Council the proposed FY 23 budget. This budget represents both a recovery budget, in that revenues are tracking back to pre-pandemic levels, but also a budget that recognizes that our current financial climate is filled with many unknowns. Inflation in calendar year 2021 was the highest seen in decades, and employment issues continue to be a concern, as finding and retaining employees has become a challenge for alli industries, but especially those requiring specialized training. Construction costs for projects continue to escalate, and supply chain problems feel like the new normal. That being said, the Town of Amherst continues to be very well positioned for all that we face. Our work force is well trained, capable, customer service oriented, and stable. Our fund balances continue to be healthy andi increasing in most funds. The Town'sreinvestment ini facilities was extraordinarily well timed and left the Town positioned well for the use of ARPA funds and future projects. While decision making in these turbulent times on the appropriate expenditure of funds is challenging, the Town's overall position leaves US with positive  options.  Assumptions and Background:  This budget is predicated on the return of pre-pandemic tracking of revenues. Sales tax revenues are higher than anticipated, due to the change in how those are tracked by the state. Localities now see the benefit of purchases made on- line and delivered to homes. Meals tax revenues have also rebounded past expected amounts. These improvements were already beginning during the last budget cycle, but staff remained conservative on revenue estimates until the trends continued for a longer period. At this point, these trend lines show over a year of positive movement, and while we continue to be conservative in the  projections, the amounts have increased.  iPage  34    While the economy is creating several increased expenditure lines that are beyond the control of the Town, this budget does not recommend any increases to any taxes, fees, or rates. The Town has worked hard to manage costs and maintain a zero levy for real estate and personal property taxes. This budget maintains this course and seeks to continue it into the future. lfinflationary pressure continues for multiple years, this could change, but this is out of Town The receipt of SO many federal dollars to localities has created a temptation to use these dollars on items that are recurring costs for localities. The Town used approximately ten percent of its ARPA funding for lost revenue replacement in the previous fiscal year and anticipates no further use of these funds in any future year for any recurring expense line. While ARPA funds can be used for public safety salaries, doing SO repeatedly sets up an operational deficit ini future years. With the positive revenue tracking, the use of ARPA funds that Council has designated for a sludge dewaterer is a positive capital commitment that has no recurring costs and increases efficiency at the wastewater treatment plant. Because these funds have been designated for this purpose, these funds are As the USDA funded sliplining debt comes online in this fiscal year, and with the expenditures from that project completing, the wastewater fund shows a loss before balancing from reserves. Debts ini this fund create a seven fiscal year challenge, when one of the debts is retired in FY 30. This challenge is known and anticipated as the Town works hard to manage debt appropriately, paying debt down aggressively to save money and better position ourselves for the future. Upon completion of the Water Treatment Plant upgrade, staff recommends a review of debts in the Water fund for the FY24 budget process. There may be good opportunities to pay down or eliminate smaller debts once the treatment Staff does not recommend any additional construction projects with this budget cycle. The current slate of construction projects should be completed and fully  control.  capitalized, and do not appear in your FY23 budget.  plant upgrade costs are fully known.  accounted for prior to beginning any additional projects.  Highlights:  The completion of the USDA funded sliplining project has secured the viability of our wastewater system. The addition of the ARPA funded sludge dewaterer, which we anticipate to be largely funded in this fiscal year, bring the wastewater plant up to the next level of efficiency and technology. This reinvestment in the Town's core functions ensure reliability, compliance with standards, and financial  iiPage  35    health of the system. The Water Treatment Plan renovation project continues in Changes in the labor market are incredibly challenging right now. With the state and some localities increasing salaries at a pace which has never been seen, "the great resignation" occurring out of the pandemic, and an inflation rate of 7.4% last year, employee retention and development continues to be a key recommendation of this budget. Raises and development plans recommended by this budget do not attempt to bring the Town to the level that may be seen in other localities, but it does attempt to keep US in the marketplace. The budget has a 7.4% salary increase for employees, with a cap of $60,000 on which the raise is applied. Health insurance rates have increased 8%, and combined with the increase in the rate ofinflation, create a definite funding change in this fiscal year. Finally, this budget does include one new employee as a full-time position, converting from a part time position. This employee is the Accreditation assistant, who will spend half time in the Police Department and half time in Town Hall, assisting with grants management and community development initiatives. This budgerrecommends a partially funded Capital Improvement Program cost of$135,800. This expenditure would purchase a new police car, a new truck for the maintenance department, and a small tractor for the maintenance department, as well as aroof for the lab building at the wastewater plant. While there are other expenditures that could be considered, these are the ones that This budget includes three revisions to the Utility Rate and Fee Policy. The changes are all required by State Code. They include a mandated renter deposit if property liens are applied on landowners, a change in the way penalties are applied, and a change in late fees (with 30 and 60 day late terms and no cut-offs before 60 days). While the Code mandates that the rental deposit needs to be between three and six months of a typical bill, staff anticipates allowing this to be paid over the first three months of the account SO that it will not create an undue hardship on new renters in the Town.  this budget and brings that plant up to the latest standard.  keep the Town on track in our core areas for the future.  Adoption Process:  Council has set a public hearing on the budget and the Capital Improvement Program (CIP) for April 13, 2022. The CIP is anticipated to be adopted at the same meeting. The budget may not be adopted at the meeting where it is heard and is slated for  adoption at the Council's May 11, 2022 meeting.  iiPage  36    37    TOWN OF AMHERST  FISCAL YEAR 2022-2023 BUDGET  Town Manager's Budget Message Table of Contents. Budget Ordinance. Schedule of Local Tax Levy... Utility Rate and Fee Policy.. Public Hearing Notice..  10  Proposed Capital Improvement Program..  General Fund Revenue.. Expenditures. Water Fund Revenue.. Expenditures. Sewer Fund Revenue. Expenditures. Garbage Fund Revenue and Expenditures.. Industrial Development Authority Fund Revenue and Expenditures. Policies and Fund Balances Personnel Cost Allocation Plan.. Fund Balances and Contingency Calculations. Debt Balances and Payments. Town Owned Vehicle Information.. Balance Sheet.. Statement of Net Position Fund Balance Analysis.. Pay Plan..  2 3 16 16 19 19 .22 .23 24 .25 .26 .27 .28 .29  .To be Added .To be. Added  1Page 38    39    TOWNOFA AMHERST  FISCAL YEAR 2022-2023BUDGET  AN ORDINANCE TO ESTABLISH THE BUDGET FOR THE TOWN OF AMHERST, VIRGINIA FOR THE FISCAL YEAR BEGINNING. JULY 1,2022 AND: ENDING JUNE 30, 2023 MAKING REVENUE ESTIMATES  AND. APPROPRIATIONS FOR SAME. A. SOURCES OF FUNDS  BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF AMHERST, VIRGINIA:  That for the support of the Town Government and its General Fund, for the tax year beginning on January 1, 2022, all taxes, fees, charges and penalties shall remain as heretofore set out by Ordinance, Resolution or other appropriate action ofthe Town Council except as the Town Council may establish or amend herein. That the following projected sources and use of funds are. hereby approved as the FY23 Town of Amherst  3. FUND ACCOUNTING  budget and approved appropriations for the respective funds.  Estimated Revenues General Fund Water Fund Sewer Fund Garbage Fund IDAI Fund Estimated Expenditures General Fund Water Fund Operations Debt Service and Capital Projects Sewer Fund Operations Debt Service and Reserve Garbage Fund IDAI Fund TAXRATES  $1,478,508 $1,212,616 $1,040,942 $154,128 $34,530 $1,478,508 $1,212,616 $827,784 $384,832 $1,040,942 $655,099 $385,843 $154,128 $34,530  The proposed budget includes a continuation of the real estate tax rate at $0.00/$100.00 of assessed value and the The proposed budget includes a continuation of the meals and beverage tax included in the Town Code The annual vehicle license fee forj passenger motor vehicles, trucks and motorcycles shall be $25/year  personal property tax rate at $0.00/$100.00 ofa assessed value.  at 6%.  for cars, 11.00/year for motorcycles and 8.00 for trailers  The rate for Business and Professional Occupational License' Taxes shall be set at:  Contractors: $0.16 per $100 of gross receipts Retailers: $0.10 per $100 of gross receipts Wholesalers: $0.04 per $100 of gross receipts  Financial, Real Estate and/or Professional Services: $0.50 per $100 of gross receipts Repair, Personal, Business and other services: $0.31 per $100 of gross receipts The rate for Itinerant Merchants and Peddlers shall bes set at $20/year for door to door peddlers, $200/month fori itinerant merchants ($500/yr max) and peddler of fresh produce $50/year  40 2Page    TOWNOFA AMHERST  FISCAL YEAR 2022-2023BUDGET  D. UTILITY RATES AND CHARGES  See attached Utility Rate and Feel Policy for rates related to water and sewer. The FY 23 budget holds all  water and sewer: rates and fees at the same level since fiscal year 2018.  E. DONATIONS  That donations to the following organizations are hereby authorized for the purposes listed subject to the conditions noted. These funds are to be disbursed on a reimbursement basis upon delivery of appropriate  receipts: Amount $12,500 $3000 $2500 $2500 $20.500  Organization Amherst Fire Department Village Garden Club Amherst County Museum and Historical Society Neighbors Helping Neighbors Total Donations  urpose/Condmions Operating Costs, including water, sewer, electric, training, equipment. Civic Beautification Utilities, Programming and repairs to the Museum building. Supplies for Food Bank  . FUND BALANCE REQUIRMENTS  The Town of Amherst maintains a Fund Balance Policy to ensure that the Town has adequate funds to address emergency situations and ensure the Town's credit worthiness. Required balances for the FY21  fiscal year are as follows: General Fund Permanent Fund General Fund Contingency Water Fund Permanent Fund Sewer Fund Permanent Fund Garbage Fund Permanent Fund  $ $ $ $ $  369,627 44,355 591,778 549,618 38,532  G. PERSONNEL  To maintain the work that has been done to keep salaries fair and competitive, the budget includes a Cost-of- Living increase for all employees of7.4%, with a cap of $60,000 applied amount. This cap means that any employee earning over $60,000 receives the same raise based upon a salary amount of $60,000, rather than theirt total salary. The 7.4% is consistent with the consumer price index change in the 2021 calendar year. Additionally, employees may receive raises during the year commensurate with their completion of career Health: insurance costs went up by approximately 8% andj plan choices remain thes same this year froml last year. The intent being to authorize spending according to this budget, all appropriations articulated: herein are declared  development goals. H. CONDITIONS  41 3Page    TOWN OF AMHERST  FISCAL YEAR 2022-2023 BUDGET  tol ber maximum and conditional such that outlay shall be made only int the event the aggregate revenues collected and other resources available to the' Town int the respective fundsares sufficient. All debtsofthe Town shalll be paid inf full when dueand payable. All expenditures shall bei madei in accordance with the Ordinance, the" Town Charter, This Ordinance was, passed by a vote oft the Amherst Town Council on the 11"ofA May, 2022 and reflects the  Town Code and Purchasing Policy and administrative rules andj procedures.  complete budget forJuly 1, 2022 toJune. 30, 2023.  Mayor  Attest: Clerk of Council  42 4Page    TOWNOFA AMHERST  FISCAL YEAR 2022-2023E BUDGET  Town of Amherst Schedule of Local Levy July 1,2 2021  The following are tax levies for the fiscal year beginning July 1, 2022. The Town Code contains other  tax levies and a more complete description of the Town's taxation program.  1. On the $100.00 of assessed value of taxable real estate, including mobile homes, the rate shall  be $0.00.  2. Ont the $100.00 of assessed value of machinery and tools usedi in manufacturing or mining business including property specifically classified by Section 58.1-3506A.6 of the Tax Code of Virginia, the rate shall be $0.00. This taxi rate shall also be applicable to real and tangible personal property of public service corporations, based upon the assessments generated  annually by the State Corporation Commission, and duly certified.  3. On the $100.00 of assessed value of taxable tangible personal property, including property specifically classified by Section 58.1-3506 and Section 58.1-3509 of the Code of Virginia, the  rate shall be $0.00.  (Reference the provisions of VAC CODE. ANN.. $58. 1-3524 C.2. and $58.1-3913 E., as amended by Chapter 1 of the Acts of Assembly (2004 Special Session I) and as set forth in Item 503.E. (Personal  Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly)  43 5Page    TOWNOFA AMHERST  FISCAL YEAR 2022-2023BUDGET  Town of Amherst Utility Rate and Fee Policy  FY22/23  Initiation or Termination of Service:  Requests to initiate or terminate Town water, sewer and/or refuse collection (utility) service are accepted at the Town Hall (434/946-7885) 9-5, M-F for processing by the Utilities Department. All new customers and changes to the party to be billed are required to show proper identification and will be charged a $50.00: account set-up feel reconnection fee/trip charge that will be added to the customer's first bill.  Residential Customers: upon metered water usage. Rate Component Water: Effective. July 1,2017 Sewer:  All active customers shall be charged one Residential Base Charge each month for each individual residential unit, as designated consistent with building and zoning practices. Customers are charged for water and sewer usage based  InTown Charge $15.60  Inl Town Use gallons $7.75 $6.85  OutofTown Charge $31.20 $54.70 $10.60  Out ofTown 1,000 gallons $15.50 $13.70  Residential Base Charge per 1,000 Residential Base Use Charge per  Effective. July 1,2017 $27.35 Curbside Refuse Collection: Effective. July 1,2016 $10.60 Nonresidential Customers:  Base charges for non-residential water and sewer users willl be computed by dividing metered use by 3,250 gallons and then multiplying by the applicable residential base charge. This applies to all non- residential users except for churches that shall be assessed on the same basis as residences. The applicableresidential charge shall be assessed for  each residential unit for Curbside Refuse Collection.  Deposits  Al lessee or tenant of aj property shall pay a security deposit of $300 to the Town as a condition precedent to turning on water or sewer services int the name of the lessee or tenant for that property. This may be paid at ai rate ofs $100/month, added to the monthly utility bill. Interest will not be paid on deposit refunds. Deposits will be credited to the tenant's final bill after the Town is notified that the tenant will no longer be living at a particular residence. Any remaining credit balance left on a closed account will be mailed to the account holder, within two (2) months from when the account was closed, in the form ofa check. Refund checks will only be made to the account holder.  Curbside Refuse Collection: provided to non-water customers. Fire Sprinkler Fees Fire sprinkler fees are: as follows:  Alli in-town water customers shall: receive curbside refuse collection service and refuse collection serviceswill not be  4" Line 6"Line 8"I Line 10"I Line  $17.00/Month $28.00/Month $39.00/Month $50.00/Month  Charges for Water Not Discharged to Sewer:  The Town charges for sewer based on 100% return of the water to the sewer system for those Town watercustomers that  44 6Page    TOWNOFA AMHERST  FISCAL YEAR 2022-2023 BUDGET  are connected to the Town of Amherst wastewater collection and system. However, any customer may request that the Town install a separate "irrigation" meter for water that does noti return to the sewer system - i.e. for lawn sprinkling or irrigation. For thej purposes ofbilling, thei irrigation meter shall be considered a separate account. Separate application and connection fees are required to be paid, and once activated the water-only (no sewer or refuse collection fees apply) willl bel billed separately. All irrigation systems must meet the provisions ofthe Cross Connection Control Ordinance  ($17-14 ofthe Town Code). Dormant Account Fees:  Ad dormant account fee orss.0Omontreidence or business for water and 10,00montp'residence or business for sewer will be charged to every property owner that is connected to the respective utility, has used the service in the past, but not actively using the respective service. Dormant account fees shall not be applied to accounts associated Ar reconnection fee/trip charge of $50 will be charged for any activation or reactivation of utility service due to a request for new: service, reactivation from disconnection due to nonpayment or a customer- requested discomecioncomacion This fee may be waived at the Office Manager's sole discretiondue to emergency or  only with yard hydrants, irrigation systems or swimming pools.  Reconnection Fee:  irregular situations. Billing:  Water meters are read every month and bills are calculated based upon the consumption recorded. All customers are billed every month. Bills are assigned al billing date which is normally the last day of the month during which the meteri is read and then mailed to the customer. Payment is due by 5:001 P.M. on the 20th day ofe each month except when the 20th falls on a weekend or Town holiday the due date shall become 5:001 P.M. on the next business day. When aj past due account is in delinquency status for more than three months, al lien for the balance due plus any court recording fees will be recorded against the real estate. Property owners are. held responsible for utility bills against  their properties. Adjustments for Leaks:  Ap property owner is responsible for paying for 100% oft the water that has passed through the Town's water meter along with the associated sewer charges. However, in good-faith situations involving water that has leaked from the customer's plumbing, and upon confirmation by the owner that the leak is repaired so that it will not recur, the Office Manageri is authorized to give a 50% credit for the excess water and sewer at the time of confirmation and for no more than thet two preceding bills, ifapplicable. The Office Manager is authorized to give a 100% credit on sewer charges if the leak occurred between the meter and thel house with the assumption that the water leaking from the plumbing was not being returned into the Town's 's sewers system. "Repaired" is defined as physical repairs to the owner's plumbing such as pipe patching, replacement of the flapper mechanism in a toilet tank, or physical replacement or removal ofa plumbing fixture. For the purposes oft this leak adjustment policy, merely closing a valve upstream of the leak location The Town will assess a late charge penalty of 10%, which shall be assessed once for each new delinquent amount charged when the payment is not received by 5:00. P.M. on the due date. Delinquent charges shall also be assessed interest at 10% per annum (0.833% per month) until paid. All payments received after 5:00 P.M. are processed as the next business day's receipts. Ifa customer receives al bill with aj previous balance showing 60 days past due, that 60 days past due balance must be received by 5:001 P.M. on the 2nd Monday oft the month following receipt oft that bill. Ift the 60 day previous balance is not received by that time, customer will be put on the Town's disconnect list for the following morning. The cut off time refers to online payments and drop box payments as well as inj person payments. Ifyou make your payment at 5:05p.m. online on the cutoff date you will be added  shall not be considered ai repair.  Late Payment Charges and Disconnect Procedures:  to the disconnection list per this policy. Restoration of Service:  Ifa customer has not paid the 60 day past due balance on an account by the disconnection date or otherwise made arrangements satisfactory to the Office Manager tol have thel balance paid, the water service willl be terminated.  45 7IPage    TOWNOFA AMHERST  FISCAL YEAR 2022-2023 BUDGET  Before any service is restored, all past due amounts, including the $50.00 reconnection fee/tripcharge, must be physically received by the Office Manager at 174 South Main Street int the Town of Amherst. Funds will not be accepted from customers at the service location. The $50.00 reconnection fee/trip charge will also be charged where a customer, or any entity other than the Town, has obtained water and/or sewer service prior to all applicable fees and/or charges being paid to obtain service and/or has installed ai meter or other apparatus in ai meter setting to gain Inr recognition that circumstances beyond the control oft the customer or the Town of Amherst may contribute to late payments, a once per lifetime per customer exception to the penalty and reconnect fee may be granted for good reason at  access to public water/sewer.  the Office Manager's sole discretion. Returned Payments:  Any payments not honored by the bank, whether check, or credit card payment, will be charged a $50.00 handling fee and any bank fees (see Va. Code $ 15.2-106). Service shall automatically be disconnected when aj payment toj pay to prevent service from being disconnected or to reconnect a service is returned or charged back to the Town for any reason. Ift the returned payment was paid to prevent termination of services, then thej past due balance, the returned payment handling fee and ai reconnection fee/trip charge shall be collected prior to servicel being restored via cash, money order or certified check. Once the Town has received a returned payment on an account more than one time, the' Town will not accept any forms of payment other than cash or certified funds for aj period of six (6) months for Any payments received by 5:001 P.M. on each business day will be credited the same day. Any payments received after 5:00 P.M. (including those received via U.S. Mail and the Town's drop box) will becredited as being  that account.  received the next business day. Payment Arrangements:  The Office Manager is authorized to enter into aj payment contract ifa customer cannot pay his previous balancei in full. Each customer account is only allowed one (1)payment arrangement per calendar year. There is a standard "agreement" form that is available at the Town office and must be signed by thej person on the account. The Office Manager may make arrangements that deviate from the standard policy onlyi in extreme situations.  Fire Hydrant Use:  Water may not be obtained from the Town of Amherst hydrants except by the Amherst Volunteer Fire Department or other approved firefighting agency. The Office Manager (434/946-7885) should be contacted fort the application form As required by the Virginia Department of Health, where al high potential exists for contamination of the Town's municipal water system, al backflow prevention device approved by the Town of Amherst must beinstalled. This includes irrigation systems. Where required, the owner of thel backflow prevention device must have annual tests performed to certify that the device is working correctly. Failure to install and operate such devices and/or provide certification or the test results to the Town of Amherst may result int thei interruption ofwater service. (See Town  for aj permit to haul water from the Town of Amherst water plant.  Cross Connections:  Code 22-53, 22-54)  Sewer Connections and Discharges:  Connections to and discharges into the Town's sewer system must conform tol local, state, and federal sewage pretreatment regulations. This includes the installation of grease traps for restaurants and grittraps for car washes. Failure to meet such provisions may result in the interruption of sewer service via disconnection oft the water service  or other means. (See Town Code $ 22-157.) Availability and Connection Fees: Availability Fees:  The' Town does not charge availability fees where:  46 8/Page    TOWNOFA AMHERST  FISCAL YEAR 2022-2023BUDGET  there is programmed capacity in the system to serve thej proposed connection and use, the owner bears the cost ofa any line extensions that are required to make the connection. Ifadditional system capacity is required, the applicant will pay an availability feel based upon the cost ofthe  that connection will not hinder service to other properties, and  improvement required.  Connection Fees: The connection fee shalll be $250: for water and $250: for sewer.  Maintenance of Policyand] Implementation  The Town Manager shall be responsible for maintaining and updating this policy and for its proper administration. The' Town Manager shall have the authority to deviate from strict enforcement for good cause.  47 9Page    TOWNOFA AMHERST  FISCAL YEAR 2022-2023BUDGET  PUBLIC HEARING NOTICE  The Town of Amherst Town Council will hold a public hearing at 7:00 PM on April 13, 2022 in the Council Chambers of the Town Hall at 174 South Main Street, Amherst, VA, on the following matters:  Capital Improvement Program  Toreceive comments on the Town's 2022- -2 2023 Capital Improvement Program that identifies acquisition, construction and Ad document containing the complete Capital Improvement Program proposal and supporting documentation is available This budget synopsis is prepared and published fori informative planning purposes only. The inclusion of any item does not constitute an obligation or commitment on the part of the Town Council to appropriate funds for that purpose. There is no allocation or designation of Town of Amherst funds for any purpose until an appropriation for that purpose has first been  improvement oft town facilities, and acquisition of capital equipment.  online at www.amherslva.gov and for inspection in the Town Hall during normal working hours.  Fiscal Year 2022/2023 Town of Amherst Budget  made by the Town Council. Estimated Revenues General Fund Water Fund Sewer Fund Garbage Fund IDA Fund Estimated Expenditures General Fund Water Fund Operations Debt Service and Capital Projects Sewer Fund Operations Debt Service and Reserve Garbage Fund IDA Fund  $1,478,508 $1,212,616 $1,040,942 $154,128 $34,530 $1,478,508 $1,212,616 $827,784 $384,832 $1,040,942 $655,099 $385,843 $154,128 $34,530  The proposed budget maintains the previously adopted tax and utility rates and levies. online at wwwamhersiva.oy and for inspection in the Town Hall during normal working hours.  Adocument containing the complete budget proposal, implementing Ordinance and supporting documentation is available  48 10Page    TOWNOFA AMHERST  FISCAL YEAR 2022-2023BUDGET  Town of Amherst  Capital Improvement Program FY 22-23  Recommended by the Planning Commission for consideration by the Town Council  CIP Planning Total Evaluation Ranking 13 13 11 18 19 14 19 13 22 19  Recommended General Fund General Fund AllFunds AIIF Funds Allf funds AIIF Funds AIIF Funds General Fund WWF Fund ww Fund Grant and Water Grant and Water Granta andy Water Granta and Water 420,416.00Grant: and Water Granta andy Water  Project Description & Ranking Committee Commission Estimated Cost 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 Sources ofF Funds  Police Police Tahoe SUV-New Police Interceptor- SUV Community Development Maintenance New Truck MiniE Excavator UTV-Side by Side (shared) Addition toN Maintenance: Shop Backhoe Tractor w/ bucketr mower8 &backhoe Plants WWTP SCADA Roof Replacement-lab Water Line Replacements Replace Author Court W/L Sunset Drive Replacement Waugh's Ferry Road Replacement Walnut Street Replacement Union HillF Replacement Zane Snead Replacement  47,000.00 47,000.00 46,845.00 45,000.00 45,000.00 80,000.00 16,500.00 16,500.00 100,000.00 120,000.00 37,000.00 37,000.00 160,590.00 $ 160,590.00 6,800.00 6,800.00 200,000.00 1,019,260.00 1,406,595.00 136,888.00 420,416.00 294,400.00  47000  46,845.00 46,845.00 80,000.00 100,000.00 120,000.00  200,000.00  1,019,260.00 1,406,595.00  136,888.00 294,400.00  TOTAL 4,137,294.00 312,890.00 546,845.00 2,472,700.00 478,288.00 420,416.00  49 11/Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  GENERAL FUND  FY1 19E Budget FY20B Budget FY21 BUDGET FY22 BUDGET  FY23 BUDGET FY23TM FY23F Recommended  FY21 Amended Total  Account Name  Account Code FY19 Approved FY20A Approved  FY22A Approved Recommended  lessFY22 Adopted-Difference  GENERALI FUND REVENUES  Real Property" Taxes-Current Real Property Taxes-Delinquent Personal Property" Tax-Current Personal Property Tax-Delinquent Penalties on Del Taxes Interest on Del Taxes Local Sales & Use Tax Consumer UtilityTax-Gas, Elec Electric Consumption Tax Business License Tax Business Lic Tax-Interest & Pen Motor Vehicle Licenses Motor Vehiclel Licenses Penatlies/Interest Bank Stock Fee Cigarette Tax Lodging Tax Meals Tax Meals Tax-Pen & Int. Zoning Permits Fines & Forfeitures Interest on Bank Deposits Interest on Investments VIP Unrealized Gain/Loss Tower Lease Rent-Firing Range Police Security Refunds Credit Card Transaction Fee Returned Check Fee Accident Reports Misc Rev Collection Fee Donations-Police DMV Stop Fees Rolling Stock Tax Personal Property" Tax Relief Rental Tax Game of Skills Tax Communication Taxi from State DCJS Grants State Police Aid Fire Programs Grant CARES Act Funding Insurance Claims Sale oflandVehicesyPuldings Carryover from previous year for budget balance Transfers from Other Funds Reserve Funds General Fund Revenues Totals  11010-0001 11010-0002 11030-0001 11030-0002 11060-0001 11060-0002 12010-0001 12020-0001 12020-0002 12030-0006 12030-0007 12050-0001 12050-0002 12060-0001 12080-0001 12100-0001 12110-0001 12110-0002 13030-0007 14010-0001 15010-0001 15010-0002 15010-0003 15020-0005 15020-0006 16030-0001 18030-0001 18030-0004 18030-0005 18030-0006 18030-0007 18030-0008 18990-0003 19020-0005 22010-0007 22010-0009 22010-0010 22010-0030 24010-0001 24010-0003 24020-0001 33020-0002 41010-0001 41020-0001 41050-0006 42000-0000  100,000.00 26,000.00 18,000.00 120,000.00 2,300.00 42,000.00 4,000.00 75,000.00 7,900.00 495,000.00 1,000.00 15,000.00 5,000.00 18,000.00 9,400.00 1,800.00 3,000.00 400.00 500.00 1,000.00 1,200.00 2,500.00 17,455.00 2,000.00 96,000.00 54,588.00 10,000.00  105,000.00 127,000.00 120,000.00 144,000.00  24,000.00 1,200.00 15,000.00 1,500.00 200.00 7,500.00 3,600.00 145,000.00  26,000.00 19,000.00 125,000.00 3,200.00 42,500.00 400.00 58,000.00 8,500.00  25,500.00 24,000.00 19,000.00 18,000.00 80,500.00 100,000.00 115,000.00 1,800.00 40,000.00 400.00 60,000.00 8,700.00 600.00 600.00 4,400.00 6,000.00 20,000.00 43,200.00 0.00 9,400.00 0.00 0.00 0.00 50.00 250.00 150.00 1,000.00 1,000.00 0.00 1,200.00 2,400.00 17,455.00 17,455.00 2,000.00 85,000.00 78,000.00 0.00 56,608.00 15,000.00 15,000.00 260,668.97 0.00 0.00 0.00 0.00  25,200.00 18,000.00 2,500.00 40,000.00 300.00 70,000.00 30,000.00 12,000.00 600.00 6,000.00 3,000.00 12,000.00 -1.00 9,403.56  1,000.00 40,000.00 100.00 62,500.00 8,400.00 600.00 6,000.00 6,000.00 9,403.56  500,000.00 456,000.00 480,000.00 625,000.00  18,000.00 5,250.00 25,000.00 9,400.00 1,000.00 250.00 200.00 150.00 1,000.00 300.00 2,500.00 17,455.00 2,000.00 90,000.00 54,588.00 10,000.00  (3,000.00) (31,200.00) (1.00)  100.00 200.00 3,000.00 200.00 500.00 2,400.00 2,400.00  150.00 200.00 2,200.00 500.00 2,390.00 17,455.00 2,400.00 78,000.00 58,820.00 15,000.00  50.00 (800.00) (200.00) (10.00)  56,608.00  2,212.00  9,350.24 120,751.77 107,547.19 188,390.21  80,843.02  1,129,043.00 1,134,043.24 1,423,433.74 1,202,613.75 1,478,507.77 245,894.02  50 12/Page    TOWNOF AMHERST Account Name  FISCAL YEAR 2022-2023 BUDGET  FY1 19E Budget FY20E Budget FY21 BUDGET FY22 BUDGET  FY23 BUDGET FY23TM FY23F Recommended less FY22 Adopted-Difference,  FY21 Amended Total  Account Code FY19 Approved FY2 20A Approved  FY22A Approved  GENERAL FUND EXPENSES TOWN COUNCIL 11,400.00 11,400.00 872.10 872.10 2,500.00 2,000.00 2,000.00 14,272.10 16,772.10 TOWN MANAGER 24,759.00 25,632.99 32,827.09 35,982.75 4,405.34 4,560.60 3,825.03 4,107.52 2,462.40 2,462.40 306.66 329.31 178.26 151.23 50.00 25.00 146.01 137.42 800.00 2,500.00 3,000.00 2,000.00 98,021.65 33,871.00 200.00 200.00 540.00 540.00 2,329.00 2,481.00 4,150.00 4,150.00 3,600.00 4,829.00 33,534.00 40,000.00 30,000.00 16,000.00 20,000.00 FINANCE DEPARTMENT 38,781.19 40,149.35 9,612.97 10,019.49 3,702.15 3,837.92 6,336.85 6,433.67 6,657.60 6,657.60 508.03 515.80 50.00 50.00 141.27 146.54 1,500.00 1,500.00 2,800.00 3,000.00 1,500.00 3,215.00 3,215.00 3,000.00 3,000.00 1,080.00 1,080.00 1,850.00 1,850.00 210.00 210.00 3,500.00 4,000.00 83,145.06 86,965.37 51 13IPage  Wages FICA MIPAetsCatermg Employee Recognition Town Council Totals Wages PT Wages FICA VRS Health Insurance Group Life Insurance STD/Long-Term Disability Unemployment Insurance Worker's Comp Professional Svcs Printing & Binding Advertising Contingency requirement CARES Act Expenses Postage Telecommunications Crime & Cyber Insurance MipAot/Coaterme Dues & Memberships Capital Improvement Program Town Manager Totals Town Attorney Independent Auditor Wages PT Wages FICA VRS Health Insurance Group Life Insurance Unemployemnt Insurance Worker's Comp DMV Stops Professional: Svcs Banking Service Charges VIPI Management Fee Service Contracts Advertising Postage Telecommunications Tuition Reimbursement eMIeAe/CmENE Dues & Memberships Office Supplies Finance Totals  11010-1100 11010-2100 11010-5501 11010-5811 12110-1100 12110-1300 12110-2100 12110-2200 12110-2300 12110-2400 12110-2500 12110-2600 12110-2700 12110-3150 12110-3500 12110-3600 12110-5000 12110-5001 12110-5210 12110-5230 12100-5307 12110-5501 12110-5810 12110-8000 12210-3150 12240-3150 12420-1100 12420-1300 12420-2100 12420-2200 12420-2300 12420-2400 12420-2600 12420-2700 12420-3009 12420-3150 12420-3160 12420-3170 12420-3320 12420-3600 12420-5210 12420-5230 12420-5400 12420-5501 12420-5810 12420-6001  11,400.00 11,400.00 11,400.00  872.10 500.00 0.00 12,772.10 13,772.10 26,699.94 27,073.74 28,261.74 35,391.48 35,882.04 4,749.99 5,606.99 2,579.04 357.78 140.98 25.00 133.93 2,500.00 0.00 2,000.00 44,855.66 0.00 200.00 540.00 2,481.00 800.00 1,500.00  872.10 1,500.00  872.10 1,500.00 13,772.10 60,481.52 6,788.86 9,649.13 7,900.20 672.68 380.89 41.45 147.83 3,000.00 1,000.00 44,455.00 200.00 540.00 2,956.00 2,000.00 2,500.00 306,775.30 25,000.00 20,000.00 46,280.54 4,750.80 3,903.90 7,835.30 7,489.80 620.16 29.83 130.19 1,200.00 2,800.00 840.00 3,500.00 4,250.00 200.00 3,000.00 1,080.00 5,000.00 1,000.00 210.00 4,000.00 98,120.51  1,188.00 24,599.48 1,972.74 3,963.64 5,347.08 309.89 237.94 16.45 3.72 3,000.00 8,376.88  4,816.12 5,685.49 2,553.12 362.79 142.95 25.00 144.11 1,000.00 36,078.12 200.00 540.00 2,956.00 2,000.00 3,600.00  (1,100.00) 82,955.00 130,870.82 5,000.00 3,654.19 328.23 304.66 1,015.08 586.92 48.97 (15.17) 9.81 200.00 640.00 (500.00) 1,000.00  0.00 52,845.00 135,800.00  181,600.44 157,494.22 130,561.79 175,904.48  35,000.00 20,000.00 17,000.00 20,000.00 42,037.82 42,626.35 3,264.07 3,465.60 6,726.05 6,972.96 563.31 45.00 105.48 1,500.00 2,800.00 1,500.00 5,000.00 3,500.00 200.00 5,000.00 1,080.00 500.00 500.00 3,500.00 88,260.29 85,337.83  4,422.57 3,599.24 6,820.22 6,902.88 571.19 45.00 120.37 1,000.00 2,800.00 200.00 4,000.00 4,250.00 200.00 2,000.00 1,080.00 1,000.00 200.00 3,500.00  10.00 500.00 7,782.68    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  FY1 19Budget FY 20 Budget FY21 BUDGET FY22BUDGET  FY23BUDGET FY23TM FY23 Recommended Recommended 9,000.00 500.00 1,000.00 6,480.00 3,000.00 1,000.00 20,980.00  FY21 Amended Total 8,000.00 1,000.00 1,000.00 8,580.00 1,000.00 37,000.00 56,580.00  Account Name  Account Code FY19 Approved FY2 20 Approved  FY22A Approved 13,880.00 500.00 1,000.00 6,300.00 3,000.00 1,000.00 25,680.00  lessFY22 Adopted-Difference (4,880.00) 180.00 (4,700.00) 49,244.09 34,808.40 2,525.72 4,765.43 15,124.54 8,346.00 867.29 151.64 3,009.85 (2,500.00) 2,700.00 100.00 60.00 (8,000.00) (6,000.00) 1,000.00 (1,000.00) 1,000.00 18,000.00 (1,000.00) (1,000.00) 1,500.00  Information Technology  LT.Services Phone Maintenance Website Maintenance Microsoft Office Service LT. Supplies T.Equipment L.T. Totals Wages Overtime PTV Wages Other Pay/Holiday Security Wages FICA VRS Health Insurance Group Life Insurance Unemployment Insurance Worker's Comp LODA Insurance Repair & Maint. Svcs CODE RED Advertising Postage Telecommunications Motor Vehicle Insurance Other Property Insurance Tuition Reimbursement Public Safety Event Fire Range Fees Attorney Fees Dues & Memberships Office Supplies Fuel Police Supplies Uniforms Crime Prevention Investigation Expense Grant Expenses Vehicles Police Department Fire Dept Contributions Fire Programs Grants Rescue Contributions Public Safety Streetlights  12510-3150 12510-3330 12510-3340 12510-5600 12510-6002 12510-8001 31100-1100 31100-1200 31100-1300 31100-1400 31100-1500 31100-2100 31100-2200 31100-2300 31100-2400 31100-2600 31100-2700 31100-2710 31100-3310 31100-3400 31100-3600 31100-5210 31100-5230 31100-5305 31100-5306 31100-5400 31100-5700 31100-5800 31100-5801 31100-5810 31100-6001 31100-6008 31100-6010 31100-6011 31100-6030 31100-6032 31100-6040 31100-8005 32200-5600 32200-5701 32300-5600 41320-5100  10,000.00 1,200.00 500.00 5,760.00 2,000.00 2,000.00 21,460.00  8,000.00 1,000.00 1,000.00 7,620.00 2,000.00 2,000.00 21,620.00 POUCEDEPARTMENT 308,087.94 309,138.55 7,614.67 9,659.07 1,800.00 25,027.87 50,341.57 57,936.00 4,035.95 75.00 10,879.06 2,787.00 9,000.00 2,500.00 500.00 500.00 6,000.00 3,180.14 479.90 2,000.00 3,000.00 2,955.00 5,000.00 1,500.00 15,000.00 9,000.00 6,000.00 5,000.00 4,000.00 1,000.00  325,905.98 330,468.67 379,712.76 3,500.00 31,167.43 37,351.27 14,021.69 0.00 30,441.24 29,460.30 34,225.73 52,144.96 52,874.99 58,920.00 4,367.14 70.00 13,309.28 6,725.00 8,500.00 2,500.00 400.00 500.00 11,543.16 11,700.00 3,463.05 548.24 4,000.00 3,000.00 5,000.00 3,000.00 3,000.00 5,000.00 2,500.00 15,000.00 9,000.00 10,936.34 5,000.00 4,000.00 2,000.00 0.00 0.00  3,500.00 7,614.67 10,500.00 1,800.00 25,708.97 50,513.24 57,936.00 4,049.72 50.00 10,656.51 5,849.00 9,000.00 2,500.00 500.00 500.00 6,600.00 3,530.39 509.22 4,000.00 3,000.00 2,955.00 5,000.00 2,500.00 15,000.00 9,000.00 9,000.00 5,000.00 4,000.00 2,000.00  3,500.00 12,826.59  3,500.00 47,634.99 16,547.41 67,999.53 66,690.00 5,295.57 221.64 17,484.23 6,125.00 6,000.00 2,700.00 500.00 500.00 11,760.00 3,722.96 545.42 0.00 4,000.00 6,000.00 3,000.00 2,000.00 5,500.00 3,000.00 15,000.00 9,000.00 28,000.00 4,000.00 4,000.00 2,500.00 0.00  58,344.00 4,428.28 70.00 14,474.39 6,125.00 8,500.00 0.00 400.00 500.00 3,722.96 545.42 8,000.00 10,000.00 5,000.00 3,000.00 3,000.00 5,500.00 2,000.00 15,000.00 9,000.00 10,000.00 5,000.00 5,000.00 1,000.00  Travel-Mileage/Conference/Hote! 31100-5501  Vehicle/Power Equipment Supplies 31100-6009  554,859.17 571,911.27 662,793.09 633,462.29 757,165.25 123,702.96  PUBLICSAFETY 12,250.00 10,000.00 22,250.00 25,500.00 52 14IPage  10,000.00 10,000.00 10,500.00 30,500.00 26,225.00  20,000.00 12,250.00 15,000.00 15,000.00 0.00 35,000.00 27,250.00 25,995.15 26,000.00  12,500.00 15,000.00 27,500.00 26,000.00  250.00 250.00    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  FY 19Budget FY20B Budget FY21 BUDGET FY22BUDGET  FY23BUDGET FY23TM FY23 Recommended  FY21 Amended  Account Name  Account Code FY19 Approved FY 20 Approved Total  FY22A Approved Recommended  less FY22 Adopted-Difference 1,509.28 995.25 23.57 193.40 445.20 361.80 20.22 (13.80) 13.54 (1,500.00) 429.09 (520.00)  GENERAL PROPERTIES 18,266.10 12,735.78 279.52 2,366.03 2,927.02 4,104.00 234.66 75.00 183.47 5,000.00 11,460.76 3,200.00 11,000.00 6,792.00 559.15 1,322.09 1,305.70 12,953.00 2,000.00 2,000.00 1,000.00 1,000.00 15,000.00 13,000.00 29,000.00 2,000.00 4,000.00 2,000.00 2,750.00 3,500.00 200.00 2,500.00 Planning/Zoning 500.00 100.00 1,045.00 1,645.00 2,671.00 2,500.00 5,171.00  Wages PTV Wages Other Pay/Holiday FICA VRS Health Insurance Group Life Insurance Long-Term Disability Unemployment Insurance Worker's Comp Maintenance Contracts Electric Heating Services Water/Sewer Telecommunication Property Insurance Motor Vehicle Insurance Other Property Insurance General Liability Insurance Lease of Equipment TaMig/ontemests Dues & Memberships Office Supplies Janitorial Supplies Repair & Maint. Supplies Fuel Uniforms Christmas Decorations Ag Supplies Equipment/Vehides General Properties Totals Second Stage Contri Amherst Mountain Bike Club Village Garden Club Contri. Rotary Club Museum Contributions Professional Services Advertising Postage Dues/Memberships General Properties Totals Chamber of Commerce Contri. Neighbors Helping Neighbors Contri. Community DevelopmentTotals Purchase of Land/Buildings General Fund Expense Total  43200-1100 43200-1300 43200-1400 43200-2100 43200-2200 43200-2300 43200-2400 43200-2500 43200-2600 43200-2700 43200-3310 43200-5100 43200-5110 43200-5120 43200-5230 43200-5304 43200-5305 43200-5306 43200-5308 43200-5410 43200-5501 43200-5810 43200-6001 43200-6005 43200-6007 43200-6008 43200-6011 43200-6012 43200-6013 43200-8005 71300-5600 71500-5600 72100-5600 72150-5600 72200-5600 81100-3100 81100-3600 81100-5210 81100-5810 81600-5600 83500-5600 94000-8000  17,455.57 12,032.02 354.16 2,282.89 2,852.24 4,104.00 228.67 75.00 201.72 5,000.00 2,800.00 3,200.00 13,595.00 6,720.00 548.98 1,259.63 1,116.34 12,510.00 2,000.00 2,000.00 1,000.00 2,000.00 5,000.00 12,000.00 29,000.00 2,000.00 4,000.00 2,000.00 2,500.00 2,500.00 2,500.00 1,000.00 100.00 1,045.00 2,145.00 Community Development 2,500.00 1,500.00 4,000.00  20,114.07 20,395.67 13,263.68 13,447.46 314.17 2,577.43 3,218.25 5,906.40 269.53 0.00 60.00 173.48 5,000.00 8,531.62 5,000.00 5,000.00 10,774.92 11,120.00 664.98 1,371.69 1,307.21 13,734.00 2,000.00 1,000.00 0.00 750.00 2,000.00 21,500.00 21,500.00 21,500.00 13,000.00 15,000.00 25,000.00 2,000.00 6,200.00 2,000.00 16,200.00 2,750.00 0.00 3,000.00 0.00 2,900.00 0.00 200.00 75.00 0.00 275.00 0.00 2,500.00 2,500.00 0.00  21,904.95 14,442.71 342.14 2,806.77 3,708.51 6,225.00 293.53 46.20 196.74 8,000.00 3,500.00 3,400.00 10,600.00 563.21 1,474.64 1,307.21 14,783.00 7,000.00 1,000.00 750.00 3,000.00 15,000.00 24,000.00 2,500.00 3,500.00 2,000.00 0.00 3,000.00 2,500.00 200.00 75.00 1,075.00 1,350.00 0.00 2,500.00 2,500.00  318.56 2,613.37 3,263.31 5,863.20 273.30 0.00 60.00 183.20 0.00 8,000.00 5,000.00 2,970.92 563.21 1,474.64 1,307.21 14,783.00 2,000.00 1,000.00 750.00 3,000.00 24,000.00 3,000.00 2,000.00 2,000.00  5,000.00  Vehicle/Power Equipment Supplies 43200-6009  (500.00) 1,500.00 7,957.56  147,336.22 165,764.28 188,931.43 165,887.06 173,844.61  3,000.00 2,500.00 200.00 75.00 1,045.00 1,320.00 2500 2,500.00  30.00 30.00 0.00 270,894.02  1,129,042.99 1,134,043.24 1,435,856.60 1,202,613.75 1,478,507.77  53 15IPage    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  WATER FUND  FY19 Budget FY20B Budget FY21 Budget FY22Budget  FY23 Budget FY23 FY23 Recommended less FY22 8,799.60 (25,215.65) (16,839.01) (37,881.07) 2,000.00 2,000.00 (194.17) (31.45) 12,136.80  Account Name  Account Code FY19 Approved FY20A Approved FY21 Amended FY22A Approved Town Manager  Recommended Adopted-Difference  WATER FUNDF REVENUE  Water In-Town Base Charges Water OT Base Charges Water In-Town Usage Charge Water OT Usage Charges Penalties Trip Charges Dormant Acct Fee Fire Sprinklers Avalability Fee Water Charges-SBC Reimbursement of Const. Cost Grant Revenue Transfer from Reserve Transfer from Other Fund Revenue Totatls Wages PT Wages FICA VRS Health Insurance Group Life Insurance STD/Long-Term Disability Unemployment Insurance Contingency Town Manager Totals Wages PT Wages FICA VRS Health Insurance Group Life Insurance Unemployment Insurance Professional Services Banking Service Charges Support Contracts Misc Exp Postage Supplies  16080-0005 16080-0006 16080-0007 16080-0008 16080-0009 16080-0010 16080-0011 16080-0012 16080-0013 16080-0014 19020-0004 21000-0000 33020-0002 41040-0006  283,770.38 192,915.17 417,806.34 317,304.69 16,000.00 11,000.00 9,110.00 4,968.00 113,653.44  283,723.58 256,895.26 245,907.94 254,707.54 192,852.77 166,864.32 175,554.62 150,338.98 417,806.34 390,330.87 390,858.85 374,019.84 317,304.69 274,956.36 291,729.53 253,848.46 15,000.00 13,100.00 18,000.00 15,000.00 11,000.00 10,000.00  20,000.00 12,000.00 3,662.66 4,749.55  3,716.01 4,968.00  3,582.41 4,968.00  3,856.83 4,781.00  113,653.44 117,838.68 119,488.32 131,625.12  15,409.56 20,396.67  45,172.68 WATERI FUNDE EXPENSES TOWN MANAGER 4,247.84 3,230.03 6,085.21 3,648.00 487.86 224.05  7,663.39  7,663.39  1,366,528.02 1,409,197.51 1,275,342.13 1,260,177.09 1,212,615.54 (47,561.55)  12110-1100 12110-1300 12110-2100 12110-2200 12110-2300 12110-2400 12110-2500 12110-2600 12110-5000 12420-1100 12420-1300 12420-2100 12420-2200 12420-2300 12420-2400 12420-2600 12420-3120 12420-3160 12420-3320 12420-5000 12420-5210 12420-6001  36,680.00 4,103.39 3,119.93 5,666.71 3,648.00 454.30 264.10 25,000.00 34,066.27 20,027.02 4,138.14 5,566.43 6,384.00 446.27 1,000.00 2,625.00  37,974.80 39,555.47 40,109.24  41,869.24 4,817.90 3,571.57 8,792.54 4,104.00 561.05 221.07  1,760.00 332.64 160.09 369.60 321.60 23.58 9.29 (25,000.00)  4,423.94 3,364.42 8,306.65 3,820.80 530.04 208.85  4,485.25 3,411.48 8,422.94 3,782.40 537.46 211.78  25,000.00 40,409.56 25,000.00 35,267.30 37,160.41 37,680.66  78,936.43 $ 80,897.79 $ 100,619.73 85,960.56  63,937.36 $ (22,023.20)  FINANCE DEPARTMENT 20,873.95 4,294.81 5,651.35 6,384.00 453.08 2,000.00 2,625.00  40,718.94 9,501.60 3,841.87 6,893.72 7,182.00 545.63 3,600.00 3,500.00 2,200.00  3,038.29 656.46 282.65 864.81 462.80 40.71 (100.00) (100.00) (210.00)  6,528.15 3,342.17 5,945.67 6,686.40 497.95 1,500.00 2,750.00 2,500.00 7,000.00  8,845.14 3,559.22 6,028.91 6,719.20 504.92 100.00 3,700.00 3,710.00 2,200.00  54 16/Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  FY19 Budget FY20E Budget FY21 Budget FY22 Budget  FY23 Budget FY23 FY23 Recommended less FY22  Account Name  Account Code FY19 Approved FY 20A Approved FY21 Amended FY22A Approved Town Manager  Recommended Adopted-Difference  WATER OPERATIONAL DEPARTMENT  Wages Overtime PT Wages Other/Holiday FICA VRS Health Insurance Group Life Insurance Long-Term Disability Unemployment Insurance Worker's Comp Water Shed Mgmt Testing Services Professional Svcs Repair & Maint. Svcs Advertising Electrical Svcs Water & Sewer Postage Telecommunications Property Insurance Motor Vehicle Insurance Miroee Lease/Rent Equipment Permits Dues & Memberships Office Supplies Lab Supplies Repair & Maint. Supplies Fuel/Oil Vehicle & Equip Supplies Uniforms Chemicals Equipment Operational Totals  44000-1100 44000-1200 44000-1300 44000-1400 44000-2100 44000-2200 44000-2300 44000-2400 44000-2500 44000-2600 44000-2700 44000-3100 44000-3140 44000-3150 44000-3310 44000-3600 44000-5100 44000-5120 44000-5210 44000-5230 44000-5304 44000-5305 44400-5501 44000-5410 44000-5600 44000-5810 44000-6001 44000-6004 44000-6007 44000-6008 44000-6009 44000-6011 44000-6051 44000-8005  123,364.41 13,759.20 3,850.70 10,784.54 20,157.74 18,960.00 1,616.07 269.52 75.00 3,631.73 23,000.00 18,000.00 3,000.00 10,000.00 2,000.00 48,000.00 48,000.00 2,500.00 3,660.00 3,028.50 403.23 4,000.00 2,000.00 5,000.00 12,500.00 25,000.00 2,000.00 5,000.00 1,000.00 40,000.00 25,000.00 479,560.65  127,730.34 5,117.03 11,204.23 20,467.95 22,800.00 1,640.94 224.28 75.00 3,569.05 0.00 12,000.00 3,000.00 10,000.00 2,000.00 32,000.00 2,000.00 3,480.00 3,084.61 423.23 4,000.00 2,000.00 2,500.00 15,000.00 2,000.00 5,000.00 1,500.00  132,034.75 133,883.24 145,735.81  11,852.57 (30,000.00) 1,091.10 537.20 (1,263.71) 3,251.75 2,010.00 158.82 27.64 92.40 (799.84)  30,000.00 5,424.25 1,794.04 199.75 6,174.24 3,200.00 3,883.29 2,000.00 5,040.00 3,106.98 472.06 4,000.00 4,000.00 2,000.00 2,500.00 2,000.00 5,000.00 1,500.00  14,244.90 14,551.28 14,758.57  15,849.66 5,961.45 12,817.34 24,673.07 25,650.00 1,952.86 227.39 92.40 5,374.40 31,000.00 3,200.00 10,000.00 2,000.00 37,000.00 7,500.00 2,000.00 4,500.00 3,106.98 472.06 3,000.00 4,000.00 2,000.00 2,000.00 15,000.00 20,000.00 2,000.00 4,000.00 1,500.00 70,000.00 25,000.00  5,164.90 11,608.95 14,081.05 21,125.56 21,421.32 23,880.00 23,640.00 1,769.27 196.99 40.00 4,820.67 12,500.00 31,000.00 3,200.00 10,000.00 10,000.00 2,000.00 2,000.00 30,678.32 2,000.00 4,320.00 3,668.40 439.11 4,000.00 2,000.00 2,500.00 15,000.00 15,000.00 2,000.00 5,000.00 1,500.00  40,000.00 34,881.99 35,000.00  2,000.00 3,616.71 (540.00) (1,000.00)  (500.00) (5,000.00) (1,000.00) 2,000.00 (13,465.35)  25,000.00 25,000.00 25,000.00 42,000.00 65,000.00 68,000.00 25,000.00 25,000.00 25,000.00 439,061.56 465,880.19 501,078.78 487,613.43  55 17/Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  FY19 Budget FY20B Budget FY21 Budget FY22 Budget  FY23 Budget FY23 FY23 Recommended less FY22  Account Name  Account Code FY19 Approved FY20A Approved FY21 Amended FY22A Approved Town Manager  Recommended Adopted-Difference  WATERI MAINTENANCE DEPARTMENT  Wages PTV Wages Other Pay/Holiday FICA VRS Health Insurance Group Life Insurance Long-Term Disability Unemployment Insurance Worker's Comp Repair & Maint. Svcs Miss Utility Telecommunication Motor Vehicle Insurance Lease of Equipment MI/Cateste 45000-5501 Dues & Memberships Repair & Maint. Supplies Maintenance Totals WTP Improvements 60W w/LPrinciple 60W W/LI Interest Mainstreet W/LF Principle Mainstreet W/LInterest Sterling Debt Refi Prin Sterling Debt Refi Interest Water Plant Upgrades Prin Water Plant Upgrades Interest 95000-9009 Debt Reserve Capital Improvement Program Debt Totals Water Fund Expense Totals  45000-1100 45000-1200 45000-1300 45000-2100 45000-2200 45000-2300 45000-2400 45000-2500 45000-2600 45000-2700 45000-3310 45000-5130 45000-5230 45000-5305 45000-5410 45000-5810 45000-6007 94000-8002 95000-9000 95000-9001 95000-9004 95000-9005 95000-9006 95000-9007 95000-9008 95000-9010  87,277.84 1,941.69 1,770.79 6,960.76 14,261.20 20,520.00 1,143.34 3,496.36 600.00 1,259.63 2,000.00 2,000.00 200.00 20,000.00 163,431.61 13,695.00 15,350.00 70,848.10 52,103.58  91,330.52 100,570.37 101,978.35 109,524.75  7,546.40 48.32 117.87 590.01 2,226.00 17,820.82 101.12 389.01  616.31 1,397.62 7,005.88 14,635.12 20,520.00 21,492.00 1,173.32 3,496.36 600.00 1,322.09 2,000.00 2,000.00 200.00  642.01 1,570.83 7,862.92 16,091.26 16,316.54 1,347.64 6,820.59 600.00 1,371.69 2,000.00 2,000.00 200.00  650.97 1,592.82 7,972.99 5,264.18 1,366.51 7,348.03 800.00 1,474.64 2,000.00 2,000.00 200.00  699.29 1,710.69 8,563.01 18,542.54 23,085.00 1,467.63 7,737.04 800.00 1,474.64 2,000.00 2,000.00 200.00 20,000.00 444.00 16,697.98 10,288.28 78,352.35 14,866.45 98,887.58 28,315.66 44,529.08 92,895.00  20,000.00 20,000.00 20,000.00 166,297.22 182,569.31 168,965.04 197,804.60  28,839.55 444.00 487.98 (2,547.72) 1,732.35 (31,466.50) 3,247.58 (3,249.34) (150,788.34) (182,583.99) (183,853.26)  Debt Payments 14,320.00 67,050.58 55,902.00  14,760.00 16,210.00 68,570.00 76,620.00 54,390.00 46,332.95  14,725.00 14,295.00 12,836.00 89,710.87 109,840.00 95,640.00 37,500.00 41,215.00 31,565.00  149,292.15 150,788.34  233,143.54 570,346.22  366,183.00  645,391.45 452,362.15 429,992.29 384,832.38  1,366,528.04 1,409,197.51 1,275,342.13 1,259,044.72 1,212,615.53  56 18/Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  SEWER FUND  FY19B Budget FY20B Budget FY21 Budget FY22 Budget  FY23 Budget FY23 FY23F Recommended lessFY22 14,375.83 (21,379.96) (12,764.88) (17,402.97) 2,000.00 (164.87) 6,000.00 (100.00) 139,338.26 109,901.41 1,320.00 299.38 123.88 277.20 241.20 17.69 6.97 (18,208.17) (15,921.85) 2,439.51 640.05 235.59 689.44 434.16 32.69 (100.00) (10.00) (10.00) 4,351.44  Account Name  Account Code FY19 Approved FY20A Approved FY21 Amended FY22A Approved Town Manager  Recommended Adopted-Difference  SEWER REVENUE  Sewer In-Town Base Charges 16080-0005 Sewer OT Base Charges Sewer In-Town Usage Charge 16080-0007 Sewer OT Usage Charges Penalties Dormant Acct Fee Avalability Fee SBC-Rut. Creek Operations SBC Sewer Rehab Reimbursement of Const. Cost 19020-0005 Nutrient Credit CARES Act Utility Forgiveness 33020-0002 Transfer from Other Funds Revenue Totals Wages PT Wages FICA VRS Health Insurance Group Life Insurance STD/Long-Term Disability 12110-2500 Unemployment Insurance 12110-2600 Contingency Town Manager Totals Wages PT Wages FICA VRS Health Insurance Group Life Insurance Unemployment Insurance 12420-2600 Banking Service Charges Service Contracts Postage Supplies Finance Totals  391,457.77 176,663.16 284,208.46 143,801.23 12,000.00 5,393.99 42,000.00 1,000.00 1,056,524.61 27,510.00 3,693.05 2,387.03 4,250.03 2,736.00 340.73 198.07 50,000.00 91,114.91 26,920.96 10,013.51 2,825.49 4,398.89 4,924.80 352.66 1,000.00 2,625.00 53,061.31  391,594.52 349,103.04 327,844.37 342,220.20 176,663.16 142,187.52 155,026.20 133,646.24 284,208.46 260,898.74 255,899.08 243,134.20 143,801.23 115,738.56 126,189.06 108,786.08  16080-0006 16080-0008 16080-0009 16080-0011 16080-0012 19020-0003 19020-0004 24040-0003 41040-0006  10,000.00 5,393.99 42,000.00 720.00 1,054,381.36 SEWER EXPENSES TOWN MANAGER 28,481.10 3,823.06 2,503.76 4,563.91 2,736.00 365.89 168.04 67,641.76 FINANCE DEPARTMENT 27,870.26 10,436.97 2,930.50 4,466.03 4,924.80 358.05 2,000.00 2,625.00 55,611.61  7,300.00 18,000.00 4,994.87 5,382.01 42,000.00 42,000.00 13,797.00 400.00 15,409.56 30,253.12  20,000.00 5,217.14 48,000.00 600.00 139,338.26  700.00  982,082.41 931,040.71 1,040,942.12 29,666.60 30,081.93 3,981.54 2,574.08 2,610.08 6,229.99 6,317.21 2,865.60 2,836.80 397.53 156.64  12110-1100 12110-1300 12110-2100 12110-2200 12110-2300 12110-2400 12110-5000  31,401.93 4,336.11 2,733.96 6,594.41 3,078.00 420.79 165.80 48,730.99 32,163.66 9,264.06 3,169.22 5,445.31 5,540.40 430.99 3,700.00 3,700.00 2,200.00 65,613.65  4,036.73  403.10 158.83  25,000.00 40,409.56 18,208.17  86,281.54 64,652.85 29,313.76 29,724.15 6,364.94 8,624.01 2,729.42 2,933.63 4,690.20 5,158.08 5,106.24 392.80 1,500.00 2,750.00 3,710.00 2,500.00 3,710.00 55,399.20 61,262.21  12420-1100 12420-1300 12420-2100 12420-2200 12420-2300 12420-2400 12420-3160 12420-3320 12420-5210 12420-6001  4,755.86 398.30 100.00 2,200.00  57 19Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  FY19E Budget FY20 Budget FY21 Budget FY22 Budget  FY23 Budget FY23 FY23 Recommended less FY22  Account Name  Account Code FY19 Approved FY 20 Approved FY21 Amended FY22A Approved Town Manager  Recommended Adopted-Difference  SEWER OPERATIONAL DEPARTMENT  Wages PTV Wages Other/Holiday FICA VRS Health Insurance Group Life Insurance Long-Term Disability Unemployment Insurance 44000-2600 Worker's Comp Sludge &1 Trash Removal-Rut.Crk 44000-3120 Testing Services Professional Svcs Repair & Maint. Svcs-Rut Crk 44000-3310 Advertising Electrical Svcs-Rut. Crk Water, Sewer -Rut. Crk Postage Telecommunications Property Insurance Motor Vehicle Insurance Lease/Rent Equipment Permits Dues & Memberships Office Supplies Lab Supplies Repair & Maint. Supplies-Rut. Crk 44000-6007 Fuel/Oil Vehicle & Equip Supplies Uniforms Chemicals-RutCrk Equipment-Rut Crk Vehicles Treatment Totals  44000-1100 44000-1300 44000-1400 44000-2100 44000-2200 44000-2300 44000-2400 44000-2500 $ 44000-2700 44000-3140 44000-3150 44000-3600 44000-5100 44000-5120 44000-5210 44000-5230 44000-5304 44000-5305 44000-5410 44000-5600 44000-5810 44000-6001 44000-6004 44000-6008 44000-6009 44000-6011 44000-6051 44000-8001 44000-8005  122,742.21 3,563.47 9,662.38 20,056.08 22,800.00 1,607.92 75.00 2,478.88 2,000.00 25,000.00 3,000.00 15,000.00 1,000.00 45,000.00 10,600.60 2,000.00 240.00 2,500.00 2,880.00 5,475.28 382.72 4,000.00 8,000.00 2,000.00 500.00 4,000.00 25,000.00 2,000.00 5,000.00 1,000.00 7,000.00 356,564.54  113,625.42 125,441.77 127,197.95 138,423.95  11,226.00 502.26 897.21 3,083.50 2,010.00 150.43 22.32 66.00 137.42  3,423.78 8,786.34 18,207.73 22,800.00 1,459.74 199.09 50.00 2,096.49 2,400.00 30,000.00 3,000.00 20,000.00 1,000.00 41,000.00 20,000.00 2,100.00 200.00 2,000.00 3,480.00 5,576.72 401.70 2,000.00 8,000.00 2,000.00 2,500.00 4,000.00 15,000.00 2,000.00 5,000.00 1,500.00 7,000.00  3,779.20 5,051.42 9,885.40 10,117.08 20,070.68 20,351.67 23,880.00 23,640.00 1,680.92 1,704.45 185.59 50.00 2,063.48 2,239.22 2,000.00 2,000.00 35,000.00 38,000.00 3,200.00 3,200.00 20,000.00 15,000.00 1,000.00 35,316.60 35,000.00 12,285.67 6,000.00 1,905.07 2,000.00 200.00 2,000.00 3,660.00 4,080.00 6,632.16 5,617.17 416.77 4,000.00 8,000.00 4,000.00 2,000.00 1,217.86 2,500.00 2,500.00 6,000.00 6,000.00 28,797.00 15,000.00 2,000.00 2,000.00 5,000.00 3,000.00 1,500.00 1,500.00 7,000.00 2,500.00  5,553.68 11,014.29 23,435.17 25,650.00 1,854.88 214.27 66.00 2,376.64 2,000.00 38,000.00 3,200.00 14,000.00 500.00 35,000.00 6,000.00 1,622.92 200.00 250.00 4,260.00 5,617.17 448.05 3,000.00 4,000.00 2,000.00 2,000.00 7,000.00 18,000.00 2,000.00 3,000.00 2,000.00 3,000.00  191.95  (1,000.00)  500.00  Electrical Svcs-Pump Station 44000-5130 Water,Sewer-Pump. Station 44000-5140  (377.08) (250.00) 180.00  200.00 500.00 448.05 4,000.00  sMipsw.Cotee 44000-5501  (1,000.00) 782.14 (500.00) 1,000.00 3,000.00 500.00 500.00 20,930.20  350,807.01 377,450.31 344,756.82 365,687.02  58 20Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  FY19E Budget FY20 Budget FY21 Budget FY22 Budget  FY23 Budget FY23 FY23 Recommended less FY22  Account Name  Account Code FY19 Approved FY 20 Approved FY21 Amended FY22A Approved Town Manager  Recommended Adopted-Difference  SEWER MAINTENANCE DEPARTMENT  Wages PT Wages Other Pay/Holiday FICA VRS Health Insurance Group Life Insurance Long-Term Disability Unemployment Insurance 45000-2600 Worker's Comp Repair & Maint. Services Telecommunication Motor Vehicle Insurance Lease of Equipment Misc Dues & Memberships Repair & Maint. Supplies Fuel Supplies Uniforms Equipment/Vehicles Maintenance Totals WWTP Loan Principle WWTP Loan Interest Sewer Rehab Principle Sewer Rehab Interest Debt Reserve Capital Program Debt Totals  45000-1100 45000-1300 45000-1400 45000-2100 45000-2200 45000-2300 45000-2400 45000-2500 45000-2700 45000-3310 45000-5230 45000-5305 45000-5410 45000-5800 45000-5810 45000-6007 45000-6008 45000-6011 45000-8005 95000-9000 95000-9001 95000-9004 95000-9005 95000-9010  87,277.84 897.86 1,770.79 6,880.91 14,261.20 20,520.00 1,143.34 1,653.40 1,259.63 2,000.00  91,330.52 109,524.75 101,978.35 109,524.75  7,546.40 48.32 117.87 590.01 2,226.00 1,809.00 101.12  616.31 1,397.62 6,880.91 14,635.12 20,520.00 1,173.32 1,653.40 1,322.09 4,000.00  699.29 1,710.69 1,592.82 8,563.01 7,972.99 18,542.54 16,316.54 21,492.00 21,276.00 1,467.63 1,366.51  650.97  699.29 1,710.69 8,563.01 18,542.54 23,085.00 1,467.63  1,371.69 1,474.64 4,000.00 2,000.00  1,474.64 2,000.00  TasMip/Cotermelsus 45000-5501  5,000.00  10,000.00  10,000.00  8,000.00  8,000.00  Vehicle/Power Equipment 45000-6009  142,664.97 53,270.00 106,290.00  153,529.29 177,371.60 162,628.83 175,067.55  12,438.72  Debt Payments  Sterling Bank WWTP Refi Prin 95000-9002 Sterling Bank WWTP Refi Int 95000-9003  190,640.00 179,250.00 203,235.00 210,136.13  6,901.13 (6,904.22)  79,680.00 118,838.69 37,633.00  67,250.00 67,075.00 39,079.76  60,170.78 69,184.17 46,351.83  11,450.00 15,980.00  253,558.87 413,118.87  426,791.69 285,579.76 297,740.00 385,842.91  (3.09) 21,795.41  Sewer Fund Expense Totals  1,056,524.60 1,054,381.36 982,082.41 931,040.71 1,040,942.12  59 21/Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  GARBAGE FUND Account Code 16080-0005 16080-0006 16080-0009  FY 19 Budget FY2 20 Budget FY21Budget FY22E Budget  FY23 Budget FY23 FY23 Recommended less FY22  FY19 Approved 80,677.30 24,083.20 1,500.00  Account Name Garbage IT Charges Garbage OT Charges Penatlies Transfer from Garbage Reservi 41040-0006 Transfer for Other Funds Revneue Totals Wages PT Wages FICA VRS Health Insurance Group Life Insurance STD/Long-Term Disability 12110-2500 Contingency Town Manager Totals Wages PT Wages FICA VRS Health Insurance Group Life Insurance Finance Totals Collection In-Town Collection Out of Town Garbage Totals Wages PT Wages Other Pay/Holiday FICA VRS Health Insurance Group Life Insurance Maintenance Totals Garbage Fund Expense Totals  FY20A Approved FY21 Amended FY22A Approved Town Manager  Recommended Adopted-Difference  GARBAGE REVENUE 1,300.00  121,052.00 121,677.40 121,264.00 122,451.20 17,574.80 17,119.00 17,140.20  1,187.20 159.00 9,139.41  17,299.20 2,800.00 11,577.44  2,000.00 501.21 556.59  2,800.00 2,438.03  106,260.50 $ 139,926.80 $ 141,854.20 $ 143,642.23 $ 154,127.84 $ 10,485.61  TOWN MANAGER 2,848.11 424.78 250.38 465.38 273.60 37.31 16.80 835.88  12110-1100 12110-1300 12110-2100 12110-2200 12110-2300 12110-2400 12110-5000  2,751.00 410.34 241.84 425.00 273.60 34.07 19.81 5,505.11 4,155.66 $ 1,450.27 400.54 141.59 236.97 273.60 19.00 200.00 2,721.97 73,411.44 10,930.32  2,966.66 442.39 260.79 623.00 286.56 39.75 15.66  3,008.19 448.53 264.44 631.72 283.68 40.31 15.88  3,140.19 481.79 277.08 659.44 307.80 42.08 16.58  132.00 33.26 12.64 27.72 24.12 1.77 0.70 232.21 128.76 16.41 (29.04) 36.73 24.12 1.73 178.71 8,438.64 1,360.80 9,799.44 167.70 2.62 13.03 49.47 40.20 2.24 275.26  5,152.24 $ 4,634.81 $ 4,692.75 $ 4,924.96 $  FINANCE DEPARTMENT 1,501.39 417.48 146.79 245.33 273.60 19.67 400.00 3,004.26 GARBAGE EXPENSES  12420-1100 12420-1300 12420-2100 12420-2200 12420-2300 12420-2400  1,582.78 163.20 133.57 253.25 286.56 21.21 100.00 2,540.57  1,604.94 221.13 139.69 256.79 283.68 21.51 2,527.74  1,733.71 237.54 110.66 293.52 307.80 23.23 2,706.45  Banking Service Charges 12420-3160  43200-3160 43200-3170  110,737.20 113,125.44 114,598.32 123,036.96 17,858.40 18,244.80 18,480.00  19,840.80  84,341.76 $ 128,595.60 $ 131,370.24 $1 133,078.32 $ 142,877.76 $  GARBAGE MAINTENANCE DEPARTMENT  45000-1100 45000-1300 45000-1400 45000-2100 45000-2200 45000-2300 45000-2400  1,939.51 6,599.02 39.35 159.80 316.92 456.00 25.41 9,536.00 $  2,145.59 31.06 163.34 350.59 456.00 28.11  2,234.90 34.91 173.64 357.58 477.60 29.95  2,266.19 35.40 176.07 362.59 472.80] 30.37  2,433.88 38.02 189.10 412.06 513.00 32.61  3,174.69 $ 3,308.58 $ 3,343.41 $ 3,618.67 $  100,755.39 $ 139,926.79 $1 141,854.20 $1 143,642.23 $ 154,127.84 $ 10,485.62  60 22]Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  INDUSTRIAL DEVELOPMENT AUTHORITY  FY19 Budget FY20E Budget FY21 Budget FY22 Budget  FY23 Budget FY23 FY23R Recommended less FY22  Account Name  Account Code FY19 Approved FY20Approved FY21 Amended FY22 Approved Town Manager  Recommended Adopted-Difference  IDAREVENUES 25,968.00 9,673.75 1,345.11 36,986.86 IDA EXPENSES 7,395.72 $ 565.77 $ 2,000.00 325.00 2,749.00 23,951.37 36,986.86  Lease/Sale of Lots 701-41020-0001 BP Recoupment Rev 701-41030-0001 Zoning Fees Bond Issue Home Owners Reimb 701-41060-0001 Transfer from Other Funds Revenue Totals PTI Wages FICA Worker's Comp Repair & Maint. Svcs 81500-3310 Professional: Services 81500-3150 Electrical Svcs Dues & Membership 81500-5810 Transfer to IDA fund bi 81500-9200 Small Business Grant Capital expenses Expense Totals Revenue Totals Expense Totals  75,000.00 7,476.25 1,350.00 83,826.25 7,811.60 597.59 328.09 200.00 2,731.00 65,157.97 7,000.00  (75,000.00) 26,771.75 (1,151.25) 83.40 (49,296.10) 579.84 7,793.85 24.35  26,058.00 16,239.00 1,332.00 43,629.00 6,599.02 504.83 2,000.00 325.00 2,756.00 31,444.15 43,629.00  26,771.75 6,325.00 1,433.40 34,530.15 8,391.44 8,391.44 352.44 200.00 2,728.00 14,466.83 34,530.15  701-41040-0001  120,331.38 120,331.38 307.13 24.25  45000-1300 45000-2100 45000-2700 81500-5100  (3.00) (50,691.14) (42,296.10) (38,810.49) (31,810.48)  120,000.00 120,331.38 76,826.25  3,701,985.13 3,774,535.77 3,696,480.02 3,774,535.76  346,520.23 3,621,300.03 3,591,532.55 358,943.10 3,613,167.65 4,083,833.43  61 23Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  FY22 PAY & BENEFIT COST ALLOCATION  Portion of Time Per Fund General Water Sewer Garbage  Job Title  Town Manager Deputy Town Clerk Alison Town Manager Total Office Manager Fiscal Assistant Office Assistant (2) Finance Total Chief of Police Major Detective Officers (3) PT Office Assistant (2) PT Officer (2) Holiday Pay Retiree Health Overtime Police Total Director of Plant Utilities WWTP Operator (2) Holiday Sewer Total Lead WTP Operator WTP Operator (2) PT WTP Operator Holiday Water Total Maintenance Foreman Maintenance Tech. (4) Maintenance Tech PT Custodian Holiday Retiree Health Utility Total  27% 80% 100% 50% 23% 20% 100% 100% 100% 100% 100% 100% 100% 100% 100% 0% 0% 0% 0% 0% 0% 0% 9% 9% 30% 100% 9% 100%  40% 30% 10% 9% 0% 0% 25% 24% 45% 30% 40% 39% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 50% 50% 0% 100% 0% 0% 100% 0% 100% 0% 100% 0% 100% 0% 100% 0% 45% 45% 45% 45% 5% 5% 0% 0% 45% 45% 0% 0%  3% 1% 0% 1% 2% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0%  0% 0% 0% 0% 1% 1% 60% 0% 1% 0%  62 24Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  Undesignated Fund Balance and Contingency Calculation For FY23  2/4/2022  Permanent Fund principal for the General Fund  GFF Revenues $ 1,478,508 Net GF Revenues $ 1,478,508 Reserve per @  (based on proposed FY23 Budget)  Administration! Fee (coveredi in W&SFunds)  Reserve per October 2010p policy GF target Permanent Fund principal $ 221,776.17 Required contingency int the General Fund  15%  25%  GF target Permanent Fund principal $ 369,626.94  GFE Expenses $ 1,478,508 GF Contingency $ 44,355  (based on proposed FY23 Budget)  Reserve per October 2010 policy  3.0%  Permanent Fund principal for the Water Fund (based ont the proposed FY23 Budget)  Fund 501 WATERI FUND DEBT SERVICE ALL OTHERE EXPENSES Total  FY23 Budget 384,832 827,783  Debt  384,832  259/Operation $ 206,946  WF target Permanent Fundp principal $ 591,778  Permanent Fund principal for the Sewer Fund (based on the proposed FY23 Budget)  Fund 502 SEWER FUND DEBTSERVICE ALL OTHERI EXPENSES  FY23 Budget 385,843 655,099  Debt  385,843  259/Operation $ 163,775  Total  SF target Permanent Fund principal $ 549,618  Permanent Fund principal for the Garbage Fund (based ont the proposed FY23 Budget)  Fund 514 GARBAGEI FUND ALL EXPENSES  FY23 Budget 154,128  25% operation: $ 38,532  Garbt target Permanent Fund principal $ 38,532 Total of all undesignated fund balances $ 1,549,555  General Fund Permanent Fund General Fund Contingency Water Fund Permanent Fund Sewer Fund Permanent Fund Garbage Fund Permanent Fund  $ $ $ $ $  369,627 44,355 591,778 549,618 38,532  63 25/Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  TOWN OF AMHERST DEBT BALANCES & DEBT PAYMENTS  Outstanding Loan 12/31/21  Original Loan Amount  Principal  Interest  Total Debt  Description Sterling Debt Refi 60 W. Water Line  Balance at Interest Rate Maturity Date PaymentFY23 PaymentFY23 Payment FY23  $ 3,933,409.44 $ 2,936,405.13 565,935.00 $ 431,882.59  3.35% 6/30/2030 $ 309,023.71 $ 88,486.44 $ 397,510.15  Mainstreet Water Line $ 2,368,672.03 $ 2,078,289.64 Sewer Sliplining Project $ 3,414,000.00 $ 3,414,000.00 Water Treatment Plan Re $ 3,730,000.00 $ 3,730,000.00  2.25% 3.00% 3.63% 2/10/2062 $ 2.50%  1/1/2047 $ 7/1/2043 $ 7/1/2052 $  78,352.35 $ 14,866.45 $ 93,218.80 16,697.98 $ 10,288.28 $ 26,986.26 69,184.17 $ 46,351.89 $ 115,536.06 47,424.08 $ 87,529.08 $ 134,953.16 Thisf figure is justa ane estimate. The does notg give aspecifica amount. WTP Loan  $  Outstanding Debt Balances Sterling Refi  Sliplining  60WL  Main St.WL  Total  FY2022 FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032  3,402,582.45 2,811,057.32 423,838.87 $ 2,040,194.56 $ 3,730,000.00 $ 9,005,090.75 3,333,398.28 2,502,033.62 407,387.66 $ 1,962,713.87 $ 3,730,000.00 $ 8,602,135.15 3,263,381.07 2,182,512.13 390,439.21 $ 1,883,480.05 $ 3,640,429.76 $ 8,096,861.15 3,192,270.78 1,852,136.24 372,978.48 $ 1,802,453.45 $ 3,548,787.55 $ 7,576,355.72 3,120,176.53 1,510,537.21 354,990.01 $ 1,719,593.49 $ 3,455,025.46 $ 7,040,146.17 3,047,084.73 1,257,332.59 336,457.83 $ 1,634,858.70 $ 3,359,094.43 $ 6,587,743.55  2,973,094.88 2,897,967.90 2,821,801.40 2,744,580.98 2,666,393.84  892,130.20 317,365.51 $ 1,548,206.65 $ 3,260,944.31 $ 6,018,646.67 389,981.55 297,696.13 $ 1,459,593.96 $ 3,160,523.75 $ 5,307,795.39 0 277,432.25 $ 1,368,976.27 $ 3,057,780.24 $ 4,704,188.76 256,555.89 $ 1,276,308.21 $ 2,952,660.04 $ 4,485,524.14 235,048.55 $ 1,181,543.40 $ 2,845,108.17 $ 4,261,700.12  64 26/Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  FY23 TOWN OF AMHERST VEHICLES  MAKE Ford Ford Ford Ford Ford Ford Ford Ford Dodge Chevy Dodge GMC GMC Ford Dodge Dodge  MODEL  YEAR VIN NUMBER MILEAGE  POLICE  Interceptor (Watts) Interceptor (Harler) Explorer (Shiflett) Interceptor (Payne) Interceptor (Robinson) Interceptor (Martin) Interceptor (Spare) SUV Pickup Pickup Work Truck Bucket Truck Dump Truck Explorer (Office) Wastewater Water  2017 2021 2014 2017 2015 2021 2016 2007 2014 2011 2013 1995 2003 2011 2012 2008  254 6442 8654 7002 1494 6441 8692 7723 101,246 4675 5012 7481 5212 115,052 9981 4253 9843 4271  87,387 2,870 109,300 70,610 96,647 1,865 107,565 66,383 79,401 60,298 49,827 69,396 66,738 96,967  MAINTENANCE  UTILITIES  65 27/Page    TOWNOF AMHERST  FISCAL YEAR 2022-2023 BUDGET  Fund Balances and Analysis of Reserves  Year 2016 $ 2017 $ 2018 $ 2019 $ 2020 $ 2021 $  GeneralFund 1,203,035.00 $ 1,458,055.00 $ 1,954,032.00 $ 1,743,817.00 $ 1,834,360.00 $ 2,089,532.00 $  Water 1,191,623.00 $ 1,360,124.00 $ 1,477,324.00 $ 1,848,141.00 $ 1,799,144.00 $ 1,997,481.00 $ Fund Balances  Wastewater 726,216.00 946,198.00 819,116.00 1,063,572.00 $ 1,188,806.00 $ 960,340.00 $  IDA  280,479.00 562,748.00 716,372.00  $2,500,000.00 $2,000,000.00 $1,500,000.00 $1,000,000.00 $500,000.00  $-  2  3 Wastewater  5  General Fund  Water  IDA  Losses:  GeneralFund loss from FY1 18-19reflects transfer off fundst tot thel IDAf fund,r rathert than combined. General Fund also has ana additional $904,830 of ARPAI funds tob bes spent. Wastewater Fundl lossi inf from FY17-18reflects engineering expensesi for sliplining project.  66 28/Page    LowestV $19,3 Hours/yr  Grade:  1$ 19,385.00 19,772.70 20,168.15 20,571.52 20,982.95 $ 21,402.61 21,830.66 $ 22,267.27 22,712.62 23,166.87 23,630.21 24,102.8 24,584.8 25,076.56 25,578.10 26,089.66 26,611.4 27,143.68 27,686.55 9.70 9.89 10.09 10.29 10.50 $ 10.71 10.92 11.14 11.36 11.59 11.82 12.06 12.30 12.54 12.79 13.05 13.31 13.58 13.85 2$ 20,548.10 20,959.06 21,378.24 21,805.81 22,241.92 $ 22,686.76 23,140.50 $ 23,603.31 24,075.37 24,556.88 25,048.02 25,548.98 26,059.96 26,581.16 27,112.78 27,655.04 28,208.14 28,772.30 29,347.75 29,934.70 30,533.40 10.08 10.28 10.48 10.69 10.91 11.13 1135 11.57 11.81 12.04 12.28 12.53 12.78 13.03 1330 13.56 13.83 14.11 1439 14.68 3$ 21,780.99 22,216.61 22,660.94 23,114.16 $ 23,57644 $ 24,047.97 24,528.93 25,019.51 25,519.90 26,030.29 26,550.90 27,081.92 27,623.56 28,176.03 28,739.55 29,314.34 $ 29,900.63 30,498.64 31,108.61 31,730.78 32,365.40 10.47 10.68 10.89 $ 11.11 $ 1133 11.56 11.79 12.03 12.27 12.51 12.76 13.02 13.28 13.55 13.82 14.09 14.38 14.66 14.96 15.26 15.56 $ 23,087.85 23,549.60 24,020.59 24,50101 > 24,991.03 25,490.85 26,000.66 26,520.68 27,051.09 27,592.11 28,143.95 28,706.83 29,280.97 29,866.59 30,463.92 31,073.20 $ 31,694.66 32,328.56 32.975.13 33,634.63 34,307.32 11.10 11.32 11.55 $ 11.78 $ 12.01 12.26 12.50 12.75 13.01 13.27 13.53 13.80 14.08 14.36 14.65 14.94 15.24 15.54 15.85 16.17 1649 5$ 24,473.12 24,962.58 25,461.83 25,97107 26,490.49 27,02030 27,560.70 28,111.92 28,674.16 29,247.64 29,832.59 30,429.24 31,037.83 $31,658.58 32,291.76 32,937.59 33,596.34 34,268.27 34,953.64 35,652.71 36,365.76 11.77 12.00 12.24 $ 12.49 12.74 12.99 13.25 1352 13.79 14.06 14.34 14.63 14.92 15.22 15.52 15.84 16.15 16.48 1680 17.14 1748 $ 25,941.50 26,460.33 26,989.54 $ 27,529.33 28,079.92 28,641.52 29,214.35 29,798.63 30,394.61 31,002.50 31,622.55 32,255.00 32,900.10 $33,558.10 34,229.26 34,913.85 35,612.12 36,324.37 37,050.85 37,791.87 38,547.71 12.47 12.72 12.98 $ 13.24 13.50 13.77 14.05 14.33 14.61 14.91 15.20 15.51 15.82 16.13 16.46 16.79 17.12 17.46 17.81 18.17 18.53 75 27,497.99 28,047.95 28,608.91 $29,181.09 29,764.71 30,360.01 30,967.21 31,586.55 32,218.28 32,862.65 33,519.90 34,190.30 34,874.10 35,571.59 36,283.02 37,008.68 37,748.85 38,503.83 39,273.91 40,059.38 40,860.57 13.22 13.48 13.75 $ 14.03 14.31 14.60 14.89 15.19 15.49 15.80 16.12 16.44 16.77 17.10 17.44 17.79 18.15 18.51 18.88 19.26 19.64 29,147.87 29,730.83 30,325.45 30,931.96 31,55059 32,181.61 32,825.24 33,481.74 34,151.38 34,834.41 35,531.09 36,241.72 36,966.55 37,705.88 38,460.00 39,229.20 40,013.78 40,814.06 41,630.34 42,462.95 43,31221 14.01 14.29 14.58 14.87 15.17 15.47 15.78 16.10 16.42 16.75 17.08 17.42 17.77 18.13 18.49 18.86 19.24 19.62 20.01 20.41 20.82 30,896.74 31,514.68 32,144.97 $32,787.87 33,443.63 34,112.50 34,794.75 35,490.65 36,200.46 36,924.47 37,662.96 38,416.22 39,184.54 39,968.23 40,767.60 41,582.95 42,414.61 43,262.90 14.85 15.15 15.45 15.76 16.08 16.40 16.73 17.06 17.40 17.75 18.11 18.47 18.84 19.22 19.60 19.99 20.39 20.80 21.22 21.64 22.07 32,750.55 33,405.56 34,073.67 $34,755.15 35,450.25 36,159.25 36,882.44 37,620.09 38,372.49 39,139.94 39,922.74 40,721.19 41,535.62 42,366.33 43,213.65 44,077.93 15.75 16.06 1638 16.71 17.04 17.38 17.73 18.09 18.45 18.82 19.19 19.58 19.97 20.37 20.78 21.19 21.62 22.05 22.49 22.94 23.40 11 34,715.58 35,409.89 36,118.09 36,840.45 > 37,577.26 38,328.81 39,095.38 39,877.29 40,674.84 41,48833 42,318.10 43,164.46 44,027.75 44,90831 45,806.47 46,722.60 47,657.06 48,610.20 49,582.40 50,574.05 51,585:53 36,798.52 > 37,534.49 38,285.18 39,050.88 39,831.90 40,62854 41,441.11 42,269.93 43,11533 43,977.63 44,857.19 45,75433 46,669.42 47,602.81 48,554.86 49,525.96 17.69 18.05 18.41 18.77 19.15 19.53 19.92 20.32 20.73 21.14 21.57 22.00 22.44 22.89 23.34 39,006.43  39,786.56 40,582.29 41,393.93 42,221.81 43,066.25 43,927.57 44,806.13 45,702.25 46,616.29 47,548.62 48,499.59 49,469.58 50,458.97 51,468.15 52,497.52 3,547.47 54,618.42 55,710.79 56,825.00 57,961.50 18.75 > 19.13 19.51 19.90 20.30 20.70 21.12 21.54 21.97 22.41 22.86 23.32 23.78 24.26 24.74 25.24 25.74 26.26 26.78 27.32 27.87 41,346.81  42,173.75 43,017.23 $ 43,877.57 44,755.12 45,650.22 46,563.23 47,494.49 48,444.38 49,413.27 50,401.54 51,409.57 52,437.76 53,486.51 54,556.24 55,647.37 760.32 57,895.52 59,053.43 60,234.50 61,439.19 19.88 > 20.28 $ 20.68 21.09 21.52 21.95 22.39 22.83 23.29 23.76 24.23 24.72 25.21 25.71 26.23 26.75 27.29 27.83 28.39 28.96 29.54 43,827.62 $ 44,704.18 45,598.26 46,510.22 47,440.43 48,389.24 49,357.02 50,344.16 51,351.05 52,378.07 53,425.63 54,494.14 55,584.02 56,695.70 57,829.62 58,986.21 60,165.93 61,369.25 62,596.64 63,848.57 65,125:.54 21.07 $ 21.49 $ 21.92 $ 22.36 22.81 23.26 23.73 24.20 24.69 25.18 25.69 26.20 26.72 27.26 27.80 28.36 28.93 29.50 30.09 30.70 31.31 46,457.28 47,386.43 48,334.15 49,300.84 50,286.85 51,29259 52,318.44 53,364.81 54,432.11 55,520.75 56,631.17 57,763.79 58,919.06 60,097.45 61,299.40 62,525.38 63,775.89 65,051.41 66,352.44 67,679.49 69,033.08 22.34 $ 22.78 23.24 $ 23.70 24.18 24.66 25.15 25.66 26.17 26.69 27.23 27.77 28.33 28.89 29.47 30.06 30.66 31.27 31.90 32.54 33.19 17 49,244.72 $ 50,229.61 51,234.20 $ 52,258.89 53,304.07 54,370.15 55,457.55 56,566.70 57,698.04 58,852.00 60,029.04 61,229.62 62,454.21 63,703.29 64,977.36 66,276.91 67,602.44 68,954.49 70,333.58 71,740.25 73,175.06 18 52,199.40 $ 53,243.39 54,308.26 $55,394.42 56,50231 57,632.36 58,785.00 59,960.70 61,159.92 62,383.12 63,630.78 64,903.39 66,201.46 67,525.49 68,876.00 70,253.52 71,658.59 73,091.76 74,553.60 76,044.67 77,565:56 25.10 $ 25.60 26.11 2663 27.16 27.71 28.26 2883 29.40 29.99 30.59 31.20 31.83 32.46 33.11 33.78 34.45 35.14 19 55,331.36 $ 56,437.99 57,566.75 $58,718.09 $ 59,892.45 $ 61,090.30 62,312.10 63,558.35 64,829.51 66,126.10 67,448.62 68,797.60 70,173.55 71,577.02 73,008.56 74,468.73 75,958.11 77,477.27 79,026.81 80,607.35 82,219.50 26.60 $ 27.13 27.68 28.23 $ 28.79 > 29.37 29.96 30.56 31.17 31.79 32.43 33.08 33.74 34.41 35.10 35.80 36.52 37.25 37.99 38.75 39.53 20$ 58,651.25 $ 59,824.27 61,020.76 $ 62,241.17 $ 63,486.00 $ 64,755.72 66,050.83 67,371.85 68,719.28 70,093.67 71,495.54 72,925.45 74,383.96 75,871.64 77,389.07 78,936.86 80,515.59 82,125.90 83,768.42 85,443.79 87,152.67 28.20 $ 28.76 29.34 $ 29.92 30.52 > 31.13 31.76 > 32.39 33.04 33.70 34.37 35.06 35.76 36.48 37.21 37.95 38.71 39.48 40.27 41.08 41.90 29.89 S 30.49 $ 31.10 $ 31.72  32.35 33.00 33.66 34.33 35.02 35.72 36.44 37.16 37.91 38.67 39.44 40.23 $ 41.03 41.85 42.69 43.54 44.41 22 65,90054 $ 67,218.55 $ 68,562.92 69,934.18 > 71,332.86 $ 72,759.52 74214.71 75,699.01 $ 77,212.99 78,757.25 80,332.39 81,939.04 83,577.82 85,249.38 86,954.36 > 88,693.45 > 90,467.32 92,276.67 94,122.20 96,004.64 97,924.74 31.68 32.32 $ 32.96 S 33.62 $ 34.29 34.98 35.68 36.39 37.12 37.86 38.62 39.39 40.18 40.99 41.80 42.64 43.49 $ 44.36 45.25 46.16 47.08 23 69,854.57 > 71,251.66 72,676.70 > 74,130.23 $ 75,612.84 $ 77,125.09 78,667.59 80,240.95 $ 81,845.77 83,482.68 85,152.33 86,855.38 88,592.49 90,364.34 $ 92,171.63 > 94,015.06 > 95,895.36 97,813.27 99,769.53 101,764.92 103,800.22 33.58 $ 34.26 34.94 $ 35.64 $ 36.35 37.08 37.82 38.58 39.35 40.14 40.94 41.76 42.59 43.44 $ 44.31 45.20 $ 46.10 47.03 47.97 48.93 49.90 24 $ 74,045.85 $ 75,526.76 77,037.30 $ 78,578.05 $ 80,149.61 $ 81,752.60 83,387.65 85,055.40 86,756.51 88,491.64 90,261.47 92,066.70 93,908.04 95,786.20 $ 97,701.92 $ 99,655.96 $ 101,649.08 $103,682.06 105,755.70 $ 107,870.82 $ 110,028.23 35.60 $ 36.31 37.04 $ 37.78 $ 38.53 39.30 40.09 40.89 41.71 42.54 43.39 44.26 45.15 46.05 $ 46.97 47.91 48.87 49.85 50.84 51.86 5290 25 $ 78,488.60 $ 80,058.37 $ 81,659.54 $ 83,292.73 $ 84,95858 $ 86,657.75 88,390.91 90,158.73 91,961.90 93,801.14 95,677.16 97,590.71 99,542.52 $101,533.37 $103,564.04 $ 105,635.32 $ 107,748.03 $109,902.99 112,101.05 $ 114,343.07 $ 116,629.93 26$ 83,197.91 84,861.87 86,559.11 $ 88,290.29 $ 90,056.10 $ 91,857.22 93,694.36 95,568.25 $ 97,479.62 99,429.21 101,417.79 103,446.15 105,515.07 $107,625.37 $109,777.88 $ 111,973.44 $ 114,212.91 $116,497.17 118,827.11 121,203.65 $ 123,627.72 44.94 45.84 46.76 47.69 48.65 49.62 50.61 51.63 52.66 53.71 54.79 55.88 57.00 58.14 59.30 S 60.49 61.70 62.93 64.19 65.47 66.78 47.64 48.59 49.56 $ 50.56 51.57 52.60 53.65 54.72 55.82 56.93 58.07 59.23 60.42 61.63 62.86 64.12 65.40 66.71 68.04 69.40 70.79  28,805.09  45,010.72 45,910.94  45,858.68 46,775.85 47,711.37 48,665:59 23.37 23.84 24.31 24.80 51,526.81 52,557.34 53,608.49 54,680.66 24.77 25.27 25.77 2629  16.69  17.36 17.71 18.07 18.43 18.80 19.17 19.56 19.95 20.35 20.75 21.17 21.59 22.02 22.46  23.68 $ 24.15 24.63 $ 25.12 25.63 26.14 26.66 27.20 27.74 28.29 28.86 29.44  30.63 31.24 31.86 32.50 33.15 33.81 34.49 35.18  37.29  21 62,17032 63,413.73 64,682.00 65,975.64  $  70,013.88 > 71,414.16 $ 72,842.44  75,785.27 77,300.98 78,847.00 80,423.94 82,032.42 83,673.07 85,346.53 87,053.46 88,794.53 90,570.42 92,38183  37.73 38.49 39.26 $ 40.04 4335 > 41.61 $ 43.30 44.16 45.05 45.95 46.87 42.40 43.25 $ 45.89 47.75 48.70 28 $ $ 103,210.77 105,274.99 29 $105,035.45 107,136.16 Thisr  46.00 46.92 47.86 48.81 49.79 50.79 51.80 52.84 53.89 54.97 56.07 107,502.86 109,652.92 111,845.98 114,082.90 $116,364.55 118,691.84 $ 121,065.68 123,486.99 125,956.73 128,475.87 131,045.39  50.73  52.78 > 53.83 54.91 56.01 57.13 58.27 59.44 54.85 55.94 > 57.06 58.20 59.37 60.56 61.77 63.00 120,927.87 $123,346.43 125,813.36 $ 128,329.62 $130,896.21 133,514.14 136,184.42  27$ 88,189.79 89,953.58 $ 91,752.66 $ 93,587.71 95,459.46 $ 97,368.65 99,316.03 101,302.35 $103,328.39  51.68 52.72 113,953.03 $116,232.09 120,790.21 $123,206.02 $125,670.14 125,527.09 128,037.63 $130,598.38 133,210.35  $  144,355.49 147,242.60 153,016.82 $ 156,077.15  $111,464.46 $113,693.75 115,967.62 118,286.98 120,652.72 Thel  $ 50.50 51.51 $ 52.54 $ 53.59 54.66 55.75 56.87 58.01 59.17 60.35 61.56 62.79  55.32 66.63  69.32 70.71 72.12 73.57 75.04  ime,  Upperli annualizedp payrates, lowerli lineso contain! hourly payrates.  with professional pathsn maybep promoted budgetyearo oncetheyhaver therequirementst  67    fpositionsir includedinthel Town'sPayPlan: 20 Officen Director (Exempt) 19 Clerkt Council 13 FiscalAssistant 14 SeniorF Fiscal Assistant 9OfficeA (part-time) Intern  Publicu Utilities 25 Publicu Utilities Director (Exempt) 23 Directoro ofPlants (Exempt) 17 UtilityN Maintenancer Foreman 15 Lead Plant Operator 13 Treatment Plant Operator 121 Planto Operator- 12 Technician Custodian Public Utilities Director fPlants Utility Foreman Lead Treatme Plant Operator(2) Operator (2FT, 1PT) Utilitiy MaintenanceT Technicial (4FTand1PT) Custodian(PT, 1)  25 (Exempt) Major empt)  Fortherv2223budget. thet followling positions Administration Town Manager Oficen Senior Fiscal Office Assistantz 2PT) ClerktoCouncil  Officer(PT) Administrative Analyst PartT Time  68    Administrative fee structure  In order to cover costs incurred by the town council, the commission, thel boardofzoning appeals and the zoning administrator incidental to the review, hearing and reporting of the processing applications for a zoning certificate for a permitted use or a special use permit, azoning amendment, an administrative review, a variance, a site plan and subdivision plats, the following fees shall be required to accompany appropriate applications:  Application Type Permitted Use Special Usel Permit Zoning Ordinance Amendment Variance Any other application to the Board of Zoning Appeals Site Plan subject to special review under Section 1103 Other Site Plan Subdivision Pre-application: review Preliminary Plat Final Plat  Application Fee Nof fee $300 $300 $150 $300 $200 Nof fee Nof fee $40 $60+$15/lot  69    TOWN OF AMHERST Office of the Town Attorney  P.O. Box 280 174 S. Main Street Amherst, VA 24521  Eric M.I Lansing, Esq. Deal & Lacheney P.C. TOWN ATTORNEY eric. lansing@amhersival.us PHONE: (888)456-1547 FAX: (877)457-1231 FROM: TO: DATE:  Mailing Address: 174S. MAIN STREET P.O. Box: 280 AMHERST, VA: 24521  Eric M. Lansing, Town Attorney Town Council of the' Town of Amherst  May 5, 2022  SUBJECT: Renewal and Amendment of County Waste Contract  Dear Mayor and Councilors:  Please find enclosed a draft agreement to renew the Town's 2019 contract with County renew our contract with County Waste for an additional year (through December3 31,2023); allow for two additional, automatic one-year extensions, unless either party cancels with 180 days' written notice (mirroring the provisions of the 2019 contract); and add a new condition, giving the Town the option to remove trashcans that are left in the publite-nght-ol-way. (This is important, because the trashcans belong to County Waste, not the citizens of the Town.) This new provision would work in much the way that enabling legislation does: it would allow the Town to implement the ordinance that is currently before the Town Council for consideration; but at the same time, it would not lock the' Town Council into any oft the requirements contemplated by the draft ordinance.  Waste for curbside waste collection. The agreement would:  Please let me know ifyoul have any questions. Iti is aj privilege to serve the Council.  Kind Regards, Townherney R  70    RENEWAL AND AMENDMENT  OFTHE  CONTRACT FOR CURBSIDE SOLID WASTE COLLECTION IN THE TOWN OF  AMHERST, VIRGINIA  WHEREAS, the Town of Amherst (the "Town") and County Waste Southwest Virginia, LLC ("Contractor") entered into a contract on December 1, 2019 styled "Contract for Curbside Solid Waste Collection in the' Town of Amherst, Virginia" (hereinafterthe "2019 Contract"); and WHEREAS, the 2019 Contract provided that the term of contract would run from January 1,2 2020 until December 31,2020, but that the 2019 Contract would renew automatically each year  for two years (i.e., until December 31, 2022), unless cancelled;  WHEREAS, the Town and Contractor have enjoyed a mutually beneficial business relationship with one another, have exercised the option under the 2019 Contract to renew the contract through December 31, 2022, and desire to continue the 2019 Contract for an additional  period oftime; and  WHEREAS, while renewing the 2019 Contract, the Town also wishes to make certain provisions to remove traffic hazards from its public right-of-ways, by ensuring that trash bins left  ini the public right-of-way by citizens may be removed by the Town; extend the 2019 Contract, as amended herein, as follows:  NOW THEREFORE, the Town and the Contractor hereby enter into this Agreement to 1. Renewal and Term of Contract. The Town and the Contractor hereby readopt the 2019 Contract and renew the term ofthe 2019 Contract for an additional term of one year, which term will run from January 1, 2023 through December 31, 2023. The term will renew annually thereafter until December31,2 2025, unless further extended by written agreement. The 2019 Contracti is appended to this Agreement, and is incorporated into this Agreement 2. Cancellation before December 31, 2025; Renewal After December 31, 2025. Both CONTRACTOR and TOWN shall have the right to cancel this Agreement after. June 30, 2023 with 180 days written notice. Except in cases ofdefault, ini no event shall this contract terminate before December 31, 2025 unless CONTRACTOR or TOWN notifies the other in writing 180 days prior to contract termination that the contract is to be terminated. CONTRACTOR and TOWN may renew this contract for term(s) beyond December 31, 3. Removal of Carts from the Public Right-of-Way. When any cart is left in the public right-of-way but not at the curbside (so as to create at traffic hazard or obstruction), or when acarti is lefti int the right-of-way at times other than at designated collection times (or within al limited timeframel before and after collection times, as designated by the TOWN), TOWN  by reference.  2025 by written agreement.  71    may remove such cart from the public right-of-way, and shall either (a) return the cart to the unit, or (b) if not returned to the unit within three months, return the cart to the CONTRACTOR. Prior to returning such cart to the unit, TOWN: may assess a fee or fine  against the person responsible for the unit.  WITNESS these signatures:  Town of Amherst Sara McGuffin Town Manager  BY:  Date  County Waste Southwest Virginia, LLC  BY:  Manager  Date  72    SEWER AND WATER PURCHASE AGREEMENT  THIS SEWER AND WATERI PURCHASE AGREEMENT, effective as of January 1,2022, by and betweent the' TOWNOF. AMHERSTamunicpal coporationoftheCommonweallhofViginia (hereinafter sometimes referred to as the "Town"), party of the first part; and SWEET BRIAR INSTITUTE (d/b/a "Sweet Briar College"), a non-stock corporation, duly organized and existing under and by virtue of thel laws of the Commonwealth of Virginia (hereinafter sometimes referred to as the "College"), party of the second part; both of whom may be collectively referred to: from time tot time  as the Parties":  WITNESSETH:  WHEREAS, the Town owns and operates sewer: facilities and the College desires to contract WHEREAS, the Town owns and operates water treatment and distribution facilities, and the College desires to purchase potable water from the Town for use by the College; and WHEREAS, the Town and College entered into a Sewer Agreement dated April 17, 1972 (the 925eNeTAsremer: setting forth a cost-sharing basis for the College to make payments to the Town for sewer usage in connection with the Rutledge Creek Treatment Facility; and WHEREAS, the Town and College entered into a Statement of Understanding Pertaining to the 1972 Sewer Agreement regarding improvements to the Town's sewer system commencing  for the Town's supply and the College' s use oft those sewer services; and  September 1, 2018 (the "2018 Sewer Improvement Agreement"); and  WHEREAS, the Town and College entered into a separate Water Supply and Mutual Aid Agreement dated July 1, 1998, as amended by that certain Extension of Water Supply and Mutual Aid Agreement dated July 1, 2018, (collectively, the "1998 Water Agreement"): setting forth the terms of the Town's provision of, and the College's purchase of, potable water to be used by the  College; and  WHEREAS, both the 1972 Sewer Agreement and the 1998 Water Agreement are set to expire, by their terms, and based on the mutual agreements by the Parties, on August 31, 2022;  and  WHEREAS, the Town and the College seek to terminate the 1972 Sewer Agreement, the 2018 Sewer Improvement Agreement, and the 1998 Water Agreement effective as of December 31,2021, and to establish new terms of use and amounts to be paid by the College for continued purchase of potable water and sewer services from the Town from and after January 1, 2022  pursuant to the terms of this Agreement.  97184.,70A05.04007  1 73    NOW, THEREFORE, in consideration of the premises and the mutual benefits and covenants and agreements tol bel kept and performed by the Parties hereto, the form and sufficiency of which is agreed to by the Parties, said Parties do covenant and agree, each with the other, as  follows:  ARTICLEI  The Town's Obligations in Connection with Providing Sewer Services to the College.  The Town agrees during the' Term oft this Agreement:  Section 1. That it will, for the Term of this Agreement, provide sufficient capacity to adequately serve the College's sewer requirements equal to at least 350 Equivalent Single Family Residential Units (as defined below) based on 800 students and 150 dwellings as defined in Section 1(a) below, plus reserve capacity of 1501 Equivalent Single Family Residential Units.  The term "Equivalent Single Family Residential Unit" ("ESFUnit") when used herein shall  have the following meaning:  (a) A dwelling, apartment, or a room / rooms located within a building or  structure provided with kitchen and bathroom facilities and used or intended to be used by one or more persons as a home, residence, or permanent abode. Each apartment in an apartment building having more than one apartment shall be treated and considered as a one ESFUnit.  (b) In the case of students attending Sweet Briar College (SBC), regardless of  where they are living, or in what type of residence they are living, each four (4) resident SBC  students shall be deemed and considered as one separate ESF Unit.  (c) Int the case of office buildings, hotels, schools, public halls, auditoriums and  other places of assembly not herein specifically covered, the firm of WW Associates, or such other engineering firm or individual as is acting as an independent engineer for the Rutledge Creek Treatment Facility at the time, shall make such determination of the ESF Units served thereby as is reasonable and proper. The Town may, upon the recommendation of WW Associates or the other independent firm of engineers or engineer acting as engineer for the Rutledge Creek Treatment Facility at the time, alter or change the definition of the ESF Unit as herein defined, or enlarge such definition SO as to cover other uses or facilities SO as to cause an equitable apportionment of the usage of the aforesaid Rutledge Creek Treatment Facility between the Town and the College, provided, however, that no such change shall be made in connection to the College's payment obligations set forth in Article II, which payment obligations are set and not subject to adjustment for the Term of this Agreement except as set forth in Article II Section 8  below.  9.718.1.704356.0407  2 74    Section 2. That it will operate and maintain its sewer facilities and will take, collect, and receive, at mutually acceptable points, and treat and dispose of, sewage originating on property owned by the College. Such sewage treatment shall be in the same manner and to the same extent and degree as the Town provides for sewage originating within the Town. The Town agrees that the College shall not be held liable for the failure of the Town toj provide sewage treatment as now  or hereafter: required by the appropriate regulatory agency or agencies.  Section 3. That it will report to the College annually (or periodically not more frequently than quarterly if requested sO to do in writing by the College) the total number of ESF Units associated with the College, the Town, and in total that are contributing sewage or  wastewater to the Town's sewage collection and disposal system.  Section4 4. That it agrees that the College shall have the right to make or permit extensions to its sewage collection system and connections thereto on its own property at any time at its own expense, provided the total number of ESF Units on College property contributing sewage to said Rutledge Creek Treatment Facility does not exceed 500 ESF Units, or, ifit does exceed such number, that the Town reasonably determines in good faith that (1) the sewer system of the' Town is not materially and adversely disturbed thereby, and (2) the rights of the' Town under  this Agreement are not materially impaired thereby. extensions thereto shall remain in the College.  Section 5. That it agrees the title to the existing College sewer system and all  ARTICLEII  The College's Obligations in Connection with Receiving the Sewer Services from the Town.  The College agrees during the Term of this Agreement:  Section 1. That it will continue to grant to the' Town such easements and rights of way as are necessary for the Town's operation, maintenance, repair, renewal, or enlargement of the Rutledge Creek Treatment Facility and such proper or necessary appurtenances thereto, toi include a wastewater meter, as are located on property of the College. Such easements and rights of way shall continue during the Term of this Agreement (including all Renewal Terms, or extensions  thereof).  Section 2. That it will pay to the Town as compensation for taking, conveying, treating, and disposing of sewage originating on College property and discharged into the sewage disposal system of the' Town, the following amounts hereinafter specified, and at the times indicated, namely: operational cost of the Rutledge Creek Treatment Facility, which proportionate share for the College shall be 12.5% (hereinafter, the "Rutledge Facility Ouarterly Operational Fee"), and for  (a) a quarterly fee equal to its proportionate share of the Town's actual  9.718.1.704356.0407  3 75    the Town shall be 87.5%. For example, the College' 's calendar 2020 proportional share under this section was 0151.02735.025123134. 0351,01259.am1015132.9.orasaeman, year total of $48,290.21. The Town shall bill the Rutledge Facility Quarterly Operational Fee to the College not more than 15 days after the end of each calendar quarter during the Term of this  Agreement, and the College shall pay such fee within 30 days of receipt; and  (b) a monthly fee in the amount of $931.00 per month for 360 consecutive  months (30 years) starting January 1, 2022 and ending December 1, 2051, which monthly fee constitutes the College's obligation to pay the amounts set forth in the 2018 Sewer Improvement Agreement (i.e., its proportionate share of 14.6% of the $2,297,830 million rehabilitation costs committed by the Town). The Parties agree that, for administrative simplicity, the College shall pay this fee quarterly (in the amount of $2,793.00 per calendar quarter) rather than monthly, and the College shall pay each such payment quarterly at the same time it pays each Rutledge Facility Quarterly Operational Fee to the Town (as set forth above). The Parties agree and acknowledge that the payments under this paragraph supersede and replace the College's obligations under the 2018 Sewer Improvement Agreement. For avoidance of doubt, the College shall have no further obligations under the 2018 Sewer Improvement Agreement, which is terminated and void as of December 31, 2021. The provisions of this Paragraph (Article II Section 2(b)) shall survive termination or non-renewal of this Agreement to the extent that it is terminated / not renewed before the start of the first Renewal Term, as set forth below in Article VI below).  Section 3. That it will cause all sewage originating on College property and now or hereafter discharged into the existing sewage collection system of the College to be discharged  into the Rutledge Creek Treatment Facility.  Section 4. That it willi not, except as herein provided, during the Term of this Agreement, construct or enlarge or permit to be constructed or enlarged for the benefit of its property any Notwithstanding the foregoing provision, the College may construct new sewage treatment systems ore enlarge existing sewage treatment systems when either (i) approved by the appropriate regulatory agency or agencies, or (i)itis determined by competent and independent engineers that the Town is unable to make available to the College, at a reasonable cost and within a reasonable time, additional sewage disposal facilities which would be adequate to serve the requirements of the  additional or existing sewage treatment or sewage disposal systems.  College.  Section 5. That it will report to the Town annually during the Term of this Agreement (or periodically not more frequently than quarterly, if requested by the Town in writing so to do), the number of ESF Units contributing sewage or wastewater through the College sewage system to the Town's sewage collection and disposal system. Additionally, the College will provide the  Town an annual digital update of the SBC water and sewer network.  97184.,70A05.04007  4 76    Section 6. That it will work to identify and eliminate sources of stormwater and groundwater intrusion in the Town's sewer system as College construction projects occur, and College shall use its best efforts to eliminate those wherever possible, subject to economic feasibility. The College will conduct a water and sewer utility review with the Town prior to  commencing any major building renovations and new building construction.  Section 7. That it agrees that the Town shall have the right to install and maintain (at the Town's sole cost) a sewer meter in the vicinity of where the College's sewer line connects to the Town'ss sewer system sO long as the location only measures the College'ss sewage. Ifduring at least three (3) months out of twelve (12) months in a calendar year, the gallons of water flowing into the Town's sewer system from the College as measured by that sewer meter are 20% or more greater than (1)t the water purchased by the College from the Town during thei identical time period, or (2).8.33% (one month equivalent) of the applicable annual amount listed in Article V Section 8 Table 1 Column B below for the same year of the measurement, whichever is higher, then the Parties will begin ai mutual investigation to determine the cause and attempt mitigation efforts to lower the volume of outflowing of water and contents from the College into the Town's sewer system. The College will bear the costs for any repairs to its system which it deems necessary to In that event, in the following calendar year, if during (1) at least three (3) months out of twelve (12) calendar months the gallons of water into the Town's sewer system from the College as measured by the sewer meter are again 20% or more greater than (a) the water purchased by the College from the Town during the identical time period, or (b) 8.33% (one month equivalent) of the applicable annual amount listed in Article V Section 8 Table 1 Column B below for the year oft thei measurement, whichever is higher, or (2)ifduring one (1)month out oft twelve (12) calendar months the gallons of water into the Town' s sewer system from the College as measured by the sewer meter are 50% or more greater than (a) the water purchased by the College from the Town during the identical time period, or (b) 8.33% (one month equivalent) of the applicable annual amount listed in Article V Section 8 Table 1 Column B below for the year of the measurement, whichever is higher, then the Parties (with the assistance of WW Associates, or such other engineering firm or individual as is acting as an independent engineer for the Rutledge Creek Treatment Facility at the time) will attempt to renegotiate in good faith the College'sp proportional share for the Rutledge Facility Quarterly Operational Fee set forth in Article II Section 2(a) above. Any such new proportional share for the Rutledge Facility Quarterly Operational Fee agreed tol by the Parties will be effective on the first day of the first month when the year two 20% or 50% overage occurred and payable immediately after any such new written agreement is reached and signed by the Parties. If the Parties cannot agree on a new proportional share for the Rutledge Facility Quarterly Operational Fee despite their best efforts, then the Parties will utilize Article  mitigate that issue.  VIII Arbitration procedures as set forth below to resolve the matter.  9.718.1.704356.0407  5 77    Section 8. Sweet Briar College acknowledges that they are a significant user and must follow the currently adopted or any subsequently adopted Pretreatment Ordinances, as required by the Virginia Department of Environmental Quality; and that it will not discharge, cause to be discharged, or permit the discharge into the sewer disposal system of the Town any wastewaters or pollutants which violate the prohibitions set forthi in that currently or subsequently adopted set of ordinances as currently found in (1) the Code of Ordinances for the Town of Amherst, Virginia (2005) (the "Code"), Chapter 22 (Utilities), Article II (Water and Sewer Systems), Division 1 (Generally), Sections 22-23 through 22-25 (attached hereto as "Exhibit. A"), and (2) the Code, Article III (Wastewater Pretreatment Requirements), Division 2 (General Sewer Use Requirements), Sections 22-122 through 22-125, and 22-157 (attached hereto as "Exhibit B). Section 9. In the event the College or the Town finds that any of such wastewaters or pollutants from the College as prohibited above in Section 1 are being discharged into the sewage disposal system of the Town, then the College will either obtain a proper permit allowing such discharge (as set forth in the Code) or else cause such discharge to be discontinued. In such case, the College agrees that it will, ati its expense, install such facilities, devices, and equipment as are necessary to operate within the allowance of the permit or to otherwise prevent the discharge of  such wastewaters or pollutants into the sewage disposal system of the Town.  ARTICLEIII  The Town's Obligations to Supply Potable Water to the College.  The Town owns and operates its water treatment and transmission / distribution system and serves retail water users located both inside and outside the Town of Amherst's corporate limits. (For purposes of this Agreement, the Parties stipulate and agree that the College is considered to be inside the corporate limits of the Town for purposes of establishing rates for billing under this Agreement - i.e., that the College is an "In-Town Retail Customer" during the Term of this Agreement.) The Town's water system includes a water plant, a one million gallon storage water tank, a water pumping station which specifically serves the College (at the Town's water tank site on Waugh's Ferry Road), and many potable water transmission and distribution pipelines, one of which connects to the College water distribution system at the Sweet Briar College gate on  Waugh's Ferry Road (hereinafter, the Town's "Water System").  The College operates a water distribution system that serves the College Campus. The College system includes a water tank with a storage capacity of 500,000 gallons and various  transmission and distribution pipelines.  With respect to its Water System, the Town agrees during the Term of this Agreement: Section 1. That it shall own, operate, and maintain sole responsibility and control over its Water System up to and including the bulk sale water meter allocated to the College (which is  9.718.1.704356.0407  6 78    the agreed-upon "Delivery Point" between the Town's Water System on the one hand, and the  College's water distribution system on the other).  Section 2. That it shall maintain all equipment and operations ofi its Water System as may be necessary to continue production and maintain distribution system pressure to the College for SO long as allowed by its permit and required procedures. In addition, the Town assures that the College water tank will bel kept as full as practical during the' Term of this Agreement.  Section 3. That it shall maintain the integrity ofi its Water System, including its tanks and lines and piping up to the Delivery Point, and to repair leaks and line breaks in its Water  System as quickly as possible.  Section 4. Thati it shall deliver potable water to the College which shall, at ai minimum, meet all applicable Virginia Department of Health and/or State or Federal agency (which have the authority to regulate the' Town) drinking water standards, and will be the same quality and pressure  as that supplied to the Town's other retail water customers.  Section 5. That it shall coordinate / communicate with the College concerning any scheduled or unscheduled activities or occurrences in the Town's Water System (for either water production and distribution) that might affect the water service to the College, as well as any unscheduled events which may require additional support, to include the scheduling of transmission line, water plant, pump station, or tank maintenance, or other operations that  necessitate scheduled and/or temporary shutdown.  Section 6. That it shall provide manpower and machinery to reasonably assist the College maintenance personnel, if requested and if able, in the repair of the College's water distribution system to the College, ift the occasion that such support would be helpful should arise. Section 7. That it shall install and maintain (ati its own cost) a backup generator at the Waugh's Ferry tank location to be able to provide water to the College in the event of a power  failure.  Section 8.  That it shall sell and deliver to the College up to 2,500,000 gallons of  potable water per month to the Delivery Point, as needed by the College. Ift the College desires to purchase in excess of 2,500,000 gallons of potable water per month, then the Town will deliver such volume of water only ifi it has sufficient supply and providing such supply of water to the College will not otherwise detrimentally impact the normal operation ofthe' Town's Water System. The College shall be obligated to pay for such excess wateri in accordance with, and meet all other obligations under, this Agreement (including the requirements in Article V, Section 121 below). Section 9. That it shall read the master bulk sales meter at the Delivery Point monthly and shall measure and calculate the College's 's actual water usage each calendar year (from January  9.718.1.704356.0407  7 79    1t through December 31 of each year). It will report the monthly usage numbers to the College. At the end of each calendar year, the' Town shall provide the College with a written report of the total number of gallons of potable water delivered to the College, including by month and an annual total, for that calendar year. Usage shall be measured in units of 1,000 gallons (hereinafter, the "Total Annual Consumption"). The College shall have the right to independently read the meter(s) at the Delivery Point to verify the accuracy oft the Town's reported Total Annual Consumption of the College. Ift the College determines any such measuring meter(s) to be less than 95% accurate, then it shall notify the Town in a writing which specifies which meter(s) were SO tested and the percentage accuracy of each meter(s) tested. The Town may then: (1) test the accuracy of the meter(s) specified in writing by the College, or (2) accept the College' 's assertion and apply any monetary credit or deficit which results from the inaccuracy to any amounts owed by (or credited to) the College in the Town's next invoice, except that any such monetary credit or deficit shall be limited to meteri naccuracies during the one-yearimmediately preceding the date of the invoice to  be adjusted.  ARTICLEIV  The College's Obligations to the Town In Connection with the Town's Supply of Water to  the College, Including the College's Agreement to Purchase Water.  The College agrees during the Term of this Agreement:  Section 1. That it will maintain thei integrity ofthe College's water distribution system on its side of thel bulk sale water meter allocated to the College at the Delivery Point, including the College' 's water tank, and to repair leaks and line breaks thereon as quickly as possible.  Section 2. That it will coordinate / communicate with the Town concerning any scheduled or unscheduled activities or occurrences that might affect the water service, to include major events, fires, or other matters that will affect the scheduling of water plant maintenance or other plant operations that necessitate routine, scheduled, temporary shutdown and/or extended  operation.  Section 3. That it will provide manpower and machinery to reasonably assist the Town's maintenance personmel,ifrequested and ifable, ini the repair ofthe' Town's Water System,  ift the occasion that such support would bel helpful should arise.  Section 4. That it will allow the' Town's use ofwater stored int the College's water tank int the event of either (i) a bonaj fide emergency (such as ai major fire or system malfunction event), or (ii) during scheduled maintenance activity or other reasonable purposes (provided such is coordinated between the Town and College in advance). College shall be reimbursed by the' Town for the use of such water at a gallon-for-gallon credit on the bulk sale purchases.  9.718.1.704356.0407  8 80    Section 5. That it will place reasonable restrictions on the use of water by the College Section 6. That it will supply to the Town, prior to the beginning of the fall semester ofeach upcoming academic year, a written college calendar which shall detail College "closings" for holidays, between-term breaks, etc. during which "low-flow" periods of water usage at the  in the event of drought or other declared public water crisis situation.  College are projected.  Section 7. That it will purchase from the Town at least the following minimum amounts of potable water each calendar year, and pay the following amounts to the Town for such potable water, during the following time periods, as set forth below in Table1 1:  Table 1  A  B Annual Minimum Requirement (Gallons, in thousands) 30,000 28,500 27,000 25,500 24,000 22,500 22,500 22,500  C  D  Rate (per thousand gallons) $  Annual Minimum Payment 96,300 96,300 96,300 96,300 96,300 96,300 96,300 96,300  Period Initial Term  January 1, 2022 - December 31, 2025 January 1, 2026 - December 31, 2029 January 1, 2030 - December 31, 2033 January 1, 2034 - December 31, 2037 January 1, 2038 - December 31, 2041 January 1, 2042 - December 31, 2051 January 1, 2052 - December 31, 2061 January 1, 2062 - December 31, 2065  3.21000 $ 3.37895 3.56667 3.77647 4.01250 4.28000 4.28000 4.28000  First Renewal Term Second. Renewal Term Third. Renewal Term  Note: Subject to adjustment as set forth in Section 9, below, the Rate set forth in Column Cto Table 1 is determined by dividing the Annual Minimum Payment set forth in Column DI by  the Annual Minimum Requirement set forth in Column B.  9.718.1.704356.0407  9 81    Section 8. That the Annual Minimum Payment Amount set forthi in Column DofTable lin Section 8 above shall be divided monthly by 12 (equal to $8,025 per month) and billed by the Town to the College each month under the same schedule as other water customers, and the College shall pay that amount to the Town within 30 calendar days after receipt of each such  monthly invoice.  Section 9. That, in the event the Town adjusts the standard water usage pricing rates for other In-Town Retail Customers during the Term of this Agreement, then the Town shall likewise adjust (upward or downward) the Rates set forth in Column C of Table 1 in Section 8 above by the same percentage. The Rate, as adjusted, shall be used to calculate the Annual Minimum Payment going forward during the remainder of the Term of this Agreement (i.e., all corresponding future Rates as set forth in Column Co of Table 1i in Section 8 will be adjusted by  the same percentage).  By way of example, assume that as of January 1,2051, the rate charged to In-Town Retail Customers by the Town increases by 2.2%. For the year ended December 31, 2051, the Rate set forth in Column C ($4.28000) would automatically adjust up to $4.37416, and the Annual Minimum Payment set forth in Column D would be adjusted up to $98,418.60 (the "Adjusted Annual Minimum Payment"). In that case, the Adjusted Annual Minimum Payment shall be used too calculate the Rate going forward, and all future Rates would be adjusted by the same percentage  change.  Section 10. That, in addition to the College's payment for its purchase of minimum amounts of water from the Town as set forth in Sections 8 - 10 above, the College shall also pay tot the' Town an additional monthly fee starting July 1,2023, in the amount of $2,186.50 per month for a term of 360 months (30 years), which monthly fee constitutes the College's proportionate 15% share of the Town's total capital costs (bond payment) for the construction and interest on its Water System, and which proportionate 15% share for the College equals $26,227.20 per year. The monthly amount of $2,185.60 shall be paid by the College to the Town at the same time that it pays the minimum water usage monthly fee set forth in Sections 8-10 above. The provision of this Paragraph (Article V Section 11) shall survive termination or non-renewal of this Agreement to the extent that it is terminated / not renewed before the start of the first Renewal Term, as set  forth below in Article VI).  Section 11. That, in the event that it is determined by the' Town that the College'sTotal Annual Consumption of water during a calendar year (as measured by the Town as set forth above in Article IV, Section 9) isi in excess of the Annual Minimum Requirement for the applicable time period (as set forth above in Sections 8 - 10), then the College shall be obligated toj pay the' Town for such excess water SO used at the Rate applicable for such calendar year (as set forth above), and, subject only to its right to appeal the accuracy of the measurement of the Total Annual Consumption (as set forth above in Article IV, Section 9), the College shall make such payment  9.718.1.704356.0407  10 82    tot the' Town within 90 calendar days of the date the College receives an invoice from the Town for such excess water usage which will be billed in. January following the calendar year of usage. Section 12. That, in the event that the Town determines it is necessary to make capital improvements directly related to the Raw Water Pump Station, Water Treatment Plant, the Waugh's Ferry tank, or the line between the aforementioned facilities and the pumping station to the College, then the College will pay, based on the percentage of such capital improvement servicing and benefiting the Colege.aproportionate share for bonds issued by the Town to finance such additional capital improvements (by making monthly payments for the same time period as the bonds), but only if the College first consents to such payment obligation, after reasonable written notice: from the Town in advance, which consent shall not be unreasonably withheld by the College. Any such request for consent by the Town to the College toj pay aj proportionate share of the capital costs shall set forth thei factual bases on the need for such capital improvements detailing the proposed benefit to the College and the Town's other customers. The Parties will attempt to negotiate in good faith a written agreement setting forth the College's consent and the proportional share it will consent toj pay, and the form and timing of such payments. Ift the Parties cannot agree on consent and/or the proportional percentage share, despite their best efforts, then the Parties will  utilize Article VIII Arbitration procedures below to: resolve the matter.  Section 13. Thati it will install (at its own cost) electronic water level reading equipment at its tank with potential water quality measurement capability. The College will electronically share this data with the Town and will use its best efforts to provide a method accessible to the  Town's Supervisory Control And Data Acquisition (SCADA) system.  ARTICLEV Term of this Agreement  This Agreement shall be effective for an initial term of twenty (20) years, commencing on January 1, 2022, and terminating and ending on December 31, 2041 (the "Initial Term"). This Agreement shall automatically renew after the expiration of the Initial Term, unless otherwise terminated by the College as specifically set forth below, under its existing terms and conditions for up to three (3) additional 10-year terms (i.e.,January 1, 2042-I December 31, 2051; January 1, 2052 to December 31, 2061; and January 1, 2062 to December 31, 2071), each referred to as a  separate "Renewal Term."  Ono or before the last day oft the seventeenth (17")year of the Initial Term, or the seventh (7) year of any Renewal Term, as the case may be, the College can notify the Town, in writing (via written Notice letter sent to the Town by certified mail or overnight mail), that it does not intend torenew the Agreement. The effect of such written notice would be that the Agreement would not automatically renew for a Renewal Term at the end of the then-current Initial Term or Renewal Term. Such notice shall be effective if the Town actually receives that written notice from the College on or before the last day of the seventeenth year of the Initial Term or the seventh year of  9.718.1.704356.0407  11 83    a Renewal Term. If the Town does not receive such written notice from the College by those deadlines, then the Agreement shall automatically renew in accordance with the terms and  conditions of this Article VI.  Notwithstanding anything in the Code to the contrary, the Town shall not have the right to terminate this Agreement or otherwise suspend the College's water or sewer services set forth herein for any reason, including without limitation ai reason based on an alleged violation of the Code (including without limitation the prohibitions set forth in Article III, Sections 1 and 2 of this Agreement), or for non-payment of amounts allegedly owed to the Town, without first providing atl least thirty (30) calendar days' prior written Notice to the College ofs such intent by the Town to terminate this Agreement ort the water or sewer services set forthl herein, which written Notice shall contain a specific reason(s) for the alleged grounds of termination, and provide a cure period of at least ninety (90) calendar days to allow the College toi initiate reasonable action to attempt to cure the alleged breach / default/ / violation before the Town takes such threatened action. The College shall havet the right to seek an injunction, to oppose, or to challenge any such attempted termination of the Agreement by the Town either through injunctive relief or through Arbitration as set forth  herein.  ARTICLE VI  Acts afGad,iaaalmyyadaNllwmiew  Neither the Town nor the College shall be liable in damages to the other for any Act of God, including without limitation, strikes, lockouts, acts of public enemies, wars, blockades, insurrections, riots, epidemics, pandemics, landslides, lightning strikes, earthquakes, fires, explosions, storms, floods, washouts, restraints of rules and peoples, civil disturbances, or the binding order of any court or governmental authority outside the responsibility or control of the Party claiming non-liability, and any other like-case which, by the exercise of due diligence, such Party is unable to prevent or overcome. Failure to prevent or settle any labor strike or strikes shall not be considered to be a matter within the control of the Party claiming suspension of liability. Such causes or contingencies affecting the performance hereunder by either the Town or the College, however, shall not relieve it of its liability in the event of its own (or its subcontractors' orother sub-agents)wrongtul acts, negligence, or in its failure to use due diligence, nor shall such causesorc contingencies affecting such performance: relieve either Party fromi its obligation to make payments of amounts then due hereafter as otherwise set forth in this Agreement prior to the  occurrence of such cause or event.  ARTICLE VII Arbitration  The' Town and the College agree that, in the event any difference or controversy arises between the Town and the College with respect to the performance of any term, condition, or provision of this Agreement, ori ini the event the' Town and the College are unable to agree on any provision hereof  97184.,70A05.04007  12 84    which requires their mutual agreement and such agreement cannot be achieved within a reasonable time, then such claim, dispute, difference, controversy, or matter shall be submitted to resolution by  ar mutually binding arbitration in the following manner:  (a) The Party desiring any such matter tol be submitted to arbitration shall give  written notice by registered or certified mail to the other Party, setting forth in such notice the matter or matters which it desires arbitrated. Within thirty (30) days after the giving ofs such notice, the Town and the College shall each designate or appoint a disinterested and qualified arbitrator, and the two arbitrators SO designated or appointed shalli identify and appoint a third arbitrator, and those three arbitrators SO designated shall hear, settle, and determine by arbitration the matters in disagreement or controversy. If either the Town or the College fails to designate an arbitrator within the aforesaid thirty-day period, then the other Party shall have the right to designate a second disinterested and qualified person as arbitrator, and the two arbitrators SO appointed shall designate the  third arbitrator as hereinbefore provided.  (b) The arbitration shall be conducted according to the Commercial Arbitration (c) The findings and decisions of the three arbitrators shall bel by majority vote,  Rules of the American Arbitration Association (AAA) then in effect.  and shall be put in writing and signed by them, or by any two or more of them, and its shall be final and taken and accepted as a complete adjustment and settlement of the matters in disagreement or  controversy.  (d) The decision(s) by the arbitrators may be entered as a judgment or decree  in the Circuit Court of the County of Amherst, or in any federal or state court of record in the County of Amherst having, jurisdiction, and any such court shall have the authority to enforce such judgment or decree as if it were the judgment or decree of such court, and all the provisions of Chapter 17 of Title 8.01 of the Code of Virginia of 1950 (as amended or succeeded to by other  statute then effective) shall be applicable thereto.  (e) The arbitrators may make or cause to be made such examinations, analyses,  ori inspections as they deem necessary or proper and may examine such physical objects, facilities, maps, plans, and documents and hear such testimony as may be offered by the' Townorthe College. In addition to the applicable Commercial Rules of the AAA, the arbitrators may prescribe procedures to be followed in said proceeding and determine what testimony will and will not be  admissible.  (f) Before proceeding to act, the arbitrators shall each take the oath prescribed  by law in such cases unless waived by the Town and the College.  9.718.1.704356.0407  13 85    (g) The arbitrators shall have the authority to fix and determine the times and  places of hearing, such evidence as may be offered by the Parties, and may require that all such  evidence be given under oath.  (h) The costs and fees of the arbitration proceeding shall be borne or paid by  the Parties in such proportions as the arbitrators shall determine, which shall be a part of any  judgment or decree entered by any Court.  (i) Except in the case ofa ai request for an injunction involving no claim for money  damages, no suit or action shall be instituted by either Party hereto against the other by reason of any claim, demand, dispute, difference, or controversy arising under the terms and provisions of this Agreement unless and until the matter has been submitted to arbitration as set forth herein.  ARTICLE VIII Miscellaneous Provisions  Section 1. Amendment. No amendment or waiver of this Agreement will be effective unless iti is in writing and duly signed by both of the Parties. The Parties agree to be bound by the requirements of the Code as to the Parties' respective rights and obligations as they existed as of the Effective Date of this Agreement. The College reserves the right, however, to challenge (through court action or Arbitration) any adverse material affect toi its rights under this Agreement, or additional obligations imposed upon the College not otherwise set forth in this Agreement, that  may result from any future amendment or addition to the Code.  Section 2. Succession / Assignment. In the event of any occurrence rendering the Town or the College incapable of performing under this Agreement, any successor of the' Town or any non-profit or educational institution successor of the College, whether the result of legal process, assignment, or otherwise, shall succeed to the rights and obligations of its predecessor  hereunder.  Section 3. Counterparts. This Agreement may be executed in one or more counterparts, all of which together shall constitute the executed Agreement. The Parties may execute more than one copy of this Agreement, each of which shall constitute an original. Signatures to this Agreement transmitted by facsimile transmission, by electronic mail in "portable document format" ("pdf") form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of  the paper document bearing the original signature.  Section 4. Entire Agreement. Once again, the Parties stipulate and agree that the 1972 Sewer Agreement, the 2018 Sewer Improvement Agreement, and the 1998 Water Agreement are terminated as of December 31, 2021, and of no effect, and that neither Party has any remaining or continuing rights or obligations pursuant to any of those agreements. The Parties agree that this  97184.,70A05.04007  14 86    Agreement contains the entire understanding between thel Parties with respect to the subject matter herein (sewer and water), and supersedes all previous communications, representations, and agreements, whether oral or written, between thel Parties. Both Parties either have retained orl have at least had the opportunity to retain, at their own expense, legal counsel to assist them in the negotiation, formation, and execution of this Agreement. Neither this Agreement nor any ambiguous provision herein may be construed for or against a Party on the basis of whether such  Party proposed or drafted the language.  Section 5. Conflicts between Agreements. Ifaconflict arises between the terms of this Agreement and the terms on any other future agreement between the Parties, then the terms of this  Agreement shall control.  Section 6. Governing Law and Court Jurisdiction. This Agreement is entered into and ist to be performed in the Commonwealth of Virginia, andi it shall be governed by, interpreted, and construed in accordance with the laws of the Commonwealth of Virginia, excluding its choice of law provisions. For any matter arising under this Agreement, and subject to the Arbitration provisions in Article VIII, the Parties hereto consent to the exclusive jurisdiction of the federal or state trial courts located in (or with jurisdiction over) the Town of Amherst, Virginia.  Section 7. Headings. The headings in this Agreement are for purposes of reference only and shall not in any way limit or affect the meaning or interpretation of any of the terms  hereof.  Section 8. Severability. In the event that any one or more of the provisions of this Agreement shall for any reason bel held to bei invalid, illegal, or unenforceable, then the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal, or unenforceable provision(s)shall be replaced by ai mutually acceptable provision(s), which, being valid, legal, and enforceable, comes closest to the intention of the Parties underlying the invalid, illegal or  unenforceable provision(s).  Section 9. Notice. Any notice required under this Agreement shall be provided in writing and via (1) electronic mail and (2) certified or overnight mail delivery (e.g., UPS, Federal  Express, or similarly reputable delivery companies) and addressed as follows:  IFTOTHE TOWN: Town of Amherst Attn: Sara E. McGuffin 174 S. Main Street P.O. Box 280 Amherst, VA 24521  Email: ara.mcguffin@amherstva.gov  9.718.1.704356.0407  15 87    IFTOTHE COLLEGE: Sweet Briar Institute Attn: Luther T Griffith 134 Chapel Road Sweet Briar, VA 24595 Email: LGrifhith@sbc.edu  Vice President for Finance, Operations & Auxiliary Enterprises  Ift the individual designated for either party shall leave their employer, then their published successor shall be substituted as the notice person unless specified otherwise in writing  by the receiving party.  Section 10. Survival. The provisions of this Agreement that imply survival by their  terms shall survive the termination or expiration of this Agreement.  [THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE  IMMEDIATELY FOLLOWS]  9.718.1.704356.0407  16 88    IN WITNESS WHEREOF, the Parties, each acting under due and proper authority, and acting pursuant to: resolutions heretofore duly adopted by their respective governing bodies, have executed this Agreement below by their duly appointed officers as of the day, month and year set  forth below, and effective as of January 1, 2022.  SWEET BRIAR INSTITUTE  TOWNOF AMHERST. VIRGINIA  By.  By.  Luther' T. Griffith, Vice President for Finance, Operations & Auxiliary Enterprises  Sara E. McGuffin Town Manager  of the Town APPROVED ASTOFORM Eric1 M Lansing Toyn Attokpéy 7s1o4wy  COMMONWEALTH OF VIRGINIA COUNTY OF AMHERST)  Towit:  a Notary Public in and for the  Commonwealth of Virginia, hereby certify that the foregoing Sewer and Water Purchase Agreement was signed and acknowledged before me by Luther' T.Griffith, who represented to me that he is the Vice President for Finance, Operations & Auxiliary Enterprises for Sweet Briar  Institute.  Given under my hand this My Commission Expires: Registration No.:  day of May, 2022.  Notary Public  (Notarial Seal) 97184.,70A05.04007  17 89    COMMONWEALTH OF VIRGINIA COUNTY OF AMHERST)  Tov wit:  1,  a Notary Public in and for the  Commonwealth of Virginia, hereby certify that the foregoing Sewer and Water Purchase Agreement was signed and acknowledged before me by Sara E, McGuffin who represented to me  that she is the Town Manager for the Town of Amherst, Virginia.  Given under my hand this My Commission Expires: Registration No.:  day of May, 2022.  Notary Public  (Notarial Seal)  9.718.1.704356.0407  18 90    TOWN OF AMHERST P.O. Box 280 174 S. Main Street Amherst, VA2 24521 Phone 434)946-7885 Fax 434)946-2087  ORPORATED To: From: Date: Re:  Town Council Tracie Morgan May 5, 2022  FY22 Budget Amendment and. Appropriation  Throughout the fiscal year, Council has approved several large expenses, however, thei funds that were used to cover those expenses were not appropriated at that time. Ia am now requesting appropriation oft the  following funds for thel FY22 Budget.  ARPA lost revenue funds in the amount of $226,063, to be broken down as follows:  $25,8241 forar new lift for Maintenance. $43,313: forar new police car. $156,926 used to swap out Police salaries. car and on-person cameras for Police. on-person cameras for Police.  VML Risk Assessment Grant in the amount of $2,000 to be used toward the purchase ofs six in- DCJS grant funds in the amount of $20,756 to be used toward the purchase of the six in-car and Sale of old police car and maintenance truck through GovDeals for $9,955.95 to go to Police Security reimbursements to cover police security expenses in the amount of $2,100. Utility Forgiveness Funds in the amount of $22,022.74 that were received in thej prior fiscal year that were not claimed by utility customers. Ineed this appropriation in order to cover the "expense" created to send a check to the County in order for them to return these funds to the Iami not requesting any funds tol be pulled from reserves. All other expenses, including the second police car, ai new: maintenance truck and the purchase of 133 West Court Street are covered through the ARPA Normally when doing line-item transfers I request Mrs. McGuffin to sign approval of the transfers; however, while preparing the new budget totals, Ialso calculated the new totals after the transfers sO that Ifyou have any questions on the appropriation requests or the budget transfers please let me know.  Contingency in case needed by the end of the fiscal year.  State.  Police Salaries swap out or individual line-item transfers.  Council can adopt everything in one approval with the budget amendment.  Thank you.  Respecting the past. Attending the Bresent. Concentrating on thej future.    This document was prepared by:  Mark C. Popovich (VSB #46414) Guynn, Waddell, Carroll & Lockaby, PC 415 S. College. Avenue Salem, Virginia 24153 96A7SA896A752-7.9  Tax Map Nos.: Title Insurance:  The existence oft titlei insurance is unknown toi thej preparer  This deed is exemptfrom taxation under Virginia Code S58-SuyOO4 THIS DEED OF DEDICATION is made this IQH day of Opnic 2022 by and between AMHERST COUNTY, VIRGINIA, a political subdivision ofthe Commonwealth ofVirginia ("Grantor") and the' TOWN OF. AMHERST, VIRGINIA, a  DEED OF DEDICATION  political subdivision of the Commonwealth of Virginia ("Grantee").  WITNESSETH:  WHEREAS, the Grantor is the owner in fee: simple oft the real property located in the Town of Amherst, Virginia, that is described below and hereinafter referred to as the  "Property';and  WHEREAS, the Grantor offers to grant, convey and dedicate the Property to the Grantee in fee simple for public use, namely, a public right-of-way, including  improvements; and  WHEREAS, the Grantee is willing to accept the Grantor's offer of dedication. NOW, THEREFORE, in consideration of the mutual premises, the Grantor hereby grants, conveys, and dedicates for public use to the Grantee, its successors and assigns, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, the  following real property, to wit:  All that certain part and parcel ofland containing 0.644 acres, more or less, designated as "NEW 40' RIGHT-OF-WAY HEREBY DEDICATED TO' THE TOWN OF AMHERST FOR PUBLIC PURPOSE" as shown on the plat attached hereto as Exhibit "A" and incorporated by reference, entitled "PLAT SHOWING NEW 40' EASEMENT PROPERTY OF COUNTY OF AMHERST, VIRGINIA, AMHERST COUNTY, VIRGINIA," prepared by Thel Property conveyed herein is a portion ofthat certain lot(s) or parcel(s) ofland acquired by the Grantor by deeds recorded in thel land records oft the Clerk's Office oft the Circuit Court ofthe County of Amherst, Virginia, as Instrument Number(s) 110002676 &  Hurt & Proffitt, dated December 22, 2021.  110002874.  (00459027.DOCK)  92    This conveyance is made expressly subject to all: restrictions, conditions, rights-of- way and easements, ifany, contained in duly recorded deeds, plats and otherinstruments constituting constructive notice in the chain of title to the Property conveyed hereby, insofar as the same affect the Property, which have not expired by a time limitation  contained therein or have not otherwise become ineffective.  WITNESS the following signatures.  GRANTOR:  AMHERST COUNTY, VIRGINIA By: TR Title: County. Administrator  Approved as to Borm:  CountyA  R  COMMONWEALTH OF VIRGINIA COUNTY OF AMHERST, to-wit:  The foregoing instrument was acknowledged before me this IQHA day of  Opud Virginia, Grantor.  2022 by Dean Rodgers, on behalf of the County of Amherst,  BaGnom.Rco.  Notary Public  0 MY 205667 ALTH OF  aCOmmiss/on Expires:0oumBer, 30, 202a.  ACCEPTANCE OF DEED TO FOLLOWI  )  (00459027.DOCX)  93    ACCEPTANCE OF DEED  The foregoing Deed of Dedication is formally accepted by the Town of Amherst, Virginia, in accordance with Section 15.2-1803 ofthe CodeofVirginia (1950, as amended).  GRANTEE:  TOWN OF. AMHERST, VIRGINIA  By:  Title: Town Manager  COMMONWEALTE OF VIRGINIA COUNTY OF. AMHERST, to-wit:  The foregoing instrument was acknowledged before me this  day of  2022 by Sara E. McGuffin, on behalf of the Town of Amherst,  Virginia, Grantee.  Notary Public  (00459027,.DOCX)  94    ACCEPTANCE OF: DEED  The foregoing Deed of Dedication is formally accepted by the Town of Amherst, Virginia, in accordance with Section 15.2-1803 oftheCodeofVirginia (1950, as amended).  GRANTEE:  TOWN OF. AMHERST, VIRGINIA  By:  Title: Town Manager  COMMONWEALTE OF VIRGINIA COUNTY OF AMHERST, to-wit:  The foregoing instrument was acknowledged before me this  day of  2022 by Sara E. McGuffin, on behalf of the Town of Amherst,  Virginia, Grantee.  Notary Public the Town APPROVED ASTOFORM Eric7 M Lansing Topn Attokpéy ud  (00459027.DOCK)  95    STORMWATER DETENTION AGREEMENT FOR  LYNCHBURG ROAD  THIS AGREEMENT, made this  day of  between the  Town Council of Amherst (the "Town"), party of the first part, and the Commonwealth of Virginia, Department of Transportation ("VDOT"), party of the second part, for the purpose of satisfying 24 VAC 30-91-110 of the Subdivision Street Requirements for the addition of subdivision streets for this  development.  RECITALS  R-1 The Town has approved, or anticipates approval of, certain plans for a subdivision, named Lynchburg Road, the streets of which are intended for acceptance into the Secondary System of R-2 Included in said subdivision are certain easements and rights of way for the purpose of constructing, operating and maintaining present or future stormwater drainage facilities including necessary inlet structures and other pertinent facilities for removing water from said streets. R-3 As a prerequisite for accepting any subdivision street into the Secondary System of State Highways, an adequate and acceptable method for transporting stormwater runoff from said street to a R-4 Pursuant to 24 VAC 30-91-110, L, 20 of the Subdivision Street Requirements, when detention provisions are incorporated into stormwater drainage facilities, "the governing body shall, by formal agreement, and as a prerequisite for the transfer of jurisdiction over the street to the department, acknowledge that the department is not responsible for the operation, maintenance, or liability of the stormwater management facility or facilities associated with the subdivision" before such streets are accepted as part oft the Secondary System of State Highways. Stormwater detention facilities" as used in this agreement shall be limited to detention/retention facilities outside of the right of way dedicated to public use purposes for streets to be accepted into the Secondary System of State Highways. NOW, THEREFORE, in consideration oft the premises, the mutual covenants stated herein, and other good and valuable consideration the receipt and sufficiency of which is acknowledged by all parties liability for these stormwater detention facilities except in cases of physical damage resulting from road construction projects administered by' VDOT. This Agreement does notr relieve the parties thereto of their rights and obligations pursuant to Stormwater Management Regulations 9 VAC: 25-870 et seq. and related state regulations as amended or modified from time to time. Further, the County agrees not to hold VDOT liable for damages resulting from the County's failure to enforce County ordinances and regulations arising from improper maintenance or construction of these stormwater detention facilities. assist in the denial, settlement and/or litigation of claims for damages from the operation and  State Highways.  natural water course is required.  hereto, the parties hereto agree as follows:  1.  The Town agrees that VDOT has no maintenance, upkeep and/or repair responsibility or  relating to stormwater flow. 2. 3.  The Town will not seek indemnification or contribution from VDOT to correct damages Upon the Town's request, VDOT will cooperate with the Town in a reasonable manner to  maintenance of these stormwater detention facilities.  97    4.  The parties expressly do not intend by execution of this Agreement to create in the  public, or any member thereof, any rights as a third party beneficiary, or to authorize anyone not a party hereto to maintain a suit for any damages pursuant to the terms or provisions of this Agreement. In addition the parties understand and agree that this Agreement is not to be construed as an  indemnification against third party claims. Subdivision Street Requirements.  5. 6. Highways.  VDOT agrees to recommend that the Commonwealth Transportation Board accept, as The parties hereto agree that the provisions of this Agreement may bei invoked by  part of the Secondary System of State Highways, new subdivision streets which meet all provisions of the reference in any resolution of the Town requesting any future addition to the Secondary System of State  Witness thei following signatures and seals:  Approved as to form Town Attorney Approved as to form Office of the Attorney General  Town Council of Amherst  By: (Title)  COMMONWEALTH OF VIRGINIA DEPARTMENT OF  TRANSPORTATION By:  Commissioner  COMMONWEALTH OF VIRGINIA, CITYICOUNTY OF  to wit:  (Name).  acknowledged the foregoing  instrument before me this  day of  NOTARY PUBLIC My commission expires:  COMMONWEALTH OF VIRGINIA, CITY/COUNTY OF  to wit:  (Name) second  Commissioner, party of the  part, acknowledged thei foregoing instrument before me this  day of  NOTARY PUBLIC My commission expires:  98    $33.2-339-1 Town Addition to Secondary Route  Extension ofLynchburg Road (Route 1125)  RESOLUTION  WHEREAS, the Town of Amherst has authority pursuant to $33.2-339, Code ofVirginia, to request the addition ofr mileage to the Secondary System of State Highways as long as all proposed mileage conforms to specific Virginia Department ofTransportation (VDOT) requirements addressing widths ofright-of-way and not exceeding the 0.25 mile limitation of maximum allowable new Secondary System mileage per VDOT fiscal year. WHEREAS, the Town of Amherst and the Virginia Department of Transportation have entered  into an agreement on the day of Road, which applies to this request for addition.  2022 for stormwater detention for Lynchburg  NOW THEREFORE BE ITI RESOLVED, the Town Council oft the Town of Amherst requests the Virginia Department ofTransportation to add the segment(s) described on the attached Form BE: ITI FURTHER RESOLVED, the Town Council of the Town of Amherst does guarantee to the Commonwealth of Virginia a clear and unrestricted right-of-way of4 40 feet, as required by VDOT Secondary Highway System policy and including all: necessary easements for cuts, fills  AM-4.3 to the Secondary System of State Highways.  and drainage structures for the segment(s): requested tol be added.  99    TOWN OF AMHERST Office of the Town Attorney  P.O. Box 280 174 S. Main Street Amherst, VA 24521  Eric M. Lansing, Esq. Deal & Lacheney P.C. TOWNA ATTORNEY erclamangeamresmalus PHONE: (888)456-1547 FAX: (877)457-1231 FROM: TO: DATE:  Mailing Address: 174S. MAIN STREET P.O. Box: 280 AMHERST, VA24521  Eric M. Lansing, Town Attorney  Mayor and Town Council of the Town of Amherst  May 5, 2022  SUBJECT: Draft amendments to' Town Code S8 20-8 and 20-9  Dear Mayor and Councilors:  Per the Council's discussions since January, I have drafted several ordinances, each representing four distinct views on the Town'sprohibition on skateboards and bicycles Downtown. Previously, I had presented three options for revising our ordinance on skateboards, reflecting input from Councilors (previously labeled as options "A,""B," and "C"). In light of continued requests from Council members, Option A has been divided into two options ("Al" and "A2");  and Option C has been revised, as discussed in the pages that follow.  Itis aj privilege to serve the Council.  Kind Regards, EZ Town) Aetorney  100    Option A1: Pohibisskatehuardsony, on sidewalks in the Downtown Area, and only during business hours. (Prohibits bicycles on all  sidewalks in the Town, at all times.)  Option A1  $20-8.- - Operation of bicycles on certainsidewalks.  No person shall ride a bicycle on a sidewalk. Each violation of this section shall-eenstitte-a  Clas+misdememehe punishable by a civil penaltyo of$50. $20-9.- Operation of skateboards on certain sidewalks.  No person shall ride a skateboard on a sidewalk in the Central Business District (as that district is defined in the Amherst Zoning Map) from Monday through Saturday, from 7am to 6pm. Each violation of this article shall cemstiue-Cless-+misdememerbe punishable by acivil penalty  of$50.  Attorney's Comment. This draft ordinance (labeled "Option. A"ini my. January 31 memo) was designed to accommodate feedback from several Councilors at the Council's meeting on January 12. It would revise the prohibition on skateboards on sidewalks, SO that the restriction applies only to the Downtown Area during business hours. It would also change the penalty (for both skateboards and bicycles on sidewalks) from a class 4 misdemeanor to a $50 civil penalty.  Additional notes on Option A1  101    Option A2. Prombisskatchoardson), on sidewalksi in the Downtown  Area, but at all times.  Option A2  $20-8. - Operation of bicycles on certainsidewalks. Cla-mindememeebe punishable by a civil penalty of$50. $20-9.- Operation of skateboards on certain sidewalks.  No person shall ride a bicycle on a sidewalk. Each violation of this section shall-constiute-a  No person shall ride a skateboard on a sidewalk in the Central Business District (as that district is defined in the Amherst Zoning Map.-pem-Menday-tghS-nyfFROR-7emHe-6P.m. Each violation of this article shall eRSHeaClass--+isdeeamesDe punishable by a civil penalty  of$50.  Attorney's Comment. Option A2, prepared in response to Mrs. Turner, is almost identical to  Option A1; but the text is green would be removed.  102    Option B. Repeals the prohibition on skateboards and bicycles on  sidewalks.  Option B  See4s-OperatieeerBRsiewals: Ne-persen-shal-ide-bieyele-nas Sidewalle  Class+misdemeBneF.  See-20--Operationofskateloarts-em-eeriai-Sidewalss.  NepetsOR-SHAFReeSKaeBeAR CassmisdemeBReE  Attorney's Comment. Option B was prepared to reflect the guidance of Ms. Wheaton. It would repeal 88 20-8 and 20-9 of the Town Code. In effect, it would allow the use of skateboards and sidewalks at all times andi in all public sidewalks throughout the Town, without imposing any local restrictions on the use of bicycles and skateboards. Virginia Code 88 46.2-904 and 46.2-905 contain various statewide safety regulations for bicycle riders (although they do not impose  statewide regulations for skateboard riders).  103    Option C. Requires skateboarders and bicyclists to yield to pedestrians, and prohibits them from impeding a business or other  public building.  Option C  Sec. 20-8. - peration-ebieyeleyelrer-erasidewalks.licvcles and skateboards to vield Nepmiesmsie A. Ap person riding al bicycle ors skateboard on a sidewalk or across ar roadway onac crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before B. No person riding a skateboard on a sidewalk shall thereby (I)interfere with al business conducting its trade. (2)interfere with access to or egress from any building open to the public (including but not limited to any business. office. school. government building, place of worship, or assembly hall), or (3) use a sidewalk for tricks or stunts without the . "Interfere, * for purposes of Subsection B. shall mean to hinder, delay. or obstruct. Factors for determining interference include (1) the extent and duration of the skateboarder's presence in front ofal business or building: (2)whether the skateboarder was traveling to a fixed location, or going back and forth in front of the business or building: (3) whether the skateboarder was asked to leave by any owner, shopkeeper, patron, member, staff person, or other individual having a legitimate interest in the business. building, or its affairs: (4) the extent of hazard or difficulty imposed by the skateboarder on any individual trying to patronize or support the business or building: and (5) the speed of the skateboard and its proximity to any individual in its path. D. Each violation of this Section shall be punishable by a civil penalty of not more than  top pedestrians on sidewalks. Cass-midemeBneE  overtaking and passing any pedestrian.  purpose of transportation.  $50.  See.20-9. Operatien-efskatebeards-enreerteertainsitewalks.  Ne-persen-Sha-F Cass-midemeBReE  Attorney's Comment. This optional revision is based on a suggestion from Sara Carter; and since the Council's last discussion of this ordinance, it has been further revised to reflect guidance from Mrs. Carton, who requested that the ordinance be drafted to (1); prohibit the use of skateboards in al loitering or trespassing manner, and (2) safeguard the rights of Town citizens who  use skateboards as their only mode of transportation.  104    TOWN OF AMHERST P.O. Box 280 174 S. Main Street Amherst, VA2 24521 Phone 434)946-7885 Fax 434)946-2087  ORPORATED To: From: Date: Re:  Mayor and Town Councilors Sara McGuffin May 9, 2022  Appointments to Commissions and Boards  There are several appointments to Commissions and Boards that expire on June 30th. Please find below the list ofthose currently serving and whether they wish to be reappointed.  Name Anne Webster Day  Board Planning Commission  New Term  Willing to Serve?  7/12022-6/30/2026 yes 71202022-6302026 yes Circuit Court  John Vandervelde Planning Commission  Marvin Hensley Board of Zoning Appeals 5years, appointed by NO, need appointee  Sharon Watts Turner Bessie H. Kirkwood  Economic Development 71/2022-7//2026  yes  Authority Authority Property Maintenance Investigation Board  Kim Odell Stein Economic Development  7//2022-6/30/2026 NO, need appointee 7//2022-6/30/2026 yes  Staff requests that those that are willing to be serve be reappointed at this meeting. Ms. Hunt has been advertising for the openings. Ifyou have any suggestions for staffto contact regarding the openings, please let us know. The Town will need both a Board of Zoning Appeals member and  an Economic Development Authority member.  Respecting the past. Attending the fesent. Concentrating on thej future.    Page 1 of 147  TABLEOFCONTENTS  CHAPTER: 24. ZONING. ANDSUBDIVISIONS: ARTICLELIN GENERAL. ARTICLEIL.. ADMINISTRATION ANDE ENFORCEMENT. DIVISION 1.GENERALLY. DIVISION:2. SITEI PLANI REVIEW*. DIVISION: 3.F PLANNING COMMISSION", DIVISION 4. BOARD OF APPEALS;. APPEALS*. DIVISION: 5. VIOLATIONS. ANDI PENALTIES. ARTICLEIIL. ESTABLISHMENT OFZONINGI DISTRICTS; ZONINGN MAP. ARTICLEIV. ZONING. DISTRICTI REGULATIONS. DIVISION 1.GENERALLY. DIVISION:2.1 E-1 BUSINESSI PARK DISTRICT. ARTICLEV.I FLOODPLAINS. DIVISION 1.GENERALLY. DIVISION 2.1 FLOODPLAINI DISTRICTS. DIVISION: 3.I DISTRICTI RESTRICTIONS. ARTICLEVI.I PLANNEDI UNITI DEVELOPMENT. ARTICLE VIL. AMBRIAR. ACCESSI MANAGEMENT. ARTICLE VIIL. SUPPLEMENTAL: ZONINGI REGULATIONS. DIVISIONI 1.GENERALLY. DIVISION 2. OFF-STREETI PARKING. DIVISION 3.0 OFF-STREETI LOADING. ARTICLEIX.: SIGNS.. ARTICLEX. MANUFACIURED HOMESA ANDMANUFACTURED: HOMEE PARKS. ARTICLEXI. WIRELESS TELECOMMUNICATIONSEACILITES: ARTICLEXIL. LANDSCAPING. ARTICLEXIIL: SUBDIVISIONS GENERALLY*. ARTCIEXIV-SUBDIVISON, PLATTINGI REQUIREMENTS ARTICLEXV.SUBDIVISION DASIGNSTANDABDSANDSANDREQUIREMENTS,  32 36 38 41 43 46 46 55 63 .63 .67 68 70 76 84 84 98 103 104 108 112 127 131 136 143  AE  2  106    Page2d of1 147  Chapter 24 ZONING. AND: SUBDIVISIONS*  *Editor's note- The 2003: Zoning Ordinance was adopted on May 14,2003, and effective on. June 1,2003. It was amended ont thef following dates: May 12,2 2004; March 14,2 2007; September 12,2007; June 11,2 2008; August1 11,2 2010; March 14,2012; Julyl 10, 2013;1 February 18, 2014; December 10, 2014; October 14,2015; September 12, 2018; January 9,2 2019; December 11, 2019; and October 14,2 2020. Subsequent amendments: arei indicated byl history notesf following amendeds sections. Statel law reference-Planning.: subdivisionc ofl land and zoning, Code of Virginia, $1 15.2-2200ets seq.; zonings generally, Code of Virginia, $1 15.2-2280ets seq.; lands subdivision: and development, Code of Virginia, $ 15.2-2240ets seq.  ARTICLELING GENERAL  See. 18-101-Autherity tee establishzening determine the fellewing:  Pursuanti to Code of Vigmi:52-28Ae4 amended, any loeality mayby-ordimane, elassify thet territory underi itsj jurisdictienert any-substantial portiont thereef mte distriets-efs such-mumber, shape and Size as tmay deem best suited te earry out the purpeses-efz zoning, and-in-each distrieti tmay-regulate, restriet, permit, prehibit, and  Theuseef! land, Budig.SEREHReS, and fleedplain and other specilie uses; The size, height, area, bulk, leeation, maintenanee, fazing, OF femeval rofstruetures;  geleakbasinessindstiakidemiak, sie-ReRNsieN-repis,  The areas and dimensions ef land,water,and airspace te eccupied Sybaidings-SReres: and uses, and ef courts, yards, and ether open-s space be leftuneceupied by-uses ands sirveares-imeluding variationsi i thes sizes ef lots baseden whether publie community Py-y.eaA  availables and used;eF the-exeavation OF miningofseile Horother (Zening Ord.2003, 1017 See. 18-102. Autherity ptE  eurees:  Pursuant 401522240efuhe4 Cede et Virginia, 1950,asa amended, the governing bedyefeves-lealiys shall adopta an erdinanee tei assure theorderlys wbdvision-efland and its development. Pursuant tes 15.22241-efthe Cede of Virginia, 1950, as amended, a ubdivision ordinanee shalli include reasenable regulations- and previsiens  that applyt 0er previde:  plat details shall meett the standard-for plats as adepted unders 42.182othe Virginia-Puble Fert hhet ecordination of streets within and eontiguoust tet he subdivision withotherexisting orplanned within the general area ast te lecation, widths, grades and drainage, neluding, for erdinanees and amendments therete adepted onorafter) January , 1990, for the ceordinationel suchs streets withexisting eri planned streetsi  existing er future adjacent OFe contiguoust te adjacent subdivisiens; Fer adequate previsiens for drainage and fleod centrel and ether publie purpeses,a and forl light and air, Fert the extent tet whieh and the manneri in which streets shallE be Fahgmsieranie impreved and water and storm ands sanitary sewer and ether publiet Hilities-erother community faeilities-areto-be Fer the acceptanee ofe dedieation for publie use of any right of way leeated within anys subdivision- OF section-t thereef, which hase constructed OF propesed tel be constructed within thes subdivisien OFt section thereef, any street,eurb, gutter, sidewalk, bieyelet trail, drainagee OF sewerages system, waterline as partof apublie system OF other mmprovement dedieated for publie use, and maintained by the leeality, the Commenwealth, OF ether publie ageney, and for the provisien of other site related improvements Fequired by leeale ordinances forv vehicular ingress ande egress, aiag-ai-palsaw ande centrel,  Recerds Aet(s 42.1-76et seq))  and fori identifying seil charaeteristies;  installed;  107    Page 3 of 147  eFi publeaccess streets, for structures necessaryt teensure stablity-eferitieal- slepes, and fors stormwater nanagement faeilities, fimaneederto-be-fimadim-holeorinpartbypivatet funds only ifthe-owner developer )-eertilies-t te the geverning bedy-thatt the-construetion cests! have-been paid te the persen censtrueting suchf fasiie--umidasiet theg oveming-andyaceifertifedéheskeresha eserow in the of the estimated cosis-ofconsiretione FEPemeAepNee property bond, with surety Fy te the governing 8yoFNE-desgmaetaamAvesge8y-#PRSUN suflicient for ned upen the censtruction-et sueh-faelhtes,eF A-CeRHEL-eF-te-CRSERAEOR-GF such the governing ayadgmadaia.wraine: titution, the-amountt and the m-fiemuaifaeheaksww,hamdekstera edit shall net exceed the maafle-simanicnaesst-wipse-ee publie private secter construetion H the leeality anda-reasonable owaRce-eremad. administrative eests, inflation, and petential damage aangae.wA twenty five lfadevelopert recerdsa af final plat which may beasectienet subdivision as showne en an appreved preliminary plat and furnishes tet the governing bedyae certified check, eash eserew, bend, OF letter of eredit int the amount of the estimated eest ef construction of the facilities te be dedieated within said section-f for publie usei and maintained by the leeality, hgCepmonwealt OF ether publie ageney, the develeper shall havet therighttrecrdt the remaining eétions shewn On the preliminary plat foraperied ef five-years from the recerdation- date of the first séetion, or for such enger peried as the leeal commissien OF ether agent may, at the appreval, determine be reasenable, taking inte consideration thes size and phasing oft thes propesed development, subjeette theterms and cenditions of this subsection ands subjeet te engineering ande construction- standards and zoning requirements- ine effeet att thet time that each remaining seetioni is recorded. In the-eventa governing body efa coutywherein- the highway systemi is1 maintained by the Department of rait sportation, has aeeepted the dedieation of a fead for publie use and such reade due tet factors other thanits quality of construction is not acceptable intet the secendary system ofstate highways, then such governing bedy may,fse previded by its subdivision erdinanee, require the subdividerer develeper e furnish the county with a maintenance and indemnitying bond, with surety salisfactery the governing bedy OF its designated- administrative ageney, an amount suflieient for and-conditioned- upen the maintenance of such read until such time 1S H 1S accepted intethe secer dary-system ofstate highways. In lieu of such bend, the governing body er is designated administrative- ageney may accept a bank OFS savings institution's letter of eredit on eertain designated fundss satisfaetory to the governing body Orits designated sdainismesgsyire thel banke eFsMing-imstsuiaate amount and the form, OF accept ---. sufficient for and conditioned upont the maintenanee efs such Fead until such time a-tis-accepted" inte the secendary system of state highways and assume the subdivider's OF develeper's liability for maintenaneet of suchr read. Maintenaneet of such read" as used in this section, means maintenanee-ef the streets, eurb, gutter, drainage facilities, utilities OF other streeti imprevements, ineluding thee correction of defeets-er damages and the remeval of snow, water OF debris, se-as te keep-such read feasenably-open Fer eenveyance, in appropriate eases,ef cemmen OF shared easements tet franchised eable television eperators furnishing eable television and publies service corperatiens furnishing eable televisien, gas, telephene ande electrie service tot the propeseds subdivision. Such easements, the Hecation of which shall bei adequate for usel by publie service corporations and franchised eablet televisien eperators which may e expected to-eccupy them, may-bee conveyed by-reference ent the final plat teadeclaration oft the terms and cenditions ef such commen easements and recerdedi in thel land recerdse of the county-ereity; FOrF aRHReNisefepeiiew types-to-bei insialedesiablishing: street and property lines; That unless aj plat is filed for recerdation within six menths after final approval thereef OF such lenger peried as may bea approved! by the governing bedy,such apprevals shall bev withdrawn and thes plat marked void and returned tot the appreving efficial; however, in any ease where construction of facilities tel be dedieated for publie use hase commenced pursuant te an appreved plan eF permit with surety appreved  hke-surety,  andsecenditiomed:erfi/-fumishes  erning bedy  SMgF-RSERR*eFaAe funds  percente oft the estimated construction cests-  ferpublieusage:  108    Page 4 of 147 the develeper has furnished such facilities, the time for  by the governing! bedy OF its designated bend, erlettere oferediti  thea amount oft thee estimated-eoste et  surety-te-the governing bedy OFt its-desigmated administrative ageney y certed-eheek,easi eserow, plat recerdation- shall be extendedt te ene-year alter final-approwalert te the time limits specilied i the surety agreement appreved byt thegovering bodyorisdegmsted: yee Fert thet administration- and enfereement of sueh Ordinanee, noti ineonsistent with previsions eontainedi in thise ehapter, and specilieally for thei impesition ef reasenable fees ande charges- fort the reviewef plats and plans, andt fort thei inspection of faeilities required byany sueh Ordinanee tet bei installed; sueh fees and eharges shall in nei instance exceed an amount commensurate with the services rendered taking inte censideration thet time, skilla and AdRisFReFseMpeRse invelved.All suche eharges heretofore made are Fori reasenable previsions permitingesingle division ofalete Or pareel fort thet purpese of saleerg gift-te a-memberef thei immediate family-efthe Preperty-ewerina accordanee-with the provisiens ef $15.2 andlleft the Code #-.--- the periedie partial and final complete eseefamy-bemdesereterafeskwrshrpeemmteEMEhsegPiRe by the governing sedy-undert this-sectioni  Code-efVirginia, 1950,  greater;  hereby-validated  as-amended: (Zoning Ord.2003, See. 18-103.1 Enactment. For the purpese of prometing thel health, the Objeetives artieulated abeve,t thet erdinance fort theTewnef Amherst,Virginia. (Zening Ol-203.18--103) Sec. 24-1. Short title. This chapter shall bel known: ast the "Zoningands (Zoning Ord. 2003, $1 18.1-104) Sec. 24-2.1 Definitions and rulesof construction.  02)  and subdivision  oft the Towno of Amherst, Virginia."  sasvisidyorimmged -/  E  (a) Generally. Except as ohevis-poidaperin, all words shalll havet the customary dictionary meaning. Thej present tense includes the futuretense. The singular number includes the plural and the plural includes the singular. The masculine gender includes'the feminine and neuter genders. The term "person" includes a firm, corporation, association, organization, trust or partnership. The term "lot" includes plot or parcel. The term "building" includes structure. The term' "shall" is always mandatory. The term' "used" or' "occupied," as appliedto any land orb building, shalll bec construed toi include thet termsi intended, arranged, or designed to beu used or occupied. (b) Specific definitions. The following words, terms and phrases, when usedi int this chapter, shalll have the meanings ascribed to themi int thiss subsection, except where the context clearly indicates a different meaning: Accessory building, use or structure means al building, use or structure ont thes same lot with, and ofa ai nature customarily incidental and subordinate to, the principal use ors structure. Examples of accessory uses are private Administrator, zoning, means thet town: manager or his designee whoi is charged with the enforcement oft this Alley means aj passage orv way opent tot thep public orf for private travel, generally affording: secondary vehicular access toa abutting lots or upon whichs service entrances or buildings abut, andi noti intended for general traffic. Antique and gift shop means a commercial establishment whichi is used primarily for thei indoor display and retail sale ofr merchandise, primarily furniture, silverware, glassware and other curios and collectibles, the value of  garages, storage sheds, playhouses and swimming pools and satellite dish antennas.  chapter.  Animal hospital. See Veterinary hospital.  109    Page! 5 of 147  whichi is derived from age, rarity and materials ofs suchi items and/ort the workmanship ofap particular historic period; Apartment means a unit inar multifamily dwelling foras single family in which separate access tot the outside is usually not provided, and in which the major orientation oft the unit is horizontal rather than vertical; or any Automobile graveyardr means any lot or place, orp partt thereof, whichi ise exposedt tot they weather and upon which more than five motor vehicles of any kind incapable of being operated, and whichi it would notl be economically Automobile service station means any area of land, including structures thereon, used for the retail sale of gasoline or oil, automobile accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise: servicing automobiles, bute excluding painting, major repair, or automatic washing. Base mapi means a document on which property lines are depicted tot thei most accurate scale available. Bed and! breakfast lodging means as single-family dwelling containing sleeping and! breakfast accommodations as an accessory use to the principal use. Such lodging shall have no more than five room accommodations for transient persons and wherein a chargei is normally paidf fors such accommodations. Boardo ofo appeals. Thet town board ofz zoning appeals as established under this chapter. Bufering or screening means any device or natural growth,pr a combination thereof which shall serve as a barrier to vision or noise between adjoining properties wherever required by this chapter. Whenever used for screening or buffering purposes, the term "natural growth" shall be.t taken to mean evergreen trees, bushes and Buildable areai means the: areac ofa al lot remaining afteri requiredy yards, open spaces, parking, loading and: access Building means any structure designgorimendeior: support, enclosure, shelter, or protection of persons, Building, height of, means the verticaldistance: measured from thel level of approved street grade opposite the middle oft the front oft the building,totheh highes.point ofi roof surface ofaf flati roof; tot the deck line ofar mansard roof; andt tot ther mean! height levelbetwéen eaves andi ridge ofag gable, hipo or gambrel roof;i int the case ofal building setb back from the street line 351 eradoveltpbuiling! heightis measured fromt the: average elevation ofi finished ground surface alongt the front ofthe building; and on corner lots exceeding 20,000: square feeti in area, the height Building inspector meansthe duly appointed building official responsible for enforcing the provisions oft the Uniform Statewide Building Codewithin the town orl his deignatedrepresenuive. or agent. Building, main, means a building in whichi is conducted the main or principal use of the lot on which said Building a-permit means aj permit whichi isi issued by thel building inspector before al building or structure is started, improved, enlarged or altered as proof that such actioni isi inc compliance with the county building code. Bulk. storager means aboveground: storage ofl liquid ine excess of1 1,500g gallons. Cemetery means Apihayerdanahow-- and/ereperated placef for buriale oft the dead wherel lots may be seld and perpetuale eareoft the gravesi isf furnished anyl land or structure used ori intendedt tob be used fort thei interment of human remains. Thes sprinkling of ashes ort their burial inab biodegradable container on church grounds ort their placement ina a columbarium on church property shall not constitute the creation ofa ac cemetery. Statel law reference-Mandatonyl provisions, Code of Virginia, $81 15.2-2288.5, 54.1-2310. Day Childcare center means ai facility operated for thep purpose of providing care, protection and guidance to agroup of children separated from their parents or guardians during part oft the day only, andi meeting thel licensing requirements for childcare centers of seetion X-A Code of Virginia. title 22.1. ch. 14.1, art. 3(Code of Virginia, $22.1-289.1 10ets seq.), as amended.  fleai markets andi furniture stores shall not bei included.  condominium unit ofs similar physical character, appearance and structure. practical tor make operative, are placed, located or found.  shrubbery. areas havel been provided. animals, chattels or property.  oft thel building may ber measured.from either adjoining curb grade.  buildingi iss situated.  110    Page 6of 147  Circuito courti means the Circuit Court of Amherst County, Virginia. Commission: thep planning commission oft thet town. County means. Amherst County, Virginia.  Club, private, means ane establishment operated fort thes social, education, or recreation benefit oft the members thereof, in whichr noe enterprisei is conducted, excepti fort thec convenience oft the members thereof and their guests. Commercial: means ay wholesale, retail, ors service business activity established to carry ont trade for ap profit. Condominium: means a single uniti ina ai multiple unit residential ord commercial structure thati is offered for sale ands shall bej part ofa a condominium project with general common elements as definedi in Code of Virginia, $55.1- Craft brewery means a facility that produces and distributes beer or other fermented malt beverages in quantities not exceeding 15.000b barrels (15.0001 BBL)per year and aty which! beer. ale or other fermented beverages ares served to customers for on-premises or off-p -premises consumption and at whichf foodi may bes served. Craft distillery means a facility that produces and distributes spirits, as defined in the Alcoholic Beverage Control Act, inc quantities note exceeding 36.000 gallons ofa alcoholic beverages other than wine or beer per calendar year and at whichs such spirits produced at such facility are servedt to customers for on-premises or off- premises Cul-de-saci means a street with only one outlett terminatingi inacirculart turning area. Dancel hall means al building opent tot the general publici for purpose ofprovidinga aplacet for dancing and where ana admissioni is charged for the purpose ofr making: a profit, excepty whensponsored by civic, charitablec or nonprofit Development means at tract of land developed or tol bedevelopedas: a upit under single ownership of unified control which is tol be used for any business ori indistrialpurpose ori is to'contain five or more residential dwelling District means as section or area oft thet town withiny whichthez zoning regulations are uniform. Domestic use means normal family orhousehold use of water, including drinking, laundering, bathing, Drainfield: spacer means anareas setasideand dedicatèd for usei int the: absorption ande evaporation off fluid from Dwelling means any building orportion thereof whichi is designed for or used fori residential purposes. Dwelling, multifamily, means al building designed for or occupied exclusively by three or more families living independently of each other in three ar more dwelling units; the term "multifamily dwelling" includes Dwelling, semi- detached, means aresidential unit oni its owni individuall lota attached toc one, and only one, other residential unit whichi iss separated from thec other unit by a common vertical wall with no openings. Dwelling, single-family, means a building designed for and occupied exclusively by one family in a single Dwelling, two-family (duplex), means al building designed for or occupied exclusively by twoi families living Dwelling unit means one orI morei rooms ina a residential building ori ina ai mixed building which are arranged, designed, used ori intended for use by one family, and which include lawful cooking space and lawful sanitary Easement means a grant by aj property owner oft the use of land for a specific purpose or purposes by the Emergency services means emergency services include fire, police, rescue squads and other similar activities.  2000, as amended.  consumption: and at which food may be served.  groups. units.  cooking, heating, cleaning and flushing toilets.) ani initial and/or existing on-site seweragesystem,  condominiums ofs similar physical appearance, character ands structure.  dwelling unit.  independently ofe each otheri int two dwelling units. facilities reservedi for the occupants thereof. general public, a corporation, orac certain person.  111    Page 7of 147  Engineer means aj person designated asa al licensed professional engineer by the Commonwealth of Virginia. Family, except as provided in Code of Virginia, SS 15.2-2292 15.2-2292.1. means one or more persons occupying: as singlec dwelling unit, providedt that, unless allr members arei related by bloodo or marriage, nos such family shall contain more than five persons, but further provided that domestic servants employed on the premises may be Flood means a general temporary inundation ofl lands not normally covered by water that are used or usable Flood hazard areas means thei maximum area oft the floodplain whichi isl likelyt tol bet flooded once every 100 Flood, 100-year, means a flood that, ont the average, is likely to occur once every 100 years; that has one Floodplain means ana area, usually ai relatively flat orl low land area adjoining ai river, stream, or watercourse whichi iss subject top partial ord complete inundation; or ana areas subjectt tot the unusual andi rapid accumulation orr runoff Floodproofing means a combination of structural provisions, changes.or adjustments to properties and structures subject tof flooding required for new construction: int the floodway by thec county! building code. Floodway: means the channel ofas stream or other aysar4et areas required to carry Floor area means thes sum oft the gross areas oft thes agyy measured from the exterior faces ofe exterior walls or from thec center lines ofy walls separatingtwol buildings.  housed ont the premises without being counted as ai family. by man. Concurrent: mudslides: shall bec deemed tol bei included int this definition. years orf for whichi mudslides can ber reasonably anticipated. percent chance ofc occurringe eachy year, although the flood may occuri ina any year.  ofs surface waters from: any source.  and discharge the waters oft the 100-year flood. (1) Inp particular, floor areai includes: above curbl level; Elevator shafts ors stairyelsateachpor Floors spacei inp penthouse more;  Basement space, except such spacei inabasement whichhas atl least one- third ofi its height below curb level, and whichi is locatedin ar residential.building with not more than two stories entirely Attic space (whether ornot afloorhasbeen) laid) providing structural headroom of eight feet or Floors space inc open orr roofed terraces, exterior balconies, breezeways, or porches, ifr more than 50 percent oft thej perimeter of sucht terrace, balcony, breezeway, or porchi is enclosed; Any other floor space used for dwelling purposes, nor matter wherel located withina al building, when Floors spacei in accessory buildings except for floor space used for accessory off-street parking. Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading Attic space, whether or not a floor actually has been laid, providing structural headroom of less Floor space in open or roofed terraces, exterior balconies, breezeways, or porches, provided that noti moret than 50percent of the perimeter ofs sucht terrace, balcony, breezeway, or porchise enclosed;  Floors space ini interiorbalconies or mezzanines;  not specifically excluded; 2) Floor area ofal building shall noti include:  berths; Uncovered: steps; thane eightf feet;  b. Elevator or stair bulkheads, accessory water tanks, or cooling towers;  112    Page 8 of 147  Unenclosedi floors spaceu used for permitted orr required accessory off-street parking spaces;  Floors space usedi for accessory off-street loading berths; Floors space usedi fori mechanical equipment.  Garage, private, means an accessory structure, or aj portion of the main building, designed for thes storage of Garage, public, means al building or portion thereof, other than aj private garage, designed or used for storing Gardening means any use ofl land unenclosed except for fencing for thei raising of grass, flowers, vegetables, crops, trees, or other botanical objects oft natural growth, but noti including accessory structures used for the same Gas means natural gas formed beneath the surface of the earth, including any gas or vapor, orb both gas and vapor, indigenous to an oil stratum and produced from such stratum with oil, obtained from gas or combination General convenience. store means a singles store, the ground floor areaof whichi is 4,000 squaref feet orl less and which offers fors sale primarily most oft the following articles: bread, milk, cheese, canned and! bottled foods and drinks, tobacco products, candy, papers andi magazines, and general! hardware articles. Gasoline may: alsol bec offered for sale but only as a secondary activity ofa country general storeand nomore than four gasoline and/or diesel Greenhouse means a structure fort thei raising of plants orflowersindoors' forprivated or retail purposes. Grocery store: means a singles storel building witha a groundi floorarea ofnotr more than 10,000s square feet which Hazardous waste means solid or liquid waste which, because of concentration, quantity, physical, chemical (1) Cause or significantly contribute to anincrease: in'mortality or ani increase in serious irreversible or Pose a substantial present or potential hazard-to-human health or the environment when improperly Health department means thecounty healthdepartment ori its designated agent or representative. Home occupation means ana accèssory usec ofa adwelling unit, locatede eitheri int thei main! buildingo or an accessory building, forf financial gain or supporti involving ther manufacture, provision, ors sale of goods and/or services which Highway, primary means alls state. highways int the state highway system sO designated by the statel highway and transportation commission (board) under requirements of sh354-Cae Virginia,1950 Code Highway, secondary, means all roads oft the Commonwealth of Virginia not currently int the primary system of state highways. asi previded forin $33.1-67-ef the Cede of Virginia, 1950 Code of Virginia $33.2-214.as Hospital means and includes sanatorium, preventorium, clinic or rest home, andi is deemed to mean aj place fort thet treatment ofh human disorders and ailments; ani institution providing healths services fori inpatient medical or surgical care, care ofs sick ori injured, andi related laboratories, offices, and outpatient facilities and services. Industrialized building means a combination of one or more sections or modules, subject tos state regulations andi including ther necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off- site and transported tot the point of use fori installation or erection, with or without other specified components, to comprise a finished building. Manufactured homes, defined in Code of Virginia, $ 36-85.3, as amended and certified under the provisions oft thel National Manufactured Housing Construction: and Safety Standards. Act, shall not be  automobiles owned and used by the occupants oft thei main building.  motor driven vehicles. purpose.  wells regardless ofi its chemical analysis.  dispensers shalll be permitted, subject tot thei restrictions ins setiop.473@amdle). primarily offersi for sale food tob be prepared and consumedofft the premises.,  ori infectious characteristics may: incapacitating illness; or  treated, stored,t transpgrted.dispoxed ofor otherwise managed.  is clearly incidental too or secondary tot thei residential use ofac dwelling unit.  of Virginia. $3 33.2-214, as amended.  amended.  considered: industrialized buildings for the purposes oft this chapter.  113    Page 9 of 147  Jail means any institution operated by or under authority of any local, regional, state or federalg governmental authority whether obtained by purchase, lease, construction, reconstruction, restoration, conversion, improvement, alteration, repair or otheri means or any physical betterment or improvement relating tot thel housing ofi inmates. The Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste; orj junked, dismantledory wrecked: automobiles, orp parts thereof; iron, steel ando other old ors scrap ferrous orr nonferrousi material. Kennelr means any location wherer raising, grooming, caringf for or boardingo of dogs, cats or others small animals Lotr means ai measured portion or parcel ofl land separated from other portions or parcels by description in a site plan or a recorded plat, or by metes and bounds, intended tol be a unit for the purpose, whetheri immediate or future, of transfer of ownership or of development ors separate use. Thet term' "lot" applies tou units ofl land whether Lot of record means a lot or parcel of land whose existence, location and dimensions have been legally recordedi int the office oft the clerk oft the circuito court thetimecfhealgpinegpigoflirmimane: onN May 14.2003. Lot, corner, means al lot located at thei intersection oft two or mores streets.. Al lot abutting on a curved street or streets shall be considered. a corner loti if straight lines drawn from thef foremost points oft the side lot lines tot the foremost point oft thel loti meet ata ani interior angle ofl less than 135degrees. (Item A inF Figure 1.) Lot coverage means the ratio oft thel horizontally projected area ofther main ànda accessory buildings ona al lott to Lotf frontage widthi means the distancel between side property lotlines measured att the front lotl line. Lot, interior, means al loto other than a comerlot-with Only one frontage onas street. (Item Binl Figure 1.) Lot, through, means al lot other than acornerl lot withi frontage-on,more than ones street. Through lots abutting twos streets may bei referred toa as doublei frontage lots. (Item Cinl Figure 1.) Lot line (property line) means theb boundary ofa alot. Lot widthr means the average horizontal distanceb between side property lotl lines. Manufacture andlor mandacturingr means the processing and/or converting of raw, unfinished materials or products ore either oft themi into articles orsubstances of different character orf for usei forac different purpose. Manufactured home means a structure subjéct to federal regulation, whichi is transportable in one or more sections; ise eight body feet or more inv width and4 40b body feet orI morei inl lengthi int the travelling mode, oris 320or more: square feet when erected on site; is built on aj permanent chassis; is designedt tol be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the Manufactured. home parki means any site, lot, ort tract of land which contains spacesf for parking two or more Mixed use development means property thati incorporates twoor more different uses, andr mayi includeavariety Mobile home means a factory-assembled structure or structures equipped with the necessary service connections and made tol ber readily moveable: as a unit or units oni its (their) owni running gear and designed tol be used as a dwelling unit without a permanent foundation and built before 1976. (See also manufactured home, modular home, and industrialized building.) This unit does not meet the requirements oft the council of American Building Officials (CABO) or the uniform statewide building code Use Group R-4. The phrase "without a permanent foundation" indicates that thes supports systemi is constructed with thei intent that the manufactured! home placedt thereon willl be moved from time tot time att the convenience oft the owner. Mobilel homes are allowed only Modular home means a structure constructed to meet the state requirements of ani industrialized building,  term' "jail" includes prisons and correctional: facilities.  ford commercial purposes is carried on. Outdoor runs properly screened arei included.  inas subdivision ora a development.  GRAPHIC-FIGURET  the total area oft thel lot, except where otherwise defined! herein.  plumbing, heating, air- -conditioning, and electrical systems containedi int the structure. mobile, manufactured, orI modular homes or any combination thereof. ofhousingt types. within: as single development.  inr manufactured home parks.  114    Page 10of1 147  uniform statewide building code Use Group R-4, and Council of American Building Officials (not ai mobilel home orr manufactured! home). Ass such, ai modular home shall bec considered the equivalent ofar residencel built on-site for Motel means al building or a group of buildings containing sleeping accommodations for rental primarily to automobile transients andi in whichi ingress ande egresst toa and from each sleeping roomi is generally tot the outside of Natural resourcei means andi includes soil, sand, gravel, stone or other mineral (other than oil and gas) naturally Nonconforming lot means an otherwise legally platted lott that does not conform tot ther minimum: area or width requirements of this chapter for the district in whichi iti isl located, whether at the effective- date oft this ordinanee whether on. June 2.2003. or as ai result ofs subsequent amendments to the-ordinanee this chapter. Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations oft this chapter, ori is designed or intended for a use that does not conform to the use regulations of this chapter, for the districti in which itisl located, either att the effective date oft the ordinance from which this chapter is derived ora asa ar result ofs subsequent amendments oft the ordinance Nonconforming use means the otherwise legal use ofab building profat tractofl landt that does not conform to the use regulations oft the ordinance from whicht this chapter is derived fort the district in whichi iti is located, either att the effective date oft the ordinance from which this chapteri is derivedor asaresulofs subsequent amendments to Non-public water system means a water system which,asa a general rule,does not provide water tot the public for drinking or does not meet the requirements for aj publicwater system; or) awell used for obtaining water for drinking or domestic usel located on ani individual lorforthei purpose ofs servingt the main dwelling ons said lot, with any new well tob be: atl least a Class III-A drilled wella as approvedby.t the! health department. Nursing home means nehaesrflemege eonvaleseent homes and shallt mean-aplaee deveted primarily tet the maintenanee and operation offacilities for-thet treatment and eare of any persen- suffering fromi illnesses, diseases, deformities, OFH injuries-ou FgesesiveaNderisemsivesaret thati is-normally providedinagemeral opHorapetianse héspital ané establishment thatp provides long-term care services. as definedi in Codeof On-site sewage system means a sewage system designed not to resulti in aj point source discharge, including individual septic tanks used by thei main dwelling on ani individuall lot, and approved by thel health department. Open space means a yard area whichi is not used for or occupied by a driveway, off-street parking, loading Owner means any person, agent, firm or corporation having al legal ore equitable interest int the property. Permanent tributary means any perennial, intermittent stream, including lakes or ponds, which provides natural drainage to a larger body of water, as officially indicated onl U.S. Geological Survey topographic maps. Permitted use means a use oft the land which is allowed by righti int the zoning district in which the land is Prescriptive easement ane easement granted to thes state department oft transportation: fort thec construction Preserved area means an: area containing sensitive! lands with features such as steep slopes, stream bottoms, critical viewshed, established trees or other vegetation or public ownership where thet town council has determined  the purposes oft this chapter. thel building.  formed on orb beneath the surface oft the earth.  from whicht this chapter is derived.  the ordinance: from which this chapteri is derived.  Normal pool elevation overflow its spillway structure.  the height, above seal level,of the water heldi in any reservoir as it begins to  Virginia, $51.5-134. toc older personswhoi residei insuche establishment. Oili means al liquid substancel knownas crude petroleum oil orp petroleum.  space, refuses storages space.  situated.  Plati thes schematic representation ofl land divided ort tob be divided. andi maintenance of public roads owned by said department.  115    Page 11of1 147  that such features are worthy of preservation by the inclusion of such in the comprehensive plan. No clearing or gradingi is allowedi inap preserved: area priort tos specific approval by thet town council or planning commission ofa rezoning, special use permit ors site plan. Thei minimum of clearing and grading necessary for sanitary sewer mains and other uses may be allowed provided that the approving authority has adequate assurances that appropriate vegetation willl ber reestablished. For the purposes oft this definition, active management ofap preserved area int the form of cutting grass or noxious weeds, clearing underbrush, maintaining trees or similar activities shall not be Professional office means an office for the conduct of a professional use by persons generally engaged in rendering personal, executive, sales or administrative services or activities, including law, medicine, theology, architecture, accounting, engineering, insurance, reale estate, stockbrokers, and administrative agencies considered professional inc character. Characteristics ofap professional officei include desks, telephone and computer equipment, filing cabinets, and conferencei rooms and display areas. The term professional office," however, does noti include repairs or sales oft tangible personal property stored orl located within the structure nor any use which would create any loudi noises ori noxious odors, storage ofs salable materials, construction equipment or construction materials. Proffer means and offer or proposalt to whicht the property owner, orl his agents, commits himself as additional Public building means al building owned orl leased: and occupiedandused by ana agency orp political subdivision Public sewerage. system means as sewerage system owned andoperated bythet town; or any sewerage: system Public utilities means public service structures such'as power.plant substations; water lines, treatment plants or pumping stations, sewage disposal systems and treatmènt plants; Orsuch similar operations publicly or privately owned furnishing electricity, gas rail transport, communication or related services tot the general public. Public water. supply agency means thea administrative organization, department or agency whichr manages the Public water. systemi means a watérsystem ownedand operated! by the town ora any water systemf for drinking or domestic use, approved by thel health department, that generally has atl least 15 connections ora an average of 25 Ramadai means a structure erected over ai mobile! home fort the purpose of providings shade or shelter. Home fort the-aged. Residential facility a-buildinge OF placei in whicht the establishment is providing housing, beard, lodging and maintenanee for four(4) OF more aged persens whe are net informed, ehronieally#-GF imeapaeitated,withs suche establishment having separate sleeping quarters and comment areas for dining, Feereation Reserve drainfields spacer means an: areas seta aside ando dedicatedi for future usei int the absorption ande evaporation Reservoir means any impoundment of water, owned, operated or controlled by aj public water supply agency Resident engineer means the resident engineer for the town, employed by the state department of Residential use means al building or part ofa al building containing dwelling units or rooming units, including single-family ort two-family houses, multiple-family dwellings, mobile homes, boardinghouses orr roominghouses, dormitories, fraternity or sorority houses or apartment hotels; but not including monasteries, convents, transient accommodations, such: as hotels, motels, tourist cabins, ort travel trailer parks, or that part ofar mixed! building used Restaurant means any building in which, for compensation, food or beverage are dispensed toj persons not residing ont the premises including, among other establishments, cafes, delicatessens, refreshment: stands, or drive-  considered clearing or grading. (AmendedJume 11,2008)  requirements or restrictions on his property.  oft the United: States of America, the Commonwealth of Virginia, or Amherst County. resultingi ina aj point source discharge and approved! byt thel healthdepartment.  daily and long- term activities ofp public water system. individuals for atl least 600 days out oft they year.  and ether similart facilities- means as providedi in Code of Virginia. 81 15.2-2291. top provide drinking water to citizens oft their community att the present ori int the future.  ofi fluid from an on-site sewerage system. transportation, or his designated agent.  fora any nonresidential use, except: accessory tor residential uses.  116    Page 12of1 147  inf facilities.  Retail stores and shops means buildings for display and sale of merchandise at retail orf fort the rendering of personal services (but specifically exclusive of coal, wood, and lumber yards) such as the following which will serve asi illustration only and are not to be considered exclusive: drug store, newsstand, food store, candy shop, milk, dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store,f furniture store, florist, optician, music andi radios store, tailor shop, barbers shop, and beauty shop. Right-of-way means access over or across particularly described property for a specific purpose. Right-of-way line means the dividing line between al lot, tract, or parcel of land and a contiguous street, Right-of-way, state owned, means the right-of-way owned outright by the state department of transportation (1) Antenna or dish antenna whose purpose is to receive communication or other signals from orbiting 2) Al low noise amplifier (LNA) whichi iss situated att the focal pointof the receiving component and whose (3) A coaxial cable whose purpose: ist to carry thes signalst to heexteriorofthel building. Schools means ani institution providing full-time instructionand including accessory facilities traditionally associated with ap program ofs study whichi meets the requirements ofthelaws ofthe-state. School support facilities School support. facilities means facilities which arèrequired to'maintain efficient operation of a school or school system but which are not directly related totheacademic program ofstudy and whichr may be characterized by potential nuisance factors such as fuel storage, noise,or vibration. Such supportive facilities include school system: administrative offices, maintenance shops.storage warehouses, vehicle storagel lots and thel like. Setback line means al linep parallel toastreet ande extending the full width oft thel lot foras specified distance at allp points from thes street right-of-way-ine andthus defining ana areai inv which nob building ors structures or portions Shopping center means as groupofçommercial. establishments, planned: and developed as a unit, with common off-street parking provided ont thej property, locatedonap parcel ofl land ten or more acresi ins size. Sign means any words, lettering, parts of létters, figures, numerals, phrases, sentences, emblems, devices, designs, trade name orr marks, or combinations thereof, by which anything is madel known, sucha ast the designation of ani individual, ai firm, ana association, aj profession, aj public! business, a commodity, or product, which are visible Sign area means the smallest square, rectangle, triangle, circle, or combination thereof, encompassing the dwelling. sleeping. or lodging purposes. fora aj period off fewert than 30c consecutive days. in exchange fora charge for Sign, commercial, means as signi informing or advertising products or activities fors sale or profit. Sign, directional, means as signi indicating onlyt the name and direction toal business, farm or activity. Sign, on-site, means a signi relating toi its subject matter tot the premises on whichi iti isl located, ort top products, accommodations, services, or activities on thej premises. On- site signs do noti include signs erected by the outdoor Sign, off-site, means a sign, either free standing or attached to a building, for the purpose of conveying information, knowledge, ori ideas tot the public: abouta a subject nots specific tot the premises upon whichi iti isl located. Sign, outdoor advertising, means as structural poster panel or painted sign, either free standing or attachedt toa building, for the purpose ofc conveyingi information, knowledge, ori ideas tot the public about a subject unrelated to  railroad, or public utility right-of-way. onv which public roads are constructed: and maintained.  Satellite dish antennai means an accessory uset thati isa a combination of: satellites or other extraterrestrial: sources; purposei ist tor magnify and transfer signals; and  shall not bei included.  thereof may bec constructed.  from: any public way and used: as and outdoor display.  entire advertising area, excluding architectural trim and structural supports.  Shorl term rental means the provision of a room or space that is suitable or intended for occupancy for - Commented [VH1): Add definitionf for shortt term rental.  State Codel hasa adefinitioni in 15.2-983. Reference that? Per Sara Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Times New Roman Formatted: Indent: Left: 0", Firstl line: 0"  the occupancy  advertisingi industry int the conduct oft the outdoor advertising business.  thej premises upon whichi itisl located.  117    Page 13of1 147  Sign, temporary, means any sign, banner, pennant, valance, ora advertising display constructed ofo cloth, canvas, light fabric, cardboard, wallboard, ord other materials with or without frames intended tob be displayed for aj period Special use means a use oft thel land which may be allowed in a zoning district in which the landi iss situated Special use permit means al legislative enactment by the Town Council authorizing (often with conditions): special use on aj particular lot orl lots. Thet term "zoning certificate fora special use" refers toas special use permit. Street means a strip ofl land comprising the entire area within the right-of-wayi intended for possible use asa means of vehicular and pedestrian circulation top provide access to more than one lot. The term' "street" includes road, thoroughfare, parkway, avenue, lane, boulevard, expressway, highway (except as herein defined), place, throughway, square, alley, orl however designated with the: above-mentioned right-of-way. Street centerline means a line generally parallel tot the right-of-way lines that equally divide the street right- Street, half, means a street that does not meet the minimum right-of-way width requirements set forth or Street, private, means any road, street, highway or other means of vehiçular access to aj parcel of land not maintainedl byt thes state department oft transportation (or any other public agencyregardless of ownership. Street, public, means as stripo ofl land comprising thee entire area withint the right-of-wayi intended forp public use asar means of vehicular andj pedestrian circulation toj provide access) jomore than one lot andwhichi is presently a portion of the state department transportation's street and road system,orisa proposed addition to the state department of transportation's street and road system in which-caset the improvement of which shall meet the Structure means anything constructed or erected, the use of whichrequires a location on the ground, or Subdivision: means any division ofap piece ofl land ora alteration oft the boundary lines of any piece ofl land. The term 'subdivision" includes comdominiumswberein the purchaser acquires both ownership of the condominium Theater, indoor, means a buildingdesigned: and/or used primarily for the commercial exhibition ofi motion pictures tot the general public or usedfor performanceof displays, acts, dramas by actors and/or actresses. Theater, outdoor, means an areà not to exceéd five acres containing a screen projection booth, refreshment stand, parking spaces and sound transmission devices to individual parking spaces only for the purpose of Time-sharei means at time-share estate or at time-sharei use plusi itsi incidental benefits. Time-share estate means ai right to occupy a unit or any of several units during five orI more: separated time periods over aj period ofatl least five years, including renewal options, coupled with ai freehold estate: for years ina Time-share instrument means any document, however denominated, which creates thet time-s share project and program, and which may contain restrictions or covenants regulating the use, occupancy, or disposition of time- Time- share program (or program) means any arrangement oft time- shares in one or more time-share projects whereby the use, occupancy, or possession of real property has been made subject to either a time- share estate or time-share use iny whichs such use, occupancy, or possession circulates among owners oft the time-shares according toaf fixed orf floating time schedule ona aj periodic basis occurring over any period of time ine excess ofi five years. Time-share project means all oft thei real property subject to at time- share program created by the execution of Time-share unit (or unit) means the real property or real property improvement: in aj project whichi is divided  ofr not more than 60 consecutive days.  subject tot the approval oft the town council, after aj publicl hearing thereon.  Commented [EL2): Our2 Zoning Ordinances seems tou use certificate thet term" "special foras usep permit" use" (at interchangeably termi notf foundi with" int the "zoning State Code ori most: zoning special ordinances). Ifweu uset these twot terms interchangeably, think wen needt tobec cleart thatt that's what  we'red doing.  of-way. referencedi int this chapter.  construction: standards of the state department oft transportation. attached tos something havinga a location ont the ground units and ownership ofa ani interesti inc common elements.  Subdivider means any person owning at tract or parcel oflandt tobesubdivided. Surveyor means al land surveyorcertified! bythe Commonwealth of Virginia.  commercial exhibition ofi motion pictures. time-share project ofas specified portiont thereof.  sharesi ina aj project.  atime-share: instrument.  118    Page 14of1 147  intot time-shares and designated for separate occupancy and use.  Time-s share use means a right to occupy a time-share unit or any ofs several time-share units during five or more separated time periods over a period of at least five years, including renewal options, not coupled with a freeholde estate or an estate fory years ina atime- share projecto ora a specified portiont thereof." Thet term" 'time-sharer use" shall not mean a right to use whichi iss subject toaf first-come, first-served: space available basis as mighte exist ina  country club, motel, hotel, healths spa, campground, orI membership or resort facility. Town means the governmental entity oft the town. Townl building code means the uniform statewide building code. Town comprehensive) plan means a document prepared: anda adoptedi ina accordance with Code of Virginia, title 15.2, ch. 22, art. 3 (Code of Virginia, $ 15.2-2223 et. seq.), as amended, for the purpose of guiding and accomplishing: a coordinated, adjusted andl harmonious development of the town. Town council means thee elected governing body oft the Town of Amherst, Virginia. Town development areai means areas definedi int thec comprehensive plant that are appropriate: forl higher density development, redevelopment. ori infill development due tot their proximity tot transportation facilities. public water and sewer systems and existing areas ofl higher density development. Townhouse means ar residential uniti ina aseries ofi from three to 12s single-family attached dwellings separated from one another by common vertical walls with no openings. Townhouse loti means al lot upon whicha at townhousei is ori istobee erècted. Town manager means the town manager oft thet town. Travel trailer means a vehicular, portable structure designeda asat temporary dwelling for travel, recreational and vacation uses which is noti more than eight feet in body width andis ofany weight provided its body length Urban development, areai means areas definedi int thecomprehemsiveplant that are appropriate forl higher density development, redevelopment, ori infill development due tot their proximity tot transportation facilities. public water Use meanst thep principal purposef forwhichal loto ort themainl building thereoni is designed, arranged, ori intended Variance means a reasonable.deviation: from those provisions regulating the shape, size, or area of a lot or parcel ofl land ort thes size, height, area,bulk, orl location ofa a building ors structure when the strict application oft this chapter would unreasonably restrict the utilization oft the property, ands such needi for a variancey would not! bes shared generally by other properties, andj providedsuch" variance isr not contrary tot thej purpose oft this chapter. It shall not include: ac changei in use, whicho change shall be accomplished by a rezoning or by a conditional: zoning. Veterinary hospital means as structure ors series ofs structures used for thet treatment of diseases andi injuries of animals by a veterinarian licensed by the Commonwealth of Virginia, without outdoor runs except for exercise Watershedi means any area drained by as stream: andi itst tributaries upstream from public water supply intake Yardmeans: as spacec ont thes samel lot witha ai main building, such spaceb being open, unoccupied, and unobstructed by! buildings from groundt tos skye except where encroachments: and: accessory! buildings are expressly permitted. Yard, front, means an open, unoccupied: space ont thes same lot witht the mains structure, extendingt thef full width oft thel lota and situated between the right-of-way line andt the frontl line of thes structure projected tot thes sidel lines of thel lot." The depth oft the front yards shall ber measured between the front line oft the structure and the right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered: as part of the main structure ands shall  does note exceed 291 feet.  and sewers systems and existing areas MtNemcssgpen. andi for whichi itis orr may be usedoccupied,ort maintained.  AReAeNF9)  purposes. structure.  [GRAPHIC-Figure 2]  119    Page 15of1 147  not project into a required front yard. On corner lots the front yards shall be considered: asp parallelt tot the street upon Yard, rear, means and opens space ont thes samel lot with thei main structure, such space being unoccupied except possibly by an accessory building and extending the full width oft the lot ands situated between the rear line oft the lot and the rearl line oft ther main structure projected tot thes sidel lines oft the lot. Ona all corner lots ther rear yard shall Yard, side, means and open, unoccupieds space ont thes same lot with ai mains structure, situated between thes side line oft thes structure and the: adjacent side line oft thel lot extending from the rearl line oft the front yard to the front line oft the rear yard. Ifn nof front yardi isi required, thei front boundary oft the side yards shall bet the front line oft thel lot andi ifr noi rear yardi isr required, ther rear boundary oft the side yards shall be the rear line of thel lot. Ont the corner lots, thes side yards shall be considered: as parallel tot the street upon whicht thel lot hasi its greatest dimension. (See figure  whicht thel lotl has itsl least dimension. (Seei figure 2). bea att the opposite end oft thef front yard. (See figure 2).  2).  Zoning mapi means the official zoning districti map fort thet town.  (Zoning Ord. 2003, SS 18.1-301, 18.1-302) See. 18-201.1 Purpese.  This-ordinanee is designed te assist the eitizens, thet towne coumeilPlamning. Commissien, and administrative efficials of the Tewne efAmherst ing guiding lande develepment efthe-Tew. The-ordinaneel has been fommed-witha spirit of concern for the individual rights ef landewners, but at the same ime with a recegnition- that orderly develepment of natural growth Fatesi is-essential fort the preseryatien-and iyh.. ands general The purpese of this Ordinanee shall be for the ppfESt the-health, safety Of generat fellewing purpeses,where applieable: ()-te provide for adeguatelightair convenience of access, and safety from fire, fleod, erime and ether dangers; (1) te reduce erprevent eengestion i the publie streets; () to facilitate the ereation of a convenient, attractive and haiRoBicus-cRRunN iv)tet facilitate the provision of adequate pelice and fire protection, disaster evacuationeiv defense, transportar wate sewerage, fleed pretection, seheels, parks, forests, playgrounés, Fecreational faeilities.aiperts and ether publie Fequirements; (v)tei proteet against from fire, fleed, panie OF ether dangers(V) te encourage ecenemie development activities that previde desirable employment and enlarge the tax base; (V) tei previde for the preservation ef agricultural and forestal lands and ether lands ett signifieanee fort thei pretectien ef the natural enviremment; (ix)-te proteet appreach-s slepes and other safety arease et icensed airporis,inelading United Statess goverment and military-airf facilities; and ()-te promete the ereation and preservation et affordable! housing suitable for meetingt thee eurrent and future needsoft thel leeality reasenable FPeRieRaFAe-GEN and future needs-oft the planning 4:dwy, erdinanee may alse include reasenable w-t-.-tww-ww tei preteetsurface water and gdwseadeimadiaia-195A  welfareeft the eitizens of the Tewn of Amherst: welfare of the publie and of further aecemplshing theebjee tves 1950, as amended. Tethese ends, such erdinanees shall be  22200et-seq of the Cede of Virginia: givereasemable consideration: te each ef the  destruction- of OF enereachmen evererewding of land, undue ebstruction ef ight and aif, danger  areasi) to preteet against ene more of the fellewing: in relation tot the community facilities- existing OF available, travel and transpertation, OF less ef fe, health, OF property  quality As amended: CoM-H3A, Sec. 24-3.1 Nonexclusionary intent.  Itis not the intent oft this chapter to exclude any economic, racial, religious, ore ethnic group from enjoyment ofr residence, land ownership, ort tenancy within the town; nori isi it thei intent oft this chapter tou use public powers in any way top promote thes separation within the town of economic, racial, religious, or ethnic groups, except as may  bet thei incidental result of meeting the purposes of this chapter.  (Zoning Ord. 2003, $18.1-202)  120    Page 16of1 147  Sec. 24-4. Uniform: application ofr regulations. structure orl land, except asl hereinafter provided. (Zoning Ord. 2003,1 18.1-401) Sec. 24-5. Subdivision of land. int this chapter. (Zoning Ord. 2003, $1 18.1-402) Sec. 24-6. Use. in whichi iti is ori ist tob bel located. (Zoning Ord. 2003, $18.1-403) Sec. 24-7.1 Permitted uses. (Zoning Ord. 2003,91 18.1-403.01) Sec. 24-8. Special uses.  The regulations established! herein shall be minimum regulations and be uniformly applied to each class of Any owner or owners of any tract ofl land located within the town, in whole ori inj part, who subdivides the same as provided herein shall cause ap plat ofs such subdivision tol be madei in accordance with procedures set forth  No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, ors structurally altered excepti in conformity with ther regulations herein specified for the district  Ap permitted usei is one allowedi int the districti inv whicht thel andi isi ina accordance with other regulations herein, a: zoning without hearing thereon, ina accordance withs section 24-38(2) thereon, finds asa af fact that the proposed use or uses are zoning administrator, in accordance council. (Zoning Ord. 2003,81 18.1-403.02) Sec. 24-9. Buildings. (Zoning Ord. 2003,1 18.1-404) Sec. 24-10.1 Lots andy yards.  the proposed usei isp permitted zoning administrator,  A 0  As special usei is one which may be: allowed whent thet townd council, afterr review oft the application andl hearing the town council andt the publici interest. Wheret theusei isas special use, a zoning certificate willl bei issued by the  witht the consistènt  andt  of  comprehensive plan the policies  aftersuch special usel has been approved by the town  Nol building shalll hereafter bee erected, constructed, ora altereds soa ast toexceed thel height limit, toa accommodate orh house a greater number ofi families, ort toocçupy a greater percentage oft thel lota area thani isr required ors specified    int the regulations herein fort the districti in whichi itis located.  (a) Nor new lotr nor yards shalll hereafter bec created, nors shall: any loto or yard existing att thet timee ofe enactment efthis-erdinanee: on! May 14.2003. ber moved: sot thatl lot width, depth, or area requirements; front, side or rear yard requirements; inner or outer court requirements; or other requirements oft this chapter are not maintained, except when aj portion ofal loti is acquired for public use. No new building lot shall hereinafter be created unless such lot (1) Any property designated for business use and involving the sale of individual sites designated for Situations involving. joint or shared use access in any business district as approved by the planning (b) No part ofay yardi nor other opens space required for any building for the purpose of complying witht the provisions of this chapter shall be included as part ofa yard or other open space similarly required for another building. Every part ofai required yard or court shalll be opent fromi itsl lowest pointt tot the sky unobstructed, except  adjoins atl least 25f feet ona aj public street except that this provision shall not apply to:  business use; or commission.  121    Page 17of1 147  fort the ordinary projections ofs sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves, provided such] projections shall note extend into the required yard areas fora a distance exceeding twoi feet. Sec. 24-11.1 Nonconforming lots, buildings and uses and vested rights.  (Zoning Ord. 2003, $1 18.1-405) fAmmaalame-1,39  (a) As providedi int the Code of Virginia, nothingi int this chapters shall be construed toi impair any vestedr right, except that this chapter recognizes that the elimination ofe existing lots, buildings and structures or uses that are not in conformity witht thej provisions oft this chapter isa asi much a subject of! health, safety, and general welfare asi ift the prevention of the establishment of new uses that would violate the provisions oft this chapter. Iti is, therefore, the intent oft this chapter top permit these nonconformities toc continue, buti nott toe encouraget their survival or permitt their uses as grounds fora adding other structures or uses prohibitede elsewhere withint thes same district. (b) Therefore, any structure or use ofl lande existing at thet time oft the enactment oft the ordinance from which this chapteri is derived, and amendments thereto, but noti inc conformity with itsi regulations andj provisions, may be (I) Lots of record. Where: al lot ofr record att the time of enactment oft the ordinance from which this chapter is-derived or amendment thereof does not contain land ofs sufficient area or widtht to permit conformity with dimensional requirements of this chapter, the following provision shall apply: When a lot was legally created andj platted att the time ofe enactment oft the ordinancei fromwhicht this chapteri is derived, ora amendments thereto, and thel lotl has widtho orl lot arealesst thani isr required by the districti in whichitis located, such lot may be used as a single-family building site, provided that yard dimensions, and requirements other than those applying toa areaory widthoft thelots shall conformt tot the regulation for the district in which such loti is located and safe provision and appropriate permitting has been made for water and wastewater. Variances of yard requirements may be gbtained only through an appeal tot the 2) Nonconforming structures. Where.al lawful structure exists at the time ofe enactment or amendment of this chapter that could not bebuilti ind the districti inj whichi itisl located by reasons of restrictions ona area, loto coverage, height, yard dimensions or other requirements, such structure may be continued sol long as a. Any structure or pation,hereordeclared unsafe by thel buildingi inspector, or destroyed, damaged or demolished ina any way by any means, may ber restoredt toas safe condition or replacedi int the same location, provided that the requirements oft this section are met and the restoration or replacement work isu underway witht twoyéars after the declaration, destruction, damage or demolition. Anonconforming: structure may! bee enlarged or altered as necessary, provideds such enlargement or alteration does not exceeda a cumulative: 50p percent oft the floor: area oft the original nonconforming structure, and provided all yard and other appropriate requirements herein arei met; any structure or Notwithstanding the previsionsofsetion 601.02.2 above, whenever repairs on ori installation of plumbing facilitiesi inr residential: structures arer required! by law or administrative: actiono of thel health department ort thel building inspector, such alterations: shall bep permitted, provided that, wheres such alterations require an addition to the structure, such addition shall be no nearer the lot line than permitted! by ther requirements oft this chapter. Where ane existingr residential structure exceeds these requirements, thes said addition shalle extend no nearer thel lotl line than the existing buildingl line. Should a nonconforming structure be moved, it shall thereafter conform tot the yard dimension (3) Nonconforming uses ofl land. Where al lawful use of land exists at the time ofe enactment or amendment oft this chaptert that would not! bej permitted! by the regulations imposed herein, suchi usei may! bec continued  continued subject tot thef following provisions:  boardo of appeals, as outlinedi in sectio,24-132  (Amended Sepiember12,2018)  itremains otherwise enbone.uoin: provisions:  portion thereof may be altered toc decreasei itsr nonconformity.  requirements oft the districti in whichi iti isl located afteri itisi moved. asl longa asi iti remains otherwisel lawful, subject tot the following provisions:  122    Page 18of1 147  a. A nonconforming use may be enlarged or increased or extended to occupy a greater area not exceeding 50p percent oft thei floor areat that was occupied at the time ofe enactment of or amendment Nos such nonconforming use shall be movedi in whole ori inj part to any portion oft the lot or parcel othert than that occupied! by such use att the time ofe enactment ofc ora amendment tot this chapter. Int thee event that such use ceases for any reason for period ofr more than 24menths twoy years, any subsequent uses shall conform toa allr requirements oft this chapter for the districti in whicht thel landi is d. No additional structure not conforming tot the requirements oft this chapter shall be constructed: in (4) Nonconforming uses ofs structures. Where: alawful use ofi individual structure, or ofs structures of premises inc combination, exists att thet time ofe enactment of or amendment tot the ordinance from' which chapteri is derived that would not be permittedi int the district in whichi iti is located under the requirements of this chapter, such use may be continued as long as iti remains otherwise lawful, subject to the following As structure existing att the time of enactment of or amendment to the ordinance from whicht this chapter is derived devoted to a nonconforming use maybe enlarged, extended, or structurally altered, provided such enlargement, extension oralteration shall not'exceed 50 percent in the aggregate oft the floor area oft the original structufe-devotèdt toa a nonconforming use andj provided all yard and other appropriate requirements herein aremet. Thej provision shall not apply tot the Ar nonconforming use ofas structure may beextendedtoi include use oft the entire structure, or any enlargement, extension or alteration thereofprovided herein, but shall not be extended toi include When a nonconforming use ofa structureand premises in combination is discontinued or abandoned for 24 conseçutive months, except when government action impedes access to the premises, or whena ar nonconforming useiss superseded! by ap permitted use, thes structure: andp premises shall not thereafter be used. excepti inc conformity with the regulations of the district in whichi iti is Wherea a structure-whichis usedin combination with its premises for a use noti in conformity with the regulations hereinis destroyed.by any means, the use oft thel land shall be allowed to continue after reconstruction of the structure, provided such reconstruction of the structure adheres to the yarda and other appropriate requirements oft the districti in which: said structurei is locateda as approved by the board of appeals in accordance with section 24-10, and provided the ownership of said 5) Oil and gas leases. Ifap property owner has legally executed: al lease for oil and gas exploration prior to the enactment oft the ordinance: from which this chapter is derived, such lease for exploration, and any resultant development oft the property for extraction: and production of oil and gas, shall constitute the nonconforming use ofs suchl land: as providedi ins section 24-11(3), and provided that therei is compliance with atia:-151-106-ama411SIH4 Cede-of Virginia, 1950,as mmaadami-dhallan, gass generalrules-andr regulations promuigatedt yMapmaP-p-ma Pursuant to Code of Virginia, $ 15.2-2307, as amended, nothingi int this chapter shall bec construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, al landowner's rights shall be deemed vestedi ina al land use and such vesting shall not bea affected bya a subsequent amendment toa: zoning ordinance when thel landowner obtains ori is the beneficiary of a significant affirmative governmental act which remains in effect allowing development ofas specific project; relies ing goodf faith ont the significant affirmative governmental  tot this chapter.  located.  connection with such nonconforming use.  provisions:  changing oft the use ofas structure toac conforminguse. either additional structures orl land outsidethe structure.  located.  structure remains thes same ast before such destruction.  Labere and Industry-are-met; alla applicables statel laws andi rules.  (6) Vested rights.  123    Page 19of1 147  act; and incurs extensive obligations or substantial expenses in diligent pursuit of the specific projecti ini reliance ont the significant affirmative governmental act. For purposes of this chapter and without limitation, the following are deemed to be significant affirmative governmental: acts allowing development ofas specific project: 1. The governing body! has accepted proffers or proffered conditions which specify use related 2. The governing body has approved ana application fora rezoning fora specific use or density; 3. The governing body orl board of zoning appeals has granted as special exception or use permit 5. The governing body ori its designated agent has approved aj preliminary subdivision plat, site plan orp plan of development fort thel landowner's property and the: applicant diligently pursues approval oft the final plat or plan withina ai reasonable periodo oft time under the circumstances; 6. The governing body ori its designated agent has approved afinal subdivision plat, site planc or 7. The zoning administrator or other administrative officer has issued a written order, requirement, decision or determination regardingthe permissibility ofas specific use or density oft thel landowner's property thati ist nol longer subjecttoappeal. àndi nol longers subject toc change, Land, buildings,and structures and thet uses-thereof whiche depetcenfemm tet thez zening preseribed fort the districti in-which they are  ast thet then-existing OFa mere-restrieted uset eontinuesa and-sueht dees thant tweyears, ands set long tildings OF Structures-are maintained in-theirthen sEselaakemdiiosans: that thet uses-ef uildings-ert ew* asPyapaa, Fueted OF structurally altered-and may further previdet that ne nonconferming buildinger ture may bes meveden thesamel Hor-OEieany-ether! lot s., permit Land. buildings. and structures and the uses thereof which dor not conform tot the zoning prescribed for the district in whichthey are situatedi may be continued only sol long ast the then-existing ora more restricted use continues and such usei is not discontinuedi forr more than two years, ands sol long ast the buildings or structures are maintained: int their then structural condition: and that the uses of such buildings or structures.shall conform tos such regulations whenever, with respectt tot the building ors structure. thes square footage ofa ab building ors structure is enlarged. ort thel building ors structureis structurally: altered as provided int the uniform statewide building code (Code of Virginia. $3 36-97 etseq.). If au use does not conform to the zoning prescribed for the district in which such usei is situated. and ifa a business license was issued by the town for such use and the holder of such business license has operated continuouslyi in the same location for atl least 15 years and has paid alll localt taxesi relatedt tos such use, the town shallp permitt thel holder ofs such business licenset to apply forar rezoning oras special use permit without charge by thet towno or any agency affiliated with the town for fees associated with such filing. No nonconforming use may be expanded, and no nonconformingl building ors structure may bei moved on thes samel lot ort to any other lot whichi is not Notwithstanding any ordinance tot the contrary.i ifthet town! hasi issueda al building permit. thel building ors structure was thereafter constructedi ina accordance with thel building permit, andi upon completion ofconstruction. the towni issued ac certificate of occupancy orausep permitt therefor. or the owner of the building or structure has paid taxes tot the town for such building or structure foraperiod of more than the previous 15 years, such building or structure shall not bei illegal and shall not be subject tor removal solely due tos such nonconformity. Such building or structure shall be  toaz zoning amendment; with conditions;  4. Thel board ofz zoning appeals has approved a variance;  OF  plan of development fort thel landowner's propertyor modification or reversal under Code of Virginia.s 15.2-2311(C).  suehr oneonfor mminguse  properly zoned to permit suchi nonconforming use.  124    Page 20 of 147  nonconforming.  Thec owner of any residential or commercial building damaged or destroyed byar natural disaster or other act of God may repair. rebuild. or replace such building to eliminate or reduce the nonconforming! features tot the extent possible, without the needt to obtain a variance as providedi in Code of Virginia,1 15.2-2310. Ifs such buildingi is damageds greater than 50j percent and cannot be repaired. rebuilt or replaced except tor restore itt toi its original nonconforming condition. the owner shall have the right to do sO. The owner shall apply for a building permit and any work done to repair, rebuild orr replace such! building shall bei in compliance with the provisions oft the uniform statewide building code (Code of Virginia. $36-97 et seq.)and any work done tor repair. rebuildor replace such building shall bei in compliance with the provisions oft the local floodplaini regulations adopted as a condition of participation in the National Flood Insurance Program. Unless such buildingi is repaired.1 rebuilt orr replaced withint twoy years oft the date oft the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions oft thez zoning ordinance oft thel locality. However.ift the nonconforming buildingi isi inan area underaf federal disaster declaration: and the building! has been damaged or destroyeda as adirect result of conditions that gaver rise tot the declaration, then thereshall be an additional two years for the building to be repaired. rebuilt or replaced as otherwiseprovidedi int this section. For purposes of this section, an "act of God" shall include any natural disaster-or phenomena including a hurricane, tornado, storm, flood, high water, wind-d -driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of thissection. owners of property damaged by an accidental firel have thes same rights tor rebuilds such property'asi ifity were-damagedl by an act of God. Nothingl herein shall be construed toe enable the property owner to commit an arson under Codeof Virginia. 81 18.2-77or 18.2-80. and obtain vestedi rightsunderthis. section. Notwithstanding any ordinance tot the contrary.ano owner ofreal property shall be permitted to replace ane existing on-s site sewages systemfor: any existingbuilding int thes same generall location on the property eveni ifar new on-site sewages systèm wouldnot otherwise bep permittedi int thatl location, unless access toap public sanitary sewer is available tot the property. If access to as sanitary sewer systemi is available, then theconnection tos suchs system shall ber required. Any new on-s -site system shall bei installed in compliancelwith applicable regulations of the state department of! health in Nothingi int this sections shall beconstruedtor preventt thel lando owner orl home owner from removing avalidr nonconformingi manufactured) home from: ar mobile ori manufactured home park andreplacing that home with anothercomparable manufactured home that meets the current] HUDI manufactured housing code. Ins such mobile or manufactured! home park, as single- sectionl home may replace as single- section home and ai multi-s section home may replace ai multi-section home. The owner ofav valid nonconforming mobile or manufactured home not locatedi in amobile ormanufactured home park may replacet that home with anewer manufacturedl home. eithers single- or multi- -section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid  effect at thet time oft thei installation.  nonconforming status oft the prior home.  (Zoning Ord. 2003, $1 18.1-601;Ord. of9-12-2007) Statel law reference- -Similar provisions, Codec of Virginia, $1 15.2-2307.  Sec. 24-12.1 Permits issued prior to effective date of ordinance from which this chapter is derived. Nothing contained hereins shallr require any changei int thep plans or construction of any building ors structure for which aj permit was granted prior to the-effective-datee ef thise ordinanee June 2.2003. However, ifs such construction does not commence within 30 days after this-erdinanee becemes-effeetive June 2, 2003, or if construction is discontinued: fora aj period of sixi months or more, further construction: shall bei inc conformity with the provisions of  this chapter fort the district inv which the operationi isl located.  (Zoning Ord. 2003, $18.1-406)  125    Page 21 of1 147  Sec. 24-13. Zoning certificates required: Vuses exempt from a zoning permitcertificate (a) Except as provided int this Section, no new uses shall be commenced without az zoning certificate for that use. certifying pursuant to Sec. 24-38 that the use complies with the provisions oft this Chapter (a)b) Incidental agriculture is permitted without az zoning permit certificate in any district that allows residential uses, providedt that sucha agricultural uses shalli noto occupy overi five: acresa ands shall not! bec objectionable by (b(c) Yard sales and garages sales by the resident owner, and! bazaars, flea markets ands sales conducted by nonprofit organizations: shalll bee exemptf from: zoningi permitcerthicater requirements, provideds suchs sales arel limited (ed) Within districts that permit commercial activity by right, wayside standsi fort the sale of agricultural Except for permitted apartments ins single-family dwellings, two-family dwellings, multifamily dwellings and manufactured home parks where permitted, nor more than one dwelling unit may be permitted on a lot orp parcel of  Commented [EL3): Ther rest oft this chapter uses the phrase "zoning certificate" instead of" with" "zoning permit." "Ir recommend wer toensure replace" consistent "zoning permit" terminology. "zoningo certificate, Commented [EL4):1 Therei isi nor needt to exempt: anyone fromt the needt tos getaz zoning permit, unless wes specifically say somewhere thata a zoning permiti ist required. (Unlike E&S permits or building permits, nothingi int the State Code requires: anyonet tog geta at buildingr permit.) Isuggest we either (I)createa arequirement toobtaina zoning certificate priort to commencinga new use, or (2) deletet this whole Section. Incidentally, mostl localitiest treatz zoning permits differently from! building permits or E&Sp permits: citizens are allowed those to obtainz localities, zoning thez permits zoning but permit not requiredt merely toc servest obtain thef them. function In ofa assuringt the permit- holdert that! hec canc commence theu use more withoutg laissez- getting faire: an NOVI approach.) later. (Personally, Iappreciatet this Formatted: Font: 11pt  reason ofc odor,dust, noise, pollution ande erosion or drainage. to4 481 hours pers sale andi noi more than ones suchs sale peri month. orh horticultural products shall noti require a zoning permitcertificate. (Zoning Ord. 2003, $18.1-407) Sec. 24-14.1 Number of dwellings ona as single lot.  land. (Zoning Ord. 2003, $ 18.1-408)  Sec. 24-15. Access through another zoning district. Private access toa aj parcel ofl land used appropriatelyi inaz zoping through another zoning district. For the purposes oft this section, use and shall therefor bes subject tot the variance (Zoning Ord. 2003,81 18.1-409) Secs. 24-16--24-33. Reserved. Sec. 24-34. Towno council.  shall bep prohibited shallr not be considereda  -  procedure  ARTICLEILADMINISTRATION ANDENFORCEMENT  DVSONL_GENEALY 5 -    The town council shall havethef followingr responsibilities int the administration oft this chapter: (1) Review and decide requestsf for amendments tot thet text oft this chapter ass specified ins section 24-39. (2) Review and decide requestsfora amendments tot the official zoning map: ass specifiedi int this chapter. Review and decider requests forzoring certificates for special use approvals (special use permits), in  Commented [EL5): Ifv we'r re goingt tou uset theset twot terms interchangeably,' It think wen needt tobec cleart thatt that'swhat  accordance with section,24-38(3). (Zoning Ord. 2003,91 18.1-1404) Sec. 24-35. Appointment of zoning administrator. (Zoning Ord. 2003, $1 18.1-1001)  we'red doing.  This article shall be: administered by the: zoning administrator in accordance with the provisions herein. The zoning administrator: for thet town shalll bet the duly appointed town manager of thet town orl his designee. (a) Powers and duties relating toz zoning. The zoning administrator: is authorized: and empowered on behalf of andi int ther name oft thet town council toa administer: ande enforce thej provisions setf forthl herein toi include receiving applications, inspecting premises, issuing: zoning certificates: for uses ands structures whicha arei inc conformance with the provisions of this article. The zoning administrator shall have all necessary authority on behalf oft the town council toa administer ande enforce this article, including the ordering in writing of thei remedying of any condition foundi inv violation oft this article, and thel bringing of legal action, includingi injunction, abatement, ort the: appropriate action proceeding, to ensure compliance with this article. The zoning administrator does notl have the authority to  Sec. 24-36.1 Powers and duties oft the zoning: administrator.  126    Page 22 of1 147  take final actiono on applications, ofn matters involving variances nord on special uses, on whichf final: actioni isi reserved (b) Powers and duties relating to subdivision regulation. The zoning administrator is authorized and empowered to acta ast the agent oft thet town council andp planning commission inc dealing with subdivision procedures (1) Establish such administrative rules and procedures as are necessary to the proper administration of (2) Consult, as requiredi int thej performance of duties specifiedl herein, with other departments or agencies of Waive procedural and design requirements, if appropriate, provided land subdivided: is along aj publicly dedicated and approved street accepted for maintenance by the resident engineer and where no new (4) Verify that any conditions or stipulations made by the commission in the preliminary review are performed; and upon thes satisfactory completion of such conditions and other requirements oft the final (1) Promulgation of ordinances, policies and regulations. The zoning administrator shall make a copy of the: zoning and subdivision ordinance and all other documents containing.town; policies and regulations that affect community development available for reviewby thetown's residents and property owners. (2) Preapplication conference. The zoning administratoris authorized and empowered to encourage and organize a preapplication conference or conferences, tobe attended by the property owner and any individual that the zoning administrator or property owner'may deem appropriate, prior to the formal initiation of any zoning or subdivision proçess. However, the preapplication conference shall not be organized until adequate information, in the formof maps, studies, narrative description or other appropriate materials, sufficient tos showt thel location, type, scope: and scale of development proposal, has been submitted in hard copy.form to_the zoningadministrator. The purpose of the preapplication conference is to outline the.specifics of the project proposed, to confirm what rules, regulations or processes apply, and toi identifyother: issues thati may affect the development or approval processes at (3) Single point of contact. The zoning administrator is authorized and empowered toi require the owner of any property for which any zoning Jor subdivision process is initiated, including any site plan, subdivision, special use permit, variance, conditional zoning, or rezoning, tor name aj project manager who would have the authority torepresent him before the various agencies and committees oft thet town in the matter. As such, this individual shall be the town's sole point of contact from the time of appointment tot thei issuance ofac certificate of occupancy. Such certification: shalll bei iny writing ona ai form provided by the zoning administrator, and the owner shall retain the right to certify another single individual tor replace thej previously certified project manager during the course oft thej project. Signage fort thej purpose ofi notifyingi interested: individuals ofar requested actions shall be posted on property for which any site plan, subdivision, special use permit, rezoning, conditional zoning, variance, appeal ors similar action is tob be considered by thej planning commission, town council or board ofz zoning appeals. The signages shalll bei installed by-the-applieant: as soon as practical before the meeting date for which the matter is scheduled tol bel heard- but at least 21-days-prier-tet the meeting. Such signage shall bel located as near asi is practical tot the right-of-way ofap public street or road upon which said the property and/or proposed use fronts.- The applicant shall previde certifieation-tet the zoning administratora Hhen the-signage-wase erected and where thes signage The signage shall contain no additional advertisement or words other than that whichi iss specified  tot thet town council.  and shalll have the following duties and responsibilities: subdivision procedures.  thet town: inc considering details ofa any submitted plat. streets, water or sewer lines arei involved. plata as specified ins section 24-758, approve the final plat.  (C) Case management.  thee earliest] practical time.  (4) Notice: signs; posting required.  is-leeated:  127    Page 23of1 147  herein. The signage shall remain posted and maintained! by the applieant until final action! has been taken ont the application ort the application has been withdrawn.. After final action! has beent takeno or the application has been withdrawn, thes signage shall be removed withint ten calendar days by-the Largesites.As sign meetingt the regurements hereins shall ber required, buti ifthe prepertyinvolved in-thea applieation hast moret than 500f feet ofroad frontage thene one signs shall bet required forevery 500 feet eft road frentage- eF fraction thereef. The zoning administrater may reduce the required numbere ofs signs OF appreve the releeation ef signsi int thesee eases for whicht the applieant ean present in writing a-suffieient justifieation te warrant a deviation, previded the spirit and intent of the signage requirements are observed. Grounds for deviation of the requirements may inelude such items as a parcel of unusual size OF shape, a peculiar leeation, severe topography, OF other ewtmendimatysituation* OF eendition oft thet propertyt that would maket thes striet applieation oft these requirements unnecessary eFi impractical. Thej justilication shall decument that a reduction int the number OFt the relecation- ofs signs would notr reduce the effectiveness oft the publie netice.Thes sign  applicanta at his expense.  Commented [VH6): Doy youy want this deletion? [SM7R6): yes  Commented  shall read asf follews: ZONINGNOTICE Name-ofApplieant Telephone-Ne:: AddressefPreperty: Presentz Zoning: Prepesed-Zoning: PepocetxeofPepery Feradditional information, Call Town  Thes signs shall bei made of sturdyweod plastie Of metal; the signi faee at least 721 inehes-wide y 48 inches highin size; thet top et the sign net less than six feet OF moret than eight (8) feet abeve thes ground;andt theletering here hall be black letters at! least threei inchesi in! heighte en awhite background. Saidsign may bes single sidedifthes signf facei is-eriented parallel tet the read Small sites Hthet property invelvedi int the application! hasl lesst than 200) feet oft readt frontage then; inl lieu efthe signage required for large sites, one: sign 24i inches wide by 18i inches high shall be required. for small sites shall be provided by thezening administrater whe shall specify the eentent. Such signs shall be affixed tei aj pele, pest, fenee OF ether structure tel be elearly visible frome each publies reada abutting the preperty. Ifnej publie reads abut the property, then thes signs shall be pested atal leéation wherei it would have the highest publiey visibility Signs fors smalls sitess shall be returned te the zoning administrater immediately after their removal from the site by the  applieant:  (Zoning Ord. 2003,81 18.1-1002) Sec. 24-37.. Application deadlines. meeting date oft thel body that willl hold thel hearing.  (a) Fora any proposal whichi requires ap public hearing, includingt those for zoningr mapa amendmentsyariances, and special use permit, all application materials shall be submitted for review atl least 45 days prior to a normal (b) For any application which does not require al hearing but a decision by any public body other than the zoning administrator, including subdivisions and site plans requiring planning commission approval, all full applications received 14 days prior toa ai regular monthly meeting shalll ber reviewed at that first meeting and, barring  irregular circumstances, ac decision rendered: att the next regular monthly meeting.  (Zoning Ord. 2003,81 18.1-1011)  128    Page 24of1 147  Sec. 24-38. Zoning certificates.  Zoning certificate: shalll bei issuedi ina accordance with the following provisions andj procedures: (1) Issuance and display. The zoning administrator shalli issue a: zoning certificate, in conjunction with a building permit, ifr necessary, for any permitted use ors structural alteration, provided such proposed use ofl land or structure, or structural alteration, isi inc conformance with the provisions set forth herein. The zoning certificate shall indicate whether the usei is aj permitted use, a special use, or a variance ands shall be conspicuously posted and displayed on the premises during the period of construction or reconstruction. A: zoning certificate must bec obtainedi from the: zoning administrator prior tot thei issuance ofab building permit by the building inspector. All zoning certificates shall expire and be null and void (2) Application procedures) for permittedi uses. Applications fora a zoning certificate: shalll bes submitted tot the An application for a: zoning certificate fora a permitted uses shalll be: accompanied by documentation appropriate tot the: application whichs shalli include, at thes solec discretion oft the: zoning administrator, floor plans, elevation plans, and plot plans showing setbacks.and! building size ifas site plani is not Ift the proposed documentation is in conformity with.theprovisions set forth herein, and other appropriate codes and regulations oft the town then ine effect, the zoning.administrator: shalli issue a zoning certificate. The zoning administrator shallretain the application and one copy of the documentation: submitted witht the application for a: Zoning certificate-for hist records. Ift the application and site plan submitted describes work which does not conform to the requirements set forthl herein, thez zoning administratorshall novissue az zoning certificate, but shall return one copy oft thes site plant tot the-applicant alongy witha as signedi refusal in writing. Suchi refusal shalls state ther reasons forr refusal and shallcitet thej portions oft this chapter with which the submitted site plan does not comply. The zoning administratorshall: retain one copy oft thes site plan and one (3) Application, procedures for specialuse. Applications for a zoning certificate for a special use (special use permit)s shall bes submittedt tothe zoning: administrator, whos shall refer the: application tot thej planning commission, for apublieh hearing. Applications for zoning certificates for special uses must bes submitted An application shallbe-dccompanied" by an: approvable site plan with all associated documentation Thea application shalll bes senttot the commission. The commission: shall presenti itsr recommendations tot the town council. Failure oft the commission to report 100 days after the first meeting of the commission after the proposed special use permit has been referred to the commission shall be deemed approval unlesst the: application has been withdrawn by the applicant priort to thee expiration of the time period. Int the event of and upon such withdrawal, processing of thej proposed special use permits shall cease without further action as otherwise would be required. The town council shall consider the proposed special use after notice and public hearing in accordance with Code of Virginia, $ 15.2-2204, as amended. All motions, resolutions orp petitions fort the proposed special use permits shall be: acted upon: and ac decision made withins suchi reasonable time as may ber necessary but note exceeding 121 months from the date the applicant files a complete application unless the applicant requests or consents to action beyond such period or unless the applicant withdraws! his motion, resolution or petition for as special use permit. Int the event of and upons such withdrawal, processing oft thei motion, resolution or petition shall cease without further Ina additiont tot thes specific requirements for special use ass specifiedi int this article, the town council shall review the particular facts and circumstances ofe each proposed usei int terms oft the following standards and shall find adequate evidence showing that such use att the proposed location:  121 months after they arei issuedi ifc construction! has noth begun. zoning: administrator according tot the following provisions: otherwise required by this chapter.  copy oft ther refusal.  ina accordance withthéfollowing procedures: as required under articleXI of this chapter.  action: as otherwise would be required by this section.  129    Page 25of1 147  Willl bel harmonious with andi ina accordance with the general objectives, or with any specific objective oft the town's comprehensive plan and/or this article; Will be designed, constructed, operated, and maintained sO as to be harmonious and appropriate ina appearance with the existing ori intended character oft the general vicinity and that such use willi not change the essential character oft thes same area; 3. Will not bel hazardous or disturbing toe existing or future neighboring uses; Willl bes serveda adequately bye essential public facilities and services such ash highways, streets, police: andi fire protection, drainage structures, refuse disposal, water and sewers, and schools; ort thatt thej persons or agencies responsible for the establishment oft the proposed use shalll be 5. Will not create excessive additional requirements at public costs for public facilities and services and will not be detrimental tot the economic welfare oft the community; Willi noti involve uses, activities, processes, materials, equipment and conditions of operation that willl bed detrimental to any persons,] property, ort the general welfarel by reason ofe excessive production oft traffic, noise, smoke, fumes, glare, odors.or water pollution; 7. Willl have vehicular approaches tot the property which shall be sO designed as not to create any interference with traffic ons surrounding pubfiestreetsorroads: and Will not result in the destruction, loss or damage of a natural scenic or historic feature of Conditions setf forth: above andi ina article XIoft this chapterfor the various special use: are minimum. Ina approving: aj proposed special use, townçouncil may stipulate such additional requirements as are necessary to the public interest. The town council may require the applicant to furnish a performance bond in an amount sufficientf for,and conditional upon, the fulfilling of any and all Ifthet town council approves.t the application fora: zoning certificate: for aj proposed special use, the zoning administrator shall issue a zoning certificate in accordance with subsection (2) of this Ifthet town councit disapproves the-application: for a zoning certificate fora a proposed special use, thet town councilshalli inform theapplicant oft the decisioni in writing within 600 days from the date oft the public hearing,stating thei reasons for disapproval. The: zoninga administrator shall retain one copy oft thes site plan andtwo copiés oft the refusal and keep them asa aj public record. Substantially thes samej petition affecting the samel land shall not! bec considered withina any 12-month Priortoa ane expansion ofa an approved special use, thec owner, orl his agent, must submit ana application for an amended: zoning certificate application for a special use, in accordance witht thes special use provisions herein, whenever the cumulative expansion, or expansions, exceeds 25 percent in the aggregate off floor area of the structure, or use, originally approved for the currents special use. (4) Expiration. A zoning certificate shall automatically expire 12 months from the date ofi issuance ift the persons, firm, or corporation to which the certificate was issued has not clearly demonstrated that the certificate is being exercised for the purpose for whichi it wasi issued, or ift the work so authorized: is (5) Certificate of zoning compliance. Its shall beu unlawful tou use or occupy or permit the use of occupancy of anyb building orp premises, orb both, orp partt thereofk hereafter created, erected, changed, converted or wholly orp partly: altered or enlargedi ini itsu usec ors structure untila ac certificate ofz zoning compliance shalll havel been issued by the zoning administrator, orl his appointed agent, stating that the proposed use of the building orl land conforms tot ther requirements oft this chapter ina accordance with the: approved zoning certificate or variance. A certificate of use or occupancy, asr requiredi ins section 119.0of the county building code, shallr not bei issuedb by thel buildingi inspector until certificate of zoning compliancel hasb been issued. For  able top provide adequately any such services;  majori importance.  conditions andi requirements stipulated by therespectiveboard. section, indicating thes special nature oft theuse.  period.  suspended or discontinued: for period of 121 months.  130    Page 260 of1 147  convenience and at the discretion of both the zoning administrator and the building inspector, the certificate ofz zoning compliance. and certificate of use or occupancy may bec combined as one certificate. The town council may, from time tot time, after examination, review and public hearing thereon, amend, supplement or changet thej provisionsl herein or subsequently established. Proposals forz zoninga amendments, whether initiated by the town council, the commission, or by written petition oft the owner, contract purchasers with the owner's written consent, ort the owner's agentt therefore, oft the property whichi is thes subject oft thej proposed: zoning (1) An applicationi must bes submittedi in writingt tot the: zoning administrator on: ai form provided by him: and must be accompanied by two copies of an approvable site plan, where applicable, of the proposed amendment in accordance with article XI of this chapter and with such other reasonable information shown thereon as be required by the zoning administrator. The zoning administrator shall submit said The commission shall consider thej proposed amendment after notice andj public hearing in accordance with Code of Virginia, $1 15.2-2204, as amended. The commission: shall present its recommendations to thet town council.1 Failure oft the commission tor report 100 days'after the first meeting oft the commission after the proposed amendment or reenactment has been refèrred tot the commission shall be deemed approval unless the proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration oft the timej period. Int the event of and Pisehwhcang of the proposed amendment or reenactment: shall cease without furtheractiona as otherwise would ber required. (3) The town council shall consider the proposed amendment after notice andp public hearingi in accordance with Code of Virginia, $1 15.2-2204, as; amended.Alln motionsresdlutions. or petitions for amendment to the: zoning ordinance and/or map shallbe actedupon.and: a decision made within such reasonable time asr may ber necessary but note exceeding12n months-fromrthedater the applicant files complete application unless the applicant requests or consents'to: action beyonds such period or unless the: applicant withdraws his motion, resolution orp petitioni foramendment tot the zoning ordinance or map, or both. In thee event of and upons such withdrawal, processing oft themotion, resolution or petition shall cease without further (4) Any petition for a zoning amendmentmay be withdrawn prior to action thereon by the town council at the discretion of the person, firm, or corporation initiating such a request, upon written notice tot the Substantially the same petition-affecting the same land shall not be considered within any 12-month  (Zoning Ord. 2003, $18.1-1003)  Sec. 24-39. Procedure: for requesting: a zoning: amendment.  map amendment, shall bet treatedi ina accordance with thei following procedure:  application tot the commission.  action as otherwise wouldber requiredby thiss section.  zoning: administrator. period. (Zoning Ord. 2003, $18.1-1004) Sec. 24-40. Conditional zoning.  (a) Purpose ofc conditional: zoning. Thej purpose of conditional zoningi ist top provide ai method for permitting ther reasonable and orderly development andu use ofl landi int thoses situations iny which peculiar specific circumstances indicate that the provisions. herein are not adequate. Int these cases more flexible: and adaptable zoningr methods are needed top permit differing land uses and att the same time to recognize effects of change. Ins suchi instances reasonable conditions voluntarily proffered by the owner oft the subject property to whichs such conditions are applicable for the protection oft the community (which conditions arer notg generally applicable to other land similarly zoned) when considered" withe existing zoning ordinance district regulations: should cause thei requestedi rezoning tob bec compatible (1) The owner oft thej property whichi ist the subject ofai request ofaz zoning amendment under section 24-39 shall,i ifhee electst toobtain conditional: zoning, voluntarily profferi in writings such conditions asl hec deems appropriate at the time of filing an application to rezone the property or by such later date as the  withe existing zoning and usesi int the: area.  (b) Approval ofo conditions as parto of an amendment tot the zoning map.  131    Page 27of1 147  commission shall establish, but in any event before the commission: makes its recommendation tot the town council. The written conditions shall be part oft the site plan of thej property required under article 2) Int the event that additions thereto or modifications thereof are desired by the owner of the property, whichi ist thes subject oft thej proposed zoning amendment, thes same shall ber madei in writing nol less than 21 days priort tot the time: at whicht thec commission: makes recommendation: tot thet town council unless the Specifically establishes such greater orl lesser time period asi itc deems reasonable. (3) The town council may consider additional proffers, deletions, and/or amendments toa all such conditions provided same have been voluntarily proffered in writing by the owner of the property whichi is the subject of the proposed zoning amendment prior to advertising the public hearing at which the town (4) Ifthec conditional zoning is approved the applicant must apply for a zoning certificate as required under section 24-38. The application for a zoning certificate may be submitted concurrently with the (c) Permitted conditions as part of an amendment to the zoningmap. The town council may approve  XIoft this chapter. commission:  Specifically waives sucht time period; or  council renders its decision thereon. conditional: zoning application.  reasonable conditions toaz zoning amendment provided that the following criteria aremet: (1) The zoning amendment: itself must give rise tot ther needi fonthe-conditions; Such conditions: shalll have ai reasonablei relation't tot lhezoningamendment, (3) Such conditions: shall noti includeac cash contribution tot thetown; (4) Suchconditions: shall notr require mandptoydeli-tionofr realorp personal property for opens space, parks, schools, fires stations, or other public facilities notothèrwise authorized! by law; No condition shall bej proffered thati isnotr related tot the physical development or physical operation of (6) All such conditions shall bei inconformity withthetown's comprehensive plan; and (7) Thej provisions oft thisArticleshallnott beusedfort the purpose of discrimination: ink housing. (1) The zoning maps shalls show by.ana appropriate symbolt the existence of conditions attached tot the zoning. 2) The: zoning administrator: shall maintain a conditional: zoningi index whichs shall be: availablei int the office of the zoning administrator for public inspection during office hours. The index shall provide ready access tot the: action taken! by thet town council creating such conditions ina accordance witht the provisions (3) Before any permits can! bei issuedt tob begin construction or fort the occupancy ofa ane existing structure, the applicant shall file and recordi int the office oft the clerk oft the circuit court oft the county the conditions These conditions: shallb bei indexed undert ther names oft thel landowners oft thej property being conditionally zoned. The: applicant shall submit ar notarizedl lettert tot thez zoning: administrator: andt thel buildingi inspector certifying that the conditions havel been recorded witht the clerk oft the circuit court. (e) Enforcement and guarantees. Inc order to thei intent and purpose of conditional zoning approved in accordance with the provisions herein, the: zoning administrator shall be vested with all necessary authority on behalf of the town council to administer and enforce conditions attached to an amendment tot the zoning map  thep property;  (d) Records ofo conditional: zoning.  herein: ands shall clearly list all conditions applicablet toe each.  approved by the town council.  including:  (1) Ordering, in writing, compliance with such conditions; 2) Bringing of appropriate legal action or proceedingt toe ensure compliance;  132    Page 28 of1 147  (3) Requiring a guarantee- OF centract OF beth for censtruction- ef physieal mprovements- apprewed as -waA Requiringag guarantee. satisfactorytothet town council, inana amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, ora a contract for the construction oft thei improvements: and the contractor's guarantee, inl like amount and sO conditioned.V which guarantee shall be reduced or released by the town council. or agent thereof, upon the submission of satisfactory evidence that construction of the improvements has been completed: in whole ori inj part. Failure tor meet all conditions shall constitute cause to deny the issuance ofa any of ther required use. occupancy.or building permits.a as may be appropriate; (4) Denial ofaz zoning certificate priort tot thei issuance of any occupancy or building permit; and (5) Making an annual compliance report tot the commission and town council ont the anniversary of such (f) Review of decision by the zoning administrator. Any applieant-whe-is aggrieved by_any order, requirement, OF decisien made by the zoning administrater relating tet the administration- OF enfereement oft this Ordinanee may appeal the onletr-reguirememt,ors deeision tot thet beard of zoning appeals. The deeision Ons sueh appeal shall bel based ent the beard'sj judgment of whether the zoning administrater was correet. The beard shall eonsidert thet purpese andi intent ofanya spishieonimanses.lavsamnéregetio* im-makingits- decision-A-pelition deeumenting suchappeal shall bet filedy with teromingadminisser whe-shall forward thes petitiona andj justification begiven as required by the Cedee of Virginia, 1950as-amended-, Any.zoning: applicant orany other person whois aggrieved by a decision of the zoning administrator made pursuant tothe provisions of Code of Virginia, S1 15.2- 2299may petition thes governing! bedytown council forr review ofthedecisionoft thez zoninga administrator. Allpetitions forr reviewshall bet filed with the zoning administrator: andy witht thet town clerk.within 30 days from the date oft the decisioni forwhichi review is sought ands shall specify the grounds upony whicht thepetitioner: is aggrieved. A decision byt the lerktown council on an appeal taken pursuant tothis section shall bel binding upon the owner of the property whichi is thes subjectof such appeal onlyi ifthe ownerofsuch property has been provided written notice of An aggrieved party may petition the circuitcourt forreview ofthe decision of the governing body on an appeal taken pursuant tot this section. The provisions afColeofVirpinia.s 15.2-2285(F) shall apply to such petitions to  approval certifying compliance with such conditions.  fort the decision tot thel bearde ef zoning eppealsattheeatiestp practical  Oticeef the-hearing ent the matter shall  Commented [SM8]: Eric- Clerk?: Should bez zoning administrator? Governing body? Erics says: Iagree. Its shoulds say" "Town Council."  thez zoning violation, wnitendetermination, or other appealabledecision  the circuit court, mutatis mutandis. (g) Amendments and variationsof conditions. section 18.1-10041 herein andother applieablel law. thee datee ofs such-official action.  AH amendments-ander- variations of adoptede eonditions shallt be-madei ins aeeerdanee with provisiens-ef After the towne couneil has taken-efficial action either granting, denying,er permitting withdrawal ofa petition for any ehangein zoning invelving zoning eenditiens,er any-ehange ef zoning eonditions, ne ethert petitions for substantially thes same ehange shall again be-eonsidered in lesst than 12menths from (1) Subject to any applicable public notice or hearing requirement of subsection (g)(2) of this section but notwithstanding any other provision of law. any landowner subjectt to conditions proffered pursuant to Code of Virginia, $1 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1r may apply tot the town council for amendments to or variations of such proffered conditions provided only that written notice of such application be provided in the manner prescribed by Code of Virginia. $ 15.2-2204(B). Further. the approval ofs such an amendment or variation byt the governing bodys shall not ini itself cause the use of Theres shall ber nos sucha amendment or variation of any conditions proffered pursuant toCode of Virginia, $15.2-2297. 15.2-2298. 15.2-2303. or 15.2-2303.11 until after apublic! hearing beforet the town council advertised pursuant tot the provisions of Code of Virginia, S1 15.2-2204. However, where an amendment tos such proffered conditions is requested pursuant tos subsection (g)I)of this section. and wheres such amendment does not affect conditions of use or density, a local governing body may waive the requirement fora apublic hearing under this section and under any other statute, ordinance, or proffer  any other property tol be determined. ar nonconforming use.  requiringapublicl hearing prior to amendment of such proffered conditions.  133    Page 29of1 147  (3) Once amended pursuant tot this section. the proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced by the zoning administrator pursuant to the applicable provisions of Code of Virginia, title 15.2,ch. 22( (Code of Virginia, 81 15.2-2200et: seq.). (4) Notwithstanding any other provision ofl law, no claim of any right derivedf from: any condition proffered pursuant to Code of Virginia,1 152-2297.152-298. 15.2-2303.or 15.2-2303.1 shall impairt the right of anyl landowner subject to such aj proffered condition tos secure amendments too or variations ofs such 5) Notwithstanding any other provision of law, thet town councili may waive the written noticer requirement of subsection (g)(I) of this section in order to reduce. suspend, or eliminate outstanding cash proffer payments fori residential construction calculated on aper-dwelling- unit orp per- home! basis that havel been  proffered conditions.  agreedt to. but unpaid, by any landowner.  (Zoning Ord. 2003,81 18.1-1005) Sec. 24-41. Administrative! fees structure. accompany appropriate applications. Appleatien-ype PermittedUse Special uset permit Zoning Variance 1103 Other Sitel Plan -P-tE Preliminary-Plat Final Plat (Zoning Ord. 2003,81 18.1-1009) Sec. 24-42. Traffici impact review. (a) Purpose.  Statel law reference-Comlitional: zoning, Code of Virginia, $ 15.2-22966 ets seq.  Inc order to cover costs incurred by the town council, the commission, the board of zoning appeals and the zoning administrator incidental to the review, hearing and reporting ofthe processing applications for a zoning certificate for aj permitted use ora as special use permit, a: zoning amendment, an administrative review, a variance,a site plan and subdivision plats, the following fees as may be adopted by the towncouncil shall be-required-te  Applicatien Fee Ne-fee $300 $300 $150 Nefee Ne-fee $-40 $601$15Aet  Ayph-tl-twkde $300 Site Plans - $200    (1) A direct correlation exists between land development decisions and traffic operations. Development pressures within the town! have created the potential for thei inadequate operation ofi roadways within the town. The intent of this section is to establish requirements for the analysis and evaluation of transportation: impacts created by proposed developments. Development involving significant amounts of traffic shall be evaluated to ensure that adequate capacity is provided to safely and conveniently (2) At traffici impact study assesses the impact ofa proposed development, zoning change, or special use approval ont the transportation system. Its purposes aret to ensure that proposed developments orz zoning  accommodate traffic demands.  134    Page 30of1 147  changes do not adversely affect the existing transportation network, toi identify any traffic problems associated witha access from thes sitet tot thee existing transportation: network, to outline solutions top potential problems, and top presenti improvements tol bei incorporated: into thep proposed development. (3) In order to facilitate the planning necessary to accomplish an effective and efficient transportation system, the townl has developed guidelines for at traffic impact study ("study") which identifies general criteria that applicants should address in assessing the transportation impacts of their proposed developments. The purpose of the study guidelines is to standardize the submission ofi information regarding thei impact resulting from development ont thei immediate transportation network. As study,if required, is tob bes submitted with ai rezoning application ors special use permit application ors submittal of (b) Responsibility." The owner/developer (applicant) has the responsibility for assessing the traffici impacts foraj proposed development. Thet town, with assistance: from thel local state department oft transportation (VDOT) office servesi ina areview capacity only. This determination: should ber madei int the early plannings stages ofap project (c) Determination of need. Each proposed development will be evaluated based on the conditions surrounding the location and the future land use plans as shown in the comprehensive plan. Those applications (rezoning and special use permits) and plans (subdivision or site plan) Whosèdevelopment will generate greater than 500 vehicle trips per day shall submit: a study that addresses the.criteria outlined in this section.. Applications and plans whose development will generate less than 500 vehicle irips per day shallsubmit a study that addresses the criteria unless suchi is waived by thez zoning: administrator whomay use several factors in determining whether astudyi is required. Theset factors include, but are not limitedt to, thet following: accessionto ai roadway classified as ana arterial road, the potential impact upont thel local and regional-roadi network, the capacity andl level ofs service on the adjacent roadways that will serve the development, roadway geometrics, the type and size of the proposed development, traffic operations at alli intersections whichprovide access tothe site, and issues of safety and/or (d) Study area. The study area tol be addressed by the applicant should be regional in nature and should include all roadways and majori intersections affected by thej proposed development. The area tol bes studied should bec discussed with duringt the preapplication conferençe. The extent oft the study area will be determined' by the size oft the proposed development, type ofdeyelopment, existing.andi future land uses in the area, and the existing: and future transportation network. Alltraffic proposed-tol be generated by approved, but unbuilt, development in the study area shouldb bei includedi inthet transportation: network analysis. Thisi includes all approved: subdivision plans, sitep plans and: zoned property. Thec duration oft thes study periods shouldi include the: anticipated build- -out oft thep project (1) Trip generation rates may be obtained from the Institute of Transportation Engineers (ITE) Trip Generation Manual (average trip generations), except for residential land uses which should use the  as subdivision planc ors site plan.  through the use oft the preliminary conference.  traffic operations.  plus one additional year toe ensure: accurate projection oft traffici impacts.  (e) Trips generation rates. following rates:  Housing Type Single-family dwelling unit 10trips/day/unit Townhouse Aparmemt.comdominium  Trip Generation. Rate Strips/day/unit 6trips/day/unit  (2) Applicants may use other generally accepted documents (such as thel Federal! Highway. Administration's Development of Trip Generationl Rates or the Virginia Highway and" Transportationl Research Council's Special Land Use Trip Generation in Virginia) to obtain trip generation rates, but supporting documentation relative to the rationale for those rates must also be provided. These same general guidelines shall apply tot the generation of peak hour flows ati majori intersections. Int the determination  135    Page 31 of1 147  of these rates, applicants are encouraged to provide up-to-date (within 12 months from the application date) peak hour traffic counts for all applicable intersections. This may be accomplished through the applicant preparing actual traffic counts (utilizing VDOT performance criteria) ora adjusting older VDOT traffic counts (not tob ber more thant three years old) witha appropriate population projection data. 3) Ind determining the' "build out" for undeveloped parcels int the area,t three-fourths (75%)oft the maximum allowablei residential density should bea assumed: along with ai floor area ratio of0.251 for retail uses, and 0.41 for office uses, except in cases where the town has been given assurances: as tot thet total residential and commercial development perceived for a given tract of land. Reductions tot the figures one external roadways relative tou undeveloped parcels int the: areai may be: allowable toa allot fori internal development trips. Reduction oft the figures fori internal capture of vehiclet trips within the project may be considered. (I) Process. The applicant shall submit copies of the study to the zoning administrator in a reproducible format at the time of application or plan submittal. The zoning administrator will distribute the study and may request opinions and/oro decisions either verbal orv written, from other departments, divisions, agencies, or authorities oft the town or state. All: agencies shall acti in ane expeditious manner tor review the study and provide comments to (g) Study submission criteria. The studys shalll bej prepared by aj personor person professionally qualifiedto dos such work, thei identity and qualification tol bei included." Thes study shall contain the followingi information and  However, the rationale fort these reductions should be documented.  thet town.' The applicant willl ber notifiedi in writing of the acceptance oft thes study.  be providedi int ther recommended format below. (h) Study contents. (1) Introduction.. Ab brief description oft thes sizea andi oft thes site along withe existing uses int the Sitel location ands study area. / Existing andj proposeds site uses. Existing and proposed poathyuses d. Existing roadways andy programmedi improvements.  generalt terrain features, roadways The outline shalli include:  that provide access tot the site, and other pertinenti information,Study: area map, including proposed use   thes   2) Analysis of existing conditions. Existingand proposed zoning for the area, including adjacent parcels, average daily traffic (ADT), peak hour traffic volumes (a.m. and p.m.), evaluation of level of service (LOS) and Volume/capacity, ratio for allin intersections and road segments within the study area. All assumptions, which determine projectéd background traffic and rationale for all assumptions shall be provided. Specific developmentproject. names andi respective development squaref footage or residential units shalll be provided where appropriate. Thej phasing of development, asi iti relates tot traffic generation projections, shall be described. All traffic counts andl level of service worksheets shall bei includeda asa a part oft thet traffics study. Thet traffic-modeling program used shalll bei identified. Thec outline shalli include:  a. Daily andj peak hour traffic volumes. Capacity analyses at critical points. Levels ofs service: at critical points.  (3) Analysis of future conditions without development. Describe the anticipated traffic volumes int the future and the ability of the transportation: network to accommodate this traffic. The study shouldl look at both short-term (threet tof five years) forecasts and long-term (tent tol 15 years) forecasts. The traffics study shall include maps depicting the preferred alternative. One map should depict existing versus proposed conditions, drawn tos scale. One maps should depict existing versus proposed right-of-way. Under most circumstances, the applicant, minimizing disruption to adjoining properties, should implement improvements. In areas of complex traffic patterns, the applicant may propose to implement part ofa  larger scale solution. The outlines shall include: Daily andj peak hour traffic volumes.  136    Page 32of1 147  b. Capacity analyses at critical points. Analysis shouldi include programmedi improvements. d. Level ofs service at critical points.  (4) Trip generation. The directional distribution of trips generated by the proposed development both internally and externally at majori intersections should be documented. The rationale fort the distribution should also bej provided (i.e., access tor major transportation arteries orl location of commercial centers). Applicants should give consideration tol limiting factors that will affect the capacity of the roadways in thes study area and make the appropriate adjustments tot thet transportation network trips generation rates. These factors include, buts should notl bel limited to, severe horizontal and vertical curvature, heavy truck traffic, poor lateral clearance, poor surface condition, poor shoulder condition, ands signalization. (5) Analysis off future conditions with development. Documentation oft thel level ofs service post development. The applicant may incorporate projected new approach and turn lanes, and pedestrian, transit, and paratransitt transportationi modest tob be providedbyt the: applicant orc otherwise assured tot thet town through approved site plan, subdivision plans, rezonings, ors special use permits. Documentation: ast tot ther reasons for traffic generation being mitigated from these projects should bei incorporated into thes study. Access crossovers, speed limit changes, or traffic signal locations/installations may only be considered upon  approval by VDOT. The outline shall include: Future daily and peak! hour traffic volumes. b. Capacity analyses ato critical points. Analysis shouldi include profferedi improvements . Levels ofs service: at critical points.  (6) Recommended improvements. If unsatislactory lèvels ofs service aret to occur, then the applicant should provide thet town with any proposedi improvements (includingproject phasing) which willr mitigate any negative impacts generated by the proposed development-The: applicant shall document to the town some form of assurance that these improvements willb bei inp place prior tot the proposedi negative impacts  beings generated. The outline shalli include: Proposedi improvements.  Capacity analysés atcritiçal points (vithimprovements). Levels ofs service: atcritical pointswithi improvements). 7) Conclusions.. Executive: summary ofs study's findings.  Alternative requirements. The requirements in this section are intended to supplement requirements (1) The study or studies required by traffici impact review regulations shall be submitted to the reviewing authority, as required, anda ai full written response by the appropriate reviewing authority submitted tot the zoning administrator along with the application for approval oft the development proposal prior to the application being considered complete. Ass such, thet time required fort thet traffici impacti review shall not overlap with thet time required fort thei return ofad decision by any town agency. 2) All fees required for the traffic impact review shall be paid by the person submitting the development  imposed by the Commonwealth. As such:  proposal. (Zoning Ord. 2003,818.1-919) Secs. 24-43--24-72. Reserved.  DIVISION2. SITEI PLANE REVIEW*  *Statel law reference- Site plans, Codec of Virginia, $ 15.2261.1.  137    Page 33of1 147  Sec. 24-73.1 Intent. ofb building ands site design. (Zoning Ord. 2003,1 18.1-1101) Sec. 24-74.1 Procedure! for site plan review. for processing.  Site planr reviewi isi intendedt toe ensure proper designi int types ofc development" which can! have deleterious effects ont their surroundings. These effects are subject toi modification orr reduction through the physical design ofs such development. Review oft the design, therefore, is aimed at the greatest possible benefit tot the community as ai result  (a) Whenever the owner or proprietor of any tract of land located within the town desires to develop any class oft usel listedi ins section 24-75, hes shall submit aj plan oft the proposed development tot thez zoning administrator (b) The owner or his representative is encouraged to consult with the zoning administrator for advice and assistance ont the development. The owner may submit sketch plans and data showing existing conditions within thes site andi ini its vicinity andt thej proposed layout oft the development. Thez zoning administrator: shall returna a copy of the submitted sketch plans tot the developer with written comments: indicating where the plans do not comply with ther requirements setf forthl herein. Submission of said sketch] plans and accompanying data shall not constitute (c) When the zoning administrator determines that an applicationi involves.development requiring site plan review, the zoning administrator shall notify the applicant that-such review is required and shall require the documentation listedi int this section. Any development: meetingt the criteriàin section 24-75 shall be reviewed: and be made subject to approval by the planning commission. heplamingcomimisiog: may approve, approve with (d) Any person proposing a development that requires as site plan under section 24-75 shall submit tot the zoning administrator: six copies ofas site plans showingt thegeneral design andi layout oft thec development. The: zoning administrator shall transmit copies oft the site plan'to VDOT,thel health department, the erosion and sediment control (e) The site plans shall be revieweginacconlance with the procedures set forthi int this section. (I) Within 45 days after submission of the siteplan and accompanying documents to the zoning administrator, the commission: shallapproveapprovet with conditions, or disapprove the site plan; the commission shall cause tol havej prepared twocopiesof a statement noting reasons for commission disapproval or conditional approval, if applicable, and shall return One copy of-statement andj plat tot the developer with notification: in writing oft the action oft the commission. One copy of said statement and preliminary plat shall be retained by the zoning administrator: for comparison with futures site plans, where applicable, submitted by the developer. (g) The approval for any site plan approved by the planning commission shall expire and be null and void (h) The: approval ofs site plans solelyi involving parcels of commercial: real estate byt the planning commission orotheragent: shall be governed bys subsections ()t through (m)oft thiss section. Fort the purposes oft this section. the () The planning commission shall act on any proposed site plan within 60 days after ith has been officially submitted for approval by either approving or disapproving the plan in writing and giving with the latter specific reasons therefor. Thep planning commission or other agents shall not delayt the official submission of any site plan! by requiring presubmission conterences, meetings, or reviews. The commission or agents shall thoroughly: review the plan and shall in good faith identify, to the greatest extent practicable, all deficiencies, if any, with the initial submission. However.i if approval ofa afeature orf features oft the planb byas state agencyo orp public authority authorized by state lawi is necessary, the commission ora agent shall forwardt the plant tot the appropriate state agency fori review withint ten! business days ofr receipt ofs suchp plat or plan. Specificr reasons for disapproval: shall! be contained eitherin aseparate document or on the plani itself. The reasons for disapproval shall identify deficiencies int the plan that caused the disapproval byr referencet tos specific duly adopted ordinances. regulations, or policies ands shalli identify, tothe greatest extent practicable. modifications or corrections that willy permit approval oft the plan.  the official filingo ofay proposed subdivision.  conditions, or deny approval ofas site plan. officer, or any other relevant agency or department.  121 months after the vote for approval ifc construction! has not begun. term' 'commercial" means all real property used for commercial ori industrial uses.  138    Page 34of1 147  G) Int the review ofan resubmitted site plan that! has been previously disapproved, the planning commission orother agents shall consider only deficienciesi ithadi identifiedi ini its review oft thei initial submission oft the plant that have not! been corrected ins such resubmission and any deficiencies that arise as ar result of the corrections made to address deficiencies identifiedi int thei initial submission. Int the review oft the resubmission ofap plan, the planning commission or other agents shall identify all deficiencies with the proposed plan that caused the disapproval by reference tos specific duly adopted ordinances. regulations or policies ands shalli identify modifications or corrections that will permit approval of the plan. Upon the second resubmission ofs such disapproved plan, thel local planning commission or other agent's review shall bel limiteds solely tot the previously identified deficiencies that caused its (k) Thel local planning commission or other agent shall act on anys site plant thatith has previously disapproved within 45 days after thep plan! has been modified. corrected andi résubmittedi fora approval. Thei failure oft the planning commission or other agent to approve or disapprove: aresubmitted plator plan withint the time periods requiredby (I) Notwithstanding the approval or deemed approval of any site plan,any deficiency in any proposed plat orp plan that. ifl left uncorrected. would violate locai-stateorfederall law. regulations. mandatory state departmentof transportations engineering ands safety requirements.: and other mandaton/enginsering. ands safety requirements. shall not be considered, treated or deemed as having been approved by the planning commission or other agent. Should any resubmissioni include amateriali revisionofi infrastructure or physical improvements) from the earliers submission ori ifar material revision int the resubmission creates anew requiredr review by the state department of transportation or by as state agency or public authority-authorized by statelaw, then the planning commission or other agent's review shall not bel limited to onlyt thepevasyidemifed. deficiencies identifiedi in the prior submittals and may consider deficiencies initially appearingin the resubmission because ofs such material revision. (m) Upon receipt oft the approvals from alls state agencies and other agencies, thel local agent shall act upona  disapproval.  this section shall cause the plan tol be deemed approved.  platy within 35 days. (Zoning Ord. 2003, $18.1-1102)  Statel law reference--Site) plana approval, Codec of Virginia, $1 15.2-2259. Sec. 24-75.1 Developments subject tos special site plan review.  The following types of development shall bes subject tot thes site plan review provisions unders section? 24-76: (1) All commercial, industrial andi institutional buildings that have 2,000: square feet or more inf floor area, including buildings converted from any other uset to commercial, industrial ori institutional use. (3) Alli residential developments involving moret thani four dwelling unitsi inc onel building ort three on onel lot. (5) Special use applications involving more than 2,000 square feet ofr newl building area.  (2) Alli institutional: facilities such: as schools, hospitals ando clubs.  (4) Mobile home parks. (6) Conditional: zoning applications. (7) Townhouse development projects. sketchi forr review. (Zoning Ord. 2003,81 18.1-1103) Sec. 24-76. Documentation.  (8) Any proposed! building that has 2,000 square feet orl less inf floor: area will require only ani informational  (9) Any usel listed: as specifically requiring as site plan.  The following requirements shall govern documents submitted for site plan review: (1) Site plans shall be submitted: ata as scale ofr not less than onei inche equals 1001 feet. (2) Six clearly legible blue- line or black-1 line copies oft the site plans shall bes submitted. Additional copies may ber required! by the: zoning administrator ifd deemed necessary by the: zoning administrator.  139    Page 35of1 147  (3) The names and addresses of owner and developer and a scale and north arrow shall bei included on all (4) The followingi information shall bei included ont the map ofe existing conditions: Names and addresses of owners ofr recordo ofa alla adjacent properties; Easements, rights-of-way, or other reservations affecting the property; Location of watercourses, marshes, rock outcroppings and'wooded: areas;  maps.  Currentz zoning boundaries, including surrounding areas toac distance of 100f feet from thej property  inc question; Topography; removed; and  Location of! buildings existing ont the tract tob be developed and on adjacent tracts withina a distance of 100 feet, indicating whether existing buildingson the_tract, are tobe retained, modified or Location ofe existing water mains, culverts,drains, pipes sizes,grades: and direction off flow. (5) The/following information shall bei included ont thèmap of proposed development: Stormwater management and erosion control measures as required by relevant law and regulationshe-sailersinwlt-nce. Approval oft the measures by the applicable stormwater maeenlerersieRpelregulaony agencys shall not! bei required prior tot the town's site planreview, but çonfinmation of drawings have been delivered tos such agencies shall accompany  plan-as-may beR ae  Commented [VH9): Doy yous wantt these changes per Hobbs? Commented [VH10R9]: Seea.a andd. Commented [SM11R9): yes  the-storwaler-mge thes site plan; Proposed topography;  eBcplregalasyayi.aeisapprpwala  Location ands size of proposed! buildings and uses thereof;  d. Proposed streets and other access and egress facilities (indicating curblines, sidewalk lines and public right-of-way lines); profiles and cross-sections of streets. Certification: from VDOT that the site plan meets all appropriate VDOT criteria shall be included in the site plan application Location of proposed utility lines, indicating where they already exist and whether they will be Proposed water ands sanitary sewer facilities, including pipe type, size, grades and designt factors as appropriate. Certification fromt thet town that as satisfactory plant toi installt thej proposedi new facilities Proposed location, direction of, power, and time and use of outdoor lighting. Lighting facilities shall bep provided: and: arrangeds sot thatl lighti is directed downward: andi notl horizontally ora at adjacent properties with special care to ast tor notr negativelyi impact residential areas; Proposed planting, including all landscaping and screening, and indicating existing trees to be  Formatted: Font: 11p pt, Not Bold  pyri Layout of off-street parking; underground;  has been provided shall accompany thes site plan;  retained and areas tol bel left undisturbed; Location, size and design ofp proposeds signs; Facilities for disposal of trash and other solid waste; Elevations ofb buildings tol bel built or altered on site; and the applicant int this areas shalll bei identified.  m. Vicinity map: at as scale nos smaller than 6001 feet toc onei inch, showing alls streets and property within 1,000f feet oft the property for whicht the applicationi isi made. Allp properties owned or controlled by (6) Thej planning commissioni may require additional information: fora special use to determinei itse eligibility  undert this chapter.  140    Page 360 of 147  (Zoning Ord. 2003, $1 18.1-1104) Sec. 24-77. General site plan review.  Fort those permitted uses noti requiring specials site planr review under section? 24-75,t two copies ofa an acceptable site plan and sketch reasonable information shown thereon shalll be submitted tot the zoning administrator along with the zoning certificate application. Such site plan shall include, as a minimum, the following: lot dimensions with property line monuments located thereon, location and size of existing and proposed structures; yarddimensions and the use ofs structures; easements (private andp public); watercourses; fences; street names: and streetright-of-way lines; and such otheri informationi regarding abutting property as directly affectst the: application.  (Zoning Ord. 2003,1 18.1-1105) Secs. 24-78--24-97. Reserved. Sec. 24-98. Creation.  DIVISION3. PLANNING COMMISSION"  *Statel law reference--Local, planning commissions, Code of Virginia, $1 15.2-2210etseq.  The town planning commission is hereby reestablished and continued in order to promote the orderly development oft the town and its environs. In accomplishing the objectiyes of Code of Virginia, $ 15.2-2200, as  amended, thep planning commission shall serve (Zoning Ord. 2003,8 18.1-1403.01) See-18-1403.02.4 Ceoperation of planninge The planning commission  town council.  :  OF legislative-and  administrativel bedies and efficials-efother! mi-wtwmert planning and develepment ameng the leealities. Thei planning commission may sPpiaFRORRAe and-maya adept Fules as needed te effeet such eeeperation. The planning commissien may a-cepeNe-wal state and federal officials, departments and agencies. the planning iyetys, and agencies, and sueh-departments: and  -  ageneies ef the development Sec. 24-99. Qualifications, commission.  information which may affect the planning and  removal, térms and compensation of members of the planning  -  -  The planning commission shall consist of seven members-apeineily the town couneilef the Tewn-ef Amhwllefahmaait-at by-knowledge and experieneet ter make decisiens pesiesefcemwwsd-amid.al- that at least ene halfe oft the members-se ppaimedahalheowewmesefruprepery. Planning commissioners: shalll ber requiredt tot take and oath of officel before One member oft the eommission may be-at membere oft thet town eouneil oft the Tewn-of Amherst, and one member may be an appeinted member oft the administrativel branchefs goverment oft the Tewn. The term ofe each eft these twer memberss shall bee ceextensive witht thet term ofeffice to-which hel has beene elected OF appeinted, unless the town couneil, at the first regular meeting each year, appeints ethers te serve as their representatives. The Femaining members oft the commission first appeinted shall serve respectively for terms ofe one year, twe years, three years, and four years, divided equally OF as nearly equal as pessible between the membership. Subsequent appeintments shall be fort terms of four years each. Thet town couneil maye establish different terms ofe office for initial and subsequent appeintments ineludingt termse ofe officet that aree coneurrent witht these oft thea appeinting Town Couneil. Vacancies shall be filled by appeintment for the unexpired term enly. Members may be remeved for The town-couneil mayi provide forcompensation te commission members fort theif-services, reimbursement  the clerk oft thec circuit court! before assumingt their duties.  malfeasancei ine office. foractuale expensesi ineurred, OF beth: (Zoning Ord. 2003, $18.1-1403.03)  141    Page 37of1 147  see. 18-1403-4-Metings  The planning commission shall fix the time forl helding regular meetings and shall meet at least once each year. Special meetings of the planning commission may be ealled byt the chairpersen er by twe members upon written request tet the seeretary. The seeretary shall mail toa all members, at least five days-in advance-efa-special meeting-2-WEHeR: notice fixing the time and place eft the meeting and the purpose thereef. Written notice et special meetingi ist nott requiredi ift thet time oft the special meeting! hasl been fixed ataregular members are present att thes speeialt meeting or fileawritten waiver ofi notiee: Amajerity the members shall censtitute-a a querum and no action oft thep planning commission sha!l be-valid See. 8-1403.06. Facilities for helding of meetings and preservation $4ari-: for Phetowreonei-msy providetheplamtinge emmisigRihiagHmeig-améte preservation plans, PAdameNsamdasaySeiE-tylepest see. -443-0fiees, empleyees and censultants; expenditures; rules rudaepisuneye  403.04) 8.1-1403.05)  --AM-9werm: majerity-vete.  unless mtndytmyseA these present and voting.  Zoning expenses. the commission ZeningOrd.2    Hg commission shallelectf from the appointed Rem.eIXAChApPerses iavedhpes.lawe  terms be for one year. # autherized by the town-counel hecommission effices as it deems necessary (H)-appeint such mpleyees with consultants fors such grants, shatt bewithint thet amounts ppepasorepep peset bythegovermingt bedy from time te time, for the purpese any members of the staffs Ord. ee. 1403.08.  ereate and flls such other necessary for S work; and ()  as Tesdrsw eft the commissien, exelusive-et gIS-OF surveys der the direction et the commission, assign- OF detail teit Wil, eh-geyerning bedyer other publie offieial may direet any sueh  he eommission shall adopt muiafferdhe-pasastions Ebusiness and shall keep-at reeord of itst transactions which shall be at publie recerd. Upen request Fihe-cemmissien, the towne couneiler other publie efficials may, department empleyee te make fort hecommissien pécial surveys studies requested by the commission  cemmissions.  to-ettectuate Hs ehaplet-theplamingeommisionshall. reseribe-fulest Pentmimgioisinvesgestgsiomsaméheu:igs:  Exereise general PePBORArRa regulations for,the BBRRdFIAaE: Superviset its fiseaaaiamérepen*PHmArgpPeeerktbythetowr Keep-a-complete recerd-ef-its proeeedingsand! be-responsible fort yr Make Fecemmendations- and an annual epeste-h-tewn-cemigi-afihe Prepare, publish ande distribute reperts,eminmanetsande ethermaterial relating to-its-aetivities; Prepare and submit an annual budgeti int the manneri preseribed by the governing! bedyoft the county OF  eouneil; papers-ande deeuments;  commission and thes statusef planningwithin: is-jurisdiction;  municipalityand  Fdeemed-adwisableesabiHARReMseRycORieee-ercemiees,  142    Page 38 of1 147  Co.A, See. 18-1403.09. Expenditures: gifts and donatiens. teitforits purpeses anda activities-  The planning eommissiont myespemunterregea leeal preeedure-asp Y-e A lecality may accept gifts and denations for commission purpeses. Any meneys se accepted- shall be depesited with the Town in a speeial nonreverting eommission fund to be-available for expenditure by the commission for the purpese designated! by the donor. The Treasurer of the Town ef Amherst may issue warrants against suchs special fundonly-upon voches-sigmed.by the chairpersent and the seeretaryoft the commissien  (Zening Prd. 2003, $18-1-1403.09) Secs. 24-100--24-126. Reserved.  DIVISION. 4.1 BOARD OF APPEALS; APPEALS*  *Statel law reference- -Board ofa appeals, Codec of Virginia, $1 15.2-2308ets seq.  Sec. 24-127.Thel board ofz zoninga appeals. continued. (Zoning Ord. 2003,81 18.1-1402) Sec. 24-128. Membership. and terms ofefficea ast fellews:  The townl board ofz zoning appeals, hereinafteri referredt toa ast thel boardiofappeals, ish hereby reestablished: and Ab board ofc consisting off fiver members shalll bea appointedbythec circuito court oft thec countyWitha appeintments The board ef appeals- members-a piapralw servérespeetively fort terms ofe ones year, twe years, three years, four years and sy shall bef forterms of five-years Amember whese termexpiress CNEEpeeeNiN hiss sueeessor qualifies andi ist Thes seeretary eft the beard efappeals-shall notify the eireuit court at least 30 days in advance of the expiration ef any term foffice, and shall alse notify the court premptly # any vaeaney eeeurs Appeintments te fill vaeancies-shal be enly fort the unexpired portion-eft thet term Any member may be remeved a-eawe OF nonfeasanee in office, OF for otherj just easebythe-cireuite courtt after! euringheldaferatikestSeaysmoltiee  each. Members may berppaimdie-ses themselves  Ne member shall held any eommission:  member-may be-a member of the planning    appeinted.  (Zoning Ord. 2003,81 18.1-1402.01) Sec. 24-129. Rules of procedure.  Thel board of appeals shall observe the following procedures:  (1) The board of appeals shall adopti rules ina accordance with thej provisions oft this chapter and consistent with other ordinances oft thet town and general laws oft the Commonwealth of Virginia for the conduct of (2) Thel board ofa appeals shalle elect a chairperson and vice-chairperson: fromi its ownr membership who shall serve annual terms ass such and may succeed themselves. Thel board may elect asi its secretary either one ofi its members or a qualified individual whoi is not a member of the board. As secretary whoi is not a member oft the boards shall not be entitled to vote onI matters before thel board. The election of officers shall bel held at thef first meeting oft thel board of appeals after. July lofe eachy year. (3) The board of appeals shall keep ai full public record ofi its proceedings and shall submit a report ofi its  itsa affairs.  activities tot thet town council atl least once each year.  143    Page 39of1 147  (4) All meetings of the board ofa appeals shalll bec open tot the public. respect top property in whicht the member has ani interest. asa a quorum oft thel board of appeals may determine. compelt the: attendance ofv witnesses. (8) A quorums shall be at least three members.  (5) Any member of the board of appeals shall be disqualified to act upon a matter before the board with (6) The meetings oft the board of appeals shall bel held att the call oft the chairperson and ats such other times (7) Thec chairperson or, in! his absence, the vice-chairperson or acting chairperson, may administer oaths and (9) Afavorablev voted ofa atl least threei members oft theb boardo ofa appeals shall ber necessary tor reverse any order, requirement, decision, determination of any administrative official ort too decidei inf favor oft the: applicant  ona any matter upon whicht the board of appeals isr required to pass.  (Zoning Ord. 2003, $1 18.1-1402.02) Sec. 24-130. Duties and powers. (Zoning Ord. 2003, $1 18.1-1402.03) (Amended Oetober 14,20157 See. 18-1402.04.1 Finaneing thel beardofappeals. Withint thel limits of seeretaries, elerks, legal appeals may (Zening see. Requests for specialt Artiele X1 herein (Zening  Thel board of appeals shall have the duties andj powers ass setf forthi in Codeof Virginia, $ 15.2-2309.  may empleyercetFet for services-Members of the beard-ef  #8-1-1402.04)  -5  aMapwpiw,  Sec. 24-131.1 Procedure: for requesting avarianceorani interpretation oft the zoning district map. Request for hearing before theboard ofa appeals fora a variance ora ani interpretation oft the: zoning district map (1) Applications foray variance, ora ap.interpretation oft the: zoning district map, as providedi for unders section 24-127, shalll bes submittedi iny writing to thez zoninga administrator: ands shall bea accompanied by two copies of an approvable site plan, where applicable, oft the proposed request in accordance with article XIof this chapter and withs such other reasonablei information shown thereon as shall ber required by thez zoning administrator. The zoning administrator shall submit said application concurrently to the commission (2) The commission: may consider the proposed request and may present its recommendations to thel board (3) The board of zoning appeals shall consider the proposed request after notice and public hearing in accordance with Code of Virginia, $ 15.2-2204, as amended, and shall take action on the proposed (4) Any petition for ay variance ori interpretation oft thez zoning district mapi may bev withdrawn priort to: action thereon! by thel boardo ofz zoning appeals att the discretion of thep person, firm, or corporationi initiating such Substantially the same petition affecting the same land shall not be considered within any 12-month  shall observe the following procedure:    and the board of zoning appeals. ofz zoning: appeals or appear as aj party att thel hearing. request within 60 days from the date oft thej public hearing. ar request upon written notice tot thez zoning: administrator.  period.  144    Page 40of1 147  (6) Each application for a variance or interpretation of the zoning district map shall be accompanied by payment ofaf feei ina accordance with section 24-41 tol help defray the cost of publicizing and conducting (a) Appeals onj finals subdivision, plato decisions. Ifthez zoninga administrator disapproves aj plat and subdivider contends that such disapproval was not properly based on the provisions of this article, or was arbitrary or capricious, her may appeal tot the circuit court. The circuit court shalll hear and determine the case as soon asi may be practical, provided that his appeal is filed with the circuit court within 60 days oft the written disapproval by the (b) Appeals ofo other decisions by the zoning administrator. Decisions oft the zoning: administrator: relatingt to the administrative enforcement oft the provisions herein are subject to an appealt tot thel board of zoning appeals by any person aggrieved by any officer, department, or boardo oft thet town: affected! by said decisions. (1) An appeal shall be submitted in writing to the zoning administrator who shall immediately refer the written: appeal tot the board of zoning: appeals; such appeals shall specify the grounds for appeal. (2) Each appeal shall be accompanied by payment ofat feei ina accordance with section 24-41 tol help defray (3) Thel board of zoning: appeals shall fix ai reasonablet timefort the hearing of appeals referred tos said board; the board of zoning appeals shall consider appeals after notice and hearing as required by Code of Virginia, S 15.2-2204, as amended, and decide,theisame within 60 days from the date of such public (c) Appeals on decisions by the town council. All decisions byt the town council are subject toa an appeal to the circuit court by any person, firm, corporation,or governmental agency aggrieved by said decisions.  the public hearing. (Zoning Ord. 2003,918.1-1006) Sec. 24-132.. Appeals procedures.  zoning administrator.  thec cost of publicizing: and conducting thej public hearing,  hearing. (Zoning Ord. 2003, $1 18.1-1008) Sec. 24-133. Decision of! board ofa appeals. Anyi persen OF persens jointlyer taxpayerer dise,dpastmg-ksaw petitien specilying the groundy-r-whieh theb beard-ofe appeals:  yi any decision oft the beard of appeals, OF any the wn may present tot the eireuit court of the countya 30 days-after the Fling of the decision in the office ef  Upon the presentation ef sueh-petition, thee court shall HWW#FeRiRN ter review the decision-ef the beard-ef-appeals- and shall preseribe therein thet time within which-a-retum therete must be made and served upent thes petitioner'sa aHtemey,which: shall notbelesst thant tene daysandr may bee extended-byt thee court.Thea allowance ef the shall net stay preceedings upon thee decisien appealed-from, but the court may,on application, en notice The beard of appeals shall notl be required to return the eriginal paper acted upen byi it, buti it shall be sufficient teR Feturn certifiede OF SWOFnE cepies thereef (er)efs such portions thereef as may be ealled fort by-such writ. The return shall eoneisely setf forth sueh other faets ast may bet pertinent and material tes shew the grounds oft the Hupent thel hearing,its shall appeart tot the court that testimenyi is necessary fort the preper dispositione of the matter, saide court may take-evideneet OF appeint CPHHRSSORE)eFH thecourtt to-take suche evidence ast the court may direet and report the samet te the court with hisf findinge et faeta ande conelusiens of law,which shalle constitutea parte of the proceeding upon whicht the determination- ef thee court shall be made. The court may reverse-oraffirm; Cests shall netl be allewed against thel beard of appeals-tnless it shall appeart te the court that it actedin (a) Any person jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau oft thel locality, may file with the clerk of the circuit  tethe appeals and en due eauses shown, grant arestrainingerder. decision appealed from ands shall bet verified.  whelly er partly,er may modify the deeisien bronghtupforreview: bad faith OF with malicei in making the decision appealed-from  145    Page 41 of1 147  çourt for the county or citya a petition that shall bes styled "In Re: date decision oft the board of zoning appeals of [locality namel" specifying thes grounds on which aggrieved within 30d days after thei final decision of thel board. (b) Upon thep presentation ofs such petition. thec court shalla allowav writ of certiorari tor reviewt the decision of the board ofz zoning appeals ands shall prescribe therein the time within whicha a return thereto must be made and served upont thes secretary of thel board ofz zoning appeals or,ifr nos secretary exists, the chair of the board ofz zoning appeals. whichs shall not! bel lesst thant ten days andi may! bee extended! byt the court. Oncet the writof certiorarii is served. the board of zoning appeals shalll have 21 daysora as ordered byt the court tor respond. Thea allowance oft the writs shall nots stay proceedings upont the decision appealed from, but the court may, on application, onr notice tot thel board and (c) Any review ofa a decision oft the boards shall not be considered an action against the board and the board shallr not beap party tot thep proceedings: however, thel boards shall participatei int the proceedings tot the extent required by this section. The governing body, the landowner, and the applicant before the board of zoning appeals shall be necessary parties tot the proceedings int the circuit court. The court may permit intervention by any other personor (d) The board of zoning appeals shall not be required to1 returnt the original papers acted upon byi it buti it shall bes sufficient tor return certified ors sworn copies thereof or oft the portions thereof as may be called for by the writ. The return shall concisely set forths such other facts asi may be pertinent and material tos show the groundsof (e) The courti may reverse ora affirm, wholly or partly,orr may modify the decision! brought upi for review. (f) Int the case of an appeal from the board of zoning appeals to the circuit court ofan order, requirement, decision or determination of a zoning administrator gyoner.administative. officer in the administration or enforcement of any ordinance or provision of state law. or any modification of zoning requirements pursuant to Code of Virginia, 81 15.2-2286, the findings and conclusions of the board ofzoning appeals on questions ofi fact shall bep presumed tob be correct. Thea appealing partymay.rebut that presumption by proving bya ap preponderance of the evidence, includingt ther record before the boardofz Zoning appeals, that thel board of zoning appeals erred ini its decision. Any party mayi introduce evidencei int the proceedingsi int thecourt. The court shall hear any arguments on (g) Int the case of an appeal by apersonofa any decisionoft thel board ofz zoning appeals that denied ors granted an application for a variance, the decisionof the board of zoning appeals shall be presumed to be correct." The petitioner may rebut that presumption by.proving bya apréponderance of the evidence, including the record before (h) Int the case of an appeal by aperson of any decision oft thel board ofz zoning appeals that denied or granted application fora as speciale exception, the decision of thel board of zoning appeals shall be presumed tol be correct. The petitioner may rebut that presumption by showingt tot the satisfaction of the court that the board of zoning appeals appliede erroneous principles ofl law.ory where the discretion oft the board ofz zoning appealsi isi involved, the decision oft thel board ofz zoninga appeals was plainly wrong, wasi iny violation oft thep purpose andi intent oft the zoningo ordinance, () Inthe case ofa an appeal from the board ofz zoning appeals tot the circuit court ofa adecision of the board. any party may introduce evidence in the proceedings in the courti in accordance with thel Rules of Evidence of the  on due causes shown.s granta ar restraining order.  personsi jointly ors severally aggrieved by any decision oft thel board of zoning appeals.  the decision appealed from ands shall be verified.  questions ofl law der novo.  thel board ofz zoning appeals. that thel board ofz Zoning appeals erred ini its decision.  andi isi not fairlyd debatable. state supreme court. (Zoning Ord. 2003, $1 18.1-1402.06) Secs. 24-134--24-164. Reserved. See. 18-1501.Violations.  Statel law reference--Similar, provisions, Coded of Virginia, $1 15.2-2314.  DIVISION5. VIOLATIONS. ANDI PENALTIES  Sec. 24-165. All permits and licenses to conform.  All departments, officials, andj public employees oft thet town who are vested witht the duty ora authority toi issue  146    Page 42of1 147  permits orl licenses shall conform tot thej provisions oft this chapter. Any suchp permit, ifissued eni in conflict witht the  provisions oft this chapter, shall ber null and void. (Zoning Ord. 2003, $18.1-1501.01) Sec. 24-166. Relation tos subdivision ofl land.  Upon effective date of the ordinance from which this chapter is derived, the following provisions shall bei in (1) Noj person shall subdivide land without making and recording aj plat of such subdivision and without (2) No such plat of any subdivision shall be recorded unless and until it shall have been submitted to and (3) No persons shall sell or transfer any land ofa a subdivision, before such plat has been duly approved and recorded, as provided herein, unless such subdivision was lawfully created prior to June 4, 1956, providedt thati nothing! herein contained shall bec construed: as preventingther recordation oft thei instrument by whichs such land ist transferred ort thej passage oft title asb betweenthe parties to thei instrument. (4) No clerk of any court shall file or record aj plat ofa a suhdivisionrenuindbyt this chapter tob bei recorded  effect:  fully complying with the provisions oft this chapter. approved by the zoninga administrator.  until suchp plat! has been approved: as required herein. (Zoning Ord. 2003,81 18.1-1501.02) Sec. 24-167. Complaints regarding violations. Whenever: a violation oft this chapter occurs, ori is complaint. Such complaint stating fully the causes and The: zoning administrator shall record such byt this chapter. (Zoning Ord. 2003,$18.1-1502) See. 18-1503-Penallies.  person may file a written the zoning administrator. andt take action thereon provided  Sec. 24-168. General penalties forz oningviola ionsr-  (a) Any user note expresslvpermitte permittedb special use permiti inas specific districti is prohibited. (b) Except as provided fori insection2 24-169Aany person, firm, or corporation, whether as owner, lessee, principal, agent, employer. employeed, or otherwise, who violatesing, or causesing or permitting permits the of any oft thej provisions oft thischapter, including, but notl limitedt to. provisions oft the district regulations. proffers accepted by thet town council. ord Conditions ofa approvali imposed! by thet town council. ort thei improvement. development, or alteration ofa any sitei ins vidlation ofa any plan approved pursuant tot this chapter.exeept as provided forins section 24-169, shall bes silydfmideeReF and, upene cenvietiont thereef,may be fined upt to-$300.00 $1.000.00s shalll bes subjectt to(l)acivil penalty. as provide in Section? 24-168.1.or (2)acriminal: penalty.asp provided in Section 24-168.2. Such person, firm,or corporations shall be deemed to be guilty of, or liable for, a separate offense fore each ande every day during which any portionof any violation oft this chapteri isc committed, continued, or permitted by such person, firm, or corporation and shallbe punishable as herein provided. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, withina at time- period established by the court. nott toe exceed six (6) months from the date oft thei finding of guilt. finding ofl liability.ora admission ofl liability. Failure tor remove or abate az zoning violation withint the specified time period shall constitute a separate misdemeaner offense. punishable bya-fine of nOt morethan $1.000.00:a anysuchi failureduringa: sueceedingt ten day periods shalle constitutea aseparatei misdemeaner effense punishable byafinee oft not more than $1.500.00: and anys suchf failuree during any sueceeding ten day peried shall constitute a separate misdemeaner offense for each ten dayi peried punishable bya fine ef not more than (c) The pursuit of civil or criminal penalties for a violation shall not preclude the town from pursuing injunctive relief, or from any other appropriate proceeding tor restrain, correct, or abate such violation, (a) However,any conviction resulting from a-violation- of provisions regulating the number of urelated persens ins single-family residential dwellings shall ber punishable! byafine ofupt 520000-Falureie abate thevielation within-t the specified time peried sha!l be punishable byaf fine oft up-tes $5,000.00. and  Commented [EL12): Thisi ist theu underlying assumption of ourz zoning ordinance (ando ofp prettyr mucha allz zoning itr needst to ther ordinances), reverse rulei buti inA Anglo-American! bee explicitly law, stated, where too defeat not prohibitedis permitted. Asr revised, this Section willu usually bet thes Section wev will charge peoplev with violating.    violation  anythingr  $2.000.00-  Formatted: Font: 11pt  147    Page 43of1 147  any-sueh failure during any sueceeding ter-day-perindshalls censtitutetsepatates misdememeraffemsei for each ten-day peried punishable bya a mme ef upte $7.500.00. However, ne such fine shall accrue against mn ewner er managing agent ofas single amHy-residenta- dweling unit during the pendencyofany! legal action commeneed bysuche owneror mamgimgsgemtofsuhdweingnit against a-tenant te eliminate rewéing condition in accordanee with the Virginia Residential Landlord and Tenant Aet (Cede ofVirginia 55.1-1200 et seg.) A conviction resulting from a vielation of previsions regulating the tmbereHumreate: neabriasaphiats punishablet by-ajall-term  Formatted: Font: Bold Formatted: List Paragraph, Indent: Left: 0.08", Firstl line: 0.33", Outline numbered Level:1 1+ Numbering Style: a,b,C + Start at: 1+ Alignment: Left Aligneda at: -0.25" + Indenta at: 0.08" Formatted: Indent: Left: 0"  148    Page 44of1 147  (Zoning Ord. 2003, $1 18.1-1503.01)  Statel law reference- Similar provisions, Code of Virginia, $1 15.2-2286(A)(5). Sec. 24-168.1. Civil penalties for zoning violations.  (a) Except: as otherwise provided elsewherei in Sections 24-1681 through 24-169, any person whoy violates orf fails tocomply with any oft the provisions orr requirements oft this chapters shall bes subjectt toacivil penalty of twol hundred dollars ($200.00) for the initial summons or ticket, and a civil penalty of five hundred dollars ($500.00) for each (b) Each day during which any violation exists shall constitute as separate offense. However. ini no event shall anys such violation arising from thes sames set of operative facts be chargedi more frequently than once in anyt ten-day period.1 nor shalla as series ofs such violations arising from thes same set of operative facts resulti inc civil penalties which (c) Proceedings seeking civil penalties for violations oft this chapter shall commence either by the filing ofa civil summons int the general district court or by issuance ofaticket by the zoning administrator or his designee.A ticket shall only be issued by the zoning administrator or his designee when, in the judgment of the zoning administrator or his designee. the violation can be corrected without significant delay and the violator has failedto (d) The summons ort ticket shall provide that any person summonedi for a violation may elect to pay the civil penalty by making ana appearance inj person ori in writing by mail to the town treasurer's office atl least seventy-two (72)! hours priort tot thet time and date fixed fort trial and, bys such appearance, may enter a waiveroft trial, admit] liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission ofl liability shall havet thes same force and effect as aj judgment of court: however, ana admission shall noth be (e)_Acivil summons ort ticketi issued shall contain the following information: ()the name and address oft the person charged: (2) the nature of the violation: (3) the location(s) and date(s) that the infraction occurred or was observed; (4) the amount of the civil penalty assessed for the violation: (5) the manner, location and time in which thecivilp penalty may be paidt tot the county: and (6) the right oft thei recipient ofacivil summons toe elect tos standt trial for the violation, and either the date scheduled fors such trial or the date fors scheduling of such trial byt the court. (Ifaperson charged witha ay violation does not elect to entera awaiver oft trial and admit] liability.thev violation shall bet tried in the general district court int thes same manner and with thes same right of appeal as provided by law. (g) The total civil penalties from as series of violations arising from the same set of operative facts shall not exceed five thousand dollars ($5.000.00). Designation of a particular violation of this chapter for a civil penalty pursuant tot this Section shall bei inl lieu of criminal sanctions: and such designation shall preclude thej prosecutionof aviolationa asa a criminal misdemeanor, provided, however, that after the civil penalties reacht the fivet thousand dollar ($5,000.00) limit, the violation may be prosecuted: as ac criminal misdemeanor under section 24-168.2. (h) This Section shall not! be construed to allow thei imposition ofc civil penalties for (1)a activities related tol land development, (2) the violation of any provision oft this chapter relating tot the posting of signs on public propertyor public rights-of-way. or (3) any zoning violation resultingi ini injuryt to any persons. Sec. 24-168.2. Criminal penalties for zoning violations.  additional summons ort ticket arising from thes sames set of operative facts.  exceed at total ofi five thousand dollars ($5.000.00).  dos so after being givena ar reasonable opportunity to doso.  deemed ac criminal conviction fora any purpose.  Afinding of liability shall not! be deemed a criminal conviction for any purpose.  (a) A person shall be guilty ofar misdemeanor offense if he commits any oft the following violations of this (I) any violation oft the provisions of this chapter that resultsi inj physical harm ori injury to any person; (2) any violation or failure to comply that occurs after the five thousand dollar ($5,000.00) maximum (3) any signy posted onj public property ori inj publicr rights-of-wayi inc contravention of this chapter:  chapter:  Formatted: Indent: Left: 0.25", Hanging: 0.25", No bullets or numbering, Tabs stops: 0.81",Left  aggregate civil penalty provided in Section 24-168.1 has been reached: (4) any land development activity without applicable permit:  149    Page 45of1 147  (5) any violation for which a criminal prosecution had already commenced prior to the enactment oft this (6) any violation or failuret to comply witha any of the requirements of this chapter related tot the number of unrelated personsi inas single-family residential dwelling. Any such violation shall be punishable byaf fine of upto$2.000.1 Failuret to abate the violation within thes specifiedt time periods shall bep punishablel byaf fine ofup 10$5.000. and any suchf failure duringa any succeeding ten-day periods shall constitute a separate misdemeanor offense for each ten-day period. punishable bya ai fine of up to $7.500. However, nos such fine shall accrue against an owner or managing agent ofas single-family residential dwelling during the pendency of any legal action commenced bys such owner orI managing agent against at tenant to eliminate and overcrowding condition in accordance with Chapter 13.2 of Title 550 of the Code of Virginia, as applicable. A conviction froma violation of provisions regulating ther number of unrelated persons inas single-family residential dwelling shall (b) Except as provided inj paragraph 6of subsection. A.J misdemeanor offenses describedi in this Section shall be punishable by ai fine ofi not more than $1.000. Ift the violationi is uncorrected at the time of conviction, the court shall order the person convicted toa abate orr remedy the violationi in compliance with this chapter.withinatimer period established by the court. Failure tor remove or abate such violation within the time period established by the court shall constitute as separate misdemeanor offense punishable by a fine of not more than one thousand dollars ($1.000.00): any such failure duringa as succeeding ten(O)dayp periods shall constitute as separate misdemeanor offense punishable by af fine ofi noti more than one thousand five hundred dollars ($1.500.00): and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable bya  Section:or  not! bep punishable byaj jailt term.  fine of noti more than $2.000.  Sec. 24-169. Other penalties relating tos subdivision ofl land.  The following penalties for violation oft thes subdivision ofl landp provisions oft this chapter shall apply: (1) Any person, firm or corporation, whether as principal agent, employed orotherwise, violating the provisions ins section 24-166(1) through (3)s shall bes subjectt toa finè ofr not more than $500.001 fore each lot or parcel ofl land sO subdivided or transferred or sold,a andt the description of such lot or parcel by metes and bounds in the instrument of transfer or other doçument used in the process of selling or transferring shall note except the transaction: formsuch penalties or form thei remedies herein provided. (2) Any clerk of any court violating the provisionsi insection 24-1 166(4) shall be subject to thej penalties of SACgaw 1950 as amended CodeofVirginia, $17,2-223. (a) Governmental laws. Wherever ther requirements of thiso chapter are at variance with the requirements of any other lawfully adopted mueicpilatonent ordinances, the most restrictive or that imposing higher (b) Private contracts. This chapter bears no relation to any private easement, covenant, agreement or restriction, nor does this chapterg grantt the: authority to any public officialt ther responsibility ofe enforcings suchj private easement, covenant, agreement or restrictioni implied herein. In the enforcement oft the provisions herein, where such provisions are more restrictive thant those required by private contracts, the provisions oft this chapter shall  (Zoning Ord. 2003, $18.1-1503.02) standards shall govern.  Sec. 24-170. Conflict with otherl layandprvaieceuntadsy  govern. (Zoning Ord. 2003, $1 18.1-1504) Sec. 24-171. Validity.  Eachj phrase, sentence, paragraph, section, or other provision oft this chapter iss severable from all other such phrases, sentences, paragraphs, sections, and provisions. Should any phrase, sentence, paragraph, section or provision of this chapter bec declared byt the courts tob be unconstitutional ori invalid, such declaration: shall not: affect  any other portion or provision oft this chapter. (Zoning Ord. 2003,818 18.1-1505) See. 18-1506. Repealed reselutions ande erdinanee.  Hirehaperiecmpehamneemstmstefalhersohaismamiemdamssefl-fonmwprelatingieromirg  150    Page 46of1 147  andt theregaioaafsahiwMM-AIPraNdmasces-affectins: agamdsMscN-gaasbsher,  repealed 0AS4 S1HIRtnedae. eeFyESNieNE therete: Cw0a, Secs. 24-172--24-195. Reserved. Sec. 24-196. Division oft towni into districts.  THiseminanse,amdany4 amendment therete, shall take effeet and be in force att thet time of adeption of this  ARTICLEI III. ESTABLISHMENT OF ZONING! DISTRICTS; ZONINGI MAP  For the purposes oft this chapter, the towni is dividedi into ten districts asi follows:  A-1 Agricultural District  151    Page 470f147  R-1 Limited Residentiall District R-2 General Residential District T-1 Transitional Use Zone District R-3 Highl Density Residential District R-4 Manufactured Home District B-1 Light Commercial: District CBD Central Business District B-2 General Commercial District E-1 Business Park District M-1 Industrial District  (Zoning Ord. 2003,1 18.1-501) Sec. 24-197. Incorporation oft the: zoning map.  The map entitled"' "Town of Amherst Zoning andl Futurel Land Use/Map.including: all notations, references, and: amendments as from time tot time may be madel by thet town council,and. other information: shown thereon, as adopted by thet town council, shall constitute aj part of this chapter. Its shall identifyand declare the zoning of all parcels ofr real estate within the town upont thea adoption oft the ordinance from whicht this chapter is derived.  (Zoning Ord. 2003,918.1-502) See. 18-503.Map amendment.  H,ina accerdance with thei previsionse fAaykrecdanet are madei in the distriet boundaries OF other information pertrayed en the officialz zoning map suehchangeeshall beenteredon the efficialz zoning map-within 30 days after the amendment hast been appreved-by thet tMRgoaRelegeher witha numerieal entry relerring te heappleatien fort the amendment B-patrwdyde-mns administrater. Said numerieal entry-shall state the referencet number  zoning administrater, and the dateef he appreval ef the amendment by thet -- whichi invelven matter portrayed the efficial zoning map shallbeceme ee appreved-by the town couneil. The ny nature shall bei made en the official --- the precedures-set forthherein. Int the event that the official zoning map becomes damaged, lest OF difficult te interpret because oft the nature umbere ef changes and additions, OF ean bei impreved witha more accurate base map, the tew-eeumeilmay by reselution, adept at new official zening map which shall supersede the prior efficial zoning map- The new-effieial zoning map ay cerreete drafting orether errers-ere emissions H the PriOrE efficial zening map, but nes suche correction effeet ofamending the eriginal official zoning map any-subsequent amendment thereof withouta ublie FHg H accordance with Cedeof Virginia, 2204, asi amended. Unless the prier officialz zening map as lest, OF has been totally destreyed, the PFIOF map any signilicant parts thereof remaining shall be  iat ng map whieh hall loeatee thee urrent zoning statusef and 5037  office-ofthe-zoning administrater shalt be the final autherityin Fa,aldimg-amde: structuresint thetewn-Nechanges  coning Prd.  ee. 18 504. Replacement ef the official zoning map  hall  preserved, tegether with all available records pertaining te its adeption OF amendment:  (Zoning Ord. 2003, 18.1-504)  Sec. 24-198. Rules for determining district boundaries.  Unless district boundary lines are fixed by dimensions, and where uncertainty exists with respect tot the boundaries ofa any of the aforesaid districts ass shown ont the official zoningi map, the following rules shall apply:  152    Page 48 of1 147  (1) Unlesso otherwisei indicated, district boundaries: indicated asa approximately following property lines,1 land lot lines, centerlines ofs streams, streets, highways, alleys or railroads, ort the shorelines of reservoirs, or other bodies ofv water, or civill boundaries shall bec construed tof follow suchl lines. District boundaries indicated: as approximately parallelt tot thec centerline of streams, streets, highways,or railroads, or rights-of-way oft the same, or thes shorelines of reservoirs, or other bodies of water, or said lines extended, shall be construed as being parallel thereto and ats such distance therefrom asi indicated ont the official zoningr map. Ifn no distancei is given, such dimensions shalll be determinedl byt the use oft the 3) Where a district boundary line, as appearing ont the official zoning map, divides al lot whichi isi ins single ownership att thet time oft this enactment, the use classification oft thel larger portion may, on application, bee extended tot the remainder by thet town council in accordance with section 24-9. (4) Where aj public road, street, or alleyi isc officially vacated or abandoned, the regulations applicable tot the property to whichi itis reverted shall apply tos such vacated or abandoned: road, street, ora alley. (5) Where a district boundary isi indicated tof follow ai river, creek, or branch or other body of water, said boundary shall be construed tof follow the centerline atl low water or at thel limit oft the jurisdiction, and int the event of natural change in the shoreline, such boundary shall be construed: as moving with the (6) Ifnoc distance, curvature description, or other means is givent todetermine al boundary line: accurately and thef foregoing provisions dor not apply, thes same shall be detèrminedbythe use oft thes scales shown ont the official zoning map. In case ofs subsequent dispute, thematter shall ber referred tot the board of appeals In case the exact location ofa a boundary cannot bed detèrmined by the foregoing method, the board of appeals shall, upon application, determinet thelocation ofthe boundary in accordance with section 24-  scale shown ont the official zoning map.  actual shoreline withi itsi reestablished center or channel.  whichs shall determine thel boundaryi ina accordance.with: section24-1294)  129(4). (Zoning Ord. 2003,918.1-505) Sec. 24-199. Classification of districts. For the districts. (Zoning Ord. 2003,1 18.1-506) Sec. 24-200.. Annexedi territories.  of this  is  3  purpose chapter, theA-1 Agricultural District classified as an agricultural district. Thel R-1 Limited Residential District, the R-2General Residential District," T-1 Transitional Use Zone District, R-3 High- Density Residential District andR-41 ManufaeuuredHorie) District are classified as residential districts. The B-1 Light Commercial: District, CBD Central Business District and B-2 General Commercial: District are classified as business mixed use districts. Thel E-Business Park District andl M-11 Industrial District are classified asi industrial  Wherea at territory! becomes aj part of ani incorporated. area oft thet town by annexation or otherwise, such territory shall automatically be classified according to the town zoning district most similar to the zoning district of the propertyi int thej jurisdiction from whicht the property was located! beforei it came intot the corporate limits oft thet town until otherwise classified according tot the process described herein. The town planning commission andt the town council shall, ass soon as practical after the annexation,' undertake: ai review oft the: zoning oft thet territory soa annexed and shall establish or reestablish the appropriate zoning of the said territory in accordance with the provisions of  this chapter. (Zoning Ord. 2003,918.1-507)  153    Page 49of1 147  Secs. 24-201--24-223. Reserved.  ARTICIEIV.ZONING: DISTRICT! REGULATIONS DIVISION: .GENERALLY  Sec. 24-224. Table ofz zones and uses.  Table 7.1 contains thel list of uses permitted ands special uses fore each: zoning district ands shalll be considered apart oft this chapter. Uses permitted are noted with thel letter "P" ine each district's column fore each permitted use's row.: Special uses arer noted with thel letter' "S" ine each district's column for each special use's row." Thei intersection ofa district column and use class row with neither a' "P" nor' "S" indicates au use that is not allowedi int that district. Thej procedures: for zoning certificate approval for permitted uses ands special uses are outlinedi ins section! 24-38. (a) Intent. The A-1 Agricultural District is designed to accommodate farming, forestry, and limited residential use. While iti is recognized that certain desirable rural areas may logically be expected to develop residentially, itist thei intent, however, to discourage the random scattering ofr residential, commercial ori industrial (b) Permittedi uses. Within this district, uses permitted are designatedby a" "P" 'int the/column fort this district (c) Special uses. Within this district, special uses (which may be permitted under the process described herein): are designated by an" "S" int the column fort this districti int thei row'fort thespecific use describedi int table 24-  (Zoning Ord. 2003, $1 18.1-701) Sec. 24-225.A-1. Agricultural. District. uses int this district.  int ther rowi fort the specific use describedi int table 24-235.  235. (Zoning Ord. 2003,1 18.1-702) Sec. 24-226. R-11 Limited Residential District. (a) Intent R-1 Limited of  -  Resideptial-Distric.. This district is composed of certain quiet, low-density  residential areas plus certain open areas where similar residential development appears likely to occur. The regulations fort this district: are designedt tostabilize and protect thee essential characteristics of the district, top promote and encourage a suitable environment" for family life where there are children, and to prohibit activities ofa commercial nature. Tot these ends, developmentis limited toi relatively low concentration and permitted uses are limited basically tos single unit welag-povidingromes for the residents plus certain additional uses that serve (b) Permitted uses. Within this district/uses permitted are designated by a' "P" int the column for this district (c) Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an" "S"i in the column fort this district int the row fort thes specific use describedi int table 24-  the residents oft the district.  int ther row for the specific use describedi int table 24-235.  235. (Zoning Ord. 2003, $18.1-703) Sec. 24-227. R-2 Generall Residential District.  (a) Intent of R-2 General. Residential District. This district is composed of certain quiet, medium density residential areas plus certain open areas where similar residential development: appears likely to occur and where public water: and/or sewer servicei is available. The regulations fort this district are designedt tos stabilize andj protect the essential characteristics of the district, top promote and encourage a suitable environment: fori family life andt to prohibit most activities ofac commercial: nature. Tot these ends, development is limited to concentrations ofr medium (b) Permittedi uses. Within this district, uses permitted are designated! bya a' "P" int the column fort this district (c) Special uses. Within this district, special uses (which may be permitted under the process described  density single- and two-family dwellings. int the row for the specific use described int table 24-235.  154    Page 50of1 147  herein): are designated by an" "S" int the column fort this districti int thei row fort the specific use describedi int table 24-  235. (Zoning Ord. 2003, $18.1-704) Sec. 24-228. T-1 Transitional Use Zonel District.  (a) Intent of T-1 Transitional Use Zone District. This district covers that part of the town intended for the installation ofu uses that will allow fort the creation ofs smalll locall businesses that will expand thet town's employment base andi improve the town's general economic situation while providing protection to existing residential areas. Uses allowed are characterized: ast beingt those whicha ar resident would not mind having adjacentt tol his dwelling and have no more traffict than that normal forar residential: area. Allowed uses may involvei intermittent! heavyt trucking fort the delivery ofr retail or wholesale goods, orb by very limited nuisancei factors such: as smoke, odor, fumes, noise, light, traffic, including incidental light and noise due to the congregation of people and vehicles. Iti is envisioned that this district will specify certain areas oft thet townt thatl havel been residential but willl bec converted toc commercial (b) Permitted uses. Within this district, uses permitted are designated bya" "P" int the column fort this district (c) Special uses. Within this district, special uses (which may bepermitted under the process described herein) are designated by an" "S" int the column fort this districti int the row for thes specific use describedi int table 24-  use over time.  int the row for the specific use describedi int table 24-235. (Zoning Ord. 2003, SS 18.1-704.1, 18.1-704.1.02) Sec. 24-229.1 R-31 High-Density Residential District. (a) InemtfRJHglh-Dentin, Residential.  235.  ofl  residential areas    DistricThisd districti iscomposedo higho density  plus certain open areas where similar development: appears likely tooccurand where public water and/or sewer servicei isa available or likely tob bee extended. The régulationsfort this district are designedt tos stabilize andj protect the essential characteristics oft the district, promote ande encourageasuitable environment for family life, allow orderly arrangement of multifamily structures and certain congregational organizations, and services. It prohibits most activities ofa commercial nature not related-to residential dwellings. To these ends, development is limited to (b) Permittedi uses. Withinmisdaineyles; permitted are designated! bya" "P" int the column fort this district (c) Special uses. Within this_district, special uses (which may be permitted under the process described herein) are designated by an" "S" int the column fort this district int the row fort thes specific use describedi int table 24-  concentration ofH high density single-,Awo-family andmuliple-family. dwellings. int the rowi fort the specific use describedin table-24-235  235. (Zoning Ord. 2003, $1 18.1-705) Sec. 24-230. R-41 Manufactured. Homel District.  (a) Intent of R-41 Manufactured Home District. This district is composed of high density residential areas plus certain open areas where similar development appears likely to occur and where public water and/or sewer servicei isa available or likely tob bee extended. Thei regulations for this district are designed to stabilize andj protect the essential characteristics oft the district, promote and encourage: a suitable environment: forf family life, allow orderly arrangement ofr residential: structures, certain congregational organizations, manufacturedl homej parks and services. Itprohibits most activities ofa a commerciali nature not related tor residential dwellings. Tot these ends, development isl limited too concentration ofl high density single- and two-family as well as manufactured! home parks. (b) Permittedi uses. Within this district, uses permitted are designated! by a' "P" int the columnf fort this district (c) Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an" "S" int the column fort this districti int thei row fort thes specific use describedi int table 24-  int ther rowi for the specific use describedi int table 24-235.  235.  (Zoning Ord. 2003, $18.1-705.1)  155    Page! 51 of1 147  Sec. 24-231. B-11 Light Commercial: District.  (a) Intent of1 B-1 Light Commercial. District. Thej primary purpose oft this districti ist toe establish andj protecta limited! business districtt that will serve thes surrounding residential districts. Traffica andj parking congestion ist tob be held to ai minimum top protect and preserve property values int the surrounding residential districts and, insofar as possible, all neighborhood business development shall be placedi ina al light commercial district. (b) Permittedi uses. Within this district, uses permitted are designated! bya" "P" int the column fort this district (c) Special uses. Within this district, special uses (which may be permitted under the process described herein) are designated by an" "S" int the column fort this district int thei row fort thes specific use describedi int table 24-  int the rowi for the specific use describedi int table 24-235.  235. (Zoning Ord. 2003, $1 18.1-706) Sec 24-232. CBD Central Business District.  Commented [VH13): Doy youv wantt thiso change per! Hobbs: This district coverst thep portion oft thet townl locatedin downtown Amherst whichl hast traditionally been used: ast the center for commercial: activities. Lots ont theb blocks generally contain buildings whichl have nos sidey yards because they are attachedt too other buildings andt theseb buildings frequently have services, nos setbacks. banks, restaurants, Usesi int thed ando districti other include similar retail businesses. sales, Thei intent of thed districti ist tor maintaint thec commercial useof thed downtown: area andt toe encourage: adaptive use: andr reuse ofexisting commercial structure Commented [SM14R13): yes Formatted: Font (Default) Times NewF Roman, 11pt Formatted: Font: 12pt  (a) Intent of CBD Central Business District. This distriet cevers these areas oft thet towni intended for the eenduet ef general business to-which the publie requirese direet and frequent access, but whichi ist note characterized either by constant heavy trueking ether than steeking and delivery of retail geeds,er byl limited nuisance faetors ineludingi ineidentall light and moiseefeongregatione off peeplea and passengervehieles; This district covers thep portion oft thet townl locatedi in downtown Amherst which! has traditionally been used ast the center for commercial: activities. Lots ont thel blocks generallyo contain! buildings whichl havei nos sidey yardsb becauset they are attached to other buildings and thesel buildings frequentlyl have nos setbacks. Uses int the district includei retail sales, services. banks. restaurants. and other similar businesses. Thei intent oft the districti ist tor maintain the commerciall use oft the downtown areaand (b) Permitted uses. Within this district, uses permitted are designated bya a "Pint the column fort this district (c) Special uses. Within this district, special uses (which may be péngittedunder-the process described herein) are designated by an" "S" int the column fort this districti int the rowi fort the specific use describedi int table 24-  toencourage: adaptive use andi reuse ofe existing commercial: structure int the rowi for the specific use describedi int table 24-235.  235.  (Zoning Ord. 2003,91 18.1-706.1) Sec. 24-233.1 B-2 General Commercial. District. conduct of general business to which the ther row for thes specific use describedi in table 24-235. (Zoning Ord. 2003,1 18.1-707) Sec. 24-234.M-11 Industriall District. continuous basis throughout the day. int the row for the specific use describedi int table 24-235.  (a) Intent of B-2 General Commercial. District. This district'covers those areas of the towni intended for the+ Formatted: Indent: Firstl line: 0.4"  but  a  public requires.directand frequent access, whichi is not characterized  either by constant heavy trucking other than stocking and deliveryof retail goods, or by limited nuisance factors (b) Permitted uses. Withint this district, uses-permittedare designated by a' "P"i int the column for this districtin (c)s Special uses. Withint this district, specialuseswhich: may be permitted undert the process described herein) are designated by an" "S" int the column forthisdistrictint therowfor the specific use describedi int table 24-235. (a) Intento ofM-11 Industrial. District." This districti is designedt toe encourage the development ofi manufacturing and wholesale business establishments which doi not produce high levels of smoke, smell, noise, light, dust and otheri nuisances; operate primarily withine enclosed structures and dor not deal with large volumes ofc customers ona (b) Permittedi uses. Within this district, uses permitted are designated! bya a' "P" int the column fort this district (c) Special uses. Within this district, special uses (which may be permitted under the process described herein): are designated by an" "S" int the column fort this districti int thei row fort the specific use describedi int table 24- (d) Screening and landscaping. Ani industrial uses shall bep permanently screened from adjoining residential district by a wall, fence, evergreen hedge and/or other suitable enclosure of minimum height ofs seven feet att the  includingi incidental! lighta andi noise of congregation of people and passenger vehicles.  235.  156    Page 52of1 147  original elevation oft thep property line. (Zoning Ord. 2003,1 18.1-708) Sec. 24-235.7 Table oft uses.  Table 24-235 Accessory and Agricultural Uses  A-1 R-1 R-2 T-1 R-3 R-4 B-1 CBDB-2 E+ M-1 Description of Use  P  P P P P P P P P Accessory buildings and uses as provided in P P P P P P P Agricultural activities, including thei raising of  section 24-472  P  crops and animals, provided that agricultural use shall not be objectionable by reason of odor, dust, noise, pollution, erosion or drainage existing wireless telecommunication: facilities as providedi in article XI oft this chapter Church accessory usesi involving 2,000SFor more of building area, including day childcare centers, indoor recreation or fellowship halls, and padsonpublicp property or collocatedy withar nonprofit Home occupation in an accessory building tot the main dwelling unit as providedi ins section? 24-474 Home occupâtions within ac dwelling unit as provided in section 24-474 Public utilities: poles, lines, transformers, pipes, meters, and/or other facilities necessary fort the provision and maintenance ofp public utilities, provided that electric service lines from the street property line to any residence or other permitted use shall bet underground, providedt that only one line of poles willl be allowed on any street P P Signs as provided in articlel IX oft this chapter P P Temporary uses, including, but notl limited to, sale of Christmas trees, tents fori revivals, carnivals, but such use not] permitted for period toexceedi four months in any calendar year Apartments in ane existing single-family dwelling Bed and breakfast lodging, provided that the owner and family must occupyt ther residence and own thel business, thes single-family dwelling  P P P P Antenna ande equipment buildings associated with  P S Cemeteries  schools section 24-478  P P P P P P P P P Confined livestock facilities as provided in  Commented [JH15): In anticipation of pending development Commented [VH16R15): Doy you want toz addt this? Commented [VH17R15):: yea Commented [SM18R15):yes  S S S S S P P  P P P  P P P P  Residential Uses  P P P  Commented [SM19): adds shortt termo dwellings here  157    Page! 53of1 147  appearance ber maintained, and adequate off- street parkingi is provided tot the rear oft the front setback oft the dwelling Churches, manses, parish houses and adjacent cemeteries Garages, private Individual manufactured ori modular homes 19 feet or greater in width placed on continuous masonry foundations Manufactured: home parks, as providedi in article X oft this chapter Multifamily dwellings with an: aggregate of three ori more units ass specified ins section 24-475 Planned unitdevelopments, as providedi ina article VIoft this section Single-family dwellings, except for mobile homes and manufaçtured homes Single- family, two-family and multifamily dwellings within al building that contains a business Townhouses, as providedi ins section 24-477, and condominjums Townhouses, as providedi ins section 24-477, with nor more than four townhouses within: any one development Two-family dwelling units ands semi- detached dwellings  P P  P P P  P  P P P P P P P  S S P P P P S S S S P P P P P P  S  P P  P P P P  hmmate1829Bae9  Commercial Uses  Adulte entertainment bstablishmentAdulte oriented. entertainment thatr mayi include alcohol or gambling,. sucha as pool halls, dance! halls, ore electronic skills games halls. Same as currents special uses. Antique and gift shops S Arenas, auditoriums ors stadiums P Automobile laundry or car wash, provided thata a paved area shall bel located ont thes same lot for the storage of vehicles awaitinge entrance tot the washing process Automobile services stations as providedi in section 24-473 P Automobile, motor home, travel trailer, and mobilel home sales/(new and used) whichr need not bee enclosed, but any mechanical orb body repair must bec conductede entirely withina a structure which shall notl have any opening, other than a stationary window, within 1001 feet ofa residential district andj provided further that all  Commented [SM20): seec comment below  P  P P P P P P P  Commented [SM21): Requesti inputf fromt theF Planning Commissioni regarding utility trailers ands storages sheds.  158    Page! 54of1 147  vehicles ona al used car sales loti must bei in operating condition ata all times Automotive repair garage, mechanical: and body, provided all operations are conductedi ina building whichs shall not! have any opening other than a stationary window within 100f feet ofa residential district and whichs shall nots store or otherwise maintain any parts or waste material outside such building Bakeries employing not moret than tenp persons other than clerks and vehicle drivers Banks ands savings and loani institutions Bewlingalleys-rellers skating and ice skating rinks, billiard parlers, peel reoms, daneel halls, game reems, pinball parlers, electronie game- eenters, golfe driving Fanges, and similar fommsef amusementFa amily orientedi indoor recreation with no alcohol or gambling. incuding bowling alleys. roller skating. ice-s -skating, game. pinball orc other electronic game centers. Permittedi in B-1.CBD.B-2 Special usei inT-1  P P s P P PS PS  Commented [VH22): Dividei intos special usea and permitted uset tod distinguish businesses allowing alcohol and gambling fromt those that donot Commented [SM23R22): Familyo orientedi indoor recreation with no alcohol or gambling, including! bowling alleys, roller skating, ice-s skating, game, pinballo or other electronic game centers. Permittedi in B-1, BBD, B-2 Special usei inT-1 Adulto oriented entertainment thatr mayi include alcoholor gambling, sucha as pooll halls, dance! halls, ore electronic skills games halls. Same: as currents special uses. Outdoor entertainments such as golf drivingr ranges or other sports related entertainment. Special use permit in A, B-1,B-2,T-1  P S S P P P P P P P  Building materials dealer, noti including handling of bulk materials such ass sand andg gravel Building materials dealer Catering establishments Clinics and medical offices Convenience: storesin the eventt thatgasoline or fueli is sold togethérwith: any other uses'allowed int this district there must becompliancewith sstiaa9aftiehapter Day Childcare centèrs Drugstores-ando other establishment for the filling of prescriptions: ands sale ofp pharmaceutical and similar supplies Emergency services Agricultural.farm: andl lawn machinery display, sales ands services, provided that alli inoperable machinery must not be visiblei from any public rightof way Farmers Markets Feed and seed stores Funeral homes Furniture stores P Garages, private andj public  S S P S S P P P  S P P P P P P  S S P P P P P  Commented [VH24): Addal linef for Farmers Markets Permittedi in CBDa andE B-2. Specialu usei inl T-1 andB-1 Commented [VH25R24):: Seea above  P  Per Sara  159    Page! 55of1 147  Gelf driving angesDutdoor entertainment: sucha as golf driving ranges or others sports related. entertainment Special use permit inA B-1,B-2,T-1 Grocery stores Hardware stores - Kennels  Commented [SM26): Delete addressed: above or put the outdoor entertainments! here  S P P P P  Commented [SM27): Ask PC- addSfor Bo districts?  P Laboratories, pharmaceutical or medical  160    Page! 560 of 147  P P P P P P P  Machinery sales ands services Motels, motor hotels and motori inns Newsstands Nonmotorized bicycle (motorcross) racing facilities s Outdoor theaters, provided the face oft thes screen ist not visible from any arterial orc collectors streets located within 2,000f feet of such screen Peste exterminating businesses Printing plants andi newspaper offices Professional office buildings Radio and TV offices and studios Restaurants, craft breweries. craft distilleries Retail and wholesale greenhouses and nurseries. Retail automotive parts stores Retail nurseries with greenhouses Retail sales and services not specifieally- delineated herein, providede alli items offered for sale are either sereened from view OF under roef Retail service stores such as bakeries, barber shops, beauty parlors, shoes shops, self-service laundries, ande establishments fori receiving and distributing articles for laundering, drying and dry cleaning P Sale of products produced ont the premises Satellite dish antenna sales and service establishments Self-service mini-storage and warehouse facilities Shopping centers as providedi ins section 24-476 Theaters, indoor Time-shares Veterinary hospitals and clinics Videotape sales andr rental establishments Wearing apparel stores Wireless telecommunication' facilities as provided in article. XI oft this chapter Clubs andl lodges, fraternal, civic andj patriotic Community centers Day Childcare centers  S P P P P P  P  Commented [SM28]: Ask PC  Commented [SM29): AskF PC  P  P S P P P s P P s S P P P P P s S $ P P P s P P s s  S S  Institutional Uses  161    Page! 57of1 147  Government office buildings, including buildings occupied any local, regional, state orf federal agency including courthouses Hospitals and nursing homes Public andj private schools and accompanying dormitories and facilities Public libraries Publicparks and playgrounds provided récreational facilities shall not bel less than 250 feetfrom-any residential lot line Sçhool support facilities Social, civic,patriotic and recreational clubs, lodges and fraternal orders U.S. post offices Carpentry and cabinet making shops Cold storage plants and frozen food lockers not including lard rendering and abattoirs S Contractor facilities and storage yards and establishments: fori installation: and servicing products with outside storage ofr materials and machinery P Contractor facilities noti involving outside storage oft materials and machinery Dry cleaning plants P Frozen food processors, lockers andi ice manufacturing P Light manufacturing, processing or packaging of products (including machine shops without punch presses)! provided all operations are conductedi ina al building whichs shall notl have any opening other than a stationary window within 100f feet ofan residential, agricultural or conservation district; shall not store or otherwise maintain any parts or waste material outside such building; and shall not create conditions of smoke, fumes, noise, odor or dust detrimental to health, safety org general welfare oft the community; and shalll bep permanently screened from adjoining residentiall lots and districts bya wall, fence, evergreen hedge and/or other suitable enclosure ofa ai minimum! height ofs seven feet att the original elevation oft the property line P Manufacturing, processing, fabricating,  P P P P  P P P S s dS s Jails P P P P P P  P P P P P P P  S  P P P P P P P  P  Industrial Uses  P P P  162    Page! 58 of1 147  assembling, distributing or packaging of products, including, but not limitedt to, business equipment, die-cut paperboard and cardboard; glass products made of purchased glass; electrical lighting and wiringe equipment; dairy products; bakeda and confectioners' goods; fruit and vegetable processing, canning and storage; electronic components; professional, scientific, engineering; laboratory, or researchi instruments; electronic computing instruments; iron and steel, musical instruments; toys; rubber andi metal stamps; photographic equipment; drugs; fire extinguisher; sporting and athletic goods, lithographic andj printing processes; radio and television receiving sets; appliances; watches; clocksand optical goods P Moving ands storagegstablishments Oilandgase exploration, extraction and production, providedt the provisions of seetions 45.1 10e-agh4S--14445-12864megh 46aeafVagai.19Ssama, and he eil and gas Fules-and regulations prashgaadlythe-siaes department oflabera and industry all applicable statel laws and state rules are adhered to Packing and distribution plants forl horticultural products, provided such plants arei incidentalt to agricultural operation of the property on which such plants are located P Printing establishments s Processing and sale oft milk and milk products, both wholesale or retail s Radio and" TV transmission towers (provided the toweri is sol located thati its minimum distance from any lot line shall equal the maximum! height oft the tower above ground level) S Radio and" TV transmitters Shopping centers as providedi ins section 24-476 P Sign manufacturing P Soft drink and bottling plants P Tire recapping, provided all operations are conductedi in al building whichs shall not have any opening other than as stationary window within 1001 feet ofar residential district and whichs shall not store or otherwisei maintain: any parts or waste material outside such! building P Transportation terminals and facilities  S S S S s S s s S S  163    Page! 59of1 147  s Truck stops asi Pm-simd- P Warehousing operations s Welding, blacksmith, or machine shops, excluding punch presses P Wholesale andj jobbing establishments s Yards fors storage and/ors sale of coal, petroleum products, or flammable gases s Yards fors storage: and/ors sale of lumber, building materials, or contracting equipment Uses listed ins section 24-265  S s s s S S S S  P  (Zoning Ord. 2003, table" 7.1) Secs. 24-236--24-263. Reserved. See. 18-707.1-E1Basinesi Park Distriet. Sec. 24-264. Intent of E-1 Business Park District. The E-1 Business Park District covers that part of the-town  DIVISION:2.1 E-1 BUSINESS! PARKI DISTRICT  theinstallation of uses that will  improve ande expandt thet town's employment base andi improvet thet town's generale economics situation. Uses allowed heavy trucking involving raw or finished materials, stockingand delivèry ofi rétail or wholesale goods, or by very limited nuisance factors such: ass smoke, odor, fumes, noise,light.traffic, includingi incidentall light andi noise duet to  are characterized:  those which as beingt  f  the public does notr require directand-trequent: access, but may see constant  the congregation of people and vehicles. (Zoning Ord. 2003,81 18.1-707.1.01) Sec. 24-265. Permitted uses.    (a) Withint thel E-11 BusinessPark Districta chapter are met.  (1) Class I uses shall be permittedt throughout the district provided all other restrictions contained in this (2) Class II uses shall bej permitted throughout the district provided all other restrictions contained in the zoning ands subdivision ordinance-are met and no building containing a Class II usei is located within 1,0001 feet ofan major road. For the purpose of this chapter, major road shalli includel U.S. Route 60, U.S.  Route 291 Business or U.S. Route 291 Bypass. (3) Class] III uses ares specifically prohibited. (1) Accessory uses as providedi ins section 24-472.  (b) Class Iuses.  (2) Automotive repair garage, mechanical and body, provided all operations are conducted in a building whichs shall not! have any opening other than as stationary window within 1001 feet ofa a residential district and whichs shall nots store or otherwisei maintain: any parts or waste material outside such building. Building materials dealer, not including handling of bulk materials such as sand and gravel located  (3) Bakeries. (4) Banks ands savings and loani institutions. outsidea a building. (6) Cabinet making shops.  164    Page 60 of 147  (7) Catering establishments. (8) Churches. (9) Clinics and medical offices.  (10) Colds storage plants and frozen foodl lockers noti including lard rendering and abattoirs. (11) Contractor facilities for the fabrication, installation and servicing of the following: air conditioning, electrical service, telephone and wireless communication systems, flooring, heating, interior decorating, painting, plumbing, roofing, tiling, or ventilating with all material and equipment stored entirely in buildings enclosed on all sides. Accessory storage yards for contractor facilities shall be allowed  provided that they are adequately screened fromj public view.  (12) Day Childcare centers. (13) Craftb brewery. (14) Craft distillery. (15) Feed: and seed stores. (16) Frozenf foodj processors. (17) Garages, private andj public. service, including libraries. (19) Hospitals, nursing homes and retirement centers, (20) Laboratories, pharmaceutical orr medical. - (21) Machinery sales ands services conducted.withinal building.  (18) Government buildings usede exclusively byt the county, municipal,state orf federal government: for public  (22) Manufacturing, processing or fabricating, dsunhu.cepaciagng of products (including machine shops without! punch! presses), providedal alloperationsared conductedi inab building; parts or waste material shall not be stored or ohamimaivicusae) any such building; and operations shall not create  smoke, fumes, noise, odor grdust (23) Motels, motorl hotels (24) Pest exterminating! (25) Post offices. (26) Printing plants and newspaperoffices. Professional (27) street. (29) Radio: and' TV offices ands studios. (Deleted) (Deleted) (30) Restaurants. (31) Signr manufacturing. (32) Signs as permitted herein. (33) Wineries, vineyards and microbreweries. (c) Class] II uses.  safety or general welfare oft the community.    officel buildings.  (28) Public utilities; poles, lines, transformers, pipes, meters, and/oro other facilities necessary for thep provision and maintenance ofp public utilities; provided that electric service lines within 1,500f feet from aj primary roads shall be underground and that provided that only onel line of utility poles shall be allowed ona any  165    Page 61 of1 147  (1) Any manufacturing or industrial use whichi is not specifically prohibited by this section or prohibited under any performance specification contained in the zoning and subdivision ordinance or deed restrictions. Allowable! lighti industrial uses meeting alla applicable pertormance standards shall include,  but not bel limited to, the manufacturing of: Adhesive products. b. Airo conditioning, refrigerated equipment. Apparel and: accessories, hosiery and lingerie. d. Automatici temperature controls. Automobile: and truck parts. Bakery goods. Batteries. Blankbooks, looseleaf binders and devices. Boxes. Brooms andl brushes. Business machines, equipment. Cameras and photographic m. Cameras and other Candy. Canvas products. Ceramic products. Chemical: apparatus. Communication equipment. Computers. Confections. Cosmetics andt toiletries N. Curtains and draperies. Cutlery, hand tools and general hardware. Dental equipment ands supplies. Drugs. aa. Electrical: appliances, components and instruments. bb. Electrical equipment cc. Electrical lighting and wiringe equipment. dd. Electricalt transmission: and distribution equipment. ee. Electronic components andi instruments. gg. Envelopes. hh. Extracts, food: and flavor.  S  Costume jewelry, costumenoyelties, buttons and miscellaneous notions (except precious metals).  ff. Engineering, laboratory ands scientific and research instruments, equipment.  166    Page 62 of 147  Fences. oils. kk. Furniture and fixtures. II. Glass products. mm. Greeting cards. nn. Hardware andt tools. 00. Hats, caps and millinery. PP. Ice cream. 99. Ice, natural and dry. rr. Inkp products. SS. Instruments, professional, scientific and controlling. tt. Insulating materials. uu. Jewelry, silverware: and flatware. vv. Laboratory apparatus. ww. Lace goods. xx. Leather products (manufacturing, nott toi includet tanning). yy. Luggage manufacturing, nott toi include tanning ZZ. Machine tools, light. aaa. Machinery andi machines, household and office. bbb. Medical instruments ande equipment. ccc. Metal products andi machinery, medium andli light. ddd. Modular and mobilehomes. eee. Motorcycles. fff. Musicali instruments and parts. ggg. Novelty products. hhh. Office, computing and accounting machines. iii. Ophthalmic goods. jij. Opticali instruments: and lenses. kkk. Orthopedic, medical, prosthetic ands surgical supplies. II. Perfumes. mmm. Pharmaceuticals. nnn. Photographic equipment and supplies. 000. Photography film. PPP. Polish. 994. Porcelain enamel products. rrr. Pottery and chinaware.  Food products other than fish, sauerkraut, vinegar, or yeast, ort the refining ori rendering of fats or  SSS. Professional, scientific and controlling instruments; photographic and optical goods, watches and  clocks, clockwork operated devices and parts.  167    Page 63of1 147  ttt. Radioa and television sets. uuu. Rope, fibrous. VVV. Rugs. www. Shoes. XXX. Signs and advertising displays. yyy. Silverware. andj plated ware. ZZZ. Silverware, plates and sterling. al. Spices. bl. Sporting anda athletic goods. cl. Starch. d1. Textile mills products. el. Tobacco products. fl. Toiletries. gl. Toys and games. hl. Twine, fibrous. il. Umbrellas, parasols and canes. jl. Wax and wax products. kl. Wearing apparel. 11. Window blinds, shades and nings ml. Wire. nl. Woodp products. Blueprinting: andp phoosingesuhigmemt (3) Bookbinding. (4) Books, publishing andp (5) Bottling and beverage (6) Bus and other transit stations. (7) Carpentry and cabinetr makings shops. (8) Catering establishments. (9) Coffee andj peanut roasting. (10) Commercial greenhouses. (11) Communications systems service: and wholesale. (12) Computer centers. (13) Contractor and construction: shops and yards. outsides storage. (15) Dairies and/or pasteurizing plants. (16) Dataj processing service. (17) Dental laboratory services.  E    (14) Contractor: facilities and storage yards and establishments for installation and servicing products with  (18) Depositories for thes storage ofc officei records, microfilm or computer tapes.  168    Page 64of1 147  (19) Die casting. (20) Distribution center. (21) Dyeing establishments. (22) Electrical equipment fabrication. (23) Electrical testing laboratories. (24) Electronic components andi instruments! fabrication. (25) Electroplating. (26) Emergency services. (27) Feed: and seed stores. (28) Food wholesale. (29) Frozeni foodl lockers andi ice manufacturing. (30) Frozenf foodp processors. (31) Laboratories, researcha and testing. (32) Laboratories, pharmaceutical or medical. (33) Latex (fabrication, noti including paint). (34) Laundry plants. (35) Linens supply establishments. (36) Lithographing. (37) Machine shops.  (38) Manufacturing, processing, fabicating.Asembling distributing orp packaging ofp products, including, but notl limited to, business drPrtte cardboard; glass products made of purchased glass; electrical lighting andy wiring equipment,dairy products; baked and confectioners' goods; fruit and vegetable processing, canning ands storage; electronic components; professional, scientific, engineering; laboratory, or researi-insruments electronic computing instruments; iron and steel, musical instruments; toys; rubber andmetals stamps; photographic equipment; drugs; fire extinguisher; sporting and athletic goods, lithographic and printing processes; radio and television receiving sets; appliances;  watches; clocks; and opticalgoods. (39) Metal finishing.  (40) Metal products and machinery, medium and lightf fabrication. (41) Milk and dairy products (processing and distribution). (42) Monument works ands statuary (production). (43) Motorf freight terminals. (44) Motorcycle fabrication. (45) Moving and storagee establishments. (46) Newspapers, publishing andj printing. (47) Office, general, directly related toi industrial activities. (48) Off-street parking garages and lotsi incidental toi industrial activities.  (49) Oil: and gas exploration, extraction: andj production, provided thet previsiense dastam:sdK.aph 45-1144(45-1-2864 ACVS 1950,axamemdecdkamdt theeiland gas-Fules-and regulatiens Pmtsadysa-viga. Department efLabor and Industry are adheredte that there is  compliance with all applicable laws andr rules.  169    Page 650 of 147  (50) Packaging and paper products manufacturingi from previously prepared materials.  (51) Photoengraving. (52) Photography filmj processing. (53) Plastics (fabrication). (54) Porcelain enamel products fabrication. (55) Printing andj publishing. (56) Printing establishments.  (57) Public utilities; poles, lines, transformers, pipes, meters and related ors similari facilities; public water and sewer filtration] lines, treatment facilities, andj pumping facilities, electrical powert transmission: lines and substations; oil and gas transmission pipelines and pumping station microwave transmission and relay towers and substations; unmanned telephone exchange centers and similar suchi facilities. (58) Radio and television studios and stations, provided that studios produce no exterior electromagnetic  effecta and ares soundproofedi from: adjoining properties. (Deleted) (Deleted) (59) Research, development and testingl laboratories. - and other products oft the corporation) provided the area. (61) Rubberf fabrication. (62) Sale of products produced ont the premises. (63) Sign manufacturing. (64) Signs as providedi ina articlel (65) Silverware, plate and (66) Soft drink and (67) Spice processing. appurtenances thereto. toa article XI oft this chapter. (70) Telephone exchanges. (71) Textile mills products fabrication. (72) Tool, die or pattern making shops. (73) Transportation terminals andi facilities. (74) Truck painting and body repair shops. (76) Warehousing operations. (77) Welding and blacksmith shops.  (60) Retail/wholesale display rooms for sales ati mlayiateuiaesofy products manufactured ons site  15p percent oft thet total floor  Ciphyrtnctdl    (68) Static transformer stations, transmission lines, gas and water mains, conduits for the transmission of electric energy including telephone, telegraph, and noncommercial radio and television poles and (69) Wireless communication: facilities, including radio: and" TVt transmitters and transmission towers, subject  (75) Warehousing and storage, excepts sandyards, gravel yards, coal yards, railroad yards, automobile wrecking yards, junkyards, ort the storage of combustibles prohibited by the fire code.  (78) Welding, blacksmith, ori machine shops, excluding punch! presses.  170    Page 660 of1 147  (79) Wholesale andj jobbing establishments. (80) Wholesale display rooms within industrial establishments.  (81) Wholesale establishments with a building area of 5,000 square feet or more. A portion of the b. Are not used for second hand (consignment) merchandise or auction centers and do not require outdoor storage such asl lumber yards, wholesale warehouses for thes sale ofr motor vehicles, farm, (83) Yards fors storage and/ors sale of coal, lumber, building materials, or contracting equipment. (84) Other uses determined by the town council tob be ofs similar character to and compatible with the above (1) Residential uses such as single- family dwellings, manufactured.homes. and manufactured home parks,  establishment may be used for retail display area, provided thei retail sales: Dor note exceed 15 percent oft thet total building area; and orh heavy construction equipment.  (82) Woolp processing. uses. (d) Class] III uses. duplexes, multifamily and apartment dwellings, andt townhouses. (2) Abattoir ors slaughterhouse, exceptf for poultry chapter. (3) Acetylene gasi manufacture ona a commercials (4) Acid manufacture, such as offensive acid manufacture, ort their industry. Armories. (6) Asphalt roofing, tarr (7) Automobile and truckr (Deleted) (8) Bleaching powder, cellulose products. (10) Coal tari manufacture or tard distillation. (11) Cork products manufacturing outside ane enclosed structure. (12) Creosote manufacture or creosote treatment. (13) Distillation oft bones. (14) Fati rendering.  use permitted by this or other corrosive or scale as accessory toap permitted  manufacture.  (9) Celluloid orp pyroxylenei mânufacture orprocessing; ther manufacture ofe explosivec orl highly inflammable  F  (15) Fertilizer manufacture ort the compounding off fertilizers ona a commercial: scale. (16) Fireworks ore explosives manufacture, nitrating process, thel loading ofe explosives ort their storagei inb bulk. (17) Fish smoking or curing or processes involving recovery fromi fish or animal offal. (19) Gas manufacture, or gass storagei inc quantity exceeding 500,000cubic: feet within 100f feet of any lot line; ori inc quantity exceeding 200 cubic feeti if the pressure is greatert than 100 pounds per squarei inch.  (18) Fuel storage yards. (20) Glue ors size manufacture. (21) Hornj processing.  171    Page 67of1 147  (22) Lime, gypsum, plaster or plaster of paris manufacture. (23) Lumberyards and sawmills. (24) Match manufacturing. (26) Petroleumi manufacturing. (27) Potashi manufacture. (28) Retail uses, unless specifically listedu under Class Iuses. (29) Rope, fibrous manufacturing outside: an enclosed structure. (30) Rubber products manufacturing. (31) Solid waste management: facilities. (32) Soda, soda ash, caustic: soda manufacture. (33) Starch, glucose and dextrine manufacture. (34) Turpentine, varnish ors shellac manufacture.  (25) Motor freight terminals, except when inc direct support of aj permitted manufacturer or distributor.  (35) Anyo other use orp purpose whichp produces or may produce smoke,fumes, noise, odors, dust orp particulates that couldt travel onto, over, or across any property lineand which wouldbe detrimental to thel health, safety andg general welfare oft the community andt tenantsof adjoining or adjaçent property.  (Zoning Ord. 2003,18.1-707.1.02) Secs. 24-266--24-293. Reserved. Sec. 24-294. Definitions.  ARTICAMAELOOPLAINS DIVISION 1.GENERALLY  The following words, terms and phrases, when usedin this article, shalll have the meanings ascribed to them int this section, except where the context clearlyindicates: a different meaning: Base flood/100-year floodmeans aflood that, ont the average, isl likelyt toc occur once every 100 years (i.e., that has a onej percent chance ofc occurringeach year, although the flood may occur in any year). Board ofz zoning appeals means theboard appointed toi review appeals made by individuals with regard to decisions of the: zoning: administrator: int the,interpretation oft this chapter. Development means any manmade change toi improved or unimproved real estate, including, but not limited to, buildings and other structures, the placement ofr manufactured: homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operation, or storage of equipment ori materials. construction ofi facilities fors servicing thel lots on which the manufactured homes are tol be affixed (including, ata minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed! before thei initial effective date oft these regulations. Expansion toc ane existing manufactured. home park or subdivisioni means the preparation of additional sites by thec construction off facilities fors servicing thel lots onv which thei manufactured homes aret tob be affixed (including the installation of utilities, the construction ofs streets and either final siteg grading or the pouring ofc concrete pads). Floodi means a general and temporary: inundation ofr normally dry land: areas. (1) Ai relatively flat or lowl land area adjoining ai river, stream or watercourse whichi is subject top partial or  Existing manufactured. home park/subdivision:  ai manufactured! home park ors subdivisioni for whicht the  Floodplain: means: complete inundation;  172    Page 68 of1 147  (2) An areas subject tot the usual and rapid accumulation orr runoff ofs surface water from: any source. Floodprone areai means any land area susceptible tol beingi inundated by water from: any source. Floodway: means the designated area oft the floodplain required too carry and discharge floodwaters ofag given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood oft the 100- (1) Listedi individually in thel National Register ofl Historic Places (al listing maintained by thel Department of] Interior) or preliminarily determined byt the Secretary oft thel Interior as meeting thei requirements for (2) Certified or preliminarily determined by the Secretary of the Interior as contributing tot the historical significance ofar registered historic district or a district preliminarily determined by the Secretary to (3) Individually listed on a state inventory of historic places in states with historic preservation programs (4) Individually listed on a local inventory of historic places in-communities with historic preservation By an approved state program as determined! byt the Secretaryof theJ Interior, or b. Directly by the Secretary oft thel Interiori ins stateswithout) approved programs. Manufactured. home means thes same ast the meaning describedi inthe definitions section oft this chapter. Manufactured. home park'subdivision: means ap parcel (Orcontiguous) parcels)ofl land dividedi into two or1 more New construction, for the purpose of determining insurance rates, means structures for which the start of construction commenced on or after the effective ofan initiall FIRM (floodi insurance rate map) or after December 31, 1974, whichever is later, and includes_any subsequent improvements to such structures. For floodplain management purposes, thet term' new çonstruction" meansstructures. for whicht thes start ofc construction commenced on or after the effective date ofa floodplain management regulation adopted by a community and includes any New manufactured homé parksubdivision means a manufactured home park or subdivision for which the construction ofi facilities for servicingthe. lots on which the manufactured homes are tol be affixed (including, ata minimum, the installation of utilities, the construction of streets, and either final site grading ort the pouring of concrete pads)i is completedo on ora after thei initiale effective date oft thec ordinance from whicht this chapteri is derived.  year magnitude. Historic structurei  any structure thati is:  individuall listing ont thel National Register; qualify asa ai registered historical district; which! have been approved! by the Secretary oft thel Interior; or programs that have been certified either:  lots fori rent ors sale.  subsequent improvements tos suchstructures..  Recreational vehicle means a vehicle whichi is: (1) Built ona a single chassis;  (2) 400 squaref feet orl less when measured: att thel largest horizontal projection; (3) Designed tob bes self-propelled or permanently towable bya al light-duty truck; and (4) Designed primarily notf foru use asap permanent dwelling but ast temporary living quarters fori recreational Start of construction: means the date thel building permit wasi issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days oft thej permit date. The: actual start means either the first placement of permanent construction ofas structure ona a site, such ast the pouring ofas slab orf footings, thei installation of piles, the construction ofc columns, or any work beyondt thes stage of excavation; or the placement of ai manufactured! home on ai foundation. Permanent construction does noti include land preparation, sucha as clearing, grading andi filling; noro doesi itinclude thei installation ofs streets and/or walkways; nor does iti include excavationi fora al basement, footings, piers, or foundations or the erection oft temporary forms; nor does iti include thei installation ont the property ofa accessory buildings, such as garages ors sheds not occupied as dwelling units or not part oft the main structure. For a substantial improvement, the actual start of construction means  camping, travel, ors seasonal use.  173    Page 690 of1 147  the first alteration on any wall, ceiling, floor, or other structural part ofa building, whether or not the alteration Substantial. damage means damage of any origin sustained by a structure whereby the cost of restoring the structure toi its before-damaged condition would equal or exceed 50j percent of the market value of thes structure (1) Anyr reconstruction, rehabilitation, addition, or otheri improvement ofa as structure, thec cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures which have incurred substantial Any project fori improvement ofa a structure to correct existing violations ofs state or local health, sanitary, or safety code specifications which have beeni identified by the local code enforcement official and which aret the minimum necessary to ensure safe] living.conditions; or b. Any alteration of an! historic structure, provided thatt the alteration will not preclude the structures The purpose oft these provisions is to prevent the loss ofl life andproperty. the creation of! health and safety (I) Regulating uses, activities, andd developmenty which,aloneori inc combination with othere existingo orf future uses, activities, and development, willcause unacceptable increases in flood heights, velocities, and Restricting or prohibitingo ECEATIAtTnNELamdA development from locating within districts subject (3) Requiring allt those uses, activities, and developments that dooccuri ini floodprone districts tobep protected (4) Protectingi individuals frombuying land, ands structures which: are unsuitedi fori intended purposes because These provisions shall apply to: alll lands within thej jurisdiction oft thet town: andi identified as beingi int the 100- (a) No land shall hereafter be developed, and no structure shall be relocated, constructed, reconstructed, enlarged, ors structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances andi regulations which apply tou uses within thej jurisdiction oft this chapter. (b) The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur on rare occasions. Flood heights may bei increased by manmade or natural causes, such asi icej jams and bridge openings restricted by debris. This chapter does not imply that districts outside the floodplain district, or that land uses (c) This chapter shall not create liability ont thej part oft the town or any officer or employee thereof for any  affects thee external dimensions of the building. beforet the damage occurred. Substantial. improvement means:  damage regardless oft the: actual repair work performed. (2) The term' 'substantial improvement" does not, however,i include either:  /  continued designation as an! historic structure.  (Zoning Ord. 2003,81 18.1-915.2) Sec. 24-295. Purpose.  hazards, the disruption of commerce: and governmental: serviçes, the extraordinaryandi public funds for flood protection andi relief, and thei impairmentof thet tax baseby:  of  -5  unnecessary expenditure  frequencies. to flooding. ofi floodl hazards. (Zoning Ord. 2003, $18.1-915.1.1) Sec. 24-296.. Applicability. year floodplain by thel Federal Insurance. Administration. (Zoning Ord. 2003, $18.1-915.1.2) Sec. 24-297. Compliance and liability.  and/or loodproofedgainst. flooding and flood damage.  permitted withins such district willl bei free: from floodingo or flood damages.  174    Page 70of1 147  flood damages that resultf fromi reliance ont this chapter, or any administrative decision lawfully madet thereunder. This chapter supersedes any ordinance currently in effect in floodprone districts. However, any underlying ordinance shalli remaini inf fullf force: ande effect tot the extentt thati its provisions arei more restrictive than this chapter. yeN--tw phrase oft this ordinance- shall be deelared invalid wywhsaN decisien shall not affeet the remaining portiens oft this ordinanee. The remaining portions shall imemidawt: and for this purpese, the Prowisiom-dftlhis-eriimane-ar-heehy  (Zoning Ord. 2003,918.1-915.13) Sec. 24-298.. Abrogation and greater restrictions. (Zoning Ord. 2003, $18.1-915.1.4) See. 8915.1-Severahiliy, eeardebeseverabe. Ze:ngOR-290.5.418-191515) Sec. 24-299. Penalties.  (a) Any person whoi fails to comply with any of thei requirements or provisions oft this chapter or directions oft the: zoning officer ora any other authorized employee oft thet towns shall beguilty ofa Class 1 misdemeanor efthe (b) Ina addition tot the above penalties, all other actions arel hereby reserved,ir including an actioni ine equity for the proper enforcement oft this chapter. The imposition of fineor penaliy for any violation of, or noncompliance with, this chapter shall note excuse they violation or noncompliance topermititt toc continue; and alls suchp persons shall be required to correct or remedy such violations or mocompliamcewitin reasonable time. Any structure constructed, reconstructed, enlarged, altered, orI relocated innoncompliance: with this chapter may be declared by the town council tol be a public nuisance and abatable as'such.Floodi insurance may be withheld from structures  firstelass ands subject tot thep penalties therefor.  constructedi in violation of this chapter. (Zoning Ord. 2003.918.1-915.1.6) Sec. 24-300. Variances; factorst tol beconsidered.  --  Inp passing upon applications for-variances.thel board of zoning appeals shall satisfy alli relevant factors and procedures specifiedi in other sections ofthe zoning ordinance and consider the following additional factors: (1) The danger tol life andj property due toincreased: flood heights or velocities caused by encroachments. Noy variance: shall be grantedfor any proposed use, development, ora activity within any floodway district (2) Thec danger that materials may bes swept ont to other lands or downstream tot thei injury to others. 3) The proposed water supply and sanitation systems and the ability oft these systems top prevent disease, (4) Thes susceptibility of thej proposedi facility andi its contents tof flood damage and the effect ofs such damage (5) The importance oft thes services provided! by the proposed facility tot the community. (6) The requirements oft the facility fora a waterfront! location. (7) The availability of alternativel locations not subject tof flooding fort thej proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the (9) The relationship oft thej proposed uset tot the comprehensive plan and floodplain management program for (10) The safety of access by ordinary and emergency vehicles tot the property int time off flood.  that will cause any increasei int the 100-year flood elevation. contamination, and unsanitary conditions. ont thei individual owners.  foreseeable future. the area.  175    Page 71 of1 147  (11) The expectedl heights, velocity, duration, rate ofr rise, and sediment transport oft thei floodwaters expected (12) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation" willi not preclude the structure's continued designation as al historic structure and variance ist ther minimumi necessary to preserve thel historic character and design of thes structure. (13) Such other factors which are relevant tot thej purposes of this chapter. a. The board of zoning appeals 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 ine evaluating the proposed projecti ini relation to floodl heights and velocities, and the: adequacy oft thej plans for flood protection and other related matters. Variances shalll bei issued only after thel board ofz zoning: appeals has determined that the granting of such will noti resulti in unacceptable or prohibitedi increases in flood heights, additional threats to public safety, extraordinary public expense, and will not create, nuisances, cause fraud or victimization oft thej public, or conflict withl local laws or ordinances. Variances shalll bei issued only after thel board ofz zoningappeals) has determined that variance will bet thei minimumi required top provide relief from: any exceptionall hardshipt tot the applicant. The board of zoning appeals shall notify the applicant foravariânce, in.writing, that thei issuance ofa variance to construct as structure below the 100-year floodelevation: increases the risks tol life andj property and will resulti ini increasedj premium rates for loodinsurance. Ar record shall be maintained of the above notification aswell as all variance actions, including justification: for thei issuance oft the) variances.A Any.varianceswhich, arei issued shall ber notedi int the annual or biennial report submittedto thel Federall Insurance Administrator.  att thes site. 7)  (Zoning Ord. 2003, $1 18.1-915.5) Sec. 24-301. Existing structures inf The substantial damage or this article. (Zoning Ord. 2003, $ 18.1-915.6) Ammaspamk.e. Secs. 24-302-24-320. Reserved. Sec. 24-321. Description of floodplain districts.  structures shall require full compliance with the provisions of    DVSONZTLOOPLAN DISTRICTS  (a) Basis of districts. The various floodplain districts shall include areas subject toi inundation! by waters of the 100-year flood. Thel basis for the delineation of these districts shall bet the flood insurance study fort the town prepared by the Federal Emergency Management. Agency, Federal Insurance. Administration, dated September 19, (1) The floodway district is delineated, for purposes oft this chapter, using the criterion that certain areas withint thef floodplain must be capable of carryingt the waters oft the 100-year flood withouti increasing the water surface elevation oft that floodr more than one foot at any point." The areas includedi in this district are specifically defined in table II oft the above-referenced flood insurance study and shown on the accompanying flood boundary and floodway map or floodi insurance rate map. (2) Thei flood-fringe districts shall bet that areac oft the 100-year floodplaini noti includedi int the floodway district. The basis for the outermost boundary oft the district shall bet the 100-year flood elevations contained in thef floodp profiles oft the: above-referenced: floodi insurance: study anda ass showno ont thea accompanying flood  2007, as amended.  boundary and floodway map or floodi insurancei rate map.  176    Page 72of1 147  (3) The special floodplain district shall be that floodplain area for which base flood elevations have been providedi int thel FIS: and FIRME but for whichi no floodway has been delineated. Such areas ares shown: as (4) The approximatedi floodplain district shalll bet that floodplain areai for which no delineated flood profiles or elevations are provided, but where the 100-year floodplain boundary has been approximated. Such areas are shown as Zone A ont the maps accompanying the floodi insurance study. For these areas, the 100-year flood elevations and floodway information: from other federal, state, or other acceptable source shall be used, when available. When such other acceptable information is not available, the elevation shall be determined by using the elevation ofap point on thel boundary oft thei identified floodplain area (1) The floodplain districts described above shall be overlays tot the existing underlying districts as shown ont the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve (2) Any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, ther morei restrictivej provisions and/ort those peraningiothe-lodplain districts shall (3) Int the event any provisions concerning ai floodplain distfictisdeclared inapplicable as a result of any legislative or administrative actions orj judicial decision, the basic underlying provisions shall remain The boundaries oft the floodplain districts relestablishedas shown-ont the flood insurance rate map whichi is The delineation ofa any oft the floodplain districtsmayl ber revisedb byt thet town council where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps ofl Engineers or other qualifiedagency, or anindividual documents ther needi fors such change. However, prior toa any such change, approval must be obtainedi from thel Federal! Insurance Administration.  Zone AEC ont thei maps accompanying thel FIS.  whichi isi nearest tot the construction: site. (b) Overlay concept.  asas supplement tot the underlying district provisions.  apply. applicable. (Zoning Ord. 2003, $1 18.1-915.3.1) Sec. 24-322. Official zoning map. (Zoning Ord. 2003, $1 18.1-915.3.2) Sec. 24-323. District boundary changes.  declared tob bep part oft this chapter, and which shall bel kept onf fileat thet town offices.  I -  (Zoning Ord. 2003, $18.1-915.3.3) Sec. 24-324. Interpretation of district boundaries.  Initiali interpretation oft the boundaries oft the floodplain districts shall be made by thez zoning officer. Should adispute: arise concerning thel boundaries of any oft the districts, thel board ofz zoning appealss shall make the necessary determination. Thej person questioning or contesting thel locationo oft the districth boundary shall be givena ai reasonable opportunity top present his caset tot thel board andt tos submit his ownt technical evidence ifhes sO desires.  (Zoning Ord. 2003,9181-91534) Secs. 24-325-24-351. Reserved. Sec. 24-352. General provisions.  DIVISION 3.1 DISTRICT RESTRICTIONS  (a) Permit requirement. All uses, activities, and development occurring within any floodplain districts shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of the ordinance and with all other applicable codes and ordinances, such as the uniform statewidel building code: andt thet town subdivisioni regulations. Prior tot thei issuance ofa any such permit, the zoning officer shall require alla applications toi include compliance with all applicable state andi federall laws. Under  177    Page 73of1 147  no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or (b) Alteration or relocation of watercourses. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction aj permit shall be obtained from the U.S. Corps of Engineers, the state water control board, the state marine resources commission (aj joint permit application is available from any oft these organizations). Furthermore, notification oft the proposal shalll be given by the applicant toa all affected adjacent jurisdictions, the division of soil and water conservation (department of conservation and (c) Site plans and permit applications. All applications for development int the floodplain district and all building permits issued for thei floodplains shalli incorporate the following information: (1) For structures tol bee elevated, the elevation oft the lowesti floor (including basement). (2) For structures to be floodproofed (nonresidential only), the elevation to which the structure will be (4) Topographic information: showing existing andj proposed ground elevation. (1) Manufactured: homes that are placed or substantially improved on sites: Outside ofar manufactured! home park ors subdivision; b. Inan new manufactured! home park ors subdivision; substantial damage ast the result ofa flood;  floodways of any watercourse, drainage ditch, or any other drainage facility or system.  recreation), and thel Federal Insurance. Administration.  floodproofed. (3) The elevation oft the 100-year flood. (d) Manufactured. homes.  Ina ane expansion toa ane existing manufactured home park orsubdivision; or Ina ane existingr manufacturedl home park ors subdivision ony whicham manufactured: homel hasi incurred shall be elevated on aj permanent. foundation such that the lowest floor of the manufactured home is elevated to or above the base flood'elevation and be securely anchored to an adequately anchored 2) Manufactured homes obe.placed.or substantially improved ons sites ina an existing manufactured home park ors subdivision thatarer notsubjecttot the provisions ofp paragraph one above shalll bee elevated sot that Thel lowest floor oft themanufactured home is ato or above thel base flood elevation; or Thei manufactured! home chassisi iss supported by reinforced piers or other foundation elements ofat least equivalent strength that are nol less than 36i inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral  foundation: system tor resist flotâtion, collapse andlateral movement.  either:  movement.  (e) Recreational vehicles. Recreational vehicles placed ons sites shall either: (1) Be ont thes site for fewert than 180 consecutive days; (2) Be fully licensed andi ready for highway use; manufacturedl homes ins subsection (d)(1)d oft this section.  (3) Meet the permit requirements for placement and the elevation and anchoring requirements for  (Zoning Ord. 2003,1 18.1-915.4.1) Sec. 24-353. Floodway district.  Int the floodway district no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in  any increasei int the 100-year flood elevation.  178    Page 74of1 147  (Zoning Ord. 2003, $1 18.1-915.4.2)  Sec. 24-354.1 Flood-fringe, special floodplain and: approximated: floodplain districts.  (a) Int the flood-fringe, special floodplain and approximatedi floodplain districts the development: and/or use ofl land shall bej permitted in accordance with the regulations oft the underlying district, provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing, and related provisions containedi int the uniform statewide building code: and: all other applicable codes and ordinances. (b) Standards for the special floodplain district. Until a regulatory floodway is designated, no new construction, substantiali improvements, or other development (including fill) shall bej permitted within the areas of special floodplain district, designated as zones AE ont the flood rate insurance map, unless itis demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will noti increase the water surface elevation of thel base flood more than onei foot at any point within  thet town. (Zoning Ord. 2003,918.1-91543)  Sec. 24-355. Decision criteria for utilities and facilities.  (a) Sanitary sewerj facilities. All new or replacement sanitary sewer facilities and private package sewage treatment plants (including allp pumping stations and collector systems) shallbe designed tor minimize or eliminate infiltration of floodwatersi intot thes systems and discharges from the systems into the floodwaters. In addition, they should bel located and constructed tor minimize ore eliminate flood damage andi impairment (b) Water facilities. All new or replacement water facilities shallbe designed to minimize or eliminate infiltration off floodwaters into thes system and! bel located and constructed tominimize or eliminate flood damages. (c) Drainage facilities. All storm drainage facilities shall be designedi toconvey thei flow of surface waters without damage toj persons or property. The systemsshall ensure drainagela away from buildings and on-site waste disposal sites. Thet town council may require aj primarily undergrounds system toa accommodate: frequent floods and asecondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be consistent with local and regional drainage plans. The facilities shalll bec designedt top prevent thedischarge ofexcess runoff onto adjacent properties. (d) Utilities.. All utilitiess sucha as gaslines.e electrical and telephone systems being placedi ini floodprone areas should bel located, elevated (where Pasble,endconsncad to minimize the chance of impairment during a (e) Streets ands sidewalks.: Streetsand: sidewalkss shouldb bec designed toi minimize their potential fori increasing and aggravating thel levels off flood low.Drainage openings shall ber requiredt tos sufficiently discharge flood flows  flooding occurrence.  without unduly increasing floodl heights. (Zoning Ord. 2003,9181-91544) Secs. 24-356--24-383. Reserved.  ARTICLEVLPLANNEDUNITDEVELOPMENT  Sec. 24-384. Intent of the planned unit development requirements.  Thej planned unit development concept, hereinafter referred to asl PUD, ise established to encourage innovative and creative design and to facilitate use oft the most advantageous construction techniques in the development of land for residential and other selected secondary uses. PUDs arei intended top provide flexibility int the development ofl larget tracts ofl landt throught the waiver ofc certainl lot, setback and user restrictions, ands shouldp providef fori increased amenities, safety and conveniences, reduced public and private costs and other public andj private! benefits.  (Zoning Ord. 2003,1 18.1-917.01) Sec. 24-385. Planned unit development designation. town council.  A development shalll bec designated al PUD only when it meets alli requirements herein: and is approved by the  179    Page 75of1 147  (Zoning Ord. 2003, $1 18.1-917.02) Sec. 24-386. Permitted uses. (1) Single-family dwellings. (2) Two-family dwellings. (3) Multifamily dwellings. (4) Townhouses. (5) Condominiums.  Withina al PUD, the following uses are permitted, subject tot the: approval oft thet town council:  (6) Commercial uses (including retail shops, specialty shops, convenience/grocery: stores). 1) Automobile services stations as provided ins section 24-473. (8) Swimming pools and tennis courts. (9) Marinas, docks andl boating facilities ofac commercial orc (10) Churches, manses, parish! houses. (11) Schools. (12) Day Childcare centers. (13) Parks andj playgrounds. (14) Community center. (15) Theaters, indoor. (16) Library. (17) Signs as providedi lina (18) Offices. (19) Restaurants, cafés, (20) Lodging facilities. (21) Golf courses, drivingi ranges,andc clubh houses. (22) Other compatible uses approved byt the town council. (23) Emergency services. (25) Privates streets ina accordance with section 24-392. (Zoning Ord. 2003,81 18.1-917.03) Sec. 24-387. Minimum: acreage of development.  3  -  (24) Utilitiesi intended tos serve dwellings andl businesses within their service: areai int thel PUD.  The minimum acreage for developing al PUDis 15 contiguous acres.  (1) Additional land area may only be added to an existing PUD if approved by the town council as an amendment tot thes special use permit: authorizingt the! PUD, andj providedt the additional acreagei is adjacent (except for public roads) thereto, forms a logical addition tot the existing PUD, andi is being developed (2) Amendments tos special use permits must comply with the requirements ofs section 24-38(3) relatedt to  byt thes same developer. special use permits generally. (Zoning Ord. 2003, $18.1-917.04)  180    Page 76of1 147  Sec. 24-388.1 Density requirements.  Withinlal PUD, the following maximum density requirements shall be adhered to:  Commented [VH30): Doy youv wantt these changes per Hobbs? Commented SM31R30]: yes  Public Water and Non-public Water Non-public Water  Residential Use  On-Site Sewerage and On-site  and On-Site 1.50 dwelling units/acre 3dwelling units/acre 4-dwelling units/aere  Systems  Sewerage System Sewerage System units/acre units/acre dwelling anits/aere  Single-family dwellings 5dwelling units/acre 2dwelling Two-family dwellings 8dwelling units/acre 4dwelling  Multifamily dwellings, townhouses and condominiums (Zoning Ord. 2003,81 18.1-917.05) Sec. 24-389. Use coverage. following:  1210 dwelling units/acre  The maximum or minimum coverage of thetotal land area beingdeveloped as al PUD shall not exceed the (3) Recreational uses (including golf courses, butr not any accessory commercial uses): Minimum of ten  (1) Residential uses: Maximum bétween40 percent and 60 percent. (2) Open space (excluding parking area): Minimum of20p percent usable area.  percent usable area (4) Commercial usés: Minimum oft tenp percent. 5) Other uses,Maximum often percent. (Zoning Ord. 2003, $18.1-917.06)  Sec, 24-390. Application ofminimumt) lot area, lot width and yard setback requirements.  Commented [VH32): Doy youv wantt thesec changes per Hobbs? Commented [SM33R32): yes  (a) The minimum lot area, lot width and yard setback requirements herein and in the town's subdivision Residential Use Minimum Lot Minimum. Lot Minimum Yard: Side Setback. Rear  regulations are hereby waived except as follows:  Area (sq- f.) Width 4,000 6,000 1,200  Front 1520 feet 20feet 10- 6feet  Single- family dwellings Two-family dwellings Townhouses  501 feet 60f feet 161 feet  10f feet 10f feet (b)  151 feet 151 feet 251 feet  (b) The minimum side yards setback shalll be 16f feet at eache end ofag group oft townhouse units. The maximum! height restrictions forr residential: and other uses within thel PUD: shall be asf follows:  (Zoning Ord. 2003,1 18.1-917.07) Sec. 24-391.1 Maximum! height of! buildings.  181    Page 77of1 147  (1) Single-family dwellings: 351 feet. (2) Two-family dwellings: 40f feet. (3) Townhouses: 451 feet. (5) Other uses: 451 feet. (Zoning Ord. 2003, $1 18.1-917.08) Sec. 24-392. Streets and utilities.  (4) Multifamily dwellings (including condominiums): 80f feet.  Alls streets and utilities withint the PUD: shall meet thef following requirements:  (1) The traffic circulation pattern, the street dimensions, curbs and gutters, ifp provided, and curb cuts shall meet the specifications of the state department oft transportation and 5WPRN Code-ef Virginia, 1950, Code of Virginia. $$33.2-240 and 33.2-241. as amended, and the minimum standards oft thee entrances tos state highways and bea approved! by the resident engineer. The town council may permit private roads designed to adequately handle projeçtedtraffic, as shown by a licensed (2) All dwelling units shall bec connected to water ands ewengyeisaprndey thel healtho department (3) Ifas single-family orat two-family dwelling cannot bec whpaihyaene on-site sewerage system and must maintain a single on-site sewerage system, thelota area requirements of the respective  engineer, and which willl bej perpetually maintained. and shall bec opent toi inspection. (4) All utilities shall beu underground. (Zoning Ord. 2003,91 18.1-917.09) Sec. 24-393. Parking requirements. residential areas and shall be designedto within thel PUD. (Zoning Ord. 2003,91 18.1-917.10) Sec. 24-394.1 Maintenance of opens space. organization shall conform tot thei following requirements:  .  zoning districti in whicht thel PUDi is located shallprevail.  Off-street parking: and loading spaces-shall meetthe requirements set forthi in division 20 of article VIII oft this chapter and section 24-539. Required parking spaces shall be provided within the perimeter oft the PUD: and no farther than 200 feet from the facilitiesserved. Off-street parking and loading areas shall be screened from  theminimum possiblei interference with pedestrian circulation  e  (a) The developer oft the PUD: shall, establisha ai nonprofit association, corporation, trust orf foundation of all individuals or corporations owning property within the PUD to ensure the maintenance of open spaces. Said (1) The developer must establish the organization prior tot thes sale of any loto or property and shall relinquish control ofs said organization when voted upon! by the membershipc of the organization. (2) Membership int the organization shall be mandatory for all property owners, present and future, within the PUD: and said organizations shall not discriminate ini itsi members or shareholders. (3) The organization shall manage all open space, and recreational and cultural facilities, shall provide for thei maintenance, administration: and operation ofs saidl land: andi improvements and shall secure adequate (4) The organization shall conform tot e-Comaomimim-At-seSstm:ss-p.Ptwoghs5-79-8-Enle efVigimia-190Code: of Virginia, title 55.1,ch. 19(Codec of Virginia,$55.1 1-1900ets seq.), asa amended. (b) For all dwelling units within the PUD which are leased, the owners/managers of such units shall be  liability insurance ont thel land and other common: areas.  responsible fors suchi maintenance. (Zoning Ord. 2003,91 18.1-917.11)  182    Page 78 of1 147  Sec. 24-395. Other amenities. recreation: areas, screenings and walks:  In addition to other requirements herein, all PUDs shall meet the following minimum requirements for (1) Tot lots and swimming areas shall be adequately enclosed, and all recreational areas shall bel located Z) Fencing or vegetation screening shall be provided to al height of six feet and ofs such a density that no part oft the development shalll bey visiblet to casual observer ona any side oft the development abutting any yard ofai residential or nonresidential: structure. Provided that where natural features such as topography or natural vegetation are preserved and prevent the development from being casually visible from adjoining properties, thel board ofz zoning: appeals may waive requirements for screening. Fencing, where required, shall ber maintained: inas safe condition, shall be painted, and shall bel kepti ing goodr repair. (3) Commony walks ort trails, either paved or unpaved, ofa a widtho ofa atl least four feet shall be provided ona at least one side ofa alls streets, andy wherever concentrations ofp pedestriant traffic cant bee expected,: as between recreational facilities, walks and trails may bei incorporated into the street curb. Walk grades shall not (a) Planned unit developments shall bee established bys specialu use permiti zoning districts wherel PUDs are (b) The development master plan shall contain the/following data, together with supplementary data fora  away from the concentrations of vehicular traffic.  exceed tenj percent; lights shall be provided tos sufficiently illuminate steps.  (Zoning Ord. 2003, $18.1-917.12) Sec. 24-396.. Application requirements.  permitted." The application for al PUD shall bea accompanied by a development master plan. particular development, as reasonably deemed necessary by the: zoning administrator:  6  (1) Development: sitei information: gridr north. Total area oft the tract. totl thei inch. Floodplain limits. (2) Development designi information:  Vicinity map: ata as scale ofr notl less than oneinchequals 2,000f feet.  Boundary surveyi including: areac ofthet tract relatedt tot true meridian or U.S. Geological Survey State  d. Abutting street names,widths.andr routenumbers. Owners, zoning districtsand usesofeach: adjoining tract.  Topographici mapy withmaximum contour intervals ofi five feet and: a scale of notl less than 1001 feet Aconcept plan, illustrating thel location andi functional relationship between allj proposed land uses. b. Landi use planc or plans showingt thel location: anda arrangement ofa all proposed landu uses; the! building setbacks from the development boundaries and adjacent streets, roads, alleys and ways; the proposed traffic circulation pattern including the location and width of all streets, driveways, walkways ande entrances top parking: areas; and: all off-street parking and loading areas. Ap plans showing thel location and design of alll landscaping and screening. d. Ap planc or statement detailing thee exact number ofi improved, developed: andi recreational opens space, and all covenants, restrictions and conditions pertaining tot thet use, maintenance and operation of common spaces, andt the percentage oft thet tract tob be used: as open space. Whent thec developmenti ist tob bec constructedi inj phases,a aj phasing plan ands schedules shalll bej provided showing the order of development for each phase and the approximate completion date. A cost estimate for: allo on-sitea and off- site publici improvements within each phase shall bes submitted with  183    Page 79of1 147  thes site planf fort that phase.  A plan or report indicating the extent, timing, and estimated cost of all on-site and off-site improvements such as roads, water, sanitary sewer, and drainage facilities necessary to construct the proposed development, said plan or report shall correspond tot the sequence of development Astatements showing thei relationship oft the planned development to the comprehensive plan.  schedule ift the developmenti ist tol bec constructedi inj phases.  Atraffici impact analysis.  (Zoning Ord. 2003,8 18.1-917.13) Sec. 24-397. Procedure.  (a) Applicants are required to meet with the zoning administrator and other qualified officials in a pre- application conference tor review the proposed development master plan and original proposal prior to submittal. Thej purpose of such conference shall be to assist in bringing the application and material submitted therewith as nearly as possible into conformity with these or other regulations applying in the case, and/or to define specific variations from the application oft these regulations which would otherwise apply whichs seem justifiedi in view of (b) Applications for PUD special use permits shall bel heard beyamingeommision pursuant tot the same procedure utilized for other special use permit requests, including procedures adopted to comply with the (c) Ini making ai recommendation on al PUD, the plangingcommision: shall specifically include findings as (1) The suitability of the tract for the general type of PUD proposed in terms of its relation to the comprehensive plan, physical chancteptisofuheland. andi itsrelation tos surrounding area; 3) Thea adequacy ofe evidence onu unified control and suitability of any proposed: agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees or other instruments, or the need for such (4) Specific modifications/fn-PUD orgeneral regulations as applied to the particular case, based on a determination that such modifications are necessary or justified by demonstration that the public purposes of] PUD org general regulationsas applied would bes satisfied to at least an equivalent degreel by (d) Based ons suchi findings, thej planning commission: shall makea a recommendation: ont the: application which recommendation: may include, the: approvalof thel PUD special use permit as proposed, approval conditioned upon (e) On: applications for PUD: special use permits, thet town council shall proceedi ing general as provided for other applications for special use permits, including provisions adopted to comply with the notice provisions of (f) Allt terms, conditions, safeguards, and stipulations made att thet time ofl PUD special use permit approval including the approval oft the development master plan, with or without specified modifications, shall be binding upon the applicant or any successors ini interest. Deviations from approved plans or failure to comply with any requirements, conditions or safeguards shall constitute a violation of these: zoningr regulations. (g) The granting of the PUD special use permit, and the approval of the development, with or without specified modifications, shall not constitute the recording ofa plat, nor shall it authorize thei issuance of building permits. Such action shall be undertaken only after the approval oft thes site plan and thei recording ofa a subdivision  equivalent service oft thej public purposes fors suchi regulation. notice provisions of Code of Virginia, $1 15.2-2204.  to:  Itsr relation toi majori roads, utilities public facilitiesands services; instruments orf for amendméntsin those proposed,and  suchi modifications. stipulated modifications, or disapproval. Code of Virginia, $ 15.2-2204.  plat,i if applicable. (Zoning Ord. 2003,518.1-917.14)  184    Page 80 of1 147  Sec. 24-398.1 Effect of approval.  (a) Once as special use permit approving al PUDI has been granted, modifications or amendments tot thel PUD development master plan may only occur through the amendment of the special use permit in accordance with section 24-38(3) relatedt tos special use permits generally,exceptt that minor deviations fromt the developmenti master plan may be permitted when the zoning administrator determines that such are necessary due tot the requirements oft topography, drainage, structural safety or vehicular circulation, ands such deviations will not materially alter the character of the approved development plani including the proposed development: sequence. In no cases shall such deviations include the addition or elimination of any building shown on the approved development, increase the (b) Once a special use permit approving a PUD has been granted, only the uses permitted as part of the special use permit shalll be: allowed, notwithstanding any other by-right or permitted uses otherwise allowedi int the underlying zoning district. Where conflicts occur between the special provisions herein and general zoning, subdivision or other regulations or requirements, these special regulations shall apply unless expressly prohibited (1) Provisions in this section dor nots serve public purposes toa degree atl least equivalent to general zoning, (2) Actions, designs ors solutions proposed byt the applicant, althoughr notl literallyi in accord witht these special or general regulations, satisfy public purposes toa atl least arfequivalenrdegree.  density ori increase the floor: area.  byt the general law, or unless thet town council shall find, int the particular case that: subdivision or other regulations or requirements; or  /  (Zoning Ord. 2003, $ 18.1-917.15) Secs. 24-399--24-424. Reserved. Sec. 24-425. Definitions.  ARTICLEVIL.A agMpTaA  E    The following words, terms andj phrases, when used imthisarticle/shall have the meanings ascribed tot them int this section, except where the context clearly indicates ac different meaning: AASHTOr means the American Associationo of State Highway and Transportation Officials. Access means top provide vehicular orpedestrian entrance ore exit toap property. Access comectionpoint, means any driveway or.other point of entry and/or exit such as a street, road, or Capacity means the ability of thehighway toj provide service to the volume of vehicles seeking tou uset the highway. Capacity is most often consideredthe maximum amount of traffict that can be accommodated by al highway duringt the peak! hours of demand. Sometimes it referst tot the entire roadway, ands sometimes toa singlel lane. Commercial entrance means ane entrance: serving: all access points other than ani individual private residence. Connection: spacing means the distance between connections, measured from the closest edge of pavement of thei first connectiont tot thec closeste edge ofp pavement oft thes second connection: alongt thee edge oft thet traveledi roadway. Corner clearance means the distance from: ani intersection tot the nearest driveway. Cross access means a service drive providing vehicular access between two or more contiguous sites sot that Designs speedn meanst thei maximums safe speedt that cant ber maintained over as specifieds section of! highway when conditions are so favorable that the design features of the highway govern, as defined in the latest edition of Frontage roadi means aj public or private street orr road: auxiliary toa and normally alongside andj parallel tot the main] highway, constructedi fort the purposes ofr maintaining local road continuity and the controlling of direct access  highway that connects tot the general street system.  Ar residential subdivision entrancei isa ac commercial entrance.  the driver need note enter thej public street system.  AASHTO's. AI Policy on Geometric Design of Highways and Streets. Driveway means an access thati isr nota aj public street, road, orl highway. tot the main highway while providing access top private properties.  185    Page 81 of1 147  Functional classification: means classification: systemt that definesa aj public roadway accordingt toits purposes Interchange means aj portion of roadway that provides vehicular access from one road to another. Lane means thej portion ofar roadway for the movement ofas singlel line of vehicles." The term' "lane" does not Median means that portion ofahighway separating the opposing traffic flows. Outparcel means aj parcel of land abutting and external tot the larger, main parcel, whichi is under the same Service roadi means aj public orp private street or road, auxiliary toa andi normally located parallel toad controlled access facility that maintains local road continuity andj provides access toj parcels adjacent tot thec controlled: access Shared access means ac driveway connecting two or more contiguous sites tot thej publics street system. Sight distance means the distance visiblet tot the drivero ofay vehicle measured: alongt the normal travel path ofa roadway from designated location and toa a specified! height abovet ther roadway when the view is unobstructedl by traffic. For crossovers: and commercial entrances, sight distancei ist the distancemeasured between thel height oft the driver's eye (3.51 feet) and thel height of an object (4.25 feet) without horizontal or vertical obstruction tot thel line of Stopping sight distance means the distance required by a driver ofa vehiçle, trayeling at a given speed, to bring the vehicle to a stop after an object on the roadway becomes.visible. Thèterm stopping sight distance" includes the distance traveled during driver perception: andreactiontimeand the vehicle braking distance. Stub roadi means aj portion ofs street orr right-of-way access driveused: as'an extension to an abutting property Tripi means as single or one-direction" smpensclsy.e origin ort the destinationi insidea a study area. A vehiclel leaving thel highway ande enteringaproperty) is'onet trip. Later when the vehicle leaves the property Turn lane means an: auxiliary lanet that provides deceleration, sotl that disruption tot throught traffici isr minimized, The intent of this article is to encourage well- planned, high-density development, to provide and manage access to development while preserving the flow of traffic and to ensure adequate infrastructure in the Ambriar area. Major thoroughfares, including highways and other arterials, serve: ast thej primary network for moving people and goods. These transportation corridors also provide accesst tol businesses andl homes andl have serveda ast thef focus ford commercial: andi residential development. Access systems must bep properly designedt toa accommodate the: access  and hierarchyi int the statel highway system. include the gutter ors shoulder oft thei roadway. ownership: andl has roadway frontage. facility. (Reference. Frontage road.)  sight.  that may be developed in the future. andi reenters thel highway, itisa as second trip. (Zoning Ord. 2003,1 18.1-922.03) Sec. 24-426. Purpose.  and provides adequate storage outside oft thethrough lane which the turn is beingr made.  needs of development whiler retaining the transportation: function.  (Zoning Ord. 2003,81 18.1-922.01) Sec. 24427.Applicability. (Zoning Ord. 2003, $1 18.1-922.02) Sec. 24-428. Variance.  The provisions oft this article shall apply to all property that accesses the Ambriar corridor. The Ambriar corridori is defined: ast that portion of S.I Main Street from' Waugh's Ferry Roads south to thet town corporate limits. (a) Thel board of zoning appeals may authorize a variance tot the application of these access standards and regulations. The granting ofa a variation shall bei in: accordance with the purpose andi intent oft these standards and regulations ands shall not be consideredi until every feasible option for meeting access standardsi ise explored. (b) Applicants for a variance from these standards andi regulations must provide proof oft unique or special  186    Page 82 of1 147  conditions that the strict application oft the provisions would deny all reasonable access; endanger public health, welfare or safety; or cause ane exceptional and undue hardship on the applicant, as distinguished from a special  privilege or convenience sought by the: applicant. This shalli include proof that: (1) Indirect or restricted access cannot! bec obtained.  No engineering or construction solutions can! be appliedt tor mitigate the condition. No alternative access is available from a street with a lower functional classification than the primary  roadway. (Zoning Ord. 2003,8 18.1-922.04)  Sec. 24-429.4 Access connection: and driveway design. (a) Driveway width shall meet the following guidelines: (2) For two-way access, eachl lane shalll have a width of 121 feet.  (1) Ifthe driveway isa a one-way inc ord one-way out drive, then the driveway shalll be ar minimum width of 14 feet of pavement ands shalll have: appropriate signage designating the driveway as a one-way connection. (b) Driveway grades, turnout radii, approaches, andl lengths shalle conformto.VDOTS: standards.  [GRAPHIC-Figure 24-429. Throat Length Illustrâtion] Table 24-429. Throat Length Measurements  Land Use  Driveway Length (inf feet)  Any major entrance toad development with 40 or moretotall lanes 300or greater, based ont traffic study  int the driveway. Typically, malls and" "super" retail centers. Regional shopping centers (over 150,000s squarefeet) Community shopping center (Supermarket, drugs store, etc.) Small Strip Shopping Center - Smaller Commercial pumps)  250 150 50 30  gas  *Source: Vergil Stover unpublished courser notes    (1) Driveway approaches: must be designed and located top provide ane exiting vehicle with an unobstructed view. Construction of driveways along acceleration or deceleration! lanes andt tapersi is prohibited. 2) Driveways shall have sufficient length and size for all vehicular queuing, stacking, maneuvering, standing, andj parkingt tol bec carried out completely beyondt the right of wayl line. Thel lengthof driveways, or throat length, shall be designed in accordance with table 24-429. These measures generally are acceptable for the principal access to a property and are not intended for any minor supplemental 3) Where a sitei ist being redeveloped on as small property with nor reasonable alternative access, iti may be difficult tos get these driveway lengths. Int these cases, the driveway may bep positioned tot take advantage (4) Driveways that enter thei majort thoroughfare. att traffic signals must have at least two outbound lanes (one fore eacht turning direction)ofa atl least 121 feet widtha and onei inbound lane with 141 feet widtho ofp pavement.  driveways tot that same property. oft the on-sitel location with thei most depth.  (Zoning Ord. 2003,81 18.1-922.05)  187    Page 83of1 147  Sec. 24-430.1 Requirements for outparcels and phased development plans.  (a) Int the interest of promoting unified access and circulation systems, development sites under the same ownershipor consolidated: for the purposes of development and comprised of more than one building site shall not be considered separate lots for the purpose of the application of access standards and regulations. The number of connections permitteds shalll bet the minimum number necessary top provide adequate access tot these properties, not the maximum: available fort that frontage. This shall also apply to phased development plans. The owner and all lessees within thea affected area arer responsible for compliance with thei requirements oft these access standards and (b) All access to outparcels must be internalized using the shared circulation system of the principal development or retail center. This access shalll be designedt to avoid excessivei movement across parking aisles and  regulations.  queuing across surrounding parking and driving aisles. (Zoning Ord. 2003,81 18.1-922.06) Sec. 24-431. Subdivision ofl land.  Eachl lots shall be entitled one drivewaylcomnection; per parcel as of right ons said public thoroughfares. When subsequently subdivided, access to all newly created lots shall be provided-via the permitted access connection. This may bea achieved through subdivision roads, shared: and cross accesses, ands service drivesi installed as per this (1) Parcels in existence as of January 1, 2008, with froptages that exceed minimum driveway spacing requirements ass showni int thec driveway and corner clearancespacing: sectionmay bep permitted additional (2) Existing parcels with frontage lesst than,theminimum connection spacing for that corridor may not be permitted a direct connection tot the thoroughfare under this'article where the planning commission  article.  access connections. determines alternative: could allow for at adjacent properties (Zoning Ord. 2003,1 18.1-922.07) Sec. 24-432. Shared and  [GRAPHIC-Figure: 24-432.Cross Access Types]  the site. For example, the planning commission stipulationt thatj joint and cross access be established: as  (a) Adjacent commercial or office properties classified as major traffic generators (i.e., shopping center, office parks) shallj provide cross access.pedestrian' access andl bicycle access toa allow circulation between sites. (b) A system of shared use driveways and cross access easements as shown in figure 24-432 shall be IGRAPHIC-Figure 24-432. Shared and Cross Access llustration (1) A continuous service drive or cross access extending the entire length of eachl block servedt to provide for driveway separation consistent witht the access classification: system: and standards. 2) Ad design speed of teni miles per hour (mph) and sufficient widtht toa accommodate two-way travel aisles designedt toa accommodate: automobiles, service vehicles, andl loading vehicles. (3) Stubi roads and other design features tor makei it visually obvious that the abutting properties may bet tied (4) A unified access and circulation system plan that includes coordinated or shared parking areas is (c) Pursuant tot this article, thec owners shall record: ane easementy with thec deed, inai form approvedbyt the town attorney, allowing cross access toa andi from other properties served! by the sharedi use driveways and cross access or (d) Shared parking areas shall be permitted ai reduction ini required parking spaces if peak demand periods    established whereveri feasible and thel building site shalli incorporate the following:  int toj provide cross access via as service drive.  encouraged. service drives.  188    Page 840 of1 147  forp proposed land uses dor not occur att thes same time periods. impractical, provided all oft thei following requirements are met:  (e) The planning commission may reduce required separation distance of access points where they prove (1) Joint access driveways and cross access easements are provided wherever feasible in accordance with The site plani incorporates au unified access and circulation systemi ina accordance with this article. (3) The property owner shall enter a written agreement with thet town, recorded inc deed ina a form: acceptable to the town attorney, that pre-existing connections on the site will be closed and eliminated after (f) The planning commission: may modify or waive the requirements oft this article during the site plan or subdivisioni review process where the characteristics orl layout of abutting properties wouldi make development ofa  this article.  construction ofe each side oft thej joint use driveway. unified ors shared access and circulation systemi impractical.  (Zoning Ord. 2003, $1 18.1-922.08) Sec. 24-433. Interchange. areas. (Zoning Ord. 2003, $1 18.1-922.09)  The distance tot the first connection ofa ani interchange shalll be: atl least 6601 feet wheret the posteds speed limiti is greater than 45r miles per hour (mph) or 4401 feet where thep posteds speed1 limit is45r mphor less." This distance shall  ber measuredi from thee end oft the taper for that quadrant oft thei interchange. Sec. 24-434.Access standards; driveway and corner clearances spacing.  (a) All access connections on roadway segments shall maintaina 440-foot separation from any other driveway ori intersection where the posted speedl limiti is-above45 miles per hour (mph), anda2 245-foot separation from: any other driveway ori intersection where theposted speed limiti is 45miles per hour (mph) or below with the exception of access connections for single-family residential ànd agricultural land usest tot the extent] possible. (b) Driveway spacing shall bei measured fromthe closestedge of thej pavement tot the next closest edge of (C) Additional access connections may beallowed wheret thej property owner cand demonstrate upon review ofatraffici impact analysis oft theproposed connections submitted by the applicant thats safety ande efficiency oft travel (d) If the access connection spacing standards listed above cannot be achieved, the planning commission (1) Shared access driveways and cross access easements are provided wherever feasible ina accordance with (2) The connection does not create a safety or operational problem upon review of a site-specific traffic impact analysis of the proposed connection prepared by a licensed engineer and submitted by the (3) At ani intersection, where no other access tot the property is available and shared access driveways and cross access easements are not feasible, the planning commission may allow construction of an: access connection along the property line farthest from thei intersection. Ins such cases, directional connections Corner clearancei for connections shalll ber measured fromt thec closest edge of pavement oft thei intersection tot ther next closeste edge of pavement oft the first access pointi from thei intersection (see figure 24-434). GRAPHIC-Figure: 24-434. Measurement: Details for Corner Clearance and. Access Spacing] (f) Corner clearance for connections shall meet or exceed the minimum connection: spacing requirements  the pavement (see figure 24-4341 for points ofi measurements).  ont thet thoroughfare willl bei improved by providingmore than one access tot thes site. may reduce required separation distancesofa açcess points, provided that:  these regulations; applicant; or  (i.e., righti in/out) may bei required.  fort that roadway.  189    Page 850 of1 147  (g) New connections shall not be permitted withint the functional area of ani intersection ori interchange as (2) The planning commission determines that the connection does not create a safety ord operational problem upon review ofas site-specific study oft the proposed connection prepared by a registered engineer and (h) Where no other alternatives exist, the planning commission may allow construction of an access connection: along the property line farthest from thei intersection. Ins such cases, directional connections (i.e., right () In addition to the required minimum lot size, all corner lots shall be of adequate size to provide for The minimum! lot width for all parcels with frontage on South] Main Sueetshall not bel less than the minimum connection: spacing standards oft that thoroughfare, except as otherwise providedi int this article. Flag lots shall not bep permitted direct access tot the thoroughfare andi interior parcels shallbe requiredtoobtain: access viaap public or (1) Existing parcels with frontage less than the minimum commectionspacingi forthat corridor may not be permitted a direct connection to the thoroughfaeunder thisarticle where the planning commission determines alternativei reasonable access is available tot thesite. For example, the planning commission could allow for a temporary driveway as providedi in the access standards section with the stipulation Additional access connections may be/allowed where-thep property owner demonstrates that safety and efficiency oft travel ont the horoughfarewill bei improyed by providing more than one access tot thes site. (a) Keyl locations within thet traffici impact overlay-havel beeni identified for the futurei installation oft traffic calming devices, preferably roindabouts,Thei intersections targeted fort these devices are at South Main Street and Lancer Lane, Southl Main! Street andthe.s. Route291 Bypass ramps, and Southl Main Street andt the northern most entrance to the. Ambriar Shopping Center. There shall be a 200-feet-in-diameter limit of use designation that is (b) Priort tot thec construction of parking or any other accessory uses within thel limits of use area, the applicant must demonstrate that the accessory use or parking required by this chapter couldr not! be adequately accommodated elsewhere on thep property. Execution ofas sharedp parking agreement per thez zoning ordinance may be used tos satisfy (c) In the event that VDOT determines that all or a portion of said area is required for public road improvements and thus initiates the process of acquiring the necessary right of way, the property owner shall be responsible for relocating: any parking or other accessory usei installed within the designated limits of use area. The relocation ofs such uses shall occur att the owner's expense. Any costs associated with design and reconstruction of thel limits oft use: areai forp purposes of public roadi improvements (toi includer removal ofe existing accessory uses): shall (d) The limits of use area shall be marked on any applicable site plan submitted to the town planning  defined by the connection: spacing standards oft this chapter, unless: (1) No other reasonable access tot the property is available; and  submitted by the applicant.  in/out, righti in only, or right out only) may ber required. required front yards setbacks and corner clearance ons street frontage.  (Zoning Ord. 2003, $1 18.1-922.10) Sec. 24-435. Minimumi frontage.  private access roadi ina accordance with ther requirements oft this articlé.  thatj joint and cross access bee e  (Zoning Ord. 2003, $1 18.1-922.11) Sec. 24-436. Limits of use designation.  /  measured: from the center point (see figure/24-436) oft thei intersections listeda above.  [GRAPHIC-Figure 24-436. Limits of Usel Diagram]  the zoning ordinance parking requirements.  bet thei responsibility of VDOT. commission: fori review. (Zoning Ord. 2003, $1 18.1-922.12)  190    Page 860 of1 147  Sec. 24-437. Pedestrian accommodations.  (a) Bicycle andj pedestrian ways shall be establishedi ini new construction and reconstruction; projects along (1) Bicyclists and pedestrians are prohibited! byl law from using thei roadway. Int thisi instance, a greatere effort mayl ber necessaryt toa accommodate bicyclists andj pedestrians elsewhere within the right of way or within (2) The cost of establishing bikeways or walkways would be excessively disproportionate to the need or probable use. Excessively disproportionate is defined as exceeding 20 percent of the cost oft the larger (b) Bicycle: and pedestriani facilities shalll bep provided on any new orr reconstructed: streetsi ina accordancer with (c) Bicycler racks shalll bel locatedi inc convenient, visible, well-lita areas, withe easy access, near main entrances. The racks should not interfere with pedestrian traffic and should be protected from potential damage by motor vehicles. They may be located within the public right-of-way with town and VDOT approval. The following (1) All vehicle parking facilities containing less than ten parkingspaces shall provide one bicycler rack with (2) For vehicle parking facilities containing more than ten parking spaces the applicant shall provide one bicycle rack withi nol less than fours spaces plust twol bicycle parking spacesf fore each additional tenp parking spaces int thel lot. However, noi moret than 201 biçyele parkingspaces: shail bei required ina any one parking (d) Bicycle and pedestrian facilities shall bec designed with security considerations including street lighting, bushes no greater than two feet inl height, and tree-branches no lower than six feet in height. To provide clear visibility of pedestrians approaching memesinawas-et. the approaches to and: all street corners should be well-illuminated. All intersection lighting should illuminate the crossing and waiting areas and/or create (f) A sidewalk shall be provided between-all new building entrances and all streets adjacent to the development site. The sidewalkshall providea direct connection to existing public right-of-way and public (g) As sidewalk shall be providedbetween: any new building entrance and: all other new or existing! building entrances on the same development site. Entrances used for loading and unloading freight are not subject to this standard. Internal pedestrian paths providedi in conformance with this subsection shall provide weather protection (h) A sidewalk shall bej providedi immediately adjacent tot the exterior wall ofar new building greater than 1001 feeti inl length when thev wall is located next to a street or parking lot. A pedestrian path shall also bep provided along the entire length of the wall when the public entrance is located in that area. Exceptions to this standard (1) Ift the edge oft the building is within 201 feet ofa a public sidewalk and thel building entrancei is connected (2) Ifthee edge oft thel buildingi isb borderedb by aj perimeter ofl landscaping that does note exceed 30f feeti in width and and on-site pedestrian facility is constructed: att the edge oft the landscaped area. (i) A2 20-foot-widel bicycle/pedestrian easement shalll bep provided too connect cul- de-sacs, ort to pass through Where needed for purposes oft traffics safety ora access ton nearby schools, playgrounds, public parks, trails, shopping facilities, or other community facilities, new developments may ber required to dedicate aj public righto of  South Main Street unless one orr more oft these conditions: arei met:  thes same transportation corridor. transportation project. VDOTI regulations. requirements shall also: apply: nol less than four spaces. facility.  backlighting tor make thep pedestrians silhouette clearly visible ont the approach. (e) Pedestriani facilities shalli include shadet treeslwherepossible.  sidewalks ort transit stops.  features such as awnings or arcades within 30f feet of allo customer entrances.  include:  tot the public sidewalk by an on-s site pedestrian facility.  blocksi ine excess of6 660f feet.  way for bicycles andj pedestrians, notl less than 20f feeti in width.  191    Page 87of1 147  (k) Pedestrian access points at property edges and to adjacent lots shall be coordinated with existing (I) All on-site pedestrian walkways locatedi inv vehicle use: areas shalll bec distinguishedi from driving surfaces throught the use ofc durable, low maintenance smooth surface materials toe enhance pedestrian safety and comfort, as  development top provide pedestrian circulation! between developments.  well: ast the attractiveness oft the walkways. (Zoning Ord. 2003,81 18.1-922.13) Sec. 24-438. Connectivity.  (a) The street system ofap proposed subdivision: shall bec designed to coordinate with existing, proposed, and (b) Wherever aj proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided, as deemed necessary by the town, to provide access to abutting properties ort tol logically extend the street systemi into thes surrounding area. The restoration and extension of the  planned streets outside oft thes subdivision: as providedi int this article. street shall be thet responsibility of anyf future developer oft the abutting land.  (Zoning Ord. 2003,81 18.1-922.14) Sec. 24-439. Nonconforming access features. undert the following conditions:  (a) Permitted access connections inj place as of January 1, 2008, that-domot.conform with the standards hereins shalll be designated: asr nonconforming: features and shallb bel broughti intoc compliance with applicable standards  (1) Whenr new: access connection permits are requesied; (2) Increasei int trips generation of 100orr morea additionalpeakh changei inu use; or (3) Asi roadwayi improvements allow. (b) If the  tor new building construction or  5  -  principal activity on a property with noncontorming access features is discontinued for a  consecutive period of two years or discontinuedi forany period of time without aj presenti intention ofr resumingt that activity, then that property must thereaftér be broughtinto conformity with all applicable connection: spacing and design requirements, unless otherwise exempted by the permitting authority. If the activity is discontinued and renewed witha ac different activity, property mustproyidea atraffici impact: analysist tos show that ther new: activity  willi noti increase the number (Zoning Ord. 2003, $1 18.1-922.15) information! listed below for:  Sec. 24-440. Site planlsubdivision; planreviews standards.    (a) In addition to the existing town site plan and subdivision plat review, applicants shall submit the (1) Location of allp properties' access point on both sides oft thei road where applicable. (2) Location of allp proposed and existing access points for thes site. (3) Plat maps showing property lines, right-of-way, and ownership of abutting properties. (4) Distances to neighboring existing exit/entrance points, median openings, traffic signals, intersections, and other transportation features on bothe exit/entrance: sides oft thej property. (5) Number and direction ofl lanes tob bec constructed: fort the driveway. (6) All planned transportation: features (such asa auxiliary lanes, signals, etc.). (7) Pedestrian: and bicycle accommodations. (8) Trips generation data ora appropriate traffici impact studies. (9) Parking: andi internal circulation plans. (10) Location ofl limits of usel boundaries when applicable.  192    Page 88 of1 147  (11) A detailed description of any requested variance andt the reasont the variancei is requested. (b) The town reserves the right tor require traffic and safety analysis wheres safetyi is or may be ani issue or  wheres significant problems already exist. (Refert tos section 24-42.)  (Zoning Ord. 2003,1 18.1-922.16) (Adopted June1,2008) Secs. 24-441--24-463. Reserved.  ARTICLEVIILSIILSUPPLEMENTALZONING REGULATIONS  DIVISION: .GENERALLY Minimum. Lot Area (sq. feet.) 217,800 217,800 217,800 15,000  Sec. 24-464.1 Minimum! lot area and loty width. District Public Utilities A-1 Single-family Semi-detached Two-family Multifamily Manufacturedl home R-1 Single-f -family Semi-detached Two-family Multifamily Manufactured! home R-2 Single-family Semi- detached Two-family Multifamily Manufacturedl home T-1 Single-family Semi-detached Two-family Multifamily Manufactured! home Properties int the defined traffici impact overlay district R-3 Single-family  Minimum. Lot Width( (.) Lot  Water and Sewer Water None Interior Corner Lot  Only 217,800 217,800 200 217,800 217,800 200 217,800 217,800 200 20,000 43,560 100  250 250 250 120  10,000 6,000 12,000 10,000 6,000 12,000  15,000 43,560 80 11,500 43,560 50 23,000 43,560 80 15,000 43,560 80 11,500 43,560 50 23,000 43,560 80  100 50 100 100 50 100  4401 feet when the posted speedl limit is over 45 mph; 245 feety when the posted speedl limit is 451 mph or less  7,500  15,000 43,560 75  100  193    Page 89 of1 147 50 100 120 100 50 100 100 100 50 100 120 100 100 50 100 120 100 100 50 100 120 100  Semi-detached Two-family Multifamily Manufactured! home R-4 Single-family Semi-detached Two-family Multifamily Manufacturedl home B-1 Single-family Semi-detached Two-family Multifamily Manufactured: home CBD Single-family Semi-detached Two-family Multifamily Manufactured! home B-2 Single-family Semi-detached Two-family Multifamily Manufactured home Properties int the definedt traffici impact overlay district  6,000 9,500 16,000+ 4,000p per each unit over 2 10,000 6,000 12,000 10,000 7,500 6,000 9,500 16,000+ 4,000 per each unit over 2 7,500 7,500 6,000 9,500 16,000+ 4,000per each-unit over2 7,500 7,500 6,000 9,500 16,000+ 4,000 per each) unit over 2 7,500  11,500 43,560 50 20,000 43,560 80 15,000 43,560 80 11,500 43,560 50 23,000 43,560 80 15,000 43,560 80 15,000 43,560 75 11,500 43,560 50 20,000 43,560 80 15,000 43,560 75 15,000 43,560 75 11,500 43,560 50 20,000 43,560 80 15,000 43,560 75 15,000 43,560 75 11,500 43,560 50 20,000 43,560 80 15,000 43,560 75  100  100  100  100  4401 feet whent the posted speedl limiti is over 451 mph, 245 feet whent thej posted speedl limiti is 451 mphor less.  (1) Int the measurement ofl lot width, the fronts shalll be deemed tol bet thes shorter oft thet twos sides ofa a corner lot facing streets. Note: Lot area and width requirements fort townhouses arel locatedi in section 24-477. (2) Area requirements in this section are subject to the approval of the health department, and in special  Thel E-1 andI M-1 Districts doi not allow residential development. circumstances larger lot: areas may ber required by thel health department.  (Zoning Ord. 2003,$18.1-801)  194    Page 90of1 147  (Amended ne 1,2008) Sec. 24-465. Maximum! loto coverage. requirements:  (a) Agricultural uses. The maximum lot coverage for agricultural uses shall adhere to the following  District A-1 Agricultural  Maximum Lot Coverage (96) 25  (b) Residential uses.  (1) The maximum lot coverage: fori residential uses shall adhere to the following requirements:  District  Maximum Lot Coverage (%6) 25 35 35 40 40  R-1 Limited Residential R-2 General Residential: Single- and' Two-Family T-1 Transitional Use Zone R-3Multifamily R-41 Manufactured Home  (2) Does not apply tol lots ofr record as (c) Commercial, industrial and other and other uses, except as provided. hereini commission and/or board of appeals. (Zoning Ord. 2003,1 18.1-802) Sec. 24-466. Maximum!  nomaximum lot coverage for commercial, industrial and/or asi may be required by the town council,  -  Nol building shalll hereafter be erected, constructed or altered so as to exceed thel height limit specifiedi int the regulations hereini for the districti in whichi itisl located. Except asp provided! herein, the maximum! height restrictions (1) Nob building shalll hereafter bee erécted, constructed or altered soa ast toe exceed thel heightl limits specifiedi in Except as provided herein, the maximum height restrictions for residential and other uses within the  9  and other uses within the districts shalll beas follows:  ther regulations herein for the districti in whichi iti is located.  districts shalll bea as follows: District A-1 Agricultural R-1 Limited Residential R-2 General Residential T-17 Transitional Use Zone R-31 High Density Residential  Residential Uses Single- Two- Family Family 40' 40' 35' 40' 35' 40' 40' 40' 35' 40'  Other Uses 65' 60' 60' 60' 60  195    Page 91 of1 147 60' 60' 80' 80' 80 80  R-41 Manufactured: Home B-1 Light Commercial CBDC Central Business District B-2 General Commercial E-11 Business Park M-1 Industrial  35' n/a n/a n/a n/a n/a  40' n/a n/a n/a n/a n/a  (2) The method determining the height ofab building or signi is described ins section 24-2. (3) Chimneys, water and fire towers, church spires, domes, cupolas, cooling towers, roof signs, elevator bulkheads, smokestacks, flag poles, silos, granaries, windmills, oil derricks and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established except for those structures exceeding 200 feeti in! height, where prior written approval from the Federal Aviation. Administration: is necessary. Wireless communication; fadilities, including: antennas andt towers,  ares subject the requirements ofa article. XI oft this chapter.  (Zoning Ord. 2003, $1 18.1-803) Sec. 24-467. Minimum yardi requirements.  (a) Withint the district herein defined, the following minimumy yardn requirementss shall apply:  -  Front Comer pOther Rear Yard Yard Lot Lots Setback  Setback 50 60' 50 50' 30' 30' 50' None 50' 50' 50'  A-1 Agricultural R-11 Limited Residential R-2 General Residential T-1 Transitiomal-lk-Zonel R-31 High] Density Res. R-41 Manufactured: Home B-1 Light Commercial CBD Central Business District B-2 General Commercial E-1 Business Park M-1 Industrial  15' 15' 20' 15' 15' 10' (b) (b) 15' 15' 15' 15' (c) (c) (c) (c) (c) (c) (c) (c) (c) ()  25' 35' 35' 35' 35' 35' (c) (c) (c) (c) (c)  (b) The minimum: side yard shall be 151 feet on corner lots and ten feet on other lots, except that no building (c) No minimum requirement except that no building or structure shall be erected within 25 feet ofa (d) The front yard setback requirement for any loti int the A-1 Agricultural District, R-11 Limited Residential District, R-2 General Residential District, R-3 High-Density Residential District, or R-4 Manufactured Home District shalll ber reduced when: 50p percent orr morec oft thel building lots ont the same: side oft the street within the same block arei improved with buildings, and nol building on that same side oft thes street within the same block shall be  ors structure shall bee erected within 251 feet ofar residentially zoned lot.  residentially zoned lot.  196    Page 92of1 147  required tol have a front yard setback greater than the average front yards setback oft the existing buildings on the same side oft the street. However, when there are buildings on the lots on both sides of the lot, the required front yard setback for that lot shall not be greater than the average of the front yard setbacks oft the buildings ons such adjacent lots." The sideline ofab building on a corner lot shall not! be ai factor int these calculations.. Fort thep purposes oft this section, thet term "block" shall bec defined as the: areal between the next adjacent streeti intersection or5 500feet oft thel loti inc question, whicheveri isl less, on! both sides of the loti in question. Ap property owner shalll bei responsible for providing the appropriate documentation to support the reduction in front yard setback requirement prior to  issuance ofa az zoning certificate. (Zoning Ord. 2003, $18.1-804) (Amendeds Sepemk-2,0PamiFeay18.39H4) Sec. 24-468.. Adjustments tor minimum yardi requirements.  Note--Refer tos section? 24-11(b)(2) for language regarding setback requirements for destroyed buildings.  Whenever there shall be plansi ine existence, surveyed and: approved! by either thes state department ofl highways and transportation orl by thet town council, upon recommendation oft the commission, may require additional front, side or rear yards setbacks for any new construction orf fora any structures: alteredo orr remodeled: adjacentt to the future plannedr right-of-wayi ino order topreservea andj protectt ther right-of-wayf fofauchproposeistet. or highway widening.  (Zoning Ord. 2003,1 18.1-805) Sec. 24-469. Screening and landscaping ofi industrial Ani industrial use shall be permanently screened evergreen hedge and/or other suitable enclosure of property line. (Zoning Ord. 200,5181-707.1.0) Sec. 24-470. Control of vision clearance.  districts by a wall, fence, at the original elevation of the  - 5  No shrubs, plants, hedges, fence, walli marquee, orother obstruction, except vehicles lawfully parked, located ont thei reale estate owned by any landowneror occupied! by-anyténant, shall obscuret the vision of operators ofr motor vehicles utilizing ani intersection. Noneoft heaboveobstnuyçtions, obscuring vision, shall exceed21 1/21 feeti in! height abovet the extended plane oft thenearestedge ofthel hard's surface or gravel surface, of the street or road nearest to  the obstruction. at thei intersection ofas street, road,or railroad line. (Zoning Ord. 2003,8 18.1-604) Sec. 24-471. Minimum distancel between.buildings- (Zoning Ord. 2003,1 18.1-605) Sec. 24-472.. Accessory and temporary buildings. structures remain secondary ini function tot thei main! building.  The minimum distancel between buildings shall be: as required by the uniform statewidel building code. (a) Intent. Special requirements are designed for accessory and temporary buildings to ensure ample access for emergency vehicles, maintain the effectiveness of rear and side yard requirements and ensure accessory (b) Accessory buildings. Thel location of accessory buildings and uses inr residential districts must meett the (1) Where an accessory building is attached to the main building, a substantial part of one wall oft the accessory building shall be an integral part of the main building or such accessory building shall be attached to thei main building ina a substantial manner by a roof, and therefore such attached accessory building shall comply ina alli respects with the requirements applicable to the main building. (2) A detached accessory building shall not be closer than 15 feet to the main building or rear lot line. Accessory building shall not be closer toa al lot line thant the setback line for side yards fort the districti in  following restrictions:  197    Page 93of1 147  whicht thel loti isl located.. Additionally, nob building housing livestock shall be placed within 2001 feet ofa (3) Ac detached: accessory! building, notr morei thant twos storiesi ink height, mayb be constructed oni noti more than (5) Radio andt television antennas, satellite dishes witha a dish area larger than fours square feet, solar panels, windmills ands similar accessory uses shalll be permitted as accessory uses, provided they conform toa all appropriate yard and heightr requirements for the districti iny whicht thel loti is located. Thei installation ofa satellite disha antenna shalll be permittedi in accordance witht the uniform statewidel building code. (C) Temporary buildings. Temporary buildings may be permitted in any district when used in conjunction with the construction" work only but shalll ber removedi immediately upon completion of construction. (a) Intent. Special requirements arei imposed on: automobile: services stations because oft thej potential dangers and nuisances caused by hight traffic volume, repair of machinery and flammable products. (b) Location. Thel building and service area (toi include all upomtivemaintemaee, cleaning and pumping of gasoline) shalli noth bey within 100f feet ofa any residentiall loto or anyproperty containing: aschool, public playground, church, hospital, publicl library ori institutioni for children or dependents. (C) Site requirements. An automobile service station shall havea minimum frontage of 120 feet and minimum: area of 12,000s square feet. All buildings shall béset back 40feetfrom thei right-of-way! line of any road ors street right-of-way lines.. All canopies shalll bes set back 25feet from all roadors street right-of-way lines. (d) Access tos site. All ingress and egress (o and-from.public streets and alleys at the automobile service station shall meet thes specifications of PaRgp3H-19Sa-CaiesfVigni 1950 Code of Virginia, $33.2- 241, as amended, and the minimum standards ofentrances tos state highways and be approved by the resident (e) Gasoline pumpi islands. Allg gasoline pumpi islandsshall bes set! back atl least 251 feet from thei road ors street right-of-way line. Where pumpi islands are constructed; perpendicular tot thei right-of-way! line, thej pumpi islands shall (f) Off-street parking. Ar minimum ofi four off-street parking spaces are required witha ana additional off-street (g) Other site improvements. In addition to the above requirements, the following additional site (I) Exteriorl lighting shall be arranged sot that itis deflected away from: adjacent properties. (2) All drives, parking, traffica and storage: and service areass shalll bes surface treated, blacktop or concrete. (a) Intent. Itisr recognized that! home occupations providey valuables services whilep providingi income fort town residents. The regulations in this section seek to prevent conflict of the home occupation with the surrounding residential areas andt toe ensure thatt thel home occupation: maintains as secondary posture tot ther main residential use. (b) General requirements. Home occupations meeting the following general requirements shall be: allowed (1) The operator must bet the owner oft the property on whicht thel home occupationi is tol bel located or must have written approval oft the owner oft the property ifthe applicanti isat tenant. (2) Thel home occupation shall be operated only byt the members oft the family residing ont the premises and no article or service shall be sold nor offered for sale except as may be made by members of the  lotl linel located within ora abutting any residential or business district. (4) No detached accessory building may bel locatedi int thei front yardo ofalot.  30p percent oft ther rear yard.  (Zoning Ord. 2003, $18.1-901) Sec. 24-473.. Automobile: services stations.  engineer prior tot the: approval oft thes site plan.  bes set back atl least 301 feet fromthe roadors streetr right-of-way line. parking spacet fore each: automobile serviceb bay. improvements shall ber required: (Zoning Ord. 2003, $1 18.1-902) Sec. 24-474.1 Home occupations.  as accessory uses ina alli residences:  198    Page 94of1 147  immediate: family residing ont thep premises.  (3) The home occupation shall not generate excessive traffic nor produce obnoxious odors, glare, noise, vibration, electrical disturbance, radio activity or other conditions detrimental to the character of the (1) The home occupation within the main building shall not occupy more than 25 percent, or 500 square (2) AI home occupation may be locatedi in an accessory building tot the main dwelling that is nol larger than one-third area size oft the main dwelling, locatedi int ther reary yard, andi meeting allr requirements ins section (d) Expiration. A: zoning certificatei forl home occupations shall expire under the following conditions: (1) Whenever the operator ceases to occupy the premises for which thel home occupation certificate was issued, and nos subsequent occupant ofs such] premises shall engagei in any home occupation untill hes shall 2) Whenever the holder of such a certificate fails to exercise thesame for any period of 12 consecutive  surrounding area. (c) Special requirements.  feet, whicheveri is smaller, oft the floor: area within thei main building.  24-472.  haveb beeni issued ai new certificate after proper application.  months. (Zoning Ord. 2003,1 18.1-905) Sec. 24-475.1 Multifamily developments. All multifamily, herein defined as three or more and character, regardless oft thet type of ownership. minimumi requirements for utilities andstreets:  in one building, shall meet the  following special requirements. These requirements shall apply toà ànystructure of similar use, physical structure (1) Multifamily development utilities andstreets. All multifamily developments shall meet the following a. All units shalll be connectedto water.and sewage systems that are constructed: in accordance with the specifications oft thetown councilafter recommendation by thet town planning commission. and taking into consideration-the requirements of the state health department, the statewide building b. All units shall'l have such_fire protection systems and fixtures constructed: in accordance with the specifications of town-council, after recommendation of the town planning commission, upon takingi into considerationther requirements oft thes statewidel building code: andt thel health, safety, and Alli roade emrancepwingls.away. shalll be constructedi in accordance withs state department of transportation standards, except that the planning commission shall have the authority to relieve specific requirements for any good cause which shall not involve cost Allt tits shall be connected tev water ands sewerage systems appreved! by the! healthe department and Thes sites storme dranagesystem shalle draint tei any existing naturale draimage-system- Ons site retention stormwaters is encouraged providedt that itisine compliance with requirements efsectien 15.1- 867of the Code of Virginia, 1950, as amended, and the sediment basin design standards-ef the Eresion and Sediment Contrel Handboek. Alls storm drainage facilities shall meett the requirements eft thel healthe department. Curbs and gutters,  previded, ande eurbe euts shall meett thes specifications fparagraph 33.1-198 of the Cede ef Virginia, 1950, as amended, and thel Minimum: Standards-ef Entranees-tes Statel Highways-and be-approvedby thet resident engineer: 2) Amenities. All multifamily developments shall meet the following minimum requirements for open  -  code, and! health, safety, and.welfareof the citizens oft thet town.  welfare oft thec citizens oft thetown. considerations. shallt beopentoimspetion  space, recreation: and other: amenities:  199    Page 95of1 147  Open space areas, excluding those portions of the multifamily development occupied by multifamily dwellings, accessory buildings, driveways, or parking areas, and including outdoor 1. Provision shall ber made for common open spaces sucht that one percent oft the gross area oft the site shall be devoted to common open space for each dwelling unit per acre of density. For example, ift the density oft the development: ise eight units per acre, atl leaste eight percent oft the development shall be devotedt to common opens space. Common open spaces shall noti include areas includedi inr minimum yard areai reqguirements-however. nocommon opens space shall be Inr multifamily developments of over 150 units ins size, provision shall be made for adequate 3. Tot lots and swimming areas shall be adequately enclosed, and allr recreational areas shall be Fencing or vegetative screening shall be providedt toa al height ofs six feet and ofs such a density that no part oft the development shall be visible to a casual observer on any side of the development abutting any yard ofa a residential ori nonresidential structure,providedi that where natural features such ast topography or natural vegetation are preserved and prevent the development from being casually visible from adjoining properties, the bgardofappealsmay waive requirements for screening. Fencing where required shall be maintainedi ina a safe condition, shall be painted, and Paved common walks ofay width of at least fourfive feetshall bep provided on at least ones side of all streets, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks may bei incorporatedi intot thes street curb. Walk grades shall note exceed  recreation: areas, shall meet the following requirements:  requiredi int the CBD Central Business District. supervision ofr recreational areas.  locateda away from the concentrations of vehicular traffic.  shalll bel kepti ing goodi repair.  )  ten percent; lights shall bep providedfsufticienty toi illuminate: steps.  (Zoning Ord. 2003,81 18.1-906) Sec. 24-476. Large-scale development. therefore protection, generation ofr noise, anda aesthetics. issuance ofa as special use permiti int the following districts: (1) A-1 Agricultural District. (2) R-11 Limited] Residential: District. (3) R-2 General Residential District. (4) T-1 Transitional Use Zonel District. (5) R-31 High Density Residential District. (6) R-41 Manufactured. Home District. (7) B-11 Light Commercial: District. (8) CBDCentral! Business District. (9) B-2General Commercial District. then the setback shalll be 75f feet.  (a) Intent. Large developments'can strain townresources and negatively impact adjacent areas and are subject tos special review.Areas ofs special concern include traffic impact, water and sewer service, fire (b) Applicability. Fort the purposes oft this-seçtion, the term' "large-scale development" means al building or group of buildings under one ownership or control and containing more than 60,000 square feet off floor area, regardless of use, ina agricultural, residential and commercial districts. Large-scale developments are subject tot the  a  (c) Building and construction setback. All buildings in a large-scale development shall have minimum setback of 751 feet from the right-of-way of arterial highways, such as U.S. 60a and U.S. 29. All buildings willl have as setback of 25 feet from other street right-of-way lines, or property lines, unless adjacent toar residential district,  200    Page 960 of1 147  (d) Screening and landscaping.  (1) Al large-scale development shall be permanently screened from adjacent residential areas by a wall, fence, evergreen! hedge and/or other suitablee enclosure of minimum! height ofs seveni feet att thec original elevation oft thep propertyl line. Al landscaped area at least teni feeti inc depth, exclusive ofs sidewalks, must bep provided along street frontage and must be located between the curbline and al line parallel to and 201 feeti inside (2) All mechanical equipment, including mechanical equipment mounted ona ai roof, shall bes screened. (a) Minimuml loto area, loty width andy yardi requirements. Townhouse! lots fors sales shall adheret tothef following there shall be no special yard requirement for townhouse lots in the Central Business District (273) Front yard: Theres shall be ai minimum ten-foot front yard (area between front door and front of (3)(4) Sidey yard: Theres shalll bea a sidey yardo ofr notl less than 16feetin-widthat each end ofag group of units (4%5) Rear yard: There shall be: ai rear yardy witha a depth ofr notl less-than 25 feet fore each unit (not tob be thei rear and side property lines oft the total site equalt to atl least 251 feetèxcept wheret the development is within or abuts an R-1 or R-21 Residential District, in which casethe perimeter yards shall be atl least 501 feet. The required development perimeter yard mayi includet the side andr rear yardsrequired for each townhouse. The required front yard for the: zoning district in which the developmenti isl located shall apply for the townhouse development along the front property line oft thet total site which-may: includet ther required front yardi fore each townhouse. (c) Height restrictions. Height shallben nor more than:40f feet measured from the average level oft the ground (d) Maximum lot coverage.The maximum lot coverage for interior townhouse lots for sale shall be 50 (e) Common areas. Eacht townhouse development shall provide atl least ten percent of the development site for areas of common use which includessuch uses as parking, walkways, streets not dedicated to the state department of transportation, recreation facilities, picnic areas, refuse collection, utility easements, and similar activities. The following minimumi requirements for common: areas shall be adhered to: (1) Off-street parking shall meet the requirements seti forth inc division 2 of article VIII of this chapter and section 24-539. Required parking spaces shall be provided within the perimeter of the townhouse development: andi no farther than 2001 feet from the facilities served. Off-street parking shall be designed to produce the minimum possible interference with pedestrian circulation within the townhouse Totl lots and swimming areas shall be adequately enclosed, and all recreational areas shall be located 3) Fencing or vegetatives screening shalll be provided toal heighto of sixf feet and ofs sucha a density that noj part oft the developments shall bev visible toa casual observer ona any side oft the development: abutting: any yard ofar residential or nonresidential structure, provided that, where natural features such as topography or natural vegetationa are preserved andj prevent thec development from! being casually visiblef from adjoining properties, the board of appeals may waive requirements for screening. Fencing, where required, shall bei maintained: ina as safe condition, shalll be painted, and shalll bel kepti ing goodr repair.  thep property line; other landscaping and/or screening may ber required.  (Zoning Ord. 2003,1 18.1-909) Sec. 24-477. Townhouses. minimum requirements: CBD  (I) Lot area: Each townhouse shall bel located on al lot of not less than 1,200s squaref feet ina area. Howevers Commented [VH34): Doy youv wantt thisa added per Hobbs?  Commented [SM35R34): yes Formatted:. Justified, Outliner numbered- + Level: 2+ Numbering: Style: 1,2,3,- + Start at:1+ Alignment: Left + Aligneda at: 0.41"+ Indent at: 0.74" Formatted: Outline numbered- + Level: 4+ Numbering Style: 1,2,3,- + Starta at:2+ Alignment: Left Aligned at: 0.41" + Indent at: 0.74" Formatted: Indent: Hanging: 0.33", Outline numbered +L Level: 41 + Numbering! Style: 1,2,3,- + Starta at:2+ Alignment: Left Aligneda at: 0.41" + Indent at: 0.74" numbered Level: 3+ Numbering! Style: a,b,G+ Starta at1+A Alignment: Left Aligneda at: -0.25"+ +  (1(2) Unit width: Ai minimum widtho of 16f feet per lots shall ber maintained.  lot, orparking area, or other common area). (notto bes shared between units). sharedbetween  units).  (b) Development, perimeter yard requirements. Eacht townhouxedevelepment shalll have ap perimeter yard on - Formatted: Indent: Left: 0.08", First line: 0.33", Outline  Indent at: 0.08"  adjacent tot the front exterior wall  percent and fore end and/or corner lotsshalll be 40 percent.  development.  awayi from the concentrations of vehicular traffic.  201    Page 97of1 147  (4) Paved common walks ofay width of atl least four five feet shall be provided from each dwelling unit to commonareas withint thet townhouse development, and wherever concentrations of pedestrian traffic can be expected, as between recreational facilities, walks may bei incorporated into the street curb. Walk gradesshall not exceed tenp percent; lights shall be provided sufficiently toi illuminate steps. purpose as expressed in the approved subdivision plat. The preservation and maintenance of all common areas within thet townhouse development shall bei ina accordance with the following requirements: (1) All deedss shalli include appropriate restrictions to ensure that common areas are permanently preserved according tot the subdivision plat." The deed restrictions shall run with thel land and be for thel benefit of present as well asi future property owners ands shall containa aj prohibition against partition. (2) All common areas shall be specifically included in the development schedule and be constructed and (3) All common areas shall be placed int the ownership and control of a nonprofit association capable of (4) The developer shall establish a nonprofit association, corporation, trust or foundation of alli individuals or corporations owning property within the townhouse development to ensure the maintenance of common areas. Said organization shall conform tot the following requirements: The developer must establish the organization prior to the sale of any lot or property and shall relinquish control ofs said organization when voted upont by the membership oft the organization. Membership in the organization shall be mandatory for all property owners, present and future, withint the townhouse development ands said organization shall not discriminate ini itsi members or Thec organizations shall manage all common areas withint thet townhouse development, shall provide for the maintenance, administration and operation of said land improvements and shall secure ed. The organization shall conform to the Condominium Act. Code of Virginia, $55.1-1900et The organization shall conform to the Condominium Act, Code of Virginia#79.39  Commented [VH36): Doy youv want too change thist tof five feet? Commented [SM37R36): yes numbered Level: 3+ Numbering Style: a,b,G+ Start at:1 1+ Alignment Left + Aligneda at: -0.25"+ Indent at: 0.08"  Preservation: and maintenance ofcommon areas. All common: areas shall bep preserved fort theiri intended - Formatted: Indent: Left: 0.08", First line: 0.33", Outline  fullyi improved by the developer. providing adequate maintenance.  shareholders.  adequate liability insurance ont the common: areas. phS10--ws.  seq  Formatted: Indent: Left: 1.07", Nob bullets or numbering Formatted: Normal, Justified, Indent: Left: 0.08", Hanging: 0.33", Right: 0.08", Nob bullets orr numbering, Tabs stops: 1.07", Left Commented [VH38):1 In subsection 18.1912.07).correct thes statel law referencest tobet to Code of 240a and3 33.2-241. Formatted: Indent: Left: 0.5", No bullets or numbering  () (g)Streets and utilities. All streets and utilities within thet townhouse development shall meeyihef following Thetraffic circulation pattern, thes street dimensions, curbs and gutters, ifp provided, and curbo cutsshall meet the specifications oft thes state department of transportation andCodeafVirinies as-amended, and Code of Virginia. 553 33.2-240 and 33.2-241. (1) and the minimum standards oft thee entrances tos statel highways andbe approvedb by thei resident engineer priort tot the: approval oft the site plan. (2) All dwelling units shalll bec connected tot thet town waterands sewérage systems 3) The site storm drainage system shall drain to anyexisting naural.drainage system. On-site retention of stormwaters is encouraged, provided that iti sAn.complance with requirements of section 15.1-867ef the-Cede-ef Virginia,1950, as amended,and the sediment basindesign standards of the Erosion and Sediment Control Handbook. All storm drainage facilities shall meet the requirements of the health (h) Subdivision plat and site plan requirements. In addition to the subdivision plat requirements herein, the submittal oft thes subdivision platt thati includes townhouses lots shall bea accompanied byas special site planf for  requirements:  and33-1-198  SS 33.2- Virginia,  department. (4) All utilities shall beu underground.  Formatted: Indent: Left: 0.08", Hanging: 0.33", Right: 0.08", Outline numbered + Level: 3+ Numbering Style: a,b,C + Start at: 8+ Alignment: Left Aligneda at: -0.25" + Indenta at: 0.08"  thet townhouse development only as provided for article. XI oft this chapter.  (Zoning Ord. 2003,81 18.1-912)  202    Page 98 of1 147  Sec. 24-478. Confined livestock facilities.  (a) Intent." The town recognizes that the operation ofl large-scale confined animal feeding facilities canl have  203    Page 99of1 147  as substantial adverse impact on the quality ofl life for property owners inr nearby areas thereby requiring standards and guidelines for their siting and operation. Itist the intent oft this section top promote economic development and top preserve farmland by providing for the continued security oft thet town's rural residentialagricultur.l. environs by encouraging limited, orderly andi responsible growth ofl livestock, dairy and poultry industry. (b) Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed tot themi int this section, except where the context clearly indicates ac different meaning: Animal uniti means au unit ofi measurement for any animal feedingo operation calculated by addingt thet following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number ofs swine weighing over 251 kilograms (approximately 55 pounds) multiplied by 0.4, plus the number of sheep multiplied by 0.1, 9VAC25-31-10 oft the Virginia Administrative Code) or 1,000 pounds of live weight of any other given livestock species or any combination of other livestock species (7CFR Confined livestock, facility means al livestock facility that stables, confines, feeds, orI maintains animals fora total of 45 days or more in any 12-month period and does not sustain crops, vegetation, forage growth, or post- harvest residues within the confined areai int thei normal growing season over any portion oft the confinement facility (1) Residential, COHEFEia! mixed use ori industrial districts. Confined1 livestock facilities ofr more than 50 animal units orl keeping ofr more than two animal units-peracre) shallr not be permittedi in any residential, (2) Agricultural. districts. Confined livestock facilities with more than 100: animals regardless ofs sex, age or weight or more than 50: animal units orl keepingmore than two animal units per: acre ina all agricultural districts are subject tos special use approval. Ini noevent shallany'one confined! livestock operation be (d) Application requirements for confnedlivestock, facilities. All applications for a special use approval in (1) Other approvals. The: applicant halprowideetifaetions that allr required state and federal permits and approvals havel been granted alongy with the request for approval of the confined livestock facility. Such certifications shalli include anutrient management plan issued by the state department of conservation and recreation or other appropriate agèncy, If off-site disposal is part oft the nutrient management plan, the applicant shall provide-written doçumentation of an agreement with the receiver of the wastes produced at the confined livestock facility. Such documentation shall specify the duration of the 2) Documentation. The applicant shall supply as site plan and other materials, as deemed appropriate by the zoning: administrator, to document thep proposedi facilities. The applicant shall supply as survey, prepared byal land surveyor or engineer licensed by the commonwealth, oft the entire parcel ofl land upon which the confined livestock facility is proposed to be situated. The survey shall show that the proposed confined livestock facility meets all applicable separation requirements by showing the direction and 3) Wello data. The: applicant shalls supply baseline well water datai from all adjoining property owners witha water supply well. Int the event an adjoining owner refuses] permission fora a well water test, the: applicant shall providea a documentary record ofi its request top perform thet test and the property owner's refusalt to grant permission. The applicant shall submit with the data a correlated list oft ther names and addresses of the adjoining property owners and a map noting tested welll locations. At ai minimum, the well testing  1466.3). (7CFR 1466.3).  (c) Uses allowed. subject tos special use approval. commercial mixed use ori industrial district.  permitted tol have more than 299: animal unitsi inanyagricultural. district. connection with a confined livestock facility-shall include the following:  agreement and the nature oft theapplication or use oft the wastes.  distance tot the nearest applicable feature.  shall address the following:  Parameter Static water level  Unit ft  204    Page 100 of147  Ammonia nitrogen Nitrate nitrogen pH Conductivity  mg/L mg/L SU umhos/cm  (4) Applicant. The: applicant for all permits must bea ai resident oft the town: and thep property owner. (5) Fees. Any costs associated with review oft the application byt thet town! by ane engineer of any oft the: above- (e) Separation requirements for confined livestock facilities. All structures and wastewater treatment facilities associated with confined livestock facilities shall meet the following minimum separation distances in addition toa alls setback and yardi requirements founde elsewherei int this chapter: (1) 1,500f feeti from anyl houser not located ont thej property owned by the: applicant. (2) 1,000f feet from ar residential: zoning district. (3) 2,5001 feet from aj public place such: as a college, school, courthouse,l library or church. (4) 1,000f feet from aj perennial stream asi indicated ont the 75mhnu-uscsigerple. survey maps. (5) 1,000f feet from as state-maintainedi road: andi noty visiblét froma as state-maintained: road. (f) Required findings for confined livestock facilities.Prior toa approving any application for a special use approval which would allow a confined livestock facility, thet town councils shall bes satisfied that the odors generated by the proposed facilities will not be objectionable to any resident orbusiness operator located either inside or  required information: shalll bej paid by the applicant.  outside the corporate limits oft thet town. (Zoning Ord. 2003,1 18.1-916) Sec. 24-479.Adult entertainment establishments  (a) Definitions. The following, words, terms andphrases when usedi int this section, shall have the meanings ascribed tot them int this subsection, except.where thec contextclearly indicates a different meaning: Adult bookstorei means anestablishment! havinga asubstantial ors significant portion ofi itss stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing ori relatedt tos specified sexual-activities ors specified anatomical: areas, ora ane establishment with a segment Adulte entertainment establishment means any regulated uses such as ana adult bookstore, adult motion] picture theater, cabaret, massage parlor, drug paraphernalia store, adult video tapes stores, strip lounges. Adult motion) picture theater means ane enclosed building witha a capacity of one tor more than 50p persons used for presenting material distinguished or characterized by ane emphasis oni matter depicting, describing or relatedt to specifieds sexual activities or specified anatomical areas for observation' by patrons. Drug paraphernalia. store means any retail store selling paraphernalia commonly related tot the use of any drug or narcotic of which thes sale, use or possession ofi is subject tot the provisions oft the Drug Control Act (Code of Virginia, $: 54.1-3400 ets seq.), including, but notl limitedt to, water pipes, pipes screens, hashish pipes, roach clips, Massage parlor means any place where manipulation of body tissues for any purpose is conducted and the owners ande employees are not aj physician, chiropractor, osteopath, naturopath or physical therapist duly licensed Specified anatomical. areas means areas which include less than completely and opaquely covered human genitals, pubic region, buttocks, female breasts below: aj pointi immediately above thet top oft the areola, andl human  ors section devoted tot thes sale or display ofs such material.  coke spoons, bongs, andi marijuana cigarette rolling paper.  byt the commonwealth, nor a massage therapist certified by the state board oft nursing. male genitals ina a discernible turgids state, eveni if completely and opaquely covered.  205    Page 101 of147  Specified sexual activities means activities whichi includel human genitals in a state of sexual stimulation or arousal, acts of! human masturbation, sexuali intercourse ors sodomy, and fondling or othere erotic touching ofH human Strip lounge means an adult club, lounge, restaurant, or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers exhibiting specified anatomical areas or performing (b) Standards. Any adult entertainment establishment, including adult bookstores, adult motion picture theaters, stores selling sexi implements, and/ors selling orr renting pornographic movies witha ai rating more restrictive than' "R", clubs, bars, lounges andt thel like where dancers perform nude orp partially nude resultingi int the display of specified anatomical: areas, massage parlors, drug paraphernalia stores, andt thel likes shall bes subject tot thei following  genitals, pubic region, buttocks orf female breasts. specified sexual activities.  standards:  (1) No adult entertainment establishments: shall be permitted:  Within twoi miles of any other existing adulte entertainment establishment; and Within 1,000 feet of any existing residential use or residentially zoned district, or any of the following uses: 1. Churches, monasteries, chapels, synagogues or  2. Public and private schools, upt to andi and colleges; 3. Public playgrounds, community swimmingp pools:p Fort the purpose ofs spacing, distances shall ber measured Signs and other visibler messages. Signs. 1. Signi messages shall be limitedt premises. available ont thep premises  their adjunct play areas, publicl libraries. lines of any parcel or district. material ors services available ont the  2. Sign messages maynot include anygraphic or pictorial depiction of material or services 3. Signs shallmeet alladditional requirements containedi in this chapter. Other visible messages Messageswhich are visible or intended to be visible from outside the property (such as on orwithin doors or windows): shall not display materials, items, publications, pictures, films, orp printedmaterial: available ont thej premises; orp pictures, films, orl live presentations of persons performing or services offered ont the premises.    (Zoning Ord. 2003,1 18.1-918) Sec. 24-480. Manufactured homes. district.  Manufactured houses that are on a permanent foundation and on individual lots are permitted in the A-1 Sec. 24-481. Assisted] living facilities and groupl homes ofeight orf fewer: single-family residence. (a) Aresidential facility iny whichr noi moret than eighti individuals withr mentali illness. intellectual disability, ord developmental disabilities reside, with one orI more resident or nonresident staff persons, shall be considered: as residential occupancy by a single family. Fort the purposes of this subsection, mental illness and developmental disabilitys shallr noti include currenti illegal use ofor addictiont toacontrolleds substance asd definedi inCodeof Virginia. $54.1-3401.1 Noo conditions more restrictive thant thosei imposed onr residences occupied by persons related! by! blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, the term "residential facility" means any grouph home or other residentialf facility for whicht thes state department of behavioral health and  Statel law reference- -Mandatory provisions, Codec of Virginia, $1 15.2-2290(A).  developmental: services is thel licensing authority.  206    Page 102 of147  (b) Aresidential facility iny whichr nor more thane eight aged,i infirmed or disabled persons reside. with one or morer resident counselorsorc other staff persons. shall be considered as residential occupancy byas singlef family. No conditions more restrictive than those imposed onI residences occupied by persons related by blood, marriage,or adoption shall bei imposed on such facility. For purposes oft this subsection, the term "residential facility" means any assistedl livingf facility orr residential facilityi in which aged. infirm or disabled persons reside with one ormore resident counselors or other staff persons and for which the state department of social services is the licensing  authority.  State law reference- -Similar provisions, Code of Virginia, $1 15.2-2291.  Sec. 24-482. Family dav homes.  Afamily dayl home, as defined in Code of Virginia, $22.1-289.02. serving onet throughf four children, exclusive ofthep providersownchildren: and: any children whor residei int thel home. shalll be considered: as residential occupancy byas singlef family.) No conditions more restrictivet than those imposed onr residences occupied! by persons relatedby blood, marriage, or adoption shall bei imposed upon such ahome. Nothingi int this sections shall apply to any county  orc city whichi iss subjectt to Code of Virginia 81 15.2-741 or 15.2-914. State law reference- Similar provisions. Code of Virginia, $15.2-2292(A). Sec. 24-483. Temporary family health carestructures.  -  (a) Temporary family health care structures for use by a caregiver iny providing care for a mentally or physicallyi impaired person and on property owned or occupied by thecaregiver as hisi residences shall be considered apermitted accessory use in any single-f family residential: zoning districton Iots zonedfors single-family detached dwellings. Such structures shall noti require as special use permito orbe subjected to any other local requirements beyond those imposed upon other authorized: accessory structures, except asotherwise provided in this section. Such structures shall comply with all setback requirements that applyto the primary structure and with any maximum floor area ratiol limitations thatr may applyolheprimary: structure. Only one family health care structure (b) Thef following words. terms andp phrases.when usedin this section, shall! have the meanings ascribedto Caregiver means an adult who provides_care for-amentally or physically impaired person within the commonwealth. A caregiver shallbe-citherrohated by blood. marriage, or adoption to or the legally appointed Mentally or physically impaired person means a person whoi is a resident of the state and who requires assistance witht two or more activities ofdaily] living. as definedi in Code of Virginia. $63.2-2200.: as certifiedi ina Temporary family healtho care structure means at transportable residential structure, providing an environment facilitating: ac caregiver's provision of care forar mentally or physicallyi impaired person, that is primarily assembled atal location other than its site ofi installation; is limited to one occupant who shall be the mentally or physically impaired persono or,i int the case of amarried couple, twoc occupants, one of whomi isal mentallyor physically impaired person. and the other requires assistance with one orI more activities of daily livinga as definedi in Code of Virginia, $63.2-2200. as certified in writing by ap physician licensed in the Commonwealth: has noi more than 300 gross square feet; and complies with applicable provisions of thel Industrialized Building Safety Law (Code of Virginia, $6-70ets seq.)andt thel Uniform Statewidel Building Code (Codeof Virginia. $36-97 ets seq.).F Placing the temporary familyl health cares structure on aj permanent foundation: shall not! ber required orp permitted. (C) Any person proposing toi install at temporaryi familyl health care structure shalli first obtaina apermit from the town council, for which the town may charge a fee. Thet town may not withhold such permit ift the applicant provides sufficient proof of compliance witht this section. The applicant shall provide evidence of compliance with this section on ana annual basis asl long ast the temporary familyl health care structure remains ont the property. Such evidence mayi involve thei inspection by thet town oft thet temporary family! health cares structure atr reasonable times (d) Any temporary: family health care structure installed pursuant tot this section may! ber requiredt to connect  shall be allowed ona al lot or parçel ofl land.  them int this subsection. excepty wheret the.context clearlyi indicates a different meaning: guardian oft thei mentally or physically impairedpersont for whom hei is caring. writing provided byar physician licensed by.the Commonwealth.  convenient tot the caregiver. not] limitedt to any annual compliance confirmation.  207    Page 1030 of147  to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicablei requirements oft the state department of! health. (e) Nosignage advertising or otherwiser promoting the existence oft thes structures shalll be permitted either on the exterior oft the temporary family health care structure ore elsewhere ont the property. () Anyt temporary family health care structure installed pursuant tot this sections shalll ber removed within 60 days of the date on whicht the temporary family health care structure was last occupied! byan mentally or physically impaired person receiving services ori ini need oft the assistance providedi fori int this section. (g) Thet town council. or the zoning administrator oni its behalf. may revoke the permit granted pursuant to subsection (C) of this section if the permit holder violates any provision of this section. Additionally, the town council may seek injunctive relief or other appropriate actions or proceedings int the circuit court of that] locality to ensure compliance with this section. The zoning administrator is vested with all necessary authority on behalf of  the town council toe ensure compliance with this section. Statel law reference-Similarp provisions. Codeof Vig:inin:152292.1. properties, with special care toa as tor noti negatively impact residential: areas.  Sec. 24-484. Lighting. (Zoning Ord. 2003,918.1-921) Secs. 24-485--24-506. Reserved. Sec. 24-507.Off-street, the main usei is continued.  Alll lighting facilities shalll be: arranged so that lighti is directed dopyhaidahating.y or at adjacent  UMNASWACRSNAENsENg  -  parking required.  (a) Every use orb building instituted, constructed, erected,enlargedof: structurally altered shall provide off- (b) Such off-street parking andl loadingtacilitiesball ber maintained as approved and continued asl long as (c) Noo owner or operator of anys structure'affected by, this article shall discontinue, change or dispense with the required parking and loadingi facilities without establishing alternative vehicular parking and loading facilities (d) No person shall utilize anybuilding or use any parcel of land without providing the off-street parking and loading facilities as required by thisarticle, except when a building or use is legally noncontorming as to (e) Whenap permittedi usei isl legally nonconforming: ast toi required parking, ands said usei ise enlarged, additional parkings shall ber required only ont thel basis oft thee enlargement oft thep permittedi use. The: additional parkingshall meet (f) Inl lieu of compliance witht thei regular parking regulations containedi int this article, property owners may The off-street parking facilities required! by this articles shall bel located ont the same lot or parcel ofl land that they arei intendedt tos serve. Where practical difficulties prevents suchl location or where thej publics safety ort the public convenience would bel betters served by an alternate location, the planning commissioni may authorize the: alternate orc cooperative location: as aj part ofas site plana approval. Any authorization: shall bes subjectt to the following: (2) A cooperative location provides parking for two or more uses and shalll have combined parking spaces  street parking and loading facilities ina accordance with thej provisions oft this article.  which meet ther requirements ofthisa article.  required parking.  alla applicable requirements oft this article. (Zoning Ord. 2003,91 18.1-602.01) Sec. 24-508. Location of parking.  submit aj parking master planf for approval as as special use permit.  (1) An alternate location provides parking only for the usei inc question. equalt tot thes sumi required for thes separate uses.  208    Page 104 of147  (3) Suchj parking spaces shall be conveniently and safely accessible top pedestrians.  (4) Alls suchp parking spacess shall bec onp property zoned properly for the usec or uses' whichr require thej parking (5) The right to use such property for parking shall be established by deed, easement, lease or similar recorded covenant ora agreement; shalll be approved ast tof form and content byt thet town attorney; shall be recorded in the clerk's office of the circuit court of the county so as to ensure the availability of such (6) Shoulds such off-street parking spaces become unavailable for use ats some futuret time, ane equal number of parking spaces shall be constructed and provided on either the primary site or by another off-site arrangement: meeting thei requirements oft this chapter. Failure top provide or construct such replacement parking spaces within 90days fromt thec date ony whicht the use oft thep previously available off-streets spaces 7) For churches and other permanent! buildings used fori religious worship, alternate or cooperative parking agreements may be approved that dor not provide exclusive parking rights, providedt that such agreement provides adequate parking at appropriate times to meet the parking needs of the church or other  spaces.  spaces fora ai minimum time period of atl least five years. was terminated: shall beav violation oft this chapter. permanent building used forr religious worship. (a) Parallel spacess shalll have minimum dimensions ofe eightf (b) All other parking spaces shalll have minimum dimensionsof ninef (1) Spacesi inap parking garages shalll havei minimumlimemion-ersl 1feet! by 18f feet. (2) Thej planning commission, as aj part of the siteplanreview process, may approves spaces with minimum dimensions of81 1/2f feet! by 18feetf for vehicles storage lots fora automobile dealers, overflow parking areas (c) Overhang over landscape areas shallnot becounted towardt the minimum dimensions stated above. Every parking spaces shall affords Satisfactoryingress: ande egress for ai motor vehicle without requiring another motor vehicle tob bei moved, except forparking spaces for single-family detached, duplex and townhouse dwellings  (Zoning Ord. 2003, $1 18.1-602.02) Sec. 24-509. Size of parking spaces.  181 feet, follows: feet by except asi  6  and other low turnover parking facilities. (Zoning Ord. 2003,81 18.1-602.03) Sec. 24-510.. Accesst to off-streetparking: spaces.  wheret the parking spaces arel located ont thes same lot ast the dwelling unit.  (Zoning Ord. 2003,$18.1-602.04) Sec. 24-511. Surfacing.  (a) Parkings spaces and driveways for single-family dwelling units shall bec constructed of gravel, compacted (b) Parking spaces and driveways for other than single-family dwelling units shall be constructed of  stone, concrete, asphalt, brick or paving stones. concrete, asphalt, brick or paving stones. (Zoning Ord. 2003, $1 18.1-602.04.1)  Sec. 24-512. Calculation ofr number of off-street parking spaces.  Inc calculating the number of required parking spaces, thei following rules shall govern: (1) The term' "floor area" means the gross floor: area oft thes specific use, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. Unless otherwise specified, thet term' "floor area" shall include associated corridors, utility rooms ands storage space. (2) When the units of measurements determining the number of required parking spaces results in the requirement ofa fractional: space, any fraction less than one-half shall be disregarded, and fractions of  209    Page 105 of147  one-H half or over one- half shall require one additional parking space. use ofs similar nature, as determinedl by the zoning administrator.  (3) The parking space requirement for a use not specifically mentioned: shall bet thes same as required fora (4) Int the case of mixed uses, the parking spaces required shall equal the sum of the requirements oft the The off-street parking required by this articles shall be provided and maintained ont thel basis oft the following  various uses computed separately. (Zoning Ord. 2003,91 18.1-602.05) Sec. 24-513.. Amount of off-street parking required. table, except as otherwise providedi int this article:  Use Type  Required Parking Spaces  Residential uses  Single-family, two-family andi multifamily 2fore each dwelling unit  dwelling Townhouses andj planned unit developments Lodginghouses and roominghouses Nursing homes Dormitory, fraternity or sorority Hotels/motels: Meeting rooms, banquet roomsand restaurants located within: al hotel/motel Kindergarten, day childcare center, nursery school college or preparatory school  2fore each dwelling unit, plus 0.251 for each dwelling unit  for visitor parking Group quarters 1fore eachroomi rented 1fore each 3beds 1-foreach2 beds Transient lodgings fore each! bedroom foreach 350 squaref feet of floor area Educational. uses Jfore each 200 square feet of floor area auditorium orr main place of assembly; or 11 fore each 100 square feet off floora areai int the main place ofa assemblyi in places which dor not! have fixed seats  Elementary, middle and highs schools, 1fore each 4: seats oft maximum capacity int the  Business  Retail establishments (unless otherwise 1fore each 200 square feet of floor area establishments, automobile service center, area, plus 21 fore eachs servicel bay (bay areai not counted) Furniture, hardware, home furnishings, 1fore each 500 square feet of floor area  specified) Automobile sales andi rental service stations and tires stores automobile parts and supplies Pharmacy, freestanding, with a drive- through window for drop offa andj pick up of prescriptions  1fore each 500 squaref feet of enclosed sales/rental floor  1fore each 400 square feet of floor area  210    Page 1060 of147  Shopping centers, but excluding theaters 1fore each 300 square feet of floor area  (unless otherwise specified) Restaurant orr nightclub Outdoors sales and display otherwise classified uses and laboratories centers, dancehalls and theaters gymnasiums Art galleries, libraries, museums Bowling Golf course or miniature golf course  1fore each 100s square feet of floor area, plus 1 for each 100s square feet of outdoor dining areai ine excess of 1,000 1fore each 500 square feet of opens sales and display area  squaref feet enclosed storage Industrial uses shift  Wholesale, inventory and storage uses not 1fore each 1,000 square feet ofi floor area devoted to Manufacturing, warehousing, industrial 1fore each 1 1/2 employees ont thei maximum working Auditoriums, assembly halls, community 1fore each 4 seats based on maximum seating capacity Amphitheaters, sports arenas, stadiums or 1fore each 5s seatsor1 10feet of bench space  Cultural, entertainment and recreational. uses  1fore each 400square feet of floor area 4fore eachalley 2fore eachl hole Officeuses: Medical uses  Offices, but noti including medical offices fore each-400square feet of floor area  Doctor's or dentist's office, clinic and outpatient clinic Hospital Veterinary hospital Barbershop or beautys salon Laundry, self-service Laundry, dry cleaning Funeral home  foreach 200 square feet of floor area 2foreach bed, plus 11 for each 300 square feet ofi floor area devotedt top patient care services, such as gardiopulmonary,; physicalt therapy, radiology, surgery 1fore each 400 square feet of floor area 1fore each 200 square feet of floor area 1fore each 200 square feet of floor area 1fore each 400 square feet of floor area 1fore each four seats in chapels or parlors with fixed seats; orl 11 for each 100s square feet of floor area for assembly rooms without fixed seats that are used for  and laboratory Service uses  services Institutional. uses  Churches and other places of worship; and 1fore every 10s seats oft maximum: seating capacityi int the  civic, fraternal, political, private, religious main place ofa assembly  and social nonprofit organizations  211    Page 107 of147  Governmental buildings Jails  1fore every4 4 seats of maximum: seating capacity int the main place ofa assembly plus 11 fore each 400 square feet 1fore every rated bed space plus 1fore each 400 square  of other floor area feet ofc other floor area  (Zoning Ord. 2003,81 18.1-602.06)  Sec. 24-514. Reduction of amount of off-street parking required. development ifs suchi is properly justified by the property owner, tot the normal special use permit criteria, shall address thei following: 2) Location ofe existing andj proposed parking lots. (3) Location ofe existing andj proposed on-street parking. 4) Pedestrian circulation. Mass transit facilities provided. The town eouneilp planning commission may, ati its discretion and'a professional traffic consultant toe evaluate the parking master plan,andt modifications should bei made to the thel location of: (1) Major traffic generators. limitation onu use oft the parkinglots, 3) Existing: and proposedon-street) parking (4) Pedestrian circulation system, (5) Mass transit circulation: system. normally required by this article.  Commented [VH39): Doy youv wantt thiso change per Hobbs? Concepti recommended! wouldi relievet by! Mike Callahan. The proposed: requirements. adjustment Commented [SM40R39]: yes  (a) Inl lieu of compliance with the regular parking regulations containedi int thiss section, property ownersi may submit aj parking master plan- ferappovahstspeciah use permit.1 The master plans shall be considered by the Planning Commission who shalll have the authority to adjust ther number of parking spaces requiredf fora (b) Thej parking master plans shall be prepared by a qualified professional traffic consultant and, in addition (1) Anticipated average: andj peak demand and how this is addressed by thep parking master plan.  thep public hearing  employ a qualified ast tov what, ifany,  meierchmesdsins f  plan.  (c) Thej parking plans shalli include an area mapatascaled ofr notl lesst thano onei inch equals 1001 feet, showing (2) Existing andj proposed parking lots,including number and size of spaces and any existing or proposed  (6) Geographic areat tob bes served bythe parking master plan.  (d) Thej parking master plans shalli include: a written description of all uses tol bes served by the plan, a table listing the floor: areas devoted tot the various types oft uses, and a comparison oft the parking plan with the parking (e) The master parking plan, when approved, shall be valid only for thet types of uses specifically listed in the approved plan. Any changes int types oft uses, or modification of parking provided, shall require an amendment efthe-speeiale Repemmit-Repprowal. However, minor changes may bea approved! by thez zoning administrator or, at his option, referred to the planning commission for consideration ata ai regular meeting- withouta publie hearing. A  change shallbe consideredi minor ifit:  (1) Does not changet the general character oft the approved master parking plan. (2) Does noti reduce the number ofp parking spaces provided.  Does noti increase thei floora areas devoted tot the various types ofu uses ass specifiedi int the approved master (4) Does not adversely affect the development or use of adjacent properties and surrounding neighborhoods.  parking plan. (Zoning Ord. 2003,1 18.1-602.07)  212    Page 108 of147  Sec. 24-515. Parking requirements in the centrall business district. activities and local businesses, willl bee encouraged.  (a) Consistent witht the purpose oft this chapter, thet town council andj planning commission desiret top preserve and enhance downtown. Amherst. As such, the role of downtown Amherst, as a desired location for community (b) To encourage the use ofc older buildings int the downtown area, no off-street parking willl be required in the case ofa a changei in use ofa al building thati isi more than 30y years old and int the CBD Central Business District. However, this relief shall not apply when calculating the parking required for any new building footprint.  (Zoning Ord. 2003, $1 18.1-602.08) (Amended! February 18,2014) Secs. 24-516-24-538. Reserved.  DIVSION3.OFFSTREETLOADING  Sec. 24-539. Off-street. loading and unloading space.  Off-street loading and unloading spaces shall bep provided asl hereinafter required by this chapter. (1) Spaces designated for off-street loading shall not bec counted toward the required number of off-street Off-street loading spacess shalll bel located sot thatt therei issufficientroomf fort thet turning andi maneuvering  parking spaces. of vehicles usings said spaces. (3) Accesst to off-street loadings spaces shall not bea (Zoning Ord. 2003, $1 18.1-603) Sec. 24-540. Size of off-streetl loading spaces. (Zoning Ord. 2003,81 18.1-603.01) Sec. 24-541. Connection tos  parkings spaces.    Each off-street loading space shall have minimum dimensions of4f feeti in! height, 12f feet in width, and 50 feet inl length. However, upon sufficient demonstration that aparticularl loading space willl be used exclusively by shorter trucks, the: zoning administrator payreduceiteminimpl length accordingly toa as little as 251 feet.  Each required off-street loading shallhave direct access toa a street or  have a alley orl driveway which    spaces  offers satisfactory ingress and egress-fortrucks: andv whichs shall meet the requirements ofC Code of Virginia $33.1- 198, as amended, and the minimum standards of entrances to state highways and be approved by the resident  engineer prior tot thef final approval oft thes site-plan. (Zoning Ord. 2003,81 18.1-603.02) Sec. 24-542. Floor area over 10,000 square feet.  There shall be provided fore each hospital, hotel, commercial, ori industrial building, or similar use requiring the receipt or distribution of materials or merchandise andl having ai floor area ofi more than 10,000s square feet, at least one off-street loading space for each 25,000 square feet of floor space or fraction thereof, but notl less than two. Such spaces shalll bes sol located: as nott tol hinder thef free movement of pedestrians and vehicles overa a sidewalk,  street or alley. (Zoning Ord. 2003,91 18.1-603.03) Sec. 24-543.1 Floor: areal less than 10,000s squaref feet.  There shall be provided for each hospital, hotel, commercial, or industrial building requiring receipt or distribution ofr materials orr merchandise and having: a floor: area ofl less than 10,000: square feet sufficient off-street loading space (not necessarily ai full space ifs shared by an adjacent establishment) sol located as not tol hinder the  freei movement of! pedestrians andy vehicles over a sidewalk, street or alley.  (Zoning Ord. 2003, $1 18.1-603.04)  213    Page 109 of147  Sec. 24-544. Bus and truck terminals. ort tol bel loadeda att thet terminal at any onet time. (Zoning Ord. 2003,81 18.1-603.05) Sec. 24-545. Location ofc off-street loading spaces. (Zoning Ord. 2003, $1 18.1-603.06) Sec. 24-546. Permanent reservation. (Zoning Ord. 2003,1 18.1-603.07) Secs. 24-547-24-570. Reserved. See-18-998-Sigas. Sec. 24-571. Intent. purpose as  Theres shalll be! provided sufficients spacet toa accommodate ther maximumi number oft buses ort trucks tol bes stored Alli required off-street loading spacess shall bel located ont the same lota ast thel building whicht they are intended Area reserved ford off-street loading ina accordance witht ther requirements oft this article shall not ber reduced in area or changedt toa any other use unless thet use whichi is servedi isc discontinued or modified, excepty where equivalent  tos serve, or on ana adjacent lot when shared with thet use occupying an adjacent lot.  loading spacei is provided andi is approved by thez zoning administrator.  ARTICLEI  The intent of this section is to establish limitations on signsto ensure that they are appropriate to the neighborhood, building or use to which they are appurtenantand: are adequate, but note excessive, fort theiri intended signs are compatible with their surroundings; tor maintain and enhance the aesthetic environment oft thet town and its entrance corridors; toi improve pedestrian andt traffic safetysto minimize the possible adverse effect ofs signs on nearby public and private property; to avoidvisual cluttert thati ispotentially harmfult tot traffic: andp pedestrian safety, property values, and community appearance; oestabishreasopabilet time, place, andi manner] provisions tof facilitate the: appropriate exercise off free speech; andtos enablet the fair and consistent enforcement oft these sign regulations. Any display ofc off-premises signsi is considered inappropriate tot the character ands sound development oft the town, andi iti isi intended by this article thats street and highway rights-of-way int the town shall not be made availablei for such display unless erected: andi maintained by the town or another governmental entity. Itis the policy of the town that the purpose of commercial signsi is to attract patrons onto the site of business activity and not for brand  a means of communication  5  without adverse-impactc on the visual character of the area; to ensure that  promotion, advertising goods ands services.ordirectingi traffict too other locations.  (Amended! JAnary-9,2019) (Zoning Ord. 2003,81 18.1-908.01) Sec. 24-572. Calculation ofs sign area.  (a) Sign area shall bec calculated ast the area within a singler rectangle, triangle, or circle and shalli include all letters, figures, graphics or other elements of the sign together with the framework or background of the sign. Double-faced: signs (two signf faces back- -to-back atr not more than: a 60-degree angle)s shall bec counted as ones sign. (b) Whenever: ani individual loth has not used: all ofi its permissible signa area, then the unused portion may be  used for displaying noncommercial messages. (Zoning Ord. 2003,91 18.1-908.02) (Amended JanHry9,2019) Sec. 24-573. Signss shall pertaint tot thej property.  Any commerciali message carried! by permitted signs shall pertain tot theb business located ont thes same premises ast thes sign; ort toa any otherwisel lawful noncommercial: message that does not direct attention toab business operated forp profit, ort toac commodity ors service fors sale, provided thats signs erected on contiguous properties with thes same  214    Page 110of147  owner may pertaint toab business located ona any such contiguous property. Billboards and other off- premises signs  are prohibited except as expressly permitted by this article.  (Amended! JARHary-9,2019) (Zoning Ord. 2003, $18.1-908.03) Sec. 24-574. Permit required. accordance witht thep provisions of this section. other applicable! provisions oft this article:  (a) Compliance. No sign, except those qualifying for permit exceptions, shall be constructed, erected, relocated, expanded or otherwise altered until a sign permit has been obtained from the zoning administrator in (b) Permit exceptions. A permit shall notl be required for the following signs, but theys shall bes subject to all  (1) Repainting or refacing ane existing sign orr minor nonstructural repairs. (2) Signs specifically excluded fromj permit requirements. (3) Signs permitted ina alls sign districts as outlined ins section 24-576.  (Zoning Ord. 2003, $1 18.1-908.04) (Amended! January:9,2019) Sec. 24-575. Sign districts. areas int thet town." These districts are:  Inc order tor meet thei intent oft this section, sign districts arel hereby greatedi toreflect the character of various (1) Commercial andi industrial signo district. This districti isc designedosupport: retail and service businesses int the town's commercial: areas.. Ass such, ite encompasses allt town lands zoned commercial ori industrial. (2) Mixedi use district." This districti is designedt tos supportsmaller scale retail and servicel businesses that are consistent with residential development. This district encompasses the centrall business and transitional (3) Residential and agriculnrlagndnic. Thisdistrict encompassesi residential: andr noncommercial: areas toe ensure that signage isi in! keeping witht the character of these areas. As such, iti includes allt town lands  d  zoning districts.  noti includedi int the pemmimaggndais  (Zoning Ord. 2003, $18.1-908.05) Ameailamay9309, Sec. 24-576. Signs permitted in alls sign districts. specified fori individual districts.  2  The followings signs shall bep permittedi in alls sign districts ands shall not require: as sign permit, unless otherwise indicated. Thea area of any signd describedi int this section shall not bei includedi inc computing the: aggregate sign areas (1) Temporary, signs. Temporary signs, whichs shalll bei nonilluminated: and limited tot the following types: (1) When buildings are under construction or sites are under development, signs may be displayed provided that they are removed uponi issuance ofa a certificate of occupancy. The maximum: sign When a property is offered for lease or for sale, signs may be displayed provided that they are removed withini five days oft the date of closing or within five days oft the beginning oft thel lease. 1. Int thei residential sign and mixed use districts, the maximum: aggregate sign area shalll bei four 2. Int the commercial andi industrial sign district, the maximum: aggregate sign area shall be 32 When a business in the mixed use or commercial and industrial sign district opens, temporary  area ofe eachs suchs signs shall be 32 square feet.  squaref feet and thei maximum! heights shall be 121 feet. squaret feet and thei maximum! heights shall be 121 feet.  215    Page 111 of147  building-mounted: signs and banners shall be permitted, provided that such sign or signs shall not bec displayed fori more than 30days. The maximum: aggregate sign areas shall be 32s squarei feet. (4) When ac dwellingi inar residential: sign districti isl holdinga ayards sale, signs may! bec displayed for only For speciale events within the town, any property owner may display up tot two signs of up tof four (6) Signs on private property that exerciset thej property owner's right tor rightt to frees speech: and express noncommercial: messages such: asi ideals, causes, policies or candidates, providedt that the: aggregate sign areai is not larger than 40 square feet in the mixed use and commercial and industrial sign districts or 16s square feet int thei residential: and agricultural sign district, and the total number of signs on aj parcel cannot exceed two. Such signs shall ber removed within 60 days ofi installation, andi no property can display such signs fori more than at total of1 120 days per year. (1) Ones signa ate each parkingl lote entrance withi noo commerciall logoorother message: and note exceeding Nonilluminated names of buildings, dates of iypssion, commemorative tablets, insignia ofl local, state orf federal governmentand like when carvedi into stone, concrete or similar material or made of bronze, aluminum or other.permanent type construction and made an integral part ofab building structure. Thei maximum: size ofsuchs signs shallb be 32s square feet. Usual and customary signsi identifying disabledp parking.restrooms, directions, driving instructions  481 hours and only on thep property wheret the yards sale willl bel held. square feete each for upt tot five daysi ina any 60-day period.  (2) Permanent. signs.  three squarei feet in area.  or other facilities relating tos such places or activities. (4) Signs not visible from: adjacent propertiesor public rights-of-way. (3) Flags. Flags containing noo commercial message àrenot regulated.  (4) Location on right-of-way. Signsi installedon VDOT right-of-way undera' VDOT permit. The town will only assisti int the VDOT perpitineprocgwith town- -approved banners installed above South Main (5) Nonconforming. Any signmay remainin use provided that it was lawful at the time this article was enacted. However, signage for any business shall be required to conform to all requirements of this chapter as a condition ofapproyal beforeany change to thes signage for that business. (6) Community promotions. Community promotions that do not contain any commercial messages or references and are constructed or displayed on public property under the auspices of a locally based  Street ont thee existing! bannerbracket,  (Amended! amHary9,2019) government: agency. (Zoning Ord. 2003, $1 18.1-908.06) (Amended Oetober14,2020)  Sec. 24-577. Signs locatedi int the commercial: andi industrial sign district. and agricultural sign district. For allo other uses, thei following regulations shall apply:  Fori residential uses int the commercial: andi industrial sign district, signs shalll bei regulated asi int ther residential  (1) Freestanding signs.  Number off freestanding signs permitted: One. Maximum sign area: 40s square feet.  2. Fors shopping centers of6 60,000s square feet org greater ofr retail space, ors single users of4 40,000  square feet org greater, 200s square feet total.  216    Page 1120 of147  Maximum! height: 12f feet, ori int the case ofs subsection (1)b.2 oft this section, 251 feet. Building-mounted: signs int the commercial. andi industrial sign district.  d. Setback: Seven feet.  Number of building- mounted signs permitted: Upt to four on a single! building, with a cumulative area of allowable: size as listedi ins subsection (2)b, or one per business inas shopping center.  Maximum sign area:  Mounted flat against the building: 60 square feet. Projecting configuration: 12 square feet. feet for the center.  3. Fors shopping centers orl large users, as definedi ins subsection (1)b.2oft thiss section, 120s square Restaurants! locatedi ina al B-2 district are also permitted tol have upt to 30s square feet ofs signage inr menu boards, thati is1 not counted against their cumulative signa average. Maximum) height: All areas of building mounted signs shall bel located below the ridge line ofa gabler roof building ort the top oft thej parapet ofai flat-roofedbuilding.  (Zoning Ord. 2003, $1 18.1-908.07) (Amended! JanHry9,2019)  Sec. 24-578. Signs locatedi int the mixed use district. Fori residential usesi int ther mixed use district, signss district. For all other uses, the following (1) Freestanding signs. Number off freestandings b. Maximum sign area: 20s Maximum! height: Teni  d. Setback: Sevenf feet. landscaped area ofat] least 200 squaret feet. (2) Building-mounted: signs ini themixedi uses sign district. amulti-tenant building. b. Maximum sign area: 60s square feet. Projecting configuration: 12s squaret feet.  and agricultural sign  Placementi mpswnryeN int this district shall bej placed withina a grass or Number oft building-n -mountedsigns: allowed: Upt tof four ona as single building, or one per business in Maximum height: All areas of building-mounted. signs shall be located below the ridge line ofa gabler roof building or at the top of the parapet ofai flat-roofed building.    (Zoning Ord. 2003, $1 18.1-908.08) (Amended! JanHry9,2019)  Sec. 24-579. Signs locatedi int the residential: and agricultural sign district. The following regulations shall applyi int the residential and: agricultural sign district:  (1) Single-family, duplex and townhouse dwelling units. One building-mounted or freestanding sign, not exceeding two square feet in area for each dwelling unit, indicating only thes street address of the property, (2) Multifamily buildings. One or more building-mounted: signs, not exceeding int the aggregate tens square  shall be permitted.  217    Page 1130f147  feet per building, shalll be permitted. each street frontage. (Zoning Ord. 2003, $1 18.1-908.09) (Amended January9,2019)  (3) Subdivisions, apartment or condominium complexes and planned developments. Freestanding signs, with maximum total area of 24 square feet, shalll be permitted. Noi more than twos signs shall be permitted for  Sec. 24-580. Signs prohibited in: alls sign districts. The followingt types ofs signs are prohibitedi in all sign districts: (1) Anys sign thati impedes sight distance for a' VDOT ownedi right-of-way. or directions or other publici information. sidewalk or top public property of any description. shalli include decorative roofs such as ai mansard roof.  (2) Anys signt that obscures as sign display by aj public authority fort thej purpose of giving traffic instructions (3) Anys sign,e except official notices and advertisements, thati isr nailed,t tacked, posted ori ina any other manner attachedt toa any utility pole or structure ors supporting wire, cable, or pipe; ort to any tree on any street or (4) Anys signt thati isa attached to ori mounted on aroof orp projects abovet thej plane oft thel building facade. This (5) Portable freestanding signs larger than 24s square feetord displayed fori morèthan 60 days per year. (6) Except for time and temperature, no sign shall display-flashing orintermnittent lights, moving signs, inflatables or other lights of changing degrees ofi intensity,.brightness or color. The light from any illuminated: signs shall noto cause direct glarei intoo oru uponanyb building orp property other thant thel building or property to which the signr may be related. Neither the direct por reflected light from an illuminated  signs shalll bel locateds soast (7) Off-premises: signs, othert thant (Zoning Ord. 2003,91 18.1-908.10) (Amended HamHary-9,2019) Secs. 24-581-24-608. Reserved. Sec. 24-609. Manufactured! homes.  motor vehicles onp publict thoroughfares.  ARTICLEX_MANUPACTIREDHOMES. ANDI MANUPACTIEDHONEPARS Any manufacturedl home locatedi int thetown after thee enactment or amendment of the ordinancei from which (1) All manufacturedl homes shall meet the plumbing requirements and the electrical wiring and connection requirements of the building code and the construction, blocking and anchoring requirements oft the Virginia State Corporation Commission; and shall display the seal ofat testing laboratory approved by Allr manufactured! home units shall be completely enclosed with metals skirts, concretel blocks, ornamental wood, stone, ors similar material, in such: ai manner that noj part oft the undercarriage shall be visible toa casual observer, ina accordance withi methods and materials approved by the county buildingi inspector. (3) All manufactured: homes must use and be secured with propert tie-down equipment. (4) Individuali manufactured! home units located outside ofar manufacturedl home parks shalll bes subject tot the a. The lot area: and dimensions: must meet thei requirements ofas single-family dwelling unit withint the districti in which thei manufactured! home unit is tob bel located. Ini no cases shall the unit bel located within 30f feet of any permanent type of building.    this chapter is deriveds shall meet thei following requirements:  the Commonwealth of Virginia.  following additional conditions:  218    Page 114of147  Manufactured: homes shalll bel listed asa aj permitted use withint the districti in whicht thei manufactured  homei ist tob bel located.  (Zoning Ord. 2003, $18.1-913.01) following requirements:  Sec. 24-610. Manufactured home accessory structures.  Allr manufactured: home accessory structures erected or constructedi in any new ore existingi manufactured! home park after the date ofe enactment or amendment oft the ordinance from which this chapter is derived must meet the (1) All manufactured home accessory structures must meet the plumbing, electrical connection, wiring, construction: and other applicable requirements of the uniform statewidel building code. Manufactured home accessory structures, except ramadas, shall not exceed the height of the 3) No accessory structure shall be erected or constructed on any manufactured home lot except as an (4) Porches may be placed adjacent to1 manufactured homes provided they are constructed: in accordance  manufacturedl home. accessory toai manufactured home.  with thej provisions oft the uniform statewide building code. Sec. 24-611.1 Manufactured home park: area requirements. Withina ai manufacturedl home park, thei following area  (Zoning Ord. 2003, $1 18.1-913.02)  (1) The minimum area for each manufactured home Park shallbe ten acres with a minimum of 25 manufactured: homes stands anda ai maximum off five manufacturedl homes stands per acre; andt thei minimum lot widthi for the portion used fore entranceande exitt toap publiciroad shall be 50f feet. However, entrances (2) The minimum lot area ofe eachi individual manufactured home lots shall be 3,600 square feet for single- Noi manufactured. home and'anaccessory! building, shall occupy more than 30p percent oft the: area oft the (4) The minimum! lengthofar manufacturedl home lot shall be 90f feet; the minimum width shalll be 40f feet. On alll lots largert than theminimum, theratio ofl length tov widths shall note exceed 2.2t to 1.0. (5) No more than one detached manufactured home accessory structure shall be permitted on any  S  for existing parks shall bee exempt from this requirement. wide units and 6,000s squaref feetfor doublewide units.  loto on whichi itiss situated. manufacturedl homel lot. (Zoning Ord. 2003,1 18.1-913.03)  Sec. 24-612.1 Manufactured home parks setback requirements.  Alli manufactured! home parks shall meet thef following minimum setback requirements: (1) Noi manufactured. home unit, management office, or other structure except decorative fencing, lighting, wall, entrance orc other decorativei feature: shall bel located closer than 351 feet toa a street right-of-wayl line ofap public road with ai right-of-way of 501 feet or greater, nor closer than 60f feet tot the centerline ofa (2) No main or accessory structure shall be located closer than 25 feet to the property line of the (3) Noi manufactured! homes shall bep placed within 20f feet ofa another manufactured! home nor closert than ten  public road with: ai right-of-way ofl less than 501 feet. manufactured home park. feet tot thei manufactured! home lotl line. (Zoning Ord. 2003, $1 18.1-913.04)  219    Page 1150 of147  Sec. 24-613. General requirements for manufactured home park.  (a) No parki may bea a closed park where entryi is denied to anyone whol has not purchased his homef froma a dealer, park owner or operator. Nop parkr may alsos serve: asa a general retail orv wholesale: and demonstration ors storage (b) Every manufactured! home lot shalll be clearly defined ont the ground by permanent markers. There shall be posted and maintained: ina a conspicuous place one eachl lot: ai number corresponding tot the number of eachl lota as (c) Ani internal street system shall be provided to furnish convenient: access to manufactured! homel lots and other facilities in the park shall be designed such that connection to existing drainage and utility systems is convenient, and shall meet the following requirements in addition to such other reasonable standards and (1) All internal streets shall be permanently paved with plant bituminous material or other hard durable surface which shall be maintained free of cracks and holes and the edges of which shall be protected from raveling. Minimum pavement widths shall be 241 feet for streets providing access to 40 or more manufactured. homel lots, and 18f feet fors streets providing access toless than 401 manufactured! home lots. 3) Dead-end streets shall bel limitedi in length to 4001 feet,shall be provided with) çul- -de-sacs with turning areas oft notl less than 401 feet inr radius, or with' "T" or" "Y" turning areas, ands shall provide access ton no (4) Streets shall be approximately at right angles at'and within_100 feetof street intersections. Offsets at intersections ofl lesst than 125 feet from centerlinet tocenterline andi intersections ofr more than twos streets (5) Streetss shalll be: adaptedt tot thet topography, shall followt thecontours oft thel land: asi nearly asp possible, and shalll haves safe grade and: alignments. Nograde shalle exceed 12 percent or noc curve shalll have and outside (6) Lighting shall be providedin-such: way as toproduce a minimum of 0.1 footcandles at street level throughout the system,withat) least 0.3footcandles at street intersections, park entrances, and other Entrances shall be providedip-suficient, pumbers to ensure safe and convenient access and egress. Where thej proposed park adjoins twoor more public roads, entrances shall be provided on at least two public roads where possible, providedthat thei internal street system bes so designed as to discourage through traffic. Entrances: shall ber noo closer than 125 feet from ane existing public roadi intersection. (d) An: adequate supply of water approved by the state health department shall be furnishedi from aj public water supply system, or from aj private water system, or from: aj private water system conforming to alla applicable laws, regulations, resolutions, and ordinances with water connections. located one each manufacturedl home lot. All (e) Ine each manufactured home park, all wastewater: from ai faucet, toilet, tub, shower, sink, slopsink, drain, washingi machine, garbage disposal unit or laundry shall empty into the towns sewer system. (f) Each manufactured home park shall provide door-to-door garbage pickup for disposal in approved containers at a centrall location within the manufactured home park or provide adequate number oft trash containers ass specifiedb by thet town council, and sol locatedt toa allow the collection and disposal oft thes solid waste generated by parki residents only or by private contract for disposal ina accordance with applicable state and local laws. (g) There shall be provided ai minimum of 30,000 square feet of developed recreational area, exclusive of required setback and yardi requirements, pere each 251 manufacturedl homel lots or multiple orf fraction thereof. (h) Allu utilities shalll beu underground, excepto controli instrumentation: ands substations whichr must bes screened by planting or ornamental walls.1 No overhead wires are permitted within thej park.  areai fori manufactured homes.  shown ont thes site plans submitted: sot that each lot may bee easily identified. requirements as may ber recommendedl by the residente engineer:  Widths shall ber measured from curb facet to curb face. 2) No on-street parking shall bep permitted. more than 201 manufacturedl home lots. ato one point shalll bea avoided. radius of less than 80f feet.  potentially hazardouslocationsing Oraround the park.  water lines shalll be made frost-free.  220    Page 1160 of147  (i) Fencing or vegetative screening shall be provided to a height of six feet and such a density that no manufactured! home orr manufactured home accessory structure shall be visiblet toa casual observer on any side of amanufactured homep park abuttingt thel backyard ofa ai residential structure ort thes sidey yard ofai residentials structure, providedt thes screening does note extend! beyondt thes setback. line oft thes structure, providedt that, where natural features such ast topography adjoining properties, the zoning: administrator may waive requirements fors screening. Fencing, where required, shall ber maintained: ina a safe condition, shall bep painted and shall bel kepti in goodr repair. The management of manufactured! home parkss shalll bei in accordance with thei following requirements: (1) The minimum number of manufactured! homel lots and stands completed: andi ready for occupancy before thef first occupancy: is permitted: shalll be 12a andi nol lot ors stand shall bei rented forap periodo of less than 60 days. Prior to first occupancy, a certified statement of compliance shall be obtained from the zoning (2) Permanent buildings housing management offices, childcare ceniters, laundry facilities, or indoor recreational facilities or other service facilities may be permitted int manufactured! home parks, provided a. Shall meet parking requirements for such facilities asspecified in division2d of article VIII of this Shall bel located, designed andi intended tos serve the servicer needs of persons residingi int thep park; Shall present no visiblee evidence oft their nonresidential character toa any area outsidet the park; Shall meet all: applicable federal, statea amdlocalreguiremehis; pertaining tos such uses; and  (Zoning Ord. 2003, $1 18.1-913.05) Sec. 24-614.1 Park management: requirements.  administrator. such facilities: chapter;  Shall bes subordinate tot ther residential use andrcharacter ofthe park;  Shall not occupy moret than ten percent oft the area oft the park.  (Zoning Ord. 2003,1 18.1-913.06) Sec. 24-615.1 Manufactured home parksiter plan. and, ina addition, shall meet gratewiaens  Applicants fori manufacturdhomepaursshalfoloyaite plan procedures outlinedi ina article XId oft this chapter (1) The name oft thej proposedpark: shall bej included ont thes site plan and shall not closely approximate that ofa any existingr manufacturedhome) park ors subdivisioni int the town, county or neighboring jurisdictions. (2) Thel location: and dimensions of allexisting streets ands street rights-of-way, easements, water, sewerage, drainage facilities and other community facilities and utilities adjacent to the proposed park shall be (3) Allexistings significant natural andl historical features ond or adjacent tot thep proposed park, including, but notl limited to, views from thep property and views from: adjoining properties thati might! be affected by the (4) Thep proposed layout shalli includei interior streets with dimensions and sucht typical street cross sections and centerline profiles as may be required in evaluating the street layout; interior monuments and lot lines, dimensions, and areas of manufactured home lots, common open space and recreation areas, common parking: areas and other common: areas; locations and dimensions of manufactured! home stands and parking spaces, management offices, laundry facilities, recreation! buildings, and other permanent structures; location and nature ofi firefighting facilities including hydrants, fire extinguishers and other firefightinge equipment; location off fuel storaget facilities and structures ofhighi flammability;: andl location and dimensions of landscaping amenities including streetlights, sidewalks, planted areas, significant (5) A narrative statement shall bei included describing how the standards and requirements set forthl herein aret tol be met; as statement from thel health department certifying approval oft the proposed site plan; and  included ont the site plan.  proposed park shall bei included ont thes site plan.  natural features tob bei retained and fencing ands screening.  221    Page 117of147  a statement from the resident engineer certifying that alli ingress and egress to and from public streets  and: alleys meet the requirements of the state department oft transportation.  (Zoning Ord. 2003, $1 18.1-913.07) Secs. 24-616--24-633. Reserved. Sec. 24-634.Title. Towno of Amherst." (Zoning Ord. 2003,818.1-9142) Sec. 24-635. Definitions.  ARTICLEXL WIRELESSTELECONMUNICATIONS FACILITIES*  Commented [VH41): Given Code of Virginia, $1 15.2- 2316.3ets deleted seq. itwoulds seemt that this ordinance shouldbe andan new ordinance drafed. As specialu use permit cannot be required. See Code of Virginia, SS1 15.2-2316.4, 15.2-2316.4:1.1 Inc any event, section 18.1-914.3(1)s shouldbe deleted asc coveredbys section 18.1-1505. Sara willl look at  *Statel law reference--Zoningi forv wireless communications: facilities, Codec of Virginia, $1 15.2-23163etseq. This article may bel known: and cited: ast the' "Wireless' Telecommunications. Facilities Siting Ordinancei for the For purposes oft this ehapterarticle, and where noti inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When noti inconsistent witht the context, wordsi int thep present tensei include thei future tense, words usedi int thej plural numberi include wordsi int thes singular number and wordsi int thes singular numberi include thej plural number. Theterm Alternative tower structure means manmade trees, silos, clock towers. bell steeples. light poles. utility poles. buildings. and similar terative-design mounting structures that camouflage or conceal the presence of antennasor Antenna means communications equipment that transmits or receives clectromagnetic radio signals usedin Co-locate means toi install, mount, maintain, modify. operate. oraeplnceawireiess facility on, under, within, ora adjacent toa a base station, building, existing structure, utility pole.Orwireless support structure. "Co-location" Height. when referring to a tower or other structure, means thedistance measured from ground level tot the highest point ont the tower or other structure. eveni ift the bighest-pointi isanantenna or lightning rod. Small cell facility means a wireless facility that meersbothoft thefollowing qualifications: () each antennais located inside ane enclosure of no more thans six cubic feetin volume, orint the case of an antenna that has exposed elements. the antenna and all of its exposed clomentseouldty within àni imaginary enclosure of nor more than six cubic feet and (ii)a all other wireless SSA hasa a cumulative volume ofr noi more than 28 cubic feet, or such higher limit asi ise established by theFederal Communications Commission. The following types ofa associated equipment: arer noti includedinbecaleuhag ionofe equipment volume: electric meter, concealment, lelecommunications. demarcation bor.lackimpowers systéms, grounding equipment, power transfer switches, cut-off switches, and vertical 4pisainet power and other services. Tower means any  primarily for the purpose of supporting oneor more antennas. includings Asoporineatice towers. guy towers. or monopole towers. The term includes television transmission Tupn. common-carrier towers. wireless communications towers. Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications hetwork. including () equipment associated with wireless services. such as private. broadcast, and public safety's services, as well as unlicensed wireless services and fixed wireless services. such as microwavel backhaul, and (i) radio transceivers. antennas, coaxial, orf fiber-optic cable. regular and backup Aeeessery areHpy-oratrchre means an aeeessery faeility-er Struetures serving oF beingt usedi ine conjunetion SS elecemERHRIeAHORS- facilities and lecated on the same property OF let as the wireless eleemuications- facilities, ineluding, but not limited te, utilityer transmission- equipment sterage shedsor  "shal!lisa always-mandatory and motmerelydiretess  towers.  the provision ofa any type of wireless communications services.  has a corresponding meaning.  alternative towers structures, anduélike.  power supplies. and comparable equipment., regardless oft technological configuration.  Commented [EL42]: Each of thesed definitionsi ist borrowed frome either Virginia Code $1 15.2-23163or Goochland County Z.O. $1 15-288.  eabinets:  222    Page 118 of147  Antenna means a system ef eleetrieal cenducters that transmit OF receive eleetromagmete waves OF radie frequeney signals. Such waves shall inelude, but not be limited te, Fadie, televisien, cellular, paging, persenal Applicanf means any person submitting an applieation- tet the town for a speeial use permit for wireless AppHedtie means the form appreved by the couneil, tegether with all necessary and apprepriate deeumentation that an applieant submitsi ine order te eceive-a-special use permit for wireless telecommunications Cellecatien means the usee oft the samet elecomunications- tower OFS structure te earry twe OF mere antennas Cemereial PraEHeebi OF COEFCiClly preeticable means thei inability te perferm an act en terms that aret reasenable i eommeree. The inabilityt te-acheve-as satisfaetory finaneial return On investment OF prefit; standing alene, shall not bee censidered commercial impractieability- and shall not render an aet OF thet terms efa an Compleeeppkeation* means an application thate contains alli information and/er data mecessaryte-emable the couneil te evaluate the merits of the applieation, andt te make ani infermed decisien with respeet tet the effeet and impact of wireless eleePRRAIORS facilities en the town in the centext of the permitted land use for the Direet te heme satellite services OF6 direet breadeast serviee OF DBS means enly programming transmitted OF breadeast by satellite direetly te-subseribers premises without thet useefg ground P  services-(PCS)and: mierowave elesePiRRieAtORS  telecemuniceations facilities facilities-  Ceielmeans- thet towne couneile of the Town-efAmhest fort the provision ofs wireless services by tweer merei persens OFe entities  agreement commereially impraeticable.  CeHOHPe!h: means the Cemmonwealth ef Virginia  particular Hecation requested.  subseribers' premises orint the uplink precesst tet thes satellite- EPAH meanst the state and/er Federal Envirommental Pretection Ageneyeri  223    Page 119 of147  FAA meanst thel Federal Aviation Administration, eFi itse duly designated and autherized suecesser ageney. FCCmeans the Federal Communications- Commission, OF its duly designated and authorized suecesser Freestanding tewert means at tower thati is not supperted bys guy wires and ground anehers OF ether means of Height,When referring te-a-tower OF structure, means the distance measured from thei pre-e existing gradel level Medification OF Hedif-means, the addition, remeval OF change of any of the physieal and visualy diseernable omponents OF aspeets ef a-wireless fneility,sueh as antennas, eabling, Fadies, equipment shelters, andseaping feneing, utility feeds, ehanging the celer OF materials of any visually diseernable compenents, vehicular access, parking and/er an upgrade OF changeout ofe equipment for better OF mere modern a---- eaffier OF serviee- previder te a telecommuneations tower OF teleommenieations- site is a medifieation-A modilication- shall noti inelude the replacement of any components efa-wireless faeility-where the replacement is identical tet thee cempenent being replaced or for any matters thati invelve-the nermalsepaira and maintenanee-efa Persen means any individual, eerperation, estate, tfust, - oft twe Persenal wireless services eF PWS OF persenal twien OF PCS shall have the same Special Hse permit means the official fps a-applicanti is allewed e censtruet and Stealth OF stealth fechnelegy means minimize atlverse aesthetie and visual impaets On the land, property; buildings, ande otherf facilities adjacent FOuH dingandi ing generally the same area as the requested lecation of faeility thati is nott teehnelegieally emmere impraeticablet uindert the faets and eireumstanees: wire, Fadie requeney,light, andethere electrenie ere dasregale-ye* efthet "wirelesst telecommenieations: faeilities." exist for fewer than 90-days Tew meanst the Tewn of Amherst, Virginia  ageney attached OF external suppert.  te-thel highest point en thet Hewer-OFSIRueHure, evenifsaid highest point isana antenna:  wireless facility without adding, remeving OF changing anything AHERT means non-ienzinge cleetromagnetie: Fadiation: morei persens-l having aj jeint commen interest, OF any-ethere entity Persenal wireless facility See Wireless f meaning as defined and used int the 19967 Telemiaic use-Wireless elecommemieations: faeilities as gmmtorisudhpst towhr  -  such wireless elecemunications Feleemtmtieation: Stte.  Heh shall mean using the least visually and physieally intrusive  felecen miectiens faeilities -  Felecommemierations* means he'traesmissien) and reeeption- of audie, videe, data, and ether infermation-by Felecen Heatiens SIFHEFFE men-EReHre used i thei previsien of services deseribed in the definition Pemperary meansi inF relation to alla ptakp-.dFaing intendedit,ert that dees; Wireless elerPiPHiON, facilities OF eleeieHieS- tewerer eleePiPHiONS site OF persena! wireless facility means a strueture, facilityor lecation designed, eFi intended tel be used as, OFt used te suppert, antennas. The term "wirelesst telecommenications faeilities" Or elecommtuneations: tower" Oft telecommumications persenal wireless faeility"imeludes, without limit, freestanding towers, guyed towers, menepeles, and similars struetures thate empley eamoullaget technelegy, ineluding, but notl limited te, struetures such asamulti story building, ehureh steeple, Sile, water tewer,sign-er other similar struetures intendedt tet mitigate the visual impaet of tenna eF the funetional equivalent of such. The term "wireless telecomaumications- facilities" OF elecommtnieations: tower" Of elecommeneaton: site Of personal wireless faeility"s-as strueturei intended for transmitling and/or receiving Fadie, televisien, eellular, paging, 911, persenal telecommaunications- services, commercial satellite services, OF mierowave elPePERBRKEORS, but exeluding these used exelusively for the town'si fire, peliee and ethere dispateh elecommenieationse Orexelusively fori private Fadies andt televisiont reeeption  and privatee eitizen's bands, amateur Fadie ande ethers similar elecePiRRieAtORS  224    Page 120 of147  (Zoning Ord. 2003, $1 18.1-914.4) Sec. 24-636. Purposes- and legislativei intent.  fhefelkcommeesio, Actef1996#ffimmek thet town's autherity eoneerning the plaeement, constructions and medification of wireless eleceRRAHIONS- facilities. The town couneil finds that wireless telecemmunieations- faeilities may eauses at tnique impaet te the health, safety, publie-welfare and environment of thet town andi its-cilizens fhet town alse recegnizest that facillitating the develepment of wireless-service technelegy ean be ane ecenomie develepment asset tet thet town ande efs significant! benefit e thet town and its residents. In erder to ensure that the plaeement, eonstruetion Of medifieation of wireless telecommenications- faeilities is eensistent with the town'sland use policies, the town S adepting *.spehemae wireless elecemRCAtORS facilities applieation and permit precess The intent oft this articlei IS te minimize the negative impact of wireless telecommenieations: faeilities,e establisha Faif and effieient preeess fort review and apprevale of applieations, ensure ant integrated, cemprehemsiverewiewraFemviseRmeia impacts-ofs such facilities, and proteet thel health, safety and (I) To encourage the location oft towersi inr nonresidential areas and minimize the total number oft towers and (2) To strongly encourage the joint use of new and existing tower sites. and use of existing utility (3) To encourage towers located in areas where the adversei impact on the community is minimal: (4) Toencourager users oft towers and antennas tol locate. design, and configure themi inav way that minimizes their adverse visual impact. and makes them compatible with surrounding land uses. to the extent (5) To provide adequate sites for the provision of wireless communication: services with minimal negative (6) To encourage public/private partnerships. where possible, that promotet the county's communications (7) Tos strongly encourage the use of monopoles and camouflagéfort towers locatedi or near residential  Commented [EL43): Regulation of wireless telecommunications facilities ont theb basis ofe environmental and! healtho concernsi is preempted! by FCCr regulations. T- Mobile Ne. LLCV. City Councilof! Newport) News, 674F.3d 380(4th Cir. 2012). Commented [EL44): Federal ands statel lawr require relaxed application! processes fors small cellf facilities and administrative: review-eligible projects.  welfareofthe-own: Ther purpose oft this articleis: towers sites throughout the community: transmission rights-of-way: possible:  impact ont the county's resources:  needs. especially fire and emergency rescue services: and  areas. (Zoning Ord. 2003,918.1-914.1) See.2 24-637. Severability.  Commented [EL45]:1 These are legitimate purposesf for regulations of wirelesst telecommunications: facilities, which aren notp preempted! by new developmentsi ins statel lawa and FCCr regulations. Thep purposes listed! here are derivedi from Goochland County Z.O. S 15-288.  (a) Hfany werd, phrase, sentenee, part,seetior thereof te anyi persen OF eireumstance is-d deelared void, unee uneenstitutional, eFi invalid, shall remaini ame permit 1S deemede orruled-o-be-ineet everturned lysempeestauhs d) Zoming0rd-2003,  portioneft this artiele-e OF any applieation Finvalid for any reasen, then such werd,  phrase, sentenee, part,section, subsection,ere ether portion,ert roseribed application thereef,shall be-severable, and the remaining previsions of this chapter-anda applieations thereef, not having been deelared veid, (b) Any-speeialt use permit issued unde iehaptershallb bee comprehensives and not severable. Ff part ofa  ntor bielany-materialn respeet, by-a-cempetent autherity,eris Heeidintolal,upanw determination by thet town-couneil  Sec. 24-6371 Exemptions for small cell facilities allz zoning districts subject to the following standards:  (a) Notwithstanding any other provision int this chapter, small cell facilities are permitted by righti in (1)Thes small cellf facility isi installed byay wireless services provider or wireless infrastructure  provider on an existing structure:  225    Page 121 of147  (2)The wireless services provider or wireless infrastructure provider has obtained permission fromt the owner of the existing structuret to co-locate the small cellf facility on the existing structure and to CO-locate the associated transmission equipment on or proximate to the (3) The wireless services provider or wireless infrastructure provider notifies the town; and (b) Permit applications for small cell facilities willl be reviewed and approved asf follows: (I) Permit applications for the installation ofs small celli facilities will be approved or disapproved within 60 days of receipt oft the complete application. The 60-day period may bee extended by staff upon written notification tot the: applicant, fora a period not to exceed (2) Within 10 days of receipt of an application and ay valid electronic mail address for the applicant, the applicant willl bes sent an electronic mail notification ift the application is incomplete. Ift the application is determined tol bei incomplete, the notification will specify the missing information which needs tol be includedi ina a resubmission in order to complete (3) Any disapproval of the application willl bei ins writing and accompanied by an explanation for the disapproval. The disapproval may bel based only on any oft the following reasons: Material potential interference with other pre-existing communications facilitiesor withf future communications: facilities that have already been designed and planned foras specific location ort that have been reserved for future public safety  existing structure: (3)A building permit is approved.  Commented [EL46): Thep purpose oft thiss subsectioni isto bringt thea article intoc compliance with Va. Codes1 15.2-  2316.4.  an additional 30 days.  the application.  communications facilities.  (i) Public safety or other critical public service needs.  (n) Ift thei installation is to be located on ori inj publicly owned or publicly controlled property, aesthetic impact, or the absence of all required approvals from all departments. authorities. and agencies withj jurisdiction over such property.Ifthe installation ist tol bel located on privately owned structure and the applicant does not provide an agreement from the owner of the structure.  Sec. 24-638. Other exemptions  Ka) Notwithstanding any provision tot the contrary. telecommunication: facilities that exceed, as installed. 501 feeti in height, are permitted by right under this chapter, but shall require (I)a administrative review for thei issuance of a zoning permit, and K2) submission to and approval by the planning commission of the general or approximate location, character, and extent of the facility as being substantially in accord with the town's adopted comprehensive plan or part thereof, unless the facilityis already shown on the adopted master plan or part thereof or is deemed so under Virginia Code $15.2- kb) Amateur radio and receive-only-antennas. These regulations do not govern any tower, or the installation of any antenna, that is operated by a federally licensed amateur radio station operator oris used exclusively for receive-only: antennas for amateur radios station operation. (c) Existing structures and towers. The placement of an antenna on or in an existing structure such asab building, sign, light pole, utility pole, utility tower, or tower, water tank, or other free- standing structure is permitted without a special use permit sol long ast the addition of the antenna does not add more than 201 feet or 25 percent, whicheveri is less. to the height oft thes structure. and does not require  Commented [EL47): See Va. Codes1 15.2-2316.4:1. Commented [EL48]: Requiring Planning Commission reviewi is optional. An: alternative provision mightr read: "Towerst that arel lesst than 50f feet! high and meet allz zoning witht requirements: thec comprehensive are deemed plan." tol bes substantially in: accordance  2232(D).  226    Page 122 of147  additional lighting pursuant tol Federal Aviation Administration or other applicable requirements. Additional structures equipment needed in connection with the antenna may be placed sol long asi itis placed within the existing structure or property. Building permits are required. d)N No special use permit shall be required for telecommunications facilities such as antenna removal, replacement ori installation, wiring, electronic gear and ground-mounted facilities associated with wireless telecommunication' towers existing on or before the effective date oft this Ordinance orona wireless telecommunication: tower for whicha as special use permit has been obtained. Permit application fees under this articles shall be as follows: $100e eachi foru upt toi five small cell facilities on aj permit application: and $50f fore each additional small cell facility on apermit application: 5.000.00f for any other wireless telecommunications facility. Sec. 24-640. General guidelines and requirements. does not preclude thei installation of antennas or towers ont thel lot. (b) Design. These requirements govern elecommunication facilities: aneutral, non-reflective color with nol logos. setting ands surrounding structures.  Commented [EL49): Subsections (b)a and (c) areb borrowed from Goochland County Z.O. $15-288. Commented [EL50): This paragraph was addedb by Hobbs,  buti isr relocated.  Sec. 24-639. Application fees.  Commented [EL51): These: aret ther maximum feest that may bec chargedi under Va. Codes1 15:2-2316.4(B)2) Commented [EL52): Thisi ist ther maximum feet that may! be chargedi under Va. Codes1 152-231641B)d). Commented [EL53): This feea amounti is thes status quo amount, currently listed inc our Zoning Ordinance fors such  55001 for wireless telecommunications facilities (other than small cell facilities) under 501 feet inl height!  applications.  (a) Principal or accessory use. For purposes of determining compliance with area requirements, antennas and towers may be considered either principal or accessory uses. Ane existing use or an existing structure on thes same lot (1) Towers must either maintain a galvanized steel finish or, subject to any applicable standards oft the Federal Aviation Administration. be painted a neutral color. tor reduce visual obtrusiveness. Dish antennas willl beof (2)Ataf facility site, the design of the buildings and related structures must, to the extent possible, use materials. colors. textures. screening, and landscaping that will blend the telecommunication facilities to the natural (3) Ifana antennai isi installed lonas structure other thanatower. the antenna and supporting electrical andi mechanical equipment must be of aneutral color that isi identical to, or closely compatible with, the color oft thes supporting structure, so ast tor make the antenna andi related equipment as visually unobtrusive as possible. (4) Towers cannot be artificially lighted, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required. the town may review the available lighting alternatives and approve the designt that would cause thel least disturbance tot the surrounding views. (5) No advertising may be placed ont the telecommunication facility unless as part of retrofitting an existing sign (6) Topermit co-location, at tower should be designed and constructed top permit extensions toal maximum) height of1 1991 feet.e except as otherwise provided in an approved conditional use permit. (7) Towers must be designedt to collapse. in case of structural failure. within thel lot] lines. and the fall zone must bel located entirely ont the property thet tower isl located on. (8) Except wheret the provisions of an approved special use permit or other government regulation restricts the tower height, or where a stealth designi is used, an engineering report, certifying that the proposed toweris compatiblei for co-location with ar minimum of four users. including the primary user. must bes submitted.IF the tower heighti is restricted, or a stealth designi is used and the tower cannot accommodate four facilities. then a report must bes submitted that describes the designl limitations for co-location. (C) Federal requirements. All towers and antennas must meet or exceed current standards and regulations oft the Federal Aviation Administration. the Federal Communications Commission. and any other agency of the federal government with the authority to regulate towers and antennas. This requirement includes meeting all Federal  Commented [EL54]: Va. Codes S 15.2-2316420A)(6) restrictions prohibits al locality fromp proposing "unreasonable" on" "the presentation or appearance ofap project, including unreasonable requirements relatingt to. thel kinds ofn materials used." These restrictions are reasonable, inr mys opinion.  structure.  227    Page 1230 of147  Communications Commission regulatory emission standards. regulations. Al building permiti is required.  (d) Building codes. To ensure the structural integrity of towers. thet tower owner must ensure thati itis designed and maintained in compliance with standards contained in applicable federal. state. andl local building codes and (e) Access to the site. Site access tor monopole towers must be. atai minimum. al 12-foot wide gravel access road designedt tos support 75.000p pounds with four feet ofc clearance one either side. Latticet towers mustl have, atan minimum, (D Security fencing. Towers are required to be enclosed by security fencing not less than six feet high and  Tower facilities must be landscaped with al buffer of plant materials that effectively screen the view oft the support buildings from: adjacent property. Thes standard buffer will consist ofal landscapeds strip at least four feet wide outside the perimeter of the facilities. The applicant may propose off-site landscaping ift that better mitigates the visual impacts of the proposedf facility. Ins such cases.av written agreement must be provided to evidence approval by the property owner on which the landscaping (2) Existing mature tree growth and natural landforms on the property should be preserved to the maximum extent possible. Ins some cases. such ast towers sited onl large. wooded] lots. the county may determine ther natural growth around the property perimeter may bes sufficient buffer. (h) Removal ofc abandoned facilities. Any telecommunication' facility that is not operated for continuous period of121 months is considered abandoned. and must be removed within 90 days of abandonment or ac county notice requiring thei removal. Removal includes thei removal of the tower. all tower and fence footers. underground cables  a20-foot wide graveli road designed tos support 75.000 pounds. equipped with an appropriate anti-climbing device. (g) Landscaping. Landscaping isr required as follows:  willl bel located.  Commented [EL55): Va. Code $1 15.2-231642(A)6): says that "unreasonable." restrictions ons screening: andl landscapingr must not be These restrictions are reasonable, inr myc opinion. Commented [EL56): This Sectioni isp primarily! based offof Goochland County Z.O. Section 15-288.  and support buildings. but thel buildings may remain upon the owner's request. Sec.24-641. Special Usel Permits for Wireless Telecommunications Facilities.  (a) Information required. Each: applicant requestinga aspecial use permit must submit the following: (As scaled plan.a ascaled elevation view. and other supporting drawings. calculations. and documentation. signed and sealed by a state licensed professional engineer, showing the location and dimensions of all improvements, including information concerning topography. zoning, vegetation buffers. tree heights. tower height requirements. setbacks. drives. parking. fencing. landscaping and adjacent uses and adjacent (2)Ac certification from al licensed professional engineer experienced with the design and operation oft towers and antennas that the emissions from the facility will not exceed thel Federal Communication Commission (3)_The: applicant'ss statement agreeing toallow co-locationont the proposedt lower.andco-losation. ofasecond tower on the site, where appropriate, and that the lease agreement will not prohibit or discourage co- (4) Applicant must provide at least two actual photographs oft the site that include simulated photographic images oft the proposed tower." The photographs with thes simulatedi imager must illustrate how the facility willl look from adjacent roadways, nearby residential areas, or public buildings such asa as school, church etc. County staff reserve ther rightt tos select thel location fort the photographic images andr require additional images. Applicant must also conduct a' "balloon test" to demonstrate the height tofap proposed tower and provide the community development staff with atl least 48-hours notice oft the test. (5) The community development department may require other information deemed necessary to assess article. an applicant must obtain a special use permit before erecting telecommunication facilities. The following  buildings.  maximum permissible exposure standard. location, or,i ifs so. ther reasons therefor.  compliance. (I) Proposed height:  (b) Factors considered in granting as special use permit for a new tower. Except as otherwise provided in this- Formatted: Indent: Firstl line: 0.23", Tabs stops: 0.63",  Left  factors will be used inc determining whether toi issue a conditional use permit:  228    Page 124 of147  (2) Proximity tor residential structures, residential district boundaries, and other visually sensitive facilities, (3) Nature of the uses and impacts oft the proposed facility on adjacent andi nearby properties:  such as churches and schools: (4) Surrounding topography: (5) Surrounding tree coverage and foliage: visual obtrusiveness: (7)P Proposed ingress and egress: (8) Co-location policy and efforts to Co-locate: (9) Consistency with the comprehensive plan; (10) Availability ofs suitable existing towers and other structures: and  (6) Design, with particular reference tod design characteristics that havet the effect ofr reducing ore eliminating  (11) Proposed methods ofi mitigation for the visuali impacts. including proposed landscaping or screening. kc) Public Hearing Requirements. Prior tot the approval of any application for a special use permit for wireless telecommunications facilities. public hearings shall bel held by thet town planning commission and council. notice of whichs shall be publishedi inan newspaper ofr recordi in accordance with ther requirements fors such publicl hearings as prescribedi in Code of Virginia Title 15.2 oft the Codeef Virginia, 1950. as amended. In order that the town may officially notify nearbyl landowners. the applicant. att the time ofs submission of the application. shall be requiredt to provide names and address of alll landowners whose property isl located within 1,500f feet of any property line ofthe lotony which the new wireless telecommunications facilities are proposed tol bel located. (d) Scheduling ofar public hearing. The planning commission and town council, respectively, shall schedule the public hearings referred toin this section once iti finds the application is complete. The council. atany stage prior toi issuing aspecial use permit. may requires such additional information: asi ito deems necessary.  Commented [EL57): Theset two paragraphs are relocated from our original wirelesst elecommunications. ordinance.  See. 24-638. Overall peliey and desired goals for special use permits for wireless telecemmamnications n-erdert tee ensuret that the placement, censtruction and medification of wireless elecemuications* facilities proteets the town's health, safety publie welfare, envirommental features and other aspeets of the quality of! life specilically listed elsewhere in this chapter, the town couneil hereby adepts an everall polieywith respeet te-a speeial use permit for wireless telecommenieations- faeilities fort the express purpese eft aehieving the fellowing (1) Implementing an applieation preeess for persen seeking-a-speeial use permit for wireless (2) Establishing a poliey for examining an application- for andi issuing a-special use permit for wireless 3) Establishing reasenable- timeframes for granting OF not granting a speeial use permit for wireless elesePRHicAtiOns- facilities, er recertifying OF net recertitying, oF-revelking the speeial use permit Prometing and encouraging, wherever pessible, the sharing and/er cellecation of wireless ) Prometing and eneouraging, wherever pessible, the plaeement, height and quantity of wireless eleerRRicatiens- facilities in such a manner, ineluding, but not limited to, the use of stealth technelegy te minimize adverse aesthetie and visual impacts ent thel land, preperty, buildings,and ether faeilities adjaeent te, surrounding, and in generally the same area as the requested leeation of sueh wireless eleemunicaltions: facilities, whichs shall mean usingt thel least visually and physieally- intrusive faeility thati 1S1 nott gep impractieable undert the faets ande eireumstanees  faeilities: geals:  Commented [EL58): Regulation of wireless telecommunications. facilities on theb basisc ofe environmental and! healtho concernsi is preemptedby FCCr regulations. T- Mobile Ne. LLCV. City CouncilofA NewportA News, 674F.3d 380(4th Cir. 2012).  eleePRHRAIORS: facilities  telecommtnieations: faeilitiest thati is-beth fairs and eensistent  granted under this ehapter  eleeRHRieAtiOns: facilities ameng services previders  (Zeninge Ord.2003,  4.59  229    Page 125 of147  See. 24-639.Special- use permit applieation and other requrements.  (a) All applieants for a-special use permit for wirelesst elecemRRiCAtiORS: faeilities OF any medification of such facility shalle comply with the requirements set forth in this section. Thee couneil ist the officially designated ageney OF bedy of the community te whom applications fora a special use permit for wireless elecereRications faeilities must be made, and that is autherized te1 review, analyze, evaluate and make decisiens with respeet te granting OF not granting, feeertilying OF not reeertitying, OF reveking speeial use permits for wireless elecemRRicAiORs: facilities. The couneil may ati its diseretion delegate OF designate ether official agencies et the townt to-a accept, review, amalyze,evaluate: and make recommendations tet thee couneil with respeet tet thes granting OF not granting, feeertilying OF not reeertilying OFt reveking speeial use permits for wireless telecommunieations (b) An application- for a special use permit for wireless elecemRRicAiORs- facilities shall be signed on behalf oft the applieant by the persen preparing the same and with knewledge-eft the eentents and representations made therein and attesting tet thet truth and eompleteness of thei information. The landewner, ifdifferent thant the applieant, shall alse signt the application. ALE the diseretion oft the couneil,any false OFF misleadings statementi int the application may-subjeet the applieant te denial eft the application withoutf furthèr consideration OFE oppertunity for  facilities  cerrection.  e Appleations noti meeting the reguirements stated! etherwisei incemplete, may be rejected byt the couneil (d) The applicant shalli ineludeas statementi iny writing:  hat the applicant's propesed wireless- federal aws, Fules, andr regulations commenwealth wireless telecemmu and appreved-by thecoumeil,and Al appheations fer  of the couneil, are shall be maintained inas safe  manner, and ine compliance witha alle leondiisofe ares permit, withoute exception, unless specifieally -- a-applieable and permissible leeal ordinanees, and regulations ineludi y and applicable town, commonwealth- and Hhat he eonstruetion ofthe wireless teleee mmunications- faeilities is legally permissible, ineluding, butnet imited othefact that the applieant is authorized te de business in the    shall isaledarceminsaa until thes site planis-reviewed tion erinsiallation oft new wireless telecommemications: faeilities shall  Pemithgfhemissed  bea accompanied byarepert centaining einfemmayen hereinafter set forth. The repert shall bes signed by-alieensed protessienal engineer registered in thee emmenwealth- Where thiss section ealls for certifieation, such certification shall be bya qualified professional engime-fasteplablet tet thet town, licensedi in thee commenwealth The application shalli inelude,  additiont tet the ether requirements for the special use permit, the fellewingi information: () Documentationt thate demenstratest the need fort the-wireless eleeERHRHEAEOBSH RMillyiepewadesemie (2) - Name, address andt telephone number oft the persen preparing the report; (3) Name, address, and telephene numbereft thej Pepertyewe,eperaoamdappleas to-ineludet the legal Pestal address and tax mapt pareel number of the property; Loning distriet erdesignation in whieht thej propertyissitated,  primarily within thet town; forme ef thea applieant; a let lines;  thej property stated bothi ins squaref feett and let line dimensiens, .  7) Leeation of nearest residential strueture; (8) Lecation of nearest habitable structure;  (9) Leeation, size and Regh-oFAlsNeres: en thes preperty-whieh is thes subjecte of the application; (10) Leeation, size and! heightofa all propesed and existing antennas and all appurtenant struetures;  230    Page 126 of147  (11) Type, leeations ande dimensiens et all propesed and existing! landseaping and feneing; (12) The number, type and design oft the eleemunications- tower antenna propesed and thel basis for the ealeulations ef thet elecemunicatios* tewerseapaeity to-a accommedate multiple users; A deseription-of the propesed tower and antenna and all related fixtures, struetures, appurtenanees and apparatus, ineluding height abeve pre existing grade, materials, celer and lighting: hhe frequeney, modulation and elass of servieee of fadie OF other transmitting equipment; 16) Transmission and maximum effeetivet Fadiated power ef thet antenna; (17) Direetien oft maximum! lebes and asseeiatedi Fadiation oft the antenna; (18) Certifieation that! NIER levels-at thes propesed sitet are within thet thresheld levels adepted byt the FeC; 9)-Certifieation that the propesed antenna will net eause interferenee With-existing elecommumeatiens devices, theught thee certifyinge engineer need not be apprevedb by thes town 20) cepyof the FCClieensea applieable fort thet use ofwirelesst telecomm munications facilities; 21)Certificatien that a topegraphie and geomerphelegie studyané analysis takingi inte aeeount thes subsurfaeet and substrata, and thet propesede dreinaget plan,tha the-sitei isa adequate tee ensuret the stability ef thej propesed wireiesielessm-acaw thee eertifying engineer need net bea appiovedhy-theyen (22) Propagation studiese ef the prepesed sitea y OF existing sites; (23)-Applieant shall diselesei in wriling anya sw-iepe: to-sabmission oft the application that would limit OF preelude thet ability oft thgappleantte teshare anypew-t telecemmunieation tower thati it 8 n the ease efas newt telecommunication ve,theapNaeants shall be required te submit awritten repert demenstrating its efforts te secure shared useef htisew tower OF usee of existing buildings-er (h) The applieant shall C that the elecommunication- facility, foundation and attachments are designed andy Mbecnele: meet all leeal, town, commonweall- and federal structural () The applieant shall furnish written eertifieation thatt the wireless telecommenications- faeilities will be effectively grounded and bended se-as tproteet persens and property and installed with approprate surge  13 The make, model and manufacturer oft thet tower and antenna;  cendueted, and that epropesedsite, though  eonstruets  other struetures within thet town. Cepiese Written Fequirements for Heads, ineluding windaid ieeleads  ndespensest fors shared use shall bet previdedt to the  couneil  proteetors:   The applicant shall fummisha-visual impaet assessment which shall inelude:  1)Azone ofvisibility map-which shall be providedine order to determinel lecations where thet tower (2) Pieterial representations- oft before and after views from! key viewpoints beth insides and outside-ef thet town, neluding, but netl limited te, state highways ande ether majer roads; state and leeal parks; ether publie lands; histerie distriets: preserves and histeries sites normally-epent tet the publie, and from any ether leeation where thes siteis-visiblet tealarge number of visitors,t tveiersorresidemts: Guidance willbe previded, concerningt the appropriatel key sites at apre-a application meeting. 3 An assessment oft the visual impaet ef the tower base, guy wires and aceessery buildings from )Any-and all representations- made by the applieant tet the couneil, ont the record, during the applieation preeess, whether written OF verbal, shall be deemeda-part oft the application and may- ber relied upon in goed faith ( The-applieant Shall,RA-ABReF: appreved byt the-couneil, demonstrate and previdei inwitinganderby  may be-seen  abutting and adjacent properties and streets  by-thee couneil  231    Page 127 of147  drawing hew its shall effectively/sereent from view its propesed wireless elecemRiCatiOns: facilities base and all (m) All utilities at a wireless elecePRicAtiONs- facilities site shall be installed underground and in compliance with all laws, ordinanees, Fules and regulations of the town, ineluding specifieally, but net limited te; the Nationall Eleetrieal Safety Codea and thel National Eleetrieal Cede, where appropriate. Thee couneil may waivee OF varyt thet requirements eft underground installation oft utilities whenever, int theepinion oft the couneil, sueh varianee eF waiver shall not be detrimental tet the health, safety, general welfare ande enviremment, ineluding the visual and (n) All wireless elecemRRicAtiOns: facilities shalle contain a demenstration that thet facility be sited se-as te have the least adverse visual effeet On the envirenment and its eharaeter, on existing vegetation, and On the (e) Beth the wireless elecommunieations: facility and any and all accessery OF asseciated facilities shall maximize the use ef building materials, celers and textures designed te blend witht thes structuret te whichi it may be affixed and/ort to-harmenize-witht ther naturals surroundings, this-shalli ineludet the-utilizationefs stealthere eoneealment p) Aem.Nw site, an access read, turn around space, endpaking shall bei previded toe ensure adequate emergeney and serviee aeeess. Maximumt use ofe existing reads ether publie-er private,s shall bet made te the-extent praetieable. Read eonstruetions shall at allt timest minimite ground disturbanee and vegetation eutting Read grades-s shalle elesely fellew naturale centourst tee ensure minimelisu turbanceare reduce seile eresion- town, town, commenwealth, OF Uniteds States, ineluding butnet! limitedte themestr recent editions eft the National eedes thati include, but are netl limited to, censtructien, building eleetrieal,ire, safety, health, and land use cedes- force and effeet, foras lengas ERPARBFS other govermental entity-erageney having, jurisdetionever (s) An-applieant shall submitt to-the-townt thet number of eempleted applieations determined-te be-needed-at thej prea appleation meeuing Written nolifeation oft the application- shall alse be previded te the county beard of  The applieant shall examine the feasibility of designing a propesed telecommunications- tower te accommodate future demand for atl least five additional commercial applieations, for example, future collecations- The seepe of this examination- shall be determined by the couneil. The telecrRHRicatiOns- tower shall be strueturally designed te accommedate at least five additional antenna arrays-equal to these of the applieant and leeated as elese te the applieant's-a antenna as pessible without eausingi interference. This requirement may be waived, provided that the applieant, in wriling, demenstrates that the provisions of future shared usage-ef the elecommtnieations* toweri ist not technelegieally feasible, ise eommereially impraetieablet Orereatest ant unneeessary (1) The foreseeable number et eC licenses available fort the area; (2) The kind of wireless elecemRHRCAHORS: facilities site and strueture propesed; (3) The number ef existing and potential lieenses-withou wireless eleePRHREAtIONS- facilities (4) Available space ene existing and appreved eleeRUReAHORS: towers (u) The applieant shall submit tet the couneila-letter of intent commilling the ewner ef the propesed new  felated faeilitiest ands struetures:  seenie eharacteristies eft the area  residencesi int the area oft the wireless eleemuications- facilities-s sites  technelegy, as may required by the town  () A persen whe holds at special use permit for wireless eperate, maintain, repair, provide for remeval ef, medifyor ste facilitiesi in striet compliance with alle eurrent applieable techniea Eleetrieal Safety Codet andt thel Nationall Eleetrieal Eode, practices and recommended practices of the National Ass f thet event of acenfliet between OFE ameng anyoft and licenses required by pplieab the applieant  munications facilities shall censtruet, mmitted wireless telecommunications safety-related cedes adepted by the eeptedandt fesponsible werkmanlike industry ewer Ereeters. The codes referred te are iing thei mere stringent shall apply nele shall obtaift, ati its owi expense, all permits  der of a speeial use  granted  linenee,ile regulation- OF cede, and must maintaint the same, in full  superviserst by thet applieant att thes samet tinjet the-appheation is filed witht thet towit  and unreasenable burden, based upen:  spacesisites;  232    Page 128 of147  tower, and his suecessers ini interest, te negotiate ins geed faith for shared use of the propesed tower by other elecommumieations previders in the future. This letter shall bef filed with the eouneil. Failure to abide by the eenditiens outlinedi int thel letter may bes grounds fort revecatien oft the-specialt use permit.Thel letter shalle commit the (1) Respend within 60€ dayst toa request for information from potential shared use applieant; 2) Negotiate in geed faith concerning future requests for shared use ef the new tower by other 5 Hew shared use of the new tower 1 anether telecommunications provider agrees-in-writing te pay reasenable charges. Thee charges may inelude, but are not limited te,a pre Fata share of the cest of site selection, planning, preject administration, land cests, site design, construction- and maintenance finaneing, return On equity,less depreeiation, and alle ofthe-eests-ef adapting thet towerere equipment te (V) Unless waived by the couneil, there shall beas pre application meeting he purpeseef the pre applieation meeting WI be te address issues which will help-t te expedite ther review and permitling process.A pre application meeting may alsei inelude a site visit  required. Cests eft the town's consultant tei prepare for and attend the pre- (w) The helder efa-special use permit shall notify the towne any intended medification- of a wireless  new towere ewner and their sueeessers ini interest te:  telecommenieations previders;  mmedate a-shared user without eausing eleetremagnetie interferenee.  appheation meeting will bel bernel by the applieant.  telecommunication: facility and shall applyt te thet townt tes medify reléeate Hd () In erder tet better inform the publie, in the ease etanew prier te the publie hearing ont the applieation, held a"balleen test" eft the propesed new tower. The dates, (ineludinga ecend and leeation oft this balleen test shall bea advertised byt the apE  telecorHRietions nication tower, the applieant shall Applieant shall arrange te fly,er Peer visibility ont thei initiale date)t times even and 14 daysi in advance- oft thet first  faeility  Faiset upon at temperary mast,a minimum ofat three foote diamete brightlye lered balleen att the maximum height test datei in-at newspaper with a general eireulation intowns and 8T edt tet by the eouneil. Thet applieants shalli inform the couneil, in writing, et the dates andt timesef thet lestatl least1 14 daysin advanee. Thel balleons shall be flewn for atl least eighte consecutivel hours semetimeletwees 7:00-amrand 40pmefe the dates chesen. Thej primarye dates shall be-ora-weekend, butt thes seeend date, emseofpoor visibility Ont thei initial date, may be OnE aweekday- erferane existing strueture-ert building wheret the application inereasest thel heighteft thes strueturee ork building Ifthis analysis determines that thel AAF must ntaeted, then all filings-with the FAA, all respenses fromt thel FAA-and  6) The applieant will erganization, te determine if faeilities requires lighting under Feder  analysis, completed by a qualified individual OF existing structure intended te suppert wireless Regulation part 77.3 This requirement shall be fora any new tower  -  pateN be1 mayfimHimeyme. See.24-640. Lecation ef wireless elecemmunicatiens" facilities-  Loning  $18-1-914.6)  (a) Applieants for wireless eleePERREAHORS- facilities shall leeate, site and ereet said wireless teleemmumiestions faeilitiesi int aeeordanee with thet following priorities, one being the highest priority and four (1) Onexisting Helecemuicatiens towers-erether tall struetures withouti inereasing thel heighte ofthet tower (2) Cellecation ona asite with existing wireless telecommunications* facilities-ers struetures;  beingt the lewest prierity: erstrueture; (3) On town owned properties; (4) On ether property int thet town  (b) thei prepesed preperty sitei is not the highest prierity listed abeve, then a-detailed explanation must be provided as te whyas site ef a higher priority was net seleeted.The persen seeking sueh an exeeption must satisfacterily demonstrate the reasen OF N:lysh#pe should bes granted fort thej prepeseds site, and the  233    Page 129 of147  hardship-t that would bei incurred by the applieanti ifthep permit were notg granted for thes proeposeds site (e) An applieant may netl bypass- sites of! higher prierity bys stating the site presented is the enly site leased erseleeted. An application shall address cellecation as an option- andi ifsuche option is not propesed, the applieant muste explain why cellecation ise commercially OF etherwisei impracticable.. Agreements between previders limiting er prehibiting cellecation, shall not beavalid basis for any elaim ef commercial impraetieabilityerk hardship- (d) Newithstanding the abeve, the couneil may appreve any sitel leeated within ana areai int the abeve list of prierities, providedt thatt thecouneill findst that the propesed sitei isint thel besti interest oft thel health, safety and welfare (e) Theapplieant shall submit awritten repert demenstrating the applieant's review of the abeve leeations y, demenstrating thet technelegieal reasen fort the site selectien. Ife thes site seleetedi is-nott thel highest orierity, thent a-detailed CPN REeFghetproriy were net seleeted shall bei ineluded () The applieant shall, inv wriling, identily and-diselese ther number and lecations of any additional sites that the applieant! has been, S, OF WI be censidering, reviewinge er planning for wireless eleceommunications: facilities int the county, ineluding the area within thet town, forat we-yeart periedfllewingt thee date oft the application (g) Notwithstanding that a potential site may bes situatedins ans aret ofhighestp prierity-er highest available prierity, the couneil may disapprove an application fora anye oft thef fellwiRRreAsOnSL 4 Cenfliet with safety and safety relatede cedes and eqHieERIS (2) Conflict with traffie needser traffiel laws,eré definitive plans-forch siniaffief flow-er traffie laws; 3 Cenfliet with thel historie RaFAmighea 4) The use OF construction of wirelesst telecemmunat purpese efaspecilie: zoninge eF landused esig placement and en unaeeeptable fisk,or mpleyees et the servie Cenfliets with thej previs (h) The site must be Industrial Distriet: Zening 0R42148.947  eft thet tewn andi itsi inhabitants with thea applieation.  Caldistriet;  Mehis-centrary te-an already-stated asiie-whieh-woal ereate an ts, the publie, empleyees ande agents oft thet towi; Commercial Distriet, E1 Business Park Distriet,er-M  ncèt previders;  ee. 24-641. Shared use ef wireless eleempunications facilities and ether struetures.  (a) Shared use ofe existing wirelesst ecommunications facilities shall be preferred by thet town, as oppesed te-thes propesed eenstruetion of anewt telecommenications tower. Where suehs shared usei ist unavailable, leeation-ef antennas on other pre existing struetures shall be considered and preferred. The applicant shall submit a comprenensive repert inventerying existing towers and ether appropriate structures within four miles of any propesed new towers site, uinless the applieant ean showt that some other distaneei is mere reasenable and outlining eppertunities fors shared useefe existing facilities andt thet useefe ether pre existing structuresa asa preferred alternative te-new eenstruetion Sueh report shalle elearly show ewnership, eperaters, communieation, previder, and sueh other (b) An-applieant intending tos share use ofan-existing telecommenications tower OF ether strueture shall be required te decument thei intent oft the existing owner te share use. Int the event ef an application te-s share thet use of ane existing eleceRHRiAtieRs- tower dees not inerease the height of the telecommunications* tower, the couneil shall waives sueht requirements-eft thet applieation required by thist artieleast may bet forgodemtseshown: te) Sueh shared uset shall eensist only of the minimum antenna aFray teehnelegieally required te1 previde  information- as deemed relevant by the zoninga administrater ene OF with a map-  service within thet town,tet thee extent practicable, unless good eausei iss shewn  (Zening Ord.2003, $18-1-914.8)  234    Page 1300 of147  4-642. Height ammwistatae. the applieant  submit deeumentation- justifying te the couneil the total height ofany  munications tower, facility and/er antenna and thel basis therefer. Suchj justification shall bet tei provide (b) Telecemmumications* towers shall be nel higher than thet minimum! height necessary unless waived by the (e) The maximum height of yevemwisiomw- tower and attached antennas constructed after the dateeft thet Ordinanee from whieht irdhperirdwnet-har not exeeedt that whiehs shall permit-eperation without artificial lighting ef any kind, in accordance with municipal, town, state, and/era any federal statute, law  sery ice within thet town, tet thee extent practicable, unless goede eause iss shewn  couneil upen goed eauses shown  leeal aw, erdimanee,eede, Fuleer regulation- (Zening Ord.2003, $181-914.9) See. 24-643. Visibilitye ofwireless telecemmunications: facilities federal regulatione OF thisa artiele- (b) TelecePRRieAtORs: towerss shall be approprate eeler te harmonize with the accerdance with the Fequirements of this artiele. (e) Hflighting is required,applieant shallp ineffensive an effeet asi is permissible unders representation shewing thee effecte ofl lighte eet et all property es eft the parcele eny (Zening Ord. 2003, 181-914.10)  (a) Wireless-t eleemunications- facilities shall netl bea artificially lighted OF marked, except as required by  preventive paint ofan be maintained in and OF other visual within 1,500  Sauyifaiai swiaesasine mannert that prevents unauthorized: access Speelfie      All wireless elecommunications- AIiesad nas-shall be leeated, fenced OF etherwise secured ma (1) All antennas, towers amdater-pegings struetures, ineluding guy wires, shall be made inaccessiblete individuals ande COmsERhaE in-sueh mannert thatt they-eannet bee elimbed Off Funi inte; and (2) Transmitters andt telecomm unjeationeentsel peintst mustt bei installed sueh that they-are-readily  elleys:  accessiblee only tes persen-auhorizedt eoperateers service them-  (Zening Ord. See. 24-645. Signage.  Wirelesst elecemmemieations: faeilities shalle eontain a sign nel Hargert than four squaref feet to1 provide adequate notification tes persensi int thei immediate area oft the presenee ef ana antennat that! has transmission eapabilities. The signs shall eontain the name oft the ewner ande eperatere of thet antenna as well ase emergeney phonet number. Thes sign shall bet On the equipment sheltere OFS shed oft thet applieant and be visible from thet aeeess pointe of the site and must identily the equipment shelter oft the applieant. he sign shall not be ighted unless the couneil shall have allewed such lighting OF unless suchl lighting is required by applieable previsiens of this artiele. Ne ether signage, ineluding advertising, shall bei permitted on any facilities, antennas, antenna supperting structures oF antenna towers, unless  required by ordinanee. (Zening Ord. 2003, 18-1-914.12) See. 24-646.1 Let size and setbacks.  Formatted: Highlight  All propesed wireless eleePRICAHORS facilities shall be set back from abutting parcels, recerded rights efway and read and street lines by the greater of the fellewing distances: A-distance equal te the height of the wireless telecommenications- faeility OF the existing setbaek requirements of the underlying zoning distriet, whichever are greater. Any accessery strueture shall be leeated se as te comply with the applieable minimum  235    Page 131 of1 147  setback requirements fort the-preperty-on wh (Zening Ord.2003, #181-914-13 forreeertifieation:  Commented [EL59):1 Ifv wel havea setback forv wireless communications! facilities, we needt too create: as setback for facilities liket utility polls, too. Va. Codes1 15.2-23164:2(9)s says:" "AI localitys shall not. [ijmpose as setback orf fallz zone requirementi fora projectt that isl larger thana setback orf fallz zonea areat thati isi imposedon other types ofs similars structures ofas similar size,i including utility poles."  See. 24-647. Retention efe expert assistance and reimbursement by applieant.  (a) The couneil may hire any consultant and/er expert necessary te assist the couneil in reviewing and evaluating the applieation, ineluding thee constructions and medification oft thes site, encej permitted, and any requests b)Ana applieant shall depesit with thet town funds sufficient tet reimburse the town for all reasenable cests efeonsultant and expert evaluation and consultation tet thet towni in cennectien with the review of any applieation ineluding the censtruction and modification oft the site, ence permitted. Thei initiale depesit shall be $8,500.00. The plaeement of the $8,500.001 with the town shall preeede the pre-appheation meeting. Thet town will maintain-a separate eserew account fora alls sueh funds. Thet town'se consulantslewpets4 shalli inveice thet tewn fori itss servicesi in reviewing the application, ineluding the construction and modilication- of the site, enee permitted. Ffat any time during the preeess this eserew account has a balanee less than $2,500.00, the applieant shall immediately, upen notilication by thet town, replenish saide eserew account set thati  hasab balance of atl least $5,000.00. Such additional eserow funds shall bee depesited witht thet town befere anyf further actien OF consideration: ist taken-e ent the application: Int the event that the amount held ine eserew by thet towni is more thaptheapount oft the actual inveieing at the eonelusion oft the prejeet, the remaining! balanee shall bet promply-refunedt tet the applieant: (e) The total amount oft the funds set forth in-s subsection bef yywiNw the seepe and eemplexity-eft the projeet, the cempleteness-e oft the applieation- arf-other hnformation as may bet needed byt the couneit er its consultantepert te complete the RESESSAY-TEMEN-RA Band laspection- of any construction- OF medifieation Additional eserew funds, as1 FeasomablyfTre equested byt the town, shall bet paid by the See/24-648.1 Exeeptionsf from aspeeialu  faeilities: (a) Ne persen shall be permitted-tes sts OF modify,er prepare any site for the placement OF usee ef,wirelesst telecemmniea enst eiliiesabFthee effectivee dateoft the erdinaneet from whicht this chapter 1S derived without having oblaia spee ues permit for wireless telecommunications- facilities ehapter IS deriv ved shall be allewedecominwe 34 Ahey-presenilyewist previded, hewever, that any modification te existing wireless w must cemply-with this artiele All Wireless TelecmHPicAtORS on or before the effèctivé-datee of this Ordinance shall be allowed te centinue as they presently provided! hewever. that any medificationt te-existing) Wireless FeleceHRicAtons: Facilities must complywith No Special hmlkstscisiksmmisans Faciitiess such as antennal remeval placement Or StAHAtIOR-WFg-eleerone gear and greund-monted facilities asseciated with Felecemtie#tion Toersesstingon-erbetorei the effeetive dateeft this Ordnaneeoron Wireless Telecmmenieation: Tower fors whichaSpeeial Use Permit has been obtained  applieant. (Zening Ord. 2003,$-1819  >  Commented [VH60]: Doy youy wantt thesec changesp per Commented [EL61R60): Yes, Iwillt taket thel last paragraph (addedby! Hobbs) andn movei ittos2 24-638(d).  Hobbs?  Notwithstanding: anything tot netedi I the det nitione ef ities His Ordinanee:  uses permit shall ber required fort these exeeptions date of the Ordinanee fromwhieht this  -  236    Page 132 of147  (b)  Formatted: Normal, Nob bullets orr numbering  (Zoning Ord.2003, $18-1-914-15)  See.24-649-Publiel hearing and netificatien requirements.  (a) Prier te the appreval of any applieation for a speeial use permit for wireless elecommunications facilities, publie hearings shall be held by the town planning commission and couneil, notice of which shall be published H at newspaper of reeerd in aeeerdanee witht thet requirements fors sueh publiel hearings as preseribedin Cede of Virginia title 15.2 of the Cede of Virginia, 1950, asa amended. n erder that thet town may eflcially notify nearby landowners, the applieant, at the time ofs submission oft the application, shall ber required ter provide names and address of a! landewners whese property ist leeated within 1,500 feet of any property line of thel lot on whieh (b) The planning commission and town couneil, respectively, shall sehedule- thei publie hearings referredte in this section ence itf finds the application ise cemplete. The couneil, at any stage prier toi issuing a-special use fe) The abeve previsiens notwithstanding if the applieation is for azoning eertifieate for eelleeating antennase eF appurtemanees en ane existing eleeURCAHORS or high strueture, where nei inerease inl height oft the tower OF structure is required, nei publie! hearing will be required prier te the apprevale oft the application- and the  the new wireless eleeRiCAHORS: facilities are propesed tol be leeated. permit, may fequire sueh additional information asi it deems neeessary  Commented [EL62): Movedt tos2 24-641. Commented [EL63]: Deleted as covered by 24-638(d).  237    Page 1330 of147  towne couneil will act ast thez zoninga administrater for such applications. The applieant shall be subjeet tot the eserew and a eonsultant review requirement as outlined by-t this ehapter for sueh non-special use permit fequirement ee. 24-650. Aetien ons an applieation fors aspeeial use permit for wirelesst elecemmtunications: faeilities: (a) The eouneil will umderake-eeview-of an applieation pursuant tet this chaplerinra-timely" fashion and shall aet within a reasenable periede oft time givent the relative cemplexity of the application- andt thee eireumstanees; withe due regard for thes publes-interest and need te beinvelved, and the applicants-desire fora-timely reselution. (b) The couneil may refer any application oF part thereef te any advisery OF other committee for a non- (e) After the publie hearing, if required, and after formally eonsidering the applieation, the couneil may approve with cenditions, OF deny aspecial use permit. Itse decision shall bein writing and shall bes supported substantial evidence centainedi in awritten recerd. Thel burden off proef fort thes grantingoft the permits shalla always (dy thet eouneil approves the speeial use permit for wireless elecepmunieations- faeilities, then the applieant shalll be notifiede eft sshappoalinwing" wilhintenealendard aflesouwilkasiaw and the special uses permit shall bei issued within 5yA eessarybulingr permits,a and subsequent  applications- (Zoning Ord. 2003, $1 18.1-914.16)  binding Fecommendation Det upont thet applieant  certificates cemplanee, enee aspecialt fromt he lewnercouneil, eleeemmtneations: faeilities eevered the eouneil denies the all ed of such denial in writing See.24-651. Reeertifieation ofaspeeial (a) Atany time between 121 date oft the-special use permit and alls permit forWireless telecemmunie telecommnieation- faeilities Fequest fort Fecertilieation, thel holder  hasb  permitser approvals  the wireless  faeilities,thent thes applieant faeilities:  five-year anniversary datet after thee effeetive the effectivee datee of the eriginal specialt use older-af-a-special use permit forsuch wireless requestt tet the-couneil fort Fecertification-Int the-written permits shall note thet fellewing:  () The name ef thel helder ehespecialu use permit fort the wireless telecomunications facilities; (4) Whether the wireless eleemuications- facilities have been meved, re leeated, rebuilt, OF otherwise modified sineet thei issuance of thes special use permit andi ifse,in what manner; 5) Hthe wireless elecemmunications: facilities! havel been meved, rel leeated, rebuilt, OF etherwiser medified, thent whether the eouneil approveds suehr-action, and underwhatt terms and eonditions, and whethert these (6) Any requests for waivers-or relief of any kind whatseever from the requirements oft thisa artiele and any (7) That the wireless telecommemieatioms faeilities are in eomplianee- with the speeial use permit and compliance with all applieable eodes, erdinanees, Fules and regulations- and laws; (8) Recertificationt that thet telecemunication towera and attachments! both aree designeda ande construeted("as buill") and centinue te-B meet all lecal, town, commonwealth, and federal structural requirements for leads; ineluding wind and iee leads. Sueh reeertifieation- shall be by-a-qualified state-lieensed professienal Faerachevwatiecwmsidatminerh tepermitevireieireleeksemmenieNioe* faeilities-are  (2) appleable, the number oFt tdeofthes special use permit; (3) Thee date oft thee eriginal grantingeft the special use permit;  R  terms and cenditions weree cemplied with; reguirements fort aspeeial use permit;  engineer, thee eest ef which shall bel bernel by the applieant:  238    Page 134 of147  in cemplanee with the special use permit and all applieable statutes, laws, leeal ordinanees, cedes, Fules and regulations, then the eouneil shall issue t-recertfieation speeial use permit for the wireless elecommtnieations facilities, which may inelude any newi previsions OF cenditions that are mutually agreed upen, OF required by applieables statutes, laws, leeale erdinances, cedes, Fules and regulations lf,a afters such review, thee couneile determines thatt thes permitted wireless telecemmenieations: faeilities are not ine eomplianee with the speeial use permit and all applieable- statutes, laws, ordinances, cedes, Fules and regulations, then the couneil may refuse te issue a ecertilication special use permit for the wireless telecommuniceations- facilities, and in suche event, such wireless lecommunieations- faeilities shall not be used aiter the date that the applieant reeeives written netiee of sueh decisien by the counell Any sueh decision shall bei in writing and supperted by substantial evidence contained ina (e)  the applicant hass submitted alle oft thei information requested byt the couneil and required by this chapter, and if the eouneil dees net eomplete itst review,ast notedi in subseetion (b)eft this seetien, prier te-t the five-year anniversary date of the special use permit, OF subsequent fifth anniversaries, then the applieant for the permitted wirelesst eleeRURieAtiORS- facilities shall receive ane extension oft the special usej permit for upt tes six menths, in (d) Iftheh holder ofaspecial use permit for wireless pw dees nots submit a request forrecerifieatione of sueh-special use permits within thet timeframe notedi ins ubsection (a)eft this section, thens such speeial use permit and any autherizations grantedt thereunders shalle eease ist the-dateef the fifth anniversary ef thee eriginal granting of the special use permit, OFS subsequent FRMARIVESAFES, unless hel holdere of the special fequest.  the couneil agrees-t thatt iyyye eemsthnees, thent thel holdereft the speeiat use permit mays submital Hater recertilieation: gpesterapplAtion newspecial use permit See. 24-652.1 Extent and parameters efspeeial-use permit iwe faeilities:  wwritten recerd  erder fort thee couneil te cemplete itsF review  use permit adequately demenstrates tet thee couneilt thate extenualingeires  eventsilatimely recertilieation  Zening Ord. follews:  The-extent and parameters-ef a-speeial usepermit () Sueh-special uses permit (2) Such special use permit Rotification-efthe (3) Sueh-special use eaneeled, OFt terminated (Zening Ord.2 2003, $181-914.19) See. 24-653-Applieation: fee.  commenieations- faeilities shall be-as  igned, Fansferred OF conveyed without the expressi prier written ahearing upon due prier notice tet the applicant, be reveked, 10n 6i the eenditions and provisions- oft the speeial use permit for  wirelesst eleePERHRKEEORA acilities, er fora-material vielation eft thise chapter after prier written notice (a) Att thet timet that a persen submits an application for as special use permit fora new elecemRRiCatiORS tower,sueh persen shall pay at nonrefundable applieation feet of $5,000.004 te thet town. Ift the applieation is fora specialt use permit for celleeatinge en ane existing telecommenications* towere OF high strueture, where nei inereasei in (b) Ne application feei is required ine erder te Fecertifya-special use permit for wireless eleceicatiens faeilities,t tnless there has been a modifieation oft the wireless telecommenications- faeilities sinee the date oft the issuance oft the existing special use permit for which the conditions of the special use permit have not previously been medified. Int the ease et any modifieation, the feesi provided ins subsection (a)eft thiss sectiens shall apply- The applieant and thee ewner of record of any propesed wireless elecrRHRiCAtiORS- facilities property site shall ati its-cesta and expense, bej jeintly required te-execute and file with thet towna a-bond, OF ether forme ofsecurity  tot the applicant andt thel helderoles special use permit  heighte et thet tower OF structurei 1s required, the menrefundable fee shall be $2,000.00.  (Zoning Ord. 2003 See. 24-654.1 Performanee security.  20)  239    Page 1350 of147  acceptable te the town as te type of security and the form and manner of execution, I an amount ef at least $75,000.00 and withs suehs sureties ast are deemed suffieient! byt the couneil tot ensure thef faithful perfermanee of the terms ande cenditions oft this chapter ande conditions ofa any special use permiti issued pursuantt tet this artiele. The full amount oft the bend OF security shall remaini in full force ande effect throughout the terme of the special usei permit and/er until the removal of the wireless telecommemieations faeilities, and any neeessary Site restoration is cempleted. The failure te pay any annual premium for the renewal of any such security shall bea vielation of the previsiens eft the special usei permit and shall entitle the couneil toF reveke thes special use permit after prier written netieet te thet applieant and holderofthe permit ands afterahearing upone due priort netieet te thet applieant and! holder  of the special use permit (Zening Ord. 2003, 18.1 4.21)  Commented [EL64): Although bonds are noto outright prohibited,] jurisdictions with well-written wireless telecommunications ordinancesl like Goochland County, Arlington County, Loudoun County, and Blacksburg don not require ab bond or others surety. Bonds are, toa as greate extent, preempted by Va. Code $15.2- 2316.4:2(A)(4), whichp providest thata locality mayr not: "Impose surety requirements, including bonds, escrow deposits, letters of credit, ora anyo othert types off financial surety, toe ensuret that: abandonedo or unused wireless facilities canb be removed, unlesst thel locality imposes similar requirements ond other permits forc othert types ofs similar commercial development. Any suchi instruments shall not exceeda ar reasonablee estimate oft thec direct costo of ther removal ofthew wireless facilities." Commented [EL65): Preemptedb by FCC regulations.  See. 24-655. Reservatien- ef autherity tei inspect wireless elecemmamnications: facilities  In-erdert tev verify that thel helder ofa aspecial use permit for wireless telecomunications facilities and any and all lessees, renters, and/er licensees of wireless elecemRHRicatiOns- faeilities, place and censtruet such facilities, neluding towers and antennas, ins aeeordanee with alle applieable teehnieal, safety, fire, building, and zoning eodes; laws, erdinanees, regulations- and other applicable requirements, the town may inspeet all facets of said permit helder's, renter's 6, lessee's-e OF lieensee's placement, construction, medifieatiah-amd maintenanee ofs such facilities ineluding, but not limited te, towers, antennas and buildings-erother struettires- construeted OF leeated on the  permitted site (Zening Ord. 2003, 18-1-914.22) ee. 24-656. Amnual NHER eertifieation The heldere oft thes speeial uset permit are within thet thresheld levels int the commonweallh- Zenig0Ra-2903- See. 24-657-Liability insuranee. (a) A helder ofa-special use peritfor maintain publie liability insurance eeverage, for the duration oft they  the townt that! NIERI levels att thes site Hcensedt tepractice engineering  e  OF munications facilities shalls secure-and ata all times  and property damage, and umbrella insurance injuries, death and preperty-damage: $1,900,000.00per  HyuFH  as-set forth-belew:  general mobile eeverage:  PeFeReR8852,900990.09-88-988:  compensations and disalb ity-statutery-s ameunts  he commercial general liability insurance peliey shall specilically inelude the town and its officers, commitememhensatiemeyegeNivem.i eonsultants ast additional named insureds: insuranee polieiess shat -A ant esykaate de-business  the commonwealth and witha Best's-rating efatleast-A- (d) The insurance pelicies shall contain ane endersement ebligating the insurance company te furnish the tewn with at least 30€ days' prior written noticei H advance-of the eancellation of thei insurance. (e) Renewal OF replacement pelicies ercertilieates shall bee delivered-te thet town atl least 15-days-before the expiration of thei insuraneet that sueh pelieies aret tet renew OFf replaee () Before eonstruetion oft apermitted wireless teleemtunieations: faeilitiesisi initiated, buti int nee ease later than 15 days after the grant oft the special use permit, thel helder oft the special use permit shalle deliver tet thet town acopye ef each of the pelicies OFe certificates representing thei insurancei int thet required amounts  (Zening Ord.2  4)  240    Page 1360 of147  See.24-658 Indemmification.  (a) Any application for wireless telecommunication: facilities thati is propesed fort town preperty, pursuant te thisa artiele, shall contain af previsien with respeet toi indemmifieatien- Sueh previsien shall require the applieant, te the extent permitted by thisa artiele, te at all times defend, indemnify, proteet, save, held harmless, ande exempt the town, and its efficers, couneils, empleyees, committee members, attorneys, agents, and consultants frem any and all penalties, damages, eests, OFe eharges arising out ofs any and alle elaims, suits, demands, eauses of aetion, eraward ef damages, whether compensatery-er punitive, OF expenses arising therefrom, either at erdinanee OF in equity, which might arise out of,er are eaused by, the placement, censtruction, erection, medifieation, loeation, produets performanee, use, eperation, maintenanee, repair, installation, replaeement, remeval, OFt restoration ofs said faeility, exeepting, however,any portion ofs suche elaims, suits, demands, eauses ofa action OF award ofe damages as may be attributablet tet the negligent ori intentional aets OF emissiens- ef the town, eFi its servants OF agents. With respect te the penalties, damagesere ehargest refereneed herein, reasenable atterneys' fees,eenstitants- fees, and expert witness (b) Newithstanding the requirements noted in subsection (a)of this-section, ani indemnification provisien willn notl ber required int thesei instances where ewwfeprArigaluy permit forwireless  fees arei ineluded int these eestst that are receverable by thet town  telecemmunieations: faeilities: ZomingOrd-2993- See. 24-659.Fines:  4.259  (a) Int the event ofa-vielation oft this ehapter OFE any-speernl eouneil may impese ande celleet, and thel heldere ofthes special shall payt tet thet town, fines eF penalties as setf forth belew (b) Avielation oft this-artielei is hereby-deelared akcemtuesePeNeN additional vielation: Notwithstanding anything in this ations facilities may nott use thes payt aveide compliance with this articleora special use permit tet termination ands te-prevent the centinued (Zening 0M-29819H24 - - See. 24-660.1 Default and/or revecation  mit tissuedparseant tet this artiele, the siKswwisiww facilities peaner. Each week's-e centinued use specialuse permit for wireless ed damages-ere other penalties, te-evade OF  attempt te des ses shalls subjectt thel helder of the permit. Thet town may alse seeki injunetiver relief limitinge ether remedies available te thet town:  (a) Ifwireless telecommunicallens facilities are repaired, rebuilt, placed, meved, releeated, medified- OF maintained ina wayt thati isi incensistent Ormotine compliance with the previsiens et this artielee oref the special use permit, then thet eouneil shall notify thel holderofthes speeial use permit in writing of sueh vielation. Suehi notiee shall specify the naturee oft the vielation OF mencemplianee and that the vielations must be cerreeted within seven days-ef the date eft the postmarke eft the notice, OF et thee date of persenal service oft the notice, whicheveri is-earlier Notwithstanding anything tet the eentrary in this subseetion Of any ether seetion of this ehapter, 1f the vielation ses, ereates eF presents ani imminent danger eF threat tet thel health OFt safetyef! livese eFj property, the couneil may,  H, within thes peried setf forthi ins subsection (a) oft this sectien, the wirelesst eleceruRicatiOns: facilities aret not brought inte eomplianee witht the provisions of thist artiele, OF of the speeial use permit, OF substantial steps are nott taken H ordert tol bring the affeeted wireless eleemRRicatiOns: facilitiesi inte complianee, then thee couneil may reveke such special use permit for wireless elecemmunications- facilities, and shall notifyt the helder of the  at S selee diseretien, order the vielation remedied within 241 hours  speeial usej permit within 484 hours efs suehs aetion See. 24-661.1 Remeval of wireless telecommumications: faeilities:  (Zening Ord.  18-1-914.27)  (a) Under the fellewing eireumstanees, the couneil may determine that the health, safety,and welfare interestse of the town warrant and require the remeval ef wireless elecemunications facilities:  241    Page 137 of147  (1) Wireless elecemmunications facilities with a permit have been abandened (ie., net used as wireless elecommtnieations: faeilities) for a peried exeeeding 906 conseeutive-dayst Ofat totale of 180 days-in any 365 day peried, exeept for perieds eaused by force majeure OF aets of Ged, in which ease, repair OF Permitted wireless elecemmunications facilities fall intes sucha astate ofe disrepair thati ite ereatesal health 5 Wireless telecommemieations- faeilities have been leeated, eonstrueted, OF medified without first ebtaining,er in a manner not autherized by, the required special use permit, eF any ether necessary b) the couneil makes sehadelermiatien: as neted ins subsection (a)eft thiss seetion, then the couneil shall notily the heldereft the-speeial uise permit for the wirelesst telecommunications- faeilities within 481 hours that said wireless eleemmuniceations- faeilities are te be remeved, the couneil may appreve ani interim temperary use agreementpermit such as te enable thes sale oft the wireless elecemRHRiCAtiORS: facilities The helder of the special use permit, OF its suecessers OF assigns, shall dismantle and remeve such wireless eleeRURiAtiORS: facilities, and all asseciated struetures and facililies, from the site and restere thes site te-a as elese tei its eriginal cendition asi is pessible, such restoration being imitedenly by physieal OF commercial impractieabllity, within 90-days-eft reeeipt of writtent notiee from the cour upon which the wireless eleeHRREAHONS- facilities are lecated wireless elecommunieations: facilities, the ewner may-de-sew withthe ppravale eft the-ceupeil. (d) If wireless eleemuications- facilities-are not remeved bstntial Pregress has not been madet te Femeve the wireless telecomamunications* facilities within-gfdaysa the couneil may erder efficialse OF  e wireless elecemuRieations: facilities att thes sele expense eft the ewner eFs psiahuepamitkela (e) If, the tewn remeves, OF f thev wirelesst elecommenications aciliesdesmitdhima andn meve-itfromt thes sitet teah lawful leeation within ten days, thent thet town may take steps te deelaretheweeless ele-emesRieations facilities abandened, and sell them and theire cemponents () Newithstanding anything H permit'agreementt for thev wireless plan for remeval, cenversien, geat  Femeval shalle commenee within 90-days; ersafety hazard; autherization  ifthe ewnerefther property access readway te-the  permit helder has received notice, then telecgmunications facilities, and the ewner of  ion te the-contrary, the couneil may appreve a temperary use acilities, forf nei mere-90-days, during whieh time asuitable the ffeeted wireless elecePieaties- facilities shall be  develeped by thel heldere oft thes specia permit, ubye jeet tet the apprevalef the couneil, and an agreement te-s such plans shall bee executedb byt thel holererespeial tiset permit andt thet town. lFsuehaplanismeH develeped-approved and executed within the 90-d day time eF then the town may take pessessien- of and dispese oft the affeeted  eleemuieations: faeilities-in-t the-manner previdedint thiss seetion  Zening See. 24-662. Relief.  Any applieant desiring relief OF exemptien from any aspect OF requirement of this article may request such from the eouneil at a pre-appleation meeting, provided- that the relief OF exemption is eentained int the eriginal application for either a-special use permit, OF int the ease-efan- existing er previously granted special use permita request for medification- ofi its tower and/er facilities Such relief may be temporary er permanent, partialer eomplete, at thes sele diseretion oft the eouneil. However,t the burden of preving thet need fort thet requested reliefer exemptien, is-selely ent the applieant tes prevet te thes satisfactione of thee couneil. The applieant shall bear alle cests-ef the couneile OF the towni ine censidering the request andt thet relief shall not! bet transferablet teanewere different! helder ef the permit OF ewner of the tower OF facilities without the specilie written permissien- of the couneil. Such permissien shall net bet eamANAeNdere ------ shall beappreved unless the applieant demonstrates by elear and eonvineing evidenee that,if-granted the relief OF exemption will have ne signilieant effectent thel health, safety-and welfare ef the town, its-residents- ande other services previders  Zening Ord.2003,  242    Page 138 of147  See.24-663  (a) The couneil may at any timee cenduet a review and examination ofthise entire artiele b)H,after suchap periedie review ande examination- oft this artiele, the couneil determines that one OF mere provisions oft this artiele should be amended, repealed, revised, elarified, OF deleted, then the couneil may take whatever measures are neeessaryi H aecerdanee witht the applieable ordinancei He order tea accemplish the same. Ltis noted that where warranted, andi int the besti interests Periodie gulatory-review-by4 the-couneiloft thet town, the te) Notwithstanding the previsions of subseetions- (a) and (b) ef this seetion, thee eouneili may at any-t time; and i any manner (te the extent permitted by federal, commenwealth, OF leeal erdinanee), amend, add, repeal,  couneil may repeal this entire artiele at anyt time: and/or delete One OF more provisions oft thise ehapter: (Zoning Ord. 2003, 18.1-914.30)  Adherenee tes state and/er federal Fules and regulations.  (a) de the extent that the helder ef a special use permit for wireless elecemunications- facilities has not reeeived reliet, OFi 1S6 etherwise exempt, from appropriate state and/er ederseecyuieves reguations,then the helder of such special use permits shall adheret te, ande cemply-with,a alla applie bles, regulations, standards, and Te the extent that applicable Fules, regulatios-sapianls and-provisiens efnys state er federal-ageney neluding, butt not limited te,t the FAAandt Cmf udigany-Fules and regulations regarding height, lighting, andseeurity are-ehangeda mseresemaiit-ine4 Rriefaspeiah uses permit for wireless elecomUPieAHORs- facilities, then the helder ef such-a-spee Luses pertshalle cenform the permitted wireless  provisiens-ef anys state Or federal ageney,imeluding- but not Himited-te,  this requirement are any Fules and regulations regardingheight ghting  peeifieally-imeladed trieal and RF-emission  standards  -  teleemmumiestions faeillities tet the-a applieable aft maximum ef 24 menthse oft the effeetivedate-ef standard, OF previsien, OF seener as-may-b ber requirdby thei ingentity. (Zening 2003, 18.1-914.31) See. 24-665. Cenfliet with other-ordinanees (a) Where te des se 1s preempted eF proteetive-e of thet town and the (Zening Ord. 2003, $18-1-914.32) Sees.2 24-666--24-688- Reserved. Sec. 24-689. Introduction: and purpose.  Feyulereguiation: standard, OF prevision lechangedanders modified Fule, regulation,  erdinanees, Fules and regulations, unless the right oF federal gevermment, the mere restrietive-er  (b) The previsiens eft thisa artiele-lalevemides anye conflieting PeMsosaFlidhpes.  -  Itisr recognized that a vegetative landscape is desirable throughout thet town. The conservation andj planting of vegetation serves to enhance our cultural and physical environment. With landscaping, the appearance of our business, residential andi industrial zonesi isi improved, asi is ther natural beauty oft thel less developed areas. Vegetation also provides protection against environmental degradation. The converse is also true. Uncontrolled cutting or destruction oftrees and vegetated areas cand damage thec cultural andj physical environment. Itis appropriatet therefore tor regulate landscaping through this chapter int the interests of protecting public health, safety and welfare. Itist the intento oft these regulations to promote the planting and preservation ofl landscape materials inc order to achieve the  following goals:  (1) Enhance the outward appearance ofa all developed sites; (2) Create greater property value;  243    Page 1390 of147  (3) Provides screening betweeni incompatible land uses; (4) Protect ground water and air quality; Provide: shade and windbreaks for conservation ofe energy; (6) Reduce damage due tou ultraviolet radiation, noise pollution andl light pollution; Decrease erosion: and flood damage; (8) Enhance thel beauty of vehicular and pedestrian transportation corridors; (9) Buffer unsightly development. (Zoning Ord. 2003,91 18.1-920.01) Sec 24-690. Administration.  Commented [VH66): Doy youv wantt thiso change per Hobbs? Commented [SM67R66): yes  All landscaping shall bei installed by the first planting season following the issuance ofa certificate of occupancy.- he-appleants shallt PosaseRAsom4eaeswdaterdFdRaNraFNaePWPegHeiNe valueefn RBEAHARARANEeRSFIPHNeN sasesfasetifieuteedayNwpine has not beeni installed. Thereafter, landscaping shall bei maintained ina al healthy condition by the current owner or property owners' association and replaced when necessary. If at any time the vegetation is not maintained in accordance with thej plans such action shalll be a violation oft thez zoning.ordinance: ands subject to article XV oft this  chapter. (Zoning Ord. 2003, $1 18.1-920.02) Sec. 24-691. When landscaping plans are required.  Al landscape plans shall bei required as aj precedent tof finals sitep planors subdiyision approval fort the following: (2) Alle entryways and common: areas, including thea areas-alongr new streets, inr residential subdivisions; (3) All other developments if deemed appropriate by thecommission: and the: zoning administrator due toa perceived compromising oft theabove- mentioned goals ins section? 24-689(1)t through (9); (4) Designated town street tree'a areas ares subject toadditional regulations for those areas. Alli information: shown ont the plan'shall bei inc compliance with this section: andi include the following: (2) Existing trees or wooded areas that are being preserved in lieu of new materials in order to satisfy landscaping ands screening requirements. Ins such cases, thel landscape plans shalli indicate the species and size of trees to be saved; limits of clearing; location and type of protective fencing; grade changes requiring tree wells or walls; andt trenching ort tunneling proposed beyond thel limits of clearing; (3) Any unique amenities such as natural features ands scenic or historic vistas.  33  (1) All commercial: andi industrial developmpntincludinge expansions:  (Zoning Ord. 2003,91 18.1-920.03), Sec. 24-692. Information tol bes shown ont thej plan.  (1) Thel location, size and species ofall-proposed plant materials;  (Zoning Ord. 2003, $1 18.1-920.04) Sec. 24-693. Minimum: standards. screening:  The following minimum standards shall apply toa any proposed plantings, retention of vegetation and (1) Any existing tree used to meet the requirements of this article must be at least three inch caliper, in Removal ofH healthy trees over 18i inches in caliper shall be prohibited excepti int the building footprint area, construction: activity area, rights-of-way or private drives, utility easements: and septic areas; 3) One tree per 151 feet ofs street frontage and one shrub per five feet of street frontage shall be planted in  healthy condition and be protected from construction: activity;  244    Page 140of147  creative groupings. The width ofe entrances at their narrowest point shall be deducted from the street frontage distance fort the purpose oft this section." The trees may bea a combination ofe evergreens: and large and small deciduous trees, and both trees and shrubs must meet the size requirements below. The construction of flower/mulch beds ofat total area of atl least 100 square feet may be plantedi ine exchange (4) Shade trees shall be a minimum 11 1/2 inches caliper (measured six inches above ground level) when planted. Ornamental or flowering street trees shall be a minimum of one-inch caliper when planted. Evergreen trees fors screening shall bea ai minimum four feeti inl height when planted. Shrubs for screening shall bea ai minimum 24i inchesi in! height whenj planted. Shrubs fors street] planting shall bea ai minimum 18 5) Plantingi islands shall contain a minimum of 50s square feet pert tree, with a minimum dimension ofi five feeti in ordert top protect the landscaping and allow for proper growth; (6) Trees that obstructt traffics sight lines shall bel limbedi upt to al height ofe eightf feet.  forat tree ass stated above;  inchesi inl height when planted;  (Zoning Ord. 2003, $1 18.1-920.05) Sec. 24-694.1 Parkingl lot landscaping. Parking lots consisting ofi fives spaces orr more:  AL  (1) Interior landscaping shall include ar minimum ofc one shadetreepert tenp parkings spaces or portion thereof. Interior landscaping shall bel locatedi ini reasonably dispersed planting islandsor perimeter areas. Shrub plantings adjacent toab building shall not! bec counted asi interior) Jandscapingr (2) Additional plantings along public streets: When'a parkingloti islocateds such that the parked cars willl be visible from aj public street, then additional landscaping oflows street's shrubs shall bei required between thes street and thep parkingl lot. Shrubs shallbeina asingle rowi plantedi five feet on center; (3) Screening ofp parking lots shall not! bed countedt towardthei interiorl landscaping requirement.  (Zoning Ord. 2003,81 18.1-920.06) Sec. 24-695. Screening.  The following requirements shall applytoscreening:  (1) Wheni required, screening shall consisto of aplantings strip, existing orI new vegetation, wall, fence, earthen berm or combination thereof.) Where only yegetative screeningi is provided, such screenings strips shalli not bel less than 201 feeti ind e,egeip.crening shall consist ofa double: staggered row ofe evergreen trees planted 151 feet on center,or a doubles staggered row ofe evergreen shrubs planted ten feet on center. When ai fence or wall is provided, it shall be ai minimum of six feet in! height and plantings shall be required along suchi fence or wall. Earthen berms shall be: ar minimum oft three feeti in! heights; Commercial andi industrial uses and manufactured home parks shall be screened from adjacent b. Parking lots consisting off fives spaces orr more: shall be screened from adjacent residential: andi rural Objectionable features including, but not limited to, the following uses shall be screened from  2) Screening shall ber requiredi int the following instances: residential andi rural: area districts; area districts; Loading areas; Refuse areas; 3. Storage yards; Retention ponds; and  adjacenti residential and rural area districts andj public streets:  5. Recreation: facilities determinedi tob bec of objectionable character.  245    Page 141 of147  d. The zoning administrator and commission may require screening of any use, or portion thereof, upon determination that the use would otherwisel have: ai negative visuali impact ona aj property listed  ont thel bona fidel historic landmarks register.  (Zoning Ord. 2003, $1 18.1-920.07) Sec. 24-696. Tree canopy.  Ina additiont too other provisions oft this article, ai minimum tree canopy shall bep providedi ina accordance with this section." Thet term' "tree canopy" or' "tree cover" shalli include all areas of coverage by plant material exceeding five  feeti in height ata ai maturity oft ten years after planting. (I) The following minimum canopy requirements shall apply:  Tenp percent canopy ofas sitet tob be developed with commercial, office ori industrial uses; Tenp percent canopy ofaresidential: site tob be developed ata a gross density ofi five dwelling units per 15p percent canopy ofar residential site tol be developed atag gross density ofl less than five dwelling (2) Int the calculation ofl land area subject tot thiss section, the followinga areas may be deducted att the option Farm land or other areas devoid of woody materiala att theti time of adoption oft the ordinance from  acre orI more; units per: acre. oft the developer: whicht this sectioni is derived; Recreation: areas; Opens space areas; Land dedicated top public use; Playing fields and recreation: areas Ponds orl lakes;    and thel like;  Areasi requiredf fort the préservationc dhvelamd/londplin.ore other areas required tob ber maintained  inar natural state by this chapteror other applicablel law; Deductions provided gaigryan not bec duplicative. (3) Where existing trees are maintained, açanopy bonuss shall be granted as follows: The canopy areas shalll becalculated: at teny years ofa additional maturity; b. Thei resultant areas shall be multiplied by ai factor of1 1.25.    (Zoning Ord. 2003, $1 18.1-920.08) Sec. 24-697. General.  The applicant may propose an increase inl landscaping and site beautification, or relocation of parking tot the rear oft thel buildingi ine exchange for larger! building site, setback alterations, or reductioni inj parking requirements. Once an agreeable solutionl has been reached with the commission, it shall give: ai favorablei recommendation: fora  variance tot thel boardo ofz zoninga appeals. (Zoning Ord. 2003,1 18.1-920.09) Sec. 24-698. Suggested trees, shrubs and flowers.  (a) Suggested street and shade trees are: Green Ash, Red Maple, Sugar Maple, Red Oak, Willow Oak, Japanese Pagoda Tree, Littleleaf Linden, Silver Linden, Zelkova, Yellowwood, Sycamore, European Plane Tree, (b) Suggested Ornamental orf floweringt trees are: Amur maple, Dogwood, Washington) Hawthorn,. American  Sweet Gum.  Plum, Serviceberry, Redbud, Shadblow, Deciduous Magnolia, Fringe Tree.  246    Page 142 of147  (c) Suggested evergreen or flowering shrubs are: English Yew, Japanese Yew, Azalea, Chinese Holly, Rhododendron, Obelia, Cotoneaster, Forsythia, Viburnum, Winged Euonymus, Flowering Quince, Gray Owl (d) Suggested screening is: Cedar, Austrian Pine, Norway Spruce, American Holly, Arborvitae, Foster  Juniper.  Holly, Whitel Pine, Leland Cyprus. (e) Suggested flowers are: Daylily, Daffodil. (f) Other alternative: species as may be approved by thet town. (Zoning Ord. 2003,8 18.1-920.10) Secs. 24-699--24-724. Reserved.  ARTICLEI NII.SUBDIVISIONS GENERALLY*  *Statel law reference- Lands subdivision: ando development, Code of Viginia:1522240etisg Whenever the owner or proprietor of any tract ofl land located within thet town desires tos subdivide thes same, hes shall submit ap plat oft thej proposed subdivision tot the zoning: administrator forp processing. Whenever the subdivision of a tract ofl land within the townis proposed, the subdivider is encouraged to consult with thez zoning administrator for advice and: assistance. Thes subdivider may submit sketch! plans and data showinge existing conditions withint thes site andi ini its vicinityand the proposedl layout oft thes subdivision. The: zoning administrator shall return the submitted: sketchp planstothes subdivider with written comments indicating where the plans dor not comply witht ther requirements setf forthl herein. Submission ofsaids sketchp plans and: accompanying data  Sec. 24-725. Request for subdivision plat approval.  (Zoning Ord. 2003, $ 18.1-1007) Sec. 24-726. Pre-application review.  35  shall not constitute the officialf filing ofap proposedsubdivision. (Zoning Ord. 2003, $1 18.1-1007.01) Sec. 24-727. Preliminary plati review.  (a) Except as provided ins sihection.bofithis section, any person proposing a subdivision of land shall submit tot thez zoning administrator four copies ofap preliminary plat showing the general design and layout oft the subdivision, of which one copy eachshall be delivèred by the zoning administrator tot the resident engineer, andif individual water and seweri is proposed,one copy tot the health department. Thep preliminary plats shall ber reviewed (b) The submission of aj preliminary subdivision plat for tentative approval is optional on the part of the  ina accordance witht thej procedures set forthin articles, XII and XIII oft this chapter. landowner for plats involving 50 or fewerl lots. (Zoning Ord. 2003,1 18.1-1007.02) Statel law reference-Preiminay, plats generally, Code of Virginia, $1 15.2-2260. Sec. 24-728. Commission: action onj preliminary plat.  Within 45 days after submission of the preliminary plat and accompanying documents to the zoning administrator, the commission shall approve, approve with conditions, or disapprove the preliminary plat; the commission shall cause tol have prepared two copies ofas statement noting reasons for commission disapproval or conditional: approval, if applicable, ands shalli return one copy ofs statement: andp plat tot thes subdivider with notification inv writing oft the: action oft the commission. One copy ofs said statement and preliminary plats shalll ber retained by the zoning administrator for comparison with future preliminary or final plats, where applicable, submitted by the  subdivider. (Zoning Ord. 2003,918.1-1007.03)  247    Page 143 of147  Sec. 24-729. Final plati review.  (a) Within one year of conditional: approval ori full: approval oft thej preliminary plat, subject toe extensionl by the commission, thes subdivider: shall submit to thez zoning administrator: five copies ofa final plati including all or any part of the: area coveredby thej preliminary plat, of whicho one copy shall bet transmittedi to thel health department, ifi individual water ands sewer facilities are proposed, and tot ther resident engineer. The final plat shall be reviewed (b) Ins such cases in whicht the zoning administrator determines that aj plat does not constitute: a subdivision as defined! herein, the: zoning administrator: shall retain four copies oft the plat. Such plats shall ber reviewed by the The-zoning administrater shall aet ent the final plat within 60-days after it has been efficially submitted forapprevalt byeither apprevingerd disapproving sueh platin-writing and giving witht the Hatterspeeifie asens therefore. Hewever, ifapprevale ofaf feature OF features of the plat byas state ageney OF publie utherity authorized bystate lawis necessary, the commission OF agent shall forward the plat to the ppropriate state ageney Or-ageneiest foreview-within 10busimess-daysef: reeeipte ofsueh plat. Speeifie ens for disappreval may hecemsaindina:epars: deeumentermay be writtene ont the plati itself,and shall elmelimgememhtemsseehmodfieHiomso Frections-as-Will Ppehstepoalofhepe:. he zoning administrater failst te appreve OF isappreve-the plaEwihin-6-days afterit has been mayi petition the eireuit court te deeide whether the la heuld-ershould P-edinu eourts shall hear the mattert and make and enters sueh Order Withrespeett PPeNA (c) (1) Except as otherwise providedi ins subsections (c/2) and (3)oft this-section, the zoning administrator shall act on any proposed plat within 60 days after ithas beenofficially submitted for approval by either approving or disapproving the plat in writing. and giving witht the latter specific reasons therefor. The zoning administrator shall thoroughly review the plat ands shall make agoodf faith effort toidentify all deficiencies. ifa any, witht thei initial submission. However. ifa approval of af feature orf features oft the platb byas state agency or public authority authorized by statel lawi is necessary. the commissiond or agent shallforward ther platt tot the appropriate state agency or agencies for review within ten business days ofreceiptof such-plat. The state agency shall respond in accord with the requirements set forth in Code of Virginia,s 15.2-2222.1. which shall extend the time for action by the local planning commission or other agent,a asset forthin subsection (c)2)oft thiss section. Specifici reasons for disapproval shall be contained either ina a separate documentor on the plat itself. The reasons for disapproval shall identify deficiencies int the platt that causet thedisapprovall byreferencet tos specific duly adopted ordinances. regulations.or policies and shalli identify modificationsor corrections as willp permit approval oft thep plat." The zoning administrator shall act on any proposed platt thati itl has previously disapproved within 45 days after the plat has been modified, (2) The approval of plats and plans of development solelyi involving parcels of commercial real estate by the zoning administrator shall be governed by subsection (c)(3) and subsections (d). (e), and (f). For the purposes oft this section, thet term' "commercial" means alli real property used for commercial ori industrial (3) a. Thez zoning administrator shall: act on any proposed plat or plan of development within 60days after ithas been officially submitted for approval by either approving or disapproving the plati in writing.and giving with the latter specific reasons therefor. The zoning administrator shall not delay the official submission of any proposed plat or plan of development by requiring presubmission conferences. meetings, or reviews. The zoning administrator shall thoroughly: review the plat or plan and shalli ing good faithi identify. to the greatest extent practicable. all deficiencies. if any. with the initial submission. However, if approval of a feature or features of the plat or plan by a state agency or public authority authorized by state law is necessary, the commission or agent shall forward the plat or plan to the appropriate state agency or agencies fori review within ten business days ofr receipt of such plat or plan. The state agency shall respond in accord with the requirements set forth in Code of Virginia, S 15.2- 2222.1, whichs shall extend the time for action by thel local planning commission or other agent, as set  ina accordance with the procedures set forthi ina articles XII and XIII oft this chapter. zoning: administrator: ina accordance with ther requirements efsection! 12071 herein.  effieially submittedt for approval,t thes subdivider, may inelude directing apprevaleft the plat.  wrtemoisetoltereromingadmimatmes:  corrected andi resubmittedi for approval.  uses.  248    Page 144 of147  forthi in Code of Virginia, 81 15.2-2259(B).. Specific reasons for disapproval shall be contained eitheri ina separate document or ont the plat or plani itself." Ther reasons for disapproval shall identify deficienciesin the plat orp plant that caused the disapproval by reference tos specificd duly adopted ordinances, regulations, or policies and shalli identify, tot the greatest extent practicable, modifications or corrections that will b. In the review of a resubmitted proposed plat or plan of development that has been previously disapproved, thez zoning administrator: shall consider only deficiencies itl hadi identifiedi ini itsr review oft thei initial submission oft the plat or plan thatl have not been corrected ins such resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies identifiedi in thei initial submission. Int the review oft thei resubmission ofa a plat or plan, the zoning administrator shalli identify all deficiencies with the proposed plat orp plan thato causedt the disapproval by reference tos specific duly adopted ordinances. regulations or policies and shall identify modifications or corrections that will permit approval of the plat or plan. Upon the second resubmission of such disapprovedi plato orp plan. the zoning administrator's) review shalll bel limited solelytother previously identified deficiencies that caused its disapproval. The zoning administrator shall act on any proposed plat or plan of development that ith has previously disapproved within 45 days after the plat or plan has been modified. corrected and resubmittedfora approval. The failure of the zoning administrator to approve or disapprove ar resubmitted plat or plan withint thet time periods required Notwithstanding the approval or deemed approval of any) proposed plator plan of development, any deficiency in any proposed plat or plan. that if eftunconected.onld violate local. state or federal law, regulations, mandatory state department oftransportation engineering and safety requirements. and other mandatory engineering and safety requirements. shall not be considered. treated or deemed as having been approvedby the zoning administrator. Should any resubmission include al material revision ofi infrastructure orphysical improvements from the earlier submission ori ifan material revisioni int ther resubmisioncr.tesal new required review by the state department oft transportation or by as state agèncy or publicauthority authorized by state law, then the zoning administrator's review shalinot bel limited to only the previously identified deficiencies identified int the priors submittals and may considerdeficieneiesi initiallyappearingi int ther resubmission because (d) Uponi receipt of the approvalsfromall: state-agencies and other agencies. the zoning administrator shall (e) If the zoning administrator fails to approve or disapprove the plat within 60 days after it has been officially submitted for approval. or within 45 days after it has been officially resubmitted after a previous disapproval or within 35 days of receipt ofany agency response pursuant to subsection (b) of this section, the subdivider, after ten days' writtenr notice tothez zoning administrator, may petition the circuit courtt to decide whether Ifthez zoning administrator disapproves aj plat and the subdivider contends that the disapproval was not properly based ont thec ordinance applicablet thereto, or was arbitrary or capricious, hei may appealt tot the circuit court, provided that] his appeali isf filed with the circuit court within 60d days of the written disapproval by the commission State law reference--Local, planning commissiont toa acto onp proposed plat, Code of Virginia, $ 15.2-2259. Upon satisfactory completion of all requirements seti forthi int this article and all other requirements specified byt the commissioni int thej preliminary review, the: zoning: administrator: shall sign approval of the final plat.  permit approval oft the plat or plan.  by this section shall cause the plat or plan tol be deemed: approved.  of suchi material revision.  actuponar plat within 35 days."  the plats should ors should noth be approved.  ord other agent. (Zoning Ord. 2003,81 18.1-1007.04) Sec. 24-730.4 Action onf final plat. (Zoning Ord. 2003,1 18.1-1007.05)  249    Page 145 of147  Sec. 24-731. Recordation of plat after final plat approval.  Within sixi months following approval by thez zoning: administrator oft the final plat, one copy oft the final plat shall bei recorded by the subdivider: in the office oft the clerk of the circuit court and six copies shall be filed with the: zoning administrator. The: zoning administrator may, upony written request! by thes subdivider, grant ane extension oft thist timel limit; otherwise, hes shall mark thej plati null and void: andi return thes samet tot the subdivider; however,in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit withs surety approved byt thez zoning administrator, or where the developer has furnished suretyt to the town council orz zoning administrator by certified check, cash escrow, bond, orl letter ofc credit int the amount oft the estimated cost of construction of such facilities. the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement approved by the town council or zoning administrator, whichever is greater. Approval of the final plat shall not constitute acceptance of any offers of  dedication' byt thet town, or thei resident engineer oft the VDOT. State law reference--Similar, provisions, Code of Virginia, $1 15.2-2241(A)8. Sec. 24-732. Final plats submitted: as preliminary plat.  (Zoning Ord. 2003,1 18.1-1007.06)  The final platr may! bes submitted ast thej preliminary plat, providedr Inochange,e érasure, orr revisions shall ber made ont the preliminary platr nor on any accompanying data sheets after the-prelminaryplat has been approved by the commission ina accordance with the provisions herein, unless authotization: for such changes has been granted by  thez zoning administrator. (Zoning Ord. 2005,518.1-1007.07) Sec. 24-733. Performancel bond requirements. Dedicationf forf finaneed  therein,er  propesed-te bet eonstrueted theein,ystet-h e OF sewerage systen; water e fepliymaw-ewpwwiww the final plat-byt the zoning aiaistairamdsiherapwPiRast-1294hemein finaneederte-be  -  private-funds-shel padydeasewsginerw onlyift the rpg-daisisiae-tha-lesomsnston-cesis-have-heent paid tot the -the-Tewa-aeeraRed-chec-iBeumtefthe-estmated heEnancalaFangeasaseyie.wPate, in enditi eneduponthecesSHehaeles,eFa.eRteteFtheeonstructiendt Mhesatyinlke-mmiwemte-fhchomtimant mmount shall be basede y-rt-wan constuction-ef sahishatly-t-Towme-impeested  aleula with speeitieations and engineer,where applieable: through 15.2-2261.  said mprovements te insure that required mprovements-are --- ina accordance within twe years-frem date ef starting censtruction and the-bend-shall gasaseesaehperfermance-Phehomds shalt net bet released ut thee construction! hast been inspected and "y----A and the resident (a) As used int this section. the term' 'designated administrative agency" means the planning commissionof thel locality or an agent designated by town council for such purpose as setf forthi inc Code of Virginia, SS 15.2-2258 (b) For the acceptance of dedication for public use of any right-of-way] located within any subdivision or section thereof. which! has constructed or proposedt tob be constructed withint thes subdivision or section thereof. any street, curb, gutter, sidewalk. bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvement dedicated for public use. and maintained by the town. the commonwealth. or other public agency.and for the provision of other site-related improvements required by ordinance for vehicular ingress and egress, including traffic signalization and control, for public access streets, for structures necessary to ensure stability of criticals slopes. and for stormwater: management facilities. financed ort tol bei financed in whole ori inp part by private funds only ift the owner or developer certifies tot the town council that the construction costs have been paidt tot the person constructing such facilities or, att the option oft the town council, presents evidence satisfactoryto  250    Page 146 of147  thet town council that thet time for recordation of any mechanics lien has expired or evidence that any debt for said construction that may be due and owingi is contested and further provides indemnity with adequate surety in an amount deemed sufficient! byt thet town council ori its designated administrative agency: furnishes tot thet town council acertified check or cash escrowi int the amount of the estimated costs of construction or ap personal, corporate or property! bond. with suretys satisfactory tot thet town council ori its designated: administrative agency. in an amount sufficient for and conditioned upon the construction of such facilities. ora ac contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and sO conditioned; orf furnishes tot the town councilab bank or savingsi institution'sl letter of credit on certain designated fundss satisfactory to the town councilor its designated: administrative agency ast tot the bank ors savings institution, the amount and the form. The amount of such certified check, cash escrow, bond, or letter of credit shall not exceed the total of the estimated cost of construction based on unit prices for new public or private sector construction in the locality and ar reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities. which shall note exceed ten percent oft the estimated construction costs. Ifthe owner or developer defaults on construction ofs such facilities. and such facilities are constructed by the surety or with funding from the aforesaid check, cash escrow. bond orl letter of credit, the town shall be entitled tor retain or collect the allowance for administrative costs tot the extentt the costs of such construction do not exceed the total oft the originally estimated costs of construction and the allowance for administrative costs. The term "suchf facilities." as usedi int thiss section, means those facilities (c) Ifa developer records a final plat which may be a section ofas subdivision as shown on an approved preliminary subdivision plat and furnishes to the governing! body certified.check. cash escrow. bond. orl letter of credit int the amount of the estimated cost of construction of the facilities tobe dedicatéd within said section for public use and maintained by the town, the commonwealth/ or other public agency, the developer shall have the right ton recordt the remainings sectionss shown ont the preliminary subdivision plati forap period ofi fivey years from the recordation date ofa anys section, orf fors suchl longer perioda as thelocal commissionor other agent may.att the approval, determine tol bei reasonable, takingi into considerationthesizes and phasingoft the proposed development, subjectto the terms and conditions of this subsection and_subject 1Ocngineringland construction standards and zoning  specifically provided fori int this section.  requirements ine effect att the time that eachi remainings sectioni isrecorded. Statel law reference--Similar, provisions, Codeof Virginia, $15.2-2241(A)5. Sec. 24-734.1 Periodic partial andf final releasé ofcertain performance guarantees.  (Zoning Ord. 2003,81 18.1-1010)  Withins seven days aftert Hotifiention-by the-ewner thatt the eonstruetion is eomplete, the zoning administrater er-his- duly designated agent shall inspeet the censtruction- and netify the ewner in writing oft these items of eonstruetion whieh aret nots satisfaetery,er thatt the eonstruetioni is appreved. The7 Town may release 50)1 pereentef thel bend upent notilication byt thee ownert thats 50)1 percente oft thee construction iscemplete, previdedt thee ewnere certifies that alle construction cests! havel been paid tef persens construeting thet facilities and the zening administrater erl his duly designated agent! hasi inspeeted thef faeiities-te-insuret that 50)1 pereent oft thet work is-complete: (a) There shall be periodic partial and final complete release of any bond. escrow. letter of credit. or other performance guarantee required by the town undert this chapter within 30 days after receipt of written notice by the subdivider or developer of completion of part or all of any public facilities required to be constructed hereunder unless the town council or zoning administrator notifies the subdivider or developer in writing of nonreceiptof approval by an applicable state agency, or of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the 30-day period. Any inspection ofs such public facilities shall be based solely upon conformance with the terms and conditions of the performance agreement and the approved design plan and specifications for the facilities for which the performance guarantee is applicable, and shall not include the approval ofa any person other than an employee oft thet town council. the zoning administrator. the state department of transportation or other political subdivision ora ap person who has contracted with the town council, thez zoning administrator, thes state department of transportation or other political subdivision. (b) Ifnosucha actioni ist taken! byt thet town council or thez zoning administrator withint thet time specified: above, the request shall be deemed approved. and apartialr release grantedt tot the subdividerord developer. No final release shall be granted until after expiration ofs such 30-day period and there is an additional request in writing sent by  251    Page 147 of147  certified mail return receiptt tot the town manager. The town council or the zoning administrator shall act within ten working days of receipt oft the request: theni ifn no action ist taken the request shall be deemed approved and final (C) After receipt oft the written notices required above, ift the town council ort the zoning administrator takes no action within thet times specified above and the subdivider or developer files suit in the circuit court to obtain partial or final release ofabond. escrow. letter of credit. or other performance guarantee. as the case may be. the circuit court, upon finding thet town council ort the zoning administrator was without good cause ini failing toa act, (d) Thet town council ort the zoning administrator shall not refuse tor makea a periodic partial orf final release ofabond. escrow. letter of credit. orc other performance guarantee for any reason not directly related tot the specified defects or deficiencies inc construction oft the public facilities covered bys said! bond, escrow, letter of credit or other (e) Upon written request by the subdivider or developer, thet town council ort the zoning administrator shall ber required toI make periodic partialr releases ofs such! bond. escrow.] letter of credit. or other performance guarantee inac cumulative amount equal tor no less than 90 percent of the original amount for whicht the bond, escrow, letter ofcredit.orc other performance guarantee was taken. and may make partial releases tos such lower amounts as may be authorized by town council ort thez zoning administrator based upont the percentage of public facilities completed and approved by the town council or the zoning administrator, or state agency having jurisdiction. Periodic partial releases may not occur before the completion of atl least 30p percent of the public facilities covered by any bond. escrow, letter of credit, or other performance guarantee. Thet towncouncil or the zoning administrator shall not be required to execute more than three periodic partial releases in any 12- mmonth periodUponi final completion and acceptance oft the public facilities. thet town council or hrmingadminsrator. shall release any remaining bond. escrow, letter of credit, or other performance guarantee to the subdivideror developer. For the purpose of final release. the term 'acceptance" means when the public facilityis accéptedby and taken over for operation and maintenance by the state agency, local government department or agency, or other public authority which is (f) Fort the purposes oft this section,ac certificate ofp partial or final completion ofs such public facilities from eitheradulyl licensed professional enginéer orland's surveyor. as definedi ina and limitedt toCode of Virginia.S54.1- 400, orf from adepartment or agency désignatedbyt thel localitymay be accepted without requiring further inspection  release grantedt tot thes subdivider or developer.  shall awards such subdivider or developer his reasonable costs and attorneys' fees.  performance guarantee.  responsible for maintaining and operating such public facility upon accéptance.  ofs such public facilities.  (Zoning Ord. 2003, $1 18.1-1010.0f) - - - - Statel law reference- Similar provisions'Codeof) Virgina.s1522245. Sec. 24-735. Warranty for water and sewer mprovements.  The developer and the development principals thereof shall provide the town with a guarantee or warranty against defects in water and sewerage facilities for aj period of one year following acceptance by the town of the subdivision publici improvements under town authority, unless saidi improvements were installed by thet town.  (Zoning Ord. 2003, $18.1-1010.02) Secs. 24-736--24-753. Reserved. See. 18-1201.1 Platting required. Sec. 24-754.1 Platt tol bej prepared.  ARTICLEXIV.SUBDIVISIONPLATING: REQUIREMENTS  Eachs subdivision plats shalll be prepared! by as surveyor duly certified! byt the commonwealth, who shall endorse upone each plata a certificate setting fortht thes source oft title oft thel land subdivided: and thej place ofr record oft thel last instrument: int the chain oft title. Where more than one tract isi involved, the outlines oft the several tracts shall be  indicated upon the plata as providedi ins section 24-757b)(13).  (Zoning Ord. 2003,81 18.1-1201.01)  252    Page 148 of147  Sec. 24-755. Recordation of plat andi itse effect.  Af final plats shall ber recordedi int the office oft the clerk oft the circuit court in accordance with section 24-731 herein. No street shall be opened, dedicated, or accepted by thet town nor the right-of-way of any existing streeti in any way impinged upon, nor any public water or sewer service provided, nor any property in a subdivision transferred unless and until a final plat of said subdivision shall have been prepared, approved and recorded, as provided for herein, and until all other requirements specifiedi in this chapter shall have been met. Penalties for  noncompliance oft this subsection are providedi fori ins section 24-169. (Zoning Ord. 2003,91 18.1-1201.02) Sec. 24-756. Vacation of plats and boundary lines.  (a) Vacation of plats with no lots sold. Whsrempss-havehse-yp"Patheea-Rsenie mder hej PomsefNasiemy*.-ywwperiws mdt trustees, Fany-whe-sigadtheeafOwmACmetosainssa-spewdaliasetim120-0 deelaring samet te-be-vaeated-byA-WAe-RsRmemtdayewecuieled,aekaewedgedamdrecerted-he-eiee-e the elerk wherein the PHsskevsdies4-au-issalepese te-destrey the force sd-m-anty Platse-asdankeghsin-andevestia sueh-owners, Ppismaisefis mssapuipipew and ether-publie-areas deseribedi in-sueh-plat- Where no lot has been sold.the recorded plat, or part thereof, may be (1) With the consent oft the town council. ori its authorized atbhomihaafagien andt trustees.if any, who signed thes statement required by Code ofVirginia, $15.2-22642 ata any time before the sale of any lott therein, by awritten instrument, declaring the plattobe vâcated, duly executed, acknowledged or proved and recorded in the same clerk's office wherein the plâtto be vacated is recorded and the execution: and recordation of such writing shall operate to destroy the force and effect of the recording oft the plats sO vacated and tod divest all public rightsin. and tor reinvest the owners. proprietors and trustees. ifany. witht the title tot thes streets. alleys. easementsforp publie passage and other public areas laid outor (2) Byo ordinance, provided that no facilities forwhich! bonding isi required pursuant to Code of Virginia, SS 152-2241-152-22457 have been.constructed ontheproperty: andr nof facilities have been constructed on any related section of thepropertylocatedi in the subdivision withinf five years of the date on whicht the plat was first recorded.The ordinance shall not be adopted until after noticel has been given as required by Code of Virginia. $15.2-2204. Thenotice shall clearly describe the plat or portion thereof to_be vacated and state the time and place oft the meeting of the town council at which the adoption of the ordinance willl be voted upon. Any person may appear att the meeting for the purpose of objecting tot the adoption oft the ordinance. Ana appeal from the adoption oft the ordinance may be filed within 30 daysof the adoption oft the ordinance with the circuit court. Upon appealt the court may nullify the ordinancei if itfinds that the owner oft the property shown ont the plat willl bei irreparably damaged. Ifn no appeal from the adoption oft the ordinancei is filed within the time above provided ori ift the ordinance is upheldon appeal, ac certified copy oft the ordinance of vacation may be recorded int the clerk's office of any courti in 3) The execution and recordation of the ordinance of vacation shall operatet to destroy the force ande effect ofther recording oft thep plat.ora any portiont thereof. so vacated. andt tod divesta allp publici rightsi ina andt tothe property andi reinvest the owners. proprietors and trustees, if any,witht the titlet tot the streets, alleys,and easements for public passage and other public areas laid out or describedi in the plat. (b) Vacation ofr plats withl lotss sold. In-eases where-anyl lot! has beens seld,aplater part thereef may bev vacated accerding" teeither ofthef fellewing methods: Inc cases where any lot has been sold, the plat or part thereof may be Bywritteni instrument agreeing te said vacation signed by all ewners of lots shewn en said plat and by the-zoning administrater Ont behalf ofs and witht thes approvaloft EOREs-Tewen "owners" shall neti inelude lien erediters exeept these whese debts ares securedb byar recerdede deed oftruste OF mortgage. The instrument ofvacation shall be aeknowledged in the manner ofae deed and recerdedin  vacated according to either oft thef following methods:  describedi int the plat.  whicht the plati is recorded.  vacated accordingt to either oft thef following methods:  253    Page 149 of147  theoffice et thee elerk whereint thei plat tet be vacated 1S recerded.  Byerdinanee ef the town couneile en motien ef ene et its members OF an applieation of any interested persen, after notice and publie hearingi in accordanee with requirements of Cede ef Virginia,-152 2204,as amended. An appeal-from the adoptien of the ordinance may bef filed within 30 days with the reuite courte ef thecounty. Upon such appeal the court may sallify-theerdimanei ifitf findst thatt thee ewner it any-lotshewB-ORt thej piat WH beirreparablye damaged. Hnet appealf fromt thes adoptione oft theerdinanee isupheld on appeal,a-eertified cepyeft the erdinanee of vacation shall be recerded int the office-eft the (1) Byi instrument iny writing agreeing tot the vacations signed by allt the owners of lotss shown ont the plat and also signed on! behalf of the governing body oft the locality in whicht the land shown on the plat or part thereof tob bey vacatedl lies for the purpose ofs showingt the approval oft the vacation byt the governing body. In cases involving drainage easements or street rights-of-way where the vacation does not impede or alter drainage or access for any lot owners other than those lot owners immediately adjoining or contiguous tot the vacated area, the governing bodys shall only be requiredt to obtaint the signatures oft the loto owners immediately adjoining or contiguous tot they vacateda area. The term "owners" shall noti include lien creditors exceptt those whose debts are secured by arecorded deed of trust or mortgage ands shall not include any consort of an owner. The instrument of vacations shall be acknowledged int the manner ofa deed and filed for recordi int the clerk's office of any court in whicht the plati is recorded. (2) Byordinance onr motion of one oft the members oft the lowncounciloron: application of anyi interested person. The ordinance shall not be adopted until aftér notice has been given as required by Code of Virginia, 81 15.2-2204.7 Ther notices shall clearly describe the plator portion thereof tol bey vacated and state the time and place of thei meeting oft the governingbody: àtwhicht the adoption of the ordinance willbe voted upon. Any person may appear at the meeting forthe purpose of objecting tot the adoption of the ordinance.. An appeal from the adoption oft the/ordinancè-mayl be-filed within 300 days with the circuit court having jurisdiction of the land shownon the plat or part thereof to be vacated. Upon appeal the court may nullify the ordinance ifi itf finds that the owner of any lot shown ont the plat willl bei irreparably damaged. Ifr no appeal from the adoption of the ordinanceist filed within the time above provided orif the ordinance is upheld on appeal,a cèrtified copy oft the ordinance of vacation may bei recorded in the Roads within the secondary systemof highways-may be vacated under either of the preceding methods and the action will constitute abandonment of the road, provided thel land shown ont the plat or part thereof tol be vacated has beent thes subject ofar rezoning orspecial exception: application approvedi following public hearings required by Code of Virginia, $1 15.2-2204 and provided the commissioner of! highways orl his agent is notifiedi in writing prior totl thep public hearing, andj providedf furtherthat the vacationi isi necessary inc order toi implementa aj proffered condition accepted by the town council pursuant to Code of Virginia, $ 15.2-2297, 15.2-2298 or 15.2-2303 ort toi implement acondition ofs special exception: approval." Ther manner oft reversion shall not! bea affected by this section. (c) Effects of vacation. Thei recordation oft thei instrument provided ins subsection (a) or (b) oft this section, or oft the ordinance as provided ins subsection (b)(2) oft this section, shall operate to destroy the force ande effect of the recording oft the plat orp part thereof SO vacated, and to vesti fees simplet title tot the centerline of any streets, alleys, or easements for public passage sO vacated in the owners of abutting lots free and clear of any rights oft the public or any owners ofl lots shown ont the plat, but subject tot thei rights oft the owners of any public utilityi installation which have been previously erected therein. If any such street, alley, or easement for public passage is located ont the periphery oft thej plat, such title for the entire width thereof shall vest ins such abutting lot owners. The fees simple title to any portion of the plat so vacated as was set apart for other public use shall be revested in the owners, proprietors andt trustees, ifa any, whos signedt the certificate of owner's consent tos subdivision, as provided ins section (d) Vacation ofk boundary lines. ehumlaylineafeyiaefimyhemhsaadershamie altered as-a-part of ane otherwise-valids and properly recorded-plat efsubdivisien OF resubdivisien provided such actiene dees noti invelvet the releeation OF alteration-efs streets,publie easements OF ether publie areas; and previded further, that ne easement OF titility fights-ef-way shall be-releeated OF altered without the expres-censentofal persens helding anyi interest therein Thel boundary lines of anyl lot or parcel ofl land may be vacated. relocated or  elerk wherein the plat te be vaeatedi is-recerded.  çlerk's office of any court inwhichd the platisrecorded.  24-757(c)(7): free and clear of any rights of public usei int thes same.  254    Page 1500 of147  otherwise altereda asa apart ofa and otherwise valida and properly recorded plato ofs subdivision orr resubdivision approved asp providedi int this chapter orp properlyr recorded prior tot the applicability oft this chapter. ande executed! by the owner or owners oft thel land as providedi in Code of Virginia, $1 15.2-2264. The action shall not involve ther relocation or alteration ofs streets. alleys. easementsi for public passage. or other public areas. No easements or utility rights-of- way shall ber relocated or altered without the express consent ofa allp persons holding any interest therein. Statel law reference- -Similar provisions, Code of Virginia, SS 15.2-2275, 15.2-2271, 15.2-2272.  (Zoning Ord. 2003, $1 18.1-1202) Sec. 24-757. Preparation of preliminary plat. following requirements:  (a) Preliminary plat requirements. The preliminary plat shall be legibly drawn in accordance with the (1) One ori mores sheets may beu used, each tol be numbered: as" "page (number) of (total number of pages)"if two orr more sheets are used, each sheet shall show the name oft thes subdivision: andi matchl lines shalll be The scale shall not bel less than onei inch equals 1001 feet.' The: zonihg administrator may accept a scale whichi is sufficient to clearly show allr required details ont the plat (3) Where the complete plat cannot be shown on one sheet, anindexmapshall be provided on a separate (b) Preliminary plati information. Thej preliminary plats shalli Taganapahtomswe (1) Date of! plat andi name ofs surveyor preparing it, showno oneachsheet. (2) Scale andi north meridian, designated' "true" or" "magnetic" and oriented tot thet top of each sheet, where (3) The name and signature oft the owner, shown Onthe Firsts sheet (4) Sources of data usedi inp preparing the plat,i including thec deed book and page number of the last instrument (5) Locations, lengths, and bearings oflines ofithe-proposed subdivision, with names of all adjoining property owners andt thel location'of each oft their common boundaries including established streets and (6) All pertinent natural andhistorical features'and1 landmarks; including existing and finished contour lines as needed for review of drainage and' sewer facilities, and including watercourses, marshes, lakes, Alls subdivisions, jurisdiction boundary lines, streets, alleys, or other public ways; and other landmarks, ifa any, within 2,0001 feet oft the proposed subdivision shown on ani insert on the first sheet ata a scale no (8) Total: acreage oft thej proposed subdivision: and the acreage remaining int the original tract, ifa any. (9) The location of existing buildings in and within 100 feet of the subdivision, and the location and (11) Proposedl lot lines withp proposed dimensions, buildingl lines ande easements, and thej proposed use ofe each lot and other areas,i including significant natural features, and those areas tol be used for parking, open space, recreation, commercial purposes, or public org governmental use, ande existing and proposed utility (13) If the proposed subdivision consists ofl land acquired fromi more than one source oft title, the outlines of  provided toi indicate wheres sheetsj join. sheet atar reduced scale.  practical. int the chain oft title.  waterways; and adjoining streets with their names. impoundments, and areas of significant vegetation. smaller than 6001 feett to onei inch. description ofa alle existing markers.  (10) The proposed locations, widths, andi names of alls streets and: alleys.  installations.  (12) Proposed lotr numbers and block letters.  thes several tractss shalll be shown andi identified ont thei index map.  255    Page 151 of147  (14) A map showing the location of the proposed subdivision with respect to any designated floodplain district, including information, but not limited to, the 100-year flood elevations, boundaries of the floodplain districts, proposed lots and sites, fills, flood ore erosion protective facilities, and areas subject (15) Indicate current zoning oft the parcel ofl land tol bes subdivided: as provided herein. (c) Items to accompany, preliminary plat. The following items shall accompany the plat at the time itis (1) A statement by the resident engineer that the subdivider has consulted with him as to the plans and specifications of any streets, water lines ands sewer lines andj public parking areas that arei includedi int the subdivision: and as to any special treatment which willl be required int their construction, including the (2) A statement by the health department ort the town, where applicable, that thes subdivider has consulted with respect top providing water supply and/or sewage disposal facilities and that an adequate proposal for providing each building lot with a safe water supply and an adequate means of sewage disposal has (3) A statement by the administrator of the county erosion and-sedimentation control ordinance, as designatedbyt thet townr manager, statingt that thes subdivider has'consulted withl him as tot thei requirements (4) As statement by thes subdivider: acknowledging thati requiremerits oft thel health department and applicable (5) A statement by the subdivider acknowledging thati requirements of thei resident engineer willl be carried (6) A statement by the subdivider acknowledging thatan erosion and sedimentation control plan has been prepared and that requirements of the eroionaml-aimglation program will be carried out at the As statement by the subdivider, in-accordance with) Code of Virginia $ 15.2-2264, as amended, to the effect that the subdivisionis-with: free consent-andi in accordance with the desires of the undersigned owners, proprietors, pamaseermpplcable and setting forth allr restrictive covenants, reservations, and dedications appliçable tothe propoxedsubdivision, giving an outline oft the terms proposed and (a) Final plat requirements." The final plat shall be legibly drawn and submitted in accordance with the One ori mores sheets may beu used, each tob ber numbered: as" "page (number) of (totalr number ofp pages)";if two or mores sheets are used, each sheet shalls show ther name oft thes subdivision, andi matchl lines shall be (3) The scale shall not bel less than onei inch equals 1001 feet. The zoning administrator may accept a scale (4) Where the complete plat cannot be shown on one sheet, ani index map shall be provided on a separate (b) Information contained onj fnal plat. The final plats shall include thei followingi information: (1) All oft thei information: required of preliminary platsi ins section? 24-757(b). Bearings, lengths, widths, centerlines, easements and rights-of-way ofe every street and alley withint the subdivision; data for all curves and angles in streets and alleys; location or iron pipes marking street  tos special deed restrictions. submitted tot the zoning administrator:  drainage system which willl be required.  been prepared. ofs said program.  approving authorities willl bec carried out att the expense ofthesubdivider  out at thee expense oft the subdivider. expense of the subdivider. acreage involved. (Zoning Ord. 2003,91 18.1-1203) Sec. 24-758. Preparation off final plat. following requirements:  (1) Copies shalll bep permanent copies of original tracings. provided toi indicate where thes several sheets join. whichi iss sufficient to clearly show alli required details ont the plat.  sheet ata ai reduced scale.  256    Page 152 of147  corners, anglesi ins streets, and the beginning (marked PC) and end (PT) of each curvei ins street. (3) Buildings setbackl lines, with distance tos street right-of-way: andl length of thes setback line fore eachl lot. (4) Location, bearings, and dimensions ofa all lotl lines withl location ofr markers shown. (5) Land or water areas tob be dedicated or reserved for streets, alleys, parking areas, or other public use, or forc common use ofi future property owners int the subdivision. (6) All restricted covenants or reference to wheres such covenants are filed. (7) Ane execution of thec owners consent tos subdivision, ina accordance with Code of Virginia $1 15.2-2264, as amended, tot thee effectt that thes subdivision: is withi free consent andi ina accordance with the desires oft the undersigned owners, proprietors, and trustees, as applicable, ands setting forth all restrictive covenants, reservations and dedications applicable to thej proposeds subdivision. (8) Ac certificate signed! byt the surveyors settingf forth: Thes source oft title oft the owner of thel land subdivided. The place ofi record oft thel last instrument: int the chain oft title. All markers ares shown and described int thej plat and: arei inplace as shown. (9) Space for signature of approval of the zoning administrator, a state department of transportation representative, anda as state department of! health representative, asappropriate. (10) Name and signature of any owners of property over whicharight-of-wayi traverses whichi isi intendedto provide required access tot thes subdivision. The signatureb blockshalli inçlude the following statement: "The owners understand. and accept thej prescribed right-of-way on their property as ai means of access toas subdivision of property. Itis understood: and acceptedthati maintenance oft the: access road will take (11) Forp properties not servedb by publics sewer,as signatureblock fort the developer's state-certified on-s site soil "Icertify that soils evaluationpworkfort thissubdivision! has been done ina accordance with! boths statel law, and Amherst County ordinances relating toon-site sewage disposal. Data resulting from soil work, including treatment systems, pre-treatment systems, primary and reserve drainfields, has been (c) Items to accompany, finalplat. The following items shall accompany the final plat at the time of (1) An unexecuted copy of the proposed deed of dedication, accompanied by a certificate signed by the subdivider and duly acknowledged before an officer authorized to accept acknowledgements of deeds, certifying that the copy isat true copy oft the proposed deed of dedication which will be presented for recording. Said deeds shall contain! language excepta as provided! hereins sucht that whent thec deedi isr recorded its shall operate tot transferi inf fees simple tot the county such portion oft thej platted premises asi is set apart ont thei final platf fors streets, alleys, easements, ord other public use, ands shall createap publicr right ofp passage over thes same; ands shallo contain: acomplete descriptionoft thel lands subdivided: anda any restrictivecovenants and reservations applicable to the subdivision. When public water and/or sewerage facilities shall be involved, a grant of easement to the town for maintenance and servicing public utilities shall be established; and, further, itr must bej provided that alli individuals and entitles providing public services requiring ingress and egress for themselves, their agents, ande employees, and equipment shalll have the necessary easements to accomplish said public service. Public service shall include, but not bel limited to, the following: public refuse collection service; public school bus service; U.S. Postal Service; fire, police and rescue service; telephone and power repair and maintenance trucks and any and all similar (2) A statement signed by the administrator of the erosion and sediment control ordinance of the county certifying approval of the soil erosion and sedimentation control plan submitted by the subdivider, as  place withint the right-of-way." evaluator, stating:  appropriately evaluated anda approved by the.state department of health."  submission tot the zoning administrator  services.  257    Page 1530 of147  provided fori int thes soil erosion and sedimentation control ordinance.  (3) A certificate signed by representatives oft thel health department and thet town, where applicable, andi in the case of subdivisions to be served by on-site sewage disposal systems, by the developer's state- certified on-sites soil evaluator, stating that the water and sewer systems proposed are acceptable and in conformity with current requirements of the state department of! health and town ordinances, and that each lot will have an adequate and safe water supply and an adequate means of sewage disposal, if applicable. Inl lieu oft thec certificate thes signature oft thea appropriatel health department and/ort town official may (4) Acertificate signedb by the resident engineer statingt that thep plans for: alls streets, street signs, and drainage systems are acceptable andi in conformity with applicable requirements and certifying approval of any installation of such improvements already undertaken. Inl lieu of the certificate the signature of the appropriate state department oft transportation official may ber required to appear ont thej plat.  ber required to appear ont the plat.  (5) Ap performance bondi ina accordance withs section? 24-733.  (Zoning Ord. 2003,1 18.1-1204) Sec. 24-759.. Acceptance ofi improvements.  The subdivider shall dedicate to the town, county, and the highway department, where applicable, all land required for streets, easements and alleys and other public facilities as required in this chapter. The zoning administrator orl his duly designated agent and ther resident engineer, wherea applicable, shall make suchi inspections during and after final installation of the improvements requiredherein as shall bedeemed necessary, and no installation: shall bea accepted as completed until approved! bythez zoningaAdminisinipror: his duly designated agent, andt the resident engineer, where applicable, excepta as otherwise providedf fori ins section! 24-733.  (Zoning Ord. 2003,81 18.1-1205)  Sec. 24-760.. Administrative review of certain phi    (a) Notwithstanding the provisions stated elsewherein this-chapter, the zoning administrator is hereby delegated the authority to give preliminary and' final approval int the name and on behalf of the commission to applications for approval ofa a subdivision not'exceeding fourlotsi ins size provided no new street, and water and sewagef facilities arei involved; ther easataekw. approved by the appropriate agent; no variances arei involved; and allt thei requirementsset: forthh herein are met. Any actions by the: zoning administrator pursuant to (b) In the case of reconfigured lots, the applicant shall submit three copies of the plat to the zoning administrator: for review anda approval. Oncea a detérmination! hasl been made that the platr meets thes standards oft this article, the zoning administrator shall approve and sign the plat, retain one, and return the others tot the applicant. (1) Every plat whichi isi intended for recordings shall be prepared by a certified professional engineer orl land surveyor who shall endorse upon each such plat a certificate signed by him setting forth the source of title of the owner oft thel land involvedi int thei recontiguration: andt thej place of record of thel lasti instrument  this section! hereins shall ber reportedt tot the commission ati its subsequent: meeting. Thei reconfiguration plats shall clearly show thei following information:  int the chain oft title; 2) Date of plat; 3) Scale; (4) North: arrow; (5) Adjoining property owners; Name and signature ofc owner notarized; (9) Tax map section, block and lot number;  (6) Bearings and distances ofa alll lines surveyed as part oft the reconfiguration;  (8) The acreage and frontage width oft the reconfigured properties or as statement certifying the surveyor's knowledge that ther reconfigured) properties meet thei minimum: acreage: andi frontage widthi requirements;  258    Page 154 of147  (10) Plat clearly labeled reconfiguration! by thes surveyor; (11) Signature blocki fort the: zoning administrator. of approval ori it willl becomei invalid. (Zoning Ord. 2003,1 18.1-1206) Secs. 24-761--24-788. Reserved.  Thea applicant shalll ber responsible fori recording thep plati int thec office oft thec clerk oft the circuit court within oney year  Sec. 24-789.1 Design requirements. ARTICLEXV.SUEDIVISIONDESIGN  STANDARDS. ANDI REQUIREMENTS  (a) General requirements. The following general design requirements shall apply to alls subdivisions: (1) Land subject to flooding, improper drainage, or erosion, or whichi is for topographical, geological or other reasons unsuitable for residential use shall not bep platted fori residential use nor for any other uses that willi increase the danger tol health, safety, or property destruction, unless thel hazards can be and are (2) The name oft thes subdivision must have the approval of thej planning commission. The name shall not (3) Access toe everyl loti ina as subdivision: shalll be providedo overapublics street. Street names shall require the  corrected.  duplicate nor closely approximate the name of ane existings subdivision. approval oft thec commission.. Road signs shalll bec expense oft the subdivider. (4) All proposed subdivisions shall conform tot effect att the time ofs submission tot the (b) Street requirements.  specifications att the and development policies in   a  hedaigrefashirisomaNeioiepmgisg-iremen:  All leeation, geometrie ign  a subdivision shall bein accerdance With the fellewing  ands shall be appreved-by Phe-suhkonite eieisandelherpsaergalaiowhaiems-eFh-lighway esyRyw ghvayimpronemempimmeriseguraimt imeludingrequests The eurrent transpertation plan for thel Lynehburg urbanizing area and adopted by thet town couneil andt the Central Virginia ransportation Planning Couneil. dditionals street designt requirements fors subdivision streets shall be met: xistings street #gH-eF-ways-sha be continued at the same OF greater width, but in ne ease treet ntersections shalt bet as nearly at right angles as pessible with ne streeti interseetion Street intersections withe eenter line offsets-of less than 125 feet shall not be permitted; Streets shall be reserved at strategie leeations te provide for future access te adjeining properties- whieh may be subdivided in the future. Eaeh street eonneetion shall interseet preperty lines at 90€ degree anglee OF ase etherwise approvedby- appreving autherity; Cule de saes, OF dead end streets, shall be not less than 200 feet in length. They shall be prewvided at the elesed end with at tuFn areund ofat least 604 feeti in Fadius, unless otherwise  the residente engineer: department; eftheTewn Thel TowacmpMahepw  waye eFany-subdivisien street bel less than 50) feet in width.  being at any angle ef less than 60€ degrees;  259    Page 155 of147  appreved by the resident engineer for fuere-extemsions-oft thes street;  traffie velumes OF the likeliheodef  Wherea asubdivisions abutse OF contains arailread: right of way OF nen accessible street, which shall inelude any limited access highway OF major street, as defined in the State Highway mprevements Plan, as amended, OF anystreet with a proposed future tighrafway-widlhef 65)f feet Of greater in said plan, OF any street on the state system of primary highways,the commissien may requirea as street appresimately parallel te ande en each side ofsuch right-of way either as at marginal access street, ata distance suitable for an appropriate use of intervening land, with at non-aeeess feservation suitable platted. Due regard should bes givert te requirements for appreach grades and future grade separations in determining distanees Residential lots have access onlyt te secendary streets; the commission may require through Subdivisions that adjoin existing streets shall dedieate additional tghtafwayifnsiatt meet the minimum street width requirements set masi.me. thee entire Fght wayshall epoiiwiwewnt beth sides thei required EHoFway-meNRdgrteemt-tine of the existing roadway, shatt  lets;  theexisting Streets: Whent the bei provided. hen subdivisient abuton-enes hways,th ive 25) ube preperty surfacing uehs street; subdivisioni HE finds it Wi bei  peedomenyomssdegfanesing street, one haf(2)ef  ny-street which has beeni ineluded int the shall be required te-dedicate twenty-  vay,as-meast d-from-the centerline of the street te the subdivider all net be responsible for grading OF requirements oft these regulations; wheret thee commission thededication- of the ether half when the adjeining  Half streets shall be prohibited exeept wheret essential tet the reasenable develepment oft the  theother halfofthe street shallt bet platted withins sueh-traet; pn aret asi follows: weyshal-belessthm: 20 feeti in-width: Povidain-cmmeial- and industrial distriets, except where ether and assured previsieni is-made for service access, such-as e! street parking, ding and wnlgading-cmsisient with and adequate for thet uses propesed; ys shall not be provided in residential subdivisiens and develepment unless the ubdivider prevides-evidenees satisfaetoryt te the eommission oft the needf for alleys; Heyi intersection and sharpchangest in alignment shall be-aveided, but where-necessary cerners shall provide-s sufficient Fadius tof permit safe vehicular movements- Dead- end alleyss shall be aveided where pessible but, ifunaveidable, shall bes previded with adequate Eun around facilities at thee deade end, as determined by the commission;  (I) The design and installation ofs streets shall conform to VDOT standards.  Street names shall require the approval oft the commission which shall not approve new street names until after a recommendation is received from the county. Streets that are obviously in alignment with streets already ine existence and: already named shalll be givent the name oft those ofe existing streets. (3) The subdivider shall ber responsible fors securing written approval oft thes street design by VDOT priort to approval oft the final plat. Allr newj public and private streets shall bes subject tot this requirement. Bleek lengths and widths. Bleek lengths and widths shall be determined based on the fellowing  Fequirements:  260    Page 1560 of147  Bleeks shall net be greater than 2000) feet nor less than 200) feet in length, provided, hewever, the planning eommission may waive this provision when in the judgment of the eommissien extreme topegraphie cenditions woulde eause undue! hardshipifthe subdivider cemplied with this previsien. Bleekss shall be wide eneugh-tei provide PH#RAdX Pha majer streets, limited access highways, OF Failreads OF raw make this requirement impraetieable in whieh ease the planning eommission may approveasimgle-tiere ofletsof Bleeksi intended for non residential use shall provide adequate spacef for service access and off street (1) Lot areas and dimensions and yard areas shall conform to applicable requirements of articles VII and 2) Lots shall not contain peculiarly shaped elongations solely top provide necessary square footage of area 3) Every lots shall front on aj public street, and the side lines ofl lots'shall be approximately at right angles, (4) Int the case ofl lots for residential purposes, thel lot areas sballçonformtothe requirements of article VIII oft this chapter. Thel lot area may be greater than the minimum specifiedif the commission finds that condition ofl healtha and/ors safetys sO require, based oni Fecommendations oft thel health department, or other (5) Double frontage lots should be avoided excépt where essential to provide separation of residential development from traffic arterials or toc overcome specific disadvantages of topography and orientation. A planting screen easement of atl least ten feet, àndacross which there shall be nor right of access, shall bep provided along thel line ofl lots abutting suchatrafficarter or other disadvantageousi use. (6) Draini fields and reserve drain fields must bel locatèdwithin the mainl body of the lot theys serve. Peculiar lot configurations toa accommodate.drain fields located remotely from ther main building site shall noth be (d) Environmental. designcequirements Landtol bes subdivided: shall bel laid out andi improvedi ini reasonable conformity toe existing topography,in order to minimize grading and cut and fill, and to1 retain, insofar as possible, the natural contours, limit stormwater rnoff, andconserve the natural cover and soil. An erosion and sediment control plan must bes submitted: and approved priof tor removal of any topsoil and/or gravel or any grading activity. All grading activity shalll be donei ina accordançer witht thej provisions oft thec countye erosion ands sedimentation control ordinance. Calculations shalll bes submitted: as part of the erosion: ands sedimentation plan whichj justifyt the design of (1) Easements having ai minimum width of 201 feet shall be provided as are necessary for utility lines, and underground mains and cables, where appropriate. Where a subdivision: is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater drainage easement of adequate width, but not less than eight feet. Parallel streets may be required by the commission in connection (2) Itisl hereby required therel bea conveyance of common ors sharede easements tof franchised cable television operators furnishing cable television and public service corporations furnishing cable television, gas. telephone and electric servicet tot the proposed subdivision. Once adeveloper conveys an easement that willj permit electric,cable ort telephone servicet tobef furnished toas subdivision, the developer shall, within 30 days after written request by a cable television operator or telephone service provider, grant an easement to that cable television operator or telephone service provider for the purpose of providing çable television and communications services to that subdivision, which easement shall be geographically coextensive with the electric service easement. or if only atelephone or cable service  minimum depth- Lot design requirements.  parkingi Hi accordance with Aride-VHafahirdhaper VIII oft this permifvpisakstt 1301-03-herein. ors street footage which would be unusable for normal purposes. orr radial tot the street line unless otherwise approved.  appropriate agencies.  permitted.  runoff control measures. (e) Easements.  therewith.  261    Page 157of147  easement has been granted, then geographically coextensive with that telephone or cable service easement: however. the developer and franchised cable televisiono operator ort telephone service provider mayi mutually agree on an alternatel location for ane easement. Ifthe finals subdivision plati ist recorded and does not include conveyance of a common or shared easement as provided herein, the planning commission or zoning administrator shall not be responsible to enforce the requirements of this (f) Privates streets. Allr news streetss shallb be designed: and constructedi ina accordance with' VDOT's subdivision street requirements. Private streets are discouraged but may be allowed inj planned unit developments and other  subsection.  State law reference- Similar provisions. Codec of Virginia. $15.2-2241(A)6. special applications upon issuance ofas special use permit by thet town council.  (Zoning Ord. 2003,81 18.1-1301) Sec. 24-790.1 Physical improvements. oft this article:  The subdivider: shalli install thef following physicali improvements atl his costi ina accordance with thej provisions (1) Markers. Markers shall bei installedi ina accordance with the following provisions:  Markers shalll bei iron pipes ors steel pins five-eighths ofa ani inchi inc diameter and 15i inches long and driven so ast tol be flush with finished grades at all street.cormers, angles ins streets, the beginning and end of all curves in streets, at all points where the streeti intersects the exterior boundaries of Where rocki ise encountered, al hole shalll bedriledfourinches: deep,i into whichs shall bec cementeda steel rod one-H -halfi inchi inc diameter, the topo of whichshallbef flush with thef finished gradel line. 2) Water and: sewagej facilities. Water and sewagefacilities shall beprovided in all subdivisions ands shall All public water and sewage facilities shall be-constructed in accordance with the current specifications oft thel healthdepartment, ort thetown, whichever is applicable. b. All public water and séwages systems shall bei installed at thee expense oft the subdivider, and where oversized lines or pumpingstations are required by the health department, or thet town, whichever is applicable, toprovide capacity to_handle flow originating from outside the subdivision, the subdivider: shalli installt the additional water and sewage facilities as provided fori int the current line extension policies ofthe agency requiring the additionali facilities. All lots located within the subdivision shall be connected to existing public systems under the Whenever the subdivisioni is 1,000f feet or less from an existing public water and/or sewage system, the subdivider shall be required to install the appropriate connecting lines to the existing systems as provided fori int the current policies of thel health department or thet town, . Whenever the subdivisions is more than 1,000 feet from an existing public water and/or sewage system, the town council may require the subdivider to install the appropriate connecting lines as provided fori int the current policies oft thel health department ort thet town, d. Non-public water systems and/or on-site sewage systems may bei installed provided that public water and/or sewage systems cannot be constructed: in the subdivision as determined by thet town All water and sewage facilities shall be inspected and approved by the appropriate official in accordance with section 24-758(c)(3). All water and sewerage facilities installed by a developer shall bei inspected by al licensede engineer who shall certify that thei installation was done according toas set ofa as-built plans and certify tot the town, VDOT, and thes state department of! healtht that all  thes subdivision and alll lot corners and angles. adhere tot the following requirements:  following conditions:  whichever: is applicable. whicheveri is applicable.  council.  262    Page 158 of147  required testing was performed and: approved.  All private waste disposal systems including their reserve areas shall be located on the same property ast thel building site that the private waste disposal system benefits. Streets and drainage. Streets and drainage facilities shalll bec constructedi ina accordance witht thet following Extensions ofe existings streets or new streets ofs subdivision shall bep paved before being opened to the public. Inl lieu of completion of pavement, al bond or suretys shall bej provided: asi ins section 24- 733. Pavements shall bei int thee entirel length of the portion oft thes street opened tot the public. Streets shalll bec constructed: ina accordance with the specifications oft thes state department of highways and Street identification signs approved by the zoning administrator shall be installed at all street Alls street and drainagei improvements shall bei inspected: andi foundi in compliance with requirements oft this chapter ands standards oft thes state department of! highways and transportation, ase evidenced byt the written approval oft thei resident engineer, as providedins section 24-758(C)(4). Where outdoor recreationi facilities arep providedi inc connection with common opens space, theys shall bec ofac design and construction: approved by the commission. b. Where the subdivider wishes top plant trees betweent thepavement edge and the adjacent right-of- wayl lines, hes shall first confer witht the zoning administrator to determine thes side oft the street on whicht the utility polef for power, streetlights andt telephone willbel located. Ont thes side oft thes street on which the utility pole willl bep placed, thètrees shalll bel limited tot those not exceeding 20f feeti in maturel height. Ont thes side oft the street oppositethe utility polel line, the planting of trees shall not Thes subdivider: shall obtainapprovalfromt thet towncouncili fort thec designofas streetl lighting system. Thes subdivider shall fund thei installation, installork have installed any street lighting systemserving thes subdivision andi makeappropriate: arrangements fori its maintenance.  requirements:  transportation.  intersections in any subdivision! by the subdivider.  (4) Otheri improvements.  ber restricted.  (Zoning Ord. 2003, $18.1-1302)  -  Sec. 24-791. Reservation ofl land for communitylacilities: and open space.  (a) Where features of thet towno comprehensive plan, such: as school sites, parks, and other public spaces are located in whole ori inp parti ina aj proposeds subdivision such features shalll ber reserved by thes subdivider. Whenever suchi reserved land, or any portion thereof,i isnot acquired, optioned, or condemned! by the appropriate public agency within a one-year period from the date of recording the subdivision, the subdivider may claim the original reservation, or portiont thereof, and causei it tob bes subdivided: in a manner suitable to thes subdivider subject tot the provisions herein.' The commission may waive this reservationi requirement whenever thej public body responsible forl land: acquisition executes a written release stating that such: aj planned featurei is not being acquired. (b) Whenever the plat proposes the reservation of land toj public use and the planning commission or the appropriate agency finds that suchl land isi notr required ors suitable for public use, the commissioni may either refuse toa approve said plat ori itr may require the: arrangement ofl lots within suchl land.  (Zoning Ord. 2003,91 18.1-1303) See. 18-1401.Intent.  This-artiele-servest tet present elearlyt ther responsihilitiesefthes publie-bediest that administer this chapter.The espemsibiltiesimelade: these delegated-by 5d-ywa.w S,efthe-CadeefVirginia-199,as amended, as wellas thoser lslay-msadflidpe.  (Zoning 0n4-290-4-18-1-140)  263    09:161 <  Navy Mom Support Group  Q :  Our son has been in the Navy, going on 4 years. This display is something that is offered in our County, by donation. I've wanted one for the longest time to honor our son, but couldn't justify the $350 donation. My place of work sponsored this banner. It went up last Sat. Ijust found out today. 0 Ijust wanted to share Mom's proud  moment.  5:21 PODDMO  6EM9 98%  brte Eachest PROUDLY  SALUTES  AM BRILEY NAVY  ADATEATINA  1 Home  a  Watch Marketplace  News Notifications Menu  264