Article 618

Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase the danger of health, life, or property, or aggravate erosion or flood hazard.

Ten copies of the original application and preliminary plans are required to be filed with the zoning administrator.

The construction and provision of all facilities and improvements on common property, which are shown on the final development plan, must proceed at the same rate as the construction of dwelling units.

The developer shall create a property owners group to be responsible for maintaining all common property. The cost of maintaining common property shall be paid by property owner assessments and such assessments shall constitute a lien upon the individual properties.

If no construction has begun or no use established in the planned development within one year from the approval of the final development plan, the final development plan shall lapse.

The city council may, upon receipt of written application, extend for one additional year the period for the beginning of construction or the establishment of a use.

The site development plan shall include a plan for adequate drainage.

All drainage shall meet and be built to VDOT specifications and can be environmentally friendly.

The city council may, upon receipt of a written application, extend for six months the period for filing of the final development plan.

Within six months following the approval of the preliminary plan, the applicant shall file with the zoning administrator ten copies of a final development plan.

Fire hydrants shall be placed according to the specifications of the fire marshal.

Landscaping and screening may be provided to improve the project appearance or to provide a buffer between potentially conflicting uses. Site distances at all intersections shall follow VDOT specifications.

Increase of the total ground area covered by buildings by more than five percent is not allowed.

Variation of the proposed residential density or intensity of use by more than ten percent is not allowed.

Increase of the floor area proposed for nonresidential use by more than ten percent is not allowed.

Reduction of more than ten percent of the area reserved for common open space is not allowed.

The governing body or administrative agency shall not be required to execute more than three periodic partial releases in any twelve-month period.

Concrete monuments four inches in diameter or square two feet long, with a flat top, shall be put at all street corners, at all points where the street lines intersect the exterior boundaries of the project area, and at right angle points, and points of a curve in each street.

The developer shall make every reasonable effort to protect and preserve the natural amenities of the site such as tree cover, waterways, scenic overlooks, etc.

Periodic partial releases may not occur before the completion of at least 30 percent of the public facilities covered by any bond, escrow, letter of credit, or other performance guarantee.

Before the acceptance of dedication for public use of any right-of-way located within any subdivision, the owner or developer must certify that construction costs have been paid or furnish a certified check, letter of credit, cash escrow, or contract for construction in the amount of the estimated costs.

The subdivider shall record the approved plat in the office of the clerk within 60 days after final approval.

Within 60 days after the filing of the preliminary plan, the planning commission shall report to city council.

The applicant shall deposit with the zoning administrator a check payable to the treasurer in the amount of $100.00, plus $1.00 for each dwelling unit proposed on the development plan.

The city council shall give notice under Code of Virginia, § 15.2-2204 of a public hearing to be held not more than 30 days after the receipt of the planning commission's report.

At least once every six months following the approval of the final development plan the zoning administrator shall review all of the building permits issued for the planned development.

The developer shall not advertise for sale or sell any tract or lot within the project area until an approved plat has been properly recorded.

Easements shall be provided for water, sewer, gas, telephone, power and other utilities as required by the respective utility departments.

Any developer who violates any provision of this ordinance shall be guilty of a misdemeanor, punishable by a fine of not more than one hundred ($100.00) for each dwelling unit proposed in the final development plan.

All waterways shall be preserved in their natural state unless such waterway(s) can be moved without disturbing the balance of nature through an engineered study and obtaining all necessary permits.