Chesapeake

The submission of a site plan for approval shall constitute a submission by the owner and developer that the development as proposed does comply and upon construction will comply with all city, state and federal ordinances, statutes, rules and regulations governing the following conditions on the site: 1. Noise. 2. Air pollution. 3. Water pollution. 4. Electrical interference. 5. Radioactivity. 6. Fire and explosion.

A preliminary landscaping plan, showing the location and dimensions of green space, buffer yards, and existing and known proposed public and private easements, shall be required as part of any preliminary site plan for all multifamily and nonresidential developments and for all residential major subdivisions where rear or secondary front yards abut an existing or proposed right-of-way 80 feet or more in width.

Each plan for nonresidential development shall provide a landscaping plan that, at tree maturity, provides a minimum canopy of ten percent (10%) of the calculation area.

Prior to issuance of a permanent certificate of occupancy, the required landscaping shall be in place, and damaged or dead plants shall be pruned, removed or replaced as required by the director of development and permits, or designee, to ensure compliance with this ordinance.

Retained and newly provided landscaping shall be maintained in healthy condition. Damaged or dead plants shall be pruned, removed or replaced as required by the director of development and permits, or designee, to ensure compliance with this ordinance.

Planting, preservation, buffer yard and green space requirements may be waived or modified by the joint approval of the city arborist and the planning director, or designee, under one or more of the following circumstances: 1. The particular characteristics of the site... 2. Existing conditions on the site or neighboring sites... 3. Existing conditions on neighboring sites...

Additions or modifications to existing development shall be landscaped according to this ordinance. Landscaping requirements shall be confined to the area of new development.

In addition to the landscaping requirements otherwise applicable to a use for which a conditional use permit is required, city council may impose further landscaping requirements as a condition of granting of any such use permit, in order to ensure the compatibility of the site with surrounding properties.

The tables entitled 'Buffer Yard Standards' and 'Table of Required Buffer Yards' are hereby made a part of this ordinance and shall be used to determine the nature and type of each buffer yard that is required for a site that is subject to this ordinance.

all subdivisions and developments on property zoned or used for residential purposes shall make provision for open space and related recreational areas within the subdivision or development site, in accordance with the terms set out below.

All subdivisions and developments on property zoned or used for residential purposes, including without limitation, single-family, two-family, multifamily, and group housing for the elderly developments, shall provide for the following percentages of the gross acreage of such subdivision or development to be designated for open space and related recreational use:

The land provided shall be easily accessible from all lots in the subdivision or development and must be located within the boundaries of the subdivision or development being presented for approval.

Clearly defined street and pedestrian access, in readily usable condition, must be provided by the subdivider or developer to the public sites and open space areas for use by homeowners and the public.

The subdivider or developer shall ensure that the land dedicated as open space or recreational area meets all development criteria for the zoning district in which the property is located. The subdivider or developer shall improve such land with drainage, utilities (including payment of pro rata), access, curb and gutter, and other public improvements applicable to subdivisions and developments under chapter 70 of the subdivision ordinance and article 18 of this ordinance. All bonding provisions in chapters 66 and 70 of the City Code shall apply to open space dedications. Notwithstanding anything to the contrary in this ordinance, landscaping shall consist of twenty percent (20%) tree canopy coverage, calculated in accordance with section 19-600 et seq. of this ordinance.

When land has been dedicated or such dedication has been assured to the satisfaction of the city, for open space and related recreational use as required above, in subdivisions other than townhouses, multifamily, and group housing for the elderly developments, fifty percent (50%) of the lots in the subdivision may be reduced in size, subject to the following requirements: 1. Such reduction in lot size shall be effected solely by reducing the size of the rear yard area. 2. Each reduced lot shall still comply with all setback requirements of this zoning ordinance. 3. No lot may be reduced in size by more than eight percent (8%) from the minimum size otherwise required by the applicable zoning classification.

In lieu of such improvement, the subdivider or developer may opt to provide payment to the city of five hundred dollars ($500.00) per dwelling unit planned for the subdivision or development.

Where the parks, recreation, and tourism director determines that the subdivision or development is not amenable to beneficial development of open space and related recreational areas, the subdivider or developer, in lieu of providing the required open space and related recreation area including improvements thereto, shall provide to the city a payment of one thousand ($1,000.00) dollars per dwelling unit planned for the subdivision or development.

Upon determination by the parks, recreation, and tourism director that any park, open space, or recreational area dedicated to the city under this section, or any portion thereof, no longer serves the purposes for which it was dedicated, the parks, recreation, and tourism director may recommend to the city manager that it be sold or disposed of, in whole or in part, as surplus property.

Appeals from determinations of the parks, recreation, and tourism director under this [section]... Shall be made to the planning commission as part of preliminary subdivision or site plan review or as a separate application following advertising and posting in the same manner as required for preliminary site plans or subdivision plans.

The purpose of this section is to provide a method for the city to acquire property for public purposes in exchange for adjustments to certain required development standards in the R-15s, R-15(a)s, R-12s, R-12(a)s, R-10s, R-10, R-MF-1, R-MF-2 and industrial zoning districts.