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PC 09-15-10 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia September 15, 2010 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ........................................... .......... (no tab) 2) August 18, 2010 Minutes................................................................................................. (A) 3) Committee Reports.................................................................................................. inn fiahl 4) Citizen Comments.................................................................................................... (no tab) COMMISSION DISCUSSION 5) Ordinance Amendment — Chapter 165 Zoning, Article 11 Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, 165-204.19B Telecommunication Facilities, Commercial — Revision to the waiver provision for lattice style telecommunication facilities. Mrs. Perkins..................................................................................................................... (B) 6) Ordinance Amendment — Chapter 144 Subdivision of Land, Article I Intent, 144-1 Intent; Article IV Subdivision Review Procedures, 144-9 General Procedures; Article V Design Standards, 144-23 Environmental Requirements; Floodplain Development; Wetlands; Article VI Plan Requirements, 144-35 Preliminary Sketches, 144-36 Subdivision Design Plan Contents, 144-37 Final Plats, 144-39 Minor Rural Subdivisions; Article II Definitions, 144-2 Definitions and Word Usage — Revision to include dam break inundation zones. Mrs. Perkins..................................................................................................................... (C) 7) Other FILE COPY 7 • • MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 18, 2010. PRESENT: Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District, Roderick Williams, County Attorney; and Nate Adams, Winchester Planning Commission Liaison. ABSENT: June M. Wilmot, Chairman/Member at Large STAFF PRESENT: Eric R. Lawrence, Planning Director; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Vice Chairman Thomas called the meeting to order at 7:00 p.m. A motion was made by Commissioner Kriz to adopt the August 18, 2010, agenda for this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed. COMMITTEE REPORTS Comprehensive Plans & Programs Committee (CPPC) — 8/09/10 Mtg. Commissioner Kriz reported that the CPPC considered the Tasker Woods CPPA. Commissioner Kriz said it will be difficult to get traffic into the proposed commercial area and there was good discussion regarding that issue and what could be done. He said the applicant will return next month and the CPPC will make a decision at that time. Commissioner Kriz also reported that Chairman Wilmot is pleased with the progress on the Comprehensive Policy Plan Update. Frederick County Planning Commission Page 2667 Minutes of August 18, 2010 -2 - Sanitation Authority — 8/17/10 Mtg. Commissioner Unger reported on the following items: Total water service customer base is 13,345; total sewer service customer base is 12,880; rainfall for July was 2.2 inches; Diehl plant production was 2.5 mgd pumped; Anderson plant production was almost 2 mgd; 1.2 mgd was purchased from the City of Winchester; and the daily average calculated was 5.7 mgd. Commissioner Unger said the Diehl quarry rose almost three feet this past month, resulting from the hydraulics; he said the groundwater is not too bad, even though rainfall is low. Commissioner Unger also reported that Parkins Mill flow was almost 2 mgd, which is normal. Commissioner Unger reported that Frederick County will have to raise water and sewer rates in September, possibly by eight or nine percent_ He said the increase is based on the cost of chemicals, electric, and the City of Winchester has also increased their rates on providing water for Frederick County. He said the problem of rags in the sewer system in Stephens City is still being investigated. Conservation Easement Authority (CEA) Planning Director, Eric R. Lawrence, reported that the CEA kicked off a fund raising and awareness program for conservation easements in the County. Mr. Lawrence said the most important aspect of the program is called, GIFT, which is "Give 1Dollar for Frederick's Tomorrow." He explained that through this process, a web page was created with a link using a Pay Pal account. He said the idea is to acquire funding for either the purchase of easements or to further the educational campaign on the benefits of easements. City of Winchester Planning Commission Winchester Planning Commission Liaison, Mr. Nate Adams, reported that the City is continuing their work on updating their Comprehensive Policy Plan_ He said the majority of work has been completed and they hope to have the updated Comprehensive Policy Plan ready for public hearing and adoption in the first part of 2011. In addition, Mr. Adams said they have been updating text amendments to make sure they comply with the State Code. Mr. Adams said he had the opportunity last month to go to a Planning and Zoning Law Seminar in Charlottesville, Virginia. He said Eric Lawrence, Frederick County's Planning Director, made a presentation on the TDR (Transfer of Development Rights) Program. Mr. Adams stated that Mr. Lawrence did a tremendous job and that Frederick County is well -served by having Mr. Lawrence on its team. Frederick County Plamvng Commission Page 2668 Minutes of August 18, 2010 -3 - CITIZEN COMMENTS Vice Chairman Thomas called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC MEETING Waiver Request — Route 50 Assisted Living Facility (H.H. Hunt Property) to allow an alternative buffer design of the road efficiency buffer for the Route 50 Assisted Living property known as Spring Arbor. Action — Recommended Approval Commissioner Mohn said he would abstain from all discussion and voting on this waiver request, due to a possible conflict of interest. Senior Planner, Candice E. Perkins, reported that this is a waiver request for the Route 50 Assisted Living, Spring Arbor facility, for their road efficiency buffer. Ms. Perkins said the site was rezoned to B2 (Business General) in 2008 and the site is currently under construction. She explained that the zoning ordinance allows the Planning Commission to waive the road efficiency buffer requirement for topographical or site constraint issues; she said the assisted living building is located greater than 200 feet from Route 50 West and is approximately 15 feet above grade from Route 50 West. Therefore, the applicant is requesting an alternative landscaping plan for the road efficiency buffer. The proposed landscaping would consist of 11 canopy trees, two ornamental trees, and 24 shrubs that are grouped together. Mr. Perkins said the landscaping would still meet the proffered requirements presented at rezoning. Mr. Samuel W. Doan, a consultant working for H. H. Hunt Corporation, said he was asked to look at the landscaping and road efficiency buffer to see if a different solution could be agreed upon for landscaping across the front of the property. Mr. Doan said the requirement for a double row of evergreens across the front of the assisted living facility's property was something his client would prefer to amend to look more like the surrounding community and allow for some viewshed into the facility. Mr. Doan proceeded to show a few slides to the Commission. He noted the structure was set 200 feet back from the road and the structure itself was not a tall facility; he said the row of trees proposed will fill in nicely and provide some screening from Route 50, but also allow for some viewshed. Another slide showed the width of the road efficiency buffer; he said some existing power lines had to be considered as far as avoiding plantings that would grow into the power lines. As a result, the plantings are set farther back to allow the necessary space to grow. He pointed out the plantings along the roadway, as well as the interior parking lot landscaping, consisted of trees and shrubs. Mr. Doan said that the amended landscaping will hide the facility somewhat from Route 50, while not creating a green wall that the double row of evergreens would create. He said they considered the sidewalks that come into this area and connect to the adjacent bank and they considered people walking through these areas. Upon consulting with various landscape architects, it was felt that a massive green wall of vegetation between the pedestrian and the road would not be conducive to pedestrians. Frederick County Planning Commission Page 2669 Minutes of August 18, 2010 -4 - Vice Chairman Thomas called for any citizen comments at this time. No one came forward to speak and Vice Chairman Thomas closed the public comment portion of the meeting. Commissioner Unger thought the required evergreens across the front of the assisted living facility would be overkill and he believed the landscaping alternative presented by Mr. Doan was much more appropriate. Commissioner Kriz agreed. He said the structures themselves look nice and the site will look good with the landscaping proposed. Vice Chairman Thomas stated that this is a Planning Commission action and the waiver does not go on to the Board of Supervisors. Commissioner Crosen made a motion to approve the waiver request as presented. This motion was seconded by Commissioner Kriz and was unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously approve the waiver request to allow for an alternative buffer design of the road efficiency buffer for the Route 50 Assisted Living Facility (H.H. Hunt Property) known as Spring Arbor. (Note: Commissioner Mohn abstained; Chairman Wilmot was absent from the meeting.) COMMISSION DISCUSSION An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Agricultural and Residential Districts, Part 401, RA (Rural Areas) District, Section 165-401.03, Conditional Uses; Article VI, Business and Industrial Zoning Districts, Part 603, B2 (Business General) District, Section 165-603.02, Allowed Uses; Article II, Supplementary Use Regulations, Parking, Buffers and Regulations for Specific Uses, Part 204, Additional Regulations for Specific Uses, 165-204.25 Flea Markets; and Article I, General Provisions, Amendments and Conditional Use Permits, Part 101, General Provisions, 165-101.02, Definitions and Word Usage. Specifically, these revisions to the Frederick County Code will allow flea markets in the B2 and RA Districts. Senior Planner, Candice E. Perkins, reported that this discussion involves a request to revise the zoning ordinance to allow flea markets in the RA (Rural Areas) District with a conditional use permit (CUP). Also proposed with the amendment is a revision to the B2 (Business General) District to only allow for indoor flea markets. Ms. Perkins said this amendment was discussed by the DRRC (Development Review and Regulations Subcommittee) at their meeting on July 22, 2010 and it has been forwarded to the Planning Commission for further discussion. In addition, Ms. Perkins said a new definition has been drafted, as well as some supplementary use regulations that would correspond with the conditional use in the RA District. She said the supplemental use regulations will address parcel size, access, parking and surface materials, allowable days of operation, buffers and fencing, and a site plan requirement. Frederick County Planning Commission Page 2670 Minutes of August 18, 2010 -5 - Commissioner Unger referred to the section regarding gravel requirements for parking and travel ways. He preferred to omit the statement that, "...the Board of Supervisors may require paving or alternate surfaces..." Commissioner Unger didn't think that statement needed to be included; he said the Board could include that requirement, if they see fit. Commissioner Kriz agreed. Commissioner Kriz said the Planning Commission has been trying to move towards pervious parking areas, he also did not think that particular statement needed to be included. Vice Chairman Thomas said in general, gravel parking and travel ways, are not the best solution all of the time. He said they rut, there's considerable maintenance, gravel is strewn around. Vice Chairman Thomas agreed there needed to be something other than a hard surface, particularly something that is permeable, and he hoped developers could be encouraged to use more environmentally friendly methods in addition to gravel parking areas and travel ways. Commissioner Unger commented that the flea market people and their patrons have been parking on the grass at the Route 50 location for over 20 years and he did not see any problems arising because of it. Commissioner Unger said the travel ways had been graveled; he said if the grass areas were graveled, it would create a maintenance problem. No other comments were made and the Commissioners comments were noted by the staff. An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions, Amendments and Conditional Use Permits, Part 101, General Provisions, Section 165- 101.02, Definitions and Word Usage, and Section 165-201.06, Signs. Specifically, these revisions to the Frederick County Code, will help to clarify off -premise directional signs. Senior Planner, Candice E. Perkins, reported that this proposed text amendment is a Zoning Ordinance change to provide some clarification regarding off -premise directional signs. Ms. Perkins said an overhaul to the sign ordinance was done in 2007. She said that change limited off - premise signs to business signs and multi -tenant signs, but did not specifically address directional signs. Subsequently, there has been some confusion with some past conditional use permits. Ms. Perkins said overall, off -premise directional signs have been permitted since about 1973 with conditional use permits. She explained this was a minor revision to make the zoning ordinance clear that off -premise directional signage is permitted with a conditional use permit. Some minor changes have also been made to the definition. Ms. Perkins said this was discussed by the Development Review and Regulations Committee (DRRC) at their July 22 meeting and they forwarded it to the Planning Commission for further discussion. No issues or areas of concern were raised by the Commission. The Planning Commission was satisfied with the amendment as it was presented. Frederick County Planning Commission Page 2671 Minutes of August 18, 2010 QM. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:25 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2672 Minutes of August 18, 2010 To: From: Subject: Date: MEMORANDUM Frederick County Planning Commission Candice E. Perkins, AICP, Senior Planner Discussion — Telecommunication Facilities August 30, 2010 COUNTY of FREDERICK Department of Nanning End Development 540/665-5651 FAX: 540/665-6395 Staff has been directed to draft an amendment to the Zoning Ordinance to revise the waiver provision for lattice style telecommunication facilities. The Supplementary Use Regulations for telecommunication facilities contained in the Zoning Ordinance (§165-204.19B) currently requires all new commercial telecommunication towers to be monopole -type construction. The Planning Commission is provided with an opportunity to waive that requirement when the tower is located outside the Urban Development Area and is not adjacent to properties that are identified historic sites. The proposed ordinance amendment would allow the Board of Supervisors to waive the monopole requirement and would remove the Urban Development Area provision and would allow the Board of Supervisors with a recommendation from the Planning Commission to waive the monopole requirement "when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historical resources". The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on August 26, 2010. The DRRC had an extensive discussion on the proposed use and forwarded the following comments: 1) Recommended requiring camouflaged towers, 2) Discussed the appropriateness of towers in the UDA, 3) Felt that the UDA requirement should be left in the ordinance. Ultimately, the DRRC recommended that the ordinance amendment be forwarded to the Planning Commission for discussion. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: L Revised ordinance with additions. CEP/bad 107 Ncrth Kent Street, Suite 202 e Winchester, Virginia 12601-5000 ATTACHMENT 1 Telecommunication Towers — Lattice Waiver DRRC Reviewed — 8/26/10 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Rerrulations for Specific Uses § 165-204.19 Telecommunication facilities, commercial. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly eC9RG .is development and mitigate the negative impacts to adjoining properties: (2) Monopole -type construction shall be required for new commercial telecommunication towers. The DlaRning Commission Board of Supervisors may allow lattice -type construction for new telecommunication towers when existing or planned residential areas will not be impacted .Gnd when the site is not adjacent to identified historical resources. that are roc +teaoutside the UFban Development Area and are not adjacent to pr-epeFties that aFe identified hi-sto—i- sits. C� • COUNTY of EREDE-WICK Department of Planning and Development F.MO_AND 540/665-5651 FAX: 540/665-6395 T o: Frederick County Planning Commission A From: Candice E. Perkins, AICP, Senior Planner Subject: Discussion — Inundation Zones Date: August 30, 2010 Staff has recently been informed of a change to the Code of Virginia requiring localities to adopt provisions to address development within dam break inundation zones (for state -regulated dams) in their Subdivision Ordinances. The Bill (HB 837) directs developers to assist dam owners with required upgrades and requires additional disclosure and notification procedures for dam owners. The requirements apply only to proposed development downstream of a dam for which a dam break inundation zone map is on file with the County as of the time of the official submission of a plan to the County. Proposed developments within mapped dam break inundation zones must be identified on all subdivision design plans, sketch plans and plat submissions. In addition, when any part of the land proposed for subdivision lies in a mapped dam break inundation zone, the final plat for the proposed development must reflect the inundation zone. Process When a proposed development is identified as being located in a dam break inundation zone, the County will notify the dam owner and, within ten days of submission, forward a copy of the plan to the Virginia Department of Conservation and Recreation (DCR) for review. DCR will notify the dam owner and the County of its determination within 45 days of receipt of the plan. If the County has not received a determination from DCR within 45 days, DCR is deemed to have no comments. If DCR determines that the proposed development will change the spillway design flood standards of the impounding structure, the development cannot be approved unless it is modified so that it does not change the spillway design flood standards, or the developer contributes payment for the necessary upgrades to the impounding structure. If the developer chooses to contribute payment for the upgrades, the developer must submit an engineering study and a contract -ready cost estimate to DCR for necessary upgrades to the impounding structure. The developer must pay 50% of the contract ready costs for the necessary upgrades to an impounding structure attributable to the development or subdivision, together with administrative fees not to exceed 1% of the total amount of the payment required or $1,000, whichever is less, to the Dam Safety, Flood Prevention and Protection Assistance Fund managed by DCR prior to final approval of the Subdivision or Site Plan. When the need for upgrades to an impounding structure is identified during review of a subdivision design plan or plat, the approval of the plan or plat will not be issued until the required engineering study, cost estimate and payment for the upgrades are received. 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Frederick County Planning Commission Re: Inundation Zones — Discussion August 30, 2010 Page 2 Following completion of construction, the developer must provide the dam owner and the County with all information necessary for the dam owner to update the dam break inundation zone map to reflect any new development within the dam break inundation zone. Discussion The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on August 26, 2010 and the Committee sent the proposed amendment forward to the Planning Commission for discussion. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Proposed changes to §144-1, 2, 9, 23, 35, 36, 37, 39 2. State Code References CEP/bad Chapter 144 — SUBDIVISION OF LAND ATTACHMENT 1 DRAFT CHANGES - Dam Break Inundation Zones ARTICLE I intent § 144-1. Intent. DRRC Reviewed 8/26/10 This chapter is intended to establish subdivision standards to assist in the orderly, efficient and integrated development of land. These standards shall: 1 These standards s 4all-Promote appropriate development practices, ensure conformance with Frederick County's Comprehensive Plan and County Code and provide for the public's health, safety, convenience, comfort, prosperity and general welfare. 2 'These ..tandai:ds shall _Guide public and private actions to ensure that adequate and efficient systems are provided for transportation, water, sewerage, fire protection, drainage, erosion control, recreation, open space and other public services and utilities to promote the development of an economically sound and stable community. 3. Promote safety from Cre, flood, failure of impounding structures and impacts within dam break inundation zones, panic, and other dangers. 4. This —cater shall Provide for reasonable survey standards to ensure proper subdivision layout, appropriate recordation of all land divisions, legal descriptions, monument placement on urban land and appropriate procedures and standards for land development. ARTICLE N Subdivision Review Procedures § 144.9. General procedure. A. All land divisions shall require the submittal of a subdivision plat for review and approval prior to recordation. Unless specifically exempted, all residential subdivisions and their associated amenities shall be required to submit a subdivision design plan for review and approval prior to final plat approval. B. During the review process for any preliminaiT sketch, subdivision design plan, or plat, the county shall review the potential impacts of mapped dam break inundation zones in accordance with the provisions of state law. ARTICLE V Design Standards § 144-23. Environmental requirements; floodplain development; wetlands; dam break inundation zones. D. Dam Break Inundation Zones. Chapter 144 —SUBDIVISION OF LAND ATTACHMENT 1 DRAFT CHANGES - Dam Break Inundation Zones DRRC Reviewed 8/26/10 A. For any development proposed within the boundaries of a dam break inundation zone that has been mapped in accordance with state law, the locality shall as Part of a subdivision plan or plat review: 1) Review the dam break inundation zone map on file with the locality for the affected impounding structure, 2) Notify the dam owner, and 3) Within 10 days forward a request to the Department of Conservation and Recreation to make a determination of the potential impacts of the proposed development on the spillway design flood standards required of the dam. B. No land shall be subdivided within the boundaries of a mapped dam break inundation zone unless such division complies with the provisions of state law. If the State Department of Conservation and Recreation determines that the plan of development would change the spillway desmon flood standards of the impoundkg impoundingthe county shall not permit the subdivision unless: I. The subdivider agrees to alter the plan of development so that it does not alter the spillway design flood standard required of the impounding structure; or 2. The subdivider submits an approved engineering study in conformance with the Virginia Soil and Water Conservation Board's standards under the Virginia Dam Safety Act and the Virginia Impounding Structure Regulations and makes the appropriate payment under state law related to the necessary upgrades to the affected impounding structure and administrative fees pursuant to .$ 15.2-2243.1 of the Code of Virginia. C. The developer or subdivider shall provide the dam owner and all affected localities with information necessary for the dam owner to update the dam break inundation zone map to reflect any new development within the dam break inundation zone following completion of the development. ARTICLE VI Plan Requirements § 144-35. Preliminary sketches. The following items shall be shown on the preliminary sketch unless waived by the Subdivision Administrator: K. The location and potential impacts of mapped dam break inundation zones in accordance with the Provisions of the Code of Virginia. § 144.36. Subdivision design plan contents. LL. The location and potential impacts of ma ed dam break inundation ones in accordance with the provisions of the Code of Virginia. Chapter 144 — SUBDIVISION OF LAND ATTACHMENT 1 DRAFT CHANGES - Dam Break Inundation Zones DRRC Reviewed 8/26/10 LL. IMM. Other information necessary to ensure that all requirements of the Frederick County Code have been met. § 144.37. Final plats. BB. The location and potential impacts of napped dam break inundation zones in accordance with the Provisions of the Code of Virginia. § 144.39. Minor rural subdivisions. A plat for a minor rural subdivision shall be prepared by a certified professional engineer or land surveyor and shall contain the following information: B. The actual plat of the subdivision shall contain at least the following information: (11) The location and potential impacts of mapped dam break inundation zones in accordance with the provisions of the Code of Virginia. ARTICLE H Definitions § 144-2. Definitions and Word Usage. Dam break inundation zone -The area downstream ofa dam that would be inundated or otherwise directly erected by thefailure of a dam. Impounding structure - A man-made device, whether a dam across a watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other materials. The term includes: (i) all dams that are twenty-five feet or greater in height and that create an impoundment capacity of fifteen acre-feet or greater, and ii all dams that are six feet or greater in height and that create an impoundment capacity ot zfty acre-feet or greater. The term "impounding structure" shall not include: (a) dams licensed by the State Corporation Commission that are subiect to a safeinspection pro rg am • (b) dams owned or licensed by the United States government; (c) dams operated primarily for agricultural purposes which are less than twenty -Live feet in height or which create a maximum impoundment capacity smaller than 100 acre-feet; (d) water or silt retaining dams approved pursuant to § 451- 222 or§ 45.1-225.1 of the Code of Virginia; or (e) obstructions in a canal used to raise or lower water. 3 ATTACHMENT 2 § 10.1-606.2. Mapping of dam break inundation zones. A. An owner of an impounding structure shall prepare a map of the dam break inundation zone for the impounding structure in accordance with criteria set out in the Virginia Impounding Structure Regulations (4VAC 50-20). Existing maps prepared by the locality in accordance with these regulations may be used for this purpose. B. All maps prepared in accordance with subsection A shall be filed with the Department of Conservation and Recreation and with the offices with plat and plan approval authority or zoning responsibilities as designated by the locality for each locality in which the dam break inundation zone resides. C. Owners of impounding structures may be eligible for matching grants of up to 50 percent from the Dam Safety, Flood Prevention and Protection Assistance Fund and other sources of funding available to the Director to assist in the development of dam break inundation zone maps and for conducting incremental damage assessments in accordance with the Virginia Impounding Structure Regulations. D. All properties identified within the dam break inundation zone shall be incorporated by the owner into the dam safety emergency action plan of that impounding structure so as to ensure the proper notification of persons downstream and other affected persons or property owners in the event of an emergency condition at the impounding structure. (2008, c. 491.) § 10.1-606.3. Requirement for development in dam break inundation zones. A. For any development proposed within the boundaries of a dam break inundation zone that has been mapped in accordance with § 10.1-606.2, the locality shall, as part of a preliminary plan review pursuant to § 15.2-2260, or as part of a plan review pursuant to § 15.2-2259 if no preliminary review has been conducted, (i) review the dam break inundation zone map on file with the locality for the affected impounding structure, (ii) notify the dam owner, and (iii) within 10 days forward a request to the Department of Conservation and Recreation to make a determination of the potential impacts of the proposed development on the spillway design flood standards required of the dam. The Department shall notify the dam owner and the locality of its determination within 45 days of the receipt of the request. Upon receipt of the Department's determination, the locality shall complete the review in accordance with § 15.2-2259 or 15.2-2260. If a locality has not received a determination within 45 days of the Department's receipt of the request, the Department shall be deemed to have no comments, and the locality shall complete its review. Such inaction by the Department shall not affect the Board's authority to regulate the impounding structure in accordance with this article. If the Department determines that the plan of development would change the spillway design flood standards of the impounding structure, the locality shall not permit development as defined in § 15.2- 2201 or redevelopment in the dam break inundation zone unless the developer or subdivider agrees to alter the plan of development so that it does not alter the spillway design flood standard required of the impounding structure or he contributes payment to the necessary upgrades to the affected impounding structure pursuant to § 15.2-2243.1. ATTACHMENT 2 The developer or subdivider shall provide the dam owner and all affected localities with information necessary for the dam owner to update the dam break inundation zone map to reflect any new development within the dam break inundation zone following completion of the development. The requirements of this subsection shall not apply to any development proposed downstream of a dam for which a dam break inundation zone map is not on file vvitii the locality as of the time of the Official submission of a development plan to the locality. B. The locality is authorized to map the dam break inundation zone in accordance with criteria set out in the Virginia Impounding Structure Regulations (4VAC 50-20) and recover the costs of such mapping from the owner of an impounding structure for which a dam break inundation zone map is not on file with the locality and a map has not been prepared by the impounding structure owner. C. This section shall not be construed to supersede or conflict with the authority granted to the Department of Mines, Minerals and Energy for the regulation of mineral extraction activities in the Commonwealth as set out in Title 45.1. Nothing in this section shall be interpreted to permit the impairment of a vested right in accordance with §.15.2-2307. § 15.2-2241. Mandatory provisions of a subdivision ordinance. A subdivision ordinance shall include reasonable regulations and provisions that apply to or provide_ 1_ For plat details which shall meet the standard for plats as adopted under § 42.1-82 of the Virginia Public Records Act (§ 42.1-76 et seq_); 2. For the coordination of streets within and contiguous to the subdivision with other existing or planned streets within the general area as to location, widths, grades and drainage, including, for ordinances and amendments thereto adopted on or after January 1, 1990, for the coordination of such streets with existing or planned streets in existing or future adjacent or contiguous to adjacent subdivisions; 3. For adequate provisions for drainage and flood control, for adequate provisions related to the failure of impounding structures and impacts within dam break inundation zones, and other public purposes, and for light and air, and for identifying soil characteristics; § 15.2-2243.1. Payment by developer or subdivider. A. If the Department of Conservation and Recreation determines that a plan of development proposed by a developer or subdivider is wholly or partially within a dam break inundation zone and would change the spillway design flood standards of an impounding structure pursuant to § 10.1-606.3, a locality shall require, prior to its final approval of a subdivision or development, that a developer or subdivider of land submit an engineering study in conformance with the Virginia Soil and Water Conservation Board's standards under the Virginia Dam Safety Act (§ 10.1-604 et seq.) and the Virginia Impounding Structure Regulations (4 VAC 50-20). The study shall provide a contract -ready cost estimate for conducting the upgrades. The Department of Conservation and Recreation shall verify that the study conforms to the Board's standards. Following receipt of a study, the Department shall have 15 days to determine whether the study is complete. The Department shall notify the developer or subdivider of any specific ATTACHMENT 2 deficiencies that cause the study to be determined to be incomplete. Following a determination that a submission is complete, the Department shall notify the developer or subdivider of its approval or denial within 45 days. Any decision shall be communicated in writing and shall state the reasons for any disapproval. B. Following the completion of the engineering studies in accordance with subsection A, and prior to any development within the dam break inundation zone, a locality shall require that a developer or subdivider of land pay 50 percent of the contract -ready costs for necessary upgrades to an impounding structure attributable to the development or subdivision, together with administrative fees not to exceed one percent of the total amount of payment required or $1,000, whichever is less. Necessary upgrades shall not include costs associated with routine operation, maintenance, and repair, nor shall necessary upgrades include repairs or upgrades to the impounding structure not made necessary by the proposed development or subdivision. C. Where a payment under subsection B is required, such payment shall be made by the developer or subdivider in accordance with the following provisions: 1. A locality may elect to receive such payment. Upon receipt, payments shall be kept in a separate account by the locality for each individual improvement project until such time as they are expended for the improvement project; however, any funds not committed by the dam owner within six years of the time of deposit shall be refunded to the developer or subdivider. The locality may issue an extension of up to an additional four years for the use of the funds if the dam owner shows that sufficient progress is being made to justify the extension and the extension is approved by the Virginia Soil and Water Conservation Board prior to the expiration of the six-year period. Should the locality be unable to locate the developer or subdivider following a period of 12 months and the exercise of due diligence, the funds shall be deposited in the Dam Safety, Flood Prevention and Protection Assistance Fund for the provision of grants and loans. Any locality maintaining an account in accordance with this section may charge an administrative fee, not to exceed one percent of the total amount of payment received or $1,000, whichever is less. 2. If the locality elects not to receive such payment, any payments shall be made to the Dam Safety, Flood Prevention and Protection Assistance Fund pursuant to § 10.1-603.19:1. The funds shall be held by the Virginia Resources Authority for each improvement project until such time as they are expended for the improvement project; however, any funds not committed by the dam owner within six years of the time of deposit shall be refunded to the developer or subdivider. The Board may issue an extension of up to an additional four years for the use of the funds if the dam owner shows that sufficient progress is being made. Should the Department of Conservation and Recreation be unable to locate the developer or subdivider following a period of 12 months and the exercise of due diligence, the funds shall be deposited in the Dam Safety, Flood Prevention and Protection Assistance Fund for the provision of grants and loans. The Virginia Resources Authority shall not have any liability for the completion of any project associated with the moneys they manage in the Dam Safety, Flood Prevention and Protection Assistance Fund. D. No locality shall be required to assume financial responsibility for upgrades except as an owner of an impounding structure. E. The owner of the impounding structure shall retain all liability associated with upgrades in accordance ATTACHMENT 2 with § 10.1-613.4. § 15.2-2258. Plat of proposed subdivision and site plans to be submitted for approval. Whenever the owner or proprietor of any tract of land located within any territory to which a subdivision ordinance applies desires to subdivide the tract, he shall submit a plat of the proposed subdivision to the planning commission of the locality, or an agent designated by the governing body thereof for such purpose. When any part of the land proposed for subdivision lies in a drainage district such fact shall be set forth on the plat of the proposed subdivision. When any part of the land proposed for subdivision lies in a mapped dam break inundation zone such fact shall be set forth on the plat of the proposed subdivision. When any grave, object or structure marking a place of burial is located on the land proposed for subdivision, such grave, object or structure shall be identified on any plans or site plans required by this article. When the land involved lies wholly or partly within an area subject to the joint control of more than one locality, the plat shall be submitted to the planning commission or other designated agent of the locality in which the tract of land is located. Site plans or plans of development required by subdivision A 8 of § 15.2-2286 shall also be subject to the provisions of §§ 15.2-2258 through 15.2-2261, mutatis mutandis.