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ARTICLE 20. DEVELOPMENT Process Required for NEW Development in all Zoning Districts

A. APPLICABILITY

Where new development is proposed for a parcel or parcels the owner/developer shall follow the submittal process as required in this section. Vacant land existing within City limits that is not the subject of a petition for rezoning or being subdivided into more than two (2) lots with one residue lotslated for rezoning or for subdivision of more than three (3) lots is exempt from Article 20 requirements but still must comply with all other requirements in the Zoning Ordinance, such as a site plan, record plat, and building permits.

Waivers of some or all of the concept and/or schematic plan requirements may be granted by the Planning Commission in those instances where an existing parcel of not more than five (5) acres is proposed for subdivision into no more thannot exceeding 5 acres, which already exists inside City limits and is not being rezoned, is slated for the construction of no more than ten (10) single-family detached or attached dwelling units, or is slated for no more than two (2) commercial/retail/office uses. In addition, concurrent submission of the concept and schematic plans may be permitted in those instances where small projects such as in-fill development projects or other projects of a smaller scale warrant such a process. Site plan and record plat requirements cannot be waived.

Zoning Ordinance modification requests may be submitted concurrent with the concept plan for consideration and action by the Planning Commission.

B. APPLICATION PROCEDURES

1. Concept Plan Process

A. A Concept Plan shall be submitted for all parcels in the proposed development.

B. The plan shall be reviewed for approval by the Planning Commission through the public hearing process.

C. Concept Plan elements may be shown individually or in any combination that clearly communicates how the proposed development meets the zoning district criteria.

D. The Concept Plan shall be shown at a scale not less than one inch equals four hundred feet (1”=400’).

E. The Concept Plan application package shall include and illustrate the elements as required below:

(1) Completed Concept Plan application with fee.

(2) A list of all adjacent property owners with parcel information and addresses shall be provided by the applicant for notification purposes.

(3) Statement of Justification with narrative providing a detailed description of the proposed project with the following:

(a) Proposed land use including residential, commercial, and open space areas and proposed density.

(b) Proposed number of lots and typical lot sizes, layout, etc

(c) Description of existing land use, zoning, and existing street information for the subject property and for surrounding land uses.

(d) Description of existing natural features including woodlands, floodplain, steep slopes, wetlands, rivers or streams.

(e) Description of other features including historic or cultural features.

(f) Soil types from SCS data.

(g) Demonstration that the proposed development meets the requirements of the zoning ordinance and proffers where applicable.

(h) IfWhether the proposal is compatible with existing surrounding development or zoning and neighborhoods.

(i) How the project will be compatible with the City of Charles Town and whether the proposal is expected to cause suitable or unsuitable impacts on the community.

(j)If zoning ordinance modifications are proposed as part of the concept plan design, provide a detailed narrative of the proposed modification, the justification to support the modification, and, if determined appropriate by the Zoning Administrator, mitigation efforts to offset the modification request.

(k)(j) Existing topographical information showing existing natural features and vegetation as well as existing structures at a scale of not less than 1 inch =400 feet with 10 ft. contour intervals.

(l)(k) A Mmap at a scale of not less than 1 inch=400 feet of depicting other existing conditions and resources including soils, historic and cultural features, etc. The map shall include delineation ofThis includes a map of any known graves or markers delineating a place of burial as determined by records search and visual survey.

(m)(l) Identification and documentation of any Federal or State permits, registrations, or conditions that may affect potential development of the subject property.

(n)(m) Description of proposed water and sewer facilities improvements and major stormwater management facilities that will be required for the development.

(4) Proposed Concept Development Plant, at a scale of no less than 1 inch = 100 feet, including the following information:

(a) Vicinity Map at a scale of one inch equals 1000 feet (1”=1000’).

(b) Name, address, and seal (where applicable) of concept plan developer/designer.

(c) Date, scale, north arrow

(d) Property lines with bearings and distances for all parcels

(e) Size of parcel(s) and proposed density

(f) Proposed Land Uses including planned layout/design of the project

(g) Existing and proposed streets

(h) Vehicular Circulation Plan

(i) Pedestrian Circulation Plan

(j) Open Space Plan, tree-save areas, and proposed elements of the open space including recreation areas and amenities, parks, etc.

(k) Civic Components/Public Facilities

(l) A table indicating planned densities, maximum number of dwelling units, amount of planned commercial development, planned amount of open space.

F. Review of the Concept Plan by Planning Commission

1. Review shall be in public session of the Planning Commission to be held within ninety (90) days of official staff acceptance of a completed application. Applicants will be notified of the acceptance date and the date of the public hearing.

2. Notice of the Planning Commission public hearing at which the Concept Plan shall be reviewed shall be published at least fifteen (15) days prior to the meeting, with notification placards placed at the subject property at least fifteen (15) days prior to the meeting. Placards for the property shall be posted by the applicant, with a signed certification by the applicant that the signs remained posted and in good condition during the required posting period. Placards will be supplied by the City.

3. All adjoining or potentially affected property owners parties and parties who may be aggrieved and own property within City limits may testify at the public session as well as representatives of affected public institutions such as the Board of Education, State Highway Administration, etc.and the like who may be affected by the proposed development. may testify and present evidence at the public hearing.

4. The Planning Commission shall, upon conclusion of the public hearing, make a decision for approval or denial of the concept plan.

5. The Planning Commission may place conditions as appropriate in accordance with Section 17.3 upon any approval or denial. Approval or denial shall occur within thirty (30) days of the close of the public sessions, unless the developer and the Planning Commission agree in writing to an extension of time for approval.

6. The Planning Commission shall indicate its approval of the Concept Plan by affixing the signature of the Chair of the Planning Commission along with the date the plan is approved on the cover sheet of the plan.

7.1.7. The All conditions and provisions of the Aapproved Concept Plan shall be permanently attached to the use of parcel(s) for which it was developed until and unless modified under existing ordinances. Furthermore, any development of the subject parcel(s) shall be done in accordance with the approved concept plan unless the concept plan is amended, reviewed, and approved in the same manner as specified above, or the parcel(s) zoning is amended/changed in accordance with Article 17 of the Ordinance.

2. Schematic Plan Application Process

A. Prior to submittal of site plans for individual parcels or for portions of a proposed development, a Schematic Plan shall be submitted, reviewed and approved by the Planning Commission.

B. The Schematic Plan shall indicate that portion or phase of the entire parcel/project to be developed. For smaller development projects, a comprehensive schematic may be submitted for the entire project.

C. The schematic plan shall be in substantial conformance with the approved concept plan for the development.

D. Individual Schematic Plans are required for the village and neighborhood centers and for major commercial or civic parcels and such other proposed uses that may have major impacts such as a rail station, shopping center, school etc. Final lot and building layout shall be provided at the site plan stage.

E. The following studies and plans shall be submitted with first schematic plan application. This information shall be reviewed by the Planning Commission at the time of the first schematic plan application. The studies shall be completed for the entire development project, unless the Planning Commission permits the applicant to submit said studies in phases in conjunction with each phase of the development. Such request shall be submitted to the Planning Commission for approval prior to the submission of the first schematic plan. The studies and plans are as follows:

1. Inventory of historic resources done in accordance with state and federal criteria to identify any possible historic resources on site and all known historic resources and buildings within one mile of the site. If historic resources are identified, a study of how any impacts upon the resources will be avoided or mitigated. Identified possible historic buildings and resources included within the proposed schematic plan shall be evaluated in accordance with state and federal criteria to determine if eligible for listing on a local, state or national historic inventory and any proposed mitigation measures to be taken to protect identified historic buildings and resources shall be identified. Such inventory and report shall be developed using Guidelines for Phase I, II, and III Archeological Investigations and Technical Reports, prepared by the West Virginia State Historic Preservation Office.

2. A landscape and tree/vegetation study by a landscape architect or other qualified professional identifying existing natural features and identification of specimen vegetation, with plans for the protection of such natural features and vegetation, such as mature trees, endangered species, etc.

3. An assessment of the number of elementary, middle school, and high school children that will result from the development in accordance with criteria and factors of the Jefferson County Board of Education or other State or Federal criteria where applicable.

4. A Phase 1 Environmental study performed under applicable standards to identify any possible environmental pollution. If environmental hazards were identified, applicant shall provide additional studies (i.e. Phase II study) and a plan to remediate the hazards as approved by the required federal and state agencies and a report on any mitigation measures taken with regards to environmental concerns.

5. A baseline study shall be submitted with the Concept Plan to determine the current water quality status and health of all-weather streams located on the subject site and off-site streams within the watershed that may be impacted by the proposed concept plan development. The study shall use industry standard protocols to evaluate the biological, chemical and sediment loading aspects of the stream's overall health and performance as related to water quality. Acceptable reference documents for this study are those prepared by the U.S. Environmental Protection Agency; Montgomery County, MD. (e.g. "Best Management Practice Monitoring Protocols) or an alternative protocol approved by the City. Quarterly water-quality monitoring shall commence concurrent with the first land disturbing activity on the site and shall continue 12 months after the final bond release for the overall project. The purpose of this long-term monitoring program is to determine the effectiveness of the on-site water quality Best Management Practices being employed during the construction process and after build-out of the project. These reports shall be submitted to the City for review and comment, during which the City, if necessary, may include a report of the appropriate action to be taken by the applicant to protect the water quality of the area. If adverse impacts to the subject stream are noted in any subsequent monitoring reports, the report shall outline appropriate action to be taken by the applicant to remediate such impacts.

6. A conceptual stormwater management and Best Management Practice (BMP) plan to address the increased impervious surfaces and resulting stormwater runoff impacts associated with the development of the site. This plan shall ensure that the existing water quality status shall be maintained or improved upon as part of the overall stormwater management/BMP plan. The applicant is encouraged to consider an innovative and low-impact design approach to meet this requirement through the use of natural vegetation, created wetlands and bioretention techniques.

7. Any items required by proffer or annexation agreements.

8. A traffic study indicating present existing traffic counts, quality of existing access roads and any planned improvements by state or local government. The study shall also provide information regarding the impact of additional traffic upon adjoining streets and roads and indicating what transportation improvements will be necessary to mitigate such impacts. The traffic study shall be reviewed by the City Engineer and, in addition, may be forwarded to WVDOH for review. Content of Traffic Studies is outlined below:

(a) Study Area: Roadways internal or adjacent to the development site shall be included in the traffic study. The study area should include other external roads to the extent that the project's generated traffic is anticipated to exceed 15 percent of the road's current/existing traffic volumes (at the time of application). This area shall not extend more than five (5) miles from the project site.

(b) Traffic Count Locations: Traffic counts are required on the adjacent roads, the adjacent intersections beyond the project's frontage on adjacent roads in the study area. The AM/PM peak period traffic counts shall not be more than twelve (12) months old at the time of the application submission.

(c) Trip Generation: As a general guide to vehicle trip generation, the latest edition of the Institute of Transportation Engineer's (I.T.E.) Trip Generation Report shall be used. These rates may be supplemented by additional information provided by the State, City, or County.

(d) Traffic Volume Projections: The traffic study shall provide existing and projected traffic volumes, with and without the subject project, for average daily traffic (ADT), as well as AM and PM peak hours. The peak hour of the project/individual land use(s) (as given in the ITE Trip Generation Report) should be added to the corresponding AM/PM existing peak hour of the adjacent roadway traffic volumes (to show the worst case scenario), if the peak hour of the project/individual land use(s) for the generator is greater than the peak hour of the adjacent roadway (per ITE Trip Generation Report). The existing peak hour of traffic on the roads adjacent to the subject project site shall be identified. These traffic volumes shall be provided at roadway intersections and commercial or private access ways/entrances.

(e) LOS Analyses: Level of Service (LOS) calculations for existing and projected conditions, with and without the subject project, for highway segments, intersection legs, and entrances shall be provided. Calculations shall be in accordance with the Highway Capacity Manual (HCM) and/or the Highway Capacity Software (HCS), or as may be recommended by the City Engineer or WVDOH. Traffic volumes and level of service information shall be provided for each phase of development, to include conditions at date of project completion. Projections shall also be made for date of completion plus ten (10) years.

(f) Minimum Roadway/Intersection LOS Standards: Recommendations for phased improvements to the road network links in order to maintain an acceptable level of service (minimum LOS "D") shall be provided. For each phase up to and including build out, a minimum approach and overall LOS "D" at intersections shall apply.

(g) Background Traffic Assumptions: Assumptions which determine projected background traffic, including through traffic growth rate to be applied on roadway links, shall be confirmed by the City Engineer or WVDOH. Specific other approved development names and respective development square footage or residential units used in the study shall be provided.

(h) Traffic/Trip Distribution: Directional trip distribution information shall be provided for project entrances and collector and arterial intersections within the study area for the phases of development.

(i) LOS Calculation Assumptions: Traffic counts and level of service (LOS) worksheets and projected traffic volume level of service (LOS) analyses, including existing AM/PM peak hour signal timing, shall be included as a part of the traffic study.

(j) Mode Choice: Modal split information shall be provided for the phases of the analysis, with sources of information identified (e.g., COG model).

(k) Safety Locations: Road safety hazards, as identified by the ISTEA set-aside funding criteria and/or as identified by the State, City, or County within the study area shall be analyzed for all roadway links and intersections in the traffic study.

(l) Traffic Mitigation Measures: If trip reduction factors are used in the study, measures necessary to implement the reduction must be specified, with supporting documentation.

F. A Schematic Plan application shall be completed and submitted with the appropriate application form, narrative, fees, and maps as indicated below:

1. A Schematic Plan narrative shall be provided with the following information:

(a) Description of phase or portion of development proposed in the Schematic Plan.

(b) Demonstration of conformance with the approved Concept Plan.

(c) Plan requirements compared with what has been submitted.

(d) Parcel and/or land area information in the proposed phase or portion.

(e) Description of existing surrounding land uses and existing streets.

(f) Description of existing natural features including woodlands, floodplain, steep slopes, wetlands, rivers or streams.

(g) Description of other features including historic or cultural features and plans for mitigation of said features.

(h) Proposed land use including residential, commercial, and open space areas.

(i) Relevant zoning information including setbacks, lot sizes, lot widths, density and open space calculations, etc. Include a table providing calculations for planned residential densities, maximum number of dwelling units, FAR for any commercial areas, and open space proposed in the schematic plan. The table shall also provide calculations showing density, FAR, and open space built or provided to date in relation to what was required or proposed for the entire development.

(j) Detailed description of proposed traffic circulation and how it will connect to existing streets both inside and surrounding the development. Include details of all planned traffic improvements.

(k) Detailed description and delineation of proposed water and sewer improvements and stormwater management facilities.

(l) Plans showing proposed public features, such as street furniture, lighting, street signs, etc.

(m) Signage information in accordance with Sign Regulations in the Zoning Ordinance.

(n) A proposed development schedule indicating approximate timing for public amenities, commercial development and major site features.

2. Schematic Plan maps shall be submitted at a scale no larger than one inch equals three hundred feet (1” = 300’), unless noted otherwise, on sheets/paper at least 11”x 17” in size, and shall include the following elements:

(a) Vicinity Map at a scale of one inch equals 1000 feet (1”=1000’).

(b) Title block, scale, north arrow, and date.

(c) Engineer’s signature and seal.

(d) All property lines with bearings and distances.

(e) Existing and proposed streets with right-of-ways and dimensions.

(f) Project map illustrating proposed phase/portion in relation to entire development (may be included as part of the vicinity map).

(g) Uses and zoning of all surrounding properties.

(h) Topographic map including natural features/resources and contours at ten-foot (10 ft.) intervals.

(i) Detailed plan of proposed traffic circulation, including vehicular, pedestrian, bike, etc.

(j) Proposed residential, commercial, and open space areas/land bays.

(k) All revision dates.

E. Review of the Schematic Plan by the Planning Commission

1. Review of the Schematic Plan by the Planning Commission shall be held within ninety (90) days of official staff acceptance of a completed schematic plan application.

2. A notice of the meeting for the Schematic Plan shall be posted at City Hall at least fifteen (15) days prior to the meeting.

3. All Aadjoining parties and parties who may be aggrieved and own property and potentially affected property owners within City limits may testify at the public session, as well as representatives of affected public institutions such as the Board of Education, State Highway Administration, etc.and the like, who may be affected by the proposed development.may testify and present evidence at the public hearing.

4. Approval or denial of the Schematic Plan shall occur within forty-five (45) days of the close of the public sessions, unless the developer and the Planning Commission agree in writing to an extension of time for approval.

5. In reviewing the Schematic Plan, the Commission shall determine the following:

a. If the proposal meets the requirements of all City ordinances.

b. If the Schematic Plan submitted for approval is in substantial conformance with the approved proffers, Concept Plan and Zoning Ordinance.

c. If the proposal is compatible and cohesive with previously approved schematics for the development.

6. The Planning Commission shall indicate its approval of a Schematic Plan by affixing the signature of the Chair of the Commission along with the date the plan is approved upon the cover sheet of the plan.

7. Minor revisions to a Schematic Plan that remain in conformance with the Concept plan may be reviewed and approved administratively without Planning Commission review and approval. Minor changes include minor shifts in locations of roads, streets, residential or commercial areas, open space areas, storm water facilities, and suchthe like due to engineering or physical site constraints. Major revisions, such as relocation of a commercial area, road, open space, etc.and the like, shall require submission of a new or amended schematic application and plan, with review and approval by the Planning Commission in accordance with this section.