This article is enacted to assure compliance
with this chapter and all applicable ordinances and regulations, to
protect and enhance the values of the natural environment in Northumberland
County, to protect the economic value of the natural environment from
unwise and disorderly development, to ensure the efficient use of
land and to create standards in the layout, design, landscaping and
construction of development.
A.
The site plan development process as described in
this article must be followed for all development or redevelopment
in CBPAs requiring a zoning permit, special exceptions permit, conditional
use permit, or rezoning request; or for a subdivision, planned unit
development or cluster development.
B.
Any development or redevelopment exceeding 2,500 square
feet of land disturbance shall follow the site plan development process
prior to any clearing or grading of the site or the issuance of any
building permit, to assure compliance with all applicable requirements
of this chapter.
A.
In addition to the requirements of this chapter, Chapter 148, Zoning, Chapter 128, Subdivision of Land, and any other related chapters or laws, the site plan development process shall consist of the plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the Administrator. The Administrator may determine that some of the following information is unnecessary due to the scope and nature of the proposed development.
B.
Prior to submitting a plan, the applicant may schedule
a preapplication conference with the Administrator. Sketched plans
may be submitted prior to or on the conference date. Due to existing
site conditions, the Administrator may waive certain requirements
of the site plan development process.
[Amended 10-11-2012]
Three copies of the site plan/subdivision plats shall be submitted
and shall be clearly drawn to scale and shall show the following unless
otherwise indicated by the Administrator:
A.
Name and address of the applicant, the owner of the parcel and the
plan preparer.
B.
Location of the property, including the name of the subdivision,
Tax Map parcel number and the name of the street where the property
is located.
C.
A boundary survey of the tract (if available) or site plan limit
showing North arrow and property line measurements.
D.
Location of all building restriction lines, setbacks, easements,
covenant restrictions and rights-of-way.
E.
Existing zoning.
F.
Date, scale and number of sheets.
G.
The location of all existing and proposed structures, including marine
structures and temporary structures. In the case of temporary structures,
the date when the structure will be removed must be indicated.
H.
The location and extent of all wooded areas before development; the
proposed construction footprint, with indication of post-development
cover.
I.
Computations shall include the total site area in acres, the approximate
amount and percentage of the site to be covered by open space and
the amount and percentage to be covered by impervious surface after
development.
J.
The location of all existing and proposed septic tanks and drainfield
sites, including reserve sites; the location of all existing and proposed
wells.
K.
The following notation shall be placed on all site plans and subdivision
plats: "All on-site sewage systems not requiring a Virginia Pollutant
Discharge Elimination System permit, or having an effluent filter
installed, or documented as having been inspected and functioning
properly shall be pumped out at least once every five years.
L.
The location of all existing and proposed easements for streets,
overhead and underground utilities, drainage or any other easements
which may exist or are proposed on the property.
M.
The location of all curb cuts as approved by the Virginia Department
of Transportation.
N.
The location and layout of any driveways or parking areas, or any
other paved or graveled areas.
O.
The shortest distances from all property lines to all existing and
proposed structures.
P.
The approximate limit of all Resource Protection Area features and
any additional required buffer areas if an environmental site assessment
is not submitted.
Q.
The approximate limit of the one-hundred-year floodplain.
R.
Included with the site plan shall be documentation of all existing
permits and applications relevant to the parcel, including but not
limited to Health Department permits for all wells and septic drainfields;
all existing zoning permits and zoning applications; and applications
for rezoning, special use permits and zoning variances.
A.
An environmental site assessment is required to determine
the exact boundaries of Resource Protection Areas and any other environmentally
sensitive features located on the property.
B.
The Administrator may waive the requirement for an
environmental site assessment when the following features apply:
C.
The environmental site assessment shall be drawn to scale and clearly delineate the location and extent of Resource Protection Area features as described in Article III, Chesapeake Bay Preservation Area Designation, of this chapter. The assessment shall also clearly delineate the following environmental features if present:
(1)
Highly erodible soils (erosion index greater than
or equal to 8), including steep slopes 10% or greater.
(2)
Highly permeable soils (permeability greater than
or equal to six inches/hour).
(3)
Nontidal wetlands not included in the Resource Protection
Area.
(4)
Hydric soils with depth to water table zero inches
to 18 inches.
(5)
Shrink and swell clays and marine clays.
(6)
Other sensitive environmental features as determined
by the Administrator.
D.
Wetlands delineations and hydric soil delineations
shall be performed consistent with the procedures specified in the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands,
1989.
E.
A site-specific Resource Protection Area delineation shall be performed in accordance with §§ 54-16B(7)(b) and 54-15 of this chapter.
F.
The environmental site assessment shall be certified
as complete and accurate by a professional engineer, a certified land
surveyor or a certified landscape architect. This requirement may
be waived by the Administrator when the proposed use of development
would result in less than 5,000 square feet of disturbed area.
A.
A landscape plan is required by the Administrator
to determine the extent of proposed clearing and/or grading and the
types and amount of existing and proposed vegetation. No clearing
or grading of any land will be permitted without an approved landscaping
plan within the RPA without an approved landscaping plan.
B.
The Administrator may waive the requirement for the
submission of a landscape plan when:
C.
Landscape plans shall be prepared by professionals
practicing within their areas of competence.
D.
Contents of the plan.
(1)
The landscape plan shall be drawn to scale and clearly
delineate the location, size and description of existing and proposed
plant material. All existing trees on the site six inches or greater
DBH shall be shown on the landscape plan. Where there are groups of
trees, stands may be outlined instead. The specific number of trees
six inches or greater DBH to be preserved outside of the construction
footprint shall be indicated on the plan. Trees to be removed to create
a desired construction footprint shall be clearly delineated on the
landscape plan.
(2)
Any required buffer area shall be clearly delineated,
and any plant material to be added to establish or supplement the
buffer area, as required by this chapter, shall be shown on the landscape
plan.
(3)
Within the buffer areas, trees to be removed for sight
lines, vistas, access paths and best management practices, as provided
for in this chapter, shall be shown on the plan. Vegetation required
by this chapter to replace any existing trees within the buffer area
shall also be shown on the landscape plan.
(4)
Any replacement vegetation required by this chapter
shall be shown on the landscape plan.
(5)
The landscape plan will include specifications for
the protection of existing trees during clearing, grading and all
phases of construction.
(6)
If the proposed development is a change in use from
agricultural or silvicultural to some other use, the plan must demonstrate
the reestablishment of vegetation in the buffer area.
E.
Plant specifications.
(1)
All plant materials necessary to supplement the buffer
area or vegetated areas outside the construction footprint shall be
installed according to standard planting practices and procedures.
(2)
All supplementary or replacement plant materials shall
be living and in a healthy condition. Plant materials shall conform
to the standards for the most recent edition of the American Standard
for Nursery Stock, published by the American Association of Nurserymen.
(3)
Where areas to be preserved, as designated on an approved
landscape plan, are encroached, replacement of existing trees and
other vegetation will be achieved at a ratio of two planted trees
to one removed. Replacement trees shall be a minimum 1.5 inches DBH
at the time of planting.
(4)
Use of native or indigenous species.
F.
Maintenance.
(1)
The applicant shall be responsible for the maintenance
and replacement of all vegetation as may be required by the provisions
of this section.
(2)
In buffer areas and areas outside the construction
footprint, plant material shall be tended and maintained in a healthy
growing condition and free from refuse and debris. Unhealthy, dying
or dead plant materials shall be replaced during the next planting
season, as required by the provisions of this section.
A.
A stormwater management plan is required by the Administrator
to determine the amount of stormwater runoff and the required location
and size of necessary stormwater structures and/or practices to control
this runoff.
B.
The Administrator may waive the requirement for a
stormwater management plan when:
C.
At a minimum, the stormwater management plan must
contain the following:
(1)
Location and design of all planned stormwater control
devices.
(2)
Procedures for implementing nonstructural stormwater
control practices and techniques.
(3)
Pre- and post-development nonpoint source pollutant
loadings with supporting documentation of all utilized coefficients
and calculations.
(4)
For facilities, verification of structural soundness,
including a certified professional engineer or a certified surveyor
licensed in the Commonwealth of Virginia.
D.
Site-specific facilities shall be designed for the
ultimate development of the contributing watershed based on zoning,
comprehensive plans or other similar planning documents.
E.
All engineering calculations must be performed in
accordance with procedures outlined in the current edition of the
Virginia Stormwater Management Handbook.
F.
The plan shall establish a long-term schedule for
inspection and maintenance of stormwater management facilities that
includes all maintenance requirements and persons responsible for
performing maintenance. If the designated maintenance responsibility
is with a party other than the governing body, then a maintenance
agreement shall be executed between the responsible party and the
governing body.
An erosion and sediment control plan shall be submitted that satisfies the requirements of this chapter and is in accordance with Chapter 64, Erosion and Sediment Control, in conjunction with site plan or subdivision plat approval.
A.
Purpose. The purpose of the water quality impact assessment
is to:
(1)
Identify the impacts of proposed land disturbance,
development, or redevelopment on water quality and lands within RPAs
and other environmentally sensitive lands;
(2)
Ensure that, where land disturbance, development,
or redevelopment does take place within RPAs and other sensitive lands,
it will be located on those portions of a site and in a manner that
will be least disruptive to the natural functions of RPAs and other
sensitive lands;
(3)
Protect individuals from investing funds for improvements
proposed for location on lands unsuited for such development because
of high groundwater, erosion or vulnerability to flood and storm damage;
(4)
Provide for administrative relief from terms of this
article when warranted and in accordance with the requirements contained
herein; and
(5)
Specify mitigation which will address water quality
protection.
B.
Water quality impact assessment required.
(1)
A water quality impact assessment is required for:
(2)
There shall be two levels of water quality impact
assessments: a minor assessment and a major assessment.
C.
Minor water quality impact assessment. A minor water quality impact assessment pertains only to proposed land disturbance, development, or redevelopment within CBPAs which creates impervious surfaces that total less than 16% of the parcel size and/or which proposes to modify or encroach into the landward 50 feet of the one-hundred-foot-wide buffer area as permitted under § 54-16C(2). A minor assessment must demonstrate through acceptable calculations that the undisturbed buffer area, enhanced vegetative plantings, and any necessary best management practices will result in removal of no less than 75% of sediments and 40% of nutrients from postdevelopment stormwater runoff and that will retard runoff, prevent erosion, and filter nonpoint source pollution the equivalent of the full undisturbed one-hundred-foot-wide buffer area. A minor assessment shall include a site drawing to scale which shows the following:
(1)
Location of the components of the RPA, including the
one-hundred-foot-wide buffer area and the location of any water body
with perennial flow.
(2)
Location and nature of the proposed encroachment into
the buffer area, including type of paving material; areas of clearing
or grading; location of any structures, drives or other impervious
cover; and sewage disposal systems or reserve drainfield sites.
(3)
Type and location of proposed best management practices
to mitigate the proposed encroachment.
(4)
Location of existing vegetation on site, including
the number and type of trees and other vegetation to be removed in
the buffer to accommodate the encroachment or modification.
(5)
Revegetation plan that supplements the existing buffer
vegetation in a manner that provides for pollutant removal, erosion,
and runoff control.
D.
Major water quality impact assessment.
(1)
A major water quality impact assessment shall be required
for any development which:
(a)
Exceeds 5,000 square feet of land disturbance
within CBPAs and proposes to modify or encroach into the landward
50 feet of the one-hundred-foot-wide buffer area;
(b)
Proposes to disturb any portion of the seaward
50 feet of the one-hundred-foot-wide buffer area; provided, however,
that for lots recorded prior to September 20, 1990, only a minor water
quality impact assessment shall be required.
(c)
Is located in an RMA and is deemed necessary
by the Administrator.
(d)
The information required in this section shall
be considered that some of the elements are unnecessary due to the
scope and nature of the proposed use and development of the land.
(2)
The following elements shall be included in the preparation
and submission of a major water quality assessment:
(a)
All of the information required in a minor water quality impact assessment, as specified in Subsection C.
(b)
A hydrogeological element that:
[1]
Describes the existing topography, soils, hydrology
and geology of the site and adjacent lands.
[2]
Describes the impacts of the proposed development
on topography, soils, hydrology and geology on the site and adjacent
lands.
[3]
Indicates the following:
[a]
Disturbance and/or destruction of wetlands and
justification for such action.
[b]
Disruptions or reductions in the supply of water
to wetlands, streams, lakes, rivers or other water bodies.
[c]
Disruptions to existing hydrology, including
wetland and stream circulation patterns.
[d]
Source location and description of proposed
fill material.
[e]
Location of dredge material and location of
dumping area for such material.
[f]
Location of and impacts on shellfish beds, submerged
aquatic vegetation and fish spawning areas.
[g]
Estimation of pre- and post-development pollutant
loads in runoff.
[h]
Estimation of percent increase in impervious
surface on site and type(s) of surfacing materials used.
[i]
Percent of site to be cleared for project.
[j]
Anticipated duration and phasing schedule of
construction project.
[k]
Listing of all requisite permits from all applicable
agencies necessary to develop the project.
[4]
Describes the proposed mitigation measures for
the potential hydrogeological impacts. Potential mitigation measures
include:
[a]
Proposed erosion and sediment control concepts beyond those normally required under § 54-16B(4). Concepts may include minimizing the extent of the cleared area, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, schedule and personnel for site inspection.
[b]
Proposed stormwater management system for nonpoint
source quality and quantity control.
[c]
Creation of wetlands to replace those lost.
[d]
Minimizing cut and fill.
(c)
A landscape element that:
[1]
Identifies and delineates the location of all
significant plant material, including all trees and other woody vegetation
on site six inches or greater DBH. Where there are groups of trees,
stands may be outlined.
[2]
Describes the impacts the development or use
will have on the existing vegetation. Information should include:
[3]
Describes the potential measures for mitigation.
Possible mitigation measures include:
[a]
Replanting schedule for trees and other significant
vegetation removed for construction, including a list of proposed
plants and trees to be used.
[b]
Demonstration that the design of the plan will
preserve to the greatest extent possible any significant trees and
vegetation on the site and will provide maximum erosion control and
overland flow benefits from such vegetation.
[c]
Demonstration that indigenous plants are to
be used to the greatest extent possible.
[d]
Demonstration that the revegetation plan supplements
the existing buffer vegetation in a manner that provides for pollutant
removal, erosion, and runoff control.
(d)
Identification of the existing characteristics and conditions of sensitive lands included as components of Chesapeake Bay Preservation Areas, as defined in Article III of this chapter.
(e)
Identification of the natural processes and
ecological relationships inherent in the site, and an assessment of
the impact of the proposed use and development of land on these processes
and relationships.
E.
Submission and review requirements.
(1)
Three copies of all site drawings and other applicable
information as required by the Administrator shall be submitted to
the Administrator for review.
(2)
All information required in this section shall be
certified as complete and accurate by a certified engineer or a certified
land surveyor licensed in the Commonwealth of Virginia.
(3)
A minor water quality impact assessment shall be prepared
and submitted to and reviewed by the Administrator in conjunction
with this article.
(4)
As part of any major water quality impact assessment
submittal, the Administrator may request review by the Chesapeake
Bay Local Assistance Department (CBLAD). Upon receipt of a major water
quality impact assessment, the Administrator will determine if such
review is warranted and may request CBLAD to review the assessment
and respond with written comments. Any comments by CBLAD will be incorporated
into the final review by the Administrator, provided that such comments
are provided by CBLAD within 90 days of the request.
(5)
A major water quality impact assessment shall be prepared
and submitted to and reviewed by the Administrator in conjunction
with a request for rezoning, special use permit or in conjunction
with this article, as deemed necessary by the Administrator.
F.
Evaluation procedure.
(1)
Upon the complete review of a minor water quality impact assessment, the Administrator will determine if any proposed modification or encroachment into the buffer area is consistent with the provisions of Article IV, Chesapeake Bay Preservation Area Regulations, and make a finding based upon the following criteria in conjunction with this article:
(a)
Proposed best management practices, where required,
achieve the requisite reductions in pollutant loadings.
(c)
The cumulative impact of the proposed development,
when considered in relation to other development in the vicinity,
both existing and proposed, will not result in a significant degradation
of water quality.
(d)
The necessity of the proposed encroachment and
the ability to place improvements elsewhere on the site to avoid disturbance
of the butter area.
(e)
Impervious surface is minimized.
(f)
Proposed mitigation measures, including the
revegetation plan and site design, result in minimal disturbance to
all components of the RPA, including the one-hundred-foot-wide buffer
area; and
(g)
Proposed mitigation measures will work to retain
all buffer area functions: pollutant removal, erosion and runoff control;
(2)
Upon the completed review of a major water quality
impact assessment, the Administrator will determine if the proposed
development is consistent with the purpose and intent of this article
and make a finding based upon the following criteria in conjunction
with this article:
(a)
Within any RPA, the proposed development is
water dependent or constitutes redevelopment.
(b)
The percentage of existing wetlands disturbed
by the development, and the number of square feet or acres to be disturbed.
(c)
The development will not result in significant
disruption of the hydrology of the site.
(d)
The development will not result in significant
degradation to aquatic vegetation or life.
(e)
The development will not result in unnecessary
destruction of plant materials on site.
(f)
Proposed erosion and sediment control practices
are adequate to achieve the reductions in runoff and prevent off-site
sedimentation.
(g)
Proposed stormwater management practices are
adequate to control the stormwater runoff to achieve the required
standard for pollutant control.
(h)
Proposed revegetation of disturbed areas will
provide optimum erosion and sediment control benefits as well as runoff
control and pollutant removal equivalent of the full one-hundred-foot-wide
undisturbed buffer area.
(i)
The design and location of any proposed drainfield
will be in accordance with the requirements of this chapter.
(j)
The development, as proposed, is consistent with the purpose and intent of Article IV, Chesapeake Bay Preservation Area Regulations, of this chapter.
(k)
The cumulative impact of the proposed development,
when considered in relation to other development in the vicinity,
both existing and proposed, will not result in a significant degradation
of water quality.
In addition to the requirements for submission
of a preliminary site plan, the following information shall be shown
on all site plans for industrial, commercial, multifamily, public
and planned unit developments, as well as for land divisions and subdivisions,
unless otherwise indicated by the Administrator:
A.
Title of the project.
B.
Vicinity map at a scale of no less than one inch equals
2,000 feet.
C.
County, state, magisterial district, names and numbers
of adjacent roads, streams and bodies of water or other landmarks
sufficient to clearly identify the location of the property.
D.
A boundary survey of the tract with an error of closure
within the limit of one in 10,000, related to true North, grid North
and magnetic North, showing the location and type of boundary evidence.
E.
Scale of plat (no larger than one inch to 200 feet,
unless previously approved by the Subdivision Agent or Administrator).
F.
Date of completion and any subsequent revisions.
G.
Location, width, names and numbers of all existing
and proposed streets and easements in and adjoining the site.
H.
Location of all existing and proposed entrances to
site.
I.
Number of lots in subdivision.
J.
Acreage of individual lots.
K.
Total length of shoreline.
L.
Names of owners and locations of abutting properties.
M.
Proposed lot layout, lot numbers, block letters and
dimensions of lots (or locations of cluster development or planned
unit development).
N.
Location of and description of proposed sewage disposal
systems. In the case of septic systems, both primary and reserve sites
must be located and a professional soils report stating the suitability
of the land for such systems shall be included.
O.
Water supply and distribution plan.
P.
Fire protection plan.
Q.
Refuse disposal plan.
S.
Provisions for off-street parking, including areas
for recreational vehicles, boats, etc., and indications of type of
surfacing, size, angle of stalls, width of aisles and a specific schedule
showing the number of parking spaces provided.
T.
Location or proposed location of each building on
the site, including any accessory buildings, utility lines, streetlights,
etc.
U.
Location, height and type of all external lighting.
V.
Location, size and height of all existing and proposed
signs.
W.
Location and identification of all other proposed
facilities (swimming pools, tennis courts, etc.)
X.
Conceptual grading plan showing soil types, limits
of clearing and grading, existing and proposed grades and location
of natural watercourses, wetlands and floodplains.
Y.
Such other information as may be required by the Administrator.
Z.
Plans for subdivisions, cluster developments and planned
unit developments must be signed and certified by a professional engineer,
licensed surveyor, or architect.
A.
A final plan for property within CBPAs shall be a
site plan and all other plans as required by the Administrator.
B.
Final plans for all lands within CBPAs shall include:
(1)
The delineation of the Resource Protection Area boundary,
including the one-hundred-foot-wide buffer component;
(2)
Plat or plan note stating that no land disturbance
is allowed in the RPA including the one-hundred-foot-wide buffer without
review and approval by the Administrator;
(3)
All wetlands permits required by law; and
(4)
A maintenance agreement as deemed necessary and appropriate
by the Administrator to ensure proper maintenance of best management
practices in order to continue their functions.
C.
Final plan review procedures.
(1)
Final plans shall be submitted to the Administrator.
The filing of the final plan in addition to a zoning permit application
signed by the applicant or his or her agent, together with payment
of the prescribed filing fees, shall constitute an application for
zoning approval.
(2)
The Administrator shall check the final plan for general
completeness and compliance with such administrative requirements
as are established.
(3)
All final plans which are appropriately submitted
and conform to standards and requirements set forth in this chapter
shall be reviewed by the Administrator relative to:
(a)
Compliance with all applicable requirements of this chapter and Chapter 148, Zoning, including but not limited to setbacks, height of building, lot area, lot coverage, landscaping and screening.
(b)
Location and design of vehicular and pedestrian
access points, to include concurrence from the Virginia Department
of Transportation on proposed entrances and exits from public streets.
(c)
Location and adequacy of automobile parking
areas.
(d)
Adequacy of drainage, sewage disposal and compliance
with established design criteria, construction standards and specifications.
(e)
Protection of environmentally sensitive features.
(f)
Provision of adequate erosion and sedimentation
control measures of both a temporary and permanent nature.
(4)
The Administrator shall consider the final plan in
light of the provisions of this chapter and approve or disapprove
the final plan within 60 days from submission of the plan. In the
case of disapproval, the Administrator may suggest modifications,
requesting thereon any changes or additional information that will
be required. One copy of the final plan shall be returned to the applicant,
with the date of such approval or disapproval noted thereon over the
signature of the Administrator.
(5)
If the Administrator fails to approve or disapprove
a final plan within 60 days after it has been officially submitted
for approval, the applicant, after 10 days' notice to the Administrator,
may petition the governing body to decide whether the plat should
be approved or disapproved.
A.
Where buffer areas, landscaping, stormwater management
facilities or other specifications of an approved plan are required,
no certificate of occupancy shall be issued until the installation
of required plant materials or facilities is completed, in accordance
with the approved final plan.
B.
When the occupancy of a structure is desired prior
to the completion of the required landscaping, stormwater management
facilities or other specifications of an approved plan, a certificate
of occupancy may be issued only if the applicant provides to the governing
body a form of surety satisfactory to the Administrator in an amount
equal to the remaining plant materials, related materials and installation
costs of the required landscaping or facilities and/or maintenance
costs for any required stormwater management facilities during the
construction period.
C.
All required landscaping shall be installed and approved
by the first planting season following issuance of a certificate of
occupancy or the surety may be forfeited to the governing body.
D.
All required stormwater management facilities or other
specifications shall be installed and approved within 18 months of
project commencement. Should the applicant fail, after proper notice,
to initiate, complete or maintain appropriate actions required by
the approved plan, the surety may be forfeited to the governing body.
The governing body may collect from the applicant the amount by which
the reasonable cost of required actions exceeds the amount of the
surety held.
E.
After all required actions of the approved site plan
have been completed, the applicant must submit a written request for
a final inspection. If the requirements of the approved plan have
been completed to the satisfaction of the Administrator, such unexpended
or unobligated portion of the surety held shall be refunded to the
applicant or terminated within 60 days following the receipt of the
applicant's request for final inspection. The Administrator may require
a certificate of substantial completion from a professional engineer
or Class IIIB surveyor before making a final inspection.
[1]
Editor's Note: Former § 54-32, Period
of validity of approved final plan, was repealed 10-14-2004.
A.
After a final plan has been approved by the Administrator,
minor adjustments of the final plan, which comply with the spirit
of this article and other provisions of this chapter and with the
general purpose of the comprehensive plan for development of the area,
may be approved by the Administrator. Deviation from an approved final
plan without the written approval of the Administrator shall void
the plan, and the Administrator shall require the applicant to resubmit
a new plan for consideration.
B.
Any major revision of an approved final plan may be
made in the same manner as originally approved, and any requirements
of this article may be waived by the Administrator in specific cases
where such requirement is found to be unreasonable and where such
waiver will not be adverse to the purpose of this chapter.
In the event that the final plan or any component of the final plan is disapproved and recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the governing body. The appeal must be made in writing and filed within 30 days after notification of the decision as provided in § 54-30C(4) of this chapter. In granting an appeal, the governing body must find such plan to be in accordance with all applicable ordinances and include necessary elements to mitigate any detrimental impact on water quality and upon adjacent property and the surrounding area, or such plan meets the purpose and intent of the performance standards in this chapter. If the governing body finds that the applicant's plan does not meet the above-stated criteria, it shall deny approval of the plan.
