(a)

The Wallops Island space transit overlay corridor is established pursuant to the authority of the Code of Virginia, §§ 15.2-2283 and 15.2-2284 for the purposes of providing safe transit for over-sized loads from the NASA/Wallops Flight Facility Payload Processing Facility to Mid-Atlantic Spaceport launch facilities at Wallops Island; and to promote the health, safety and general welfare by providing a corridor for space transportation and commerce that is vital to the economic interest and the economic development potential of Accomack County.

(b)

The transit corridor created and described herein shall be an overlay to the existing underlying districts as shown on the official zoning ordinance map, and as such, these provisions shall supplement or qualify the underlying zoning district provisions. In the case of any conflict between the provisions or requirements of the transit overlay corridor and those of any underlying district, the more restrictive provisions and/or those pertaining to this overlay corridor shall apply. In the event any provision of this overlay corridor ordinance is declared invalid, unenforceable, or inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(Ord. of 10-20-2010)

For the purpose of this article words and terms used herein shall be defined as follows:

Development means any manmade change to the environment, including but not limited to all improved or unimproved real estate, including, but not limited to, the installation or placement of wires, lines, guys, conduits, cables, pipes, arms, poles, supports, signs, structures, lights, utilities, equipment or materials.

Existing overhead facilities means any wire, cable, conduit, connection, guy, or other improvement determined to have been installed and in service within the transit corridor specified herein before the initial effective date of the ordinance from which this article is derived.

Space Transit Corridor means a route of passage, as shown on the map entitled “Wallops Island Space Transit Overlay Corridor Map” accompanying this ordinance, within the existing public secondary road right-of-way maintained by the Virginia Department of Transportation (VDOT) coextensive in width with the width of pavement existing within such right-of-way as of the effective date of this ordinance, and extending to a clear and passable height as otherwise specified herein, measured from the surface of the finished pavement.

Vegetation means plant material of any type or kind, living or dead, rooted, potted, or otherwise located outside of the edge of pavement and adjacent to the Space Transit Corridor.

(Ord. of 10-20-2010)

(a)

For the purpose of ensuring the safe delivery of crafts and cargoes bound for space via Wallops Island launch facilities, an uninterrupted and unobstructed clear transit corridor is hereby established within the existing right-of-way of Commonwealth of Virginia Routes 798, 679, and 803. The corridor hereby established extends for the full width of pavement existing as of the adoption of this ordinance, and vertically from such pavement edge to an unlimited (infinite) height.

(b)

The boundaries of the transit corridor are established as shown on the Wallops Island Space Transit Overlay Corridor Map, which is declared to be part of this article, and which shall be kept on file at the department of building and zoning. The provisions of this article, the official zoning map, and the flood insurance rate maps shall be read and construed together in the application of this article.

(Ord. of 10-20-2010)

(a)

No development shall be permitted in the Space Transit Corridor above the surface of the VDOT-maintained pavement.

(b)

No vegetation shall be permitted to encroach within the Space Transit Corridor.

(Ord. of 10-20-2010)

All new or replacement development to be installed below the surface of the VDOT-maintained pavement in the Space Transit Corridor shall meet, at a minimum, standards prescribed by VDOT and, as appropriate, prescribed by NASA/Wallops Flight Facility, for withstanding the weight and other physical characteristics of loads to be delivered via the Space Transit Corridor. No permit for any development below the surface of the Space Transit Corridor shall be permitted absent the express, written approval of VDOT.

(Ord. of 10-20-2010)

(a)

The Space Transit Corridor is established and shall be consistently enforced and maintained for so long as this ordinance shall remain in effect, for the purpose of supporting aerospace activities at NASA/Wallops Flight Facility and Wallops Island Launch Facilities. These federal activities, whether advanced directly by federal forces or indirectly through private contractors, play a critical role in aerospace missions of the United States of America. If, upon reviewing an application for a variance to the requirements of this article, it should appear to the board of zoning appeals that a hardship approaching confiscation is plainly demonstrated, the board of zoning appeals shall itself seek written confirmation from the director of the Mid-Atlantic Regional Spaceport and the operations director of the NASA/Wallops Flight Facility that the granting of such will not result in unacceptable interference with or inconvenience to Spaceport or NASA operations, additional threats to public safety, extraordinary public expense, or disrupt the execution of any federal contract or performance of any mandate at Wallops Island.

(b)

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project and other related matters. The full cost of any technical assistance reasonably required by the board of zoning appeals must be paid for in advance by the variance applicant.

(c)

Variances shall be issued only after the board of zoning appeals has received written confirmation from the director of the Mid-Atlantic Regional Spaceport and the operations director of the NASA/Wallops Flight Facility that the granting of such will not result in unacceptable interference with or inconvenience to Spaceport or NASA operations, additional threats to public safety, extraordinary public expense, or disrupt the execution of any federal contract or performance of any mandate at Wallops Island.

(d)

Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from exceptional hardship to the applicant.

(e)

In granting any variance, the board of zoning appeals may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this article.

(f)

A record shall be maintained of the above confirmations as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in writing to the director of the Mid-Atlantic Regional Spaceport and the operations director of the NASA/Wallops Flight Facility.

(Ord. of 10-20-2010)

The route provided for large load delivery by this Wallops Island Space Transit Overlay District is considered reasonable for regulatory purposes and is based on engineering evaluation and opinion provided at the time of its enactment. The requirements of this article are applied and compliance with them is established at the time overhead improvements are installed. Some overhead improvements are, by their nature, prone to slacken, droop, or otherwise be lowered over time. Consequently, this article does not imply that improvements that are compliant at the time of their installation will remain in compliance permanently, and the enactment of this article cannot be taken as a warranty of a perpetually clear route. Therefore, is shall be incumbent upon users of this corridor for the transit of large loads to inspect both their loads and the corridor itself to ensure their own safe passage, and to coordinate the transit of their goods with the Virginia Department of Transportation (VDOT), the authority responsible for maintenance of the right-of-way within which this overlay runs. This article shall not create any liability on the county or any officer, agency or employee thereof for any damage or injury that may result from reliance on this article, or an administrative decision lawfully made thereunder.

(Ord. of 10-20-2010)