(a)

Zoning districts established. In order to regulate and restrict the location and use of buildings and land for trade, industry, residence and other purposes in accordance with the objectives of the comprehensive plan; to regulate and restrict the location, height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces and the density of population, the following zoning districts are hereby established:

(1)

Primary zoning districts. The entire territory under the jurisdiction of the county is hereby classified into one of the following primary zoning districts to be known and cited as indicated:

a.

A-1 Agriculture and Forestry, Preservation

b.

A-2 Agriculture and Forestry, General

c.

R-1 Very Low Density Residential

d.

R-2 Low Density Residential

e.

R-3 Medium Density Residential

f.

R-4 Residential, Restricted

g.

MH-1 Mobile Home Park

h.

PUD Planned Unit Development

i.

B-1 Local Business

j.

B-2 General Business

k.

I-1 Light Industrial

l.

I-2 Industrial

(2)

Special purpose zoning districts. Special purpose district regulations supplement, rather than replace, the regulations of the primary zoning districts that otherwise apply to the same land. Special purpose zoning districts are established to be known and cited according to the following:

a.

CBPA-OD Chesapeake Bay Preservation Area Overlay

(b)

Reference to district names. For the purpose of reference hereafter in this Ordinance, unless specifically provided to the contrary, the term "residence district" shall include the agricultural districts and the residential districts. The term "business district" shall include all business districts; and the term "industrial district" shall include all industrial districts.

(a)

Primary Zoning Districts.

(1)

A-1 Agricultural and Forestry, Preservation District. The purpose of the A-1 district is to encourage continued agricultural and forest uses and preserve the natural beauty and ecology or environmental health of rural areas through large lots with wide expansive areas of farming and forestry. This district generally corresponds to areas of the County represented as the Agricultural Preservation District in the County Comprehensive Plan. At the same time, the district is intended to provide for very sparse residential development for those who own or manage on site farm and forestry lands or choose to live in a rural environment. In order to protect against premature subdivision of land and the formation of urban clusters where none are planned, subdivisions are restricted to maintain and protect the land base necessary to support the County's agricultural economy. This district shall not be confused with, but may include, properties designated as Agriculture and Forestal Districts through the Agricultural and Forestal Act, as described in the Code of Virginia, § 15.2-4300 et seq.

(2)

A-2 Agricultural and Forestry, General District. The purpose of this district is to protect existing and future farming operations, allow accessory uses that boost the agriculture economy, and at the same time allow for low density residential uses. This district generally corresponds to areas represented as the Countryside District and Rural Residential Development in the County Comprehensive Plan. Generally, this district covers certain portions of the County now devoted entirely or predominantly to various open uses, such as farms, forest, parks or lakes, into which residential or other types of development could reasonably be expected to expand in the foreseeable future. In order to protect against premature subdivision of land and the formation of urban clusters where none are planned, subdivisions are restricted to maintain the rural character of the district. This district shall not be confused with, but may include, properties designated as Agriculture and Forestal Districts through the Agricultural and Forestal Act, as described in the Code of Virginia, § 15.2-4300 et seq.

(3)

R-1 Very Low Density Residential District. The purpose of this district is to provide for very low-density residential development of no more than one unit per acre together with such public, civic, recreation and accessory uses as may be necessary or are normally compatible with residential surroundings. Since substantial tracts of vacant land are or may be included in the R-1 district, agricultural and open uses are permitted, but in general, urbanization is planned, and adequate utilities and public services exist or should be planned for the types of development contemplated. The regulations for this district are designed to provide for individuals and families who desire spacious homesites without fear of encroachment of dissimilar uses. The R-1 districts will be generally located in the Rural Residential District as shown in the Essex County Comprehensive Plan.

(4)

R-2 Low Density Residential District. The purpose of this district is to provide for low-density residential development of no more than two units per acre together with such public, civic, recreation and accessory uses as may be necessary or are normally compatible with residential surroundings. The regulations for this district are designed to prohibit commercial activities but promote and encourage a suitable environment for family life by providing a mix of housing types located in closer proximity to shopping and employment. The R-2 district will generally be located in the Rural Residential Districts as shown on the Essex County Comprehensive Plan.

(5)

R-3 Medium Density Residential District. The purpose of this district is to provide for medium-density residential developments of no more than four units per acre and to encourage a mixture of residential uses with certain public and semipublic land uses. The regulations for this district are designed to provide a suitable environment for those desiring dense community living and close proximity to shopping, employment, and other community facilities. The R-3 district will generally be located in the Development Service and Deferred Development Service District as shown on the Essex County Comprehensive Plan.

(6)

R-4 Residential, Restricted District. The purpose of this district is to allow for medium density residential development, on nonconforming lots of record, provided said lots were recorded prior to October 16, 1976, and provided their development is consistent with the requirements of the Chesapeake Bay Preservation District, Section XV-1 of this Ordinance. After November 10, 2022, R-4 zoning shall no longer be granted. Properties zoned R-4 on or before November 10, 2022, shall continue to be subject to the provisions of the R-4 district standards.

(7)

MH-1 Mobile Home Park District. The purpose of this district is to provide for the establishment of attractive, safe, and well-designed mobile home parks and to ensure that space is provided for moderately priced housing. The MH-1 district will generally be located in the Development Service Districts as shown on the Essex County Comprehensive Plan.

(8)

PUD Planned Unit Development District. This district is intended to permit development in accordance with a master plan of cluster type communities. Within such communities, the location of all improvements shall be controlled in such a manner as to permit a variety of housing accommodations in an orderly relationship to one another, with the greatest amount of open area and the least disturbance to natural features. A planned unit development may include light commercial facilities to the extent necessary to serve the needs of the particular planned unit development. Lands currently designated as the Agricultural Preservation (A-1) district shall not be considered appropriate for Planned Unit Development (PUD) district designation. The PUD district will generally be located in the Rural Residential and Development Service Districts as shown on the Essex County Comprehensive Plan.

(9)

B-1 Local Business District. The purpose of this district is to provide primarily for retail shopping and personal service uses, to be developed either as a unit or in individual parcels to serve the needs of a relatively small section of the County or the needs of the traveling public on the highways. To enhance the general character of the district, its function of local services, and its compatibility with its surroundings, the size and design of certain uses is limited. The B-1 district will generally be located in the Development Service District, and Rural Service Centers as shown on the Essex County Comprehensive Plan.

(10)

B-2 General Business District. The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of commercial, automotive, and miscellaneous recreational and service activities, generally serving a wide area of the County and generally located near the Town of Tappahannock where a general mixture of commercial and service activity now exists or is planned. The district is not characterized by extensive warehousing, frequent heavy trucking activity, or the nuisance factors of dust, odor, and noise associated with industrial activities. The B-2 district will generally be located in the Development Service District as shown on the Essex County Comprehensive Plan.

(11)

I-1 Light Industrial District. The purpose of this district is to provide areas in which the principal use of land and buildings is for light manufacturing and assembly plants including processing, storage, warehousing, wholesaling and distribution. It is the intent that permitted uses be conducted so that noise, odor, dust, smoke, and glare of each operation is confined within an enclosed building. The I-1 district will generally be located in the Business and Employment Districts and select locations within the Development Service District as shown on the Essex County Comprehensive Plan.

(12)

I-2 Industrial District. The intent of this district is to permit certain larger scale manufacturing with large outside storage, warehousing, and product display. The creation of any offensive noise, smoke or odor shall be mitigated with industry best practices for the compatibility of the surrounding uses and the preservation of the environment. The I-2 district will generally be located in the Business and Employment District or the Development Service Districts as shown on the Essex County Comprehensive Plan.

(b)

Special Purpose Zoning Districts.

(1)

CBPA-OD Chesapeake Bay Preservation Area Overlay District. This district is enacted to implement the requirements of Code of Virginia, § 62.1-44.15:67 et seq., as amended, (The Chesapeake Bay Preservation Act) and Regulation 9VAC25-830 et seq. The Chesapeake Bay Preservation Act, Article 2.5 of Chapter 3.1 of Title 62.1 of the Code of Virginia (1950), as amended, recognizes that healthy State and local economics are integrally related to each other and the environmental health of the Chesapeake Bay.

(2)

The purpose of the District is to assist in protection of the Chesapeake Bay and its tributaries from non-point source pollution from land uses or appurtenances within the Chesapeake Bay drainage area and minimize pollution and deposition of sediment in wetlands, streams, and lakes in Essex County which are tributaries of the Chesapeake Bay. The district encourages and promotes:

a.

Protection of existing high quality state waters;

b.

Restoration of all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them;

c.

Safeguarding of the clean waters of the Commonwealth from pollution;

d.

Preventing any increase in pollution;

e.

Reducing existing pollution; and

f.

Promoting water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of the Commonwealth.

(3)

This district is enacted under the Authority of Code of Virginia, § 62.1-44.15:74 (the Chesapeake Bay Preservation Act) and Code of Virginia, § 15.2-2283. Code of Virginia, § 62.1-44.15:74 states that zoning ordinances shall "comply with all criteria set forth in or established pursuant to Code of Virginia, § 62.1-44.15:72."

(a)

In addition to the other requirements of this Ordinance, the requirements specified in this Article shall be considered the minimum required to promote the public health, safety, convenience, and general welfare. Unless otherwise specified, the standards of the Article are the minimum required.

(b)

Family subdivisions are not subject to the density restrictions.

(c)

The permitted density and division of land is allowed provided minimum lot sizes, dimensions, and setbacks can be met and provisions of Community Development Standards, Article VII of this Ordinance, including but not limited to, parking, landscaping, buffers, screening, and the Essex County Subdivision Article are satisfied.

(d)

Minimum requirements are also subject to the standards for specific uses in Use Performance Standards, Article VI, and any conditions of Conditional Use approval, if applicable.

(e)

State Health Official may require larger minimum lot area for permitted uses as needed to meet Department of Health requirements for individual wells and/or sewage disposal systems.

(f)

Lot frontage on the terminus of a stub street does not meet the requirements for road frontage unless a determination is made that extension of the stub street is not needed to serve future development.

(g)

Setbacks:

(1)

Increased setbacks may be required for compliance with Floodplain or Chesapeake Bay regulations.

(2)

Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building line.

(3)

Non-residential structures shall meet minimum setbacks provided in this Ordinance.

(h)

Virginia Department of Transportation may require additional accesses for developments other than what is specified in this Article; the more restrictive requirement shall control.

(a)

Other Required Townhouse Subdivision Standards.

(1)

All lots shall have frontage on a road. If approved by the County as part of a rezoning application, lots may front on private pavement which has direct access to a public road when the private pavement is designed and constructed in accordance with the provisions of the Essex County Subdivision Article.

(2)

Common Areas Design. Within required common area, except where lots abut a public street, a 5-foot-wide common area shall be provided around the perimeter of each group of attached lots.

(3)

Common Areas Ownership. Open space shall be owned and maintained by the developer and/or owner of the townhouse development, until such time as it is turned over to the ownership and maintenance of an approved homeowners' association, whose members shall include all of the individual owners of townhouses in the development, or to a nonprofit council of co-owners as provided under the Code of Virginia. This land shall be used solely for the recreational and parking purposes of the individual townhouse lot owners. Such land conveyance shall include deed restrictions and covenants, in a form acceptable to the county attorney, that shall provide, among other things, that assessments, charges and costs of the maintenance of such areas shall constitute a pro rata lien against the individual townhouse lots, inferior in dignity only to taxes and bona fide duly recorded deeds of trust of each townhouse lot. An applicant seeking to subject property to townhouse development under this section whose ownership or interest in the property is held by a valid lease, shall provide for an initial term of not less than 99 years in such lease.

(4)

Attached lots. The number of lots in each group of attached lots shall be varied throughout the subdivision.

(b)

Additional Townhouse Subdivision and Multi-family Project Standards.

(1)

General Design and Building Layout. The development shall be designed with special attention to compatibility of adjacent land uses, topography, existing vegetation, and orientation. The development shall incorporate an attractive building layout which relates to and enhances natural vegetation and terrain or incorporates natural design features such as preservation of scenic vistas or other unique elements of the site.

(2)

Architecture. Buildings shall be designed to impart harmonious proportions and avoid monotonous facades and large bulky masses. Buildings shall maintain possess architectural variety while at the same time maintain an overall cohesive residential character. Residential character may be achieved through the creative use of design elements such as, but not limited to, balconies, terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines, or other appurtenances such as lighting fixtures and plantings. The facades of individual units within any contiguous row of townhouses shall be sufficiently varied in their materials, design, or appearance as to visually distinguish them as individual dwelling units.

(3)

Public Water and Public Sewer. All developments shall be provided with public water and public sewer.

(4)

Pedestrian Access. Pedestrian access shall be provided to all common area elements, including mail kiosks, parking lots, refuse collection areas, recreational amenities and to adjoining properties and along public roadways as required through plans review.

(5)

Roads and Private Pavement. All roads and private pavement shall have concrete curb and gutter.

(6)

Landscaping and Architectural Plans. In conjunction with site plan submission, landscape and architectural renderings or elevations, as well as any development phasing plans shall be submitted for approval.

(7)

Landscaping and Buffer. Landscaping as required in Article VII shall be installed within the private pavement setback and the building setbacks.

(8)

Screening of Mechanical Equipment and Refuse Collection. Whether ground-level or rooftop, any refuse collection or mechanical equipment visible from adjacent property or roads shall either be integrated into the architectural treatment of the building or screened from view.

(9)

Phasing. Unless a phasing plan is approved through preliminary plat review, construction shall be completed prior to issuance of building permits. An approved phasing plan may include limitations on the issuance of building permits for individual multi-family units.

(10)

Multifamily Building Placement.

a.

A multifamily building constructed along a public road shall front the road.

b.

The front yard setback of each unit shall be varied at least 2 feet from the adjacent unit and every third unit shall be varied at least 4 feet from the adjacent unit.

In addition to the other requirements of this Ordinance, uses within the R-4 district shall only be permitted on lots recorded prior to October 16, 1976, in compliance with Chesapeake Bay Preservation Area Overlay District standards, Chapter 18, Floodplain Management of the County Code, and as specified in this section.

(a)

Other Required Park Standards.

(1)

Recreational Area. Fifty (50) percent of the required area shall be outside of floodplains and have a slope of not more than 5%. Sufficient recreation facilities such as playground equipment, playfields and courts, picnic tables, and benches, as deemed appropriate at time of plan review, shall be installed within required recreation area. Recreational facilities shall be designed, constructed and maintained to be safe for users. All required safety fall zones and surfacing standards shall be met.

(2)

Interior Park Streets. Park streets shall have unobstructed access to a public road. The design and construction of the interior park street system shall be sufficient to adequately serve the size and density of the development. Parking shall be prohibited in park streets. Park streets shall be constructed of bituminous concrete, concrete or similar material, designed to ensure adequate access by emergency services, and shall comply with private road standards of the Subdivision Article.

(3)

Underground Utilities and Water and Sewer Systems. All telephone, electrical distribution, water, fuel and other utility lines shall be placed underground. All manufactured home parks shall be served by public water and wastewater or be served by a private central water and sewer system approved by the Virginia Department of Health. All manufactured homes shall be required to utilize the approved water and sewer systems. All sanitary wastewater connections shall be located beneath the manufactured home which it serves.

(4)

Solid Waste Disposal Areas. Solid waste disposal areas shall not create a health or fire hazard. All solid waste shall be stored in fly-proof, watertight, rodent proof containers. A sufficient number of containers shall be provided. Park management shall be responsible for the collection and disposal of waste.

(5)

Streetlights. Streetlights shall be installed at the intersection of park driveways and in locations where it is determined that such lighting is necessary to ensure safety and security for persons, property and traffic. The exact number and location of streetlights shall be approved at the time of plan review.

(6)

Expansion of Existing Parks. Any expansion of existing mobile home parks must result in full compliance with all regulations contained in this section.

(b)

Other Required Individual Manufactured Home Standards.

(1)

Skirting. Manufactured homes shall be skirted in accordance with the Building Code.

Overall Guidelines and Design.

(1)

The purpose of the PUD, Planned Unit Development District, is to offer areas where higher density and more intense development can be accommodated. A variety of uses are permitted within this District that create a unified livable community. Generally, an integrated mix of higher-density residential development with some smaller scale neighborhood-serving commercial uses is permitted in a village-like setting.

(2)

PUDs are intended to develop contiguous to existing development or as an infill development that has a compact design with a mix of housing types, commercial uses and open space and recreational areas that are all interconnected with access that facilitates walking, cycling, transit and driving.

(3)

PUDs shall be located on tracts having sufficient size to accommodate the development and provide appropriate transitions. Primary access for the development would be provided directly to a major roadway and not through an existing residential development having an average lot size larger than that of the proposed development.

(4)

The PUDs development design and quality should enhance the surrounding area, preserve scenic assets and natural features and be designed with the influence of the historic and architectural character of the community.

(5)

Edges of the development adjacent or near to established neighborhoods would be required to buffer the edges to minimize impact to established neighborhoods. This approach acknowledges existing development patterns and recognizes historic development conditions.

(6)

Quality design standards are required to include provision of sidewalks, street trees, site and individual lot landscaping, recreational amenities, a comprehensive system of pedestrian, bike and bridle paths, where appropriate, and quality and variety of the architectural design and materials. Further, it is the intent of the district to be designed to the human scale with neighborhood connectivity. Consideration should be given to height of buildings, mixture of homes to accommodate various incomes, neighborhood parks, recreational areas, greens, walking distances, interconnected streets, and traffic calming techniques.

(7)

These higher density, mixed use developments will only be permitted in areas where infrastructure in the form of public water and sewer, transportation systems and other public facilities such as parks and community facilities would not be adversely impacted or provisions are made for such facilities to accommodate demands resulting from the development.

An integrated mix of higher density residential development with smaller scale neighborhood-serving commercial uses, public spaces and community and recreational uses are permitted:

(1)

Residential Use. The majority of the development should be residential units of varying types. Permitted residential uses include: Attached and detached single-family dwellings, duplexes, townhouses and attached and detached multi-family (condominiums and/or apartments) units. Multi-family residential uses would be permitted to be vertically integrated with non-residential uses within buildings, with residential uses on the upper floor(s) of a building and non-residential uses on the ground floor.

(2)

Non-Residential Use. Permitted non-residential uses should primarily be smaller-scale and serve a neighborhood wide trade area as permitted in the Business Limited (B-1) District. Limited commercial uses that serve broader trade areas as permitted in the Business (B-2) District may be permitted under circumstances that minimize impacts of vehicular traffic on the desired development pattern and surrounding area. These uses would not include automobile-oriented uses such as automobile repair, service and sales; automobile parts sales; and car-washes.

(3)

Guaranteed Mixed Use. Non-residential uses are required to be developed in conjunction with the development's residential uses such that:

a.

Minimum of 30% of the total land area of the PUD must include non-residential uses (Overall not less than 20% commercial uses and not less than 10% public/recreational and open space uses)

b.

Maximum of 50% of the total residential uses for the project are permitted to receive certificates of occupancy until such time as construction is complete on 40% of the non-residential uses for the project.

While the standards below offer the minimum development standards, PUDs often are substantially different in character than traditional single use developments such that additional standards and exceptions to existing standards are needed through the approval process. Considerations for granting exceptions are provided in Section (5) below.

(1)

Residential Uses.

a.

For the residential uses, development shall comply with the standards for permitted uses in the R-3 (Higher Density Residential) Zoning District and Use and Development Standards sections for these uses. These standards address requirements including, but not limited to, densities, lot areas, frontage, width, setbacks, buffers, landscaping, parking, building heights, open space ownership and maintenance and architectural standards.

(2)

Non-Residential Uses.

a.

For non-residential uses, development shall comply with the standards for permitted uses in the B-1 (Business Limited) Zoning District and Use and Development Standards sections for these uses. These standards address requirements including, but not limited to, lot areas, frontage, width, setbacks, buffers, screening, landscaping, parking, building heights, open space ownership and maintenance and architectural standards.

(3)

Streets, alleys and pedestrian circulation:

a.

Streets and alleys shall be provided pursuant to the Ordinance and shall be constructed in compliance with current standards and accepted for maintenance by VDOT.

b.

Safe and appropriate vehicular circulation on-site and between adjacent properties shall be provided.

c.

Pedestrian ways shall be incorporated into each development and extended to adjacent properties. Pedestrian ways shall be designed to minimize conflicts with vehicular traffic.

d.

The orientation of streets shall enhance the visual impact of common open space and prominent scenic assets and natural features.

e.

Alley easements shall be owned, controlled, and maintained by a property owners' association (POA) or similar association or owned by individual property owners with control and maintenance by a POA or other association. The County shall be granted emergency ingress and egress to alleys but shall have no maintenance or ownership responsibilities.

(4)

Architecture:

a.

In addition to standards provided in R-3 and B-1 District and in Use Performance Standards, the following shall be met with the planned development:

1.

A consistent architectural treatment shall be developed for the project to ensure quality design and architecture are provided throughout. Architectural treatment of buildings, including materials, color and style, shall be compatible.

2.

Architectural compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features.

(5)

Standards Exceptions:

a.

An applicant may request to develop portions of the development at higher densities than stated for that particular use or may request flexibility in Ordinance standards to accommodate the planned design and to encourage innovative and creative design and high-quality development. In granting development standard exceptions, consideration shall be given as to:

1.

Whether the exceptions are solely for the purpose of promoting an integrated development plan which would be equally beneficial to the development's design, its future occupants, and the surrounding area as would be obtained under this Ordinance's development standards;

2.

Whether the exceptions are necessary, desirable and appropriate with respect to the primary purpose of the development; and

3.

Whether the exceptions are not of such a nature or located so as to have a detrimental influence on the area;

4.

Lot Area Reductions. The minimum lot area requirements may be decreased without limitation, provided that land in an amount equivalent to that by which each residential lot or building site is diminished is provided in common area within the development;

5.

Amendment of Conditions of Approval. Except as outlined below, amendment of conditions of approval for a PUD shall occur through the same process as the original approval:

i.

Conditions allowing amendment by the planning commission, staff or others may be amended per the language of the condition; and

ii.

Conditions establishing setbacks may be amended through the granting of a variance by the Board of Zoning Appeals provided relief applies solely to a single lot and not the overall area encompassed by the PUD.

(6)

Conditions and Guarantees:

a.

Conditions and restrictions may be imposed on the use, operation, establishment, location and construction of the development or any portion thereof as necessary to protect the public interest and ensure compliance with the guidelines of this Ordinance and the Comprehensive Plan. In addition, a guarantee or bond may be required to ensure that conditions and Ordinance standards are satisfied. Reasonable guarantees shall be provided that required common area and other commonly owned portions of the development will always remain available and be reasonably maintained.

(7)

Application and Review:

a.

Establishment of a PUD District shall be pursuant to the rezoning procedure set forth in Article III.

b.

In addition to the rezoning application requirements listed in Article III, the following application requirements shall apply:

1.

A master plan showing:

i.

General location of streets and alleys;

ii.

Land uses by type, function, density and intensity;

iii.

Transitional areas between uses and adjacent properties;

iv.

Proposed open space, specifically designating areas for passive and active use, and an inventory of scenic assets and natural resources to be considered for preservation; and

v.

Preliminary plans for drainage and erosion control, transportation improvements, water and sewer service, and other public utilities and facilities as may be required.

2.

A textual statement explaining in specific detail any and all exceptions to this Ordinance that are being requested for the development and written justification for such exception request(s).

3.

A tabulation of the proposed program of development by general area and in total providing:

i.

Proposed dwelling units by residential type;

ii.

Proposed non-residential square footages by use type;

iii.

Calculations of percentages of land area covered by the various land uses;

iv.

Illustrative building, parking, and alley layouts;

v.

Descriptions and illustrations of screening, buffering and transitions to be provided between residential and non-residential uses and along development's edge;

vi.

Standards for the landscaping and lighting;

vii.

Standards for the landscaping and lighting;

viii.

Street, loading areas and parking design;

ix.

Screening;

x.

Architectural guidelines for all building types; such guidelines need not set specific floor plans or elevations, but shall describe the style and materials of buildings;

xi.

A written description of how the proposed plan and design guidelines for the proposed PUD meet the objectives outlined in this section;

xii.

A statement regarding the timing of construction of common and/or public facilities;

xiii.

A general statement as to how parks, squares, common open spaces and common facilities are to be owned and maintained; and

xiv.

Detailed conceptual plan of each residential type, commercial areas, recreational amenities, and open space areas.

(a)

Other Required Conditions.

(1)

Architecture. Buildings shall meet the following architectural requirements:

a.

Building facades visible to a road or A, R or MH District shall not be constructed of unadorned concrete block, unfinished corrugated metal or unfinished sheet metal. A façade shall not consist of architectural materials inferior in quality, appearance or detail to any other façade, except that use of different materials on different facades shall be permitted.

b.

Views of junction and accessory boxes visible from roads or adjacent property shall either be integrated into the architectural treatment of the building or their view minimized by landscaping.

c.

For developments within Rural Service Centers, as identified in the Comprehensive Plan, buildings shall possess architectural variety while still maintaining compatibility with existing structures, especially those of high historic interest and shall employ an overall cohesive character as reflected in existing structures through the use of design elements including, but not limited to, materials, balconies, terraces, articulation of doors and windows, sculptural or textual relief of facades, architectural ornamentation, varied roof lines, or other appurtenances such as lighting fixtures and landscaping. Compatibility may be achieved through the use of similar building massing, materials, scale, colors and other architectural features.

(a)

Other Required Conditions.

(1)

Architecture. Buildings shall meet the following architectural requirements:

a.

Building facades shall not be constructed of unadorned concrete block, unfinished corrugated metal or unfinished sheet metal. A façade shall not consist of architectural materials inferior in quality, appearance or detail to any other façade, except that use of different materials on different facades shall be permitted.

b.

Views of junction and accessory boxes visible from roads or adjacent property shall either be integrated into the architectural treatment of the building, or their view minimized by landscaping.

(a)

The Chesapeake Bay and its tributaries are one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of Essex County and the Commonwealth of Virginia. The health of the Bay is vital to maintaining Essex County's economy and the welfare of its citizens.

(b)

The Chesapeake Bay waters have been degraded significantly by many sources of pollution, including non-point source pollution from land uses and development. Existing high-quality waters are worthy of protection from degradation to guard against further pollution. Certain lands that are proximate to shorelines have intrinsic water quality value due to the ecological and biological processes they perform. Other lands have severe development constraints from flooding, erosion, and soil limitations. With proper management, they offer significant ecological benefits by providing water quality maintenance and pollution control, as well as flood and shoreline erosion control. These lands together designated by the Essex County Board of Supervisors as Chesapeake Bay Preservation Areas ("CBPAs"), need to be protected from destruction and damage in order to protect the quality of water in the Bay and consequently the quality of life in Essex County and the Commonwealth of Virginia.

(a)

This district shall be in addition to and shall overlay all other zoning districts where they are applied so that any parcel of land lying in the Chesapeake Bay Preservation Area Overlay District shall also lie in one or more of the other zoning districts provided for by the Zoning and Subdivision Ordinance.

(b)

Unless otherwise stated in the Overlay District, the Essex County Zoning and Subdivision Ordinance, the Erosion and Sediment Control Ordinance of Essex County, the Building Regulations Ordinance of Essex County, and any other applicable local ordinance shall be followed in reviewing and approving development, redevelopment, and uses governed by this Overlay District.

(a)

The Chesapeake Bay Preservation Area Overlay District shall apply to all lands identified as CBPAs as designated by the Essex County Board of Supervisors and as shown on the Overlay CBPA Map adopted by the Essex County Board of Supervisors on October 22, 1991. The Overlay CBPA Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Article.

(1)

The Resource Protection Area (RPA) includes:

a.

Tidal wetlands;

b.

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

c.

Tidal shores;

d.

A vegetated buffer area not less than 100 feet in width located adjacent to and landward of the components listed above, and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the RPA notwithstanding the presence of permitted uses, encroachments, and permitted vegetation clearing in compliance with this article.

(b)

The Resource Management Area (RMA) is composed of concentrations of the following land categories: floodplains; highly erodible soils, including steep slopes; highly permeable soils; nontidal wetlands not included in the RPA or other sensitive lands necessary to protect the quality of State waters.

The Overlay CBPA Map shows the general location of CBPAs and should be consulted by persons contemplating activities within Essex County prior to engaging in a regulated activity. The specific location of RPAs on a lot or parcel shall be delineated on each site or parcel as required under Section 36.268(a) of this Article.

(a)

Delineation by the Applicant. The site-specific boundaries of the RPA shall be determined by the applicant through the performance of an environmental site assessment, subject to approval by the Zoning Administrator and in accordance with Section 36.273, (Plan of Development), of this Article or a Water Quality Impact Assessment (WQIA) as required under 36.272(b) of this Article. The CBPA Overlay Map may be used as a guide to the general location of RPAs; however, this does not relieve the applicant of the requirement that they perform site-specific determination of the RPA.

(b)

Delineation by the Zoning Administrator in RPAs. The Zoning Administrator, when requested by an applicant wishing to construct a single-family dwelling or additions to existing homes, or utility buildings, garages, and other structures accessory to single-family dwellings, may waive the requirement for an environmental site assessment and perform the delineation. The Zoning Administrator may use hydrology, soils, plant species, and other data, and consult other appropriate resources as needed to perform the delineation.

(c)

Where Conflict Arises Over Delineation. Where the applicant has provided a site-specific delineation of the RPA, the Zoning Administrator will verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the Zoning Administrator may render adjustments to the applicant's boundary delineation in accordance with Sections 36.252 to 36.273 (Plan of Development) of this Article. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of Section 36.273(i) (Denial/Appeal of the Plan).

Permitted uses, special permit uses, accessory uses, any other uses and special requirements shall be as established by the underlying zoning district, unless specifically modified by the requirements set forth herein.

Lot size shall be subject to the requirements of the underlying zoning district(s), provided that any lot shall have sufficient area outside the RPA to accommodate an intended development, in accordance with the performance standards in Section 36.250, when such development is not otherwise allowed in the RPA.

(a)

Purpose and Intent.

(1)

The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential.

(2)

The purpose and intent of these requirements are also to implement the following objectives:

a.

Prevent a net increase in non-point source pollution from new development;

b.

Achieve a ten percent (10%) reduction in non-point source pollution from redevelopment; and

c.

Achieve a forty percent (40%) reduction in non-point source pollution from agricultural and silviculture uses.

(b)

Required Conditions.

(1)

All development and redevelopment exceeding two thousand five hundred (2,500) square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of the Zoning and Subdivision Ordinance or a subdivision plat in accordance with the Subdivision Article unless otherwise provided for.

(2)

Development in RPAs may be allowed only if it: (i) is water dependent; (ii) constitutes redevelopment; (iii) constitutes development or redevelopment within a designated Intensely Developed Area; (iv) is a new use established pursuant to subdivision 4a of this section; (v) is a road or driveway crossing satisfying the conditions set forth in subdivision 1d of this section; or (vi) is a flood control or stormwater management facility satisfying the conditions set forth in subsection (b)(2)e. of this section.

a.

A WQIA in accordance with subsection (b)(2)f. of this section shall be required for a proposed land disturbance.

b.

A new or expanded water-dependent facility may be permitted provided that:

1.

It does not conflict with the Comprehensive Plan.

2.

It complies with the performance criteria set forth in Section 36.271 of this Ordinance.

3.

Any non-water dependent component is located outside of the RPA.

4.

Access will be provided with the minimum disturbance necessary. Where practical, a single point of access will be provided.

c.

Redevelopment outside locally designated Intensely Developed Areas shall be permitted in the RPA only if there is no increase in the amount of imperious cover and no further encroachment within the Resource Protection Area, and it shall conform to applicable erosion and sediment control and stormwater management criteria set forth in the Erosion and Sediment Control Law and the Virginia Stormwater Management Act and their attendant regulations, as well as all applicable stormwater management requirements of other state and federal agencies.

d.

Roads and driveways not exempt under subdivision B.1 of 9VAC25-830-150 and which, therefore, must comply with the provisions of this chapter, may be constructed in or across RPAs if each of the following conditions is met:

1.

The director finds that there are no reasonable alternatives to aligning the road or driveway in or across the RPA;

2.

The proposed alignment, design and construction of the road or driveway is optimized to minimize encroachment in the RPA and adverse effects on water quality;

3.

The design and construction of the road or driveway conform to all applicable criteria of this article, including submission of a water quality impact assessment; and

4.

The director reviews the plan for the proposed road or driveway in coordination with construction plan, land disturbance, site plan, subdivision or building permit approvals, and finds that the plan is consistent with this article.

e.

For flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed:

1.

The director establishes that location of the facility within the RPA is the optimum location;

2.

The size of the facility is the minimum necessary to provide necessary flood control or stormwater treatment, or both;

3.

The facility is consistent with a stormwater management program that has been approved by the State Water Control Board as a phase I modification to the county's program;

4.

All applicable permits for construction in state or federal waters have been obtained from the appropriate state and federal agencies;

5.

Approval has been received from the director prior to construction; and

6.

Maintenance agreements in a form and with content acceptable to the director have been executed, to allow the county to perform routine maintenance on such facilities to assure that they continue to function as designed. This subsection shall not be construed to allow a best management practice to be located within the RPA that collects and treats runoff from only an individual lot or portion thereof.

f.

A WQIA shall be required for any proposed development or redevelopment or land disturbance within RPAs and any development within the RMA that involves more than fifty (50) acres or that results in sixty (60) percent or more impervious cover on the lot or parcel being developed.

(c)

General Performance Standards for Development and Redevelopment.

(1)

Land disturbance shall be limited to the area necessary to provide for the proposed use or development.

a.

In accordance with an approved Plan of Development, the limits of land disturbance, including clearing or grading shall be strictly defined. These limits shall be clearly shown on submitted plans and physically marked on the development site.

(2)

Indigenous vegetation shall be preserved to the maximum extent practical consistent with the proposed use or development proposed by an approved Plan of Development.

a.

Existing trees shall be preserved outside the construction footprint. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed.

b.

Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline of any tree or stand of trees to be preserved, unless otherwise approved on the Plan of Development. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.

(3)

Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the proposed use or development permitted.

a.

Grid and modular pavements which promote infiltration should be used for any required parking area, alley, or other low traffic driveway.

b.

Parking areas and driveways shall be designed so as to minimize impervious surfaces.

(4)

Notwithstanding any other provisions of this Article or exceptions or exemptions thereto, any land disturbing activity exceeding two thousand five hundred (2,500) square feet including construction of all single-family houses, septic tanks and drain fields, shall comply with the requirements of Essex County Erosion and Sediment Control Ordinance.

(5)

All sewage disposal systems, except those requiring a Virginia Pollutant Discharge Elimination System permit, shall comply with the following:

a.

Systems shall be pumped out at least once every five years, unless the owner submits documentation, certified by a sewage handler permitted by the Virginia Department of Health, that the septic system has been inspected, is functioning properly, and the tank does not need to have the effluent pumped out of it. As an alternative to the mandatory pump-out or documentation, a plastic filter approved by the health department may be installed and maintained in the outflow pipe from the septic tank to filter solid material from the effluent. Such a filter shall satisfy standards established in the sewage handling and disposal regulations administered by the Virginia Department of Health.

b.

A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided on each lot or parcel proposed for new construction. This reserve sewage disposal site requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, if the lot or parcel, as determined by the local health department, is not sufficient in capacity to accommodate a reserve sewage disposal site.

c.

Building or construction of any impervious surface shall be prohibited on the area of all sewage disposal sites until the development is served by public sewer or an on-site sewage treatment system that operates under a permit issued by the state water control board.

(6)

Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits or other permits required by Federal, State, and local laws and regulations shall be obtained and evidence of such submitted to the Zoning Administrator, in accordance with Section 36.273, of this Article.

(7)

Land upon which agricultural activities are being conducted, including but not limited to crop production, pasture, and dairy and feedlot operations, or lands otherwise defined as agricultural land by the local government, shall have a soil and water quality conservation assessment conducted that evaluates the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management, and management of pesticides, and, where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is being accomplished consistent with the Act and this chapter.

a.

Recommendations for additional conservation practices need address only those conservation issues applicable to the tract or field being assessed. Any soil and water quality conservation practices that are recommended as a result of such an assessment and are subsequently implemented with financial assistance from federal or state cost-share programs must be designed, consistent with cost-share practice standards effective in January 1999 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service or the June 2000 edition of the "Virginia Agricultural BMP Manual" of the Virginia Department of Conservation and Recreation, respectively. Unless otherwise specified in this section, general standards pertaining to the various agricultural conservation practices being assessed shall be as follows:

1.

For erosion and sediment control recommendations, the goal shall be, where feasible, to prevent erosion from exceeding the soil loss tolerance level, referred to as "T," as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. However, in no case shall erosion exceed the soil loss consistent with an Alternative Conservation System, referred to as an "ACS", as defined in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service.

2.

For nutrient management, whenever nutrient management plans are developed, the operator or landowner must provide soil test information, consistent with the Virginia Nutrient Management Training and Certification Regulations (4VAC50-85).

3.

For pest chemical control, referrals shall be made to the local cooperative extension agent or an Integrated Pest Management Specialist of the Virginia Cooperative Extension Service. Recommendations shall include copies of applicable information from the "Virginia Pest Management Guide" or other Extension materials related to pest control.

b.

A higher priority shall be placed on conducting assessments of agricultural fields and tracts adjacent to Resource Protection Areas. However, if the landowner or operator of such a tract also has Resource Management Area fields or tracts in his operation, the assessment for that landowner or operator may be conducted for all fields or tracts in the operation. When such an expanded assessment is completed, priority must return to Resource Protection Area fields and tracts.

c.

The findings and recommendations of such assessments and any resulting soil and water quality conservation plans will be submitted to the local Soil and Water Conservation District Board, which will be the plan-approving authority.

(d)

Buffer Area Requirements.

(1)

To minimize the adverse effects of human activities on the other components of RPAs, State waters, and aquatic life, a 100-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering non-point source pollution from runoff shall be retained if present and established during development where it does not exist.

(2)

When replanting is required to establish a buffer, a combination of trees, groundcover, and shrubs with a demonstrated ability to improve water quality shall meet the intent of the buffer area.

(3)

The buffer area shall be located adjacent to and landward of other RPA components and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the RPA, in accordance with Sections 36.267 (Areas of Applicability) and 36.273 (Plan of Development) of this Article.

(4)

The 100-foot buffer area shall be deemed to achieve a seventy-five (75) percent reduction of sediments and a forty (40) percent reduction of nutrients.

(5)

Where land uses such as agriculture or silviculture within the area of the buffer cease and the lands are proposed to be converted to other uses, the full 100-foot buffer shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer function set forth in this chapter, subject to approval by the Zoning Administrator.

(6)

The buffer area shall be maintained to meet the following additional performance standards:

a.

In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only subject to approval by the Zoning Administrator, to provide for reasonable sight lines, access paths, general wood lot management, and best management practices, as follows:

1.

Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering non-point source pollution from runoff.

2.

Any path shall be constructed and surfaced so as to effectively control erosion.

3.

Dead, diseased, or dying trees or shrubbery may be removed and thinning of trees allowed pursuant to sound horticultural practice incorporated into locally adopted standards.

4.

For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.

b.

When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the Zoning Administrator may through an administrative process permit encroachment into the buffer area in accordance with Section 36.273 (Plan of Development) and the following criteria:

1.

Encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities;

2.

Where practical, vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment and is equal to the area encroaching the buffer area shall be established elsewhere on the lot or parcel; and

3.

In no case shall the reduced portion of the buffer area be less than fifty (50) feet in width and the encroachment may not extend into the seaward fifty (50) feet of the buffer area.

c.

When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989, and March 1, 2002, encroachments into the buffer area may be allowed through an administrative process in accordance with the following criteria:

1.

The lot or parcel was created as a result of a legal process conducted in conformity with the local government's subdivision regulations;

2.

Conditions or mitigation measures imposed through a previously approved exception shall be met;

3.

If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained as required; and

4.

The criteria in subdivision 4a of this section shall be met.

d.

On agricultural lands the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measures taken to prevent noxious weeds (such as Johnson grass, kudzu, and multiflora rose) from invading the buffer area. Agricultural activities may encroach into the buffer as follows:

1.

Agricultural activities may encroach into the landward fifty (50) feet of the 100-foot wide buffer area when at least one (1) agricultural best management practice which, in the opinion of the local soil and water conservation district board, addresses the more predominant water quality issue on the adjacent land, erosion control or nutrient management, is being implemented on the adjacent land, provided that the combination of the undisturbed buffer and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the 100-foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil tests, must be developed consistent with the Virginia Nutrient Training and Certification Regulations (4 VAC 5-15) administered by the Virginia Department of Conservation and Recreation.

2.

Agriculture activities may encroach within the landward seventy-five (75) feet of the 100-foot wide buffer area when agricultural best management practices which address erosion control, nutrient management, and pest chemical control, are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T," as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. A nutrient Management Training and Certification Regulations (4 VAC 5-15) administered by the Virginia Department of Conservation and Recreation. In conjunction with the remaining buffer area, this collection of best management practices shall be presumed to achieve water quality protection at least the equivalent of that provided by the 100-foot wide buffer area.

3.

The buffer area is not required to be designated adjacent to agricultural drainage ditches if at least one (1) best management practice which, in the opinion of the local soil and Water Conservation District board, addresses the more predominant water quality issue on the adjacent land, either erosion control or nutrient management, is being implemented on the adjacent land.

4.

If specific problems are identified pertaining to agricultural activities that are causing pollution of the nearby water body with perennial flow or violate performance standards pertaining to the vegetated buffer area, the local government, in cooperation with soil and water conservation district, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite environmental protection while taking into account the seasons and other temporal considerations so that the probability for successfully implementing the corrective measures is greatest.

5.

In cases where the landowner or his agent or operator has refused assistance from the local Soil and Water Conservation District in complying with or documenting compliance with the agricultural requirements of this chapter, the District shall report the noncompliance to the local government. The local government shall require the landowner to correct the problems within a specified period of time not to exceed 18 months from their initial notification of the deficiencies to the landowner. The local government, in cooperation with the district, shall recommend a compliance schedule to the landowner. This schedule shall expedite environmental protection while taking into account the seasons and other temporal considerations so that the probability for successfully implementing the corrective measures is greatest.

(a)

Purpose and Intent.

(1)

The purpose of the WQIA is to: (i) identify the impacts of proposed development on water quality and lands with RPAs and other environmentally-sensitive lands; (ii) ensure that, where development 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; (iii) to protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high ground water, erosion, or vulnerability to flood and storm damage; and (iv) specify mitigation which will address water quality protection.

(b)

WQIA Required.

(1)

A WQIA is required for any proposed development or redevelopment within an RPA, including any buffer area encroachment as provided for in Section 36.271 of this Article, and in any development in the RMA if:

a.

The proposed development exceeds fifty (50) acres; or

b.

The proposed development results in more than sixty (60) percent impervious cover on the lot or parcel being developed.

(2)

There shall be two (2) levels of WQIAs: a minor assessment and a major assessment.

a.

Minor WQIA. A minor WQIA pertains only to development with CBPAs which causes no more than five thousand (5,000) square feet of land disturbance and/or proposes encroachment into of the landward fifty (50) feet of the 100-foot buffer area as permitted under this section. A minor assessment must demonstrate that the undisturbed buffer area and necessary best management practices will result in removal of no less than seventy-five (75) percent of sediments and forty (40) percent of nutrients from post-development stormwater runoff. A minor assessment shall include a site drawing to scale which shows the following:

1.

Location of the components of the RPA, including the 100-foot buffer area;

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 drain field 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.

Re-vegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, and erosion and runoff control.

b.

Major WQIA Assessment. A major WQIA shall be required for any development that:

1.

Exceeds five thousand (5,000) square feet of land disturbance within CPBAs and proposes any modification or encroachment into the landward fifty (50) feet of the 100-foot buffer area;

2.

Disturbs any portion of any other component of an RPA or disturbs any portion of the buffer area within fifty (50) feet of any other component of an RPA; or

3.

Is located in an RMA and is deemed necessary by the Zoning Administrator.

(3)

The information required in this section shall be considered a minimum, unless the Zoning Administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land.

(4)

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 WQIA, as specified in Section 36.272(2);

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:

i.

Disturbance or destruction of wetlands and justification for such action;

ii.

Disruptions or reductions in the supply of water to wetlands, streams, lakes, rivers, or other water bodies;

iii.

Disruption to existing hydrology including wetland and stream circulation patterns;

iv.

Source location and description of proposed fill material;

v.

Location of dredge material and location of dumping area for such material;

vi.

Estimation of pre- and post-development pollutant loads in runoff;

vii.

Estimation of percent increase in impervious surface on site and type(s) of surfacing materials used;

viii.

Percent of site to be cleared for project;

ix.

Anticipated duration and phasing schedule of construction project;

x.

Listing of all requisite permits from all applicable agencies necessary to develop project.

4.

Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigation measures include:

i.

Proposed erosion and sediment control concepts; 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;

ii.

Proposed stormwater management system;

iii.

Creation of wetlands to replace those lost;

iv.

Minimizing cut and fill.

c.

Landscape and clearing elements that:

1.

Identify and delineate the location of all significant plant material, including all trees on site six (6) inches or greater diameter at breast height. Where there are groups of trees, stands may be outlined.

2.

Describe the impact the development or use will have on the existing vegetation. Information should include:

i.

General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities;

ii.

Clear delineation of all trees which will be removed;

iii.

Description of plant species to be disturbed or removed.

3.

Describes the potential measures for mitigation. Possible mitigation measures include:

i.

Replanting schedule for trees and other significant vegetation removed for construction, including a list of possible plants and trees to be used;

ii.

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.

iii.

Demonstration that indigenous plants are to be used to the greatest extent possible.

(5)

Submission and Review Requirements.

a.

Five (5) copies of all site drawings and other applicable information as required by Subsection (b)(2) above shall be submitted to the Zoning Administrator for review.

b.

All information required in this section shall be certified as compete and accurate by a professional engineer or a certified land surveyor.

c.

A minor WQIA shall be prepared and submitted to and reviewed by the Zoning Administrator in conjunction with Section 36.273, (Plan of Development) of this Article.

d.

A major WQIA shall be prepared and submitted to and reviewed by the Zoning Administrator in conjunction with Section 36.273, (Plan of Development) of this Article.

e.

As part of any major WQIA submittal, the Zoning Administrator may require review by the State Water Control Board or its agent. Upon receipt of a major WQIA, the Zoning Administrator will determine if such review is warranted. Any comments by State Water Control Board or agent will be incorporated into the final review by the Zoning Administrator provided that such comments are provided within 90 days of the request.

(6)

Evaluation Procedure.

a.

Upon competed review of a minor WQIA, the Zoning Administrator will determine if any proposed encroachment into the buffer area is consistent with the provisions of this Article and make a finding based upon the following criteria in conjunction with Section 36.273:

1.

The necessity of the proposed encroachment and the ability to place improvements elsewhere on the site to avoid disturbance of the buffer area;

2.

Impervious surface is minimized;

3.

Proposed best management practices, where required, achieve the requisite reductions in pollutant loadings;

4.

The development, as proposed, meets the purpose and intent of the Article;

5.

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.

b.

Upon the completed review of a major WQIA, the Zoning 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 Section 36.273:

1.

Within any RPA, the proposed development or redevelopment is water-dependent;

2.

The disturbance of wetlands will be minimized;

3.

The development will not result in significant disruption of the hydrology of the site;

4.

The development will not result in significant degradation to aquatic vegetation or life;

5.

The development will not result in unnecessary destruction of plant materials on site;

6.

Proposed erosion and sediment control concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation;

7.

Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve the required standard for pollutants control;

8.

Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits;

9.

The design and location of any proposed drain field will be in accordance with the requirements of Section 36.271, and the Essex County Zoning and Subdivision Ordinance;

10.

The development, as proposed, is consistent with the purpose and intent of the Overlay District;

11.

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 significant degradation of water quality.

c.

The Zoning Administrator shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the Zoning Administrator based on the criteria listed above in subsections a. and b.

d.

The Zoning Administrator shall find the proposal to be inconsistent with the purpose and intent of this Article when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the Zoning Administrator based on the criteria listed in subsections (b)(6)a. and b.

(a)

Purpose and Intent.

(1)

This section is enacted to ensure compliance with this Ordinance and all applicable ordinances and regulations to protect and enhance the values of the natural environment in Essex 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.

(b)

Applicability.

(1)

Any development or redevelopment exceeding two thousand five hundred (2,500) square feet of land disturbance in the CBPA shall be accomplished through a plan of development processes prior to any development activities or site work such as clearing or grading of the site or the issuance of any building permit, to ensure compliance with all applicable requirements of this Article unless otherwise provided for.

(2)

Pre-Application Conference. Prior to submitting a Plan of Development, the applicant should schedule a pre-application conference with the Administrator. Sketched plans may be submitted prior to or on the conference date. Due to the existing site conditions, the Administrator may waive certain requirements of the plan of development process.

(c)

Required Information. In addition to the requirements of the underlying Zoning and Subdivision Ordinance and any other related ordinances, regulations, or laws, the plan of development process shall consist of the plans and studies identified below. These required plans or studies may be coordinated or combined, as deemed appropriate by the Zoning Administrator. The Zoning Administrator may determine that some of the following information is unnecessary due to the scope and nature of the proposed development.

(1)

The following plans or studies shall be submitted, unless otherwise provided for:

a.

A site plan in accordance with the provisions of this Article and Article III, Division 7 and/or a subdivision plat in accordance with the provisions of the Essex County Subdivision Article of this Ordinance;

b.

An environmental site assessment;

c.

A landscape and clearing plan;

d.

A stormwater management plan;

e.

An erosion and sediment control plan in accordance with the provisions of the Erosion and Sediment Control Ordinance of Essex County.

(d)

Environmental Site Assessment. An environmental site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval applications. The Administrator may waive the requirements of the environmental site assessment provided no part of the lot or parcel being developed is within the RPA boundaries, as determined by the County. If the developer disagrees with the determination of RPA boundaries by the County, they shall submit an environmental site assessment to establish boundaries.

(1)

The environmental site assessment shall be drawn to scale and clearly delineate the following environmental features:

a.

Tidal wetlands;

b.

Tidal shore;

c.

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

d.

A 100-foot buffer area located adjacent to and landward of the components listed in subsection (d)(1) above, and along both sides of any water body with perennial flow.

(2)

Wetland's delineations shall be performed consistent with the procedures specified in the Federal Manual for identifying and Delineating Jurisdictional Wetlands, applicable at the time.

(3)

The environmental site assessment shall delineate the site-specific geographic extent of the RPA.

(4)

The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat, and shall be certified as complete and accurate by a professional engineer, a soil scientist, a wetlands scientist, a certified land surveyor, a certified landscape architect, or a person or firm competent to make the assessment.

(e)

Landscape and Clearing Plan. A landscape and clearing plan shall be submitted in conjunction with site plan approval or as part of subdivision plan approval. The Administrator may waive the requirements of the landscape and clearing plan if the proposed clearing and/or grading is less than ten thousand (10,000) feet. Landscape and clearing plans shall be prepared and/or certified by a certified professional or person, firm or corporation, competent to design such plans. The plan shall comply with the requirements of Article VII, Division 4 of this Ordinance and:

(1)

Contents of the plan.

a.

The landscape and clearing 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 (6) inches or greater diameter at breast height (DBH) shall be shown on the landscape and clearing plan. Where there are groups of trees, wood lines of the group may be outlined instead. The specific number of trees six (6) inches or greater DBH to be preserved outside of the impervious cover and outside the groups shall be indicated on the plan. Trees proposed to be removed and wood lines to be changed to create a desired impervious cover shall be clearly delineated on the landscape and clearing plan.

b.

Any required RPA buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this Article, shall be shown on the landscape and clearing plan.

c.

Within the buffer area, trees to be removed for sight lines, vistas, access paths, and best management practices, as provided for in this Article, shall be shown on the plan. Vegetation required by this Article to replace any existing trees within the buffer area shall also be shown on the landscape and clearing plan.

d.

Trees to be removed for shoreline stabilization projects and any replacement vegetation required by this Article shall be shown on the landscape plan.

e.

The landscape and clearing plan will include specifications for the protection of existing trees during clearing, grading, and all phases of construction.

(2)

Plant Specifications.

a.

All plant material necessary to supplement the RPA buffer area or vegetated areas outside the impervious cover shall be installed according to standard planting practices and procedures.

b.

All supplementary or replacement plant materials shall be living and in healthy condition.

c.

Where areas to be preserved, as designated on an approved landscape and clearing plan, are encroached, replacement of existing trees and other vegetation will be achieved at a ratio of two (2) planted trees to one (1) removed. Replacement trees shall be a minimum of two and one-half (2.5) inches DBH at the time of planting.

(3)

Maintenance.

a.

The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this Article.

b.

In buffer areas and areas outside the impervious cover, 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 Article.

(f)

Stormwater Management Plan. A stormwater management plan shall be submitted as part of the plan of development process required by this Article and in conjunction with site plan or subdivision plan approval.

(1)

The Administrator may waive the requirements of the stormwater management plan when development is for single-family residence, or addition to existing homes, or utility buildings, garages, and other structures accessory to single-family residences, and agriculture structures, on a lot or parcel one (1) acre or larger in size.

(2)

Contents of Plan. The stormwater management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions, explanations, and citations to supporting references as appropriate to communicate the information required by this Article. At a minimum, the stormwater management plan must contain the following:

a.

Location and design of all planned stormwater control devices;

b.

Procedures for implementing non-structural stormwater control practices and techniques;

c.

Pre- and post-development non-point source pollutant loadings with supporting documentation of all utilized coefficients and calculations;

d.

For facilities, verification of structural soundness, including a Professional Engineer or Class III-B Surveyor Certification.

(3)

Site-specific facilities shall be designed for the ultimate development of the contributing watershed based on zoning, comprehensive plans, local public facility master plans, or other similar planning documents.

(4)

All engineering calculations must be performed in accordance with procedures outline in the current edition of the Virginia Stormwater Management Manual.

(5)

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 Essex County, then a maintenance agreement shall be executed between the responsible party and Essex County.

(g)

Erosion and Sediment Control Plan. An erosion and sediment control plan shall be submitted that satisfies the requirements of this Article and in accordance with the Erosion and Sediment Control Ordinance of Essex County, in conjunction with site plan or subdivision plan approval.

(1)

Final Plan. Final plans for property within CBPAs shall be final plats for land to be subdivided and/or site plans for land not to be subdivided as required by this Ordinance.

(2)

Final plans for all lands within CBPAs shall include the following additional information:

a.

The delineation of the RPA boundary; if any lot, parcel, or portion of lot or parcel, lies within the RPA;

b.

The delineation of required buffer areas; if any lot, parcel, or portion of lot or parcel, lies within the RPA;

c.

All wetlands permits required by law;

d.

A maintenance agreement as deemed necessary and appropriate by the Zoning Administrator to ensure proper maintenance of best management practices in order to continue their functions;

e.

WQIA as required by Section 36.272 of this Article.

(3)

Installation and Bonding Requirements.

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 site 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 Essex County a form of surety satisfactory to the Zoning 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 for a certificate of occupancy or the surety may be forfeited to Essex County.

d.

All required stormwater management facilities or other specifications shall be installed and approved within eighteen (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 Essex County. Essex County may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of 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 Zoning Administrator, such unexpended or portion of the surety held shall be refunded to the applicant or terminated within sixty (60) days following the receipt of the applicant's request for final inspection. The Zoning Administrator may require a certificate of substantial completion from a Professional Engineer or Class III-B Surveyor before making a final inspection.

(h)

Administrative Responsibility. Administration of the plan of development process shall be in accordance with this Ordinance.

(i)

Denial of Plan, Appeal of Conditions or Modifications. In the event the final plan or any component of the plan of development process is disapproved and recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal the decision of the Zoning Administrator to the Board of Zoning Appeals. In granting an appeal, the Board of Zoning Appeals 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 Article. If the Board of Zoning Appeals finds that the applicant's plan does not meet the above-stated criteria, they shall deny approval of the plan.

Nonconforming Use and Waivers.

(1)

Nonconforming Building and Structures. The lawful use of a building or structure which existed on October 22, 1991, or which exists at the time for any amendment to this Article, and which is not in conformity with the provisions of the Overlay District, may be continued in accordance with Article VIII, Nonconformities, of the Essex County Zoning and Subdivision Ordinance.

(a)

Exemptions for Public Utilities, Railroads, Public Roads, and Facilities. Construction, installation, operation, and maintenance of electric, natural gas, and telephone transmission lines, Cable TV, railroads, and public roads and their appurtenant structures in accordance with:

(1)

Regulations promulgated pursuant to the Erosion and Sediment Control Law (Regulation 9VAC25-840-10 et seq.) and the Stormwater Management Act (Regulation 9VAC25-870-10 et seq.);

(2)

An erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Environmental Quality; or

(3)

Local water quality protection criteria at least as stringent as the above state requirements are deemed to comply with this Article. The exemption of public roads is further conditioned on the following:

a.

The road alignment and design has been optimized, consistent with all applicable requirements, to prevent or otherwise minimize the encroachment in the RPA and to minimize the adverse effects on water quality.

(b)

Exemptions for Local Utilities and other service lines. Construction, installation, and maintenance of water, sewer, natural gas, underground telecommunications and cable television lines owned, permitted or both, by an Essex County or a regional service authority shall be exempt from the Overlay District provided that:

(1)

To the degree possible, the location of such utilities and facilities should be outside RPAs;

(2)

No more land shall be disturbed than is necessary to provide for the proposed utility installation;

(3)

All such construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable State and Federal requirements and permits and designed and conducted in a manner that protects water quality; and

(4)

Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with the requirements for the Essex County Erosion and Sediment Control Ordinance.

(c)

Exemptions in RPAs. The following land disturbances in RPAs may be exempted from the Overlay District: (i) water wells; (ii) passive recreation facilities such as boardwalks, trails, and pathways; and (iii) historic preservation and archaeological activities, provided that it is demonstrated to the satisfaction of the Zoning Administrator that:

(1)

Any required permits, except those to which this exemption specifically applies, shall have been issued;

(2)

Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality;

(3)

The intended use does not conflict with nearby planned or approved uses; and

(4)

Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with all Essex County Erosion and Sediment Control requirements.

(d)

Exemptions from RMAs. An applicant may apply to have his property made exempt from the requirements of the RMA. An environmental site assessment, meeting all of the criteria in (d)(2) below, along with a study indicating the location, concentration or absence physical characteristics must be submitted to the Administrator.

(1)

A study indicating the location, concentration or absence of the following RMA physical characteristics must be submitted to the Administrator:

a.

Highly erodible soils;

b.

Steep slopes greater than twenty-five (25) percent;

c.

Highly permeable soils;

d.

Nontidal wetlands not included in the RPA;

e.

Floodplains.

(2)

The Administrator may approve an exemption after finding, upon review of the environmental site assessment, that:

a.

There is no RPA, as established by Section 36.267(a)(1) of this Ordinance, located on or within five hundred (500) feet of any portion of the lot or parcel;

b.

There is no RMA Component, as established by Section 36.267(a)(2) of this Ordinance, located on any portion of the lot or parcel;

c.

An environmental site assessment, as established by Section 36.273(d) of this Ordinance which accurately demonstrates the absence of RMA components, is submitted and approved by the Administrator;

d.

The environmental site assessment is prepared by a qualified soil scientist and wetland scientist, or any person who is determined to be qualified by the Administrator; and

(3)

Upon approval of an exemption, the applicant shall cause a plat depicting the areas approved for exemption to be recorded among the land records in the Circuit Court Clerk's Office of Essex County, Virginia, prior to the issuance of any permits that would otherwise be unlawful in the RMA.

(e)

Exemptions for silviculture activities. Silvicultural activities are exempt from the requirements of the Article provided that silvicultural operations adhere to water quality protection procedures prescribed by the Department of Forestry in its edition of "Forestry Best Management Practices for Water Quality in Virginia." The Virginia Department of Forestry will oversee and document installation of best management practices and will monitor impacts of forestry operations in Chesapeake Bay Preservation Areas.

Exceptions Affecting RPA. Any exception or variance to the requirements those exceptions dealing with RPA issues, shall be reviewed and considered by the Board of Zoning Appeals of Essex County. The request for an exception shall identify the impacts of the proposed exception on water quality and on lands within the RPA through the performance of a WQIA which complies with Section 36.272.

The height limitations of this Ordinance shall not apply to:

(1)

Belfries.

(2)

Chimneys.

(3)

Church spires.

(4)

Conveyors.

(5)

Cooling towers.

(6)

Elevator bulkheads.

(7)

Fire towers.

(8)

Water towers and standpipes.

(9)

Flag poles.

(10)

Public monuments.

(11)

Ornamental towers and spires, domes, cupolas.

(12)

Commercial radio and television towers less than one hundred twenty-five (125) feet in height.

(13)

Silos and grain driers; tanks.

(14)

Smoke stacks.

(15)

Stage towers or scenery lofts.

(16)

Fire and parapet walls extending no more than four feet above the roof.

(a)

Except as provided herein, any physical element that is attached to a principal structure must meet the minimum setback standards of the district.

(b)

The following structures shall be permitted to encroach into any yard, including front yards, provided applicable sight distance and fire safety requirements are met and maintained, and provided the following requirements are met:

(1)

Fences pursuant to Article VII, Division 4.

(2)

Ground level terraces, patios or decks not over 30 inches high which do not include a permanently roofed-over terrace or porch.

(3)

Awnings or canopies provided they do not project more than eight feet from the existing building face.

(4)

Bay windows and overhanging eaves or gutters projecting no more than three feet into the yard.

(5)

Arbors and trellises not exceeding ten feet in height, provided that such structures do not reduce the width of the yard to less than three feet.

(6)

Flagpoles not to exceed 25 feet in height.

(7)

Recreational playground equipment, as defined herein, provided that such equipment does not reduce the width of the yard to less than ten feet.

(8)

Heat pumps or central air conditioning units, except in the R-4 district, may project to a distance not to exceed 5 feet into a required side yard.