Purpose. The purpose of this section is to identify, establish, and regulate River and Stream Corridor Resources in order to:

• Protect natural ecosystems, restore water quality, serve Loudoun’s population, and support the built environment through healthy surface and groundwater resources; 
• Maintain a healthy river and stream corridor ecosystem that promotes desired water quality standards, prevents soil erosion and flooding, and supports biological diversity;
• Promote river and stream health through streambank/streambed stability, temperature moderation, nutrient removal, sediment removal, flood control, and sustained aquatic habitat and food resources;
• Protect and improve stream quality and watershed health by decreasing the amount of stormwater runoff and pollutants from reaching local waters;
• Protect and enhance impaired streams and their tributaries to improve water quality and provide ecological benefits while also providing opportunities for passive recreation;
• Protect rivers and public drinking water reservoirs to ensure a clean, safe, and adequate supply of drinking water; and
• Conserve and protect wildlife habitats, wildlife travel corridors, and access to streams and water sources through the preservation of natural resources, such as native vegetation, forest cover, woodlands, floodplains, streams and stream corridors, wetlands, and undeveloped steep slopes and defined associated areas.

1. A.

   Applicability.

   1. 1.
      Areas of Applicability. River and Stream Corridor Resources (RSCR) applies to the full width of the Resource Area Width, which is composed of applicable Floodplain Overlay District and Steep Slope Areas, and the applicable RSCR Buffer Area, as determined in accordance with Section 6.01.C. Refer to Figure 6.01-1.
   2. 2.

      Uses or Activities Not Subject to Section 6.01. Covered Activities are subject to Section 6.01. Exception. Bona Fide Agriculture (not including any structure) pursuant to Section 4.08.01 is not subject to Section 6.01.

Figure 6.01-1 River and Stream Corridor Resources

2. B.

   Uses and Activities.  Covered Activities allowed within the RSCR Buffer Area are provided under Section 6.03.  

   1. 1.
      Exception for Single Dwelling Unit on Existing Legal Lot.  On any legal lot existing as of the adoption date of this Zoning Ordinance, up to 1 single-family dwelling and an accessory unpaved or permeable surfaced and maintained driveway or parking area, and/or detached garage are permitted within the RSCR Buffer Area, pursuant to Section 6.04. Such exception does not apply to the conversion of such dwelling to any other use.
   2. 2.
      Existing Structures. Existing structures within the RSCR Buffer Area are not considered nonconforming, however, additions must not increase the total footprint of the structure by more than 25% and are subject to Section 6.04. If destroyed by fire or casualty, any such structures may be rebuilt to the same footprint, subject to Section 6.04. 
3. C.

   Determining the Width of the RSCR. The RSCR must be provided in accordance with Table 6.01-1. Unless a property is located entirely within RSCR, any RSCR Buffer Area located beyond the applicable minimum width of the RSCR in Table 6.01-1 may be reduced in accordance with the following:

   1. 1.
      By providing an area(s) of revegetation elsewhere on the same property that is equivalent in size to the area that the RSCR Buffer Area is reduced by and contiguous to an existing naturally vegetated area; or 
   2. 2.
      By retaining an existing forested area(s) elsewhere on the same property that is outside of and adjacent to the RSCR Buffer Area in a Tree Conservation Area consistent with the FSM subject to approval by the Zoning Administrator. 

4. D.
   Approval of Limited Uses in the RSCR Buffer Area​​​​​. The Zoning Administrator may permit the following uses in any RSCR Buffer Area located beyond the applicable minimum width of the RSCR in Table 6.01-1, subject to any applicable standards under Section 6.04:

   1. 1.
      Bus stations or Transit or bus shelter structures requiring 1,000 square feet of land disturbance or less;
   2. 2.

      A structure accessory to a principal use or activity permitted in the RSCR Buffer Area under Table 6.03-1; and

   3. 3.

      Parking for publicly accessible trails or publicly accessible Passive Recreation or publicly accessible Community Open Space.

5. E.
   Development and Land Disturbance Standards.  Covered activities allowed within Adjacent Steep Slopes and/or the RSCR Buffer Area are subject to Section 6.04. The permanent or temporary diversion of any Scenic River is prohibited, except as required for any public utility or for any road crossing identified in the Countywide Transportation Plan.
6. F.
   Additional RSCR Specific Procedures. Additional RSCR specific procedures are provided under Section 10.01.F.3. 

    

    

Effective on: 1/1/1901

Purpose. The purpose of these regulations for Steep Slope Areas is to limit land disturbing activities on naturally occurring very steep slope areas greater than 25% and to establish performance standards for development on steep slope areas of 15% or greater, in order to promote the following:

• Undertake development in a manner that will protect life and property from hazards due to slope, unstable and erodible soils, earth movement, and other geologic and hydrologic hazards;
• Reduce potential for increased erosion, sedimentation, and surface runoff, and the resulting adverse impacts on water quality;
• Promote a safe means of ingress and egress for vehicular and pedestrian traffic in sloped areas;
• Preserve the visual quality of steep slope areas, which are a valuable natural and economic resource; and
• Encourage innovative and imaginative building techniques to create structures and Site Plans that are suited to sloped terrain.

1. A.

   Applicability. Covered Activities within Steep Slope Areas are subject to Section 6.02. Exception. Bona Fide Agriculture (not including any structure) pursuant to Section 4.08.01 is not subject to Steep Slope Area Standards.

2. B.

   Establishment of Steep Slope Areas.

   1. 1.
      Identification of Steep Slope Areas. Naturally occurring steep slope areas are classified into 1 of the following 2 categories (refer to Figure 6.02-1):

      1. a.
         Very Steep Slope Areas; and
      2. b.
         Moderately Steep Slope Areas. 

Figure 6.02-1. Steep Slopes

Figure 6.02-1. Steep Slopes

Figure 6.02-1. Steep Slopes

Figure 6.02-1. Steep Slopes

2.  
   2. 2.
      Minimum Size of Steep Slope Area.

      1. a.
         For the following Zoning Districts and Legacy Zoning Districts under Chapter 2 of this Zoning Ordinance, Section 6.02 does not apply to contiguous steep slope areas that are less than 5,000 square feet in land area or less than 15 feet in width. Where the entire contiguous steep slope area is equal to or greater than 5,000 square feet in land area, but the total very steep slope area is less than 5,000 square feet in land area, the entire contiguous steep slope area is administered as a moderately steep slope area under Section 6.02.

         1. 1.
            Transition Zoning Districts in Section 2.03.
         2. 2.
            Rural Zoning Districts in Section 2.04.
         3. 3.
            Joint Land Management Area Zoning Districts in Section 2.05.
         4. 4.
            The following Legacy Zoning Districts: TR-2 (Section 2.03.05.01), JLMA-20 (Section 2.05.02.01),
            A-3 (Section 2.04.03.02), A-10 (Section 2.04.03.01), and PD-RV (Section 2.04.03.05). 
      2. b.
         For the following Zoning Districts and Legacy Zoning Districts under Chapter 2 of this Zoning Ordinance, Section 6.02 does not apply to contiguous steep slope areas that are less than 10,000 square feet in land area, or less than 15 feet in width. Where the entire contiguous steep slope area is equal to or greater than 10,000 square feet in land area, but the total very steep slope area is less than 10,000 square feet in land area, the entire contiguous steep slope area is administered as a moderately steep slope area under Section 6.02.

         1. 1.
            Urban Zoning Districts in Section 2.01. 
         2. 2.
            Suburban Zoning Districts in Section 2.02.
         3. 3.
            The following Legacy Zoning Districts: PD-H (Section 2.02.05.06), PD-AAAR (Section 2.02.05.10), R-1, R-2, R-3 (Section 2.02.05.01), and PD-CC(RC) (Section 2.02.05.07). 
      3. c.
         For purposes of calculating the total land area of contiguous steep slopes in Sections 6.02.b.2.a and 6.02.b.2.b above, the entire contiguous steep slope area must be included, regardless of the number of individual lots or different land ownerships involved.
3. C.
   Uses and Activities.

   1. 1.
      General Prohibition on Land Disturbance in Very Steep Slope Areas. Land disturbing activities, including but not limited to clearing, excavation, grading, construction, reconstruction, and investigative land disturbing activities such as test wells, are prohibited in very steep slope areas, except as permitted under Table 6.03.
   2. 2.

      Permitted Uses and Activities. Covered Activities allowed within Steep Slope Areas are provided under Section 6.03. Exception. On any legal lot existing as of June 16, 1993, up to 1 single-family dwelling and an accessory unpaved or permeable surfaced and maintained driveway or parking area, and/or detached garage are permitted within Steep Slope Areas, pursuant to Section 6.04. Such exception does not apply to the conversion of such dwelling to any other use.  

4. D.
   Development and Land Disturbance Standards. Covered activities allowed within steep slope areas are subject to Section 6.04.

    

    

Effective on: 1/1/1901

1. A.

   Uses and Activities. Table 6.03-1 provides the covered activities allowed in Natural and Environmental Resources (NER) and indicates the development standards under Section 6.04 to which such covered activities are subject.

2. B.
   A covered activity indicated in Table 6.03-1 as “P” is administered as follows:

   1. 1.
      Is permitted in NER if such covered activity also is a permitted use in the underlying zoning district and any applicable overlay district and is in conformance with all other applicable regulations of the Zoning Ordinance; and
   2. 2.
      Requires separate Special Exception approval pursuant to Section 10.11 in NER if such covered activity is a Minor Special Exception or Special Exception use in the underlying zoning district or any applicable overlay district and must be in conformance with all other applicable regulations of the Zoning Ordinance.
3. C.
   A covered activity indicated in Table 6.03-1 as "S" requires separate Special Exception approval pursuant to Section 10.11 in NER regardless of whether such covered activity is a permitted, Minor Special Exception, or Special Exception use in the underlying zoning district or any applicable overlay district and must be in conformance with all other applicable regulations of the Zoning Ordinance.
4. D.
   Covered activities not indicated as "P" or "S" in Table 6.03-1 are prohibited in NER. 

Effective on: 1/1/1901

1. A.
   General Development Standards. Covered activities permitted within the River and Stream Corridor Resources (RSCR) Buffer Area, Very Steep Slope Areas, or Moderately Steep Slope Areas must be planned to minimize disturbance to soil geology, hydrology, and environmental features. At a minimum, except for the development of roads shown on the Countywide Transportation Plan, and public water utility drinking water supply reservoirs, including reclaimed quarries, all covered activities on any parcel of land that includes RSCR Buffer Areas or Steep Slope Areas within its boundaries must comply with Table 6.04-1, and Sections 6.04.B and 6.04.C., if applicable.

2. B.

   Additional Use-Specific Standards in Steep Slope Areas (RSCR Adjacent Steep Slopes and Very Steep Slope Areas). In addition to the General Development Standards provided in Table 6.04-1, the below-listed covered activities located in RSCR Adjacent Steep Slopes or Very Steep Slope Areas are subject to the following:

   1. 1.
      Roads, Shared-Use Paths, Driveways, Minor Utilities and Utility Lines Not Associated with Public Water or Public Sewer, Water Lines Serving an Individual Water Supply System, or Septic Lines Serving an Individual Sewage Disposal System:

      1. a.
         All roads, shared-use paths, and driveways must follow natural contour lines to the maximum extent feasible;
      2. b.
         No roads, shared-use paths, driveways, minor utilities and utility lines not associated with public water or public sewer, water lines serving an individual water supply system, or septic lines serving an individual sewage disposal system are permitted to disturb Very Steep Slope Areas with slopes greater than 50%;
      3. c.
         Roads are not permitted to disturb Adjacent Steep Slopes or Very Steep Slope Areas with slopes greater than 25% to 50%, unless no other alternative exists to access a legal lot of record approved prior to June 16, 1993;
      4. d.
         The use of directional drilling for the installation of minor utilities and utility lines not associated with public water or public sewer, water lines serving an individual water supply system, or septic lines serving an individual sewage disposal system through Adjacent Steep Slopes or Very Steep Slope Areas is permitted, in accordance with the following: 

         1. 1.
            Development standards 1, 2, and 3 in Table 6.04-1 do not apply to such directional drilling; and
         2. 2.
            Directional drilling start and end locations must not result in disturbance to Adjacent Steep Slopes or Very Steep Slope Areas; and
      5. e.
         Shared-use paths, driveways, minor utilities and utility lines not associated with public water or public sewer, water lines serving an individual water supply system or septic lines serving an individual sewage disposal system are not permitted to disturb Adjacent Steep Slopes or Very Steep Slope Areas with slopes greater than 25% to 50%. However, a short run of no more than 200 feet or 10% of the entire length of the shared-use path, driveway, minor utility and utility line not associated with public water or public sewer, water line and/or septic line, whichever is greater, is permitted to disturb Adjacent Steep Slopes or Very Steep Slope Areas with slopes greater than 25% to 50%, based on a geotechnical study or findings from a geotechnical professional that:

         1. 1.
            Such shared-use path, driveway, minor utility and utility line not associated with public water or public sewer, water lines and/or septic lines will not have significant adverse visual, environmental, or safety impacts, or appropriate engineering or other measures will be taken by the developer to substantially mitigate any such adverse impact; and
         2. 2.
            No alternative location for such shared-use path, access, minor utility and utility line not associated with public water or public sewer, water line and/or septic line is feasible or available; and
      6. f.
         The use of a private road to provide access to multiple lots in lieu of using separate driveways to provide access to such lots is required to the maximum extent feasible where such private road will minimize or eliminate land disturbance; and
      7. g.
         Shared-use path design must comply with standards in Section 7.07.03.
   2. 2.
      Utility Lines Associated with Public Water or Public Sewer.

      1. a.
         No utility lines associated with public water or public sewer are permitted to disturb Adjacent Steep Slopes or Very Steep Slope Areas with slopes greater than 50%.
      2. b.
         Utility lines associated with public water  must be located within or directly adjacent to the right-of-way of existing or approved roads. The development standards of this section do not apply to such water lines.
      3. c.
         The use of directional drilling to install utility lines associated with public water or public sewer through Adjacent Steep Slopes or Very Steep Slope Areas is permitted in accordance with the following:

         1. 1.
            Development standards 1, 2, and 3 in Table 6.04-1 do not apply to such directional drilling; and 
         2. 2.
            The drilling start and end locations must not result in disturbance to Adjacent Steep Slopes or Very Steep Slope Areas.
      4. d.
         Land disturbing activities in Adjacent Steep Slopes or Very Steep Slope Areas with slopes greater than 25% to 50% must be avoided to the maximum extent feasible when determining the alignment of gravity sanitary sewer and/or water lines.
      5. e.
         For the purpose of these development standards, Adjacent Steep Slopes and Very Steep Slope Areas are to be determined using the best-available site-specific data that has been reviewed and approved by the County.
      6. f.
         Utility lines associated with public water or public sewer are permitted to cross a maximum distance of 200 feet of any 1 contiguous Adjacent Steep Slopes or Very Steep Slope Area through the Zoning Administrator pursuant to Section 10.02 Determination.

         1. 1.
            The Zoning Administrator may approve an increase to this maximum distance of up to an additional 300 feet provided that the longer crossing distance is found to reduce or have minimal impacts to other environmentally sensitive areas (streams, wetlands, riparian buffers, etc.), as demonstrated by applicable information and/or reports/studies requested by the Zoning Administrator, including, but not limited to:

            1. a.
               Geotechnical study;
            2. b.
               Geophysical study;
            3. c.
               Preliminary soils review;
            4. d.
               U.S. Army Corps of Engineers approved wetland delineation;
            5. e.
               Tree cover inventory;
            6. f.
               Phase 1 archeological study; and
            7. g.
               Rare, threatened, and endangered species survey.
         2. 2.
            Minor Special Exception approval pursuant to Section 10.11.02 is required for the following utility lines associated with public water or public sewer crossing of any 1 contiguous Adjacent Steep Slopes or Very Steep Slope Area.

            1. a.
               ​​Proposed crossings that exceed 200 feet where the Zoning Administrator finds that the crossing does not minimize impacts to other environmentally sensitive areas.
            2. b.
               Any proposed ​​​​crossing that exceeds a total of 500 feet.
      7. g.
         If blasting is required for any portion of the utility lines associated with public water or public sewer installation, a blasting plan that describes measures that will be utilized to minimize impacts on environmentally sensitive areas must be provided as part of the grading plan.
      8. h.
         Utility lines associated with public water or public sewer must be aligned in a manner that minimizes disturbance to Adjacent Steep Slopes or Very Steep Slope Areas with existing tree cover.

         1. 1.
            In situations where sanitary sewer lines result in the clearing of vegetative cover other than open grassland/pastureland, the associated construction plans must include reforestation and tree protection in accordance with the FSM for all temporary construction easements.
         2. 2.
            Such reforestation and tree protection must be reviewed and approved by the County Urban Forester.
      9. i.
         Where Adjacent Steep Slopes or Very Steep Slope Areas cannot be avoided, construction methods that minimize easement widths and limits of disturbance must be employed to the maximum extent feasible.
      10. j.
          Prior to approval of grading plans, the public entity responsible for the maintenance and operation of the utility lines associated with public water or public sewer must certify that the grading plan minimizes impacts to Adjacent Steep Slopes or Very Steep Slope Areas and shows practical limits of construction.
      11. k.
          To minimize erosion and sediment control failure associated with sliding debris and the operation of machinery within a confined area, 2 rows of super silt fence must be installed as follows:

          1. 1.
             As a perimeter control on the downslope side of the disturbed area;
          2. 2.
             The inside row may be installed without filter fabric; and
          3. 3.
             The minimum spacing between the rows must be 3 feet to allow for maintenance.
      12. l.
          At a minimum, stabilization of disturbed areas must consist of Treatment 1 as described in Standard and Specification 3.36 (Soil Stabilization Blankets & Matting) in the Virginia Erosion and Sediment Control Handbook. In problem areas, as determined by the Zoning Administrator, Treatment 2 can be required.
   3. 3.
      Limited Land-Disturbing Activity for the Sole Purpose of Surveying and Land Investigation.

      1. a.
         Land disturbing activity for the sole purpose of surveying and land investigation including studies required by the FSM is limited to 5,000 square feet in the aggregate on any property.
      2. b.
         Heavy equipment may be used only when no other less-invasive method is feasible to conduct or undertake such limited land-disturbing activity.
3. C.
   Additional Use-Specific Standards in RSCR Areas (RSCR Buffer Areas or RSCR Adjacent Steep Slopes).

   1. 1.
      Trails. Trails that are proposed within RSCR Buffer Areas or RSCR Adjacent Steep Slopes must meet any applicable guidelines of the LPAT and must be reviewed by and obtain approval from the Department of Parks, Recreation, and Community Services. 
   2. 2.
      Agriculture. Agriculture that is proposed within RSCR Buffer Areas or RSCR Adjacent Steep Slopes must provide agricultural best management practices consistent with the Virginia Department of Conservation and Recreation Agricultural Best Management Practices Cost-Share Program, as reviewed by the Loudoun County Soil and Water Conservation District.

       

       

Effective on: 1/1/1901