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 Mathews County and the Commonwealth of Virginia. The health of the Bay is vital to maintaining Mathews County's economy and the welfare of its citizens. Healthy state and local economies and a healthy Chesapeake Bay are integrally related, and balanced economic development and water quality protection are beneficial to the County and are not mutually exclusive.

The Chesapeake Bay's waters, as well as the Piankatank, North and East Rivers, and Mobjack Bay, 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 Board of Supervisors of Mathews County as the Chesapeake Bay Preservation Area Overlay District, 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 Mathews County and the Commonwealth of Virginia.

Protect existing high quality state waters;

Restore 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;

Safeguard the clean waters of the commonwealth from pollution;

Prevent any increase in pollution;

Reduce existing pollution; and

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

Unless otherwise stated in this article or specifically modified by the requirements of this article, the permitted uses, conditional use, area, bulk, yard, height and other regulations and requirements, including the review and approval processes, applicable within the underlying district(s) and set forth elsewhere in this chapter or in other ordinances of Mathews County shall be applicable to all development, redevelopment and use of land or structures in the Overlay District, provided that sufficient lot area, lot width, setbacks, yards and other spaces shall be provided to enable compliance with all of the requirements of this article.

In any case where the requirements of this article conflict with any other provision of this chapter or other applicable regulation or requirement, whichever imposes the more stringent restrictions shall apply.

The Overlay District shall include all lands described in this section as lying within either the resource protection area (RPA) or the resource management area (RMA). The Overlay District and its RPA and RMA components are delineated on the map entitled "Mathews County Chesapeake Bay Preservation Area Map" dated September 7, 1993, and which is hereby adopted by reference and declared to be part of this article. As noted in § 175-22.8, the actual boundaries of a resource protection area shall be determined on a case-by-case basis.

The resource protection area shall consist of the following components:

The resource management area shown on the Chesapeake Bay Preservation Area Map includes the land types listed below and certain land areas entirely surrounded by such land types which, if improperly used or developed, have a potential for causing significant water quality degradation or for diminishing the functional value of the resource protection area. The listed land types are included within the RMA to the extent they lie contiguous to the inland boundary of the resource protection area:

For purposes of delineating the boundaries of the RMA, land areas consisting of less than five acres entirely surrounded by any of the land types identified in Subsection C above are shown on the Chesapeake Bay Preservation Area Map as lying within the RMA. In any case where it can be shown to the satisfaction of the Administrator in accordance with provisions of §§ 175-22.36 and 22.37 of this article that any such land area does not contain any of the land types identified in Subsection C above, the Administrator shall exempt such land area from the requirements of this article.

On lands where none of the land types listed in Subsection C of this section lie contiguous to the inland boundary of the RPA, or where those land types are less than a total of 150 feet in width, the RMA shall consist of an area 150 feet in width located contiguous to and landward of the RPA. The RMA shall never be less than 150 feet in width landward of the inland boundary of the RPA.

The boundaries of the RPA shown on the Mathews County Chesapeake Bay Preservation Area Map shall be construed as approximate due to the scale of such map and the nature of the information used in establishing such boundaries. The boundaries of the RPA shall be interpreted on a site-specific basis based on the submission of a water quality impact assessment as required under § 175-22.10K or through the review of an environmental site assessment as required in § 175-22.8D below.

The Mathews County Chesapeake Bay Preservation Area Map should be consulted by persons contemplating development activity prior to seeking necessary permits for such activities or engaging in an activity regulated by the provisions of this article.

The applicant shall be required to submit an environmental site assessment as provided in §§ 175-22.36 through 175-22.38 of this article. The environmental site assessment shall, subject to review and approval by the Administrator and any adjustment deemed necessary by the Administrator, be the basis for interpreting the boundary of the RPA.

When the applicant provides site-specific information identifying the boundary of the RPA, the Administrator shall review and verify the accuracy of such information, and shall render a final interpretation in accordance with the criteria set forth by the provisions of this article. In the event the final interpretation by the Administrator is contested by the applicant or by any other party who has a legal standing to do so, the decision of the Administrator may be appealed to the Board of Zoning Appeals pursuant to the applicable provisions of Article 19 of this chapter.

The performance criteria set forth in §§ 115-22.10 through 115-22.17 of this article are intended to 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.

The purposes of the performance criteria are to implement the following objectives: prevent a net increase in non-point source pollution from new development; achieve a ten-percent reduction in non-point source pollution from redevelopment; and achieve a forty-percent reduction in non-point source pollution from agricultural activities.

No more land shall be disturbed than is necessary to provide for the proposed use or development.

Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the use or development proposed.

Where the best management practices utilized require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured through a maintenance agreement with the owner or developer, or some other mechanism approved by the County Attorney that achieves an equivalent objective.

All development exceeding 2,500 square feet of land disturbance shall be subject to the plan of development review process as set forth in Division IV of this article.

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

Any land-disturbing activity that exceeds an area of 2,500 square feet (including, but not limited to, construction of all single-family dwellings, septic tanks and drainfields) shall comply with the requirements of the Erosion and Sediment Control Ordinance for Mathews County.[1]

All on-site sewage disposal systems not requiring a Virginia Pollutant Discharge Elimination System (VPDES) permit shall:

For new construction, a reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided and must meet the approval of the Sanitarian employed by the State Health Department assigned to Mathews County. This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, nor shall it apply to any lot or parcel on which construction has been lawfully commenced and a sewage disposal permit has been issued prior to the effective date of Article 22 of this chapter, if such lot or parcel is not sufficient in capacity to accommodate a reserve sewage disposal site, as determined by the Sanitarian. Building or construction of any impervious surface shall be prohibited on the area utilized by, or reserved for, sewage disposal sites until such time as the structure is served by public sewer or an onsite sewage treatment system which operates under a VPDES permit. All sewage disposal site records shall be administered to provide adequate notice and enforcement of this provision.

For any use or development, stormwater runoff shall be controlled by the use of best management practices consistent with the water quality protection provisions of the Virginia Stormwater Management Regulations (4 VAC 3-20-10 et seq.). Stormwater management criteria which satisfy the following requirements shall apply.

Land upon which agricultural activities are being conducted, including but not limited to crop production, pasture, and dairy and feed lot operations, or lands otherwise defined as agricultural land by the local government, shall have a soil and water quality assessment. Such assessments shall evaluate 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 accomplished consistent with this article.

A water quality impact assessment shall be required in accordance with the provisions of §§ 175-22.18 through 175-22.21 of this article for any proposed land disturbance, development or redevelopment within the RPA, and for any proposed development within the RMA when required by the Administrator after determination by the Administrator that the development warrants such assessment due to the unique characteristics of the site or the intensity of the proposed development and that such assessment is necessary to determine consistency with the goals and objectives of the Act, the regulations promulgated thereunder and this chapter.

Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations or ordinances shall be obtained and evidence of such submitted to the Administrator.

The following criteria shall be applicable to all development within the resource protection area and shall supplement the general performance criteria set forth in § 175-22.10 of this article.

Development within the RPA shall be permitted only if it is water-dependent, constitutes redevelopment; or is a road or driveway crossing satisfying the conditions set forth below in Subsection B(2); or is flood control and stormwater management facility satisfying the conditions set forth in Subsection B(3).

Trees may be pruned or removed as necessary to provide site 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.

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

Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu, and multiflora rose) may be removed and thinning of trees may be allowed, pursuant to sound horticultural practice incorporated into locally-adopted standards.

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.

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

Where practicable, a 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;

The encroachment may not extend into the seaward 50 feet of the buffer area; and

Reasonable and appropriate conditions necessary to mitigate impacts identified in the water quality impact assessment required by this section.

Agricultural activities may encroach into the landward 50 feet of the one-hundred-foot wide buffer area when at least one agricultural best management practice, which, in the opinion of the Tidewater Soil and Water Conservation District, 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 area and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the one-hundred-foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil test, must be developed consistent with the Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq.) administered by the Virginia Department of Conservation and Recreation.

Agricultural activities may encroach within the landward 75 feet of the one-hundred-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 plan, including soil test, must be developed consistent with the Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq.) 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 one-hundred-foot wide buffer area.

The buffer area is not required for agricultural drainage ditches if the adjacent agricultural land has in place best management practices in accordance with a conservation plan approved by the Tidewater Soil and Water Conservation District.

When agricultural or silvicultural uses within the buffer area cease, and the lands are proposed to be converted to other uses, the full one-hundred-foot wide buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide vegetation that assures the buffer functions are maintained or established.

Identify the impacts of proposed land disturbance, development, or redevelopment on water quality and lands within the RPA and other environmentally sensitive lands;

Ensure that where land disturbance, development, or redevelopment does take place within the RPA and other sensitive lands, it will occur on those portions of a site and in a manner that will be least disruptive to the natural functions of the RPA and other sensitive lands;

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;

Specify mitigation which will address water quality protection.

A water quality impact assessment shall be required for:

There shall be two levels of water quality impact assessments: minor assessment and a major assessment. The situations in which each level of water quality impact assessment is applicable and the requirements for each are set forth in §§ 175-22.20 and 175-22.21.

When required. A minor water quality impact assessment shall be required for any proposed land disturbance, development, or redevelopment within the Overlay District which causes no more than 5,000 square feet of land disturbance and requires any encroachment into the landward 50 feet of the one-hundred-foot buffer area component of the RPA.

General criteria. A minor water quality impact assessment must demonstrate through acceptable calculations that the undisturbed buffer area, enhanced vegetative plantings and any required best management practices will result in removal of no less than 75% of sediments and 40% of nutrients from post-development stormwater runoff, and that will retard runoff, prevent erosion, and filter non-point source pollution the equivalent of the full undisturbed one-hundred-foot buffer area.

Submission requirements. A minor water quality impact assessment shall be performed and certified as complete and accurate by individuals qualified to perform such assessment. Such assessment shall be submitted to and reviewed by the Administrator in conjunction with the plan of development review process as required by this article, and shall be made a part of any application for a rezoning, conditional use permit or variance pertaining to the subject land. The Administrator may require the assessment to be modified, resubmitted and certified as complete and accurate by a professional engineer or a certified land surveyor, licensed by the Commonwealth of Virginia if the Administrator is unable to complete his review due to the quality of information originally submitted.

Required information. Submission of a minor water quality impact assessment shall include six copies of all information required by this section and site drawings to scale, which show the following:

Evaluation criteria. Upon completion of review of the minor water quality impact assessment, the Administrator shall determine if any proposed encroachment into the buffer area is consistent with the provisions of this article and shall make a finding based upon the following criteria:

Mitigation. The Administrator shall require additional mitigation where potential impact has not been adequately addressed. Evaluation of the impact shall be made by the Administrator based on the criteria set forth in this section.

Absence of mitigation is inconsistent. The Administrator shall find the proposal to be inconsistent with the purposes and intent of this article when the impact created by the proposal cannot be mitigated. Evaluation of the impact shall be made by the Administrator based on the criteria set forth in this section.

When required. A major water quality impact assessment shall be required for any proposed development which:

General criteria. A major water quality impact assessment must demonstrate through acceptable calculations that the remaining buffer area and the necessary best management practices will result in removal of no less than 75% of sediments and 40% of nutrients from post development stormwater runoff.

Submission requirements. A major water quality impact assessment and the information required relative thereto shall be certified as complete and accurate by a professional engineer or a certified land surveyor licensed by the Commonwealth of Virginia. The Administrator may accept such assessment performed by an individual qualified to perform such assessment who is not a licensed professional engineer or certified land surveyor licensed in the Commonwealth of Virginia if, in the sole discretion of the Administrator, the Administrator determines that such assessment contains sufficient information to allow the Administrator to complete his review and such assessment is certified by such qualified individual as complete and accurate. Such assessment shall be submitted to and reviewed by the Administrator in conjunction with the plan of development review process as required by this article, and shall be made a part of any application for a rezoning, conditional use permit or variance pertaining to the subject land.

Review by CBLAD. As part of any major water quality impact assessment submittal, the Administrator may request review by the Chesapeake Bay Local Assistance Department (CBLAD). Upon receipt of the major water quality impact assessment, the Administrator shall determine if such review is warranted and may request CBLAD to review the assessment and respond with written comments. Any comments by CBLAD shall be incorporated into the final review by the Administrator, provided such comments are provided by CBLAD within 90 days of the request.

Required information. The following elements shall be included in the submission of a major water quality impact assessment. The information required herein and elsewhere in this section shall be considered the minimum for submission, unless the Administrator determines that certain elements are unnecessary due to the limited scope and nature of the proposed development. Submission shall include six copies of all information required by this section.

Evaluation criteria. Upon completion of review of a major water quality impact assessment, the Administrator shall determine if the proposed development and any proposed encroachment into the buffer area are consistent with the provisions of this article and shall make a finding based upon the following criteria:

Mitigation. The Administrator shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the Administrator based on the criteria set forth in this section.

Absence of mitigation is inconsistent. The 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 Administrator based on the criteria set forth in this section.

In addition to the site development plan requirements set forth in Article 17 of this chapter, the plat requirements of the Mathews County Subdivision Ordinance, and such other plan review and approval processes as may be applicable, the plan of development shall include the plans and studies identified in this section. Such plans and studies may be coordinated or combined with other required plans and studies as deemed appropriate by the Administrator to fulfill the requirements of this article. The Administrator may waive certain information required herein upon determination that the information is not necessary to ensure compliance with the provisions of this article due to the scope and nature of the proposed development. Submission of required plans and studies shall be accompanied by such fees as established by the Board of Supervisors.

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

Name, address, and telephone number of the owner of the property and the preparer of the plan;

Location of the property including name of the subdivision, tax map number, and name or route number where the property is located;

A boundary survey of the tract showing North arrow and property line measurements;

Location of all covenant building lines, setbacks, easements, and rights-of-way;

Existing zoning classification;

Date, scale, and number of sheets;

The location and dimensions of all existing and proposed structures, including but not limited to marine and temporary structures;

The location and extent of all wooded areas before development and the proposed area of clearing and limits of land disturbance. Percentages of pre- and post-development cover shall be shown and shall include the total site area in acres, the amount and percentage of the site to be devoted to open space and the amount and percentage of the site to be covered by impervious surface after development;

The locations of all existing and proposed septic tanks and drainfield sites, including reserve sites, as well as the location of all existing and proposed wells;

The location of all existing and proposed easements for roads, overhead and underground utilities, drainage, or other easements which may exist or are proposed on the property;

The location of all points of access as approved by the Virginia Department of Transportation;

The proposed location, layout, dimensions and treatment of all driveways, parking areas and other areas of impervious cover;

The shortest distances from all property lines to all existing and proposed structures;

The specific limits of all RPA components described in § 175-22.7 of this article, including the location of any water body with perennial flow, in every case where an environmental site assessment is required under the provisions of this article.

The approximate limit of the one-hundred-year floodplain.

Included with the site plan submission shall be documentation of all existing permits and pending applications pertaining to the parcel of land, including, but not limited to, Health Department permits for wells, septic tanks and drainfields; pending building permit applications; other pending site plan approvals; and any pending applications for rezoning, conditional use permit or variance. No grading or other on site activities shall commence prior to submittal to the Administrator of all wetlands permits required by law.

The landscape plan shall be drawn to scale and clearly delineate the location, size, and description of existing and proposed plant material. All existing trees on the site six inches or greater diameter at breast height (DBH) shall be shown on the landscape plan. Where there are groups of trees, stands may be outlined instead. The specific number of trees six inches or greater DBH to be preserved outside of the construction footprint shall be indicated on the plan. Trees and other woody vegetation proposed to be removed to create a desired construction footprint shall be clearly delineated on the landscape plan.

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 plan.

Within the buffer area, trees and other woody vegetation to be removed for sight lines, vistas, access paths, and best management practices, as provided for in § 175-22.15A through D of 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 plan.

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

The landscape plan shall depict grade changes or other work adjacent to trees, which would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees and other vegetation to be preserved.

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

If the proposed development is a change in use from agricultural or silvicultural to some other use, the plan must demonstrate the re-establishment of vegetation in the buffer area.

All plant materials necessary to supplement the buffer area or vegetated areas outside the construction footprint shall be installed according to standard planting practices and procedures.

All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen.

Where areas to be preserved, as designated on an approved landscape plan, are encroached, replacement of existing trees and other vegetation shall be achieved at a ratio of two planted trees to one removed. Replacement trees shall be a minimum 1.5 inches DBH at the time of planting.

Use of native or indigenous species.

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

In buffer areas and areas outside the construction footprint, plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season.

Location and design of all planned stormwater control devices;

Procedures for implementing nonstructural stormwater control practices and techniques;

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

For facilities, verification of structural soundness, including a professional engineer or Class IIIB surveyor certification;

Any other information, including maps, charts, graphs, tables, photographs, narrative descriptions or references as appropriate to communicate the information required by this section.

An environmental site assessment shall be submitted when necessary for purposes of delineating the components of the resource protection area including water bodies with perennial flow on the site and providing the basis for site-specific delineation of the RPA boundary as required under § 175-22.8 of this article. An environmental site assessment shall also be submitted when necessary for purposes of delineating any land type comprising the resource management area on the site and providing the basis for determining the applicability of the provisions of this article to the site or any portions of the site.

Applicants shall submit an environmental site assessment prior to or in conjunction with preparation of preliminary site plans and other plans in order that accurate delineation of the RPA components and RMA land types can be established before development decisions are made and more detailed plans are prepared.

An environmental site assessment, when required for purposes of delineating the components of the RPA, shall clearly delineate the following environmental features:

An environmental site assessment, when required for purposes of delineating the boundary of the RMA, shall clearly delineate the following land types, provided the Administrator may waive delineation of any land type which clearly does not affect the boundary of the RMA on the site in question:

When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the governing body a form of surety satisfactory to the Administrator in an amount equal to the remaining plant materials, related materials, and installation costs of the required landscaping or facilities and/or maintenance costs for required stormwater management facilities during the construction period.

All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of use and occupancy or the surety may be forfeited to the governing body after 15 days' written notice to the owner of the County's intent to forfeit said surety.

All required stormwater management facilities or other specifications shall be installed and approved within 18 months of project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the governing body. The governing body may collect from the applicant the amount of the surety held.

After all actions required by the approved site plan have been completed, the applicant shall submit a written request for inspection. If the requirements of the approved plan have been completed to the satisfaction of the Administrator, such unexpended and unobligated portion of the surety shall be refunded within 60 days following the receipt of the applicant's request for inspection. The Administrator may require a certificate of substantial completion from a professional engineer or Class IIIB surveyor before making the final inspection.

Final approval of a site plan submitted under the terms of this article shall expire five years after the date of such approval. During that period all building permits shall be obtained and the development shall be put into use.

For so long as the final site plan remains valid in accordance with the provisions of this section, no change or amendment to any County ordinance, map, resolution, policy or plan adopted subsequent to the date of approval of the final site plan shall adversely affect the right of the developer or successor in interest to commence and complete an approved development in accordance with the lawful terms of the site plan unless there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.

Application for minor modifications to approved site plans made during the five-year term of validity shall not constitute a waiver of provisions of this section nor shall the approval of such minor modifications extend the period of validity.

The Administrator may grant a waiver from the requirements of this article to permit an addition to a structure existing at the effective date of this article which becomes nonconforming as a result of enactment of this article, provided that:

This provision shall not apply to accessory structures.

Construction, installation, operation and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines; railroads; and public roads constructed by the Virginia Department of Transportation and their appurtenant structures in compliance with the Erosion and Sediment Control Law (§ 10.1-560 et seq. of the Code of Virginia) and the Stormwater Management Act (10.1-6301 et seq. of the Code of Virginia) and the Erosion and Sediment Control Ordinance of Mathews County shall be deemed to constitute compliance with the relevant requirements of this article. The exemption of public roads is further conditioned on the following;

Construction, installation and maintenance of water, sewer, natural gas, and underground telecommunications and cable television lines owned, permitted, or both by Mathews County or a regional service authority shall be exempt from the requirements of this article, provided that:

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

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

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

Any land disturbance exceeding an area of 2,500 square feet shall comply with the requirements of the Erosion and Sediment Control Ordinance of Mathews County.[1]

The applicant for a variance from the provisions of §§ 175-22.11 through 175-22.17 of this article shall submit to the Board of Zoning Appeals a written request and a water quality impact assessment as required by this article for purposes of identifying the potential impacts of the requested variance on water quality and on lands within the RPA.

The Administrator shall submit a report to the Board describing the Administrator's evaluation of the water quality impact assessment provided by the applicant;

The Board shall consider the water quality impact assessment, along with all other appropriate factors, in determining if the requested variance will be in harmony with the intended spirit and purpose of this article and this chapter and must make the following findings:

If the Board cannot make the required findings or refuses to grant the variance, the Board shall return the request for a variance together with the water quality impact assessment and the written findings and rationale for the decision to the applicant.

A request for a variance to the requirements of provisions of this article other than §§ 175-22.11 through 175-22.17 shall be made in writing to the Administrator. The Administrator may grant these variances provided that:

Variances to § 175-22.10 may be made provided that the findings noted in § 175-22.50C(1) through (3) are made.