Northampton County Unincorporated
City Zoning Code
City Zoning Code
SUPPLEMENTAL PERFORMANCE
STANDARDS
§ 154.2.100 GENERALLY.
No permitted or special permit use hereafter established, altered, modified, or enlarged shall be operated or designed so as to conflict with the applicable performance standards established by this chapter.
(Ord. passed 4-12-2016)
§ 154.2.101 STANDARDS FOR CHESAPEAKE/ ATLANTIC PRESERVATION AREA.
(A) The performance standards to be applied in the Chesapeake/Atlantic Preservation Area District are fully set forth in § 154.2.163.
(B) These standards are applicable in all areas of the county.
(Ord. passed 4-12-2016)
§ 154.2.102 STANDARDS FOR MARINA SITING.
In addition to the standards set forth under Chesapeake/Atlantic Preservation District, when considering the siting of publicly owned or privately owned commercial marinas as special permit uses, the applicant shall demonstrate that:
(A) The physical dimensions and characteristics of the proposed marina, and the type of vessels it will house are compatible with the water body on which the marine would be located. For example, a shallow cove or basin is not an appropriate site for a deep draft sailboat marina;
(B) The marina has sufficient upland area to provide all necessary parking, stormwater management BMP's, fuel, and sanitary facilities without filling wetlands or subaqueous bottom;
(C) The marina is located in an area with good natural flushing to minimize the build-up of organic material and other pollutants on the bottom;
(D) There are no areas of very high natural resource value such as shellfish beds, seagrass communities, and areas frequented by endangered species;
(E) No productive shellfish grounds would be compromised in order to accommodate marina development;
(F) The concentration of slips in a single facility is justified to prevent disturbance along undeveloped shorelines.
(Ord. passed 4-12-2016)
§ 154.2.103 STANDARDS FOR DEVELOPMENT IN THE AGRICULTURAL DISTRICTS.
(A) In order to promote the county's Comprehensive Plan goals of preserving prime or unique agricultural and woodland areas and limiting the scale of residential development in agricultural areas, and in recognition of the fact that the groundwater supply is limited and vulnerable to both depletion and contamination, the following standards are established in the Agricultural Districts.
(B) By-right residential uses and densities.
(1) Conventional development use. The maximum residential density of conventional development in the A District shall be one dwelling unit per 20 acres of buildable area. Lots no less than one acre in size may be divided from the base parcel as provided herein. Before a conventional development lot in the A District may lawfully be created, it must be established to the satisfaction of the county's Health Department that the lot can adequately be served by onsite water and sewage disposal systems.
(2) Open space density bonus option. A density bonus will apply when residential development is clustered on small lots with at least 85% open space reserved in the development, as follows:
(a) The maximum residential density of development in the A District under the open space density bonus option shall be one dwelling unit per ten acres of buildable area if the minimum open space preserved from the base parcel is at least 85% (e.g. for a 100-acre base parcel, 85 acres would have to remain in open space). Lots no less than 30,000 square feet may be divided from the base parcel under this option. Individual lots created still also must meet maximum lot coverage requirements.
(b) Before an open space density bonus option development lawfully may be approved in the A District, it must be established to the satisfaction of the county's Health Department that each and all of its lots in the proposed development can adequately be served by onsite water and sewage disposal systems.
(c) If any parcel was subdivided after December 28, 2000, and the subdivider received the maximum density bonus under the zoning regulations in place between that date and October 21, 2009, the open space density bonus option provisions above shall not apply.
(3) Base parcels. Shall be those parcels and property lines existing in the public records as of October 21, 2009. However, if a parcel was legally in existence and zoned Agriculture on December 28, 2000, and if prior to October 21, 2009 that parcel was subdivided to allow the maximum number of bonus lots, the base parcel under the December 28, 2000 ordinance shall be the base parcel for determining the development density of that parcel.
(4) Buildable area. Shall be the upland portion of a base parcel. In no case shall any wetlands be considered in the calculation of the buildable area of any base parcel for density determination purposes.
(Ord. passed 4-12-2016)
§ 154.2.104 STANDARDS FOR OPEN SPACE PRESERVATION.
In furtherance of the Comprehensive Plan's goals of preserving rural character, supporting the agricultural, seafood, and tourist industries, and conserving the county's natural resources, the remainder of the land is to be set aside and maintained as open space. Open space to fulfill the statements of intent for these zoning districts is desirable for the use, physical well-being, and enjoyment of county residents.
(A) Two kinds of open space established. There shall be two kinds of open space recognized in Northampton County: common and non-common.
(1) Common open space is open space primarily serving the use and enjoyment of the residents of a specific project or development or the public in general. Examples of common open space include, but are not limited to, public parks, nature areas, village greens, athletic fields, and other public gathering areas. To ensure that common open space is perpetually made available for public use and access, such lands shall be dedicated to the Board of Supervisors or some other entity allowed to accept deeded lands for open space preservation purposes.
(2) Non-common open space is open space primarily for use of its owner(s) and apart from the use of residents on lots which may have been divided from it. Non-common open space shall meet at least one of the following criteria:
(a) It is agriculturally significant for the production of crops or livestock;
(b) It is suitable for the production of forestal products;
(c) It is of significant scenic, historic, natural or environmental value; or
(d) It is important to the marine or upland wildlife habitat.
Examples of non-common open space include, but are not limited to, agricultural fields and historic sites with proper buffers on which development will not take place.
(3) The area of any development that is used to satisfy required public infrastructure or facility needs, including, but not limited to roads, sidewalks, and storm water management facilities, shall not count toward a development's required open space.
(B) Plats, plans and deeds of dedication or easement.
(1) The location, size, use, and type of lot coverage and open space (common v. non-common) shall be shown on all plats and plans for the property submitted to the county.
(2) All property being used for open space to satisfy the requirements of the open space density bonus option in the A District shall be so designated in an open space deed of dedication (for common open space) or open space deed of easement (for non-common open space) and on the accompanying plat/plan filed in the land records of the county. All such deeds shall include restrictions relating to use and maintenance of the property, including provisions for its perpetuation, as well as a complete and accurate listing and description of all buildings, equipment, and facilities existing on the property. The deed and its accompanying documents must be reviewed by the County Attorney and approved by the Planning Commission before the chapter's open space requirement is satisfied. The Board of Supervisors may, but is not required to, accept offers of open space.
(C) Open space requirements and compliance with the maximum lot coverage. No lands in common or non-common open space shall be denuded or defaced. Further, no open space shall be used in any manner inconsistent with the deed of dedication or deed of easement restrictions placed upon them.
(D) Open space and partial development. While a property owner developing under the open space density bonus option in the A District may divide a number of residential lots from a base parcel which is less than the maximum number of such lots which would be permitted:
(1) Open space contiguous to such lots and in the appropriate proportion for the number of lots divided must be set aside in the manner described above with the necessary deed or easement restrictions; and
(2) The deed of dedication or deed of easement and a plat indicating the location of the residential lots, the contiguous open space, the use of the open space, and the deed restrictions shall be recorded with the Clerk of the Circuit Court of Northampton County.
(Ord. passed 4-12-2016)
§ 154.2.105 LANDSCAPE PLAN REQUIREMENTS AND STANDARDS.
(A) Authority and intent. Pursuant to VA Code §§ 15.2-2283 and 15.2-2284 and in order to further the goals of the Northampton County Comprehensive Plan to protect natural resources while pursuing economic self-sufficiency for all citizens, it is the intent of this section to protect existing vegetation and provide for the installation of new vegetation at newly developed sites specifically in order to:
(1) Facilitate the creation of a convenient, attractive, and harmonious community;
(2) Protect the natural environment, including forestal land;
(3) Protect against flooding;
(4) Encourage economic development;
(5) Protect surface water quality in the Chesapeake/Atlantic Preservation Area of Northampton County; and
(6) Protect surface groundwater quality in a State Groundwater Management Area with highly pervious soils where groundwater is sensitive to contamination.
(B) Conflict. If the provisions of this section conflict with other lawfully adopted ordinances or regulations, then the most restrictive shall govern or prevail to the extent of the conflict.
(C) Jurisdiction and exemptions. In addition to the requirements of the Chesapeake/Atlantic Preservation District, § 154.2.163 herein, this performance standard shall apply to all development and redevelopment within Northampton County, and no department (or board) shall issue any permit, zoning clearance, special use permit, rezoning approval, variance approval, waiver approval, exception approval, subdivision approval or site plan review approval unless compliance with the vegetation protection and installation requirements of this section is insured. However, nothing in this section is intended to prohibit agriculture, silviculture, horticulture or nursery operations in the county. The regulations set forth herein shall apply to all real property within the county, subject to the following exceptions:
(1) Forestry. All bona fide silviculture activities, as defined in § 154.2.003, shall be exempt from both vegetation protection and installation performance standards.
(2) Wetlands. Wetlands mitigation plans shall be exempt from vegetation protection and installation performance standards provided that such plans have been approved by the Northampton County Wetlands Board.
(3) Nurseries. Commercial nursery operations shall be exempt from vegetation protection performance standards for the purpose of producing marketable nursery stock but not from the installation performance standards and other requirements of this ordinance as it applies to land use for offices, buildings, and marketing operations.
(5) Utilities. Individual and public utilities and utility companies shall be exempt from vegetation protection and installation performance standards for the purpose of maintaining or creating easements to provide safe clearance for the utility provided that a memorandum of understanding (MOU) with Northampton County has been executed. Such MOUs shall at a minimum:
(a) Recognize the need to minimize the cutting or pruning of vegetation which does not frustrate or substantially interfere with the intended purpose of construction or maintenance;
(b) Specify a consultation process with the county prior to the commencement of major construction or maintenance or the removal of trees greater than six inches DBH;
(c) Provide that a breach of such MOU constitutes a violation of this chapter and a loss of exemption from the requirements of this chapter.
(6) State and federal agencies. Shall be exempt from the vegetation protection and installation performance standards but are encouraged to follow the guidance set forth herein.
(7) County agencies. Shall be exempt from the vegetation protection and installation performance standards to the extent necessary to provide services to citizens and provide for their health, safety, and welfare.
(D) Vegetation protection standards. Protective barricades shall be placed around all protected vegetation located in a development or redevelopment area, and designated to be saved on the approved site plan. Prior to the commencement of site work, protective barricades shall be installed by the contractor and inspected by the Northampton County Department of Planning and Zoning. This inspection may coincide with the initial erosion and sediment control inspection and may continue as a part of the following erosion and sediment control inspection throughout the project. The protective barricades shall remain in place until all site work is inspected and approved for completeness. The area within the protective barricade shall remain free of all building materials, dirt, or other construction debris, vehicles and development activities.
(1) Protective barricades. Protective barricades shall be erected according to the following standards:
(a) Five feet outside the dripline of protected vegetation as defined in this chapter;
(b) Fifteen feet outside the dripline of trees greater than 24 inches DBH.
(2) Construction within protective barricades. Changes in grade, construction of hardened surfaces (pervious or impervious) or utilities within the required protective barricade shall be permitted subject to the following standards:
(a) Changes in grade and construction of utilities shall comply with the specification described in The Virginia Erosion and Sediment Control Handbook, as amended, Chapter III, Standards and Specification 3.37 and 3.38.
(b) Construction of hardened surfaces shall not be permitted within five feet of the base of protected vegetation or within 15 feet of the base of trees greater than 24 inches DBH, unless special construction methods, including but not limited to root feeders and porous paving materials, are used and certified as acceptable by a reputable arborist or qualified organization.
(c) All roots outside the protective barricade to be removed during construction shall be severed clean (root pruned) and a two-inch layer of mulch shall be applied over the surface of the exposed roots.
(d) All pruning of protected vegetation greater than six inches DBH shall be done in accordance with pruning standards adopted by the National Arborist Association.
(E) Vegetation installation requirements. No new site development, redevelopment, building, structure or vehicular use area (parking lot, internal/ external access ways, driveways, etc.) shall hereafter occur, be erected, constructed or used, nor shall any existing building, structure or vehicular use area be expanded, unless the minimum vegetation installation standards below are satisfied:
(1) Existing on-site vegetation can be used to satisfy vegetation installation requirements;
(2) Replacement vegetation cannot be used to satisfy vegetation installation requirements;
(3) Vegetation installations can be placed within building setbacks and the CBPA 100-foot buffers;
(4) Except as required below, the need for vegetation installation will be evaluated within the context of site plan review consistent with this chapter and the Chesapeake/Atlantic Preservation District requirements found in § 154.2.163.
(F) Situations requiring vegetation installation. In order to accomplish the purpose of this section, the requirements for vegetation installation apply in the following situations:
(1) Roadway frontage as described in division (G) below;
(2) Parking lots - peripheral/interior;
(3) Perimeter screening;
(4) Refuse collection facilities;
(5) Chesapeake/Atlantic Preservation Area: 100-foot buffer area if vegetation is removed.
(G) Roadway frontage installation requirements. On the site of a building or structure other than a single-family home being used only for residential purposes, or on an open lot providing off-street parking, loading or other vehicular use, where such area will not be entirely screened visually from all adjacent public rights-of-way by an intervening building or structure, vegetation shall be required along any property boundary that abuts the public right-of-way of a public street, road or highway.
(1) A planting area at least five feet in depth shall be located between the abutting right-of-way and any off-street parking, loading or other vehicular use area, except where permitted driveway openings and pedestrian ways are to be provided. The planting area shall be planted in accordance with the following standards:
(a) A combination of trees and hedge or approved wall, fence or earthen berm may be utilized to form the continuous element; and
(b) All portions of the planting area where there is no wall, fence, hedge, or trees shall be planted in grass and/or groundcover.
(H) Parking lot peripheral/interior installation requirements. Peripheral planting shall be provided along any side of an off-street parking, loading, or other vehicular use area that abuts adjoining property and not a right-of-way of a public street, road, or highway. Such planting shall be provided as follows:
(1) Peripheral parking lot installation requirements. A planting area at least eight feet in depth shall be located between the abutting property lines and the parking, loading or other vehicular use area, except where permitted driveway openings are to be provided. Where drainage or other utility easements exist along property lines, the planting area shall be located between the parking, loading or other vehicular use area and the utility or drainage easements.
(2) Interior parking lot planting requirements. Planting islands shall be provided such that no more than ten spaces shall be permitted without being interrupted by a planting island. Planting islands shall consist of shrubs, canopy trees, and understory trees. Divisions (G) and (H) (1) above shall not be used to satisfy interior parking lot requirements.
(I) Perimeter screening. Perimeter screening shall be required to separate industrial uses from different land uses or zoning districts.
(1) Perimeter screening, generally
(a) Perimeter screening defined. Perimeter screening may be one of two kinds: opaque or semi-opaque.
1. Opaque perimeter screening is intended to create a strong spatial separation and to preclude visual contact. Such screening shall be opaque in all seasons of the year.
2. Semi-opaque perimeter screening is intended to maintain a sense of spatial separation and to partially block visual contact. Upon maturity, semi-opaque screening shall not contain any completely unobstructed opening more than ten feet in width.
(b) Perimeter screening shall vary in depth and in planting requirements according to the existing use or zoning district of the adjoining property.
(c) Perimeter screening shall be located along the perimeter of a lot or parcel and shall extend to the boundary line of the lot or parcel. Perimeter screening shall not be located on any portion of an existing public or private street right-of-way. Where utility or drainage easements exist along property lines, the perimeter screening shall be located adjacent to the utility or drainage easement.
(d) Required perimeter screening shall be designated as part of platted lots and/or on an approved site plan. The following notation shall be lettered on the face of both the preliminary and final subdivision plats and/or site plans:
PERIMETER SCREENING: The use and maintenance of the perimeter screening area and the building of structures thereon is restricted pursuant to § 154.2.105 of the Northampton County Zoning Ordinance.
(e) Compliance of planted perimeter screening shall be evaluated on the basis of average height and density of plant material upon maturity. Suitability of existing vegetation to fulfill the requirements of planted perimeter screening shall be determined based upon field analysis of the type and condition of the vegetation.
(2) Schedule of required perimeter screening established. Perimeter screening for all development and redevelopment shall be required as follows:
(a) Existing industrial districts abutting Agriculture District: 75-foot buffer area with 25 feet of semi-opaque screening or a reduction to a 50-foot buffer with 50 feet of opaque screening except when the district abuts a Resource Protection Area as defined in this chapter.
(b) Existing industrial districts abutting any Conservation, Hamlet/Residential, Waterfront Hamlet/Residential, Village, Waterfront Village, Existing Cottage Community/Residential, Existing Subdivision/Residential, Existing Business, or Town Edge-1, Town Edge/Residential District: 100 foot buffer area with 50 feet of semi-opaque screening or a reduction to a 75-foot buffer area with 50 feet opaque screening except when the district abuts a Resource Protection Area as defined in this chapter.
(c) Existing industrial districts abutting any existing Business, Commercial-1, Town Edge-Neighborhood Business, or Town Edge-Commercial General District: 25-foot buffer area with ten feet of semi-opaque screening or a reduction to a 15-foot buffer area with ten feet of opaque screening except when the districts abuts a Resource Protection Area as defined in this chapter.
(d) Existing industrial districts with frontage on U. S. 13: In addition to the vegetative planting requirements set forth in § 154.2.164, US 13 Corridor District, a 100-foot buffer area with 25 feet of semi-opaque screening or a reduction to a 75-foot buffer area with 50 feet of opaque screening except when the district abuts a Resource Protection Area as defined in this chapter.
(e) Existing industrial districts abutting secondary roads: a 100-foot buffer area with 25 feet of semi-opaque screening or a reduction to a 75-foot buffer area with 50 feet of opaque screening except when the district abuts a Resource Protection Area as defined in this chapter.
(f) Existing industrial districts abutting a railroad: The Board of Supervisors may eliminate the buffer area to the extent necessary to provide transportation access to the railroad.
(J) Refuse collection site screening. Refuse collection facilities shall be screened from view, except around their point(s) of access, by an opaque enclosure composed of evergreen vegetation, fence, wall or a combination of the same, except as follows:
(1) Where screened from view by an intervening building or structure; and
(2) Excluding views from adjacent properties zoned or used for industrial purposes.
(L) Submission of a vegetation protection and installation plan (landscape plan).
(1) Application for site plan approval:
(a) Applications for site plan approval and building permits under this chapter shall include a scaled vegetation survey locating all existing natural vegetation. The site drawing shall also show the proposed construction footprint and vegetation protection measures.
(b) Review standards. The landscape plan shall comply with:
1. The requirements of §§ 154.2.040 et seq.
2. The requirements of § 154.2.163.
3. The requirements of this section.
(Ord. passed 4-12-2016)
§ 154.2.106 COMMERCIAL AND INDUSTRIAL ROAD FRONTAGE STANDARDS.
(A) Purpose and intent. The purpose of this section is to further the county's Comprehensive Plan goals of preserving natural resources and rural character while pursuing improved economic self- sufficiency for all its citizens. Since progress toward these goals is often focused along the county's transportation corridors, these goals are best pursued through the promotion of development that is compatible with the design and capacity of the county roadways. These standards will:
(1) Encourage orderly economic development compatible with the county's goals and existing communities;
(2) Ensure a free flow of traffic and prevent congestion on the county's principal roads;
(3) Minimize adverse economic impacts on existing incorporated towns;
(4) Help create a convenient, attractive, and harmonious community.
(B) Roadways classified. Accordingly, the roadways of the county are classified into the following categories:
(1) Class I, Main Roads: U.S. Route 13 (Lankford Highway), Business 13, and State Route 184 (Stone Road);
(2) Class II, North/South Secondary Roads: State Rt. 600 (Seaside Road) and State Routes 618, 619, and 622 (Bayside Road);
(3) Class III, Neck Roads: All Bayside Neck roads, including State Route 183;
(4) Class IV, Village Roads: All roads which are within a Rural Village designated on the county zoning map and all secondary roads within one-half mile of the Rural Village zoning boundary;
(5) Class V, Subdivision Roads: All roads within recorded subdivisions;
(6) Class VI, Other Roads: All other named roads.
(C) Projects affected require unified plan of development. All proposed commercial and industrial projects shall address and resolve the following issues when any portion of the project, whether principal structure, parking area, accessory structure, or other element necessary to the performance of the principal use, is within 500 feet of a Class I, II, or III road, or within 200 feet of a Class IV road. The issues shall be addressed through a unified plan of development which includes a sketch plan to illustrate the project and a written statement of justification that fully and accurately identifies how the final site plan will address these elements:
(1) Access to Class I, II, III, IV roads shall be limited to one for ingress/egress and one for egress only/emergency use. No individual business within a project shall have direct access to these classes of roads. Individual businesses shall be served by streets internal to the project.
(2) Services including water supply, sewage disposal, and storm water management shall be designed to serve the whole project and in such a manner that water and sewer lines can easily be tied to public central services when such central services are available, or become available in the future.
(3) Yard requirements shall be as set forth in Appendix B except that setbacks from public rights-of-way for commercial projects may be relieved to 50 feet when business entrances for customers and parking areas are on the off-road side of the building(s), the building(s) are screened using the vegetation standards of § 154.2.105(D), and the project complies with all other requirements of this section.
(4) Utility lines including electric, telephone, cable television and other similar lines shall be located underground unless required by the utility company to be otherwise located. Junction and access boxes shall be screened with vegetation.
(5) Outside storage of salvage and unlicensed or inoperable vehicles or equipment is prohibited. If outside storage of other items or materials is required, it shall be screened from the view of any public road or adjoining property by perimeter screening placed according to this chapter.
(6) Driveways and parking areas must be in compliance with §§ 154.2.205 et seq. All commercial and industrial development is required by Chesapeake/ Atlantic Preservation District regulations to minimize impervious surfaces in order to promote infiltration of stormwater into the ground; therefore, grid and pervious pavers, or other suitable pervious materials may be used for any required driveway or parking area, and curb and gutters may be minimized through the use of grass strips and swales.
(7) Loading areas shall be designed so as to minimize visibility from every class of road or from any project perimeter which, at the time of construction, adjoins a residential zoning district.
(8) Exterior lighting shall be arranged so that light is directed in such a manner that it does not affect traffic adversely on any class of road and is directed on-site and away from adjoining properties. All exterior lighting shall not exceed 0.5 footcandles above background when measured at the lot line of any adjoining property.
(Ord. passed 4-12-2016)
§ 154.2.107 AIRPORT PERFORMANCE STANDARDS.
(A) Purpose and intent. The purpose of this section is, for the general welfare of the county and for safety of air navigation, to provide guidance and standards for those landowners within the county who wish to construct an airport facility or airstrip and to ensure that impacts on nearby landowners and the citizens of the county are fully mitigated. It is also to ensure that citizens have the opportunity to understand what is being proposed and to comment at public hearings.
(B) Airport defined. AIRPORT shall be any facility designed for the purpose of allowing aircraft to take off or to land. In Northampton County, an airport shall be further defined as one or more of the following types:
(1) Type H, Heliports. Any airport designed for the takeoff and landing of helicopters, with a landing area not greater than 10,000 square feet and a surface of either grass or pavement as specified in its special use permit.
(2) Type U/LS, Ultralight/Light Sport. Any airport landing strip designed for use of aircraft defined by FAA as being ultralight. Its maximum dimensions shall be 50 feet by 1,000 feet and its surface shall be grass/turf.
(3) Type P, Private Personal. Any airport designed for the private, personal use of the applicant and the applicant's family. Its maximum dimensions shall be 60 feet by 3,000 feet and its surface shall be grass/turf.
(4) Type M, Private Multiple Users. Any airport designed for the private, noncommercial use of subdivision lot owners, or other nearby landowners. Airport Type M is intended to have multiple users who may have personal or corporate airplanes or helicopters which use the landing strip and are hangered near or adjacent to the airport. Its maximum dimensions shall be 60 feet by 3,000 feet and its surface shall be grass/turf.
(5) Type A, Agricultural. Any airport where aircraft may take off or land for the purpose of applying agricultural chemicals. Its maximum dimensions shall be 60 feet by 3,000 feet.
(6) Type C, Commercial (Public). Any airport where aircraft of all types may take off or land to perform any of the above uses and to discharge or receive cargo and/or passengers and where fuel, maintenance and other support infrastructure are available. Such an airport may be either privately owned by an individual, partnership, or corporation; or it may be publicly owned by an incorporated town, city, county, state, federal government, or a public authority whose purpose is to operate such an airport. This section places no limit on dimension or surface type or the landing areas of a Type C Airport, although such specification may be made through special use permit or conditional zoning that permits a Type C Airport. The application and approval process requires detailed development plans and approval of the proposed facility by the Virginia Department of Aviation and the Federal Aviation Administration.
(C) Airport type to be disclosed.
(1) In addition to the submission requirements for SUPs and/or rezonings, any applicant for a special use permit or rezoning that would allow an airport to be developed shall disclose in the application for such SUP or rezoning which type(s) of airport are proposed to be operated along with a statement disclosing:
(a) All approvals for the use already received;
(b) All approvals for the use that still need to be obtained;
(c) All anticipated impacts of the proposed use (including, but not limited to, noise, use and disposal of hazardous materials, safety at the facility in the event of an air or ground accident, and traffic generation and access to the facility) and how they will be mitigated by the applicant.
(2) A change or addition in the type of an existing airport use shall require a new or amended SUP or rezoning with additional public hearing processes.
(D) Runway orientation. Applicants for a special use permit or rezoning proposing a new or expanded airport shall identify the locations of existing airports when justifying the orientation of new runways.
(1) All existing airports within a radius of 10,000 feet of the proposed landing area shall be shown at an appropriate scale on a sheet of the plat/ plan (the existing airports sheet) submitted with the SUP or rezoning application.
(2) The extended centerline of existing runways shall be indicated on the existing airports sheet of the application's plat/plan to a length of 10,000 feet from each end of the existing runways.
(3) The extended centerline of the proposed runway shall not intersect that of an existing runway any closer to the end of the existing runway than the distance in feet specified in the following table:
Existing Airport | New Airport Type | ||||
H | U/LS | P, A | M | C | |
H | NA | 2,000 | 2,000 | 2,000 | 2,000 |
U/LS | 2,000 | 2,000 | 2,000 | 2,000 | 2,000 |
P, A | 2,000 | 4,000 | 4,000 | 4,000 | 10,000 |
M | 2,000 | 4,000 | 4,000 | 4,000 | 10,000 |
C | 2,000 | 4,000 | 4,000 | 4,000 | 10,000 |
(4) If extended centerlines intersect at a point closer to the existing airport runway than indicated in the table, then the proposed runway shall be reoriented so that its placement complies with the table distances.
(E) Runway over run areas. Any overrun areas proposed by the applicant or required as a condition of a special use permit or rezoning shall be clearly marked on the application's plat/plan and shall be designed and used only for emergency use, not for regular use in normal take offs and landings.
(F) Runway and landing area setbacks. The endpoints of all proposed runways or helicopter landing areas shall be no closer to the applicant's property line than 250 feet. Within this setback area there shall be no structures.
(G) Airports and nearby development. For airport types H, U, P, M, and A, it shall be the responsibility of the applicant/owner to limit any nearby development which might interfere with runway approaches through the acquisition of easements or other agreements from nearby property owners and the recordation of such easements with the Clerk of the Court. The extent and scope of areas and types of limitations on development to be included in such easements or agreement shall be based upon the characteristics of the proposed airport and the aircraft anticipated to use that facility. For Airport Type C an Airport Protection Overlay zone may be requested by the airport operators and granted by the Board of Supervisors as specified in § 154.2.162.
(H) Agreement on rules of the air. For airport types H, P, M, A, and C applicant shall contact the owners/operators of existing Type P, M, A, and C airports within 10,000 feet and propose a Rules of the Air Agreement. Such an agreement shall propose runway approach patterns, radio frequencies and other safety procedures that may be proposed for the new airport. Existing airport owner/operators shall have the opportunity to make alternative suggestions. Northampton County encourages airport operators to come to a mutual agreement on such safety procedures. However, if such mutual agreement cannot be reached, the applicant for a new airport shall propose approach patterns and radio frequencies which shall become public information through the public hearing process and inclusion in the minutes of the Planning Commission and Board of Supervisors.
(I) Virginia Department of Aviation (VDA) evaluation. Any applicant for a SUP or rezoning that will allow an airport to be developed shall submit the proposal, including runway specifications, runway orientation, over-run areas, Rules of the Air proposals and agreements, and any other relevant information, to the Virginia Department of Aviation (VDA) for evaluation and comment. The VDA response shall be made available to the county staff before any public hearings are scheduled.
(J) Additional standard for heliports and helipads. If any passengers are to be carried on a helicopter, compliance with Federal Aviation Administration standards for helicopter parking position marking and passenger walkways is required.
(Ord. passed 4-12-2016)
§ 154.2.108 AFFORDABLE HOUSING INCENTIVES AND STANDARDS.
(A) Purpose and intent. It is the intent of Northampton County to work toward realistic and practical solutions for its workforce and affordable housing needs. The purposes of this section are:
(1) To establish an incentive to encourage developers to assist with solutions for housing needs;
(2) To establish development standards to assist land owners, developers, health department officials, and local housing officials in finding creative solutions for housing problems;
(3) To promote a full range of housing choices and to encourage the construction and continued existence of moderately priced housing.
(B) Affordable, low and moderate income (LMI), housing defined. In the context of this chapter the following definitions shall apply:
(2) VERY LOW INCOME. Individual or family earning 50% or less of the current area median income;
(3) LOW INCOME. Individual or family earning 50% to 80% of the current area median income;
(4) MIDDLE INCOME. Individual or family earning 80% to 120% of the current area median income;
(5) LMI. An abbreviation for low and middle income used here to mean all three of the income categories defined above;
(6) WORKFORCE. Households whose primary source of income is from W-2 wages and whose income ranges between the weekly income available from a minimum-wage salary and the weekly income available from the current "average wage" salary as defined for Northampton County by the U.S. Bureau of Labor Statistics.
(C) Affordable housing oversight and planning. The Northampton County Board of Supervisors designates as its agent the Accomack-Northampton Regional Housing Authority, hereinafter "the agent." The agent is charged with the responsibility for:
(1) Ensuring that units said to be affordable LMI units meet that definition in fact;
(2) Assisting landowners and developers planning affordable LMI units;
(3) The agent for the Board of Supervisors shall report directly to the Board any violation of this provision and shall recommend enforcement action to the Zoning Administrator, who shall be responsible for carrying out such enforcement action.
(D) Affordable housing density bonus.
(1) Rezonings. When a rezoning application is made which includes the provision of affordable housing units (AHUs), the Board may approve a density increase up to 10% higher than otherwise allowed in the zoning district. In determining the percentage of increased density, the Board may consider the conformance of the proposed project with the Comprehensive Plan, the design of the project, the number of AHUs proposed, the community need for affordable and workforce housing in the area of the proposal, the impacts of the development, and whether the application and any proffers mitigate the impacts of the proposal.
(2) Special use permit for use of existing non-residential buildings.
(a) When a special use permit application is made to establish dwelling units pursuant to § 154.2.126(D), the establishment of more than one dwelling unit shall be subject to the provision of affordable housing units as follows:
1. Two units, 50% or one unit must be an affordable housing unit;
2. Three units, 33% or one unit must be an affordable housing unit; and
3. Four units or more, 25% of all units must be affordable housing units.
(b) Applicants shall identify the manner in which such affordable housing units will be provided, subject to approval as part of the special use permit
(Ord. passed 4-12-2016; Ord. passed 4-9-2024)
§ 154.2.109 WIRELESS COMMUNICATIONS FACILITIES STANDARDS.
(A) Purpose and intent.
(1) The purpose of this section is to establish standards for the siting of wireless telecommunication service facilities. The goals are to:
(a) Promote the general safety, welfare, and quality of life for county residents;
(b) Assure availability of wireless telecommunication and wireless broadband service to the public;
(c) Discourage the location of telecommunication towers greater than 100 feet in height in residential, historic and environmentally- sensitive areas;
(d) Encourage co-location on existing facilities, and on existing buildings and structures for low power local wireless broadband service; and
(e) Minimize adverse impacts, including visual impacts, on areas caused by tower/ monopole sites.
(2) Before new wireless communications facilities are constructed, and in order to minimize the need for new towers, it must be demonstrated to the satisfaction of the county that it is not feasible from either engineering or coverage bases to co-locate on existing buildings, structures, and towers.
(B) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA ARRAY. One or more whips, panels, discs, or similar devices under 20 feet height used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (whip, satellite dish), directional antenna (panel, microwave dish), and parabolic antenna (disc), but not including satellite earth stations. The antenna array does not include the support structure as defined in this section.
ATTACHED WIRELESS COMMUNI-CATIONS FACILITY (ATTACHED WCF). An antenna array that is attached or affixed to an existing building or structure (including but not limited to a utility pole, sign, or water tower), along with any transmission cables and accompanying pole or device that attaches or affixes the antenna array to the existing building or structure.
BREAKPOINT LENGTH. The distance from the designed breaking point to the top of the structure.
BREAKPOINT TECHNOLOGY. The engineering design of a tower, mast or monopole wherein a specified point on the structure is designed to have stresses concentrated so that the point is at least 5% more susceptible to failure than any other point along the structure so that, in the event of a structural failure, the failure will occur at the breakpoint rather than at the base plate, anchor bolts or any other point on the structure.
CO-LOCATION or COLLOCATION. Use of a common WCF or common support structure by two or more wireless communications license holders or by one wireless communications license holder for more than one type of communications technology, or, placement of a WCF on a structure owned or operated by a utility or other public entity, or placement of an attached WCF.
EQUIPMENT FACILITY. Any accessory structure used to contain ancillary equipment for WCFs, which may include cabinets, small shelters, pedestals, or other similar structures.
LOCAL WIRELESS BROADBAND SERVICE (LWBS). Low power wireless radio transmitting in the industrial science and manufacturing (ISM) bands as regulated by the FCC part 15 rules and regulations for wireless equipment, to provide access to the Eastern Shore of Virginia Broadband Authority fiber optic cable system of internet and data transmission services in all areas of the county, originating from area hubs via point-to- point and point-to-multipoint wireless connections to the end users.
LOW POWER TRANSMISSION. Transmitting under the FCC Part 15 regulation ISM radio bands. The ISM bands are defined by the International Telecommunication Union Regulations (ITU-R) in 5.138, 5.150, and 5.280 of the ITU Radio Regulations. FCC Part 15 controls power outputs and how unlicensed equipment should behave in these radio-bands.
SUPPORT STRUCTURE. Any structure designed and constructed specifically to support an antenna array, and may include a monopole, tower, mast, stayed mast and other similar structures. Any device used to attach an attached WCF to an existing building or structure shall be excluded from this and the following definitions.
(a) MAST. A vertical antenna support mounted on some other structure, which itself may be a tower, building or vehicle.
(b) MONOPOLE. A single self- supporting vertical pole structure that is attached to the ground, tapering from base to top and supporting a fixture designed to hold one or more antennas.
(c) NON-MONOPOLE TOWER. A vertical lattice structure, guyed or self-supporting, that is attached to the ground and designed to support antennas.
(d) STAYED MAST. A mast supported by stays or guy wires designed to support antennas.
WIRELESS TELECOMMUNICATIONS. Any wireless services as defined in the Federal Telecommunications Act of 1996 which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and other similar services that currently exist or that may in the future be developed.
WIRELESS COMMUNICATIONS FACILITY (WCF). Any unstaffed facility for the transmission and/or reception of wireless communications services, usually consisting of an antenna array, transmission cables, equipment facilities, and a support structure.
(C) Performance standards. The following performance standards shall be applied to all WCFs.
(1) Antenna arrays. Structure-mounted and roof-mounted antennas and related unmanned equipment may be developed subject to the performance standards below.
(a) An antenna array is permitted by right to co-locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower, water tower, or building, provided that the installation of the new facility does not increase the height of the existing structure by more than 20 feet, to a maximum of 199 feet, subject to the other standards included herein. Such installations shall not require a special use permit but shall require site plan approval by the county and shall be added to the county inventory of wireless facilities. Any increase in height of an existing structure greater than 20 feet shall require a special use permit; however, under no circumstances shall the total height of a structure exceed 199 feet.
(b) Satellite and microwave dishes attached to towers and monopoles shall not exceed six feet in diameter.
(c) Omnidirectional antennas shall be of a material or color which matches the exterior of the building or structure.
(d) Directional or panel antennas shall be of a material or color which matches the exterior of the building or structure.
(e) No commercial advertising shall be allowed on any antenna.
(f) Signals or lights or illumination shall not be permitted on any antenna unless required by the FCC, the Federal Aviation Administration (FAA), or any other state or federal authority.
(2) Support structures. WCF support structures requiring a special use permit shall comply with the performance standards below.
(a) Where technically and reasonably feasible, monopoles will be considered preferable to lattice structures.
(b) New support structures and equipment facilities shall be subject to the site plan review and approval requirements set forth herein. Approval of a site plan is required before a building permit is issued.
(c) Unless otherwise required by the FCC or the FAA, the proposed WCF shall harmonize with development in the vicinity with respect to color, lighting, materials, and architecture. In addition, the facility shall be located within the interior of the property and screened by any existing vegetation to the extent practicable.
(d) New support structures in excess of 150 feet in height shall be designed to accommodate at least three providers, but not so many as to necessitate a very tall, thick tower.
(e) The maximum height of a WCF shall be 199 feet.
(f) Support structures shall be designed to collapse within the lot lines or lease lines, if leased area does not conform to property lot lines, in case of structural failure.
(g) No signals, lights, or illumination shall be permitted on a tower or monopole, unless required by the FCC, the FAA, or other state or federal authorities.
(h) No commercial advertising or signs shall be allowed on a tower, monopole, or associated structures.
(i) No tower or monopole shall be located within a designated historic district.
(j) Applicants for a special use permit for any WCF greater than 100 feet in height shall demonstrate that they have complied with applicable regulations of the FCC and the FAA. A finding by the FAA that the proposed facility is not a hazard or obstruction to aviation shall be a condition for the issuance of any special use permit.
(k) To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state, and local building codes and regulations.
(l) The following setback requirements shall apply to all support structures:
1. Support structures greater than 100 feet in height, with or without breakpoint technology, must be set back from any off-site residential structure no less than 400 feet and set back from any property line a minimum of 150 feet.
2. Guy wires and accessory facilities must be set back a minimum of 25 feet from any property line.
3. Support structures between 50 feet and 100 feet in height which are allowed by right must be set back from any off site residential structure or property line no less than 110% of the height of the structure or 110% of the breakpoint length for a qualifying breakpoint technology structure.
4. Support structures between 50 feet and 100 feet in height which require a minor special use permit must observe the minimum setbacks for the zoning district in which they are located or 100% of the breakpoint distance for a qualifying breakpoint technology structure. If a structure is proposed to be located on a property situated adjacent to a property with a residence, an additional setback may be considered during the special use permit review process.
5. Support structures 50 feet or less in height must be setback from property lines at least 110% of the height of the structure.
6. If lesser setbacks than those stipulated above are desired, a special exception may be sought utilizing the minor special use permit process, including a reduction of the setback to zero when adjoining property owners do not object.
7. In instances where all adjoining property owners give written approval for the installation of a support structure under 100 feet in height, the setback may be reduced to zero without a special use permit.
(m) WCFs greater than 100 feet in height shall be enclosed by security fencing no less than eight feet in height and equipped with an appropriate anti-climbing device. The fence shall have a 24-hour emergency phone number posted. Support structures greater than 50 feet in height shall have anti-climbing shields installed and display industry-standard warning signs along with 24 hour emergency phone numbers.
(n) The following requirements shall govern the landscaping surrounding WCFs.
1. WCFs greater than 100 feet in height shall be landscaped and maintained with a buffer of plant materials that effectively screen the view of the support buildings from adjacent properties. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the facilities.
2. Existing vegetation may be removed only as authorized during the site plan review process to permit construction of the WCF and installation of vehicular and utility access.
(o) Noise generated by the facility shall be limited to 50 DBA above ambient levels except when a back-up generator is needed.
(3) Submission requirements. Applicants for a special use permit under this section shall submit the following information.
(a) Documentation in written and graphic form regarding the service area to be provided by the proposed WCF. This shall include propagation maps demonstrating that the facility, with co-location capabilities, is no higher in elevation than necessary.
(b) A scaled plan, a scaled elevation view, and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping and adjacent uses. The Zoning Administrator, the Planning Commission, or the Board of Supervisors may require other information to assess compliance with this chapter. Additionally, the applicant shall provide actual photographs of the site that include a simulated photographic image of the proposed tower. The photograph with the simulated image shall include the foreground, the midground, and the background of the site.
(c) An engineering report which includes a statement of justification for the proposed site selection. The Zoning Administrator may require a review by a professional licensed engineer of any of the information required above. The costs incurred by Northampton County for such review shall be paid by the applicant.
(d) The applicant must submit a written commitment to the county that they shall allow other wireless carriers to co-locate antennas and other wireless facilities on the proposed facility.
(e) Each applicant for a WCF shall provide to the Department of Planning and Zoning a comprehensive plan of its existing facilities in Northampton County, its anticipated facility needs, and probable future location sites. The Department of Planning and Zoning shall maintain an inventory of wireless facility sites and may share such information with other applicants applying for approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the locality, provided, however, that the Department of Planning and Zoning shall not, by sharing information, in any way represent or warrant that such sites are available or suitable.
(4) Applicants shall demonstrate a good-faith effort to co-locate with other service providers. Such demonstration shall include evidence of contact with all other licensed carriers operating in the county and written justification from said carriers and the applicant if co-location is not feasible. In the event that other carriers refuse to respond to the applicant, submittal of certified mail receipts and copies of correspondence shall be considered demonstration of good-faith effort. In determining the feasibility of co-location, the following factors will be considered.
(a) No existing towers or structures are located within the geographic areas required to meet applicant's engineering and coverage requirements.
(b) Existing towers or structures are not of sufficient height to meet applicant's engineering and coverage requirements.
(c) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antennas and related equipment.
(d) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e) The fees, costs, or contractual provision required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable objectively.
(f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(D) Removal of abandoned WCFs. A bond shall be required to assure removal of an obsolete WCF greater than 50 feet in height. Any antenna or tower that is not operated for a continuous period of 24 months shall be considered abandoned, and the owner of each such antenna or tower shall remove the WCF within 90 days of receipt of notice from Northampton County notifying the owner of such removal equipment requirement. REMOVAL is defined as leveling structures to the ground and legally removing the materials from the site. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The site shall be restored to its original condition after removal is complete.
(E) Required yearly report. The owner of each such WCF shall submit a report to the Northampton County Department of Planning and Zoning once a year, no later than July 1. The report shall state the current user status of the tower.
(F) Special use permit review. Each special use permit approved for a WCF shall be reviewed at least every three years. While no additional fees or public hearing shall be required, the applicant shall demonstrate to the satisfaction of the Zoning Administrator that a good faith effort has been made to cooperate with other providers to establish co-location at the tower site. Such cooperation shall include timely responses to co-location inquiries from other providers and sharing of technical information to evaluate the feasibility of establishing co-location. The owner/operator will also be evaluated for compliance over the period with any other terms and conditions of the special use permit.
(G) Provisions for amateur radio antennas. Amateur radio antennas are exempt from the portions of these regulations that pertain to co-location.
(Ord. passed 4-12-2016)
§ 154.2.110 DOMESTIC HUSBANDRY, TRADITIONAL HUSBANDRY AND INTENSIVE FARMING USES, FACILITIES, STRUCTURES AND BUILDINGS.
(A) Purpose and intent. The purpose of this section is to provide for the continued viability of Northampton County's agricultural sector by encouraging the orderly and responsible management of riding/boarding and equine training facilities, livestock, dairy, and poultry operations. This section establishes standards consistent with Virginia's "Right to Farm" legislation for the conduct of both intensive and non-intensive livestock operations in a manner that will be harmonious with other types of land uses. The U.S. Environmental Protection Agency recognizes that concentrated animal husbandry may have the potential to contribute pollutants such as nitrogen and phosphorus, organic matter, sediments, pathogens, heavy metals, hormones, antibiotics, and ammonia to the environment. Excess nutrients in water (i.e., nitrogen and phosphorus) can result in or contribute to low levels of dissolved oxygen, eutrophication, and toxic algal blooms. These excess nutrients can pose a direct threat to Northampton County's established aquaculture industry and must be managed responsibly.
Findings. The Board hereby finds that the standards in this section were established by considering their impact on the agriculture, aquaculture and tourism industries in the county, on the proximity of A/RB Districts to extensive surface water resources, and on the proximity of established residential villages, hamlets, and other rural neighborhoods to the A/RB Districts.
The Board further finds that one or more substantial impacts on the public health, safety, or welfare have been identified when these standards are set by this section.
These substantial impacts, and the thresholds and standards related thereto, are based upon the comprehensive plan, study and existing state standards.
In addition, the board finds that the thresholds and standards established herein are the minimum necessary in order to satisfy the relevant policies, goals, and objectives of the comprehensive plan without allowing the activities and structures permitted by this section to cause substantial impacts and thereby endanger the public health, safety, or welfare.
(B) Definitions. The following applicable definitions are in addition to those set forth in § 154.2.003.
AMMONIA SCRUBBERS. Machines utilized in intensive poultry facilities for the purpose of removing ammonia gases from the air discharged by confinement buildings that house poultry.
COMPOST SHED. Free standing buildings built for the purpose of stockpiling and composting carcasses of dead poultry.
MANURE STORAGE. Freestanding buildings built for the purpose of stockpiling and composting manure derived from intensive livestock facilities or intensive poultry facilities.
MATURE WOODLANDS. Land occupied by native trees and under-story vegetation of at least 20 years of age.
(C) Minimum requirements for traditional farm-based livestock husbandry. Livestock facilities shall be situated on five acres or more, excluding federally defined tidal and non-tidal wetlands.
(D) The minimum lot size for equine riding/boarding and training facilities shall be one acre per horse.
(E) Setbacks.
(1) Setbacks for domestic livestock husbandry.
(a) Accessory buildings must conform to standards already established in particular zoning districts.
(b) Livestock handling or containment areas shall be set back a minimum of 100 feet from any shoreline.
(c) Limits of pasture may extend to the landward edge of a Resource Protection Area as defined in this chapter.
(2) Setbacks for traditional farm-based livestock husbandry.
(a) Livestock structures shall be situated according to the following setbacks:
1. From a public road right-of-way: 100 feet.
2. From property lines: 100 feet.
3. From tidal waters, wetlands, and perennial streams: 150 feet.
(b) Livestock handling or containment areas and limits of pasture(s) shall be situated according to the following setbacks.
1. From a public road right-of-way: 0 feet.
2. From property lines: 10 feet.
3. From tidal waters, wetlands, and perennial streams: 100 feet
(3) Setbacks for CAFOs, AFOs and manure storage and compost structures. Facilities shall be situated according to the following setbacks:
(a) From a public road right-of-way: 1,000 feet.
(b) From the limits of an incorporated town or Town Edge District: 1,500 feet.
(c) From Villages, Waterfront Villages, Hamlet/Residential, Waterfront Hamlet/ Residential, Existing Cottage Community/Residential, and Existing Subdivision/Residential Districts: 1,500 feet.
(d) From any property line: 1,000 feet.
(e) From tidal waters: 2,000 feet.
(F) Minimum requirements for CAFOs.
(1) Compost sheds must be operational upon commencement of the facility operation.
(2) Manure storage must be operational at the commencement of the facility operation.
(3) An opaque perimeter screening as established in § 154.2.105(I), Landscape plan requirements and standards, shall be installed and maintained. This perimeter screening shall be opaque in all seasons of the year and upon maturity shall not contain any unobstructed openings from the ground level up to eight feet in height.
(G) Animal waste handling. All animal wastes must be contained so that none are allowed to enter a Resource Protection Area. All manure storage must be at least 1,000 feet from a property line.
(H) Lagoons. Lagoons to serve livestock compounds may be permitted with a special use permit.
(I) Submittals required. No CAFOs are permitted until the developer has submitted to the county the following: a Nutrient Management Plan, a Stormwater Management Plan and an Erosion and Sediment Control Plan, approved by the appropriate agencies. The County reserves its right to ensure any such plans are consistent with County Ordinances, including this chapter. In addition, the operator must submit for county approval, a Contingency Plan for fire response, emergency response, public health response and vector control.
(Ord. passed 4-12-2016)
§ 154.2.111 AGRICULTURAL IRRIGATION PONDS.
(A) Purpose and intent. The purpose of this section is to provide for the continued availability of surface waters for agriculture, horticulture and viticulture crop lands, and recreation while providing for the protection of the sole source aquifer and keeping excavation spoils in place.
(B) Requirement for any pond. A zoning clearance pursuant to requirements of § 154.2.040 herein shall be required for any dug or impounded pond to ensure that any land disturbance associated with pond installation is set back a minimum of 100 feet from the property lines of adjacent parcels. Any pond installation must comply with all applicable zoning requirements, even if deemed exempt from the requirements of the Northampton County Erosion and Sediment Control Ordinance.
(C) Agricultural irrigation ponds shall comply with the standards below:
(1) If the construction of the agricultural irrigation pond involves wetlands, a copy of any wetlands permits or approvals must be provided. Excavated material shall not be placed within wetlands or resource protection area features.
(2) A safety shelf at least 15 feet wide shall surround the perimeter of the pond. A safety shelf is an unobstructed level area from the edge of the pond to any property line, structure or vertical feature such as a wooded area or stockpile of excavated material.
(3) Pumps and mechanical equipment shall be placed in areas furthest away from adjacent non-agricultural district property lines.
(4) A waiver or exception must be obtained when a pond is proposed to be located within any of the resource protection area features as described in § 154.2.163 Chesapeake/Atlantic Preservation Areas (CAP).
(5) The edge of an agricultural irrigation pond shall be set back 100 feet from any property line, except that the setback may be reduced in the following manner:
(a) If the safety shelf is increased to 75 feet between the pond and property line, the setback to property where the safety shelf is provided is reduced to 75 feet.
(b) If a wooded area of 35 feet is provided between the pond and property line with a minimum 15 foot safety shelf, the setback to the property line in that area is reduced to 50 feet. The wooded area shall be in compliance with § 154.2.105 Landscape plan requirements and standards and designed to meet the density standards of a semi-opaque perimeter screening.
(c) If all stock piles of excavated soil shall be leveled and spread over the property in areas that are not resource protection area features or wetlands, or the excavated soil shall be properly removed in compliance with NCC Chapter 153: Erosion and Sediment Control and state mining regulations from the property, the setback is reduced to 25 feet with a minimum 15 foot safety shelf.
(d) If the agricultural irrigation pond involves two or more properties in which the owners share use and/or ownership of the pond, the setback is reduced to zero feet along the shared property line(s), provided that said shared use and/or ownership runs with the land and is reflected in a deed or deed of easement that is recorded in the Clerk's Office of the Circuit Court of Northampton County.
(Ord. passed 4-12-2016)
§ 154.2.112 GENERAL LIGHTING STANDARDS.
(A) Purpose and intent. The purpose of this section is to provide outdoor lighting standards that will improve safety, minimize glare and light trespass in order to preserve the county's rural character, maintain ease of astronomical viewing, reduce light interference with migratory birds, and conserve energy for businesses and residents of Northampton County.
(B) Applicability. Except as provided in division (G), all installations of commercial, industrial, and residential outdoor lighting fixtures and the replacement of existing outdoor lighting fixtures shall meet the requirements of this section. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of a fixture. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, shall not constitute replacement and shall be permitted provided such changes do not result in a higher lumen output.
(C) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUTOFF. A fixture that emits no more than 2.5% of its light above 90 degrees and no more than 10% above 80 degrees from horizontal. (Illuminating Engineering Society of North America definition)
FULL CUTOFF. A fixture that emits 0% of its light above 90 degrees and no more than 10% above 80 degrees from horizontal. (IESNA definition)
GLARE. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted.
ILLUMINANCE. The amount of luminous flux per unit of area. Illuminance is measured in foot candles.
LIGHT TRESPASS. Light that falls beyond the property it is intended to illuminate.
LUMEN. Unit of luminous flux; used to measure the amount of light emitted by lamps.
MAINTAINED ILLUMINANCE LEVEL. A percentage of the initial illuminance level reported as part of the photometric plan.
OUTDOOR LIGHTING FIXTURE. The complete lighting assembly, less the support assembly.
SEMI-CUTOFF. A lighting fixture that emits no more than 5% of its light above 90 degrees and no more than 20% above 80 degrees from horizontal. (IESNA definition)
(D) Outdoor lighting standards.
(1) Shielding standards.
(a) All nonexempt outdoor lighting fixtures with an initial output greater than or equal to 7,000 lumens shall be full cutoff.
(b) All nonexempt outdoor lighting fixtures with an initial output of less than 7,000 lumens may be semi-cutoff, cutoff, or full cutoff.
(c) All outdoor lighting fixtures that have semi-cutoff, cutoff, or full cutoff restrictions shall be installed and maintained in such a manner as to be horizontal to the ground so that the cutoff characteristics of the fixture are maintained.
(d) Beyond the cutoff requirements set forth in division (D)(1)(a) through (c) above, all light fixtures shall be located, aimed, or shielded so as to minimize light trespass across property boundaries. Where applicable, all commercial installations shall utilize shielding to minimize light trespass on residential properties.
(2) Maximum maintained illuminance levels. No outdoor lighting shall be installed to exceed the maximum maintained illuminance levels recommended by the Illuminating Engineering Society of North America (IESNA) for the designated activity. When no maximum level is defined by IESNA, no lighting shall be installed to exceed 175% of the minimum maintained illuminance levels as recommended by the IESNA for the designated activity unless otherwise permitted in this code.
(3) Off-site spill. In no case shall lighting exceed 0.5-foot candles above background when measured at the lot line of the illuminated property.
(4) Reduced lighting levels. Lighting levels shall be reduced to applicable security levels as set forth by IESNA within 30 minutes after the end of the business activity.
(5) Exterior lighting. All exterior lighting sources, including but not limited to lighting for parking, access drives, walkways, gasoline canopy lighting, and internally and externally illuminated signs shall be designed, located, and arranged so as not to direct light on adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5-foot candles.
(E) Special uses.
(1) Recreational sports facilities lighting. Outdoor lighting fixtures shall be designed and installed to direct light onto the primary playing area and to minimize light pollution and light trespass. Fields must be lighted only while in use. Direct illumination is confined to within the property lines of the recreational use. Illumination must cease within one hour of the event conclusion.
(2) Service station canopies. The maximum maintained illuminance level is 35-foot candles.
(3) Outdoor advertising signs. Externally illuminated signs shall be lighted from the top down, and lighting shall be directed to minimize glare and light spill to non-sign areas.
(4) Facade lighting. Shielded and directional fixtures are required and must be installed and aimed so as to minimize glare, sky glow and light trespass.
(5) Flag lighting. Shielded and directional fixtures are required and must be installed and aimed so as to minimize glare, sky glow and light trespass.
(F) Photometric light plans. Photometric light plans shall be required if there is outdoor illumination over 100,000 lumens, drawn at the same scale as the site plan. A photometric light plan may be required for outdoor illumination of 100,000 lumen or less at the discretion of the Zoning Administrator for a plan of development, site development plan, zoning map amendment, special use application or building permit application. The requirements for photometric light plans are as follows:
(1) A photometric light plan shall be prepared by a lighting professional who is certified by the National Council on Qualifications for the Lighting Professions (NCQLP), or a state licensed professional engineer and shall contain the following information:
(a) The location on the premises of all lighting fixtures, both proposed and existing on the site, including a schematic layout of proposed outdoor lighting fixture locations that depict intensities and uniformity, and the light coverage resulting from the proposed lighting layout.
(b) Description of all lighting fixtures, both proposed and existing, which shall include but are not limited to catalog cuts and illustrations by manufacturers that describe the equipment, including lamp types, wattages and initial lumen outputs, angle cut-off light emissions and glare control devices, lamps, switching devices, and proposed placement of all fixtures, including engineering detail of fixtures, manufacturer, model, and installation of same.
(c) Proposed hours of operation.
(d) The provision for adequate measures to mitigate nuisance from light pollution and unsafe glare to both on-site and off-site uses.
(e) A site plan drawn to scale showing building(s), landscaping, parking areas and proposed exterior lighting fixtures.
(f) The location of all post, canopy, supports and light fixtures (including the height of each fixture and for any building, structure, parking, display and loading areas).
(g) All pole mounted and building mounted fixtures and a numerical 25- foot by 25-foot grid of lighting levels, in foot-candles, that the fixtures will produce on the ground (photometric report). The photometric report will indicate the minimum and maximum foot candle levels within the lighted area of the site.
(2) The photometric plan shall include a maintenance schedule.
(3) Two hard copies and one electronic copy of the photometric light plan shall be submitted to the Zoning Administrator for review and approval. The review and approval shall be conducted following the same process as provided for a plan of development.
(4) Plan requirements. Upon written request with justification, the Zoning Administrator may modify submission requirements of division (F) (1) above, if it is determined that some information is not necessary for the adequate review of the photometric plan.
(G) Exemptions. The following shall be exempt from the requirements of this section:
(1) Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations, or other federal, state, or county agencies.
(2) Temporary holiday lighting fixtures, provided that such fixtures do not cause disabling glare.
(3) Motion activated light fixtures located as follows:
(a) On lots developed with private residential dwellings when such lighting fixtures emit initial lighting levels of 6,000 lumens or less, are extinguished within five minutes upon cessation of motion and are aimed such that the lamp or light bulb portion of the lighting fixture is not visible at five feet above the property boundary; or
(b) On all other lots when such lighting fixtures are aimed such that the lamp or light bulb portion of the lighting fixture is not directly visible at five feet above the property boundary.
(4) On lots developed with private residential dwellings, outdoor lighting fixtures with initial light outputs of 2,000 lumens or less. A 2,000 lumen output is the approximate light level produced with a 100-watt incandescent light bulb.
(Ord. passed 4-12-2016; Am. Ord. passed 11-15-2023)
§ 154.2.113 STANDARDS FOR WIND TURBINES AND WINDMILLS FOR ON-SITE RESIDENTIAL OR COMMERCIAL PRODUCTION AND USE.
(A) Purpose and intent. The Board of Supervisors finds and declares that:
(1) Wind energy is a renewable energy resource that contributes to the national goals of energy independence, and the development of this energy resource is consistent with the Northampton County Comprehensive Plan.
(2) Small wind turbines, turbines, and windmills if not properly sited and developed, have the potential for causing adverse impacts to wildlife, and health, safety and quality of life for county residents.
(3) In order to protect the general safety and welfare of Northampton County residents, the standards and conditions of this section must be met before any wind turbine or windmill may be approved or constructed for on-site residential, institutional, commercial or farm use.
(B) Definitions. For the purpose of this section, the following definitions shall apply.
ANEMOMETER. An instrument which measures the wind speed and may transmit wind speed data to the controller.
FALL ZONE. Furthest distance from the tower base in which a wind turbine will collapse in the event of a structural failure.
HYBRID SYSTEM. An energy system that uses more than one technology to produce energy (for example a wind/solar system).
kW. Kilowatt.
MW. Megawatt.
RATED NAMEPLATE CAPACITY. The maximum rated output of electric power production equipment. The output is typically specified by the manufacturer with a "nameplate" on the equipment.
ROTOR DIAMETER. The diameter of the circle described by the moving blades.
SHADOW FLICKER. The visible flicker effect when rotating blades cast shadows on the ground and nearby structures causing the repeating patterns of light and shadow.
SMALL WIND TURBINES. A system with a rated capacity of not more than 10 kW for residential use and not more than 100 kW for other uses and used solely for onsite use of electrical power.
SURVIVAL WIND SPEED. Maximum speed a small wind turbine or windmill is designed safely to withstand.
TOTAL HEIGHT. The highest point, above ground level, reached by the highest vertical extension of the blade, including the tower height.
TOWER. The structure on which the small wind turbine or windmill is mounted.
TOWER HEIGHT. The height above grade of the fixed portion of the tower, excluding the rotor blades.
WIND POWER. Conversion of wind energy into another form of energy.
WINDMILL. A machine designed to convert the energy of the wind into more useful forms using rotating blades to turn mechanical machinery to do physical work, such as crushing grain or pumping water.
(C) Use regulations. No small wind turbines or windmills shall be constructed, modified or operated in Northampton County except in compliance with this section.
(1) Small wind turbines and windmills of less than 35 feet in total height are allowed by right in all districts, subject to the performance standards in subsection (D) below.
(2) Small wind turbines, and windmills of 36 feet to 120 feet in total height require a minor special use permit as indicated in Appendix A, use regulations, and are subject to the performance standards in subsection (D) below.
(D) Performance standards. The following performance standards related to health, safety and welfare of the community apply to small wind turbines and windmills as noted and related infrastructure, unless specifically waived as part of a permit:
(1) Small wind turbines and windmills are accessory uses.
(2) All small wind turbines and windmills, including the electrical and mechanical components, shall conform to relevant and applicable local, state and national safety and performance codes, including, but not limited to the Uniform Statewide Building Code and National Electrical Code.
(3) A building permit is required for the installation of any small wind turbine or windmill.
(4) All power transmission lines from a small wind turbine or windmill to any building or other structure shall be located underground to the maximum extent practicable.
(5) No advertising signs are allowed on any part of a small wind turbine or windmill and associated facilities.
(6) No tower shall be lit except to comply with FAA requirements.
(7) Tubular, monopole towers shall be used whenever practicable.
(8) Small wind turbines and windmills shall be designed and installed to minimize impacts of land clearing and the loss of open space areas.
(9) Small wind turbines and windmills shall be located so as to prohibit shadow flicker on off-site residential structures.
(10) Noise from a small wind turbine or windmill shall not exceed 50 decibels as measured at the closest property line.
(11) Small wind turbines and windmills shall be painted a single, non-reflective, non-obtrusive color.
(12) Small wind turbines and windmills shall have both a manual and an automatic braking, governing or feathering system to prevent uncontrolled rotation, over speeding and excessive pressure on the tower structure, rotor blades and turbine components.
(13) Towers shall be designed to prevent unauthorized external access to electrical and mechanical components.
(14) The survival wind speed shall be at least 115 miles per hour.
(15) All small wind turbines and windmills will be UL approved for the U.S. grid system if they are to be connected to the grid.
(16) The lowest point of any blade will be a minimum distance of 12 feet from the ground.
(17) No more than one small wind turbine or windmill shall be allowed per parcel in all districts with the exception of the Agriculture/Rural Business District, in which more than one may be allowed.
(18) If a small wind turbine or windmill remains nonfunctional for a continuous period of two years, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned structure at his/her own expense. Removal includes the entire structure, including foundations to below natural grade, and transmission equipment.
(E) Setbacks, densities, lot sizes, and dimensions for small wind turbines and windmills.
(F) Submission requirements. Applicants for a minor special use permit for a small wind turbine or windmill shall submit, in addition to any other requirements as specified in § 154.2.042(B)(1)(b), the following:
(1) A vertical drawing of the small wind turbine or windmill showing total height, turbine dimensions, tower and turbine colors, and distance between ground and lowest point of any blade.
(2) A plot plan in sufficient detail to show the following:
(a) Property lines and physical dimensions of site.
(b) Location, elevation, approximate dimensions, and types of major existing structures, including all residences, ancillary facilities or structures and uses on site, public roads and adjoining property lines within distance of total height.
(c) To demonstrate compliance with set-back requirements of subsection (E), a circle drawn around the proposed tower location equal to 1.2 times the total height.
(d) A line drawing of electrical components of the small wind turbine or windmill in sufficient detail to demonstrate compliance with the National Electrical Code, including the presence of an automatic turn off in the event of an electrical failure and a disconnect switch accessible to utility workers.
(Ord. passed 4-12-2016)
§ 154.2.114 METEOROLOGICAL TOWER REGULATIONS AND PERFORMANCE STANDARDS.
(A) Use regulations. No MET tower may be constructed within Northampton County except by a special use permit within the Agricultural/Rural Business District (A/RB) issued pursuant to this section.
(B) Maximum period of special use permit. As a MET tower is intended to be a temporary structure, no special use permit shall be issued for a period that exceeds 24 months.
(C) Procedure. In addition to the application materials required under § 154.2.042(B)(1)(a), the following materials must be submitted:
(1) Engineering specifications of the MET tower to be installed.
(2) Drawing showing the vertical dimensions of the MET tower.
(3) Drawing showing the location of all structures, residences, forested areas, wetlands and waterways within 500 feet of the property line where the MET tower will be located.
(D) Performance standards:
(1) The maximum height of the MET tower from the ground level to the top of the tower (including instrumentation) shall not exceed 199 feet.
(2) A MET tower shall not have any more electricity-generating capacity than is necessary to sustain its use and data transmission operations.
(3) The minimum setback for a Met tower is three times the maximum height (as defined in (D) (1) above) from the nearest property boundary line and/or utility line.
(4) No lighting other than that required by FAA regulation shall be permitted to be located on the MET tower. Throughout the life of the MET tower, compliance is required with all current FAA regulations within six months of promulgation, or sooner if required by the FAA.
(5) Signs on the MET tower shall be limited to those needed to warn of any danger.
(6) MET towers shall be located in a manner that minimizes land clearing and/or fragmentation of forested areas.
(7) MET towers shall be maintained in good condition and shall have the structure inspected by a professional engineer at least once every 12 months. The results of the facility inspection shall be submitted to the Zoning Administrator within 30 days of the inspection report's receipt by the applicant or facility owner. Ongoing maintenance shall include, but not be limited to, painting, structural integrity of the foundation, all equipment and support structures and security barriers (if applicable), and landscaping if present.
(8) Notice shall be provided to the Zoning Administrator within 30 days of any change in ownership of the facility.
(9) In the event that guy wires are utilized, bird flight diverters shall be placed at spaced intervals along the length of multiple wires in a manner designed to minimize bird impacts.
(10) One acoustic bat detector (ABD) shall be placed on the MET tower at least 30 meters above the ground, and one ABD shall be placed on the MET tower between one and one-half meters and three meters above the ground.
(E) Abandonment, discontinuation of use or expiration of special use permit. Within 90 days of abandonment, discontinuation of use or expiration of the special use permit, the applicant or his/her successor (and if neither is available, then the property owner) shall physically remove the MET tower and all associated equipment, machinery, etc. from the site, properly dispose of any solid or hazardous waste materials in accordance with state and federal regulations, and restore the location to its natural condition prior to the project installation.
(F) Enforcement. If the MET tower is not removed in accordance with subsection (E) above, the Board of Supervisors may authorize the Zoning Administrator to enter the site and procure removal of the MET tower. The applicant must post a form of surety prior to construction in the amount necessary for the removal of the structure in accordance with subsection (E) above. The surety, in the form of bond, letter of credit, or escrow account, must be submitted to the Zoning Administrator and shall be fully inclusive of the costs associated with MET tower removal.
(Ord. passed 4-12-2016)
§ 154.2.115 STANDARDS FOR WIND ENERGY FACILITIES, WIND ENERGY TEST FACILITIES, AND WIND TURBINES, LARGE AND UTILITY-SCALE.
(A) Purpose and intent. The Board of Supervisors of Northampton County finds and declares that:
(1) Wind energy is a renewable energy resource that contributes to the state and national goals of energy independence, and the development of this energy resource is consistent with the Northampton County Comprehensive Plan.
(2) Wind turbines, if not appropriately sited and developed, have the potential for causing adverse impacts to wildlife, soils, transportation systems, recreation and tourism activities, property values and the health, safety and quality of life of Northampton County residents.
(3) The location of a wind energy test facility would comply with the Northampton County Comprehensive Plan by promoting economic development through the creation of technology related employment.
(4) In order to protect the general health, safety and welfare of Northampton County residents, the standards and conditions of this section must be met before any wind turbine and/or wind energy facility may be approved or constructed.
(B) Use regulations. No wind energy facility, wind energy test facility, or wind turbine, large scale and/or utility scale not part of wind energy facility or wind energy test facility, shall be constructed, reconstructed, modified or operated in Northampton County except pursuant to a special use permit approved in compliance with this section. Any special use permit issued for a wind energy facility or a wind energy test facility shall include authorization for the construction and operation of all the wind turbines within such facility, provided that each such wind turbine complies with the performance standards established by this section.
(C) Performance standards. The following performance standards apply to all wind energy facilities, wind energy test facilities and wind turbines, large scale and utility scale whether or not part of a wind energy facility or wind energy test facility, and related infrastructure (for purposes of this section, any place where WIND TURBINE is used refers to large scale and utility scale wind turbine.) Each wind turbine within a wind energy facility and/or wind energy test facility must meet performance standards within this section:
(1) All wind energy facilities, wind energy test facilities and wind turbines, including but not limited to their associated electrical and mechanical components, shall conform to relevant and applicable local, state and national codes, including, but not limited to, safety and performance codes.
(2) A building permit is required prior to the initiation of construction of any and each portion of a wind energy facility or a wind energy test facility.
(3) If a wind turbine remains nonfunctional or inoperative for a continuous period of one year, the operator shall continually monitor and maintain the wind turbine so as to prevent deterioration and creation of a hazardous situation. In the event that any wind turbine becomes inoperable as a result of damage to the structure or housing, or as a result of a technical malfunction, the operator of the facility shall, within 60 days, provide to the Building Department an explanation for the inoperable condition, together with a plan and schedule for the repair or removal of the wind turbine.
(4) All power transmission lines from the wind energy test facility and/or a wind energy facility and each wind turbine to any building or other structure shall be located underground to the maximum extent practicable.
(5) No advertising signs are allowed on any part of a wind energy facility, a wind energy test facility and/or wind turbine and associated structures, equipment and facilities.
(6) No wind turbine tower shall be lit except to comply with FAA requirements. For wind energy facilities and wind energy test facilities, minimum security lighting for ground-level facilities shall be allowed as approved on the site plan. Security lighting shall be designed to minimize light pollution and impacts to neighboring properties, including the use of light hoods, low glare fixtures, and directing lights at the ground.
(7) Monopole towers shall be used for all wind turbines. All tower structures will be designed to meet the specifications of a licensed professional engineer.
(8) Wind energy facilities, wind energy test facilities, and wind turbines shall be located so as to minimize the impacts of land clearing and the loss of open space areas.
(9) Wind energy facilities, wind energy test facilities and wind turbines shall be located and/or operated so as to limit shadow flicker on off-site residential structures, but in no event shall shadow flicker exceed 25 minutes per day.
(10) Wind turbines shall be placed so that structures housing animals and/or humans are not located within the fall zone. A dedicated risk analysis will be carried out to demonstrate public and individual safety.
(11) Noise from a wind turbine shall not exceed 55 decibels as measured at the closest property line.
(12) Wind turbines shall be painted a single, non-reflective, non-obtrusive color such as gray or similar shades. This provision may be waived if necessary to protect avian resources. Wind turbines as part of a wind energy facility shall be painted in an identical color.
(13) All wind turbines shall have both a manual and an automatic braking, governing or feathering system to prevent uncontrolled rotation, over speeding and excessive pressure on the tower structure, rotor blades and turbine components.
(14) Wind turbines shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.
(15) Individual wind turbines within a wind energy facility shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the area, to reduce visual impact by providing reasonable uniformity in overall size, geometry and rotational speeds. No lettering, company insignia, advertising or graphics shall be on any part of the tower, hub or blades.
(16) The minimum distance between the ground and the lowest point of the blades shall be 75 feet.
(17) Consistent with Zoning Code sign regulations, warning signs for expected dangers shall be posted at all wind energy facilities, wind energy test facilities and wind turbines. At least one sign shall be posted at the base of the tower warning of electrical shock and high voltage. A sign shall be posted at the base of each tower containing emergency contact information, including a local telephone number with 24-hour, 7 days per week coverage. Accurate maps of the underground facilities shall be provided to the local public safety agencies, including, but not limited to the Northampton County Building Inspector and the Northampton County Sheriff's Department and the appropriate Fire and Rescue Departments.
(18) Any damage to local roads from the construction vehicle traffic related to the project shall be repaired by the applicant.
(19) Wind energy facilities and wind energy test facilities shall be located, designed, and constructed in such a manner as to minimize adverse impacts to fish, wildlife, or native plant resources, including fish and wildlife habitat, migratory routes, and state or federally-listed threatened or endangered fish, wildlife, or plant species and operated in accordance with the conditions of the special use permit (SUP).
(20) The use of guy wires is prohibited on wind turbines.
(21) No wind turbine shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce interference with signal transmission or reception. No wind turbine shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that a wind turbine is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy electromagnetic interference is grounds for revocation of the special use permit for the specific wind turbines or wind energy facilities causing the interference.
(22) No wind turbine shall be installed in any location where its proximity to existing airports, airfields, or airstrips would interfere with the continued use of such airport, airfield or airstrip. A Federal Aviation Administration (FAA) Determination of No Hazard to Air Navigation (DNH) shall be required for all structures that have a height of 200 feet or more from ground level.
(23) Wind energy facilities and wind energy test facilities shall be located in a manner consistent with all applicable local, state and federal regulations, including, but not limited to, wetlands laws and regulations, stormwater runoff and erosion control regulations, and hazardous waste disposal regulations.
(24) Any soils compacted during construction of a wind turbine shall be decompacted to a depth of 18 inches and vegetation shall be re-established at the soonest planting date for cover crops.
(25) One acoustic bat detector (ABD) shall be placed on wind turbines at least 30 meters above the ground, and one ABD shall be placed on wind turbines between one and one-half meters and three meters above the ground.
(26) Any MET Towers/METMASTs installed as part of a wind energy facility or wind energy test facility shall comply with the performance standards set forth in § 154.2.114 herein.
(D) Setbacks, densities, lot sizes, and dimensions for wind turbines -large scale and utility scale.
(1) The maximum wind turbine height (large scale and utility scale), including but not limited to any wind turbine within a wind energy facility or wind energy test facility, shall not be subject to any restrictions by this or any other section of this chapter.
(2) The maximum height for a METMAST within a wind energy test facility is 550 feet. All other requirements for MET Towers under § 154.2.114 shall apply to METMASTs within a wind energy test facility.
(3) The minimum setback distance between a wind turbine (large scale and utility scale) and overhead utility or transmission lines, other wind turbines, electrical substations, public roads, and property lines for properties not part of a wind farm shall be no less than one and one-half times the wind turbine height or 600 feet, whichever is greater. The setback requirement from the closest property lines of adjacent and other properties shall be no less than 1.25 mi/6600 feet. An exemption to the setback requirement for property lines may be granted by the Board of Supervisors only by an agreement, through the execution of a legally binding publicly recorded document that runs with the land, between the proponent and adjacent and other property owners with property lines which are within a radius of 1.25 mi/6600 feet of the wind turbine.
(4) In the event that a wind energy facility or a wind energy test facility is composed of more than one parcel of land, the setback provisions of this chapter shall not apply to abutting parcel where they share a common boundary, and shall only apply where the boundary of a parcel which is a part of such facilities abuts a parcel which is not a part of such facilities.
(E) Submission and processing requirements.
(1) Wind energy facilities, wind energy test facilities, and wind turbines, large scale and utility scale. In addition to the requirements set forth in § 154.2.042, applicants for a special use permit for a wind energy facility, wind energy test facility, and wind turbine (large scale and utility scale) not part of a wind energy facility or wind energy test facility shall submit the following information.
(a) The applicant shall submit a site plan prepared by a licensed surveyor or engineer in sufficient detail to show the following:
1. Property lines and physical dimensions of the parcel where the wind turbine will be located as well as any adjacent parcels.
2. Location, approximate dimensions, and types of major existing structures and resources, including but not limited to residences, businesses, community, government and educational facilities, aviation resources, cultural resources, and natural resources, on the parcel where the wind turbine will be located and on adjoining properties at least within 1,000 feet of the boundaries of the proposed project site.
3. Location and elevation of each proposed wind turbine.
4. Location of all above ground utility lines, transformers, power lines, interconnection point with transmission lines, and other ancillary facilities or structures on the site.
5. Location and size of structures above 35 feet within a radius of no less than one and one-half times the height of the proposed wind turbine(s).
6. The zoning designation of the subject and adjacent properties as set forth in this chapter.
7. To demonstrate compliance with the setback requirements of this section, a circle drawn around each proposed tower location with a radius equal to one and a half times the wind turbine height.
8. Location of residential structures within a radius equal to three times the wind turbine height of each proposed tower.
9. Location of all proposed facilities, including access roads, electrical lines, substations, storage or maintenance units, and fencing.
(b) A noise analysis by a licensed acoustical engineer documenting the noise levels expected to be associated with the proposed wind turbine(s) shall be submitted as part of the application. The study shall document projected noise levels at property lines and at the nearest residence not on the site. The noise analysis shall provide pre-existing ambient noise levels and include low frequency noise and vibration projections and potential impacts. The noise analysis shall provide supporting information to demonstrate compliance with the noise performance standards for wind turbines.
(c) A fire protection and emergency response plan prepared in consultation with local emergency officials, including but not limited to, the Northampton County Sheriff's Department.
(d) A construction plan including the commencement and completion dates. Such plan shall include routes to be used by construction and delivery vehicles, and the gross weight and height of the maximum delivery vehicle.
(e) The applicant shall conduct and submit a study on potential impacts from blade damage and blade throw, including delineation of blade throw impact zone.
(f) The applicant shall submit sufficient information on the wind turbine's design to demonstrate compliance with wind loading requirements by means of providing a copy of the wind turbine's design certificate.
(g) The applicant shall conduct and submit a study on potential shadow flicker. The study shall identify locations where shadow flicker may be caused by the wind turbines and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and describe measures that shall be taken to eliminate or mitigate the problems, including reduction of wind turbine operations during shadow flicker periods.
(h) The project shall meet the National Telecommunications and Information Administration (NTIA) study process and obtain a determination of "No Objection".
(i) The applicant shall submit a dust control plan to be utilized during construction.
(j) The applicant shall submit a vertical drawing of the wind turbine showing wind turbine height, blade dimensions, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors. One drawing shall be submitted for each wind turbine of the same design.
(k) Lighting plan showing any FAA-required lighting and other proposed lighting. The application should include a copy of the determination by the Federal Aviation Administration to establish required markings and/or lights for the structure, but if such determination is not available at the time of the application, no building permit for any lighted facility may be issued until such determination is submitted.
(l) List of property owners, with their mailing addresses, within 1,500 feet of the boundaries of the proposed project site for notification purposes.
(m) Decommissioning plan. The applicant shall submit a decommissioning plan, which describes the anticipated life of the project, the cost for removal, evidence of decommissioning funds (bond, insurance, or other guarantee), and the plans for restoring the soils and vegetation on the site after removal of the wind turbine. Require the applicant to annually provide the Board of Supervisors annually with evidence of sufficient decommissioning funds, in the form of a performance bond or surety bond, to allow the county, at no cost to itself, to remove the project in the event that the applicant fails to comply with its decommissioning plan.
(n) The applicant shall provide the county with copies of all studies and information related to birds and bats that are required to be prepared for any other governmental agencies.
(o) The applicant shall provide photo-simulations of proposed wind energy facilities from at least three different locations, as determined by the county, in order to illustrate views of the project from property lines, roadways and sensitive receptors (natural areas, recreational areas, etc.) so that visual impacts can be determined.
(p) The applicant shall conduct balloon testing after the submission of the official application at the proposed wind energy facility location for at least two wind turbines. Balloons shall be placed at each site for at least four hours and flown at a height equal to the proposed wind turbine height. The balloon testing date and time shall be advertised in a newspaper of local circulation at least two weeks prior to the actual testing date.
(2) Upon receipt of a special use permit application for a wind energy facility, wind energy test facility, and/or large scale and utility scale wind turbines, the county shall notify the Department of Defense Energy Siting Clearinghouse and the Department of Defense Regional Environmental Coordinator (DOD REC) Region 3, in addition to other requirements set forth in § 154.2.042 herein.
(F) Approval of special use permit for wind energy facilities, wind energy test facilities and/or large scale and utility scale wind turbines. In conjunction with the approval of a special use permit for a large scale or utility scale wind turbine, the Board of Supervisors may:
(1) Establish a period of time, not to exceed five years, during which construction of the facility must begin and after which the special use permit shall no longer be valid, if such construction has not begun. For purposes of this subsection (F) (1), construction will be considered to have begun once an application for a building permit has been submitted in connection with the facility.
(2) Condition approval of a special use permit, as to any part of the subject property for which a plat of subdivision has been recorded, on the vacation of any such recorded plat of subdivision, if vacation is necessary due to rights of ways, easements, or other rights created by the plat of subdivision which would be in conflict with the proposed facility. If the Board of Supervisors so conditions the special use permit, the subdivision agent of the Board of Supervisors shall consent to such vacation upon delivery to the subdivision agent of a written instrument in compliance with VA Code § 15.2-2271, as amended, and with any other requirements of law.
(3) Allow for the phased development of a wind energy facility and wind energy test facility.
(4) Require the applicant or operator of a wind energy test facility to engage in or allow third party academic researchers to engage in research and studies on the impacts to avian and bat resources and mitigation measures for those impacts from wind turbines.
(5) Require the applicant to provide the Board of Supervisors with a report on the operations and maintenance of the wind energy facility and wind energy test facility on an annual basis, including any changes in ownership or operator responsibility.
(Ord. passed 4-12-2016)
§ 154.2.116 STANDARDS FOR CERTAIN AGRICULTURAL USES.
(A) Minimum standards for agritourism activities shall be as follows:
(1) Agritourism activities associated with an agricultural operation shall be conducted upon an active agricultural operation owned or operated by the agritourism professional.
(2) Comply with Chapter 98: Noise of the NCC.
(3) Agritourism activities shall provide recreation, entertainment and education through activities that usually and customarily occur on and are directly associated with Virginia agricultural operations which include, but are not limited to, the following activities: agricultural museum and displays, barn dances, biking trails, bird watching, micro-breweries, canning produce demonstrations, canoeing, corn mazes, cut flowers (picking, arranging, and planting), cut-your-own Christmas tree and evergreens, farm cooking contests, farm festivals, farm related "how-to" clinics, farm scavenger hunts, farm tours for children and families, farm visits (a day or a week on the farm: living, working, enjoying), fee-fishing pond (fishing, cleaning, and cooking), flower arranging workshops, haunted barns, hay wagon rides, heirloom plant and animal exhibits, herb walks, heritage trails, hiking paths (walking, identifying vegetation, determining a tree's age, picnicking), historic reenactments (associated with farm life), jam- and jelly-making demonstrations, meeting barnyard animals (participating in educational programs focusing on each animal: shear the sheep, milk the "demonstration" cow, or participate in "cattle college"), orchards and pick-your-own (picking, sitting, picnics under the trees), oyster shucking contest, plant a garden, pony and horseback riding, pumpkin patch (picking, painting, carving, and buying), quilting/weaving exhibitions, sorghum milling, stargazing, storytelling/story swaps, straw bale maze, vegetable contests, Virginia Standards of Learning and the farm, winemaking and tasting and wineries.
(4) Parking and loading needs generated by the agritourism activities shall be met on the same lot or parcel where agritourism activities are being conducted or otherwise provided for in a manner consistent with public safety.
(5) Vehicular parking shall not be allowed on any public streets or within one hundred (100) feet of any residence, except for a residence located on the property of the agritourism activities.
(6) Traffic generated by agritourism activities shall comply with the Virginia Department of Transportation standards and regulations.
(8) It shall be the responsibility of the agritourism professional to maintain and post required signs specified by the VA Code § 3.2-6400 et seq.
(9) It shall be the responsibility of the agritourism professional to comply with all applicable state and federal regulations which specifically include, but are not limited to the following: VA Code § 4.1 - 200 et seq. of the Alcoholic Beverage Control Act, VA Code § 3.2 - 5100 et seq. Food and Drink, VA Code Title 58.1 Taxation and VA Code.
(B) Minimum standards for the sale of agricultural products.
(1) Sale of agricultural products from a farm market or private resident shall be permitted as an integral part of an active agricultural operation owned or operated by the same person or entity conducting the sale of agricultural products.
(2) Sales of agricultural products from farm stands shall be permitted as a separate use in other zoning districts as designated in the list of permitted uses provided for each zoning district and are not required to be an integral part of an active agricultural operation owned or operated by the same person or entity conducting the retail sales of agricultural products from the farm stand.
(3) Sale of agricultural products may include the sale of value added agricultural products and agricultural-related products when sold from a farm market. Sale of agricultural products may include value added agricultural products when sold from a farm stand.
(4) Parking and loading needs generated by the sale of agricultural products shall be met on the same lot or parcel where agricultural products are being sold or otherwise provided for in a manner consistent with public safety.
(5) Vehicular parking shall not be allowed on any public streets or within 100 feet of any residence, except for a residence located on the property of the agritourism activities.
(6) Traffic generated by the sale of agricultural products shall comply with the Virginia Department of Transportation standards and regulations.
(7) Signage associated the sale of agricultural products shall comply with § 154.2.190 et seq. Signs.
(8) It shall be the responsibility of the owners or operators of the agricultural operation to comply with all applicable state and federal regulations which specifically include, but are not limited to the following: VA Code § 4.1 - 200 et seq. of the Alcoholic Beverage Control Act, VA Code § 3.2 - 5100 et seq. Food and Drink, VA Code Title 58.1 Taxation and VA Code.
(Ord. passed 4-12-2016)
§ 154.2.117 ACCESSORY DWELLINGS.
(A) An accessory dwelling shall not be counted as a unit when calculating density, but shall be counted as a part of the principal single-family dwelling unit to which it is subordinate as one total unit, contingent upon it being designed, located, constructed and maintained in compliance with the following standards:
(B) General standards for all accessory dwellings.
(1) The accessory dwelling shall be located on the same lot as the principal single-family dwelling to which it is accessory and the principal single-family dwelling may be constructed before or after the issuance of a permit for the accessory dwelling the setbacks that apply to principal structures and buildings shall apply;
(2) The accessory dwelling shall be limited to a maximum of two bedrooms;
(3) Only one accessory dwelling shall be permitted for each detached principal single-family dwelling and shall not be permitted accessory to a multi-family dwelling;
(4) The accessory dwelling shall be owned by the same owner as the detached principal single-family dwelling to which it is accessory and the owner shall reside in the detached principal single-family dwelling or the accessory dwelling;
(5) The accessory dwelling shall be served by a water supply and septic system approved by the Virginia Department of Health;
(6) The accessory dwelling shall be constructed in compliance with the Virginia Uniform Statewide Building Code residential standards and shall be issued a certificate of occupancy as a dwelling prior to occupancy; and
(7) A minimum of one off-street parking space beyond what is required for the detached principal single-family dwelling shall be provided.
(C) An accessory dwelling shall be created through one of the following construction methods and shall meet the following standards specific to each method as defined below. If more than one method is used to create an accessory dwelling unit, the most restrictive standard shall apply.
(1) An internal conversion within a portion of an existing principal single-family dwelling or existing accessory structure or the total conversion of an existing accessory structure to create an accessory dwelling.
(a) The size of the accessory dwelling shall not exceed 50% of the gross heated floor area of the existing detached principal single-family dwelling calculated prior to the internal conversion to create an accessory dwelling.
(b) When the conversion is within an existing detached principal single-family dwelling, setback and height regulations for principal structures shall apply.
(c) When the conversion is within an existing accessory structure, setback and height regulations for accessory structures shall apply.
(2) An external attachment, connection or addition to an existing principal single-family dwelling or existing accessory structure to create an accessory dwelling.
(a) The size of the accessory dwelling shall not exceed 50% of the gross heated floor area of the existing detached principal single-family dwelling calculated prior to the external attachment, connection or addition to create an accessory dwelling.
(b) When the accessory dwelling is attached, connected or added to the existing principal single-family dwelling, setback and height regulations for principal structures shall apply.
(c) When the accessory dwelling is attached, connected or added to the existing accessory structure, setback and height regulations for accessory structures shall apply.
(3) Construction of an accessory dwelling within, attached, connected or added to a new detached principal single-family dwelling included in the initial design and construction or construction of a new detached accessory dwelling.
(a) The size of the accessory dwelling shall not exceed 50% of the gross heated floor area of the detached principal single-family dwelling calculated excluding area which are designated to an accessory dwelling having an external entrance not shared with the area designated to the detached principal single-family dwelling.
(b) Setback regulations for principal structures shall apply.
(c) When the accessory dwelling is within, attached, connected or added to a new detached principal single-family dwelling, height regulations for principal structures shall apply.
(d) When a new detached accessory dwelling is constructed, height regulations for accessory structures shall apply.
(4) Changing the use of an existing principal dwelling into an accessory dwelling and constructing a new principal single-family dwelling.
(a) The size of the accessory dwelling shall not exceed 50% of the gross heated floor area of the new principal single-family dwelling.
(b) Setback and height regulations for principal structures shall apply to the new principal single-family dwelling.
(Ord. passed 4-12-2016; Amendment adopted 5-9-2017)
§ 154.2.118 ADDITIONAL SINGLE-FAMILY DWELLINGS ON ONE LOT.
If the dwelling cannot be designed, located, constructed and maintained in compliance with § 154.2.117 Accessory Dwellings, it shall not be considered an accessory dwelling, but may be considered an additional single-family dwelling on one lot if it is designed, located, constructed and maintained in compliance with the following standards:
(1) Additional single-family dwellings on one lot shall comply with the density regulations for the zoning district in which it is to be located. Each single-family dwelling unit on one lot shall be one unit used in the density calculation;
(2) Additional single-family dwellings on one lot shall be served by separate and independent infrastructure including, but not limited to, a water supply and septic system approved by the Virginia Department of Health;
(3) An additional single-family dwelling on one lot shall be located and separated from other single-family dwellings with their accessory structures a distance equal to the minimum required setbacks as if property lines existed between the additional single-family dwelling and other single-family dwellings with their accessory structures and shall be laid out in such a manner as to permit subdivision into separate lots as provided for in Chapter 156: Subdivision; and
(4) If a property containing additional single-family dwellings seeks approval for one or more of the single-family dwellings to be subdivided from the base parcel, the applicant shall first seek approval of a preliminary subdivision plat and phasing plan for the subdivision of all single-family dwellings located on the base parcel. After the approval of a preliminary subdivision plat and phasing plan has been obtained, one or more of the single-family dwellings located on the base parcel may be subdivided individually in compliance with the approved preliminary subdivision plan and phasing plan.
(Ord. passed 4-12-2016)
§ 154.2.119 EVENT VENUE.
All event venues shall comply with the minimum standards below:
(1) This use shall only be permitted by special use permit in specified zoning district on parcels having a minimum lot size of five acres;
(2) The maximum number of guests, hours of operation and perimeter screening may be required as part of the special use permit approval;
(3) No overnight accommodations shall be permitted as part of an event venue, but may be approved as a separate use on the property;
(4) All parking needs generated by this use must be accommodated on-site except as permitted in § 154.2.205 Off-street Parking and Loading et seq.;
(5) Solid waste generated by the event venue shall be stored in a manner that prevents the propagation, harborage or attraction of insects and rodents or other nuisance conditions and shall be removed at least once every seven days by a licensed solid waste hauler;
(6) If portable toilets are provided for temporary use, then they shall be approved by the Virginia Department of Health;
(7) Setbacks for parking shall be 100 feet from adjacent residential zoning districts and 200 feet from any dwelling except dwellings on the premises;
(8) Setbacks for any outdoor event activities shall be 300 feet from adjacent residential zoning districts and 400 feet from any dwelling;
(9) All permanent structures and buildings associated with the event venue shall be constructed in compliance with the Virginia Uniform Statewide Building Code requirements for such a use and obtain a certificate of occupancy for such a use;
(10) Temporary structures and buildings such as tents and stages are permitted and shall be constructed in compliance with the Virginia Uniform Statewide Building Code requirements for such a use;
(11) The number of required parking spaces and other parking performance standards established in § 154.2.205 Off-street Parking and Loading et seq. shall be documented on a site plan;
(12) Traffic generated by the event venue shall not exceed conditions placed on the approval of the special use permit by the Northampton County Board of Supervisors and Virginia Department of Transportation;
(13) Noise generated by the event venue shall comply with the standards set forth in NCC Chapter 98: Noise Ordinance;
(14) Outdoor lighting shall comply with the standards set forth in § 154.2.112 General lighting standards;
(16) The event venue may be served by a water supply and septic system approved by the Virginia Department of Health for this specific use; and
(17) Food service associated with the event venue shall be approved by the Virginia Department of Health.
(Ord. passed 4-12-2016)
§ 154.2.120 SHORT TERM RENTAL.
All short term rentals shall comply with the minimum standards below:
(A) All parking needs generated by this use shall be limited to one parking space per bedroom plus one additional space ro must be accommodated on-site.
(C) The number of occupants shall be limited to three people per bedroom. The number of bedrooms is listed on the Northampton County property record card.
(D) All dwellings used as a short term rental unit must have installed smoke alarms. The smoke alarms shall be in the following locations:
(1) In each sleeping room.
(2) Outside each separate sleeping area in the immediate vicinity of the bedrooms.
(3) On each additional story of the dwelling, including basements and habitable attics.
(E) noise limits shall be in accordance with Chapter 98 NOISE.
(F) Owner shall complete, submit and pay fees associated with the business license in Northampton County only. Owner shall complete and submit transient occupancy tax form and pay taxes for short term rental located in Town of Cape Charles and Northampton County per Chapter 33 FINANCE AND TAXATION, Transient Occupancy Tax, §§ 33.075 through 33.084.
(G) Short term rental is prohibited in structures that are not dwellings as defined in § 154.2.003.
(H) Short term rentals shall not be used as an event venue unless permitted as such.
(Ord. 2018-05, passed 4-9-2019)
§ 154.2.121 RECYCLING YARD.
Recycling yards shall comply with the minimum standards below:
(A) A solid fence or wall not less than ten feet in height in the front of the property and continuing on both sides toward the rear of the property for a distance of 25 feet. The solid fence or wall shall be not less than seven feet in height for the remainder of the perimeter enclosure.
(B) The wall or fence of the outdoor storage area shall be of solid, 100% opaque construction of wood, masonry or other similar material approved in writing by the Zoning Administrator.
(C) All recycling yards shall comply with the following:
(1) Storage area shall be placed or maintained within the required setback.
(2) All fencing shall be installed in a professional and workmanlike manner, and maintained in good condition.
(D) All tires not mounted on a vehicle shall be neatly stacked or placed in racks. No garbage or other putrescent waste, likely to attract vermin, shall be kept on the premises. Gasoline, oil, or other hazardous materials which are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable federal, state and local regulations. These regulations are in addition to all other regulations of the Commonwealth of Virginia and the County.
(Ord. 2019-04, passed 2-11-2020)