Northampton County Unincorporated
City Zoning Code

OVERLAY DISTRICTS

§ 154.2.160 DISTRICTS ESTABLISHED.

This subchapter contains special overlay districts which supplement the other regulations of this chapter. Overlay districts established herein include: Historic Preservation District (HP); Chesapeake/ Atlantic Preservation District (CAP); Highway Corridor District (HC); Airport Protection District (AP); and US 13 Corridor District (US13CD).

(Ord. passed 4-12-2016)

§ 154.2.161 HISTORIC PRESERVATION DISTRICT (HP).

(A) Purpose and intent. The purpose of this Historic Preservation Overlay District is to promote appreciation for and protection of the character and heritage of the villages, towns and countryside of Northampton County by preserving and enhancing historic districts and their gateways, buildings, structures, places and areas (historic properties) that have special historical, cultural, architectural or archeological significance, consistent with VA Code §§ 15.2-2283, 15.2-2284, and 15.2-2306. Specifically, the HP regulations are designed to:

(1) Preserve and improve the quality of life for residents of Northampton County and the historic quality of neighborhoods by protecting historic properties;

(2) Educate residents and visitors about Northampton County's cultural and historic heritage and foster a sense of pride in this heritage;

(3) Strengthen Northampton County's economic base and promote tourism by protecting historic properties that enhance the quality of Northampton County's villages, towns and countryside and that are attractive and interesting to visitors;

(4) Stabilize and raise property value by providing incentives for upkeep and rehabilitation of property;

(5) Recognize that the destruction or alteration of historic properties or encroachment upon them may cause the permanent loss of resources that are of great value to the people of Northampton County;

(6) Provide incentives and controls to encourage preservation of Northampton County's historic heritage and to ensure that losses are avoided when possible;

(7) Encourage uses that will lead to the continuance and improvement of historic properties in a manner appropriate to the historic heritage of Northampton County.

(B) Historic Preservation Districts. Historic Preservation Districts are hereby created and shall be referred to herein as HP Districts. Such HP Districts may be created in the manner described in this section when the Board of Supervisors determines that a site is of architectural or historic significance to the county and should be perpetuated for the general welfare of the county.

(1) The HP District may be applied in the following situations:

(a) Building or structures officially designated by the Virginia Board of Historic Resources;

(b) Buildings or structures within the county having an important historic, architectural, archeological or cultural interest and recommended by the county's Historic Review Board (HRB) as being worthy of HP designation;

(c) Historic areas within the county as defined by VA Code § 15.2-2201 and recommended by the HRB as being worthy of HP designation.

(2) Any area in which a structure or group of structures having an important historical, architectural or cultural interest is located may be designated a HP District if it meets one or more of the following criteria:

(a) Is associated with persons, events, activities or institutions significant to the nation, to the Commonwealth of Virginia, or to Northampton County;

(b) Contains buildings whose exterior design or features embody the distinctive design characteristics of one or more historic eras, styles, materials, or construction methods, or exemplify the work of a master;

(c) Reflects the cultural, political, economic, social, architectural or historical heritage of the towns, hamlets, current and former settlement areas, and villages of Northampton County;

(d) Contains qualities that significantly contribute to present-day knowledge and understanding of lifestyles, activities, events or experiences of a previous era;

(e) Is likely to yield information to history or prehistory.

(3) Regulations within the HP District are intended to:

(a) Protect against destruction of or encroachment upon such historic landmarks and to encourage their use in such a way as to promote their continuance, conservation and improvement in a manner appropriate to the preservation of the cultural, social, economic, political, architectural, or archaeological heritage of the county;

(b) Prevent creation of environmental influences adverse to such purposes;

(c) Assure that new buildings, structures, and uses within an HP District will be in keeping with the character to be preserved and enhanced.

(4) Identifying HP Districts:

(a) Potential HP Districts may be identified by the HRB, by individual citizens, by community groups, by the Northampton County Planning Commission or the Northampton County Board of Supervisors or by the Board of Historic Resources. The HRB may encourage local groups of Northampton County citizens to identify their own villages, towns or neighborhoods as HP Districts, where appropriate;

(b) Once a potential HP District is identified, application forums and directions for their completion may be obtained from the HRB. Applications must include the location and boundaries of the proposed district, a description of the District, a statement of significance, a list of properties within the district and the owner of each, and other information required by the HRB. Maps and photographs should be included that define the boundaries and illustrate the significance of the proposed district;

(c) A completed application for the creation of a HP District will be submitted to the HRB for review. The Historic Review Board will review the application with VDHR;

(d) A public meeting will be held to review and evaluate each HP District application. Notice of the public meeting will be posted on each property within the proposed HP District at least ten days prior to the meeting. After the conclusion of the public meeting and public comment period, the HRB will report its recommendation and submit the application to the Northampton County Planning Commission and Board of Supervisors, in keeping with the process of review established under VA Code § 15.2-2204, as amended.

(5) Boundary delineation:

(a) The boundaries of a HP District will be drawn to include all lands specifically related to and bearing on the character of the historic property and/or area. The boundaries will be sufficiently large to provide a landscape unit and afford transitional area needed to control potentially adverse influences and to ensure that the context of the historic property and district, and its features, are protected. Such boundaries may include both sides of a street where appropriate to accomplish the preservation objective;

(b) The boundaries of an HP District designating a historic landmark shall be delineated on the official zoning map.

(6) Amending the HP District boundaries and regulations:

(a) Amendments to the provisions of this section, as well as to any HP District boundary, including the delineation of any new HP District, shall be in accordance with procedures for other text and/or map amendments to this chapter.

(b) The HRB may propose to the Planning Commission and/or the Board of Supervisors such amendments as deemed appropriate, including the establishment of HP Districts and revisions to existing HP District boundaries. Upon receipt of such proposal, the Board of Supervisors or the Planning Commission may initiate such amendment;

(c) The Planning Commission, in cooperation with the HRB, shall prepare and submit a report to substantiate the proposed amendment. Such report shall propose HP District boundaries as well as document the historic and/or architectural significance of the building, structures or sites to be protected;

(d) The Planning Commission's report may include, but is not limited to, recommended detailed regulations to be applied within the District and to supplement or modify general regulations set forth herein. Such detailed regulations may include permitted and prohibited principal and accessory uses and structures, minimum lot and yard requirements, maximum lot coverage by all buildings, maximum height of structures, off-street parking and loading requirements, control of signs and exterior illumination, control of exterior character of buildings and sites when visible from a public way only, and control of additions to or removal of existing buildings where such controls and regulations are only for the express purpose of preventing changes which are architecturally incompatible with the historic landmark to be preserved.

(7) It is further the intent of this section that in the identification of historic landmarks, in delineating any HP District on the zoning district map, and in the administration of this section, the Board of Supervisors and the Planning Commission shall seek and obtain the advice and assistance of the Virginia Historic Landmarks Commission and the HRB, which is created herein, and other organizations or individuals qualified by interest, training and experience in achieving the objectives set forth.

(C) Action by Board of Supervisors. In considering the adoption or creation of, and the amendment to, an HP District, the Board of Supervisors will give significant consideration to the statements and recommendations of the Virginia Historic Landmarks Commission, as well as the HRB and the Planning Commission. Appeals of decisions to create or amend an HP District shall be to the Circuit Court of Northampton County.

(D) Historic Review Board.

(1) Creation. A Historic Review Board (HRB) is created to administer this overlay district. The HRB is created pursuant to the authority of VA Code § 15.2-2306, for the purposes set forth in the Code of Virginia and in this section. The HRB shall consist of six members to be appointed by the Board of Supervisors.

(2) Membership. The HRB members shall:

(a) Be residents of Northampton County;

(b) Have a demonstrated interest in and knowledge of the historic character of Northampton County;

(c) If possible, at least two members should meet the Secretary of the Interior's Professional Qualifications Standards for history, archeology, architectural history, architecture or historic architecture;

(d) At least one member shall be appointed from the Planning Commission upon recommendation to the Board of Supervisors by the Planning Commission;

(e) If possible, one member shall be a licensed real estate broker, one shall be a licensed architect, and one shall be a practicing attorney with membership in the Virginia Bar;

(f) Two shall be citizens-at-large.

(3) Administration.

(a) HRB members shall be appointed for a term of four years. Initial appointments shall be three members for four years and three members for two years. The term of the Planning Commission member shall be concurrent with his/her appointment to the Planning Commission.

(b) The HRB shall elect from its own membership a Chairperson, a Vice-Chairperson and a Secretary, who shall serve annual terms and may succeed themselves.

(c) The HRB shall meet as needed, but not less than twice a year. Special meetings of the HRB may be called by the Chairperson or by two members upon written request to the Secretary. The Secretary shall mail to all members of the HRB, at least five days in advance of a special meeting, a written notice fixing the time and place of the meeting and the purpose thereof. Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting, or if all members are present at the special meeting or file a written waiver of notice. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the HRB. The HRB may make, alter, or rescind rules and forms for its procedures consistent with the ordinances of the county and the general laws of the state. HRB members are required to exempt themselves from voting on any action in which their financial interests or those of their immediate family are directly involved.

(4) Responsibilities. The HRB shall give counsel to the Planning Commission, the Board of Supervisors and/or the agent designated by the Board of Supervisors on rezonings, special use requests, development plans, permits, and approval requests, regarding historic resources. In addition to the aforementioned duties and powers, the HRB shall have the following duties:

(a) To assist and advise the Board of Supervisors, the Planning Commission, and other county departments and agencies in matters involving historically significant sites and buildings, such as appropriate land usage, parking facilities and signs;

(b) To advise owners of historic landmarks, buildings or structures on problems of preservation;

(c) To propose from time to time, as deemed appropriate, the establishment of historic districts and revision of the existing historic districts;

(d) To identify, develop, and implement positive incentives to encourage maintenance, rehabilitation and reuse of historic properties that recognizes and perpetuates their historic significance;

(e) To develop mechanisms for identifying historically significant surplus publicly-owned structures and creating incentives for adaptive reuse that will return them to positive use;

(f) To sponsor and encourage public information activities to publicize historic preservation efforts, disseminate information on historic preservation benefits, issues, and concerns. Activities may include, for example, open houses, walking tours, speeches, brochures, public meetings, press releases, and films;

(g) To conduct or cause to be conducted a continuing survey of historic properties in Northampton County according to guidelines established by Virginia Department of Historic Resources;

(h) To maintain and develop inventories of historic properties in Northampton County;

(i) To advise Northampton County residents about measures that they may take to preserve the historic character of their structures, districts, towns and villages;

(j) To act in an advisory role to other officials and departments of Northampton County government regarding protection and enhancement of historic properties, including providing advice and recommendations on particular projects and developments;

(k) To review all proposed National Register nominations for properties within the boundaries of Northampton County. If the review of a nomination normally would involve a professional discipline not represented on the HRB, the HRB must seek appropriate advice before rendering its decision;

(l) To review projects and developments that may change the historic character of a HP District and report findings;

(m) To formulate necessary administrative procedures and requirements for such certificates;

(n) To develop specific guidelines for each HP District that delineate specific criteria for the approval of certificates of appropriateness;

(o) To prepare an annual report on its activities, recommendations for future historic preservation priorities, concerns and actions, and the status of historic preservation within Northampton County;

(p) To formulate recommendations concerning the establishment of a system of markers for selected historic sites and buildings, including proposals for the installation and care of such historic markers;

(q) To coordinate local historic preservation efforts, cooperate with and enlist assistance from the Virginia Department of Historic Resources, the National Trust for Historic Preservation, the Commission, and other interested parties both public and private in its efforts to preserve, restore and conserve historic and/or aesthetic landmarks, buildings, sites or areas in the county; and

(r) To employ secretarial assistance and pay salaries, wages and other incurred necessary expenses, pursuant to appropriations by the Board of Supervisors.

(5) Training.

(a) Each HRB member shall attend at least one informational or educational meeting per year pertaining to work and functions of the HRB relevant to historic preservation. The training must be approved in advance by the Virginia Department of Historic Resources. The Virginia Department of Historic Resources may waive this requirement in exceptional circumstances in the case of any individual member, so long as a majority of members receive such training in any year.

(b) The Virginia Department of Historic Resources will make orientation materials and training available to the HRB. The materials provided by the Virginia Department of Historic Resources will be designed to provide a working knowledge of the roles and operations of federal, Virginia, and local preservation programs.

(E) Criteria for making recommendations and evaluating projects in HP Districts. In making its recommendations and determining whether a proposed building or structure, including signs, may be erected, reconstructed, altered or restored within the HP District, the HRB should evaluate, at a minimum:

(1) The historic and architectural significance of the resource;

(2) The value and use of the structures involved and those in the vicinity;

(3) Compatibility with and effects on the surrounding properties and the historic district as a whole, including historic landmarks, buildings, and structures;

(4) Whether or not the proposed project would set a precedent that would impact other properties in the district;

(5) Whether the proposed project imposes inordinate hardship on the landowner/applicant;

(6) The anticipated impact, if any, of the proposal on the county's tourist industry;

(7) Whether the proposed project conforms to the criteria set forth by the Secretary of the Interior's Standards for the Treatment of Historic Properties (1992);

(8) Whether the applicant's proposals are architecturally compatible with the motif and character of the HP District;

(9) Whether the project is in keeping with the overall character of the HP District;

(10) Whether the height, proportion, openings, spacing, roofs, walls, fences, landscaping, and scale of the proposed work are compatible with the HP District;

(11) Whether the materials, textures, and colors planned for use are compatible with the character of the HP District;

(F) Additional Regulations. Within an HP District, the following additional regulations shall apply:

(1) Demolition, exterior alteration. No officially designated historic landmark, building, or structure within an HP District shall be razed, demolished, removed, or altered in exterior architectural features or appearance, including the placement of signs, until a certificate of approval is issued by the Board of Supervisors, acting upon the advice of the HRB.

(2) Moving or relocation. No officially designated historic landmark, building or structure within an HP District shall be moved or relocated where such moving is detrimental to the public interest or where such relocation would be obviously incongruous to the historical aspects of the structure and/or the historic district unless the same is approved by the Board of Supervisors, acting upon the advice of the HRB.

(3) Uses permitted. Within an HP District, the uses allowed shall be the same as provided for within the respective underlying zoning district.

(4) Lot regulations. Lots or portions of lots existing in historic districts may be combined, but no existing lot, or combination of lots, parcels, or portions thereof, in single ownership at the time of district creation shall be reduced in width, depth, or area.

(5) Height regulations. Height regulations shall be in accord with those governing the underlying zoning district and use, except that no heights shall exceed those of any historic landmarks already in the HP District.

(G) Off-street parking. Off-street parking regulations shall be in accord with those governing the underlying zoning district and use, except that no required off-street parking or loading space shall be located in any required front yard. It is the intent of this regulation to permit off-site parking where on-site parking would have an adverse effect on appearance, by the provision of such off-site parking in grouped facilities in interior parking lots, courts or at other appropriate locations which will be convenient for users, reduce interference with pedestrian and vehicular traffic, and promote public safety.

(H) Exterior signs. All regulations pursuant to §§ 154.2.190 et seq. applicable to the underlying zoning district and use shall be adhered to. No sign shall be permitted except for advertising to or informing the public of service, business, occupation, or profession conducted on, in, or about the premises.

(I) Permits; action by Zoning Administrator and Building Official. The Building Official shall not issue a permit for any erection, reconstruction, exterior alteration, restoration, demolition, or razing of a building or structure in a HP District until the same has been approved by the HRB, or the Board of Supervisors on appeal, following the procedures set forth hereafter. Upon receipt of an application for a permit in the Historic District, the Building Official shall act in accordance with the following procedures.

(1) He/she shall forward to the HRB a copy of the application for such a permit, together with a copy of the site plan, building plans and specifications filed by the applicant.

(2) He/she shall maintain in his/her office a record of all such applications and of his/her handling and final disposition of the same.

(3) He/she shall require applicants to submit a sufficient number of additional copies of material required to permit compliance with the foregoing.

(J) Material to be submitted for review. Submission of the following shall be made in connection with any application in the HP District: architectural plans, site plans, landscaping plans, proposed signs with appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structures with important relationships to public view (with indications as to visual construction materials, design of doors and windows, colors and relationships to adjoining structures), drawings or product information on windows, doors, siding materials, paints, and such other exhibits and reports as are necessary for their determinations. The submission of any of these materials may be waived by the Zoning Administrator or the HRB only if such material is clearly not germane to the application and the material would not assist at all in the review of the application.

(K) Decision of the Historic Review Board.

(1) If the HRB, on the basis of the review of information received from the applicant and any other sources, decides against the granting of a permit, it should indicate to the applicant the changes in plans and specifications, if any, which in the opinion of the HRB would be necessary to ensure architectural compatibility so as to protect and/or preserve the historical aspects of the HP District.

(2) The HRB shall submit to the Board of Supervisors in writing and within 60 days after receipt of the application its counsel concerning the appropriateness of authorizing a permit for the erection, reconstruction, exterior alteration, restoration, razing or demolition, or relocation of all or a part of any building or other structures within the historic district.

(L) Appeals.

(1) Any person or persons jointly or severally aggrieved by any decision of the HRB may appeal such decision to the Board of Supervisors. The Board of Supervisors' determination shall be based upon whether the proposed action is architecturally compatible with the historic landmarks, building and/or structures in the historic district.

(2) Any person or persons jointly or severally aggrieved by any decision of the Board of Supervisors may appeal such decision to the Circuit Court of Northampton County for review by filing a petition at law setting forth the alleged illegality of the action of the Board of Supervisors, provided that such petition is filed within 30 days after the final decision is rendered by the Board of Supervisors. The filing of such petition shall stay the decision of the Board of Supervisors if such decision denies the right to raze or demolish a historic landmark, building, or structure. The court may reverse or modify the decision of the Board of Supervisors, in whole or in part, if it finds upon review that the decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the Board of Supervisors.

(3) In addition to the rights of appeal stated above, the owner of a historic landmark, building or structure, the razing or demolition of which is subject to the provisions of this section shall, as a matter of right, be entitled to raze or demolish such landmark, building or structure, provided that:

(a) The owner has applied to the Board of Supervisors for such rights;

(b) The owner has for the period of time set forth in the time schedule hereinafter contained and at a price reasonably related to its fair market value made a bona fide offer to sell landmark, building or structure, and the land pertaining thereto, to any purchaser who gives reasonable assurance that the owner is willing to preserve and restore the landmark, building or structure and the land pertaining thereto;

(c) No bona fide contract shall have been executed for the sale of any such landmark, building or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained; and

(d) The offer to sell and any offers to buy shall be publicly advertised.

(4) Any appeal which may be taken to the Circuit Court for Northampton County from the decision of the Board of Supervisors shall not affect the right of the owner to make the bona fide offer to sell as referred to above. No offer to sell shall be made more than one year after a final decision by the Board of Supervisors, but thereafter the owner may renew his/her request to the Board of Supervisors to approve the razing or demolition of the historic landmark, building or structure. The time schedule for offers to sell shall be as follows:

(a) Three months when the offering price is less than $25,000;

(b) Four months when the offering price is $25,000 or more but less than $40,000;

(d) Six months when the offering price is $55,000 or more but less than $75,000;

(e) Seven months when the offering price is $75,000 or more but less than $90,000; and

(f) Twelve months when the offering price is $90,000 or more.

(M) Incentives.

(1) The HRB will identify information regarding incentives to encourage individual property owners, citizen groups, and communities to carry out historic preservation and restoration that meets the Secretary of the Interior's Standards and Guidelines for Historic Preservation (appropriate renovation or restoration).

(2) The HRB will include a section on incentives in their annual report and present their recommendations to the Board of Supervisors for implementation.

(Ord. passed 4-12-2016)

§ 154.2.162 AIRPORT PROTECTION DISTRICT (AP).

(A) Creation and application of the District. The Airport Protection (AP) District is created as an overlay district to be superimposed on other zoning districts, pursuant to VA Code §§ 15.2-2283, 15.2-2284, and 15.2-2294. The provisions of the AP District supplement and are in addition to the provisions of the underlying zoning districts.

(B) Intent. It is the intent of the AP District to protect the safety of air navigation and the public investment in air navigation facilities by preventing the development of activities in the vicinity of airports which could be hazardous to air navigation.

(C) AP District defined. The Airport Protection District (AP) shall be areas on the ground lying beneath the airport approach surfaces, airport horizontal surfaces and airport transitional surfaces and airport horizon.

(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIRPORT APPROACH SURFACE. The airport approach surface is an imaginary surface existing at both ends of a runway. The surface shall begin at the end of the runway with a width of 250 feet and extend outward for a distance of 5,000 feet to a width of 1,250 feet. The centerline of the surface shall slope upward from the edge of the runway one foot vertically for each 20 feet of distance horizontally.

AIRPORT ELEVATION. The highest elevation of the airport runway which for zoning purposes shall be considered the elevation of every point on the runway.

(a) Two hundred fifty feet, centered on the runway centerline for runways limited to use by propeller driven aircraft of 12,500 pounds maximum gross weight and less;

(b) Five hundred feet, centered on the runway centerline for all other runways.

AIRPORT HORIZONTAL SURFACE. The airport horizontal surface is an imaginary horizontal surface bounded by a radius of 5,000 feet measured from all points on the runway centerline between the ends of the runways. The airport horizontal surface is at a height of 150 feet above the airport elevation.

AIRPORT RUNWAY. For all runways, the width for zoning purposes shall be at least:

AIRPORT TRANSITIONAL SURFACES. The airport transitional surfaces are imaginary surfaces on each side of the runway. They slope upward and outward seven feet horizontally for each foot vertically beginning at the sides of the runway width and at the same elevation as the runway and the approach surfaces and extending to a height of 150 feet above the airport elevation.

(E) Uses and structures prohibited in the AP District.

(1) No use shall be conducted within the AP District in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots, impair visibility, or in any way create a hazard or endanger the landing, take off or maneuvering of aircraft intending to use the airport.

(2) No structure or tree shall be erected, altered, or allowed to grow so as to penetrate the airport approach, horizontal, or transitional surfaces.

(F) Helicopters and heliports. Helicopters may use an approved airport in the AP District. Heliports for the exclusive use of helicopters may be permitted in the AP District, provided the facility meets the design criteria of Part 77 of the Federal Aviation Regulation, U.S. Department of Transportation, as amended.

(G) Establishment of AP Districts. AP Districts shall only be established or modified by the Board of Supervisors as a map amendment to this chapter as provided for elsewhere in this chapter.

(Ord. passed 4-12-2016)

§ 154.2.163 CHESAPEAKE/ATLANTIC PRESERVATION AREAS (CAP).

(A) Title. This chapter shall be known and referenced as the Chesapeake / Atlantic Preservation Areas (CAP) of Northampton County.

(B) Findings of fact. The Chesapeake Bay and Atlantic Ocean, along with their tributaries, is one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of Northampton County and the Commonwealth of Virginia. The health of the Chesapeake Bay and Atlantic Ocean is vital to maintaining Northampton County's economy and the welfare of its citizens.

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

(C) Purpose and intent. This chapter is enacted to implement the requirements of VA Code § 62.1-44.15:67 et seq. The intent of the Board of Supervisors and the purpose of the CAP is to:

(1) Protect existing high quality state waters;

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

(3) Safeguard the clean waters of the Commonwealth from pollution;

(4) Prevent any increase in pollution;

(5) Reduce existing pollution;

(6) Promote water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of Northampton County; and

(7) Promote water quality because of its positive impacts upon the health of Northampton County's citizens and economy.

(8) The CAP shall be in addition to and shall overlay all other zoning districts where they are applied so that any parcel of land lying in the CAP shall also lie in one or more of the other zoning districts provided for by the Zoning Code.

(D) Areas of Applicability. This chapter shall apply to all lands identified in the CAP's as designated by the Board of Supervisors and shown on the general CAP map.

(1) The Resource Protection Area (RPA) includes:

(a) Tidal wetlands; (see Appendix A);

(b) Water bodies with perennial flow;

(d) Non-tidal wetlands connected by surface flow and contiguous to water bodies with perennial flow;

(e) Tidal shores and beaches;

(f) Coastal primary sand dunes, including beaches (see Appendix B); and

(g) A 100-foot vegetated buffer area located adjacent to and landward of the components listed in the subsections (D)(1)(a)-(f) above and along both sides of any water body with perennial flow.

i. The buffer is an area located adjacent to and landward of the components listed in the subsections above and along both sides of any water body with perennial flow.

ii. To minimize the adverse effects of human activities on the other components of Resource Protection Areas, state waters, and aquatic life, a 100-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be maintained if present and established where it does not exist.

iii. The full buffer area shall be designated as the landward component of the RPA.

iv. The 100-foot buffer area shall be deemed to achieve a 75% reduction of sediments and a 40% reduction of nutrients.

(2) The Resource Management Area (RMA) is composed of all land in the Northampton County which is not designated as an RPA.

(3) The CAP map shows the general location of RPAs and should be consulted by persons contemplating activities within Northampton County prior to engaging in a regulated activity.

(4) Areas designated as redevelopment areas shall comply with all erosion and sediment control requirements and the performance standards for redevelopment in NCC § 154.2.163(M).

(E) Use Regulations. Permitted uses, special permit uses, accessory uses, and special requirements shall be as established by the underlying zoning district, unless modified by the requirements set forth herein.

(F) Lot Size. Lot size shall be subject to the requirements of the underlying zoning district(s), provided that any lot shall have sufficient area outside the RPA to accommodate an intended development, in accordance with the performance standards in NCC § 154.2.163(M), when such development is not otherwise allowed in the RPA.

(G) Conflict with Other Regulations. In any case where the requirements of this chapter conflict with any other provision of the Northampton County Zoning Code and / or other regulations or existing state or federal regulations, whichever imposes the more stringent restrictions shall apply.

(H) Interpretation of Resource Protection Area Boundaries. Delineation by the applicant. The site-specific boundaries of the RPA shall be delineated by the applicant through the performance of an environmental site assessment, subject to approval by the Zoning Administrator and in accordance with NCC § 154.2.163, Areas of Applicability et seq., and NCC § 154.2.163(N). The CAP map and the National Wetlands Inventory Maps may be used as a guide to the general location of RPAs.

(1) Delineation by the Zoning Administrator. The Zoning Administrator, when requested by an applicant wishing to construct a single-family residence, may waive the requirement for an environmental site assessment and perform the RPA delineation. The Zoning Administrator may use hydrology, soils, plant species, and other data, and consult other appropriate resources as needed to perform the delineation.

(2) Where a conflict arises over delineation. Where the applicant has provided a site-specific delineation of the RPA, the Zoning Administrator will verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the Zoning Administrator may make adjustments to the applicant's boundary delineation, in accordance with NCC § 154.2.163(N). In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief pursuant to the provisions of NCC § 154.2.163(N)(8) and NCC § 154.2.022 and NCC § 154.2.225, et seq.

(I) Encroachments into the RPA.

(1) General

(a) A water quality impact assessment as described in NCC § 154.2.163(O) shall be required for any proposed land disturbance, development or redevelopment within RPAs and for any development within RMAs when required by the Zoning Administrator because of the unique characteristics of the site or intensity of development.

(b) Any development or redevelopment 2,500 square feet or greater of land disturbance shall require the approval of a plan of development prior to any clearing or grading of the site or the issuance of any building permit.

(c) Any encroachments into the RPAs shall be mitigated by the appropriate use of best management practices and / or mitigation planting as described in NCC § 154.2.163(M).

(d) Approvable encroachments into the RPA are: buffer area maintenance, water-dependent facilities, roads, or driveway crossings satisfying the conditions set forth in NCC § 154.2.163(I)(2), (3) and (4) flood control or stormwater management facilities satisfying the conditions set forth in NCC § 154.2.163(I)(5) redevelopment, or development uses provided for through a waiver, exception, or exemption.

(e) If an encroachment is approved through the issuance of an administrative waiver by the Zoning Administrator, at the time the waiver is granted, written notification shall be sent to adjacent property owners advising them of the determination and the appeal process.

(2) Vegetation and Paths. In order to maintain the functional value of the buffer area, indigenous vegetation may be removed, subject to approval by the Zoning Administrator, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices including those that prevent upland erosion and concentrated flows of stormwater. The following encroachments into the buffer area are allowed:

(a) As described in the Riparian Buffers Modification & Mitigation Guidance Manual, see Appendix C link 9, trees may be pruned or removed as necessary to provide for sight lines and vistas, subject to approval by the Zoning Administrator, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff;

(b) Any path, subject to approval by the Zoning Administrator, shall be constructed and surfaced so as to effectively control erosion;

(c) Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu, and multiflora rose) may be removed and thinning of trees allowed, subject to approval by the Zoning Administrator, pursuant to sound horticulture practices; and

(d) For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirement, subject to approval by the Zoning Administrator.

(3) Water dependent facilities. A new or expanded water-dependent facility may be allowed provided that the following criteria are met:

(a) It does not conflict with the county's Comprehensive Plan;

(b) It complies with the performance criteria set forth in NCC § 154.2.163(M);

(d) Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided.

(4) Roads and driveways. Roads and driveways not exempt under NCC § 154.2.163(J) may be constructed in or across RPAs if each of the following conditions is met:

(a) The Zoning Administrator makes a finding that there are no reasonable alternatives to aligning the road or driveway in or across the RPA;

(b) The alignment and design of the road or driveway minimizes both encroachment into the RPA and adverse impacts on water quality;

(c) The design and construction of the road or driveway satisfy all applicable criteria of this chapter, including submission of a water quality impact assessment according to NCC § 154.2.163(O);

(d) Any applicable permit or approval from the Northampton County Wetlands Board, the Virginia Marine Resources Commission, or the U. S. Army Corps of Engineers is obtained;

(e) The plan for the proposed road or driveway in or across the RPA is reviewed in coordination with site plan, subdivision, and/or plan of development approvals.

(5) Flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed may be allowed in RPAs if the following conditions are met. A best management practice that collects and treats runoff from only an individual lot or some portion of a lot may not be located within an RPA.

(a) The location of the facility within the RPA has been demonstrated to be the optimum location;

(b) The size of the facility is the minimum necessary to provide necessary flood control or stormwater management, or both;

(c) The facility must be consistent with a comprehensive stormwater management plan developed and approved in accordance with the Virginia Stormwater Management Program;

(d) All applicable permits for construction in state or federal waters must be obtained from the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission;

(e) Any required permit is obtained from the Northampton County Wetlands Board and a site plan is approved;

(f) Routine maintenance shall be performed on such facilities to assure that they continue to function as designed.

(6) Mitigation. In order to mitigate the effects of the buffer encroachment, other measures such as French drains, dry wells, and storage of construction materials outside the buffer must be implemented unless the Zoning Administrator determines that such measures are inappropriate or unnecessary due to the specific conditions of the site or the nature of the project.

(7) Redevelopment may be permitted only if there is no increase in the amount of impervious cover and no further encroachment within the RPA. Redevelopment shall conform to the stormwater management requirements outlined under NCC § 154.2.163(N)(4) and erosion and sediment control requirements outlined under NCC § 154.2.163(N)(5).

(8) Administrative Waiver Process. Development may occur upon the approval of an administrative waiver process when the following conditions exist.

(a) An applicant seeks to expand nonconforming uses and structures. For the purposes of the CAP, this shall be defined as the lawful use of a building or structure which existed on October 1, 1989, or which exists at the time of any amendment to this chapter, and which is not in conformity with the provisions of the CAP.

(b) The application of the buffer area would result in the loss of buildable area on a lot or parcel recorded prior to October 1, 1989.

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

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

3. There will be no increase in nonpoint source pollution load;

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

5. Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this chapter.

(d) A request for an administrative waiver to the requirements of this chapter shall be made in writing to the Zoning Administrator. It shall identify the impacts of the proposed waiver on water quality and on lands within the RPA through the performance of a water quality impact assessment which complies with the provisions of NCC § 154.2.163(O).

(e) The Zoning Administrator shall review the request for an administrative waiver and the water quality impact assessment and may grant the waiver with such conditions and safeguards as deemed necessary to further the purpose and intent of this chapter, but only if the Zoning Administrator finds:

1. Granting the waiver will not confer upon the applicant any special privileges that are denied by this chapter to other property owners in the CAP;

2. The waiver request is not based upon conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels;

3. The waiver request is the minimum necessary to afford relief;

4. The waiver request will be in harmony with the purpose and intent of this chapter, and not injurious to the neighborhood or otherwise detrimental to the public welfare and is not of substantial detriment to water quality;

5. Reasonable and appropriate conditions are imposed which will prevent the waiver request from causing a degradation of water quality;

6. In no case shall this provision apply to accessory structures; and

7. The waiver is permitted by NCC § 154.2.245 et seq.

(f) An administrative waiver request shall be made to and upon forms furnished by the Zoning Administrator and shall include, for the purpose of proper enforcement of this chapter, the following information:

i. Name and address of applicant and property owner;

ii. Legal description of the property and type of proposed use and development;

iii. A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the RPA;

Location and description of any existing private water supply or sewage system; and

iv. Justification for the waiver request, including how the criteria in NCC § 154.2.163(I)(8)(e) are satisfied by the waiver request;

v. A waiver shall become null and void 12 months from the date issued if no substantial work has commenced;

vi. If the Zoning Administrator cannot make the required findings or refuses to grant the waiver, the Zoning Administrator shall return the request for a waiver together with the water quality impact assessment and the written findings and rationale for the decision to the applicant, with a copy to the Board of Zoning Appeals. The applicant may then apply to the Board of Zoning Appeals for an exception.

(9) Exceptions by the Board of Zoning Appeals.

(a) Persons aggrieved by the denial of a waiver by the Zoning Administrator may appeal for an exception from the Board of Zoning Appeals ("BZA").

(b) A request for an exception to the requirements of this chapter shall be made in writing to the Board of Zoning Appeals on forms furnished by the Zoning Administrator and shall include the information specified in NCC § 154.2.163(I)(8)(f). The request shall identify the impacts of the proposed exception on water quality and on lands within the RPA through the performance of a water quality impact assessment which complies with the provisions of NCC.

(c) After notice and public hearing, the BZA shall review the request for an exception and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this chapter, if the BZA finds:

i. The exception request is the minimum to afford relief, and any encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities;

ii. There will be no increase in nonpoint source pollution load;

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

iv. Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this chapter;

v. Granting the exception will not confer upon the applicant any special privileges that are denied by this chapter to other property owners in the CAP;

vi. The exception request is not based upon conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels;

vii. The exception request will be in harmony with the purpose and intent of the CAP, and not injurious to the neighborhood or otherwise detrimental to the public welfare and is not of substantial detriment to water quality;

viii. Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality;

ix. In no case shall this provision apply to accessory structures; and

x. The waiver is permitted by NCC § 154.2.245 et seq.

(d) An exception shall become null and void 12 months from the date issued if no substantial work has commenced.

(e) An exception may be appealed in the same manner as a variance.

(J) Exemptions for Utilities, Railroads and Public Roads.

(1) Construction, installation, and maintenance of electric, natural gas, fiber optic, and telephone lines, railroads, and public roads and their appurtenant structures in accordance with regulations promulgated pursuant to the Erosion and Sediment Control Law (VA Code §§ 62.1-44.15:51 et seq.) and the Stormwater Management Act (VA Code §§ 62.1-44.15:24 et seq.) and an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Environmental Quality, or local water quality protection criteria at least as stringent as the above state requirements are deemed to comply with this chapter.

(2) Construction, installation, and maintenance of water, sewer, natural gas, underground telecommunications and cable television lines owned, permitted or both by Northampton County or a regional service authority shall be exempt from this chapter provided that:

(a) To the degree possible, the location of such utilities and facilities shall be outside RPAs;

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

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

(d) Any land disturbance exceeding an area of 2,500 square feet complies with all Northampton County erosion and sediment control requirements.

(3) The exemption of public roads is further conditioned on the road alignment and design being optimized, consistent with all applicable requirements, to prevent or otherwise minimize the encroachment in the RPA and to minimize the adverse effects on water quality.

(K) Exemption for Agriculture and Silviculture.

(1) Exemptions for agriculture. On agricultural lands, the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area, and appropriate measures may be taken to prevent noxious weeds from invading the buffer area. Agricultural activities may encroach into the buffer area as follows:

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

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

(c) The buffer area is not required to be designated adjacent to agricultural drainage ditches if the adjacent agricultural land has in place at least one best management practice considered by the Eastern Shore Soil and Water Conservation District to address the more predominant water quality issue on the adjacent land, either erosion control or nutrient management.

(d) When agricultural uses within the buffer area cease and the lands are proposed to be converted to other uses, the full 100-foot-wide buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions are maintained or established.

(2) Exemptions for silvicultural activities.

(a) Silvicultural activities are exempt from the requirements of this chapter provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the January 1997 edition of Best Management Practices for Forestry Operations [Technical Guide].

(b) When silvicultural uses within the buffer area cease and the lands are proposed to be converted to other uses, the full 100-foot-wide buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions are maintained or established.

(L) Exemptions in Resource Protection Areas. The following uses in RPAs may be exempted: water wells; passive recreation facilities such as boardwalks, trails, and pathways; and historic preservation and archaeological activities, provided that it is demonstrated to the satisfaction of the Zoning Administrator that:

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

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

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

(4) Any land disturbance exceeding an area of 2,500 square feet shall comply with all Northampton County erosion and sediment control requirements.

(M) Performance Standards.

(1) Purpose and intent. The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxins, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters storm-water runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces storm water runoff potential. The purpose and intent of these requirements are also to implement the following objectives: prevent a net increase in nonpoint source pollution from new development; achieve a 10% reduction in nonpoint source pollution from redevelopment; and achieve a 40% reduction in nonpoint source pollution from agricultural uses.

(2) General performance standards for development and redevelopment.

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

i. In accordance with an approved site plan, the limits of land disturbance, including clearing or grading, shall be defined by the construction footprint plus up to 50 feet of open space around the primary structure. The Zoning Administrator shall review and approve the construction footprint through the plan of development process as required under NCC § 154.2.163(N). These limits shall be clearly shown on submitted plans and physically marked on the development site.

ii. Ingress and egress during construction shall be limited to one access point, unless otherwise approved by the Zoning Administrator.

(b) Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the use and development proposed and in accordance with the Virginia Erosion and Sediment Control Handbook.

i. Existing trees over two inches in diameter at breast height (DBH) shall be preserved outside the construction footprint in the RMA; this provision does not apply to any component of the RPA.

ii. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed as approved by the Zoning Administrator.

iii. Site clearing for construction activities shall be allowed only as approved by the Zoning Administrator through the plan of development review process outlined under NCC § 154.2.163(N).

iv. Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected five feet outside of the drip line of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.

(c) Land development shall minimize impervious cover to promote infiltration of storm-water into the ground consistent with the proposed use or development.

i. Grid and modular pavements may be used for any required parking area, alley, or other low traffic driveway, unless otherwise approved by the Zoning Administrator.

ii. Parking space size. See NCC § 154.2.205 et seq.

iii. Water retention ponds shall be used where feasible.

(d) Notwithstanding any other provisions of this chapter or any land disturbing activity 2,500 square feet or greater, shall comply with the requirements of NCC § 153.01, et seq., Erosion and Sediment Control Ordinance.

(e) All development and redevelopment 2,500 square feet or greater of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of NCC § 154.2.045 or a subdivision plat in accordance with the Northampton County Subdivision Ordinance, NCC § 156.001 et seq. However, the construction of (i) single-family homes or (ii) farm buildings or structures on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than 5% will be subject to a simplified plan of development process, pursuant to NCC § 154.2.163(N).

(f) All on-site sewage disposal systems not requiring a VPDES permit shall be pumped out at least once every five years, unless an exception is granted by the Zoning Administrator.

i. The following pump-out frequency (stated in years) standards will be considered upon request by a landowner and may apply if the Zoning Administrator is satisfied, based upon information furnished by the landowner, that the household size, occupancy per year, and septic tank size warrant an exception as described in NCC § 154.2.163(N)(2)(f).

ii. Septic Pump-Out Exception Policy. While the above regulation was adopted in compliance with requirements of the Chesapeake Bay Preservation Area Designation and Management Regulations (9 VAC 25-830 et seq.), the county and the Commonwealth of Virginia recognize that under some circumstances the requirement may impose an undue burden and hardship. Therefore, the county may grant administrative exceptions to this requirement according to the following guidelines.

iii. Each request for an exception will be reviewed on a case-by-case basis.

iv. At the time such request is made, the property owner(s) shall provide evidence that the septic system was pumped or installed within the previous five years.

v. When an exception is granted, subsequent pump-outs will be required according to the chart below. However, each exception will be reviewed after five-year intervals, and at the end of such five-year interval, property owners will be notified and requested to verify occupancy status.

vi. The county reserves the right to check, during the five-year interval, properties that have been granted pump-out exceptions for building permit activities or changes in property ownership that may indicate a change in status of the septic system.

(g) A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided. This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, if such lot or parcel is not sufficient in capacity to accommodate a reserve sewage disposal site, as determined by the local Health Department. Building or construction of any impervious surface shall be prohibited on the area of all sewage disposal sites or on an on-site sewage treatment system which operates under a permit issued by the State Water Control Board, until the structure is served by public sewer.

(h) For any development or redevelopment, storm-water runoff shall be controlled by the use of best management practices consistent with the water quality protection provisions of the Virginia Stormwater Management Regulations (9 VAC 25-870 et seq.). This reference needs to be checked against the new guidance document language.

(i) Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the Zoning Administrator, in accordance with NCC § 154.2.163(N).

(j) If a perennial stream is shown on the county's mapping on any portion of a lot or parcel, a perennial stream assessment must be submitted and accepted prior to approval of a plan of development.

(k) Land upon which agricultural activities are being conducted shall have a soil and water quality conservation assessment. Such assessments shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is accomplished consistent with this chapter.

(l) When expansion of nonconforming uses and structures would result in an encroachment into the buffer area which lawfully existed on October 1, 1989, or which exists at the time of any amendment to this chapter, encroachment may be only permitted through an administrative waiver or formal exception in accordance with NCC § 154.2.163(I)(8)(e).

(m) When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, encroachment into the buffer area may only be permitted through an administrative waiver or formal exception in accordance with NCC § 154.2.163(I).

(n) The buffer shall be maintained in accordance with NCC § 154.2.163(I)(2).

(3) Required mitigation planting. Establishment or re-establishment of the buffer is addressed by this subsection. Establishment or re-establishment of the buffer will be required for any encroachment into the buffer for any reason, including but not limited to, when a change of use occurs and when a natural buffer does not exist.

(a) Vegetation replacement rates.

VEGETATION REMOVED	PREFERRED REPLACEMENT	ACCEPTABLE ALTERNATIVE VEGETATION
1 tree or sapling < 2-1/2" caliper	1 tree @ equal caliper or	OR 2 large shrubs @ 3'-4' greater OR 10 small shrubs or woody groundcover* @ 15"-18"
1 tree > 2-1/2" caliper	1 tree @ 2" caliper, or 1 evergreen tree @ 6' min ht., per every 4" caliper of tree 3:1 ratio (ex: a 12" cal. tree would require 3 trees to replace it)	OR 75% trees @ 2" and 25% large shrubs @ 3'-4' per every 4" caliper of tree removed. (Ex: a 16" ca. tree removed would require 3 trees and 1 large shrub) OR 10 small shrubs or woody groundcover @ 15"-18" per 4' ca. of tree removed. (Ex.: an 8' ca. tree removed requires 20 small shrubs.)
1 large shrub	1 large shrub @ 3'-4'	OR 5 small shrubs or woody groundcover @ 15"-18"
*Woody groundcover is considered to be a woody, spreading shrub that remains close to the ground, to 18" high, such as a shore juniper, juniperus conferta. Vines may not be considered "woody groundcover" for the purpose of vegetation replacement

(b) Restoration / establishment Table A.

1. Definitions.

a. CANOPY TREE. A tree that reaches 35 feet in height or larger when mature.

b. LARGE SHRUB. A shrub that reaches ten feet of height or greater at maturity.

c. SMALL SHRUB. A woody plant that can reach up to ten feet of height at maturity.

d. UNDERSTORY TREE. A tree that matures to a height of 12 feet to 35 feet.

2. One-quarter acre or less of buffer (up to 10,890 square feet):

a. For every 400 square- foot unit (20 feet x 20 feet) or fraction thereof plant: one canopy tree at one and one-half to two inches caliper or large evergreen at six feet; and two understory trees at three-quarter inch to one and one- half inches caliper or evergreen at four feet or one understory tree and two large shrubs at three feet to four feet; and three small shrubs or woody groundcover at 15 inches to 18 inches.

b. Example: A 100-foot wide lot x 100-foot wide buffer is 10,000 square feet. Divide by 400 square feet (20 feet x 20 feet unit) to get: 25 units.

Units x	Plant/Unit	Number of Plants
25 units x	1 canopy tree	25 canopy trees
	2 understory trees	50 understory trees
	3 small shrubs	75 small shrubs
		150 plants

c. Restoration/establishment Table B. Greater than one-quarter acre of buffer (more than 10,890 square feet.)

i. Plant at the same rate as for one-quarter acre or less.

ii. The waterside 50% of the buffer (from the waterline inland for the first 50 feet): For every 400 square-foot unit (20 feet x 20 feet) or fraction thereof plant: one canopy tree at one and one-half inches to two inches caliper or large evergreen at six feet; and two understory trees at three-quarter inch to one and one-half inches caliper or evergreen at four feet or one understory tree and two large shrubs at three feet to four feet; and three small shrubs or woody groundcover at 15 inches to 18 inches; and

iii. The landward 50% of buffer (from 50 feet inland to 100 feet inland), either plant:

a. Bare root seedlings or whips at 1,210 stems per acre, approximately six feet x six feet on center (minimum survival required after two growing seasons: 600 plants), or

b. Container grown seedling tubes at 700 per acre approximately eight feet x eight feet on center (minimum survival required after two growing seasons: 490 plants).

(N) Plan of development process. Any development or redevelopment exceeding 2,500 square feet of land disturbance shall be accomplished through the approval of a plan of development prior to any clearing or grading of the site or the issuance of any building permit, to assure compliance with all applicable requirements of this chapter.

(1) Required information. In addition to the requirements of this chapter or the requirements of NCC Chapter 156, the plan of development process shall consist of the plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the Zoning Administrator. The Zoning Administrator may determine that some of the information otherwise required is unnecessary due to the scope and nature of the proposed development. The following plans or studies shall be submitted, unless otherwise provided for:

(a) A site plan in accordance with the provisions of NCC § 154.2.045, a subdivision plat in accordance with the provisions NCC Chapter 156, or, for a single-family dwelling unit, a plat showing the proposed house location and any other improvements;

(b) An environmental site assessment;

(d) A stormwater management plan except as provided for in § 154.2.163(N)(4);

(e) An erosion and sediment control plan in accordance with the provisions of the Northampton County Soil and Sediment Control Ordinance; and

(f) A water quality impact assessment when one is required.

(2) Environmental site assessment. An environmental site assessment shall be submitted in conjunction with a request for preliminary site plan or preliminary subdivision plan approval.

(a) The environmental site assessment must be drawn to scale with a narrative and clearly delineate the following environmental features:

i. Tidal wetlands;

ii. Water bodies with perennial flow;

iii. Non-tidal wetland connected by surface flow and contiguous to tidal wetlands;

iv. Non-tidal wetlands connected by surface flow and contiguous to water bodies with perennial;

v. Tidal shores and beaches;

vi. Primary sand dunes, including beaches;

vii. A 100-foot buffer area located adjacent to and landward of the components listed in items 1 through 4 above, and along both sides of any water body with perennial flow; and

viii. Other sensitive environmental features as determined by the Zoning Administrator.

(b) Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1989.

(c) A perennial stream assessment determining water bodies with perennial flow be undertaken using a scientifically valid system of in-field indicators such as those described in the Chesapeake Bay Local Assistance guidance document entitled Determination of Water Bodies with Perennial Flow.

(d) The environmental site assessment shall delineate the site-specific geographic extent of the RPA as required under NCC § 154.2.163(D); and

(e) The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat, and shall be certified as complete and accurate by a professional engineer or a certified land surveyor licensed in Virginia. This requirement may be waived by the Zoning Administrator when the proposed use or development would result in less than 5,000 square feet of disturbed area.

(3) Landscaping plan. A landscaping plan or landscaping element shall be required in conjunction with a request for site plan approval or as part of subdivision plat approval. No clearing or grading of any lot or parcel shall be permitted without an approved landscaping plan when required.

(a) Contents of the landscaping plan.

i. The landscaping plan shall be drawn to scale and clearly delineate the location, size, and description of existing and proposed plant material. All existing trees on the site two inches or greater DBH shall be shown on the landscaping plan. Where there are groups of trees, stands may be outlined instead. The specific number of trees two inches or greater DBH to be preserved outside of the construction footprint shall be indicated on the plan. Trees to be removed to create a desired construction footprint shall be clearly delineated on the landscaping plan.

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

iii. Within the RPA buffer area, trees and other woody vegetation to be removed for sight lines, vistas, access paths, and best management practices, as provided for in this chapter, shall be shown on the plan. Vegetation required by this chapter to replace any existing trees or other woody vegetation within the buffer area shall also be shown on the landscaping plan.

iv. Trees or other woody vegetation to be removed for shoreline stabilization projects and any replacement vegetation required by this chapter shall be shown on the landscaping plan.

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

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

vii. If the proposed development is a change in use from agricultural or silvicultural to some other use, the plan must demonstrate the reestablishment of woody vegetation in the buffer area as required is subsection (3) above.

(b) Plant specifications.

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

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

iii. Where areas to be preserved, as designated on an approved landscaping plan, are encroached a mitigation plan in compliance with subsection (3) above will be required when the encroachment is within the buffer area. When the encroachment is outside the buffer area replacement of existing trees and other vegetation will be achieved at a ratio of three planted trees or shrubs to one removed. Replacement trees shall be a minimum two-inch caliper at the time of planting and shrubs shall be a minimum of three-gallon container, measured in accordance with standards provided in the most recent edition of American Standard for Nursery Stock published by the American Nursery and Landscape Association.

iv. Use of native or indigenous species is required.

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

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

(4) Stormwater management plan. Stormwater management plan shall be submitted as part of the plan of development process required by this chapter and in conjunction with site plan or subdivision plat approval consistent with the provisions of the Virginia Stormwater Program Management Regulations except that single-family residences separately built and disturbing less than one acre and not part of a larger plan of development or sale, including additions or modifications to existing single-family detached residential structures shall be exempt as long as when this development or redevelopment exceeds 16% lot coverage, a best management practice (BMP) mitigating for the percentage exceeding 16% shall be installed on the same lot as the development or redevelopment. Completion of the BMP installation shall be required before the issuance of a certificate of occupancy, certificate of compliance, letter of completion or passing final inspection.

(5) Erosion and sediment control plan. An erosion and sediment control plan shall be submitted that satisfies the requirements of this chapter and is in accordance with the Northampton County Soil and Sediment Control Ordinance, in conjunction with site plan or subdivision plat approval, consistent with the provisions of the Virginia Erosion and Sediment Control Regulations.

(6) Final plan. Final plans for property within the CAP shall be final plats for land to be subdivided or site plans for land not to be subdivided as required in NCC § 154.2.045 and NCC Chapter 156, Northampton County Subdivision Code.

(a) Final plans for all lands within the CAP shall include the following additional information:

(1) The delineation of the Resource Protection Area boundary, including the 100-foot buffer area;

(2) Plat or plan note stating that no land disturbance is allowed in the RPA buffer area without the review and approval by the Zoning Administrator;

(3) All wetlands permits required by law; and

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

(b) Installation and bonding requirements:

i. Where a plan of development requires improvements such as but not limited to the buffer area establishment, landscaping, stormwater management facilities or other specifications, the plan shall not be approved until bonding / surety is provided for the completion of the improvements. No certificate of occupancy shall be issued until the installation of all required improvements are completed in accordance with the approved plan.

ii. The cost of the improvements will be determined, to the satisfaction of the Zoning Administrator, by the applicant providing two guaranteed estimates or an estimate provided by a licensed engineer.

iii. All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety may be forfeited to Northampton County.

iv. All required stormwater management facilities or other specifications shall be installed and approved within 18 months of project commencement through the issuance of a land disturbance permit. Should the applicant fail, after proper notice, to initiate, complete, or maintain appropriate actions required by the approved plan, the surety may be forfeited to Northampton County. Northampton County may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held.

v. After all required actions of the approved plan have been completed, the applicant must submit a written request for a final inspection. If the requirements of the approved plan have been completed, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within 60 days following the receipt of the applicant's request for final inspection. The Zoning Administrator may require a certificate of substantial completion from a professional engineer or Class III B Surveyor before making a final inspection.

(7) Administrative responsibility. Administration of the plan of development process shall be in accordance with the site plan provisions of NCC § 154.2.045 and / or NCC Chapter 156.

(8) Appeals of administrative decisions regarding plans of developments shall be as provided in NCC § 154.2.026(A) and applicable law. Appeals from BZA decisions regarding plans of development shall be as provided in NCC § 154.2.026(B) and applicable law.

(O) Water Quality Impact Assessment. The purpose of the water quality impact assessment is to:

(1) Identify the impacts of proposed land disturbance, redevelopment, or development on water quality and lands within RPAs and other environmentally-sensitive lands;

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

(3) Protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high ground water, erosion, or vulnerability to flood and storm damage;

(4) Specify mitigation which will address water quality protection.

(5) A water quality impact assessment is required for:

(a) Any proposed land disturbance, redevelopment, or development within an RPA, including any buffer area modification or encroachment as provided for in NCC § 154.2.108; and

(b) Any land disturbance, redevelopment, or development in an RMA as deemed necessary by the Zoning Administrator due to the unique characteristics of the site or intensity of the proposed development. There shall be two levels of water quality impact assessments: a minor assessment and a major assessment.

(6) Minor water quality impact assessment. A minor water quality impact assessment pertains only to development activities within the CAP which cause no more than 5,000 square feet of land disturbance and require any modification of or encroachment into the landward 50 feet of the 100-foot buffer area as permitted under this chapter. A minor assessment must demonstrate that the undisturbed buffer area, enhanced vegetative plantings, and any required best management practices will result in removal of no less than 75% of sediments and 40% of nutrients from post-development stormwater runoff and will retard runoff, prevent erosion, and filter nonpoint source pollution the equivalent of the full undisturbed 100-foot buffer area. A minor assessment shall include a site drawing to scale which shows the following:

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

(b) Location and nature of the proposed encroachment into the buffer area, if needed, including: type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites;

(d) The area to be disturbed necessitated by the construction;

(e) Location of existing vegetation onsite, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification; and

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

(7) Major water quality impact assessment. A major water quality impact assessment shall be required for any development activities which exceed 5,000 square feet of land disturbance within the CAP and propose to modify or encroach into the landward 50 feet of the 100-foot buffer area; propose to disturb or encroach into any portion of the seaward 50 feet of the 100-foot buffer area or any other component of an RPA; or are located completely in an RMA and is deemed necessary by the Zoning Administrator. The information required in this section shall be considered a minimum, unless the Zoning Administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land. The following elements shall be included in the preparation and submission of a major water quality assessment:

(a) All of the information required in a minor water quality impact assessment, as specified in subsection (6) above;

(b) A hydro-geological element that:

i. Describes the existing topography, soils, hydrology and geology of the site and adjacent lands;

ii. Describes the impacts of the proposed development on topography, soils, hydrology and geology on the site and adjacent lands;

iii. Indicates the following:

(a) Disturbance or destruction of wetlands, primary and secondary dunes and justification for such action;

(b) Disruptions or reductions in the supply of water to wetlands, streams, or other water bodies;

(d) Source location and description of proposed fill material, if applicable;

(e) Location of dredge material and location of dumping area for such material, if applicable;

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

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

(h) Percent of site to be cleared for project;

(i) Anticipated duration and phasing schedule of construction project; and

(j) Listing of all requisite permits from all applicable agencies necessary to develop project; and

iv. Describes the proposed mitigation measures for the potential hydro-geological impacts. Potential mitigation measures include:

(a) Additional proposed erosion and sediment control concepts beyond those normally required under this chapter; these additional concepts may include minimizing the extent of the cleared area, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, schedule and personnel for site inspection; and

(b) Proposed storm water management system.

i. Identifies and delineates the location of all woody plant material on site, including all trees two inches or greater DBH or, where there are groups of trees, stands may be outlined;

ii. Describes the impacts the development or use will have on the existing vegetation. Information should include:

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

(b) Clear delineation of all trees and other woody vegetation which is proposed to be removed; and

iii. Describes the proposed measures for mitigation. Possible mitigation measures include:

(a) Proposed design plan and replanting schedule for trees and other woody vegetation proposed to be removed for construction, including a list of proposed plants and trees to be used;

(b) Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation;

(d) Demonstration that the revegetation plan supplements the existing buffer vegetation in a manner that provides for pollutant removal and erosion and runoff control.

(8) Submission and review requirements.

(a) Eight copies of all site drawings and other applicable information as required NCC § 154.2.045 shall be submitted to the Zoning Administrator for review.

(b) All information shall be completed by persons qualified to perform the scope of work required in this section and certified by a professional engineer or surveyor licensed in Virginia.

(c) A minor water quality impact assessment shall be prepared and submitted to and reviewed by the Zoning Administrator in conjunction with NCC § 154.2.163(N).

(d) A major water quality impact assessment shall be prepared and submitted to and reviewed by the Zoning Administrator in conjunction with a request for rezoning, special use permit, or in conjunction with NCC § 154.2.163(N).

(e) As part of any major water quality impact assessment submittal, the Zoning Administrator may require review by the Virginia Department of Environmental Quality (DEQ) and other agencies to assist in a complete review. Upon receipt of a major water quality impact assessment, the Zoning Administrator and other state and local agencies will determine if such review is warranted and may request DEQ to review the assessment and respond with written comments. Any comments by such agencies will be incorporated into the final review by the Zoning Administrator, provided that such comments are provided by said agencies within 60 days of the request.

(9) Evaluation procedure.

(a) The Zoning Administrator may determine that a modification or reduction of the buffer area is appropriate if, after review of a complete minor water quality impact assessment, it is established that:

i. The proposed encroachment is necessary to allow use of the property and improvements may not be placed elsewhere on the site to avoid disturbance of the buffer area;

ii. Impervious surface is minimized;

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

iv. Proposed mitigation measures, including the revegetation plan and site design, result in minimal disturbance to all components of the RPA, including the 100-foot buffer area;

v. Proposed mitigation measures will work to retain all buffer area functions: pollutant removal, erosion and runoff control;

vi. The development, as proposed, is consistent with the purpose and intent of this chapter; and

vii. The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality.

(b) Prior to the approval of a proposed project or development, the Zoning Administrator may determine that a modification or reduction of the buffer area is appropriate if, after review of a complete major water quality impact assessment, it is established that:

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

ii. The disturbance of any wetlands will be minimized by noting the percentage of existing wetlands to be disturbed and the acreage or square footage of proposed wetland disturbance;

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

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

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

vi. Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve the required performance standard for pollutant control;

vii. Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits as well as runoff control and pollutant removal equivalent to the full 100-foot undisturbed buffer area;

viii. The design and location of any proposed drainfield will be in accordance with the requirements of section 110 of Virginia State Health Department; and

ix. The development, as proposed, is consistent with the purpose and intent of the CAP.

(c) The Zoning Administrator shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the Zoning Administrator based on the criteria listed above in NCC § 154.2.163(N)(9) (a) and (b).

(d) The Zoning Administrator shall find the proposal to be inconsistent with the purpose and intent of this chapter when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the Zoning Administrator based on the criteria set forth in NCC § 154.2.163(N)(9)(a) and (b).

(Ord. passed 4-12-2016; Am. Ord. passed 2-13-2024)

§ 154.2.164 US 13 CORRIDOR DISTRICT (US13C).

(A) Title. This section shall be known and referenced as the US 13 Corridor (US13C) District of Northampton County.

(B) Findings of fact. As the Eastern Shore of Virginia's primary route for local and through traffic, U.S. Route 13 represents a significant community investment and contributes to Northampton County's public health, safety, and welfare. U.S. Route 13 provides access to jobs and schools, facilitates delivery of emergency services, and supports movement of goods and services. Furthermore, the U.S. Route 13 corridor serves as a first impression of Northampton County for tourists and the traveling public and, as a safe and accessible highway facility, serves a vital economic development function. The US 13 Corridor District designation will provide for regulation of highway-oriented businesses, industries, and residential development, as permitted by the underlying zoning district, while preserving and enhancing the safety, function, and capacity of the U.S. Route 13 corridor in Northampton County.

(C) Purpose and intent. Pursuant to the authority granted by the Code of Virginia, and in particular the legislative intent established in VA Code § 15.2-2200 and the purposes of zoning ordinances established in VA Code § 15.2-2283, the purpose of the US 13 Corridor District is to enhance the safety, function, and capacity of designated highways. As major through traffic routes, these highways represent significant community investments, and contribute to the public health, safety, and welfare. Finally, as safe and accessible facilities, the corridors serve a vital economic development function, which the US13C District is intended to protect and preserve.

(D) Areas of applicability.

(1) The US13C District shall apply to all lands as designated by the Board of Supervisors as US13C on the zoning district map. Such map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this section.

(2) The US13C District shall apply to all developments abutting U.S. Route 13 and requiring site plan or subdivision review. The US13C District shall also apply to redevelopment projects, as outlined in division (J) below, regardless of whether such redevelopment requires site plan or subdivision review. For the purposes of this chapter, U.S. Route 13 shall mean the mainline highway and bypass sections, and shall not mean sections of U.S. Route 13 Business.

(E) Use regulations. Permitted uses, special permit uses, accessory uses, and special requirements shall be established by the underlying zoning district, unless specifically modified by the requirements set forth herein. These requirements may include, but shall not be limited to, requirements for yards/setbacks, parking, landscaping, signs, and lighting.

(F) Lot size. Lot size shall comply with the requirements of the underlying zoning district(s).

(G) Required conditions.

(1) For the purposes of this section, projects such as commercial centers shall be considered individual development projects. Expansions of completed projects within the US13C District shall be subject to these regulations. For developments subject to these regulations all required plans may be submitted as a single plan, provided that all information is clearly shown to meet the requirements outlined herein.

(2) To ensure adequate coordination with VDOT regarding highway access management and traffic improvements, no site plan or subdivision plat shall be approved without a written finding from the VDOT Residency Administrator that the proposed roadway, driveway, and circulation systems are consistent with the U.S. Route 13 Access Management Plan.

(H) Conflict with other regulations. In any case where the requirements of this section conflict with any other provision of the Northampton County zoning ordinance and other regulations or existing state or federal regulations, whichever regulation imposes the more stringent restrictions shall apply.

(I) Performance standards.

(1) Purpose and intent. The purpose and intent of these performance standards is to minimize the impact of highway-oriented development on the safety, function, and traffic capacity of the U.S. Route 13 corridor in Northampton County.

(2) General performance standards for development and redevelopment.

(a) Site plans. All site plans shall include an access plan drawn to the same scale as the site plan and showing existing and proposed location and dimensions of all streets, sidewalks, driveways, crossovers, parking areas, access points and aisles, landscape areas, and any other relevant information.

(b) Site access. Access to U.S. Route 13 shall be provided by direct or indirect means, consistent with the following:

i. Number of access points. Each tract of land recorded prior to August 12, 2004, is entitled to one direct access point to the public roadway network, subject to VDOT approval. Each tract of land recorded after August 12, 2004, is entitled to one direct access or indirect point to the public roadway network provided that its location and design fulfill, at a minimum, the minimum corner clearance and the minimum site distance requirements of this chapter, subject to VDOT approval. Where the roadway frontage of a tract of land is greater than 1,000 feet, an additional access point may be allowed, if it is determined that the access point will not adversely affect the capacity of the roadway as determined by a Traffic Impact Analysis and subject to VDOT approval. Any additional access points must be in compliance with all applicable sections of this chapter and approved by VDOT. Where multiple tracts of land are developed as a single entity, as in the case of a commercial center, office park, or similar development, they shall be treated as one tract of land for the purposes of determining the permitted number of access points. Whenever it is feasible from an engineering perspective to provide access to U.S. Route 13, and/or any other major highway, from a side street connection rather than directly onto U.S. Route 13 (or other such major highway), access is required to come from such side street, subject to VDOT approval.

ii. Corner clearance. The minimum corner clearance of driveways from intersecting streets shall be 400 feet approaching the intersection. Downstream corner clearance shall be 250 feet minimum. For side street approaches to U.S. Route 13, the minimum corner clearance shall be 250 feet. At signalized intersections, corner clearances in excess of these minimum dimensions may be required, in consultation with the VDOT. Where a traffic study is submitted that shows 20-year peak period 95 percentile queue lengths will not extend past the driveway location, corner clearances may be reduced, in consultation with the VDOT.

iii. Minimum sight distance. Minimum sight distances along the highway shall be provided to allow vehicles to safely turn left or right onto the highway. Sight distances provided along the US13C District shall be a minimum of 1,000 feet.

iv. Outparcels. All access to outparcels must be internalized utilizing the main access drive of the principal retail center. Access to each outparcel shall be as direct as possible, avoiding excessive movement across the parking aisles and queuing across surrounding parking and driving aisles. In no instance shall the circulation and access of the principal commercial facility and its parking and service be impaired.

v. Residential developments. New residential subdivisions shall include an internal street layout which shall continuously connect to the streets of surrounding developments or neighborhoods to accommodate travel demand between adjacent neighborhoods without the necessity of using the highway. Only within residential developments in this overlay district may reverse or double frontage lots lawfully be created if necessitated for access or other safety reasons.

vi. Median crossovers. Where a proposed development fronts an existing or planned median crossover, access from the development to adjacent sites shall be provided, so as to promote shared access and to minimize demand for additional crossovers.

vii. Shared access and reverse frontage. Internal access roads and inter-parcel connections shall be provided to facilitate the local movement of traffic between existing and proposed development and to minimize demand for local trips on the highway. Based on consultation with the VDOT Resident Engineer, inter-parcel access may take the form of direct driveway connections or reverse frontage roads.

viii. Pedestrian access. Pedestrian walkways shall be incorporated into each project so as to minimize conflicts with vehicular traffic. Pedestrian circulation systems shall connect uses within individual projects, and shall be extended to adjacent parcels where inter-parcel vehicular access is required.

ix. Bicycle access. Bicycle facilities may be incorporated into each project so as to minimize conflicts with vehicular traffic. If installed, bicycle circulation systems shall connect uses within individual projects, and shall be extended to adjacent parcels where inter-parcel vehicular access is required.

(c) Traffic impact analysis. All developments generating more than 2,000 average daily trips shall prepare and submit a traffic impact analysis. The projected number of average daily trips shall be based on trip generation rates as defined by the most recent publication of the Institute of Transportation Engineers "Trip Generation." In addition, a traffic impact analysis may be required for developments generating 2,000 or fewer average daily trips when it is determined, in consultation with the VDOT Resident Engineer, that safety considerations warrant such analysis. The traffic impact analysis shall identify level of service impacts of the proposed development, based on a 20-year demand projection, and shall be used to determine necessary improvements to support the development. At a minimum, the impact analysis shall address the following:

i. Turn lane and access improvements;

ii. Internal site circulation;

iii. Shared access/access to adjacent sites;

iv. Impacts to intersections and median crossovers;

v. Potential need for signalization; and

vi. Relationship of the proposal to the U.S. Route 13 Access Management Plan.

(d) Required improvements. Required improvements, the need for which is generated by the proposed development, shall be determined in consultation with the VDOT Resident Engineer. The developer shall be responsible for providing any required improvements, which shall be shown on site plans. The need for required improvements shall be based on the following:

i. The U.S. Route 13 Access Management Plan;

ii. Applicable traffic impact analyses; and

iii. Highway safety and capacity.

(e) Setback from VDOT right-of-way. Buildings shall be set back from the VDOT right-of-way in accordance with Appendix B. The first 50 feet of the setback area abutting the roadway shall be a vegetated buffer, the first 20 feet of which closest to the road shall be planted in grass and/or groundcover to provide a clear zone for safety purposes. The remaining 30-foot area in the 50-foot buffer shall be maintained as an opaque buffer planted with native tree species. Parking areas and stormwater best management practices may be located in the setback outside the vegetated buffer.

(J) Redevelopment. In order to promote the orderly retrofit of existing developments that do not conform to the requirements of the US13C District, while encouraging reuse of previously developed properties, the following redevelopment standards shall apply. The following standards provide guidelines for use in bringing nonconforming sites into conformance. All trip generation shall be based on ITE figures and methods as referenced herein.

(1) Access. Reconstruction, relocation, or elimination of access points shall be required under any of the following circumstances. In such cases, necessary improvements shall be identified in consultation with the VDOT Resident Engineer, and shall be designed to bring the site into compliance with the access provisions of this chapter.

(a) The redevelopment will cause an increase of ten average daily trips (ADT) and 20% or more ADT.

(b) The redevelopment will cause any turning movement to increase by five ADT and 20% or more ADT.

(c) The redevelopment will cause an increase in use by vehicles exceeding 30,000 pounds gross vehicle weight of ten vehicles per day or 20% or more vehicles exceeding 30,000 pounds gross vehicle weight per day.

(d) Structural enlargements, building improvements, or other site improvements are made resulting in an increase of 20% of building square footage or totaling 20% of current assessed building value.

(e) As required to address identified safety deficiencies, based on consultation with the VDOT Residency Administrator.

(2) Traffic impact analysis. A traffic impact analysis shall be submitted for all redevelopment projects in which the proposed use will generate more than 2,000 ADT and/or increase existing ADT by 50% or more.

(3) Required improvements. Improvements required to support the redevelopment of the property shall be based on consultation with the VDOT Residency Administrator, the U.S. Route 13 Access Management Plan, required traffic impact analyses, and highway safety and capacity.

(4) Signage. Redevelopment shall bring on-site signage into compliance with §§ 154.2.190 et seq. Reconstruction, relocation, or elimination of freestanding signs shall be required when existing signs interfere with required site distances.

(5) Lighting. Where structural enlargements, building improvements, or other site improvements are made resulting in an increase of 20% of building square footage or totaling 20% of current assessed building value, all lighting shall be brought into compliance with § 154.2.112.

(6) Landscaping. Where structural enlargements, building improvements, or other site improvements are made resulting in an increase of 20% of building square footage or totaling 20% of current assessed building value, landscaping shall be brought into compliance with § 154.2.105. This shall include appropriate landscaping of existing green space, as well as provision of additional green space to the extent that it does not interfere with traffic flow or required parking. Where additional green space is required, priority shall be given to establishing front yard green space.

(7) Other requirements. Additional related existing zoning requirements are located in the following sections of this zoning code:

(a) Setbacks: See §§ 154.2.125 et seq.

(b) Signs: See §§ 154.2.190 et seq.

(d) Landscaping: See § 154.2.105.