This district shall be known and referenced as the "Chesapeake Bay Preservation Area Overlay District" of the town.

(Code 1989, § 24-56; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

(a)

The Chesapeake Bay and its tributaries constitute one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of the town and the state. The health of the bay is vital to maintaining the town's economy and the welfare of its citizens.

(b)

The Chesapeake Bay 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 town council as Chesapeake Bay Preservations Areas (hereinafter "CBPAs"), which include resource protection areas (hereinafter "RPAs") and resource management areas (hereinafter "RMAs"), need to be protected from destruction and damage in order to protect the quality of water in the Bay and consequently the quality of life in the town and the state.

(Code 1989, § 24-57; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

This article is enacted under the authority of Code of Virginia, § 62.1-44.2 et seq. (The Chesapeake Bay Preservation Act.

(Code 1989, § 24-58; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

The designation of any area as a Chesapeake Bay Preservation Area shall be in addition to, and not in lieu of, the zoning district classification of such area, such that any parcel of land situated within a Chesapeake Bay Preservation Area shall also lie in one or more of the zoning districts established pursuant to article II of this chapter and shall be subject to all applicable provisions of this section and, in addition, all other sections of this chapter.

(Code 1989, § 24-59; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agricultural lands means those lands for the planting and harvesting of crops or plant growth of any kind in the open, pasture, horticulture, dairying, floriculture, or raising of poultry and/or livestock.

Best management practices or BMPs means a practice, or a combination of practices, that is determined by a state or designated area-wide planning agency to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

Buffer area means an area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances.

Chesapeake Bay Preservation Area or CBPA means any land designated by the town pursuant to part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9 VAC 10-20-70 et seq., and Code of Virginia, § 62.1-44.15:72, a Chesapeake Bay Preservation Area shall consist of a resource protection area and a resource management area.

Construction footprint means the area of all impervious surface created by development or redevelopment of land, including, but not limited to, buildings, roads, drives, parking areas and sidewalks, and any other land disturbed for the construction of such improvements. The term "construction footprint" does not include construction accessways and staging areas for minor projects where such accessways and areas do not result in land disturbance.

Development means the construction or installation of any improvement upon a parcel of land, or any land disturbance associated therewith.

Diameter at breast height or DBH means the diameter of a tree measured outside the bark at a point 4 ½ feet aboveground.

Drip line means an imaginary perpendicular line extending downward from the outermost tips of the branches of a tree to the ground.

Impervious cover means a surface composed of any material which significantly impedes or prevents natural infiltration of water into the soil, including, but not limited to, buildings and other structures and the components thereof; concrete, asphalt or compacted gravel surface.

Intensely developed areas or IDAs mean a portion of a resource protection area or a resource management area designated by the town where there is existing development and infill sites and little of the natural environment remains.

Minor projects means all changes or alterations to existing uses having a construction footprint of less than or equal to 2,500 square feet.

Nonpoint source pollution means pollution consisting of constituents such as sediment, nutrients and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development and use.

Nontidal wetlands means those wetlands other than tidal wetlands that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions.

Noxious weeds means weeds that are difficult to control effectively, such as Johnson grass, kudzu and multiflora rose.

Plan of development means the process for site plan or subdivision plat review to endure compliance with Code of Virginia, § 62.1-44.15:74, and this section, prior to any clearing or grading of a site or the issuance of a building permit.

Redevelopment means the process of developing land that is or has been previously developed.

Resource management area or RMA means that component of the Chesapeake Bay Preservation Act that is not classified as the resource protection area.

Resource protection area or RPA means that component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.

Tidal shore or shore means land contiguous to a tidal body of water between the mean low water level and the mean high water level.

Tidal wetlands means vegetated and nonvegetated wetlands, as defined in Code of Virginia, § 28.2-1300.

Water-dependent facility means a development of land that cannot exist outside of the resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation. The term "water-dependent facility" includes, but is not limited to:

(1)

Ports;

(2)

The intake and outfall structures of power plants, water treatment plants, sewage treatment plants and storm sewers;

(3)

Marinas and other boat docking areas;

(4)

Beaches and other public water oriented recreation areas;

(5)

Fisheries or other marine resources facilities; and

(6)

Shoreline protection measures as authorized under the provisions of the wetlands zoning ordinance.

Wetlands means tidal wetlands and nontidal wetlands.

(Code 1989, § 24-60; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

(a)

This article is enacted to implement the requirements of Code of Virginia, § 62.1-44.2 et seq. (The Chesapeake Bay Preservation Act), as part of this chapter. The intent of the town council and the purpose of the Overlay District is to:

(1)

Protect existing high quality state waters;

(2)

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; and

(3)

Prevent any increase in pollution.

(b)

This district shall be in addition to and shall overlay all other zoning districts where they are applied so that any parcel of land lying in the Chesapeake Bay Preservation Area Overlay District shall also lie in one or more of the other zoning districts provided for by this chapter. Unless otherwise stated in the Overlay District, the review and approval procedures provided for in this chapter, the local erosion and sediment control ordinance, and the county building code, including all grading permits and building permits, shall be followed in reviewing and approving development, redevelopment and uses governed by this section.

(Code 1989, § 24-61; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

The Chesapeake Bay Preservation Area Overlay District shall apply to all lands identified as CBPAs as designated by the town council and as shown on the town zoning map as the Chesapeake Bay Preservation Area Overlay District. The Chesapeake Bay Preservation Area Overlay District is composed of a resource protection area, a resource management area and an intensely developed area. Resource protection areas include the following land categories, the protection of which is necessary to protect the quality of state waters:

(1)

Tidal wetlands.

(2)

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

(3)

Tidal shores.

(4)

A 100-foot vegetated buffer area located adjacent to and landward of the components listed in subsections (1) through (3) of this section, and along both sides of any water bodies with perennial flow.

(4)

The town zoning map shows the general location of CBPAs and should be consulted by persons contemplating activities within the town prior to engaging in a regulated activity.

(5)

Portions of resource protection areas and resource management areas designated by the town council as intensely developed areas shall serve as redevelopment areas. Areas so designated shall comply with all erosion and sediment control requirements and the performance standards in section 38-312.

(Code 1989, § 24-62; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

(a)

Delineation by the applicant. The site specific boundaries of the resource protection area shall be determined by the applicant through the plan of development process as outlined under division 4 of this article or through a water quality impact assessment as required under section 38-313, and subject to approval by the zoning administrator.

(b)

Any site-specific RPA boundary delineation is to be based on field conditions as required by the planning commission. The zoning administrator, when requested by an applicant wishing to construct a single-family residence or other structure permitted as a matter of right in an R-l District, may perform the delineation. The zoning administrator may use hydrology, soils, plant species and other data, and consult other appropriate resources as needed to perform the delineation.

(c)

Where conflict arises over delineation. Where the applicant has provided a site-specific delineation of the RPA, the zoning administrator will verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the zoning administrator may render adjustments to the applicant's boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief in accordance with the provisions of article XVI of this chapter.

(Code 1989, § 24-63; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

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

(Code 1989, § 24-64; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

Development in RPAs may be allowed only if it is water-dependent, or it constitutes redevelopment; or it constitutes development or redevelopment within the intensely developed area.

(1)

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

a.

It complies with the performance criteria set forth in section 38-312.

b.

Any non-water-dependent component is located outside of resource protection areas.

c.

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

d.

It does not conflict with the comprehensive plan.

(2)

Redevelopment outside of the town's designated IDA shall be permitted within the RPA only if there is no increase In the amount of impervious cover, no further encroachment into the RPA and it conforms to the performance criteria set forth in section 38-312.

a.

A water quality impact assessment shall be required for any proposed development, redevelopment or land disturbance 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, in accordance with the provisions of section 38-313.

b.

All development and redevelopment exceeding 2,500 square feet of land disturbance shall be subject to a plan of development process in accordance with plan of development requirements of this article, including the approval of a site plan in accordance with the provisions of the site plan requirements, or a subdivision plat in accordance with chapter 32. Through the aforesaid plan of development process, delineation of buildable areas allowed on each lot shall be shown on such site plans or subdivision plats, as well as the depiction of RPA boundaries, as that term is defined in section 38-286.

(Code 1989, § 24-65; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003; Ord. of 6-24-2013, § 24-69(c))

(a)

Purpose and intent.

(1)

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 stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential.

(2)

The purpose and intent of these requirements are also to implement the following objectives: prevent a net increase in nonpoint source pollution from new development; achieve a ten percent reduction in nonpoint source pollution from redevelopment; and achieve a 40 percent reduction in nonpoint source pollution from agricultural uses.

(b)

General performance standards for development and redevelopment.

(1)

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

a.

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

b.

Impervious cover shall be minimized consistent with the proposed use or type of development.

c.

Ingress and egress during construction shall be limited to one access point, unless otherwise approved by the zoning administrator.

(2)

Indigenous vegetation shall be preserved to the maximum extent practicable, consistent with the use or development allowed and in accordance with the Virginia Erosion and Sediment Control Handbook.

a.

Existing trees over six inches in diameter at breast height (DBH) shall be preserved outside the construction footprint. Diseased trees or trees weakened by age, storm, fire or other injury may be removed.

b.

Clearing shall be allowed only to provide necessary access, positive site drainage, water quality BMPs and the installation of utilities, as approved by the zoning administrator.

c.

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.

(3)

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

(4)

Any development or redevelopment exceeding 2,500 square feet of land disturbance shall be accomplished through a plan of development process, as set forth in plan of development requirements of this article, prior to any clearing or grading of the site or the issuance of any building permit, to ensure compliance with all applicable requirements of this article.

(5)

Notwithstanding any other provisions of this article or exceptions or exemptions thereto, any land disturbing activity exceeding 2,500 square feet, including construction of all single-family houses, septic tanks and drain fields, shall comply with the requirements of the local erosion and sediment control ordinance.

(6)

All onsite sewage disposal systems not requiring a Virginia Pollutant Discharge Elimination System (VPDES) permit shall be pumped out at least once every five years, in accordance with the provisions of the county health code.

(7)

For any development or redevelopment, stormwater runoff shall be controlled by the use of best management practices consistent with the water quality provisions of the state stormwater management regulations (4 VAC 3-20-10 et seq.) that achieve the following:

a.

For development, the post-development nonpoint source pollution runoff load shall not exceed the pre-development load, based on the calculated average impervious cover of 34 percent.

b.

For sites within IDAs or other isolated redevelopment sites, the nonpoint source pollution load shall be reduced by at least ten percent. The zoning administrator may waive or modify this requirement for redevelopment sites that originally incorporated best management practices for stormwater runoff quality control, provided the following provisions are satisfied:

1.

In no case may the post-development nonpoint source pollution runoff load exceed the pre-development load.

2.

Runoff pollution loads must have been calculated and the BMPs selected for the expressed purpose of controlling nonpoint source pollution.

3.

If best management practices are structural, evidence shall be provided that facilities are currently in good working order and performing at the design levels of service. The zoning administrator may require a review of both the original structural design and maintenance plans to verify this provision. A new maintenance agreement may be required to ensure compliance with this article.

c.

For redevelopment, both the pre- and post-development loadings shall be calculated by the same procedures. However, where the design data is available, the original post development nonpoint source pollution loadings can be substituted for the existing development loadings.

(8)

Prior to initiating grading or other onsite 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 plan of development requirements of this article.

(c)

Buffer area requirements.

(1)

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 retained if present and established where it does not exist.

(2)

The buffer area shall be located adjacent to and landward of other RPA components and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the RPA.

(3)

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

(4)

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

a.

In order to maintain the functional value of the buffer area, indigenous vegetation may be removed 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 preventing upland erosion and concentrated flows of stormwater, as follows:

1.

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

2.

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

3.

Dead, diseased or dying trees or shrubbery and noxious weeds such as Johnson grass, kudzu, and multiflora rose and thinning of trees may be allowed pursuant to sound horticultural practices incorporated into standards adopted by the town.

4.

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

b.

When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the zoning administrator may permit encroachments into the buffer area in accordance with plan of development requirements of this article and the following criteria:

1.

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

2.

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

3.

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

c.

Redevelopment within IDAs will be exempt from the buffer area.

(Code 1989, § 24-66; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

(a)

The purpose of a water quality impact assessment is to:

(1)

Identify the potentially adverse impacts of proposed development on water quality and lands within Chesapeake Bay Preservation Areas.

(2)

Ensure that, where development takes place within Chesapeake Bay Preservation Areas, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of resource protection areas and other sensitive lands.

(3)

Specify means to avoid, minimize or mitigate the impacts of development for water quality protection.

(b)

A water quality impact assessment shall be required:

(1)

For any land disturbance within a resource protection area.

(2)

For any buffer area encroachment.

(3)

For any variance or exception provided for in section 38-347.

(4)

The zoning administrator may waive the requirement for a water quality impact assessment (WQIA) only for projects located outside of the RPA, as the regulations clearly require a WQIA for any land disturbance within a RPA.

(5)

Where a water quality impact statement is deemed necessary by the zoning administrator to evaluate the potential impacts of the development upon water quality or a resource protection area by reason of the unique characteristics of the site or the intensity of the proposed use or development.

(c)

Contents of a water quality impact assessment. The following elements shall be included in a water quality assessment unless one or more such elements shall, in the judgment of the zoning administrator, not be reasonably necessary in determining the impact of the proposed development:

(1)

Location of the components of the RPA, including the 100-foot RPA buffer.

(2)

Location and nature of any proposed encroachments into the RPA buffer area, including the type of paving material; areas of clearing or grading and the location of any structures, driveways and other impervious cover.

(3)

Type and location of proposed stormwater management facilities and best management practices necessary to comply with performance standards for stormwater management contained in section 38-312(b)(8).

(4)

Calculation of pre- and post-development pollutant loading in accordance with section 38-312(b)(8).

(5)

Identification and status of any required wetlands permits from federal, state or local agencies.

(6)

An erosion and sediment control plan in accordance with the requirements of the local erosion and sediment control ordinance.

(7)

A narrative describing the site; the impacts of the proposed development on topography, soils, hydrology and geology; and the measures taken to mitigate nonpoint source pollution.

(d)

Evaluation procedure.

(1)

Upon the completed review of a water quality impact assessment, the zoning administrator will determine if any proposed modification or reduction to the buffer area is consistent with the purpose and intent of this article or if the proposed development is consistent with the purpose and intent of this article. The zoning administrator will make a finding based on the following criteria in conjunction with plan of development requirements:

a.

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

b.

Within any RPA, denial of the proposed development would result in the loss of use of a lot or parcel of record as of October 1, 1989.

c.

The disturbance of wetlands will be minimized.

d.

Impervious surface is minimized.

e.

The development as proposed meets the purpose and intent of this article.

f.

Proposed erosion and sediment control devices are adequate to achieve the reductions in runoff and prevent offsite sedimentation.

g.

Proposed stormwater management facilities and practices are adequate to control the stormwater runoff to achieve the required standard for pollutant control.

h.

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

i.

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.

(2)

The zoning administrator may request review of the water quality impact assessment by the Chesapeake Bay Local Assistance Department (CBLAD). Any comments by CBLAB will be considered by the planning commission provided that such comments are provided by CBLAB within 30 days of the request.

(Code 1989, § 24-67; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

(a)

Exemptions for public utilities, railroads and public roads.

(1)

Construction, installation, operation and maintenance of electric, natural gas and telephone transmission lines, cable television, railroads and public roads and their appurtenant structures, including sidewalks and lighting, in accordance with regulations promulgated pursuant to the Erosion and Sediment Control Law (Code of Virginia, § 62.1-44.15:51 et seq.) and the Stormwater Management Act (Code of Virginia, § 62.1-44.15:24 et seq.), an erosion and sediment control plan and a stormwater management plan approved by the state department of conservation and recreation, or local water quality protection criteria at least as stringent as the above state requirements will be exempt from the Overlay District requirements. The exemption of public roads is further conditioned on the following:

a.

Optimization of the road alignment and design, consistent with other applicable requirements, to prevent or otherwise minimize encroachment in the resource protection area and adverse effects on water quality.

b.

Public streets or roads are exempt from Overlay District requirements.

(b)

Exemptions for water, sewer, and natural gas lines. Construction, installation and maintenance of water, sewer and natural gas lines owned, permitted, or both, by the town or HRSD, shall be exempt from the Overlay District, provided that:

(1)

To the degree possible, the location of such utilities and facilities shall be outside RPAs.

(2)

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

(3)

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.

(4)

Any land disturbance exceeding an area of 2,500 square feet complies with all local erosion and sediment control requirements.

(c)

Exemptions in resource protection areas. The following land disturbances in resource protection areas may be exempted from the Overlay District:

(1)

Water wells;

(2)

Passive recreation facilities, such as boardwalks, trails and pathways; and

(3)

Historic preservation and archaeological activities they comply with the following conditions:

a.

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

b.

Sufficient and reasonable proof are submitted that the intended use will not substantially deteriorate water quality.

c.

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

d.

Any land disturbances exceeding an area of 2,500 square feet shall comply with all local erosion and sediment control requirements.

(d)

Exemptions for reconstruction following casualty loss. Reconstruction of structures and other improvements located within Chesapeake Bay Preservation Areas following a casualty loss shall be exempt from the requirements of this article, provided that:

(1)

The structure or other improvement existed on April 26, 1993.

(2)

Reconstruction is not otherwise prohibited by an ordinance of the town.

(Code 1989, § 24-68; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003; Ord. of 11-18-2024(1))

The lawful use of a building or structure which existed on April 26, 1993, or which exists at the time of any amendment to this article, and which is not in conformity with the provisions of the Overlay District may be continued in accordance with article XIII of this chapter, with the exception that:

(1)

The zoning administrator may grant a nonconforming use and development waiver for structures on legal nonconforming lots or parcels to provide for remodeling and alterations to such nonconforming structures, provided that:

a.

There will be no increase in nonpoint source pollution load.

b.

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

c.

An application for the expansion of a nonconforming principal structure within a resource protection area may be approved by the zoning administrator, provided that the following findings are made:

1.

The request for the waiver is the minimum necessary to afford relief.

2.

Granting the waiver will not confer upon the applicant any specific privileges that are denied by this article to other property owners in similar situation.

3.

The waiver is in harmony with the purpose and intent of this article and does not result in water quality degradation.

4.

The waiver is not based on conditions or circumstances that are self-created or self-imposed.

5.

In no case shall this provision apply to accessory structures.

(2)

An application for a nonconforming use and development waiver shall be made to and upon forms furnished by the zoning administrator and shall include for the purpose of proper enforcement of this article, the following information:

a.

Name and address of applicant and property owner.

b.

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

c.

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 resource protection area.

d.

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

(3)

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

(Code 1989, § 24-69; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

(a)

A request for an exception to the requirements of sections 38-311 and 38-312(c) for this Overlay District shall be made in writing to the planning commission. It 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 section 38-313 if required by the zoning administrator.

(b)

The town shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in accordance with Code of Virginia, § 15.2-2204, except that only one hearing shall be required.

(c)

The planning commission shall review the request for an exception and the water quality impact assessment, if required, and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this article if the planning commission finds:

(1)

Granting the exception will not confer upon the applicant any special privileges that are denied by this article to other property owners in the Overlay District.

(2)

The exception request is not based upon conditions or circumstances that are self-created or self-imposed.

(3)

The exception request is the minimum necessary to afford relief.

(4)

The exception request will be in harmony with the purpose and intent of the Overlay District, 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 exception request from causing a degradation of water quality.

(d)

If the planning commission cannot make the required findings or refuses to grant the exception, the zoning administrator shall return the request for an exception 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 a variance as provided in article XVI of this chapter.

(e)

The board of zoning appeals shall consider the water quality impact assessment, if required, and the findings and rationale of the planning commission in determining consistency with the purpose and intent of this article.

(f)

A request for an exception to the requirements of this article other than sections 38-311 and 38-312(c) shall be made in writing to the zoning administrator. The zoning administrator may grant these exceptions provided that:

(1)

Exceptions to the requirements are the minimum necessary to afford relief; and

(2)

Reasonable and appropriate conditions are placed upon any exception that is granted, as necessary, so that the purpose and intent of this article is preserved.

(3)

Exceptions to section 38-312(b) may be made provided that the findings noted in subsection (c) of this section are made.

(Code 1989, § 24-70; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

This purpose of this division is to set forth site plan requirements applicable in Chesapeake Bay Preservation Areas, which are required in addition to those cited in article XIX of this chapter.

(Code 1989, § 24-71(a); Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

(a)

Any development or redevelopment in a Chesapeake Bay Preservation Area (CBPA) exceeding 2,500 square feet of land disturbance shall be accomplished through a plan of development process prior to any clearing or grading of a site or the issuance of any building permit, to ensure compliance with all applicable requirements of this chapter. The plan of development process shall generally be satisfied by the approval of a site plan, or a plot plan (see chapter 32) in the case of single-family dwellings and accessory structures, and any additional plans or studies as required by the zoning administrator.

(b)

Any encroachment into an RPA shall require an applicant to prepare a site plan as outlined in article XIX of this chapter, including the submission of a water quality impact assessment, in accordance with section 38-313, if required.

(Code 1989, § 24-71(b); Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

(a)

General information. Plans for collecting and depositing stormwater and method of treatment of natural and artificial watercourses, including a delineation of proposed limits of floodplains, if any, as created or enlarged by proposed development.

(b)

Environmental site assessment requirements. An environmental site assessment, in accordance with section 38-312, be provided.

(c)

Erosion and sediment control requirements. Provisions of the adequate control of erosion and sedimentation, as required in section 38-312(b), shall be indicated on the site plan. When necessary for clarity, this information will be indicated on a separate sheet or sheets.

(d)

Stormwater management requirements. A stormwater management plan shall contain maps, graphs, tables, narrative descriptions and citations to supporting references as appropriate to communicate information required by section 38-312(b).

(1)

At a minimum, the stormwater management plan must contain the following:

a.

Location and design of all planned stormwater control devices.

b.

Procedures for implementing nonstructural stormwater control practices and techniques.

c.

Pre- and post-development nonpoint source pollutant loadings with supporting documentation of all utilized coefficients and calculations.

d.

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

(2)

All engineering calculations must be performed in accordance with procedures outlined in the current edition of the local assistance manual or any other good engineering methods deemed appropriate by the zoning administrator.

(Code 1989, § 24-71(b); Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

The zoning administrator will review and approve the site plan in accordance with article XIX of this chapter.

(Code 1989, § 24-71(c); Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

An environmental site assessment shall be submitted as a component of, and in conjunction with, site plan approval. Landscaping plans shall be prepared and/or certified by design professionals practicing within their areas of competence as prescribed by the Code of Virginia.

(1)

Contents of the plan.

a.

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

1.

Tidal wetlands.

2.

Tidal shores.

3.

Non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water body with perennial flow.

4.

A 100-foot buffer area located adjacent to and landward of the components listed in subsections (1)a.1 through 3 of this section, and along both sides of any water body with perennial flow.

5.

A 100-year floodplain.

6.

Any additional water features.

b.

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

c.

Any required buffer area shall be clearly delineated on the environmental site assessment. Within the buffer area, trees to be removed for sight lines, vistas, access paths and best management practices, as provided for in this chapter, shall be shown on the assessment. Vegetation required by this chapter to replace any existing trees within the buffer area shall be also shown on the environmental site assessment.

d.

Trees to be removed for shoreline stabilization projects and any replacement vegetation required by this chapter shall be shown on the environmental site assessment.

e.

The assessment 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.

f.

The environmental site assessment will include specifications for the protection of existing trees during clearing, grading and all phases of construction.

(2)

Plant specifications.

a.

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.

b.

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

c.

Where areas to be preserved, as designated on an approved environmental site assessment, are encroached, replacement of existing trees and other vegetation will be achieved at a ratio of three planted trees to one removed.

(Code 1989, § 24-71(d); Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)

(a)

Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no certificate of occupancy shall be issued until the installation of required plant materials or facilities is completed, in accordance with the approved site plan.

(b)

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

(c)

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 the town.

(d)

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

(e)

After all required actions of the approved site plan have been completed; the applicant must submit a written request for a final inspection. If the requirements of the approved plan have been completed to the satisfaction of the zoning administrator, such unexpended or 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 IIIB surveyor before making a final inspection.

(Code 1989, § 24-71(e); Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 6-23-2003)