Tangier City Zoning Code

4-1. Title. This district shall be known and referenced as the “Chesapeake Bay Preservation Area Overlay District” of the Town of Tangier, Virginia.

4-2   Purpose and Authority. It is the intent of the Town of Tangier, Virginia and this overlay district to protect, improve and enhance the waters of the Chesapeake Bay, its tributaries and other state waters. This Article is enacted under the authority of Section 10.1-2100 et seq. (The Chesapeake Bay Preservation Act) and Section 15.2-2283 of the Code of Virginia.

4-3   Conflict with Other Regulations. In any case where the requirements of this Article conflict with any other provision of the Town of Tangier Code or existing state or federal regulations, whichever imposes the more stringent restrictions shall apply.

4-4   Application of CBPA District.

A.    The Chesapeake Bay Preservation Area Overlay District (CBPA) shall apply to all lands identified as Chesapeake Bay Preservation Areas as designated by the Town of Tangier Town Council and as shown on the Town of Tangier Zoning Map as the Chesapeake Bay Preservation Area Overlay District. The Chesapeake Bay Preservation Area Overlay District is composed of a Resource Protection Area and a Resource Management Area.

1.    Resource Protection Areas (RPAs) include the following land categories, the protection of which is necessary to protect the quality of state waters:

a. Tidal wetlands;

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

c. Tidal shores;

d. A 100 foot vegetated buffer area located adjacent to and landward of the components listed in subsections a. through c. above and along both sides of any water body with perennial flow.

2.    Resource Management Areas (RMAs) are generally composed of the following land categories: floodplains; highly permeable soils; nontidal wetlands not included in the RPA; and hydric soils.

2. The Town of Tangier Zoning Map shows the general location of CBPA’s and should be consulted by persons contemplating activities within the Town of Tangier prior to engaging in a regulated activity.

C.     Portions of RPAs and RMAs designated by the Town Council as Intensely Developed Areas (IDAs) shall serve as redevelopment areas. Areas so designated shall comply with all Erosion and Sediment Control requirements in Section 1-9.C.2 and the stormwater management requirements in Section 4-9.B.1 b.

4-5   Interpretation of Resource Protection Area Boundaries. The site-specific boundaries of the Resource Protection Area shall be delineated by the applicant through the submission of a plot or site plan as required under Article 8 or through the review of a water quality impact assessment as Required under Section 4-10, subject to approval by the Administrator.

4-6 Use Regulations. 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.

4-7 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 an intended development in accordance with the performance standards in Section 4-9, Performance Standards, when such development is not otherwise allowed in the RPA.

4-8 Required Conditions.

A.    Development in the RPA may be allowed only when permitted by the Administrator and if it (i) is water dependent; (ii) constitutes redevelopment or development within the IDA; or (iii) constitutes redevelopment.

B.    A water quality impact assessment shall be required for any proposed land disturbance, development or redevelopment within the RPAs or when required by the Administrator because of the unique characteristics of the site or intensity of development, in accordance with the provisions of Section 4-10, Water Quality Impact Assessment, of this Article.

C.    Redevelopment outside of the IDA shall be permitted in the Resource Protection Area only if there is no increase in the amount of impervious cover and no further encroachment within the Resource Protection Area and it conforms with the erosion & sediment control requirements in Section 1-9.C.2 and stormwater management requirements in Section 4-9.B.1 of this Article.

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

1.  It does not conflict with the Tangier Town Plan;

2.  It complies with the performance criteria set forth in Section 1- 9 and 4-9.B of this Article;

3.  Any non-water-dependent component is located outside of Resource Protection Areas;

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

4-9   Performance Standards.

A. Purpose and Intent

It is the intent of these requirements to prevent a net increase in nonpoint source pollution from new development and achieve a 10% reduction in nonpoint source pollution from redevelopment. 

B. General Performance Standards for development and Redevelopment.

1.     For any development and redevelopment, stormwater runoff shall be controlled by the use of best management practices that achieve the following:

a.    For development, the post-development nonpoint source pollution runoff shall not exceed the pre-development load, based on the calculated average land cover condition for the Chesapeake Bay watershed as 16% or 45 pounds per acre per year.

b.    For redevelopment sites, the nonpoint source pollution load shall be reduced by at least 10%. The Administrator may waive or modify this requirement for redevelopment sites that originally incorporated Best management practices for storm water 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 polution loads must have been calculated and the best management practices 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.

c.    For redevelopment, both the pre- and the 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.

2. 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 Administrator, in accordance with Article 8, Plan of Development Requirements, of this Zoning Ordinance.

3. Buffer Area Requirements. 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.

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, in accordance with Section 4-4, Application of CBPA District, and Article 8, Plan of Development Requirements, of this Zoning Ordinance.

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

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

1.    In order to maintain the functional value of the buffer area, existing 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 storm water, as follows:

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

b.    For shoreline erosion control projects, 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.

2.    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 Administrator may permit encroachments into buffer area in accordance with Article 8, Plan of Development Requirements, of this Zoning Ordinance and the following criteria:

a.  Encroachment into the buffer area shall be the minimum necessary to achieve a reasonable buildable area for 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 of encroachment into the buffer area shall be established elsewhere on the lot or parcel; and
3. The encroachment may not extend into the seaward 50 feet of the buffer area

3.     Redevelopment within the IDA maybe exempt from the buffer area, in accordance with Article 8, Plan of Development Requirements, of this Ordinance.

4-10.      Water Quality Impact Assessment.

A. Purpose and Intent. The purpose of the water quality impact assessment is to identify the impacts of proposed development on water quality and lands within RPAs and other environmentally sensitive lands; ensure that, where development does take place within Resource Protection Areas 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 Resource Protection Areas and other sensitive lands; to protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high ground water, erosion, or vulnerability to flood and storm damage; and specify mitigation which will address water quality protection.

B. Water Quality Impact Assessment Required. A water quality impact assessment, to be submitted during the plot plan, site plan and /or subdivision review process, is required for:

1.     Any proposed land disturbance, development or redevelopment within a Resource Protection Area, including any buffer area encroachment as provided for in Section 4-10.C

2.     Any proposed development of redevelopment within an RMA. The Administrator may waive this requirement when it is apparent that the unique characteristics of the site (such as the topography, soils, groundcover, location of wetlands and tidal shores) will prevent the proposed development from causing a degradation of water quality.

C. Contents of a Water Impact Assessment. The water quality impact assessment shall be of sufficient specificity to demonstrate compliance with this Article. The information required in the Section shall be considered a minimum; the Administrator may determine that additional information is necessary due to the nature and scope of the proposed use and development of land. The impact statement shall be prepared by qualified persons acting within the limits of their professional expertise and license, and shall include the following:

1. Location of the components of the RPA, including the one hundred (100) foot RPA buffer and location of any water body with perennial flow.

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 storm water management facilities and best management practices necessary to comply with performance standards for storm water management contained in Section 4-9.B.

4.     Calculation of pre- and post- development pollutant loading in accordance with Section 4-9.B.

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 Accomack County’s 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

Administrator will determine if the proposed encroachment into 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.

2.   The Administrator may request review of the water quality impact

assessment by the Division of Chesapeake Bay Local Assistance (DCBLA).  Any comments by DBLA will be considered by the Planning Commission provided that such comments are provided by DCBLA within 30 days of the request.

4-11.   Exemptions.

1. Exemptions for Utilities, Railroads, and Public Roads.

1. Construction, installation, operation, and maintenance of electric, natural gas, fiber optic and telephone transmission lines, in accordance with (i) regulations promulgated pursuant to the Erosion and Sediment Control Law(Section 10.1-560 et seq. of the Code of Virginia) and the Stormwater Management Act, (ii) erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Conservation and Recreation, or (iii) local water quality protection criteria at least as stringent as the above state requirements will be deemed to constitute compliance with the Article.

2.   Construction, installation, and maintenance of water, sewer, natural gas and underground telecommunications and cable television lines owned, permitted or both by the Town of Tangier shall be exempt from the Overlay District provided that:

a.    To the degree possible, the location of such utilities and facilities shall be outside the 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 Accomack County erosion and sediment control requirements.

B.        Exemptions in Resource Protection Areas. The following land disturbances in RPAs may be exempted from the Overlay District: (i) water wells; (ii) passive recreation facilities such as boardwalks, trails, and pathways: and (iii) historic preservation and archaeological activities, provided that it is demonstrated to the satisfaction of the Administrator that:

1.    Any required permits, except those to which this exemption specifically applies, shall be 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 disturbances exceeding an area of 2,500 square feet shall comply with all Accomack County erosion and sediment control requirements.

4-12. Exceptions.

A. A request for an exception to the requirements of Sections 4-8 and 4-9.C shall be made in writing to the Board of Zoning Appeals. 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 4-10.

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

C.         The Board of Zoning Appeals shall review the request for an exception and the water quality impact assessment and may grant the exception with such condition and safeguards as deemed necessary to further the purpose and intent of this Article if the Board of Zoning Appeals 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, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels;

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 or substantial detriment to water quality; and

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

D.         If the Board of Zoning Appeals cannot make the required findings or

refuses to grant the exception, the Board of Zoning appeals shall return the request for an exception together with rationale for the decision to the applicant.

E.      A request for an exception to the requirements of provisions of this Article other that Sections 4-8.A and 4-9.C shall be made in writing to the Administrator. The 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 hat is granted, as necessary, so that the purposed and intent of this Article is preserved.

(3)     Exceptions to Sections 1-9 and 4-9.B may be made provided that the findings noted in Section 4-12.C are made.