(a)

The CB-1 Chesapeake Bay Preservation Area Overlay District (CB-1 District) is hereby enacted to implement the requirements of Code of Virginia, § 10.1-2100 et seq. (the Chesapeake Bay Preservation Act). The intent of the Town Council of the Town of West Point and the purpose of the CB-1 district is to:

(1)

Protect existing high quality state water;

(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;

(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 the Town of West Point.

(b)

The CB-1 district shall be in addition to and shall overlay all other zoning districts so that any parcel of land lying in the CB-1 district shall also lie in one or more of the other zoning districts. Unless otherwise stated in the CB-1 District, the review and approval procedures provided for elsewhere in the zoning ordinance shall be followed.

(c)

The CB-1 district is enacted under the authority of Code of Virginia, § 10.1-2100 et seq. and § 15.2-2283, as amended.

(Ord. of 11-15-91, § 15-300; Ord. of 2-27-95; Ord. No. 04-04, 6-28-04)

Editor's note— The provisions of section 70-250, which were defined terms pertaining to the Chesapeake Bay Preservation Overlay District as enacted by Ord. No. 04-04, have been transferred to section 70-24 at the direction of town officials.

(a)

The CB-1 District shall apply to all lands identified as CBPAs as designated by the town council of the Town of West Point and as shown on the Chesapeake Bay Preservation Area Map. Such map, together with all explanatory matter thereon, dated November 28, 2005, and bearing the signature of the mayor and the town clerk, is hereby incorporated by reference. The Chesapeake Bay Preservation Area Map shall be publicly displayed in the office of the zoning administrator, or at such other public locations, as he shall direct.

(1)

The resource protection area includes:

a.

Tidal wetlands;

b.

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

c.

Tidal shores;

d.

Such other lands considered by the local government to meet the provisions of subsection (a) of this section and to be necessary to protect the quality of state waters; and

e.

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

(2)

The resource management area is composed of concentrations of the following land categories: flood plains, highly erodible soils, including steep slopes, highly permeable soils; and nontidal wetlands not included in the RPA.

(b)

The CB-1 District map shows only the general location of CBPAs and should be consulted by persons contemplating activities within the Town of West Point prior to engaging in a regulated activity. The specific location of RPAs on a lot or parcel shall be delineated on each site or parcel as required under section 70-256 of this article.

(c)

Portions of RPAs and RMAs designated by the town council of the Town of West Point as intensely developed areas shall serve as redevelopment areas. Areas so designated shall comply with all erosion and sediment control requirements and other performance standards for redevelopment set forth in the ordinances of the Town of West Point.

(d)

If the boundaries of a CBPA include a portion of a lot, parcel or development project, the entire lot, parcel or development project shall comply with the requirements of the CB-1 District. The division of property shall not constitute an exemption from this requirement.

(e)

The components listed in this subsection, a. through d., shall not be subject to modification except as provided in section 70-254 and section 70-256.

(Ord. of 11-15-91, § 15-302; Ord. No. 04-04, 6-28-04; Ord. No. 11-05, 11-28-05)

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 in this article.

(Ord. of 11-15-91, § 15-303; Ord. No. 04-04, 6-28-04)

Lot size shall be subject to the requirements of the underlying zoning district, provided that any lot shall have sufficient area outside the RPA to accommodate an intended development, in accordance with the performance standards set forth herein, when such development is not otherwise allowed in the RPA.

(Ord. of 11-15-91, § 15-304; Ord. No. 04-04, 6-28-04)

(a)

All development and redevelopment exceeding 2,500 square feet of land disturbance in a Chesapeake Bay Preservation Area shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of this article or a subdivision plat in accordance with the West Point Subdivision Ordinance [chapter 54 of this Code].

(b)

When permitted by local ordinance, development in RPAs may be allowed only if it:

(1)

Is water-dependent;

(2)

Constitutes redevelopment; or

(3)

Constitutes development or redevelopment within a designated intensely developed area.

(c)

A new or expanded water dependent facility may be allowed provided that the following criteria are met:

(1)

It does not conflict with the comprehensive plan;

(2)

It complies with the performance criteria set forth in section 70-257 of this article;

(3)

Any non-water-dependent component is located outside of the RPA; and,

(4)

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

(d)

Redevelopment on isolated redevelopment sites outside of locally designated IDAs shall be permitted in the RPA only if there is no increase in the amount of impervious cover and no further encroachment in the RPA, and it shall conform to the applicable erosion and sediment control criteria in subsection 70-257(a)(4) and stormwater management requirements in subsection 70-257(a)(7) of this article.

(e)

A water quality impact assessment shall be required for any proposed development or redevelopment or land disturbance within RPAs and for any development exceeding 2,500 square feet of land disturbance within RMAs.

(Ord. of 11-15-91, § 15-305; Ord. of 2-27-95; Ord. No. 04-04, 6-28-04)

In any case where the requirements of this article conflict with any other provision of this Code or existing state or federal regulations, whichever imposes the more stringent restrictions shall apply.

(Ord. of 11-15-91, § 15-306; Ord. No. 04-04, 6-28-04)

(a)

Delineation by the applicant. The site-specific boundaries of the resource protection area shall be determined by the applicant through the performance of an environmental site assessment, subject to approval by the zoning administrator, or his designated representative, and in accordance with the plan of development process set forth in this article or by the performance of a water quality impact assessment in accordance with section 70-258 of this article. The Chesapeake Bay Preservation Area Map shall be used as a guide to the general location of resource protection areas.

(b)

Delineation by the zoning administrator, or his designated representative. The zoning administrator or his designated representative, when requested by an applicant, may waive the requirement for an environmental site assessment and perform the delineation. In all cases the applicant shall reimburse the town for all expenses incurred by the town relating to performing the delineation. Such reimbursement must be received by the town prior to the issuance of a zoning permit to the applicant. The zoning administrator or his designated representative, 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 or his designated representative, will verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the zoning administrator, or his designated representative, may render adjustments to the applicant's boundary delineation, in accordance with the plan of development process set forth in this article. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of this article.

(Ord. of 11-15-91, § 15-307; Ord. No. 04-04, 6-28-04)

(a)

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.

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

(2)

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

a.

Diseased trees or trees weakened by age, storm, fire, or other injury, and noxious weeds (such as Johnson grass, kudzu, and multiflora rose) may be removed as approved by the zoning administrator, or his designated representative.

b.

Site clearing shall be allowed to provide necessary access, positive site drainage, water quality BMPs, and the installation of utilities, as approved by the zoning administrator, or his designated representative.

c.

Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected five feet outside of the dripline of any tree or stand of trees to be preserved or around the perimeter of the area disturbed during development. 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 maximize natural pervious cover to promote infiltration of stormwater into the ground consistent with the proposed use or development permitted.

(4)

Notwithstanding any other regulations of the CB-1 District or exceptions or exemptions thereto, any land disturbing activity exceeding 2,500 square feet, including construction of all single-family houses, septic tanks, and drainfields, shall comply with the requirements of the Town of West Point Erosion and Sedimentation Control Ordinance [chapter 26 of this Code], as amended or succeeded.

(5)

All on-site sewage disposal systems not requiring a Virginia Pollutant Discharge and Elimination System (VPDES) permit shall be pumped out at least once every five years.

(6)

A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided in accordance with applicable Virginia Department of Health regulations. 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. Building or construction shall be prohibited on the area of all sewage disposal sites until the structure is served by public sewer or by an on-site sewage treatment system which operates under a permit issued by the state water control board.

(7)

For any use, development, or redevelopment, stormwater runoff shall be controlled by the use of best management practices consistent with the water quality protection provisions of the Virginia Stormwater Management Regulations, 4VAC 3-20-10 et seq, which have been designed by a professional engineer, land surveyor 3B, architect, landscape architect, or other professional licensed by the Board of Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects practicing within the regulations of the Board in the Commonwealth of Virginia:

a.

For development, the post-development nonpoint source pollution runoff load shall not exceed the pre-development load based on the calculated average land cover condition of the Town of West Point.

1.

For purposes of subsection (7)a. above, average impervious land cover shall be defined as 34 percent in the Mattaponi River Watershed and 45 percent in the Pamunkey River Watershed, based on "A Comprehensive Drainage Study and Stormwater Management Program for the Town of West Point, Virginia" dated October 1993.

2.

For sites within IDAs or other isolated redevelopment sites, the non-point-source pollution load shall be reduced by at least ten percent. The zoning administrator, or his designated representative, 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:

(i)

In no case may the post-development non-point-source pollution runoff load exceed the predevelopment load;

(ii)

Runoff pollution loads must have been calculated and the BMPs selected for the expressed purpose of controlling non-point-source pollution;

(iii)

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 or his designated representative, 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 chapter.

3.

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 non-point-source pollution loadings can be substituted for the existing development loadings.

(8)

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 or his designated representative.

(9)

Land upon which agricultural activities are being conducted shall have a soil and water quality assessment conducted. Such assessment shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, result in a plan outlining practices that accomplish water quality protection consistent with this chapter.

(b)

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 non-point-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, in accordance with the other provisions of this article.

(3)

The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients. Notwithstanding permitted uses, encroachments, and vegetation clearing, as set forth in this section, the 100-foot wide buffer is not reduced in width.

(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 only as permitted by the zoning administrator 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, 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 non-point-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) may be removed and reasonable thinning of trees allowed pursuant to sound horticultural practices.

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, or his designated representative, may through an administrative process permit encroachment into the buffer area in accordance with the plan of development process contained in 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 encroaching the buffer area shall be established elsewhere on the lot or parcel in a way to maximize water quality protection; and

3.

The encroachment may not extend into the seaward 50 feet of the buffer area. Any encroachment into the seaward 50 feet of the buffer, unless otherwise permitted or exempted under this chapter, shall require an exception in accordance with section 70-262.

c.

Redevelopment within IDAs in the buffer area may not be required to reestablish vegetation.

d.

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 taken to prevent noxious weeds from invading the buffer area. Agricultural buffer area encroachments may be allowed as follows:

1.

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

2.

Agricultural activities may encroach within 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 tests, must be developed, consistent with the Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15) 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.

3.

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 local soil and water conservation district to address the more predominant water quality issue on the adjacent land-either erosion control or nutrient management.

e.

Where land uses such as agriculture or silviculture within the area of the buffer cease and the lands are proposed to be converted to other uses, the full 100-foot wide buffer shall be re-established. In re-establishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions as set forth in subsection 70-257(b).

(Ord. of 11-15-91, § 15-309; Ord. of 2-27-95; Ord. No. 04-04, 6-28-04)

(a)

Water quality impact assessment required. A water quality impact assessment is required for:

Any proposed land disturbance, development, or redevelopment within an RPA which includes any buffer area encroachment as provided for in this article; and

Any land disturbance, development, or redevelopment in a RMA exceeding 2,500 square feet of land disturbance.

There shall be two levels of water quality impact assessments: a minor assessment and a major assessment.

(1)

Minor water quality impact assessment. A minor water quality impact assessment pertains only to proposed land disturbance, development, or redevelopment within CBPAs which causes no more than 5,000 square feet of land disturbance and/or proposes any encroachment into the landward 50 feet of the 100-foot buffer area as permitted under subsection 70-262(b)(2). A minor assessment must demonstrate that the undisturbed buffer area, vegetative plantings, and necessary best management practices will result in removal of no less than 75 percent of sediments and 40 percent of nutrients from post-development stormwater runoff, and that 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 and the location of any water body with perennial flow;

b.

Location and nature of the proposed encroachment into the buffer area, 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;

c.

Type and location of proposed best management practices to mitigate the proposed encroachment;

d.

Location of existing vegetation on site, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification;

e.

Revegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, and erosion and runoff control.

(2)

Major water quality impact assessment. A major water quality impact assessment shall be required for any proposed land disturbance, development, or redevelopment which:

Exceeds 5,000 square feet of land disturbance within CBPAs and proposes any encroachment into the landward 50 feet of the 100 foot buffer area;

Disturbs any portion of the seaward 50 feet of the 100 foot buffer area or any other component of an RPA; or

Is located in an RMA and is deemed necessary by the zoning administration or his designated representative.

The information required in this section shall be considered a minimum, unless the zoning administrator, or his designated representative, 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 above.

b.

A hydrogeological element that:

1.

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

2.

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

3.

Indicates the following:

(i)

Disturbance or destruction of wetlands and justification for such action;

(ii)

Disruptions or reductions in the supply of water to wetland, streams, lakes, rivers, or other water bodies;

(iii)

Disruptions to existing hydrology including wetland and stream circulation patterns;

(iv)

Source location and description of proposed fill material;

(v)

Location of dredge material and location of dumping area for such material;

(vi)

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

(vii)

Estimation of percent increase in impervious surface on site and types of surfacing materials used;

(viii)

Percent of site to be cleared for project;

(ix)

Anticipated duration and phasing schedule of construction project;

(x)

Listing of all requisite permits from all applicable agencies necessary to develop project.

4.

Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigation measures include:

(i)

Proposed erosion and sediment control concepts; 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;

(ii)

Proposed stormwater management system;

(iii)

Creation of wetlands to replace those lost;

(iv)

Minimizing cut and fill.

c.

A landscape element that:

1.

Identifies and delineates the location of all significant plant material on site, including individual trees in open areas and the outline of groups or stands of trees.

2.

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

(i)

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

(ii)

Delineation of trees which will be removed;

(iii)

Description of plant species to be disturbed or removed.

3.

Describes the potential measures for mitigation. Possible mitigation measures include:

(i)

Replanting schedule for trees and other significant vegetation removed for construction, including a list of possible plants and trees to be used;

(ii)

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.

(iii)

Demonstration that indigenous plants are to be used to the greatest extent possible.

d.

Identification of the existing characteristics and conditions of sensitive lands included as components of Chesapeake Bay Preservation Areas, as defined in this article.

e.

Identification of the natural processes and ecological relationships inherent in the site, and an assessment of the impact of the proposed use and development of land on these processes and relationships.

(b)

Submission and review requirements.

(1)

Five copies of all site drawings and other applicable information as required by subsections (a)(1) and (a)(2) of this section shall be submitted to the zoning administrator, or his designated representative, for review.

(2)

All information required in this section shall be certified as complete and accurate by a professional engineer, land surveyor (IIIB), architect, landscape architect, or other professional licensed by the board of architects, professional engineers, land surveyors, certified interior designers and landscape architects practicing within the regulations of the board.

(3)

A minor water quality impact assessment shall be prepared and submitted to and reviewed by the zoning administrator, or his designated representative in conjunction with other provisions of this article.

(4)

A major water quality impact assessment shall be prepared and submitted to and reviewed by the zoning administrator or his designated representative, in conjunction with a request for rezoning, special use permit, or in conjunction with other provisions of this article, as deemed necessary by the zoning administrator, or his designated representative.

(c)

Evaluation procedure.

(1)

Upon the completed review of a minor water quality impact assessment, the zoning administrator, or his designated representative, will determine if any proposed modification or encroachment into the buffer area is consistent with the provisions of this article and make a finding based upon the following criteria:

a.

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

b.

Impervious surface is minimized;

c.

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

d.

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

e.

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;

f.

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

(2)

Upon the completed review of a major water quality impact assessment, the zoning administrator, or his designated representative, will determine if the proposed development is consistent with this chapter and make a finding based upon the following criteria:

a.

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

b.

The disturbance of any wetlands will be minimized;

c.

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

d.

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

e.

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

f.

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

g.

Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits;

h.

The design and location of any proposed drainfield will be in accordance with the requirements of the performance standards section of this article;

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.

(3)

The zoning administrator or his designated representative, shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the zoning administrator or his designated representative, based on the criteria listed in subsections (a) and (b) of this section.

(4)

The zoning administrator or his designated representative, shall find the proposal to be inconsistent with the provisions of this article when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the zoning administrator or his designated representative, based on the criteria listed in subsections (1) and (2) of this section.

(Ord. of 11-15-91, § 15-310; Ord. No. 04-04, 6-28-04)

Any development or redevelopment exceeding 2,500 square feet of land disturbance within the CB-1 District shall be accomplished through a plan of development process prior to any development activities on-site such as clearing or grading of the site or the issuance of any building permit, to assure compliance with all applicable requirements of this article. Except as otherwise provided by this article, where development or redevelopment is proposed for single-family residential use of a lot or parcel, the zoning administrator may approve the plan of development through an administrative process.

(1)

Required information. In addition to the requirements of this article and the West Point Subdivision Ordinance [chapter 54 of this Code], the plan of development process shall consist of the plans and studies identified below. These required plans and studies may be coordinated or combined with any and all site plans and studies required by law, as deemed appropriate by the zoning administrator or his designated representative, may determine that some of the following information is unnecessary due to the scope and nature of the proposed development and may waive the requirement to submit that information. The following plans or studies shall be submitted, unless otherwise provided for:

a.

A site plan in accordance with the provisions of the West Point Zoning Ordinance [this chapter]; this site plan must show the delineation of the buildable areas on each lot, based on Chesapeake Bay Preservation Area performance criteria, local front and side yard setbacks, and any other easement or limitation regarding lot coverage;

b.

An environmental site assessment;

c.

A landscaping plan;

d.

A stormwater management plan;

e.

An erosion and sediment control plan in accordance with the provisions of the West Point Erosion and Sediment Control Ordinance [chapter 26 of this Code].

(2)

Environmental site assessment. An environmental site assessment shall [be] submitted in conjunction with preliminary site plan or preliminary subdivision plan approval, or with the final site plan if no preliminary site plan is required.

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 bodies with perennial flows;

4.

A 100-foot buffer area located adjacent to and landward of the components listed in subsections (2)a.1. through (2)a.3. above, and along both sides of any water body with perennial flow;

5.

Other sensitive environmental features as determined by the zoning administrator, or his designated representative.

b.

Wetlands delineations shall be performed consistent with the procedures specified in the appropriate federal manual for identifying and delineating jurisdictional wetlands.

c.

The environmental site assessment shall delineate the site-specific geographic extent of the RPA as required under section 70-256.

d.

The environmental site assessment shall be drawn at the same scale as the preliminary and final site plan or subdivision plat, and shall be certified as complete and accurate by a professional engineer or a certified land surveyor. This requirement may be waived by the zoning administrator or his designated representative, when the proposed use or development would result in less than 5,000 square feet of disturbed area.

(3)

Landscaping plan. A landscaping plan shall be submitted in conjunction with 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. Landscaping plans shall be prepared and/or certified by a certified nurseryman, certified landscape designer or a professional licensed by the board of architects, professional engineers, land surveyors, certified interior designers and landscape architects.

a.

Contents of the plan.

1.

The landscaping plan shall be drawn to scale and clearly delineate the location, size and description of existing and proposed plant material. Within the RPA, individual trees shall be shown in open areas or, where there are groups of trees, stands may be outlined. The specific number of trees six inches or greater DBH to be preserved outside of the construction footprint shall be indicated on the plan. Trees and other woody vegetation proposed to be removed to create a desired construction footprint shall be clearly delineated on the landscaping plan.

2.

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

3.

Within the buffer area, trees and other woody vegetation to be removed for sight lines, vistas, access paths and best management practices, as provided for in this article, shall be shown on the plan.

4.

Trees and other woody vegetation to be removed for shoreline stabilization projects.

5.

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.

6.

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

b.

Plant specification.

1.

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

2.

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

3.

Where areas to be preserved, as designated within the RPA on an approved landscaping plan, are encroached, replacement of existing trees and other vegetation will be achieved at a ratio of three planted trees to one removed. Replacement trees shall be a minimum of 3½ feet in height at the time of planting.

c.

Maintenance.

1.

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

2.

In buffer areas and areas outside of 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 article.

(4)

Stormwater management plan. A stormwater management plan shall be submitted as part of the plan of development process required by this article and in conjunction with site plan or subdivision plan approval.

a.

Contents of the plan. The stormwater management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions, explanations, and citations to support references as appropriate to communicate the information required by this article. At a minimum, the stormwater management plan must contain the following:

1.

Location and design of all planned stormwater control devices;

2.

Procedures for implementing non-structural stormwater control practices and techniques;

3.

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

4.

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

b.

Site specific facilities. Site-specific facilities shall be designed for the ultimate development of the contributing watershed based on zoning, comprehensive plans, local public facility master plans, or other similar planning documents.

c.

Engineering calculations. All engineering calculations must be performed in accordance with procedures outlined in the current edition of the Virginia Stormwater Management Handbook.

d.

Long-term schedule for inspection and maintenance. The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities that includes all maintenance requirements and persons responsible for performing maintenance. If the designated maintenance responsibility is with a party other than the Town of West Point, then a maintenance agreement shall be executed between the responsible party and the Town of West Point.

(5)

Erosion and sediment control plan. An erosion and sediment control plan shall be submitted that satisfies the requirements of this article and in accordance with the West Point Erosion and Sedimentation Control Ordinance [chapter 26 of this Code], as amended, in conjunction with site plan or subdivision plan approval.

(6)

Final plan. Final plans for property within CBPAs shall be final plats for land to be subdivided or site plans for land not to be subdivided as required in this article or the West Point Subdivision Ordinance, as applicable.

a.

Final plans for all lands within CBPAs shall include the following additional information:

1.

The delineation of the resource protection area boundary;

2.

The delineation of required buffer areas;

3.

All wetlands permits required by law;

4.

A maintenance agreement as deemed necessary and appropriate by the zoning administrator, or his designated representative, to ensure proper maintenance of best management practices in order to continue their functions;

5.

Plat or plan note stating that no land disturbance is allowed in the buffer area without review and approval by the zoning administrator;

6.

The delineation of the buildable areas on each lot, based on the performance criteria, local front and side yard setbacks and any other limits or easements regarding lot coverage.

b.

Installation and bonding requirements.

1.

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.

2.

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 of West Point a form of surety satisfactory to the zoning administrator or his designated representative, 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.

3.

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 of West Point. Any surety forfeited to the town shall be used to install required landscaping.

4.

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 of West Point. The Town of West Point may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held.

5.

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, or his designated representative, 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, or his designated representative, may require a certificate of substantial completion from a professional engineer or class IIIB surveyor before making a final inspection.

(7)

Administrative responsibility. Administration of the plan of development process shall be in accordance with the provisions of this article or the West Point Subdivision Ordinance [chapter 54 of this Code].

(Ord. of 11-15-91, § 15-311; Ord. No. 04-04, 6-28-04; Ord. No. 01-2017, Pt. A, 5-27-17)

(a)

The lawful use of a building or structure which existed on the effective date of the ordinance from which this article is derived, and which is not in conformity with the provisions of the CB-1 District may be continued in accordance with this article.

(b)

Nothing in this article shall prevent the reconstruction of any structure existing on the effective date of the ordinance from which this article is derived which has been partially or wholly damaged by casualty or natural deterioration, unless otherwise restricted by law or regulation.

(c)

No change or expansion of a valid nonconforming use shall be allowed with the exception that the zoning administrator or his designated representative 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:

(1)

There will be no increase in non-point-source pollution load;

(2)

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

(d)

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

(1)

Name and address of applicant and property owner;

(2)

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

(3)

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;

(4)

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

(e)

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

(f)

An application for the expansion of a legal principal nonconforming structure may be approved by the zoning administrator through an administrative process 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 the article to other property owners in similar situations;

(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)

Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation to water quality;

(6)

Other findings, as appropriate and required by the Town of West Point are met; and

(7)

In no case shall this provision apply to accessory structures.

(Ord. of 11-15-91, § 15-312; Ord. of 2-27-95; Ord. No. 04-04, 6-28-04)

(a)

Public utilities, railroads, public roads and facilities exemptions.

(1)

Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with:

a.

Regulations promulgated pursuant to the Erosion and Sediment Control Law (Code of Virginia, § 10.1-560 et seq.) and the Stormwater Management Act (Code of Virginia, § 10.1-603.1 et seq.);

b.

An erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Conservation and Recreation; or

c.

Local water quality protection criteria at least as stringent as the above state requirements will be deemed to constitute compliance with this chapter.

The exemption of public roads is further conditioned on the following: 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.

(2)

Construction, installation and maintenance of water, sewer, natural gas and underground telecommunications and cable television lines owned, permitted, or both, by a local government or regional service authority shall be exempt from the criteria in this part provided that:

a.

To the degree possible, the location of such utilities and facilities should be outside resource protection areas;

b.

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

c.

All such construction, installation and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal 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 erosion and sediment control requirements of this part.

(b)

Exemptions for silvicultural activities. Silvicultural activities are exempt from the requirements of this article provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in "Virginia's Forestry Best Management Practices for Water Quality."

(c)

Exemptions in resource protection areas. The following land disturbances in resource protection areas are exempted from the CB-1 District regulations:

(1)

Water wells;

(2)

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

(3)

Historic preservation of structures located within a locally designated historic preservation district adopted pursuant to this article and archaeological activities, provided that it is demonstrated to the satisfaction of the zoning administrator or his designated representative that:

a.

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

b.

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

c.

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

d.

Any land disturbance exceeding an area of 2,500 square feet shall comply with all the West Point erosion and sediment control requirements.

(Ord. of 11-15-91, § 15-313; Ord. of 2-27-95; Ord. No. 04-04, 6-28-04)

(a)

A request for an exception to the requirements of section 70-254 and subsection 70-257(b) of this article 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 resource protection area through the performance of a water quality impact assessment which complies with the provisions of section 70-258.

(b)

The Town of West Point 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 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 denied by this article to other property owners in the overlay district;

(2)

The exception request is not based on 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, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of 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 planning commission cannot make the required findings or refuses to grant the exception, the planning commission 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.

(e)

A request for an exception to the requirements of provisions of this article other than section 70-254 and subsection 70-257(b) 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 under subsection 70-257(a) may be made provided that the findings noted in subsection 70-262(c) are made.

(Ord. of 11-15-91, § 15-314; Ord. No. 04-04, 6-28-04)

(a)

In the event any applicant, landowner or other aggrieved parties shall take exception to the actions of the zoning administrator under the provisions of this article, said aggrieved parties shall have the absolute right to appeal the actions, findings, or refusals to act of the zoning administrator to the board of zoning appeals. Upon such appeal, the zoning administrator shall deliver the appropriate documents along with a written statement of findings and rationale for his actions or failure to act.

(b)

In making its findings on appeal, the board of zoning appeals shall consider the findings and rationale of the zoning administrator or his designated representative, as well as all documents, findings, reports and testimonies submitted by the applicant, in determining harmony with the intended spirit and purpose of this article. The decision of the board of zoning appeals shall be final.

(Ord. of 11-15-91, § 15-315; Ord. No. 04-04, 6-28-04)

If any section, subsection, paragraph, sentence, clause, or phrase of this article be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this article. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable.

(Ord. of 11-15-91, § 15-316; Ord. No. 04-04, 6-28-04)

(a)

Any person who fails to comply with any of the requirements or provisions of this article shall be guilty of a misdemeanor of the first class and subject to the penalties therefore.

(b)

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article.

(Ord. of 11-15-91, § 15-317; Ord. No. 04-04, 6-28-04)