(a)

These regulations are designed to protect and improve the water quality of the Chesapeake Bay, its tributaries, buffer areas and other sensitive environmental lands by minimizing the potential adverse effects of human activity upon these areas. These regulations are intended to encourage and promote:

(1)

Protection of existing high-quality state waters and restoration of 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;

(2)

Safeguarding the clean water of the commonwealth from pollution;

(3)

Prevention of any increase in pollution;

(4)

Reduction of existing pollution; and

(5)

Promotion of water resource conservation in order to provide for the health, safety and welfare of the present and future citizens of the commonwealth and the city.

(b)

This article, in conjunction with Article VII of this chapter, Site Plans; other applicable sections of this chapter, Chapter 16, Subdivisions; Chapter 7, Article II, Erosion and Sedimentation Control; Chapter 7, Article III, Wetlands; and Chapter 7, Article I, Stormwater Management; is intended to address management practices for "environmental land units" as identified by the comprehensive plan and which comprise one or more of the following physical attributes: steep slopes, hydric and highly permeable soils, highly erodible soils, vulnerable ground cover, rare ecological areas, aquifer recharge areas, wetlands, stream valleys, floodplains, established drainageways, other lowlands with sensitive environmental characteristics, and public rights-of-way and easements.

(c)

This article is also intended to support the goals of the Chesapeake Bay Preservation Act (§ 62.1-44.15:72 of the Code of Virginia) and the city's comprehensive plan by encouraging both the preservation of environmentally sensitive areas and the development of planning sub areas (most developable areas), both as identified on the future land use map of the comprehensive plan.

(Ord. No. 03-37, 12-11-03; Ord. No. 14-15, 6-12-14)

(a)

The Chesapeake Bay Preservation Areas are shown on the Chesapeake Bay Preservation Area Map as resource protection areas (RPAs) and resource management areas (RMAs); these designations show the general location of RPAs and RMAs and should be consulted by persons contemplating development. Site-specific boundaries of the resource protection areas (RPAs) and the resource management areas (RMAs) shall be determined by the applicant through the performance of an environmental site assessment.

(b)

The resource protection area includes:

(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)

Other sensitive lands adjacent to water bodies with perennial flow that provide for the removal, reduction or assimilation of sediments, nutrients and potentially harmful or toxic substances in runoff.

(5)

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

(c)

The resource management area (RMA) includes all city land situated within 500 feet of the landward boundary of a resource protection area (RPA). If only a portion of a lot or parcel is in an RMA, than only that portion shall be subject to the RMA regulations. The resource management area includes:

(1)

Floodplains.

(2)

Highly erodible soils, including steep slopes.

(3)

Highly permeable soils.

(4)

Nontidal wetlands.

(5)

Other land types that, if improperly used or developed, have a potential for causing significant water quality degradation.

(Ord. No. 03-37, 12-11-03)

(a)

Resource protection areas.

(1)

Development is allowed in the resource protection areas, subject to approval by the zoning administrator, only if it:

a.

Is water dependent;

b.

Constitutes redevelopment;

c.

Is a new use established pursuant to section 21-821(d)(5)(b);

d.

Is a road or driveway crossing satisfying the conditions set forth in section 21-825;

e.

Is a flood control or stormwater management facility satisfying the conditions set forth in section 21-821(c).

(2)

All non-water-dependent components of the above shall be located outside of RPAs. Access, utilities or other land disturbance necessary to serve water-dependent facilities shall be held to a minimum with a single point of access where possible, and with the lowest practicable number of points of access where a single point is not reasonably possible. All points of access shall be approved by the zoning administrator. The water-dependent facility shall not conflict with the comprehensive plan, and shall comply with the performance standards in section 21-821.

(3)

Redevelopment 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 shall conform to applicable erosion and sediment control and stormwater management criteria as set forth in section 21-821(c).

(b)

Resource management areas. Uses permitted in the resource management areas shall be those permitted in the underlying zoning district.

(Ord. No. 03-37, 12-11-03)

Lot size shall be subject to the requirements of the underlying zoning districts, provided that any lot shall have sufficient area outside the RPA to accommodate an intended development.

(Ord. No. 03-37, 12-11-03)

(a)

All development, redevelopment, and land disturbance greater than 2,500 square feet shall be subject to Article VII of this chapter, Site Plans; Chapter 7, Article I, Stormwater Management; Chapter 7, Article II, Erosion and Sedimentation Control; Chapter 16, Subdivisions; and Chapter 7, Article III, Wetlands.

(b)

A water quality impact assessment, in accordance with section 21-821(e), shall be required for any proposed development or redevelopment within an RPA or RMA or any land disturbance within an RPA. The zoning administrator may waive this requirement within an RMA when it is apparent without further study that the unique characteristics of the site (such as the topography, soils, ground cover, location of wetlands and tidal shores) will prevent the proposed development from causing a degradation of water quality.

(Ord. No. 03-37, 12-11-03; Ord. No. 14-15, 6-12-14)

(a)

Purpose and intent. Performance standards for the development of land in Chesapeake Bay Preservation Areas are designed to establish the means to reduce areas of land disturbance, minimize erosion and sedimentation potential, reduce land application of nutrients and toxins, and maximize rainwater infiltration. The standards are also intended to prevent a net increase in nonpoint source pollution from new development and to achieve a reduction in nonpoint source pollution from redevelopment.

(b)

General standards.

(1)

No more land shall be disturbed than is necessary to provide for the proposed use or development.

(2)

Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the use or development proposed.

(3)

Where the best management practices utilized require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by the city through a maintenance agreement with the owner or developer or some other mechanism that achieves an equivalent assurance of performance.

(4)

Land development shall minimize impervious cover consistent with the proposed use or development.

(c)

Stormwater management standards for Chesapeake Bay Preservation Areas.

(1)

For any development proposal, except as noted below, the development proposal shall comply with section 7-21, technical criteria for regulated land-disturbing activities.

a.

This requirement shall be waived for the construction of one-family and two-family dwellings on lots that were recorded prior to September 20, 1990, provided that said lots are served by streets and utilities that were constructed prior to September 20, 1990.

(2)

The following stormwater management options shall be considered to comply with this subsection:

a.

Incorporation on the site of best management practices that meet the water quality protection requirements set forth in this subsection, and which also meet the requirements of the most recently adopted revision to the Williamsburg Stormwater Management Plan. For the purposes of this subsection, the "site" may include multiple projects or properties that are adjacent to one another or lie within the same drainage area where a single best management practice will be utilized by those projects to satisfy water quality protection requirements;

b.

Compliance with the most recently adopted revision to the Williamsburg Stormwater Management Plan. This may include a Virginia Pollution Discharge Elimination System (VPDES) permit issued by the Department of Environmental Quality to the city for its municipal separate storm sewer system (MS4) discharges.

c.

Compliance with a site specific VPDES permit issued by the Department of Environmental Quality, provided that the local government specifically determines that the permit requires measures that collectively achieve water quality protection equivalent to that required by this subsection.

(3)

Redevelopment of any site shall comply with section 7-21, technical criteria for regulated land-disturbing activities to achieve the required reduction of nonpoint source pollution in runoff compared to the existing runoff load from the site. Post-development runoff from any site to be redeveloped that is currently served by water quality best management practices shall be permitted to use the existing best management practice if the best management practice is proven to be compliant with section 7-21, technical criteria for regulated land-disturbing activities.

(4)

Any maintenance, alteration, use or improvement to an existing structure which does not degrade the quality of surface water discharge is exempt from the requirements of this subsection.

(d)

Buffer area requirements for resource protection areas.

(1)

To minimize the adverse effects of human activities on the other components of the resource protection areas, state waters and aquatic life, a minimum 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 resource protection area 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 resource protection area.

(3)

[Reserved.]

(4)

[Reserved.]

(5)

The following additional performance criteria shall apply:

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, 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) may be removed and thinning of trees may be allowed, pursuant to sound horticultural practice. A recommendation by a professional forester or arborist may be required by the zoning administrator.

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, subject to the issuance of any required permits.

b.

When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, encroachments into the buffer area may be allowed by the zoning administrator in accordance with the following criteria:

1.

Encroachments into the buffer area 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 of encroachment into the buffer area shall be established elsewhere on the lot or parcel.

3.

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

(e)

Water quality impact assessment.

(1)

Purpose. The purpose of the water quality impact assessment is to identify the impacts of proposed development on water quality and lands within resource protection areas and other environmentally sensitive lands; to 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 to specify mitigation which will address water quality protection.

(2)

When required. A water quality impact assessment, to be submitted during the plot plan, site plan and/or subdivision review process, is required for:

a.

Any proposed development or redevelopment within a resource protection area, including any buffer area encroachment as provided for in section 21-821(d)(5)b.

b.

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

c.

Any land disturbance within an RPA.

(3)

The water quality impact assessment shall be of sufficient specificity to demonstrate compliance with this article. The impact statement shall be prepared by qualified persons acting within the limits of their professional expertise and license, and shall include the following:

a.

Location of the components of the RPA, including the 100-foot RPA buffer, based on a site-specific evaluation.

b.

Location of the RMA boundaries.

c.

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

d.

A stormwater management plan, or an executed agreement in lieu of a stormwater management plan, in accordance with Chapter 7, Article I, Stormwater Management.

e.

[Reserved.]

f.

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

g.

An erosion and sediment control plan in accordance with chapter 7, article II, Erosion and Sedimentation Control.

h.

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.

(Ord. No. 03-37, 12-11-03; Ord. No. 14-15, 6-12-14)

(a)

Delineation by applicant. The Chesapeake Bay Preservation Area map shall be used as a guide to the general location of the RPAs and RMAs. The site-specific boundaries of the resource protection areas (RPAs) and the resource management areas (RMAs) shall be determined through the performance of a site specific environmental site assessment, which shall be done as a part of a site plan (article VII of this chapter), a subdivision preliminary plat or development plan (Williamsburg Subdivision Ordinance), a development plan for a PDR or PDD rezoning (section 21-483 of this chapter), and/or a land disturbing permit (chapter 7, article II, Erosion and Sedimentation Control). The environmental site assessment shall be prepared by a qualified person acting within the limits of their professional expertise and license, and shall include the following:

(1)

Location of the following features: tidal shores; tidal wetlands; nontidal wetlands; floodplains; highly erodible soils (including steep slopes); and highly permeable soils, and water bodies with perennial flow.

(2)

A narrative statement explaining the rationale for the boundary delineation.

(b)

Delineation by the zoning administrator. The zoning administrator, when requested by an applicant for a minor site plan in accordance with section 21-779, may waive the requirement for an environmental site assessment and perform the site-specific delineation. The zoning administrator may use remote sensing, hydrology, soils, plant species and other data, and consult other appropriate resources as needed to perform the delineation.

(c)

Procedure where conflicts arise over delineation. Where the applicant has provided a site-specific delineation of the RPA and/or RMA, the zoning administrator will verify the accuracy of the boundary delineation. In determining the site-specific RPA and/or RMA boundaries, the zoning administrator may render adjustments to the applicant's boundary delineation, in accordance with Article VII, Site Plans, and Chapter 16, Subdivisions. In the event the adjusted boundary delineation is contested by the applicant, the applicant may petition the board of zoning appeals, in accordance with Article II, Division 5, to determine the boundary delineation.

(Ord. No. 03-37, 12-11-03)

(a)

The zoning administrator may waive or modify the requirements herein for principal buildings or principal structures on legal nonconforming lots or parcels to provide for remodeling and alterations or additions to such nonconforming principal buildings or principal structures provided that:

(1)

There will be no increase in nonpoint source pollution load; and

(2)

Any development or land disturbance exceeding an area of 2,500 square feet complies with Chapter 7, Article II, Erosion and Sedimentation Control, and Chapter 7, Article I, Stormwater Management.

(3)

In no case shall this provision apply to accessory structures.

(4)

A finding is made that:

a.

Granting the waiver or modification will not confer upon the applicant any special privileges that are denied to other property owners who are subject to the provisions of this article and who are similarly situated;

b.

The waiver or modification request is not based on conditions or circumstances that are self-created or self-imposed;

c.

The requested waiver or modification is the minimum necessary to afford relief; and

d.

The waiver or modification is in harmony with the purpose and intent of this article and is not of substantial detriment to water quality; and

e.

Reasonable and appropriate conditions are imposed, as warranted, that will prevent the allowed activity from causing a degradation of water quality.

(Ord. No. 03-37, 12-11-03; Ord. No. 14-15, 6-12-14)

(a)

Public utilities, railroads and public roads and facilities.

(1)

Construction, installation and maintenance of electric, water, sewage, natural gas and telephone transmission lines, railroads, and public roads and their appurtenant structures in compliance with the Erosion and Sedimentation Control Law (Article 2.4 (§ 62.1-44.15:51 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia) and the Virginia Stormwater Management Act (Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia); an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Environmental Quality; or stormwater management standards as listed in Chapter 7, Article I, Stormwater Management.

a.

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

(2)

Construction, installation and maintenance of water, sewer natural gas, underground telecommunications and cable televisions lines owned, permitted, or both by the city, shall be exempt from this article provided that:

a.

To the degree possible, the location of such utilities and facilities should be outside RPAs;

b.

No more land shall be disturbed than is necessary to provide 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 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 Chapter 7, Article II, Erosion and Sedimentation Control and Chapter 7, Article I, Stormwater Management.

(b)

Resource protection areas. The following land disturbances in resource protection areas are exempt from the requirements of this article: (a) water wells; (b) passive recreation facilities such as boardwalks, trails and pathways; and (c) historic preservation and archaeological activities, provided that it is demonstrated to the satisfaction of the zoning administrator that:

(1)

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

(2)

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

(3)

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

(4)

Any land disturbance exceeding an area of 2,500 square feet shall comply with Chapter 7, Article I, Stormwater Management and Chapter 7, Article II, Erosion and Sedimentation Control.

(Ord. No. 03-37, 12-11-03; Ord. No. 14-15, 6-12-14)

(a)

The planning commission may allow roads and driveways not exempt under section 21-824(a)(1) to be constructed within a resource protection area if it finds:

(1)

There are no reasonable alternatives to aligning the road or driveway in or across the resource protection area;

(2)

The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the resource protection area and to minimize adverse effects on water quality;

(3)

The design and construction of the road or driveway satisfy all applicable criteria of this article, including submission of a water quality impact assessment; and

(4)

Planning commission reviews the plan for the road or driveway proposed in or across the resource protection area in coordination with applicable site plan and subdivision review.

(Ord. No. 03-37, 12-11-03)

(a)

A request for a special exception to the requirements of this article shall be made in writing to the board of zoning appeals, in accordance with Article II, Division 5. The application shall identify the impacts of the proposed exception on water quality and on lands within the resource protection areas and resource management areas through the performance of a water quality impact assessment which complies with section 21-821(e).

(b)

The board of zoning appeals shall review the request for a special 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 it finds:

(1)

Granting the special exception will not confer upon the applicant any special privileges that are denied by this article to other property owners who are subject to the provisions of this article and who are similarly situated;

(2)

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

(3)

The special exception request is the minimum necessary to afford relief;

(4)

The special exception is in harmony with the purpose and intent of this article and is not of substantial detriment to water quality;

(5)

Reasonable and appropriate conditions are imposed, as warranted, that will prevent the special exception request from causing a degradation of water quality.

(Ord. No. 03-37, 12-11-03)