Williamsburg City Zoning Code

(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 (Code of Virginia, § 62.1-44.15:72) 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. 26-02, 5-14-26)

The following words and terms used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise:

Accessory structures or uses. Accessory structures include, but are not limited to, detached garages, gazebos, free-standing decks, storage buildings or tool sheds, guest houses, and similar forms of land development that are incidental and subordinate to the principal structure. In-ground pools, patios, terraces, tennis courts, synthetic turf, and other impermeable landings that do not permit infiltration to groundwater are considered accessory uses of land, not structures. Any modification or expansion to such a use must be reviewed and approved using a formal exception process unless proposed within a locally designated Intensely Developed Area, or defined as redevelopment, as allowed.

Adaptation measure. A project, practice, or approach to mitigate or address an impact of climate change including sea-level rise, storm surge, and flooding including increased or recurrent flooding.

Applicant. Any person submitting any application required or permitted pursuant to any of the provisions of this Ordinance, and any person on whose behalf such an application is submitted.

Buffer area. An area of natural or established vegetation managed to protect other components of the Resource Protection Area and state waters from significant degradation due to land disturbances.

Caliper. The diameter of a tree measured six (6) inches above existing grade.

Canopy tree. A tree that typically reaches 35 feet in height or taller when mature.

Channelward. In the direction of the channel or waterway.

Chesapeake Bay Preservation Area (CBPA). Any land designated by a local government pursuant to 9 VAC 25-830-70 to 110 of the Regulations and Section 62.1-44.15:74 of the Bay Act. A Chesapeake Bay Preservation Area shall consist of a Resource Protection Area (RPA) and a Resource Management Area (RMA).

Development. The construction, substantial alteration, or installation of any improvement (including residential, commercial, industrial, institutional, recreation, transportation, or utility facilities or structures) upon a parcel of land.

Diameter at breast height (DBH). A standard height for measuring a tree's diameter, 4.5 feet from the ground.

Dripline. Outermost circumference of a tree's canopy.

Fill. Material such as sand, soil, gravel, or crushed stone which is placed in an area, often to adjust elevation or create land contouring.

Floodplain. All lands that would be inundated by flood water as a result of a storm event of a 1% annual chance of occurring. This includes any land area susceptible to being inundated by floodwaters from any source. See Article XII, Floodplains.

Highly erodible soils. Those soils (excluding vegetation) with an erodibility index (EI) from sheet and rill erosion equal to or greater than eight (8). The erodibility index for any soil is defined as the product of the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface layer; R is the rainfall and runoff; LS is the combined effects of slope length and steepness; and T is the soil loss tolerance.

Highly permeable soils. Soils with a potential to transmit water through the soil profile. Highly permeable soils are identified as any soil having a permeability equal to or greater than six inches of water movement per hour in any part of the soil profile to a depth of 72 inches (permeability groups "rapid" and "very rapid") as found in the National Soil Survey Handbook of November 1996 in the Field Office Technical Guide of the U.S. Department of Agriculture Natural Resources Conservation Service.

Impervious cover. A surface composed of any material which significantly impedes or prevents natural infiltration of water into the soil, including roofs, buildings, streets, parking areas, and other structures and the components thereof, concrete, asphalt, or compacted gravel surface.

Infill. Utilization of vacant land in previously developed areas.

Land disturbance or land disturbing activity. A man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading, excavating, or filling of land. The term may include minor activities such as home gardening, individual home landscaping, and home maintenance or repairs if located in a buffer area.

Living Shoreline. A shoreline management practice that provides erosion control and water quality benefits; protects, restores, or enhances natural shoreline habitat; and maintains coastal processes through the strategic placement of plants, stone, sand fill, and other structural and organic materials.

Mature tree. A canopy tree with a diameter at breast height (DBH) of 12 inches or greater or an understory tree with a DBH of four (4) inches or greater.

Nature-based solution. An approach that reduces the impacts of sea-level rise, flooding, and storm events through the use of environmental processes and natural systems.

Nonpoint source pollution. Pollution such as sediment, nitrogen, phosphorous, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed from the land surface in a diffuse manner by stormwater.

Nontidal wetlands. Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal Clean Water Act in 33 CFR 328.3b.

Other structural and organic materials. Materials or features that provide added protection or stability for the natural shoreline habitat components of a living shoreline that attenuate wave energy and do not interfere with natural coastal processes or the natural continuity of the land-water interface. They may be composed of a variety of natural or man-made materials, including rock, concrete, or vegetation-based fiber such as coir logs, oyster shells, and geotextiles; however, structural features shall be free from contaminants, including structural metal such as rebar, and shall be adequately secured to prevent full or partial dislodging or detachment due to wave action or other natural forces as per Code of Virginia, § 28.2-104.1. This term is referenced in the definition for Living Shoreline.

Plan of development. For the purposes of this Ordinance, plan of development means any process for site plan review in local zoning and land development regulations designed to ensure compliance with Code of Virginia, § 62.1-44.15:74 and with this Ordinance, prior to issuance of a building permit.

Principal structure. One primary structure that is necessary to use the land in the manner permitted by the underlying zoning classification.

Public road. A publicly owned or maintained road designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation (VDOT), including regulations promulgated pursuant to the Virginia Erosion and Stormwater Management Act (Code of Virginia, § 62.1-44.15:24 et seq.). This definition includes those roads where VDOT exercises direct supervision over the design or construction activities, or both, and cases where secondary roads are constructed or maintained, or both, by the City of Williamsburg in accordance with the standards of the City of Williamsburg.

Redevelopment. The process of developing land that is or has been previously developed, in approximately the same physical location or footprint.

Resilience. The capability to anticipate, prepare for, respond to, and recover from significant multi-hazard threats with minimum damage to social well-being, health, the economy, and the environment.

Resource Management Area (RMA). That component of a Chesapeake Bay Preservation Area not classified as a Resource Protection Area. Resource Management Areas include land types which, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of a Resource Protection Area. Resource Management Areas shall be provided contiguous to the entire inland boundary of the Resource Protection Area.

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

Storm surge. The resulting temporary rise in sea level due to the action of wind stress on the water surface and low atmospheric pressure created during storms which can cause coastal flooding. Surge is the difference from expected tide level. Storm tide is the total water level.

Substantial alteration. The expansion or modification of a building or development that would result in a disturbance of land exceeding an area of two thousand five hundred (2,500) square feet in the Resource Management Protection Area only.

Tidal shore. Land contiguous to a tidal body of water between the mean low water and mean high water levels.

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

Understory tree. A tree that typically reaches 12 to 35 feet in height when mature.

Use. An activity on the land other than development including agriculture, horticulture, and silviculture.

Water body with perennial flow a perennial stream. A body of water that flows in a natural or manmade channel year-round during a year of normal precipitation. This includes, but is not limited to, streams, estuaries, and tidal embayments and may include drainage ditches or channels constructed in wetlands or from former natural drainageways, which convey perennial flow. Lakes and ponds, into, out of, or through which a perennial stream flows, are a part of the perennial stream. Generally, the water table is located above the streambed for most of the year and groundwater is the primary source for stream flow.

Water-dependent facility. A development of land which cannot exist outside of a Resource Protection Area, and which must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include ports, the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, storm sewers, marinas and other boat docking structures, beaches and other public water-oriented recreation areas, fisheries, or other marine resources facilities.

(Ord. No. 26-02, 5-14-26)

(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 and reviewed by the Zoning Administrator during the review of a plan of development or a water quality impact assessment.

(b)

At a minimum, Resource Protection Areas shall consist of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may cause significant degradation to the quality of state waters. In their natural condition, these lands provide for the removal, reduction, or assimilation of sediments, nutrients, and potentially harmful or toxic substances in runoff entering the bay and its tributaries and minimize the adverse effects of human activities on state waters and aquatic resources

(c)

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)

Both sides of any water body with perennial flow.

(5)

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

(6)

Designation of the components listed in subdivisions (1) through (4) above shall not be subject to modification unless based on reliable, site-specific information as provided in section 21-824.

(d)

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, then only that portion shall be subject to the RMA regulations. The 500 feet of resource management area may include:

(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. 26-02, 5-14-26)

(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 21-822(f);

d.

Is a road or driveway crossing satisfying the conditions set forth in section 21-827;

e.

Is a flood control or stormwater management facility satisfying the conditions set forth in section 21-822.

(b)

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

(Ord. No. 26-02, 5-14-26)

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. 26-02, 5-14-26)

(a)

A water quality impact assessment, in accordance with section 21-823 shall be required for any proposed land disturbance within a RPA or for any development within a RMA that may warrant such assessment because of the unique characteristics of the site or intensity of the proposed use or development.

(b)

A resiliency assessment as part of the WQIA and in accordance with section 21-823, shall be required for any proposed land development within an RPA.

(Ord. No. 26-02, 5-14-26)

(a)

Purpose and intent. Performance standards for the development of land in the resource protection area, and the resource management area 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. Mature trees shall be protected during development and only removed where necessary, including to provide for the proposed use of development.

(3)

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

(4)

All development, redevelopment, and land disturbance greater than 2,500 square feet shall be accomplished through a plan development review process subject to Article VII of this chapter, Site Plans; Chapter 7, Article I, Stormwater Management; Chapter 16, Subdivisions; and Chapter 7, Article II, Wetlands.

(5)

Any land disturbance activity that disturbs an area of 2,500 SF or greater (including construction of all single-family houses, tanks, and drainfields, but otherwise as defined in Code of Virginia, § 62.44.15:51) shall comply with the requirements of the City of Williamsburg erosion and sediment control ordinance. Enforcement for noncompliance with the erosion and sediment control requirements referenced in this criterion shall be conducted under the provisions of the Virginia Erosion and Stormwater Management Law.

(6)

Any Chesapeake Bay Preservation Act land-disturbing activity as defined in Code of Virginia, § 62.144.15:44 shall comply with the requirements of 9 VAC 25-875-740, 9 VAC 25-875-80 and 9 VAC 875-260 of the Virginia Erosion and Stormwater Management regulation.

(7)

Onsite sewage treatment systems located within a Chesapeake Bay Preservation Area that do not require a Virginia Pollutant Discharge Elimination System (VPDES) permit) shall comply with the septic requirements in Section 16-101 of the Subdivision Ordinance.

(8)

Evidence of all wetland permits required by law must be submitted to the City of Williamsburg prior to authorization of grading or other onsite activities to begin.

(Ord. No. 26-02, 5-14-26)

(a)

All non-water-dependent components of the above shall be located outside of the 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.

(b)

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 sections 21-822(d) and (e).

(c)

The Subdivision Administrator may allow roads and driveways not exempt under section 21-826 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)

The Subdivision Administrator 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.

(d)

Flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed may be allowed in Resource Protection Areas provided such facilities are allowed and constructed in accordance with the Virginia Erosion and Stormwater Management Act and its attendant regulations, and provided that: (i) the City has conclusively established that location of the facility within the Resource Protection Area is the optimum location; (ii) the size of the facility is the minimum necessary to provide necessary flood control or stormwater treatment, or both; (iii) the facility must be consistent with a comprehensive stormwater management plan developed and approved in accordance with 9VAC25-875-660; (iv) all applicable permits for construction in state or federal waters must be obtained from the appropriate state and federal agencies, such as the U.S. Army Corps of Engineers, the department, and the Virginia Marine Resources C omission; (v) approval must be received from the City prior to construction; and (vi) routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed. It is not the intent of this section to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located within a Resource Protection Area.

(e)

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)

Notwithstanding permitted uses, encroachments, and vegetation clearing, as set forth in this section, the 100-foot buffer area is not reduced in width.

(4)

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

(5)

Where such buffer must be established, the planting of trees shall be incorporated as appropriate to site conditions and in such a manner to maximize the buffer function. Inclusion of native species in tree planting is preferred.

(6)

Permitted buffer modifications and encroachments:

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, adaptation measures and best management practices, as follows:

i.

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. Mature trees shall be preserved and trimmed or pruned in lieu of removal as site conditions permit and any removal should be limited to the fewest number of trees feasible. When trees are removed to provide for sight lines and vista, they shall be replaced with trees as appropriate to site conditions and in such a manner as to maximize the buffer function and to protect the quality of state waters. Inclusion of native species in tree replanting is preferred.

ii.

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

iii.

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.

iv.

For shoreline erosion control projects, trees and woody vegetation within the footprint of the shoreline erosion control project, 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.

v.

Mature trees shall be preserved and trimmed or pruned in lieu of removal as site conditions permit, and any removal should be limited to the fewest number of trees feasible. When trees are removed to provide for sight lines and vista, they shall be replaced with trees as appropriate to site conditions and in such a manner as to maximize the buffer function and to protect the quality of state waters. Inclusion of native species in tree replanting is preferred.

vi.

The removal of mature trees for the installation and maintenance of proposed shoreline erosion control projects shall only be permitted as necessary and consistent with the best available technical advice, approved project plans, and applicable permit conditions or requirements.

vii.

Shoreline erosion control shall be consistent with the Wetlands Act (Code of Virginia, tit. 28.2, ch. 13), the Virginia Marine Resources Commission (VMRC) Tidal Wetlands Guidelines which provide for "minimum standards for the protection and conservation of wetlands," and "ensure protection of shorelines and sensitive coastal habitat from sea level rise and coastal hazard."

viii.

Adaptation measures proposed for location with the RPA shall meet the following conditions:

a.

The selected adaptation measure shall be a nature-based solution that utilizes environmental processes, natural systems, or natural features identified as being appropriate for existing site conditions. Adaptation measures should consist of trees, vegetation, stone or enhance existing natural elements.

b.

As identified adaptation measures shall be selected from one of the following sources: Chesapeake Bay program approved BMP list, the Virginia Stormwater BMP Clearinghouse, the VMRC Tidal Wetlands Guidelines, or be a project that is eligible for funding by the Virginia Community Flood Preparedness Fund Grant.

c.

Adaptation measures approved for use in the RPA shall be designed, installed, and maintained in accordance with the applicable specifications for the selected adaptation measure.

d.

Adaptation measures should be placed channelward of the proposed development whenever possible and should maximize the preservation of mature trees and other natural vegetation to minimize adverse impacts to the RPA and to maximize water quality benefits.

e.

The use of fill as a component of an adaptation measure may be permitted, provided it meets the following conditions:

i.

The grading and slope created by the use of fill shall be no greater than necessary based upon the project specifications and implemented in a manner that minimizes the impact of runoff.

ii.

Fill shall have the necessary biogeochemical characteristics, including sufficient organic content, to support the growth of vegetation and adequate permeability to allow infiltration consistent with project specifications.

iii.

The use of fill shall not exacerbate stormwater runoff, and lateral flow onto adjacent properties shall be controlled.

iv.

Any impacts on the management of stormwater upland of the RPA created by the use of fill shall be mitigated, as necessary.

v.

The use of fill for an adaptation measure shall not negatively impact septic systems and drainfields located within the RPA. Where present, the proximity of the adaptation measure using fill should be considered such that fill will not interfere with the proper function or maintenance of either of these features.

vi.

The use of fill shall be consistent with any applicable local, state, or federal floodplain requirements, including the federal floodplain management regulations found in Title 40 CFR Part 60. The applicant shall provide documentation to verify that proposed adaptation measures do not conflict with any constraints or requirements of floodplain management or flood control provisions. The allowance of fill under these provisions does not negate those independent requirements.

f.

The preservation of existing natural vegetation shall be maximized, including mature trees, and land disturbance and impervious surfaces consistent with design specifications shall be minimized.

g.

Adaptation measures shall comply with all federal, state, and local requirements, including any required permits and conditions such as the need for a water quality impact assessment (WQIA) and resiliency assessment.

h.

Nothing in these provisions shall be construed to authorize approval or allowance of an adaptation measure in contravention of floodplain management requirements, including the City of Williamsburg Floodplain Management Ordinance.

(f)

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. Such vegetated areas, when established, shall include the planting of trees as appropriate to site conditions. Inclusion of native species in tree planting is preferred.

(3)

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

(Ord. No. 26-02, 5-14-26)

(a)

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, and the location of any water body with perennial flow on or adjacent to the parcel, 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; the proposed area of land disturbance within the RPA; of clearing or grading; and the location of any existing or proposed structures, driveways, and other impervious cover; and the area of proposed impervious surfaces within the RPA.

d.

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

e.

Calculations for the area (square footage) of land disturbance and impervious surfaces proposed within the RPA; location of existing trees within the RPA, including number, size, species, and type; trees proposed for removal, including their location, number, size, species, and type; planting plan for the mitigation of proposed land disturbance within the RPA, to include the proposed location, number, type, size, and species of trees and other vegetation to be planted.

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 I, Erosion and Stormwater Management.

h.

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

(b)

A resiliency assessment. The purpose of the resiliency assessment is to consider the potential impacts of climate change, sea level rise, storm surge, and flooding on any proposed development in the RPA. This resiliency assessment is required during the plan of development or other review process Such assessment shall be based on the Resource Protection Area as delineated at the time of the proposed land development. The assessment shall:

(1)

Be based upon a potential impact range of 30 years or the lifespan of the project if less than 30 years.

(2)

Include a graphic depiction of the anticipated impacts of sea-level rise, flooding, and storm surge in relation to the proposed encroachment into the RPA buffer based upon a review of approved models and forecasts.

a.

For sea level rise, use the 2017 National Oceanographic and Atmospheric Administration (NOAA) Intermediate-High scenario projection curve (or any subsequently updated version thereof).

b.

For storm surge, use the most up to date NOAA Hydrodynamic Sea, Lake, and Overland Surges Hurricanes (SLOSH) model.

c.

For flooding, use the most up to date Special Flood Hazard Area (SFHA) and the Limit of Moderate Wave Action (LiMWA) model according to the Virginia Flood Risk Information System (VFRIS) model in conjunction with the requirements and application of the Chesapeake Floodplain Management Ordinance.

(3)

Include a narrative assessing the potential impacts of the proposed land development on buffer function including loss of riparian buffer vegetation and vegetation migration; water migration; as well as the potential impacts resulting in additional future land disturbance or development in the Resource Protection Area connected to the proposed land development.

(4)

The narrative shall identify conditions, alterations, or adaptation measures for the proposed land development to address any potential impacts as necessary and appropriate based upon site conditions, including the nature, type, and size of the proposed land development; extent of potential impacts; and the necessity to minimize future land disturbance pursuant to section 21-821 of this code.

(5)

Based upon the assessment, the zoning administrator, or in cases of exceptions by the Board, shall, as necessary and appropriate, require conditions, alterations, or the installation of adaptation measures as a part of the review and approval of the proposed land development to address the identified impacts considering consider site conditions; nature, type, and size of proposed land development; extent of potential impacts; and the necessity to minimize future land disturbance.

(Ord. No. 26-02, 5-14-26)

(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 included as a part of the plan of development process for all activities in the RPA and RMA. The environmental site assessment 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), a land disturbing permit (Chapter 7, Article I, Erosion and Stormwater Management) or a WQIA. 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 on or adjacent to the property. The delineation shall be conducted using an approved method for perennial flow determination and wetlands delineations.

(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 for the applicant. 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. 26-02, 5-14-26)

(a)

The zoning administrator may permit the continued use, but not necessarily the expansion of any structure in existence on the (the date of the program adoption). 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 of 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 I, Erosion and Stormwater Management.

(b)

Additions or expansions to existing legal principal structures may be processed administratively subject to the findings required by subdivision 1 of this subsection but without the requirement for a public hearing.

(1)

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 of 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;

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.

(2)

In no case shall this provision apply to accessory structures.

(Ord. No. 26-02, 5-14-26)

(a)

Public utilities, railroads and public roads and facilities.

(1)

Construction, installation, operation and maintenance of electric, natural gas and fiber-optic, telephone transmission lines, railroads, and public roads and their appurtenant structures in compliance with the Virginia Erosion Stormwater Management Act (Article 2.3 (Code of Virginia, § 62.1-44.15:24 et seq.) of Code of Virginia, tit. 62.1, ch. 3.1); 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 television 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 I, Erosion and 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, Erosion and Stormwater Management.

(Ord. No. 26-02, 5-14-26)

(a)

The subdivision administrator may request that the planning commission allow roads and driveways not exempt under section 21-826(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)

Subdivision administrator 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. 26-02, 5-14-26)

(a)

Special Exceptions: Exceptions from the criteria of section 21-822 RPA, Development Criteria of this article require public notice and a public hearing before the City of Williamsburg Board of Zoning Appeals. 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 and a resiliency assessment which complies with section 21-823.

(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.

(c)

General Performance Exemptions, Exemptions from the criteria of section 21-821: General performance standards of this article shall be submitted to the zoning administrator who shall review the application, inclusive of a water quality impact assessment and resiliency assessment may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this article if they find that the proposed project meets the findings above, but without a public hearing.

(d)

Other exemptions: Exemptions other than those mentioned in subsections (b) and (c) of this section may be granted by the zoning administrator provided that the exemptions to the criteria shall be the minimum necessary to afford relief; and reasonable and appropriate conditions upon any exemption granted shall be imposed, as necessary, so that the purpose and intent of the article is preserved.

(e)

An exception shall not be granted where:

(1)

The assessment of climate change and sea-level rise as outlined in Section 21-823 has not occurred; or

(2)

The proposed adaptation measure allows for the use of fill in an RPA contravention of the requirements of 21-822(e)(6)(A)(viii)(e).

(Ord. No. 26-02, 5-14-26)