[From the U.S. Government Printing Office, www.gpo.gov]


Appendix L28
(Final Product)



CHESAPEAKE BAY PRESERVATION AREA REGULATIONS


CITY OF PETERSBURG, VIRGINIA


Adopted September 18, 1990




Property of CSC Library


U.S. DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
2234 SOUTH HOBSON AVENUE
CHARLESTON, SC 29405-2413


Support for the development of these regulations was provided, in
part, by the Virginia Council on the Environment's Coastal
Resources Management Program through Grant No. NA89AA- D-CZ134 of
the National Oceanic and Atmospheric Administratioin under the
Coastal Zone Management Act of 1972, as amended.





KF 
5590
.C45
C5
1990







                                                                           No. 90-141
                                                                           Pass. 9/18/90




                               AN ORDINANCE TO AMEND AND REORDAIN THE 19 8 2
                               CODE OF THE CITY    OF PETERSBURG, AS AMENDED,
                               SUCH AMENDMENT ADDING CHAPTER 9.5 TO SAID
                               CODE, SAID CHAPTER ENTITLED "CHESAPEAKE BAY
                               PRESERVATION AREA".





                            BE IT ORDAINED by the City Council of the City of

                     Petersburg that it hereby amends and reordains the 1982 Code

                     o f the City of Petersburg, as heretofore amended,         by adding

                     Chapter  9.5 to said Code, said chapter which reads as      follows:


                                                 Chapter 9.5


                                      CHESAPEAKE BAY PRESERVATION AREA
                  J


                              ARTICLE I. FINDINGS OF FACT, PURPOSE AND     INTENT


                     Section  9.5-1. Findings of Fact.

                             The Chesapeake Bay   and its tributaries represent one of

                     the most   important and    productive estuarine systems in the

                     world, providing economic and social benefits       to the citizens

                     of Petersburg and the Commonwealth of Virginia.

                             The  Chesapeake Bay waters have been degraded signifi-

                     cantly  by many sources of pollution, including      nonpoint source
                     pollution, from land uses and development.            Existing.. high
                  !I quality waters are worthy of         protection to    guard against

                     further degradation.      Certain   lands that are proximate to

                     shorelines have intri sic water quality value due             to the
                                              n

                     ecological and biological processes they perform.        Other lands

                     have severe development constraints attributable to flooding,

                     erosion, and soil limitations. With proper management, these
                  ij









                    lands offer significant  ecological  benefits by providing   water

                                                        dontro    s
                                             p                1 'A-- well--As flood and
                    quality maintenance @and'J-611uti6ii-t-

                    shoreline erosion            Thd!E@d-ldhds                       by

                    the City Council as  Chesapeake  Bay Preservation Area's (herein-

                  ii after 'ICBPAs"), need  to  be protected from destruction and
                  11 damage in order to protect the quality of water in the.Bay and

                    consequently the quality of life in-the City of    Petersburg and

                    the Commonwealth of Virginia.


                    Section 9.5-2. Purpose and Intent.

                            (A) This ordinance is enacted to   implement the require-

                    ments  of Section 10.1-2100 et    seq. of  the Code of Virginia

                    (The Chesapeake Bay Preservation   Act). The intent of the City

                    Council is to establish an overlay      district the purpose of

                    which is to: (1)    protect existing high quality State    waters;

                    (2) restore State   waters to a condition or quality that will

                    permit all reasonable public uses and will support the propaga-

                    tion and growth  of all aquatic life, including game fish, which.

                    might reasonably  be expected to inhabit them; (3) safeguard the

                  I clean waters of   the Commonwealth from pollution; (4)      prevent

                                   n  pollution; (5) reduce existing pollution; and
                    any  increase 1

                    (6) promote  water resourc e conservation in order to provide for

                    the health,  safety, and welfare of the citizens   of the City of

                    Petersburg.

                            (B)  This district shall be in addition to and shall

                  J
                    overlay all  other zoning districts so that any parcel of land

                    lying in the  Chesapeake! Bay Preservation Area Overlay District

                    shall also lie in one or more of the other zoning districts



                                                2










                    provided for by the Zoning   Ordinance. Unless otherwise stated

                    in the   Overlay  District,  the existing review and approval

                    procedures provided in current city ordinances and regulations

                    shall be followed in reviewing and approving development, rede-

                    velopment, and uses governed by this chapter.

                            (C) This chapter is enacted under       the authority. of

                    Section 10.1-2100 et  seq. (The Chesapeake Bay  Preservation Act)

                    and Section 15.1-489  of the Code of Virginia. Section 15.1-489

                    states  that zoning   ordinances may "also include reasonable

                    provisionsr not inconsistent with applicable State water

                    quality  standards, to protect surface water and groundwater as

                    defined  in Section 62.1-44.85(8)."



                                         ARTICLE II. DEFINITIONS



                    Section 9.5-3. General Rules of Construction.

                            The following words and terms used in this chapter have

                    the following meanings, unless the context clearly indicates

                    otherwise.   Words  and terms not defined in this chapter but

                    defined in the Zoning Ordinance shall be given the meanings set

                    forth therein.



                    Section 9.5-4.   Definitions.

                            "Agricultural land" means that land used for the plant-

                    ing and harvesting   of crops or plant growth of any kind in the

                    open; pasture; horticulture; dairying; floriculture; or raising

                    of poultry or livestock.

                            "Best Management. Practice" or "BMP" means a practice, or

                    a combination of practices, that is determined by a state or



                                                3










                    -designated area-wide   Planning agency.. to: --be.. the-, -most e f fectivp'f
                      practical means of preventing-or reducing the-    amount of-pollu--@

                      tion
                           generated by nonpoint -sources to..'a,,.level  compatible.with

                      water quality goals.

                             "Buffer area" means    an area  of natural   or   established

                      vegetation managed.to protect    other components    of a Resource

                      Protection Area and State waters from significant        degradation

                      due to land disturbances.

                             "Chesapeake Bay Preservation Area" or      "CBPA"  means   any

                      land designated by the City Council pursuant to Part     III of   the

                      Chesapeake Bay Preservation Area Designation and , Management

                      Regulations, VR 173-02-01, and Section 10.1-210.7 of the Code of

                      Virginia.  A Chesapeake Bay Preservation Area shall consist of

                      a Resource Protection Area and a Resource Management Area.

                             "Construction foot  print" means the area of all     impervi-

                      ous surface including, but not limited to, buildings, roads and

                      drives, parking areas and sidewalks, and the area necessary for

                      construction of such improvements..

                             "Development"   means the construction, or substantial

                      alteration, of residential, commercial, industrial, institu-

                      tional, recreation,   transportation, or utility facilities or

                      structures.

                             "Diameter at Breast   Height" or "DBH" means the diameter

                      of a tree measured outside    the bark at a point 4.5 feet above

                      ground.
                             "Dripline" means a     vertical projection to the ground

                      surface from the furthest      lateral extent of a tree's leaf


                      canopy.



                   ji                             4










                            "Impervious cover" means a surface composed of any

                    Material that significantly impedes or prevents natural inf il-

                    tration of water into the soil.     Impervious surfaces include,

                    but are  not limited to, roofs, buildings, streets, parking

                    areas, and any concrete, asphalt, or compacted gravel surface.

                            "Nonpoint source pollution" means pollution consisting

                    of constituents such as    sediment, -nutrients,  and organic and

                    toxic substances from diffuse sources, such       as runof f from

                    agriculture and urban  land development and use.

                            "Nontidal wetlands" means those wetlands other than

                    tidal wetlands that are inundated     or saturated by surface or

                    groundwater at a frequency   and duration sufficient to support,

                    and that under normal circumstances do   support, a prevalence of
                    vegetation.typically adapted for life    in sat@rated soil condi-

                    tions, as defined by the U.S. Environmental Protection Agency

                    pursuant to Section 404 of the federal Clean Water Act, in 33

                    C.F.R. 328.3b, dated November 13, 1986.

                            "Noxious weeds" means weeds that are difficult to con-

                    trol effectively,   such as Johnson Grass, Kudzu, and multiflora


                    rose.

                            "Plan of  Develq ment" means the process for site plan
                                            p

                    or subdivision plat review to ensure compliance with Section

                    10.1-2109 of the Code of Virginia and this chapter    prior to any

                    clearing or grading of a site or the issuance of a building

                    permit.
                            "Redevelopment" means the process of* developing land

                    that is  or has been previously developed.




                                                5










                            "Resource Management Area" or "RM    means  -that component

                    of--the Chesapeake Bay Preservation Area   that is  not classified

                    as the  Resource.-Protecti6n Area. RMAs,include land types that,

                    if improperly'used  or developed, have the potential for causing

                    significant water   quality degradation or for diminishing the

                    functional value of the Resource Protection Area.

                            "Resource Protection Area" or "RPA" means   that component

                    of the  Chesapeake Bay Preservation Area comprised of lands,at

                    or near the shoreline that have an intrinsic water quality

                    value due to the ecological and biological processes they

                    perform or are sensitive to impacts which may result in signif

                    icant degradation to the quality of State waters.

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

                    mean high water level.

                            "Tidal wetlands" means vegetated and nonvegetated wet-

                    lands as defined in Section 62.1-13.2 of the Code of Virginia.

                            Tributary stream" means any perennial stream that is so

                    depicted on the most  recent U.S. Geological Survey 7-1/2 minute

                    topographic quadrangle map (scale 1:24,000).

                            "Water -dependent facility" means a development of land,

                    that cannot exist outside of the Resource Protection Area and

                    must  be located on the! shoreline by reason of the intrinsic

                    nature of its operation. These facilities include, but      are not

                    limited to:    (1) ports; (2) the intake and outfall structures

                    of power plants, water treatment plants, sewage treatment

                    plants, and storm sewers;     (3) marinas and other boat docking
                    structures; (4) beaches and other   public water-oriented


                                                6










                  :recreation areas; and (5) fisheries or other marine resources

                  ':facilities.


                            Wetlands" means tidal and nontidal wetlands.



                                        ARTICLE III. APPLICATION



                  ,,Section 9.5-5. Areas of Applicability.

                           (A) The Chesapeake Bay Preservation Area Overlay District

                   shall apply to all lands    identified as CBPAs as designated by the

                  .City Council and as shown    on the Chesapeake Bay Preservation Area

                  .Map. The Chesapeake Bay     Preservation Area Map, together with all

                  .,explanatory matter thereon,     is hereby adopted by reference and

                  @declared to be a part of this    chapter.

                           (1)   The Resource Protection Area is all lands within

                                 the City lying within the Chesapeakle Bay outfall

                                 including:

                                 (a) Tidal shores;

                                 (b) Tidal wetlands;

                                 (c)  Non'tidall. wetlands connected by surface flow and

                                      contiguous to tidal wetlands or tributary

                                      streams;;

                                 (d)  A 100-foot vegetated buffer area located adja-

                                      cent to and landward of the components listed in

                                      subsections .(a) through (c) above, and along

                                      both sides of any tributary stream.
                            (2) The  Resource Management Area is composed of that area

                                 lying 100 feet landward of and contiguous to the

                                 Resource Protection Area and, in addition, any area

                                 consisting of the 100-year floodplain and hydric

                                 soils adjacent to tributary streams included in the

                                                7










                                RPA, as-'delineated*on'the above-referenced Map.

                          AB)   The Chesapeake Bay Preservation Area Map shows      the

                    genera l- -location :6f"'CBPAs and @'shculd be consulted by persons

                    contemplating activities within the City of Petersburg prior to

                    engaging in a regulated activity.

                           (C)  If the boundaries of an RPA or RMA include      a por

                    tion of a lot or parcel, the entire-lot or parcel shall      comply

                    with the requirements of the Overlay District. The division of

                    property shall not constitute an exemption from this       require-

                    ment.



                    Section 9.5-6. Use Regulations.

                           Permitted uses, special permit uses, accessory uses, and

                    special requirements shall be as established by the underlying

                    zoning district (s) , unless specifically modified by the re-

                    quirements set forth herein.


                    Section 9.5-7.   Lot Size.

                           Lot size shall be sub   ject to the- requirements of the

                    underlying zoning district(s), provided that any lot shall have

                    sufficient area outside the RPA to accommodate an intended

                    development, in accordance with the performance standards in

                    Section 9.5-11 of this    chapter, when such development is not

                    otherwise allowed in the RPA.



                    Section 9.5-8. Required Conditions.

                            (A)  All development and redevelopment exceeding 2,500

                    square feet of land disturbance shall b    e subject to a plan of

                    development process, including the approval of a site plan, in

                    accordance with the provisions.of the Zoning Ordinance,@or a

                                               .8










                     subdivision Plat, in accordance with the Subdivision    Ordinance..

                            (B) Development in RPAs may be allowed only     if it: (1)

                     is water-dependent; or (2) constitutes redevelopment.

                            (C) A water quality impact assessment shall be required

                     for  any proposed development or redevelopment within RPAs and

                     for  any development within RMAs when required by the
                                                                                   City

                     Director of Public Works because of the unique characteristics

                     of the site or intensity of development,.in accordance with the

                     provisions of Section 9.5-12, of this chapter.


                     section 9.5-9. Conflict with other Regulations.

                            In any case where the requirements of this chapter

                     conflict with any other provision of the Code of the City of

                     Petersburg, the requirements of this chapter shall apply.


                     Section 9.5-10.. Interpretation of Resource Protection Area
                                      Boundaries.

                            (A) Delineation.by the Applicant.

                            The site-specific boundaries of the Resource Protection

                     Area shall ordinarily be determined by the applicant through

                     the performance of an environmental site assessment, subject to

                     approval by the Director of Planning and in accordance with

                     Section 9.5-12 of this chapter.    The Chesapeake Bay Preserva-

                     tion Area Map shall be used as a   guide to the general location

                     of Resource Protection Areas.

                            (B) Where Conflict Arises over Delineation.

                            Where the applicant has provided a site-specific delin-

                     eation of the RPA, the Director of Planning will verify the

                     accuracy of the boundary delineation. In determining the site-

                     specific RPA boundary, the  Director of Planning may render

                                                9










                    adjustments to the applicant's boundary    delineation, in accor-

                    dance with Section 9.5-12 of this chapter.- In the event the

                    adjusted boundary delineation is contested by the applicant,

                    the applicant may seek relief, in     accordance*with the provi-

                    sions of Section 9.5-12(1) of this chapter.


                    Section 9.5-11. Performance Standards.

                            (A) Purpose and Intent.

                           The performance standards establish the means       to mini-

                    mize erosion and sedimentation potential, reduce land       applica-

                  !i tion of nutrients and  toxins, and maximize rainwater     infiltra-

                    tion.   Natural ground cover, especially woody vegetation, is

                    most effective in holding soil in place and preventing site

                    erosion. Indigenous vegetation, with its adaptability to local

                    conditions  without the use of harmful      fertilizers or pesti-

                    cides, filters stormwater runoff. Minimizing- impervious cover

                    enhances rainwater infiltration and effectively reduces storm-

                    water runoff potential.

                            The purpose and intent of these requirements are also to

                    implement the following objectives: (1) prevent a net increase

                    in nonpoint source pollution from new development; (2) achieve

                    a 10 percent reduction in nonpoint source pollution from

                    redevelopment; and (3) achieve a 40     percent reduction in non-

                    point source pollution from   agricultural uses.

                            (B) General Performance Standards for Development     and
                                 Redevelopment.

                            (1)  Land disturbance shall be limited to the area

                                 necessary to provide       for the desired use or

                                 development.


                                               10










                                (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 physi-

                                     cally marked on the development site.

                                (b)  The construction footprint shall not exceed 60

                                     percent of the site.

                                (c)  Ingress and egress during construction shall

                                     be limited to  one access point, unless   other-

                                     wise approved  by the City.Director of    Public

                                     Works.


                           (2)  Indigenous vegetation shall be preserved     to the.

                                maximum extent possible consistent with the  use and

                                development permitted and in accordance with the

                                Virginia Erosion and Sediment Control Handbook.

                                (a) Existing trees 6 inches in diameter or greater

                                     at breast height (DBH) shall be preserved out-

                                     side the construction footprint.        Diseased

                                     trees or trees weakened by age, storm, fire,

                                     or other injury may be removed, as approved by

                                     the City Director of Public Works.

                                (b)  Clearing'shall be allowed only to provide nec-

                                     essary access, positive site drainage, water

                                     quality BMPs, and the installation of utili-
                                     ties, as approved by the 'City Director of

                                     Public Works.




                 A









                                (c)  Prior to clearin g or grading,' suitable pro-,

                                     tective barriers, such as. safety fencing,

                                     shall be erected 5 feet outside the dripline

                                     of any tree or stand of trees to be preserved.

                                     These protective barriers shall remain so

                                     erected throughout all phases of construction.

                                     The storage of equipment, materials, debris

                                     or fill. shall not be allowed within the area

                                     protected by the barriers.

                          (3)   Land development shall minimize impervious cover   to

                                promote infiltration of stormwater  into the g    n
                                                                               rou d

                                consistent with the use or development permitted.

                                (a). Pervious surfaces, such as   gri d and modular

                                     pavements, shall be used     for any required
                                     parking area, alley, or other low traffic

                                     driveway   unless otherwise approved by the

                                     City Director of Public Works.

                                (b)  Parkinc  space size, with the
                                                                       exception of

                                     handicapped spaces, shall be 162   square feet.

                                     Parking space width shall be 9 feet; parking

                                     space length shall be 18 feet.

                           (4)  Notwithstanding any other provisions of this chap-

                                ter or exceptions 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 re-

                                quirements of Chapter 12 of the City Code, Erosion

                                and Sediment Control Ordinance.



                                             12









                           (5) All on-site sewage disposal systems not requiring a

                                 Virginia Pollution   Discharge Elimination System

                                 permit shall be pumped out at least once every 5

                                 years.

                           (6)   Where an area is not served by public sewer system,

                                 a reserve sewage disposal site with a capacity at

                                 least equal to that of the primary sewage disposal

                                 site shall be provided. This requirement shall not

                                 apply to an, lot or parcel recorded prior to Octo-

                                 ber 1, 1989 if such lot or parcel is not sufficient

                                 in. capacity to accommodate a reserve sewage dis-

                                 posal site,   as determined by the      local Health

                                 Department.' Building or construction   of any imper-

                                 vious surface shall   be prohibited   on the area of
                                 all sewage- disposal sites or on an on-site 'sewage

                                 treatment system which operates under a permit

                                 issued by the State Water Control Board until the

                                 structure is; served by public sewer.

                           (7)   For any development or redevelopment, stormwater

                                 runoff shall- be controlled by the use of best man-

                                 agement practices that achieve the following:

                                 (a) For development, the post-development nonpoint

                                      source pollution runoff load shall not exceed

                                      the pre-development load, based on the average

                                      total. phosphorus loading of 0.45 pounds per

                                      acre per year;

                                 (b)  For isolated redevelopment sites, the nonpoint

                                      source pollution load shall be reduced by at


                                               13










                                      least 10-percent.@  The City Director of Public

                                     'Works may waive or  modify this requirement for

                                      redevelopment sites that originally incorpo-

                                      rated BMPS for stormwater runoff quality con-

                                      trol, provided the following provisions are

                                      satisf ied:

                                      1) In no   case may the   post-development   non-

                                           point source pollution runoff load exceed

                                           the pre-development load;

                                      2)   Runoff pollution loads     must have been

                                           calculated and the BMPs   selected for the

                                           expressed purpose of controlling nonpoint

                                           source pollution;

                                      3)   If BMPS are structural, evidence shall be

                                           provided that facilities are currently in

                                           good working order and performing at the

                                           design   levels  of   service.    The    City

                                           Director of Public Works 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.

                                 (c)  For   redevelopment,  both the pre- and post-.

                                      development loadings shall be. calculated by

                                      the same procedures.        However, where the

                                      design data are available,    the original post-

                                      development  nonpoint source  pollution loadings


                                               14










                                    can be substituted for the existing develop-

                                    ment loadings.

                           (8)  Prior to initiating grading or other on-site activ-

                                ities on any portion of a lot or parcel, all wet-

                                lands permits required by federal, State, and local

                                laws and regulations shall be obtained and evidence

                                of such submitted to the City Director of Public
                d
                                Works, in, accordance with Section  9.5-12 of this

                                chapter.

                           (9)  Land upon which agricultural activities are being

                                conducted shall have a soil and water quality con-

                                servation plan. Such plan shall be based upon the

                                Field Office Technical Guide of the U.S. Department

                                of Agricultural Soil Conservation Service And

                                accomplish water quality protection consistent with

                                this ordinance.  Such a plan shall be approved by

                                the local Soil and Water Conservation District by

                                January 1, 1995.

                           (C) Buffet Area Requirements.

                           To minimize the adverse effects of human activities    on

                   the other    components: of Resource Protection Areas, State

                 11 waters, and aquatic life, a 100-foot buffer area of vegetation

                   that is effective in retarding runoff, preventing erosion, and

                   filtering nonpoint source pollution from runoff shall be re-.

                   tained if present and established where it does not exist if.

                   erosion problems are evident.

                           The buffer area shall be located adjacent to and land-

                   ward of other RPA components and along both sides. of any


                                             15









                     tributary stream. The    full buffer area shall-be-designated as

                     the landward-component   of the RPA, in accordance with Sections

                     9.5-5 and 9.5-12  of this chapter.

                            The 100-foot  buffer-area shall be deemed to achieve a 75

                     percent reduction of sediments and a      40 percent reduction of

                     nutrients.   A combination of a buffer area not less than bU

                     f eet in width and appropriate BMPs located        landward of the

                     buffer area which collectively achieve water       quality pro,tec-

                     tion, pollutant removal, and      water resource   conservation at

                     least the equivalent of the full 100-foot buffer area may be

                     employed in lieu of the 1  00-foot buffer if approved by the City

                     Director of - Public Works after consideration of the water

                     quality impact assessment, in accordance with Sectio    n 9.5-12 of

                     this chapter.'

                            The buffer area shall be maintained to meet the follow-

                     ing additional performance standards:

                             (1)  In order to maintain the functional value of the

                                  buffer area., indigenous vegetation may be removed

                                  only to provide for reasonable sight lines, access

                                  paths, general woodlot management, and BMPS, as

                                  follows:

                                  (a) 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        effec-

                                        tive in retarding runoff, preventing erosion,

                                        and filtering nonpoint source pollution from

                                        runoff;



                                                 16










                                 (b)  Any path shall be constructed and surfaced so

                                      ,as to effectively control erosion;

                                 (c)  Dead, diseased, or dying trees or shrubbery

                                      may be removed at the discretion of the land-

                                      owner,  and silvicultural thinning may be

                                      conducted based  upon the recommendation of a

                                      professional forester or arborist;

                                 (d)  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.

                           (2) When the application of the buffe       r areas would

                                 result in the loss of a buildable area on a lot or

                                 parcel recorded prior to     -October 1, 1989, the

                                 Director- of Planning, after consulting with the

                                 City Director of Public Works, may modify   the width

                                 of the buffer area in accordance with Section

                                 9.5-12 of this chapter and the following criteria:

                                 (a) Modifications to the buffer areas shall be the

                                      minimum necessary to achieve a reasonable

                                      buildable are a for a principal structure and.

                                      necessary utilities;

                                 (b) Where possible, an area equal to the area en-

                                      croaching the buffer area shall be established

                  A




                                               17










                                      elsewhere on the lot   or parcel in a way -to

                                    @-maximize water quality protection;

                                 (c)  In no case shall the reduced    portion of the

                                      buffer area be less than 50 feet in width.

                           (3)   Redevelopment within IDAs may be exempt from the

                                 buffer area, in accordance with Section 9.5-12 of

                                 this chapter.

                           (4)   on agricultural lands, the agricultural buffer area

                                 shall be managed to prevent concentrated flows of

                                 surface water from breaching the buffer area and

                                 noxious weeds from invading the   buffer area.    The

                                 agricultural buffer area may be reduced as follows:

                                 (a)  To a minimum  width of 50 feet when the adja-

                                      c.ent land is implementing a federal, State, or

                                      locally-funded   agricultural   BMPs    program,

                                      provided that the combination of the reduced

                                      buffer area-and the BMPs achieve water-quality

                                      protection, pollutant removal,      and    water

                                      resource conservation at least the equivalent

                                      of the 100-foot buffer area;

                 N
                                 (b)  To a minimum width of 25 feet when a   soil and

                                      water quality conservation plan, as     approved

                                      by the local Soil and Water Conservation Dis-

                                      trict, has been implemented on the adjacent.

                                      land.. Such plan shall be based-upon the Field
                                      Office Technical Guide of the U.S. Department

                                      of Agriculture Soil Conservation Service and




                                              18










                                      accomplish water quality protection    consistent

                                      with this chapter;

                                                                                  icul-
                                 (c)  The buffer area is not    required for agr

                                      tural drainage ditches   if the adjacent-agri-

                                      cultural land has in'place BMPs in accordance

                                      with a conservation plan approved by the local

                                      Soil arid Water Conservation District.



                    Section 9.5-12.   Plan of Development Process.

                           Any development or redevelopment exceeding 2,500 square

                    feet of land disturbance shall be accomplished through a plan

                    of development process prior to any clearing or grading of the

                    site or the issuance  of any building permit, to assure compli-

                    ance with all applicable requirements of this    chapter.

                            (A) Required Information.

                           In addition to the requirements of the Zoning Ordinance,

                    Appendix A of this Code, or the requirements of the Subdivi i
                                                                                   ision


                    Ordinance, Chapter 33 of this Code, the plan of development

                             shall consist of the plans and studies identified
                    process

                    below.   These required plans and studies may be coordinated or

                    combined, as deemed- appropriate by the City Director of Public

                    Works.   The City Director of Public Works may determine that

                    some of  the following   information   is unnecessary due to the

                    scope and  nature of the  proposed development.

                           The following plans or studies shall be submitted, un-

                    less otherwise directed:

                            (1) A site plan or a subdivision plat, in accordance

                                 with the provisions of the Subdivision Ordinance,

                                 Chapter 33 of this Code;

                                               19











                           (2)  An environmental site assessment;

                           (3)  A.landscaping plan;

                           (4) A stormwater-management plan;

                           (5)  An erosion and sediment control plan,  in accordance

                                with the provisions of Chapter 12 of  this Code;
                 it
                           (6). A, water quality impact assessment as necessary

                                under the requirements of Section 9.5-12(F) of this

                                chapter.

                           (B)  Environmental Site Assessment.

                           An environmental. site assessment shall be submitted in

                   conjunction with preliminary site plan or preliminary subdivi-

                   sion plan approval.

                           (1) The environmental site assessment shall be drawn to

                                .scale and clearly delineate the following environ-

                                mental features:


                                (a) Tidal shores;

                                (b) Tidal wetlands;

                                (c) Nontidal wetlands connected by surface flow

                                     and contiguous to tidal wetlands or tributary

                                     streams;

                                (d)  A 100-foot buffer area located  adjacent to and

                                            d of the components listed in subsec-
                                     landwar

                                     tions (a) through (c) above,    and along both

                                     sides of any tributary stream;

                                (e)  other  sensitive environmental  features as de-

                                     termined by the City Director  of Public Works.

                           (2)  Wetlands delineations shall be performed consistent
                                with the procedures specified in the Federal Manual


                                              20










                                for Identif          Ld Delineating Jurisdictional

                                wetlands, 191189.

                            (3) The environmental   site assessment shall delineate

                                the site-SpeCifiC  geographic extent of the RPA.

                            (4) The environmental  site assessment shall'be drawn at

                                the same scale as  the preliminary site plan or sub-

                                division plat, and shall be certified as complete

                                and accurate  by a professional engineer or a certi-

                                fied land surveyor. This requirement may be waived

                                by the City  Director of Public Works whenthe pro-

                                posed use or  development would result in less than

                                5,000 square  feet of disturbed area.

                            (C) Landscaping Plan.

                           A landscaping plan shall be submitted in conjunction

                    with site plan approval or as part of subdivision plat ap-

                    proval.   No clearing or grading of any lot or parcel shall be

                    permitted without an approved landscaping plan.

                           Landscaping plans shall be prepared and certified by

                    design  professionals practicing within their areas of compe-

                    tence as prescribed by -the Code of Virginia.

                            (1) Contents of the Plan.

                                 (a) The landscaping   plan shall be drawn to scale

                                      and clearly delineate the location, size, and

                                      description of existing and proposed plant.

                                      material.   All existing trees - on the site 6

                                      inches or greater DBH Lshall be shown on the

                                      landscaping plan. Where there are groups of 5

                                      or more trees, stands may be outlined instead.


                                              21










                                     The specific -number of    trees.-6 inches -or

                                     greater DBH to be preserved outside of the

                                     construction footprint shall be indicated on

                                     the plan.    Trees to be removed shall be

                                     clearly delineated on the landscaping plan.

                                (b)  Any required buffer area shall be clearly de-

                                     lineated, and any plant material to be added

                                     to establish or supplement the buffer area, as

                                     required by this chapter, shall be shown on

                                     the landscaping plan.

                                (c)  Within the buffer area, trees     to be removed

                                     for sight lines, vistas, access paths, and

                                     BMPS, as provided for in this chapter, shall

                                     be shown on the plan. Vegetation required by

                                            hapter to replace any existing trees
                                     this c


                                     within the buffer area shall also be shown on

                                     the landscaping plan.

                                (d)  Trees to be removed for shoreline stabiliza-

                                     tion projects and any replacement vegetation

                                     required by  this chapter shall be shown on the

                                     landscaping  plan.

                                (e)  The   landscaping   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.




                                              22










                                 (f)  The landscaping plan will    include specifica-

                                      ..tions for the protection   of existing trees

                                      during clearing, grading,    and  all phases of

                                      construction.

                           (2)  Plant Specifications.

                                 (a)  All pliant materials necessary to supplement

                                      the'buffer area or vegetated areas outside the

                                      construction   footprint    shall  be    installed

                                      according to standard planting practices and

                                      procedures..

                                 (b)  All supplementary or replacement plant materi-

                                      als shall be living and in a healthy condi-

                                      tion.   Plant materials shall conform to the


                                      standards of the most recent edition of the

                                      American Standard for Nursery Stock, published

                                      by the American Association of Nurserymen.

                                 (c)  Where areas to be preserved, as designated on

                                      an approved landscaping plan, are encroached,

                                      replacement   of    existing  trees   and    other

                                      vegetation will be achieved at a ratio of 3

                                      planted trees to 1 removed. Replacement trees

                                      shall 'be a minimum of 3.5 inches DBH at the

                                      time of planting.

                            (3) Maintenance.

                                  a)  The. applicant shall be responsible for the
                                      maintenance and replacement of all vegetation

                                      as may be required by the provisions of this

                                      chapter.


                                               23











                                (b)  In buf fer areas and areas outside the con-

                                     struction  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

                                     chapter.

                           (D)  Stormwater Management Plan.

                          A stormwater management plan shall be submitted as part

                   of the plan of development process required by this chapter and

                   in conjunction with site plan or subdivision plan approval.

                           (1) Contents of the Plan.

                                The stormwater management plan shall contain map    s,

                                charts, graphs, tables, photographs, narrative de-

                                scriptions, explanations, and citations to support-

                                ing references as appropriate to communicate the

                                information required by this chapter.     At a mini-

                                mum, the stormwater management plan must contain

                                the following:

                                (a) Location and design of all planned stormwater

                                     control devices-

                                (b)  Procedures    for   implementing    nonstructural

                                     stormwater control practices and techniques;

                                 (c) Pre-  and post-development nonpoint source pol-

                                     lutant loadings with supporting documentation

                                     of all utilized coefficients and calculations;




                                              24










                                 (d) For fELCilities, verification of structural

                                      soundness, including a Professional     Engineer

                                      or Class III B Surveyor Certification.

                           (2)   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.

                            (3)  All engineering calculations must be performed in

                                 accordance with procedures outlined in the current

                                 edition of the Local Assistance Manual, Virginia

                                 Erosion and Sediment Control Handbook,        Virginia

                                 Department of Transportation Drainage Manual, or

                                 any other good engineering methods deemed appropri-

                                 ate by the City Director of Public Works.

                            (4)  The plan shall establish a long-term schedule for

                                 inspection and maintenance of stormwater management

                                 facilities that includes all maintenance require-

                                 ments and persons responsible for performing main-

                                 tenance.   If the designated maintenance responsi-

                                 bility is   with a party other than the City of

                                 Petersburg, then a maintenance agreement shall be

                                 executed between the responsible party and the City

                                 of Petersburg.

                            (E)  Erosion and Sediment Control Plan.

                            An ero sion and sediment control plan shall be submitted

                     that  satisfies the requirements of       this chapter and       in




                                               25









                    accordance with Chapter 12 of this Code, in conjunction with

                    site plan or subdivision plan approval.

                            (F) Water Quality Impact Assessment.

                            (1) Purpose   and Intent.

                                   The purpose of the water quality impact assessment

                                   is to: (a) identify the impacts of proposed devel-

                                   opment on water quality and lands within RPAs and

                                   other environmentally- sensitive lands; (b) ensure

                                   that, where development  does take place within RPAs

                                   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

                                   RPAs  and other     sensitive   lands;   (c)    protect

                                   individuals from investing funds for improvements

                                   proposed for location on -lands unsuited for such

                                   development because of high groundwater, erosion,

                                   or vulnerability to flood and storm damage; (d)

                                   provide for administrative relief from the terms of

                                   this chapter when  warranted and in accordance with

                                   the requirements contained herein; and (e) specify

                                   mitigation   which   will   address    water    quality

                                   protection.

                             (2)   Water Quality*Impact Assessment Required.

                                   A water quality impact assessment is required for.

                                   (a) any proposed development within an RPA, includ-
                                   ing any buffer area 'modification or reduction as

                                   p
                                      vided for in Section 9.5-11 of this chapter; (b)
                                   ro

                                   any development in an RMA as deemed necessary by


                                                 26










                                the City Director of Public Works due to the   unique

                                character i sitic s of the site or intensity of the

                                proposed development. There shall be two levels of

                                water quality impact assessment: a minor assessment

                                and a major assessment.

                           (3)  Minor Water Quality Impact Assessment.

                                A minor water quality impact assessment pertains

                                only to development  within CBPAs which causes no

                                more than 5,000 square feet of land disturbance and

                                requires an- modification or reduction  of the land-

                                ward 50 feet of the 100-foot buffer area.     Submis-


                                sion of a plan of   development that demonstrates,

                                through the use of calculations and information

                                provided for by Section 9.5-12(D)(1) of this chap-

                                ter, that the remaining buffer area and necessary

                                BMPS will result inremoval of no less than 75 per-

                                cent of sediments and 40 percent of nutrients from

                                post-development stormwater runoff shall be deemed

                                to have satisfied the requirement for a minor water

                                quality impact assessment.

                           (4)  Major Water'Quality Impact Assessment.

                                A major water quality impact assessment shall be

                                required for, any development which (a) exceeds

                                5,000 square feet of land disturbance within CBPAs

                                and requires any modification or reduction of the

                                landward 50 feet of the 100-foot' buffer area; (b)

                                disturbs arty portion of the seaward 50 feet of the

                                100-foot buffer area or any other component of an


                                             27










                                RPA; or (c) is located in an RMA and is       deemed

                                necessary by the City    Director of Public   Works.

                                The information  required in this section shall be

                                considered -a 'minimum, unless the City Director of

                                Public Works 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 mpact assessment, as -specified

                                     in Section 9.5-12(F)(3) of this chapter;

                                 (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 de-

                                          velopment on topography, soils, hydrology,

                                          and geology of the site and adjacent

                                          lands;

                                      3)  Indicates the' disturbance or destruction

                                          of' wetlands  and justification 'for such

                                          action;

                                      4)  Indicates the  disruptions or reductions in

                                          the supply of  water to wetlands, streams,

                                          lakes, rivers  or other water bodies;




                                              28










                                     5)   Indicates the disruptions     to existing

                                          hydrology including wetla
                                                                     nd and stream

                                          circulation patterns;

                                     6)   Indicates the source, location, and

                                          description of proposed fill material;

                                     7)   Indicates the location of  dredge material

                                          and location of dumping    area for such

                                          material;

                                     8)   Indicates the location of and impacts on

                                          shellfish beds, submerged aquatic vegeta-
                                          tion, and 'fish spawning areas;

                                     9)   Estimates percent increase in impervious

                                          surface on site and type(s) of surfacing

                                          materials used;

                                     10)  Indicates percent of site to be cleared

                                          for project;

                                     11)  Indicates duration and phasing schedule of

                                          construction project;

                                     12)  Lists requisite permits from all appli-

                                          cable -agencies    necessary   to    develop

                                          project.

                                     13)  Describes the proposed mitigation measures

                                          for the potential hydrogeological impacts

                                          which may include:

                                          a)  Proposed erosion and sediment    control

                                              concepts; concepts may include mini-

                                              mizing the extent of the cleared area,

                                              perimeter controls, reduction of


                                              29










                                                runof f   velocities,     measures      to

                                                stabilize disturbed     areas,   schedule

                                                and personnel for site inspection;

                                            b)  Proposed stormwater management system;

                                            c)  Creation of wetlands to replace those

                                                lost;

                                            d)  Minimizing cut and fill.

                                  (c) A landscape element that describes the poten-

                                        tial measures   for mitigation of the water

                                        quality and land    impacts within the CBPAs.

                                        Possible mitigation measures include:

                                        1   Replanting schedule for trees and other

                                            significant vegetation removed for con-

                                            st:r.,uction, in accordance with a plan ap-

                                            proved by the City Director 'of Public

                                            Works;

                                        2)  Demonstration that the design of the plan

                                            will preserve to the greatest extent pos-

                                            sible any significant trees and vegetation

                                            on  the site and will provide maximum ero-

                                            sion control and overland flow benefits

                                            from such vegetation;

                                        3)  Demonstration that indigenous plants are

                                            to be used to the greatest extent possi-

                                            ble.

                                  (d)   A wastewater element, where   applicable, that:

                                        1) Includes calculations      and locations of




                                                30










                                           anticipated drainfield or wastewater    irri-

                                           gation areas;

                                       2)  Provides   justification   for  sewer    line

                                           locations   in     environmentally-sen'sitive

                                           areas                               describes
                                                   where   applicable, and

                                           construction techniques and standards;

                                       3)  Discusses any proposed on-site collection

                                           and treatment    systems, their treatment

                                           levels, and impacts on receiving water-


                                           courses;


                                                                                -of the
                                       4)  Describes the potential impacts

                                           proposed wastewater systems on water qual-

                                           ity and lands within CBPAs including the

                                           proposed mitigative    measures for these

                                           impacts.

                                  (e) Identification of the existing characteristics

                                       and conditions of sensitive lands included as

                                       components   of Chesapeake    Bay Preservation

                                       Areasp as defined in this chapter.

                                  (f)  As part of any major water quality impact

                                       assessment . submittal, the City Director of
                                       Public works may require review by the -.Chesa-
                                       peake Bay Local  Assistance Department (CBLAD).

                                       Upon receipt of a major water quality impact

                                       assessment, the City Director of Public Works

                                       will determine if such review is warranted and

                                       may request CBLAD to review the assessment and

                                       respond with written conunents. Any,comments


                                                31










                                      by CBLAD -will be incorporated into the     final

                                      review by the City Director of Public Works,

                                      provided that such comments are provided by

                                      CBLAD within 90 days of the  request.

                            (5) Evaluation Procedure.

                                 (a)  Upon the completed review of a minor water

                                      quality impact assessment, the City Director

                                      of Public Works will determine if any proposed

                                      modification  or reduction to the buf fer    area

                                             sistent with the provisions of        this
                                      is con


                                      chapter and that the following criteria      have

                                      been satisfied:


                                      1) The proposed encroachment is necessary due
                                          to the inability to piace improvements

                                          elsewhere on the site to avoid disturbance


                                          of the buffer area;

                                      2)  Impervious surface is minimized;

                                      3)  Proposed BMPs, where required, achieve the

                                          requisite in pollutant loadings;

                                      4)  The development, as proposed, meets the

                                          purpose and intent of this chapter;

                                      5)  The cumulative impact of the proposed de-

                                          velopment, when considered in relation to

                                          other development in the vicinity, both

                                          existing and proposed, will not result in

                                          a    significant   degradation    of    water

                                          quality.




                                               32










                                (b)   Upon -the completed  review of a major     water

                                      quality impact assessment, the City Director

                                      of Public Works will determine if the proposed

                                      development is consistent with the purpose and

                                      intent of this chapter and that the following

                                      criteria have been satisfied:

                                      1) Within any RPA, the proposed development

                                          is water-dependent;

                                      2)  The disturbance of any wetlands    will be

                                          minimized;

                                      3)  The  development   will   not   result    in

                                          significant disruption of the hydrology of

                                          the site;
                                      4)  The development will no@ result in sigrii-

                                          ficant degradation to aquatic vegetation

                                          oz- life;

                                      5)  The development will not result in unnec-

                                          essary destruction of plant materials on

                                          sIte;

                                      6)  Proposed erosion    and  sediment    control

                                          concepts are adequate     to   control   the

                                          stormwater runoff to achieve the required

                                          Performance standard for pollutant con-

                                          trol;

                                      7)  Proposed stormwater management concepts

                                          are adequate to control the stormwater

                                          runoff to achieve the required performance

                                          standard for pollutant control;


                                              33










                                     8)  Proposed revegetation of   disturbed areas

                                         will provide optimum erosion and sediment

                                         control'benefits;

                                     9)  The design and location of any proposed

                                         drainfield will be in accordance with the

                                         requirements of Section 9.5-11 of this

                                         chapter.

                                     10) The development, as proposed, is consis-

                                         tent with the purpose and intent of the

                                         Overlay District;

                                     11) 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.

                                (c)  The City Director of Public Works shall re-

                                     quire additional mitigation where potential

                                     impacts have not been adequately addressed.

                                     Evaluation of mitigation measures will be made

                                     by the: -City Director of Public Works based on

                                     the criteria listed above in subsections (a)

                                     and (b) .

                                (d)  The CjLty Director of Public Works shall con-

                                     clude that the proposal is inconsistent with

                                     the purpose and intent of this chapter when

                                     the impacts created by the proposal cannot be

                                     mitigated. Evaluation of the impacts will be


                                             34










                                      made by the City Director of Public          Works

                                      based on the criteria listed. in subsections


                                       (a) and (b)

                            (G)  Final Plan.

                            Final plans fox- property within CBPAs      shall be f inal

                    plats  for land to be subdivided or site plans     for land not to

                    be subdivided.

                            (1) Final plans for all lands within CBPAs shall in-

                                 clude the following additional information:

                                  (a) The delineation   of the RPA boundary;

                                             lineation  of required buffer areas;
                                  (b) The  de

                                  (c) All  wetlands permits required by law;

                                  (d)  A maintenance agreement as deemed necessary
                                       and appropriate by the City birector of Public

                                       Works to ensure proper maintenance for BMPS in

                                       order to continue their functions.

                             (2) Installation and Bonding Requirements.

                                  (a)  Where buffer areas, landscaping, stormwater

                                       management facilities, or other specifications

                                       of an approved plan are required, no certifi-

                                       cate of occupancy shall be issued until the

                                       installation of required plant materials or

                                       facilities is completed, in accordance with

                                       the approved site plan.

                                  (b)  When I.-he occupancy of a structure is     desired

                                       prior to the completion of the required land-

                                       scaping, stormwater management facilities, or

                                       other specifications'of an approved plan, a


                                                35









                                      certificate of occupancy may be issued only if

                                      the applicant provides to the City of   Peters-

                                      burg a form of surety satisfactory to the City

                                      Attorney in amount equal to     the remaining

                                      plant materials, related   materials, and in-

                                      stallation costs of the required landscaping

                                      or other specifications or maintenance costs

                                      for any required stormwater management facili-

                                      ties.

                                 (c)  All required landscaping shall be installed

                                      and approved by the first planting season fol-

                                      lowing issuance of a certificate of occupancy

                                      or the surety may be forfeited to the City of

                                      Petersburg.

                                 (d)  All required stormwater management facilities

                                      or other specifications shall,,be installed and

                                      approved within 18 months of project commence-

                                      ment. Should the applicant fail, after proper

                                      notice, to initiate, complete, or maintain   ap-

                                      propriate actions required by the approved

                                      plan, the surety may be forfeited to City of

                                      Petersburg.   The City of Petersburg may col-

                                      lect from the applicant the amount by which

                                      the reasonable cost of required actions

                                      exceeds the amount of the surety held.

                                 (e)  After all required actions' of the      approved

                                      site plan have been completed, the applicant

                                      must submit a written request for a final


                                              36










                                      inspection.   If the requirements of the ap-

                                      proved[ plan have been completed to the satis-

                                      faction of the City Director of Public Works,

                                      such unexpended or unobligated portion of the

                                             held shall be refunded to the applicant
                                      surety
                                      or terminated within 60 days following the

                                      receipt of the applicant's request for final

                                      inspection. The City Director of Public Works

                                      may require a certificate of         substantial

                                      completion from a @rofessional Engineer or

                                      Class III B Surveyor before making a final

                                      inspection.

                            (H) AdifLinistrative Responsibility.

                           Administration of the plan of development process shall

                    be in accordance with the site plan procedure described herein-

                    above or the Subdivision Ordinance, Chapter 33 of this Code.

                            (I) Denial of Plan, Appeal of Conditions or Modifica-
                                 tions.

                            In the event the final plan  or any component of the plan

                    of development process is disapproved and recommended con-

                    ditions or modifications are unacceptable to the   applicant, the

                  il applicant may appeal such administrative decisions to   the Plan-

                    ning Commission.   In granting or denying an appeal,     the  Plan-

                    ning Commission must find such plan to be in      accordance with

                    all applicable    ordinances and include necessary elements to

                    mitigate any detrimental impact on water quality and upon

                    adjacent property and   the surrounding area, or such plan meets

                    the purpose and intent: of the performance standards in this

                    chapter. If the Planning Commission finds that the'applicant's

                                               37










                    plan does not meet the above stated criteria, they     shall   deny

                    approval of the plan.


                                ARTICLE  IV. NONCONFORMING USE,  DEVELOPMENT
                                     WAIVERS, EXEMPTIONS AND EXCEPTIONS


                    Section 9.5-13. Nonconforming Use and Development Waivers.

                           The lawful use of a building or structure which existed

                    at the time of passage of this chapter, or which exists at the

                    time of any amendment 'thereto, and which is not in conformity

                    with the provisions of the Overlay District may be continued in

                    accordance with the nonconforming use provisions of the City's

                    Zoning Ordinance.

                           No change or expansion of use shall be allowed with the

                    exception that:
                            (1) The  Zoning Administrator may grant a nonconforming

                                 use and development waiver for structures on legal

                                 nonconforming lots or parcels to provide for remod-

                                 eling and alterations-or additions to such noncon-

                                 forming structures provided that:

                                 (a) There will be no increase in nonpoint source

                                                                         by the city
                                      pollution load, as certified

                                      Director of Public Works;

                                 (b)  Any  development or land disturbance exceeding

                                      an area of 2,500 square feet complies with all

                                      erosion and sediment control     requirements of

                                      this chapter.

                            (2)  An applicatio n for a nonconforming use and devel-

                                 opment waiver shall be made to and upon forms

                                 furnished by the Zoning Administrator and shall

                                               38









                                include, for the purpose of proper enforcement of

                                this,,chapter, the following information-:

                                (a) Name and address of applicant and property

                                     owner;

                                                            he property and ty
                                (b)  Legal description of t                    pe of

                                     proposed use and development;

                                (c)  A sketch of the dimensions of the lot or

                                     parcel, location of buildings and proposed

                                     additions relative to the       lot lines and

                                     boundary of the RPA;

                                (d)  Location and description of any existing

                                     private water supply or sewage system.

                           (3)  A nonconforming use and development waiver shall
                                become null and void '12 months.fr8m the date issued

                                if no substantial work has commenced.


                    Section 9.5-14. -Exemptions.

                           (A)  Exemptions for Public Utilities, Railroads, and
                                Facilities.

                           (1)  Construction, installation, operation, and main-

                                tenance of electric, gas, and telephone transmis-

                                sion lines, railroads, and public roads and their

                                appurtenant structures in accordance with the

                                City's Erosion and Sediment Control Ordinance. will

                                be deemed to constitute compliance with these

                                regulations.

                           (2)  Construction,   installation, and    maintenance    of

                                water, sewer, and local gas lines    shall be exempt

                                from the Overlay District provided  that:


                                              39









                                (a) To the degree possible, the location of such

                                     utilities -and facilities 'shall be outside


                                     RPAs;

                                (b)  No more   land shall be disturbed      than is

                                     necessary to provide for the desired utility

                                     installation;

                                (c)  All construction, installation,     and main-

                                     tenance 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;

                                (d)  Any land disturbance exceeding an      area of
                                     2,500 square feet complies @7ith all   City of

                                     Petersburg   erosion   and   sediment    control

                                     require ments.

                           (B) Exemptions for Silvicultural Activities.

                           Silvicultural activities are exempt from the require-

                    ments of this chapter provided that silvicultural operations

                    adhere to water quality protection procedures prescribed by the

                    Department of Forestry in its Best Management Practices

                 !I Handbook for Forestry Operations.

                           (C) Exemptions in Resource Protection Areas.

                           The following land disturbances in Resource     Protection
                    Areas may be exempted from the Overlay District: (1)        water

                    wells; (2) passive recreation facilities such as boardwalks,

                    trails, and pathways; and (3) historic preservation and




                                               40









                  archaeological activities, provided that it is demonstrated to

                  the satisfaction  of the Director of Planning 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 ap-roved.uses;

                          (d)  Any land disturbance exceeding an area        of 2,500

                               square feet   shall comply with all City of     Peters-

                               burg erosion  and sediment control requirements.


                   Section 9.5-15. Exceptions.

                          (A)  A request for   an exception to the requirements of

                   this chapter shall be made   in writing to the Director of Plan-

                   ning.  The Director of Planning shall identify the impacts of

                   the proposed exception on. water quality and on lands within the

                   RPA through the performance of a water quality impact        assess-

                   ment which complies with the provisions of Section 9.5-12(F) of

                   this chapter.

                           (B) The Exceptions Review Committee, consisting of       the

                   Director of Planning, Director of Public Worksr Director of

                   Inspections, Zoning Administrator, Chairman of the Planning

                   Commission,   and two -citizens of the City of Petersburg'

                   appointed by   City Council, shall review the request for an

                   exception and the water quality impact assessment.               The



                                              41








                   Exceptions Review   Committee  may grant ... the exception with.   such

                   conditions ..and safeguards as deemed necessary to further the

                   purpose and intent'of this chapter     if the Committee finds:

                          '(1)   Granting the exception will not       confer upon the

                                 applicant any special privileges that are denied by

                                 this chapter to other   property owners in the      Over-

                                 lay District;

                           (2)   The exception request is not based upon conditions

                                 or - circumstances. that are self-created or        self-

                                 imposed, nor does  the request arise from conditions

                                 or-circumstances   either permitted or nonconforming

                                 that are related  to adjacent parcels;

                           (3)   The exception request is the minimum necessary to

                                 afford relief;

                           (4)   The exception   request will be in harmony with       the

                                 purpose and intent of the Overlay District and        not

                                 injurious to the neighborhood or otherwise detri-

                                 mental to the public   welfare;

                            (5)  Reasonable and appropriate conditions are imposed

                                 which will prevent the exception request from caus-

                                 ing a degradation of water quality.

                            (C)  Appeals of the. decisions of the Exceptions Review
                    Committee shall be made to the Board of        Zoning Appeals.     The

                    Board of Zoning  Appeals shall apply the criteria     listed in this

                    section when    considerin( the request for an        exception upon

                    appeal.

                            I, Barbara W. Moore, Clerk of the Council      of the
                            City of Pe-tersburg, Virginia, do certify that the
                            foregoing ordinance is a true and exact      copy of an
                            ordinance passed by the said Council at      a meeting
                            held on September 18, 1990.
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