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

      I





















                                                              TOWN OF CLAREMONT


































             KFV
             2847.5
             .C4
             C4
             A 991


























                                   PROPOSED AMENDMENTS
                                          TO THE
                           ORDINANCES OF THE TOWN OF CLAREMONT
                                     TO IMPLEMENT THE
                             CHESAPEAKE BAY PRESERVATION ACT




                                      FEBRUARY, 1991









                                  US Department of Commerce
                              NOAA Coastal Services Center Library
                                   2234 South Hobson Avenue
                                   Charleston, SC 29405-2413






        0@                             Submitted by
        r\4
                                David L. Kleppinger, AICP
                                       P.O. Box 173
                                  Williamsburg, VA 23187
                                       (804)220-9476

















         "SUPPORT FOR THIS PROJECT WAS FURNISHED IN PART BY THE VIRGINIA.,--.
         COUNCIL ON THE ENVIRONMENT AND GRANT NUMBER NA89AA-D-CZ134
         FROM THE COASTAL ZONE MANAGEMENT PROGRAM OF THE NATIONAL
         OCEANIC AND ATMOSPHERIC ADMINISTRATION.11









                     PROPOSED VIENDMENTS TO ARTICLE         DEFINITIONS-:------
                     OF THE ZONING -ORDINANCE OF CLAREMONT, VIRGINI-A:-------


          1-2A.       Agricultural Lands:    Those lands used for the planting.-
                      and harvesting of crops or plant growth of any kind in
                      the open; pasture; horticulture; dairying; floriculture;
                      or raising of poultry and/or livestock.

          1-8A.       Best Manaqement Practices       (BMPs);    A practice,      o:r.
                      combination of practices, that is determined by a -state
                      or designated area-wide planning agency to be the most
                      effective, practical means of preventing or--reduc-!ng--th-e----
                      amount of pollution generated by nonpoint sources to a
                      level compatible with water quality goals.

            1-12A.    Caliper: The diameter in inches of a tree trunk measured
                      six inches above ground level for nursery stock.

            1-13A.    Chesapeake Bay Preservation Area        (CBPA):     Any land
                      designated by the Town of Claremont pursuant to Part III
                      of the Chesapeake Bay Preservation Area Designation and
                      Management Regulations, VR 173-02-01, and Section 10.1-
                      2107 of the Code of Virginia.             A Chesapeake Bay
                      Preservation Area (CBPA) shall consist of a Resource
                      Protection Area (RPA) and a Resource Management Area
                      (RMA).

            1-13B.    Construction footprint:       The area of all impervious
                      surface, including but not    limited to, buildings, roads
                      and drives, parking areas, and sidewalks and the area
                      necessary for construction    of such improvements.

            1-16A.    Development:        The   construction,     or    substantial
                      alteration, of residential, commercial, industrial,
                      institutional, recreation, transportation, or utility
                      facilities or structures.


            1-16B.    Diameter at Breast Height (DBH): The diameter of a tree
                      measured outside the bark at a point 4.5 feet above
                      ground.

            1-17A.    Dripline: A vertical projection to the ground surface
                      from the Eurt,hest lateral extent of a tree's leaf canopy.









          L- 3 5A-.    Highly erodible soils:-- S-o i ls- -(excluding@-vegetat ion) with-------- -
                       an erodibility index (EI) from sheet and rill--erosion
                       equal to or greater than eight.     The erodibility-index
                       for any soil is defined as the product of the formula
                       RKLS/T,- as defined by the "Food Security Act (F.S.A.)
                       Manual" of August, 1988 in the "Field Office Technical
                       Guide"  of the U.S.     Department of Agriculture Soil
                       Conservation Service, where K is the soil susceptibility
                       to water erosion in the surface layer; R is the rainfall
                       and runoff; LS is the combined effects of- slope, length
                       and steepness; and T is the soil loss tolerance.

           1-35B.      Highly permeable -soils:  soils with a given-potential to-
                       transmit water through the soil profile.              Highly
                       permeable soils are identified as any soil having a
                       permeability equal to or greater than six inches of water
                       movement per hour   in any part of the soil profile to a
                       depth of 72 inches  (permeability groups "rapid" and "very
                       rapid") as found    in the "National Soils Handbook" of
                       July, 1983 in the   "Field Office Technical-Guide" of the
                       U.S. Department of  Agriculture Soil Conservation Service.

           1-37A.      Hydric soil: Soils that are saturated, flooded or ponded
                       long enough during the growing season to develop
                       anaerobic conditions in the upper part, which are
                       saturated for usually  one week or more during the growing
                       period and have the capacity to support hydrophytic
                       vegetation.

           1-37B.      Impervious cover:    A  surface composed of any material
                       that   significantly     impedes   or    prevents     natural
                       infiltration 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.

            1-38A.     Land d i sturbance/ land disturbing activity:      Refer to
                       Section 4.9 of the Erosion and Sediment Control Ordinance
                       for Claremont.


            1-50A.     Nonpoint source pollution:        Pollution consisting of
                       constituents such as sediment, nutrients, and organic and
                       toxic substances from diffuse sources, such as runoff
                       from agriculture and urban land development and use.

            1-50B.     Noxious weeds:      Weeds that are difficult to control
                       effectively, such as Johnson Grass, Kudzu, and multiflora
                       rose.









                                               2









           1 - .5.5 A, FL-al-I Of DeVelOpyftent:  The. pr oc. e 5,5 f o r 5 i t e p lzi ncl r-
                       subdivi-sion plat review to ensure complianct-witli Section
                       10.1-2109 of the Code of Virginia (Chesapeake Bay
                       Preservation Act)     and this ordinance,      prior to any
                       clearing or grading of a site or the issuance- of a
                       building permit.

           1-55B.      Planning Director: The Surry County Planning Direc-to--r.-.

           1-58A.      Redevelopment:    The process of developing land tha.t--I,s-.
                       or has been previously developed.

           1-58B.      Resource Management Area (RMA):       That component-of--th-e-@
                       Chesapeake Day Preservation Area that is not classified
                       as the Resource Protection 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.


           1-58C.      Resource Protection Area (RPA):       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 significant degradation to the quality of
                       state waters.


           1-58D.      Resource Protection Area (RPA) Buffer: A 100-foot wide
                       area of existing or established vegetation within the RPA
                       that protects other components of the RPA and state
                       waters from significant degradation associated with land
                       disturbances.


            L-58E.     Resource Protection Area Delineator (RPA Delineator)
                       A person trained in wetland ecology, botany, agronomy,
                       hydrology    and/or    related     fields   with     experience
                       delineating tidal and non tidal wetlands.

            1-77A.     Tidal shore or Shore:      Land contiguous to a tidal body
                       of water between the mean low water level and the mean
                       high water level.

            1-77B.     Tidal Wetlands: The vegetated and nonvegetated wetlands
                       as defined in Section 62.1-13.2 of the Code of Virginia.

            1-78A.     Tributary Stream:       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).




                                                 3








          1-82A.      Water-dependent facility:     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 1 imi ted to ( i ) ports;     i i ) the
                      intake and outfall structures of power plantsf water
                      treatment plants, sewage treatment plants,, and storm
                      sewers; (iii) marinas and other boat docking st-ruc   - tures;
                      (iv) beaches and other public-water-oriented--recreat@ion
                      areas;  and (v)    fisheries or other marine resources
                      facilities.


           1-82B.     Wetlands: All tidal and nontidal wetlands.

















































                                               4











                               PROPOSED AMENDMENT CREATING
                            ARTICLE 6A OF THE ZONING ORDINANCE
                                  OF CLAREMONT, VIRGINIA



                                         ARTICLE 6A
                           CHESAPEAKE BAY PRESERVATION DISTRICT



          6A-1.       Purpose of the District

                      The Chesapeake Bay and its tributaries are- one---of. -the--..
                      most important and productive estuarine systems in         the
                      world, providing economic and social benefits to           the
                      citizens of Claremont and the Commonwealth of Virginia.
                      The health of the Bay is vital to maintaining Claremont's
                      economy and the welfare of its citizens.

                      The   Chesapeake     Bay   waters    have    been    de ades
                                                                             gi
                      significantly by many sources of pollution, including
                      nonpoint source pollution from land uses and development.
                      Existing high quality waters are worthy of protection
                      from degradation to guard against further pollution.
                      Certain lands that are proximate to shorelines have
                      intrinsic water quality value due to the ecological and
                      biological processes they perform.         Other lands have
                      severe development constraints from flooding, erosion,
                      and soil limitations. with proper management, they offer
                      significant ecological benefits by providing water
                      quality maintenance and pollution control, as well as
                      flood and shoreline erosion control.             These lands
                      together, designated by the Board of Supervisors as
                      Chesapeake Bay Preservation Areas ("CEPAs"), need to be
                      protected from destruction and damage in order to protect
                      the quality of water in the Bay and consequently the
                      quality of life in Claremont and the Commonwealth of
                      Virginia.

                      It _i3 the purpose of this Article to support the goals
                      -and objective of the Chesapeake Bay Preservation Act and
                      the Claremont Comprehensive Plan by protecting and
                      improving the water quality of the Chesapeake Day, its
                      tributaries,     buffer    areas    and    other     sensitive
                      environmental lands by minimizing the potential adverse
                      effects of human activity upon these areas. The intent
                      of this Article is to:


                            protect existing high quality state waters;





                                              28A














                                                       P r                n nr
                          e 5c) r e a 11 c-i t h e r 3, t @a t e. w -a t - F5 t oa- -condi-t.*
                                 that will permit all rea-sonable lpubi 1C 11.1 e 1 5
                         and will support the propagation and growth Of J-Ill
                         aquatic li -fe,  including game fish, which might
                         reasonably be expected to inhabit them;-

                         safeguard the clean waters of the Commonwealth from
                         pollution;

                         reduce existing pollution;

                                                                              -o-
                         promote water resource conservation -,n-    order--li..
                         provide for the health, -safety, and welfare of the
                         present and future citizens o! Claremont.

                     The requirements contained herein establish the means to
                     minimize erosion and sedimentation potential, reduce land
                     application of nutrients and toxins, and maximize
                     .-ainwater infiltration   within   Ell h eChesapeake
                     Preservation Areas.    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 pesticides,
                     filters stormwater runoff. Minimizing impervious cover
                     enhances rainwater infiltration and effectively reduces
                     stormwater runoff potential.

                     Additionally, these regulations are 1ntended to prevent
                     a net increase in nonpoint source pollution from new
                     development, achieve a ten percent (10%) reduction in
                     nonpoint source pollution from redevelopment, and achieve
                     a  forty percent   (40%)  reduction  in  nonpoint source
                     pollution from -agricultural uses.


          6-2.       Application of the District

                     The CB Chesapeake Day Preservation District is created
                     as a special district to be superimposed on other
                     districts   contained   in   these   regulations.       The
                     requirements of this Article shall apply to all lands
                     identified as RPAs and RMAs on maps adopted by the Town
                     Council on file in the Surry County Planning Department.

                     The RPA includes:


                     (A) Tidal wetlands;

                     (B)  Nontidal wetlands connected by surface flow and
                          contiguous to tidal wetlands or tributary streams;


                                           28B









                     (C)   Tidal shores;

                     (D)   Slopes greater than   25 percent;

                     (E)   A 100-foot vegetated buffer area       located.adjacent
                           to and landward of the components listed above, and
                           along both sides of any tributary stream.

          6-1-2.     The RMA includes land areas            feet landward of the.
                     RPA which are characterized by environmental.ly sensitive
                     features such as floodplains, highly erodibl-e soils,
                     slopes less than 25 percent or less, highly- permeab-l.e
                     soils and nontidal wetlands outside of the RPA.

















































                                              28C







                     RPA Coheomms

                    Wghly erodible soils
                                         higWy permeable soils
                100-FOOT BUFFER
                                                           SLOPES IN
                                                           EXCESS OF
                                                           25%









                                                              TMAL SHORE
                         7. so*.               10

              %:
                      %





                       ov.ov
                      'of,                             77DAL WETLAND


                                                            RESOLTRCE
                                                            PROTF-CMON
                                                            AREA WA)
                                                            BOUNDARY

                                                 100 year floodplain


              nontidal wetland               NO\17MAL WETLAND
              (not connected)                (CONNE=)



                road system



          NOTE: items in lower case letters indicate the feature that the symbol depicts.
                MMS IN UPPER CASE UTrERS INDICATE THE FEATURE
                MUST BE MAPPED AS AN RFA FEATURE




                                     28D










            6-3.         Resource Protection Area

            6-3-1.       Interpretation of RPA Boundaries

                         The  site specific boundaries of           the    RPA  shall- be
                         determined by the applicant through        the  performance of
                         an environmental site assessment conducted by a RPA
                         Delineator.    The RPA Delineator shall use the adopted
                         map as a guide to the general 1ocation of an-.RPA.             The
                         RPA Delineator shall examine lands adjacent---to the
                         subject property to the extent necessary to determine if
                         any part of the full 100-foot landward veget        -at ed _' buff er-
                         must be delineated on the subject property.

            .@-3-2.      where Conflicts Arise over Delineation


                         Where   the   applicant    has    provided    a    site-specific
                         delineation of the REPA, the Planning Commission will
                         verify the   accuracy of the boundary delineation.              In
                         determining   the site-specific RPA boundary, the Planning
                         Commission   may render adjustments to the applicant's
                         boundary delineation based upon the recommendation of the
                         Planning Director, in accordance with this Article and
                         the Subdivision ordinance of Claremont.            In the event
                         the adjusted boundary delineation is contested by the
                         applicant, the applicant may seek relief from the
                         Claremont Board of Zoning Appeals in accordance with
                         Article 9 to determine the boundary delineation.

            6-3-3.       Use and Lot Size Provisions for Lands Within the RPA


                         (A)   Development within the RPA is limited to new water-
                               dependent facilities, expansion of existing water-
                               dependent facilities and redevelopment.

                         (B)   The above mentioned uses within the RPA must be in
                               compliance with the       intent and purpose        of the
                               Comprehensive Plan and comply with the performance
                               standards of this Article of the Zoning ordinance.

                         (C)   All newly created lots intended for human activity
                               and use shall have sufficient area landward of the
                               RPA to accommodate intended non-wa'L--,er -dependent land
                               uses and all non-water -dependent components of
                               water-dependent facilities.

                         (D)   Access, utilities        or   other    land disturbance
                               necessary to serve water-dependent facilities shall
                               be kept to a minimum with a single point of access
                               where possible.



                                                  28E


6-3-4.  RPA  Buffer Area Requirements

(A)  To minimize the adverse effects of human activites on the other components of Resource
Protection Areas, state waters, and aquatic life, a 100-foot buffer area of vegetation that is
effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from 
runoff shall be retained if present and established where is does not exist.

(B)  The RPA buffer shall be located adjacent to and landward of other RPA components and along
both sides of any tributary stream.  The full buffer area shall be designated as the landward
component of the RPA.

(C)  The 100-foot RPA buffer shall be deemed to achieve a 75 percent (75%) reduction of sediments
and a 40 percent (40 %) reduction of nutrients.



28F









                         -A-:combination of-a--buffer@-7a@re-aF-n@ot---17-e--".-th-a.-n-:5(Y-f-ei@t- -7
                    (D)
                          in width and appropriate Best Management Practices
                          located   landward   of   the   buffer   area    which
                          collectively achieve water quality protection,
                          pollutant removal, and water resource-conservation
                          at least the equivalent of the 100-foot buffer area
                          may be employed in lieu of the 100-foot buffer
                          provided that it is approved by the Planning
                          Commission with benefit of the comments of the
                          Planning Director after review of the water quality
                          impact assessment.

                                                       AjzEA ar BMP Co 1,4sTR U-- C nON
                              100-foot buffer area

                      OF landward 50'










                        area of allowable  minimum
                        BUT construction 1 buffer am&




                     (E)  The RPA buffer shall be maintained in accordance
                          with  the following performance standards:

                          (1)   In order to maintain the functional value of
                                the buffer area, indigenous vegetation may be
                                removed to provide for reasonable sight lines,
                                access paths, general woodlot management, and
                                best management practices, if authorized by the
                                Planning Commission, on a case-by-case basis,
                                upon presentation of documentation that the RPA
                                buffer will still function in a manner that
                                protects water quality.   Such vegetation shall
                                be replaced with other vegetation that is
                                equally   effective    in   retarding     runoff,
                                preventing erosion, and filtering nonpoint
                                source pollution from runoff.



                                            28G









                  THIS.-                           BLamR Ajm4 LAwuT ComrAmsoN
                                                 L         Suffw A..in

                       "w a." w6w RPA                  wal ohm w 01he IPA MUM




                                                             ahmLbs





                                                                NOT THIS!










                         (2) Trees may be pruned only as necessary to
                              provide for sight lines and vistas.

                         (3)  Any path shall be constructed and surfaced so
                              as to effectively control erosion.
                     Accus PAiw Com-mumoN

                                    bdUbration                  runoff
                                                gmvel'                    halt,
                                              mulch, ew-                 ncrete, etc.


                                                                       IM111111IT111





                                       THIS.=                   NOT THIS 1



                         (4)  Dead, diseased, or dying trees    or shrubbery
                              may be removed and silvicultural  thinning may
                              be conducted based upon the recommendation of
                              a professional fores ter or arborist.
                                           jcgh,

                                          28H









                           (5) ---For- shorelineerosion control projects,
                                 and woody vegetation may be removed-1-7-nece-s-sary
                                 control techniques employed, and appropriate
                                 vegetation established to protect or stabilize
                                 the shoreline, in accordance with - t     he. -best-
                                 available technical advice subject         to the
                                 issuance of all required permits-

                     (F)   When the application of the RPA buffer wouldresult
                           in the loss of a buildable area on-a lot orparcel.____@
                           legally created prior to October 1, 1989 as
                           certified by the Claremont Zoning Administrator, th-e
                           Planning Commission may modify the wi-dth- 0__f7__the___
                           buffer area in accordance with the following
                           criteria:

                           (1)   modifications to the buffer areas shall be the
                                 minimum necessary to achieve a reasonable
                                 buildable area for a principal structure and
                                 necessary utilities;

                           (2)   Where possible, an area equal to the area
                                 encroaching within the buffer area shall be
                                 established elsewhere on the lot or     parcel in
                                 a way which will maximize water quality
                                 protection; and

                           (3)   In no case shall the buffer area be reduced to
                                 less than 50 feet in width.



                MODIMAnON To BuFFrR AREA Wm7w



                                                          buffer area boundary
                           I                              septic drainfield
                                                          new buffer area created equal in
                                  drain                   size to encroached buffer area
                                                          septic tank located in buffer
                                                          area due to site restrictions

                                               win.
                                                          edge of fidal shore or other RPA feature
                                                          dwelling





                                              281









                              on -aciricultural landcj., the agricultural buffc-.'r
                              shali -be managed -to prevent concentrated -flows
                              surface water from breaching the buffer area and
                              noxious weeds from invading the buffer area.            The
                              agricultural buffer area may be reduced as fol-l-ows:_

                              (1)  To a minimum width of 50 feet when the adjacent
                                   land is implementing an agricultural best
                                   management practices program funded by the
                                   federal, state, or local governme-nt,_ provided
                                   that the combination of the reduced buffer area
                                   and the best management practices.-actiekre-water-
                                   quality protection, pollutant removal, and
                                   water resource conservation at least the
                                   equivalent of the 100-foot buffer area;

                              (2)  To a minimum width of 25 feet when a soil and
                                   water quality conservation plan, as approved
                                   by the Peanut Soil and Water Conservation
                                                                          th -_ d ` cent
                                   District, has been implemented on . e a Da            -
                                   land.   Such plan shall be based ugon the Field
                                   Office Technical Guide of the U.S. Department
                                   of Agriculture Soil Conservation Service and
                                   accomplish water quality protection consistent
                                   with this Section.


                              (3)  The   buffer    area    is   not ' required      along
                                   agricultural drainage ditches if the adjacent
                                   agricultural land has. in place best management
                                   practices in accordance with a conservation
                                   plan approved by the Peanut Soil and water
                                   Conservation District.


                        (H)   County-Provided Compliance Assistance Relating 17o
                              Single Family Home Construction/Modification

                              The Planning Director, when requested by an
                              applicant wishing to construct a single family
                              residence in a Chesapeake Bay Preservation Area,
                              will prepare, for a fee, the submittal materials
                              required by Sections 6A-5-2. to 6A-5-5. as well as
                              delineate the RPA boundary.

                        (I)   RPA Signs

                              When development occurs adjacent to an RPA boundary,
                              the applicant shall install or mount signs
                              indicating the location of the RPA limits. Signs,
                              which are available from the Zoning Administrator,
                              shall be positioned within 300 feet of each other
                              and/or where an RPA boundary line crosses a property
                              line.


                                                 28J









           6A-4.       Performance Standards for All Development.and.
                       Redevelopment

           6A-4-1.     All development and redevelopment shall        be subject --to.
                       applicable provisions of the Subdivision Ordinance of
                       Claremont,, the Erosion and Sediment Control ordinance,
                       and the Zoning Ordinance of Claremont.


                                                                                 Y_ 0
           6A-4-2.     No more land shall be disturbed than is necessar -t'
                       provide   for the desired use        or development.        -The
                       construction footprint shall not exceed 60 percent (60%)
                       of the site.


           6A-4-3,     All land development shall minimize impervious cover-
                       consistent with the use or'development allowed.

           6A-4-4.     Indigenous vegetation shall be preserved to the maximum
                       extent possible consistent with the use and development
                       allowed.


           6A-4-5.     All on-site sewage disposal systems not requiring an-
                       VPDES permit shall be pumped out at least once every five
                       years,

           GA-4-6.     For new construction, 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 any lot or parcel recorded prior to
                       October 1, 1989, and which lot or parcel is not
                       sufficient in capacity to accommodate a reserve sewage
                       disposal site   '  as determined by the local Health
                       Department, Building -shall be prohibited on the area of
                       all sewage disposal sites which are in use 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.

           6A-4-7.     For any development or redevelopment, stormwater runoff
                       shall be controlled by the use of best management
                       practices.

                       (A)   For development, the post-development nonpoint
                             source pollution runoff load shall not exceed the
                             pre-development load, based on the calculated
                             average land cover for Virginia's Chesapeake Bay
                             watershed;

                       (B)   For isolated redevelopment sites, the nonpoint
                             source pollution load shall be reduced by at least
                             10 percent. The Planning Commission may waive or
                             modify this requirement for redevelopment sites that


                                               28K









                            originally incorponated bes-lt rfizinagement practiceff.
                            -For :3tormwater rutnoff quality control, provided the.
                            following provisions are satisfied:

                            (1)   In no case may the post-development nonpoint
                                  source pollution runoff load exceed the pre-
                                  development load;

                            (2)   Runoff   pollution    loads    must   have     been
                                  calculated and the BMPs selected for         - the
                                  expressed purpose of controlling nonpoint
                                  source pollution;

                            (3)   if best management practices are structural,
                                  evidence shall be provided that facilities are
                                  currently in good working order and performing
                                  at the design levels of service. The Planning
                                  Commission may require a review of both the
                                  original. structural design and.._maintenance_-------
                                  plans to verify this provision.             A new
                                  maintenance agreement may be required by Town
                                  Council to ensure compliance with this Article.

                       (C)  For   redevelopment, both the pre- and post-
                            development loadings shall be calculated by the same
                            procedures.     However, where the design data is
                            available, the original post -deve 1 opment nonpoint
                            source pollution loadings can be substituted for the
                            existing development loading--.

                       (D)  For single family dwellings on lots of one acre or
                            greater in size, stormwater runoff calculations are
                            not required since they are typically characterized
                            by post -deve 1 opment runoff wi thin acceptable ranges.

           6A-4-8.     Prior to initiating grading or other on-site activities
                       on any portion of a lot or parcel, all wetlands permits
                       required   by   federal,    state.,  and   local    laws   and.
                       regulations shall be obtained and evidence of such
                       submitted to the Planning Commission, in accordance with
                       this Article and the Subdivision ordinance of Claremont.

           6A-4-9.     Land upon which agricultural activities are being
                       conducted    shall have a soil and            water    quality
                       conservation plan.     Such plan shall be based upon the
                       Field Office Technical Guide of the U.S. Department of
                       Agriculture 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.



                                               28L









           GA-5.       Submission Requirements

           6A-5-1.     Plan of Development
                       Any development or redevelopment exceeding '1500 square
                       feet  of   land   disturbance   in   the   CBPA '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, unless the Planning:_C-ommi.s.s.ion,
                       with benefit of the review comments of the--P'l-a*nning
                       Director, determines @that due to the, scope. and- nature of
                       the proposed development certain of the required
                                   -is                                      e - ts
                       information     unnecessary.   The submittal re-quir men
                       of Sections GA-5-1. to 6A-5-6., as required, shall
                       constitute a complete -site plan submittal for land
                       disturbance activities associated with individual one-
                       and   two-family    dwellings.     site   plan    submission
                       requirements for commercial,   industrial and multi-family
                       dwellings shall comply with    the -submittal requirements
                                       .0                                       - of
                       of 6A-5-1. to 'A-5-7.      Administration of--the---plary
                       development    process     for   other    development      or
                       redevelopment activities  shall be in accordance with this
                       Article for site plans, and the Subdivision ordinance of
                       Claremont for subdivision plats. The Planning Director
                       shall be provided with two (2) sets of plans and
                       accompanying materials for review. The Planning Director
                       shall review the plans for compliance with this Article
                       and return a marked up set with recommendations to the
                       Claremont Planning Commission within thirty (30) days.
                       The following plans or studies shall be submitted, unless
                       otherwise provided for, to accompany a site plan or
                       subdivision plat:

           GA-5-2.     Environmental Site Assessment


                       An environmental site assessment shall be -submitted in
                       conjunction with a preliminary site plan or preliminary
                       subdivision plat approval application.

                       (A)   The environmental site assessment shall be drawn to
                             -scale on the submitted plan of development for one-
                             and two-family dwellings, preliminary site plans and
                             subdivision plats clearly delineating the following
                             components:

                             (1) Tidal wetlands;

                             (2) Tidal -shores;

                             (3) Nontidal wetlands in RPA;

                             (4) Slopes greater than 25 percent;


                                              28M









                           5     A 100-foot buffer area located adjac. ent to :=ind
                                 landward   o f  the   component--,  listed    1 n
                                 subsections a through c above, and along both
                                 sides of any tributary stream;_-

                           (6)   Nontidal wetlands in RMA;

                           (7)   Hydric Soils;

                      (B)  Wetlands delineations Shall be performed-consistent-
                           with the procedures specified in the Federal Manual
                           r
                           .Lor  Identifying and Delineating ---jur-isdictional
                           Wetlands, 1989.

                      (C)  The environmental site assessment shall be drawn at
                           the same scale as the site plan or subdivision plan,
                           and shall be certified as complete and accurate by
                           a RPA Delineator competent to make the inventory.
                           This requirement may be waived by -the -Plann-ing
                           commission when the proposed use or development
                           would result in less than 5,000 square feet of
                           disturbed area.


           GA-5-3.    Landscape Plan

                      A landscape plan, as described below, shall be submitted
                      in conjunction with a site plan or preliminary
                      subdivision plat approval application.      No clearing or
                      grading of any lot or parcel shall be permitted without
                      an approved landscape plan.     Landscape plans shall be
                      prepared and/or certified by design professionals
                      practicing within their areas of competence as prescribed
                      by the Code of Virginia.

                      (A) Contents of the Plan

                           (1)   The landscape 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 in diameter at breast height
                                 (DBH) shall be shown on the plan, or where
                                 there are groups of trees, the woodlines of the
                                 group may be outlined instead.      The specific
                                 number of trees 6 inches or greater DBH to be
                                 preserved outside of the impervious cover and
                                 outside the groups shall be indicated on the
                                 plan. Trees to be removed and woodlines to be
                                 changed   to  create   desired   and    necessary
                                 impervious cover shall be clearly delineated
                                 on the plan.


                                             28N










                          (2)   Any required buffer area shall be clearly
                                delineated and any plant material to be added
                                to establish or supplement the buffer area, as
                                required by this Article, shall be shown on
                                the landscape plan.

                          (3)   Within the buffer area, trees to be removed
                                for sight lines, vistas, access paths, and
                                BMPs, as provided for in t-his Article, shall
                                be shown on the landscape plan.       Vegetation
                                required by this Article to replace any
                                existing trees within the buffer area- shall
                                also be shown on the plan.

                          (4)   Trees to be removed for shoreline stabilization
                                projects and any replacement vegetation
                                required by this Article shall be shown on the
                                landscape plan.

                          (5)   The landscape plan shall depict grade changes
                                or other work adjacent to trees which would
                                affect them adversely.    Specifications shall
                                be provided as to how grade, drainage, and
                                aeration would be maintained around trees to
                                be preserved.

                          (6)   The landscape plan shall include specifications
                                for the protection of existing trees during
                                clearing,   grading,    and   all   phases     of
                                construction.


                     (B) Plant Specifications

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

                           (2)  All   supplementary    or   replacement    plant
                                materials shall be living and in healthy
                                condition.   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.

                           (3)  Where areas to be preserved, as designated on
                                an approved landscape plan, are encroached,
                                replacement   of  existing   treess  and    other
                                vegetation will be a chieved at a ratio of 2


                                            280










                                 planted treez- to 1 re-moved. Replacement tree,5
                                 S ha 11 be a  'm I n I rn,) m2-1/2 inches  caliper
                                 measured  at breast height at the       time of
                                 planting.

                      (C) Maintenance

                           (1)   The applicant Shall be responsible      for - the
                                 maintenance, repair, and replacement--of all--:
                                 vegetation as may be required by the-provis ions -
                                 of this Article.

                           (2)   In  buffer   areas   and   areas   outside    the
                                 impervious cover, plant material shal-1 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 th_1s__Ar_t1_cl-e_


          6A-5-4.     Stormwater Management Plan

                      A stormwater management plan shall be submitted as part
                      of the plan of development process required by Section
                      6A-5. in conjunction with site plan or subdivision plat
                      approval. This submittal is not required for individual
                      one- and two-family homes located on lots one acre or
                      greater in size if the impervious cover is 16% or less
                      of the total site area.


                      (A) Contents of the Plan

                           At a minimum, the stormwater management plan shall
                           contain the following:

                            (1)  Location and design of stormwater control
                                 devices and BMPs.


                            (2)  Procedures for implementing nonstructural
                                 stormwater control practices.

                            (3)  Pre- and post-development nonpoint source
                                 pollution      loadings     with       supporting
                                 documentation of all utilized coefficients and
                                 calculations.


                             (4) For facilities, verification of structural
                                 soundness, including a Professional Engineer
                                 or Class IIIB Surveyor Certification.



                                             28P










                      (B)  The plan shall establish a long-term'schedule for
                           inspection and maintenance of stormwater management
                           facilities     that    includes     all     maintenance
                           requirements and persons responsible for performing
                           maintenance.      If the designated         maintenance
                           responsibility i's with a party other than the Town
                           of Claremont, then a maintenance agreement shall be
                           executed between the responsible party and the Town.

           6A-5-5.    An erosion and sediment control plan in accordan-ce with-
                      the Erosion and Sediment Control Ordinance of Claremont.


           6A-5-6.    Water Quality Impact Assessment

                      (A) A water quality impact assessment is require for:

                            (1)  Any proposed development       or redevelopment
                                 within an RPA, including       any buffer area
                                 modification or reduction.


                            (2)  Any proposed development       or redevelopment
                                 within an RMA when deemed      necessary by the
                                 Planning   Commission    due   to    the    unique
                                 characteristics of the site    (such as the
                                 topography, soils, ground cover, location of
                                 wetlands and tidal shores) or the intensity of
                                 the proposed development.

                      (B) The   purpose of the water quality impact assessment
                            is:

                            (1)  to identify the impacts of proposed development
                                 on water quality and lands within an RPA and
                                 other environmentally sensitive lands;

                            (2)  to 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;

                            (3)  to protect individuals from investing funds for
                                 improvements proposed for a location on lands
                                 unsuited for such development because of high
                                 ground water, erosion, or vulnerability to
                                 flood and storm damage; and to specify
                                 mitigation which will address water quality
                                 protection.




                                             28Q









                           The  water  quality impact as-,5eP_,5rctent @@hall- be
                           certified as complete and accurate by a professional
                           engineer or other individual with demonstrated
                           competence satisfactory to the Planning Commission.

                     (D)   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 a modification or reduction of -the- landward
                           50 @eet of the 100-foot buffer ar.e-a-..-----A minor
                           assessment must demonstrate through acceptable
                           calculations that the remaining buffer area and
                           necessary best management practices will result in
                           removal of no less than 75 percent of sediments and
                           40 percent of nutrients from post-development
                           stormwater runoff. A minor assessment shall include
                           a site drawing to scale which shows the following:

                           (1)  Location of the components of the RPA on site
                                or within 100 feet of the site, including the
                                100-foot buffer area;

                           (2)  Location   and    nature   of    the    proposed
                                encroachment into the buffer area, including:
                                type of paving material; areas of clearing or
                                grading; location of any structures, drives,
                                or other impervious cover; and sewage disposal
                                systems or reserve drainfield sites;

                           (3)  Type and location of proposed best management
                                practices    to    mitigate     the     proposed
                                encroachment.


                     (E)   Major Water Quality Impact Assessment

                           A major water quality impact assessment shall be
                           required for any development which 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;
                           disturbs any portion of any other component of an
                           RPA or disturbs any portion of the buffer area
                           within 50 feet of any other component of an RPA; or
                           is located in an RMA and is deemed necessary by the
                           Planning Commission. The submittal requirements in
                           this Article shall be considered a minimum, unless
                           the Planning Commission determines that some of the
                           elements are unnecessary due to the scope and nature



                                            28R









                            of the proposed use and development- of
                            following   elements    shall   be   inc luded- in- -t-h-e----
                            preparation and submission of a major wa.ter quality
                            assessment   which    accompanies    a  site   plan or
                            subdivision application:

                            (1)   All information required as part of'-a mi      .n or
                                  water quality impact assessment;

                            (2)   The    identification      of     the    existing-
                                  characteristics and    conditions of    sensitive-
                                  lands as components    of the
                                  herein;

                            (3)   The identification of  the natural processes and
                                  ecological relationships inherent in the site,
                                  and an assessment of the impact of the proposed
                                  use and development of land on these processes
                                  and relationships;

                            (4)   A hydrogeological study which describes the
                                  existing topography, soils, hydrology and
                                  geology on the site and adjacent lands,         and
                                  indicates the impacts of the proposed
                                  development on these features as well as        the
                                  following:

                                  (a)   disturbance or destruction of wetlands    and
                                        justification for such action;

                                  (b)   disruptions or reductions in the supply
                                        of water to wetlands, streams, lakes,
                                        rivers or other waterbodies;

                                  (c)   disruptions     to    existing      hyd.rology
                                        including wetland and stream circulation
                                        patterns;

                                  (d)   source   location    and   description      of
                                        proposed fill material;

                                  (e)   location of dredge material and location
                                        of dumping area for such material;

                                  (f)   location of an impacts on shellfish beds,
                                        submerged aquatic vegetation, and fish
                                        spawning areas;

                                  (g)   estimation of pre- and post -deve 1 opment
                                        pollutant loads in rilnoff;




                                               28.9









                                 (h)  estimation   o f  percent    i n c - r e-zl ff, en
                                      imperviou-s surface on site and-type(s)   of
                                      surfacing materials used;

                                 (i)  percent of site to be cleared for project;

                                 (j)  anticipated duration and phasing    schedule
                                      of construction project;

                                 (k)  the    proposed     mitigation-
                                      associated with potential hydrogeological
                                      impacts which -may include. min.imi_z_.i_ng_cut____
                                      and f ill, a proposed stormwater management
                                      system, th@ creation of wetlands to
                                      replace those lost, and the use of erosion
                                      and sediment control concepts such as
                                      minimizing the extent of cleared areas,
                                      perimeter controls, reduction of runoff
                                      velocities,    measures     to    stabi1 1 ze
                                      disturbed areas, and the implementation
                                      of a comprehensive        site    inspection
                                      program;

                                 (1)  a listing of all requisite permits from
                                      all applicable agencies necessary to
                                      develop the project.

                      (F) Evaluation Procedure

                           (1)   Upon the completed review of a minor water
                                 quality   impact assessment,      the    Planning
                                 Commission will determine if any proposed
                                 modification or reduction to the buffer area
                                 is consistent with the provisions of this
                                 Article and make a finding based upon the
                                 following criteria:

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

                                 (b)  Impervious surface is minimized;

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

                                 (d)  The development, as proposed, meets the
                                      purpose and intent of this Article;



                                             28T










                                 (e)  The cumulative impact of the- proposed
                                      development, when considered in relation
                                      to other development in the vicinity, both
                                      existing and proposed, will not result in
                                      a  significant   degradation    of    water
                                      quality.

                          (2)    Upon the completed review of a major water
                                 quality  impact   assessmentf    the    Planning
                                 Commis5ion will determine     if the- proposed-
                                 development is consistent with the purpose -and
                                 intent of this Article and make a finding based
                                 upon the following criteria:

                                 (a)  within any RPA, the proposed development
                                      is water-dependent;

                                 (b)  The disturbance of wetlands will be
                                      minimized;

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

                                 (d)  The development will not result in
                                      significant   degradation     to    aquatic
                                      vegetation or life;

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

                                 (f)  Proposed erosion and sediment control
                                      concepts are adequate to achieve the
                                      reduc@ions in runoff and prevent off-site
                                      sedimentation;

                                 (g)  Proposed stormwater management concepts
                                      are adequate to control the storm water
                                      runoff to achieve the required standard
                                      for pollutant control;

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

                                 (1)  The design and location of any proposed
                                      drainfield will be in accordance with the
                                      requirements of Section 6A-4.;




                                            28u









                                     The    development,    a 5   propoo-ed ,  I s
                                     consistent with the purpose and intent of
                                     this Article;

                                 (k) The cumulative impact of the proposed
                                     development, when considered.in relation
                                     to other development in the  .vicinity, both
                                     existing and proposed, will not result in
                                     a   significant    degradation   of    water
                                     quality.

                           (3)   The  Planning    Commission     shal.l---. -----require
                                 additional mitigation where potential impacts
                                 have not been adequately addressed. Evaluation
                                 of mitigation measures will be made by the
                                 Planning Commission based on the criteria
                                 herein.


                           @4)   The Planning Commission shall find the proposal
                                 to be inconsistent with the nurpose and intent
                                 of this Article when the impacts created by the
                                 proposal cannot be  mitigated.    Evaluation of
                                 the impacts will be made by the Planning
                                 Commission based on the criteria herein.


                           (5)   A landscaping plan

                           (6)   A wastewater study which:

                                 (a)  includes calculations and locations of
                                      anticipated ' drainfield    or   wastewater
                                      irrigation areas;

                                 (b)  provides justification for sewer line
                                      locations in environmentally-sensitive
                                      areast where applicable, and describes
                                      construction techniques and standards;

                                 (c)  discusses any proposed on-site collection
                                      and treatment systems, their treatment
                                      levels,     and   impacts   on     receiving
                                      watercourses;

                                 (d)  describes the potential impacts of the
                                      proposed wastewater systems, including the
                                      proposed mitigative measures for these
                                      impacts.






                                             28V









          6A-5-7.    Supplemental Submittal Requirements for         -Commercial,'
                     Industrial, and Multi-Family Site Plans-

                     (A)-  Preliminary Site_Plans

                           The preliminary site plans shall be clearly       drawn
                           to scale as specified below and shall       -show t  he
                           following:

                           (1)   The proposed title of the project-f   -owner_-br----
                                 owners of the land, andname of the    e n g- 1 n e er
                                 architect, designer, or landscape archi-tect,
                                 and the developer.

                           (2)   The northpoint, scale, and date.

                           (3)   Location of the project by an insert map at a
                                 scale of not less than one inch equals two
                                 thousand feet, indicating the sc-al,e.,--.the ... nor-th.
                                 arrow, and such information as the names and
                                 numbers of adjoining roads, streams and bodies
                                 of water, railroads, subdivisions, towns, and
                                 magisterial districts or other landmarks
                                 sufficient to clearly identify the location of
                                 the location of the property.

                           (4)   Existing zoning and zoning district boundaries
                                 and proposed changes in zoning, if any.

                           (5)   The boundaries of the property involved, county
                                 or municipal boundaries, the general location
                                 of all existing easements and property lines,
                                 existing streets, buildings, or waterways,
                                 major tree masses and other existing physical
                                 features in or adjoining the project.

                           (6)   Uses of adjoining properties and names of
                                 owners.


                           (7)   Topography of the project area with contour
                                 intervals of two feet or less, unless waived
                                 by the Administrator as clearly unnecessary to
                                 review of the project or proposal.

                           (8)   The approximate location and sizes of sanitary
                                 and storm sewers, water mains, culverts, and
                                 other underground structures, existing and
                                 planned, in or near the project.





                                             28W










                              (.9    The    qenpyal   locatinn     -and   characte  r   C) f
                                     construction of proposed st        reets, alleys,
                                     driveways, curb cuts, entrances and exits,
                                     loading areas, (including numbers -of p        arking
                                     and loading spaces), outdoor lighting systems,
                                     storm drainage and sanitary facilities.

                              (10)   The general location of proposed      lots, setback
                                     lines, and easements and.proposed reservati.ons
                                     for parks, parkways, playgrounds, -school- sAtes,
                                     and open spaces.

                              (11)   Location with respect to each other-- and to lot
                                     lines, number of floors, number of swelling
                                     units and approximate height of all proposed
                                     buildings and structures, accessory and main,
                                     or major excavations.

                              (12)   Preliminary plans and elevations o     'f-_ the several
                                     dwelling type-s and other buildings, as may be
                                     necessary.

                              (13)   General location, height, and material of all
                                     fences,     walls,      screen     planting,       and
                                     landscaping.

                              (14)   General location, character, size, height,         and
                                     orientation of proposed signs.

                              (15)   A tabulation of the total number of dwelling
                                     units of various types in the project and the
                                     overall project density in dwelling units per
                                     acre, gross or net as required by district
                                     regulations.

                               (16)  If located in a Chesapeake Bay Preservation
                                     Area., the delineation of an RMA, RPA and RPA
                                     buffer area; the delineation of a primary and
                                     reserve sewage disposal site, if applicable;
                                     as well as the information specified in Section
                                     6A-5-2. of this Article.

                               The Planning Commission may establish additional
                               requirements for preliminary site plans, and in
                               special cases, may waive a particular requirement
                               if, in its opinion, the inclusion of that
                               requirement is not essential to a proper decision
                               on the project. Site plans may be prepared on one
                               or more sheets to show clearly the information
                               required by this article and to facilitate the
                               review and approval of t     he plan. If prepared in


                                                   28X










                            more than one sheet, match lines shall indicate
                            where the several sheets joint.     Each plan sheet
                            shall reserve a blank space three inches wide and
                            five inches high for the use of the approving
                            authority. Site plans shall be prepared to a scale
                            of one inch equals fifty feet, or such other-scale
                            as may be approved by the Planning Commission as
                            appropriate to a particular case.

                     (B) -Final Site Plans

                            The final site plan shall show the following:-

                            (1)  All of the features required on the preliminary
                                 site   plan    with    sufficiently      accurate
                                 dimensions, construction specifications and
                                 computations to support the issuance of
                                 construction permits.

                            (2)  All existing and proposed water and sanitary
                                 sewer facilities indicating all pipe sizes,
                                 types and grades and where connection is to be
                                 made to the County or other utility system.

                            (3)  Provisions for the adequate disposition of
  0                              natural and storm water in accordance with the
                                 duly adopted design criteria and standards of
                                 Claremont indicating the location sizes, types
                                 and grades of ditches, catch basins and pipes
                                 and connections to existing drainage system.
                                 Provision for the adequate control of erosion
                                 and sedimentation, indicating the proposed
                                 temporary and permanent control practices and
                                 measures which will be implemented during all
                                 phases of clearing, grading, and construction.

                            (4)  Existing topography with two-foot contour
                                 intervals or such intervals as approved by the
                                 Planning Commission. Where existing ground is
                                 on a slope of less than two percent, either
                                 one-foot contours or spot elevations where
                                 necessary but not more than fifty feet apart
                                 in both directions.


                            (5)  Proposed    finished    grading    by    contours
                                 supplemented    where    necessary     by     spot
                                 elevations.








                                             28Y











                           (6)  All horizontal dimensions ohown on the site
                                plan shall be in feet and decimal-. of a foot
                                to the nearest one hundredth of a foot; and all
                                bearings in degrees, minutes, and seconds to
                                the nearest ten seconds.



                           (7)  The delineation of an RMA, RPA and RPA buffer
                                area as well as a primary and reserve sewage
                              .disposal site, if applicable.


                     (C) Procedure for Approval of Site Plans

                           (1)  Five copies of a preliminary site plan or plans
                                shall be filed with the Planning Commission.
                                The preliminary site plan shall be accompanied
                                by such other written or graphic material as
                                may be necessary or desirable   -in aiding- -the-
                                decisions of the Planning Commission.

                           (2)  Approval by the Planning Commission of a
                                preliminary site plan shall be valid for a
                                period of one year.   A final site plan shall
                                be prepared and filed with the Planning
                                Commission   and   shall   comply    with    the
                                specifications of this Article and applicable
                                lawsl regulations, and ordinances governing
                                development of land. Permits shall be issued
                                in accord with the approved and filed plat.
                                All wetland permits required by law and all
                                necessary maintenance agreements ensuring
                                proper maintenance of best management practices
                                must be on f ile with the Planning Commission
                                before the final plan is approved.

                     (D)   Amendments and Additions to site Plans

                           The procedure for amendment of approved site plans
                           shall be the same as for a new application, except
                           that minor amendments of an approved site plan may
                           be approved by the Planning Commission authorizing
                           its Chairperson to initial the change on the plan.
                           A change may be made provided it:

                           (1) Does not alter a recorded subdivision plat,

                           (2) Does    not    conflict   with    the    specific
                                requirements of this Ordinance,




                                            28Z










                      (E)  Revocation of Permits

                           No permit shall be issued for any structure in any
                           area covered by a site plan under this Article
                           except in conformity to such plan which- has-@been
                           duly approved. Permits may be revoked by the Town
                           for failure to comply with the approved plan, the
                           conditions attached thereto, or other applicable
                           regulations.

                      (F)  Approval and  Extension

                           Approval of   final site plan submitted     under  the
                           provisions of this Article shall expire one year
                           after the date of such approval unless building
                           permits have been obtained for construction in
                           accordance therewith. A single one-year extension
                           may be given upon written request by the applicant
                           to the Planning Commission within ninety days be   fore
                           the expiration of the approved site plan.          The-
                           Planning Commission shall acknowledge the request
                           and shall make a decision regarding the requested
                           extension within thirty days after receipt of the
                           request.


           6A-6. Installation and Bonding Requirements

           GA-6-1.    Where buffer areas, landscaping, stormwater management
                      facilities or other specifications of an approved plan
                      or plat are required, no certificate of occupancy shall
                      be issued until the installation of required plant
                      materials or facilities is completed, in accordance with
                      the approved plan or plat.

           6A-6-2.    When the occupancy of a structure is desired prior to the
                      completion of the required landscaping, stormwater
                      management facilities, or other specifications of an
                      approved plan, a certificate of occupancy may be issued
                      only if the applicant provides to Claremont a form of
                      surety satisfactory to the Town in an amount equal to the
                      remaining plant materials, related materials, and
                      installation costs of the required landscaping or
                      facilities and/or maintenance costs for any required
                      storm water management facilities during the construction
                      period.

           6A-6-3.    All required landscaping shall be installed and approved
                      by the first planting season following issuance of a
                      certificate of occupancy or the surety may be forfeited
                      to the Town.



                                             28AA









          GA-6-4.     All re-quired P_,tormiwater r(tanaqement f aci lit ies___or__othe@r-
                      -specifications shall be installed and approved with-in 18
                      months of project commencement.      Should the applicant
                      fail, after proper notice,      to initiate, complete or
                      maintain appropriate actions required by the.- approved
                      plan, the surety may be forfeited to the Town. -The Town.
                      may collect from the applicant the amount by which the
                      reasonable cost of required actions exceeds the amount
                      of the surety held.

          6A-6-5.     After all required actions of the approved plan or plat
                      have been completed, the applicant must submit- -a- written-
                      request for a final inspection. If the requirements of
                      the approved plan have been completed to the satisfaction
                      of  the    Planning   Commission,    such   unexpended      or
                      unobligated portion of the surety held shall be refunded
                      to the applicant or terminated within 60 days following
                      the receipt of the applicant's request for final
                      inspection.    The Planning Commissi-on may._require      -  a
                      certificate of substantial completion from a Professional
                      Engineer or Class IIIB Surveyor before making a final
                      inspection.


          6A-7.       Exemptions

          6A-7-1.     Public Utilities


                      (A) Construction, installation, and maintenance by
                            public agencies of water, sewer, and gas lines shall
                            be exempt from this Article provided that:

                            (1)  to the degree possible the location of such
                                 utilities and associated facilities should be
                                 outside RPAs;

                            (2)  no more land shall be disturbed than is
                                 necessary to provide for the desired utility
                                 installation;

                            (3)  all such construction, installation, and
                                 maintenance of such utilities and facilities
                                 shall be in compliance with all applicable
                                 Federal, State, County, and Town permits and
                                 designed and conducted in a manner that
                                 protects water quality; and

                            (4)  any land disturbance exceeding an area of 2,500
                                 square feet shall comply with the Erosion and
                                 Sediment Control Ordinance of Claremont.




                                             28BB










                      (B)   Exemptions for Silvicultural Activities

                            Silvicultural activities are exempt from the
                            requirements - of    this   Article    provided     that
                            silvicultural operations adhere to water quality
                            protection procedures prescribed by the Department
                            of Forestry in its Best Management Practices
                            Handbook for Forestry Operations.

                      (C)   Exemptions for Water Wells, Passive Recreation
                            Facilities     and    Historic     Preservation       and
                            Archaeological Activities in RPAs

                            Exemptions from these requirements may be granted
                            for the following land disturbances in RPAs:          (i)
                            water wells; (ii) passive recreation facilities such
                            as boardwalks, trails, and pathways; and (iii)
                            historic preservation and archaeological activities,
                            provided that it is demonstrated to the- satis-faction
                            of the Planning Commission that:

                            (1)  Any required permits, except those to which
                                 this exception specif ically applies, shall have
                                 been issued;

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

                            (3)  The intended use does not conflict with nearby
                                 planned or approved uses.

                            (4)  Any land disturbance, excluding an area of
                                 2,500 square feet, shall comply with the
                                 Erosion and Sediment Control ordinance of
                                 Claremont.



           6A-8.      Nonconforming Use and Development Waivers

           6A-8-1.    Continuation of an Existing Lawful Use

                      It is not the intent of this ordinance to prevent
                      beneficial use or minor modification or alteration of
                      structures legally existing prior to adoption of this
                      Article.    Additionally, it is not the intent of this
                      ordinance to prevent the practical use of lots or
                      structures existing prior to adoption of this Article
                      whose proximity to a RPA         leaves insufficient area
                      suitable for building outside    the RPA, lack soil suitable




                                             28CC









                     for re-,erve or alternate drainfields, or contain other
                     Eactor-_ which make the property practically unu.able upon
                     application of the requirements of this Article.

         GA-8-2.     Waivers may be granted in this regard by the Plan-n-ing
                     Commission in order to allow the beneficial. use of
                     property, and reasonable and appropriate conditions may
                     be attached to the operating of the waiver in order to
                     prevent water quality degradation, provided that.:

                     (A)  Waivers granted shall be the minimum necessary to
                          provide for buildable area or practical-beneficial
                          use;

                     (B)  Facilities, to the extent practical, which are not
                          water-dependent shall be located outside of a RPA;

                     (C)  Waivers granted shall cause no increase in nonpoint
                          source pollution load;

                     (D)  Land disturbances in excess of 2,500 square feet
                          shall comply with the Erosion and Sediment Control
                          ordinance of Claremont;

                     (E)  A waiver shall become null and void twelve months
                          from the date of issue if, in the opinion of the
                          Planning Commission, no substantial work has
                          commenced.



          6A-8-3.    Application for a Development Waiver

                     An application for a waiver shall be made to the Planning
                     Commission and include the following information:

                     (A)  name and address of applicant and property owner;

                     (B)  location map of site, legal description (tax map and
                          parcel number) of the property, sketch of the parcel
                          in question with dimensions;

                     (C)  location of existing and proposal buildings, site
                          activities, and water supply and sewage systems;

                     (D)  location of the RPA boundary line delineation.









                                            28DD










          6A-9.       Exceptions

          6A-9-1.     Request for Exception

                      A request for an exception to the requirements of this
                      Article shall be made in writing to the Planning
                      Commission.     It shall identify the impacts of the
                      proposed exception on water quality and on lands within
                      the RPA through the performance of a water quality impact
                      assessment.


          6A-9-2.     Exception Review

                      The Planning Commission shall review the request for an
                      exception and the water quality impact assessment and may
                      grant the exception with such conditions and safeguards
                      as deemed necessary to further the purpose of this
                      Article if the Planning Commission finds:

                      (A)   Granting the exception will not confer upon the
                            applicant any special privileges that are     denied by
                            this Article to other property owners in      the CBPA;

                      (B)   The exception request is not based upon conditions
                            or circumstances that are self-created or self-
                            imposed, nor does the request arise from conditions
                            or circumstances either permitted or non-conforming
                            that are related to adjacent parcels;

                      (C)   The exception request is the minimum necessary to
                            afford relief;

                      (D)   The exception   request will be consistent with the
                            purpose and     intent of this Article, and not
                            injurious    to   the   neighborhood     or    otherwise
                            detrimental to   the public welfare; and

                      (E)   Reasonable and appropriate conditions are imposed
                            which will prevent the exception from causing a
                            degradation of water quality.

                      The Planning Commission will consider written and oral
                      input from Town, County and State agencies and other
                      interested parties, if solicited.         An exception will
                      become null and void twelve months from the date of issue
                      if, in the opinion of the Planning Commission, no
                      substantial work has commenced.








                                              2BEE









         6A-10.      variance Appe-El 1

          6A-10-1.   If the Planning Commission cannot make the required
                     findings or refuses to grant an exception, the applicant--
                     may appeal by- submitting a written application for review
                     to the Board of Zoning Appeals ("Board") in      accordance
                     with Article 9 of this Ordinance. The Board     shall hear
                     the appeal as soon as practical after receipt of a
                     complete application accompanied by the wat     er  -quality
                     impact assessment and the Planning Commissionl-s@lwr-itten
                     findings and rationale.

          6A-10-2.   In rendering its decision, the Board shall consider the
                     water quality impact assessment and the findings and
                     rationale of the Planning, Commission and balance the
                     hardship to the property owner with the purpose, intent,
                     and objectives of this Article.














































                                            28FF











                              FROPOSED AMENDMENTS TO THE
                     SUBDIVISION ORDINANCE OF CLAREMONT,   VIRGINIA



         Page 2      Section 1-1 PURPOSE

                     Insert 11, protect and enhance the water quality of the
                     Chesapeake  Bay as    intended by the     Chesapeake    Day
                     Preservation Act" between "the community" and "and to
                     promote" on line 5.


          Pages 3-5  Section 2 DEFINITIONS                                  ... ...

          2-2A       Best Management Practices (BMPs).        A practice, or
                     combination of practices, that is determined by a state
                     or designated area-wide planning agency to be the most
                     effective, practical means of preventing or__red_uc_ing____t.he._______
                     amount of pollution generated by nonpoint, -sources to a
                     level compatible with water quality goals.

          2-3A       Chesapeake Bay Preservation Area (CBPA).         Any land
                     designated by the Town of Claremont pursuant to Part III
                     of the Chesapeake Bay Preservation Area Designation and
                     Management Regulations, VR 173-02-01.1., and Section
                     10.1-2107 of the Code of Virginia.       A Chesapeake Bay
                     Preservation Area (CBPA) shall consist of a Resource
                     Protection Area (RPA) and a Resource Management Area
                     (RMA).

          2 - 2) 1 A Resource Management Area (RMA).     That component of the
                     Chesapeake Bay Preservation Area (CBPA) that is not
                     classified as t-he Resource Protection 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.


           2-21B     Resource Protection Area (RPA). 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 significant degradation to the quality of
                     state waters.


           2-21C     Resource Protection Area (RPA) Buffer. A 100-foot wide
                     area of existing or established vegetation within the RPA
                     that protects other components of the RPA and state
                     waters from significant degradation associated with land
                     disturbances.











          2-21D       Resource Protection Area Delineator     (RPA Delineator)-
                      A person trained in wetland ecology,     botany, agronomy,
                      hydrology  and/or    related    fields   with    experience
                      delineating tidal and nontidal-wetlands.

          2-29-2      Add the following sentence at the end of this section------
                      "The requirements of this Ordinance and of Article 6A of
                      the Zoning Ordinance of Claremont, which relate to the
                      Chesapeake Bay Preservation District, shall be complied
                      with if the subject parcel is located within a Chesapeake
                      Bay Preservation Area.


          Page 10     Add Section  5-2A COMPLIANCE WITH THE CHESAPEAKE BAY
                      PRESERVATION ACT


                      "Subdivisions proposed for sites within a Chesapeake Bay
                      Preservation   Area    shall   comply    with _ applicable______
                      requirements of the Zoning Ordinance of Claremont,
                      Article GA, Chesapeake Bay Preservation District.'"



          Page 11     Add to Section 5-5-3 the following sentence to be
                      inserted immediately following the first sentence:

                      "Subdivisions located in designated Chesapeake Bay
                      Preservation Areas     shall   utilize    best    management
                      practices as required by Article 6A of the Zoning
                      Ordinance of Claremont and bonds as necessary shall be
                      provided 'for their construction and maintenance."



          Page 11     Add to Section 5-6 the following to be inserted in line
                      5 between "highway engineer" and ", which bond":         "and
                      the agent".



          Page 18     Add to Section 6.8 the following sentence:

                      "All wetland permits required by law and all necessary
                      best management practices (BMP) maintenance agreements
                      ensuring proper maintenance of best management practices
                      must be on file with the agent before final plat approval
                      is granted."





                                              2











          P'a q e 1 E, Add S-F-c-t'
                              Ion 6-3 10:


                     The delineation  of an RMA, RPA and RPA buffer area      and,
                     if applicable, the delineation of a primary and reserve
                     sewage disposal site, as well as the. information
                     specified in Section 6A.5.2 of the Zoning Ordinance of
                     Claremont if the site is located within the Chesapeake
                     Bay Preservation District.



          Page 18    Add Section 6-7-10:

                     The delineation of an RMA, RPA and RPA buffer area and,
                     if applicable, the delineation of a primary and reserve
                     sewage disposal site if the site is located within the
                     Chesapeake Day Preservation-District.





































                                              3










           AN ORDINANCE     OF CLAREMONT,     VIRGINIA ENTITLED      EROSION.    AND
           SEDIMENTATION    CONTROL   ORDINANCE,    TO   CREATE-- PROVISIONS--- -FOR_L___
           CONTROLLING EROSION AND SEDIMENTATION RELATING TO SUBDIVISIONS-,_-____
           SITE DEVELOPMENT, AND MISCELLANEOUS CLEARING AND GRADING OF NATURAL-,
           TERRAIN AND TO PROVIDE FOR PUNISHMENT FOR VIOLATIONS --THEREOF.-



                 SECTION 1. Purpose

                 An  ordinance   providing    for,  both during -and.,-,following

           development, the control of erosion and sedimentation;---of____.._r____

           alleviating harmful and/or damaging effects of on-site erosion -and

           siltation of neighboring downstream properties during and after

           development; and establishing procedures for the administration and

           enforcement of such controls.




                 SECTION 2. Scope of Application of ordinance

                 This ordinance applies to any land disturbing activity, as

           defined, within or partly within the boundaries of Claremont.



                 SECTION 3. Application

                 No person shall engage in any land disturbing activity, until

           such person has had reviewed by and has had approved by the

           Claremont town Council or its duly designated agent, an erosion and

           sediment control plan for such land disturbing activity, except as

           provided for in Section 5 of this ordinance.

                 It is the intent of this ordinance to be an adjunct to both

           the Town's Subdivision and Zoning Ordinances wherein such apply to

           the development and subdivision of land within Claremont or as such









          rft,ay apply to development on previol-1.51y @@,ubdivided_ or developed land

          within Claremont.




                SECTION 4.  Definitions

                For the purpose of this ordinance, certain-    terms and.   words.

          used herein shall be interpreted as follows:

                1. "Governing Body" shall mean the Claremont Town Council.

                2. "Administrator" shall meanthe Mayor of Claremont or his

          duly appointed agent.

                3. "Chesapeake Bay Preservation District" shall. mean -any land-

          designated pursuant to Part III of the Chesapeake Bay Preservation

          Area Designation and Management Regulations and Section 10.1-2107

          of the Chesapeake Bay- Preservation Act.           A Chesapeake Bay

          Preservation District shall consist of a Resource Protection Area


          (RPA) and a Resource Management Area (RMA).

                4. The Town Administrator's "duly appointed agent" means that

          person appointed by the Mayor to act for him or to assist him in

          the administration and enforcement of this ordinance. The agent

          may be appointed only with the prior approval of the Claremont Town

          Council.


                5. "District or Soil and Water Conservation District" shall

          mean a governmental subdivision of the State organized in

          accordance with the provisions of the Soil Conservation Districts

          Law Title 21, Chapter 1, Code of Virginia as amended, (Peanut Soil

          and Water Conservation District).





                                             2









               6.   "Clearing" shall- mean any activity which removes the

           vegetative ground cover including but not limited to, removal of

           vegetative ground cover, root mat, and/or topsoil.

               7.   "Grading" shall mean any excavating or filling of earth

           materials or any combination thereof, including the     land in,,@Its.

           excavated or filled condition.

                8.  "Excavating" shall mean any digging,     scooping or   other

           methods of removing earth materials..

                9.   "Filling" shall mean any depositing or stockpiling of

           earth materials.


                10.   "Land Disturbing Activity" shall mean any land change

           which may result in soil erosion from water or wind and the

           movement of sediments into state waters or onto lands, including,

           but not limited to, clearing, grading, excavating, transporting,

           and filling of land, except that the term shall not include:

                (i) such minor land-disturbing activities as home gardens and

           individual home landscaping, repairs and maintenance work;

                (ii)      individual   service    connections   including     the

           installation, maintenance, or repair of any underground public

           utility lines when such activity occurs on an existing hard

           surfaced road, -street or sidewalk provided such land-disturbing

           activity is confined to the area of the road, street or sidewalk

           which is hard surfaced;

                (iii) septic tank or drainage lines unless located within the

           Chesapeake Bay Preservation District or unless included in an





                                             3









          overall -plan for land-c-Ti S turb Ing activity relatinq  to-con8truction

          of the building to be served by the septic tank system;

               (iv) surface or deep mining;

               (iva) exploration or drilling for oil and gas including the

          well site, roads and off-site disposal areas;

               (v) neither shall it include tilling, planting or harvesting

          of agricultural, horticultural or forest crops;

               (vi) construction, repair or rebuilding of the tracks,, right-

          of-way, bridges, communication facilities and other related

          structures and facilities of a railroad company;

               (vii)   preparation for single-family residences separately

          built, unless in conjunction with multiple construction in

          subdivision development or unless within the Chesapeake Bay

          Preservation District;

               (viii)    disturbed land areas of less than ten thousand

          (10,000) square feet in size; provided, however, that Town Council

          may reduce this exception to a smaller area of disturbed land

          and/or qualify the conditions under which this exception shall

          apply; or disturbed land areas of less than twenty-five hundred

          (2,500) square feet in size within the Chesapeake Day Preservation

          District;

                (ix) installation of fence and signed posts or telephone and

          electric poles and other kinds of posts or poles;

                (x)    shore erosion control projects on tidal waters

          recommended by the soil and water conservation districts in which




                                            4










           the projects are located or approved by the Virginia Marine

           Resources Commission;

               (xi)  emergency work to protect life, limb or--property, and

           emergency repairs; provided that if the land disturbing activity---

           would have required an approved erosion and sediment control plan.,

           if the activity were not an emergency, then the land area disturbed

           shall be shaped and stabilized in accordance with the requirement

           of the Administrator.

               11.   "Land Disturbing Permit" shall mean -a permit issued by

           the Administrator for clearing, filling, excavating, or any

           combination thereof.


               12.  "Plan" or "Erosion and Sedimentation Control Plan" shall

           mean a document containing material for the conservation of soil

           and water resources of a unit or a group of land units.     It may

           include appropriate maps, an appropriate soil and water plan

           inventory and management information with needed interpretations,

           and a record of decisions contributing to conservation treatment.

           The "Plan" shall contain all major conservation decisions to assure

           that the entire unit or units of land will be so treated to achieve


           the conservation objectives.

                13. "Transporting" shall mean any moving of earth materials

           from one place to another, other than such movement incidental to

           grading, when such movement results in destroying the vegetative

           ground cover, either by tracking or the buildup of earth materials

           to the extent that erosion and sedimentation will result from the


           soil or earth materials over which such transporting occurs.


                                            5














               SECTION 5.  Plan submi--sion

               Four (4) copies of the erosion and sediment control- plan shall

          be submitted to the Administrator.




               SECTION 6.  Inspection and Enforcement, Fees

               Inspection and enforcement of this ordinance shall rest     with

          the Administrator and/or his duly appointed agent.     Town Council

          may establish a reasonable fee to defray the cost of program

          administration, including costs associated with the issuance of

          grading or land disturbing permits,'    plan review, and periodic

          inspection for compliance with erosion   and sediment control plans

          if changes for such costs are not made under any other law,

          ordinance or program.      The fee shall not exceed any amount

          commensurate with the services rendered, taking into consideration

          the time, skill, and Administrator's expense involve,d or one

          thousand dollars ($1,000.00), whichever is less.




               SECTION 7. Erosion and Sedimentation Control Plan


               The erosion and sedimentation control plan required by this

          ordinance shall be submitted to the Administrator and shall detail


          those methods and techniques to be utilized in the control of

          erosion and sedimentation.


               As a minimum, the erosion and sedimentation control plan shall

          follow the format detailed in Chapter 6 of the Virginia Erosion and

          Sediment Control Handbook, and as may be amended from time to time,


                                            6









                     by    eference              ted -as. -par- - -f- -i-s-r- -ria c___ _A-c
              which     -r             is-adop                 t -6   t-h    6 d:i   n e-.         opy-

              of the Handbook, with any amendments thereto, is on file in the

              Claremont T-own Hall, and shall- be available for inspection during

              working hours.

                    Approved standards and specifications for control techniques

              to be utilized. in preparing this plan are--set- forth- i-n -_ Chapter---- 1-11-

              of the current Virginia Erosion and Sediment Control Handbook and

              as may be amended, from time to t.ime, which by reference, are

              adopted as a portion of this ordinance.



                    SECTION 8. Approval

                    Any erosion and sedimentation plan submitted under the

              provisions of this ordinance which is deemed to be complete shall

              be acted on in forty-five (45) days from receipt by either

              approving or disapproving in writing and giving specific reasons

              for disapproval.           If no formal action has been taken by the

              Administrator or his duly appointed agent in forty-five (45) days

              after receipt of       plan, the plan shall be deemed approved.



                     SECTION 9.      Certification: Bonding of Performance

                     All control measures required by the provisions of this

              ordinance shall be undertaken at the expense of the owner or his

              agent; and pending such actual provision thereof, the owner or his

              agent shall execute and file with the Administratorl prior to

              issuance of the Land Disturbing Permit an agreement and bond (or

              agreements and bonds) in an amount determined by the Administrator


                                                          7

























                               PROPOSED AMENDMENT TO
                                   THE CLAREMONT
                            COMPREHENSIVE PLAN RELATIVE
                            TO THE IMPLEMENTATION OF THE
                          CHESAPEAKE BAY PRESERVATION ACT











                                   FEBRUARY, 1991





















                                    Submitted by:

                              David L. Kleppinger, AICP
                             Private Planning Consultant
                                     P.O. Box 173
                                Williamsburg, VA 23187
                                     (804)220-9476













                                  PROPOSED AMENDMENT
                                          41
                                        PAGE 19


         1.   VA   Chesapeake   Bay  Local   Assistance  Board   enacted Lthe
              Chesapeake Bay Preservation Area Designation and Management
              Regulations in September 1989, which were readopted in
              November 1990.











                       PROPOSED AMENDMENT - NEW OBJECTIVE AND
                        POLICY TO FOLLOW HISTORIC PRESERVATION
                                           #2
                                        PAGE 24


         Environmental Protection


         Objective:      Sensitive lands at or near shorelines that have
                         intrinsic water quality value due to the ecological
                         and biological processes they perform should be
                         protected from the adverse effects of indiscriminate
                         land development patterns and practices.

         Policy:

         Adopt local ordinances implementing the Chesapeake Day Preservation
         Act.









          equ,al to the approximate total    co--t of providing e-ro-@@-ion

          sedimentation control improvements with surety approved     by  Town

          Council, guaranteeing that the required control measures    will@-be---

          properly and satisfactorily undertaken.

               Within sixty    (60) days of the completion of the         land,

          disturbing activity, such bond, cash escrow, letter    of credit or

          other legal arrangement, or the unexpended or unobligated portion-

          thereof, shall be refunded to the owner or his agent or terminated,

          as the case may be.



               SECTION 10. Issuance of Land Disturbing Permit

               No person shall engage in any land disturbing activity as

          defined in Section 4.9 of this ordinance with the Town of Claremont


          until he has acquired a land disturbing permit.

               Issuance of a land disturbing permit is conditioned upon an

          erosion and sediment control plan having been submitted to the

          Administrator which has been approved. Additionally, the applicant

          shall comply with the requirements of Section 9 of this ordinance

          concerning a performance bond, cash escrow, letter of credit, any

          combination thereof, or other such legal arrangement as is

          acceptable to Town Council prior to the issuance of this permit.



                SECTION 11. Inspection

                The Administrator or his duly appointed agent shall provide

          for and carry out periodic inspection of the land disturbing

          activity for which a permit has been issued to ensure compliance










          with the approved plan and to determine whether         the

          required in the plan are effective. The Administrator or his    agent

          is provided right-of-entry for purposes of inspection.       If it Is

          determined that the permittee has violated the terms of      the plan-..

          or  that   the  plan   is  ineffective,   the   Administrator   s-h-a 11-,:-,

          immediately serve upon the permittee, at his last shown address by

          registered or certified mail, a notice to comply, setting forth the

          alleged violations and the time allotted for compliance. If the

          permitt ee  fails to bring his activity into compliance with

          requirements within the time allotted, his permit- may be revok-.e-d

          and he shall be deemed to be in violation of this ordinance.




                SECTION 12. Amendment


                An approved erosion and sedimentation plan may be amended by

          the Administrator if on-site inspection indicates that the approved

          control measures are not effective in controlling erosion and

          sedimentation or because of changed circumstances, the approved

          plan cannot be carried out; provided such amendments are agreed to

          by persons responsible for carrying out the plan.



                SECTION 13. Administrative Appeal: Judicial Review

                All final decisions of the Administrator under this ordinance

          shall be subject to review by the Claremont Town Council, provided

          an appeal is filed within thirty (30) days from the date of any

          written decision by the Administrator.




                                             9









               Fin-al decisions of the. Town council Linder this ordinance. sh.=-kl.l

          be subject to review by the Surry Circuit Court, provided an appeal

          is filed within thirty (30) days from the date of the final written-

          decision of Town Council.




               SECTION 14.   Penalties, Injunctions, and other  Legal Actions

               A violation of this ordinance shall be deemed a     misdemeanor

          and upon conviction shall be subject to a fine not    exceeding one

          Thousand Dollars ($1,000.00) or thirty (30) days        imprisonment,

          either one or both, for each violation or both.

               Each day's violation of this ordinance shall be deemed a

          separate offense.



               SECTION 15. Severability

               Should any provision of this ordinance be held to be

          unconstitutional or invalid, such declaration shall not affect or

          impair the remainder of this ordinance.





















                                            10



























                                PROPOSED AMENDMENT TO
                                    THE CLAREMONT
                             COMPREHENSIVE PLAN RELATIVE
                            TO THE IMPLEMENTATION OF THE
                           CHESAPEAKE BAY PRESERVATION ACT










                                    FEBRUARY, 1991




















                                     Submitted by:

                               David L. Kleppinger, AICP
                              Private Planning Consultant
                                     P.O. Box 173
                                Williamsburg, VA 23187
                                     (804)220-9476














                                                                   -7 :i--

                                  PROPOSED AMENDMENT


                                       PAGE  19


         1.   VA Chesapeake    Bay   Local  Assistance   Board   enacted. -the
              Chesapeake Bay Preservation   Area Designation  and - Management
              Regulations   in  September  1989,  which were    readoptedin
              November 1990.











                        PROPOSED AMENDMENT    NEW OBJECTIVE AND
                        POLICY TO FOLLOW HISTORIC PRESERVATION-
                                           42
                                        PAGE 24


          Environmental Protection


          objective:      Sensitive lands at or near shorelines that have
                          intrinsic water quality value due to the ecological
                          and biological processes they perform should be
                          protected from the adverse effects of indiscriminate
                          land development patterns and practices.

          Policy:

          Adopt local ordinances implementing the Chesapeake Bay Preservation
          Act.



















































                                                                                                                                   3 6668 14102 6320