CBPA administrative procedures Hampton Roads localities

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CBPA ADMINISTRATIVE PROCEDURES

HAMPTON ROADS LOCALITIES

COMPILED BY HAMPTON ROADS PLANNING DISTRICT COMMISSION STAFF

IN COOPERATION WITH

STAFF FROM HAMPTON ROADS LOCAL GOVERNMENTS

FEBRUARY1991
A

CBPA ADMINISTRATIVE PROCEDURES

HAMPTON ROADS LOCALITIES

This report was produced, in part, through financial support from
the Virginia Council on the Environment pursuant to Coastal
Resources Program Grant No. NA90AA-H-CZ796 from the National
Oceanic and Atmospheric Administration.

Preparation of this report was included in the HRPDC Program for
1990-91, approved by the Commission at its Executive Committee
Meeting of March 21, 1990

Compiled by Hampton Roads Planning District Commission Staff in
Cooperation with Staff from Hampton.Roads Local Governments

February 1991

INTRODUCTION

Now that nearly all Hampton Roads local governments subject
to the Chesapeake Bay Preservation Act (CBPA) have adopted their
local programs, local planners have turned their attention to
program implementation. As part of this effort, several localities
have recently developed local CBPA program administrative
procedures. This report is a compilation of these procedures. The
types of procedures found in this report include site plan review
checklists, stormwater BMP maintenance agreements, waiver and
appeal applications, and administrative flow charts. Monthly
Chesapeake Bay staff contact meetings conducted by HRPDC staff
served as a forum through which local planners exchanged ideas on
the development of these procedures.

The administrative procedures contained in this report
include only those that have recently been developed to implement
the CBPA. In each of the localities, development proposals within
Preservation Areas will also be subject to other procedures that
are part of the overall development review process, but are not
specific to CBPA implementation.

We hope that this report will be of use to localities that are
in the process of developing administrative procedures or are
considering revision to their current procedures. Any questions
regarding specific procedures should be referred to the local
government staff representative listed on the divider page for each
locality. The HRPDC staff will continue to compile and distribute
local CBPA administrative procedures as they are developed or
refined.

This report was prepared in cooperation with local government
staffs as part of' the 1990-91 HRPDC Regional Chesapeake gay
Preservation and Coastal Resource Management Programs.

1. Application to Chesapeake Bay Preservation District Review
Committee

Staff Contact: Pat Thomas
Chief Planner
Department of Planning
City of Hampton
22 Lincoln Street
Hampton, VA 23669
1-727-6140
1-727-6895 (FAX)

APPLICATION TO CHESAPEAKE BAY PRESERVATION DISTRICT ROUTING .
REVIEW COMMITTEE ORI Py

To be submitted to the Zoning Administrator
Zoning Department, 3rd Floor
Hampton City Hall
22 Lincoln Street
Hampton, VA 23669
(804)727-6270

THIS SECTION TO BE COMPLETED BY APPLICANT

Applicant:
Address:

Phone:
Address of the property involved in this application:
6789,
Brief legal description of the property involved:
FEB 1991
Property owner (if not the same as Applicant):
ED
RECEIV
HRPDC
Action Requested of Review Committee:

Resolution of SPI-CBPD boundary dispute

Modi fication of RPA buffer width for lots recorded prior to
October 1. 1989

Modification or Exception to RPA buffer area requirements

Waiver of Stormwater Management Plan

Exception to Stormwater Management Plan requirements

I certify that.this application, and the information outlined on
the reverse side, is complete and accurate.

Applicant Date

Owner (if different from Applicant) Date

THIS SECTION TO-BE COMPLETED BY ZONING ADMINISTRATOR

All necessary information received

Fee received (Waiver of Stormwater Management Plan only)

Zoning Administrator Date

vL,LP,bz VxUviuz r'lVk; (.,.)) CUkli.ES Uie TM k'ULAUW1Nu WITH kUUK
APPLICATION:

Plat of the subject property with all Resource Protection
Area and Resource Management Area components identified;

Resolution of SPI-CBPD boundary dispute:

Applicant's proposed SPI-CBPD boundary

Modification of RPA buffer width for lots recorded prior to
October 1, 1989:

Proof of recordation prior to October 1, 1989; and

Proposed plan of development, to include the location and
dimensions of all buildings

Modification or Exception to RPA buffer area requirements:

Proposed plan of development, to include the location and
dimensions of all buildings and improvements, and limits of
land disturbance;

Description of the specific hardship imposed by the buffer
area requirements; and

water quality impact assessment, as described in the
Stormwater Management and Erosion and Sediment Control
ordinances

Waiver of Stormwater Management Plan:

Proposed plan of development, to include the location and
dimensions of all buildings and improvements, and limits of
land disturbance;

Any additional information requested by the Department of
Public Works (727-6388); and

Twenty-five dollar ($25.00) application fee

Exception to Stormwater Management Plan requirements:

Proposed plan of development,, to include the location and
dimensions of all buildings and improvements, and limits of
land disturbance;

Description of the specific hardship imposed by the buffer
area requirements; and

Water quality impact assessment, as described in the
Stormwater Management and Erosion and Sediment Control
ordinances

C!3E'1VW CW MC31:;1"VC31111K

1. Administrative Flow Charts

Sheet 1. Request for Site Plan Review
Sheet 2. Site Plan Review Process
Sheet 3. Subdivision Review Process
Sheet 4. Request for Rezoning
Sheet 5. Request for Fill Permit
Sheet 6. Buffer Area Maintenance Process
Sheet 7. Areas of Responsibility by Department and Division

2. Initial Plan Review Checklist

3. Application for Building Activities Not Requiring Site Plan
Review within the Chesapeake Bay Preservation Area

4. Site Plan Review Checklist

Staff Contact: Keith Cannady
Division of Environmental Affairs
Norfolk Department of Planning and Codes
Administration
403 City Hall Building
Norfolk, Virginia 23501
441-2152
626-1969 (FAX)

Sheut 1. Request for Building Permit or Site Plan Review

Request for Bldg. Permit [Request for Site Plan Revie
W@

Can Project Be Built Under No PIcn/PermIt Rejected.
Existing Zoning?

Yes

Is Project In CBPA No (Existing Process)
Overlay Zone?
T
F
Verify Location in Applicant May Appeal.
-CBPA Overlay Zone.

Denle@

Does Project Require Yes Applicant Files for Exemption,
Exemption, Exception or Exception or Waiver.
Waiver to CBPA Requirements?

Approved
No

Exceptions for all
Requirements for Buffer principal structures
Modiricatlon and/or WQIA Yes Does Project require Buffer and exceptions and waivers
Added to site plan Modification and/or WQIA? for projects of 2,500 sq. ft.
requirements. or more land disturbance

Site Pion Review
Process All exemptions and all
waivers for projects of less
than 2,500 sq. ft.
Approved land disturbance. Approve

Denied

Bldg. Permit
Bldg. Permit Applicant May Processed.
-Processed F Appeal to CPC
------------
, HYes

*New structures (including detach ad-garag as, pools. etc.) and additions to the footprint
of existing structures.
CBPA-C@asapeake Bay Preservation Area; CPC-CIty Planning CornmIslon; WOIA-Water Quality impact Assessment.

Sheet 2. Site Plan Revie w Process (current flow chart)

Applicant flies site plan with
OCPCA
Room 508 City Hall Building.

DCPCA
does preliminary check to see If required Information Is
that all ordinance requirements missing, applicant Is contacted
Qr8 shown on the site plan. to amend initial plan.

Amended site plan Is submitted.]

Site plans are sent out to all
applicable City Departments. Revised Ae plan Is submitted.

If all responses Indicate If responses Indicate
approval, no revisions are disapproval, applicant Is notified
necessary. of disapproVC13 and encouraged
to contact appropriate
departments for clarification and
to make necessary revisions. I
T

Appropriate Departments make
another review to see If revisions
are satisfactory.

Revisions are satisfactory. Revisions are not satisfactory

Site plan 13 signed by the Applicant Is given a copy of Applicant takes approved site
DCPCA. approved site plan. Copies are NO- plan to Building Official
sent to City Departments. to begin processing
of sundIng Permit.

DCPCA-Department of Planning and Codes Adminlstratlon

Sheet 3. Subdivision Review Process

Request for subdivision Can project be bunt Yes 13 project In CBPA
under existing zoning? Overlay Zone?

No
No
Plan rejected. Yes I
(Exi3tIng Proces
Requirements for buffer Verify location In CBPA
modification andlor WQIA Does Project require buffer Overlay Zone and advise
applicant of need
added to subdivision modification or WQIA? for environmental
requirements. site assessment.

No'

Review for Minimum
Buildable Area.

Subdivision Request sent out
to all applicable City Depts.

If all responses indicate If response IndIcate Revlsed pion Is submitted.
approval, no revisions are disapproval. applicant Is
necessary. notified of d1sopprovals and
encouraged to contact
appropriate departments for
clarification and to make
necessary revisions.

Appropriate Departments make
Revisions are satisfactory. another review to see If revisions
J are satisfactory.

Subdivision Is forwarded for Revisions are not 30tlSfactory.-i-
recordation by Division of
Surveys.
@es

CE3PA-Chesopeake Say Preservation Area; WQIA-Watar Quality Impact Assessment

Sheet 4. Request for Rezoning

Request for Rezoning

Is property located In CBPA Overlay Zone?-

Yes

Verify location In CBPA
Overlay Zone and advise applicant of need for
environmental site assessment.

11
Would requested z@ne district be consistent
Application not accepte7d,]--*@o with CBPA buffer area
requirements?

Yes

Rezoning Application
Process

CBPA-Chesopeake Bay Preservation Area

Sheet 5. Request for Fill Permit

Request for F711 Permit

is project located In CBPA No
overlay zone?

Yes

Permit Denied
CBPA requirements?
Does project meet Wetlands and

Yes

Does Project m et other
le
requirements of fill ordinance?

Yes No

Permit Granted Permit De ied
ndl

CBPA-Chesopeake Bay Preservation Area

Sheet 6. Buffer Area Maintenance Process

Request for Tree Wofic Perrnlt

if
Would work be performed an public lohd or In No
CSPA Resource Protection Area? 0- (No permit required.)

Yes

Permit Is processed under Tree Ordinance

Maintenance of vegetation In the buffer crea (pruning and removal)
that Is not part of the development process (e.g. bldg. permit, request
for site plan review or subdIvIslon, erosion and sediment control permit,
fill pennit, or wetlands permit.)

C&A-Chesopecke Bay Preservation Area

V. PROGRAM ADMINIS7MTION

Administrative Flow Charts:

Sheet 7. Responsibilities by Department and Division

Department of City Planning and Codes Administration

Division of New Construction (NC)

1. Review site plans and building permits for adherence to E&S
requirements.

2. Enforce E&S requirements.

Division of Land Use Regulation (LR)

1. Determine if project is located in CBPA overlay zone.

2. Determine if type of building permit requested will require CBPA program
review.

3. Coordinate review of applications for exceptions and waivers to CBPA
requirements under zoning ordinance as revised per CBPA requirements.

4. Coordinate site plan review process under site plan review ordinance as
revised per CBPA requirements.

5. Coordinate subdivision review process under subdivision ordinance as
revised per CBPA requirements.

6. Coordinate request for rezoning under zoning ordinance as revised per
CBPA requirements.

Division of Environmental Affairs (EA)

1. Verify project location in CBPA overlay zone.

2. Determine if -project requires exception or waiver to CBPA requirements.
Provide technical input to exception/waiver application review by I.R.

3. Detern-iine if project requires buffer modification and/or Water Quality
Impact Assessment.

Administrative Flow Charts:
Sheet 7. (continued)

A Review site plan for adherence to buffer area requirements.

5. Ensure that necessary wetlands permits have been issued.

6. Coordinate (through periodic site plan review committee meeting) CBPA
program element reviews of other depts./divisions and provide CBPA
program sign-off to LR as part of site plan, subdivision, and rezoning
reviews.

Department of Public Works

1. Review site plan and subdivision requests for adherence to stormwater
management requirements. .

2. Review site plans for adherence to E&S requirements.

3. Enforce stormwater requirements (construction specifications and
maintenance requirements) and US requirements.

4. Provide technical input to EA in review of exceptions/waivers.

Department of Parks and Recreation

1. Review site plans for adherence to landscape requirements.

2. Coordinate buffer maintenance process under Tree Ordinance as revised
per CBPA requirements.

Department of Public Health

1. Review site plans for adherence to on-site septic system requirements.

2. Coordinate on-site septic system pump-out requirements under City
ordinance as revised per CBPA requirements.

INITIAL PLAN REVIEW CHECKLIST DIVISION OF ENVIRONMENTAL AFFAIRS

Address

Type of'Construction

Applicant

Date Plans Received (from log book)

checked by date

CBPA MAP VERIFICATION ------------------------------------------

Topo Sheet# House Plat#

In CBPA (RPA, RMA, IDA any comments)

Not in CBPA (comments)

checked by date

SITE INSPECTION/VERIFICATION -----------------------------------

Met With Date

Buffer Area Notes (in 501 or 1001 buffer area, etc.)

BMP Notes

E&S Notes

Fill Notes

Tree Permit Notes

checked by date

FOLLOW UP ------------------------------------------------------

Return to Bldg. Official Not in CBPA

Submitted for Site Plan Review other

Department of City Planning and Codes Administration
City of Norfolk

Application for Building Activities Not 'Requiring Site Plan Review within
the Chesapeake Bay Preservation Area

Date: Project Location:

Legal Description of Property-

Adjacent Waterway:

Owner

Address

Home Telephone Number Work Phone Number

Contractor/Agent

Address

Home Telephone Number Work Phone Number

Proposed project (Describe fully all work to be performed on the si te. If additional space is needed
please attach sheets to this application):

Application for Building Activities Not Requiring Site Plan Review within
the Chesapeake Bay Preservation Area

TYPE OF APPUCAITON: Waiver for Addition to Non-Conforming Structure
Exemption for Public Road/Railroad/Utility
Exemption for Water Well/Passive Recreational Facility
Accessory Structure
Addition to Conforming Structure
Shoreline Stabilization Structure

Note: These applications are for projects with less than 2,500 square feet of land disturbance. Projects
with greater disturbance may be required to go through the site plan review process.

APPROVAIS:

1. Stormwater Performance Standards
Review Required Date:
No Review Required (See Comments)
Standards Satisfied (Public Works Review Form Attached)
Not Applicable (See Comments)

Comments:

2. FBI Permit Requirements
Review Required Date:
No Review Required (See Comments)
Requirements Satisfied (Public Works/Envir. Affairs Review Form Attached)
Not Applicable (See Comments)

Comments:

3. Erosion and Sediment Control Requirements
Review Required Date:
No Review Required (See Comments)
Requirements Satisfied (Review Form Attached)
Not Applicable (See Comments)

Comments:

4. Tree Permit Requirements
Review Required Date:
No Review Required (See Comments)
Requirements Satisfied (Parks and Recreation Review Form Attached)
Not Applicable (See Comments)

Comments:

The proposed project and approvals by appropriate City departments have been reviewed and found to
be consistent with the purposes and intent of the City's Chesapeake Bay Preservation Areas Program.

Environmental Affairs Date

Comments.

Approval: Granted Denied Date

Zoning Administrator

Building Permit Application Returned for Zoning Review: Date

Site Plan Review Checklist - Divipion of Environmental Affairs

October 30, 1990

1. Environmental Features as part of Environmental Site
Assessment (Where applicable - contact Keith Cannady,
Division of Environmental Affairs (441-2152) to
determine which features need to be shown on specific
site plans.)

a. Tidal Wetlands;

b. Tidal Shores;

C. Nontidal wetlands connected by surface flow
and contiguous to tidal wetlands or tributary
streams;

d. A 100-foot and 50-foot buffer area (setback)
from the features listed above; '

e. The, RMA (Resource Management Area) and IDA
(Intensely Developed Area);

f. Coastal-primary sand dune.

(Note: Wetlands delineation shall be performed
consistent with the procedures specified in the Federal
Manual for Identifying and Delineating Jurisdictional
Wetlands. Wetlands line shall be labeled "Limit of
CBPA Wetlands." Turning points in the delineation line
sha 11 be referenced to existing landmarks on the site
to allow field verification by the division of
environmental affairs. Environmental features shall be
drawn at the same scale as the site plan and certified
as complete by a professional engineer, certified land
surveyor or a certified landscape architect.)

2. Information to determine if applicant needs to prepare
Water Quality ImpactAssessment (WQIA):

a. Total square footage of land disturbance
(construction footprint).

4C 3E 11P W4D IF IPC:)1P_9P _c3MC)0V_Jr_PIE-1

1. Chesapeake Bay Preservation ordinance Decision Tree

2. Plan of Development Process Checklist

3. Application for Exception

4. Application for Non-Conforming Use and Development Waiver

5. BMP Guidance Calculation Procedure

- New Development
- Redevelopment
- Buffer Encroachment
- Waiver for Non-Conforming use

Staff Contact: Martha Little
Chesapeake Bay Planner
Planning Department
P.O. Box 820
Portsmouth, VA 23705
393-8836
393-5230 (FAX)

Chesapeake Bay Preservation Ordinance Decision Tre
(Chapter 9, Code of City of Portsmouth)
Is development in CBPA? yes
no 7!@- ----I
Exemption onconform Ing u's
Development In RMA, RPA, IDA,? 1 .1 and development Waiver
I Utilities;
More than 2600 sq.1t. Ra, froads; Conditions:
land disturbance? Public Roads
Silvicultural Act. 1) no increase In
In RPA: nonpoint source
no Yet so Water Wells; pollution;
Passive Recreation; 2) Any development or
RPA feature Historic Pros. land disturbance over
encroachment? Plan Dev. Process Req'd Archool. Activites 2SOO sq ft. must
comply ;lF Ith erosion
1) Silo Plan; and sediment control
2) Envir. Silo Asses.; requirements.
1 0 yes 3) Stormwater MUmI. Plan;
4) Erosion Control Plan;
5) Landscape Plan;
Water dependent 6) Water Qual. Asses.
use or redev.?

No yes Disturb over 5k sq.1t.?
Buffer encroachment? zl@
no yes
..................
14*idil:- itb:::::-
PppIFopp .......... i pic:.
In
no yen @::a a 4. pe ra td s .... . ..
.. . . ..... . in f::::WQ1S.:: 6jjf,:A:-::

no yes
Loss of buildable lot
recorded before Oct.l. 1989

no yes .9.

Water dep. use Adjust buffer to no less Footnote&
or redev .? than 60 ft.?
'if at least 26% of lot. parcel or dev. project 1168
zj@ yes '0 8 I'Ahl.lht, I" I I Irr P 1.1 act he I I rh P I I -I I h I he
u ". . .

........... 0 ye 2 A.da,alopmant within IDA', may be OXOMPI frOM
.... .... ..
I ov wd *:W 1 1 h *.ft- 1.0.11
............
.............
. . ........ Pit. Vj1d.W1:...:8MP:1G.
.. ....... .... .......
...... ...... ........... f dev. In RPA and atnoruT?Jhs,8,upon mor, 8
Ole
then 5 t f 00 n except 1.
....... to required.
n
Q@k (*D
Portsmouth Planning Dept,

HRPDC
ROUTING

THE CITY OF PORTSMOUTH'S

PLAN OF DEVELOPMENT PROCESS CHECKLIST

CHESAPEAKE BAY PRESERVATION AREA ORDINANCE

The following information is required by the Plan of
Development Process:

1. SITE PLAN or SUBDIVISION PLAT

A site plan in accordance with the provisions of
the Zoning Ordinance; or a subdivision plat in
accordance with the provisions of Chapter 33

2. ENVIRONMENTAL SITE ASSESSMENT

Tidal Wetlands (Wetlands delineations shall be
performed consistent with the procedures specified
in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands)
Tidal shores
Nontidal Contiguous Wetlands
100' Buffer
other sensitive environmental features

3. LANDSCAPE PLAN (Landscape plans shall be prepared and certified
by design professionals.)

Existing and Proposed Vegetation-- location, size
and description
Trees to be removed in buffer--access, shoreline
stabilization, BMP's, etc.
Grade changes which affect trees/vegetation
(existing and proposed grades)
Proposed plantings to mitigate for that removed
Vegetation maintenance proposals

4. STORMWATER MANAGEMENT PLAN

Procedures for implementing non-structural
stormwater control practices
Pre- and Post-development pollutant loadings in
stormwater runoff
Engineering calculations will follow Portsmouth's
standards
Location of proposed stormwater control devices

Certification of structural soundness of facilities

Maintenance agreement for long term schedule for
inspection and maintenance
o@

5. EROSION AND SEDIMENT CONTROL PLAN

Limitations of areas of disturbance
Delineation of protected areas
Construction staging areas
Tree and vegetation protection
Septic system primary and reserve drainfields

6. WATER QUALITY IMPACT ASSESSMENT--for any proposed development
within an RPA, including any buffer area modification or
reduction and any development in a RMA as deeemed necessary by
the City Engineer. There are two levels of water quality
impact assessments: minor assessment and major assessment.

(1) Minor Water Quality Impact Assessment--for development
within an RPA which causes no more than 5,000 sf. of land
disturbance
Must prove that remaining buffer area and BMPIS
will result in removal of no less than 75% of
sediments and 40% of nutrients from post-
development stormwater runoff

(2) Major Water Quality Impact Assessment--for development
exceeding 5,000 sf. land disturbance within RPA or
development located in RMA and deemed necessary by City
Engineer

Description of existing topography, soils,
hydrology and geology of site and adjacent land

Impact of proposed development on above elements

Indication of disturbance of wetlands and
justification for such action

Indication of disruption to existing supply of
water to wetland, streams, lakes, rivers and other
water bodies,including hydrological circulation@
patterns

Source location and description of fill material,
dredge material and dumping areas for such
materials

Location of and impacts of shellfish beds,
submerged aquatic vegetation, and fish spawning
areas

Proposed mitigation measures for the potential
hydrogeological impacts

Landscape element that describes the potential
measures for mitigation of water quality and land
impacts within CBPA's

APPLICATION FOR EXCEPTION
CHESAPEAKE BAY ORDINANCE
As Provided by Section 9.1-14
Po--tsmouth City Code

1. NAME OF APPLICANT: PHONE:
ADDRESS OF APPLICANT:

2. NAME OF PROPERTY OWNER: PHONE:
ADDRESS OF PROPERTY OWNER:

3. LOCATION OF PROPERTY:

4, LEGAL DESCRIPTION: TAX MAP: PARCEL:
SIZE:

5. PROPOSED USE OF PROPERTY:

6. EXPLAIN REQUEST:

7. IDENTIFY THE IMPACTS OF THE PROPOSED EXCEPTION ON WATER
QUALITY AND ON LAND IN RESOURCE PROTECTION AREA: Water
Quality Impact Assessment must comply with provisions of
Section 9.1-11(F) of the Portsmouth City Code. (attached)

8. ATTACH A SURVEY OR PLAT PLAN SHOWING THE DIMENSIONS OF THE
PROPERTY TO SCALE, CONTOUR ELEVATION, LOCATION OF EXISTING
AND PROPOSED BUILDINGS, BOUNDARY OF RESOURCE PROTECTION AREA.

9. APPLICATION FEE: $100.00 (attach)

10.
SIGNATURE OF APPLICANT

-------------- ---
Administrative-Use -------------------------------------------

Application Accepted by:
Fee Paid:
Sign Posted:
Advertised:
Planning Commission Action: Approved - Denied Date:
Conditions:

APPLICATION FOR NONCONFORMING USE
AND DEVELOPMENT WAIVER
As Provided by Section 9.1-12,
Portsmouth City Code

1. NAME OF APPLICANT: PHONE:
ADDRESS OF APPLICANT:

2. NAME OF PROPERTY OWNER: PHONE:
ADDRESS OF PROPERTY OWNER:

3. ADDRESS AND LEGAL DESCRIPTION OF PROPERTY:

4. PROPOSED USE OF PROPERTY:

5. ATTACH A SURVEY OR PLAT PLAN SHOWING THE DIMENSIONS OF THE
PROPERTY, TO SCALE, LOCATION OF EXISTING BUILDINGS OR
STRUCTURES AND PROPOSED ADDITIONS, AND BOUNDARY OF RESOURCE
PROTECTION AREA.

Applicant Date

PLANNING CLEARANCE
Planner Date
CERTIFICATION BY THE CITY ENGINEER

THE CITY ENGINEER CERTIFIES THAT:

a. There will be no increase in nonpoint source pollution
load from the proposed remodeling and alteration or
addition to the nonconforming structure(s).

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

CONDITIONS:

City Engineer Date
APPROVAL: Zoning Administrator or Designee Date

*This nonconforming-use and development waiver is void one year
from date of issuance if no substantial work has commenced.

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1 Roles and Responsibilities of the Chesapeake Bay Preservation
Area Review Committee

2. Items Requiring Permits, Review and Variances

3. Pre-Submittal Meeting Checklist/Comments

4. Plan of Development Review Process

5. Water Quality Impact Assessment

6. Swimming Pool Development Guidelines

7. Declaration of Covenants for Storm and Surface Water Facility
and System Maintenance

Staff Contact: Clay Bernick
Director
Office of Environmental Management
city of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
427-4801
426-5667 (FAX)

ROLE & RESPONSIBI]LITIES OF THE
CHESAPEAKE BAY PRESERVATION AREA REVIEW COMMITTEE

Appendix F, Section 113 - line 955 - Review Committee Membership

Department Representative Alternate

Agriculture Louis Cullipher Bart Tuthill
Health Frank (Skip) Scanlon Milt Johnston
Development Services Charlie Hassen Mark Ricketts
Permits & Inspections Bob Loher Pat Janezeck, Fai Smith
Planning Bob Scott Karen Lasley
Public Works Richard Elliott Wayne Couch
Environmental Mgt. Clay Bemick Mary Morris
Landscape Services Roger Huff Kathleen Zeren
Public Utilities Clarence Wamstaff Gary Jones

initial, temporary chairperson
** initial, temporary vice-chair - committee to elect

A representative of the City Attorney's Office and appropriate plan review. staff would
also regularly attend meeting.

2. Role of Committee

Appendix F, Section 107 - line 255 - Mapping and Boundaries

line 262 - Committee approves and modifies CBPA boundaries
line 264 - Committee may perform site inspection's

Appendix F, Section 108 - line 270 - Performance Criteria

line 363 - Committee may waive 10% reduction stormwater standard for IDAs and
redevelopment sites that originally used BMPs subject to certain provisions.
line 374 - One provision is that the Committee can require a structural review of existing
BMPs along with a maintenance plan and/or agreement
line 441 - The Committee can reduce the buffer width to 50' with use of equivalent
BMPs after consideration of a Water Quality Impact Assessments, (WQIA).
line 476 - The Committee can reduce the buffer width to 50, for lots recorder prior to
October 1, 1989 if the lot cannot otherwise accommodate a buildable area,
subject to certain provisions.

Appendix F, Section 109 - line 531 - Water Quality Impact Assessment

line 546 - The Committee may require a WQIA for any development that may affect
water quality or have an impact on the RPA.

line 553 - The Committee may waive the requirements for certain elements of the WQIA.
line 631 - The WQIA will be reviewed by the Committee.

Appendix F, Section 110 - line 634 - Plan of Development Process

line 641 - Certain components of the plan of development can be waived by the
Committee.
line 736 - The Committee is empowered to make judgments on the replacement of trees
and other vegetation in areas to be preserved or encroached upon.

Appendix F, Section 112 - line 883 - Exemptions

line 946 - The Committee can grant exemptions for certain land uses (pools, water wells,
fences, etc.). Any area of disturbance greater than 2500 sq. ft. is still subject
to E & SC regulation.

Appendix F, Section 113 - line 955 - Review Committee

line 968 - The Committee is to adopt its own rules of procedure.

Section -114 - line 972 - Variances

line 982 - The Committee will review the request for a variance and the WQIA and
provide information to the Board on which to consider an application. It must
transmit information to Board 5 days before hearing.

Appendix F, Section 115 - line 1065 - Appeals

line 1067- Any decision made by the Committee may be appealed to the Board within
15 days. Committee members may be required to explain/defend decisions
before the Board, or in Circuit Court (if not resolved by the Board).

Appendix F, Section 119 - line 1117 - Enforcement

line 118 - The ordinance names the City Manager or his designee as the enforcement
officer. Since a designee is still to be named, there may or may not be a role
for the Committee.

CHESAPEAKE BAY PRESERVATION AREA ORDINANCE
The City of Virginia Beach
ITEMS REQUIRING PERMITS, REVIEW AND VARIANCES

1. Permits required:

Wetlands Swimming Pools
Waterfront Structures Building
Land Disturbance Health Department (Septic)
Erosion and Sediment Control

New Items:

Fences in RPAs Sheds in CBPAs
Access through RPAs Driveways and sidewalks in CBPAs

2. Plan of Development Review:

Any development requiring more than 2500 square feet of land disturbance within a
Chesapeake Bay Preservation Area (RPA or RMA).

Any encroachment into the RPA, inIcuding activities requesting exempt status, ie.,
swimming pools with BMPs.

3. Administrative Reductions/Waivers:

Reduction of RPA Buffer, a maximum of 50 feet, if the lot was recorded before October
11 1989.

Reduction of RPA Buffer, a maximum of 50 feet, with BMPS.

Waiver of elements required for review.

Health Department may waive secondary drainfield on lots recorded before October 1,
1989 lacking sufficient area to accommodate them.

4. Variances granted by Chesapeake Bay Preservation Area Board:

Encroachment into RPA Buffer.

5. Appeals:

Applicant may appeal decision at review level to the Chesapeake Bay Preservation Area
Board.

Applicant may appeal decision of the Board to the Circuit Court.

CHESAPEAKE BAY PRESERVATION AREA ORDINANCE
The City of Virginia Beach
PRE-SUBMrITAL MEETING CHECKLIST/COMNENTS

DATE:

1. GPIN: MAP GRID:

2. APPLICANT Name:
Address:

Phone:

3. CONSULTANT Information:
Name:
Address:
4. LOT INFORMATION Phone:
Conforming: Non-conforming:
Subdivision: Lot Number:
Street Address:
Lot Size: -3acres: + 3acres:
Lot Recordation Date: Pre-10/01/89: Post- 10/0 1 /89:
Map Book & Page: Deed Book & Page:
Served by City Sewer: Yes: No:
Served by City Water: Yes: No:
Septic System:

5. CHESAPEAKE BAY PRESERVATION AREA INFORMATION

Contains RPA Features:
Tidal Shore: Tidal Wetlands:
Tributary Streams: Contiguous Nontidal Wetlands-
Steep Slopes:
RMA Extent: 100': Lot:

6. ZONING AND/OR SUBDIVISION OVERLAY INFORMATION:

Current Zoning:
Setbacks:
Front: Side:
Rear: Side:
Height:
Lot Coveraoe:
Other:
Regional BMPs in place: Yes: No:
Management Agreement recorded:

CHESAPEAKE BAY PRESERVATION AREA ORDINANCE
The City of Virginia Beach
PRE-SUBMrITAL MEETING CHECKLIST/CONVUENTS

7. IMPROVEMENT PROPOSED -
Residential: Commercial:
New Construction: Redevelopment:
Addition/Expansion: sf
Detached Garage/Shed:
Deck:
Patio:
Swimming Pool:
Parkine/Pavine:
Septic i@ank a;d Drainfield:
Reserve Drainfield:
BMPs:
Fence:
Land Disturbance:
Waterfront Activity:

8. TOTAL SQUARE FOOTAGE OF LAND DISTURBANCE:
Total Square Footage of Impervious Surfaces:

9. DESCRIPTION OF ITEMS TO BE ADDRESSED IN SUBMITTAL/REVIEW:

RPA Feature EncroachmentfVariance:
RPA Buffer Encroachment/Variance:
Committee Buffer Reduction with BMPs: without BMPs:
Front Yard Setback Variance:
Trees/Buffer to be mitigated:
BMPs required:
Waiver of elements of submittal (see Q. 12):

10. OTHER PERMITS REQUIRED:

Wetlands:
Waterfront:
COE:
Health (Septic):
Land Disturbance:
Erosion and Sediment Control:

11. STORMWATER MANAGEMENT:

Site requires BMPs: Yes: No:
Regional Credit (see Q.6):
Buffer mitigation:
Buffer establishment:
Conclusion:

CHESAPEAKE BAY PRESERVATION AREA ORDINANCE
The City of Virginia Beach
PRE-SUBM[ITTAL MEETING CHECKLISUCONMIENTS

12. RECOMMENDATIONS/COMMENTS:
Other permits required first:

Group Preapplication Meeting: Date:
Planning:
Engineering:
Zoning:
Landscape Services:
Agriculture:
Waterfront:
Other:

Conflicts Identified (also see Q.9):
Zoning Variance
Wetlands Encroachment

Permit Process:
Bonding requirements:

Plan of Development Review:
Site Plan:
Environmental Features Survey,
Landscape Plan:
Stormwater Management Plan:
Erosion and Sediment Control Plan:
Water Quality Impact Assessment:

Other Comments:

Referral:

CHESAPEAKE BAY PRESERVATION AREA ORDINANCE
The City of Virginia Beach

PLAN OF DEVELOPMENT REVIEW PROCESS

A plan of development is required in Chesapeake Bay Preservation Areas for proposed
improvements or land disturbances in areas greater than 2,500 square feet and for all
encroachments into the RPA. Plans and reports will be prepared by a Licensed Surveyor (L.S.),
a Certified Landscape Architect (C.L.A.), Professional Engineer (P.E.) or other professional as
described in Section 109 of the Ordinance [Appendix F of the City Code], beginning at Line 618.

Plans for single family homes will be submitted at a common scale of either 1": 10', 1":20',
1":25' or 1":30'. Subdivision and commercial plans may also be submitted at 1":40'. All plan
sheets submitted will have minimum dimensions of 8.5" by 11" and maximum dimensions of 24"
by 36" and will be of a common size. Details and sections will be included on the plan sheet
where possible. Supporting calculations, descriptions or other required permits will be either 8.5"
by 11" or 8.5" by 14. Fifteen copies of each plan and report will be submitted to the
Development Services Center (DSC) with the appropriate fee.

As described in Section 110 of the Ordinance [beginning at line 634], plans and reports which
must be submitted for review include:

1. SITE PLAN or SUBDIVISION PLAN [642]

2. ENVIRONMENTAL FEATURES SURVEY [655]

. Tidal Shore
. Tidal Wetlands
. Contiguous Nontidal Wetlands
. Tributary Waters
. Top of Bank - highly erodible soils where slope changes from greater than 6% to less
than 6%
. 100 Foot Buffer

3. EROSION & SEDIMENT CONTROL PLAN [790]

Limitations of areas of disturbance
Delineation of protected areas
Construction staging areas
Tree and vegetation protection
Septic system, primary and secondary drainfields

Office of Environmental Management January 10, 1991

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4. LANDSCAPE PLAN [682]

� Existing Vegetation - location, identification and sizes
. Trees to be removed
� Grade changes that affect vegetation
� Proposed plantings to mitigate for that removed, for buffer encroachment or as
vegetative BMPs

5. STORMWATER MANAGEMENT PLAN [761]

Pre- and post-development pollutant loadings in stormwater runoff
Engineering calculations will follow the City's standards
Location of proposed storinwater control devices or BMPs
Certification of structural soundness of facilities
Maintenance agreement for long term inspection and maintenance consistent with the
Stormwater Ordinance [City Code Appendix A]

6. WATER QUALITY IMPACT ASSESSMENT [531]

Location of elements of Resource Protection Area
Description of proposed best management practices to mitigate encroachments into the
RPA
Proof of other permits
Landscape element delineating plant materials impacted and proposed mitigation
measures
Description of soils, hydrology, surface and groundwater, and drainage patterns
existing and the impact of proposed development on them

Items 2 (Environmental Features Survey) and 3 (Erosion and Sediment Control Plan) may be
combined on one plan, and items 4 (Landscape Plan) and 5 (Stormwater Management Plan) may
be combined. All elements must be shown and clearly delineated.

In some cases, submittal of certain elements of the above may be waived by the review
Committee upon request for waiver by the applicant.

Office ofEnvironmental Managernew January 10, 1991

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WATER QUALITY IMPACT ASSESSMENT

APPLICANT Name: GPIN:
Address:

Please refer to the referenced lines in Section 109 of the Chesapeake Bay Preservation Area
Ordinance for further explanation of the elements required for this submittal. Waiver of submittal
of elements of this assessment will be requested of the Committee in writing at the time of
application for review and submitted with this form.

1. Location of elements of the Resource Protection Area. [556]

Environmental Features Survey submitted.

2. Type and location of proposed best management practices to mitigate any encroachment
into the buffer area. [559]

Stormwater Management Plan submitted.

3. Landscape element. [587]

Landscape Plan submitted.

4. Other permits required. [582]

Permit s submitted.

-Permits not required.

5. Description of soils, hydrology, surface and groundwater and drainage patterns and the
impact the proposed development will have on them. [562]

Statement/Plan submitted.

This section will include a narrative discussing how the proposed development and
mitigation measures have been located on the site to be "least disruptive to the natural
functions of the Resource Protection Area..." and "to avoid, minimize or mitigate the
impacts of development for water quality protection." [53 1]

Signature Date

Office ofEnvironmental Management January 10, 1991

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CHESAPEAKEBA Y PRESERVA 77OX
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SWIMMING POOL DEVELOPMENT GUIDELINES

Swimming pools employing Best Management Practices (BMPs) are considered exempt from the
restrictions of the Resource Protection Area, provided that it is demonstrated to the satisfaction
of the Chesapeake Bay Preservation Area Review Committee [see Section 112 Line 946] that:

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

Any land disturbance exceeding an area of 2,500 square feet shall comply with all
requirements of Article 3 of Chapter 30 of the Code of the City of Virginia Beach
[Sections 30-56 through 30-78 - Erosion and Sediment Control and Tree
Protection].

The pool structure itself and the immediate deck areas are considered to be exempt and shall be
allowed, with the inclusion of BMPs in their design, to be located within the RPA. Accessory
structures including the pump house, cabanas, etc. are not exempt and shall be located outside
the RPA.

The backwash system for the pool shall be connected to City sanitary sewers. If the lot is served
by a septic system, a dry well for the backwash will provided and located sufficiently away from
the septic drainfield. Discharge of backwash into state waters or the city storm drain system is
prohibited.

Offi- of Enwronmental managentem January 10, 1991

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DECLARATION OF COVENANTS
For Storm and Surface Water Facility
And System Maintenance

THIS DECLARATION OF COVENANTS made this day of
Y 19 _,by
hereinafter referred to as the "Covenantor" to and for the benefit of the City of Virginia
Beach, Virginia and its successors and assigns, hereinafter referred to as the "City".

WITNESSETH:

WHEREAS, the City is authorized and required to regulate an d control the disposition
of storm and surface waters within the Stormwater Management District of the City of Virginia
Beach as set forth in the City of Virginia Beach Chesapeake Bay Preservation Act effective
January 1, 1991.

WHEREAS, the Covenantor is the owner of a certain tract or parcel of land more
particularly described as:

WHEREAS, the Covenantor and/or its assigns desire to construct certain improvements
on its property which will alter extant storm and surface water conditions on both the property
and adjacent lands; and

WHEREAS, in order to accommodate and regulate these anticipated changes in existing
storm and surface water flow conditions, the Covenantor and/or its assigns desire to build and
maintain at its expense, a storm and surface water management facility and system more
particularly described and shown on plans titled and dated
19 ; and

WHEREAS the City has reviewed and approved these plans subject to the execution of
this agreement.

NOW THEREFORE, in consideration of the benefits received by the Covenantor and/or
its assigns as a result of the City's approval of his plans, Covenantor and/or its assigns, with full
authority to execute deeds, deeds of trust, other covenants, and all rights, title and interest in the
property described above does hereby covenant with the City as follows:

Office of Environmental Management January 10, 1991

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1. Covenantor and/or its assigns shall construct and perpetually maintain, at its sole
expense, the above referenced storm and surface management facility and system in strict
accordance with the plan approval granted by the City.

2. Covenantor and/or its assigns shall, at its sole expense, make such changes or
modifications to the storm drainage facility and system as may, in the City's discretion, be
determined necessary to insure that the facility and system is properly maintained and continues
to operate as designed and approved.

3. The City, its agents, employees and contractors shall have the perpetual right of
ingress and egress over the property of the Covenantor and/or its assigns and the right to inspect
at reasonable times and in reasonable manner, the storm and surface water facility and system
in order to insure that the system is being properly maintained and is continuing to perform in
an adequate manner.

4. The Covenantor and/or its assigns agree that should it fail to correct any defects
in the above described facility and system within ten (10) days from the issuance of written
notice, or shall fail to maintain the facility in accordance with the approved design standards and
with the law and applicable executive regulation or, in the event of an emergency as determined
by the City in its sole discretion, the City is authorized to enter the property to make all repairs,
and to perform all maintenance, construction and reconstruction the City deems necessary. The
City shall then assess the Covenantor and/or its assigns and/or all landowners served by the
facility and may be placed on the property tax bills of said properties and collected as ordinary
taxes by the City.

5. Covenantor and/or its assigns shall indemnify, save harmless and defend the City
from and against any and all claims, demands, suits, liabilities, losses, damages and payments
including attorney fees claimed or made by persons not parties to the Declaration against the City
that are alleged or proven to result or arise from the Covenantor and/or its assigns construction,
operation, or maintenance of the storm and surface water facility and system that is the subject
of this Covenant.

6. The covenants contained herein shall run with the land and the Covenantor and/or
its assigns further agree that whenever the property shall be held, sold and conveyed, it shall be
subject to the covenants, stipulations, agreements and provisions of this Declaration, which shall
apply to, bind and be obligatory upon the Covenantor hereto, its heirs, successors and assigns
and shall bind all present and subsequent owners of the property served by the facility.

7. The Covenantor and/or its assigns shall promptly notify the City when the
Covenantor and/or its assigns legally transfer any of the Covenantor and/or its assigns
responsibilities for the facility. The Covenantor and/or its assigns shall supply the
City of Virginia Beach, Municipal Center,
Virginia Beach, Virginia 23456 with a copy of any document of transfer, executed by both
parties and a copy of this document acknowledged by both parties.

Office of Enidronmental Management January 10, 1991

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8. The provisions of this Declaration shall be severable and, if any phrase, clause,
sentence of provision is declared unconstitutional, or the applicability thereof to the Covenantor
and/or its assigns is held invalid, the remainder of this Covenant shall not be affected thereby.

9. The Declaration shall be recorded at the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia at the Covenantor and/or its assigns's expense.

10. In the event that the City shall determine at its sole discretion at any future time
that the facility is no longer required, then the City shall at the request of the Covenantor and/or
its assigns execute a release of this Declaration of Covenants which the Covenantor and/or its
assigns shall record at its expense.

IN WITNESS WHEREOF, the Covenantor has executed this Declaration of Covenants
as of the day of 19--

By:

SEEN AND AGREED:

PURCHASER PURCHASER

STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:

The foregoing instrument was acknowledged before me this day of
19
My Commission Expires: NOTARY PUBLIC

STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
19 The foregoing instrument was acknowledged before me this day of
by and

NOTARY PUBLIC
My Commission Expires:

Office of EnWronmental Management January 10, 1991

1. Development Waiver Application

2. Zoning/Subdivision Appeals Application

3. Single-Family Development,Checklist

4. General Document Requirements When Applying for Building
Permits

Staff Contact: Cindy Taylor
Planner II
Department of Community Development
York County
Post Office Box 532
Yorktown, VA 23609
1-898-0085
1-898-0253 (FAX)

NONCOMYLYING USE
and
DEVELOPN= WAIVER APPLICATION
Pursuant to �24-158(e)(a), York County Code

Date:

Application No.:

Applicant:

Address:

Phone Number:

2. Property Owner (if different from applicant)

Address:

Phone Number:

3. Property Address:
Legal Description (or attached copy of plat)

Parcel Identification Number:

4. Application pursuant to Section 24-158(e)(a), Resource Management/Protection Overlay
District to allow a waiver from the Chespaeake Bay Perservation Area standards in order
to permit the remodeling or alteration of, or addition to, a building or structure which
lawfully existed on September 20, 1990.

Requested Waiver (cite specific sections to be waived):

5. Proposed Use and Development:

6. Impact on nonpoint source pollution load [see & 24-158e(9)(a)(1)]:

7. Sketch (please attach) to show:

Area of land disturbance
Dimensions of lot or parcel
Location of buildings(s)
Proposed additions relative to lot lines
Location of water wells
Location of on-site sewage disposal system
Boundary of the Resource Protection Area

8. Property owner(s) signature(s)

Waiver Approved as requested
Waiver Approved with following conditions:

. . . . . . . . . . . . . . . .. .

Waiver Denied

Date: Signature:

Zoning Administrator

- z - \adminZ\noncompy.frm

-�Lia j
j

YORK COUNTY BOARD OF ZONING/SUBDIVISION APPEALS
APPLICATION TO APPEAR

1. Name of Applicant:
Address:
Ph ofie Number

2. Name of property owner if different from applicant:

Owner:
Address:
Phone Number:

3. Propertyls:

Address:
Location:
Tax Number:

4. A check for $100.00, payable to "Arlene D. Pollard, Treasurer,
York County", is attached to this application as my/our filing
fee. Yes No, explain:

5. I/We have had a pre-application conference with the Secretary
of the Board (898-0080) to confirm the type of application.
Yes No, explain:

6. I/We have provided plats, plans or other documents such as the
Natural Resources Inventory needed for this application.
Yes No,. explain:

7. Describe the proposed project:

8. This is a: Variance Request Chesapeake Bay Exception
Request. Appeal of the Zoning Administrator's decision
dated

9. The following ordinance sections apply to this application:

Subdivision Ordinance, Section or
Zoning Ordinance, Section

10. What does the section in Item 8 above require?

11. If you are applying for a variance and/or exception, what part
of the section above do you want changed as it is applied to
yourproperty?

12. Please state why your variance or exception request should be
approved or why the Zoning Administrator's decision should be
overruled.

.13. If your application involves more than one Ordinance section,
include one continuation sheet (attached) for each additional
Ordinance section involved.

Number of continuation sheets attached:

I/We certify that the information above is as complete and as
accurate as I/we know it to be.

Applicant Date

Property Owner Date

Deliver to: Secretary
York County Board of Zoning/Subdivision Appeals
224 Ballard Street, P.O. Box 532
Yorktown, Virginia 23690

DEADLINE: The Board meets on the 3rd Monday of each month.
Applications must be received by Friday, f our (4) full
weeks before the meeting. If the applications are to be
mailed, they must be postmarked no later than Friday,
f our (4) weeks bef ore the meeting. If you are uncertain
abut a meeting date or deadline, please call the
Secretary of the Board. The Board reserves the right to
adjust the meeting schedule as necessary.

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BOARD OF ZONING/SUBDIVISION APPEALS
INSTRUCTIONS FOR FILLING OUT.AN APPEARANCE APPLICATION

Item 3. Please provide description of location if other than a
well-defined residential lot.

Item 4. The filing fee is MANDATORY.* NO ACTION WILL BE TAKEN ON
THE APPLICATION WITHOUT A FILING FEE.

Item 5. The Secretary of the Board will a@;sist applicants in
determining whether the application is a variance
request, exception request, or an appeal of the Zoning
Administrator's decision. The Secretary is unable to
assist applicants in detailed preparations.

Item 6. one picture is worth a thousand words. Plats, plans and
other illustrations of your situation.will be of great
help to the Board of Zoning/Subdivision Appeals in
hearing your case. For an exception within the
Chesapeake Bay Preservation Area, a Natural Resource
Inventory is required. The Inventory must include:

Plat of the property
Location of proposed structure
0 Resource Management Area Boundary (if applicable)
100-year f loodplain or 500 feet from the RPA, which-
ever is greater
0 Septic/drainfield and reserve drainfield (if
applicable)
0 Stormwater runoff pollutant loading index per
attached calculation sheet
0 Exception area being requested

Item 7. Provide all pertinent information regarding the nature
and scope of your project.

Item 8. If you don't know call the Board's Secretary - 898-0080.

Item 9. Identify the specific section in the Zoning or
Subdivision ordinance which is causing you to file this
application. Example: Zoning ordinance SaCtion 24-158,
or. Subdivision ordinance Section 4-18. If more than one
section is involved, use one continuation sheet for each
section.

Ite m 11. Do not fill out for an Appeal application. For a
variance or exception request, write down what you want
the Board to approve.

Variance example: Allow me to have a 30-foot front yard
setback instead of the 45-foot setback in the ordinance
section.

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Exception example: Allow me to have the 100-f oot RPA
buffer reduced to 50 feet.

Item 12. For a variance, explain how the physical characteristics
of your property prevent use of the property when
required to comply with the Ordinance section. If your
property has no unusual physical features, explain the
other circumstances which make your property useless when
required to comply with the Ordinance section.

For an exception, explain how* the request is the minimum
necessary to accommodate the proposed structure and is
consistent with the intent of the Resource Management/
Protection Overlay District.

For an appeal of a Zoning Administrator's decision,
explain why you think the Zoning, Administrator is
mistaken in believing that you are violating the Zoning
or subdivision Ordinance on your property, or why you
think the Zoning Administrator's decision is unreasonable
or arbitrary.

STORMWATER CALCULATION

Area (ACRES)

Impervious Area (Ij (acres)
Average land cover conditions (Iwatershed) = 16%

Isite = (total I./A) x 100

is = %
IW = 16 -19
if is < Iw, then no Best Management Practices are required.
if I s > IWI then applicant can 1) reduce amount of impervious
surface or 2 install BMPs

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BOARD OF ZONING/SUBDIVISION APPEALS
APPEARANCE APPLICATION
CONTINUATION SHEET

1. Name of applicant:
Address:
PhoneNumber:

2. The following ordinance sections apply to this application:

Subdivision Ordinance Section 4-- or
Zoning Ordinance Section 24-

3. What does the section in Item 2 above require?

4. If you are applying for a variance or exception, what part of
the exception above do you want changed as it is applied to
yourproperty?

5. Please state why your variance or exception request should be
approved or why the Zoning Administrator's decision should be
overruled.

Applicant Date

Property Owner Date

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CHECKLIST

S114GLE-FAMILY DEVEI;OPXENT
Chesapeake Bay Preservation'Area

1. Determine if property is located in a Resource Management
Area (RMA)/Resource Protection Area (RPA) - Zoning and Code
Enforcement Division responsible. Building Regulations
should inform the applicant that their property is within
the RMA/RPA.

2. Applicant needs to submit:

Plat of property (acres/square feet)

Amount of impervious surface i.e. all buildings,
impervious areas such as driveways/walkways, etc.

3. Plat of property must show:

100-year Floodplain elevation and location

Location of dwelling, accessory buildings, and
associated driveways

Septic tank/drainfield location
100% reserve drainfield location
(Both must be located outside the RPA)

RPA Boundary - measured 1001 from the landward edge
of the saltbush (tidal wetlands) and/or the
4-foot contour - nontidal wetlands)

RMA Boundary - located along the 100-year floodplain
boundary or measured 500 feet from the landward edge
of the RPA buffer, whichever is greater

4. All buildings and impervious surface areas are to be located
outside of the RPA.

Application can not be approved for structures located

in a. RPA. Check to see if the plan can be modified.
If that is not possible, check date on recorded plat.

Recorded prior to October 1, 1989

Yes No

If yes, send to Zoning Administrator for review
if encroachment is 50 feet or less

If no or if encroachment is greater than 50 feet,
send to Plan Review and Implementation for
explanation of' review process for an Exception

5. For land disturbance greater than 2500 square feet, an
Erosion and Sediment Control permit must be obtained. The
"Erosion and Sediment Control Plans for Single-Family
Residential Construction" must be filled out by applicant
and made a part of the Building permit file.

6. Building Regulations shall perform the stormwater
calculation as shown on the attached sheet.

If land cover calculation is less than or equal
to 16%, no stormwater management is required.

If land cover calculation is greater than 16%,
applicant can:

- reduce the amount of impervious surface

- provide Best Management Practices

(Plans for BMPs must be reviewed and approved
by Plan Review and Implementation prior to
the issuance of any permits).

7. Are any wetlands areas to be filled?

Yes- No

If yes, refer to Plan Review and Implementation for evaluation.
(All necessary wetlands permits must be obtained before
authorization to begin land disturbing activities can be granted)

8. Building permit information on parcels located in the
RMA/RPA shall be kept on file in the Building Regulations
Division at all times. Any subsequent development of the
parcel must go through the same review process. Lots served
,by septic tanks shall have building permit files color-coded

in such a manner as to denote the use of septic systems.
These files shall not be thrown away until such time as the
home is connected to public sewer and the septic system
properly abandoned.

STORMWATER CALCULATION

Area (acres)

Impervious Area (Ia) (acres)
Average land cover conditions (I watershed) = 16%

Isite =(total I,/A) x100 %

Is = %
IW =16%

If Is < Iw, then no Best Management Practices are required.
If Is > Iw, then applicant can 1) reduce amount of impervious
surface or 2) install BMPs

TECHNICAL INSTRUCTION 89-01 DATED 5/89, REVISED 9/20/90

COUNTY OF YORK
DEPARTMENT OF COMMUNITY DEVELOPMENT
DIVISION OF BUILDING REGULATION
898-0020

GENERAL DOCUMENT REQUIREM ENT S WHEN APPLYING FOR BUILDING PERMITS

NEW RESIDENCE

a. Two (2) sets of plans.

b. Plat of propertv showing dimensions, in feet, from
all property lines to the proposed construction.

C. Copy of septic system permit approval from the State Department. of Health,
or receipt of payment to Hampton Roads Sanitary District (H.R.S.D) and a
receipt for York Countv Sewer tap fee.

d. If York-Countv water used, pay water tap fee and provide receipt.

FOR PROPERTY THAT IS LOCATED WITHIN THE CHESAPEAKE: BAY PRESERVATION AREA
(RXA/RPA) DOCUMENTS REQUIRED ARE:

a. Plat of property (acres/square feet)

b. Size and location of any- impervious surface i.e. all buildings,.
driveways/walkways, etc.

C. 100-year flood plain elevation and location.

d. Copy of septic system permit showing locations of tank and drainfield plus
the 100% reserve draintield.

e. RPA or RMA boundaries shown:

RPA Bcundarv - measured 100' from the landward edge of the saltbush
tidal wetlands) and/or the 4-foot contour - nontidal wetlands)

RMA Boundarv - located along. the 100-year floodplain boundary or
measured 500 f eet from the landward edge of the RPA buffer,
whichever is greater.

f. For land disturbance greater than 2,500 square feet, a soil and erosion
(E and S) permit must be obtained.

SWIMMING POOLS:

Provide plot plan showing location of pool in relation to propertv- lines and
distances, in@f eet. Provide plans or installatioff instructions . A f ence, permit
w@ll be obtained in conjunction witfi pool permit with-or-before pool permit is
issued.

ADDITIONS, ALTERATIONS, REPLACEMENTS, GARAGES, SHEDS, ETC.

1. Two (2) sets of plans.

Plat of property showing dimensions in feet from all property lines to
proposed construction.

3. Copy of septic system permit approval for addition, or detached building.

FOR PROPERTY THAT IS LOCATED WITHIN THE CHESAPEAKE BAY PRESERVATION AREA
(RMA/RPA) DOCUMENTS REQUIRED ARE:

a. Plat of property (acres/square feet)

b. Size and location of any impervious surface i.e. all bu ildings,
driveways, walkways, etc.

C. 100-year flood -,)lan elevation and i-C-Ation.

d. Copy of septic system permit showing locations of tank and
drainfields plus the 100% reserve drainfield.

e. RPA or P24A boundaries shown:

RPA Boundarv - measured 100' from the landward edg e of the
saltbush (tidal wetlands) and/or the 4-toot contour - nontidal
wetlands

RMA Boundary - located along the 100-year floodplain boundary
or measured 500 f eet from the landward edge of the RPA
buffer, whichever is greater

f. For land disturbance greater than 2,500 square feet, a soil and
erosion (E and S) permit must be obtained.

FENCES:

1 Provide plot plan which shows the locatiofi of the-proposed fence on the
property.

indicate height of proposed fence, materials to be used and style (eg
pickets, cyclone, board, split rail, etc.).

NEW COMMERCIAL:

1. Three (3) sets of plans signed and sealed by an engineer or architect,
responsible for the design.

2. Four (4) sets of plans signed and sealed by an engineer or architect if
building contains a food preparation area.

3. Ipproved site plans from Community Development Department and all receipts
and documentation which fulfill the requirements applicable in site plan
approval letter.

4. Approved comments from the Fire Department from site plan review process.

5. Approved land disturbing permit.

6. Copy Of septic system permit from Health Department or receipt of payment
to H.R.S.D. and Sewer Tap.

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BUILDING.OFFICIAL

AMOVAL DATE

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1 1. Chesterfield County Agreement for Maintenance of Storm Water
I Drainage System and Best Management Practice Facility
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REV. 11/13/90

AGREEM ENT'FOR MAINTENANCE OF
STORM WATER DRAINAGE SYSTEM
AND BEST MANAGEMENT PRACTICE
FACILITY
. ....... .

THI S AGREEMENT
dated... -as:.. of. the. (day) of
(month*) 19_, by,. and... be twee n (owner)_, a
Virginia corporation (the Corporation).., and the COUN-Y, OF
CHESTERFIELD, VIRGINIA .political subdivision of the
Commonwealth of Virginia of Virginia (the County) recites and
provides as follows.

RECITALS

(owner) a Virginia Corporation, is the
owner of certain real estate shown as Tax Map No.
situated in District, Chesterfield County,
Virginia, known as (project-section) which is
to be developed as a (residential subdivision and/or
commercial site)
The (owner) owns a storm water drainage
svstem consisting of a BEST MANAGEMENT PRACTICE
(BMP)/DETF-NTION/RETF-NTION FACILITY as shown and described on the
plans entitled (project-section)
dated- r 19_, -or as shown on all subsequent revisions
therefore, made bv (engineering firm) a copy of
which plat is attached hereto as Exhibit A.
To comply with the rules and regulations of the County
pertaining to (project-section) , the (owner)
has agreed to maintain the BMP /DETENTION/ RETENTION facility
(herein referred to as the "FACILITY") in accordance with the
terms.and conditions hereinafter set fourth.

MAINTENANCE AGREEMENT

NOW, THEREFORE, for and 'in consideration of the mutual
covenants and undertaking of the.parties, the parties hereby

REV. 11/13/90

agree as follo%;s:

1 MAINTENANCE OF THE "FACILITY"

The (owner) agrees that it shall maintain
indefinitely the "FACILITY" in a manner which will permit the
"FACILITY" to perform the purposes for which it was designed and
constructed, and in accordance with the standards by which it was
designed and constructed, all as shown and described on the plat
attached herer-o as Exhibit A. Specifically, the
(owner) agrees that it shall:

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(i) remo-e silt and other debris from the "FACL.,1TY1' so as
to maintain the elevation of the bottom of the "FACILITY" as
shown on the approved plans.
(ii) plant -and mow grass or maintain a vegetative cover on
the slopes surrounding the "FACILITY" and
(iii) maintain in good order and repair the principal. and
emergency spillways which serve as the outflow devices, for the

"FACILITY".

2. FINAL INSPECTION REPORTS

The (owner) agrees that, upon completion of the
"FACILITY11 . that it will have'.@ the design engineer certify in
writing to the County within '30 days of that the
"FACILITY" is constructed in accordance with the approved plans
and specifications.

3. INSPECTION FOR PREVENTATIVE MAINTENANCE

The (owner) agrees to cause inspections to
be made cf. the .,"FACILITY" by a..Professional *Engineer- registered
in Virginia retained by the (owner) at its expense, and
approved by the County. The inspection shall occur during the
last 60 days of . the first year of operation and at least once
every 3 years thereafter.*

REV. 11/13/90

(b) The inspection reports sh all.be submitte d in writing to
the County within 30 days after each inspection; the reports
shall include the following:
(1) The data of inspection;
(2) Name of inspector;
(3) The condition of:..
(i). Vegetationt
Fences,
iii spillways,
(iv) Embankments,
(v) Reservoir area,
(vi) Inlet and outlet channels,-
(vii) Underground drainage structures,
(viii) Sediment load,
(xi) Gates and Valves or,
(x) Any other item that could affect the
proper function of the "FACILITY".
(4) Description of needed maintenance;
(c) The (owner) -Agrees to perform promptly 'all
needed maintenance reported by th e Inspector.

4., RIGHTS bF THE COUNTY IN THE EVENTS OF DEFAULT BY THE

(OWNER)

In the e'vent of any default or failure by the (owner)
in the performance of any of the covenants and warranties
pertaining to the maintenance of the "FACILITY", as provided
herein, and all costs thereof shall constitute'a lien upon the
properties owned by the (owner) Nothing herein shall
obligate the County to maintain the "FACILITY".

5. INDFIINIFI CATION OF COUNTY

The (owner) hereby agrees that it shall save,
hold harmless, and indemnify the County from and against all
liability, losses, claims, demands, costs and expenses arising

REV. 11/13/90

from, or out of , and default or- f ailure by the (owner)
to maintain the "FACILITY", in accordance with The terms and
conditions set forth herein or by act of The (owner)
arising from, or out of, the construction , operation, repair or
maintenance of the "FACILITY"

6. The parties hereto expressly do not intend by execution of h
this Agreement to create in the public or any member thereof, any
rights as a third party beneficiary or authorized anyone not a
party hereof to maintain a suit for any damages pusuant to the
terms of provision of this Aqreement.

7. The foregoing agreements shall be covenants which run with
the land and shall inure to the benefit of and shall be binding
upon the parties hereto, their respective successors and assigns,
and all subsequent owners of the property.

8. Upon execution of this Agreement. it shall be recorded in
the Clerk's Office of the Circuit Court of Chesterfield County,
Virginia, at the (owner) expense.

IN WITNESS WHEREOF, the Corporation has caused this
Agreement to be signed in its names by a duly authorized officer.

(owner)

By:
Title

COUNTY OF CHESTERFIELD, VIRGINIA

By:
Lane Ramsey
County Administrator

Approved as to form:

County Attorney

REV. 11/13/9o

STATE OF VIRGINIA
COUNTY OF CHESTERFIELD, to-wit:
I a Notary Public in and or the
County'and Stat'e aforesaid, do hereby certify that.
whose name as President of
is signed to the foregoing and -annexed writing bearing date on
/L
the dav of 19-,. has acknowledgc'd the sa-me
be�ore me in my jurisdiction aioresaid.
Given under my hand this day of i9
my commission expires:

Notary Public

STATE OF VIRGINIA
COUNTY/CITY OF CHESTERFIELD, to-wit:
I., . a notary Public in and for the
County and State aforesaid, do hereby certify that Lane Ramsey,
County Admin-Istrator, whose name is signed to the foregoing and
annexed writing bearing date on the day of
19 f has acknowledged, the same before me in my Jurisdiction
aforesaid.
Given under my hand this day of 19__
My commission expires:

Notary Public

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