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





          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

                                                                No




                                                          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



                                                                                      0

























                                            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


                                                              2










            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:


                                                                             2











                                          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:












                                                                            3










                    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
 









                                                                                                                                                .....................
                                                                              'KER                                   READRDINANCE
                 ...............
                  ..... .. ... ..      ............ .        ....CHESAPEA             AYPRESERVA770N.A
                                    ............ ........ ...... ........                                                                                                       . . .....
                              .................. ......... ..... ............
                              ... ..............                                 ........
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                    ..........                                          ........... ....                                         . .......... . .








                          4.           LANDSCAPE PLAN [682]

                                       ï¿½  Existing Vegetation - location, identification and sizes
                                       .  Trees to be removed
                                       ï¿½  Grade changes that affect vegetation
                                       ï¿½  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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                                                                                                                             ORDINANCE
                                                             @@@@CHESAPE4KE:-BA:Y:PRESERVA77ON:@@'.
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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








                                                                                            ........ ....
                                       CHESAPEAKEBA Y PRESERVA 77OX
                                   .......... ...........
            ..........
            .. .. .. .... .                                         . ......... ....... ......
        .............                    . ........
                                         . ........................






                              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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                                                                  I"ES.!A@EA''KE.::"'BA@[email protected]..:                     I X CEx
                                      . ................ ... -- .............                                                                     ....... --- .......
                                      .................................                                                                            ........
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                                           ............. ......                                                                     ......        .......................                 . ......
                                                                                                                                                                          ...... .......... ..
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                       .............
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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








                                                      "BAYPRESERV 770N
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                                                   KE              :.A
                                                    ............ .
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                            ......... ..
                                                       A. 0   @bf     MaBe4ch.....
                                                                                                     .. .. . . . . ................
                          ..........-.......




                        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









              ............  :::::X
                          .......................                                                                                                ................................. ................ ..
                          .... ................ xx:
                                                              :@:.%.,HESAPEAKE:BA:Y:PRESERVA@TZON.:AM DMINANCE:                                                     ..........  ......
                          .. .................... ...........                                                                                              ..........
              .......... ..                                                                                          ..............-........      ....... .. ...... .. .....
              .. ..........
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                                                                                                                                                                    -:   ..........
                                                                                                                                                                   .... ........  ......
                                          F X..




                                     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 ï¿½24-158(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













                                                -ï¿½Lia 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

                                           Applicant                          Date

                                           Property Owner                     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.












                                              -2-








                             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.


                                              -3-








                          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















                                                  -4-









                             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

                                            Applicant                         Date

                                            Property Owner                    Date

                                            Property Owner                    Date














                                              -5-




















                                   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.




                e
              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:

                                                                           ,r r
                  (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.*



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                                                                            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



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                                                                                                 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



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                                                                   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
          beï¿½ore 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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                                                                                                                       NOAA COASTAL SERVICES CTR UBRARY



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