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









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                                                        Appendix L6
                                                         (Final Product)












                                 ARTICLE XI



                      CHESAPEAKE BAY PRESERVATION AREA


                               OVERLAY DISTRICT





            "Support for this project was furnished in part by the
            Virginia Council on the Environment and Grant Number
            NA89AA-D-CZ134 from the Coastal Zone Management Program of
            the National Oceanic and Atmospheric Administration."









                                      :AN ORDINANCE NO. 90-27

                                 (AS AMENDED ON SEPTEMBER 12, 1990)


              ,To amend and reordain Chapter 24, Zoning       of the Colonial Heights
                     City Code, by adding therein a new       Article XI, Chesapeake
                     Bay Preservation Area Overlay District, providing for the
                     regulation of land development within preservation areas
                     delineated herein.



              @'THE CITY OF COLONIAL HEIGHTS   HEREBY  ORDAINS:


                     1.   That Chapter 24, Zoning      of the Colonial Heights City

              ,,@Code, be, and is hereby, amended and   reordained by adding therein

              :,a new Article XI,. Chesapeake Bay Preservation Area Overlay Dis-

              :iltrict as follows:
              j.





























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                    2.   That@technical amendments to Article xIr Chesapeake Bay
               Preservation Areas overlay District,
                                                         of Chapter 24, Igni
               adopted by Council at its regular meeting, September 12,       -1990,

              ;.be, and are incorporated herein, as follows:

                         A.    The Resource Management Areas (RMAS) are described

               in Article XI to include highly permeable soils.       The City has

              ,.;indicated that soils maps were not available for the entire City,
              ,-,therefore, highly permeable soils could not be considered in
              ,'designating Resource Management Areas. Those land features which
              iiwere excluded from the City's RMAs should also    be excluded from

              %,:the ordinance's RMA description.

                         B.    The section on vesting, which      exempted certain

               development from the ordinance goes beyond an      August 10, 1990,

               Attorney General opinion issued to the County Attorney for Prince

              -William County. It is recommended that the City's-interpretation
              !of the vesting issue be that which is recognized by law and those
              i1specifically included in the Chesapeake Bay Preservation Act.
                         C.    In   part   24-251.(g)(1)    average    land    cover
              ficondition" either may be calculated for  each watershe d in Coloni-

              ,:,al Heights (e.g. Old Town Creek, Swift  Creek, Appomattox River,

              @etc.), or the CBLAD provided default value of 0.45 lbs. phospho-

              :@rus/acre/year for all of Tidewater may    be used.   The staf f is

                             the CBLAD provided ratio method.

                         D.    Part   24-269.(a),   "Exemptions   for    Utilitiesr

              ':Railroads and Public Roads", needs a paragraph added at the
              Peginning.    This was an oversight by CBLAD in the model ordi-
              @lnance.  Clarification may be achieved with regards to the public.
              !1road exemption in cities by insertion of the language, "roads

              ;'built with public funds."








                                   ARTICLE XI. Chesapeake Bay Preservation Area
                                                    Overlay Distric

                                                  Division 1. Gener



                 Section 24-238. Title.


                      This Article shall be known and referenced as the "Chesapeake Bay Preservation
                 Area Overlay District" of the City of Colonial Heights.

                 Section 24-239. PuMose and Intent.

                      This Article is enacted to implement the requirements of Section 10.1 - 2100 et seq
                 of the Code of Virginia (The Chesapeake Bay Preservation Act) and supplements the
                 "City of Colonial Heights Zoning Ordinance." The intent of City Council and the
                 purpose of the Overlay District is to: (1) protect existing high quality state waters; (2)
                 restore all other state waters to a condition or quality that will permit all reasonable
                 public uses and will support the propagation and growth of all aquatic life, including
                 game fish, which might reasonably be expected to inhabit them; (3) safeguard the clean
                 waters of the Commonwealth from pollution; (4) prevent any increase in pollution; (5)
                 reduce existing pollution; and (6) promote water resource conservation in order to
                 provide for the health, safety, and welfare of the present and future citizens of the City of
                 Colonial Heights.

                 Section 24-240. Review and Mproval Procedures.

                      The Overlay District shall be in addition to and shall overlay all other zoning
                 districts where they are applied so that any parcel of land lying in the Chesapeake Bay
                 Preservation Area Overlay District shall also lie in one or more of the other zoning
                 districts provided for by the Zoning Ordinance. Unless otherwise stated in the Overlay
                 District, the review and approval procedures provided for in the Building Code, Zoning
                 Ordinance, Subdivision Ordinance and Soil Erosion and Sediment Control Ordinance
                 shall be followed in reviewing and approving development, redevelopment, and uses
                 governed by this Article.

                 Section 24-241. Authori


                      This Article is enacted under the authority of Section 10.1-2100 et seq (The
                 Chesapeake Bay Preservation Act) and Section 15.1-489, of the Code of Virginia.
                 Section 15.1-489 states that zoning ordinances may "also include reasonable provisions,
                 not inconsistent with applicable state water quality standards, to protect surface water
                 and groundwater as defined in Section 62.1-44.85 (8)."



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                 Section 24-242. Definition .


                      The following words and terms used in The Overlay District have the following
                 meanings, unless the context clearly indicates otherwise. Words and terms not defined in
                 this Article but defined in the Zoning Ordinance shall be given the meanings set forth
                 therein.


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

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

                      "Chesapeake Bay Preservation Area@' or "CBPX means any land designated by the
                 City Council pursuant to Part III of the Chesapeake Bay Preservation Area Designation
                 and Management Regulations, VR 173-02-01, and Section 10.1-2107 of the Code of
                 Virginia. A Chesapeake Bay Preservation Area shall consist of a Resource Protection
                 Area and a Resource Management Area.

                      "Development" means the construction, or substantial alteration, of residential,
                 commercial, industrial, institutional, recreation, transportation, or utility facilities or
                 structures.


                      "Flood plaiif'me 'ans all lands designated by the Federal Emergency Management
                 Agency (FEMA) that would be inundated by flood water as a result of a storm event of a
                 100-year return interval.

                      "Highly erodible soils" means soils (excluding vegetation) with an erodibility index
                 (EI) from sheet and rill erosion equal to or greater than eight (8). The erodibility index
                 for any soil is defined as the product of the formula RKLS/T as defined by the "Flood
                 Security Act (F.S.A.) Manual" of August, 1988, in the "Field Office Technical Guide" of
                 the U.S. Department of Agriculture Soil Conservation Service, where K is the soil
                 susceptibility to water erosion in the surface layer; R is the rainfall and runoff; LS is the
                 combined effects of slope length and steepness; and T is the soil loss tolerance.

                    I "Highly permeable soils" means soils with a given potential to transmit water
                 through the soil profile. Highly permeable soils are identified as any soil having a
                 permeability equal to or greater than six inches of water movement per hour in any part
                 of the soil profile to a depth of 72 inches (permeability groups "rapid" and "very rapid")




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                 as found in the "National Soils Handbook" of July, 1983, in the "Field Office Technical
                 Guide" of the U.S. Department of Agriculture Soil Conservation Service.

                      "Infill" means utilization of vacant land in previously developed areas.

                      "Impervious cover" means a surface composed of any material that significantly
                 impedes or prevents natural infiltration of water into the soil. Impervious surfaces
                 include, but are not limited to; roofs, buildings, streets, parking areas, and any concrete,
                 asphalt, or compacted gravel surface.

                      "Nonpoint source pollution!' means pollution consisting of constituents such as
                 sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff
                 from agriculture and urban land development and use.

                      "Nontidal wetlands" means those wetlands other than tidal wetlands that are
                 inundated or saturated by surface or ground water at a frequency and duration sufficient
                 to support, and that under normal circumstances do support, a prevalence of vegetation
                 typically adapted for life in saturated soil conditions, as defined by the U.S.
                 Environmental Protection Agency pursuant to Section 404 of the federal Clean Water
                 Act, in 33 C.F.R. 328.3b, dated November 13, 1986.

                      "Noxious weeds" means weeds that are difficult to control effectively, such as
                 Johnson Grass, Kudzu, and mulfilora rose.

                      "Plan of development" means any process for site plan review in local zoning and
                 land development regulations designed to ensure compliance with Section 10.1-2109 of
                 the Act and these regulations, prior to issuance of a building permit.

                      "Redevelopment" means the process of developing land that is or has been
                 previously developed.

                      "Resource Management Area" (RMA) means that component of the Chesapeake
                 Bay Preservation Area that is not classified as the Resource Protection Area.

                      *Resource Protection Area" (RPA) means that component of the Chesapeake Bay
                 Preservation Area comprised of lands at or near the shoreline that have an intrinsic
                 water quality value due to the ecological and biological processes they perform or are
                 sensitive to impacts which may result in significant gradation to the quality of state
                 waters.












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                      "Substantial alteration" means expansion or modification of a building or
                 development which would result in a disturbance of land exceeding an area of 2500
                 square feet in the Resource Management Area only.

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

                      "Tidal wetlands" means vegetated and nonvegetated wetlands as defined in Section
                 62.1-13.2 of the Code of Virginia.

                      "Tributary stream" means any perennial stream that is so depicted on the most
                 recent U.S. Geological Survey 7-1/2 minute topographic quadrangle map (scale
                 1:24,000).

                      "Use" means an activity on the land other than development, including, but not
                 limited to agriculture, horticulture and silviculture.

                      "Water-dependent facility" means a development of land that cannot exist outside of
                 the Resource Protection Area and must be located on the shoreline by reason of the
                 intrinsic nature of its operation. These facilities include, but are not limited to (i) ports;
                 (ii) the intake and outfall. structures of power plans, sewers; (iii) marinas and other boat
                 docking structures; (iv) beaches and other public water-oriented recreation areas, and
                 (v) fisheries or other marine resources facilities.

                      "Wetlands" means tidal and nontidal wetlands.


                 Section 24-243. Area of Applicabili

                      The Chesapeake Bay Preservation Area Overlay District shall apply to all lands
                 identified as CBPAs as designated by the City Council and as shown on the "Chesapeake
                 Bay Preservation Area Maps" dated July 1, 1990. The "Chesapeake Bay Preservation
                 Area Maps" dated July 1, 1990, together with all explanatory matter thereon, are hereby
                 adopted by reference and declared to be a part of this Article.

                      The Resource Protection Area includes:


                      a.   Tidal wetlands;

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

                      C.   Tidal shores;





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                      d.    A 100-foot vegetated buffer area located adjacent to and landward of the
                            components listed in subsections a. through c. above, and along both sides of
                            any tributary stream.

                      Tlie Resource Management Area is composed of concentrations of the following
                  land categories: floodplains; highly erodible soils, including steep slopes; highly
                  permeable soils; nontid'al wetlands not included in the RPA; other lands necessary to
                  protect the quality of state waters.

                      The "Chesapeake Bay Preservation Area Maps" dated July 1, 1990 show the general
                  location of CBPAs and should be consulted by persons contemplating activities within
                  the City of Colonial Heights prior to engaging in a regulated activity.

                      If the boundaries of a CBPA include a portion of a lot, parcel, or development
                  project, the entire lot, parcel, or development project shall comply with the requirements
                  of the Overlay District. The division of property shall not constitute an exemption from
                  this requirement.

                      The provisions of this ordinance shall not apply to any development in which any of
                  the following conditions apply:

                      a.    Site Plan or Subdivision Plan submitted prior to the enactment date of the
                            ordinance.


                      b.    Preliminary Subdivision Plat approved, or submitted ninety (90) days, prior to
                            the enactment date of the ordinance.

                      C.    Grading Plan submitted prior to the enactment date of the ordinance.

                      d.    The elements contained on a proferred plan developed during rezoning and
                            approved prior to the enactment date of the ordinance.

                      e.    The elements contained on a Special Exception Plan or Special Permit
                            approved prior to the enactment date of the ordinance.

                  Section 24-244. Use Regglation .

                      Permitted uses, special permit uses, accessory uses, and special requirements shall
                  be as established by the underlying zoning district, unless specifically modified by the
                  requirements set forth herein.

                  Section 24-245. Lot Siz

                      Lot size shall be subject to the requirements of the underlying zoning district(s),
                  provided that any lot shall have sufficient area outside the RPA to accommodate an

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                 intended development, in accordance with the performance standards in Division 3 when
                 such development is not otherwise allowed in the RPA.

                 Section 24-246. Required Conditions.

                      All development and redevelopment exceeding 2,500 square feet of land
                 disturbance shall be subject to a plan of development process, including the approval of a
                 site plan in accordance with the provisions of the Zoning Ordinance or a subdivision plat
                 in accordance with the Subdivision Ordinance.

                      Development in RPAs may be allowed only if it: (i) is water-dependent; or (ii)
                 constitutes redevelopment.

                      A water quality impact assessment shall be required for any proposed development
                 or redevelopment within RPAs and for any development within RMAs when required by
                 the Director of Planning and Community Development because of the unique
                 characteristics of the site or intensity of development, in accordance with the provisions
                 of Division 4 of this Article.


                 Section 24-247. Conflict With Other ReLyulation .


                      In any case where the requirements of this Article conflict with any other provision
                 of the City of Colonial Heights Code or existing state or federal regulations, whichever
                 imposes the more stringent restrictions shall apply.






















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                          Division 2. Interpretation of Resource Protection Area Boundaries


                 Section 24-248. Delineation by the A
                                                     1212lic

                     T'he site-specific boundaries of the Resource Protection Area shall ordinarily be
                 determined by the applicant through the performance of an environmental site
                 assessment, subject to approval by the Director of Planning and Community
                 Development and in accordance with Division 5 (Plan of Development) of this Article.
                 The "Chesapeake Bay Preservation Area Maps" dated July 1, 1990 shall be used as a
                 guide to the general location of Resource Protection Areas.

                 Section 24-249. Conflict Over Delineation.


                     Where the applicant has provided a site-specific delineation of the RPA, the
                 Director of Planning and Community Development will verify the accuracy of the
                 boundary delineation. In determining the site-specific RPA boundary, the Director of
                 Planning and Community Development may render adjustments to the applicant's
                 boundary delineation, in accordance with Division 5 (Plan of Development) of this
                 Article. In the event the adjusted boundary delineation is contested by the applicant, the
                 applicant may seek relief, in accordance with the provisions of Section 24-267
                 (Denial/Appeal of Plan).
























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                                          Division 3. Performance Standard



                 Section 24-250. Puipose and Intent.

                      The performance standards establish the means to minimize erosion and
                 sedimentation potential, reduce land application of nutrients and toxics, and maximize
                 rainwater infiltration. Natural ground cover, especially woody vegetation, is most
                 effective in holding soil in place and preventing site erosion. Indigenous vegetation, with
                 its adaptability to local conditions without the use of harmful fertilizers or pesticides,
                 filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration
                 and effectively reduces stormwater runoff potential.

                      The purpose and intent of these requirements-are also to implement the following
                 objectives: prevent a net increase in nonpoint source pollution from new development;
                 achieve a 10% reduction in nonpoint source pollution from redevelopment; and achieve
                 a 40% reduction in nonpoint source pollution from agricultural uses.

                 Section 24-251. General Performance Standards for Development and Redevelopmen

                 (a) Land disturbance shall be limited to the area necessary to provide for the desired
                      use or development.

                 (b)  Indigenous vegetation shall be preserved to the maximum extent possible consistent
                      with the use and development permitted and in accordance with the.Virginia
                      Erosi!Qn and Sediment Control Handbook.

                 (c)  Land development shall minimize impervious cover to promote infiltration of
                      stormwater into the ground consistent with the use or development permitted.

                 (d)  Notwithstanding any other provisions of this Article or exceptions or exemptions
                      thereto, any land disturbing activity exceeding 2,500 square feet, including
                      construction of all single-family houses, septic tanks and drainfields, shall comply
                      with the requirements of the Soil Erosion and Sediment Control Ordinance.

                 (e)  All on-site sewage disposal systems not requiring an VPDES permit shall be
                      pumped out at least once every five years, in accordance with the provisions of the
                      City of Colonial Heights Health Code.

                 (f)  A reserve sewage disposal site with a capacity at least equal to that of the primary
                      sewage disposal site shall be provided, in accordance with the City of Colonial
                      Heights Health Code. This requirement shall not apply to any lot or parcel




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                       recorded prior to October 1, 1989, if such lot or parcel is not sufficient in capacity to
                       accommodate a reserve sewage disposal site, as determined by the local Health
                       Department. Building or construction of any impervious surface shall be prohibited
                       on the area of all sewage disposal sites or on an on-site sewage treatment system
                       which operates under a permit issued by the State Water Control Board, until the
                       structure is served by public sewer.

                  (g)  For any development or redevelopment, stormwater runoff shall be controlled by
                       the use of best management practices that achieve the following:

                       (1)    For development, the post-development nonpoint source pollution runoff load
                              shall not exceed the pre-development load, based on the calculated average
                              land cover condition of the City of Colonial Heights.

                       (2)    For isolated redevelopment sites, the nonpoint source pollution load shall be
                              reduced by at least 10 percent. 'Me Director of Planning and Community
                              Development may waive or modify this requirement for redevelopment sites
                              that originally incorporated best management practices for stormwater runoff
                              quality control, provided the following provisions are satisfied:

                              a.    In no case may the post-development nonpoint source pollution runoff
                                    load exceed the pre-development load;

                              b.    Runoff pollution loads must have been calculated and the BMPs
                                    selected for the expressed purpose of controlling nonpoint source
                                    pollution;

                              C.    if best management practices are structural, evidence shall be provided
                                    that facilities are currently in good working order and performing at the
                                    design levels of service. The Director of Planning and Community
                                    Development may require a review of both the original structural design
                                    and maintenance plans to verify this provision. A new maintenance
                                    agreement may be required to ensure compliance with this Article.

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








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                  (h) Prior to initiating grading or other on-site activities on any portion of a lot or parcel,
                       all wetlands permits required by federal, state, and local laws and regulations shall
                       be obtained and evidence of such submitted to the Director of Planning and
                       Community Development in accordance with Division 5 of this Article.

                  (i)  Land upon which agricultural activities are being conducted shall have a soil and
                       water quality conservation plan. Such plan shall be based upon the Field Office
                       Technical Guide of the U.S. Department of Agriculture Soil Conservation Service
                       and accomplish water quality protection consistent with this ordinance. Such a plan
                       shall be approved by the local Soil and Water Conservation District by January 1,
                       1995.


                  Section 24-252. Buffer Area Requirements.

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


                       The buffer area shall be located adjacent to and landward of other RPA
                  components and along both sides of any tributary stream. The full buffer area shall be
                  designated as the landward component of the RPA, in accordance with Section 24-243
                  (Area of Applicability) and Division 5 (Plan of Development) of this Article.

                       The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of
                  sediments and a 40 percent reduction of nutrients. A combination of a buffer area not
                  less than 50 feet in width and appropriate best management practices located landward
                  of the buffer area which collectively achieve water quality protection, pollutant removal,
                  and water resource conservation at least the equivalent of the full 100-foot buffer area
                  may be employed in lieu of the 100-foot buffer if approved by the Director of Planning
                  and Community Development after consideration of the Water Quality Impact
                  Assessment, in accordance with Division 4 of this Article.

                       The buffer area shall be maintained to meet the following additional performance
                  standards:

                  (a) In order to maintain the functional value of the buffer area, indigenous vegetation
                       may be removed only to provide for reasonable sight lines, access paths, general
                       woodlot management, and best management practices, as follows:

                       (1)    Trees may be pruned or removed as necessary to provide for sight lines and
                             vistas, provided that where removed, they shall be replaced with other




                                                              -10-







                            vegetation that is equally effective in retarding runoff, preventing erosion, and
                            filtering nonpoint source pollution from runoff.

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

                      (3)   Dead, diseased, or dying trees or shrubbery may be removed at the discretion
                            of the landowner, and silvicultural thinning may be conducted based upon the
                            best available technical information.


                      (4)   For shoreline erosion control projects, trees and woody vegetation may be
                            removed, necessary control techniques employed, and appropriate vegetation
                            established to protect or stabilize the shoreline in accordance with the best
                            available technical advice and applicable permit conditions or requirements.

                 (b) When the application of the buffer areas would result in the loss of a buildable area
                      on a lot or parcel recorded prior to October 1, 1989, the Director of Planning and
                      Community Development may modify the width of the buffer area in accordance
                      with Division 5 (Plan of Development) and the following criteria:

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

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

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








                                   Division 4. Water Quali1y Impact Assessments


                Section 24-253. PuWose and Intent.

                     The purpose of the water quality impact assessment is to: (i) identify the impacts of
                proposed development on water quality and lands within RPAs and other
                environmentally-sensitive lands; (ii) ensure that, where development does take place
                within RPAs and other sensitive lands, it will be located on those portions of a site and in
                a manner that will be least disruptive to the natural funds of RPAs and other sensitive
                lands; (iii) to protect individuals from investing funds for improvements proposed for
                location on lands unsuited for such development because of high ground water, erosion,
                or vulnerability to flood and storm damage; and (iv) specify mitigation which will address
                water quality protection.

                Section 24-254. Water Quali1y Impact Assessment Required.

                     A water quality impact assessment is required for (i) any proposed development
                with an RPA, including any buffer area modification or reduction as provided for in
                Division 3, of this Article; (ii) any development in an RMA as deemed necessary by the
                Director of Planning and Community Development due to the unique characteristics of
                the site or intensity of the proposed development. There shall be two levels of water
                quality impact assessments: a minor assessment and a major assessment.

                Section 24-255. Minor Water Qualfty Impact Assessment.

                     A minor water quality impact assessment pertains Dal
                                                                     . _y to development with CBPAs
                which causes no more than 5,000 square feet of land disturbance and requires any
                modification or reduction of the landward 50 feet to the 100 foot buffer area. A minor
                assessment must demonstrate through acceptable calculations that the remaining buffer
                area and necessary best management practices will result in removal of no less than 75
                percent of sediments and 40 percent of nutrients from post-development stormwater
                runoff. A minor assessment shall include a site drawing to scale which show the
                following:

                     (a)  Location of the components of the RPA, including the 100-foot buffer area;

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

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


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                 Section 24-256. MaJor Water Quali1y IWact Assessment.

                      A major water quality impact assessment shall be required for any development
                 which (i) exceeds, 5,000 square feet of land disturbance within CBPAs and requires any
                 modification or reduction of the landward 50 feet of the 100-foot buffer area; (ii)
                 disturbs any portion of any other component of an RPA or disturbs any portion of the
                 buffer area within 50 feet of any other component of an RPA; or (iii) is located in an
                 RMA and is deemed necessary by the Director of Planning and Community
                 Development. The information required in this section shall be considered a minimum,
                 unless the Director of Planning and Community Development determines that some of
                 the elements are unnecessary due to the scope and nature of the proposed use and
                 development of land.

                      The following elements shall be included in the preparation and submission of a
                 major water quality assessment:

                      (a) All of the information required in a minor water quality impact assessment, as
                           specified in Section 24-255;

                      (b)  A hydrogeological element that:

                           (1)   Describes the existing topography, soils, hydrology and geology of the
                                 site and adjacent lands.

                           (2)   Describes the impacts of the proposed development on topography,
                                 soils, hydrology and geology on the site and adjacent lands.

                           (3)   Indicates the following:

                                 a.    Disturbance or destruction of wetlands and justification for such
                                       action;

                                 b.    Disruptions or reductions in the supply of water to wetlands,
                                       streams, lakes, rivers or other water bodies;

                                 C.    Disruptions to existing hydrology including wetland and stream
                                       circulation patterns;

                                 d.    Source location and description of proposed fill material;

                                 e.    Location of dredge material and location of dumping area for such
                                       material;

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

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                                  g.    Estimation of pre- and post-development pollutant loads in runoff;

                                  h.    Estimation of percent increase in impervious surface on site and
                                        type(s) of surfacing materials used;

                                  i.    Percent of site to be cleared for project;

                                  j.    Anticipated duration and phasing schedule of construction project;

                                  k.    Listing of all requisite permits from all applicable agencies
                                        necessary to develop project.

                            (4) Describes the proposed mitigation measures for the potential
                                  hydrogeological impacts. Potential mitigation measures include:

                                  a.    Proposed erosion and sediment control concepts; concepts may
                                        include minimizing the- extent of the cleared area, perimeter
                                        controls, reduction of runoff velocities, measures to stabilize
                                        disturbed areas, schedule and personnel for site inspections;

                                  b.    Proposed stormwater management system;

                                  C.    Creation of wetlands to replace those lost;

                                  d.    Minimizing cut and fill.

                      (c) A landscape element that:

                            (1)   Identifies and delineates the location of all significant plant material,
                                  including all trees on site six (6) inches or greater diameter at breast
                                  height. Where there are groups of trees, stands may be outlined.

                            (2)   Describes the impacts the development or use will have on the existing
                                  vegetation. Information should include:

                                  a.    General limits of clearing, based on all anticipated improvements,
                                        including buildings, drives, and utilities;

                                  b.    Clear delineation of all trees which will be removed;

                                  C.    Description of plant species to be disturbed or removed.






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                            (3)   Describes the potential measures for mitigation. Possible mitigation
                                  measures include:


                                  a.    Replanting schedule for trees and other significant vegetation
                                        removed for construction, including a list of possible plants and
                                        trees to be used;

                                  b.    Demonstration that the design of the plan will preserve to the
                                        greatest extent possible any significant trees and vegetation on the
                                        site and will provide maximum erosion control and overland flow
                                        benefits from such vegetation.

                                  C.    Demonstration that indigenous plants are to be used to the
                                        greatest extent possible.

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

                            (1)   Includes calculations and locations of anticipated drainfield or
                                  wastewater irrigation areas;

                            (2)   Provides justification for sewer line locations in environmentally-
                                  sensitive areas, where applicable, and describes construction techniques
                                  and standards;

                            (3)   Discusses any proposed on-site collection and treatment systems, their
                                  treatment levels, and impacts on receiving watercourses.

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

                      (e)   Identification of the existing characteristics and conditions of sensitive lands
                            included as components of Chesapeake Bay Preservation Areas, as defined in
                            this Article.

                      (f)   Identification of the natural processes and ecological relationships inherent in
                            the site, and an assessment of the impact of the proposed use and
                            development of land on these processes and relationships.

                 Section 24-257. Submission and Review Requirements.

                      (a)   Three (3) copies of all site drawings and other applicable information as
                            required by Sections 24-255 and 24-256 above shall be submitted to the
                            Director of Planning and Community Development for review.




                                                            -15-








                     (b)   All information required in this section shall be certified as complete and
                           accurate by a professional engineer or a certified land surveyor.

                     (c)   A minor water quality impact assessment shall be prepared and submitted to
                           and reviewed by the Director or Planning and Community Development in
                           conjunction with Division 5 (Plan of Development) of this Article.

                     (d)   A major water quality impact assessment shall be prepared and submitted to
                           and reviewed by the Director of Planning and Community Development in
                           conjunction with a request for rezoning, special use permit, or in conjunction
                           with Division 5 of this Article, as deemed necessary by the Director of
                           Planning and Community Development.

                     (e)   As part of any major water quality impact assessment submittal, the Director
                           of Planning and Community Development may require review by the
                           Chesapeake Bay Local Assistance Department (CBLAD). Upon receipt of a
                           major water quality impact assessment, the Director of Planning and
                           Community Development will determine if such review is warranted and may
                           request CBLAD to review the assessment and respond with written comments.
                           Any comments by CBLAD will be incorporated in the final review by the
                           Director of Planning and Community Development, provided that such
                           components are provided by CBLAD within 90 days of the request.

                Section 24-258. Evaluation Procedures.

                     (a)   Upon the completed review of a minor water quality impact assessment, the
                           Director of Planning and Community Development will determine if any
                           proposed modification or reduction to the buffer area is consistent with the
                           provisions of this Article and make a finding based upon the following criteria
                           in conjunction with Division 5.

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

                           (2)  Impervious surface is minimized;

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

                           (4)  Ile development, as proposed, meets the purpose and intent of this
                                Article;





                                                        -16-







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

                       (b)   Upon the completed review of a major water quality impact assessment, the
                             Director of Planning and Community Development will determine if the
                             proposed development is consistent with the purpose and intent of this Article
                             and make a finding based upon the following criteria in conjunction with
                             Division 5.


                             (1) Within any RPA, the proposed development is water-dependent;

                             (2)   The disturbance of wetlands will be minimized;

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

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

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

                             (6)   Proposed erosion and sediment control concepts are adequate to
                                   achieve the reductions in runoff and prevent off-site sedimentation;

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

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

                             (9)   The design and location of any proposed drainfield will be in accordance
                                   with the requirements of Division 3.

                             (10)  The development, as proposed, is consistent with the purpose and intent
                                   of the Overlay District;

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




                                                            -17-








                     (c)   The Director of Planning and Community Development shall require
                           additional mitigation where potential impacts have not been adequately
                           addressed. Evaluation of mitigation measures will be made by the Director of
                           Planning and Community Development based on the criteria listed above in
                           subsections (a) and (b).

                     (d)   The Director of Planning and Community Development shall find the
                           proposal to be inconsistent with the purpose and intent of this Article when
                           the impacts created by the proposal cannot be mitigated. Evaluation of the
                           impacts will be made by the Director of Planning and Community
                           Development based on the criteria listed in subsections (a) and (b).









































                                                         -18-








                                       Division 5. Plan of Development Process


                 Section 24-259. Applicabili1y.

                     Any development or redevelopment exceeding 2,500 square feet of land disturbance
                 shall be accomplished through a plan of development process prior to any clearing or
                 grading of the site or the issuance of any building permit, to assure compliance with all
                 applicable requirements of this Article.

                 Section 24-260. Required Information.

                     In addition to the requirements of Article 11, Chapter 20 of the City of Colonial
                 Heights Subdivision Ordinance, the plan of development process shall consist of the
                 plans and studies identified below. These required plans and studies may be coordinated
                 or combined, as deemed appropriate by the Director of Planning and Community
                 Development. The Director of Planning and Community Development may determine
                 that some of the following information is unnecessary due to the scope and nature of the
                 proposed development.

                     The following plans or studies shall be submitted, unless otherwise provided for:

                     (a) A site plan or a subdivision plat in accordance with the provisions of Article II,
                           Chapter 20 of the City of Colonial Heights Subdivision Ordinance;

                     (b)   An environmental site assessment;

                     (c)   A landscape plan;

                     (d)   A stormwater management plan;

                     (e)   An erosion and sediment control plan in accordance with the provisions of
                           Chapter 29, Soil Erosion and Sediment Control Ordinance.

                 Section 24-261. Environmental Site Assessmen .


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









                                                         -19-








                      (a) The environmental site assessment shall be drawn to scale and clearly
                            delineate the following envirorunental features:

                            (1)  Tidal wetlands;

                            (2)  Tidal shores;

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

                            (4)  A 100-foot buffer area located adjacent to and landward of the
                                 components listed in subsections a. through d. above, and along both
                                 sides of any tributary stream;

                            (5)  Other sensitive environment features as determined by the Director of
                                 Planning and Community Development.

                      (b)   Wetlands delineations shall be performed consistent with the procedures
                            specified in the Federal Manual for IdentiWng and Delineating Jurisdictional
                            Wetlands, 1989.

                      (c)   The environmental site assessment shall delineate the site-specific geographic
                            extent of the RPA_


                      (d)   The environmental site assessment shall be drawn a t the same scale as the
                            preliminary site plan or subdivision plat, and shall be certified as complete
                            land surveyor or a certified landscape architect. This requirement may be
                            waived by the Director of Planning and Community Development when the
                            proposed use or development would result in less than 5,000 square feet of
                            disturbed area.


                 Section 24-262. Landscape Plan.

                      A landscape plan shall be submitted in conjunction with site plan approval or as part
                 of subdivision plat approval. No clearing or grading of any lot or parcel shall be
                 permitted without an approved landscape plan.

                      Landscape plans shall be prepared and/or certified by design professionals
                 practicing within their areas of competence as prescribed by the Code of Virginia.

                      (a)   Contents of the Plan.

                            (1) The landscape plan shall be drawn to scale and clearly delineate the
                                 location, size, and description of existing and proposed plant material.
                                 All existing trees on the site six (6) inches or greater diameter at breast

                                                          -20-








                                   height (DBH) shall be shown on the landscape plan. Where there are
                                   groups of trees, stands may be outlined instead. The specific number of
                                   trees six (6) inches or greater DBH to be preserved outside of the
                                   construction footprint shall be indicated on the plan. Trees to be
                                   removed to create a desired construction footprint shall be clearly
                                   delineated on the landscape plan.

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

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

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

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

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

                      (b) Plant Specifications.

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

                             (2)   All supplementary or replacement plant materials shall be living and in
                                   a healthy condition. Plant materials shall conform to the standards of
                                   the most recent edition of the American Standard for Nursery Stoc
                                   published by the American Association of Nurserymen.








                                                            -21-








                           (3)   Where areas to be preserved, as designated on an approved landscape
                                 plan, are encroached, replacement of existing trees and other vegetation
                                 will be achieved at a ratio of three (3) planted trees to one (1) removed.
                                 Replacement trees shall be a minimum three and one-half (3.5) inches
                                 DBH at the time of planting.

                     (c) Maintenance.

                           (1)   The applicant shall be responsible for the maintenance and replacement
                                 of all vegetation as may be required by the provisions of this Article.

                           (2)   In buffer areas and areas outside the construction footprint, plant
                                 material shall be tended and maintained in a health growing condition
                                 and free from refuse and debris. Unhealthy, dying, or dead plant
                                 materials shall be replaced during the next planting season, as required
                                 by the provisions of this Article.

                 Section 24-263. Stormwater Management Plan.

                     A stormwater management plan shall be submitted as part of the plan of
                 development process required by this Article and in conjunction with site plan or
                 subdivision plan approval.

                     (a)   Contents of the Plan.

                           The stormwater managements plan shall contain maps, charts, graphs, tables,
                           photographs, narrative descriptions, explanations, and citations to supporting
                           references as appropriate to communicate the information required by this
                           Article. At a minimum, the stormwater management plan must contain the
                           following:

                           (1)   Location and design of all planned stormwater control devices;

                           (2)   Procedures for implementing non-structural storrawater control
                                 practices and techniques;

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

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






                                                          -22-








                      (b)   Site specific facilities shall be designed for the ultimate development of the
                            contributing watershed based on zoning, comprehensive plans, local public
                            facility master plans, or other similar planning documents.

                      (c)   All engineering calculations must be performed in accordance with
                            procedures outlined in the current edition of the Local Assistance Manual
                            Virizinia Erosion and Sediment Control Handbook, Virginia Department of
                            Transportation Drainage Manual, or any other good engineering methods
                            deemed appropriate by the Director of Planning and Community
                            Development.

                      (d)   The plan shall establish a long-term schedule for inspection and maintenance
                            of stormwater management facilities that includes all maintenance
                            requirements and persons responsible for performing maintenance. If the
                            designated maintenance responsibility is with a party other than the City of
                            Colonial Heights then a maintenance agreement shall be executed between
                            the responsible party and the City of Colonial Heights.

                 Section 24-264. Erosion and Sediment Control Plan.


                      An erosion and sediment control plan shall be submitted that satisfies the
                 requirements of this Article and in accordance with Chapter 29 Soil Erosion and
                 Sediment Control Ordinance in conjunction with site plan or subdivision plarl approval.

                 Section 24-265. Final Pla


                      Final plans for property within CBPAs  shall be final plats for land to be subdivided
                 or site plans for land not to be subdivided as required.

                      (a) Final plans for all lands within CBPAs shall include the following additional
                            information:


                            (1)   The delineation of the Resource Protection Area boundary;

                            (2)   The delineation of required buffer areas;

                            (3)   All wetlands permits required by law;

                            (4)   A maintenance agreement as deemed necessary and appropriate by the
                                  Director of Planning and Community Development to ensure proper
                                  maintenance of best management practices in order to continue their
                                  functions.






                                                           _23-







                       (b) Installation and Bonding Requirements.

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

                             (2)   When the occupancy of a structure is desired prior to the completion of
                                   the required landscaping, stormwater management facilities, or other
                                   specifications of an approved plan, a certificate of occupancy may be
                                   issued only if the applicant provides to the City of Colonial Heights a
                                   form of surety satisfactory to the Director of Planning and Community
                                   Development in amount equal to the remaining plant materials, related
                                   materials, and installation costs of the required landscaping or facilities
                                   and/or maintenance costs for any required stormwater management
                                   facilities during the construction period.

                             (3)   All required landscaping shall be installed and approved by the first
                                   planting season following issuance of a certificate of occupancy or the
                                   surety may be forfeited to the City of Colonial Heights.

                             (4)   All required stormwater management facilities or other specifications
                                   shall be installed and approved within 18 months of project
                                   commencement. Should the applicant fail, after proper notice, to
                                   initiate, complete or maintain appropriate actions required by the
                                   approved plan, the surety may be forfeited to the City of Colonial
                                   Heights. The City of Colonial Heights may collect from the applicant
                                   the amount by which the reasonable cost of required actions exceeds the
                                   amount of the surety held.

                             (5)   After all required actions of the approved site plan have been
                                   completed, the applicant must submit a written request for a final
                                   inspection. If the requirements of the approved plan have been
                                   completed to the satisfaction of the Director of Planning and
                                   Community Development, such unexpended or unobligated portion of
                                   the surety held shall be refunded to the applicant or terminated within
                                   60 days following the receipt of the applicant's request for final
                                   inspection. The Director of Planning and Community Development
                                   may require a certificate of substantial completion from a Professional
                                   Engineer or Class III B Surveyor before making a final inspection.






                                                            -24-








                Section 24-266. Administrative Responsibili

                     Administration of the plan of development process shall be in accordance with
                Chapter 20, Subdivision of Land Ordinance of the City of Colonial Heights.

                Section 24-267. Denial of Plan, Mpeal of Conditions or Modificati

                     In the event the final plan or any component of the plan of development process is
                disapproved and recommended conditions or modifications are unacceptable to the
                applicant, the applicant may appeal such administrative decision to the Planning
                Commission. In granting an appeal, the Planning Commission must find such plan to be
                in accordance with all applicable ordinances and include necessary elements to mitigate
                any detrimental impact on water quality and upon adjacent property and the surrounding
                area, or such plan meets the purpose and intent of the performance standards in this
                Article. If the Planning Commission finds that the applicant's plan does not meet the
                above stated criteria, they shall deny approval of the plan.



































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                                   Division 6. Waivers. Exemptions and Exceptions


                Section 24-268. Nonconforming Use and Development Waivers.

                     T'he lawful use of a building or structure which existed on October 1, 1989, or which
                exists at the time of any amendment to this Article, and which is not in conformity with
                the provisions of the Overlay District may be continued in accordance with Section 24-7
                of this Chapter.

                     No change or expansion of use shall be allowed with the exception that:

                     a.    The Director of Planning and Community Development may grant a
                           nonconforming use and development waiver for structures on legal
                           nonconforming lots or parcels to provide for remodeling and alterations or
                           additions to such nonconforming structures provided that:

                           1.   There will be no increase in nonpoint source pollution load;

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


                     b.    An application for a nonconforming use and development waiver shall be
                           made to and upon forms furnished by the Director of Planning and
                           Community Development and shall include for the purpose of proper
                           enforcement of this Article, the following information:

                           1.   Name and address of applicant and property owner;

                           2.   Legal description of the property and type of proposed use and
                                development;

                           3.   A sketch of the dimensions of the lot or parcel, location of buildings and
                                proposed additions relative to the lot lines, and boundary of the
                                Resource Protection Area;

                           4.   Location and description of any existing private water supply or sewage
                                system.

                     C.    A nonconforming use and development waiver shall become null and void
                           twelve months from the date issued if no substantial work has commenced.






                                                         -26-








                 Section 24-269. Exemption .

                     (a) Exemptions for Utilities, Railroads, and Public Roads.

                     Construction, installation, and maintenance of water, sewer, and local gas lines shall
                 be exempt from the Overlay District provided that:

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

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

                           (3)   All such construction, installation, jLnd maintenance of such utilities and
                                 facilities shall be in compliance with all applicable state and federal
                                 requirements and permits and designed and conducted in a manner that
                                 protects water quality; and

                           (4)   Any land disturbance exceeding an area of 2,500 square feet complies
                                 with all City of Colonial Heights erosion and sediment control
                                 requirements.

                     (b) Exemptions for Silvicultural Activities.

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

                     (c) Exemptions in Resource Protection Areas.

                     The following land disturbances in Resource Protection Areas may be exempted
                 from the Overlay District; (i) water wells, (ii) passive recreation facilities such as
                 boardwalks, trails, and pathways; and (iii) historic preservation and archaeological
                 activities, provided that it is demonstrated to the satisfaction of the Director of Planning
                 and Community Development that:

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

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

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


                                                          -27-








                           (4) Any land disturbance exceeding an area of 2,500 square feet shall
                                 comply with all City of Colonial Heights erosion and sediment control
                                 requirements.

                 Section 24-270. Exception .

                     (a)   A request for an exception to the requirements of this Overlay District shall
                           be made in writing to the Director of Planning and Community Development.
                           It shall identify the impacts of the proposed exception on water quality and on
                           lands within the Resource Protection Area through the performance of a
                           water quality impact assessment which complies with the provisions of Section.

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

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

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

                           (3)   The exception request is the minimum necessary to afford relief,

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

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

                     (c)   If the Director of Planning and Community Development cannot make the
                           required findings or refuses to grant the exception, the Director of Planning
                           and Community Development shall return the request for an exception
                           together with the water quality impact assessment and the written findings and
                           rationale for the decision to the applicant, with a copy to the Board of Zoning






                                                         -28-








                           Appeals. The applicant may then apply to the Board of Zoning Appeals for a
                           variance as provided in Article IV of the Zoning Ordinance.

                     (d)   The Board of Zoning Appeals shall consider the water quality impact
                           assessment and the findings and rationale of the Director of Planning and
                           Community Development in determining consistency with the purpose and
                           intent of this Article.























































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