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                                                           Appendix L8
                                                           (Final Product)

               @hapter 5.5 Chesapeake Bay Preservation

                                                 Revised 9-4-90

                                                 Revised 10-29-90

               Section 5.5-1.     Short Title.

                        This Chapter shall be known and may be cited as The

               Chesapeake Bay Preservation ordinance (ordinance).

               Oection 5.5-2      Statement of Intent.

                        The Chesapeake Bay Preservation Act (Act), Section

               10.1-2100 et. sea. and Section 15.1-489 of the Code of Virginia,

               recognizes that healthy state and local economies are integrally

               related to each other "and the environmental health of the

               Chesapeake Bay. The purpose of this ordinance is to control and
               I
               regulate runoff at the source to protect against and minimize
               I
               pollution and deposition of sediment in wetlands, streams and

               .akes- in    Gloucester County which are tributaries     of the

                hesapeake   Bay.   This ordinance is intended to assist in

                rotection of the Chesapeake Bay and its tributaries from

                onpoint source pollution from land uses or appurtenances within

                he Chesapeake Bay drainage area.

                                        AC6UWLMGUENTS

                This draft has been funded, in part, thru the Councel of the Ehvircnment by
                a grant *provided by the Coastal Zone Management Act of 1972 (as anended) ,
             @-achmmstered by the National Oceanic and Atmospheric Admudstration, Office
                of Ocean and Coastal Resource Manageamt (NA 89AA-D-CZ134).

                                                2

                       Regulations in this ordinance are necessary for: 1)

               protection of existing high quality state waters and restoration
               of all other state waters.to a condition or quality t'-,-at will
               P@rmit   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; 2)

               safeguarding the clean waters   of the Commonwealth from pollution;

               3) prevention of any increase in pollution; 4) reduction of

               existing   pollution; -5) promotion of   water..resource  conservation

               in order  to provide for the health,, safety  and welfare of present

               and   future    citizens of-the-Commonwealth., This Ordinance-

               establishes criteria%.used,, by Gloucester County in granting,

               d3nying or modifying requests to subdivide or develop land in

               C iesapeake Bay Preservation Areas.

               Section 5.5-3        Definitions.

                          For the purpose.of this ordinance, the following words

               and phrases shall have the   meanings ascribed below:

                          ACQUACULTURE means the leasing of acquatic organizims

               under controlled or iiril@m@6fitiolled- conditions., In the broad
                 I
               s nse acqualculture includes the leasing of tropical fish; the

               production of sport fish for stocking of farm ponds, streams, and
               r Iservoirb; the production of animals for acquatic marine stocks.
               a@d acquatic plant culture.

                                              3

                         ADMINISTRATIVE BOARD means     a group. of five-County

               employees appointed by the County Administrator to act under.the

               authority of Section 5.5-16 of this ordinance.

                         AGRICULTURAL LANDS mean those lands used for     tilling

               soil, planting and harvesting crops or plant growth of any kind

               in the open; pasture; horticulture; or raising poultry and-or
               iivestack.   Buildings. and structures are not included in this

               clef inition.

                         BEST MANAGEMENT PRACTICE (BMP) means      a practice, or

               Oombination of practices,'that is determined.by a  state,, local or

                 egional agency to be the most   effective, pgacticable means of

                 reventing or reducing.. the amount of pollution generated by

               #onpoint 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 Resource
               Protection Aieas and County and7'State waters from significant

               degradation due to land disturbances or,uses.

                         CALIPER means the-diame Iter of a tree trunk measured six

               (6) inches above the-ground for nursery stock.

                         CHESAPEAKE BAY PRESERVATION AND EROSION COMMISSION

               Means all of the members of. the Gloucester County Wetlands Board.
                 i

                 f
               Terms shall be concurrent with appointments to the Gloucester
                 i
                      Wetlands Board.

                          CHESAPEAKE BATPRESERVATION.AREA (CBPA)- means all land
               @
                 ;n Gloucester County - designated by the Board of Supervisors
                 i,

                 ursuant to Part III of the Chesapeake Bay Preservation Area

                 esignation and Management Regulations,, VR 173-02-01 and Section-

                 0.1-2107 of the Code of Virginia.

                                              4

               The Chesapeake Bay Preservation Area (CBPA) shall consist.of

               Resource Protection Areas.. (RPAs) and Resource Management Areas

               (RMAs). CBPA's are generally considered sensitive to development

               and. other activities due to the prevalence of certain land types

               that if improperly developed would contribute to the degradation

               of water quality.

                         DEVELOPMENT   means -the construction or substantial

               alteration of residential, commercial, in4uptrial, institutiont

               recreational,    transportation,    or   utility   facilities     or

               structures.
                         DIRECTOR means    -the Director of Community Development

               4nd Codes Compliance.

                         DRIPLINE means    a vertical projection to the ground-

               Ourface from the furthest  lateral extent of a tree's leaf canopy.

                         FLOODPLAIN means    all lands that-would be inundated by

               flood water as a result       of a storm event of 100-year return

               interval.

                         HIGHLY     ERODIBLE   SOILS   means   soils     (excluding

               vegetation)- with -an erodibility index (EI) from sheet and rill
               e Irosion equal to or greater than.eight. The erodibility index
                 or any soil is defined as the product of the formula RKLS-T,, as

               defined by the "Food Security Act (F.S.A.) Manual" of August,

                 @988 in the "Field Office Technical Guide" of the U. S.
                 ,epartment of@ Agriculture Soil Conservation Service, where K is
                 "he soil susceptibility to water'erosJ.,on in the surface layer; R

                 s the rainfall and runoff; LS is the combined effects of slope

                length and steepness; and T is the soil loss tolerance.

                                              5

                        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 permecibility

               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") found in the

               "National Soils Handbook" of July 1983, in the "Field Of f ice

               Technical Guide" of the. U.' S. Department of Agriculture Soil

               Conservation Service,

                         HYDRIC SOILS means soils  that are saturated, flooded or

               ponded long enough during the growing season to.suppoXt wetland

               vegetation.

                         IMPERVIOUS COVER means a surface composed of any

               material   that   significantly    impedes   or prevents natural

               infiltration   of water into 'the. soil. - Impervious- surfaces

               ipclude, but are not limited to; robfsF buildings, streets,

               parking areas, and any concrete., asphalt, or compacted aggregate

               surface.

                         NONPOINT SOURCE POLLUTION (NSP) includes, but is not

               limited to the following stormwater borne pollutants resulting

               fQrm, land use activities: 1) Sediment; 2) Nutrients such as

               phosphorous and nitrogen; 3) Bacteria; 4) Viruses; 5) oxygen

               depletion; 6) Hydrocarbons such as fuels and lubricants; 7) Toxic

               metals . such as lead, zinc,, copper; 8) Toxic chemicals; 9)

               Chlorides; and 10) Increases in water temperature.

                                              6

                         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 preval@nce of

               vegetation   typically   adapted    for life in saturated soil

               conditions, as defined by. the U. S. Environmental Pr6tection

               Agency pursuant to Section 804 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 Multiflora

               Rose.

                         PLAN OF DEVELOPMENT . means. site plans; subdivision

               plans, or other plans@ submitted pursuant to Section 5.5 to

               ensure compliance with this ordinance.

                         REDEVELOPMENT means the process of developing land that

               i  or-has been previously developed.

                         RESOURCE MANAGEMENT AREA (RMA) means that component of

               the CBPA  that is not classified as the Resource Protection Area.

               Lands,, of, particular sensitivity within RMAs include,b,ut are not

               limited   to nontidal wetlands not in RPAs, floodplains, highly
               e@odible  soils, highly permeable soils and hydric soils.

                         RESOURCE PROTECTIONAREA (RPA) means that component of

               a (CBPA) comprised of lands at or near the shoreline that have an

               intrinsic water quality due to the ecological and biological

               .processes they perform    or' are sensitive to impacts which may
                I
               result in significant degradation to the quality of State waters.

                                                7

                RPAs   shall include tidal wetlands, tidal shores,: nontidal

                wetlands connected by surface flow and contiguous to tidal

                wetlands or to tributary streams, and a 100-foot wide buffer area

                as defined in this ordinance, adjacent to and landward of other

                RPA component.

                          SUBSTANTIAL ALTERATION means expansion or modi;fication

                of a building or development.which would result in a disturbance
                of land exceedinff an area of 2,500 square feet in the RMA only.
                          4
                          TIDArr-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 6.2.1-13.2 of the Code of Virginia.

                          TRIBUTARY STREAM means any perennial stream that is so
                depicted on the most recent U.S. Geological Surv@y 7-1-2 minute

                i@opographic quadrangle map (scale 1-.24,000).

                          WATER-DEPENDENT FACILITY means a development of land

                that . cannot exist outside of the RPA and must be located on the

                shoreline because of the intrinsic nature of its operation.

                These facilities include, but are not limited to: 1) ports; .2)

                the   intake and outfall. structures of        power plants, water

                tr-reeattattent plants, sewage treatment plants and storm sewers; 3)
                @arinas and other boat docking structures; 4) beaches and other
                @ublic water oriented recreation areas; and 5) fisheries or other
                I
                marine resources facilities.

                                              8

                         WETLANDS means tidal and nontidal wetlands.

               Section 5.5-4       Designation of Chesapeake Bay Preservation

                                   Areas; Official map.

                         The Board of. Supervisors hereby adopts the CBPA Map

               dated                The CBPA's are delineated on the CBPA Map as

               Rp.source Protection Areas (RPAs) and Resource Management Areas
               iRMAs).   The CBPA Map shows general locations of RPAs and RMAs

               and should be consulted by persons contemplating development.

               Section 5.5-5        Permitted Uses.

                         Permitted uses, special exceptions, accessory uses, and

               supplementary regulations shall be as established by the zoning

               district for that 'lot, parcel or acreage as specified in the

               ;oning   Ordinance,    unless , specifically    modified   by     the
               @Iequirements set forth-herein.

               Section 5.5-6        Lot Size.

                          Lot size shall be subject to the requirements of the
               ZIoning Ordinance, provided    that any lot shall have sufficient
                 ea    outside the RPA to accommodate an intended use, in,

               accordance with performance standards in Section 5.5-9, when such
                Ie is not otherwise allowed in RPAs.
               U@s

                                             9

               Section 5.5-7      Required Conditions.

                         A.  All development and redevelopment exceeding 2,500

               square feet of land disturbance shall be subject to a plan of

               development review process, including the approval of a site plan

               in accordance with the provisions@of the Zoning ordinance or a

               subdivision plan in accordance with the Subdivision Ordinance.

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

               is water dependent; or 2).constitutes redevelopment.

                         C.  A water quality impact assessment in accordance

               with the provisions of.Section 5.5-11 of-this Chapter shall be
               required  for any proposed, development or redevelopment within.

               CBPAs when required by the Director because of the unique

               characteristics of the site or intensity of development or

               potential impacts on water.quality or RPAs.-

                         D.  Plans of development or water quality* impact

               statements are not required. for agricultural lands.

               SIPction 5.5-8     Determining Resource Protection Area

                                   Boundaries.

                         The CBPA   Map shall be used as a guide to the general

               location of RPAs.    Site specific boundaries of the RPA shall be
               dIetermined by the   applicant through the performance of . an
               environmental inventory. Site specific boundaries determined by
                i
               t,he applicant shall be, reviewed and approved by the Director.

                                              10

               Section 5.5-9       Performance Standards.

                         A. Purpose 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 vege@ation,

               is most efficient in hokding soil in place and preventing site
               erosion.   Indigenous vegetation, with its adaptability !co local

               conditions without the use. of harmful fertilizers or pesticides,

               filters stormwater.runoff. Keeping-impervious cover to a minimum

               enhances   rainwater    infiltration: and    effectively     reduces

               stormwater runoff potential.

                         The purpose and intent of these requirements is 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 f rom
               @gricultural and silvicultural uses.

                          B. General Performance Standards.

                          1.   Land disturbances shall be limited to the area

               necessary to provide for the desired use or development.

                               a.    In accordance. with an approved      plan of

               development, the limits of clearing and/or grading         shall be
               dlearly shown on submitted _plans and physically marked on the
               ievelopment site in accordance with 2.b below..

                             b.    Ingress and egress during construction shall

               be limited to one access point, unless otherwise approved by the

               Director.

                         2.   Indigenous  vegetation shall be preserved to the

               maximum extent possible   consistent with the use and development

               permitted by an approved Plan of Development.

                              a.   Existing trees over twelve inches in diameter

               at breast height shall bepreserved except in impervious areas.
               Diseased trees or trees-weakened by age, storm, f ire, pr other

               injury may be removed at the discretion of the owner.

                              b.    Prior   to clearing or grading, suitable
               protective   lines, @ such. as survey tape or rope shall be

               established outside of the dripline of any tree or stand of trees

               to be preserved unless otherwise approved on the clearing plan.

               Protective lines shall remain so erected throughout all phases of
               donstruction.   The storage of equipment, materials, debris;'or
               fill shall not be allowed. within the area protected by the lines.

                         3. Land development shall minimize impervious cover.to
               @romote infiltration of stormwater . into the ground consistent
               @ith the use or development permitted.
                         4. Any land disturbing activity exceeding 2,500 square

               feet, including construction of all single family houses, shall

               comply with the requirements of the Erosion and Sediment Control

               Ordinance (chapter 7.5).

                         5. All on-site sewage disposal systems   not requiring a

                PDES permit shall be pumped out at least once every five years,

                                               12

                         6.    A reserve sewage disposal site with a capacity at

                least equal to that of the primary sewage disposal. site shall be

                provided.   This requirement shall not apply to any lot or parcel

                recorded prior to October 1, 1989. Construction or establishing

                of any impervious surface shall beprohibited on the area of all

                sewage disposal sites and reserve drainfields until the structure

                is served by public sewer..

                          7.   For any development or redevelopment, stormwater

                runoff shall be controlled by     the use of BHPs -that achieve the

                following:

                               a.      For    new     development     sites,     the

                post-development  nonpoint source pollution runoffload shall     not.

                exceed the pre-developmept-load, based on average land cover

                conditions within the Chesapeake Bay Watershed (assumed 0.45 lbs.

                per acre per year).

                               b.   For  redevelopment sites, the nonpoint source

                pollution  load shall be reduced by at least 10 percent. The
                birector of Code Compliance.may waive   or modify this requirement

                for   redevelopment,,,sites that originally incorporated best

                 anagement practices for stormwater runoff quality control,

                 rovided the following provisions are satisfied:

                               1) In    no  case may the post-developmenthonpoint

                source pollution runoff     load exceed the pre-development runoff
                load;

                                               13

                               2) If BMPs are structural, evidence shall be

                provided that  facilities are currently in good working order and

                performing at the design levels of'service. The Director 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

                Ordinance:

                     8.   Prjorto initiating grading or other on-site activities
                on any portion of a lot or parcel,-all wetlands permits required

                by Federal, State and County laws and regulations shall be

                obtained and evidence* of such submitted to the Director; and--

                     9.   Land upon.-which agricultural activities are being

                conducted shall have a soil and water quality conservation plan.

                Such plans 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 Tidewater Soil

                and Water Conservation District by January 1, 1995.

                     Buffer Area Requirements.

                     To minimize the adverse effects of human activities on the

                cther components of RPAs, State waters, and aquatic life, a

                100-foot buffer area of vegetation that is effective in retarding
                rIunoff,  preventing    erosion, and filtering nonpoint source
                .pollution  from    runoff   shall'.be retained if present and
                established during development where it does not exist.

                                              14

               A buffer area not less than 100 feet in width shall be located

               adjacent to and landward of other RPA components and along both

               sides of any tributary stream. Ths full buffer area shall be

               designated as the landward component'of the RPA. The 100-foot-

               buffer area shall be deemed to achieve a 75% reduction of

               sediments   and 40% reduction of nutrients. A combination of a

               buffer area not less than 50 feet in width and appropriate BMPs

               located landward of the buffer area which collectively achieve,

               water quality protection, pollutant removal, and water resource

               conservation at least the equivalent of the 100-foot buffer may

               be employed if approved by-the Director.. All subdivisi    on plats.

               submitted for   approval after the. adoption of this ordinance,

               shall clearly identify the @boundaries of any RPA within the

               property.   Such plat shall:contain a statement that all existing
               vegetation within the RPA shali remain in its undisturbed natural
               state, except for vegetation weakened by age, storm, fire or

               other natural cause. Developers shall install signs identifying

               the landward limit of the RPA until completion of construction.

               Signs shall be installed and maintained in accordance with

               guidelines established by the Director.

                         The following- additional performance criteria shall.

                pply.-

                         1.    In order to maintain the functional value of the

               buffer area, indigenous 'vegetation may be removed only to provide

               for reasonable sight lines, access paths, general wood lot

               management, and BMPs, as follows:

                                             15

                             a. Trees may be pruned or removed as.necessary to

               provide for sight lines and vistas, provided that where removed,

               they shall be replaced with other vegetation thatis equally

               effective in retarding runoff,-preventing erosion and filtering

               nonpoint source pollution from runoff. Any removal of existing

               vegetation shall require approval following review of the Plan of

               Development;

                              b. Access paths shall be constructed and surfaced

               so as to effectively control erosion;

                              C.   Dead, diseased, or   dying trees or shrubbery

               may be removed at the discretion.of the landowner; and

                              d.   For shoreline erosion.control projects, trees

               and woody vegetation may be removed,, necessary control techniques

               employed, and appropriate vegetation established to protect or
               stabilize- the shoreline   -in accordance with the best available

               technical    advice   and   applicable   permit   conditions     or

               requirements.

                    2.   When application of the buffer area would result in the
               1@oss Of.a buildable area on a lot or parcel recorded prior to the

               elffective date of this ordinance, modifications to the width of

               tKe buffer area may be allowed in accordance with the following

               criteria.

                         a..  Modifications to. the buffer area shall be the

               minimum  necessary to achieve.a reasonable buildable area fora

               principal structure and necessary utilities;

                                              16

                         b.    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

                         C.   In no case shall the red=ed portion of the buffer

               area be less than 50 feet in width.

                    3.   on  agricultural lands, the agricultural buffer area

               shall be managed to prevent concentrated flows of surface water.

               from breaching the bufferarea and noxious weeds from invading

               the buffer-area. The agricultural buffer area may be reduced.as.

               follows-.

                         a.   To a minimum width of 50 feet.-when-the adjacent-''

               land   is   enrolled in a federal, state, or locally-funded.

               agricultural BMP program, and the-program is being implemented,

               provided that combination . of the reduced buf f er area and BMPs

               achieve water quality    protection, pollutant removal, and water

               resource conservation at    least   the equivalent of the 100-foot

               buffer area;

                         b. To a minimum width of   25 feet when a soil and water

               quality  conservation plan,.as.approved  by the Tidewater Soil and

               W ter Conservation District, has been implemented on the adjacent

               1 nd, provided that the portion of the plan being implemented for

               * e    CBPA  achieves water quality protection at least the

               * uivalent of that provided by the 100-foot buffer area in the

               opinion of the Tidewater., Soil and Water Conservation District

               Board.

                                              17

               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 the act and

               the regulations adopted pursuant,to the Act.

                         C.  The buffer area is not required for agricultural

               drainage  ditches if the adjacent agrJ,.cultural land has in place

               BMPs in   accordance. with a conservation plan approved by the

               Tidewater Soil and Water Conservation District.

               Section 5.5-10.     Plan of Development.

                         Any-development or redevelopment exceeding 2,500.square

               feet of   land disturbance@ in the CBPA shall be accomplished

               through a plan of development process prior to any clearing or

               grading of the site or the issuance of any building permit. The

               Director may determine thatsome of the following information is

               necessary   due   to   the scope and nature of the proposed

               development.   The following.plans or'studies shall be submitted,

               unless otherwise provided for:

                              A.   site plans in accordance with the provisions

                f the Zoning Ordinance and Site Plan Ordinance of this Code or

               Oubdivision plans in.accordance with Chapter 15 of this Code:

                                              18

                         B. Environmental Inventory

                         An  environmental Anventory shall be submitted in

               conjunction  with    site   plan or subdivision plan approval

               applications.   This requirement may be waived by the Director.

               when the proposed use or development would result in less than

               5,000 square feet of disturbed area.

                    1.   The environmental -inventory 'shall be drawn    to scale

               clearly delineating the following components:

                         a. Tidal wetlands;

                         b.  Tidal shores;:

                         c.  Nontidal wetlands in the RPA;

                         d.   A 100-foot buffer area locatedadjacent to and-

               landward of the components listed in subsections.a through c

               above, and along both sides of any perennial stream;

                         e. Nontidal wetlands in the RMA;

                         f. Hydric soils;

                         g. Slopes 25% or greater;

                         h. Geographic extent of the RPA;

                    2. - Wetlands delineations shall be performed consistent with.

               t,ie procedures specified    in-the Federal Manual for identifying

               aad Delineating Jurisdictional Wetlands, 1989.

                    3.   The environmental'inventory shall be drawn at the same
               s@ale as the preliminary site plan or subdivision plan, and shall

               be certified as complete and accurate by a person or firm

               according to the best available technical advice.

                                                 19

                          C. Clearing Plan.

                    A clearing plan shall be submitted and approved prior to

                site plan review and approval and shoreline stabilization project

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

                permitted without an approved clearing plan. Clearing plans shall

                be prepared using the best,available technical advice.

                          1. Contents of the Plan.

                                a. The clearing plan shall be drawn to scale and

                clearly delineate  the locations,. size  and description of existing

                and proposed plant material. All existing trees on the site 12

                inches or greater in-- diameter at breast-height (DBH) shall.be

                shown on the clearing plan,,or where there are groups,of trees,

                the woodlines of the group may be outlined instead. The specific

                number of trees 12 inches or greater in diameter at breast height

                to be preserved outside of the impervious-cover and outside the

                groups shall be indicated ori the plan. Trees to be removed and

                woodline6 tobe changed to create desired impervious cover shall

                be clearly delineated on the clearing plan.

                                b.   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 ordinance, shall
                be shown on the clearing plan.

                                C.   Within the buffer area, trees to be removed

                for sight lines,.vistas,,.Iaccess paths, and BMPs, as provided for
                in this ordinance shall be shown on 'the plan. Vegetation
                @quired by this ordinance to replace any existing trees within
                the buffer area shall be also shown on the clearing plan.

                                              20

                         2. Plant Specifications.

                               a.  All plant materials necessary to supplement

               the buffer area or vegetated areas outside the impervious cover

               shall be installed according to standard planting practices and

               procedures.

                               b.   All   supplementary    or replacement plant

               materials shall be living and in healthy condition. Plant

               materials shall conform to the standards of the most recent.

               edition of the American Standard-for Nursery Stock, published by

               the American Association of.Nurserymen.

                               ce  Where areas to be preserved, as designated on,

               an   approved clearing plan, are encroached, replacement of

               existing trees and other vegetation will be achieved at the

               discretion of the administrator.

                         3. Maintenance.

                               a.  The applicant    shall  be responsible  for the

               maintenance, repair, and- replacement of all vegetation as may be

               required by the provisions of this ordinance.

                               b.   In buffer areas and areas outside the the

               impervious cover, plant material shall be tended and maintained

               in a healthy growing condition and free from refuse and debris..
               UInhealthy, dying, or dead plant materials shall be replaced
                uring the next planting season, as required by the provisions of

               this Ordinance.

                                              21

                         4. Installation and Bonding Requirements.

                              a.    Where   buffer   areas   are    required, no

                certificate of occupancy shall be issued until. the installation

                of required plant material to establish or supplement the buf f er

                is completed, in accordance with the approved clearing plan.

                              b.   When the occupancy of a structure is desired

                prior to the completion of the plan, A certificate of occupancy

                may be issued only it the applicant provides a form of surety

                S.atisfactory to the County Attorney    in an amount equal to the

                costs of the remaining,plant materials, related materials, and

                installation costs.

                              c. All required plant material shall be installed

                and approved by the first planting season following issuance of a

                certificate of occupancy or thesurety may be forfeited.

                         D. Stormwater Management Plan

                         A stormwater management plan shall be submitted as part

                of the plan of development process required by this OrdinAnce and

                in conjunction with site plan or subdivision plan preliminary

                approval.   To   control stormwater runoff structural and/or

                nonstructural  BMPs shall be required for site plans with

                impervious cover exceeding. 16% of site area and for. subdivisions

                With lots of less than 2 acres. Any contiguous property owned. by
                @
                he same subdivider, or deemed by the Director as a logical. part

                f a contiguous subdivision, cannot be subdivided into greater

                than five lots without complying with the requirements of this

                ordinance. BMP's shall be designed and constructed in accordance

                ith guidelines established by the Director.

                                                 22

                          Performance assurances shall be provided that all,BMPs

                required in plans of development shall be constructed'to comply

                with the performance criteria, set.forth therein. The form of

                agreement and type of bond,.letter-of credit or other security

                shall be to the satisfaction. of and approved by the County

                Attorney. The amount of bond  , letter of credit or other security

                and designated length of completion time shall be set by the

                Director of Code Compliance or his authorized designee.

                          1. Contents of the Plan.

                          At a minimum, the storm water management plan shall

                contain the following.:

                               a,   Location and design of stormwater control

                devices and BMPs.

                               b.    Procedures for implementing nonstructural

                stormwater control practices..

                               C.   Pre and    post development nonpoint source

                pollutant loadings with,supportingdocumentation of all utilized

                coefficients and calculations*

                          2.   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 performi  ng Tnaintenance.    If the designated

                maintenance responsibility is with a party other than Gloucester
                 I
                C,ounty, then -a . maintenance .4greement. shall be executed between
                tihe responsible party and the County.!'

                                               23

                         3.   All engineering calculations must be performed in

               accordance with procedures outlined in the current edition of the

               Local Assistance manual, Virginia Erosion and Sediment Control

               Handbook of the Virginia Department of Transportation Drainage

               Manual..

                         E. Erosion and sediment control plan in accordance with

               Chapter 7.5 of this Code.

                         F.   Landscaping Plan in accordance with Site Plan

               Ordinance.

                         G. Final Plan.

                         Final site plan or final subdivision.plans-for all

               lands within CBPAs shall include the following information:

                              1.  Delineation of the RPA boundary;

                              2.  Delineation of required buffer areas

                              3.  Delineation of RMA wetlands;:

                              4.  All wetlands permitb required by law;

                              5.  Delineation of slopes 25% or greater;  and

                              6.   BMP maintenance agreement to ensure proper

               maintenance of BMPs in order to continue their functions-*,*

               Section 5.5-11.     Water Quality Impact Assessment.
                I

                                               24

                        A Water Quality Impact Assessment shall be required for

               any proposed development or redevelopment within RPAs and for

               development or redevelopment. in RMAs,, when required by the

               Director   of   Codes   Compliance,   because    of   the    unique

               characteristics   of the site or intensity of the proposed

               development or redevelopment or potential impact on water quality

               or RPAs.    A Water Quality Impact Assessment. shall identify

               impacts of proposed development on water quality and land in RPAs
             ,,and recommended measures for mitigation of these impacts.    4 Water
               Quality    Impact  Assessments . shall address Nonpoint -Source

               Pollution components set forth in Section 5.5 of this ordinance

               and shall follow guidelines established by the-Director.

                         At a minimum:the Water Quality Impact Assessment must

               contain:

                         1.   A hydrogeological element that:

                              a.  describes. the existing topography, soils.,
               hydrology and  geology of the site7and adjacent lands;.

                              b. describes the source location and description of.

               proposed fill  material;

                              ce  indicates    an estimation of pre and post

               development pollutant loads in runoff;

                              d. indicates the percent of site to be cleared for

               the project;

                         2. A landscape element that;

                              a'. describes plant species to be disturbed or@

               removed;

                                               25

                             b. Demonstrates indigenous plants are to be used to

               the greatest extent possible.

                         3. A wastewater element that:

                             a.    Includes   calculations    and   locations    of

               anticipated drainfield or wastewater irrigation areas.

                             b. describes the potential impacts of the proposed

               wastewater systems, including any proposed mitigative measures

               for these impacts.

               Section 5.5-12.     Waivers.

                         It is not the intent of this ordinance to prevent

               beneficial use or minor modification or alteration of structures

               legally existing prior to adoption of this ordinance, or to

               prevent the practical use of lots or structures existing prior to

               adoption of this Ordinance whose proximity tb a RPA leaves

               insufficient area suitable for building outside the RPA, whose
               lack of suitable soils for reserve or alternate drainfi@lds or

               whose other factors make the property practically unusable upon

               application of the requirements of this Ordinance. Waivers to

               all    or   part   of   this Ordinance may be granted by the

               Administrative Board to allow the beneficial use of property

               provided that:

                          1.   Waivers granted shall be the minimum necessary to

               provide for buildable area or practical beneficial use;

                                               26

                         2.   Facilities, to the extent practical, which are not

               water dependent shall be located outside of an RPA;

                         3. Waivers granted shall cause no increase in nonpoint

               source pollution load;

                         4.   Land disturbances in   excess of 2,500 square feet

               shall comply with the Erosion.and Sediment Control Ordinance; and

                         5.   The application for waiver is made pursuant to

               Section 5.5-15

               Section 5.5-13      Exemptions.

                         A.  Public,Utilities and Facilities

                         1.   Construction, installation, and maintenances of

               water and sewer lines shall be exempt from this,ordinance

               provided that:

                         a.   To the degree possible the location of such.

               utilities and facilities should be outside RPAs;

                         b.   No more land shall be disturbed than is necessary.

               to provide for the des.ired,utility installation;

                         C.     All . such    construction,   installation,     and

               maintenance   of such utilities and facilities shall be in

               compliance with all applicable Federal, State and County permits

               and designed and conducted in, a manner that protects water

               quality; and

                                               27

                        d.    Any land disturbance exceeding an area of 2,500

               square feet complies with the Erosion and Sediment Control

               ordinance.

                         B. Exemptions for Silvicultural Activities.

                         Silvicultural   -activities. are     exempt   from     the

               requirements   of this Ordinance 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. Structures Destroyed by Natural Loss or Fire Loss.

                                                       i

                         D.   Water Wells, Passive Recreation Facilities such as

               Boardwalks, Trails, or Pathways; and Historic Preservation

               Section 5.5-14.     Exceptions.

                         Exceptions to the requirements of this Ordinance'may be

               granted by the Administrative Board provided that: 1) exceptions.

               to the requirements shall be the minimum necessary to afford

               relief; and 2) reasonable and      appropriate conditions upon any

               exception granted shall be imposed as necessary so that the

               purpose and intent of the Act.is preserved.

                                                28

                          Exceptions from these requirements may be granted for,

                but are not limited to, the following: 1) water wells; 2)passive

                recreational facilities such as boardwalks, trails and,pathways;

                and 3) historic preservation and. archaeological activities,

                Provided that it is demonstrated      to the satisfaction of the

                Administrative Board that:

                          1.   Any required permits, except those to which this

                exception specifically applies, shall have been issued;     44

                          2.   Sufficient and reasonable proof is submitted that

                the intended use.will not deteriorate water quality; and

                          3.   The intended use does not conflict with nearby

                planned or approved uses.

                Section 5.5-15.     Applications for Waivers, or Exceptions.

                          Applicationb for waivers or exceptions shall be made in

                writing to the Administrative Board and shall include the

                following:

                          a. Name and address of applicant and property owner;

                          b.   Legal description of the property and type of

                proposed use and development;..

                          C.   A sketch of the dimensions of the lot or parcel,

                location of buildings and proposed additions relative to the lot

                lines, the RPA, slopes greater than 25% and all wetlands; and.

                          d.   Location and description of any existing private

                water supply or sewage,disposal system.

                                               29

               Section 5.5-16      Granting Waiver, or Exceptions.

                         The   Administrative   Board   may grant waivers, or

               exceptions as set f orth herein. . When reviewing applications, the

               Board will consider written comments from all interested parties.

               Waivers, or exceptions granted will become null and void if

               b,,,iilding foundations are not completed with 12 months.

               Section 5.5-17      Penalties.

                         Any person firm or corporation who violates any of the

               provisions of this ordinance shall, on conviction, be guilty of a

               Class I misdemeanor @as defined by Title 18.2 of.the Code of

               Virginia as amended.     Should any section or provision of this

               Ordinance be declared by the Courts to be unconstitutional , r

               invalid, such decision shall not affect the validity df this

               ordinance as a whole or any part thereof, other than the part so

               declared unconstitutional.

               Section 5.5-18       Appeals.

                         a.   An owner of property subject to an administrative

               decision order or requirement under this Chapter may appeal by

               submitting a written application for: review to the Gloucester;

               County Chesapeake Bay Preservation and Erosion Commission no

               later than thirty days from the rendering of such decision, order

               or requirement.

                                              30

               The Chesapeake Bay Preservation and Erosion commission shall hear

               the appeal as soon as practical after receipt of the application.

               The appellant, the Board of Supervisors, the Administrative Board

               and any person or agency expressing an interest in the matter

               shall be notified by Chesapeake Bay Preservation and Erosion

               Commission not less than ten days prior to the date of the

               hearing. Published notice of the Board's public meetings shall.

               state that appeals from decisions under the Chesapeake Bay
               Preservation ordinance will be.heard.*

                   b.    In   rendering   its   decision, the Chesapeake Bay

               Preservation and Erosion Comi, ission shall -balarkce@ the hardship to

               the property owner with the purpose,, intent, and objectives of

               this Chapter.

               John H, Northstein, Chairman
               GLOUCESTER COUNTY BOARD OF SUPERVISORS

               ATTEST:

               William H. Whitley, County Administrator

                        Adopted by the Board of Supervisors of Gloucester@

               Co unty, Virginia, this   day of                  1990