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53 OIS v 0 U C 3 Vd 3WV3c)V53#-? 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