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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