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




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                                                                  a- endix Ll 6
                                                                  ..(Final PToductj


              AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF KING GEORGE COUNTY, VIRGINIA
             BY ADDING ARTICLE 8. CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT.

             BE IT ORDAINED by the Board of Supervisors of King George County, Virginia,
             that:


             1.   Article 8. Chesapeake Bay Preservation Area   Overlay District shall
                  be added to the'Zoning Ordinance of King George County, Virginia, as
                  follows:


                                             Article 8.
                          Chesapeake Bay Preservation Area Overlay District




             Section 8.1.     Title.


                  This ordinance shall be known and referenced as the "Chesapeake Bay
             Preservation Area Overlay District" of King George County.

             Section 8.2      Findings of Fact.

                  The Chesapeake Bay and its tributaries is one of the most important
             and productive estuarine systems in the world, providing economic and
             social benefits to the citizens of King George County and the Commonwealth
             of Virginia. The health of the Bay is vital to maintaining King George
             County's economy and the welfare of its citizens.

                  The Chesapeake Bay waters have been degraded significantly by many
             sources of pollution, including nonpoint source pollution from land uses
             and. development. Existing high quality waters are worthy of protection
             from degradation to guard against further pollution. Certain lands that
             are proximate to shorelines have intrinsic water quality value due to the
             ecological and biological processes they perform. Other lands have severe
             development constraints from flooding, erosion, and soil limitations. With
             proper management, they offer significant ecological benefits by providing
             water quality maintenance and pollution control, as well as flood and
             shoreline erosion control. These lands together, designated by the Board
             of Supervisors as Chesapeake Bay Preservation Areas (hereinafter "CBPAs"),
             need to be protected from destruction and damage in order to protect the
             quality of water in the Bay and consequently the quality of life in King
             George County and the Commonwealth of,Virginia.


             Section 8.3      Purpose and Intent.

                A. This ordinance is enacted to implement the requirements of Section
             10.1-2100 et seg. of the Code of Virginia (The Chesapeake Bay Preservation
             Act) and amends the King George County Zoning Ordinance. The intent of the
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             Board of Supervisors and the purpose of the Overlay District is to: (1)
             protect existing high quality state waters; (2) restore all other state
             waters to a condition or quality that will permit all reasonable public
             uses and will support the propagation and growth of all aquatic life,
             including game fish, which might reasonably be expected to inhabit them;
             (3) safeguard the clean waters of the Commonwealth from pollution; (4)
             prevent any increase in pollution; (5) reduce existing pollution; and (6)
             promote water resourc'e conservation in order to provide for the health,
             safety, and welfare of the present and future citizens of King George
             County.
                 B. This district shall be in addition to and shall overlay all other
             zoning districts where they are applied so that any parcel of land lying in
             the Chesapeake Bay Preservation Area Overlay District shall also lie in one
             or more of the other zoning districts provided for by the Zoning Ordinance.
             Unless otherwise stated in the Overlay District, the review and approval
             procedures provided for in Article 7 and C hapters 4 and 6 of the County
             Code shall be followed in reviewing and approving development, redevelop-
             ment, and uses governed by this Article.

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

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

                   a.    A building permit has been issued prior to [date of adoption].

                   b.    Preliminary or Final Site Plan approval by the Board of
                         Supervisors prior to [date of adoption].

                   C.    Final Subdivision Plat approval by the Board of Supervisors
                         prior to [date of adoption].

                   d.    The elements contained in a Special Exception Permit approved
                         by the Board of Supervisors prior to [date of adoption].

             Section 8.4      Definitions.


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





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             'Agricultural lands' means those lands used for the planting and harvesting
             of crops or plant growth of any kind in the open; pasture; horticulture;
             dairying; floriculture; or raising of poultry and/or livestock.

             "Applicanto means a person submitting an application for development.

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

             mBuffer aream means an area of natural or established vegetation managed to
             protect other components of a Resource Protection Area and state waters
             from significant degradation due to land disturbances.
             "Chesapeake Bay Preservation Arean or 'CBPAO means any land designated by
             the Board of Supervisors pursuant to Part III of the Chesapeake Bay
             Preservation Area Designation and Management Regulations, VR 173-02-01, and
             Section 10.1-2107 of the Code of Virginia. A Chesapeake Bay Preservation
             Area shall consist of a Resource Protection Area and a Resource-Management
             Area.


             OConstruction footprintm means the area of all impervious surface includ-
             ing, but not limited to, buildings, roads and drives, parking areas, and
             sidewalks and the area necessary for construction of such improvements.
             "Development" means the construction, or substantial alteration, of
             residential, commercial, industrial, institutional, recreation,
             transportation, or utility facilities or structures.

             wDiameter at breast height' or 'DBH* means the diameter of a tree measured
             outside the bark at a point 4.5 feet above ground.

             "Dripline' means a vertical projection to the ground surface from the
             furthest lateral extent of a tree's leaf canopy.

             mFloodolain" means (a) a relatively flat or low land area adjoining a
             river, stream or watercourse which is subject to gartial or complete
             inundation: (b) an area subiect to the unusual and rapid accumulation or
             runoff of surface water from any source.

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


             "Intensely Developed Areas' or 'IDAsN means a portion of a Resource
             Protection Area or a Resource Management Area designated by the Board of



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             supervisors where development is concentrated and little of the natural
             environment remains.


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


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

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

             OPlan of Developmentu means the process for site plan or subdivision plat
             review to ensure compliance with Section 10.1-2109 of the Code of Virginia
             and this Article, prior to any clearing or grading of a site or the
             issuance of a building permit.

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

             NResource Management Area" or ORMA' means that component of the Chesapeake
             Bay Preservation Area that is not classified as the Resource Protection
             Area. RMAs include land types that, if improperly used or developed, have
             the potential for causing significant water quality degradation or for
             diminishing the functional value of the Resource Protection Area, and shall
             be provided contiguous to the entire inland boundary of the Resource
             Protection Area.


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

             uSilviculture" means the development and/or maintenance of a forest or
             wooded preserve.

             OTidal shorew or Oshore" 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 non-vegetated wetlands as defined in
             Section 62.1-13.2 of the Code of Virginia.


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

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


             OWetlandso means tidal and nontidal wetlands.


             Section 8.5      Areas of Applicability.

                   A. The Chesapeake Bay Preservation Area Overlay District shall apply
             to all lands identified as CBPAs as designated by the Board of Supervisors
             and as shown on the Chesapeake Bay Map. The Chesapeake Bay Map, together
             with all explanatory matter thereon, is hereby adopted by reference and
             declared to be a part of this Article.

                   M     The Resource Protection Area includes:


                   a.    Tidal wetlands;

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

                   C.     Tidal shores;

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

                   (2)   The Resource Management Area shall be:


                   a.    That area of the county not identified as being within the
                         Resource Protection Area.



                   B.    The Chesapeake Bay Overlay map shows the general location of
                         CBPAs and should be consulted by persons contemplating
                         activities within King George County prior to engaging in a
                         regulated activity.




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                   C.    Portions of RPAs and RMAs designated by the Board of Super-
                         visors as Intensely Developed Areas shall serve as redevelop-
                         ment areas. Areas so designated shall comply with all erosion
                         and sediment control requirements and the performance standards
                         for redevelopment in Section 8.11 (Performance Standards.)


             Section 8.6      Use-Regulations.

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


             Section 8.7      Lot Size.

                   Lot size shall be subject to the requirements of the underlying
             zoning district(s), provided that any lot shall have sufficient area
             outside the RPA to accommodate an intended development, in accordance with
             the performance standards in Section 8.11, when such development is not
             otherwise allowed in the RPA.


             Section 8.8      Required Conditions.

                   A.    All development and redevelopment exceeding 2500 square feet of
                         land disturbance shall be subject to a plan of development
                         process, including the approval of a site plan in accordance
                         with the provisions of Article 7 or a subdivision plat in
                         accordance with the Subdivision Ordinance.-


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

                   C.    A water quality impact assessment shall be required for any
                         proposed development or redevelopment within RPAs and for any
                         development within RMAs when required by the Director of
                         Planning and Code Compliance because of the unique character-
                         istics of the site or intensity of development, in Accordance
                         with the provisions of Section 8.12, of this Article.


             Section 8.9      Conflict with other Regulations.

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





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             section 8.10      Interpretation of Resource Protection Area Boundaries.

                   A.    Delineation by the Applicant.

                   The site-specific boundaries of the Resource Protection Area shall
             ordinarily be determined by the applicant through the performance of an
             environmental site assessment, subject to approval by the Director of
             Planning & Code Compliance and in accordance with Section 8.13, (Plan of
             Development) of this Article. The Chesapeake Bay Preservation Area Map
             shall be used as a guide to the general location of Resource Protection
             Areas.



                   B.    Where Conflict Arises Over Delineation.


                   Where the applicant has provided a site-specific delineation of the
             RPA, the Director of Planning & Code Compliance will verify the accuracy of
             the boundary delineation. In determining the site-specific RPA boundary,
             the Director of Planning & Code Compliance may render adjustments to the
             applicant's boundary delineation, in accordance with Section 8.13, (Plan of
             Development) of this Article. In the event the adjusted boundary delinea-
             tion is contested by the applicant, the applicant may seek relief, in
             accordance with the provisions of Section 8.13(H) (Denial/Appeal of Plan)



             Section 8.11      Performance Standards.


                   A.    Purpose and Intent.


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

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

                   B.    General Performance Standards for Development and
                         iedevelopment.



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

                         a.   In accordance with an approved site plan, the limits of
                              land disturbance, including clearing or grading shall be
                              strictly defined by the construction footprint. These
                              limits shall be clearly shown on submitted plans and
                              physically marked on the development site.

                         b.   Ingress and egress during construction shall be limited
                              to one access point, unless otherwise approved by the
                              Director of Planning & Code Compliance.


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


                         a.   Clearing shall be allowed only to provide necessary
                              access, positive site drainage, water quality BMPs, and
                              the installation of utilities, as approved by the
                              Director of Planning & Code Compliance.

                         b.   Prior to clearing or grading, suitable protective bar-
                              riers, such as safety fencing, shall be erected 5 feet
                              outside of the dripline of any tree or stand of trees to
                              be preserved. These protective barriers shall remain so
                              erected throughout all phases of construction. The
                              storage of equipment, materials, debris, or fill shall
                              not be allowed within the area protected by the barrier.

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

                         a.   Grid and modular pavements shall be used for any required
                              alley, or other low traffic driveway, unless otherwise
                              approved by the Director of Planning & Code Compliance.

                         b.   Parking space size shall be 162 square feet. Parking
                              space width shall be nine (9) feet; parking space length
                              shall be 18 feet. Two-way drives shall be a m&Rimum
                              maximum of 22 feet in width.


                   (4)   Notwithstanding any other provisions of this Article and
                         Chapter 6. Erosion and Sediment Control, of the Code of King
                         George County or exceptions or exemptions thereto, any land
                         disturbing activity exceeding 2,500 square feet, including


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                          construction of all single-family houses, septic tanks, and
                          drainfields, shall comply with the requirements of Chapter 6,
                          Erosion and Sediment Control, of the Code of King George
                          County.

                    (5)   All on-site sewage disposal systems not requiring an VPDES
                          permit shall be pumped out at least once every five years, in
                          accordance with the provisions of the King George County Health
                          Cede On-Site Sewage Disposal Ordinance.

                    (6)   A reserve sewage disposal site with a capacity at least equal
                          to that of the primary sewage disposal site shall be provided,
                          in accordance with the King George County We-a-Ith Go      On-Site
                          Sewage Disposal Ordinance. This requirement shall not apply to
                          any lot or parcel recorded prior to October 1, 1989 if such lot
                          or parcel is not sufficient in capacity to accommodate a
                          reserve sewage disposal site, as determined by the local Health
                          Department. Building or construction of any impervious surface
                          shall be prohibited on the area of all sewage disposal sites or
                          on an on-site sewage treatment system which operates under a
                          permit issued by the State Water Control Board, until the
                          structure is served by public sewer.

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

                          a.    For development, the post-development nonpoint source
                                pollution runoff load shall not exceed the pre-
                                development load, based on the calculated avepage in
                                Govep GeAditign of the King Geepge Geu       State default
                                value;

                          b.    For sites within IDAs or other isolated redevelopment
                                sites, the nonpoint source pollution load shall be
                                reduced by at least 10 percent. The Director of Planning
                                & Code Compliance may waive or modify this requirement
                                for redevelopment sites that originally incorporated best
                                management practices for stormwater runoff quality con-
                                trol,  provided the following provisions are satisfied:

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

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



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


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

                   (8)  Prior to initiating grading or other on-site activities on any
                        portion of a lot or parcel, all wetlands permits required by
                        federal, state, and local laws and regulations shall be
                        obtained and evidence of such submitted to the Director of
                        Planning & Code Compliance, in accordance with Section 8.13, of
                        this Article.


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


                   C.   Buffer Area Requirements.

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

                   The buffer area shall be located adjacent to and landward of other
             RPA components and along both sides of any tributary stream. The full
             buffer area shall be designated as the landward component of the RPA, in
             accordance with Sections 8.5 (Areas of Applicability) and 8.13 (Plan of
             Development) of this Article.

                   The 100-foot buffer area shall be deemed to achieve a 75 percent
             reduction of sediments and a 40 percent reduction of nutrients. A combi-


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             nation of a buffer area not less than 50 feet in width and appropriate best
             management practices located landward of the buffer area which collectively
             achieve water quality protection, pollutant removal, and water resource
             conservation at least the equivalent of the full 100-foot buffer area may
             be employed in lieu of the 100-foot buffer if approved by the Director of
             Planning & Code Compliance after consideration of the Water Quality Impact
             Assessment, in accordance with Section 8.12 of this Article.

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

                   (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 woodlot
                        management, and best management practices, as follows:

                        a.    Trees may be pruned or removed as necessary to provide
                              for sight lines and vistas.

                        b.    Any path shall be constructed so as to effectively
                              control erosion.


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


                        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 the application of the buffer areas would result in the
                        loss of a buildable area on a lot or parcel recorded prior to
                        October 1, 1989, the Director of Planning & Code Compliance may
                        modify the width of the buffer area in accordance with Section
                        8.13 (Plan of Development) and the following criteria:

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

                        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 reduced portion of the buffer area
                              be less than 50 feet in width.


                  (2)   Redevelopment 1.A"9J*hJA TOM may be e*empt fr-em the buffep apea,
                        IR a car-danna-
                               10-11-8 With 88G%i9R 8.13 (PlaR of Development) of %his
                        Aptiele.


                  (43)  On agricultural lands the agricultural buffer area shall be
                        managed to prevent concentrated flows of surface water from
                        breaching the buffer area 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
                              implementing a federal, state, or locally-funded agricul-
                              tural best management practices program, provided that
                              the combination of the reduced buffer area and the best
                              management practices 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 local Soil
                              and Water Conservation District, has been implemented on
                              the adjacent land. Such plan shall be based upon the
                              Field Office Technical Guide of the U.S. Department of
                              Agriculture Soil Conservation Service and accomplish
                              water quality protection consistent with this Article.

                        C.    The buffer area is not required for agricultural drainage
                              ditches if the adjacent agricultural land has in place
                              best management practices in accordance with a conserva-
                              tion plan approved by the local Soil and Water Conserva-
                              tion District.



            Section 8.12      Water Quality Impact Assessment

                  A.     Purpose and Intent.


                  The purpose of the water quality impact assessment is to: (i)
            identify the impacts of proposed development on water quality and lands
            within RPAs and- n-the-P eRvlpenmeAtally sensitive !a ; (ii) ensure that,
            where development does take place within RPAs and ethep sensitiYe lands, it
            will be located on those portions of a site and in a manner that will be
            least disruptive to the natural functions of RPAs and- ethep seRsitive
            lands; (iii) to protect individuals from investing funds for improvements
            proposed for location on lands unsuited for such development because of
            high ground water, erosion, or vulnerability to flood and storm damage;


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             (iv) provide for administrative relief from the terms of this Article when
             warranted and in accordance with the requirements contained herein; and (v)
             specify mitigation which will address water quality protection.

                   B.     Water Quality Impact Assessment Required.

                   A water quality impact assessment is required for (i) any proposed
             development within an,RPA, including any buffer area modification or
             reduction as provided for in Section 8.11, of this Article; (ii) any
             development in a RMA as deemed necessary by the -0-ine-n-top of PlaAAiAg & GQd8
             GempliaAGe Reviewing Authorities due to the unique characteristics of the
             site or intensity of the proposed development. There shall be two levels
             of water quality impact assessments: a minor assessment and a major
             assessment.


                   C.      Minor Water Oualitylimpact Assessment.,

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

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

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

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



                   D.     Maior Water Ouality Impact Assessment.


                   A major water quality impact assessment shall be required for any
             development which (i) exceeds 5,000 square feet of land disturbance within
             CBPAs and requires any modification or reduction of the landward 50 feet of
             the 100 foot buffer area; (ii) disturbs any portion of the seaward 50 feet
             of the 100 foot buffer area or any other component of an RPA; or (iii) is
             located in an RMA and is deemed necessary by the Director of Planning &
             Code Compliance. The information required in this section shall be


                                                 13








             considered a minimum, unless the Director of Planning & Code Compliance
             determines that some of the elements are unnecessary due to the scope and
             nature of the proposed use and development of land.

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

                   (1)  All of the information required in a minor water quality impact
                        assessment, as specified in Section 8.12.C.;

                   (2)  A hydrogeological element that:

                        a.    Describes the existing topography, soils, hydrology and
                              geology of the site and adjacent lands.

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

                        C.    Indicates the following:

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

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

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

                              4.    Source location and description of proposed fill
                                    material;

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

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

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

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

                              9.    Percent of site to be cleared for project;


                                                 14









                              10.   Anticipated duration and phasing schedule of
                                    construction project;

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


                        d.    Describes the proposed mitigation measures for the
                              potential hydrogeological impacts. Potential mitigation
                              measures include:


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

                              2.    Proposed stormwater management system;

                              3.    Creation of wetlands to replace those lost;

                              4.    Minimizing cut and fill.


                   (3)  A landscape element that:

                        a.    Identifies and delineates the location of all plant
                              communities on site with their dominant species
                              composition, including all trees twenty (20) inches or
                              greater diameter at breast height. Where there are
                              groups of trees, stands may be outlined.

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

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

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

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


                        c.@   Describes the potential measures for mitigation.
                              Possible mitigation measures include:



                                                 is









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

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

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

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

                        a.    Includes calculations and locations of anticipated
                              drainfield or wastewater irrigation areas;

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

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


                        d.    Describes the potential impacts of the proposed
                              wastewater systems, including the proposed mitigative
                              measures for these impacts.

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

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

                   E.   Submission and Review Requirements.

                 _(1)_  Five (5) copies of all site drawings and other applicable
                        information as required by Subsections C and D above shall be
                        submitted to the Director of Planning & Code Compliance for
                        review.


                   (2)  All information required in this section shall be certified as
                        complete and accurate by a professional engineer for either








                        maior or minor water quality assessments or a certified land
                        surveyor for minor water quality assessments only.

                   (3)  A minor water quality impact assessment shall be prepared and
                        submitted to and reviewed by the Director of Planning & Code
                        Compliance in conjunction with Section 8.13, (Plan of Develop-
                        ment) of this Article.

                   (4)  A major water quality impact assessment shall be prepared and
                        submitted to and reviewed by the Director of Planning & Code
                        Compliance in conjunction with a request for rezoning, special
                        use permit, or in conjunction with Section 8.13 of this
                        Article, as deemed necessary by the Director of Planning & Code
                        Compliance.

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

                   F.   Evaluation Procedure.


                   (1)  Upon the completed review of a minor water quality impact
                        assessment, the Director of Planning & Code Compliance will
                        determine if any proposed modification or reduction to the
                        buffer area is consistent with the provisions of this Article
                        and make a finding based upon the following criteria:

                        a.    The necessity of the proposed encroachment and the
                              ability to place improvements elsewhere on the site to
                              avoid disturbance of the buffer area;

                        b.    Impervious surface is minimized;

                        C.    Proposed best management practices, where required,
                              achieve the requisite reductions in pollutant loadings;

                        d.    The development, as proposed, meets the purpose and
                              intent of this Article;

                        e.    The cumulative impact of the proposed development, when
                              considered in relation to other development in the vici-



                                                 17








                              nity, both existing and proposed, will not result in a
                              significant degradation of water quality.

                   (2)  Upon the completed review of a major water quality impact
                        assessment, the Director of Planning & Code Compliance will
                        determine if the proposed development is consistent with the
                        purpose and intent of this Article and make a finding based
                        upon the following criteria:

                        a.    Within any RPA, the proposed development is water-
                              dependent;

                        b.    The disturbance of any wetlands will be minimized;
                        C.    The development will not result in significant disruption
                              of the hydrology of the site;

                        d.    The development will not result in significant degrada-
                              tion to aquatic vegetation or life;

                        e.    The development will not result in unnecessary
                              destruction of plant materials on site;

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

                        9.    Proposed stormwater management concepts are adequate to
                              control the stormwater runoff to achieve the required
                              performance standard for pollutant control;

                        h.    Proposed revegetation of disturbed areas will provide
                              optimum erosion and sediment control benefits;

                        j.    The design and location of any proposed drainfield will
                              be in accordance with the requirements of Section 8.11.

                        k.    The development, as proposed, is consistent with the
                              purpose and intent of the Overlay District;

                        1.    The cumulative impact of the proposed development, when
                              considered in relation to other development in the vici-
                              nity, both-existing and proposed, will not result in a
                              significant degradation of water quality.

                   (3)  The Director of Planning & Code Compliance shall require
                        additional mitigation where potential impacts have not been
                        adequately addressed. Evaluation of mitigation measures will
                        be made by the Director of Planning & Code Compliance based on
                        the criteria listed above in subsections (1) and (2).


                                                  18









                   (4)   The Director of Planning & Code Compliance shall find the
                         proposal to be inconsistent with the purpose and intent of this
                         Article when the impacts created by the proposal cannot be
                         mitigated. Evaluation of the impacts will be made by the
                         Director of Planning & Code Compliance based on the criteria
                         listed in subsections (1) and (2).

             Section 8.13      Plan of Development Process.

                   Any development or redevelopment exceeding 2500 square feet of land
             disturbance shall be accomplished through a plan of development process
             prior to any clearing or grading of the site or the issuance of any
             building permit, to assure compliance with all applicable requirements of
             this Article.


                   A.    Required Information.

                   In addition to the requirements of Article 7 of the Zoning Ordinance
             or the requirements of the King George County Subdivision Ordinance, the
             plan of development process shall consist of the plans and studies identi-
             fied below. These required plans and studies may be coordinated or com-
             bined., as deemed apppGppiate by the Dipentep of PlaAning & Cede Gemplian-
             The Director of Planning & Code Compliance may determine that some of the
             following information is unnecessary due to the scope and nature of the
             proposed development.

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

                   (1)   A site plan, preliminary and/or final, in accordance with the
                         provisions of Article 7 of the Zoning Ordinance; or a
                         subdivision.plat in accordance with the provisions of the King
                         George County Subdivision Ordinance; However, for single-
                         family dwellings with no RPA encroachment a sketch plan may be
                         submitted in lieu of a site plan. Said sketch plan shall
                         indicate the Property boundaries, approximate house location,
                         septic field and reserve location, and approximate limitations
                         of clearing.

                   (2)   An environmental site assessment, except where a sketch plan is
                         accepted under I above;

                   (3)   A landscaping plan, except where a sketch Plan is accepted
                         under 1 above;

                   (4)   A stormwater management plan,ecxept where a sketch plan is
                         accepted under I above;









                   (5)   An erosion and sediment control plan in accordance with the
                         provisions of Chapter 6 of the King George County Code.
                         However, for single-family dwellings with no RPA encroachment
                         an acreement in lieu of a Plan may be entered into with the
                         County.



                   B.    Environmental Site Assessment.


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

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

                         a.    Tidal wetlands;
                         b.    Tidal shores;
                         C.    Nontidal wetlands connected by surface flow and
                               contiguous to tidal wetlands or tributary streams;
                         d.    A 100 foot buffer area located adjacent to and landward
                               of the components listed in subsections a. through d.
                               above, and along both sides of any tributary stream;

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

                   (3)   The environmental site assessment shall delineate the site-
                         specific geographic extent of the RPA.

                   (4)   The environmental site assessment shall be drawn at the same
                         scale as the preliminary site plan or subdivision plat, and
                         shall be certified as complete and accurate by a professional
                         engineer or a certified land surveyor. This reguirement may be
                         waive by the Director of Planning & Code Compliance when the
                         proposed use or development would result in less than 5,000
                         square feet of disturbed area.


                   C.    Landscaping Plan.

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

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


                                                   20











                         Contents of the Plan.


                         a.    The landscaping plan shall be drawn to scale and clearly
                               delineate the location, size, and description of existing
                               and proposed plant material. All existing trees on the
                               site within the construction footprint of tweRty (2
                               sixteen (16) inches or greater DBH shall be shown on the
                               landscaping plan. Where there are groups of trees,
                               outside of the construction footprint, stands may be
                               outlined instead. The specific number of trees tweRty
                               +2-Q+ sixteen (1.@I inches or greater DBH to be preserved
                               outside of the construction footprint shall be !RdiGated
                               noted on the plan. Trees to be removed to create a
                               desired construction footprint shall be clearly
                               delineated on the landscaping 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 Article, shall be
                               shown on the landscaping plan.

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

                         d.    Trees to be removed for shoreline stabilization projects
                               and any replacement vegetation required by this Article
                               shall be shown on the landscaping plan.

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

                         f.    The landscaping plan will include specifications for the
                               protection of existing trees during clearing, grading,
                               and all phases of construction.

                   (2)   Plant Specifications.

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


                                                   21








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

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

                   (3)   Maintenance.

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

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



                   D.    Stormwater Management Plan.


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

                   (1)   Contents of the Plan.

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

                         a.    Location and design of all planned stormwater control
                               devices;

                         b.    Procedures for implementing non-structural stormwater
                               control practices and techniques;



                                                  22








                        C.    Pre- and post-development nonpoint source pollutant
                              loadings with supporting documentation of all utilized
                              coefficients and calculations;

                        d.    For facilities, verification of structural soundness,
                              including a Professional Engineer or Class III Surveyor
                              Certification;

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

                   (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, Virginia Department of Transportation Drainage
                        Manual, or any other good engineering methods deemed
                        appropriate by the Director of Planning & Code Compliance.

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

                   E.   Erosion and Sediment Control Plan..

                   An erosion and sediment control plan, when required, shall be
            submitted that satisfies the requirements of this Article and in accordance
            with Chapter 6 of the King George County Code, in conjunction with site
            plan or subdivision plan approval.



                   F.   Final Plan.


                   Final plans, when reguired, for property within CBPAs shall be final
            plats for land to be subdivided or site plans for land not to be subdivided
            as required in Article 7 of the Zoning Ordinance.

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

                        a.    The delineation of the Resource Protection Area boundary;

                        b.    The delineation of required buffer areas;



                                                 23








                          C.    All wetlands permits required by law;

                          d.    A maintenance agreement as deemed necessary and appro-
                                priate by the Director of Planning & Code Compliance to
                                ensure proper maintenance of best management practices in
                                order to continue their functions.


                    (2)   Installation and Bonding Requirements.

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

                          b.    When the occupancy of a structure is desired prior to the
                                completion of the required.landscaping, stormwater
                                management facilities, or other specifications of an
                                approved plan, a certificate of occupancy may be issued
                                only if the applicant provides to King George County a
                                form of surety satisfactory to the Director of Planning &
                                Code Compliance in amount equal to the remaining plant
                                materials, related materials, and installation costs of
                                the required landscaping or other specifications and/or
                                maintenance costs for any required stormwater management
                                facilities.


                          C.    All required landscaping shall be installed and approved
                                by the first planting season following issuance of a
                                certificate of occupancy or the surety may be forfeited
                                to the King George County.

                          d.    All required stormwater management facilities or other
                                specifications shall be installed and approved within IS
                                months of project commencement. Should the applicant
                                fail, after proper notice, to initiate, complete or
                                maintain appropriate actions required by the approved
                                plan, the surety may be forfeited to King George County.
                                The King George County may collect from the applicant the
                                amount by which the reasonable cost of required actions
                                exceeds the amount of the surety held.

                          e.    After all required  actions of the approved site    plan have
                                been completed, the applicant must submit a written
                                request for a final inspection. If the requirements      of
                                the approved plan have been completed to the satisfaction
                                of the Director of Planning & Code Compliance, such
                                unexpended or unobligated portion of the surety held


                                                    24









                              shall be refunded to the applicant or terminated within
                              60 days following the receipt of the applicant's request
                              for final inspection. The Director of Planning & Code
                              Compliance may require a certificate of substantial
                              completion from a Professional Engineer or Class III B
                              Surveyor before making a final inspection.

                   G.    Administrative Responsibility.

                   Administration of the plan of development process shall be in
             accordance with Article 7 of the Zoning Ordinance or the King George County
             Subdivision Ordinance, as appropriate.



                   H.    Denial of Plan, Appeal of Conditions or Modifications.

                   In the event the final plan or any component of the plan of
             development process is disapproved and recommended conditions or
             modifications are unacceptable to the applicant, the applicant may appeal
             such administrative decision to the PlanniRg Gemmissien. Board of
             Supervisors. In granting or denying an appeal, the Planning Gemm!6sien-
             Board of Supervisors must find such plan to be in accordance with all
             applicable ordinances and include necessary elements to mitigate any
             detrimental impact on water quality and upon adjacent property and the
             surrounding area, or such plan meets the purpose and intent of the
             performance standards in this Article. If the Planning Gemmission. Board of
             Supervisors finds that the applicant's plan does not meet the above stated
             criteria, they shall deny approval of the plan.


             Section 8.14     Nonconforming Use and Development Waivers.

                   The lawful use of a building or structure.which existed on [date of
             adoption] or which exists at the time of any amendment to this Article, and
             which is not in conformity with the provisions of the Overlay District may
             be continued in accordance with Section 1.10 of the King George County
             Zoning Ordinance.

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


                   (1)   The Director of Planning & Code Compliance may grant a
                         nonconforming use and development Waiver for structures on
                         legal nonconforming lots or parcels to provide for remodeling
                         and alterations or additions to such nonconforming structures
                         provided that:

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


                                                 25









                        b.    Any development or land disturbance exceeding an area of
                              2500 square feet complies with all erosion and sediment
                              control requirement of this Article.

                  (2)   An application for a nonconforming use and development waiver
                        shall be made to and upon forms furnished by the Director of
                        Planning & Code Compliance and shall include for the purpose of
                        proper enforcement of this Article, the following information:

                        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, and boundary of the Resource Protection Area;

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

                  (3)   A nonconforming use and development waiver shall become null
                        and void twelve months from the date issued if no substantial
                        work has commenced. A single one-year extension of a
                        nonconfoming use and development waiver may be given upon
                        written reguest by the applicant to the Director of Planning
                        and Code Compliance made within ninety (90) days before the
                        expiration of the approved waiver.


            Section 8.15      Exemptions.

                  A.    Exemptions for Utilities. Railroads, and Public Roads.


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

                        a.    To the degree possible, the location of such utilities
                              and facilities shall be outside RPAs;

                        b.    No more-land shall be disturbed than is necessary to
                              provide for the desired utility installition;

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


                                                26









                        d.   Any land disturbance exceeding an area of 2,500 square
                             feet complies with all King George County erosion and
                             sediment control requirements.

                  B.    Exemptions for Silvicultural Activities.


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

                  C.    Exemptions in Resource Protection Areas.


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

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

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

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

                  (4)   Any land disturbance exceeding an area of 2500 square feet
                        shall comply with all King George County erosion and sediment
                        control requirements.


            Section 8.16     Exceptions.

                  A.    A request for an exception to the requirements of this Overlay
            District shall be made in writing to the Director of Planning & Code
            Compliance. It shall identify the impacts of the proposed exception on
            water quality and on lands within the RPA through the performance of a
            water quality impact assessment which complies with the provisions of
            Section 8.12.


                  B.    The Director of Planning & Code Compliance shall review the
            request for an exception and the water quality impact assessment and may
            grant the exception with such conditions and safeguards as deemed necessary
            to further the purpose and intent of this Article if the Director of
            Planning & Code Compliance finds:


                                                27










                  (1)   Granting the exception-will not confer upon the applicant any
                        special privileges that are denied by this Article to other
                        property owners in the Overlay District;
                  (2)   The exception request is not based upon conditions or circum-
                        stances that are self-created or self-imposed, nor does the
                        request arise from conditions or circumstances either permitted
                        or non-conforming that are related to adjacent parcels;

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

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

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

                  C.    If the Director of Planning & Code Compliance cannot make the
            required findings or refuses to grant the exception, the Director of Plan-
            ning & Code Compliance shall return the request for an exception together
            with the water quality impact assessment and the written findings and
            rationale for the decision to the applicant, with a copy to the Board of
            Zoning Appeals. The applicant may then apply to the Board of Zoning
            Appeals for a variance as provided in Section 5.6 of the Zoning Ordinance.

                  D.    The Board of Zoning Appeals shall consider the water quality
            impact assessment and the findings and rationale of the Director of
            Planning & Code Compliance in determining harmony with the intended spirit
            and purpose of this Article.


            2.    That the provisions of this ordinance shall be in force upon
                  adoption.



            ATTEST:
                        L. Eldon James, Jr.                Chairman, King George County
                        County Administrator               Board of Supervisors


            This amendment was funded, in part, by the Virginia Concil on the
            environment program through grant #NA89AA-D-CZ134 of the National Oceanic
            and Atmospheric Administration under the Coastal Zone Management Act of
            1972, as amended.



                                                 28











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