Chesapeake Bay Preservation Area Overlay District Chesapeake Bay Preservation Ordinance

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

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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.

'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

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.

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.

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.

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.

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

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;

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-

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;

(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

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;

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:

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-

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).

(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.

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.

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;

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;

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

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;

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

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:

(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.

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