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                                                                      Appendix L23
                                                                      (Final Product)


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                                           ORDINANCE NO. 4098-90




             @AN ORDINANCE   TO AMEND AND REORDAIN THE CODE OF THE CITY OF              NEWPORT
             NEWS, VIRGINIA, BY ADDING THERETO A NEW APPENDIX, DESIGNATED APPENDIX D,
             CHESAPEAKE BAY PRESERVATION ORDINANCE.

                  BE IT ORDAINED by the Council of the City of Newport News:

                  1.   That the Code of the City of Newport News, Virginia, be and the same
             hereby is, amended and reordained by adding thereto a new Appendix, designated
             Appendix D,    Chesapeake Bay   Preservation Ordinance, to provide as follows:


                                                APPENDIX D
                                 U
                                  CHESAPEAKE BAY PRESERVATION ORDINANCE       OEC      1990

             Section 1-01.       Findings of Fact.

                  The Chesapeake Bay and its perennial tributaries constitute one of the
             most important and productive estuarine systems i      *n the world, providing
             economic and social benefits to the citizens of Newport News and the Common-
             wealth of Virginia. The health of the Bay is vital to maintaining Newport
             News' 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 waters are worthy of protection from degradation to
             guard against further pollutioni Certain lands that are proximate to shore-
             lines 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, these lands
             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 City Council as Chesapeake Bay Preservation
             Areas, need   to be  protected when developed to protect the    quality of water
             in the Bay and consequently the quality of life in the City of Newport News and
             the Commonwealth of Virginia.

             Section 1-02.       Purpose and Intent.

                  A.   This ordinance is adopted to implement the requirements of   Section
             10.1-2100 et seq. of the Code of Virginia (The Chesapeake Bay Preservation
             Act). The intent of the City Council and the purpose of this ordinance is to:
             (1) protect existing state and community waters; (2) restore state waters to a
             condition or quality that will permit all reasonable public uses and will sup-
             port the propagation and growth of all aquatic life, including game fish,
             which might reasonably be expected to inhabit them; (3) prevent any further

                                                               COASTAL ZONE
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              increase in nonpoint source pollution; (4) reduce existing nonpoint source
              pollution in state and community waters in order to provide for the health,
              safety, and welfare of the present and future citizens of the City of Newport
              News.

                   B.   A Chesapeake Bay Preservation Area Map has been prepared and adopted
              by City Council that overlays the City's topographic maps at 1:200 scale,
              so that any parcel of land lying in these areas can be generally identified.
              Unless otherwise stated in this ordinance, the review and approval procedures
              provided for in Chapter 13, Building Regulations; Chapter 35, Soil Removal and
              Other Land-disturbing Activities; Chapter 44, Wetlands; and, Appendices A, Zoning
              Ordinance; B, Subdivision Regulations; C.    Site Plan Ordinance; and, all   other
              applicable ordinances shall be followed        in    reviewing   and     approving
              development, redevelopment, and uses governed by this ordinance.

              Section 1-03.       Definitions.

              The following words and terms used in this ordinance have the following
              meaning, unless the context clearly indicates otherwise:

                 1. Agricultural lands. Those lands used for the planting and harvesting of
              crops or plant growth of any kind in the open, pasture, horticulture, dairy-
              ing, floriculture, or the raising of poultry and/or livestock, except land
              used for gardening or landscaping.

                 2. Best Management Practices (BMP). A practice, or a combination of prac-
              tices, that is determined to be the most effective, practical means of pre-
              venting or reducing the amount of pollution generated by nonpoint sources to a
              level compatible with water quality goals.

                 3. Buffer area.    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.

                 4. Chesapeake Bay Preservation Area. Any land designated as such on the
              Map adopted by the City Council subject to the determination of the Director
              of Planning and Development on a site-specific basis. A Chesapeake Bay Pres-
              ervation Area shall consist of a Resource Protection Area, a Resource Manage-
              ment Area and any designated Intensely Developed Area.

                 5. Development.    The construction, or substantial alteration, of any im-
              provements upon a parcel of land or any land disturbance associated with those
              improvements.

                 6. Diameter at breast height. The diameter of a tree measured outside its
              bark at a point four and one-half (4.5) feet above the existing grade.

                 7. Disturbed land area. An area cleared or graded as necessary for the
              construction of such improvements including, but not limited to, buildings,
              roads and drives, parking areas, and sidewalks.

                 8. Dripline. A vertical projection to the ground surface from the furthest

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             tips of a tree's leaf canopy.

                9. Impervious cover. A surface composed of any material which
             significantly impedes or prevents natural infiltration of waterinto the soil
             including, but not limited to: buildings and other structures and their
             components, streets, parking, and any concrete, asphalt, or compacted gravel
             surface.

                10. Intensely Developed Areas. Any portion of a Resource Protection Area or
             a Resource Management Area designated by the City Council where development is
             concentrated and little of the natural environment remains.

                11. Map. The Chesapeake Bay Preservation Area Map.

                12. Nonpoint source pollution. 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.

                13. Nontidal wetlands. Those wetlands other than tidal wetlands that are
             inundated or saturated by surface or ground water at a frequency and duration
             sufficient to support, and that under normal circumstances do support a
             prevalence of vegetation typically adapted for life in saturated soil
             conditions, as defined by the U.S. Environmental Protection Agency, in 33
             C.F.R. 328.3b, dated November 13, 1986.

                14. Noxious weeds.     Weeds that are difficult to control        effectively,
             including, but not limited to Johnson Grass, Kudzu, and multiflora rose.

                15. Plan of Development. The process for site plan or subdivision plan
             review to ensure compliance with Section 10.1-2109 of the Code of Virginia and
             this appendix, prior to any clearing or grading of a site or the issuance of a
             building permit.

                16. Redevelopment. The process of developing land that was previously
             developed; provided that to be considered developed a parcel must be covered by
             at least 60% impervious improvements, and provided further than no parcel shall
             be considered developed which has remained devoid of improvements for at least
            .five (5) years.

                17. Resource Management Area (RMA). 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 a Resource Protection Area.

                18. RMA Components - See Section 1-04.A.2.

                19. Resource Protection Area (RPA). 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 and local waters.

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                20. RPA Components - See Section 1-04.A.I.

                21. Tidal shore. The area of land between mean low water level and mean
              high water level.

                22. Tidal wetlands. Vegetated and nonvegetated wetlands as defined in
              Section 62.1-13.2 of the Code of Virginia.

                23. Tributary stream. Any perennial stream depicted as such on the U.S.
              Geological Survey 7-1/2 minute topographic quadrangle map photorevised in
              1986 (scale 1:24,000).

                 24. Water-dependent facility.      A development of land that cannot exist
              outside of the Resource Protection Area and must be located on the shoreline
              by reason of the intrinsic nature of its operation. These facilities include:

                   a.   Beaches and other public water-oriented recreation areas.
                   b.   Boat repair yards.
                   C.   City, State and Federal facilities.
                   d.   Docks, piers, ports, launch ramps, access roads and paths.
                   e.   Dry docks.
                   f.   Facilities operated by educational institution for water-dependent
                        research.
                   g.   Fisheries or other marine resources facilities.
                   h.   Freight staging areas including dry bulk and liquid bulk.
                   i.   Fresh water and ice.
                   j.   Fueling areas.
                   k.   "High and dry" automated boat storage equipment.
                   1.   Intake and outfall structures.
                   M.   Loading and unloading areas :
                   n.   Marinas and other boat docking structures.
                   0.   Marina offices and clubhouses including lockers and rest room
                        facilities.
                   p.   Mooring slips and buoys.
                   q.   Nature study and passive recreation facilities with no structures or
                        impervious surfaces.
                   r.   Phone and electric hook-ups.
                   S.   Public access areas.
                   t.   Rail lines.
                   U.   Seafood off-landing, handling and processing.
                   V.   Sewage pump-out and dioxide toilets.
                   W.   Sewage treatment plants.
                   X.   Shipbuilding, repair, maintenance yards and support facilities.
                   y.   Shore facilities for agriculture.
                   Z.   Water treatment plants.
                  aa.   Wet dock shop facilities.


                25. Wetlands. Any tidal or nontidal wetlands connected by surface flow to
              tidal wetlands and contiguous to perennial tributary streams.


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               Section 1-04 Areas of Applicability.

                    A.  The provisions of the Resource Protection Areas and Resource Management
               Areas shall   apply to all lands so adopted by the City      Council and as    shown
               on the designated Map. The Map, together with all explanatory matter thereon,
               shall be adopted by the City Council and shall be a part of this appendix.

                    1.    The components of a Resource Protection Area are:

                          (a)  Tidal wetlands;

                          (b)  Nontidal wetlands connected by surface flow and contiguous
                               to tidal wetlands or perennial tributary streams;

                          (c)  Tidal shores; and

                          (d)  A 100-foot vegetated buffer area located adjacent to and
                               landward of the components listed in subsections (a) through
                               (c) above, and along both sides of any perennial tributary
                               stream.     Perennial tributaries shall not include manmade
                               watercourses such as any ditch, canal, culvert, drain, or a
                               waterbody used in a system to achieve stormwater management
                               either by detention or retention of stormwater runoff.

                    2.    The components of a Resource Management Area shall consist of all
                          lands within one hundred (100) feet landward of the Resource
                          Protection Area buffer and in addition in6ludes all land containing
                          slopes greater than 15%. In no case shall the Resource Management
                          Area boundary extend beyond the closest boundary of the nearest
                          public street.

                    3.    The City Council may designate at their option Intensely Developed
                          Areas in the City which shall serve as redevelopment areas in which
                          development is concentrated. Areas So designated shall comply with
                          the    performance    criteria     for    redevelopment     in    Section
                          1-06, Performance Standards.

                    B.    The Chesapeake Bay Preservation Area      Map is hereby     declared to
                          delineate  the general     location   of Chesapeake Bay Preservation
                          Areas. The Director of Planning and Development shall have the final
                          authority in cases of uncertainty to determine the extent of these
                          areas by application of the criteria set forth in this section.

               Section 1-05      Interpretation of Chesapeake Bay Preservation Areas

                    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
               and Development, in accordance with Section 1-07, Plan of Development. The


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              Chesapeake Bay Preservation 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
              Chesapeake Bay Preservation Areas, the Director of Planning and Development
              will verify the accuracy of the boundary delineation.         In determining the
              site-specific RPA boundary, the Director of Planning and Development may
              render adjustments to the applicant's boundary delineation, in accordance with
              Section 1-07, Plan of Development.       In the event the adjusted boundary
              delineation is contested by the applicant, the applicant may seek relief, in
              accordance with the provisions of Section 1-07.1. (Denial/Appeal of Plan).

              Section 1-06.     Performance Standards.

              I. Purpose and Intent

                   The performance standards establish     the means to minimize erosion and
              sedimentation potential, reduce land application of nutrients and toxics, and
              maximize rainwater infiltration.       Natural ground cover, especially woody
              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 infiltration 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.

              II. General Performance Standards for Development and Redevelopment.

                   A.    Chesapeake Bay Preservation Areas

                         1.   All development and redevelopment exceeding 2,500 square feet
                              of land disturbance in the Chesapeake Bay Preservation Area
                              shall be subject to a plan of development process, including
                              the approval of a site plan in accordance with the provisions
                              of the"Site Plan Ordinance.

                         2.   Development in Resource Protection Areas may be allowed only if
                              it: (i) is water-dependent; or (ii) constitutes redevelopment.
                              Best management practices are exempt from this requirement if
                              these improvements are placed within that portion of a required
                              buffer no more than fifty (50) feet from an abutting Resource
                              Management Area boundary line.

                         3.   A water quality impact assessment shall be required for any
                              proposed   development    or   redevelopment    within     Resource

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                              Protection Areas based upon the intensity of development and in
                              accordance with the provisions of Section 1-07, Plan of
                              Development.

                         4.   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
                                    clearly shown on submitted plans and physically marked on
                                    the development site.

                              b .   Where  feasible,  ingress   and egress during construction
                                    shall be limited    to one access point, unless otherwise
                                    approved by the Director of Engineering.

                         5.   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.    Existing trees over six (6) inches diameter at breast
                                    height (DBH) shall be preserved outside the limits of land
                                    disturbance.    Diseased trees or trees weakened by age,
                                    storm, fire, or other injury may be removed.

                              b.    Clearing shall be allowed only to provide necessary visual
                                    and   vehicular access, positive site drainage, water
                                    quality BMPs, and the installation      of     utilities     as
                                    approved by the Director of Engineering.

                              C.    Prior to    clearing or     grading, suitable       protective
                                    barriers,such as fencing shall be erected five (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 unless
                                    otherwise authorized by the Director of Engineering.

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

                              a.    Pervious surfaces, such as grid and modular pavements,
                                    shall be considered for any required parking area, alley,
                                    or other low traffic driveway and approved by the Director
                                    of Engineering.

                              b.    Parking requirements shall be otherwise governed by the
                                    Zoning Ordinance.


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                         7.   Notwithstanding any other provisions of this ordinance or
                              exceptions or     exemptions    thereto,    including     gardening,
                              landscaping and maintenance activities, any land disturbing
                              activity exceeding 2,500 square feet in a Chesapeake Bay
                              Preservation Area, shall comply with the requirements of
                              Chapter    35 of the      City Code, Soil      Removal and other
                              Land-Disturbing Activities.

                         8.   All on-site sewage disposal systems not requiring a Virginia
                              Pollutant Discharge Elimination System (VPDES) permit shall be
                              pumped out at least once every five years.

                         9.   A reserve sewage disposal site with a capacity at least equal
                              to that of the primary sewage disposal site shall be provided.
                              The requirement shall    not  apply   to  any   lot or  parcel
                              recorded prior   to October 1, 1989, if the area of such lot or
                              parcel is not sufficient to accommodate a reserve sewage disposal
                              site, as determined by the Department of Public Health. 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.

                         10.  For any development or redevelopment that exceeds those land
                              disturbance    levels identified      in 7.    immediately above,
                              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 of a site shall not exceed the
                                    pre-development load for the drainage basin where the site
                                    is located and the load shall be based on the calculated
                                    land cover conditions of that drainage basin;

                              (b)   For redevelopment of sites within a Chesapeake             Bay
                                    Preservation Area, the nonpoint source pollution load of a
                                    site shall be reduced by 101/o based on the existing
                                    pre-development conditions of the site.      The Director of
                                    Engineering may waive or modify this requirement for
                                    redevelopment sites that originally incorporated best
                                    management   practices    for    stormwater  runoff quality
                                    control, 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 Engineering 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 section.

                             (c)   Compliance with a state or locally implemented program of
                                   stormwater discharge permits pursuant to 402 (p) of the
                                   federal Clean Water Act, as set forth in 40 C.F.R. Parts
                                   122, 123, 124, and 504, dated December 7, 1988, shall be
                                   considered to comply with the requirements of subsections
                                   (a) and (b).

                             (d)   For a redevelopment site that is completely impervious as
                                   currently developed, restoring a minimum 20% of the site
                                   to vegetated open space shall be considered to comply with
                                   subsection (b).

                             (e)   The Director of Engineering, may consider relaxing the 10%
                                   reduction of nonpoint source pollution loads where it can
                                   be demonstrated that an infill site within a Chesapeake
                                   Bay Preservation Area'is predominately covered in natural
                                   vegetation or it is at the outfall of a drainage basin and
                                   the 10% reduction could not be achieved.

                             (f).  For redevelopment, both the pre- and post- development
                                   loadings shall be calculated using the same procedures.
                                   However, where the design data are available, the original
                                   post-development nonpoint source pollution loadings can be
                                   substituted for the existing development loadings.

                   11.  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 Engineering, in
                        accordance with Section 1-07. In lieu of the aforesaid permits, the
                        applicant may present a letter from a licensed engineer certifying
                        that in hi.s opinion no such permits are required.

                   12.  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.

                   B. Resource Protection Buffer Area Requirements.


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                     To minimize the adverse effects of human activities on the other
               components of Resource Protection Areas, state waters, and aquatic life, it is
               recognized that a 100-foot vegetative buffer area is effective in retarding
               runoff, preventing erosion, and filtering nonpoint source pollution from
               runoff.

                     The buffer area shall be located adjacent to and landward of other RPA
               components and along both sides of any natural tributary stream.                The full
               buffer area shall be designated as the landward component of the RPA, in
               accordance with Sections      1-04,  Areas   of Applicability and       1-07,   Plan    of
               Development.

                     The 100-foot buffer area shall be deemed to achieve a 75% reduction of
               sediments and a 40 percent reduction of nutrients. A combination 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 Engineering after consideration
               of the Water Quality Impact Assessment, in accordance with Section 1-07, Plan
               of Development.

                     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, vehicular 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, vistas, and vehicular access provided that where
                                removed, they shall be replaced with other vegetation, except
                                for vehicular access,      that is   equally effective in retarding
                                runoff,    preventing   erosion,    and   filtering nonpoint      source
                                pollution from runoff.

                           (b)  Any path shall be constructed and surfaced so as not to
                                increase erosion.

                           (c)  Dead, diseased, or dying trees or shrubbery may be removed at
                                the discretion of        the    landowner,     and    landscaping      or
                                agricultural 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.


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                     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 and Development, after consulting
                           with the Director of Engineering, may modify the width of the buffer
                           area in accordance with Section 1-07, 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 unless in accordance with Section 1-07.

                     3.    Redevelopment within a Resource Protection Area may be exempt from
                           the buffer area if adjacent land has in place best management
                           practices or the redevelopment is in accordance with Section 1-07,
                           Plan of Development.

                     4.    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 agricultural
                                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 ordinance.

                           (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 conservation plan
                                approved by the local Soil and Water Conservation District.

                     5.    Redevelopment within Intensely Developed Areas is exempt from the
                           requirements of this subsection.


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                  C.    Intensely Developed Areas

                        The Council may designate intensely developed areas as an overlay of
                        the Chesapeake Bay Preservation areas within the City.       For the
                        purpose of this appendix, intensely developed areas shall serve as
                        redevelopment areas in which development is concentrated as of the
                        adoption date of this appendix. Areas so designated shall comply
                        with the performance criteria for redevelopment noted in Section
                        1-06 11. A. 10. (b).

             Section 1-07.        Plan of Development.

             A. Required Information.

                  In addition to the requirements of Appendix C, Site Plan Ordinance, or
             the requirements of Appendix B, Subdivision Ordinance, of the City Code, the
             plan of development process shall consist of the plans and studies identified
             below. These required plans and studies may be coordinated or combined, as
             deemed appropriate by the      Director of Engineering.      The   Director of
             Engineering   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 noted
             in each subsection:

                        1.  An environmental site assessment;

                        2.  A landscaping plan;

                        3.  A stormwater management plan;

                        4.  An erosion and sediment control plan in accordance with the
                            provisions of Chapter 35 of this Code.

                        5.  A water quality impact assessment as necessary under the
                            requirements of Subsection F.

             B.   Environmental Site Assessment.

                  An environmental site assessment shall be submitted in conjunction
             with preliminary site plan or preliminary subdivision plan approval
             for any development or redevelopment exceeding 2,500 square feet of
             land disturbance in a Chesapeake Bay Preservation Area.

             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;

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                     (d) A 100-foot buffer area located adjacent to and landward of
                           the components listed in subsections (a)         through      (c)
                           above, and along both sides of any perennial 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 Resource Protection
                     Area.

               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 requirement may be
                     waived by the Director of Engineering when the proposed use or
                     development would result in less than 2,500 square feet of
                     disturbed area.

               C.    Landscaping Plan.

                     A landscaping plan 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 certified by                  design
               professionals practicing within their areas of competence as prescribed by the
               Code of Virginia.

                     1.    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 six
                                (6) inches or greater DBH shall be shown on the landscaping
                                plan. Where there are groups of five or more trees, stands may
                                be outlined instead. The specific number of trees six (6)
                                inches or greater DBH to be preserved outside of the land
                                disturbance area shall be indicated on the plan. Trees to be
                                removed shall be clearly delineated on the landscaping plan.
                                The plan shall be consistent with Appendix C of the City Code,
                                Site Plan Ordinance.

                           (b)  Any required buffer area shall be clearly delineated and any
                                plant material to be added to establish or supplement the
                                buffer area, as required by this ordinance, shall be shown on
                                the landscaping plan.

                           (c)  Within the buffer area, trees to be removed for sight lines,

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                               vistas, vehicular      access,    paths,   and    best    management
                               practices, as provided for in this ordinance shall be shown on
                               the plan. Vegetation required 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 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, consistent with such measures as
                               described in Appendix C, Site Plan Ordinance of t.he City Code.

                    2. Plant   Specifications.

                          (a)  All plant materials necessary to supplement the buffer area or
                               vegetated areas outside the disturbed land area shall be
                               installed in accordance with the specifications referred to in
                               Appendix C, Site Plan Ordinance of this Code.

                          (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.

                          (ic) Where areas to be preserved, as designated on an approved
                               landscaping plan, are encroached upon 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 two and one-half (2.5) inches DBH at the time of
                               planting.

              D.    Stormwater Management Plan.

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

                    1.    Contents of the Plan.

                          The stormwater management plan shall contain maps, charts, graphs,
                          tables,   photographs, narrative descriptions, explanations, and
                          citations to supporting references as appropriate to communicate the
                          information    required by this ordinance.          At a minimum, the

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                        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 which can be described in narrative
                             form.

                        (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 IIIB Surveyor Certification;

                  2.    Site-specific facilities shall     be designed for     the ultimate
                        development of that site based on zoning, comprehensive 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 the City's Design
                        Criteria Manual and the City's Standards and Specifications Manual.

                  4.    The plan shall establish a long-term sehedule 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 the City of Newport News then a maintenance
                        agreement shall be executed between the responsible party and the
                        City.

             E. Erosion and Sediment Control Plan.

                  An erosion and sediment control plan shall be submitted that satisfies
             the requirements of, and in accordance with, Chapter 35 of this Code, in
             conjunction with site plan or subdivision plan approval.

             F. Resource Protection Area Water Quality Impact Assessment

                  1.    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 the Resource Protection Areas; (ii) ensure that, where development
                  does take place within these areas, it will be the least disruptive;
                  (iii) provide for administrative relief from the terms of this ordinance
                  when warranted and in accordance with the requirements contained herein;
                  and (iv) specify mitigation which will address water quality protection.

                  2. Water Quality Impact Assessment Required.

                                                   15










                          A water quality impact assessment is required for any proposed
                     development    within   a Resource    Protection Area, including any        buffer
                     area modification or reduction as provided for in Section 1-07 unless
                     waived by the Director of Engineering. There shall be two levels of water
                     quality impact assessments: a minor assessment and a major assessment.

                     3. Minor Water Quality Impact Assessment.

                          A minor     water quality       impact assessment      pertains only        to
                     development within the Resource Protection Area which causes no more than
                     5,000 square feet of land disturbance and requires any modification or
                     reduction    of the landward 50 feet of the 100-foot buffer area.
                     Submission of a plan of development that demonstrates through the use of
                     calculations provided for by Section 1-07(d)(1) 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 shall be deemed to have satisfied the
                     requirement for a minor water quality impact assessment.

                     4. Major Water Quality 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 a Resource Protection Area and requires any modification or
                     reduction of the landward 50 feet of the 100-foot buffer area, or (ii)
                     disturbs any portion of the seaward 50 feet of the 100-foot buffer area
                     or any other component of an RPA.        The information required in this
                     section shall be considered a minimum, unless the Director of Engineering
                     determines that some of the elements are unnecessary due to the scope and
                     nature of the proposed use and development of land.

                          (a) A hydrogeological element that:

                                 (1) Describes the existing topography, soils, hydrology and
                                     geology of the site and adjacent lands.

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

                                 (3) Describes the proposed         mitigation measures for         the
                                     potential hydrogeological impacts which may include:

                                     a.   Proposed erosion and sediment controls; including
                                          minimizing the extent of the cleared area, and cut and
                                          fill,    perimeter    controls,     reduction    of runoff
                                          velocities, measures to stabilize        disturbed areas,
                                          schedule and personnel for site inspection;

                                     b. Proposed stormwater management system;


                                                         16










                                   c. Creation of wetlands to replace those lost; and

                                   d. Minimizing cut and fill.

                        (b) A landscape element that describes the potential measures for
                              mitigation of the water quality and land impacts including:

                              (1)  Replanting schedule for trees and other          significant
                                   vegetation removed for construction;

                              (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;
                                   and

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

                        (c)   As part of any major water quality impact assessment submittal,
                              the City Manager, upon the recommendation of the Director of
                              Planning and Development and the Director of Engineering, may
                              require review    by the    Chesapeake Bay     Local Assistance
                              Department (CBLAD).    Upon receipt of a major water quality
                              impact assessment, the City Manager, upon the recommendation of
                              the Director of Planning and Development and the Director of
                              Engineering, 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 Engineering, provided
                              that such comments are provided by CBLAD within 90 days of the
                              request.

                   5. Evaluation Procedure.

                        (a)   Upon the completed review of a minor water quality impact
                              assessment, the Director of Engineering will determine if any
                              proposed modification or reduction to the buffer area is
                              consistent with the provisions of this appendix and that the
                              following criteria have been satisfied:

                              1.   The proposed encroachment     is necessary due     to the
                                   inability to place improvements elsewhere on the site to
                                   avoid disturbance of the buffer area;

                              2.   Impervious surface is minimized;

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

                              4    The development, as proposed, meets the purpose and intent
                                   of this ordinance.

                                                    17










                        (b)  Upon the completed review of a major water quality impact
                             assessment, the Director of Engineering will determine if the
                             proposed development satisfies the following criteria:

                             (1)  Within    any    RPA,   the     proposed    development      is
                                  water-dependent;

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

                             (3)  Proposed stormwater management concepts are adequate to
                                  control the stormwater runoff to achieve the required
                                  performance standard for pollutant control;

                             (4)  Proposed re-vegetation of disturbed areas will provide
                                  optimum erosion and sediment control benefits;

                             (5)  The cumulative impact of the proposed development, when
                                  considered    in relation to other development in the
                                  vicinity, both existing and proposed, will not result in a
                                  significant degradation of water quality.

             (G) Final Plan.

                        1.   Final plans for all lands within a Resource Protection Area
                             shall include the following additional information:

                        (a)  The delineation of the Resource Protection Area boundary;

                        (b)  The delineation of required buffer areas;

                        (c)  Evidence of all wetlands permits required by law or a letter
                             from a licensed engineer certifying that in his opinion no such
                             permits are required; and

                        (d)  A maintenance agreement as deemed necessary and appropriate by
                             the Director of Engineering to ensure proper maintenance of
                             best management practices in order to continue their functions.

                  2. Installation and Surety Requirements.

                        (a)  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 the City of Newport News a form of surety
                             satisfactory to the City Attorney in amount equal to the
                             remaining plant materials, related materials, and installation
                             costs of the required landscaping or other specifications or
                             maintenance costs for any required stormwater           management

                                                     18












                              facilities.

                         (b)  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 City of Newport
                              News.

                        (c)   All required    stormwater management      facilities or      other
                              specifications shall be installed and approved within 18 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 City of Newport News. The City of Newport News
                              may collect from the applicant the amount      by    which      the
                              reasonable cost of required actions exceeds the amount of the
                              surety held.

                        (d)   After all required actions of the approved 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
                              Engineering, such unexpanded or unobligated portion of the
                              s.urety held shall be refunded to the applicant or terminated
                              within sixty (60) days following the receipt of the applicant's
                              request for final inspection. The Director of Engineering may
                              require a certificate      of substantial completion       from a
                              Professional   Engineer or Class III B Surveyor before making a
                              final inspection.

                   (H) Administrative Responsibility.

                        Administration of the plan of development process shall be in
             accordance with Appendix C, Site Plan Ordinance.

                   (I) 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 City Manager. Such appeals must be in writing and be filed
             within ten (10) working days of the decision from which appeal is sought.
             Prior to granting relief to an application, the City Manager must find that
             the plan is in accordance with all applicable ordinances and includes all
             necessary elements to mitigate any detrimental impact on water quality. If
             the City Manager finds that the applicant's plan does not meet the above
             stated criteria, he shall deny the relief sought.

             Section 1-08.     Development Waivers.

                  The lawful use of a building or structure which existed on the        adoption
             date of the appendix and which is not in conformity with these provisions may
             be continued.


                                                     19










                   No expansion of existing structures shall be allowed with the exception
              that:

                   1.   The Director of Planning and Development may grant a development
                        waiver for the expansion of existing structures provided that the
                        Director of Engineering has certified that:

                        (a)  There wi 11 be no net increase in nonpoint source pollution
                             load;

                        (b)  Any development or land disturbance exceeding an area of 2,500
                             square feet complies with all erosion and sediment control
                             requirements.

                   2.   Structures existing within the Chesapeake Bay Preservation Areas as
                        of the adoption date of the appendix which are destroyed by casualty
                        or Act of God may be reconstructed as a matter of right, provided
                        that reconstruction begins within two (2) years of the casualty,
                        reconstruction is, thereafter, diligently pursued, and the new
                        structure   is constructed entirely on or within the boundary
                        (footprint) of the original structure.

                   3.   No development waiver shall be required to perform normal
                        maintenance on any structure within a Chesapeake Bay Preservation
                        Area existing on the adoption date of this7 appendix.

             Section 1-09.    Exemptions for Utilities, Railroads and Facilities.

                   1.   Construction, installation, operation, and maintenance of electric,
                        gas, CATV lines, railroads, and public roads and their appurtenant
                        structures in accordance with the Erosion and Sediment Control Law
                        (10.1-560 et seq. of the Code of Virginia) or erosion and sediment
                        control plan approved by the Virginia Soil and Water Conservation
                        Board   will be    deemed to     constitute compliance     with this
                        appendix.

                   2.   Construction, installation, and maintenance of water, sewer, and
                        local gas lines shall be exempt from the criteria in this appendix
                        provided that:

                        a.   To the degree possible, the location of such utilities and
                        facilities should be outside Resource Protection Areas;

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

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


                                                    20









                        d.   Any land disturbance exceeding an area of 2500 square feet
                        complies with all erosion and sediment control requirements of this
                        appendix.

                   B.   Exemptions for Forestry Activities.

                        Forestry activities are exempt from the requirements of this
                        appendix provided that such operations adhere to water
                        quality protection procedures prescribed by the Department of
                        Forestry in its "Best Management Practices Handbook for Forestry
                        Operations.11

                   C.   Exemptions in Resource Protection Areas.

                   The  following land disturbances may be exempted in the             Resource
             Protection Areas: (i) water wells; (ii) passive recreation 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 and Development that:

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

                   (2)  Any land disturbance exceeding an area of 2,500 square feet shall
                        comply with all City of Newport News erosion and sediment control
                        requirements.

             Section 1-10.        Exceptions.

                   A.   A request for an exception to the requirements of this ordinance
             shall be made in writing to the Director of Planning and Development. It
             shall identify the impacts of the proposed exception on water quality and on
             lands within the Resource Protection Areas through the performance of a water
             quality impact assessment which complies with the provisions of Section 1-07
             F.

                   B. The Chesapeake Bay Compliance Committee 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 ordinance if the Chesapeake Bay Compliance
             Committee  finds:

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

                   (2)  The exception request will be in harmony with the purpose and intent
                        of this ordinance, and not injurious to the neighborhood or
                        otherwise detrimental to the public welfare.

             Section 1-11.      Conflict with other Regulations.

                   In any case where the requirements of this ordinance conflict with any
             other provision of the Code of the City of Newport News or existing state or

                                                     21









              federal regulations, whichever imposes the more stringent restrictions shall
              apply-

              Section 1-12.      Enforcement

              Any person who violates any of the provisions of this ordinance shall be
              guilty of a misdemeanor, punishable by a fine of not more than $1,000.00.
              Each day's continuance of such violation shall constitute a separate offense.



                   2.   This ordinance shall be effective on and after July 1, 1991.







                PASSED BY THE COUNCIL OF THE CITY OF NEWPORT NEWS, SEPTEMBER 18, 1990.




                Bernice I. Berry, CMC/AAE                              Barry E. DuVal
                      City Clerk                                           Mayor





                A true copy, teste:






                City Clerk




















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