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




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                   or- IOOQ
                  V





                                                           Appendix L29
                                                           (Final Product)




                                 ORDINANCE NO.                       -?/,


                     AN ORDINANCE OF THE CITY OF POQUOSON, VIRGINIA
                      AMENDING THE ZONING ORDINANCE TO ESTABLISH
                      A CHESAPEAJM BAY PRESERVATION AREA OVERLAY
                                        DISTRICT




                               the City Council of the City of Poqupson
          recognizes  that 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 the City
          of Poquoson and the Commonwealth of Virginia; and whereas the
          health of the Bay is vital to maintaining the City of Poquoson's
          economy and the welfare of its citizens; and

                     WHEREAS, the Chesapeake Bay waters have been degraded
          significantly by many sources of pollution, including nonpoint
          source pollution from land uses and development and whereas
          existing high quality waters are worthy of protection from
          degradation to guard against further pollution and whereas certain
          lands that are proximate to shorelines have intrinsic water quality
          value due to the ecological and biological processes they perform
          and other lands have severe development constraints from flooding,
          erosion, And soil limitations and whereas with proper management,
          they offer significant ecological benefits by providing water
          quality maintenance and pollution control,@ as well as flood and
          shoreline erosion control and whereas these lands together,
          designated by the City Council of the City of Poquoson as
          Chesapeake Bay Preservation Areas (hereinafter 'ICBPAs"),r 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 the City of Poquosqn and the Commonwealth of Virginia.

                     NOW, THEREFORE, BE IT ORDAINED, BY THE COUNCIL OF THE
          CITY.OF POQUOSONr VIRGINIA:



                     Section 1:   That the Zoning Ordinance of the City of
          Poquoson, Virginia be and the same hereby is amended to establish
          a Chesapeake Bay Preservation Area Overlay District by adding
          Article XV to read as follows:



                     COASTAL ZONE
         rZ
                  INFORMATION C-LNTER
         r'X.Z

                    C'd











                      ARTICLE XV: CHESAPEAKE BAY PRESERVATION AREA
                                     OVERLAY DISTRICT



                             Section 15-1 General   Provisions



           15-1-1:    Title.


                This               shall be known and referenced as the
          _"Chesapeake Bay-Preservation Area Overlay District Ordinance" of
           the City of Poquoson.


           15-1-2:    Purpose and Intent.

                (1)  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 Zoning Ordinance
           of the City of Poquoson.. Virginia.       Healthy state and local
           economies and a healthy Chesapeake Bay are integrally related;
           balanced economic development and water quality protection are not
           mutually exclusive. The intent of the City Council of the City of
           Poquoson 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 resource
           conservation while balancing economic interest and the interest of
           individual single family homeowners in order to provide for the
           health, safety, and welfare of the present and future citizens of
           the City of Poquoson.

               (2) 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 the Subdivision Ordinance, Site Plan Ordinance,
           Building and Building Regulations Ordinance, and Erosion and
           Sediment Control Ordinance of the City of Poquoson shall be
           followed in reviewing and approving development, redevelopment, and
           uses governed by this Ordinance.


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                (3) This Ordinance 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).n



          .-15-1-3: 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.


                (1)   "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.

                (2) "BEST 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.

                (3) "BUFFER AREA": 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.


                (4) "CHESAPEAKE BAY PRESERVATION AREA" or "CBPAII: means any
           land designated by the City Council of the City of Poquoson
           pursuant to Part III of the Chesapeake Bay Preservation Area
           Designation and Manactement Recrulations, 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.


                (5) "CONSTRUCTION FOOTPRINT": means the area of all
           impervious surface includingf but not limited to, buildings, roads
           and drives, parking areas, and sidewalks and the area necessary for
           construction of such improvements.


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                 (6) "DEVELOPMENT": means the construction, or substantial
           alteration, of residential, commercial,, industrial,' institutional,
           recreation, transportation, or utility facilities or structures.


                 (7)  "DIAMETER AT BREAST HEIGHT" or 11DBH11: means the diameter
           of a tree measured outside the bark at a point 4.5 feet above
           ground.

                 (8)  7DRIPLINE": means a vertical projection to the ground
           surface  from the furthest lateral extent of a tree's leaf canopy.,

                 (9)  "FLOODPLAIN": means all lands designated by the Federal
           Emergency Management Agency (FEMA) that would be inundated by flood
           water as a result of a storm event of a 100-year return interval.

               . (10) "HIGHLY ERODIBLE,SOILS": means soils (excluding
           vegetation) with an erodibility index (EI) f rom sheet and rill
           erosion equal to or greater than eight. The erodibility index for
           any soil is defined as the product of the f ormula RKLS/T,, as
           defined by the Food Security Act Manual of August, 1988 in the
           Field Office Guide of the U.S. Department of Agriculture Soil
           Conservation Service, where K is the soil susceptibility to water
           erosion in the surface layer; R is the rainfall and runoff; LS is
           the combined effects of slope length and steepness; and T is the
           soil loss tolerance.


                (11) "HIGHLY PERMEABLE SOILS": means soils with a given
           potential to transmit water through the soil profile. - Highly
           permeable soils are identified as any soil having a permeability
           equal to or greater than six inches of water movement per hour in
           any part of the soil profile to a depth of 72 inches (permeability
           groups "rapid" and very rapid") as found in the National Soils
           Handbook of July, 1983 in the Field Office Technical Guide of the
           U.S. Department of Agriculture Soil Conservation Service.

                 (12) "IMPERVIOUS COVER":    means a surface composed of any
           material that     .. significantly impedes or prevents natural
           infiltration of water into the soil. Impervious surfaces include,
           but are not limited to: roofs, buildings, streets, parking areas,
           and any concrete, asphalt, or compacted gravel surface.

                (13) "INFILL": means utilization of vacant land in previously
           developed areas.

                (14) "INTENSELY DEVELOPED AREAS" or "IDAs": means a portion


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           of, a Resource Protection Area or a Resource Management Area
           designated by the City Council of the City of Poquoson where
           development is concentrated and little of the.natural environment
           remains.


                (15) "NONPOINT SOURCE POLLUTION": 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.

                (16) "NONTIDAL WETLANDS":    means those wetlands other than
           tidal wetlands that are inundated or saturated by surface or ground
        ."--water at a-frequency and duration sufficient to support.. and that
           under normal circumstances do support a 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.

                (17) "NOXIOUS WEEDS":    means weeds that are difficult to
           control effectively,, such as Johnson Grass, Kudzu,, and multiflora
           rose.


                (18) "PLAN OF DEVELOPMENT": 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.

               .(19) "REDEVELOPMENT": means the process of developing land
           that is or has been previously developed.

                (20) "RESOURCE MANAGEMENT AREA" or "RMA":         means tha   t
           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.


                (21) "RESOURCE PROTECTION AREA" or, "RPA":        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.

                (22)  "SUBSTANTIAL   ALTERATION":      means   expansion     or
           modification of a building or development which would result in a


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            disturbance of land exceeding an area of 2,500 square feet.

                A23) -"TIDAL-SHORE" or."SHORE":- means land contiguous to a
            tidal body of water between the mean low-water level and the mean
            high water level.

                 (24) "TIDAL WETLANDS":    means vegetated and nonvegetated
            wetlands as defined in Section  62.1-13.2 of the Code of Virginia.


                 (25) "TRIBUTARY STREAMS":  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).

                 (26) "WATER-DEPENDENT FACILITY": means 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, but are not limited to
            (i) ports; (ii) the intake and outfall structures of power-plants,
            water treatment plantst 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.


                 (27) "WETLANDS": means tidal and nontidal wetlands.


            15-1-4. Areas of Applicability.

                 (1) , The Chesapeake Bay Preservation Area Overlay District
            shall apply to all lands identified as CBPAs as designated by the
            City Council of the City of Poquoson and as shown on the Chesapeake
            Bay Preservation Areas Map. The Chesapeake Bay Preservation Areas
            Map., together with all explanatory matter thereon,, is hereby
            adopted by reference and declared to be a part of this Ordinance.

                      (a)  The Resource Protection Area includes tidal
                           wetlands, tidal shores, nontidal wetlands connected
                           by surface flow,, and a 100-foot vegetated buffer
                           area adjacent to and landward of the other
                           components.

                      (b)  The Resource Management Area includes floodplains,
                           highly erodible soils,      steep slopes,,    highly
                           permeable soils and nontidal wetlands not included
                           in the RPA.





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                (2) The Chesapeake Bay Preservation Areas Map shows the
           general location of CBPAs and should be consulted by persons
           contemplating activities within* the City of Poquoson prior to
           engaging in a regulated activity.

                (3) Portions of RPAs and RMAs designated by the City Council
           of the City of Poquoson as Intensely Developed Areas shall serve
           as redevelopment areas. Areas  so designated-shall comply with all
           erosion and sediment control requirements and the performance
        --standards for redevelopment      in Section 15-2-1., Performance
           .-Standards, of this,ordinance.

                (4) if the boundaries of  a CBPA include a minimum of 50% of
           the land area of a lot, parcel, or development project, the entire
           lot, parcel, or development project shall comply with the
           requirements of the Overlay District.


           15-1-5. Use Regulations.

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



           15-1-6.   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 15-2-1. Performance Standards, when such development is not
           otherwise allowed in the RPA.



           15-1-7.  Required Conditions.

                (1) All development and redevelopment exceeding 2,500 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 the Zoning Ordinance, or a subdivision plat in
           accordance with the Subdivision Ordinance.


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



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                 (3) 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 Zoning Administrator
           because of the unique characteristics of the site or intensity of
           development, in accordance with the provisions of Section 15-2-2,
           Water Quality Impact Assessment, of this ordinance.


          --15-1-8. . Conflict with other Regulations.

                In any case where the requirements of this ordinance conflict
           with any other provision.of the City of Poquoson Code or existing
           state or federal regulations.' whichever imposes the more stringent
           restrictions shall apply.


           15-1-9.    Interpretation of Resource Protection Area and
                     Resource Management Area Boundaries.


                 (1) DELINEATION BY THE APPLICANT.

               -The applicant shall determine the site-specific boundaries of
           the Resource Protection Area through the performance of a major
           environmental site assessment, subject to approval by the Zoning
           Administrator and in accordance with Section 15-2-3,, Plan of
           Development, of this ordinance.

                The Zoning Administrator, when requested   by an applicant may
           allow the applicant to perform a minor          environmental site
           assessment by obtaining a site specific delineation of the boundary
           of tidal wetlands from the local wetlands board and may adjust the
           RPA boundary line on the Chesapeake Bay Preservation Area map
           accordingly.

                (2) DELINEATION BY USE OF THE CHESAPEAKE BAY PRESERVATION
           AREA MAP.


                The Zoning Administrator, when requested by the applicant,, may
           allow the applicant'to determine the site specific boundaries of
           the Resource Protection Area through a certified transpositionf by
           a licensed professional engineer or certified land surveyor of the
           boundaries shown on the Chesapeake Bay Preservation Area Map.


                (3) WHERE CONFLICT ARISES OVER DELINEATION.



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                Where the applicant has-provided a site-specific delineation
           of the RPA, the Zoning Administrator will verify the accuracy of
           the boundary delineation. - In determining the site-specif ic RPA
           boundary, the Zoning Administrator may render adjustments to the
           applicant's boundary delineation, in accordance with Section
           15-2-3, Plan of Development, of this ordinance. In the event the
           adjusted boundary delineation is contested by the applicant, the
           applicant may seek relief, in accordance with the provisions of
           Section 15-2-3(8), Denial/Appeal of Plan, of this ordinance.


                    Section 15-2 Use, Development and Redevelopment
                                  Standard and Criteria
                                  STANDARD AND CRITERIA





           15-2-1.   Performance Standards.


                (1) 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 vegetationF 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.

                (2) GENERAL-, PERFORMANCE STANDARDS FOR DEVELOPMENT AND
           REDEVELOPMENT.      I


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

                          1. In accordance with an approved site plan, the
                               limits of land disturbance, including clearing


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                                  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.

                             2.   The construction footprint shall not exceed 60%
                                  of the site.


                             3.   Ingress and egress during construction shall be
                                  limited to one access point, unless otherwise
                                  approved by the Zoning Administrator.


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


                             1.   Existing trees over six (6) inches diameter at
                                  breast height (DBH) shall be preserved outside
                                  the construction footprint. Diseased trees or
                                  trees weakened by age, storm,, fire, or other
                                  injury may be removed.

                             2.   Clearing shall be allowed only to provide
                                  necessary access,, positive site drainageg, water
                                  quality BMPs,,'   and the      installation of
                                  utilities,   as    approved   by    the    Zoning
                                  Administrator.


                             3.   Prior to clearing       or  grading,     suitable
                                  protective barriers, 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.

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

                       (d) Notwithstanding any other provisions of this Article
                             or exceptions or exemptions thereto, any land
                             disturbing activity exceeding 2,500 square feet,


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                           including construction of all single-family houses,
                           septic tanks, and drainf ields, shall comply with the
                           requirements of the City of Poquoson's Erosion and
                           Sediment Control Ordinance.

                      (e)  All on-site sewage disposal systems not requiring
                           an VPDES permit shall be pumped out at least once
                           every five years.

                      (f   A'reserve sewage disposal site with a capacity at
                           least equal to that of the primary sewage disposal
                           site shall b *e provided. 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 until the structure is served by
                           public sewer.

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

                           1.  For development, the post-development nonpoint
                               source pollution runoff load shall not exceed
                               the pre-development load, based on the
                               calculated average land cover condition for
                               Virginiafs Chesapeake Bay watershed with an
                               average total phosphorus loading of 0.45
                               pounds /acre /year and an equivalent impervious
                               cover of 16 percent.

                           2.  For sites within IDAs or other isolated
                               redevelopment sitest the nonpoint source
                               pollution load shall be reduced by at least 10
                               percent. The Zoning Administrator 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:

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



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                                 b.  Runoff pollution loads must have been
                                     calculated and the BMPs selected f or the
                                     expressed purpose of controlling nonpoint
                                     source pollution;

                                 C.  If best management practices are
                                     structural, evidence shall be provided t@at
                                     facilities are currently in good working
                                     order and performing at the design levels
                                     of service. The Zoning Administrator may
                                     require a review of both the original
                                     structural design and maintenance plans to
                                     verify this provision. A new maintenance
                                     agreement may be required to ensure
                                     compliance with this ordinance.

                           3.    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
                                 can be substituted for the existing development
                                 loadings.

                           4.    Nonpoint source pollution loads from runoff
                                 shall be determined by calculation methods
                                 promulgated by CBLAD.

                      (h)  Prior to initiating grading, filling, 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    Zoning
                           Administrator, in accordance with Section 15-2-3,
                           Plan of Development Process, of this ordinance.

                      M    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.




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                 (3) BUFFER AREA REQUIREMENTS.


                 To minimize the adverse ef fects 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 anytributary stream.
           The full buffer area shall be designated as the landward component
           of the RPA,-     in . accordan.ce with Section 15-1-4f Areas of
           Applicability   and Section 15-2-3, Plan of Development of this
           ordinance.


                The 100-foot buffer area shall be deemed to achieve a 75
           percent 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 Zoning
           Administrator after consideration of the Water      'Quality Impact
           Assessment, in accordance with Section 15-2-2 of this ordinance.

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

                      (a)  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:

                           1.  Trees may be pruned or removed as necessary to
                               provide for sight lines and vistas, provided
                               that where removed, they shall be replaced with
                               'other vegetation that is equally effective in
                               retarding runoff, preventing erosion, and
                               filtering nonpoint source pollution from runoff.

                           2.  Any path shall be constructed and surfaced so
                               as to effectively control erosion.

                           3.  Dead, diseased, or dying trees or shrubbery may


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                                 be removed at the discretion of the landowner,
                                 and silvicultural thinning may be conducted
                                 based upon the best available technical
                                 information.


                            4.   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.

                       (b)  When the application of the buf fer areas would
                            result in the loss of a buildable area on a lot or
                            parcel recorded prior to October 1,, 1989,, the Zoning
                            Administrator may modify the width of the buf fer
                            area in accordance with Section 15-2-3,, -Plan of
                            Development Process, and   the following criteria:

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

                            2.   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

                            3.   In no case shall the reduced portion of the
                                 buffer area be less than 50 feet in width.


                      (c)   Redevelopment within IDAs may be exempt from the
                            buffer area, in accordance with Section 15-2-3,, Plan
                            of Development Process, of this ordinance.

                      (d)   On agricultural lands the agricultural buffer area
                            shall be managed to prevent concentrated flows of
                            surface water f rom. breaching the buf fer area and
                            noxious weeds from invading the buffer area. The
                            agricultural buf fer area may be reduced as follows:

                            1. 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


                                             14










                             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;


                         2.  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.


                         3. 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.



         15-2-2. 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 RPAs and other environmental ly-sensit ive lands; (ii)
         ensure. that,, where development does take place within RPAs and
         other sensitive 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 other sensitive 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.

              (2) 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 15-2-1f of


                                         15








            .this ordinance; (ii) any development in a RMA as deemed necessary
            by the Zoning Administrator 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.


                  (3) MINOR WATER QUALITY IMPACT ASSESSMENT.

                 A 'minor water   .quality impact assessment pertains only to
          .-development of' individual single family lots,, or to other
         ...---development. within CBPAs which causes no more than 10,000 square
            feet of land disturbance 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:

                       (a)  Location of the Resource Protection Area boundary.


                       (b)  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 drainfield
                            sites.


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

                       (d)  Documentation and other pertinent information
                            certified by a licensed Professional Engineer or
                            certified land surveyor that the proposed best
                            management practices will mitigate the proposed
                            encroachment.



                 (4) MAJOR WATER QUALITY IMPACT ASSESSMENT.

                A major water quality impact assessment shall be required for
            any non-individual single family lot development which (i) exceeds
            10,000 square feet of land disturbance within CBPAs and requires
            any modification or reduction of the landward 50 feet of the 100


                                             16









           f oot buf f er area; (ii) disturbs any portion of the seaward 50 feet
           of the 100 foot buffer area or any other component of an RPA; or
                  is located in an RMA and is.deemed necessary by the Zoning
           Administrator.' The information required in this section shall be
           considered a minimum, unless the Zoning Administrator 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:

                      (a)  All of the information required in a     minor water
                           quality impact assessment, as specified in'Section
                           15-2-2(3);

                      (b)  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.   Indicates the following:

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

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

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

                                d.  Source location and description of proposed
                                    fill material;

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

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



                                            17









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

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

                                i.  'Percent of site to be cleared for project;

                                I-  Anticipated duration and phasing schedule
                                    of construction project;,

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


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

                                 a.  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;

                                 b.  Proposed stormwater management system;

                                 c. Creation of wetlands to replace those lost;

                                 d.  Minimizing cut and fill.


                      (c) A landscape element that:

                           1.   Identifies and delineates the location of all
                                significant plant material on site, including
                                all trees six (6) inches or greater diameter at
                                breast height. Where there are groups of trees,,
                                stands may be outlined.

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




                                             18










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

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

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


                           3.  Describes the potential measures for mitigation.
                               Possible-mitigation measures include:

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

                               b.  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.

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

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

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


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

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

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



                                           19










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


                       (f)  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.



                 (5)   SUBMISSI ON AND REVIEW REQUIREMENTS.

                       (a)  [Fivel copies of all site drawings and other
                            applicable information as required by Subsections
                            C and D above shall be submitted to the Zoning
                            Administrator for review.


                       (b)  All information required in this section shall be
                            certified as complete and. accurate by a professional
                            engineer or a certified land surveyor.

                       (c)  A minor water quality impact assessment shall be
                            prepared and submitted to and reviewed by the Zoning
                            Administrator in conjunction with Section 15-2-3,
                            Plan of Development Process of this ordinance.

                       (d)  A major water quality impact assessment shall be
                            prepared and submitted to and reviewed by the Zoning
                            Administrator in conjunction with a request for
                            rezoning, special use permit, or in conjunction with
                            Section 15-2-3. Plan of Development, of this
                            ordinance, as deemed necessary by the Zoning
                            Administrator.


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


                                             20













                 (6) EVALUATION PROCEDURE.

                       (a)  Upon the completed review of a minor water quality
                            impact assessment, the Zoning Administrator will
                            determine if any proposed modification or reduction
                            to the buffer area is consistent with the provisions
                            of this ordinance and make a finding based upon the
                            following criteria:

                            1. The necessity of the proposed encroachment and
                                the ability 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;

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

                            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.

                      (b)   Upon the completed review of a major water quality
                            impact assessment,, the Zoning Administrator will
                            determine if the proposed development is consistent
                            with the purpose and intent of this ordinance and
                            make a finding based upon the.following criteria:

                            1.  within any RPA, the proposed development is
                                allowed;

                            2.  The disturbance of any wetlands will be
                                minimized;


                            3.  The development will not result in significant
                                disruption of the hydrology of the site;

                            4.  The development will not result in significant


                                             21









                               degradation to aquatic vegetation or life;

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

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

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

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

                          9.   The design and location of any proposed
                               drainfield will be in accordance with the
                               requirements of Section 15-2-11 Performance
                               Standards, of this'ordinance.,

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

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

                     (c)  The  Zoning Administrator shall require additional
                          mitigation where potential impacts have not been
                          adequately addressed.    Evaluation of mitigation
                          measures will be made by the Zoning Administrator
                          based on the criteria listed above in Sections 15-
                          2-2(6)(a) and 15-2-2(6)(b).

                     (d)  The Zoning Administrator shall find the proposal to
                          be inconsistent with the purpose and intent of this
                          ordinance when the impacts created by the proposal
                          cannot be mitigated. Evaluation of the impacts will
                          be made by the Zoning Administrator based on the
                          criteria listed in Sections 15-2-2(6) (a) and 15-2-
                          2 (6) (b) .


                                          22














           15-2-3.    Plan of Development Process.

                Any development or redevelopment exceeding 2,500 square feet
           of land. disturb.ance 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 ordinance.

                 (1) REQUIRED INFORMATION.

                In addition to the requirements of Appendix C,, Site Plan
           Ordinance of this Code or the ' requirements of Appendix B -
           Subdivision Ordinance of the City of Poquoson, 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 Zoning
           Administrator. The Zoning Administrator 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:

                      (a)  A site plan in accordance with the provisions of
                           Appendix C, Site Plan Ordinance of this Code; or a
                           subdivision plat in accordance with the provisions
                           of Appendix B, Subdivision Ordinance of the City of
                           Poquoson;

                      (b)  An environmental site assessment;

                      (c)  A landscaping plan;

                      (d)  A stormwater management plan;

                      (e)  An erosion and sediment control plan in accordance
                           with the provisions of Chapter 9,r Erosion and
                           Sediment Control Ordinance of this Code.


                      (f   Prior to the approval of the required plan and
                           assessments and the disturbance of the building
                           site,, the applicant shall submit a surety to the


                                           23









                           City of Poquoson as assurance that all conditions
                           as set out in the submitted plans and assessments
                           are completed in accordance' with this ordinance.
                           The amount of said surety shall be for that amount
                           and duration as deemed appropriate by the Zoning
                           Administrator and shall be held in escrow.



                 (2) ENVIRONMENTAL SITE ASSESSMENT.


                An environmental site assessment shall 'be submitted in
           conjunction with a preliminary site plan or preliminary subdivision
            lan unless otherwise in icated by Section 15-1-91 Interpretation
           p                        di
           of RPA and RMA Boundaries, of this ordinance.

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



                           1.  Tidal shores;

                           2.  Tidal wetlands;

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


                           4.  A 100 foot buffer area located adjacent to and
                               landward of the tidal shores, tidal wetlands,
                               or other specified sensitive environmental
                               features and along both sides of any tributary
                               stream;


                           5. other sensitive environmental features as
                               determined by the Zoning Administrator.

                      (b)  Wetlands delineations shall be performed consistent
                           with the procedures specified in the Federal Manual
                           for , Identifyincr and Delineatincr Jurisdictional
                           Wetlands, 1989.

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

                      (d)  The environmental site assessment shall be drawn at
                           the same scale as the preliminary site plan or


                                            24









                            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 Zoning Administrator            at    his
                            discretion,   and pursuant to       Section     15-1-91
                            Interpretation of RPA and RMA Boundaries, of this
                            ordinance when the proposed use or development would
                            result in less than 10,000 square feet of disturbed
                            area.



                 (3) 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/or certified by
            design professionals practicing within their areas of competence
            as prescribed by the Code of Virginia.

                       (a) Contents of the Plan.

                            1.  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
                                trees, stands may be outlined instead. The
                                specific number of trees six (6) inches or
                                greater DBH to be preserved outside of the
                                construction footprint shall be indicated on
                                the,plan. Trees to be removed to create a
                                desired construction footprint shall be clearly
                                delineated on the landscaping plan.

                            2.- 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.

                            3.  Within the buffer area, trees to be removed for
                                sight lines, vistas, access pathsr and best
                                management practices, as provided for in this


                                             25










                              ordinance, shall be-shown on the plan.
                              Vegetation required by this ordinance to replace
                              any existing trees within the buf fer area shall
                              also be shown on the landscaping plan.

                          4.  Trees to be removed f or shoreline stabilization
                              projects and any replacement vegetation required
                              by this ordinance shall be shown on the
                              landscaping plan.

                          5., 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.

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


                     (b) Plant Specifications.

                         1.   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.

                         2.   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.

                         3.   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.

                    (c) Maintenance.



                                          26









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


                            2.  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 ordinance.


                 (4)  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 development plan.

                      (a)   Contents of the Plan.

                            The stormwatei 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 Article. At a
                            minimuml, the stormwater management plan must contain
                            the following:

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

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

                            3.  Pre- and post-development nonpoint source
                                pollutant loadings with supporting documentation
                                of all utilized coefficients and calculations;
                                1
                            4.  For facilities, verification of structural
                                soundness, including a Professional Engineer or
                                Class IIIB Surveyor Certification;

                      (b) Site specific facilities shall be designed for the
                            ultimate development of the contributing watershed
                            based on zoning, comprehensive plans, local public


                                            27









                            facility master plans, or other similar planning
                            documents.


                       (c)  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 Zoning Administrator.

                      (d)   The plan shall establish a long-term schedule f or
                            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 Poquoson then a maintenance agreement shall be
                            executed between the responsible party and ihe City
                            of Poquoson.



                 (5) EROSION ANDSEDIMENT CONTROL PLAN.

                 An erosion and sediment control plan shall be submitted that
           satisfies the requirements of this Ordinance and in accordance with
           Chapter 91 Erosion and Sediment Control Ordinance of the City of
           Poquoson, in conjunction with site plan or subdivision plan.


                 (6) FINAL PLAN.

                 Final plans 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 Appendix B, Subdivision Ordinance and
           Appendix C, Site Plan Ordinance of this Code.

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

                                I
                            1.  The delineation of the Resource Protection Area
                                boundary;

                            2.  The delineation of required buffer areas;

                            3.  All wetlands permits required by law;



                                             28









                            4. A maintenance agreement as deemed necessary and
                               appropriate by the Zoning Administrator to
                               ensure proper maintenance of best management
                               practices in order to continue their functions.

                      (b)  Installation and Bonding Requirements.

                            1. 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.

                            2. 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 City of Poquoson a
                               form of surety satisfactory to the Zoning
                               Administrator in amount equal to the remaining
                               plant materialsf related materials, and
                               installation costs of the.required landscaping
                               or other specifications and/or maintenance costs
                               for any required stormwater management
                               facilities.


                            3. 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 Poquoson.

                            4. 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
                               Poquoson. The City of Poquoson may collect from
                               the applicant the amount by which the reasonable
                               cost of required actions exceeds the amount of
                               the surety held.

                          5. After all required actions of the approved site


                                            29









                                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 Zoning
                                Administrator, 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 Zoning Administrator
                                may require a certificate of substantial
                                completion from a Professional Engineer or Class
                                III B Surveyor before making a final inspection.



                  (7) ADMINISTRATIVE RESPONSIBILITY.

                 Administration of the plan of development process shall be in
            accordance with Appendix C, Site Plan Ordinance of this Code or
            Appendix B, Subdivision Ordinance of the City of P6quoson.


                 (8) 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 City Council.           In
            granting or denying an appeal, the City Council 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 City Council finds that the applicant's
            plan does not meet the above stated criteria, they shall deny
            approval of the plan.



                                   section 15-3 Relief





            15-3-1.   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 ordinance, and which is not in conformity with the provisions


                                             30









           of the Overlay District may be continued in accordance with
           Appendix A, Zoning Ordinance of this Code.

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

                 (1)  The Zoning Administrator 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 2,500 square feet complies with all erosion
                           and sediment control requirement of this ordinance.

                 (2)  An application for a nonconforming use.and' development
                      waiver shall be made to and upon forms furnished by the
                      Zoning Administrator and shall include as a minimum for
                      the purpose of proper enforcement of this ordinance, 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 nonconf  'orming use and development waiver shall become
                      null and void twelve months from the date issued if no
                      substantial work has commenced.



           15-3-2.    Exemptions.

                (1) EXEMPTIONS FOR UTILITIESj, RAILROADS, AND PUBLIC ROADS.



                                            31









                 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 installation;

                       (cy  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 City of Poquoson
                            erosion and sediment control requirements.


                 (2) EXEMPTIONS FOR SILVICULTURAL ACTIVITIES.

                 Silvicultural activities are exempt from the requirements of
            this* Art icle'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.



                 (3) 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 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 Zoning Administrator that:

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

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

                       (c)  The intended use does not conflict with nearby


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                           planned or approved uses; and

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


           15-3-3.   Exceptions.

                 (1). Exceptions to the requirements of this Overlay District
           may be@'granted,, provided that:    (i)  exception to the criteria
         .-shall- be the minimum necessary to afford relief, and (ii)
           reasonable and appropriate conditions upon any exception granted
           shall be  i mpo.sed as necessa.ry so that the purpose and intent of
           the Chesapeake Bay Preservation Act is preserved.

                (2) A request for an exception to the requirements of this
           Overlay District shall be made in writing to the Zoning
           Administrator.    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 15-2-2.

                (3) The Zoning Administrator 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 Zoning
           Administrator finds:


                    (a)   Granting the exception will not confer upon the
                          applicant any special privileges that are denied by
                          this ordinance to other property owners in the
                          Overlay District;

                    (b)   The exception request is not based upon conditions
                          or circumstances 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;

                    (c)   The 6xception request is the minimum necessary to
                          afford relief;

                     (d)  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


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

                  (4)  If the Zoning Administrator cannot make the required
            findings or refuses to grant the exception,              the . Zoning
            Administrator 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
            Wetlands Board. The applicant may then apply to the Wetlands Board
            for a  variance.


                  (5) The Wetlands Board shall consider . the water quality
            impact assessment and the findings and rationale of the Zoning
            Administrator in determining harmony with the intended spirit and
            purpose of this ordinance.



                                    Section 15-4    Fees




            15-4-1.    The listed fees shall be paid to the City of
                       Poquoson, Virginia upon filing of the following:

                       (1) Proposed reduction to buffer areas for
                            agricultural lands: $50.00

                       (2)  Major water quality impact assessment: $100.00

                       (3)  Minor water quality impact assessment: $50.00

                       (4)  Minor environmental site assessment:
                            $50.00


                       (5)  Major environmental site assessment:
                            $100.00

                       (6)  Site, Plan:   per Appendix C,, Site
                            Plan Ordinance


                       (7)  Landscaping plan: $100.00

                       (8)  Stormwater management plan: $100.00

                       (9)  Erosion and sediment control plan: per Erosion and


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                          Sediment Control Ordinance


                     (10) Exceptions to ordinance filed with administrator:
                          $50.00

                     (11) Exceptions to ordinance filed with Wetlands Board:
                          $100.00


                     (12) Appeals to City Council: $100.00



                     Section 2:   That" in the opinion of City Council an
          emergency exists  which necessitates the immediate enactment of
          this ordinance; therefore, the provisions contained herein shall
          become effective immediately upon adoption.



                                        ADOPTED:



                                        TESTE:






































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