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191 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. 2 (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. 3 (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 4 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 5 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. 6 (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. 7 (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. 8 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 9 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, 10 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; 11 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. 12 (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 13 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 32 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 33 (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 34 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: 35 NOAA COASTAL SERVICES CTR LIBRARY i i; 3 6668 14112897 7