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


                                                        Appendix L34
                                                        (Final Product)



















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     This Ordinance was duly considered, following a.requirled public
     hearing held on September 13, 1990, and was.adopted by a unanimous
     vote of the Board of Supervisors of Richmond County, Virginia, at its
     regular meeting held on September 13, 1990. This Ordinance shall be
     effective on and after 12:01 a.m., September 20, 1990.



         KFM
         124
         T83
         1984



















                                      CHESAPEAKE BAY



                                       PRESERVATION



                                            AREA



                                         ORDINANCE
           kl)

                                             FOR



                                          RICHMOND
           &AA

                                           COUNTY



                                          VIRGINIA







                              This document was funded, in part, by the Va.
                              Council on the Environment's Coastal Resources
                              Management Program thru Grant INA89AA-D-CZ134
                              of the NOAA under the Coastal Zone Management
                              Act of 1972 as amended.




     This ordinance was duly considered, following a required public
     hearing held on September 13, 1990, and was adopted by a unanimous
     vote of the Board of Supervisors of Richmond County, Virginia, at its
     regular meeting held on September 13, 1990. This Ordinance shall be
     effective on and after 12:01 a.m., September 20, 1990.












                                TABLE OF CONTENTS






      ARTICLE                         TITLE                          PAGE


          I               General Provisions                            3

          2               Definitions                                   5

          3               Areas of Applicability

          4               Use Regulations, Lot Size,                  10
                          Conflict with other Regulations

          5               Required conditions                         11

          6               Interpretation of Resource
                          Protection Area Boundaries                  12


          7               Performance Standards                       13

          8               Water Quality Impact Assessment             18

          9               Plan of Development                         24

         10               Nonconforming Use and Development           30
                          Waivers

         11               Exemptions                                  31

         12               Exceptions                                  33

         13               Enforcement                                 35

         14               Fees, Charges, Expensest                    36
                          and Required Materials



















                                Page - 2











                    ARTICLE 1.: GENERAL PROVISIONS



     1-1       TITLE

          This ordinance shall be known and referenced as the "Chesapeake
     Bay Preservation Area Ordinance for Richmond County, Virginia".

     1-2       FINDINGS OF FACT

          The Chesapeake Bay is one of the most important and productive
     estuaries in the world, providing economic and social benefits to the
     citizens of Richmond County and the Commonwealth of Virginia. The
     health of the Bay is vital to maintaining Richmond County's economy
     and the welfare of its citizens. Economic development and water
     quality protection not only may co-exist, they must.

          The Chesapeake Bay waters have been degraded significantly by
     several factors including nonpoint source pollution from land uses
     and development along the shores of the Bay and its tributaries.
     Existing high quality waters are worthy of protection from
     degradation to guard against further pollution. Certain lands that
     are proximate to shorelines have intrinsic water quality value due to
     the ecological and biological processes they perform. Other lands
     have severe development constraints from flooding, erosion, and soil
     limitations. With proper management, they offer significant
     ecological benefits by providing water quality maintenance and
     pollution control, as well as flood and shoreline erosion control.
     These lands together, designated by Richmond County as Chesapeake Bay
     Preservation Areas (hereinafter 'ICBPAs"), 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 Richmond County and
     the Commonwealth of Virginia.

     1-3       PURPOSE AND INTENT

          A.   This ordinance is enacted to implement the requirements of
     Section 10.1-2100 et sea. of the Code of Virginia (The Chesapeake Bay
     Preservation Act). The intent of the Richmond County Board of
     Supervisors and the purpose of this Ordinance 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 in
     order to provide for the health, safety, and welfare of the present
     and future citizens of Richmond County.

          B.   These regulations and procedures shall be in addition to
     and shall accompany all other land use ordinance requirements so that
     any parcel of land lying in the Chesapeake Bay Preservation Area
     shall be governed by this Ordinance. Unless otherwise stated in this



                               Page - 3









          Ordinance, the review and approval procedures provided for in the
         .Subdivision, Erosion and Sediment Control, Wetlands, and Flood Plain
          Management Ordinances as adopted by Richmond County, shall be
          followed in reviewing and approving development, redevelopment, and
          uses governed by this Ordinance.

          1-4.      PROVISIONS OF'ORDINANCE DECLARED TO BE MINIMUM
                    REQUIREMENTS

               In the.interpretationand application, the provisions of this
          ordinance shall be held to be minimum requirements. When ever the
          requirements of this ordinance are at variance.with the requirements
          of any other lawfully adopted rules, regulations, ordinances, or
          resolutions, the more restrictive or that imposing the higher
          standards shall govern.

          1-5       REPEAL OF CONFLICTING ORDINANCES

               All Richmond County ordinances or parts of ordinances in
          conflict with, or inconsistent with, the provisions of this ordinance
          are hereby repealed to the extent necessary.to give this ordinance
          full force and effect.


          1-6       SEPARABILITY

               Should an y section or provision of this ordinance be declared by
          the courts to be unconstitutional or invalid, such decision shall not
          affect the validity of the ordinance as a whole, or any part thereof
          other than the part so declared to be unconstitutional or invalid.

          1-7       EFFECTIVE DATE


               This ordinance shall be in full force and effect on and after
          12:01 a.m. on September 20, 1990.

          1-8       ENACTING AUTHORITY

               This ordinance is enacted under the authority of Section 10.1-
          2100 et sea. (The Chesapeake Bay Preservation Act).


















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                    ARTICLE 2: DEFINITIONS


      2-1      INTERPRETATION OF TERMS OR WORDS

          For the purpose of this ordinance, certain terms or words used
      herein shall be interpreted as follows:

          A.   The present tense includes the future tense, the singular
      number includes the plural, and plural includes the singular;

      B.  The word "shall" is a mandatory requirement, the word "may" is a
      permissive requirement, and the word "should" is a preferred
      requirement;

     .C.  The words "used" or "occupied" include the words "intended,
      designed, or arranged to be used or occupied";

      D.  The word "lot" includes the words "plot" or "parcel".

      2-2      DEFINITIONS

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

      Agricultural lands - 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.

      Best Management Practices (BMP's) - 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.

      Beach - the zone of sedimentary material that extends landward from
      mean high water level to the place where there is marked change in
      material of form, or the line of permanent vegetation.

      Buffer area - an area of natural or established vegetation managed to
      protect other components of a Resource Protection Area and state
      waters from significant degradation due to disturbances.

      Chesapeake Bay Preservation Area (CBPA) - any land designated by the
      Richmond County Board of Supervisors pursuant to part III of the
      Chesapeake Bay Preservation Area Designation and management
      Regulations, VR 173-02-01, and Section 10.1-2107 of the Code of
      Virginia, 1950, as amended. A Chesapeake Bay Preservation Area shall
      consist of a Resource Protection Area and a Resource Management Area.

      Construction footprint - the area of all impervious surface
      including, but not limited to, buildings, roads and drives, parking
      areas, and sidewalks and area necessary for construction of such
      improvements.



                                Page - 5










           Development - the construction, or substantial alteration, of
           residential-, commercial, industrial, institutional, recreation,
           transportation, or utility facilities or structures.

           Diameter at breast height (DBH) - the diameter of a tree measured
           outside the bark at a point 4.5 feet above the ground. .

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

           Flood pla in - those areas of Richmond County subject to inundation by
           water of the one hundred (100) year flood as described by the Flood
           Insurance.Study for Richmond County and shown on the Flood Insurance
           Rate Map series, both prepared by the Federal Emergency Management
           Agency and dated March 16, 1989.

           Impervious cover - 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.

           Intensely Developed Areas (IDA's) - a portion of a Resource
           Protection Area or Resource Management Area designated by the
           Richmond County Board of Supervisors where development is
           concentrated and little of the natural environment remains.

           Nonpoint source pollution - pollution consisting of constituents such
           as sediment, nutrients, and organic and toxic substances from diffuse
           sources, such as run-off from agricultural and urban land development
           and use.


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

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

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

           Pond - an inland body of water of either artificial or natural
           construction not connected by surface flow or contiguous to tidal
           waters.






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       Resource Management Area (RMA) - that component of the Chesapeake Bay
       Preservation Area not classified as the Resource Protection Area.
       RMA's 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.

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

       Tidal shore or shore - land contiguous to a tidal body of water
       between the mean low water level and the mean high water level.

       Tidal wetlands - vegetated and nonvegetated wetlands as defined in
       Section 62.1-13.2 of the Code of Virginia,1950, as amended.

       Tributary stream - 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).

       Vegetation - area of natural or established ground cover which allows
       the natural infiltration of water into the soil. Vegetated buffer
       areas shall include, but are not limited to those areas of any plant
       material, grassy ground cover, woody vegetation, bush and shrubs,
       etc.

       Water-dependent facility - a development of land that cannot exist
       outside of the Resource Protection Area and must be located on the
       shoreline by reason of the intrinsic nature of its operation. These
       facilities include, but are not limited to: (1) ports; (2) the
       intake and outfall structures of power plants, water treatment
       plants, sewage treatment plants, and storm sewers; (3) marinas and
       other boat docking structures; (4) beaches and other public water-
       oriented recreation areas; and (5) fisheries or other marine
       resources facilities.

       Wetlands   tidal and nontidal wetlands.




















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                           ARTICLE 3: AREAS OF APPLICABILITY


           3-1       MAPS

                The Chesapeake Bay Preservation Area ordinance shall apply to
           all lands identified as CBPA's as designated by the Richmond County
           Board-'of Supervisors and as shown on the Richmond County Chesapeake
           Bay Preservation Area Map. The Richmond County Chesapeake Bay
           Preservation Area Map, together with all explanatory matter thereon,
           is hereby adopted by reference and declared'to be a part of this
           ordinance.


           3-2       RESOURCE PROTECTION AREA (RPA)

                The Resource Protection Area, as delineated on the Richmond
           County Chesapeake Bay Preservation Area Map, includes:

                     A.    Tidal wetlands;
                     B.    Nontidal wetlands connected by surface flow and
                           contiguous to tidal wetlands or tributary streams;
                     C.    Tidal shores;
                     D.    A 100-foot vegetated buffer area located adjacent
                           to and landward of the component listed in
                           subsections A-C above, and along both sides of any
                           tributary stream.

           3-3       RESOURCE MANAGEMENT AREA (RMA)

                The Resource Management Area shall include all areas of
           Richmond County not included in the Resource Protection Area. These
           areas include land types that, if improperly used or developed, have
           a potential for causing significant water quality degradation or for
           diminishing the functional value of the Resource Protection Area.
           The following land categories were considered by Richmond County in
           establishing the Resource Management Area:

                     A.  Floodplains;
                     B.  Highly erodible soils, including steep slopes;
                     C.  Highly permeable soils;
                     D.  Nontidal wetlands not included in the Resource
                         Protection Area ;
                     .E. other lands adjacent to or in close proximity to
                         lands aforementioned in this paragraph which are
                         necessary to protect the quality of state waters.

           3-4       GENERAL LOCATION (CBPA)

                The Richmond County Chesapeake Bay Preservation Area Map shows
           the general location of CBPA's and should be consulted by persons
           contemplating activities within Richmond County prior to engaging in
           a regulated activity.

           3-5       INTENSELY DEVELOPED AREAS





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           Port. ions of RPA's and RMA's designated by the Richmond County
      Board of Supervisors 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 Article 7 (Performance Standards).

      3-6       APPLICABILITY TO PORTION OF LOT

           If the boundaries of a CBPA include a portion of a lot, parcel,
      or development project, the entire lot, parcel, or development
      project shall comply with the requirements of this Ordinance. The
      division of property shall not constitute an exemption from this
      requirement.












































                                Page   9










                                   ARTICLE 4: USE REGULATIONS, LOT SIZE,
                                                   CONFLICT WITH OTHER REGULATIONS


              4-1-          USE REGULATIONS

                     Permitted uses, special permit uses, accessory uses, and special
              requirements shall be as established by adopted land use regulation
              or ordinance, unless specifically modified by the requirements set
              forth herein.


              4-2           LOT SIZE

                     Lot size shall be subject to the requirements of adopted land
              use   regulations and ordinance, provided that any lot shall have
              sufficient area outside the RPA to accommodate an intended
              development, in accordance with the performance standards in Article
              6, when such development is not otherwise allowed in the RPA.

              4-3           CONFLICT WITH OTHER REGULATIONS

                     In any case where the requirements of the Ordinance conflict
              with any other adopted land use regulations of Richmond County or
              existing state or federal regulations, whichever imposes the more
              stringent restrictions shall apply..

































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                     ARTICLE 5: REQUIRED CONDITIONS

       5-1      PLAN OF DEVELOPMENT REQUIRED

           All development and redevelopment exceeding 2500 square feet of
       land disturbance shall be subject to aplan of development process,
       including the approval of a site plan in accordance with the
       provisions of the Richmond County Site Plan Ordinance or a
       subdivision plat in accordance with the Richmond County Subdivision
       Ordinance.


       5-2      DEVELOPMENT IN RESOURCE PROTECTION AREA

           Development in RPA's may be allowed only if it: (1) is water-
       dependent; or (2) constitutes redevelopment.

       5-3      WATER QUALITY IMPACT ASSESSMENT REQUIRED

           A water quality impact assessment shall be required for any
       proposed development or redevelopment within RPA's and for any
       development within RMA's when required by the Land Use Administrator
       because of the unique characteristics of the site or intensity of
       development, in accordance with the provisions of Article 8 (Water
       Quality Impact Assessment) of this Ordinance.

































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                          ARTICLE 6: INTERPRETATION OF RESOURCE
                                      PROTECTION AREA BOUNDARIES


           6-1       DELINEATION BY THE APPLICANT

               The site-specific boundaries of the Resource Protection Area
           shall ordinarily be determined by the applicant through the
           performance of an environmental site assessment, subject to approval
           by the Land Use Administrator and in accordance with Article 9 (Plan
           of Development) of this ordinance. The Richmond County Chesapeake
           Bay Preservation Area Map shall be used as a guide to the general
           location of Resource Protection Areas.


           6-2      DELINEATION BY THE LAND USE ADMINISTRATOR

               The Land Use Administrator, when requested by an applicant
           wishing to construct a single family residence, may waive the
           requirement for an environmental site assessment and perform the
           delineation. The Land Use Administrator may use remote sensing,
           hydrology, soils, plant species, and other data, and consult other
           appropriate resources as needed to perform the delineation. If the
           Land Use Administrator is unable to accomplish an adequate
           delineation, the applicant may be required to provide a site-specific
           RPA boundary delineation.

           6-3      WHERE CONFLICT ARISES OVER DELINEATION

               Where the applicant has provided a site-specific delineation of
           the RPA, the Land Use Administrator will verify the accuracy of the
           boundary delineation. In determining the site-specific RPA boundary,
           the Land Use Administrator may render adjustments to the applicant's
           boundary delineation, in accordance with Article 9 (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 Article 9, Section 9-9
           (Denial/Appeal of Plan) of this Ordinance.





















                                    Page   12














                      ARTICLE 7: PERFORMANCE STANDARDS


       7-1        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 vegetation, is most effective in
       holding soil in place and preventing site erosion. Indigenous
       vegetation, with its adaptability to local conditions without the use
       of harmful fertilizers or pesticides, filters stormwater runoff.
       Minimizing impervious cover enhances rainwater infiltration and
       effectively reduces stormwater runoff potential.

         I The purpose and intent of these requirements are also to
       implement the following objectives: (1) prevent a net increase in
       nonpoint source pollution from new development; (2) achieve a 10%
       reduction in nonpoint source pollution from redevelopment; and (3)
       achieve a 40% reduction in nonpoint source pollution from
       agricultural uses.

       7-2        GENERAL PERFORMANCE STANDARDS FOR DEVELOPMENT
                  AND REDEVELOPMENT

       7-2-1      Land disturbance shall be limited to the area necessary to
                  provide for the desired use or development.

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

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

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

       7-2-2      Indigenous vegetation shall be preserved to the maximum
                  extent possible consistent with the use and development
                  permitted and in accordance with the Virginia Erosion and
                'Sediment Control Handbook.

            a.    Existing trees over ten (10) 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. Normal woodlot
                  management techniques that encourage optimum growth of
                  remaining trees are allowed.




                                  Page - 13









               b.    Clearing shall be allowed only to provide necessary access,
                     positive site drainage, water quality BMP's, and the
                     installation of utilities, as approved by the Land Use
                     Administrator.

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

          7-2-3      Land development shall minimize impervious cover to promote
                     infiltration of stormwater into the ground consistent with
                     the use or development permitted.

               a.    Grid and modular pavement use shall be encouraged for any
                     required parking area, alley or other low traffic driveway.

               b.    Parking space size shall be the minimum necessary to safely
                     accommodate the anticipated parking load.

          7-2-4      Notwithstanding any other provisions of this Ordinance or
                     exceptions or exemptions thereto, any land disturbing
                     activity exceeding 2,500 square feet, including
                     construction of all single-family houses, septic tanks, and
                     drainfields, shall comply with the requirements of the
                     Richmond County Erosion and Sediment Control Ordinance.

          7-2-5      All on-site sewage disposal systems not requiring an
                     VPDES permit shall be pumped out at least once every five
                     (5) years, in accordance with the regulations of the
                     Virginia Department of Health.

          7-2-6      A reserve sewage disposal site with a capacity at least
                     equal to that of the primary sewage disposal site shall be
                     provided, in accordance with the regulations of the
                     Virginia Department of Health. This requirement shall not
                     apply to any lot recorded prior to October 1, 1989 if such
                     lot is not sufficient in capacity to accommodate a reserve
                     sewage disposal site, as determined by the local Health
                     Department. Building or construction of any impervious
                     surface shall be prohibited on the area of all sewage
                     disposal sites or on an on-site sewage treatment system
                     which operates under a permit issued by the State Water
                     Control Board, until the structure is served by public
                     sewer.

          7-2-7      For any development or redevelopment, stormwater runoff
                     shall be controlled by the use of best management practices
                     that achieve the following:





                                     Page - 14









            a.   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 Virginia's Chesapeake Bay Watershed;

            b.   For sites within IDA's or other isolated redevelopment
                 sites, the nonpoint source pollution load shall be reduced
                 by at least 10 percent. The Land Use 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:

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

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

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

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

        7-2-8    Prior to initiating grading or other on-site activities on
                 any portion of a lot or parcel, all wetlands permits
                 required by federal, state, and local laws and regulations
                 shall be obtained and evidence of such submitted to the
                 Land Use Administrator, in accordance with Article 9 (Plan
                 of Development) of this ordinance.

        7-2-9    Land upon which agricultural activities are being conducted
                 shall have a soil and water quality conservation plan.
                 Such plan shall be based upon the Field Office Technical
                 Guide of the U.S. Department of Agriculture Soil
                 Conservation Service and accomplish water quality
                 protection consistent with this Ordinance. Such a plan
                 shall be approved by the local Soil and Water Conservation
                 District by January 1, 1995.

       7-3       BUFFER AREA REQUIREMENTS






                                  Page - 15










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

               The buffer area shall be located adjacent to and landward of
          other RPA components and along both sides of any tributary stream.
          The full buffer area shall be designated as the landward component of
          the RPA, in accordance with Article 3 (Areas of Applicability) and
          Article 9 (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 Land Use Administrator after consideration-
          of the Water Quality Impact Assessment, in accordance with Article 8
          (Water Quality Impact Assessment) of this ordinance.

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

          7-3-1     In order to maintain the functional value of the buffer
                    area, indigenous vegetation may be removed only to provide
                    for reasonable sight lines, access paths, general woodlot
                    management, and best management practices, as follows:

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

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

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

               d. For shoreline erosion control projects, trees and woody
                    vegetation may be removed, necessary control techniques
                    employed, and appropriate vegetation established to protect
                    or stabilize the shoreline in accordance with the best
                    available technical advice and applicable permit conditions
                    or requirements.





                                     Page - 16









        7-3-2    When the application of the buffer areas would result in
                 the loss of a buildable area on a lot recorded prior to
                 October 1, 1989, the Land Use Administrator may modify the
                 width of the buffer area in accordance with Article 9 (Plan
                 .of Development) of this ordinance and the following
                 criteria:

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

            b.   Where possible, an area equal to the area encroaching the
                 buffer area shall be established elsewhere on the lot or
                .parcel in a way to maximize water quality protection; and

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

        7-3-3    Redevelopment within IDA's may be exempt from the buffer
                 area, in accordance with Article 9 (Plan of Development) of
                 this ordinance.

        7-3-4    on agricultural lands the agricultural buffer area shall be
                 managed to prevent concentrated flows of surface water from
                 breaching the buffer area and noxious weeds from invading
                 the buffer area. The agricultural buffer area may be
                 reduced as follows:

            a.   To a minimum width of 50 feet when the adjacent land is
                 implementing a federal, state, or locally funded
                 agricultural best management practices program, provided
                 that the combination of the reduced buffer area and the
                 best management practices achieve water quality protection,
                 pollutant removal, and water resource conservation at least
                 the equivalent of the 100 foot buffer area;

            b.   To a minimum of 25 feet when a soil and water quality
                 conservation plan, as approved by the local Soil and Water
                 .Conservation District, has been implemented on the adjacent
                 land. Such plan shall be based upon the Field Office
                 Technical Guide of the U.S. Department of Agriculture Soil
                 Conservation Service and accomplish water quality
                 protection consistent with this ordinance;

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









                                  Page - 17











                          ARTICLE 8: WATER QUALITY IMPACT ASSESSMENT


           8-1 PURPOSE

                .The purpose of the water quality impact assessment is to:
           (i) identify the impacts of proposed development on water quality and
           lands within RPA's and other environmentally sensitive lands; (ii)
           ensure that, where development does take place within RPA's 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
           RPA's 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; and (iv) specify
           mitigation which will address water quality protection.

           8-2       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 Article 7 (Performance
           Standards) and Article 12 (Exceptions) of this ordinance; (ii) any
           development in a RMA as deemed necessary by the Land Use
           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.


           8-3       MINOR WATER QUALITY IMPACT ASSESSMENT

                A minor water quality impact assessment pertains only to
           development within the CBPAs which causes no more than 5,000 square
           feet of land disturbance and requires any modification or reduction
           of the landward 50 feet of the-100 foot buffer area. 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 run-off. A
           minor assessment shall include a site drawing to scale which shows
           the following:

                A.   Location of the components of the RPA, including the 100-
                     foot buffer area;

                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.




                                    Page - 18










       8-4        MAJOR WATER QUALITY IMPACT ASSESSMENT

             A major water quality impact assessment shall be required for.,
       any development which (i) exceeds 5,000 square feet of land
       disturbance within CBPAs and requires any modification or reduction
       of the landward 50 feet of the 100-foot buffer area; (ii) disturbs
       any portion of any other component of an RPA or disturbs any portion
       of the buffer area within 50 feet of any other component of an RPA;
       or (iii) is located in an RMA and is deemed necessary by the Land Use
       Administrator. The information required in this Section shall be
       considered a minimum, unless the Land Use Administrator determines
       that some of the elements are unnecessary due to the scope and nature
       or the proposed use and development of the land.

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

       8-4-1      All of the information required in a minor water quality
                  impact assessment;

       8-4-2      A hydrogeological element that:

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

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

             C.   Indicates  the following:

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

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

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

                       4.    Source location and description of proposed fill
                             material;

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

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

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





                                  Page - 19









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

                         9.    Percent of site to be cleared for project;

                         10.   Anticipated duration and phasing schedule of
                               construction project;

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

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

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

                         2.    Proposed stormwater management system;

                         3.    Creation of wetlands to replace those lost;

                         4.    Minimize cut and fill.

          8-4-3     A landscape element that:

               a.   Identifies and delineates the location of all
                    significant plant material, including all trees on site ten
                    (10) inches or greater DBH. Where there are groups of
                    trees, stands may be outlined.

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

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

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

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

               C.   Describes  the potential measures for mitigation. Possible
                    mitigation measures include:

                         1.    Replanting schedule for trees and other
                               significant vegetation removed for construction,



                                    Page - 20









                           including a list of possible plants and trees to
                           be used;

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

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

      8-4-4   A wastewater element, where applicable, that:

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

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

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

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

      8-4-5      Identification of the existing characteristics and
                 conditions of sensitive lands included as components of the
                 Chesapeake Bay Preservation Areas, as defined in this
                 ordinance.

      8-4-6      Identification of the natural processes and ecological
                 relationships inherent in the site, and an assessment of
                 the impact of the proposed use and development of land on
                 these processes and relationships.

      8-5        SUBMISSION AND REVIEW REQUIREMENTS

      8-5-1      Five copies of all site drawings and other applicable
                 information as required by subsections 8-2 and 8-3 above
                 shall be submitted to the Land Use Administrator for
                 review.

      8-5-2      All information required in this section shall be certified
                 as complete and accurate by a professional engineer or a
                 certified surveyor.

      8-5-3      A minor water quality impact assessment shall be prepared
                 and submitted to and reviewed by the Land Use.Administrator
                 in conjunction with a site plan.




                                 Page - 21









          8-5-4     A major water quality impact assessment shall be prepared
                    and submitted to and reviewed by the Land Use Administrator
                    in conjunction with a request for rezoning, special
                    exceptions permit, conditional use permit, or in
                    conjunction with Article 9 (Plan of Development) of this
                    Ordinance as deemed necessary by the Land Use
                    Administrator.

          8-5-5     As part of any major water quality impact-assessment
                   .submittal, the Land Use Administrator may require review by
                    the Chesapeake Bay Local Assistance Department (CBLAD).
                    Upon receipt of a major water quality impact assessment,
                    the Land Use 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
                    will be incorporated into the final review by the Land Use
                    Administrator, provided that such comments are provided by
                    CBLAD within 90 days of the request.

          8-6       EVALUATION PROCEDURE

          8-6-1     Upon the complete review of a minor water quality impact
                    assessment, the Land Use 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:

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

               b.   Impervious surface is minimized;

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

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

               e.   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.

          8-6-2     Upon the completed review of a major water quality impact
                    assessment, the Land Use 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 in conjunction with Article 9 (Plan of
                    Development) of this Ordinance:

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




                                    Page - 22









           b.    The disturbance of wetlands will be minimized;

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

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

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

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

           9.    Proposed stormwater management concepts are adequate to
                 control the stormwater run-off to achieve the required
                 standard for pollutant control;

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

           i.    The design and location of any proposed drainfield will be
                 in accordance with the requirements with this ordinance;

           j.    The development, as proposed, is consistent with the
                 purpose and intent of this ordinance;

           k.    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.

       8-6-3     The Land Use Administrator shall require additional
                 mitigation where potential impacts have not been adequately
                 addressed. Evaluation of mitigation measures will be made
                 by the Land Use Administrator on the criteria listed above
                 in subsections 8-6-1 and 8-6-2.

       8-6-4     The Land Use 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
                 Land Use Administrator based on the criteria listed above
                 in subsections 8-6-1 and 8-6-2














                                 Page - 23











                           ARTICLE 9: PLAN OF DEVELOPMENT PROCESS


           9-1        PLAN OF DEVELOPMENT REQUIRED

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

           9-2        REQUIRED INFORMATION

                 In addition to the requirements of the Richmond County Site Plan
           Ordinance or the requirements of the Richmond County Subdivision
           Ordinance, 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 Land Use
           Administrator. The Land Use 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:

           9-2-1      A site plan in accordance with the provisions of the
                     .Richmond County Site Plan Ordinance or a subdivision plat
                      in accordance with the provisions of the Richmond County
                      Subdivision Ordinance;

           9-2-2      An environmental site assessment;

           9-2-3      A landscape plan;

           9-2-4      A stormwater management plan;

           9-2-5      An erosion and sediment control plan in accordance with the
                      provisions of the Richmond County Erosion and Sediment
                      Control Ordinance.


           9-3        ENVIRONMENTAL SITE ASSESSMENT

                 An environmental site assessment shall   be required by the Land
           Use Administrator in order to determine the    boundaries of any
           environmentally sensitive features located on the property.

           9-3-1      The environmental site assessment shall be drawn to the
                      same scale as the preliminary site plan or subdivision plat
                      and shall clearly delineate the following environmental
                      features:


                 a.   Tidal wetlands;

                 b.   Tidal shores;





                                       Page - 24









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

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

            e.   other sensitive environmental features as determined by the
                 Land Use Administrator.

      9-3-2      Wetlands delineations shall be performed consistent with
                 the procedures specified in the Federal Manual for
                 Identifying and Delineating Jurisdictional Wetlands, 1989.

      9-3-3      The environmental site assessment shall delineate the site
                 specific geographic extent of the RPA.

      9-3-4      The environmental site assessment shall be certified as
                 complete and accurate by a professional engineer, a
                 certified land surveyor or a certified landscape architect.
                 This requirement may be waived by the Land Use
                 Administrator when the proposed use of development would
                 result in less than 5,000 square feet of disturbed area.


      9-4        LANDSCAPE PLAN

            A landscape plan shall be required by the Land Use Administrator
      to determine the extent of proposed clearing and grading and the
      types and amount of existing and proposed vegetation. No clearing or
      grading of any lot or parcel shall be permitted without an approved
      landscape plan.

            Landscape plans shall be prepared and/or certified by design
      professionals practicing within their areas of competence as
      prescribed by the Code of Virginia, 1950, as amended.

      9-4-1      Contents of the Plan:

            a.   The landscape 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 ten (10) inches or greater DBH shall be shown
                 on the landscape plan. Where there are groups of trees,
                 stands may be outlined instead. The specific number of
                 trees ten (10) 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 landscape plan.

            b.   Any required buffer area shall be clearly delineated and
                 any plant material to be added to establish or supplement




                                  Page - 25









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

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

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

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

         9-4-2     Plant Specifications:

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

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

              C.   Where areas to be preserved, as designated on an approved
                   landscape 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.

         9-4-3     Maintenance

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

              b.   In buffer areas and areas outside the construction
                   footprint, plant material shall be tended and maintained in
                   a healthy growing condition and free from refuse and
                   debris. Unhealthy, dying, or dead plant materials shall be




                                   Page - 26









                 replaced during the next planting season, as required by
                 the provisions of this Ordinance.


      9-5        STORMWATER MANAGEMENT PLAN

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

      9-5-1      Contents of the Plan

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

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

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

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

           d.    For facilities, verification of structural soundness,
                 including a Professional Engineer or Class IIIB Surveyor
                 certification.

      9-5-2      site specific facilities shall be designed for the ultimate
                 development of the contributing watershed based on zoning,
                 comprehensive plans, local public facility master plans, or
                .other similar planning documents.

      9-5-3      All engineering calculations must be performed in
                 accordance with procedures outlined in the current edition
                 of the 'Local Assistance Manual, Virginia Erosion and
                 Sediment Control Handbook, Virginia Department of
                 iransportation Drainage-Manual, or any other good
                 engineering methods deemed appropriate by the Land Use
                 Administrator.

      9-5-4      The plan shall establish a long-term schedule for
                 inspection and maintenance of stormwater management
                 facilities that includes all maintenance requirements and
                 persons responsible for performing maintenance. If the
                 designated maintenance responsibility is with a party other
                 than the Board of Supervisors, then a maintenance agreement
                 shall be executed between the responsible party and the
                 Board of Supervisors.



                                 Page - 27












          9-6        EROSION AND SEDIMENT CONTROL PLAN

               An erosion and sediment control plan shall be submitted that
          satisfies the requirements of this Article and is in accordance with
          the Richmond county Erosion and Sediment Control Ordinance, in
          conjunction with the site plan or subdivision plan approval.


          9-7        FINAL PLAN

               Final plans for property shall be final plats for land to be
          subdivided or site plans for land not to be subdivided as required by
          the Richmond County Site Plan Ordinance.

          9-7-1      Final plans shall include information shown on the
                     preliminary site plan and the additional information:

               a.    The delineation of the Resource Protection Area boundary;

               b.    The delineation of the required buffer areas;

               C.    All wetlands permits required by law;

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

          9-7-2   Installation and bonding requirements.

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

               b.    When the occupancy of a structure is desired prior to the
                     completion of the required landscaping, stormwater
                     management facilities, of other specifications of an
                     approved plan, a Certificate of occupancy may be issued
                     only if the applicant provides to the Board of Supervisors
                     a form of surety satisfactory to the Land use Administrator
                     in an amount equal to the remaining plant materials,
                     related materials, and installation costs of the required
                     landscaping or facilities and/or maintenance costs for any
                     required stormwater management facilities during the
                     construction period.

               c. 'All required landscaping shall be installed and approved by
                     the first planting season following issuance of a
                     Certificate of Occupancy or the surety may be forfeited to
                     the Board.




                                     Page - 28










           d.   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 the Board. The Board may
                collect from the applicant the amount by which the
                reasonable cost of required actions exceeds the amount of
                the surety held.

           e.   After all required actions of the approved site plan have
                been completed, the applicant must submit a written request
                for a final inspection. If the requirements of the
                approved plan have been completed to the satisfaction of
                the Land Use 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 Land Use Administrator may require a certificate of
                Substantial Completion from a Professional Engineer or
                Class IIIB Surveyor before making a final inspection.

      9-8       ADMINISTRATIVE RESPONSIBILITY

           Administration of the plan of development process shall be in
      accordance with the Richmond County Site Plan Ordinance or the
      Richmond County Subdivision Ordinance.

      9-9       DENIAL OF PLAN, APPEAL OF CONDITIONS OR MODIFICATIONS

           In the event the final plan or any component of the plan of
      development process is disapproved and recommended conditions or
      modifications are unacceptable to the applicant, the applicant may
      appeal such administrative decision to the Richmond County Planning
      Commission. In granting an appeal the Planning Commission 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 Ordinance. If the Planning Commission finds that the
      applicant's plan does not meet the above stated criteria, it shall
      deny approval of the plan.














                               Page - 29













                          ARTICLE  10: NONCONFORMING USE AND
                                        DEVELOPMENT WAIVERS


          10-1       CONTINUATION  OF LAWFUL USE

                The lawful use of  a building or structure which existed on the
          date of adoption.of this Ordinance or which exists at the time of any
          amendment to this Ordinance, and which is not in conformity with the
          provisions of this Ordinance may be continued.

          10-2       DEVELOPMENT WAIVER

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

          10-2-1     The Land Use 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 thatg

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

                b.   Any development or land disturbance exceeding an area of
                     2500 square feet complies with all requirements of the
                     Richmond County Erosion and Sediment Control Ordinance.

          10-2-2     An application for a nonconforming use and development
                     waiver shall be made to and upon forms furnished by the
                     Land Use Administrator and shall include 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 (Tax Map and Parcel
                     Number) 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.

          10-2-3     A nonconforming use and development waiver shall become
                     null and void twelve months from the date issued if no
                     substantial work has commenced.







                                     Page - 30











                      ARTICLE 11: EXEMPTIONS



      11-1       LOCAL UTILITY EXEMPTIONS

           Construction, installation, and maintenance of water, sewer, and
      local gas lines shall be exempt from the provisions of this ordinance
      provided that:

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

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

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

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

      11-2       EXEMPTIONS FOR SILVICULTURAL ACTIVITIES

           Silvicultural activities are exempt from the requirements of
      this ordinance 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".

      11-3       EXEMPTIONS IN RESOURCE PROTECTION AREAS

           The following land disturbances in Resource Protection Areas may
      be exempted from this ordinance: (1) water wells; (2) passive
      recreation facilities such as boardwalks, trails, and pathways; and
      (3) historic preservation and archaeological activities, provided
      that it is demonstrated to the satisfaction of the Land Use
      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 planned or
                 approved uses; and

           d.    Any land disturbance exceeding an area of 2,500 square feet
                 shall comply with all Richmond County erosion and sediment
                 control requirements.



                                 Page - 31













                            ARTICLE-12: EXCEPTIONS


            12-1       REQUEST FOR EXCEPTION

                 A request for.an   exception to the requirements of this Ordinance
            shall be made in writing to the Land Use 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 Article 8
            (Water Quality Impact Assessment) of this Ordinance.

            12-2       EXCEPTION REVIEW

                 The Land Use 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 Land Use
            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 of Richmond County;

                 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 exception request is the minimum necessary to afford
                       relief;

                 d.    The exception request will be consistent with the purpose
                       and intent of this Ordinance, and not injurious to the
                       neighborhood or otherwise detrimental to the public
                       welfare; and

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

            12-3       VARIANCE

                 If the Land Use Administrator cannot make the required findings
            or refuses to grant the exception, the Land Use 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 Board of Supervisors.
            The applicant may then apply to the Board of Supervisors for a
            variance.


            12-4       BOARD OF SUPERVISORS RESPONSIBILITY




                                       Page - 32










            The Board of Supervisors shall consider the water quality impact
       assessment and the findings and rationale of the Land Use
       Administrator in determining consistency with the intended spirit and
       purpose of this ordinance.





















































                                Page   33











                         ARTICLE 13: ENFORCEMENT


          13-1      ENFORCEMENT PROCEDURES

               If the Land Use Administrator shall find that any of the
          provisions of this ordinance are being violated, he shall notify in
          writing the*person responsible for such violations, indicating the
          nature of.the violation and ordering the action necessary to correct
          it. The Land Use Administrator shall order discontinuance of illegal
          use of land, buildings or structures; removal of illegal buildings or
          structures or of illegal work being done; or shall take any other
          action authorized by this ordinance to ensure compliance with or to
          prevent violation of its provisions. If such violation continues,
          the Land Use Administrator shall immediately notify the County
          Attorney of such violation.

               The County Attorney shall immediately institute an appropriate
          action or proceeding in law or equity to prevent such violation, or
          to restrain, correct, or abate such violation.

          13-2      ENFORCEMENT REMEDIES

               in case any building, structure, or land is, or is proposed to
          be, erected, constructed, reconstructed, altered, converted,
          maintained, or used in violation of this Ordinance, the Land Use
          Administrator, with the assistance of the County Attorney, in
          addition to other remedies, may institute in the name of the County
          any appropriate action or proceeding to prevent, restrain, correct or
          abate such building, structure or land, or to prevent, in or about
          such premises, any act, conduct, business, or use constituting a
          violation.


          13-3      VIOLATION AND PENALTY

               All departments, officials, and public employees of Richmond
          County which are vested with the duty and authority to issue permits,
          approve plans or conduct other activities to ensure compliance with
          this Ordinance shall conform to the provisions of this ordinance.
          They shall issue permits, approve plans and conduct other activities
          that allow uses, buildings, or purposes only when they are in harmony
          with the provisions of this Ordinance. Any such permit or plan, if
          issued or approved in conflict with the provisions of this Ordinance,
          shall be null and void.

               Any person, firm, or corporation, whether as principal, agent,
          employed or otherwise, violating, causing, or permitting the
          violation of any of the provisions of this ordinance shall be guilty
          of a misdemeanor and, upon conviction thereof, shall be fined not
          less than ten dollars ($10.00) nor more than five hundred dollars
          ($500.00). Such person, firm, or corporation shall be deemed to be
          guilty of a separate offense for each and every day during which any
          portion of any violation of this Ordinance is committed, continued,
          or permitted by such person, firm, or corporation, and shall be
          punishable as herein provided.



                                    Page - 34










                    ARTICLE 14: FEES, CHARGES, EXPENSES,
                                 AND REQUIRED MATERIALS

          The Richmond County Board of Supervisors shall establish a
     schedule of fees, charges, expenses, and required materials, and
     collection procedure for permits, certificates of occupancy, appeals,
     and other matters pertaining to this Ordinance. The schedule of
     fees, which is adopted by reference and declared to be a part of the
     Ordinance shall be posted in the office of the Land Use
     Administrator, and may be altered or amended only by the Board of
     Supervisors. Sufficient fees shall be collected to cover the cost of
     making inspections, issuing permits, reviewing plans, advertising of
     notices, and other expenses incident to the administration of this
     Ordinance.

          Until all applicable fees, charges, and expenses have been paid
    ,in full, and all required material has been submitted, no action
     shall be taken on any application or appeal.







































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