Chesapeake Bay Preservation Area ordinance [Virginia]

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

A-
'Ppendix L27
FA (Final Product)

t- CHESAPEAKE BAY PRESERVATION

AREA ORD I NANCE

COASTAL ZONE

INFORMATION CENTER

NORTHUMBERLAND COUNTY,
VIRGINIA

Support for this project was furnished in part by
the Virginia Council on the Environment and Grant
Number NA89AA-D-CZ134 from the Coastal Zone
Management Program of the National Oceanic and
Atmospheric Administration.

KFV
2858
.C54
1990- NOV 1990

CHESAPEAKE BAY PRESERVATION AREA ORDINANCE
FOR NORTHUMBERLAND COUNTY, VIRGINIA

I CSC LibrarY
, 0

TABLE OF CONTENTS

Article 1 - Title; Findings@of Fact; Purpose and
Intent

Article 2 - Definitions

Article 3 - Chesapeake Bay Preservation Area
Designation

Article 4 Chesapeake Bay Preservation Area
Regulations

Article 5 Site Plan Development Process

Article 6 Fees and Penalties

ARTICLE 1 - TITLE; FINDINGS OF FACT; PURPOSE AND
INTENT

1-1. Title.

This Ordinance shall be known as the "Chesapeake Bay
Preservation Area Ordinance for Northumberland County,
Virginia."

1-2. Findings of fact.

The Chesapeake Bay and its tributaries is one of the
most important and productive estuarine systems in the
world, providing economic and social benefits to the
citizens of Northumberland County and the Commonwealth
of Virginia. The health of the Bay is vital to
maintaining Northumberland County's economy and the
welfare of its citizens.

The Chesapeake Bay waters have been degraded
significantly by many sources of pollution, including
nonpoint source pollution from land uses and
development. These 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,
water in the Bay and
consequently the quality of life in Northumberland
County and the Commonwealth of Virginia.

1-3. Purpose and Intent.

1-3-1. This Ordinance is enacted to implement the requirements
of Section 10.1-2100 et seq. of the Code of Virginia
(The Chesapeake Bay Preservation Act). The intent of
the Governing Body and the purpose of these regulations
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
pollutionstate 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 Northumberland
County.

1-3-2. These regulations shall be in addition to and shall
accompany all other County regulations where they are
applied; including the Zoning Ordinance, Erosion and
Sediment Control Ordinance, Site Plan Development
Process, Flood Plain Management Ordinance, Subdivision
Ordinance, and the Northumberland County Building Code
Ordinance.

1-3-3. This Ordinance is enacted under the authority of
Section 10. '1-2100 et sea. (The Chesapeake Bay
Preservation Act) of the Code of Virginia.

ARTICLE 2 - DEFINITIONS

2-1. General rules of construction.

The following general rules of construction shall apply
to the regulations of this ordinance:

1 . The singular number includes the plural , and the
plural the singular, unless the context clearly
indicates the contrary.

2. Words used in the present tense include the past
and future tenses, and the future the present.

3. The word "shall" is always mandatory. The word
may" is permissive.

4. Words and terms not defined herein shall be
interpreted in accord with their normal dictionary
meaning and customary usage.

2-2. Definitions.

2-2-1. Administrator: The official charged with the
enforcement of this Ordinance. He may be an appointed
or elected official who is, by formal resolution,
designated to the position by the Governing Body.

2-2-2. 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.

2-2-3. Applicant: Any person who- i-s responsible for any
undertaking that requires a site plan development
process or a building permit.

2-2-4. Best management practicos or BMPs: 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.

2-2-5. Buffer area: An area of natural or established
vegetation managed to protect other components of a
Resource Protection Area and state waters from
significant degradation due to land disturbances.

2-2-6. Chesapeake Bay Preservation Area or CBPA: Any land
designated by Northumberland County 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. The Chesapeake Bay
Preservation Area consists of Resource Protection Areas
and Resource Management Areas.

2-2-7. Construction footprint: The area of all impervious
surface, including but not limited to, buildings, roads
and drives, parking areas, sidewalks and the area
necessary for construction of such improvements.

2-2-8. County, the The County of Northumberland, Virgnia.

2-2-9. Circuit Court, the: The Circuit Court of Northumberland
County, Virginia.

2-2-10. Development: The construction, or substantial
alteration, of residential, commercial, industrial,
institutional, recreation, transportation, or utility
facilities or structures.

2-2-11. Diameter at breast height or DBH: The diameter of a
tree measured outside the bark at a point 4.5 feet
above ground.

2-2-12. Governing Body: The Board of Supervisors of
Northumberland County, Virginia.

2-2-13. 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.

2-2-14. Nonpoint source pollution: Pollution consisting of
constituents such as sediment, nutrients, and organic
and toxic substances from di-ffLrse sources, such as run-
off from agriculture and urban land development and
use.

2-2-15. 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.

2-2-16. Noxious weeds: Weeds that are difficult to control
effectively, such as Johnson Grass, Kudzu, and
multiflora rose.

2-2-17. Person: An individual, trustee, executor, other

fidiciary, corporation, firm, partnership, association,
organization, or any other entity acting as a unit.

2-2-18. Site plan development process: 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.

2-2-19. Redevelopment: The process of developing land that is
or has been previously developed. Redevelopment shall
only occur on parcels which have at least 40 percent
impervious cover existing.

2-2-20. Resource Management Area or RMA: That component of the
Chesapeake Bay Preservation Area that is not classified
as the Resource Protection Area. RMAs include land
typed that, i 'f improperly used or developed, have the
potential for causing significant water quality
degradation or for diminishing the functional value of
the Resource Protection Area.

2-2-21. Resource Protection Area or 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.

2-2-22. Tidal shore or shore: Land contiguous to a tidal body
of water between the mean low water level and the mean
high water level.

2-2-23. Tidal wetlands: Vegetated and nonvegetated wetlands as
defined in Section 62.1-13.2 of the Code, of Virginia.

2-2-24. 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 1:24000).

2-2-25. 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 nor limited to (i) ports; (ii) the
intake and outfall structures of power plants, water
treatment plants, sewage treatment plants, and storm
sewers; (iii) marinas and other boat docking
structures; (iv) beaches and other public water-
oriented recreation areas; and (v) fisheries or other
marine resources facilities.

2-2-26. Wetlands: Tidal and nontidal wetlands.

ARTICLE 3 - CHESAPEAKE BAY PRESERVATION AREA DESIGNATION

3-1. Areas of Applicability.

The Chesapeake Bay Preservation Area Regulations shall
apply to all unincorporated areas of Northumberland
County, Virgnia identified as Chesapeake Bay
Preservation Areas as designated by the Governing Body
and as shown on the Northumberland County Chesapeake
Bay Preservation Area (CBPA) map. The CBPA map is
hereby adopted by reference and declared to be a part
of this Ordinance.

3-2. The Resource Protection Area (RPA) includes:

a. Tidal wetlands;

b. Nontidal wetlands connected by surface flow and
contiguous to tidal wetlands, tributary streams, and
ponds located within the floodplain;

c. Tidal shores;

d. Ponds located within the floodplain;

e. A 100-foot vegetated buffer area located adjacent to
and landward of the components listed in subsections a.
through d. above, and along both sides of any tributary
stream, provided that the buffer area shall extend at
least 50 feet landward of any beach or dune.

3-3. The Resource Management Area (RMA) is composed of
concentrations of the following land categories:
floodplains; highly erodible soils, including steep
slopes; highly permeable soi-Is-; nontidal wetlands not
included in the RPA; other lands Northumberland County
feels are necessary to protect the quality of state
waters. The RMA includes all areas of Northumberland
County not included in the RPA.

3-4. The Chesapeake Bay Preservation Area Map references the
general location of all CBPAs and should not be used to
determine the exact location of these areas. Each
request for any activity within the CBPAs will be
determined on a site specific basis related to the
property.

ARTICLE 4 - CHESAPEAKE BAY PRESERVArION AREA REGULATIONS

4-1. Use Regulations.

Permitted uses, special permit uses, accessory uses,
and special requirements shall comply with the
standards set forth by the Zoning Ordinance, unless
specifically modified by the requirements set forth in
this Ordinance.

4-2. Lot size.

Lot size shall be subject to the requirements of the
Zoning Ordinance, provided that any lot shall have
sufficient area outside the Resource Protection Area to
accommodate an intended development, in accordance with
the performance standards in Section 4-9, when such
development is not otherwise allowed in the RPA.

4-3. Required Conditions.

4-3-1. All development and redevelopment exceeding 2,500
square feet of land disturbance shall be subject to the
site plan development process, including the approval
of a final plan in accordance with Section 5-12 of this
Ordinance.

4-3-2. Development in RPAs may be allowed only if it: (i) is
water dependent; or (ii) constitutes redevelopment.

4-3-2-1. A new or expanded water dependent facility may be
allowed provided that:

a. It does not conflict with the Comprehensive Plan;

b. It complies with the performance criteria set forth
in Section 4-6 of this Ordinance;

C. Any non-water dependent component is located
outside of Resource Protection Areas;

d. Access will be provided with the minimum disturbance
necessary. Where possible, a single point of access
will be provided.

4-3-2-2. Redevelopment shall conform to applicable stormwater
management and erosion and sediment control criteria
set forth in this Article and Article 5.

4-4. Conflict with other Regulations.

In any case where the requirements of this Ordinance
conflict with any other provision of the Northumberland
County Ordinances or existing state or federal
regulations, whichever imposes the more stringent
restrictions shall apply.

4-5. Interpretation of Resource Protection Area Boundaries.

4-5-1. Delineation by the Applicant.

When an environmental site assessment is required by
the Administrator, the applicant shall determine the
site specific boundaries of RPA features, subject to
approval by the Administrator and in accordance with
Section 5-6 of this Ordinance. The CBPA map shal 1 be
used as a guide to the general location of RPAs.

4-5-2. Delineation by the Administrator.

When an environmental site assessment has been required
by the Administrator, the applicant wishing to
construct a dwelling unit or any structure secondary to
a dwelling unit may request the Administrator to
delineate the landward extent of tidal wetlands, tidal
shores, nontidal wetlands and ponds located within the
RPA. The Administrator or his duly authorized
representative may then perform these delineations as
requested in accordance with Article 5 of this
Ordinance.

4-5-3. Where Conflict Arises Over Delineation.

Where the applicant has provided a site-specific
delineation of the RPA, the Administrator or his duly
authorized representative shall-- verify the accuracy of
the boundary delineation. In verifying the site-
specific RPA boundary the Administrator shall approve
or disapprove the boundary delineation in accordance
with Section 5-12 of this Ordinance.

4-6. Performance Standards.

4-6-1. 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 run-off. Minimizing
impervious cover enhances rainwater infiltration and
effectively reduces stormwater run-off 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.

4-6-2. General Performance Standards for Development and
Redevelopment.

4-6-2-1. 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 shal 1 not exceed 60% of
the site.

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

4-6-2-2. 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. General woodlot management
including removal of diseased trees or trees weakened
by age, storm, fire, or other injury as well as
silvicultural activities are exempt from this
requirement.

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

C. Prior to clearing or grading, suitable protective
barriers, such as saFety fencing, shall be erected
around 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.

4-6-2-3. Land development shall minimize impervious cover to
promote infiltration of stormwater into the ground
consistent with the use of development permitted.

a. Grid and modular pavements which promote
infiltration shall be considered for any required
parking area, alley, or other low traffic driveway.

b. Parking areas and driveways shall be designed so as
to minimize impervious surface.

4-6-2-4. Notwithstanding any other provisions of this Article or
exceptions or exemptions thereto, any land disturbing
activity exceeding 2,500 square feet, including
construction of all single-family dwellings, septic
tanks and drainfields, shall comply with the
requirements of the Northumberland County Erosion and
Sediment Control Ordinance.

4-6-2-5. All on-site sewage disposal systems not requiring a
VPDES permit shall be pumped out at least once every
five years.

4-6-2-6. A reserve sewage disposal site with a capacity at least
equal to that of the primary sewage disposal site shall
be provided and must meet with the approval of the
Health Official. 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 Official. 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.

4-5-2-7. For any development or redevelopment, stormwater run-
off shall be controlled by the use of best management
practices that achieve the following:

a. For development, the post-development nonpoint
source pollution run-off load shall not exceed the pre-
development load, based on the calculated average land
cover condition of Virginia's Chesapeake Bay watershed
as specified in Appendix C of the Local Assistance
Manual. All nonpoint source calculations shall be
performed as specified in Appendix C of the Local
Assistance Manual.

b. For redevelopment sites, the nonpoint source
pollution load shall be reduced by at least 10 percent.

The Administrator may waive or modify this requirement
for redevelopment sites that originally incorporated
best management practices for stormwater run-off
quality control, provided the following provisions are
satisfied:

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

2. R'un-off pollution loads must have been
calculated and the BMPs selected for the expressed
purpose of controlling nonpoint source pollution;

3. If best management practices are structural,
evidence shall be provided that facilities are
currently in good working order and performing at
the design levels of service. The 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.

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.

4-6-2-8. 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 protectio-m consistent with this
Ordinance. Such a plan shall be approved by the local
Soil and Water Conservation District by January 1,
1995.

4-6-3. Buffer Area Requirements.

To minimize the adverse effects of human activities on
the other components of Resource Protection Areas,
state waters, and aquatic life, a 100 foot buffer area
of vegetation that is effective in retarding run-off,
preventing erosion, and filtering nonpoint source
pollution from run-off 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 Articles 3 and 5 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 lieuof the 100
foot buffer if approved by the Administrator
after consideration of the water quality impact
assessment, in accordance with Section 5-9 of this
Ordinance.

4-6-3-1. The buffer area shall be maintained to meet the
following additional performance standards:

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 run-off,
preventing erosion, and filtering nonpoint source
pollution from run-off.

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
recommendation of the Department of Forestry.

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.

4-6-3-2. When the application of the buffer areas would result
in the loss of a buildable area on a lot or parcel
recorded prior to October 1, 1989, the width of the
buffer may be modified in accordance with the following
criteria:

a. Modifications to the buffer areas shall be the
minimum necessary to achieve a reasonable buildable

area for a principal structure and necessary utilities;

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

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

4-6-3-3. 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 or state funded
agricultural best management practices program,
provided that the combination of the reduced buffer
area and the best management practices achieve water
quality protection, pollutant removal, and water
resource conservation at least the equivalent of the
100-foot buffer area;

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

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

4-7. Nonconforming use and development waivers.

The lawful use of a building or structure which existed
on September 20, 1990 or which exists at the time of
any amendment to this Ordinance, and which is not in
conformity with the provisions of the this Article may
be continued in accordance with Article 11 of the
Zoning Ordinance.

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

4-7-1. The 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 net increase in nonpoint source
pollution load;

b. Any development or land disturbance exceeding an
area of 2,500 square feet complies with all erosion and
sediment control requirements of the Northumberland
County Erosion and Sediment Control Ordinance.

c. Any expansion or enlargement does not exceed 50% of
existing square footage.

4-7-2. An application for a nonconforming use and development
waiver shall be made to and upon forms furnished by the
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 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 RPAs;

d. Location and description of any existing private
water supply or sewage system.

4-7-3. A nonconforming use and development waiver shall become
null and void six months from the date issued if no
substantial work has commenced.

4-8. Exemptions.

4-8-1. Exemptions for Utilities.

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

a. To the degree possible, the location of such
utilities and facil-ities should be outside RPAs;

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

C. All such construction, installation, and
maintenance of such utilities and facilities shall be
in compliance with all applicable state and federal
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 requirements of the
Northumberland County Erosion and Sediment Control
Ordinance.

4-8-2. Exemptions for Silvicultural Activities.

Silvicultural activities are exempt from the
requirements of this Ordinance.

4-8-3. Exemptions in Resource Protection Areas.

The following land disturbances in Resource Protection
Areas may be exempted from the requirements of this
Article: (i) water wells; (ii) passive recreation
facilities such as boardwalks, trails, and pathways;
and (iii) historic preservation and archaeological
activities, provided 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 usos; and

d. Any land disturbance exceeding an area of 2,500
square feet shall comply with all requirements of the
Northumberland County Erosion and Sediment Control
Ordinance.

4-9. Exceptions.

4-9-1. A request for an exception to the requirements of this
Article shall be made in writing to the Administrator.
It shall identify the impacts of the proposed exception
on water quality and on lands within the Resource
Protection Area through the performance of a water
quality impact assessment which complies with the
provisions of Section 5-9 of this Ordinance.

4-9-2. The Governing Body shall review the request for an
exception after submission of a water quality impact
assessment and may grant the exception with such
conditions and safeguards as deemed necessary to
further the purpose and intent of this Article if the
Governing Body finds:

1. Granting the exception will not confer upon the
applicant any special privileges that are denied by
this Ordinance to other property owners;

2. 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 nonconforming that
are related to adjacent parcels;

3. The exception request is the minimum necessary to
afford relief;

4. 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

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

4-9-4. Any person or persons jointly or severally aggrieved by
any decision of the Governing body, or any taxpayer or
any officer, department, board, or bureau of the County
or any municipality therein, may present to the Circuit
Court a petition specifying the grounds on which
aggrieved within thirty (30) days after the filing of
the decision in the office of the Governing Body.

ARTICLE 5 - Sim PLAN DEVELOPMENT PROCESS

5-1. Purpose and Intent.

This Article is enacted to assure compliance with this
ordinance and all applicable ordinances and
regulations, to protect and enhance the values of the
natural environment in Northumberland County, to
protect the economic value of the natural environment
from unwise and disorderly development, to ensure the
efficient use of land, and to create standards in the
layout, design, landscaping, and construction of
development.

5-2. Application.

The site plan development process as described in this
Article must be followed for all development or
redevelopment in CBPAs requiring a zoning permit,
special exceptions permit, conditional use permit,
wetlands permit, or rezoning request; or for a
subdivision, planned unit development or cluster
development.

Any development or redevelopment exceeding 2,500 square
feet of land disturbance shall follow the site plan
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.

5-3. Procedures for Plan Preparation and Submission.

In addition to the requirements of this Ordinance, the
Zoning Ordinance, the Subdivision Ordinance, and any
other related ordinances or laws, the site plan
development process shal '1 consist of the plans and
studies identified below. These required plans and
studies may be coordinated or combined, as deemed
appropriatG by the Administrator. The Administrator
may determine that some of the following information is
unnecessary due to the scope and nature of the proposed
development.

5-3-1. Prior to submitting a plan, the applicant may schedule
a pre-application conference with the Administrator.
Sketched plans may be submitted prior to or on the
conference date. Due to existing site conditions, the
Administrator may waive certain requirements of the
site plan development process.

5-3-2. The following plans or studies shall be submitted,
unless otherwise provided for:

1. A site plan or subdivision plat;

2. An environmental site assessment;

3. A landscape plan;

4. A stormwater management plan;

5. An erosion and sediment control plan;

6. A water quality impact assessment.

5-4. Site Plan.

Two copies of the site plan shall be submitted and
shall be clearly drawn to scale and shall show the
following unless otherwise indicated by the
Administrator:

1. Name and address of the applicant, owner of the
parcel, and the plan preparer.

2. Location of the property including name of
subdivision, tax map parcel number, and name of street
where property is located.

3. A boundary survey of the tract (if available) or
site plan limit showing north arrow and property line
measurements.

4. Location of all building restriction lines,
setbacks, easements, covenant restrictions, and rights-
of-way.

5. Existing zoning.

6. Date, scale, and number of sheets.

7. The location of all existing and proposed
structures, including marine structures and temporary
structures. In the case of temporary structures the
date when the structure will be removed must be
indicated.

8. The location and extent of all wooded areas before
development; the proposed construction footprint, with
indication of post-development cover.

9. Computations shall include the total site area in
acres, the approximate amount and percentage of the
site to be covered by open space and the amount and

percentage to be covered by impervious surface after
development.

10. The location of all existing and proposed septic
tanks and drainfield sites including reserve sites; the
location of all existing and proposed wells.

11. The location of all existing and proposed
easements for streets, overhead and underground
utilities, drainage, or any other easements which may
exist or are proposed on the property.

12. The location of all curb cuts as approved by the
Virginia Department of Transportation.

13. The location and layout of any driveways or
parking areas, or any other paved or graveled areas.

14. The short:est distances from all property lines to
all existing and proposed structures.

15. The approximate limit of all Resource Protection
Area features and any additional required buffer areas
if an environmental site assessment is not submitted.

16. The approximate limit of the 100-year floodplain.

17. Included with the site plan shall be documentation
of all existing permits and applications relevant to
the parcel, including but not limited to; Health
Department permits for all wells and septic
drainfields; all existing zoning permits and zoning
applications; applications for rezoning, special use
permits, and zoning variances.

5-5. Environmental Site Assessment.

An environmental site assessment is required to
determine the exact boundaries of Resource Protection
Areas and any other environmentally sensitive features
located on the property.

The Administrator may waive the requirement for an
environmental site assessment when the following
features apply:

1. No RPA features or any features as listed in Section
5-5-1 are present within twenty feet of the proposed
construction footprint;

2. The Administrator deems it unnecessary due to the
unique characteristics of the site or intensity of the
proposed development.

5-5-1. The environmental site assessment shall clearly
delineate the location and extent of Resource
Protection Area features as described in Article 3 of
this Ordinance. The assessment shall also clearly
delineate the following environmental features if
present;

a. Highly erodible soils (erosion index >= 8)including
steep slopes 10 % or greater;

c. Highly permeable soils (permeability >= 6 inch/hour;

d. Nontidal wetlands not included in the Resource
Protection Area;

e. Hydric soils with depth to water table 0"-18";

f. Shrink and swell clays and marine clays;

g. Other sensitive environmental features as determined
by the Administrator.

5-5-2. Wetlands delineations and hydric soil delineations
shall be performed consistent with the procedures
specified in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, 1989.

5-5-3. Resource Protection Area delineation shall be performed
in accordance with Section 4-5 of this Ordinance.

5-5-4. 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
Administrator when the proposed use of development
would result in less than 5,000 square feet of
disturbed area.

5-6. Landscape Plan.

A landscape plan is required by the Administrator to
determine the extent of proposed clearing and grading
and the types and amount of existing and proposed
vegetation.

The Administrator may waive the requirement for the
submission of a landscape plan when:

1.- All proposed clearing is outside of the RPA;

2. The proposed clearing is less than 20,000 square
feet;

3. There is no proposed grading; and

4. The Administrator deems it unnecessary due to the
unique characteristics of the site or intensity of the
proposed development.

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

5-6-1. Contents of the Plan.

a. The landscape plan shal I 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 tre 'es 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 the buffer area, as required by this
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. Any replacement vegetation required by this
Ordinance shall be shown on-the-landscape plan.

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

5-6-2. 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 two (2) planted trees to one (1) removed.
Replacement trees shall be a minimum one and one-half
(1.5) inches DBH at the time of planting.

5-6-3. Maintenance.

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

b. In buffer areas and areas outside the construction
footprint, plant material shall be tended and
maintained in a healthy growing condition and free from
refuse and debris. Unhealthy, dying, or dead plant
materials shall be replaced during the next planting
season, as required by the provisions of this Section.

5-7. Stormwater Management Plan.

A stormwater management plan is required by the
Administrator to determine the amount of stormwater
run-off and the required location and size of necessary
stormwater structures and/or practices to control this
run-off.

The Administrator may waive the requirement for a
stormwater management plan when:

1. The construction footprint is outside of the RPA;

2. Post-development impervious surface will cover less
than 16% of the site;

3. The administrator deems it unnecessary due to the
unique characteristics of the site or intensity of the
proposed development.

5-7-1. 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
IIIA or IIIB Surveyor Certification.

5-7-2. Site specific facilities shall be designed for the
ultimate development of the contributing watershed
based on zoning, comprehensive plans, or other similar
planning documents.

5-7-3. 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 Transr)ortation Drainage Manual, or any
equivalent engineering methods.

5-7-4. 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 Governing Body, then a maintenance
agreement shall be executed between the responsible
party and the Governing Body.

5-8. Erosion and Sediment Control Plan.

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

5-9. Water Quality Impact Assessment.

5-9-1. Purpose.

The purpose of the water quality impact assessment is
to:

1. identify the impacts of proposed development on
water quality and lands within RPAs and other
environmentally sensitive lands;

2. 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;

3. 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

4. specify mitigation which will address water quality
protection.

5-9-2. Water quality impact assessment required.

A water quality impact assessment is required for:

1. any proposed development within an RPA, including
any buffer area modification or reduction as provided
for in this Ordinance;

2. any development in an RMA as deemed necessary by the
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.

5-9-3. Minor water quality impact assessment.

A minor water quality impact assessment pertains only
to development within 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:

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

2. Location and nature of the proposed encroachment
into the buffer area, including: type of paving
material; areas of clearing or grading; location of any
structures, drives, or other impervious cover; and
sewage disposal systems or reserve drainfield sites;

3. Type and location of proposed best management
practices to mitigate the proposed encroachment.

5-9-4. Major water quality impact assessment.

A major water quality impact assessment shall be
required for any development which:

1. 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;

2. 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

3. is located in an RMA and is deemed necessary by the
Administrator. The information required in this
Section shall be considered a minimum, unless the
Administrator determines that some of the elements are
unnecessary due to the scope and nature of 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:

5-9-4-1. All of the information required in a minor water
quality impact assessment, as specified in Section 5-
9-3;

5-9-4-2. 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 and/or destruction of wetlands and
justification for such action;

2. Disruptions or redu-ct-ions 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 material;

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

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

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

9. Percent of site to be cleared for project;

10. Anticipated duration and phasing schedule of
construction project;

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

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

1. Proposed erosion and sediment control concepts;
concepts may include minimizing the extent of the
cleared area, perimeter controls, reduction of
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. Minimizing cut and fill.

5-9-4-3. 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,
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.

5-9-4-4. A wastewater element, where applicable, that:

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

b. Provides j-ustification 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.

5-9-4-5. Identification of the existing characteristics and
conditions of sensitive lands included as components of
Chesapeake Bay Preservation Areas, as defined in
Article 3 of this Ordinance.

5-9-4-6. Identification of the natural processes and ecological
relationships inherent in ttve -site, and an assessment
of the impact of the proposed use and development of
land on these processes and relationships.

5-9-5. Submission and review requirements.

5-9-5-1. Three copies of all site drawings and other applicable
information as required by the Administrator shall be
submitted to the Administrator for review.

5-9-5-2. All information required in this section shall be
certified as complete and accurate by a professional
engineer or a Class IIIA or IIIB land surveyor.

5-9-5-3. A minor water quality impact assessment shall be
prepared and submitted to and reviewed by the
Administrator in conjunction with this Article.

5-9-5-4. As part of any major wator quality impact assessment

submittal, the Administrator may request review by the
Chesapeake Bay Local Assistance Department (CBLAD).
Upon receipt of a major water quality impact
assessment, the 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 Administrator, provided that such
comments are provided by CBLAD within 90 days of the
request.

5-9-6. Evaluation procedure.

5-9-6-1. Upon the complete review of a minor water quality
impact assessment, the Administrator will determine if
any proposed modification or reduction to the buffer
area is consistent with the provisions of Article 4 and
make a finding based upon the following criteria in
conjunction with this Article:

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

b. The development, as proposed, meets the purpose and
intent of Article 4 of this Ordinance;

c. 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.

5-9-6-2. Upon the completed review of a major water quality
impact assessment, the Administrator will determine if
the proposed development is consistent with the purpose
and intent of this Article and make a finding based
upon the following criteria in conjunction with this
Article:

a. The disturbance of wetlands will be minimized;

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

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

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

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

f.- Proposed stormwater management practices are
adequate to control the stormwater run-off to achieve

the required standard for pollutant control;

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

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

i. The development, as proposed, is consistent with the
purpose and intent of Article 4 of this ordinance;

j. The cumulative impact of the p roposed 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.

5-9-6-3. The Administrator shall require additional mitigation
where potential impacts have not been adequately
addressed. Evaluation of mitigation measures will be
made by the Administrator based on the criteria listed
above in sections 5-9-6-1 and 5-9-6-2.

5-9-6-4. The 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 Administrator based on the criteria listed
in sections 5-9-6-1 and 5-9-6-2.

5-10. Plan Requirements for Subdivisions, Cluster
Developments, and Planned Unit Developments.

In addition to the requirements for submission of a
preliminary site plan, the following information shall
be shown on all site plans f-or- industrial, commercial,
multi-family, public and planned unit developments as
well as for land divisions and subdivisions unless
otherwise indicated by the Administrator.

1. Title of the project.

2. Vicinty map at a scale of no less than one inch
equals two thousand (2,000) feet.

3. County, state, magisterial district, names and
numbers of adjacent roads, streams, and bodies of
water, or other landmarks sufficient to clearly
identify the location of the property.

4. A boundary survey of the tract with an error of
closure within the limit of one in ten thousand
(10,000), related to true north, grid north, or
magnetic north, showing the location and type of

boundary evidence.

5. Scale of plat (no larger than one inch to two
hundred (200) feet, unless previously approved by the
Subdivision Agent or Zoning Administrator).

6. Date of completion and any subsequent revisions.

7. Location, width, names and numbers of all existing
and proposed streets and easements in and adjoining the
site.

8. Location of all existing and proposed entrances to
site.

9. Number of lots in subdivision.

10. Acreage of individual lots.

11. Total length of shoreline.

12. Names of owners and locations of abutting
properties.

13. Proposed lot layout, lot numbers, block letters,
and dimensions of lots (or locations of cluster
development or planned unit development).

14. Location of and description of proposed sewage
disposal systems. In the case of septic systems, both
promary and reserve sites must be located and a
professional soils report stating the suitability of
the land for such systems shall be included.

15. Water supply and distribution plan.

16. Fire protection plan.

17. Refuse disposal plan.

18. Stormwater management plan (see Section 5-7).

19. Provisions for off-street parking including areas
for recreational vehicles, boats, etc. Indications of
type of surfacing, size, angle of stalls, width of
aisles and a specific schedule showing the number of
parking spaces provided.

20. Location or proposed location of each building on
the site, including any accessory buildings, utility
lines, street lights, etc.

21. Location, height and type of all external lighting.

22. Location, size and height of all existing and

proposed signs.

23. Location and identification of all other proposed
facilities (swimming pools, tennis courts, etc.)

24. Conceptual grading plan showing soil types, limits
of clearing and grading, existing and proposed grades,
and location of natural watercourses, wetlands, and
f 1 oodp 1 ai ns.

23. Such other information as may be required by the
Administrator.

24. Plans for subdivisions, cluster developments, and
planned unit developments must be signed and certified
by a professional engineer or architect.

5-11. Final Plan. -

A final plan shall be a site plan and all other
plans as required by the Administrator.

5-11-1. Final plans for all lands within CBPAs shall include
a maintenance agreement as deemed necessary and
appropriate by the Administrator to ensure proper
maintenance of best management practices in order to
continue their functions.

5-11-2. Final Plan Review Procedures.

5-11-2-1. Final plans shall be submitted to the Administrator.
The filing of the final plan in addition to a zoning
permit application signed by the applicant or his or
her agent, together with payment of the prescribed
filing fees, shall constitute an application for zoning
approval.

5-11-2-2. The Administrator shall check the final plan for
general completeness and compliance with such
administrative requirements as are established.

5-11-2-3. All final plans which are appropriately submitted and
conform to standards and requirements set forth in this
Ordinance shall be reviewed by the Administrator
relative to:

1. Compliance with all applicable requirements of this
Ordinance and the Zoning Ordinance, including but not
limited to setbacks, height of building, lot area, lot
coverage, landscaping and screening;

2. Location and design of vehicular and pedestrian
access points, to include concurrenc(i from the Virginia

Department of Transportation on proposed entrances and
exits from public streets;

3. Location and adequacy of automobile parking areas;

4. Adequacy of drainage, sewage disposal, and
compliance with established design criteria,
construction standards, and specifications;

5. Protection of environmentally sensitive features;

6. Provision of adequate erosion and sedimentation
control measures of both a temporary and permanent
nature.

5-11-2-4. The Administrator shall consider the final plan in
light of the provisions of this Ordinance and approve
or disapprove the final plan within sixty (60) days
from submission of the plan. In the case of
disapproval, the Administrator may suggest
modifications, requesting thereon any changes or
additional information that will be required. one copy
of the final plan shall be returned to the applicant,
with the date of such approval or disapproval noted
thereon over the signature of the Administrator.

5-11-2-5. If the Administrator fails to approve or disapprove a
final plan within sixty (60) days after it has been
officially submitted for approval, the applicant, after
ten (10) days notice to the Administrator, may petition
the Governing Body to decide whether the plat should be
approved or disapproved.

5-12. Installation and bonding requirements.

a. Where buffer areas, -l-an-dscaping, 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 final plan.

b. When the occupancy of a structure is desired prior
to the completion of the required landscaping,
stormwater management facilities, or other
specifications of an approved plan; a Certificate of
Occupancy may be issued only if the applicant provides
to the Governing Body a form of surety satisfactory to
the 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 Governing Body.

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
Governing Body. The Governing Body 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 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 Administrator may
require a Certificate of Substantial Completion from a
Professional Engineer or Class IIIb Surveyor before
making a final inspection.

5-13. Period of Validity of Approved Final Plan.

An approved final plan shall become null and void if no
significant work is done or development is made on the
site within one year from final plan approval.
Construction or development may begin upon approval of
the final plan by the Administrator and acquisition of
appropriate permits. The Governing Body may grant a
single six month extension upon written request of the
applicant.

5-14. Minor or Major Adjustment in Approved Final Plan.

5-14-1. After a final plan has been approved by the
Administrator, minor adjustments of the final plan,
which comply with the spirit of this Article and other
provisions of this Ordinance and with the general
purpose of the comprehensive plan for development of
the area, may be approved by the Administrator.
Deviation from an approved final plan without the
written approval of the Administrator shall void the
plan and the Administrator shall require the applicant
to resubmit a new plan for consideration.

5-14-2. Any major revision of an approved final plan may be
made in the same manner as originally approved and any
requirements of this Article may be waived by the
Administrator in specific cases where such requirement
is found to be unreasonable and where such waiver will
not be adverse to the purpose of this Ordinance.

5-15. Administration and Administrative Responsibility.

Administration of the plan of development process shall
be in accordance with this Ordinance,_the Zoning
Ordinance and the Subdivision Ordinance.

5-16. Denial of Plan, Appeal of Conditions or Modifications.

In the event 'the final plan or any component of the
final plan is disapproved and recommended conditions or
modifications are unacceptable to the applicant, the
applicant may appeal such administrative decision to
the Governing Body. The appeal must be made in writing
and filed within thirty (30) days after notification of
the decision as provided in Section 5-11-2-4 of this
Ordinance. In granting an appeal, the Governing Body
must find such plan to be in accordance with all
applicable ordinances and include necessary elements to
mitigate any detrimental impact on water quality upon
adjacent property and the surrounding area, or such
plan meets the purpose and intent of the performance
standards in this Ordinance. If the Governing Body
finds that the applicant's plan does not meet the above
stated criteria, they shall deny approval of the plan.

ARTICLE 6 - ENFORCEMENT

6-1. Enforcement procedures.

If the 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
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 Administrator shall immediately notify
the Commonwealth's Attorney of such violation.

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

6-2. 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 Administrator, with the assistance
of the Commonwealth's 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.

6-3. Violation and penalty.

All departments, officials, and public employees of
Northumberland 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 nul-l 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.

I ARTICLE 7 - FEES

7-1. Fees.

Fees are established by the Governing Body and are
designated to help defray the cost of administering
this program.

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