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



                                                    A-
                                                    'Ppendix L27
FA                                                  (Final Product)









V4

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













                                    1






















                               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


                                           3







                    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


                                         5







                      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.




                                       7








                 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.










                                          8








               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.


                                         9









                       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



                                          10







                     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


                                        11







                      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.


                                        12







                     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


                                       13








                     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


                                       14







                      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


                                         15







                       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


                                          16








                     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;



                                        17







                      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.

































                                        18









                       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.



                                         19







           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


                                        20







                   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.




                                    21







            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


                                          22








                     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.



                                        23








                       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;



                                         24







                      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,


                                         25







                      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


                                         26







                    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;


                                       27








                           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


                                       28







                          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


                                       29







                      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


                                         30







                     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


                                        31








                     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


                                      32







                     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


                                        33







                     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.



                                       34







                     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.



                                        35







           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.
























                                         36








                              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,


                                    37







                    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.

















































                                     38






i



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.
















































                                         39




                                                                                                   I






















                                                                         11110muml
                                                                            3 6668 14102 9852