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

                                                                                       t- y '91                Task 60
                                                                                             Final Product


                                                                                                  3/31/93












































                                                                                                 COUNTY
             QC                                                                                  OF
             968
             N8
             S76                                                                                 NEW
             1992                                                                                KENT









                               rNEW KENT COUNTY
                         STORKWATER MANAGEMENT ORDINANCE















          The preparation of this ordinance was fu nded, in part, by the
   1@3_ Virginia Council on the Environment's Coastal Resources Management
   Qy-             Program through grant #NA170ZO359-01 of the
            National Oceanic and Atmospheric Administration under the
                 Coastal Zone Management Act of 1972 as amended.












                                   Prepared by
                 Richmond Regional Planning District Commission

                                  December, 1992














                                         CHAPTER 9


                                     LAND DEVELOPMENT


                    ARTICLE I. Local Erosion and Sediment Control
                             And Stormwater Management Plan

                       Division 1. Erosion and Sediment Control

         ï¿½ 9-1.     Definitions.
         ï¿½ 9-2.     Exemption.
         ï¿½ 9-3.     Application.
         ï¿½ 9-4.     Erosion and sediment Control Plan, requirements, fees.
         ï¿½ 9-5.     Plan submission, requirements and approval, bonding.
         ï¿½ 9-6.     Amendment of plan.
         ï¿½ 9-7.     Inspection and enforcement.
         ï¿½ 9-8.     Administrative appeal, judicial review.
         ï¿½ 9-9.     Liability for land disturbing activities.
         ï¿½ 9-10.    Penalties.

                       Division 2. Stormwater Management Plans
                       Within Chesapeake Bay Preservation Areas

           9 11.    Minimtm Reefalrements.
           9-11.    Submittal of Plan.
           9 12.    Submittal ef Plan.
         ï¿½ 9-12.    Stormwater Management Options.
         ï¿½ 9 3:3.   Best Management Praetlees (BMP).
         ï¿½ 9-13.    minimum Requirements.
         ï¿½ 9 14.    eentents ef the Plan.
         ï¿½ 9-14.    Exemptions and Exceptions.
         ï¿½ 9-15.    Plan of Development Process.
         ï¿½ 9-1-56.  Final Plan.
         ï¿½ 9-147.   Performance assurances.
         ï¿½ 9-148 through 9-19. Reserved for future legislation.

                                 ARTICLE II. Wetlands.

         ï¿½ 9-20.    Appointment, term, etc., of local wetlands board.
         ï¿½ 9-21.    Definitions.
         ï¿½ 9-22.    Uses allowed without permit.
         ï¿½ 9-23.    Permit required; applications.
         ï¿½ 9-24.    Applications, etc., are public records.
         ï¿½ 9-25.    Notice and hearing.
         ï¿½ 9-26.    Hearing procedures.
         ï¿½ 9-27.    Performance guarantees; suspension or revocation of
                    permit.
         ï¿½ 9-28.    Standards for review.
         ï¿½ 9-29.    Permits generally.
         ï¿½ 9-30.    Violations; penalties.
         ï¿½ 9-31.    Repeal of former wetlands ordinance.




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                              ARTICLE III. Zoning
I       ï¿½ 9-35 through ï¿½ 9-335. Index attached.
I                           ARTICLE IV. Subdivision
        ï¿½ 9-350 through 9-436. Index attached.
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                                      CHAPTER 9


                                  LAND DEVELOPMENT


                  Article I. Local Erosion and Sediment Control
                           and Stormwater Management Plan

                        For state law as to erosion and sediment control,
                        see 10.1-560 through 10.1-573 of the Code of
                        Virginia of 1950, as amended.

                     Division 1. Erosion and Sediment Control

        .Sec. 9-1. Definitions.

              As used in this Article the following terms shall have the
        meanings respectively ascribed to them, unless the context clearly
        indicates a different meaning:

              A. The term "Land Disturbing Activity" shall mean any land
        change which may result in soil erosion from water or wind and the
        movement of sediments into State waters or onto lands in the
        Commonwealth, including, but not limited to, the clearing, grading,
        excavating, transporting, and filling of land, other than federal
        lands.

              B. The term "Clearing" shall mean any activity which removes
        the vegetative ground cover including but not limited to root mat
        removal and/or topsoil removal.

              C. The term "Grading" shall mean any excavating or filling of
        earth materials or any combination thereof, including the land in
        its excavated or filled condition.

              D. The term "Excavating" shall mean any digging, scooping or
        other method of removing earth materials.

              E.    The term "Filling" shall mean any depositing or
        stockpiling of earth materials.

              F.  The term "Transporting" shall mean any moving of earth
        materials from one place to another, other than such movement
        incidental to grading when such movement results in destroying the
        vegetative ground cover, either by tracking or by the buildup of
        earth materials to the extent that erosion and sedimentation will
        result from the soil or earth materials over which such
        transporting occurs.

              G. The term "Person" shall mean any individual, partnership,
        firm, association, joint venture, public or private corporation,
        trust, estate, commission, board, public or private institution,
        utility, cooperative, county, city, town, or other political
        subdivision of this state, any interstate body, or any other legal











         entity.

              H.     The   term "Erosion and Sediment Control Plan"
         "Conservation Plan" . or "Plan" shall mean a document containing
         material for the conservation of soil and water resources of a unit
         or a group of units of land. It may include appropriate maps, an
         appropriate soil and water plan inventory and management
         information with needed interpretations, and a record of decisions
         contributing to conservation treatment.   The plan shall contain all
         major conservation decisions to insure that the entire unit or
         units of land will be so treated as to achieve the conservation
         objectives.

              I. "Erosion impact area" shall     mean an area of land not
         associated with current land disturbing activity but subject to
         persistent soil erosion resulting in the delivery of sediment onto
         neighboring properties or into State waters. This definition shall
         not apply to any lot or parcel of land of one acre or less used f or
         residential purposes or to shorelines where the erosion results
         from wave action or other coastal processes.

              J.   The terms "District" or "Soil and Water Conservation
         District" shall mean the Colonial Soil and Water Conservation
         District.

              K :   The term "Governing Body" shall mean the Board of
         supervisors of New Kent County.

              L.    The term "Administrator" shall mean the Director of
         Planning of New Kent County.

              M.    The term "Plan Approving Authority" shall mean the
         Director of Planning of New Kent County.

              N.   The term "Land Disturbing Permit" shall mean a permit
         issued by the Administrator to persons engaged in a land disturbing
         activity.

              0.   The term "Best Management Practices" or 11BMPs11 means a
         practice, or a combination of practices, that is determined by a
         state or designated area-wide planning agency to be the most
         effective, practical means of preventing or reducing the amount of
         pollution generated by nonpoint sources to a level compatible with
         water quality goals.

              P. The term "Resource Protection Area" or 11RPA11 means that
         component of the Chesapeake Bay Preservation area comprised of
         lands at or near the shoreline that have 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.

              Q. The term "Wetlands" means those areas 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 adapted for life in saturated
         soil conditions. Wetlands generally include swamps, marshes, bogs
         and similar areas. (9/8/75) (amended 7/12/82) (11/29/91)

              R.   The term '$Chesapeake Bay Preservation Area$$ means any
         land designated by . the County pursuant to Part III on the
         Chesapeake Bay Preservation Area Designation and Management
         Regulations, VR 173-02-01, and Section 10.1-2107 of the Code of
         Virginia. A Chesapeake Bay Preservation Area Shall consist of a
         Resource Protection Area and a Resource Management Area.

              S.   The term I'Stormwater Management Plan" means a document
         containing material for describing how stormwater quality will be
         maintained by a land development project and comply with the
         requirements of Division 2 of this ordinance.

              T.   The term "Plan of Developmentil means the process f or 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.

              U.   The term "Development'l means the construction, or
         substantial alteration,, of residential, commercial, industrial,
         institutional, recreation, transportation, or utility facilities or
         structures.

              V.   The term "Redevelopment" means the process of developing
         land that is or has been previously developed.

         Sec. 9-2. Exemptions.

              A. The provisions of this article shall not be construed to
         apply to the following land disturbing activities:

              1.   Such minor land disturbing activities as home gardens and
                   individual home landscaping, repairs and maintenance;

              2.   Construction, installation or maintenance of electric and
                   telephone utility lines conducted pursuant to ï¿½10.1-563D
                   of the Code of Virginia;

              3.   Installation, maintenance or repair of any underground
                   public utility lines when such activity occurs on an
                   existing hard-surf aced road, street, or sidewalk provided
                   such land disturbing activity is confined to the area of
                   the road, street, or sidewalk which is hard-surfaced;

              4.   Surface or deep mining;

              5.   Exploration or drilling for oil and gas, including the
                   well site; roads, and off-site disposal areas;

              6.   Tilling, planting or harvesting of agricultural,










                    horticultural, or forest crops;

              7.    Construction, repair or rebuilding of the tracks, right-
                    of-way, bridges, communication facilities and other
                    related structures and facilities of a railroad company
                    conducted pursuant to ï¿½10.1-563D of the Code of Virginia;


              8.    Installation of fence and sign posts or telephone and
                    electric poles and other kinds of posts or poles;

              9.    Shore  erosion   control   projects   on  tidal    waters
                    recommended by the soil and water conservation districts
                    in which the projects are located or approved by the
                    Marine Resources Commission.

              10.   Emergency work to protect life, limb or property, and
                    emergency repairs; provided that if the land disturbing
                    activity would have required an approved erosion and
                    sediment control plan, if the activity were not an
                    emergency, then the land area disturbed shall be shaped
                    and stabilized in accordance with the requirements of the
                    Director of Planning.

              11.   Engineering operations on privately owned, occupied or
                    operated agricultural, horticultural or forest lands such
                    as the construction of terraces, terrace outlets, check
                    dams, desilting basins, dikes, ponds, ditches, and the
                    like, and utilization of strip cropping, lister
                    furrowing, contour cultivating, contour furrowing; land
                    drainage; land irrigation; sloping, abandoned, or eroded
                    lands to water-conserving and erosion-preventing plants,
                    trees and,grasses; rotation of crops, soil stabilization
                    with trees, grasses, legumes, and other thick growing,
                    soil holding crops, retardation of runoff by increasing
                    absorption of rainfall; and retirement from cultivation
                    of steep, highly erosive areas and areas now badly
                    gullied or otherwise eroded.

              12.   Land disturbing activities which involve lands which
                    extend into the jurisdiction of another local erosion and
                    sediment control program; provided such person has a plan
                    approved by the Virginia Division of soil and Water
                    Conservation.    Such person shall comply with the
                    requirements of this ordinance concerning the posting of
                    a cash escrow or letter of credit.

              13.   Land disturbing activities conducted by any state agency
                    pursuant to ï¿½10.1-564 of the Code of Virginia. (9/8/75)
                    (7/12/82)

              B.    For those activities exempted under subsection A, the
         following  conditions apply:










              1.   To the degree possible, the location of such utilities
                   and facilities shall be outside Resource Protection Area


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

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

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

              C.  Exemption for Silvicultural Activities.

              Silvicultural activities in RPAs are exempt from the
        requirements of this Article provided that silvicultural operations
        adhere to water quality protection procedures prescribed by the
        Department of Forestry in its "Best Management Practices Handbook
        for Forestry Operations." (11/29/91)

        Sec. 9-3. Application.

              A. Except as provided for in ï¿½ 9-2 of this Article, no person
        may engage in any land disturbing activity until such person has an
        erosion and sediment control plan for such land disturbing activity
        approved by the plan approving authority and has obtained a land
        disturbing permit as provided for in ï¿½ 9-4 of this Article.

              B.   In addition to the requirements in subsection A, all
                   development and redevelopment exceeding 2500 square feet
                   of land disturbances, including construction of all
                   single-family houses, septic tanks and drainf ields, shall
                   be subject to a plan of development process, including
                   the approval of a site plan in accordance with the
                   provisions of the zoning ordinance or a subdivision plat
                   in accordance with the Subdivision Ordinance. (11/29/91)

        Sec. 9-4. Erosion and Sediment Control Plan. reauirements, fees.

              A. The plan required by ï¿½ 9-3 of this Article shall detail
        those methods and techniques to be utilized in the control of
        erosion and sedimentation. As a minimum the plan shall meet the
        requirements of the Virginia Erosion and Sediment Regulations,
        VSRS-625-02-00, or any amendments thereto.

              B. Upon approval of an erosion and sediment control plan, a
        land disturbing permit shall be issued. No such permit shall be
        issued until performance is secured as required by this Article and
        all required fees have been paid.










              C. A plan review and inspection fee of $75.00 for projects
         involving one acre or less plus $10. 00 per acre of land or part
         thereof in excess of one acre shall be paid at the time of filing
         the erosion and sediment control plan. In no event shall this fee
         exceed $1,000.00. The determination by the Administrator of the
         acreage involved in the project shall be final.

              D. No agency authorized under law to issue grading, building,
         or other permits for activities involving land disturbing
         activities may issue any such permits until the applicant therefor
         submits with his application evidence of a plan approved under the
         provisions of this Article. (7/12/82)     (6/12/89)  (11/29/91)

          Sec. 9-5. Plan submission, recruirements and approval, bonding.

              A. Five copies of the erosion and sediment control plan shall
         be submitted to the Administrator, and be accompanied by the
         following information:

              1.   Name, address and phone number of applicant.

              2.   Name, address and phone number of landowner of record.

              3.   Name, address and phone number of person responsible for
                   carrying out the plan.

              4.   Name, address and phone number of the person preparing
                   the plan.

              5.   Location of the site, including but not limited to, road
                   number, tax map reference, and lot number.

              6.   other information as determined by the Administrator.

              B.   Upon submission of an erosion  and sediment control plan
         to the plan approving authority:

              1 .  The plan approving authority shall within forty-five (45)
                   days approve any such plan if it determines the plan
                   meets the conservation standards required by this Article
                   and if the person responsible for carrying out the plan
                   certifies that he will properly perform the erosion and
                   sediment control measures included in the plan and will
                   conform to the provisions of this Article.              In
                   determining whether any plan meets the required
                   conservation standards the plan approving authority may
                   seek the advice of the District.

              2.   The plan approving authority shall act on all plans
                   submitted within forty-five (45) days from receipt
                   thereof by either approving said plan in writing or by
                   disapproving said plan in writing and giving the specific
                   reasons for its disapproval. When a plan submitted for
                   approval under this article is found upon review to be










                    inadequate, the plan approving authority shall specify
                    such modifications, terms, and conditions as will permit
                    approval of the plan and communicate those requirements
                    to the applicant within forty-five (45) days.

               3.   If no action is taken by the plan approving authority
                    within the time specified, the plan shall be deemed
                    approved and the person authorized to proceed with the
                    proposed activity.

               C.   All control measures required by this Article shall be
         undertaken at the expense of the owner or his agent; and pending
         actual compliance with the terms of this Article, the owner or his
         agent shall execute and file with the Administrator prior to the
         issuance of the land disturbing permit an agreement for a cash
         escrow or irrevocable loan commitment, or irrevocable letter of
         credit in an amount determined by the Administrator to be equal to
         the approximate total cost of providing the erosion and sediment
         control improvements and in a form approved by the County Attorney,
         guaranteeing that the required control measures will be properly
         and satisfactorily undertaken and maintained. The minimum letter
         of credit or cash escrow required under this section shall be Five
         Hundred ($500.00) Dollars. Within sixty (60) days of the adequate
         stabilization of the land disturbing activity, such cash escrow,
         letter of credit or other legal arrangement, or the unexpended or
         unobligated portion thereof shall be refunded to the owner or his
         agent or terminated as the case may be.         Adequate stabilization
         will consist of at least an 85% vegetative cover.                     The
         administrator shall have sole authority to determine whether
         adequate vegetation exists.             (9/8/75)     (amended 7/12/82)
         (11/29/91)

         Sec. 9-6. Amendment of plan.

               An approved plan may be amended by the plan approving
         authority, if on-site inspection indicates that the approved
         control measures are not effective in controlling erosion and
         sedimentation or if because of changed circumstances the approved
         plan cannot be carried out.             (9/8/75)     (amended 7/12/82)
         (11/29/91)

         Sec. 9-7. Inspection and enforcement.

               A. Inspection and enforcement of this ordinance shall rest
         with  the Administrator and with the County Inspector as the Agent
         of the Administrator.

               B.   The Administrator shall provide for periodic on-site
         inspections. Pursuant to ï¿½ 10.1-566(A) of the Code of Virginia,
         and the owner, occupants or operator shall be provided an
         opportunity to accompany the inspector.         Notice of the right of
         inspection shall be included in all land disturbing permits issued.
         The Administrator shall be responsible for developing and
         implementing a filing system for land disturbing projects.










              C.   Upon determination that a violation exists or that the
         permittee has f ailed to comply with the plan, the administrator
         shall prepare a notice to comply which shall contain a detailed
         description of the conservation measures necessary for compliance.
         Such notice shall be served upon the permittee by registered or
         certified mail to the address specified by the permittee in the in
         the permit application. If no action is taken within forty-eight
         (48) hours of delivery of the notice to comply, the Administrator
         may issue a stop work order or prepare a letter of intent to
         utilize the performance cash escrow or other legal arrangement to
         perform the conservation measures to correct the deficiency.

              1.   Except as provided below, the stop work order may be
         issued only after the alleged violator has failed to comply with a
         notice to comply. The order shall be served in the same manner as
         a notice to comply, and shall remain in effect for seven (7) days
         from the date of service pending application by the enforcing
         authority or alleged violator for appropriate relief to the circuit
         court of the jurisdiction wherein the violation was alleged to have
         occurred.   Where the alleged noncompliance is causing or is in
         imminent danger of causing harmful erosion of lands or sediment
         deposition in waters within the watersheds of the Commonwealth,
         such an order may be issued whether or not the alleged violator has
         been issued a notice to comply.

              2.   If the letter of intent to utilize the performance
         guarantee is used, it shall be sent by registered mail to the
         permittee.   If no action is taken to correct the deficiencies
         within f ive (5) days of the sending of the letter of intent to
         utilize the security, then the Administrator shall proceed to
         authorize the corrective measures to be made and to recover the
         cost thereof f rom the security.   The failure of a permittee to
         comply with the notice provided for in this subparagraph shall be
         deemed to be a violation of this article.


              D. In addition to any criminal penalties provided under this
         section, any person who violates any provision of this section may
         be liable to the county, city or the Board, as appropriate, in a
         civil action for damages.

              E.   Nothing herein shall be construed so as to prohibit the
         Administrator from applying to the Circuit Court of New Kent County
         for appropriate relief, injunctive or otherwise.

              F.  without limiting the remedies which may be obtained in
         this section, any person violating or failing, neglecting or
         refusing to obey any injunction, mandamus or other remedy obtained
         pursuant to this section shall be subject, in the discretion of the
         court, to a civil penalty not to exceed $2,000 for each violation.
         (9/8/75) (amended 7/12/82) (11/29/91)

         Sec. 9-8. Administrative appeal, iudicial review.










              Final decisions of the Administrator or the plan approving
         authority under this article shall be subject to review by the
         Board of Supervisors, provided an appeal is filed within thirty
         (30) days of the date of any written decision by the Administrator
         or the plan approving authority.

              Final decisions of the Board of Supervisors shall be subject
         to review by the Circuit Court of New Kent County, provided an
         appeal is filed within thirty (30) days of any written decision
         adversely affecting the rights, duties or privileges of the person
         engaging in or proposing to engage in land disturbing activities.
         (9/8/75) (amended 7/12/82) (11/29/91)

         Sec. 9-9. Liability for land disturbing activities.

              Compliance with the provisions of this article shall be prima
         facie evidence in any legal or equitable proceeding for damages
         caused by erosion, siltation or sedimentation that all requirements
         ?f law have been met and the complaining party must show negligence
         in order to recover any damages.         (9/8/75)    (amended 7/12/82)
         (11/29/91)

         Sec. 9-10. Penalties.

              Violation of any provision of this article shall be deemed a
         misdemeanor. Any person convicted of violating any provisions of
         this article shall be subject to a fine of not more than one
         thousand dollars ($1,000.00) or to thirty (30) days imprisonment
         for each violation or both.       Nothing herein shall be deemed to
         limit the authority of the County to apply to the Circuit Court of
         the County of New Kent for injunctive relief to enjoin a violation
         or threatened violation of this Article.           (9/8/75)     (amended
         7/12/82) (11/29/91)

                    Note:      For state law as to penalties and injunctive
                               proceedings, see ï¿½ 10.1-560 et seq, Code of
                               Virginia.













                       Division 2. stormwater Management Plan
                      Within Chesapeake Bay Preservation Areas

         Sec. 9-11. Submittal of Plan.

              In addition to a Site Plan and an Erosion and Sediment Control
         Plan, development that occurs within designated Chesapeake Bay
         Preservation Areas shall have an approved Stormwater Management
         Plan. A stormwater management plan shall be submitted as part of
         the plan of development process required by this ordinance and in
         conjunction with site plan or subdivision plan preliminary
         approval. (11/29/91) [Previous sentence moved from original Sec.
         9-12 below]

         Sec. 9-12. Stormwater Management Options.

              The following stormwater management options shall be
         considered adequate to control stormwater runoff:

              A.   Incorporation on the site of best management practices
         that achieve the required control as detailed in Sec. 9-12;

              B.   Compliance with a locally adopted regional stormwater
         management program incorporating pro-rata share payments pursuant
         to the authority provided in ï¿½ 15.1-466(j) of the Code of Virginia
         that results in achievement of equivalent water quality protection;

              C.   For a redevelopment site that is completely impervious as
         currently developed, restoring a minimum 20% of the site to
         vegetated open space.

              Any  maintenance, alteration, use, or improvement - to an
         existing structure which does not degrade the quality of surface
         water discharge, as determined by the local government, may be
         exempted from the above stormwater management requirements.













         
         Sec. 9-13. Minimum Requirements.

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

              A.   For development, the post-development nonpoint source
         pollution runoff load shall not exceed the pre-development load,
         based on the calculated average land cover conditions as determined
         by the County Planning director;

              B.   For redevelopment sites, the existing nonpoint source
         pollution load shall be reduced by at least 10 percent. The County
         may waive or modify this requirement for redevelopment sites that
         originally incorporated best management practices for stormwater
         runoff quality control, provided the following provisions are
         satisfied:

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

              2.   Runoff 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 County 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 procedure. However, where
         the design data is available, the original post-development
         nonpoint source pollution loadings can be substituted for the
         existing development loadings.











                      1.    Location and design of stormwater control devices
				    and BMPs.
			    2.    Procedures for implementing nonstructural
				    stormwater control practices and techniques.
			    3.    Pre and Post development and nonpoint source
				    pollution loading with supporting documentation of
				    all utilized coefficients adn calculation.
			    4.    For facilites, verification of structural
				    soundness, including a professional engineer or
				    Class III B Surveyor Certification.
			B.  The plan shall establish a long term schedule for 
		inspection and maintenance of stormwater management facilites that
		include all maintenance requirements and persons responsive for 
		performing maintenance.  If the designated maintenance
		responsivility is with a party other than New Kent County, then a
		maintenance agreement hsall be executed between the responsible
		party and the County.
			c.	Erosion and sediment control plan in accordance with 
		Division 1 of this Article.
			D. 	Site Plan in accordance with Article III, Division 18 of
		this chaper. (11/29/91)

		Sec. 9-14.  Exemptions and Exceptions.
			Exemption and exceptions to the requirments of this division
		are contained in ARTICLE VI, Chesapeake Bay Preservation Areas,
		Sec. 9-473 and Sec. 9-474.
		Sec. 9-15.  Plan of Development Process.
			A.   The stormwater management plan shall contain maps,
		charts, graphs, tables, photographs, narrative descriptions,
		explanation, and citations to supporting references as
		appropriated to communicate the information required by this
		Division.  At a minimum, the stormwater management plan shall
		contain the following;
				1.	Location and design of stormwater control devices
					and BMPs.
				2.	Procedures for implementing nonstructural
					stormwater control practices and techniques.
				3.	Pre- and Post-development and nonpoint souce
					pollution loading with supporting decumentation of
					all utilized coefficients adn calculations.
				4.	For facilites, verification of structural








                        soundness, including a professional engineer or
                        Class III B Surveyor Certification.

              B.   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 New Kent County, then a
        maintenance agreement shall be executed between the responsible
        party and the County. [Non-bold language taken from original Sec.
        9-13 above]

        Sec. 9-4-5 16. Final Plan.

              A.   Final site plans or final subdivision plans for all lands
        within CBPAs shall include the following information:

              1.   Delineation of the RPA boundary;

              2.   Delineation of required buffer areas;

              3.   Delineation of wetlands;

              4.   All wetlands permits required by law;

              5.   Delineation of slopes 25% or greater; and

              6.   BMP maintenance agreement to ensure proper maintenance of
                   BMPs in order to continue their functions.

              7.   When deemed necessary by the Zoning Administrator, an
                   analysis of the impacts of stormwater flows downstream in
                   the watershed.

              B.   It may not be necessary to satisfy the basic requirements
        for water quality and quantity control by means of structural
        methods.   Non-structural practices including, but not limited to,
        cluster land use development, minimization of impervious surfaces
        and curbing open space acquisition, flood plain management, and
        protection of wetlands, steep slopes and vegetation may be
        coordinated with structural practices. (11/29/91)

        Sec. 9-4-6 17. Performance assurances.

              Performance assurances shall be provided that all BmPs
        required in plans of development shall be constructed to comply
        with the performance criteria set forth therein.        The f orm of
        agreement and type of bond, letter of credit or other security
        shall be to the satisfaction of and approved by the County
        Attorney. The amount of bond, letter of credit or other security
        and designated length of completion time shall be set by the
        Director of Plannin-g. (11/29/91)

        Secs. 9-+-7 18 through 9-19. Reserved for future legislation.





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