[From the U.S. Government Printing Office, www.gpo.gov]
Appendix L28 (Final Product) CHESAPEAKE BAY PRESERVATION AREA REGULATIONS CITY OF PETERSBURG, VIRGINIA Adopted September 18, 1990 Property of CSC Library U.S. DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE CHARLESTON, SC 29405-2413 Support for the development of these regulations was provided, in part, by the Virginia Council on the Environment's Coastal Resources Management Program through Grant No. NA89AA- D-CZ134 of the National Oceanic and Atmospheric Administratioin under the Coastal Zone Management Act of 1972, as amended. KF 5590 .C45 C5 1990 No. 90-141 Pass. 9/18/90 AN ORDINANCE TO AMEND AND REORDAIN THE 19 8 2 CODE OF THE CITY OF PETERSBURG, AS AMENDED, SUCH AMENDMENT ADDING CHAPTER 9.5 TO SAID CODE, SAID CHAPTER ENTITLED "CHESAPEAKE BAY PRESERVATION AREA". BE IT ORDAINED by the City Council of the City of Petersburg that it hereby amends and reordains the 1982 Code o f the City of Petersburg, as heretofore amended, by adding Chapter 9.5 to said Code, said chapter which reads as follows: Chapter 9.5 CHESAPEAKE BAY PRESERVATION AREA J ARTICLE I. FINDINGS OF FACT, PURPOSE AND INTENT Section 9.5-1. Findings of Fact. The Chesapeake Bay and its tributaries represent one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of Petersburg and the Commonwealth of Virginia. The Chesapeake Bay waters have been degraded signifi- cantly by many sources of pollution, including nonpoint source pollution, from land uses and development. Existing.. high !I quality waters are worthy of protection to guard against further degradation. Certain lands that are proximate to shorelines have intri sic water quality value due to the n ecological and biological processes they perform. Other lands have severe development constraints attributable to flooding, erosion, and soil limitations. With proper management, these ij lands offer significant ecological benefits by providing water dontro s p 1 'A-- well--As flood and quality maintenance @and'J-611uti6ii-t- shoreline erosion Thd!E@d-ldhds by the City Council as Chesapeake Bay Preservation Area's (herein- ii after 'ICBPAs"), need to be protected from destruction and 11 damage in order to protect the quality of water in the.Bay and consequently the quality of life in-the City of Petersburg and the Commonwealth of Virginia. Section 9.5-2. Purpose and Intent. (A) This ordinance is enacted to implement the require- ments of Section 10.1-2100 et seq. of the Code of Virginia (The Chesapeake Bay Preservation Act). The intent of the City Council is to establish an overlay district the purpose of which is to: (1) protect existing high quality State waters; (2) restore State waters to a condition or quality that will permit all reasonable public uses and will support the propaga- tion and growth of all aquatic life, including game fish, which. might reasonably be expected to inhabit them; (3) safeguard the I clean waters of the Commonwealth from pollution; (4) prevent n pollution; (5) reduce existing pollution; and any increase 1 (6) promote water resourc e conservation in order to provide for the health, safety, and welfare of the citizens of the City of Petersburg. (B) This district shall be in addition to and shall J overlay all other zoning districts so that any parcel of land lying in the Chesapeake! Bay Preservation Area Overlay District shall also lie in one or more of the other zoning districts 2 provided for by the Zoning Ordinance. Unless otherwise stated in the Overlay District, the existing review and approval procedures provided in current city ordinances and regulations shall be followed in reviewing and approving development, rede- velopment, and uses governed by this chapter. (C) This chapter is enacted under the authority. of Section 10.1-2100 et seq. (The Chesapeake Bay Preservation Act) and Section 15.1-489 of the Code of Virginia. Section 15.1-489 states that zoning ordinances may "also include reasonable provisionsr not inconsistent with applicable State water quality standards, to protect surface water and groundwater as defined in Section 62.1-44.85(8)." ARTICLE II. DEFINITIONS Section 9.5-3. General Rules of Construction. The following words and terms used in this chapter have the following meanings, unless the context clearly indicates otherwise. Words and terms not defined in this chapter but defined in the Zoning Ordinance shall be given the meanings set forth therein. Section 9.5-4. Definitions. "Agricultural land" means that land used for the plant- ing and harvesting of crops or plant growth of any kind in the open; pasture; horticulture; dairying; floriculture; or raising of poultry or livestock. "Best Management. Practice" or "BMP" means a practice, or a combination of practices, that is determined by a state or 3 -designated area-wide Planning agency.. to: --be.. the-, -most e f fectivp'f practical means of preventing-or reducing the- amount of-pollu--@ tion generated by nonpoint -sources to..'a,,.level compatible.with water quality goals. "Buffer area" means an area of natural or established vegetation managed.to protect other components of a Resource Protection Area and State waters from significant degradation due to land disturbances. "Chesapeake Bay Preservation Area" or "CBPA" means any land designated by the City Council pursuant to Part III of the Chesapeake Bay Preservation Area Designation and , Management Regulations, VR 173-02-01, and Section 10.1-210.7 of the Code of Virginia. A Chesapeake Bay Preservation Area shall consist of a Resource Protection Area and a Resource Management Area. "Construction foot print" means the area of all impervi- ous surface including, but not limited to, buildings, roads and drives, parking areas and sidewalks, and the area necessary for construction of such improvements.. "Development" means the construction, or substantial alteration, of residential, commercial, industrial, institu- tional, recreation, transportation, or utility facilities or structures. "Diameter at Breast Height" or "DBH" means the diameter of a tree measured outside the bark at a point 4.5 feet above ground. "Dripline" means a vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy. ji 4 "Impervious cover" means a surface composed of any Material that significantly impedes or prevents natural inf il- tration 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. "Nonpoint source pollution" means pollution consisting of constituents such as sediment, -nutrients, and organic and toxic substances from diffuse sources, such as runof f from agriculture and urban land development and use. "Nontidal wetlands" means those wetlands other than tidal wetlands that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation.typically adapted for life in sat@rated soil condi- tions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal Clean Water Act, in 33 C.F.R. 328.3b, dated November 13, 1986. "Noxious weeds" means weeds that are difficult to con- trol effectively, such as Johnson Grass, Kudzu, and multiflora rose. "Plan of Develq ment" means the process for site plan p or subdivision plat review to ensure compliance with Section 10.1-2109 of the Code of Virginia and this chapter prior to any clearing or grading of a site or the issuance of a building permit. "Redevelopment" means the process of* developing land that is or has been previously developed. 5 "Resource Management Area" or "RM means -that component of--the Chesapeake Bay Preservation Area that is not classified as the Resource.-Protecti6n Area. RMAs,include land types that, if improperly'used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of the Resource Protection Area. "Resource Protection Area" or "RPA" means that component of the Chesapeake Bay Preservation Area comprised of lands,at or near the shoreline that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in signif icant degradation to the quality of State waters. "Tidal shore" or "shore" means land contiguous to a tidal body of water between the mean low-.water level and the mean high water level. "Tidal wetlands" means vegetated and nonvegetated wet- lands as defined in Section 62.1-13.2 of the Code of Virginia. Tributary stream" means any perennial stream that is so depicted on the most recent U.S. Geological Survey 7-1/2 minute topographic quadrangle map (scale 1:24,000). "Water -dependent facility" means a development of land, that cannot exist outside of the Resource Protection Area and must be located on the! shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to: (1) ports; (2) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers; (3) marinas and other boat docking structures; (4) beaches and other public water-oriented 6 :recreation areas; and (5) fisheries or other marine resources ':facilities. Wetlands" means tidal and nontidal wetlands. ARTICLE III. APPLICATION ,,Section 9.5-5. Areas of Applicability. (A) The Chesapeake Bay Preservation Area Overlay District shall apply to all lands identified as CBPAs as designated by the .City Council and as shown on the Chesapeake Bay Preservation Area .Map. The Chesapeake Bay Preservation Area Map, together with all .,explanatory matter thereon, is hereby adopted by reference and @declared to be a part of this chapter. (1) The Resource Protection Area is all lands within the City lying within the Chesapeakle Bay outfall including: (a) Tidal shores; (b) Tidal wetlands; (c) Non'tidall. wetlands connected by surface flow and contiguous to tidal wetlands or tributary streams;; (d) A 100-foot vegetated buffer area located adja- cent to and landward of the components listed in subsections .(a) through (c) above, and along both sides of any tributary stream. (2) The Resource Management Area is composed of that area lying 100 feet landward of and contiguous to the Resource Protection Area and, in addition, any area consisting of the 100-year floodplain and hydric soils adjacent to tributary streams included in the 7 RPA, as-'delineated*on'the above-referenced Map. AB) The Chesapeake Bay Preservation Area Map shows the genera l- -location :6f"'CBPAs and @'shculd be consulted by persons contemplating activities within the City of Petersburg prior to engaging in a regulated activity. (C) If the boundaries of an RPA or RMA include a por tion of a lot or parcel, the entire-lot or parcel shall comply with the requirements of the Overlay District. The division of property shall not constitute an exemption from this require- ment. Section 9.5-6. Use Regulations. Permitted uses, special permit uses, accessory uses, and special requirements shall be as established by the underlying zoning district (s) , unless specifically modified by the re- quirements set forth herein. Section 9.5-7. Lot Size. Lot size shall be sub ject to the- requirements of the underlying zoning district(s), provided that any lot shall have sufficient area outside the RPA to accommodate an intended development, in accordance with the performance standards in Section 9.5-11 of this chapter, when such development is not otherwise allowed in the RPA. Section 9.5-8. Required Conditions. (A) All development and redevelopment exceeding 2,500 square feet of land disturbance shall b e 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 .8 subdivision Plat, in accordance with the Subdivision Ordinance.. (B) Development in RPAs may be allowed only if it: (1) is water-dependent; or (2) constitutes redevelopment. (C) A water quality impact assessment shall be required for any proposed development or redevelopment within RPAs and for any development within RMAs when required by the City Director of Public Works because of the unique characteristics of the site or intensity of development,.in accordance with the provisions of Section 9.5-12, of this chapter. section 9.5-9. Conflict with other Regulations. In any case where the requirements of this chapter conflict with any other provision of the Code of the City of Petersburg, the requirements of this chapter shall apply. Section 9.5-10.. Interpretation of Resource Protection Area Boundaries. (A) Delineation.by the Applicant. The site-specific boundaries of the Resource Protection Area shall ordinarily be determined by the applicant through the performance of an environmental site assessment, subject to approval by the Director of Planning and in accordance with Section 9.5-12 of this chapter. The Chesapeake Bay Preserva- tion Area Map shall be used as a guide to the general location of Resource Protection Areas. (B) Where Conflict Arises over Delineation. Where the applicant has provided a site-specific delin- eation of the RPA, the Director of Planning will verify the accuracy of the boundary delineation. In determining the site- specific RPA boundary, the Director of Planning may render 9 adjustments to the applicant's boundary delineation, in accor- dance with Section 9.5-12 of this chapter.- In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance*with the provi- sions of Section 9.5-12(1) of this chapter. Section 9.5-11. Performance Standards. (A) Purpose and Intent. The performance standards establish the means to mini- mize erosion and sedimentation potential, reduce land applica- !i tion of nutrients and toxins, and maximize rainwater infiltra- tion. 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 pesti- cides, filters stormwater runoff. Minimizing- impervious cover enhances rainwater infiltration and effectively reduces storm- water runoff potential. The purpose and intent of these requirements are also to implement the following objectives: (1) prevent a net increase in nonpoint source pollution from new development; (2) achieve a 10 percent reduction in nonpoint source pollution from redevelopment; and (3) achieve a 40 percent reduction in non- point source pollution from agricultural uses. (B) General Performance Standards for Development and Redevelopment. (1) Land disturbance shall be limited to the area necessary to provide for the desired use or development. 10 (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 physi- cally marked on the development site. (b) The construction footprint shall not exceed 60 percent of the site. (c) Ingress and egress during construction shall be limited to one access point, unless other- wise approved by the City.Director of Public Works. (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 6 inches in diameter or greater at breast height (DBH) shall be preserved out- side the construction footprint. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed, as approved by the City Director of Public Works. (b) Clearing'shall be allowed only to provide nec- essary access, positive site drainage, water quality BMPs, and the installation of utili- ties, as approved by the 'City Director of Public Works. A (c) Prior to clearin g or grading,' suitable pro-, tective barriers, such as. safety fencing, shall be erected 5 feet outside the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris or fill. shall not be allowed within the area protected by the barriers. (3) Land development shall minimize impervious cover to promote infiltration of stormwater into the g n rou d consistent with the use or development permitted. (a). Pervious surfaces, such as gri d and modular pavements, shall be used for any required parking area, alley, or other low traffic driveway unless otherwise approved by the City Director of Public Works. (b) Parkinc space size, with the exception of handicapped spaces, shall be 162 square feet. Parking space width shall be 9 feet; parking space length shall be 18 feet. (4) Notwithstanding any other provisions of this chap- ter or exceptions thereto, any land disturbing activity exceeding 2,500 square feet, including construction of all single-family houses, septic tanks, and drainfields, shall comply with the re- quirements of Chapter 12 of the City Code, Erosion and Sediment Control Ordinance. 12 (5) All on-site sewage disposal systems not requiring a Virginia Pollution Discharge Elimination System permit shall be pumped out at least once every 5 years. (6) Where an area is not served by public sewer system, a reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided. This requirement shall not apply to an, lot or parcel recorded prior to Octo- ber 1, 1989 if such lot or parcel is not sufficient in. capacity to accommodate a reserve sewage dis- posal site, as determined by the local Health Department.' Building or construction of any imper- vious surface shall be prohibited on the area of all sewage- disposal sites or on an on-site 'sewage treatment system which operates under a permit issued by the State Water Control Board until the structure is; served by public sewer. (7) For any development or redevelopment, stormwater runoff shall- be controlled by the use of best man- agement 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 average total. phosphorus loading of 0.45 pounds per acre per year; (b) For isolated redevelopment sites, the nonpoint source pollution load shall be reduced by at 13 least 10-percent.@ The City Director of Public 'Works may waive or modify this requirement for redevelopment sites that originally incorpo- rated BMPS for stormwater runoff quality con- trol, provided the following provisions are satisf ied: 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 BMPS are structural, evidence shall be provided that facilities are currently in good working order and performing at the design levels of service. The City Director of Public Works 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 chapter. (c) For redevelopment, both the pre- and post-. development loadings shall be. calculated by the same procedures. However, where the design data are available, the original post- development nonpoint source pollution loadings 14 can be substituted for the existing develop- ment loadings. (8) Prior to initiating grading or other on-site activ- ities on any portion of a lot or parcel, all wet- lands permits required by federal, State, and local laws and regulations shall be obtained and evidence of such submitted to the City Director of Public d Works, in, accordance with Section 9.5-12 of this chapter. (9) Land upon which agricultural activities are being conducted shall have a soil and water quality con- servation plan. Such plan shall be based upon the Field Office Technical Guide of the U.S. Department of Agricultural Soil Conservation Service And accomplish water quality protection consistent with this ordinance. Such a plan shall be approved by the local Soil and Water Conservation District by January 1, 1995. (C) Buffet Area Requirements. To minimize the adverse effects of human activities on the other components: of Resource Protection Areas, State 11 waters, and aquatic life, a 100-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be re-. tained if present and established where it does not exist if. erosion problems are evident. The buffer area shall be located adjacent to and land- ward of other RPA components and along both sides. of any 15 tributary stream. The full buffer area shall-be-designated as the landward-component of the RPA, in accordance with Sections 9.5-5 and 9.5-12 of this chapter. 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 bU f eet in width and appropriate BMPs located landward of the buffer area which collectively achieve water quality pro,tec- tion, pollutant removal, and water resource conservation at least the equivalent of the full 100-foot buffer area may be employed in lieu of the 1 00-foot buffer if approved by the City Director of - Public Works after consideration of the water quality impact assessment, in accordance with Sectio n 9.5-12 of this chapter.' The buffer area shall be maintained to meet the follow- ing additional performance standards: (1) In order to maintain the functional value of the buffer area., indigenous vegetation may be removed only to provide for reasonable sight lines, access paths, general woodlot management, and BMPS, 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 effec- tive in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff; 16 (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 land- owner, and silvicultural thinning may be conducted based upon the recommendation of a professional forester or arborist; (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. (2) When the application of the buffe r areas would result in the loss of a buildable area on a lot or parcel recorded prior to -October 1, 1989, the Director- of Planning, after consulting with the City Director of Public Works, may modify the width of the buffer area in accordance with Section 9.5-12 of this chapter and the following criteria: (a) Modifications to the buffer areas shall be the minimum necessary to achieve a reasonable buildable are a for a principal structure and. necessary utilities; (b) Where possible, an area equal to the area en- croaching the buffer area shall be established A 17 elsewhere on the lot or parcel in a way -to @-maximize water quality protection; (c) In no case shall the reduced portion of the buffer area be less than 50 feet in width. (3) Redevelopment within IDAs may be exempt from the buffer area, in accordance with Section 9.5-12 of this chapter. (4) on agricultural lands, the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and noxious weeds from invading the buffer area. The agricultural buffer area may be reduced as follows: (a) To a minimum width of 50 feet when the adja- c.ent land is implementing a federal, State, or locally-funded agricultural BMPs program, provided that the combination of the reduced buffer area-and the BMPs achieve water-quality protection, pollutant removal, and water resource conservation at least the equivalent of the 100-foot buffer area; N (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 Dis- trict, 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 18 accomplish water quality protection consistent with this chapter; icul- (c) The buffer area is not required for agr tural drainage ditches if the adjacent-agri- cultural land has in'place BMPs in accordance with a conservation plan approved by the local Soil arid Water Conservation District. Section 9.5-12. Plan of Development Process. Any development or redevelopment exceeding 2,500 square feet of land disturbance shall be accomplished through a plan of development process prior to any clearing or grading of the site or the issuance of any building permit, to assure compli- ance with all applicable requirements of this chapter. (A) Required Information. In addition to the requirements of the Zoning Ordinance, Appendix A of this Code, or the requirements of the Subdivi i ision Ordinance, Chapter 33 of this Code, the plan of development shall consist of the plans and studies identified process below. These required plans and studies may be coordinated or combined, as deemed- appropriate by the City Director of Public Works. The City Director of Public Works may determine that some of the following information is unnecessary due to the scope and nature of the proposed development. The following plans or studies shall be submitted, un- less otherwise directed: (1) A site plan or a subdivision plat, in accordance with the provisions of the Subdivision Ordinance, Chapter 33 of this Code; 19 (2) An environmental site assessment; (3) A.landscaping plan; (4) A stormwater-management plan; (5) An erosion and sediment control plan, in accordance with the provisions of Chapter 12 of this Code; it (6). A, water quality impact assessment as necessary under the requirements of Section 9.5-12(F) of this chapter. (B) Environmental Site Assessment. An environmental. site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivi- sion plan approval. (1) The environmental site assessment shall be drawn to .scale and clearly delineate the following environ- mental features: (a) Tidal shores; (b) Tidal wetlands; (c) Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or tributary streams; (d) A 100-foot buffer area located adjacent to and d of the components listed in subsec- landwar tions (a) through (c) above, and along both sides of any tributary stream; (e) other sensitive environmental features as de- termined by the City Director of Public Works. (2) Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual 20 for Identif Ld Delineating Jurisdictional wetlands, 191189. (3) The environmental site assessment shall delineate the site-SpeCifiC geographic extent of the RPA. (4) The environmental site assessment shall'be drawn at the same scale as the preliminary site plan or sub- division plat, and shall be certified as complete and accurate by a professional engineer or a certi- fied land surveyor. This requirement may be waived by the City Director of Public Works whenthe pro- posed use or development would result in less than 5,000 square feet of disturbed area. (C) Landscaping Plan. A landscaping plan shall be submitted in conjunction with site plan approval or as part of subdivision plat ap- proval. No clearing or grading of any lot or parcel shall be permitted without an approved landscaping plan. Landscaping plans shall be prepared and certified by design professionals practicing within their areas of compe- tence as prescribed by -the Code of Virginia. (1) Contents of the Plan. (a) The landscaping plan shall be drawn to scale and clearly delineate the location, size, and description of existing and proposed plant. material. All existing trees - on the site 6 inches or greater DBH Lshall be shown on the landscaping plan. Where there are groups of 5 or more trees, stands may be outlined instead. 21 The specific -number of trees.-6 inches -or greater DBH to be preserved outside of the construction footprint shall be indicated on the plan. Trees to be removed shall be clearly delineated on the landscaping plan. (b) Any required buffer area shall be clearly de- lineated, and any plant material to be added to establish or supplement the buffer area, as required by this chapter, shall be shown on the landscaping plan. (c) Within the buffer area, trees to be removed for sight lines, vistas, access paths, and BMPS, as provided for in this chapter, shall be shown on the plan. Vegetation required by hapter to replace any existing trees this c within the buffer area shall also be shown on the landscaping plan. (d) Trees to be removed for shoreline stabiliza- tion projects and any replacement vegetation required by this chapter shall be shown on the landscaping plan. (e) The landscaping plan shall depict "grade changes or other work adjacent to trees which would affect them adversely. Specifications shall be provided as to how grade, drainage and aeration would be maintained around trees to be preserved. 22 (f) The landscaping plan will include specifica- ..tions for the protection of existing trees during clearing, grading, and all phases of construction. (2) Plant Specifications. (a) All pliant 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 materi- als shall be living and in a healthy condi- tion. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen. (c) Where areas to be preserved, as designated on an approved landscaping plan, are encroached, replacement of existing trees and other vegetation will be achieved at a ratio of 3 planted trees to 1 removed. Replacement trees shall 'be a minimum of 3.5 inches DBH at the time of planting. (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 chapter. 23 (b) In buf fer areas and areas outside the con- struction 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 chapter. (D) Stormwater Management Plan. A stormwater management plan shall be submitted as part of the plan of development process required by this chapter and in conjunction with site plan or subdivision plan approval. (1) Contents of the Plan. The stormwater management plan shall contain map s, charts, graphs, tables, photographs, narrative de- scriptions, explanations, and citations to support- ing references as appropriate to communicate the information required by this chapter. At a mini- mum, the stormwater management plan must contain the following: (a) Location and design of all planned stormwater control devices- (b) Procedures for implementing nonstructural stormwater control practices and techniques; (c) Pre- and post-development nonpoint source pol- lutant loadings with supporting documentation of all utilized coefficients and calculations; 24 (d) For fELCilities, verification of structural soundness, including a Professional Engineer or Class III B Surveyor Certification. (2) Site specific facilities shall be designed for the ultimate development of the contributing watershed based on zoning, comprehensive plans, local public facility master plans, or other similar planning documents. (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 Transportation Drainage Manual, or any other good engineering methods deemed appropri- ate by the City Director of Public Works. (4) The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities that includes all maintenance require- ments and persons responsible for performing main- tenance. If the designated maintenance responsi- bility is with a party other than the City of Petersburg, then a maintenance agreement shall be executed between the responsible party and the City of Petersburg. (E) Erosion and Sediment Control Plan. An ero sion and sediment control plan shall be submitted that satisfies the requirements of this chapter and in 25 accordance with Chapter 12 of this Code, in conjunction with site plan or subdivision plan approval. (F) Water Quality Impact Assessment. (1) Purpose and Intent. The purpose of the water quality impact assessment is to: (a) identify the impacts of proposed devel- opment on water quality and lands within RPAs and other environmentally- sensitive lands; (b) 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; (c) protect individuals from investing funds for improvements proposed for location on -lands unsuited for such development because of high groundwater, erosion, or vulnerability to flood and storm damage; (d) provide for administrative relief from the terms of this chapter when warranted and in accordance with the requirements contained herein; and (e) specify mitigation which will address water quality protection. (2) Water Quality*Impact Assessment Required. A water quality impact assessment is required for. (a) any proposed development within an RPA, includ- ing any buffer area 'modification or reduction as p vided for in Section 9.5-11 of this chapter; (b) ro any development in an RMA as deemed necessary by 26 the City Director of Public Works due to the unique character i sitic s of the site or intensity of the proposed development. There shall be two levels of water quality impact assessment: a minor assessment and a major assessment. (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 an- modification or reduction of the land- ward 50 feet of the 100-foot buffer area. Submis- sion of a plan of development that demonstrates, through the use of calculations and information provided for by Section 9.5-12(D)(1) of this chap- ter, that the remaining buffer area and necessary BMPS will result inremoval of no less than 75 per- cent of sediments and 40 percent of nutrients from post-development stormwater runoff shall be deemed to have satisfied the requirement for a minor water quality impact assessment. (4) Major Water'Quality Impact Assessment. A major water quality impact assessment shall be required for, any development which (a) exceeds 5,000 square feet of land disturbance within CBPAs and requires any modification or reduction of the landward 50 feet of the 100-foot' buffer area; (b) disturbs arty portion of the seaward 50 feet of the 100-foot buffer area or any other component of an 27 RPA; or (c) is located in an RMA and is deemed necessary by the City Director of Public Works. The information required in this section shall be considered -a 'minimum, unless the City Director of Public Works determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land. The following elements shall be included in the preparation and submission of a major water quality assessment: (a) All of the information required in a minor water quality mpact assessment, as -specified in Section 9.5-12(F)(3) of this chapter; (b) A hydrogeological element that: 1) Describes the existing topography, soils, hydrology, and geology of the site and adjacent lands; 2) Describes the impacts of the proposed de- velopment on topography, soils, hydrology, and geology of the site and adjacent lands; 3) Indicates the' disturbance or destruction of' wetlands and justification 'for such action; 4) Indicates the disruptions or reductions in the supply of water to wetlands, streams, lakes, rivers or other water bodies; 28 5) Indicates the disruptions to existing hydrology including wetla nd and stream circulation patterns; 6) Indicates the source, location, and description of proposed fill material; 7) Indicates the location of dredge material and location of dumping area for such material; 8) Indicates the location of and impacts on shellfish beds, submerged aquatic vegeta- tion, and 'fish spawning areas; 9) Estimates percent increase in impervious surface on site and type(s) of surfacing materials used; 10) Indicates percent of site to be cleared for project; 11) Indicates duration and phasing schedule of construction project; 12) Lists requisite permits from all appli- cable -agencies necessary to develop project. 13) Describes the proposed mitigation measures for the potential hydrogeological impacts which may include: a) Proposed erosion and sediment control concepts; concepts may include mini- mizing the extent of the cleared area, perimeter controls, reduction of 29 runof f velocities, measures to stabilize disturbed areas, schedule and personnel for site inspection; b) Proposed stormwater management system; c) Creation of wetlands to replace those lost; d) Minimizing cut and fill. (c) A landscape element that describes the poten- tial measures for mitigation of the water quality and land impacts within the CBPAs. Possible mitigation measures include: 1 Replanting schedule for trees and other significant vegetation removed for con- st:r.,uction, in accordance with a plan ap- proved by the City Director 'of Public Works; 2) Demonstration that the design of the plan will preserve to the greatest extent pos- sible any significant trees and vegetation on the site and will provide maximum ero- sion control and overland flow benefits from such vegetation; 3) Demonstration that indigenous plants are to be used to the greatest extent possi- ble. (d) A wastewater element, where applicable, that: 1) Includes calculations and locations of 30 anticipated drainfield or wastewater irri- gation areas; 2) Provides justification for sewer line locations in environmentally-sen'sitive areas describes where applicable, and construction techniques and standards; 3) Discusses any proposed on-site collection and treatment systems, their treatment levels, and impacts on receiving water- courses; -of the 4) Describes the potential impacts proposed wastewater systems on water qual- ity and lands within CBPAs including the proposed mitigative measures for these impacts. (e) Identification of the existing characteristics and conditions of sensitive lands included as components of Chesapeake Bay Preservation Areasp as defined in this chapter. (f) As part of any major water quality impact assessment . submittal, the City Director of Public works may require review by the -.Chesa- peake Bay Local Assistance Department (CBLAD). Upon receipt of a major water quality impact assessment, the City Director of Public Works will determine if such review is warranted and may request CBLAD to review the assessment and respond with written conunents. Any,comments 31 by CBLAD -will be incorporated into the final review by the City Director of Public Works, provided that such comments are provided by CBLAD within 90 days of the request. (5) Evaluation Procedure. (a) Upon the completed review of a minor water quality impact assessment, the City Director of Public Works will determine if any proposed modification or reduction to the buf fer area sistent with the provisions of this is con chapter and that the following criteria have been satisfied: 1) The proposed encroachment is necessary due to the inability to piace improvements elsewhere on the site to avoid disturbance of the buffer area; 2) Impervious surface is minimized; 3) Proposed BMPs, where required, achieve the requisite in pollutant loadings; 4) The development, as proposed, meets the purpose and intent of this chapter; 5) The cumulative impact of the proposed de- velopment, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality. 32 (b) Upon -the completed review of a major water quality impact assessment, the City Director of Public Works will determine if the proposed development is consistent with the purpose and intent of this chapter and that the following criteria have been satisfied: 1) Within any RPA, the proposed development is water-dependent; 2) The disturbance of any wetlands will be minimized; 3) The development will not result in significant disruption of the hydrology of the site; 4) The development will no@ result in sigrii- ficant degradation to aquatic vegetation oz- life; 5) The development will not result in unnec- essary destruction of plant materials on sIte; 6) Proposed erosion and sediment control concepts are adequate to control the stormwater runoff to achieve the required Performance standard for pollutant con- trol; 7) Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve the required performance standard for pollutant control; 33 8) Proposed revegetation of disturbed areas will provide optimum erosion and sediment control'benefits; 9) The design and location of any proposed drainfield will be in accordance with the requirements of Section 9.5-11 of this chapter. 10) The development, as proposed, is consis- tent with the purpose and intent of the Overlay District; 11) The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality. (c) The City Director of Public Works shall re- quire additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the: -City Director of Public Works based on the criteria listed above in subsections (a) and (b) . (d) The CjLty Director of Public Works shall con- clude that the proposal is inconsistent with the purpose and intent of this chapter when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be 34 made by the City Director of Public Works based on the criteria listed. in subsections (a) and (b) (G) Final Plan. Final plans fox- property within CBPAs shall be f inal plats for land to be subdivided or site plans for land not to be subdivided. (1) Final plans for all lands within CBPAs shall in- clude the following additional information: (a) The delineation of the RPA boundary; lineation of required buffer areas; (b) The de (c) All wetlands permits required by law; (d) A maintenance agreement as deemed necessary and appropriate by the City birector of Public Works to ensure proper maintenance for BMPS in order to continue their functions. (2) Installation and Bonding Requirements. (a) Where buffer areas, landscaping, stormwater management facilities, or other specifications of an approved plan are required, no certifi- cate of occupancy shall be issued until the installation of required plant materials or facilities is completed, in accordance with the approved site plan. (b) When I.-he occupancy of a structure is desired prior to the completion of the required land- scaping, stormwater management facilities, or other specifications'of an approved plan, a 35 certificate of occupancy may be issued only if the applicant provides to the City of Peters- burg a form of surety satisfactory to the City Attorney in amount equal to the remaining plant materials, related materials, and in- stallation costs of the required landscaping or other specifications or maintenance costs for any required stormwater management facili- ties. (c) All required landscaping shall be installed and approved by the first planting season fol- lowing issuance of a certificate of occupancy or the surety may be forfeited to the City of Petersburg. (d) All required stormwater management facilities or other specifications shall,,be installed and approved within 18 months of project commence- ment. Should the applicant fail, after proper notice, to initiate, complete, or maintain ap- propriate actions required by the approved plan, the surety may be forfeited to City of Petersburg. The City of Petersburg may col- lect 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 36 inspection. If the requirements of the ap- proved[ plan have been completed to the satis- faction of the City Director of Public Works, such unexpended or unobligated portion of the held shall be refunded to the applicant surety or terminated within 60 days following the receipt of the applicant's request for final inspection. The City Director of Public Works may require a certificate of substantial completion from a @rofessional Engineer or Class III B Surveyor before making a final inspection. (H) AdifLinistrative Responsibility. Administration of the plan of development process shall be in accordance with the site plan procedure described herein- above or the Subdivision Ordinance, Chapter 33 of this Code. (I) Denial of Plan, Appeal of Conditions or Modifica- tions. In the event the final plan or any component of the plan of development process is disapproved and recommended con- ditions or modifications are unacceptable to the applicant, the il applicant may appeal such administrative decisions to the Plan- ning Commission. In granting or denying an appeal, the Plan- ning Commission must find such plan to be in accordance with all applicable ordinances and include necessary elements to mitigate any detrimental impact on water quality and upon adjacent property and the surrounding area, or such plan meets the purpose and intent: of the performance standards in this chapter. If the Planning Commission finds that the'applicant's 37 plan does not meet the above stated criteria, they shall deny approval of the plan. ARTICLE IV. NONCONFORMING USE, DEVELOPMENT WAIVERS, EXEMPTIONS AND EXCEPTIONS Section 9.5-13. Nonconforming Use and Development Waivers. The lawful use of a building or structure which existed at the time of passage of this chapter, or which exists at the time of any amendment 'thereto, and which is not in conformity with the provisions of the Overlay District may be continued in accordance with the nonconforming use provisions of the City's Zoning Ordinance. No change or expansion of use shall be allowed with the exception that: (1) The Zoning Administrator may grant a nonconforming use and development waiver for structures on legal nonconforming lots or parcels to provide for remod- eling and alterations-or additions to such noncon- forming structures provided that: (a) There will be no increase in nonpoint source by the city pollution load, as certified Director of Public Works; (b) Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this chapter. (2) An applicatio n for a nonconforming use and devel- opment waiver shall be made to and upon forms furnished by the Zoning Administrator and shall 38 include, for the purpose of proper enforcement of this,,chapter, the following information-: (a) Name and address of applicant and property owner; he property and ty (b) Legal description of t pe of proposed use and development; (c) A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines and boundary of the RPA; (d) Location and description of any existing private water supply or sewage system. (3) A nonconforming use and development waiver shall become null and void '12 months.fr8m the date issued if no substantial work has commenced. Section 9.5-14. -Exemptions. (A) Exemptions for Public Utilities, Railroads, and Facilities. (1) Construction, installation, operation, and main- tenance of electric, gas, and telephone transmis- sion lines, railroads, and public roads and their appurtenant structures in accordance with the City's Erosion and Sediment Control Ordinance. will be deemed to constitute compliance with these regulations. (2) Construction, installation, and maintenance of water, sewer, and local gas lines shall be exempt from the Overlay District provided that: 39 (a) To the degree possible, the location of such utilities -and facilities 'shall be outside RPAs; (b) No more land shall be disturbed than is necessary to provide for the desired utility installation; (c) All construction, installation, and main- tenance 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; (d) Any land disturbance exceeding an area of 2,500 square feet complies @7ith all City of Petersburg erosion and sediment control require ments. (B) Exemptions for Silvicultural Activities. Silvicultural activities are exempt from the require- ments of this chapter provided that silvicultural operations adhere to water quality protection procedures prescribed by the Department of Forestry in its Best Management Practices !I Handbook for Forestry Operations. (C) Exemptions in Resource Protection Areas. The following land disturbances in Resource Protection Areas may be exempted from the Overlay District: (1) water wells; (2) passive recreation facilities such as boardwalks, trails, and pathways; and (3) historic preservation and 40 archaeological activities, provided that it is demonstrated to the satisfaction of the Director of Planning 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 ap-roved.uses; (d) Any land disturbance exceeding an area of 2,500 square feet shall comply with all City of Peters- burg erosion and sediment control requirements. Section 9.5-15. Exceptions. (A) A request for an exception to the requirements of this chapter shall be made in writing to the Director of Plan- ning. The Director of Planning shall identify the impacts of the proposed exception on. water quality and on lands within the RPA through the performance of a water quality impact assess- ment which complies with the provisions of Section 9.5-12(F) of this chapter. (B) The Exceptions Review Committee, consisting of the Director of Planning, Director of Public Worksr Director of Inspections, Zoning Administrator, Chairman of the Planning Commission, and two -citizens of the City of Petersburg' appointed by City Council, shall review the request for an exception and the water quality impact assessment. The 41 Exceptions Review Committee may grant ... the exception with. such conditions ..and safeguards as deemed necessary to further the purpose and intent'of this chapter if the Committee finds: '(1) Granting the exception will not confer upon the applicant any special privileges that are denied by this chapter to other property owners in the Over- lay District; (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 in harmony with the purpose and intent of the Overlay District and not injurious to the neighborhood or otherwise detri- mental to the public welfare; (5) Reasonable and appropriate conditions are imposed which will prevent the exception request from caus- ing a degradation of water quality. (C) Appeals of the. decisions of the Exceptions Review Committee shall be made to the Board of Zoning Appeals. The Board of Zoning Appeals shall apply the criteria listed in this section when considerin( the request for an exception upon appeal. I, Barbara W. Moore, Clerk of the Council of the City of Pe-tersburg, Virginia, do certify that the foregoing ordinance is a true and exact copy of an ordinance passed by the said Council at a meeting held on September 18, 1990. 42 C1 P rk n f rmi n r i I DATE DUE GAYLORD No. 2333 PRINTED IN U.SA ---------------- @ 0111 3 66368 141)8 2182