§ 90-667. Performance standards.
(a)
Purpose and intent. The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Keeping impervious cover to a minimum enhances rainwater infiltration and effectively reduces stormwater runoff potential.
The purpose and intent of these requirements is also to implement the following objectives: prevent a net increase in nonpoint source pollution from new development; achieve a ten-percent reduction in nonpoint source pollution from redevelopment; and achieve a 40-percent reduction in nonpoint 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 proposed use or development.
a.
In accordance with an approved site plan, the limits of clearing or grading shall be strictly defined by the construction footprint. These limits shall be clearly shown on submitted plans and physically marked in the development site.
b.
Ingress and egress during construction shall be limited to one access point, unless otherwise approved by the planning director or his designee and authorized by an approved site plan.
(2)
Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the proposed use or development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook.
a.
Existing trees over six inches in diameter at breast height (DBH) shall be preserved outside the approved construction footprint. However, trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed, when approved by the planning director or his designee for the county. Other woody vegetation on site shall also be preserved outside the approved construction footprint.
b.
Site clearing for construction activities shall be allowed as approved by the planning director or his designee for the county through the plan of development review process.
c.
Prior to clearing, grading and/or filling, suitable protective barriers, like safety fencing, shall be erected five feet outside the drip-line of any around [sic] any tree or stand of trees to be preserved. Protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.
(3)
Land development shall minimize impervious cover consistent with the proposed use or development.
a.
Pervious surfaces, such as grid and modular pavements, shall be used for any required parking area, alley or other low traffic driveway, unless otherwise approved by the planning director or his designee.
b.
Parking space size shall be 162 square feet. Parking space width shall be nine feet; parking space length shall be 18 feet. Two-way aisles shall be a minimum of 22 feet in width.
(4)
Notwithstanding any other provisions of this article pertaining thereto, any land disturbing activity exceeding 2,500 square feet, including construction of all single-family houses, shall comply with the requirements of the erosion and sediment control ordinance (section 38-31 et seq.).
(5)
All development and redevelopment within RMAs and RPAs that exceeds 2,500 square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of this chapter; or a subdivision plan in accordance with the subdivision ordinance (chapter 70); or a water quality impact assessment in accordance with section 90-668.
(6)
On-site sewage treatment systems in the Chesapeake Bay Preservation Area not requiring a Virginia Discharge Elimination System permit shall comply with the following:
a.
Systems shall be pumped out at least once every five years, unless the owner submits documentation every five years, certified by an operator or on-site soil evaluator licensed or certified under Code of Virginia, § 54.1-2300 et seq, as being qualified to operate, maintain or design on-site sewage systems, that the septic system has been inspected, is functioning properly, and the tank does not need to have the effluent pumped out of it. As an alternative to the mandatory pump-out or documentation, a plastic filter approved by the health department may be installed and maintained in the outflow pipe from the septic tank to filter solid material from the effluent.
b.
A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided on each lot or parcel proposed for new construction. This reserve sewage disposal site requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, if the lot or parcel is not sufficient in capacity to accommodate a reserve disposal site, as determined by the local health department.
c.
Building or construction of any impervious surface shall be prohibited on the area of all sewage disposal sites until the development is served by the public sewer or an on-site sewage treatment system which operates under a permit issued by the state water control board.
(7)
For any use or development, stormwater runoff shall be controlled by the use of best management practices consistent with the water quality protection provisions of the Virginia Stormwater Management Regulations (4 VAC 3-20-10 et seq.) 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 sites within intensely developed areas or other isolated redevelopment sites, the nonpoint source pollution load shall be reduced by at least ten percent. The planning director or his designee for 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 nonpoint 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 the best management practices (BMPs) are structural, evidence shall be provided by the owner of record that facilities are currently in good working order and performing at the design levels of service through routine maintenance of the facilities.
(8)
Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the planning director or his designee of the county.
(9)
Land upon which agricultural activities are being conducted shall undergo a soil and water quality conservation assessment. Such assessment shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is accomplished consistent with this article and conducted by the James River Soil and Water Conservation District.
(c)
Buffer area requirements. To minimize the adverse effects of human activities on the other components of resource protection areas (RPA), state waters, and aquatic life, a 100-foot wide buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist.
The buffer area shall be located adjacent to and landward of other RPA components and along both sides of any water body with perennial flow. The 100-foot full buffer area shall be designated as the landward component of the resource protection area not withstanding permitted use encroachment and vegetation clearing and the buffer area is not reduced.
The 100-foot buffer area shall be deemed to achieve a 75-percent reduction of sediments and a 40-percent reduction of nutrients.
(1)
The buffer area shall be maintained to meet the following additional performance standards:
a.
In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only, subject to approval by the planning director or his designee for the county, to provide for reasonable sight lines, access paths, general woodlot management, and best management practices including those that prevent upland erosion and concentrated flows of stormwater, as follows:
1.
Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff.
2.
Any path shall be constructed and surfaced so as to effectively control erosion.
3.
Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu and multiflora rose) may be removed and thinning of trees allowed as permitted by the planning director or his designee of the county pursuant to sound horticultural practices.
4.
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)
Permitted encroachments into the buffer area.
a.
When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the planning director, or his designee, may permit encroachments into the buffer area.
1.
Encroachments into the buffer areas shall be the minimum amount necessary to achieve a reasonable buildable area for a principal structure and necessary utilities;
2.
Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel; and
3.
The encroachment may not extend into the seaward 50 feet of the buffer area.
b.
When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989 and March 1, 2002, the planning director, or his designee, may permit encroachments into the buffer area in accordance with section 90-669 (Plan of development process) and the following criteria:
1.
The lot or parcel was created as a result of a legal process conducted in conformity with the county's subdivision regulations (chapter 70);
2.
Any specific conditions, mitigation measures or other such legally binding conditions or covenants imposed through a previously approved zoning case shall be binding and shall be met;
3.
If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated by a certified engineer (retained by the applicant) to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained by the owner of record as required; and
4.
The criteria in subsection (c)(2)a. of this section shall be met.
(3)
The planning director, or his designee, may waive the requirements for the reestablishment of vegetation within the RPA buffer on redevelopment sites within intensely developed areas (IDA) in accordance with section 90-669, Plan of development process.
(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 activities may encroach into the buffer area as follows:
a.
Agricultural activities may encroach into the landward 50 feet of the 100-foot wide buffer area when at least one agricultural best management practice, which, in the opinion of the James River Soil And Water Conservation District Board, addresses the more predominant water quality issue on the adjacent land—erosion control or nutrient management—is being implemented on the adjacent land, provided that the combination of the undisturbed buffer area and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the 100-foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil test, must be developed consistent with the Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq.) administered by the state department of conservation and recreation (DCR).
b.
Agricultural activities may encroach within the landward 75 feet of the 100-foot wide buffer area when agricultural best management practices which address erosion control, nutrient management, and pest chemical control, are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T", as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resources Conservation Service. A nutrient management plan, including soil test, must be developed consistent with the "Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq.) administered by the state department of conservation and recreation. In conjunction with the remaining buffer area, this collection of best management practices shall be presumed to achieve water quality protection at least the equivalent as provided by the 100-foot wide buffer area.
c.
The buffer area is not required to be designated adjacent to agricultural drainage ditches if the adjacent agricultural land has in place at least one best management practice as considered by the James River Soil and Water Conservation District to address the more predominant water quality issue on the adjacent land—either erosion control or nutrient management—is being implemented on the adjacent land.
(5)
When agricultural or silvicultural uses within the buffer area cease and the lands are proposed to be converted to other uses, the full 100-foot wide buffer shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions are maintained or established.
(d)
Development criteria for resource protection areas.
(1)
Land development in resource protection areas may be allowed only when permitted by the planning director, or his designee, for the county and if it (i) is water-dependent; (ii) constitutes redevelopment; (iii) is a new use subject to the provisions of subsection (c)(2) of this section; or (iv) is a road or driveway crossing satisfying the conditions set forth in subsection (d)(1)c of this section.
a.
A new or expanded water dependent facility may be allowed provided that the following criteria are met:
1.
It does not conflict with the comprehensive plan;
2.
It complies with the performance criteria set forth in this section 90-667(b);
3.
Any nonwater-dependent component is located outside of the RPA; and
4.
Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided
b.
Redevelopment on isolated redevelopment sites outside of locally designated intensely developed areas sites shall be permitted only if there is no increase in the amount of impervious cover and no further encroachment within the RPA and it shall conform to the stormwater management requirements outlined under subsection (b)(6) of this section and the erosion and sediment control requirements outlined in subsection (b)(4) of this section.
c.
Roads and driveways not exempt under section 90-671 and which, therefore, must comply with the provisions of this article, may be constructed in or across RPAs if all of the following conditions are met:
1.
The planning director, or his designee, for the county makes a finding that there are no reasonable alternatives to aligning the road or drive in or across the RPA;
2.
The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the RPA and minimize adverse effects on water quality;
3.
The design and construction of the road or driveway satisfy all applicable criteria of this article, including submission of a water quality impact assessment;
4.
The planning director, or his designee, for the county reviews the plan for the road or driveway proposed in or across the RPA in coordination with the plan of development requirements as required under section 90-669 or subdivision plan.
(2)
A water quality impact assessment as outlined in section 90-668 shall be required for any proposed land disturbance, development or redevelopment within resource protection areas and for any other development within resource management areas when required by the planning director, or his designee, for the county because of the unique characteristics of the site or intensity of development, in accordance with the provisions of section 90-668.
(Ord. No. O-18-02, § 1, 1-23-2018)
(Ord. No. O-18-02, § 1, 1-23-2018)