Permitted uses, special permit uses, accessory uses and special requirements shall comply with the standards set forth by Chapter 148, Zoning, unless specifically modified by the requirements set forth in this chapter.
[Amended 6-12-2014]
Lot size shall be subject to the requirements of Chapter 148, Zoning, provided that any lot shall have sufficient area outside the Resource Protection Area to accommodate a proposed development, in accordance with the performance standards in § 54-16, when such development is not otherwise allowed in the RPA. The area that is deemed sufficient to accommodate a proposed development shall be a minimum of 15,000 square feet.
A.
All development and redevelopment exceeding 2,500 square feet of land disturbance shall be subject to the site plan development process, including the approval of a final plan in accordance with § 54-30 of this chapter.
B.
Development in RPAs may be allowed only if it is water
dependent or constitutes redevelopment, subject to the approval by
the Administrator.
[Amended 10-14-2004]
C.
A new or expanded water-dependent facility may be
allowed, provided that:
D.
Redevelopment 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 applicable stormwater management requirements under § 54-16B(7) and erosion and sediment control requirements outlined under § 54-16B(4) of this article.
E.
A water quality impact assessment shall be required for any proposed land disturbance, development, or redevelopment in the RPA and for any other development within Resource Management Areas when required by the Administrator because of the unique characteristics of the site or intensity of development, in accordance with the provisions of § 54-28.
In any case where the requirements of this chapter
conflict with any other provision of the Northumberland County Ordinances
or existing state or federal regulations, whichever imposes the more
stringent restrictions shall apply.
A.
Delineation by the applicant. The applicant shall determine the site-specific boundaries of RPA features subject to approval by the Administrator and in accordance with Article III, Chesapeake Bay Preservation Area Designation, of this chapter. The CBPA Map shall be used as a guide to the general location of RPAs.
B.
Delineation by the Administrator. The applicant wishing to construct a dwelling unit or any structure secondary to a dwelling unit may request that the Administrator delineate the landward extent of one-hundred-foot-wide buyer, tidal wetlands, tidal shores, nontidal wetlands and ponds located within the RPA. The Administrator or his or her duly authorized representative may then perform these delineations as requested in accordance with Article V, Site Plan Development Process, of this chapter.
C.
Where conflict arises over delineation. When the applicant provides a site-specific delineation of the RPA, the Administrator or his or her duly authorized representative shall verify the accuracy of the boundary delineation. In verifying the site-specific RPA boundary, the Administrator shall approve or disapprove the boundary delineation in accordance with § 54-24 of this chapter.
A.
Purpose and intent.
(1)
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. Minimizing impervious cover
enhances rainwater infiltration and effectively reduces stormwater
runoff potential.
(2)
The purpose and intent of these requirements are also
to implement the following objectives: prevent a net increase in nonpoint
source pollution from new development; achieve a ten-percent reduction
in nonpoint source pollution from redevelopment; and achieve a forty-percent
reduction in nonpoint source pollution from agricultural uses.
(3)
It is not the intent of these requirements to place
undue restrictions on individual lot maintenance. Land disturbance
outside of the RPA which does not require a land disturbing permit
or zoning permit is exempt from these requirements as long as such
disturbance is not done in order to circumvent the objectives of these
regulations.
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 land disturbance, including clearing or grading, shall be
strictly defined by the construction footprint. These limits shall
be clearly shown on submitted plans and physically marked on the development
site.
(b)
Ingress and egress during construction shall
be limited to one access point, unless otherwise approved by the Administrator.
(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)
During construction, existing trees over six
inches diameter at breast height (DBH) shall be preserved outside
the construction footprint.
(b)
Prior to clearing or grading, suitable protective
barriers, such as safety fencing, shall be erected around any tree
or stand of trees to be preserved. These protective barriers shall
remain so erected throughout all phases of construction. The storage
of equipment, materials, debris or fill shall not be allowed within
the area protected by the barrier.
(c)
Where areas to be preserved, as designated on
an approved site plan, are encroached, replacement of existing trees
and other vegetation will be achieved at a ratio of two planted trees
to one removed. Replacement trees shall be a minimum 1.5 inches DBH
at the time of planting.
(3)
Land development shall minimize impervious cover to
promote infiltration of stormwater into the ground consistent with
the proposed use or development.
(4)
Notwithstanding any other provisions of this chapter or exceptions or exemptions thereto, any land-disturbing activity exceeding 2,500 square feet, including construction of all single-family dwellings, septic tanks and drainfields, shall comply with the requirements of Chapter 64, Erosion and Sediment Control.
(5)
All on-site sewage disposal systems not requiring
a VPDES permit shall be pumped out at least once every five years.
[Note: Alternatives for pump-out are also permitted, including the
installation of a plastic filter in the outflow pipe from the septic
tank as long as the filter satisfies the standards established in
the Sewage Handling and Disposal Regulations under 12VAC5-6-10 et
seq. as administered by the Virginia Department of Health, or owners
of on-site sewage treatment systems may submit, every five years,
documentation certified by a sewage handler permitted by the Virginia
Department of Health that the septic system has been inspected and
is functioning properly and does not need to be pumped out.]
(6)
A reserve sewage disposal site with a capacity at
least equal to that of the primary sewage disposal site shall be provided
and must meet with the approval of the Health Official. This requirement
shall not apply to any lot or parcel recorded prior to September 20,
1990, if such lot or parcel is not sufficient in capacity to accommodate
a reserve sewage disposal site, as determined by the local Health
Official. Building or construction of any impervious surface shall
be prohibited on the area of all sewage disposal sites or on an on-site
sewage treatment system which operates under a permit issued by the
State Water Control Board, until the structure is served by public
sewer.
[Amended 10-14-2004]
(7)
For any development or redevelopment, stormwater runoff
shall be controlled by the use of best management practices consistent
with the water quality provisions of the Virginia Stormwater Regulations
(4VAC3-20 et seq.)
(a)
For development, the postdevelopment nonpoint
source pollution runoff load shall not exceed the predevelopment load,
based on the calculated average land cover condition of Virginia's
Chesapeake Bay watershed. All nonpoint source calculations shall be
performed as specified in the Virginia Stormwater Management Handbook.
(b)
For redevelopment sites, the nonpoint source
pollution load shall be reduced by at least 10%. The Administrator
may waive or modify this requirement for redevelopment sites that
originally incorporated best management practices for stormwater runoff
quality control, provided that the following provisions are satisfied:
[1]
In no case may the postdevelopment nonpoint
source pollution runoff load exceed the predevelopment 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 Administrator
may require a review of both the original structural design and maintenance
plans to verify this provision. A new maintenance agreement may be
required to ensure compliance with this chapter.
(c)
For redevelopment, both the pre- and postdevelopment
loadings shall be calculated by the same procedures. However, where
the design data is available, the original postdevelopment nonpoint
source pollution loadings can be substituted for the existing development
loadings.
(8)
Land upon which agricultural activities are being
conducted shall have 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. The Administrator
may designate priority agricultural fields and tracts for which the
development of current soil and water quality conservation assessments
is required. Priority agricultural fields and tracts for which current
soil and water quality conservation assessments shall, at a minimum,
include any such field or tract that is adjacent to an RPA; or which
contains a confined animal feeding operation, as defined pursuant
to VA Code § 62.1-44.17:1; or upon which biosolids or sewage
sludge land applications have occurred or on which such applications
are proposed; or with highly erodible soils; or with highly permeable
soils; or with subsurface tile drains. The implementation of plans
for additional soil erosion and sediment controls, nutrient management
plans (for which nitrogen and phosphorous application rates shall
not exceed the greater of crop nutrient needs or crop nutrient removal)
and pesticide management practices as may be needed to reduce or prevent
nonpoint source pollution and ensure the protection of surface and
ground water quality may be required by the Administrator following
submittal to, and approval of, the plan by the local Soil and Water
Conservation District. For purposes of this section, there shall be
no presumption that a one-hundred-foot-wide buffer will achieve a
seventy-five-percent reduction in sediments or a forty-percent reduction
of nutrients.
(9)
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 Administrator.
C.
Buffer area requirements.
(1)
General standards.
(a)
To minimize the adverse effects of human activities
on the other components of Resource Protection Areas, state waters
and aquatic life, a one-hundred-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.
(b)
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 full buffer area shall be designated as the landward component of the RPA, in accordance with Article III, Chesapeake Bay Preservation Area Designation, and Article V, Site Plan Development Process, of this chapter. Not withstanding permitted uses, encroachment and vegetative clearings as set forth in this section, the one-hundred-foot-wide buffer is never reduced in width.
(c)
The one-hundred-foot-wide buffer area shall
be deemed to achieve a seventy-five-percent reduction of sediments
and a forty-percent reduction of nutrients.
(2)
The buffer area shall be maintained to meet the following
additional performance standards. In order to maintain the functional
value of the buffer area, indigenous vegetation may be removed subject
to the approval by the Administrator only 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:
(a)
Trees may be pruned or removed as necessary
to provide for sight lines and vistas, provided that, where removed,
they shall be replaced with other vegetation that is equally effective
in retarding runoff, preventing erosion and filtering nonpoint source
pollution from runoff.
(b)
Any path shall be constructed and surfaced so
as to effectively control erosion.
(c)
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 Administrator
pursuant to sound horticultural practices.
(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 and requirements.
(3)
When the application of the buffer areas would result
in the loss of a buildable area on a lot or parcel recorded prior
to September 20, 1990, encroachments into the buffer area may be allowed
through an administrative process in accordance with the following
criteria:
(a)
Encroachments into the buffer areas shall be
the minimum necessary to achieve a reasonable buildable area for a
principal structure and necessary utilities.
(b)
Where practicable, a vegetated area that will
maximize water quality protection to mitigate the effects of the buffer
encroachment and is equal to the area encroaching the buffer area
shall be established elsewhere on the lot or parcel in a way to maximize
water quality protection.
(c)
The encroachment may not extend into the seaward
50 feet of the buffer area without an exception from the Board of
Supervisors.
(4)
On agricultural lands, the agricultural buffer area
shall be managed to prevent concentrated flows of surface water from
breaching the buffer area and appropriate measures may be taken to
prevent noxious weeds from invading the buffer area. Agricultural
activities may encroach into the buffer area as follows:
(a)
Agricultural activities may encroach into the
landward 50 feet of the one-hundred-foot-wide buffer area when at
least one agricultural best management practice, which, in the opinion
of the local 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 one-hundred-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 (4VAC5-15
et seq.) administered by the Virginia Department of Conservation and
Recreation.
(b)
Agricultural activities may encroach within
the landward 75 feet of the one-hundred-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 Resource Conservation Service. A nutrient management plan,
including soil test, must be developed consistent with the Virginia
Nutrient Management Training and Certification Regulations (4VAC5-15
et seq.) administered by the Virginia 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 of that provided by the one-hundred-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 local Soil and Water Conservation District to address the more
predominant water quality issue on the adjacent land, either erosion
control or nutrient management.
(5)
When agricultural or silvicultural uses within the
buffer area cease, and the lands are proposed to be converted to other
uses, the full one-hundred-foot-wide buffer area 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.
[Amended 10-14-2004; 9-11-2009; 5-9-2013]
B.
No change or expansion of a structure shall be allowed,
with the exception that the Administrator may grant a nonconforming
use and development waiver for principal structures within the landward
50 feet of the RPA on legal nonconforming lots or parcels to provide
for remodeling, alterations and/or additions to such nonconforming
principal structures. Any proposed remodeling, alteration and/or additions
to nonconforming structures within the seaward 50 feet of the RPA
must be approved by the governing body; except that if the square
footage of the footprint to be remodeled, altered, or replaced is
equal to or less than the existing footprint, such modifications may
be approved by the Administrator. In both instances, waivers can only
be granted, provided that:
C.
An application for a nonconforming use and development
waiver shall be made to and upon forms furnished by the Administrator
and shall include, for the purpose of proper enforcement of this chapter,
the following information:
(1)
The name and address of the applicant and property
owner.
(2)
A legal description of the property and type of proposed
use and development.
(3)
A sketch of the dimensions of the lot or parcel, the
location of buildings and proposed additions relative to the lot lines
and the boundary of RPAs.
(4)
The location and description of any existing private
water supply or sewage system.
D.
A nonconforming use and development waiver shall become
null and void six months from the date issued if no substantial work
has commenced.
E.
An application for the expansion of a nonconforming
principal structure may be approved by the Administrator through an
administrative review process, provided that the following findings
are made:
(1)
The request for the waiver is the minimum necessary
to afford relief;
(2)
Granting the waiver will not confer upon the applicant
any specific privileges that are denied by this article to other property
owners in similar situations;
(3)
The waiver is in harmony with the purpose and intent
of this article and does not result in water quality degradation;
(4)
The waiver is not based on conditions or circumstances
that are self-created or self-imposed;
(5)
Reasonable and appropriate conditions are imposed,
as warranted, that will prevent the waiver from causing a degradation
of water quality; and
(6)
Other findings, as appropriate and required by Northumberland
County, are met.
(7)
In no case shall this provision apply to accessory
structures.
A.
Exemptions for public utilities, railroads, public
roads, and facilities.
(1)
Construction, installation, operation, and maintenance
of electric, natural gas, fiber-optic, and telephone transmission
lines, railroads, and public roads and their appurtenant structures
in accordance with regulations promulgated pursuant to the Erosion
and Sediment Control Law (§ 10.1-560 et seq. of the Code
of Virginia) and the Stormwater Management Act (§ 10.1-603.1
et seq. of the Code of Virginia); an erosion and sediment control
plan and a stormwater management plan approved by the Virginia Department
of Conservation and Recreation; or local water quality protection
criteria at least as stringent as the above state requirements are
deemed to comply with this article.
(2)
The exemption of public roads is further conditioned
that the road alignment and design has been optimized, consistent
with all applicable requirements, to prevent or otherwise minimize
the encroachment in the Resource Protection Area and to minimize the
adverse effects on water quality.
B.
Exemptions for utilities, including construction,
installation and maintenance of water, sewer, natural gas lines, underground
telecommunications and cable television, shall be exempt from the
requirements of this chapter, provided that:
(1)
To the degree possible, the location of such utilities
and facilities should be outside RPAs.
(2)
No more land shall be disturbed than is necessary
to provide for the proposed utility installation.
(3)
All such construction, installation and maintenance
of such utilities and facilities shall be in compliance with all applicable
state and federal requirements and permits and designed and conducted
in a manner that protects water quality.
C.
Silvicultural activities are exempt from the requirements
of this chapter, provided that silvicultural operations adhere to
water quality protection procedures prescribed by the Virginia Department
of Forestry in the January 1997 edition of "Virginia's Best Management
Practices for Water Quality [technical guide]." Prior to the commencement
of silvicultural activities in the RPA, a pre-harvest plan shall be
verified by the Administrator. The pre-harvest plan shall be approved
by the Department of Forestry to ensure compliance with the Department
of Forestry's "Best Management Practices for Water Quality."
D.
The following land disturbances in Resource Protection
Areas may be exempted from the requirements of this article: water
wells; passive recreation facilities, such as boardwalks, trails and
pathways; and historic preservation and archaeological activities,
provided that:
A.
A request for an exception to the requirements of this article shall be made in writing to the Administrator. It shall identify the impacts of the proposed exception on water quality and on lands within the Resource Protection Area through the performance of a water quality impact assessment which complies with the provisions of § 54-28 of this chapter.
B.
In the event that such a request is made, the governing
body shall notify the affected public of any such exception requests
and schedule a public hearing on the matter and render its decision
within 90 days from the date of the public hearing. The governing
body shall review the request for an exception after submission of
a water quality impact assessment and may grant the exception with
such conditions and safeguards as deemed necessary to further the
purpose and intent of this article if the governing body finds:
(1)
The exception request is not based upon conditions
or circumstances that are self-created or self-imposed for the purpose
of circumventing these regulations, nor does the request arise from
conditions or circumstances either permitted or nonconforming that
are related to adjacent parcels:
(2)
The exception request is the minimum necessary to
afford relief.
(3)
The exception request will be consistent with the
purpose and intent of this chapter and not injurious to the neighborhood
or otherwise detrimental to the public welfare and is not of substantial
detriment to water quality;
(4)
Reasonable and appropriate conditions are imposed
which will prevent the exception request from causing a degradation
of water quality; and
(5)
Granting the exception will not confer upon the applicant
any special privileges denied by this article to other property owners
in Northumberland County.
C.
Any person or persons jointly or severally aggrieved
by any decision of the governing body, or any taxpayer or any officer,
department, board or bureau of the County or any municipality therein,
may present to the Circuit Court a petition specifying the grounds
on which aggrieved within 30 days after the decision of the governing
body.
D.
Whenever an application requesting an exception has
been acted upon and denied by the Board of Supervisors, any subsequent
application for an exception for the same parcel of land shall not
be reconsidered sooner than one year after the previous denial.
