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Ashland Town Code View whole ordinance
Chapter 4.1 ENVIRONMENTAL PROTECTION
ARTICLE III. CHESAPEAKE BAY PRESERVATION AREA
Sec. 4.1-210. Water quality impact assessment.
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(c) Minor water quality impact assessment. A minor water quality impact assessment pertains only to development within CBPAs which causes no more than five thousand (5,000) square feet of land disturbance and requires any encroachment into the landward fifty (50) feet of the one-hundred-foot buffer area. The calculations of a minor assessment will demonstrate that the remaining buffer area and necessary best management practices will result in removal of no less than seventy-five (75) percent of sediments and forty (40) percent of nutrients from postdevelopment stormwater runoff. A minor assessment shall include a site drawing to scale which shows the following:
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(4) Location of existing vegetation on-site, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification;
(5) Revegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control.
(d) Major water quality impact assessment. A major water quality impact assessment shall be required for any development which:
(1) Exceeds five thousand (5,000) square feet of land disturbance within CBPAs and requires any encroachment into the landward fifty (50) feet of the one-hundred-foot buffer area;
(2) Proposes to disturb any portion of the buffer area within fifty (50) feet of preservation component of the RPA; or
(3) Is located in an RMA and is deemed necessary by the town manager or designee.
The information required in this section shall be considered a minimum, unless the town manager or designee 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.
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(3) A landscape element that:
a. Identifies and delineates the location of all significant plant material on site, including all trees six (6) inches or greater in diameter at breast height. Where there are groups of trees, stands may be outlined.
b. Describes the impacts of the development or use will have on the existing vegetation. Information should include:
1. General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities;
2. Clear delineation of all trees which will be removed.
c. Describes the potential measures for mitigation. Possible mitigation measures include:
1. Replanting schedule for trees and other significant vegetation removed for construction, including a list of possible plants and trees to be used;
2. Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation.
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(f) Evaluation procedure.
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(2) Upon the completed review of a major water quality impact assessment, the town manager or designee will determine if the proposed development is consistent with the purpose and intent of this article and make a finding based upon the following criteria:
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h. Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits;
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(9-17-90, ? 2; 12-21-04)
Ashland Town Code View whole ordinance
Chapter 4.1 ENVIRONMENTAL PROTECTION
ARTICLE V. WATER QUALITY PROTECTION
Sec. 4.1-400. Statement of intent.
(a) This article is enacted to implement development requirements designed to protect the quality of water resources within the town from the effects of nonpoint source pollution runoff caused by land disturbing activities. The development performance criteria contained in this article establish the means to minimize erosion and sedimentation potential 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. More specifically, the intent of the town council and the purpose of the article is to:
(1) Protect existing high quality state waters;
(2) Restore all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them;
(3) Prevent any increase in pollution;
(4) Reduce existing pollution; and
(5) Promote water resource conservation in order to provide for the health, safety and welfare of the present and future citizens of the town.
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(11-8-94, ? 1; 12-21-04)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article IV. SITE DEVELOPMENT STANDARDS
4.15 Floodplain Regulations
4.15.8 Approval criteria
A. Permitted uses, activities or developments (including redevelopments) within the floodplain shall be permitted only when all available alternative locations not within the floodplain have been properly considered and it is not possible to accommodate reasonable development outside the floodplain boundaries. Each application for a floodplain permit, together with required supporting documentation, shall clearly demonstrate that the proposed use, activity or development:
3. Shall minimize the loss of natural vegetation and natural stormwater characteristics.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article IV. SITE DEVELOPMENT STANDARDS
4.16 STORM DRAINAGE FACILITIES
4.16.5 Usage, improvement and preservation of creeks and channels
A. Natural creeks and drainage channels may be used where available to route stormwater runoff from the city.
B. Natural drainage systems will be improved where necessary in accordance with 9VAC25-870- 66 of the Regulations. To the maximum degree possible, these improvements shall be made in such a manner as to preserve, enhance or restore the vegetation, including trees, along the creek line so that the aesthetic, environmental and ecological values of the vegetation are not lost to the community.
C. Land disturbances within resource protection areas or resource management areas may require a water quality impact assessment in accordance with ?4.18.8.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article VI DEVELOPMENT REVIEW
6.13 Chesapeake Bay Reviews
6.13.1 Applicability
A. Chesapeake Bay preservation reviews (Chesapeake Bay review) shall be conducted in accordance with the provisions of ?6.13.
B. All development or redevelopment within a Chesapeake Bay preservation area exceeding 2,500 square feet of disturbed land area shall be subject to the general performance standards in ?4.18.7.
C. Routine maintenance is allowed to be performed on flood control or stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed in order to assure that they continue to function as designed, but it is not the intent of ?6.13 to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located within a resource protection area.
6.13.2 Application requirements
Applications for Chesapeake Bay review shall be submitted in accordance with ?6.2.3, and shall include the following:
A. General
1. If applicable, a subdivision or site plan submitted in accordance with the provisions of chapter 86, Subdivisions, and this chapter;
2. A RPA site-specific study as provided for in ?6.13.2.B.2;
3. If applicable, a water quality impact assessment as required in ?4.18.8;
4. A tree management plan consistent with the provisions of ?4.5.9.D.1;
5. A stormwater management plan consistent with the design and performance standards of ?4.16, Storm drainage facilities;
6. An erosion and sediment control plan consistent with the provisions of ?4.17, Erosion and sediment control; and
7. Copies of all wetlands permits required by law. The required plans and studies shall include the delineation of the RPA boundary, the delineation of required buffer areas, and a maintenance agreement as deemed necessary by the zoning administrator to ensure proper maintenance of best management practices in order to continue their functions. Plans and studies may be coordinated or combined as deemed appropriate by the zoning administrator. However, the zoning administrator may also determine that any of the information required in ?6.13 may be unnecessary due to the scope and nature of the proposed development.
B. RPA site-specific study
1. RPA Area
(a) The resource protection area shall include the following:
(1) Tidal wetlands;
(2) Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;
(3) Tidal shores;
(4) Intermittent streams that remain largely in a natural condition and that have not been significantly impacted by adjacent development as depicted on the Chesapeake Bay preservation area map;
(5) Water bodies with perennial flow; and
(6) A 100-foot vegetated buffer area located adjacent to and landward of the components listed in subparagraphs (1) through (5), above, and expanded to include noncontiguous wetlands within the floodplain that are partially located within the buffer, along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the resource protection area notwithstanding the presence of permitted uses, encroachments or permitted vegetation clearing in compliance with the performance criteria of ?4.18.7.
(b) Designation of the six components, above, shall not be subject to modification unless based on reliable, site-specific information in accordance with ?6.13.2.B.2, below.
2. Study requirements
An RPA site-specific study shall be submitted as part of the development review procedures required by ?6.13 and in conjunction with site plan or subdivision approval.
(a) The RPA site-specific study shall be drawn to scale and clearly delineate the resource protection area components outlined in ?4.18.2.A.1.
(b) Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987.
(c) The RPA site-specific study shall delineate the site-specific geographic extent of the resource protection area.
(d) The RPA site-specific study shall be drawn at the same scale as the site plan or subdivision plan and shall be certified by a certified engineer, land surveyor, landscape architect, soil scientist, or wetland delineator.
(e) RPA boundaries shall include a jurisdictional determination or verification letter from the U.S. Army Corps of Engineers for all Waters of the U.S.
C. Tree management plan
A tree management plan shall be submitted as part of the development review procedures required by ?6.13. No clearing, grading, or construction on any lot or parcel shall be permitted without an approved tree management plan. In addition, the following supplemental information shall be provided for land disturbance, development, or redevelopment activity proposed within the resource protection area:
1. Any required buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by ?4.18.7.D, shall be shown on the tree management plan.
2. Within the buffer area, trees to be removed for sight lines, vistas, access paths, and best management practices, as provided for in ?4.18, shall be shown on the plan. Vegetation to replace any existing trees within the buffer area shall also be shown on the tree management plan.
3. Trees to be removed for stream bank stabilization projects and any replacement vegetation required by ?4.18 shall be shown on the landscaping plan.
D. Stormwater management plan
A stormwater management plan shall be submitted as part of the development review procedures required by ?6.13 and in conjunction with site plan or subdivision approval.
E. Contents
1. The stormwater management plan shall be developed in accordance with ?4.16, Storm drainage facilities. For facilities, verification of structural soundness, including a professional engineer or class IIIB surveyor certification shall be provided.
2. All engineering calculations shall be performed in accordance with procedures outlined in the current edition of the "Virginia State Stormwater Management Handbook."
3. The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities that includes all maintenance requirements and persons responsible for performing maintenance in accordance with ?4.16, Storm drainage facilities.
F. Erosion and sediment control plan
An erosion and sediment control plan shall be submitted as part of the development review procedures required by ?6.13 in conjunction with site plan or subdivision approval that satisfies the requirements of ?4.17.
6.13.3 Action by director of public works
The director of public works will review Chesapeake Bay review applications in accordance with the approval criteria of ?6.13.5.
6.13.4 Action by zoning administrator
Based on the results of the review by the director or public works, the zoning administrator shall take one of the following actions: approve the permit, identify those modifications that would allow approval of the permit; approve the permit with conditions; or disapprove the permit.
6.13.5 Approval criteria
A. Chesapeake Bay review approvals shall be in compliance with the requirements of ?4.18.
B. The VSPM administrator may require physical improvements required by ?4.18 to be bonded in accordance with ?6.8.11 and 110-107 of City Code.
6.13.6 Revocation of approval
A Chesapeake Bay review approval shall be revoked if the zoning administrator finds that the terms of the approval have been violated or that there is a hazard to the public health, safety and welfare.
6.13.7 Transfer of Chesapeake Bay review approvals
Chesapeake Bay review approvals, and any attached conditions, run with the land and are not affected by changes in tenancy or ownership.
6.13.8 Administrative appeals
Final decisions on Chesapeake Bay reviews shall be made within 30 days of the final decision to the board of zoning appeals in accordance with ?6.21.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 86. SUBDIVISION ORDINANCE
Article 2. DESIGN AND IMPROVEMENTS
2.6 Drainage
2.6.4 Floodplain and RPA
The final plat of every subdivision shall show any floodplain and resource protection area (RPA), and any proposed development shall conform to the floodplain and Chesapeake Bay protection requirements of chapter 110.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 86. SUBDIVISION ORDINANCE
Article 3. ADMINISTRATION
3.3. Major Subdivisions
3.3.2 Preliminary plats
A. Application requirements
1. All applications for preliminary plat review shall be submitted in accordance with ?3.1.6, Application requirements. Each preliminary plat shall include plans for all property in the contiguous ownership or control of the applicant.
2. The application shall enumerate any requested variation(s) or exception(s) from the provisions of this chapter, and shall state with specificity the justification for each.
3. Each preliminary plat shall include the delineation of:
(a) Resource protection area and resource management area boundaries, if any, including notations of the following specific state requirements:
(1) To retain an undisturbed and vegetated 100-foot wide buffer area, as specified in subdivision 3 of 9VAC25-830-140;
(2) The permissibility of only water dependent facilities or redevelopment in resource protection areas, including the 100-foot wide buffer area;
(3) The delineation of the buildable areas that are allowed on each lot, based on the performance criteria specified in Part IV (9VAC25-830-120 et seq.); and
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 86. SUBDIVISION ORDINANCE
Article 3. ADMINISTRATION
3.3.3 Final plats
A. Application requirements
1. Final plats shall be submitted in accordance with ?3.1.6, Application requirements.
2. The final subdivision plat submitted for approval and subsequent recording shall conform to the approved preliminary plat. Any departure from the approved preliminary plan shall be noted by a separate statement, and presented to the zoning administrator with the final plat.
3. Final plats shall be prepared by a certified professional engineer or land surveyor, who shall endorse upon the final plat a certificate signed by him setting forth the source of the title of the owner of the land subdivided, and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plat.
4. Engineered construction plans shall be submitted for the required improvements.
5. Each final plat shall include the delineation of:
(a) Resource protection area and resource management area boundaries, if any, including notations of the following specific state requirements:
(1) To retain an undisturbed and vegetated 100-foot wide buffer area, as specified in subdivision 3 of 9VAC25-830-140;
(2) The permissibility of only water dependent facilities or redevelopment in resource protection areas, including the 100-foot wide buffer area;
(3) The delineation of the buildable areas that are allowed on each lot, based on the performance criteria specified in Part IV (9VAC25-830-120 et seq.); and
(10-1-16)
Norfolk ZONING ORDINANCES View whole ordinance
APPENDIX A ZONING ORDINANCE
ARTICLE V. AMENDMENTS AND SPECIAL APPROVALS
CHAPTER 26: SITE PLAN REVIEW
26-13 Chesapeake Bay Preservation Areas.
Plan submission requirements in a Chesapeake Bay Preservation Area (CBPA) shall conform to the provisions of section 26-13.1 or section 26-13.2 as defined below:
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26-13.4? Landscape plan; additional requirements for Chesapeake Bay Preservation Areas. A landscape plan shall be submitted for approval in conjunction with the CBPA major site plan review process. In addition to the requirements of Article III, Chapter 17, section 17-3 the plan shall also include the following:
(a) Within the buffer area, trees to be removed for sight lines, vistas, and access paths shall be shown on the plan. Vegetation required by Chapter 45 of the City Code to replace any existing trees within the buffer area shall also be shown on the landscape plan.
(b) Trees to be removed for shoreline stabilization projects and any replacement vegetation required by this section shall be shown on the landscape plan.
(c) The 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.
(d) The landscape plan shall includes specifications for the protection of existing trees during clearing, grading, and all phases of construction in accordance with the provisions of Chapter 45 of the City Code.
(e) Where areas to be preserved, as designated on an approved landscape plan, are encroached, replacement of existing trees and other vegetation shall be in accordance with Chapter 45 of the City Code.
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26-13.6? Water quality impact assessment. A water quality impact assessment shall be required for any development except those uses exempt from the stormwater management requirements in section 42.5-7(f) of the City Code, which (1) exceeds 5,000 square feet of land disturbance or land disturbing activity within Chesapeake Bay Preservation Areas and requires any modification or reduction of the landward fifty (50) feet of the 100-foot buffer area; (2) disturbs any portion of any other component of a resource protection area or disturbs any portion of the buffer area within fifty (50) feet of any other component of a resource protection area; or (3) is located in a resource management area and is deemed necessary by the director. The information required in this section shall be considered a minimum, unless the director determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land or when the elements of the assessment are duplicative of information submitted in other required plans under this article.
The following elements shall be included in the preparation and submission of a water quality assessment:
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(c) A landscape element that in addition to the requirements under section 26-13.4 includes a description of the potential measures for mitigation. Possible mitigation measures include:
(1) Replanting schedule for trees and other significant vegetation removed for construction, including a list of possible plants and trees to be used.
(2) Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation.
(3) Demonstration that indigenous plants are to be used to the greatest extent possible.
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(Ord. No. 39,339, ? 1, 10-20-98; Ord. No. 41,544, ? 1, 8-24-04; Ord. No. 41,722, ?? 11?13, 2-15-05; Ord. No. 45,531, ? 2?(Exh. F), 5-13-14, eff. 7-1-14)
Petersburg City Code View whole ordinance
Chapter 114 UTILITIES
ARTICLE II. WATER SUPPLY
DIVISION 1. GENERALLY
Subdivision 1. General Provisions
Sec. 114-47. Damaging, tampering with, etc., water department property, fixtures, etc.
(a) It shall be unlawful for any person to damage or deface any property of the water department or to cut any trees or shrubbery or dump any refuse or rubbish upon any part of the property of the water department.
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(Ord. No. 07-98, 10-23-2007)
Winchester City Code View whole ordinance
CHAPTER 9 WATER PROTECTION
SECTION 9-81. MANAGEMENT OF A STREAM BUFFER.
Each stream buffer required to be established or maintained pursuant to this Article shall be managed as provided herein:
(a) The target vegetative cover in a stream buffer area shall be an indigenous riparian forest with ground cover, shrub and tree canopy layers.
(b) Within twenty-five (25) feet of the top of the stream bank and on land classified as nontidal wetland:
(1) Indigenous riparian vegetation shall be preserved, or, where it does not exist, it shall be restored or allowed to evolve by natural succession;
(2) Dead, diseased, and dying trees may be removed;
(3) Fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling, may be removed where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem;
(4) Removal or pruning of invasive shrub and vine species is allowed, provided that such removal or pruning is done in a manner that prevents erosion;
(5) Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and to minimize adverse impacts to the buffer, subject to applicable provisions of ?9-83, below; and
(6) Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
? Beyond twenty-five (25) feet from the top of the stream bank to the limits of the required buffer:
(1) Dead, diseased and dying trees may be removed;
(2) Trees 6 inches in diameter or greater, measured 48 inches from the ground, shall be preserved;
(3) Removal or pruning of invasive shrub and vine species shall be allowed, provided that such removal or pruning is done in a manner that prevents erosion; and
(4) Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and minimize adverse impacts to the buffer, subject to applicable provisions of ?9-83, below.
(5) Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(d) Where an existing structure (i.e. building, street, road, bridge, etc.) is located within the buffer, vegetation, not including the ground cover, can be removed within 15 feet of the structure. Removal of additional vegetation can be allowed if required by State or Federal requirements or if necessary for the health, safety or welfare of the City?s citizens and approved by the City Engineer.