[Added 11-26-1996 by Ord. No. 96-2]
A.
BUFFER
DEVELOPMENT
LOT, BUILDING
STREAM
SUBSTANTIAL ALTERATION
WATER-DEPENDENT FACILITY
Definitions.[1] As used in this article, the following terms shall have
the meanings indicated:
An area of one-hundred-feet width located along both sides
of streams as defined herein. The buffer is measured from the nearest
stream bank or, if the stream has no defined channel, from the center
line of the stream.
The construction or substantial alteration of residential,
commercial, industrial, institutional, recreation, transportation
(including parking) or utility facilities or structures or the disturbance
of land for such facilities or structures.
A lot for building and development; not a lot to be used exclusively for agricultural or forestal purposes as defined under § 142-3 of the Subdivision Ordinance.
Any perennial stream that is so depicted on the most recent
United States Geological Survey seven-and-one-half-minute topographic
quadrangle map (scale 1 to 24,000).
Expansion or modification of a building or development, existing
as of November 26, 1996, that would result in land disturbance exceeding
an area of 2,500 square feet.
A development of land that must be located within the stream
buffer established by this chapter by reason of the intrinsic nature
of its operation. These facilities include, but are not limited to,
the intake and outfall structures of power plants, water treatment
plants, sewage treatment plants and storm sewers; boat docking and
landing structures; beaches and other water-oriented recreation areas.
C.
Maintenance of buffer vegetation. On all building
lots, the buffer shall be maintained in natural or established vegetation
managed to protect streams from significant degradation due to land
disturbances. Such vegetation shall include native grasses, herbs,
shrubs or trees.
D.
Reduction in required yards. When protection of a
buffer would prevent development from meeting a required side or rear
yard on the opposite side of the lot, that side or rear yard may be
reduced by as much as half; provided, however, that said yards may
not be reduced to below 10 feet for principle structures or below
five feet for accessory structures. Front yards may be reduced to
a minimum of 35 feet to allow a stream buffer to be preserved on the
opposite side of the lot.
E.
Exceptions. The following exceptions to Subsection B are permitted subject to compliance with the standards of Subsection F:
(1)
Lots platted prior to November 26, 1996. When
application of the buffer area would render a lot or parcel recorded
prior to November 26, 1996, unbuildable, modification to the width
of the buffer area may be permitted by the Zoning Administrator upon
submission by the parcel owner of an application demonstrating the
lack of reasonable buildable area and in accordance with the following
criteria:
(a)
Modification to the buffer area shall be the
minimum necessary to provide a reasonable buildable area for a principal
structure and necessary utilities.
(b)
Where possible, an area of natural or established
vegetation equal to the development area encroaching the buffer area
shall be established elsewhere on the parcel in a way to maximize
water quality protection.
(c)
The buffer area shall not be reduced to less
than 50 feet in width.
(d)
The buffer area preserved may be planted in
trees in accordance with a Forest Management Plan prepared by the
Virginia Department of Forestry.
(2)
Septic drainfields. Septic drainfields meeting the standards of Article XVI, Floodplain Regulations, are permitted; provided, however, that encroachment in the buffer is minimized to the extent possible.
(3)
Recreation paths. Paths not exceeding six feet
in width, constructed and surfaced to control erosion, shall be permitted
within the buffer and must be located at least 50 feet from the stream,
though limited crossings of streams shall be permitted.
(4)
Roads and utilities. Construction, installation,
operation and maintenance of roads and utilities shall be permitted
in accordance with the following criteria:
(5)
Water-dependent facilities. Such facilities
are permitted within the one-hundred-foot buffer, provided that they
are located and designed to minimize encroachment in the buffer and
adverse impacts on water quality.
F.
Standards for development permitted in buffer.
(1)
Any land disturbance for development exceeding
an area of 2,500 square feet within the one-hundred-foot buffer shall
comply with the provisions of the Sediment and Erosion Control Ordinance.
[Added 6-25-2002 by Ord. No. 02-11]
A.
Pit privies are not allowed anywhere within the County.
Other private installations must meet all requirements of the State
Department of Environmental Quality, the State Health Department and
any other state or local regulation having authority over such installation.
B.
No lot shall contain more than two sewage disposal
sites, unless authorized by action of the Board of Supervisors.
C.
No portion of any drainfield shall be located within
50 feet of the edge of a river, stream, or sinkhole.
[Added 11-26-2002 by Ord. No. 02-12]
D.
For lots created after December 12, 2006, all private
sewage disposal systems shall be located entirely on the same parcel
as the structure they serve, except by special use permit granted
by the Board of Supervisors. Any such off-lot sewage disposal system
must be located within a utility easement which shall be sufficient
for access, repair and maintenance of the sewage disposal system.
[Added 12-12-2006 by Ord. No. 2006-14; amended 4-14-2020 by Ord. No. 2020-10]
