A.
The performance criteria set forth in §§ 115-22.10
through 115-22.17 of this article are intended to 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.
B.
The purposes of the performance criteria are to implement the following
objectives: prevent a net increase in non-point source pollution from
new development; achieve a ten-percent reduction in non-point source
pollution from redevelopment; and achieve a forty-percent reduction
in non-point source pollution from agricultural activities.
Any use, development or redevelopment of land within the Overlay
District shall meet the following performance criteria.
A.
No more land shall be disturbed than is necessary to provide for
the proposed use or development.
(1)
In accordance with an approved site plan, the limits of land
disturbance, including clearing and grading, shall be strictly defined
by the construction foot-print. These limits shall be clearly shown
on the submitted site plan and shall be physically marked on the development
site. The administrator shall review and approve the construction
footprint through the plan of development process. The construction
footprint shall not exceed the limits for such as designated by the
zoning district of the lot or parcel.
(2)
Ingress and egress during construction shall be limited to one
access point, unless otherwise authorized by the Administrator in
conjunction with the approved site plan.
B.
Indigenous vegetation shall be preserved to the maximum extent practicable
consistent with the use or development proposed.
(1)
Existing trees over six inches diameter at breast height (DBH)
shall be preserved outside the construction footprint. Diseased trees
or trees weakened by age, storm, fire or other injury may be removed.
(2)
Clearing shall be permitted only to provide necessary access,
positive drainage, water quality, best management practices and the
installation of utilities, as approved by the Administrator.
(3)
Prior to clearing or grading, suitable protective barriers,
such as safety fencing, shall be erected at or outside the drip line
of any tree or stand of trees to be preserved. These protective barriers
shall remain in place throughout all phases of construction. The storage
of equipment, materials, debris or fill shall not be allowed within
the area protected by such barriers.
C.
Where the best management practices utilized require regular or periodic
maintenance in order to continue their functions, such maintenance
shall be ensured through a maintenance agreement with the owner or
developer, or some other mechanism approved by the County Attorney
that achieves an equivalent objective.
D.
All development exceeding 2,500 square feet of land disturbance shall
be subject to the plan of development review process as set forth
in Division IV of this article.
E.
Land development shall minimize impervious cover consistent with
the proposed use or development in order to promote infiltration of
stormwater into the ground.
(1)
Parking areas and driveways shall be designed and improved so
as to minimize impervious cover and, wherever possible based on the
nature and volume of vehicular traffic, grid and modular paving blocks
which promote infiltration of stormwater shall be used in parking
areas and driveways.
(2)
In order to minimize impervious cover, the dimensions of parking
spaces and width of driveways and access aisles shall be no greater
than necessary to comply with the requirements of this chapter and
to provide for safe and convenient vehicular movement.
F.
Any land-disturbing activity that exceeds an area of 2,500 square
feet (including, but not limited to, construction of all single-family
dwellings, septic tanks and drainfields) shall comply with the requirements
of the Erosion and Sediment Control Ordinance for Mathews County.[1]
G.
All on-site sewage disposal systems not requiring a Virginia Pollutant
Discharge Elimination System (VPDES) permit shall:
(1)
Have pump-out accomplished for all such systems at least once
every five years.
(2)
If deemed appropriate by the local health department and subject
to conditions the local health department may set, as an alternative
to the mandatory pumpout, the option of having a plastic filter installed
and maintained in the outflow pipe from the septic tank to filter
solid material from the effluent while sustaining adequate flow to
the drainfield to permit normal use of the septic system. Such a filter
should satisfy standards established in the Sewage Handling and Disposal
Regulations (12 VAC 5-610) administered by the Virginia Department
of Health.
(3)
In lieu of requiring proof of septic tank pump-out every five
years, owners of on-site sewage treatment systems to submit documentation
every five years, certified by sewage handler permitted by the Virginia
Department of Health, that the septic system has been inspected, is
functioning properly, and the tank does not need to have the effluent
pumped out of it.
H.
For new construction, 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 the approval of the Sanitarian employed by
the State Health Department assigned to Mathews County. This requirement
shall not apply to any lot or parcel recorded prior to October 1,
1989, nor shall it apply to any lot or parcel on which construction
has been lawfully commenced and a sewage disposal permit has been
issued prior to the effective date of Article 22 of this chapter,
if such lot or parcel is not sufficient in capacity to accommodate
a reserve sewage disposal site, as determined by the Sanitarian. Building
or construction of any impervious surface shall be prohibited on the
area utilized by, or reserved for, sewage disposal sites until such
time as the structure is served by public sewer or an onsite sewage
treatment system which operates under a VPDES permit. All sewage disposal
site records shall be administered to provide adequate notice and
enforcement of this provision.
I.
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.). Stormwater management criteria
which satisfy the following requirements shall apply.
(1)
For development, the post-development non-point source pollution
runoff load shall not exceed the pre-development load based on the
calculated average land cover condition for Virginia's Chesapeake
Bay Watershed, which is 16%, and the calculated average total phosphorus
loading for Virginia's Chesapeake Bay Watershed, which is 0.45 pounds
per acre per year.
(2)
Redevelopment of any site not served by water quality best management
practices as of the effective date of this article shall achieve at
least a ten-percent reduction of non-point source pollution in runoff
compared to the existing runoff load from the site.
(3)
Post-development runoff from any site to be redeveloped that
is served by water quality best management practices as of the date
of proposed redevelopment, shall not exceed the existing load of non-point
source pollution in surface runoff, provided that:
(a)
Runoff pollutant loads must have been calculated and the best
management practices employed for the expressed purpose of controlling
non-point source pollution.
(b)
If best management practices are structural, evidence shall
be provided that such 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 compliance with these provisions, and a new maintenance
agreement may be required to ensure compliance.
(4)
For any redevelopment, both the pre-development and post-development
pollutant loads shall be calculated by similar procedures. Where the
design data is available, the original post-development non-point
source pollution loads may be substituted for the existing development
loads.
(5)
Any maintenance, alteration, use, or improvement to an existing structure, which does not degrade the quality of surface water discharge, as determined by the Administrator in accordance with applicable procedures and requirements of this article, may be exempted from the requirements of this Subsection I.
J.
Land upon which agricultural activities are being conducted, including
but not limited to crop production, pasture, and dairy and feed lot
operations, or lands otherwise defined as agricultural land by the
local government, shall have a soil and water quality assessment.
Such assessments 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.
K.
A water quality impact assessment shall be required in accordance with the provisions of §§ 175-22.18 through 175-22.21 of this article for any proposed land disturbance, development or redevelopment within the RPA, and for any proposed development within the RMA when required by the Administrator after determination by the Administrator that the development warrants such assessment due to the unique characteristics of the site or the intensity of the proposed development and that such assessment is necessary to determine consistency with the goals and objectives of the Act, the regulations promulgated thereunder and this chapter.
L.
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 or ordinances shall be obtained and
evidence of such submitted to the Administrator.
A.
The following criteria shall be applicable to all development within the resource protection area and shall supplement the general performance criteria set forth in § 175-22.10 of this article.
B.
Development within the RPA shall be permitted only if it is water-dependent, constitutes redevelopment; or is a road or driveway crossing satisfying the conditions set forth below in Subsection B(2); or is flood control and stormwater management facility satisfying the conditions set forth in Subsection B(3).
(1)
A new water dependent facility or expansion of an existing water
dependent facility shall be permitted within the RPA only when the
following conditions are met:
(a)
It does not conflict with the comprehensive plan;
(b)
Such facility complies with the performance criteria set forth in § 175-22.10 of this article and the buffer area criteria set forth in §§ 175-22.12 through 175-22.15 of this article, provided that any proposed encroachment into the one-hundred-foot buffer area shall be the minimum necessary to accommodate the use and shall be authorized only pursuant to and in accordance with the findings of a water quality impact assessment as required by the provisions of Division III of this article;
(c)
Any non-water-dependent component of such facility is located
outside the RPA; and
(d)
Access to such facility shall be provided with the minimum land
disturbance necessary and, where practicable, a single point of access
shall be provided.
(2)
Roads and driveways not exempt under § 175-22.47 and which, therefore, must comply with the provisions of this article, may be constructed in or across RPAs if each of the following conditions are met:
(a)
The Administrator makes a finding that there are no reasonable
alternatives to aligning the road or drive in or across the RPA;
(b)
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;
(c)
The design and construction of the road or driveway satisfy
all applicable criteria of this article, including submission of a
water quality impact assessment; and
(d)
The Administrator 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 Division IV or subdivision plan.
(3)
Redevelopment within the RPA 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
and erosion and sediment control criteria set forth in this article
and the Erosion and Sediment Control Ordinance of Mathews County.[1]
To minimize the adverse effects of human activities on the other
components of the RPA, state waters and aquatic life, a one-hundred-foot
buffer area of vegetation that is effective in retarding runoff, preventing
erosion, and filtering non-point 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 bodies with
perennial flow. The full buffer area shall be designated as the landward
component of the RPA.
The one-hundred-foot buffer area shall be deemed to achieve
a seventy-five-percent reduction of sediments and a forty-percent
reduction of nutrients.
In order to maintain the functional value of the buffer area,
indigenous vegetation may be removed, subject to 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 site 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 non-point 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 may be allowed, pursuant to sound horticultural practice
incorporated into locally-adopted standards.
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.
When the application of the buffer area on a lot or parcel would
result in the loss of a buildable area to the landowner regarding
a lot or parcel recorded prior to October 1, 1989, encroachments into
the buffer area may be allowed through an administrative process,
subject to provision of a water quality impact assessment as required
by this article and in accordance with the following criteria:
A.
Encroachments into the buffer area shall be the minimum necessary
to achieve a reasonable area for a principal structure and necessary
utilities;
B.
Where practicable, a vegetated area that will maximize water quality
protection, 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;
C.
The encroachment may not extend into the seaward 50 feet of the buffer
area; and
D.
Reasonable and appropriate conditions necessary to mitigate impacts
identified in the water quality impact assessment required by this
section.
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 one-hundred-foot wide buffer area when at least one agricultural
best management practice, which, in the opinion of the Tidewater Soil
and Water Conservation District, 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 (4 VAC 5-15 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 (4 VAC 5-15 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 for agricultural drainage ditches
if the adjacent agricultural land has in place best management practices
in accordance with a conservation plan approved by the Tidewater Soil
and Water Conservation District.
D.
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 vegetation
that assures the buffer functions are maintained or established.
