The purpose of this article is to incorporate within the subdivision
requirements of the County, measures to protect the quality of state
waters within the Chesapeake Bay Preservation Area Overlay District
established by Article XXII of the Mathews County Zoning Ordinance
(the Zoning Ordinance),[1] and to assure that all subdivisions approved as of the
effective date of this article comply with the applicable criteria
of the Chesapeake Bay Preservation Area Designations and Management
Regulations (VR 173-02-01) promulgated by the Chesapeake Bay Local
Assistance Board.
The requirements of this article shall apply to all lands within
the Chesapeake Bay Preservation Area Overlay District for which any
preliminary or final subdivision plat is submitted for approval or
exemption on or after the effective date of this article. The requirements
of this article shall be in addition to all other applicable requirements
of this chapter as well as all other applicable ordinances of Mathews
County.
A.
All performance criteria and other requirements set forth in Article
XXII of the Zoning Ordinance[1] shall be applicable to lots created pursuant to this chapter.
Certain requirements for plans and studies as specified in this section
shall be the minimum applicable to all subdivision plats submitted
for approval, and such other requirements for plans and studies as
are necessary to comply with Article XXII of the Zoning Ordinance
shall be applicable at the time of proposed land disturbance or development
of lots created pursuant to this chapter.
B.
The approximate boundaries of the Resource Protection Area and the
approximate boundaries of the Resource Management Area shall be shown
and clearly identified on all preliminary and final plats. All land
disturbance exceeding 2,500 square feet and intended for purposes
of installing subdivision improvements shall be subject to the requirements
of Article XXII of the Zoning Ordinance pertaining to land disturbance,
unless specifically exempted therein.
C.
Subdividers are encouraged to provide plans, studies, and information
in addition to the minimum requirements set forth herein in order
to minimize the extent of such plans, studies, and information necessary
at the time of proposed land disturbance or development of lots created
pursuant to this chapter.
Lots created pursuant to this chapter shall be of sufficient
size, width, depth, and arrangement to meet all applicable requirements
of Article XXII of the Zoning Ordinance and to enable a reasonable
buildable area for the intended use and development. To the extent
deemed necessary to determine the capability of any lot to meet such
requirements, the Administrator shall require submission of a water
quality impact assessment and any of the plans and studies comprising
the plan of development process set forth in Article XXII of the Zoning
Ordinance.
A.
The following language shall be included on all plats to certify
the presence or absence of the Chesapeake Bay Preservation Area within
the subdivision:
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"I certify that the areas demarcated within the boundary coordinates
of this subdivision represent an accurate delineation of the Resource
Protection Area and a fair and true approximation of the Resource
Management Area components of the Chesapeake Bay Preservation Area."
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Date
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Signature
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Qualification
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or
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"I certify that there is no Chesapeake Bay Preservation Area
located within the boundary coordinates of this subdivision."
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Date
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Signature
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Qualification
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B.
In addition to the certification statement, all plats showing parcels
within the Chesapeake Bay Preservation Area shall also include the
following notations:
(1)
"An undisturbed and vegetated one-hundred-foot-wide Resource Protection
Area buffer shall be retained on all applicable parcels within this
approved subdivision."
(2)
"All on-site and off-site sewage treatment systems shall be pumped
out at least once every five years and/or in accordance with any and
all sewage treatment system maintenance agreements, or every five
years submit certified documentation that the tank does not need to
be pumped out."
(3)
"All created parcels requiring drainfields shall have one-hundred-percent
reserve drainfield sites for both on-site and off-site sewage treatment
systems."
(4)
"Any development within the one-hundred-foot-wide Resource Protection
Area buffer is limited to only water-dependent facilities, roads or
driveways satisfying specific criteria, a flood control or stormwater
management facility meeting certain criteria, and/or redevelopment,
as defined in Article XXII, of the Mathews County Zoning Ordinance."
(5)
"An environmental site assessment and Resource Protection Area delineation
subject to the requirements of Article XXII of the Zoning Ordinance
shall be completed prior to any construction on each of the created
parcels."
