Wetlands Board Packets

SUFFOLK WETLANDS BOARD AGENDA FOR November 21, 2013 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING THE WORK SESSION WILL BE HELD AT 6:00 P.M. IN THE SUFFOLK CITY COUNCIL CHAMBERS IN THE SUFFOLK MUNICIPAL BUILDING PLEASE CALL TO CONFIRM YOUR ATTENDANCE THE PLANNING DEPARTMENT AT 514-4060 PRIOR TO 12:00 NOON ON WEDNESDAY, NOVEMBER 20, 2013 C. ROBERT JOHNSON CHAIRMAN  AGENDA SUFFOLK WETLANDS BOARD November 21, 2013 6:00 P.M. I. Call to Order II. Roll Call III. Approval of Minutes Work Session – October 17, 2013 IV. Public Hearings – None V. Restoration Hearings – None VI. Permit Extensions VMRC #05-2245 – to permit the maintenance of an existing 16-inch diameter underground petroleum pipeline with associated tidal wetland impacts to the Nansemond River, Chuckatuck Creek, Bennett’s Creek and their tributaries. VII. Old Business VMRC #12-1348 – River Bluff Living Shoreline – Monthly Update/Progress Report VIII. New Business IX. Compliance and Inspections – None X. Adjournment THIS PAGE LEFT INTENTIONALLY BLANK THIS PAGE LEFT INTENTIONALLY BLANK  MINUTES SUFFOLK WETLANDS BOARD October 17, 2013 6:00 P.M. The regular meeting of the Suffolk Wetlands Board was held on Thursday, October 17, 2013, at 6:00 p.m., in the Council Chambers of the Municipal Building, 441 Market Street, Suffolk, Virginia. MEMBERS: STAFF: C. Robbie Johnson, Chairman Scott Mills, AICP, Director of Planning Geoffrey Hinshelwood Karla Williams, Associate City Attorney Brad L. O’Berry, III Brian Alperin, Principal Planner Gretchen Arnold David Parks, Planner II Sidney Hazelwood Jeffrey Colley ROLL CALL: The meeting was called to order by Chairman Johnson. The roll was called by Mr. Alperin and the Chairman were informed that a quorum was present. APPROVAL OF THE MINUTES: A motion was made to approve the minutes of the previous meeting as distributed which was passed by a voice vote 6 to 0. OLD BUSINESS: VMRC #12-1348 – River Bluff Living Shoreline – Monthly Update/Progress Report 1 Mr. Alperin stated that the requirement of the 6-month updates have been satisfied by the developer. Staff will continue to provide the Board monthly updates of the Living Shoreline as requested. Mr. Alperin advised that staff visited the site and there have been progress made. Mr. Parks showed pictures that were taken during staff’s visit at the site. He advised that Mr. Reed advised him that they have close to 100’ left of bank work for grading and they have trenched for the preparation of the bank to be graded back. Mr. Reed also advised that the next 2-3 weeks they should be done with the grading, sod, sprigging and RPA plantings. The Board expressed their concerns about the wetlands permit, silt fence, stockpile and erosion. Karla Williams, Associate City Attorney, advised that she will request someone from Public Works to be at the meeting next month to discuss E&S enforcement. Mr. Mills advised that he will ensure that Public Works staff and Planning staff will re-evaluate the issue of the silt fence at the toe of the slope and re-evaluate the stockpile in the area that is currently being worked now to determine where it would be appropriate to place the silt fence around it while that area is being worked. OLD BUSINESS: Mr. Johnson inquired about having persons sworn-in before they speak during a 2 public hearing item. Karla Williams, Associate City Attorney, stated that it is not legally required. Neither, Planning Commission nor City Council requires persons to be sworn in before they speak. NEW BUSINESS: Karla Williams, Associate City Attorney, provided an overview of the powers and duties of the Suffolk Wetlands Board and discussed the procedures to follow in the event of violations of any valid order, rule or regulation of the Wetlands Board or of a provision of Title 28.2, Chapter 13 of the Virginia Code. OTHER BUSINESS: Mr. Johnson gave the Board members a copy of the letter that he sent to the City Manager regarding compensation. Mr. Johnson inquired about the language in the Administrative Code in reference to the Resource Management Area not RPA’s - it allows a municipality to designate some areas as Resource Management Area in where certain activities are not best suited for that area – one of them are highly erodible soils including steep slopes. There are a lot of steep slopes along the Nansemond River that is undeveloped. Mr. Mills advised that in the Chesapeake Bay drainage shed, you are either in a RPA or RMA. City staff included all the land in the Chesapeake Bay Watershed as a RMA. 3 He will have staff to provide the Board members a copy of the City’s Chesapeake Bay Preservation Area Overlay District ordinance. Mr. Alperin advised the Board that the City would fund one board member and one staff member to attend the Mid-Atlantic Living Shoreline Summit from December 10- 11, 2013 in Cambridge, MD. Brad L. O’Berry advised that he would like to attend. ADJOURNMENT: There being no further business before the Board, the meeting was adjourned. 4 THIS PAGE LEFT INTENTIONALLY BLANK THIS PAGE LEFT INTENTIONALLY BLANK THIS PAGE LEFT INTENTIONALLY BLANK THIS PAGE LEFT INTENTIONALLY BLANK Municode Page 1 of 15 SEC. 31-415. CHESAPEAKE BAY PRESERVATION OVERLAY DISTRICT (CB). (a) PURPOSE AND INTENT. (1) The purpose of this Section is to implement the requirements of Section 62.1-44.15:67 et seq. of the Code of Virginia (the Chesapeake Bay Preservation Act). The intent of the Overlay District is to provide special regulatory protection for the land and water resources located within the designated Chesapeake Bay Preservation Area in the City of Suffolk. Land use development standards are established herein for the purpose of implementing the goals, objectives criteria and standards set forth in the City of Suffolk Chesapeake Bay Preservation Program. (2) The requirements of this Section supplement the City's land development codes, including existing zoning and subdivision Ordinances and regulations. It imposes specific regulations for development and other land use within the City of Suffolk Chesapeake Bay Preservation Area. In the event of inconsistency between the provisions of this Section and the provisions established in other applicable Ordinances, the more restrictive or stringent provisions shall apply. (3) This Ordinance from which this Section derives is enacted under the authority of Section 62.1-44.15:67 et seq. (the Chesapeake Bay Preservation Act) and Section 15.2-2283 of the Code of Virginia. This Section implements the City of Suffolk Chesapeake Bay Preservation Program. (b) AREAS OF APPLICABILITY. (1) The Chesapeake Bay Preservation Area Overlay District shall apply to all lands identified as CBPAs as specified on the Official Preservation Area District Maps and shall include RPA's and RMA's. The maps together with all explanatory matter thereon, are hereby adopted by reference and declared to be a part of this Section. (2) This Section shall only apply to the City of Suffolk Chesapeake Bay Preservation Area, hereafter referred to as the Preservation Area District. The preservation area district shall be delineated on official preservation area district maps. The maps show the general location of CBPAs and should be consulted by persons contemplating activities within the City prior to engaging in a regulated activity. If the boundaries of a CBPA include a portion of a lot, parcel or development project, the entire lot, parcel or development project shall comply with the requirements of the overlay district. However, the Director upon the submittal of an environmental site assessment prepared in accordance with Subsection (e) of this Section, may determine that the portion of property outside the CBPA is not subject to the provisions of this Section. (3) The Official Preservation Area District Maps are hereby declared to delineate the general location of CBPAs and specific locations of IDAs. Site specific boundaries of RPAs and RMAs shall be delineated by the applicant during the development review process subject to final approval by the Zoning Administrator. (4) The Planning Director when requested by an applicant wishing to construct a single- family residence or accessory structure may waive the requirement for an environmental site assessment and perform the delineation. (c) GENERAL PERFORMANCE CRITERIA. The following standards shall apply to all development activities in the Preservation Area District. (1) No more land shall be disturbed than is necessary to provide for the proposed use or development. Land disturbance shall be limited to the area necessary to provide for http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 2 of 15 the desired use or development. In accordance with an approved development 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. (2) Indigenous vegetation shall be preserved to the maximum extent practicable, consistent with the use or development proposed. When forests or developed woodlands exist on the site and proposed development requires the cutting or clearing of trees areas proposed for clearing shall be identified on the proposed development plan. These plans shall be submitted as part of the development review process. A grading permit will be required prior to any clearing or cutting associated with the proposed development. (3) All development exceeding a disturbed land area of 2,500 square feet shall be accomplished through a process of development review as stated in Subsection (e) of this Section. (4) All land disturbance activities exceeding an area of 2,500 square feet (including construction of single-family houses and installation of septic drain fields but otherwise as defined in Section 62.1-44.15:51 of the Code of Virginia) shall comply with the City of Suffolk Erosion and Sediment Control Regulations. (5) All necessary federal, state and other permits which regulate activities in wetlands shall be required to be submitted as part of the development review in Subsection (e) of this Section prior to authorization of grading and other site construction activities to begin. (6) On-site treatment systems not requiring a Virginia Pollutant Discharge Elimination System (VPDES) permit shall: A. Have pump-[out] accomplished for all such systems at least once every five years. 1. If deemed appropriate by the Health Department and subject to conditions the Health Department may set, owners of such systems, as an alternative to the mandatory pump-out have 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 et seq.) administered by the Virginia Department of Health. 2. Furthermore, in lieu of requiring proof of septic tank pump-out every five years owners of on-site sewage treatment systems shall submit documentation to the City every five years, certified by a 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. B. For new construction, a reserve sewage disposal area with a capacity not less than that of the primary sewage disposal area shall be provided. Any lot or parcel recorded prior to October 1, 1989 is not subject to this requirement, if such lot or parcel is not sufficient in capacity to accommodate a reserve sewage disposal site, as determined by the City of Suffolk Health Department Building shall be prohibited on the area of all sewage disposal sites until the structure is served by public sewer or an on-site sewage treatment system http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 3 of 15 which operates under a permit issued by the State Water Control Board. All sewage disposal site records shall be administered to provide adequate notice and enforcement. As an alternative to the 100% reserve sewage disposal site, owners of such system have the option of installing an alternating drainfield system meeting the following conditions: 1. Each of the two alternating drainfields in the system shall have, at a minimum, an area not less than 50% of the area that would otherwise be required if a single primary drainfield were constructed. 2. An area equaling 50% of the area that would otherwise be required for the primary drainfield site must be reserved for subsurface absorption system that utilize[s] a flow diversion device, in order to provide for future replacement or repair to meet the requirements for a sewage disposal system. Expansion of the primary system will require an expansion of this reserve area. 3. The two alternating drainfields shall be connected by a diversion valve, approved by the Health Department, located in the pipe between the septic (aerobic) tank and the distribution boxes. The diversion valve shall be used to alternate the direction of effluent flow to one drainfield or the other at a time. However, diversion valves shall not be used for the following types of treatment systems: a. Sand mounds; b. Low-pressure distribution systems; c. Repair situations when installation of a valve is not feasible; and d. Any other approved system for which the use of a valve would adversely affect the design of the system, as determined by the Health Department. 4. The diversion valve shall be a three-port, two-way valve of approved materials (i.e., resistant to sewage and leakproof and designed so that the effluent from the tank can be directed to flow into either one of the two distribution boxes). 5. There shall be a conduit from the top of the valve to the ground surface with an appropriate cover to be level with or above the ground surface. 6. The valve shall not be located in driveways, recreational courts, parking lots, or beneath sheds or other structures. 7. In lieu of the aforementioned diversion valve, any device that can be designed and constructed to conveniently direct the flow of effluent from the tank into either one of the two distribution boxes may be approved if plans are submitted to the Health Department and found to be satisfactory. 8. The owner(s) shall alternate the drainfields every 12 months to permit the yearly resting of half of the absorption system. 9. The City shall ensure that the owner(s) are notified annually of the requirement to switch the valve to the opposite drainfield. C. For development proposals, a reserve sewage disposal area with a capacity not less than that of the primary sewage disposal area shall be provided. Any lot or parcel recorded prior to October 1, 1989 is not subject to this requirement, if such lot or parcel is not sufficient in capacity to accommodate a http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 4 of 15 reserve sewage disposal site, as determined by the City of Suffolk Health Department. (7) Development and redevelopment shall meet all requirements of the Virginia Stormwater Regulations and all City policies that are appropriate to site development. (8) All development and redevelopment projects shall delineate those site areas not covered by impervious surfaces to be maintained or established in vegetation. Where vegetation is not proposed the developer shall demonstrate why planting for such portions of the site are impracticable types of planting and vegetation proposed shall be in accordance with the standards of the most recent edition of the American Nursery and Landscape Association ("ANLA") (formerly the American Association of Nurserymen), The American Standard For Nursery Stock, (1996), which document is hereby incorporated by reference as if set forth in its entirety herein. Said document may be obtained by contacting ANLA at 1250 1 Street NW, Suite 500, Washington, D.C. 20005 (202/789-2900). (9) Land upon which agricultural activities are being conducted, including but not limited to crop production, pasture and dairy and feedlot operations, shall have a soil and water quality conservation assessment conducted that evaluates 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 being accomplished consistent with the Act and this chapter. A. For erosion and sediment control recommendations the goal shall be, where feasible, to 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. However, in no case shall erosion exceed the soil loss consistent with an alternative conservation system, referred to as an "ACS", as defined in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resource Conservation Service. B. For nutrient management, whenever nutrient management plans are developed, the operator or landowner must provide soil test information, consistent with the Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15-10 et seq.). C. For pest chemical control, referrals shall be made to the local cooperative extension agent or an integrated pest management specialist of the Virginia Cooperative Extension Service, Recommendations shall include copies of applicable information from the "Virginia Pest Management Guide" or other extension materials related to pest control. D. A higher priority shall be placed on conducting assessments of agricultural fields and tracts adjacent to Resource Protection Areas, However, if the landowner or operator of such a tract also has Resource Management Area fields or tracts in his operation, the assessment for that landowner or operator may be conducted for all fields or tracts in the operation. When such an expanded assessment is completed, priority must return to Resource Protection Area fields and tracts. E. The findings and recommendations of such assessments and any resulting soil and water quality conservation plans will be submitted to the Peanut Soil and Water Conservation District Board, which will be the plan-approving authority. http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 5 of 15 (10)Silvicultural activities in Chesapeake Bay Preservation Areas are exempt from these regulations provided that silviculture operations adhere to water quality protection procedures prescribed by the Department of Forestry in its "Best Management Practices Handbook for Forestry Operations." The Department of Forestry will oversee and document installation of best management practices and will monitor the in-stream impacts of forestry operations in Chesapeake Bay Preservation Areas. (d) DEVELOPMENT CRITERIA FOR RESOURCE PROTECTION AREAS. (1) PRESERVATION AREAS. The Chesapeake Bay Preservation Area shall consist of three areas for purposes of determining applicable development restrictions: (1) a Resource Protection Area and (2) a Resource Management Area. Intensely Developed Areas may be a component of each area. These areas are defined and established as follows: A. RESOURCE PROTECTION AREA (RPA). (i) Resource Protection Areas shall consists of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may cause significant degradation to the quality of state waters. In their natural condition, these lands provide for the removal, reduction or assimilation of sediments nutrients and potentially harmful or toxic substances in runoff entering the bay and its tributaries, and minimize the adverse effects of human activities on state waters and aquatic resources. 1. Components: (a) Tidal wetlands; (b) Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; (c) Tidal shores; (d) Drinking water reservoirs from the water's edge; (e) A vegetated buffer area not less than 100 feet in width located adjacent to and landward of the components listed in Subsections (a) through (d) above, and along both sides of any water body with perennial flow. (ii) Development criteria include the following: (a) Land development may be allowed in the Resource Protection Area only if it (i) is water dependent; (ii) constitutes redevelopment; (iii) constitutes development or redevelopment within a designated intensely developed area; (iv) is a new use established pursuant to this Section; (v) is a road or driveway crossing satisfying the conditions set forth in this Section; or (vi) is a flood control or stormwater management facility satisfying the conditions set forth in this Section. 1. A water quality impact assessment in accordance with Appendix B shall be required for any proposed land disturbance. 2. A new or expanded water-dependent facility may be allowed provided that the following criteria are met: http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 6 of 15 (a) It does not conflict with the Comprehensive Plan; (b) It complies with the performance criteria set forth in this Ordinance; (c) Any nonwater-dependent component is located outside of Resource Protection Areas; and (d) Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided. 3. Redevelopment outside locally designated Intensely Developed Areas shall be permitted in the Resource Protection Area only if there is no increase in the amount of impervious cover and no further encroachment within the Resource Protection Area, and it shall conform to applicable erosion and sediment control and stormwater management criteria set forth in this Section as well as all applicable stormwater management requirements of other state and federal agencies. 4. Roads and driveways not exempt under this Section and which, therefore, must comply with the provisions of this chapter, may be constructed in or across Resource Protection Areas if each of the following conditions is met: (a) No reasonable alternatives exists to aligning the road or driveway in or across the Resource Protection Area; (b) The alignment and design of the road are optimized, consistent with other applicable requirements, to minimize (i) encroachment in the Resource Protection Area and (ii) adverse effects on water quality; (c) The design and construction of the road or driveway satisfy all applicable criteria of this chapter, including submission of a water quality impact assessment; and (d) The road or driveway proposed in or across the Resource Protection Area receives site plan, subdivision or plan or development approvals. 5. Flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed may be allowed in Resource Protection Areas, provided that (i) the City has conclusively established that location of the facility within the Resource Protection Area is the optimum location; (ii) the size of the facility is the minimum necessary to provide necessary flood control, stormwater treatment, or both; (iii) the facility must be consistent with a stormwater management program that has been approved by the Chesapeake Bay Local Assistance Board; (iv) all http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 7 of 15 applicable permits for construction in state or federal waters must be obtained from the appropriate state and federal agencies, such as the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality and the Virginia Marine Resources Commission; (v) approval must be received from the City prior to construction; and (vi) routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed. It is not the intent of this subdivision 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. (b) All sites for which development activities are proposed shall be subject to the requirements detailed in Section 31-415(c) general provisions. B. RESOURCE MANAGEMENT AREA (RMA). The Resource Management Area (RMA) is that component of the Chesapeake Bay Preservation Area that is not classified as the Resource Protection Area and may include flood plains, highly erodible soils associated with steep slopes, highly permeable soils, nontidal wetlands outside of the RPA and other lands necessary to protect water quality. Development standards for the RMA are set forth as follows: (i) All sites for which development activities are proposed shall be subject to the requirements detailed in Subsection (c), general provisions. (ii) When forests or developed woodlands exist on the site and proposed development requires the cutting or clearing of trees, areas proposed for clearing shall be identified on the proposed development plan. These plans shall be submitted as part of the development review process. A grading permit will be required prior to any clearing or cutting associated with proposed development. (iii) Land disturbance shall be limited to the area necessary to provide for the desired use or development. (iv) In accordance with an approved development 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. (v) Ingress and egress during construction shall be limited to one access point unless otherwise approved by the Planning Director. (vi) Indigenous vegetation shall be preserved to the maximum extent possible consistent with the use and development permitted. (vii) Land development shall minimize impervious cover consistent with the use or development permitted. C. INTENSELY DEVELOPED AREAS (IDA). Intensely Developed Areas (IDA) are those areas designated by the City of Suffolk as an overlay of Chesapeake Bay Preservation Areas within the City's jurisdiction. IDA's shall serve as redevelopment areas in which development is concentrated as of the local program adoption date and where little of the natural environment remains and provided that one of the following conditions exists: (i) development has severely altered the natural state of the area such that it has more than 50 http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 8 of 15 percent impervious cover; (ii) public sewer and water is constructed and currently serves the area as of September 1990 and this condition does not include areas planned for public sewer and water; or (iii) housing density is equal to or greater than four dwelling units per acre. Development standards for the IDA are the same as the standards of the RMA or RPA and consistent with this Section. D. BUFFER AREA REQUIREMENTS. To minimize effects of human activities on the other components of the Resource Protection Area, state waters, and aquatic life, a 100-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 shall be located adjacent to and landward of any other component of the RPA. The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients. Not withstanding permitted uses, encroachments, and vegetation clearing, as set forth in Subsection (d)(1) a., the 100-foot wide buffer area is not reduced in width. When agricultural or silvicultural uses within the buffer area cease, and the lands are proposed to be converted to other uses, the full 100-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. The following additional performance criteria shall apply in the buffer area: Source: Hampton Roads Planning District Commission, Vegetative Best Practice Guide for Nonpoint Source Pollution Management (Dec. 1992), at 100. (i) http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 9 of 15 In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only, subject to approval by the City, 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 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 allowed as permitted by the City 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 or requirements. (ii) When the application of the buffer area would result in the loss of buildable area on a lot or parcel recorded prior to October 1, 1989, encroachments into the buffer area may be allowed through an administrative process without the need of an exception pursuant to Section 31-415(f)5(), in accordance with the following criteria: (a) Encroachments to the buffer area 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, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into 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. (iii) When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989 and March 1, 2002, encroachments into the buffer area may be allowed through an administrative process without the need of an exception pursuant to Section 31-415(f)(5), in accordance with the encroachment requirements of this Section and the following criteria: (a) The lot or parcel was created as a result of a legal process conducted in conformity with the subdivision regulations; (b) Conditions or mitigation measures imposed through a previously approved exception shall be met; (c) If the use of a best management practice (BMP) shall be evaluated to determine if it continues to function effectively and, if http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 10 of 15 necessary, the BMP shall be reestablished or repaired and maintained as required; and (d) The criteria in Subsection 31-415(d)(1)D.(ii) of this Section shall be met. (iv) 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 (such as Johnson grass, kudzu, and multiflora rose) from invading the buffer area. (a) If specific problems are identified pertaining to agricultural activities which are causing pollution of the nearby water body with perennial flow or violate performance standards pertaining to the vegetated buffer area the City, in cooperation with the Peanut Soil and Water Conservation District, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite environmental protection while taking into account the seasons and other temporal considerations so that the probability for successfully implementing the corrective measures is greatest. (b) In cases where the landowner of his agent or operator has refused assistance from the Peanut and Water Conservation District in complying with or documenting compliance with the agricultural requirements of this chapter, the district shall report the noncompliance to the local government. The landowner shall be required to correct the problems within a specified period of time not to exceed 18 months from their initial notification of the deficiencies to the landowner. The City, in cooperation with district, shall recommend a compliance schedule to the landowner. This schedule shall expedite environmental protection while taking into account the seasons and other temporal considerations so that the probability for successfully implementing the corrective measures is greatest. (v) In addition to the standards set forth above, development within the IDA shall comply with the following: (a) Development within Intensely Developed Areas shall maintain, to the maximum extent possible, a natural vegetated buffer adjacent to the a water body with perennial flow and utilize appropriate best management practices landward of the buffer. No removal of natural vegetation shall be permitted in the buffer, except for permitted water-dependent facilities or except as provided for under the buffer standards, above. (b) All development and redevelopment projects shall delineate those site areas not covered by impervious surfaces to be maintained or established in vegetation. Where vegetation is not proposed the developer shall demonstrate why planting for such portions of the site are impracticable. Types of planting and vegetation proposed shall be in accordance with the standards of the most recent edition of the "American Standard for Nursery Stock" published by the American Association of Nurserymen. This http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 11 of 15 information shall he submitted during development review or as part of an Erosion and Sediment Control Plan as specified in Appendix B. (vi) Buffer area exemption for IDA. An application for development approval within the IDA may be exempt if a request for an exception is made as part of the development review as described in Subsection (f)(4) of this Section. If the immediate establishment of the buffer area within IDA's is impractical, measures that establish the buffer in these areas over time in order to maximize water quality protection, pollutant removal, and water resource conservation will be required. Such measures shall be included in a buffer management plan, except if a request for an exception is made as part of the development review as described in Subsection (f)(4) of this Section. (e) DEVELOPMENT REVIEW PROCESS. All development not otherwise exempted by the provisions of this Section must be approved through a process of development review In addition to the requirements of Section 31-307 of this Ordinance and the requirements of Article 5 (the Subdivision Ordinance) of the City of Suffolk, the development review process shall consist of the plans and studies identified as follows: (1) A site plan prepared in accordance with the requirements of Section 31-307 of this Ordinance; or a subdivision plat prepared in accordance with the requirements of Article 5 of this Ordinance. (2) An environmental site assessment consistent with Appendix B, Section B-13. (3) A stormwater management plan consistent with Appendix B, Section B-12. (4) A soil erosion and sedimentation control plan consistent with Section 31-610 (5) Installation and bonding requirements. A. Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no Certificate of Occupancy shall be issued until the installation of required plan materials and/or facilities is completed, in accordance with the approved site plan. B. When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a Certificate of Occupancy may be issued only if the applicant provides to the City a form of surety satisfactory to the City in an amount equal to the cost associated with completing the required landscaping or stormwater management facilities and/or maintenance costs for any required stormwater management facilities during the construction period. C. After all required actions of the approved site plan have been completed, the applicant must submit a written request to the City of Suffolk for a final inspection. If the requirements of the approved plan have been completed to the satisfaction of the City such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within 60 days following the receipt of the applicant's written request for final inspection. (f) ADMINISTRATIVE PROCEDURES. (1) WATER QUALITY ASSESSMENT. A water quality assessment shall be prepared in accordance with Appendix B, Section B-13 for any proposed development within the RPA, and shall be reviewed as follows: A. Upon the completed review of a Minor Water Quality Impact Assessment, the Director shall determine if any proposed modification or reduction to the buffer http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 12 of 15 area is consistent with the provisions of this Section and make a finding based upon the following criteria: (i) The necessity of proposed encroachment and the ability to place improvements elsewhere on the site to avoid disturbance of the buffer area; (ii) Impervious surface is minimized; (iii) Proposed best management practices, where required, achieve the requisite reductions in pollutant loadings; (iv) The development, as proposed, meets the purpose and intent of this Section; (v) The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality. B. Upon the completed review of a major water quality impact assessment, the Director will determine if the proposed development is consistent with the purpose and intent of this Ordinance and make a finding based upon the following criteria in conjunction with Subsection (e) of this Section. (i) Within the RPA, the proposed development is water-dependent; (ii) The disturbance of wetlands will be minimized; (iii) The development will not result in significant disruption of the hydrology of the site; (iv) The development will not result in significant degradation to aquatic vegetation or life; (v) The development will not result in unnecessary destruction of plant materials on site; (vi) Proposed erosion and sediment control concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation; (vii) Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve the required standard for pollutant control; (viii) Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits; (ix) The design and location of any proposed drainfield will be in accordance with the requirements of Subsection (c), above. (x) The development, as proposed, is consistent with the purpose and intent of the preservation area district; (xi) The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, both existing and proposed, will not result in a significant degradation of water quality. (2) NONCONFORMING USE AND NONCOMPLYING STRUCTURES. A. An application for the expansion of a nonconforming principal structure may be approved by the Planning Director through an administrative review process provided that the following findings are made: (i) The request for the waiver is the minimum necessary to afford relief; (ii) Granting the waiver will not confer upon the applicant any specific privileges that are denied by this Ordinance to other property owners in similar situations; http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 13 of 15 (iii) The waiver is in harmony with the purpose and intent of this Section and does not result in water quality degradation; (iv) The waiver is not based on conditions or circumstances that are self- created or self-imposed; (v) Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality; (vi) Other findings, as appropriate and required by City are met; and (vii) In no case shall this provision apply to accessory structures. (3) PUBLIC UTILITIES, RAILROADS AND FACILITIES EXEMPTIONS. A. Construction, installation, operation, and maintenance of electric, fiber-optic, natural gas, and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with the City's Erosion and Sedimentation Control and Stormwater Management Ordinance requirements will be deemed to constitute compliance with these regulations. (i) Any exemption of public roads is further conditioned on the following: 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. Construction, installation, operation, and maintenance of water, sewer and natural gas underground telecommunications and cable television lines owned, permitted or both, by the City or regional service authority will be exempt from the criteria of this Overlay District that: (i) To the degree possible, the location of such utilities and facilities should be outside Resource Protection Areas. (ii) No more land will be disturbed than is necessary to provide for the proposed utility installation. (iii) All such construction, installation, and maintenance of such utilities and facilities will be in compliance with all applicable state and federal permits and designed and conducted in a manner that protects water quality. (iv) Any land disturbance exceeding an area of 2,500 square feet complies with all erosion and sedimentation control requirements of the City of Suffolk. (4) EXEMPTIONS IN RESOURCE PROTECTION AREAS. A. The following land disturbance activities in Resource Protection Areas may be exempt from the criteria of this part provided that they comply with items B. and C. below: (i) water wells; (ii) passive recreation facilities such as boardwalks, trails, and pathways; and (iii) historic preservation and archaeological activities. B. Any such land disturbance must be approved by the City of Suffolk. A plan indicating the area to be disturbed shall be submitted for approval as of the development review process, Subsection (e) of this Section. C. Any land disturbance exceeding an area of 2,500 square feet shall comply with the erosion and sediment control requirements of the City of Suffolk. (5) EXCEPTIONS. A. A request for an exception to the requirements of the (Development Criteria for Resource Protection Areas) and (Buffer Area Requirements) of this Article shall http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 14 of 15 be made in writing to the Planning Commission. 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 Appendix B-13(a) (Water Quality Impact Assessment). B. The City of Suffolk shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in accordance with Section 15.2-2204 of the Code of Virginia, except that only one hearing shall be required. C. The Planning Commission shall review the request for an exception and the 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 Planning Commission finds: (i) Granting the exception will not confer upon the applicant any special privileges denied by this Article to other property owners in the Overlay District; (ii) The exception request is not based on conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels; (iii) The exception request is the minimum necessary to afford relief; (iv) The exception request will be in harmony with the purpose and intent of the Overlay District; not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and (v) Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality. D. If the Planning Commission cannot make the required findings or refuses to grant the exception, the Planning Commission shall return the request for an exception together with the water quality impact assessment and the written findings and rationale for the decision to the applicant. E. An applicant may appeal the decision of the Planning Commission, in refusing to grant an exception, to the City Council. An appeal must be filed within 30 days from the time a decision is rendered by the Planning Commission and give public notice thereof as required by this Ordinance and decide the same within 60 days. In exercising its powers, the City Council may, in conformity with the provisions of this Ordinance, reverse, or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the Planning Commission. The City Council shall consult with the Planning Commission in relation to any appeal and may require documentation of any Planning Commission decision prior to hearing the appeal. The City Council may affirm, reverse or modify the Planning Commission's decision and shall notify the Planning Commission of its actions. F. A request to an exception to the requirements of provisions of this Article other than the (Development Criteria for Resource Protection Areas) and (Buffer http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 Municode Page 15 of 15 Area Requirements) shall be made in writing to the Planning Director. The Planning Director may grant these exceptions provided that: (i) Exceptions to the requirements are the minimum necessary to afford relief; and (ii) Reasonable and appropriate conditions are placed upon any exception that is granted, as necessary, so that the purposed and intent of this Section is preserved. (iii) Exceptions to Section (c) (General Performance Criteria) may be made provided that the findings noted in Section (f)(5)c. above are made. (iv) If the Planning Director cannot make the required findings or refuses to grant the exception, the Director shall return the request for an exception together with the water quality impact assessment and the written findings and rationale for the decision to the applicant. Within 30 days from the date of denial, the applicant may apply to the Planning Commission for an exception. G. No exception shall be authorized by the Planning Commission except after notice and a hearing, as required by Section 15.2-2204 of the Code of Virginia, except that only one hearing shall be required. H. An applicant may appeal the decision of the Planning Commission, in refusing to grant an exception, to the City Council. An appeal must be filed within 30 days from the time a decision is rendered by the Planning Commission and give public notice thereof as required by this Ordinance and decide the same within sixty (60) days. In exercising its powers, the City Council may, in conformity with the provisions of this Ordinance, reverse, or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the Planning Commission. The City Council shall consult with the Planning Commission in relation to any appeal and may require documentation of any Planning Commission decision prior to hearing the appeal. The City Council may affirm, reverse or modify the Planning Commission's decision and shall notify the Planning Commission of its actions. (Ord. No. 09-O-028, Exh. A, 5-20-2009; Ord. No. 13-O-057, 6-19-2013) http://library.municode.com/print.aspx?h=&clientID=14461&HTMRequest=http%3a%2f... 11/15/2013 THIS PAGE LEFT INTENTIONALLY BLANK THIS PAGE LEFT INTENTIONALLY BLANK