Sections 36.265-36.276

An environmental site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval applications.

Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits or other permits required by Federal, State, and local laws and regulations shall be obtained and evidence of such submitted to the Zoning Administrator, in accordance with Section 36.273, of this Article.

Replacement trees shall be a minimum of two and one-half (2.5) inches DBH at the time of planting.

replacement of existing trees and other vegetation will be achieved at a ratio of two (2) planted trees to one (1) removed.

Land upon which agricultural activities are being conducted, including but not limited to crop production, pasture, and dairy and feedlot operations, or lands otherwise defined as agricultural land by the local government, 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.

On agricultural lands the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measures taken to prevent noxious weeds (such as Johnson grass, kudzu, and multiflora rose) from invading the buffer area.

Achieve a forty percent (40%) reduction in non-point source pollution from agricultural and silviculture uses.

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 in accordance with the following criteria: The lot or parcel was created as a result of a legal process conducted in conformity with the local government's subdivision regulations; Conditions or mitigation measures imposed through a previously approved exception shall be met; If the use of a best management practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained as required; and The criteria in subdivision 4a of this section shall be met.

When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the Zoning Administrator may through an administrative process permit encroachment into the buffer area in accordance with Section 36.273 (Plan of Development) and the following criteria: Encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities; Where practical, 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; and In no case shall the reduced portion of the buffer area be less than fifty (50) feet in width and the encroachment may not extend into the seaward fifty (50) feet of the buffer area.

The buffer area shall be maintained to meet the following additional performance standards: In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only subject to approval by the Zoning Administrator, to provide for reasonable sight lines, access paths, general wood lot management, and best management practices.

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 during development where it does not exist.

An erosion and sediment control plan shall be submitted that satisfies the requirements of this Article and in accordance with the Erosion and Sediment Control Ordinance of Essex County, in conjunction with site plan or subdivision plan approval.

Building or construction of any impervious surface shall be prohibited on the area of all sewage disposal sites until the development is served by public sewer or an on-site sewage treatment system that operates under a permit issued by the state water control board.

A landscape and clearing plan shall be submitted in conjunction with site plan approval or as part of subdivision plan approval.

In no case shall the reduced portion of the buffer area be less than fifty (50) feet in width and the encroachment may not extend into the seaward fifty (50) feet of the buffer area.

A minor WQIA pertains only to development with CBPAs which causes no more than five thousand (5,000) square feet of land disturbance and/or proposes encroachment into of the landward fifty (50) feet of the 100-foot buffer area as permitted under this section.

The 100-foot buffer area shall be deemed to achieve a seventy-five (75) percent reduction of sediments and a forty (40) percent reduction of nutrients.

All development and redevelopment exceeding two thousand five hundred (2,500) square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of the Zoning and Subdivision Ordinance or a subdivision plat in accordance with the Subdivision Article unless otherwise provided for.

Achieve a ten percent (10%) reduction in non-point source pollution from redevelopment;

A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided on each lot or parcel proposed for new construction.

There is no RPA, as established by Section 36.267(a)(1) of this Ordinance, located on or within five hundred (500) feet of any portion of the lot or parcel;

The 100-foot buffer area shall be deemed to achieve a seventy-five (75) percent reduction of sediments and a forty (40) percent reduction of nutrients.

Systems shall be pumped out at least once every five years, unless the owner submits documentation, 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.

All required stormwater management facilities or other specifications shall be installed and approved within eighteen (18) months of project commencement.

A stormwater management plan shall be submitted as part of the plan of development process required by this Article and in conjunction with site plan or subdivision plan approval.

The Administrator may waive the requirements of the stormwater management plan when development is for single-family residence, or addition to existing homes, or utility buildings, garages, and other structures accessory to single-family residences, and agriculture structures, on a lot or parcel one (1) acre or larger in size.

A WQIA is required for any proposed development or redevelopment within an RPA, including any buffer area encroachment as provided for in Section 36.271 of this Article.

A WQIA is required for any proposed development or redevelopment within an RPA, including any buffer area encroachment as provided for in Section 36.271 of this Article, and in any development in the RMA if the proposed development exceeds fifty (50) acres or results in more than sixty (60) percent impervious cover on the lot or parcel being developed.

A WQIA is required for any proposed development or redevelopment within an RPA, including any buffer area encroachment as provided for in Section 36.271 of this Article, and in any development in the RMA if the proposed development exceeds fifty (50) acres or results in more than sixty (60) percent impervious cover on the lot or parcel being developed.