Article XIII, Sections 13-119 to 13-126
Dimensional standards
Servicing
- Applies near
- Chesapeake Bay Preservation Area (CBPA) overlay districtOverlay districtA second set of rules laid over the base district, adding requirements without replacing it.
- Geographic extent
- Applies to the Chesapeake Bay Preservation Area (CBPA) overlay districtOverlay districtA second set of rules laid over the base district, adding requirements without replacing it., including Resource Management Areas (RMA) and Resource Protection Areas (RPA).
Extracted standards
22 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Appeal deadline14 days
within 14 days of the issuance of such decision
- Appeal filing fee100 dollars
A notice of appeal shall be accompanied by a filing fee of $100.00.
- BMP must be on Virginia Stormwater BMP Clearinghouse
Under no circumstances shall the city allow the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse website
- Bond release timeframe after final inspection request60 days
such unexpended or unobligated portion of the surety bond held shall be refunded to the applicant or terminated within 60 days following the receipt of the applicant's request for final inspection.
- Maximum CBPA civil charge per violation10,000 dollars
the city may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000.00 for each violation.
- Maximum CBPA civil penalty per day5,000 dollars
be assessed a civil penalty not to exceed $5,000.00 for each day of violation
- Maximum civil penalty per violation32,500 dollars
shall be subject to a civil penalty not to exceed $32,500.00 for each violation
- Maximum criminal fine32,500 dollars
shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less than $2,500.00 nor more than $32,500.00
- Economic hardship not sufficient for exception
Economic hardship alone is not sufficient reason to grant an exception from the requirements of this Article XIII.
- Criteria for granting exceptions
The exception is the minimum necessary to afford relief; The exception will be consistent with the purpose and intent of the overlay district, and not injurious to water quality
- Exempt land-disturbing activity threshold2,500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
Land-disturbing activities less than 2,500 square feet not part of a larger common plan of development or sale
- Formal hearing request deadline30 days
may demand in writing a formal hearing by the planning commission, provided a petition requesting such hearing is filed with the director of T&ES within 30 days after notice of such action is given
- Landscaping installation deadline
all required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy
- Phosphorus reduction exception conditions
Exceptions to the requirements for phosphorus reductions required under section 13-109(E)(4) and (5) will not be allowed unless off-site options available through 9VAC25-875-610 have been considered and found not available.
- Reconstruction deadline for destroyed noncomplying structures2 years
Such reconstruction shall occur within two years after the destruction or damage
- Disturbance threshold for erosion control compliance2,500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
Any development or land disturbance exceeding and area of 2,500 square feet complies with section 5-4-1 et seq. of the City Code (erosion and sediment control).
- No increase in imperviousImpervious coverageThe share of a lot covered by anything water cannot soak through — roofs, drives, patios. area for RPA buffer enlargement
there shall be no increase in the amount of impervious area and no further encroachment in the RPA
- Single-unit residence exempt threshold1 acresacre43,560 square feet — about the size of an American football field without the end zones.
Single-unit residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale
- State permits required for exceptions
Under no circumstances shall the city allow an exception to the requirement that a qualified land-disturbing activity obtain the required construction general permit or other state permits.
- Stormwater management facilities installation deadline18 months
all required stormwater management facilities or other specifications shall be installed and approved within 18 months of project commencement.
- Stormwater management plan appeal deadline30 days
shall appeal the director of T&ES's decision of approval or disapproval of a stormwater management plan application by filing a notice of appeal with the director of T&ES within 30 days after service of such decision.
- Surety bond required for occupancy prior to completion
a certificate of occupancy may be issued only if the applicant provides to the city a surety bond or equivalent satisfactory to the director of T&ES
From the ordinance
Exceptions to the requirements of this Article XIII shall be made pursuant to this section... The exception is the minimum necessary to afford relief.