Kilmarnock, Virginia · General provision

Article V, Sec. 54-482

Dimensional standards

Servicing

Geographic extent
Applies to all lands identified as Chesapeake Bay Preservation Areas (CBPAs) as shown on the town CBPA map, including Resource Protection Areas (RPAs) and Resource Management Areas (RMAs). RPAs include tidal wetlands, nontidal wetlands connected by surface flow, tidal shores, and a 100-foot vegetated buffer area along water bodies with perennial flow.

Extracted standards

40 individual requirements pulled out of this section’s prose, each with the sentence it came from.

Other

  • Agricultural activities may encroach into the landward 50 feet of the 100-foot-wide buffer area when at least one agricultural best management practice is implemented.

  • Appeal deadline30 days

    An owner may appeal by submitting a written application for review to the planning commission no later than 30 days from the rendering of such decision.

  • Buffer encroachment for 1989-2002 lots

    When the application of the buffer area would result in the loss of a buildable area on a lot recorded between October 1, 1989, and March 1, 2002, the administrative committee may permit encroachments.

  • Buffer encroachment for pre-1989 lots

    When the application of the buffer areas would result in the loss of a buildable area on a lot recorded prior to October 1, 1989, the administrative committee may permit encroachments into the buffer area.

  • No encroachment into seaward 50 feet50 ft

    The encroachment may not extend into the seaward 50 feet of the buffer area.

  • Buffer nutrient reduction40 pct

    The 100-foot buffer area shall be deemed to achieve a 40 percent reduction of nutrients.

  • When agricultural or silvicultural uses within the buffer area cease, the full 100-foot-wide buffer area shall be reestablished.

  • Buffer sediment reduction75 pct

    The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments.

  • Buffer vegetation removal conditions

    Indigenous vegetation may be removed subject to approval by the administrative committee, only to provide for reasonable sight lines, access paths, etc.

  • Buffer width100 ft

    A 100-foot buffer area shall be located adjacent to and landward of other RPA components.

  • Certificate of occupancy requires stormwater implementation

    The town shall not issue a certificate of occupancy until the complete implementation of the stormwater management plan.

  • Any land disturbance exceeding 2,500 square feet shall comply with all of the erosion and sediment control requirements of Lancaster County.

  • Environmental site assessment required

    The applicant shall submit an environmental site assessment in conjunction with a preliminary site plan or preliminary subdivision plat.

  • Erosion and sediment control plan required

    The applicant shall submit an erosion and sediment control plan designed in accordance with the procedures outlined in the Virginia Erosion and Sediment Control Handbook.

  • Exception process

    Any request for an exception to the requirements of this article shall be made in writing to the administrative committee and the planning commission.

  • IDA redevelopment buffer exemption

    Redevelopment within IDAs may be exempt from the buffer area.

  • Landscaping plan required

    The applicant shall submit a landscaping plan in conjunction with a subdivision plat.

  • The total amount of impervious surface within an RMA shall not exceed the following: [table]

  • Maximum land disturbance60 pct

    Land disturbance, in accordance with an approved site plan, shall be limited to 60 percent of the site.

  • Minimum DBH for preserved trees6 inches

    All trees located outside the area of land disturbance with a DBH of six inches or more shall be preserved.

  • No change or expansion of use shall be allowed except that the administrative committee may administratively permit a change or expansion upon findings that there is no net increase in nonpoint source pollutant load.

  • Plan of development elements

    The plan of development process shall consist of a subdivision plat, environmental site assessment, landscaping plan, stormwater management plan, and erosion and sediment control plan.

  • Any development or redevelopment exceeding 2,500 square feet of land disturbance shall be accomplished through a plan of development process.

  • Post-development pollutant load not to exceed pre-development

    For development, the post-development nonpoint source pollution runoff load shall not exceed the pre-development load.

  • Redevelopment pollutant load reduction10 pct

    For redevelopment the nonpoint source pollution load shall be reduced by at least ten percent.

  • Reserve sewage disposal site required

    A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided.

  • Redevelopment on isolated redevelopment sites outside of IDAs shall be permitted only if there is no increase in the amount of impervious cover.

  • Roads/driveways in RPA conditions

    Roads and driveways may be constructed in or across RPAs if conditions are met.

  • Septic pump-out frequency5 years

    All on-site sewage disposal systems not requiring a VPDES permit shall be pumped out at least once every five years.

  • Silvicultural exemption with BMPs

    Silvicultural uses are exempt from the requirements of this article; provided they adhere to the water quality protection procedures prescribed by the state department of forestry.

  • Soil and water quality conservation assessment

    Land upon which agricultural activities are being conducted shall have a soil and water quality conservation assessment.

  • Stormwater management implementation timeline18 months

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

  • Stormwater management plan required

    The applicant shall submit a stormwater management plan in conjunction with a subdivision plat.

  • Surety for stormwater facilities

    The applicant shall pay to the town a surety in a form satisfactory to the administrative committee in an amount equal to the cost of installation and maintenance.

  • Permeable pavement required for parking

    Grid and modular pavements shall be used for any required parking area, alley, or other low-traffic driveway.

  • Exemptions for utilities, railroads, public roads

    Construction, installation, operation and maintenance of electric, natural gas and fiber optic, cable and telephone transmission lines, railroads and public roads are exempt.

  • Water-dependent facility conditions

    A new or expanded water-dependent facility may be allowed provided that it does not conflict with the comprehensive plan, complies with standards, etc.

  • Wetlands permits required

    Prior to authorizing grading or other on-site activities, the applicant shall obtain all wetlands permits and related water quality permits.

  • Water quality impact assessment content

    A water quality impact assessment shall include site drawing, hydrogeological element, landscape element, etc.

  • Water quality impact assessment required in RPA

    A water quality impact assessment shall be required for any proposed land disturbance or development within an RPA.

From the ordinance

The CBPA overlay district shall apply to all lands identified as CBPAs, as designated by the council and as shown on the town CBPA map.
Article V, Sec. 54-482