Article X, Sec. 38-282 through 38-373
Dimensional standards
Height & bulk
Servicing
- Applies near
- Chesapeake Bay and tributaries
- Geographic extent
- All lands designated as Chesapeake Bay Preservation Areas (CBPAs) as shown on the town zoning map, including resource protection areas (RPAs) and resource management areas (RMAs).
Uses
Permitted by right8
Prohibited4
- storage of hazardous materials
- disposal of solid waste
- construction of structures with construction footprint >2,500 sq ft
- clearing of more than 5,000 sq ft of buffer area
Extracted standards
69 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Environmental
- Minimize disturbance of steep slopes
All development and redevelopment shall be designed to minimize the disturbance of steep slopes
Other
- AgriculturalAgricultureRaising crops or livestock, generally including the structures that serve them. best management practices
Agricultural activities are conducted in accordance with the best management practices
- AgriculturalAgricultureRaising crops or livestock, generally including the structures that serve them. buffer clearing limit5,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
The buffer area may be used for agricultural activities, provided that the agricultural activities are conducted in accordance with the best management practices as defined in this article and do not include the clearing of more than 5,000 square feet of the buffer area
- AgriculturalAgricultureRaising crops or livestock, generally including the structures that serve them. nonpoint source pollution reduction40 pct
achieve a 40 percent reduction in nonpoint source pollution from agricultural uses
Agricultural uses
- Appeal to BZA
Any person aggrieved by a decision of the zoning administrator regarding a water quality impact assessment may appeal the decision
- Bonding required
The zoning administrator may require the applicant to post a bond or other security
- Buffer encroachment criteria
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 permit encroachments into the buffer area
- Buffer maintenance required
The owner of the property on which the buffer area is located shall be responsible for the maintenance of the buffer area
- Buffer mitigation area equal to encroachment
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 shall be established elsewhere on the lot or parcel
- Buffer disturbance mitigation
Any disturbance of the buffer area shall be mitigated by the establishment of vegetation on an area equal to the area disturbed
- Buffer retained in natural state
The buffer area shall be retained in its natural state or planted with appropriate vegetation
- Buffer not disturbed except as allowed
The buffer area shall not be disturbed except as otherwise provided in this article
- Buffer nutrient reduction40 pct
and a 40 percent reduction of nutrients
- Buffer sediment reduction75 pct
The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments
- Buffer width100 ft
a 100-foot vegetated buffer area located adjacent to and landward of the components listed in subsections (1) through (3) of this section
- Dead/diseased tree removal
Dead, diseased or dying trees or shrubbery and noxious weeds such as Johnson grass, kudzu, and multiflora rose and thinning of trees may be allowed
- Environmental site assessment
The zoning administrator may require an environmental site assessment
- Erosion and sediment control required
All development and redevelopment shall comply with the applicable erosion and sediment control requirements
- Exception by planning commission
A request for an exception to the requirements of sections 38-311 and 38-312(c) for this Overlay District shall be made in writing to the planning commission
- Forestry best management practices
Forestry operations are conducted in accordance with the best management practices
- Forestry buffer clearing limit5,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
The buffer area may be used for forestry operations, provided that the forestry operations are conducted in accordance with the best management practices as defined in this article and do not include the clearing of more than 5,000 square feet of the buffer area
- Forestry operation
Forestry operations
- IDA exempt from buffer
Redevelopment within IDAs will be exempt from the buffer area
- IDA redevelopment
Portions of resource protection areas and resource management areas designated by the town council as intensely developed areas shall serve as redevelopment areas
- Minimize imperviousImpervious coverageThe share of a lot covered by anything water cannot soak through — roofs, drives, patios. cover
Impervious cover shall be minimized consistent with the proposed use or type of development
- Limit land disturbance to necessary area
Land disturbance shall be limited to the area necessary to provide for the proposed use or development
- Maintenance agreement
The zoning administrator may require the applicant to enter into a maintenance agreement
- Minimize removal of mature trees
All development and redevelopment shall be designed to minimize the removal of mature trees
- Maximum access points during construction1 point
Ingress and egress during construction shall be limited to one access point
- Maximum buffer clearing5,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
The clearing of more than 5,000 square feet of the 100-foot buffer area
- Maximum buffer encroachment50 ft
The construction footprint does not encroach into the 100-foot buffer area more than 50 feet
- Maximum construction footprint in RPA2,500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
The construction footprint is no more than 2,500 square feet
- Maximum imperviousImpervious coverageThe share of a lot covered by anything water cannot soak through — roofs, drives, patios. surface increase for redevelopment20 pct
the impervious surface is not increased more than 20 percent
- Maximum land disturbance in RPA2,500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
No more than 2,500 square feet of land shall be disturbed for any development or redevelopment project
- Minimum tree DBH for preservation6 in
Existing trees over six inches in diameter at breast height (DBH) shall be preserved outside the construction footprint
- No encroachment into seaward 50 feet of buffer50 ft
The encroachment may not extend into the seaward 50 feet of the buffer area
- NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use continuation
Any use that was lawfully existing on the effective date of this article and that is not permitted by this article may continue
- Nonresidential buffer construction footprint limit2,500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
The buffer area may be used for the construction of a nonresidential structure and its necessary appurtenances, provided that the construction footprint is no more than 2,500 square feet and the construction footprint does not encroach into the buffer area more than 50 feet
- Nonresidential structure
New construction and associated land disturbance of nonresidential structures
- Noxious weed control
The owner of the property on which the buffer area is located shall be responsible for the maintenance of the buffer area, including the control of noxious weeds
- Open spaceOpen spaceLand a development must leave unbuilt, sometimes required to be usable or planted. and passive recreation
Open space and passive recreation uses, provided that no more than 5,000 square feet of the 100-foot buffer area is cleared
- Passive recreation buffer clearing limit5,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
The buffer area may be used for passive recreation, provided that no more than 5,000 square feet of the buffer area is cleared
- Path construction erosion control
Any path shall be constructed and surfaced so as to effectively control erosion
- Plan of development contents
In addition to the information required by the site plan requirements, a plan of development for a project within a resource protection area shall include
- Plan of development threshold2,500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
Any development or redevelopment exceeding 2,500 square feet of land disturbance shall be accomplished through a plan of development process
- Plan of development review time60 days
The zoning administrator shall render a decision on the plan of development within 60 days
- ProhibitedProhibitedNot allowed in the district at all, short of rezoning or a variance. uses in RPA
Any use not specifically permitted in subsection (a) of this section; the storage of hazardous materials; the disposal of solid waste; the construction of any structure with a construction footprint of more than 2,500 square feet; the clearing of more than 5,000 square feet of the 100-foot buffer area
- Protective barrier distance from drip-line5 ft
suitable protective barriers, such as safety fencing, shall be erected five feet outside of the drip-line of any tree or stand of trees to be preserved
- Public hearingConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. for exceptions
The town shall notify the affected public of any such exception requests and shall consider these requests in a public hearing
- Redevelopment
Redevelopment of existing residential, commercial, industrial, institutional or public roads, highways or streets
- Redevelopment nonpoint source pollution reduction10 pct
the nonpoint source pollution load shall be reduced by at least ten percent
- Septic system pump-out frequency5 years
All onsite sewage disposal systems not requiring a VPDES permit shall be pumped out at least once every five years
New construction and associated land disturbance of single-family residences
- Single-familySingle-family dwellingOne dwelling unit on its own lot, usually detached from its neighbours. residence buffer construction footprint limit2,500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
The buffer area may be used for the construction of a single-family residence and its necessary appurtenances, provided that the construction footprint is no more than 2,500 square feet and the construction footprint does not encroach into the buffer area more than 50 feet
- Shoreline erosion control in buffer
The buffer area may be used for shoreline erosion control projects, provided that no more land disturbance than is necessary to accomplish the project is undertaken
- Shoreline erosion control project
Shoreline erosion control projects
- Shoreline erosion control vegetation
For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed and appropriate vegetation established
- Tree removal for sight lines
Trees may be pruned or removed as necessary to provide for sight lines and vistas
- Stormwater best management practices required
stormwater runoff shall be controlled by the use of best management practices
- Tree replacement for removed trees
where removed they shall be replaced with other vegetation that is equally effective
- Waiver by BZA
The board of zoning appeals may grant a waiver from the provisions of this article
- Water-dependent facility buffer disturbance
The buffer area may be used for water-dependent facilities, provided that no more land disturbance than is necessary to accomplish the project is undertaken
- Water-dependent facility
Water-dependent facilities
- Water quality protection required
All development and redevelopment shall be designed to minimize the adverse impacts on water quality
- Wetlands permits required
all wetlands permits required by federal, state and local laws and regulations shall be obtained
- WQIA contents
The following elements shall be included in a water quality assessment
- Water quality impact assessment required
A water quality impact assessment shall be required for any land disturbance within a resource protection area
Setback
- No structure within 100-foot buffer100 ft
no structure shall be located within the 100-foot buffer area except as otherwise provided in this article
From the ordinance
The Chesapeake Bay Preservation Area Overlay District shall apply to all lands identified as CBPAs as designated by the town council and as shown on the town zoning map.