Suffolk, Virginia · General provision

Section 31-415

EnvironmentalAll Suffolk districts0

Dimensional standards

Servicing

Applies near: Chesapeake Bay
Geographic extent: Chesapeake Bay Preservation Area Overlay District, including Resource Protection Areas (RPA), Resource Management Areas (RMA), and Intensely Developed Areas (IDA).

Uses

Permitted by right9

water-dependent facility
redevelopment
development or redevelopment within a designated intensely developed area
road or driveway crossing satisfying the conditions set forth in this Section
flood control or stormwater management facility satisfying the conditions set forth in this Section
fences that meet the minimum requirements of this section
water wells
passive recreation facilities such as boardwalks, trails, and pathways
historic preservation and archaeological activities

Prohibited1

nonwater-dependent component located inside Resource Protection Areas

Extracted standards

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

Other

Agricultural compliance timeline18 months
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.
Appeal decision timeline60 days
decide the same within 60 days
Appeal filing timeline30 days
An appeal must be filed within 30 days from the time a decision is rendered by the Planning Commission
Buffer agricultural management
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.
Buffer encroachment mitigation ratio1 ratio
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
Buffer encroachment seaward limit50 ft
The encroachment may not extend into the seaward 50 feet of the buffer area.
IDA buffer vegetation requirement
Development within Intensely Developed Areas shall maintain, to the maximum extent possible, a natural vegetated buffer adjacent to 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.
Buffer nutrient reduction40 pct
The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients.
Buffer reestablishment requirement
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.
Buffer sediment reduction75 pct
The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients.
Buffer vegetation management
In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions are maintained or established.
Buffer width100 ft
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.
Certificate of occupancy requirement
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.
Construction access points1 count
Ingress and egress during construction shall be limited to one access point unless otherwise approved by the Planning Director.
Dead vegetation removal allowed
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.
Environmental site assessment required
An environmental site assessment consistent with Appendix B, Section B-13.
Path erosion control
Any path shall be constructed and surfaced so as to effectively control erosion.
Shoreline erosion control
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.
Erosion control threshold2,500 sqft
Any land disturbance exceeding an area of 2,500 square feet complies with all erosion and sedimentation control requirements of the City of Suffolk.
Erosion and sediment control plan required
A soil erosion and sedimentation control plan consistent with Section 31-610.
Fence design requirement
Fences should be designed so that they do not inhibit or alter surface flow. Water must be able to flow under and through the fence unimpeded.
Fence disturbance mitigation
Any disturbance associated with the installation of the fence shall be mitigated. A Minor Water Quality Impact Assessment shall be submitted in accordance with the requirements outlined in Appendix B-13(b) of this Ordinance.
Fence location requirement
Fences should be located to avoid the removal of the vegetation.
IDA vegetation requirement
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.
Impervious cover minimization
Land development shall minimize impervious cover consistent with the use or development permitted.
Redevelopment impervious cover limitation
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
Indigenous vegetation preservation
Indigenous vegetation shall be preserved to the maximum extent possible consistent with the use and development permitted.
Land disturbance construction footprint
the limits of land disturbance, including clearing or grading, shall be strictly defined by the construction footprint.
Land disturbance limitation
Land disturbance shall be limited to the area necessary to provide for the desired use or development.
Planting standard
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.
Stormwater management plan required
A stormwater management plan consistent with Appendix B, Section B-12.
Surety for early occupancy
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.
Surety refund timeline60 days
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.
Utility disturbance limitation
No more land will be disturbed than is necessary to provide for the proposed utility installation.
Utility location requirement
To the degree possible, the location of such utilities and facilities should be outside Resource Protection Areas.
Vegetation removal conditions
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
Major water quality impact assessment required
A water quality assessment shall be prepared in accordance with Appendix B, Section B-13 for any proposed development within the RPA
Minor water quality impact assessment required
A Minor Water Quality Impact Assessment shall be submitted in accordance with the requirements outlined in Appendix B-13(b) of this Ordinance.
Water quality impact assessment required
A water quality impact assessment in accordance with Appendix B shall be required for any proposed land disturbance.

From the ordinance

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.
Section 31-415

Use details

{
  "dropped_conditions": {
    "permitted_uses": [
      "new use established pursuant to this Section"
    ]
  }
}