Sec. 3-1402, 3-1403, 3-1404, 3-1405

The landscape plan shall be drawn to scale and clearly delineate the location, size, and description of existing and proposed plant material...

No clearing or grading of any lot or parcel shall be permitted without an approved landscape plan.

All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy...

All supplementary or replacement plant materials shall be living and in healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard For Nursery Stock...

Replacement trees shall be a minimum two and one-half inches caliper measured six inches above the ground at the time of planting.

All existing trees on the site two inches or, greater in diameter at breast height (DBH) shall be shown on the plan...

Where areas to be preserved, as designated on an approved landscape plan, are encroached, replacement of existing trees and other vegetation will be achieved at a ratio of two planted trees to one removed.

The applicant shall be responsible for the maintenance, repair, and replacement of all vegetation as may be required by the provisions of these provisions.

The findings and recommendations of such assessments and any resulting soil and water quality conservation plans will be submitted to the local Soil and Water Conservation District Board, which will be the plan-approving authority.

A higher priority shall be placed on conducting assessments of agricultural fields and tracts adjacent to Resource Protection Areas.

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 may be taken to prevent noxious weeds...

If specific problems are identified pertaining to agricultural activities that are causing pollution of the nearby water body with perennial flow or violate performance standards pertaining to the vegetated buffer area, the local government, in cooperation with soil and water conservation district, shall recommend a compliance schedule to the landowner...

The local government shall require the landowner 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.

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 may be allowed in accordance with sound horticultural practices as permitted by the administrator.

The buffer area is not required to be designated adjacent to agricultural drainage ditches if at least one best management practice which, in the opinion of the local soil and water conservation district board, addresses the more predominant water quality issue, either erosion control or nutrient management is being implemented on the adjacent land.

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, the administrator may, through an administrative process, permit encroachments into the buffer area...

When the application of the RPA buffer would result in the loss of a buildable area on a lot or parcel legally recorded prior to October 1, 1989, the administrator may, through an administrative process, permit encroachments into the buffer area...

Encroachment into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities;

Where practicable a vegetated area that will maximize water quality protection mitigate the effects of the buffer encroachment, and is equal to the area encroaching within the buffer area shall be established elsewhere on the lot or parcel;

Any path shall be constructed and surfaced so as to effectively control erosion.

The RPA buffer shall be maintained in accordance with the following performance standards: a. In order to maintain the functional value of the buffer area, indigenous vegetation may be removed, subject to approval by the administrator, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices...

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.

Trees may be pruned only as necessary provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff.

In order to maintain the functional value of the buffer area, indigenous vegetation may be removed, subject to approval by the administrator, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices...

To minimize the adverse effects of human activities on the other components of resource protection areas, state waters, and aquatic life, a 100-foot wide buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist.

Notwithstanding permitted uses, encroachments, and vegetation clearing as set forth in this section, the 100-foot buffer is not reduced in width.

Building shall be prohibited on the area of all sewage disposal sites until the structure is served by public sewer or an on-site sewage treatment system which operates under a permit issued by the State Water Control Board.

Any Chesapeake Bay Preservation Act land disturbing activity as defined in Code of Virginia, § 62.1-44.15:24 of the Code of Virginia shall comply with the requirements of 9VAC25-870-51 and 9VAC25-870-103.

Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan or plat are required, no certificate of occupancy shall be issued until the installation of required plant materials or facilities is completed, in accordance with the approved plan or plat.

The administrator, provided his justification for same is set out in writing, may require a certificate of substantial completion from a professional engineer or Class IIIB surveyor before making a final inspection.

The environmental site assessment shall be drawn at the same scale as the site plan or subdivision plan, and shall be certified as complete and accurate by an RPA delineator competent to make the inventory.

The environmental site assessment shall be drawn to scale on the submitted plan of development for one- and two-family dwellings, preliminary site plans and subdivision plats clearly delineating the following components: ...

An environmental site assessment prepared by an RPA delineator, as defined, shall be submitted in conjunction with a preliminary site plan or preliminary subdivision plat approval application.

An erosion and sediment control plan in accordance with the Erosion and Sediment Control Ordinance for Surry County.

For erosion and sediment control recommendations, the goal shall be, where feasible, to prevent erosion from exceeding the soil loss tolerance level, referred to as 'T,' as defined in the 'National Soil Survey Handbook'...

In rendering its decision, the board shall consider the water quality impact assessment and the findings and rationale of the planning commission and balance the hardship to the property owner with the purpose, intent, and objectives of these provisions.

If the planning commission cannot make the required findings or refuses to grant an exception, the applicant may appeal by submitting a written application for review to the board of zoning appeals ('board') in accordance with section 1-303 of this ordinance.

If the planning commission cannot make the required findings or refuses to grant an exception, the applicant may appeal by submitting a written application for review to the board of zoning appeals...

The exception request will be consistent with the purpose and intent of these provisions, and not injurious to the neighborhood or otherwise detrimental to the public welfare; and is not of substantial detriment to water quality;

The exception request is the minimum necessary to afford relief;

The exception request is not based upon conditions or circumstances that are self-created or self-imposed...

Granting the exception will not confer upon the applicant any special privileges that are denied by these provisions to other property owners in the CBPA;

Reasonable and appropriate conditions are imposed which will prevent the exception from causing a degradation of water quality.

Surry County shall notify the affected public of any exception requests to sections 3-1403.C, and 3-1403.D which shall be considered in a public hearing...

Surry County shall notify the affected public of any exception requests to sections 3-1403.C, and 3-1403.D which shall be considered in a public hearing in accordance with Code of Virginia, § 15.2-2204, except that only one hearing shall be required.

A request for an exception to the requirements of section 3-1403.C, and 3-1403.D of this ordinance shall be made in writing to the planning commission. It shall identify the impacts of the proposed exception on water quality and on lands within the RPA through the performance of a water quality impact assessment which complies with these provisions.

The planning commission shall review the request for an exception to sections 3-1403.C and 3-1403.D and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary...

A request for an exception to the requirements of section 1404 shall be made in writing to the administrator. The administrator may grant these exceptions provided that the findings noted in section 3-1409.C are made.

A request for an exception to the requirements of sections other than 3-1403.C, 3-1403.D, and 3-1404 shall be made in writing to the administrator. The administrator may grant these exceptions provided that: 1. Exceptions to the requirements are the minimum necessary to afford relief. 2. Reasonable and appropriate conditions are imposed which will prevent the exception from causing a degradation of water quality.

After all required actions of the approved plan or plat have been completed, the applicant must submit a written request for a final inspection.

Approval of final site plan submitted under the these provisions shall expire one year after the date of such approval unless building permits have been obtained for construction in accordance therewith.

The final site plan shall show the following: a. All of the features required on the preliminary site plan with sufficiently accurate dimensions, construction specifications and computations to support the issuance of construction permits. ...

A single one-year extension may be given upon written request by the applicant to the administrator within 90 days before the expiration of the approved site plan.

Flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed may be allowed in resource protection areas provided such facilities are allowed and constructed in accordance with the Virginia Stormwater Management Act...

All land development shall minimize impervious cover consistent with the use or development proposed.

Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the use or development proposed.

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

Lot size shall be subject to the requirements of the underlying zoning district(s), provided that any lot shall have sufficient area outside the resource protection area to accommodate an intended development...

A major water quality impact assessment shall be required for any development which (i) exceeds 5,000 square feet of land disturbance within CBPAs and proposes to encroach into the landward 50 feet of the 100-foot buffer area...

No more land shall be disturbed than is necessary to provide for the proposed use or development.

A minor water quality impact assessment pertains only to land disturbance, development or redevelopment activity within a CBPA which causes no more than 5,000 square feet of land disturbance...

This provision shall not apply to accessory structures.

This chapter shall not be construed to prevent the reconstruction of pre-existing structures within Chesapeake Bay Preservation Areas from occurring as a result of casualty loss...

An application for the expansion of a nonconforming principal structure may be approved by the administrator through an administrative review process provided that the following findings are made: 1. The request for the waiver is the minimum necessary to afford relief; ...

An application for the expansion of a nonconforming principal structure may be approved by the administrator through an administrative review process provided that the following findings are made: ...

Surry County may permit the continued use, but not necessarily the expansion, of any structure in existence on December 19, 1991.

There will be no net increase in nonpoint source pollutant load;

The administrator may grant a nonconforming use waiver for structures on legal nonconforming lots or parcels to provide for remodeling and alterations to such nonconforming structures provided that: 1. There will be no net increase in nonpoint source pollutant load; and 2. Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this part.

For nutrient management, whenever nutrient management plans are developed, the operator or landowner must provide soil test information, consistent with the Virginia Nutrient Management Training and Certification Regulations (4VAC50-85).

A water quality impact assessment must demonstrate through acceptable calculations that the remaining buffer area and necessary best management practices will result in removal of no less than ... 40 percent of nutrients from post-development stormwater runoff.

No permit shall be issued for any structure in any area covered by a site plan under these provisions except in conformity to such plan which has been duly approved.

The county, after written notice and a hearing if requested, for failure to comply with the approved plan, the conditions attached thereto, or other applicable regulations may revoke permits.

For pest chemical control, referrals shall be made to the local cooperative extension agent or an Integrated Pest Management Specialist of the Virginia Cooperative Extension Service.

Approval by the administrator of a preliminary site plan shall be valid for a period of one year.

The preliminary site plans shall be clearly drawn to scale as specified below and shall show the following: a. The proposed title of the project, owner or owners of the land, and name of the engineer, architect, designer, or landscape architect, and the developer. ...

The exemption of public roads is further conditioned on the following, (i) that the optimization of road alignment and design is consistent with other applicable requirements, to prevent or otherwise minimize (i) encroachment in the resource protection area and (ii) adverse effects on water quality.

Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures ... will be deemed to constitute compliance with this chapter.

Redevelopment shall be permitted only if there is no increase in the amount of impervious cover and no further encroachment within the RPA...

For new construction, provide a reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site.

Lots or parcels of record within the RMA may be exempt from the provisions of these provisions if they meet all the criteria listed below: 1. Do not possess a RMA feature. ...

An environmental site assessment as provided for in section 3-1405.B. or a submission of equal sufficiency and deemed acceptable by the administrator shall be submitted as evidence of the limits of the RMA.

Roads and driveways not exempt under 3-1407.A and which, therefore, must comply with the provisions of this section, may be constructed in or across RPAs if each of the following conditions is met: ...

In determining the site-specific RPA boundary, the administrator may render adjustments to the applicant's boundary delineation, in accordance with these provisions and the Subdivision Ordinance for Surry County.

In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief from the board of zoning appeals in accordance with section 1-303 to determine the boundary delineation.

The site-specific boundaries of the RPA shall be determined by the applicant through the performance of an environmental site assessment conducted by a qualified professional.

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

Agricultural activities may encroach within the landward 75 feet of the 100-foot wide buffer area when agricultural best management practices which address erosion control, nutrient management, and pest chemical control, are being implemented...

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

A buffer area not less than 100 feet in width located adjacent to and landward of the components listed in subsections A.1. through 4. above, and along both sides of any water body with perennial flow.

Development within the RPA is limited to water-dependent facilities, redevelopment, a new use established pursuant to 3-1403.5.b of this section, is a road or driveway crossing satisfying the conditions set forth in subdivision 4 of this section, or is a flood control or stormwater management facility satisfying the conditions set forth in subdivision 5 of this section.

A water quality impact assessment must demonstrate through acceptable calculations that the remaining buffer area and necessary best management practices will result in removal of no less than 75 percent of sediments...

If deemed appropriate by the health department and subject to conditions that the Surry County Health Department may set, Surry County may offer to the owners of such systems, as an alternative to the mandatory pump-out, the option of having a plastic filter installed and maintained in the outflow pipe from the septic tank...

in lieu of requiring proof of septic tank pump-out every five years, Surry County may allow owners of on-site sewage treatment systems to submit documentation every five years, certified by an operator or onsite soil evaluator...

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

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 subject to the issuance of all required permits.

Silvicultural activities in Chesapeake Bay Preservation Areas are exempt from this chapter provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry...

Silvicultural activities in Chesapeake Bay Preservation Areas are exempt from this chapter provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the fifth edition (March 2011) of 'Virginia's Forestry Best Management Practices for Water Quality Technical Manual.'

The procedure for amendment of approved site plans shall be the same as for a new application, except that minor amendments of an approved site plan may be approved by the administrator's initialing of the change on the plan.

Five copies of a preliminary site plan or plans shall be filed with the administrator.

site plans shall be prepared to a scale of one inch equals 50 feet, or such other scale as may be approved by the administrator as appropriate to a particular case.

Slopes in excess of 15 percent;

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...

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

The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities...

A stormwater management plan shall be submitted as part of the plan of development process required by the Virginia Stormwater Management Regulations...

At a minimum, the stormwater management plan shall contain the following: a. Location and design of stormwater control devices and BMPs. ...

This submittal is not required for individual one- and two-family homes located on lots one acre or greater in size if the impervious cover is 16 percent or less of the total site area.

All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety may be forfeited to the county.

All required stormwater management facilities or other specifications shall be installed and approved within 18 months of project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the county.

If the requirements of the approved plan have been completed to the satisfaction of the administrator, 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 request for final inspection.

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 Surry County a form of surety...

Topography of the project area with contour intervals of two feet or less, unless waived by the administrator...

Construction, installation and maintenance of water, sewer, natural gas and underground telecommunications and cable television lines owned, permitted, or both, by Surry County or regional service authority shall be exempt from the criteria in this part...

To the degree possible, the location of such utilities and facilities should be outside resource protection areas; No more land shall be disturbed than is necessary to provide for the proposed utility installation; All such construction, installation and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal permits...

A new or expanded water dependent facility may be allowed provided that the following criteria are met. a. It does not conflict with the comprehensive plan and complies with performance standards of these provisions of the zoning ordinance. ...

Exemptions from these requirements may be granted for the following land disturbances in RPAs: (i) water wells; (ii) passive recreation facilities such as boardwalks, trails, and pathways; and (iii) historic preservation and archaeological activities...

Exemptions from these requirements may be granted for the following land disturbances in RPAs: (i) water wells; (ii) passive recreation facilities such as boardwalks, trails, and pathways; and (iii) historic preservation and archaeological activities, provided that it is demonstrated to the satisfaction of the administrator that: ...

Wetlands delineations shall be performed consistent with the procedures specified in the most current Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

Prior to initiating grading or other on-site land disturbing activities on any portion of a lot or parcel, all wetlands permits required by federal, state and local laws and regulations shall be obtained...

The administrator shall require additional mitigation where potential impacts have not been adequately addressed.

The water quality impact assessment shall be certified as complete and accurate by a professional engineer or other individual with demonstrated competence satisfactory to the county.

Upon the completed review of a minor water quality impact assessment, the administrator will determine if any proposed modification or encroachment into the buffer area is consistent with the these provisions and make a finding based upon the following criteria: ...

The administrator shall find the proposal to be inconsistent with the purpose and intent of these provisions when the impacts created by the proposal cannot be mitigated.

The following elements shall be included in the preparation and submission of a major water quality impact assessment. a. All information required as part of a minor water quality impact assessment; ...

A minor assessment must demonstrate that the undisturbed buffer area, enhanced vegetative plantings and any required best management practices will result in the removal of no less than 75 percent of sediments and 40 percent of nutrients...

A water quality impact assessment is required for: a. Any proposed land disturbance, development or redevelopment within an RPA, including any buffer area encroachment.

A water quality impact assessment in accordance with 3-1405.F of this section shall be required for any proposed land disturbance.