zoneoptics
West Point, Virginia · District

CB-1

Chesapeake Bay Preservation Area Overlay District
OverlayEnvironmentalAll West Point districts0

Dimensional standards

Servicing

Applies near
Chesapeake Bay
Geographic extent
All lands identified as CBPAs as shown on the Chesapeake Bay Preservation Area Map

Uses

Permitted by right5

  • The encroachment may not extend into the seaward 50 feet of the buffer area. Any encroachment into the seaward 50 feet o
  • Redevelopment within IDAs in the buffer area may not be required to reestablish vegetation.
  • Agricultural activities may encroach into the landward 50 feet of the 100-foot wide buffer area when at least one agricu
  • Agricultural activities may encroach within the landward 75 feet of the 100-foot wide buffer area when agricultural best
  • The buffer area is not required to be designated adjacent to agricultural drainage ditches if the adjacent agricultural

Extracted standards

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

Environmental

Other

  • AgriculturalAgricultureRaising crops or livestock, generally including the structures that serve them. buffer encroachment allowed under conditions

    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 being implemented (Sec. 70-257(b)(4)d.1)

  • Appeals to board of zoning appeals

    In the event any applicant, landowner or other aggrieved parties shall take exception to the actions of the zoning administrator under the provisions of this article, said aggrieved parties shall have the absolute right to appeal (Sec. 70-263)

  • Average imperviousImpervious coverageThe share of a lot covered by anything water cannot soak through — roofs, drives, patios. cover in Mattaponi River Watershed34 pct

    average impervious land cover shall be defined as 34 percent in the Mattaponi River Watershed (Sec. 70-257(a)(7)a.1)

  • Average imperviousImpervious coverageThe share of a lot covered by anything water cannot soak through — roofs, drives, patios. cover in Pamunkey River Watershed45 pct

    and 45 percent in the Pamunkey River Watershed (Sec. 70-257(a)(7)a.1)

  • Bonding requirements for landscaping and stormwater facilities

    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 Town of West Point a form of surety (Sec. 70-259(6)b)

  • Buffer maintenance required

    The buffer area shall be maintained to meet the following additional performance standards (Sec. 70-257(b)(4))

  • Buffer restoration required upon land use change

    Where land uses such as agriculture or silviculture within the area of the buffer cease and the lands are proposed to be converted to other uses, the full 100-foot buffer area shall be restored. (Sec. 70-257(b)(4)e)

  • Buffer width100 ft

    a 100-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering non-point-source pollution from runoff shall be retained if present and established where it does not exist. (Sec. 70-257(b)(1))

  • Buffer width not reduced

    the 100-foot wide buffer is not reduced in width. (Sec. 70-257(b)(3))

  • Erosion and sediment control required for >2,500 sq ftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000. disturbance

    any land disturbing activity exceeding 2,500 square feet ... shall comply with the requirements of the Town of West Point Erosion and Sedimentation Control Ordinance (Sec. 70-257(a)(4))

  • Final plan requirements for CBPAs

    Final plans for property within CBPAs shall include the delineation of the resource protection area boundary, required buffer areas, etc. (Sec. 70-259(6))

  • Pollution load reduction for intensely developed areas10 pct

    For sites within IDAs or other isolated redevelopment sites, the non-point-source pollution load shall be reduced by at least ten percent. (Sec. 70-257(a)(7)a.2)

  • Redevelopment in IDA buffer may not require reestablishing vegetation

    Redevelopment within IDAs in the buffer area may not be required to reestablish vegetation. (Sec. 70-257(b)(4)c)

  • Land disturbance limited to necessary area

    Land disturbance shall be limited to the area necessary to provide for the proposed use or development. (Sec. 70-257(a)(1))

  • Land disturbance threshold2,500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.

    All development and redevelopment exceeding 2,500 square feet of land disturbance in a Chesapeake Bay Preservation Area shall be subject to a plan of development process (Sec. 70-254(a))

  • Landscaping plan required

    No clearing or grading of any lot or parcel shall be permitted without an approved landscaping plan. (Sec. 70-259(3))

  • Maximize natural pervious cover

    Land development shall maximize natural pervious cover to promote infiltration of stormwater (Sec. 70-257(a)(3))

  • Minimum replacement tree heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first.3.5 ft

    Replacement trees shall be a minimum of 3½ feet in height at the time of planting. (Sec. 70-259(3)b.3)

  • No encroachment into seaward 50 feet of buffer without exception

    The encroachment may not extend into the seaward 50 feet of the buffer area. (Sec. 70-257(b)(4)b.3)

  • 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. (Sec. 70-257(b)(3))

  • Penalties for violations

    Any person who fails to comply with any of the requirements or provisions of this article shall be guilty of a misdemeanor of the first class (Sec. 70-265)

  • 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 within the CB-1 District shall be accomplished through a plan of development process (Sec. 70-259)

  • Post-development nonpoint source pollution load not exceed pre-development

    the post-development nonpoint source pollution runoff load shall not exceed the pre-development load (Sec. 70-257(a)(7)a)

  • Protective barrier distance from dripline5 ft

    suitable protective barriers, such as safety fencing, shall be erected five feet outside of the dripline of any tree or stand of trees to be preserved (Sec. 70-257(a)(2)c)

  • 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 (Sec. 70-257(a)(6))

  • 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. (Sec. 70-257(b)(3))

  • Sewage disposal pumping frequency5 years

    All on-site sewage disposal systems not requiring a Virginia Pollutant Discharge and Elimination System (VPDES) permit shall be pumped out at least once every five years. (Sec. 70-257(a)(5))

  • Soil and water quality assessment for agriculturalAgricultureRaising crops or livestock, generally including the structures that serve them. activities

    Land upon which agricultural activities are being conducted shall have a soil and water quality assessment conducted. (Sec. 70-257(a)(9))

  • Stormwater best management practices required

    stormwater runoff shall be controlled by the use of best management practices (Sec. 70-257(a)(7))

  • Stormwater management plan required

    A stormwater management plan shall be submitted as part of the plan of development process (Sec. 70-259(4))

  • Tree replacement ratio3 ratio

    replacement of existing trees and other vegetation will be achieved at a ratio of three planted trees to one removed. (Sec. 70-259(3)b.3)

Use

From the ordinance

The CB-1 Chesapeake Bay Preservation Area Overlay District is enacted to implement the requirements of Code of Virginia, § 10.1-2100 et seq.
Sec. 70-249 et seq.

Use details

{
  "dropped_conditions": {
    "permitted_uses": [
      "In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only as permitted by ",
      "Trees may be pruned or removed as necessary to provide for sight lines and vistas",
      "Any path shall be constructed and surfaced so as to effectively control erosion.",
      "Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu, and multiflora rose) may be",
      "For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed",
      "When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior ",
      "Encroachments into the buffer areas shall be the minimum necessary to achieve a reasonable buildable area for a principa",
      "Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encr",
      "On agricultural lands, the agricultural buffer area shall be managed to prevent concentrated flows of surface water from",
      "Where land uses such as agriculture or silviculture within the area of the buffer cease and the lands are proposed to be"
    ]
  }
}