ORDINANCE NO.  08-17(  )

 

AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE II, EROSION AND SEDIMENT CONTROL, AND ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY  B17-215A

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, Article I, General, Article II, Erosion and Sediment Control, and Article III, Stormwater management and water quality, are amended and reordained as follows:

 

By Amending:

 

Sec. 17-104       Definitions

Sec. 17-200       Applicability

Sec. 17-317       Duty to retain or establish stream buffer

Sec. 17-321       B17-321Types of development which may be allowed in stream buffer by program authority

 

Chapter 17.  Water Protection

 

Article I.  General

 

Sec. B17-10417-104  Definitions.

 

            The following definitions shall apply in the interpretation and implementation of this chapter:

 

            (32)  Perennial stream.  The term “perennial stream” means any stream that is depicted as a continuous blue line on the most recent United States Geological Survey 7.5 minute topographic quadrangle maps (scale 1:24,000) or which is determined by the program authority to be perennial following a site-specific evaluation using the guidance entitled “Determinations of Water Bodies with Perennial Flow,” dated September 2003, issued by the Chesapeake Bay Local Assistance Department.  This definition shall not apply to except for streams within a development area or area of infill and redevelopment that have been piped or converted legally and intentionally into stormwater conveyance channels such that the stream does not resemble or maintain the characteristics of a natural stream channel, as determined by the program authority.

 

B17-106AArticle II.  Erosion and Sediment Control

 

Sec. B17-20017-200  Applicability.

 

            This article shall apply to any land disturbing activity as provided herein:

 

            A.        Except as provided in paragraph (B), each owner shall comply with the requirements of this article:

 

                        1.         prior to engaging in any land disturbing activity, or allowing any land disturbing activity to occur, on his property;

 

                        2.         at all times during such land disturbing activity until it is completed, including all times when the land disturbing activity is performed by a contractor engaged in construction work; 

 

                        3.         when notified by the program authority that an erosion impact area exists on his land, and the notice requires the owner to submit an erosion and sediment control plan in order to control erosion and sedimentation; and

 

                        4.         for the prior construction of an agricultural road, when the owner submits a preliminary or final plat, preliminary or final site plan, an application for a zoning map amendment to a non-agricultural zoning district, or an application for a special use permit for a use or activity not directly related to agriculture for the lot on which the agricultural road is located or serves, if both: (i) the plat, plan or application was submitted within twenty-four (24) months after construction of the agricultural road began; and (ii) the program authority determines that the dimensions and alignment of the agricultural road substantially correspond to the dimensions and alignment of a road proposed on the plat, plan or any document submitted as part of an application.

 

            B.         This article shall not apply to the following activities:

 

                        1.         individual home gardens, landscaping, repair and maintenance work;

 

                        2.         individual service connections;

 

                        3.         installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk; provided that the land disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced;

 

                        4.         septic tank lines or drainage fields, unless included in an overall plan for land disturbing activity relating to construction of the building to be served by the septic tank system;

 

                        5.         surface or deep mining;

 

                        6.         exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas;

 

                        7.         tilling, planting or harvesting of agricultural, horticultural or forest crops, livestock feed operations or products, or related engineering operations including, but not limited to, construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.  This exception shall not apply to: (i) the harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Virginia Code §§ 10.1-1100 et seq. or is converted to bona fide agricultural or improved pasture uses as described in Virginia Code § 10.1-1163(B), in which case such person shall comply with the provisions of this article when grading, excavating, or filling; (ii) a land disturbing activity related to the construction of farm structures, including but not limited to agricultural structures or roads not associated with tilling, planting and harvesting; and (iii) the construction of roads other than agricultural roads;

 

                        8.         the construction of agricultural roads, except as provided in paragraph (A)(4);

 

                        9.         repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;

 

                        10.        installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; and

 

                        11.        emergency work to protect life, limb or property, and emergency repairs; provided that if the land disturbing activity would have required an approved erosion and sediment control plan if the activity was not an emergency, the land area shall be shaped and stabilized in accordance with the requirements of the program authority. 

 

            C.         Any activity that is otherwise exempt from this article under paragraph (B) shall become subject to this article if the program administrator determines that an erosion impact area exists on the subject property as provided in section 17-202.

 

(§ 7-3, 6-18-75, § 5, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 19.3-8, 2-11-98; Code 1988, §§ 7-3, 19.3-8; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 10.1-560, 10.1-562, 10.1-563.E17-200

 

B17-215AArticle III.  Stormwater management and water quality

 

B17-317Sec. 17-317 Duty to retain or establish stream buffer.

 

            Except as provided in section 17-319, any land subject to this article and each stormwater management/BMP plan shall provide for stream buffers for the purposes of retarding runoff, preventing erosion, filtering nonpoint source pollution from runoff, moderating stream temperature, and providing for the ecological integrity of stream corridors and networks, as provided herein:

           

A.        If the development is located within a development area or an area of infill and redevelopment, stream buffers shall be retained if present and established where they do not exist on any lands subject to this article containing perennial streams, and/or nontidal wetlands contiguous to these streams.  The stream buffer shall be no less than one hundred (100) feet wide on each side of such perennial streams and contiguous nontidal wetlands, measured horizontally from the edge of the nontidal wetlands, or the top of the stream bank if no wetlands exist.

 

            B.         If the development is located within a water supply protection area or other rural land, stream buffers shall be retained if present and established where they do not exist on any lands subject to this article containing perennial or intermittent streams, nontidal wetlands contiguous to these streams, and flood plains.  The stream buffer shall extend to whichever of the following is wider: (i) one hundred (100) feet on each side of perennial or intermittent streams and contiguous nontidal wetlands, measured horizontally from the edge of the nontidal wetlands, or the top of the stream bank if no wetlands exist; or (ii) the limits of the flood plain.  The stream buffer shall be no less than two hundred (200) horizontal feet wide from the flood plain of any public water supply impoundment.

 

            C.         If the development is located within other rural land, stream buffers shall be retained if present and established where they do not exist on any lands subject to this article containing perennial streams, nontidal wetlands contiguous to these streams, and flood plains associated with these streams.  The stream buffer shall extend to whichever of the following is wider: (i) one hundred (100) feet on each side of perennial streams and contiguous nontidal wetlands, measured horizontally from the edge of the nontidal wetlands, or the top of the stream bank if no wetlands exist; or (ii) the limits of the flood plain.

 

            DC.      On agricultural lands used for crop land, whether located in a development area, an area of infill and redevelopment, a water supply protection area or other rural land, the stream buffer shall include all perennial streams, non-tidal wetlands contiguous with these streams, and a twenty-five (25) foot buffer, measured horizontally from the edge of contiguous non-tidal wetlands, or the top of the stream bank if no wetlands exist.  On these lands, the stream buffer shall be managed to prevent concentrated flows of surface water from breaching the buffer area.  Each owner of crop land with a stream buffer shall have developed by the Thomas Jefferson Soil and Water Conservation District a soil and water conservation plan, or a component thereof, which, shall be based on an assessment of existing conservation practices of the crop land. 

 

            ED.      Each stream buffer shall be maintained and incorporated into the design of the land development to the fullest extent possible.

 

            FE.       Except for the activities pertaining to the management of a stream buffer identified in section 17-318, the types of development authorized in a stream buffer identified in section 17-320, and the additional types of development which may be allowed in a stream buffer identified in section 17-321, no indigenous vegetation within the stream buffer shall be disturbed or removed, regardless of the size of the area affected.

 

(§ 19.3-41, 2-11-98; § 19.2-8, 6-19-91; Code 1988, §§ 19.2-8, 19.3-41; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 10.1-2108.E17-317

 

Sec. B17-32117-321 Types of development which may be allowed in stream buffer by program authority.

 

            Development in a stream buffer may be authorized by the program authority in the circumstances described below, provided that a mitigation plan is submitted to, and approved, by the program authority pursuant to section 17-322: 

 

            1.         on a lot which was of record prior to the date of adoption of this chapter and which is within a development area but is not within a water supply protection area or other rural land: within the fifty (50) horizontal feet of stream buffer that is the most landward (furthest from the stream);

 

            21.        on a lot which is located within a development area or area of infill and redevelopment but is not within a water supply protection area: within the fifty (50) horizontal feet of stream buffer that is the most landward (furthest from the stream);

 

            32.        on a lot which: (a) is located within a water supply protection area ; or (b) was of record on or after the date of adoption of this chapter and is located within or other rural land: within the fifty (50) horizontal feet of stream buffer that is the most landward, but only for stormwater conveyance channels or other necessary infrastructure, and only if such development is determined by the program authority to be necessary to allow a reasonable use of the lot.  In all cases under this paragraph, the building site and the sewage disposal system shall be located outside of the stream buffer;

 

            43.        on a lot on which the development in the stream buffer will consist of a lake, pond, or ecological/wetland restoration project;

 

            54.        on a lot on which the development in the stream buffer will consist of the construction and maintenance of a driveway or roadway, and the program authority determines that the stream buffer would prohibit reasonable access to a portion of the lot which is necessary for the owner to have a reasonable use of the lot;

 

            65.        on a lot which was of record prior to the date of adoption of this chapter, on which the development in the stream buffer will consist of the construction, installation and maintenance of water and sewer facilities or sewage disposal systems, and the program authority determines that the stream buffer would prohibit the practicable development of such facilities or systems.  Any such sewage disposal system must comply with all applicable state laws; and

 

            76.        on a lot which was of record prior to the date of adoption of this chapter, if the stream buffer would result in the loss of a building site, and there are no other available building sites outside the stream buffer on the lot, or to allow redevelopment as permitted in the underlying zoning district.

 

(§ 19.3-45, 2-11-98; § 19.2-8, 6-19-91, § 8; Code 1988, §§ 19.2-8, 19.3-45; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 10.1-2108.E17-321

 

This ordinance shall be effective on and after February 6, 2008 provided, however, that any subdivision plat, site plan or application for a building permit submitted on or before February 5, 2008, and approved on or before June 6, 2008, may be approved under the applicable regulations in effect on February 5, 2008.

 

 

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