ORDINANCE NO.  08-17(  )

 

AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALEMARLE, VIRGINIA, BY AMENDING 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 III, Stormwater management and water quality, are amended and reordained as follows:

 

By Amending:

 

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

Sec. 17-322       Mitigation plans

 

Chapter 17.  Water Protection

 

Article III.  Stormwater Management and Water Quality

 

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 is located within a development area 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);

 

            2.         on a lot which is located within a water supply protection area 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;

 

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

 

            4.         on a lot on which the development in the stream buffer will consist of the construction and maintenance of a driveway, road or street 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 necessary for the lot to be used and developed as permitted in the underlying zoning district and the subdivision ordinance;

 

            5.         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

 

            6.         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; Ord. 08-17(1), 2-6-08)

 

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

 

Sec. B17-32217-322 Mitigation plan if development allowed in stream buffer.

 

            Each owner who seeks to develop in a stream buffer pursuant to section 17-321 shall submit to the program authority for review and approval a mitigation plan as provided herein:

 

            A.         The owner shall submit a mitigation plan that satisfies the applicable requirements of this section, the fee required by section 17-310, and a certification stating that all requirements of the approved plan will be complied with.  If the mitigation plan pertains to a driveway, road or street encroaching into or crossing a stream buffer, it shall be submitted with and reviewed by the program authority in coordination with the preliminary site plan or preliminary subdivision plat, if such a plan or plat is submitted or, if not, in coordination with the final site plan or subdivision plat. 

 

            B.         The mitigation plan shall be reviewed by the program authority to determine whether it complies with the requirements of this section and all other requirements of this article.  The program authority shall approve or disapprove a mitigation plan within thirty (30) days that a complete plan was accepted for review.  The decision shall be in writing and shall be communicated to the owner.  If the plan is disapproved, the reasons for such disapproval shall be stated in the decision.

 

            C.         Each mitigation plan shall: 

 

                        1.         identify the impacts of proposed development on water quality and lands within the stream buffer;

 

                        2.         ensure that, where development does takes place within a stream buffer,: (i) it will the proposed development shall be located on those portions of a site and in a manner that will be least disruptive to the natural functions of the stream buffer; (ii) no more land shall be disturbed than is necessary to provide for the proposed development; (iii) indigenous vegetation shall be preserved to the maximum extent practicable, consistent with the proposed development; and (iv) the impervious cover shall be minimized consistent with the proposed development;

 

                        3.         demonstrate and assure that development will be conducted using best management practices; where best management practices require regular or periodic maintenance in order to continue their functions, the program authority may require that the owner enter into a maintenance agreement or some other instrument that assures ongoing maintenance;

                        4.         specify mitigation which will address water quality and stream buffer impacts; and

 

                        5.         contain all other information requested by the program authority.   

 

            D.         Each mitigation plan shall be evaluated by the program authority based on the following criteria:

 

                        1.         whether all reasonable alternatives to development in the stream buffer have been explored and exhausted;

 

                        2.         whether the development in the stream buffer is the minimum necessary and is conducted in a manner that will be least disruptive to the natural functions of the stream buffer; and

 

                        3.         whether best management practices will effectively mitigate adverse impacts from the encroachment on the stream buffer and its natural functions.;

 

                        4.         whether the design and construction of the development will satisfy the criteria in subsections (C)(2) and (C)(3); and

5.         for driveways, roads and streets, whether their alignment and design are optimized, consistent with all other applicable requirements, to minimize encroachment in the stream buffer and adverse effects on water quality; in order to assure that encroachment into or across the stream buffer is minimized, the program authority may limit the number of driveways, roads or streets encroaching or crossing the stream buffer to serve the lot and all lots created from the lot existing on March 12, 2008.

 

( 19.3-46, 2-11-98; 19.2-8, 6-19-91, 8; 19.1-13, 6-19-91, 13; Code 1988, 19.1-13, 19.2-8, 19.3-46; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code 10.1-2108.

 

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