ORDINANCE NO.  08-17(  )

 

AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, 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, is amended and reordained as follows:

 

By Amending:

 

Sec. 17-320       Types of development authorized in stream buffer

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. B17-32017-320 Types of development authorized in stream buffer.

 

            If otherwise authorized by the applicable regulations of the zoning ordinance, the following types of development shall be allowed in a stream buffer, provided that the requirements of this section are satisfied:

 

            A.        A building or structure which existed on the date of adoption of this chapter may continue at such location.  However, nothing in this section authorizes the continuance, repair, replacement, expansion or enlargement of such building or structure except as provided in sections 6.0 and 30.3 of the zoning ordinance. 

 

            B.         On-site or regional stormwater management facilities and temporary erosion and sediment control measures, provided that:

 

                        1.         To the extent practical, as determined by the program authority, the location of such facilities shall be outside of the stream buffer;

 

                        2.         No more land shall be disturbed than is necessary to provide for construction and maintenance of the facility, as determined by the program authority;

 

                        3.         The facilities are designed and constructed so as to minimize impacts to the functional value of the stream buffer and to protect water quality; and

 

                        4.         Facilities located within a flood plain adhere to flood plain regulations of the county and are designed and located, to the extent practical, to maintain their water quantity and/or water quality control value, according the standards of this article, during flood conditions.

 

            C.         Water-dependent facilities; water wells; passive recreation access, such as pedestrian trails and bicycle paths; historic preservation; archaeological activities; provided that all applicable federal, state and local permits are obtained.

 

D.        Stream crossings of perennial and intermittent streams for roads, streets or driveways, provided the following requirements are addressed to the satisfaction of the program authority:

 

1.         Bridges and culverts shall satisfy the following:

 

            a.         For crossings of perennial streams, bridges, arch culverts, or box culverts shall be used for the stream crossing and sized to pass the ten (10) year storm without backing water onto upstream properties.  Bridges or culverts shall either leave the stream section, consisting of the stream bed and the stream bank, undisturbed or shall allow the stream to return to a natural stabilized cross-section upon completion of installation.  The lowest interior elevation of the culvert (the culvert invert) shall be a minimum of six (6) inches below the stream bed.  Culvert walls and bridge columns should be located outside the stream banks wherever possible; 

 

b.         For crossings of intermittent streams, bridges or culverts shall be used for the stream crossing and sized to pass the ten (10) year storm without backing water onto upstream properties;  

 

2.         Stream stabilization and energy dissipation measures below each bridge or culvert shall  satisfy the standards for stream bank stabilization and outlet control provided in the county’s design standards manual;

 

3.         The stream buffer disturbance shall be the minimum necessary for the lot(s) to be used and developed as permitted in the underlying zoning district and under the applicable regulations of the subdivision ordinance.  Stream crossings shall not disturb more than thirty (30) linear feet of stream for driveways and sixty (60) linear feet for roads or streets, provided that the program authority may allow additional length of stream disturbance where fill slopes or special conditions necessitate additional length;

 

4.         The stream bed and stream banks shall be stabilized within seven (7) days from the start of backfilling for the bridge or culvert;

 

5.         For stream crossings where any portion of the pre-construction stream buffer is not fully vegetated as determined by the program authority, and for any portion of a vegetated stream buffer that is disturbed during the installation of the stream crossing, buffer vegetation shall be established and maintained within the stream buffer but outside of the stream crossing at a ratio of two (2) square feet of stream buffer restored for every one (1) square foot of stream buffer that was either not fully vegetated or is disturbed during the installation of the stream crossing.  Buffer vegetation shall be established and maintained at the 2:1 ratio to the extent that the stream buffer is fully vegetated outside of the stream crossing, provided that the owner shall not be required to establish vegetation outside of the stream buffer in order to satisfy the 2:1 ratio. The program authority may require that the owner enter into an agreement providing for the ongoing maintenance of the plantings in the stream buffer, and may require a bond with surety or other acceptable instrument, which agreement and bond with surety or other acceptable instrument shall be of a substance and in a form approved by the program authority and the county attorney.  Stream buffer plantings shall be consistent with guidance supplied by the program authority;

 

6.         In order to assure that the encroachment into or across the stream buffer is minimized, on and after May 7, 2008, it shall be presumed that one stream crossing is adequate to serve the owner’s lot(s) existing on that date and all lots created therefrom on and after that date.  The program authority shall allow only one stream crossing to serve all lots, provided that it may allow additional crossings under section 17-321(4);

 

7.         The owner shall provide the program authority with copies of approved federal and state permits associated with the stream crossing, if applicable.

 

(§ 19.3-44, 2-11-98; § 19.2-7, 6-19-91, § 7; § 19.2-8, 6-19-91, § 8; Code 1988, §§ 19.2-7, 19.2-8, 19.3-44; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 10.1-2108.E17-320

 

 

 

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 road, street or driveway or roadway, that would not satisfy the requirements of section 17-320(D) 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 under the applicable regulations of the subdivision ordinance, or to establish more than one stream crossing.

 

            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 road, street or driveway 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 final subdivision plat, or building permit. 

 

            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 allow a development that is permitted in the underlying zoning district under the applicable regulations of the subdivision ordinance; (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 an agreement providing for the ongoing maintenance of the plantings in the stream buffer, and may require a bond with surety or other acceptable instrument, which agreement and bond with surety or other acceptable instrument shall be of a substance and in a form approved by the program authority and the county attorney;

 

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

 

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

 

6.         where an owner seeks to establish more than one stream crossing as provided in section 17-320(D)(6), demonstrate that the environmental impacts from the entire road, street or driveway necessitated by a single stream crossing would be greater than the environmental impacts caused by an additional crossing and its associated road, street or driveway.  For the purposes of this subsection, the environmental impacts considered by the program authority include, but are not limited to, impacts to soil, soil erosion, stormwater quantity, water quality, loss of vegetated stream buffer, impacts to stream beds and stream banks, the creation of impervious surfaces, and the disturbance of slopes of twenty-five (25) percent or greater. 

 

            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 17-322(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.    

 

(§ 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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