City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 08-0003
AN ORDINANCE TO AMEND CHAPTER 17, OF
THE ZONING CODE OF THE CITY OF HAMPTON, VIRGINIA, ARTICLE X, SPI-CBPD:
CHESAPEAKE BAY PRESERVATION DISTRICT, SECTIONS 17.3-60 AND 17.3-64.
Article X. SPI-CBPD: Chesapeake
Bay Preservation District
(11/14/90; 5/12/04; 5/23/07)
I. In General.
Sec. 17.3-62. Definitions. (10/1/93; 5/12/04; 5/23/07)
For the purposes of this Article, the following terms
shall have these specific meanings:
means those lands used for the planting and harvesting of crops or plant growth
of any kind in the open; pasture; horticulture; dairying; floriculture; or raising
of poultry and/or livestock; but not to include home gardens or home landscaping.
"Buffer area" means an
area of natural or established vegetation managed to protect other components
of a Resource Protection Area and state waters from significant degradation due
to land disturbances and consists of the landward component of the
Resource Protection Area (RPA).
Buildable area means the portion of the lot remaining after
required yard setbacks, buffer areas, and BMP areas have been provided but in
no event shall the buildable area be less than 1,500 square feet for lots equal
to or greater than 6,000 square feet. For lots under 6,000 square feet, the
minimum buildable area shall be as determined by the zoning administrator.
"Chesapeake Bay Preservation
District" (SPI-CBPD) means any land so designated by the Hampton City Council, pursuant to Part III of the Chesapeake Bay Preservation Area Designation
and Management Regulations, 9 VAC 10-20-70 et seq., and Section 10.1- 2107 of the Code of Virginia, and pursuant to this Ordinance. A Chesapeake Bay Preservation
District shall consist of a Resource Protection Area and a Resource Management
Coastal Barrier Resources System
means an area comprised of undeveloped barrier islands and associated wetlands
as designated under the Coastal Barrier Resources Act, 16 U.S.C.A. 3505.
means the construction or substantial alteration of residential, commercial,
industrial, institutional, recreational, transportation, or utility facilities
Site Assessment means a physical survey of the site or parcel that is prepared
and certified as complete and accurate by licensed engineer or a certified land
surveyor and drawn at a scale of not less than one hundred (100) feet to the
inch on a print not greater than twenty four (24) inches by thirty six (36)
inches to clearly delineate with labels the physical limits of all components
of the SPI-CBPD on and adjacent to the development site and the geographic
extent and classification of all wetland areas on and contiguous to the site or
parcel. The geographic extent and classification of wetland areas shown shall
be the result of a recent physical survey, and in the case of non-tidal wetlands,
a field delineation that is consistent with the procedures specified in the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands, 1987 and subsequent
amendments or revisions that are adopted.
means any physical alteration of real property. Included in the term are clearing
vegetation, grading, utility installation, filling, excavation, or construction
of any structure.
Developed Area" (IDA) means a portion of the Chesapeake Bay Preservation District,
delineated within the Resource Protection Area and designated on the Chesapeake
Bay Preservation District Map.
source pollution" means pollution consisting of constituents such as sediment,
nutrients, and organic and toxic substances from diffuse sources, such as runoff
from agricultural and urban land development and uses.
11. "Non-tidal wetlands" means those wetlands
other than tidal wetlands that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions, as defined by the U.S. Environmental Protection
Agency and the Army Corps of Engineers, pursuant to enforcement of Section 404
of the Federal Clean Water Act in 33 CFR 328.3b.
12. "Plan of development" means the
process for site plan, subdivision plan, or construction plan review to ensure
compliance with this Article prior to any clearing or grading of a site or the
issuance of a building or zoning permit.
13. Public Road
means a publicly owned road designed and constructed in accordance with water
quality protection criteria at least as stringent as requirements applicable to
the Virginia Department of Transportation, including regulations promulgated
pursuant to: (i) the Erosion and Sediment Control Law ( 10.1-560 et seq. of
the Code of Virginia) and (ii) the Virginia Stormwater Management Act (
10.1-603.1 et seq. of the Code of Virginia). This definition includes those
roads where the Virginia Department of Transportation exercises direct
supervision over the design or construction activities, or both, and cases
where secondary roads are constructed or maintained, or both, by the City of Hampton in accordance with city standards.
means the process of developing land that is or has been previously developed.
Management Area" (RMA) means that component of the Chesapeake Bay Preservation
District that is not classified as the Resource Protection Area. The RMA is comprised
of land that is contiguous to the variable width buffer for a distance of one
hundred (100) feet in the landward direction.
Protection Area" (RPA) means that component of the Chesapeake Bay Preservation
District comprised of lands adjacent to water bodies with perennial flow that
have an intrinsic water quality value due to the ecological and biological
processes they perform or that are sensitive to impacts which may result in
significant degradation to the quality of state waters. Resource Protection
Non-tidal wetlands connected by
surface flow and contiguous to tidal wetlands or water bodies with perennial
Tidal shores; and,
A variable width buffer area not
less than one hundred (100) feet in width. The
variable width buffer area shall be located adjacent to and landward of the
components listed in (i) through (iii) above and along both sides of any water
body with perennial flow. The variable width buffer area shall also include
lands designated as part of the Coastal Barrier Resources System not otherwise
listed as a Resource Protection Area Feature where present. The buffer area shall be designated as the landward component
of the RPA notwithstanding the presence of permitted uses, encroachments, and
permitted vegetation clearing in compliance with this Article.
Protection Area (RPA) Feature means that portion of the RPA that is not in the
buffer area and includes tidal wetlands, non-tidal wetlands connected by
surface flow and contiguous to tidal wetlands or waterbodies with perennial
flow, and tidal shores.
18. "Review committee" means
that group of persons, established by Section 17.3-67 herein, which convenes to evaluate buffer encroachment
applications, hear requests for relief to the
Chesapeake Bay Preservation District regulations and to arbitrate SPI-CBPD
19. Silvicultural activities means
forest management activities, including but not limited to the harvesting of timber, the construction of roads
and trails for forest management purposes,
and the preparation of property for reforestation that are conducted in accordance with the silvicultural best management
practices developed and enforced by the
State Forester pursuant to Section 10.1-1105 of the Code of Virginia and are
located on property defined as real
estate devoted to forest use under Section 58.1-3230 of the Code of Virginia.
20. "Tidal shore" or
"shore" means land contiguous to a tidal body of water between the
mean low water level and the mean high water
21. "Tidal wetlands" means vegetated
land which lies between and contiguous to mean low water and an elevation above mean low water equal to
the factor of one and one-half (1- 1/2)
times the mean tide range, or non-vegetated land which lies contiguous to mean
low water and is between mean low water
and mean high water.
22. "Water-dependent facility" means
a development of land that cannot exist outside of the Resource Protection Area and must be located on the
shoreline by reason of the intrinsic nature
of its operation. These facilities include, but are not limited to: (i) ports;
(ii) the intake and outfall structures of
power plants, water treatment plants, sewage treatment plants, and storm sewers; (iii) marinas and other boat
docking structures; (iv) beaches and
other public water-oriented recreation areas; and (v) fisheries and similar
marine resources facilities.
Sec. 17.3-64. Regulations for Development and
Redevelopment. (10/1/93; 5/12/04; 5/23/07)
Permitted Uses include all uses
permitted in the underlying zone.
Restrictions on permitted uses:
General Performance Criteria for
Development and Redevelopment within Resource Management Areas, Resource
Protection Areas and Intensely Developed Areas:
Land disturbance shall be limited
to the area necessary to provide for the proposed use or development. In
accordance with an approved site plan, the limits of land disturbance,
including clearing or grading, shall be clearly shown on submitted plans and physically
marked on the development site.
Indigenous vegetation shall be
preserved to the maximum extent practicable, consistent with the proposed use
or development, and in accordance with the Virginia Erosion and Sediment
Existing healthy trees exhibiting
a minimum trunk diameter of six (6) inches, measured four and one-half (4-1/2)
feet from the ground, shall be preserved outside the limits of clearing.
Clearing shall be allowed only to
provide a building site, necessary parking, necessary access, positive site
drainage, water quality BMPs, and the installation of utilities, as approved by
the Zoning Administrator or the Director of Public Works, as appropriate.
Prior to clearing or grading,
suitable protection measures for undisturbed areas, as outlined in the Erosion
and Sediment Control, Site Plan and Subdivision Ordinances, shall be followed.
Land development shall minimize
impervious cover to promote infiltration of stormwater into the ground
consistent with the proposed use or development.
Grid and modular pavements which
promote infiltration are encouraged for any required parking area, alley, or
other low traffic driveway.
For nonresidential uses, the
number of parking spaces shall not exceed one hundred twenty percent (120%) of
the minimum required by Chapter 19 of this Ordinance, and their size shall not exceed
the minimum required by Chapter 19 of this Ordinance.
In the IDA, automobile parking lots shall be of pervious
surfaces, where feasible, and be designed, constructed, and maintained
consistent with the Virginia Stormwater Management Handbook minimum standard
3.10, Porous Pavement.
Notwithstanding any other
provisions of this Article or exceptions or exemptions thereto, any land
disturbing activity exceeding twenty five hundred (2,500) square feet,
including construction of all single-family houses, septic tanks, drainfields,
and accessory structures and improvements shall comply with the requirements of
Chapter 13.1 of the Hampton City Code (Erosion and Sediment Control).
All on-site sewage disposal
systems not requiring a Virginia Pollution Discharge Elimination System (VPDES)
permit shall be pumped out at least every five (5) years, in accordance with
Section 30-69 of the Hampton City Code (Maintenance and repair of on-site
sewage treatment systems).
A reserve sewage disposal site
with a capacity equal to or greater than that of the primary sewage disposal
site shall be provided, in accordance with Section 30-69 of the Hampton City
Code (Maintenance and repair of on-site sewage treatment systems). Any lot or
parcel recorded prior to October 1,1989 shall not be required to provide such
reserve disposal site if the size of such lot or parcel, as determined by the
Health Department, is not sufficient in capacity to accommodate a reserve
sewage disposal site. Construction of any impervious surface shall be
prohibited on the area of all sewage disposal sites or over an on-site sewage
treatment system which operates under a permit issued by the State Water
Control Board, until the property is served by public sewer and the site is no longer
needed for this purpose.
For any development or redevelopment,
stormwater management criteria consistent with the water quality protection
provisions (4 VAC 3-20-71 et seq.) of the Virginia Stormwater Management
Regulations (4 VAC 3- 20) shall be satisfied. Stormwater runoff shall be
controlled by the use of best management practices that achieve the following:
For new development, the
post-development non-point source pollution runoff load shall not exceed the
predevelopment load. Pre-development load shall be the average phosphorus
loading of Hampton's Chesapeake Bay Watershed, 0.85 pounds per acre per year,
based on an average impervious land cover of thirty-four percent (34%).
For sites within IDAs or other
redevelopment sites, the predevelopment non-point source pollution load shall
be reduced by at least ten percent (10%). The Director of Public Works may waive
or modify this requirement for sites that originally incorporated best
management practices for stormwater runoff quality control, provided the
following provisions are satisfied:
In no case may the
post-development non-point source pollution runoff load exceed the
Runoff pollution loads must have
been calculated and the best management practices selected for the expressed purpose
of controlling non-point source pollution; and
If best management practices are
structural, evidence shall be provided that facilities are currently in good
working order and performing at the design levels of service. The Director of
Public Works may require a review of both the original structural design and
maintenance plans to verify this provision. A new maintenance agreement may be required
to ensure compliance with this Article.
For redevelopment, both the pre-
and post-development loadings shall be calculated by the same procedures.
Pre-development loadings shall be calculated using existing land coverage. However,
where the design data is available, the original post development non-point
source pollution loadings can be substituted for the existing development
Maintenance of best management
practices that are implemented to control stormwater runoff pursuant to this
section shall be in accordance with the maintenance requirements and procedures
outlined in the manual of stormwater management practices described in Section
33.1- 10 of the Hampton City Code.
Prior to the issuance of a zoning,
building or land disturbing permit for any development or redevelopment located
within a Chesapeake Bay Preservation District where alteration or filling of
wetlands is proposed, the developer shall provide copies of all wetlands
permits that are required by local, state, and federal law. Issuance of a
zoning, building or land disturbing permit shall not absolve the developer from
obtaining all necessary federal, state and local permits.
Land upon which agricultural
activities are being conducted, including but not limited to crop production,
pasture, dairy and feedlot operations, or lands otherwise defined as
agricultural land by the City Assessor, shall have a soil and water quality
conservation assessment conducted that evaluates the effectiveness of existing
practices pertaining to soil erosion and sediment control, nutrient management
and management of pesticides, and where necessary, results in a plan that
outlines additional practices needed to ensure that water quality protection is
accomplished consistent with Section 10.1-2100 et seq. of the Code of Virginia,
1950, as amended and pursuant to the Chesapeake Bay Preservation Area Designation
and Management Regulations 9 VAC 10-20-10 et seq.
On parcels and lots designated as IDA, all proposed land uses,
development, and redevelopment shall be sited outside of the IDA to the
greatest extent possible. The following guidelines shall be used to review and
permit land use, development, and redevelopment within the IDA:
Main buildings and required impervious pavement surface improvements may
encroach into the IDA when a reasonable buildable area can not be provided
outside of the IDA and encroachment is the minimum relief necessary to enable a
reasonable buildable area. Required green areas shall be located to maximize
protection of the RPA and water quality.
Accessory structures, decks, and discretionary pavement surface
improvements may encroach into the IDA provided that:
The encroachment is the minimum necessary to afford relief while
adhering to required yard setbacks; and
Preference shall be given to previously disturbed areas, poor quality
green areas, or existing impervious area; and
Applicant shall demonstrate there is no feasible location outside of the
IDA while adhering to required yard setbacks.
No structure or impervious area, other than those exempt pursuant to
section 17.3-67 2 and section 17.3-67 3 shall be built within ten feet of an
A Structure Encroachment Permit as described in section 33.1-8.1. of the
Stormwater Management Ordinance is required for any structure or impervious
area in the IDA or RPA buffer area.
Other Restrictions Applicable to
the RPA (RPA Regulations):
In addition to satisfying the
General Performance Criteria set forth in part 2 a of this section, Development
within Resource Protection Areas may be allowed if it satisfies one of the
Is a new or expanding
water-dependent use that satisfies the following criteria:
It does not conflict with the
Any non-water dependent component
is located outside of the RPA; and,
Access to the water dependent
facility is provided with minimum disturbance to the site; and where
practicable, a single point of access is provided.
Constitutes development or
redevelopment within a designated Intensely Developed Area;
Is a permitted development,
activity or improvement established pursuant to Section 17.3-67 or Part 2b(iv)
of this section.
Redevelopment within RPAs and
outside of designated IDAs shall:
Not increase the amount of
impervious cover on the site;
Not result in further encroachment
within the RPA; and,
Comply with all provisions of
Chapter 13.1, (Erosion and Sediment Control) and Chapter 33.1 of the Hampton
Buffer Area Requirements for RPAs:
A minimum of a one hundred (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 in order to
minimize the adverse effects of human activities on the other components of the
RPAs, state waters, and aquatic life unless the site / parcel is a designated
Development and redevelopment
within IDAs shall retain and establish vegetation in the buffer area to the maximum
The buffer shall be located
adjacent to, landward of and along both sides of any tidal wetlands, any non-tidal
wetlands connected by surface flow and contiguous to tidal wetlands or water
bodies with perennial flow,
or any tidal shore, any water bodies with
perennial flow connected to tidal waters, and include any lands designated as
part of the Coastal Barrier Resources System, where present. The full buffer
area shall be designated as the landward component of the RPA. Notwithstanding
permitted uses, encroachments and vegetation clearing as set forth in this
ordinance, the width of the buffer area remains a minimum of one hundred (100)
A one hundred (100) foot buffer
shall be deemed to achieve a seventy five percent (75%) reduction of sediments
and a forty percent (40%) reduction of nutrients.
When agricultural or silvicultural
uses within the buffer area cease, and the lands are proposed to be converted
to other uses, the entire buffer area shall be reestablished. In reestablishing
the buffer, management measures shall be undertaken to provide woody vegetation
that assures the buffer functions are maintained or established.
On agricultural lands the buffer
area shall be managed to prevent concentrated flows of surface water from
breaching the buffer area and noxious weeds from invading the buffer area.
In order to maintain the
functional value of the buffer area, indigenous vegetation may be removed,
subject to approval of the Zoning Administrator, only to provide for reasonable
sight lines, access paths, general woodlot management, and best management
practices including those that prevent upland erosion and concentrated flows of
stormwater, as follows:
Trees may be pruned or removed as
necessary to provide for sight lines and vistas, provided that if removed, they
shall be replaced with other vegetation that is equally effective in retarding
runoff, preventing erosion, and filtering non-point source pollution from
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 removed and thinning of trees allowed as permitted by the Zoning
Administrator or his designee pursuant to sound horticultural practices.
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
and applicable permit conditions or requirements.
Establishing or Re-establishing
vegetation within the buffer area and/or within an IDA, when required, shall be in general accordance with
the most recent version of the Riparian Buffers Modification & Mitigation Guidance
Manual issued by the Chesapeake Bay Local Assistance Department.
Permitted encroachments into the
Agricultural activities may
encroach into the buffer area if one of the two following criteria is met:
Agricultural activities may
encroach into the landward fifty (50) feet of the one hundred (100) foot wide
buffer area when at least one agricultural best management practice, which, in
the opinion of the Colonial Soil and Water Conservation District, addresses the
more predominant water quality issue on the adjacent land erosion control or
nutrient management is being implemented on the adjacent land, provided that
the combination of the undisturbed buffer area and the best management practice
achieves water quality protection, pollution removal, and water resource
conservation at least the equivalent of the one hundred (100) foot wide buffer
area. If nutrient management is identified as the predominant water quality
issue, a nutrient management plan, including soil test, must be developed
consistent with the Virginia Nutrient Management Training and Certification
Regulations (4 VAC 5-15 et seq.) administered by the Virginia Department of
Conservation and Recreation.
Agricultural activities may
encroach within the landward seventy-five (75) feet of the one hundred (100)
foot wide buffer area when agricultural best management practices which address
erosion control, nutrient management, and pest chemical control, are being
implemented on the adjacent land. The erosion control practices must prevent erosion
from exceeding the soil loss tolerance level, referred to as T, as defined in
the National Soil Survey Handbook of November 1996 in the Field Office
Technical Guide of the U.S. Department of Agriculture Natural Resource
Conservation Service. A nutrient management plan, including soil test, must be developed
consistent with the Virginia Nutrient Management Training and Certification
Regulations (4 VAC 5-15 et seq.) administered by the Virginia Department of
Conservation and Recreation. In conjunction with the remaining buffer area,
this collection of best management practices shall be presumed to achieve water
quality protection at least the equivalent of that provided by the one hundred
(100) foot wide buffer area.
Roads and driveways not exempt and
which, therefore, must comply with the provisions of this Article, may be
constructed in or across RPAs if each of the following criteria are met:
The Review Committee makes a
finding that there are no reasonable alternatives to aligning the road or drive
in or across the RPA; and,
The alignment and design of the
road or driveway is optimized, consistent with other applicable requirements, to
minimize encroachment in the RPA and minimize adverse effects on water quality;
The design and construction of the
road or driveway satisfy all applicable criteria of this Article; and,
The Review Committee reviews the
plan for the road or driveway proposed in or across the RPA in coordination with
the plan of development pursuant to Section 17.3-65.
Development on a lot or parcel
recorded prior to October 1, 1989 when application of the buffer area results
in the loss of a buildable area, the Review Committee may permit encroachments
into the buffer area in accordance with Section 17.3-65 (Plan of Development)
of this Article and the following criteria.
Encroachments into the buffer area
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 of encroachment into the buffer
area shall be established elsewhere on the lot or parcel; and,
The encroachment may not extend
into the waterward fifty (50) feet of the buffer area.
Development on a lot or parcel
recorded between October 1, 1989 and May 12, 2004 when application of the
buffer area results in the loss of a buildable area, the Review Committee may permit
encroachments into the buffer area in accordance with Section 17.3-65 (Plan of
Development), the criteria in Part 2b(iv)(3) of this section, and the following
The lot or parcel was created as a
result of a legal process conducted in conformity with Chapter 35 of the City Code
Conditions or mitigation measures
imposed through a previously authorized RPA encroachment shall be met; and,
If the use of a best management
practice (BMP) was previously required, the BMP shall be evaluated to determine
if it continues to function effectively and, if necessary, the BMP shall be
reestablished or repaired and maintained as required.
the regular meeting of the City Council of the City of Hampton, Virginia held
Signed by ____________________________ Date
Ross A. Kearney, II, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass
Clerk of the Council