20031125 2003-22ORDINANCE NO. 2003- 22
AN ORDINANCE AMENDING
SECTIONS 100-76 THROUGH 110-100,
ARTICLE II, DIVISION 3, CHAPTER 110
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA
BE IT ORDAINED, by the City Council of the City of Fairfax, that Sections 110-76
through 110-100, Article II, Division 3, Chapter 110 of the Code of the City of Fairfax,
Virginia are hereby amended in their entirety as follows:
Section 110-76. Title.
This Division shall be known and referenced as the "Chesapeake Bay Preservation Area
Ordinance" of the City of Fairfax.
Section 110-77. Findings of fact.
The Chesapeake Bay together with its tributaries is one of the most important and
productive estuarine systems in the world, providing economic and social benefits to the
citizens of the city and the commonwealth.
The Chesapeake Bay waters have been degraded significantly by many sources of
pollution, including nonpoint source pollution from existing land uses and new
development. Existing high quality waters are worthy of protection from degradation to
guard against further pollution. Certain lands that are proximate to shorelines have
intrinsic water quality value due to the ecological and biological processes they perform.
Other lands have severe development constraints from flooding, erosion, and soil
limitations. With proper management, they offer significant ecological benefits by
providing water quality maintenance and pollution control, as well as flood and shoreline
erosion control. These lands together, designated by the City Council as Chesapeake Bay
Preservation Areas, need to be protected from destruction and damage in order to protect
the quality of water in the Bay and consequently the quality of water in the city and the
commonwealth.
Section 110-78. Purpose and intent.
(a) This Division is enacted to implement the requirements of Section 10.1-2100 et seq. of
the Code of Virginia, The Chesapeake Bay Preservation Act. These regulations
establish the criteria that the city shall use to determine the extent of the Chesapeake
Bay Preservation Areas. These regulations also establish criteria for use by the city in
approving, denying or modifying requests to rezone, subdivide, use, develop and/or
redevelop land in Chesapeake Bay Preservation Areas. The intent of the City Council
and the purpose of this Division is to:
(1) Protect sensitive environmental lands within the city;
(2) Safeguard the quality of state waters;
(3) Prevent further increase in pollution of state waters;
(4) Reduce existing pollution of state waters; and
(5) Promote water resource conservation in order to provide for the health, safety,
and welfare of the present and future citizens of the city.
(b) Unless otherwise stated in this Division, the review and approval procedures provided
for in Chapter 110 of the City Code, Zoning, shall be adhered to in reviewing and
approving development, redevelopment and uses governed by this Division.
Section 110-79. Areas of applicability.
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(a) The Chesapeake Bay Preservation Area Ordinance shall apply to all lands identified as
Chesapeake Bay Preservation Areas as designated by the City Council and as shown on
the City of Fairfax Chesapeake Bay Preservation Area Map.
The Chesapeake Bay Preservation Area Map, together with all explanatory matter
thereon, is hereby adopted by reference and declared to be a part of this Division. The
map entitled "City of Fairfax Chesapeake Bay Preservation Area Map" shall be
identified by the signature of the Zoning Administrator, attested to by the City Clerk,
together with the date of adoption by City Council. The map shall show the general
location of Chesapeake Bay Preservation Areas within the city and should be consulted
by persons contemplating activities within the city prior to engaging in a regulated
activity. The specific delineation of the Chesapeake Bay Preservation Area boundaries
is the responsibility of the applicant in accordance with Section 110-83 of this
Division.
(1) The Resource Protection Area includes:
a. Tidal wetlands;
b. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands
or water bodies with perennial flow;
c. Tidal shores;
d. Intermittent streams that remain largely in a natural condition and that have not
been significantly impacted by adjacent development, as depicted on the City's
Chesapeake Bay Preservation Area map;
e. Water bodies with perennial flow, as depicted on the City's Chesapeake Bay
Preservation Area map; and
f. A one-hundred-foot (100') vegetated buffer area located adjacent to and
landward of the components listed in subparagraphs (a) through (e) above, and
expanded to include noncontiguous wetlands within the floodplain that are
partially located within the buffer, along both sides of any water body with
perennial flow. The full buffer area shall be designated as the landward
component of the Resource Protection Area notwithstanding the presence of
permitted uses, encroachments or permitted vegetation clearing in compliance
with the performance criteria of this Division.
(2) The Resource Management Area includes all lands in the city that are not
designated as Resource Protection Areas.
(b) If the boundaries of a Chesapeake Bay Preservation Area include a portion of a lot,
parcel, or development project, only that portion of the lot, parcel, or development
project shall be subject to the requirements of this Division except as provided for in
Section 110-80(d). The division of property shall not constitute an exemption from this
requirement.
Section 110-80. Use regulations.
(a) Development, land disturbances and uses authorized by underlying zoning
classifications are allowed provided that they are carried out in accordance with the
applicable general performance standards set forth in Section 110-84 of this Division
or otherwise modified by the requirements set forth herein.
(b) Development in Resource Protection Areas (RPAs) may be permitted if it:
(1) Constitutes redevelopment; or
(2) Is a roadway or driveway not exempt under Section 110-88, provided that:
a. There are no reasonable alternatives to aligning the road or driveway in or
across the RPA;
b. The alignment and design of the road or driveway are optimized, consistent
with other applicable requirements, to minimize encroachment in the RPA and
adverse effects on water quality; and
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The design and construction of the road or driveway satisfy all applicable
criteria of this ordinance, including the submission of a water quality impact
assessment.
(3) Is a flood control or stormwater management facility that drains or treats water
from multiple development projects or from a significant portion of a watershed,
provided that:
a. The location of the facility within the RPA is the optimum location;
b. The size of the facility is the minimum necessary to provide necessary flood
control, stormwater treatment, or both;
c. The facility is consistent with a stormwater management program that has been
approved by the Chesapeake Bay Local Assistance Board as a Phase I
modification to this program;
d. All applicable permits for construction in state and federal waters are obtained
from the appropriate state and federal agencies, such as the U.S. Army Corps of
Engineers, the Virginia Department of Environmental Quality, and the Virginia
Marine Resources Commission; and
e. Approval from the city prior to construction.
(4) Is a new use established pursuant to Section 110-84(d)(2).
(c) Routine maintenance is allowed to be performed on flood control or stormwater
management facilities that drain or treat water from multiple development projects or
from a significant portion of a watershed in order to assure that they continue to
function as designed, but it is not the intent of this section to allow a best management
practice that collects and treats runoff from only an individual lot or some portion of
the lot to be located within a RPA.
(d) All development or redevelopment within a Chesapeake Bay Preservation Area
exceeding two thousand five hundred (2,500) square feet of disturbed land area shall be
subject to the general performance standards in Section 110-84 as well as the
development review procedures outlined in Section 110-86.
(e) A Water Quality Impact Assessment shall be required for any proposed development
or redevelopment within a Resource Management Area or Resource Protection Area.
Upon determination, however, that the proposed development or redevelopment would
not significantly impact water quality, the Zoning Administrator may waive the
requirement for a Water Quality Impact Assessment. If a Water Quality Impact
Assessment is required, the assessment shall include the entire lot, parcel or
development project as the area of impact and shall be conducted in accordance with
Section 110-85 of this Division.
Section 110-81. Lot size.
The creation of new lots shall be subject to the requirements of the subdivision and zoning
ordinances provided that any lot shall have sufficient area outside the Resource Protection
Area to accommodate an intended development in accordance with the general
performance standards in Section 110-84.
Section 110-82. Conflict with other regulations.
In any case where the requirements of this Division conflict with any other provision of the
City Code, the more stringent provision shall apply.
Section 110-83. Interpretation of Resource Protection Area and Resource
Management Area Boundaries.
(a) Delineation by applicant. For any property that is depicted on the City's Chesapeake
Bay Preservation Area Map as a Resource Protection Area, the applicant shall
determine the site-specific boundaries of the RPA components through the
performance of a RPA Site-Specific Study. The Chesapeake Bay Preservation Area
Map shall be used only as a guide to the general location of Resource Protection Areas
within the city.
(b) Where conflict arises over delineation. Where the applicant has provided a site-
specific delineation of the Resource Protection Area, the Zoning Administrator shall
review and verify the accuracy of the boundary delineation. In determining the site-
specific Resource Protection Area boundary, the Zoning Administrator may render
adjustments to the applicant's boundary delineation based on the RPA Site-Specific
Study features required in Section 110-86(c).
Section 110-84. General performance standards for Chesapeake Bay Preservation
Areas.
(a) Purpose and intent. The performance standards included in this Division establish the
means to minimize erosion and sedimentation potential, reduce land application of
nutrients and toxics, and maximize rainwater infiltration. Natural ground cover,
especially woody vegetation, is most effective in holding soil in place and preventing
site erosion. Indigenous vegetation, with its adaptability to local conditions without the
use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing
impervious cover enhances rainwater infiltration and effectively reduces stormwater
runoff potential.
The performance standards are intended to prevent a net increase in nonpoint source
pollution from new development and to achieve a ten percent (10%) reduction in
nonpoint source pollution from redevelopment.
(b) Development and redevelopment in Chesapeake Bay Preservation Areas.
(1) Land disturbance shall be minimized and limited to the area necessary to provide
for the desired use or development.
a. In accordance with an approved subdivision or site plan, the extent of land
disturbing activity, including clearing or grading, shall be limited to the
specified construction footprint. The limits of disturbance shall be clearly
shown on submitted plans and physically marked on the development site.
b. Ingress and egress during construction shall be limited to one access point
unless otherwise approved by the Zoning Administrator.
(2) Indigenous vegetation shall be preserved to the maximum extent practicable
consistent with the use and development proposed and in accordance with the
"Virginia Erosion and Sediment Control Handbook."
a. Existing trees shall be preserved outside the limits of disturbance, however,
diseased trees or trees weakened by age, storm, fire or other injury may be
removed.
b. Clearing and grading shall be limited outside the defined limits of disturbance.
Clearing shall be allowed only to provide public roads, necessary access,
positive site drainage, water quality BMPs, and the installation of utilities, as
approved by the Zoning Administrator.
c. Prior to clearing or grading, suitable protective barriers, such as safety fencing,
shall be erected at the drip line of any tree or stand of trees to be preserved.
These protective barriers shall remain so erected throughout all phases of
construction. The storage of equipment, materials, debris, or fill shall not be
permitted within the area protected by the barrier.
(3) Land development shall minimize impervious cover to promote infiltration of
stormwater into the ground consistent with the use or development permitted.
(4) Notwithstanding any other provisions of this Division, or any exceptions or
exemptions thereto, any land disturbing activity exceeding two thousand five-
hundred (2,500) square feet, including construction of all single-family houses,
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septic tanks, and drainfields, shall comply with the requirements of the Chapter
110, Division 12, Erosion and Sediment Control.
(5)
All on-site sewage disposal systems not requiring a VPDES permit shall be
pumped out at least once every five (5) years. However, owners of on-site sewage
treatment systems may submit documentation every five years, certified by a
sewage handler permitted by the Virginia Department of Health, that the septic
system has been inspected, is functioning properly, and the tank does not need to
have the effluent pumped out of it.
(6)
A reserve sewage disposal site with a capacity at least equal to that of the primary
sewage disposal site shall be provided. This requirement shall not apply to any lot
or parcel recorded prior to October 1, 1989, if such lot or parcel is not sufficient in
capacity to accommodate a reserve sewage disposal site, as determined by the local
health department. Building or construction of any impervious surface shall be
prohibited on the area of all sewage disposal sites or on an on-site sewage treatment
system that operates under a permit issued by the state water control board until the
structure is served by public sewer.
(7)
For any development or redevelopment, stormwater runoff shall be controlled by
the use of best management practices consistent with the water quality protection
provisions (4 VAC 3-20-71 et seq.) of the Virginia Stormwater Management
Regulations that achieve the following:
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For development, the post-development nonpoint source pollution runoff load
shall not exceed the pre-development load based upon the city's average land
cover condition of forty-five percent (45%);
For redevelopment, the nonpoint source pollution load shall be reduced by at
least ten percent (10%). However, in no case shall redevelopment be required
to reduce impervious surface below the city's forty-five percent (45%) average
land cover condition. The Zoning Administrator may waive or modify this
requirement for redevelopment sites that originally incorporated best
management practices for stormwater runoff quality control provided the
following provisions are satisfied:
1. In no case may the post-development nonpoint source pollution runoff load
exceed the pre-development load;
2. Runoff pollution loads shall have been calculated and the BMPs selected
for the express purpose of controlling nonpoint source pollution;
3. 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 Zoning Administrator may require a review of both
the original structural design and maintenance plans to verify this
provision. A new maintenance agreement may also be required to ensure
compliance with this Division.
4. Facilities provided to reduce nonpoint source pollution in runoff shall be
provided onsite; however, the Director of Public Works may approve the
payment of a fee to the city in lieu of onsite detention. Such fee shall be
used for the construction and/or maintenance of one or more public
facilities to be located at the discretion of the city. The amount of the fee
shall be based on the projected nutrient load from the development site, the
cost of design and construction of the facility, any land acquisition costs
and facility maintenance.
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For redevelopment, both the pre- and post-development loadings shall be
calculated in accordance with the procedures outlined in the current edition of
the Virginia Stormwater Management Handbook. However, where design data
are available, the original post-development nonpoint source pollution loadings
may be substituted for the existing development loadings.
(8) Prior to initiating grading or other on-site activities on any portion of a lot or
parcel, all wetlands permits required by federal, state and local laws and regulations
shall be obtained and evidence of such submitted to the Zoning Administrator in
accordance with the development review procedures outlined in Section 110-86.
(c) Performance criteria for Resource Protection Areas. The following criteria shall apply
specifically within Resource Protection Areas and supplement the general performance
criteria contained in Section 110-84:
(1)
All redevelopment activities shall conform to the regulations contained in Article
II, Division 2, Floodplains; Division 11, Storm Drainage Facilities; and Division
12, Erosion and Sediment Control; of this Chapter as well as the criteria for
redevelopment in Section 110-84(b)(7). Redevelopment shall be permitted in the
Resource Protection Area only if there is no increase in the amount of impervious
cover within the RPA and no further encroachment within the RPA.
(2) A Water Quality Impact Assessment shall be required for any proposed
development in accordance with Section 110-85.
(d) Buffer area requirements. To minimize the adverse effects of human activities on the
core components of Resource Protection Areas, state waters, and aquatic life, a one-
hundred-foot (100') buffer area of vegetation that is effective in retarding runoff,
preventing erosion, and filtering nonpoint source pollution from runoff shall be
retained if present and established where it does not exist. The one-hundred-foot
(100') buffer area shall be deemed to achieve a seventy-five percent (75%) reduction of
sediments and a forty percent (40%) reduction of nutrients.
The buffer area shall be maintained to meet the following additional performance
standards:
(1) In order to maintain the functional value of the buffer area, indigenous vegetation
may be removed 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:
a. Trees may be pruned or removed as necessary to provide for sight lines and
vistas, provided that where removed, they shall be replaced with other
vegetation that is equally effective in retarding runoff, preventing erosion, and
filtering nonpoint source pollution from runoff;
b. Any path shall be constructed and surfaced so as to effectively control erosion;
c. 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 may be allowed with approval of the Zoning Administrator in accordance
with Section 110-254, Diseased or Dangerous Trees; and
d. 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.
(2)
When the application of the buffer areas would result in the loss of a buildable area
on a lot or parcel recorded prior to October 1, 1989, the Zoning Administrator may
permit encroachments into the required buffer area pursuant to Section 110-89,
Administrative Waivers and Special Exceptions, and in accordance with the
following provisions:
a. Encroachments into the buffer areas shall be the minimum necessary to achieve
a reasonable buildable area for a principal structure and necessary utilities;
b. Where practicable, a vegetated area shall be established elsewhere on the lot or
parcel in a manner 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; and
c. In no case shall the encroachment extend into the seaward fifty (50) feet of the
buffer area.
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(3) When the application of the buffer area would result in the loss of a buildable area
on a lot or parcel recorded between October 1, 1989 and November 25th, 2003, the
Zoning Administrator may permit encroachments into the required buffer area
pursuant to Section 110-89, Administrative Waivers and Special Exceptions, and in
accordance with the following provisions:
a. The lot or parcel was created as a result of a legal process conducted in
conformity with the City's subdivision regulations;
b. Conditions or mitigation measures imposed through a previously-approved
exception shall be met;
c. If the use of a best management practice 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;
d. The criteria listed in Section 110-84(d)(2) shall be satisfied.
Section 110-85. Water Quality Impact Assessment.
(a) Purpose and intent. The purpose of the Water Quality Impact Assessment is to:
(1) Identify the impacts of proposed development on water quality and lands within
Resource Protection Areas;
(2) Ensure that, where redevelopment does take place within Resource Protection
Areas, it is located on those portions of a site and in a manner that is least
disruptive to the natural functions of Resource Protection Areas; and
(3) Specify mitigation to address water quality protection.
(b) Water Quality Impact Assessment required. A Water Quality Impact Assessment shall
be submitted for:
(1)
Any proposed land disturbance, development or redevelopment within a Resource
Protection Area including any buffer area modification or reduction as provided
for in Section 110-84; or
(2)
Any proposed development or redevelopment in the Resource Management Area
that may significantly impact water quality due to the unique characteristics of the
site or intensity of the proposed use or development. The Zoning Administrator
may waive this requirement as stated in Section 110-80(d).
There shall be two (2) levels of Water Quality Impact Assessment: a minor assessment
and a major assessment.
(c) Minor Water Quality Impact Assessment. A minor Water Quality Impact Assessment
pertains only to development resulting in no more than five thousand (5,000) square
feet of land disturbance, or development that encroaches onto the landward fifty (50)
feet of the one-hundred-foot (100') buffer area. The calculations of a minor assessment
will demonstrate that the remaining buffer area and necessary best management
practices will result in removal of no less than seventy-five percent (75%) of sediments
and forty percent (40%) of nutrients from post-development stormwater runoff. A
minor assessment shall include a site drawing to scale that shows the following:
(1) Location of the components of any RPA, including the one-hundred-foot (100')
buffer area;
(2)
Location and nature of the proposed improvements, including: type of paving
material; areas of clearing or grading; location of any structures, drives, or other
impervious cover; and sewage disposal systems or reserve drainfield sites;
(3) Type and location of proposed best management practices to meet the required
general performance standards specified in Section 110-84.
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(4)
Location of existing vegetation on site, including the number and type of trees and
other vegetation to be removed in the buffer to accommodate the encroachment or
modification; and
(5) A re-vegetation plan that supplements the existing buffer vegetation in a manner
that provides for pollutant removal, erosion and runoff control.
(d) Major Water Quality Impact Assessment. A major Water Quality Impact Assessment
shall be required for any development that exceeds five thousand (5,000) square feet of
land disturbance or that encroaches onto the seaward fifty (50) feet of the one-hundred-
foot (100') buffer area; or is located in the Resource Management Area and is deemed
necessary by the Zoning Administrator.
The information required in this section shall be considered a minimum, unless the
Zoning Administrator determines that some of the elements are unnecessary due to the
scope and nature of the proposed use and development of land.
The following elements shall be included in the preparation and submission of a major
Water Quality Impact Assessment:
(1) All of the information required in a minor Water Quality Impact Assessment, as
specified in subsection (c) above;
(2)
A hydrogeological element that describes existing topography, estimates of soils
characteristics and potential for erosion, hydrology of the area, impacts on
wetlands and streams, proposed mitigation measures, and a listing of requisite
permits with permit or application status.
(3)
A landscape element that fully describes existing trees required to be identified as
part of a tree management plan in accordance with Section 110-252(c); limits of
clearing and grading; trees and indigenous vegetation that are to be preserved
within the disturbed area; measures to be taken to protect vegetation, proposed
plantings, and other vegetative measures used to enhance water quality; and a
proposed construction schedule that includes all activities related to clearing,
grading, and proposed plantings; and
(4) Such other measures as deemed necessary by the Zoning Administrator to ensure
the impact to water quality can be accurately predicted.
(e) Submission and review requirements.
(1)
Copies of all site drawings and other applicable information as required by
subsections (c) and (d) above shall be submitted to the Zoning Administrator for
review and approval.
(2) All information required in this section shall be certified as complete and accurate
by a class IIIB certified land surveyor and a professional wetlands expert.
(3)
Water Quality Impact Assessments shall be prepared and submitted to the Zoning
Administrator in conjunction with the development review procedures outlined in
Section 110-86.
(4)
As part of any major Water Quality Impact Assessment submittal, the Zoning
Administrator may require review and written comments by the Chesapeake Bay
Local Assistance Department (CBLAD). The Zoning Administrator should
incorporate comments made by CBLAD into the final review of the major Water
Quality Impact Assessment.
09 Evaluation procedure.
(1) Upon the completed review of a minor Water Quality Impact Assessment, the
Zoning Administrator shall determine if any proposed modification or reduction to
the buffer area is consistent with the provisions of this Division and make a
finding based upon the following criteria:
a. The proposed encroachment is necessary and there is no other location on site
to place improvements without disturbing the buffer area;
b. The impervious surface is minimized;
c. The proposed best management practices, where required, achieve the requisite
reductions in pollutant loadings;
d. The development, as proposed, meets the purpose and intent of this Division;
e. The cumulative impact of the proposed development, when considered in
relation to other development in the vicinity, both existing and proposed, will
not result in a significant degradation of water quality; and
f. Any other information deemed necessary by the Zoning Administrator.
(2)
Upon the completed review of a major Water Quality Impact Assessment, the
Zoning Administrator shall determine if the proposed development is consistent
with the purpose and intent of this Division and make a finding based upon the
following criteria:
a. The disturbance of any wetlands is minimized;
b. The development will not result in significant disruption of the hydrology of the
site;
c. The development will not result in significant degradation to aquatic life;
d. The development will not result in unnecessary destruction of plant materials
on site;
e. Proposed erosion and sediment control concepts are adequate to achieve the
reductions in runoff and prevent offsite sedimentation;
f. Proposed stormwater management measures are adequate to control the
stormwater runoff to achieve the required performance standard for pollutant
control;
g. Proposed revegetation of disturbed areas will provide optimum erosion and
sediment control benefits;
h. The design and location of any proposed drainfield will be in accordance with
the general performance standards outlined in Section 110-84;
i. The development, as proposed, is consistent with the purpose and intent of this
Division;
j. The cumulative impact of the proposed development, when considered in
relation to other development in the vicinity, both existing and proposed, will
not result in a significant degradation of water quality.
(3)
The Zoning Administrator may require additional mitigation measures where
potential impacts have not been adequately addressed. Evaluation of mitigation
measures will be made by the Zoning Administrator based on the criteria listed
above in subsections (1) and (2).
(4)
The Zoning Administrator shall find the proposal to be inconsistent with the
purpose and intent of this Division when the impacts created by the proposal
cannot be mitigated.
Section 110-86. Development Review Procedures.
(a)
Generally. Any land disturbance, development, or redevelopment with land disturbing
activity exceeding two thousand five hundred (2,500) square feet shall comply with the
development review procedures outlined herein, where applicable, prior to any
clearing, grading or construction on the site.
(b) Required information. The following plans or studies shall be submitted, unless
otherwise provided for:
(1)
If applicable, a subdivision or site plan submitted in accordance with the
provisions of Chapter 86, Subdivisions, and Chapter 110, Zoning, of the City
Code;
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(2) A RPA Site-Specific Study as provided for in Section 110-86(c) of this Division;
(3) If applicable, a Water Quality Impact Assessment as required in Section 110-85;
(4) A tree management plan consistent with the provisions of Chapter 110, Division
10, Tree Preservation, Landscaping and Screening;
(5) A stormwater plan consistent with the design and performance standards of
Chapter 110, Division 11, Storm Drainage Facilities;
(6) An erosion and sediment control plan consistent with the provisions of Chapter
110, Division 12, Erosion and Sediment Control; and
(7) Copies of all wetlands permits required by law.
The required plans and studies shall include the delineation of the RPA boundary, the
delineation of required buffer areas, and a maintenance agreement as deemed necessary
by the Zoning Administrator to ensure proper maintenance of best management
practices in order to continue their functions. These required plans and studies may be
coordinated or combined as deemed appropriate by the Zoning Administrator.
However, the Zoning Administrator may also determine that any of the information
required in this section may be unnecessary due to the scope and nature of the proposed
development.
(c) RPA Site-Specific Study. A RPA Site-Specific Study shall be submitted as part of the
development review procedures required by this Division and in conjunction with site
plan or subdivision approval.
(1) The RPA Site-Specific Study shall be drawn to scale and clearly delineate the
Resource Protection Area components outlined in Section 110-79(a)(1).
(2)
Wetlands delineations shall be performed consistent with the procedures specified
in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands,
1987.
(3) The RPA Site-Specific Study shall delineate the site-specific geographic extent of
the Resource Protection Area.
(4)
The RPA Site-Specific Study shall be drawn at the same scale as the site plan or
subdivision plan and shall be certified as complete and accurate by a class IIIB
certified land surveyor and a professional wetlands expert.
(d) Tree management plan. A tree management plan shall be submitted as part of the
development review procedures required by this Division and shall be prepared in
accordance with the requirements set forth in Section 110-252(c). No clearing,
grading, or construction on any lot or parcel shall be permitted without an approved
tree management plan.
In addition to the tree management plan contents required in Section 110-252(c), the
following supplemental information shall be provided for land disturbance,
development, or redevelopment activity proposed within the Resource Protection Area:
Any required buffer area shall be clearly delineated and any plant material to be
added to establish or supplement the buffer area, as required by this Division, shall
be shown on the tree management plan.
(2)
Within the buffer area, trees to be removed for sight lines, vistas, access paths, and
best management practices, as provided for in this Division, shall be shown on the
plan. Vegetation required by this Division to replace any existing trees within the
buffer area shall also be shown on the tree management plan.
(3) Trees to be removed for stream bank stabilization projects and any replacement
vegetation required by this Division shall be shown on the landscaping plan.
(e) Stormwaterplan. A stormwater plan shall be submitted as part of the development
review procedures required by this Division and in conjunction with site plan or
subdivision approval.
(1)
Contents. In addition to the design and performance standards outlined in Chapter
110, Division 11, Storm Drainage Facilities, the stormwater plan shall contain
maps, charts, graphs, tables, photographs, narrative descriptions, explanations and
citations to supporting references as appropriate to communicate the information
required by this Division. At a minimum, the stormwater plan shall contain the
following:
a. Location and design of all planned stormwater control devices;
b. Procedures for implementing nonstructural stormwater control practices and
techniques;
c. Pre- and post-development nonpoint source pollutant loadings with supporting
documentation of all utilized coefficients and calculations; and
d. For facilities, verification of structural soundness, including a professional
engineer or class IIIB surveyor certification.
(2)
All engineering calculations shall be performed in accordance with procedures
outlined in the current edition of the "Virginia State Stormwater Management
Handbook."
(3)
The plan shall establish a long-term schedule for inspection and maintenance of
stormwater management facilities that includes all maintenance requirements and
persons responsible for performing maintenance.
(f) Erosion and sediment controlplan. An erosion and sediment control plan shall be
submitted as part of the development review procedures required by this Division in
conjunction with site plan or subdivision approval that satisfies the requirements of
Chapter 110, Division 12, Erosion and Sediment Control, of the Code of the City of
Fairfax.
(g) Physical improvements required by this division may be bonded in accordance with
Sections 86-4 and 110-107 of the Code of the City of Fairfax.
Section 110-87. Nonconforming uses and structures.
(a) The lawful use of a building or structure that existed on September 17, 1990, or that
exists at the time of any amendment to this Division, and that is not in conformity with
the provisions of this Division may be continued in accordance with Chapter 110,
Division 5, Nonconforming Uses.
(b) The Zoning Administrator may grant an Administrative Waiver for remodeling or
alteration to an existing nonconforming principal or accessory structure provided that:
(1) There will be no increase in nonpoint source pollution load; and
(2)
Any development or land disturbance exceeding an area of two thousand five
hundred (2,500) square feet complies with all erosion and sediment control
requirements of this Division.
(c) The Zoning Administrator may grant an Administrative Waiver for expansion,
restoration or replacement of an existing nonconforming principal structure provided
that:
(1)
If a nonconforming structure is destroyed or damaged in any manner, it shall be
restored only if such use complies with the requirements of this Division. Any
such repair or restoration shall be commenced within twelve (12) months and
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completed within eighteen (18) months from the date of destruction. If the repairs
are not completed within eighteen (18) months of the date of destruction, the
applicant shall file a request for an extension with the Zoning Administrator.
Approval of the request will be subject to demonstration by the applicant that
reconstruction by the applicant was pursued in good faith.
(2)
The cost of land or any factors other than the cost of the structure are excluded in
the determination of cost of restoration for any structure determined to be
nonconforming.
(d) The Zoning Administrator may grant an Administrative Waiver only after making the
required written findings outlined in Section 110-89(d).
(e) Administrative Waivers shall become null and void twelve (12) months from the date
issued if no substantial work has commenced.
Section 110-88. Exemptions.
The following uses shall be exempt from the criteria contained in this ordinance:
(a)
Construction, installation, operation and maintenance of electric, natural gas, fiber-
optic, telephone transmission lines, railroads, public roads, public trails, and their
appurtenant structures; provided that said construction, installation, operation and
maintenance is in accordance with the Erosion and Sediment Control Law (Code of
Virginia, Section 10.1-560 et seq.) and the Stormwater Management Act (.Code of
Virginia, Section 10.1-603.1 et seq.). An erosion and sediment control plan and a
storm water management plan approved by the state department of conservation and
recreation, or local water quality protection criteria at least as stringent as the above
state requirements shall be deemed to constitute compliance with this provision. The
exemption of public roads is further conditioned on the optimization of the road
alignment and design, consistent with other applicable requirements, to prevent or
otherwise minimize both encroachment into the RPA and adverse effects on water
quality.
(b) Construction, installation and maintenance of water, sewer, natural gas, and
underground telecommunications and cable television lines [owned, permitted, or both,
by the City of Fairfax or regional service authority], provided that:
(1) Such utilities and facilities shall be located outside the RPA to the degree possible;
(2) No more land shall be disturbed than is necessary to provide for the proposed
utility installation;
(3)
All construction, installation and maintenance of such utilities and facilities shall
be in compliance with all applicable state and federal permits and designed and
conducted in a manner that protects water quality; and
(4) Any land disturbance exceeding an area of 2,500 square feet complies with all
erosion and sediment control requirements.
(c) The following land disturbances within the RPA shall be exempted from this Division:
(i) water wells; (ii) passive recreation facilities, such as boardwalks, trails, and
pathways; and (iii) historic preservation and archaeological activities, provided that it
is demonstrated to the satisfaction of the Zoning Administrator that:
(1) Any required permits, except those to which this exemption specifically applies,
shall have been issued;
(2) Sufficient and reasonable proof is submitted that the intended use will not
deteriorate water quality;
(3) The intended use does not conflict with nearby planned or approved uses; and
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(4) Any land disturbance exceeding an area of two thousand five hundred (2,500)
square feet shall comply with all city erosion and sediment control requirements.
Section 110-89. Administrative Waivers and Special Exceptions.
(a) Administrative Waivers. The following administrative waivers may be granted by the
Zoning Administrator:
(1)
Encroachments into the landward 50 feet of the buffer component of the RPA,
provided that the requirements of Sections 110-84(d)(2) or (3) and 110-85(19 are
met;
(2) Remodeling and alterations to existing nonconforming principal or accessory
structures, provided that the requirements of Section 110-87(b)(1) are met;
(3) Restoration or replacement of existing nonconforming principal or accessory
structures provided that the requirements of Section 110-87(b)(2) are met; or
(4) Modifications and additions to existing legal principal structures provided the
findings of Section 110-89(d) are made.
(b) Special Exceptions. Special exceptions to the general performance criteria for
Resource Management and Resource Protection Areas detailed in Section 110-84 may
be granted by the City Council provided the findings of Section 110-89(d) are made.
(c) Administrative Waivers and Special Exceptions may not be granted for new accessory
structures.
(d) Required findings. In granting an Administrative Waiver or a Special Exception, the
Zoning Administrator or the City Council shall make a written finding that:
(1) The request is the minimum necessary to afford relief;
(2)
Granting the request will not confer upon the applicant any special privileges that
are denied by this division to other property owners who are subject to its
provisions and who are similarly situated;
(3) The request is in harmony with the purpose and intent of this division and is not of
substantial detriment to water quality;
(4) The request is not based upon conditions or circumstances that are self-created or
self-imposed; and
(5) Reasonable and appropriate conditions shall be imposed, as warranted, that will
prevent the allowed activity from causing a degradation of water quality.
(e) Administrative waiver process.
(1)
The applicant shall submit an Administrative Waiver request to the Zoning
Administrator. The request shall identify the potential impacts of the waiver on
water quality and on lands within the Resource Protection Area through the
performance of a Water Quality Impact Assessment that complies with the
provisions of Section 110-85.
(2)
The Zoning Administrator shall review the Administrative Waiver request and the
Water Quality Impact Assessment and may grant the waiver with such conditions
and safeguards as deemed necessary to ensure and further the purpose and intent of
this Division.
(3) If the Zoning Administrator cannot make the required findings or denies the
Administrative Waiver request, the Zoning Administrator shall provide written
findings and rationale for the decision to the applicant. Denial by the Zoning
Administrator may be appealed to the Board of Zoning Appeals pursuant to
Section 110-1105.
(f) Special Exception Process.
(1)
The applicant shall submit a Special Exception request to the Zoning
Administrator. The request shall identify the potential impacts of the Special
Exception request on water quality and on lands within the Resource Protection
Area through the performance of a Water Quality Impact Assessment that
complies with the provisions of Section 110-85.
(2)
Each Special Exception request shall be reviewed by the Zoning Administrator and
scheduled for public hearing before the City Council following notification of the
affected public of any such exception requests in accordance with Section 15.2-
2204 of the Code of Virginia, except that only one hearing shall be required.
(3)
The City Council shall review the Special Exception request and the Water Quality
Impact Assessment and may grant the Special Exception with such conditions and
safeguards as deemed necessary, pursuant to Section 110-366, to ensure and
further the purpose and intent of this Division, provided the findings of Section
110-89(d)(1) through (5) are met.
Section 110-90. Violations and penalties.
(a) The decisions of all departments, officials and public employees of the city that are
vested with the duty or authority to issue permits or licenses shall conform to the
provisions of this Division. They shall issue permits for uses, buildings or purposes
only when they are in harmony with the provisions of this Division. Any such permit,
if issued in conflict with the provisions of this Division, shall be null and void.
(b) The Zoning Administrator is granted all necessary authority on behalf of the City
Council to administer and enforce this Division, including the authority in righting or
remedying any condition found in violation of this Division, and the bringing of legal
action to secure compliance with this Division, including injunctive abatement, the
imposition of civil penalties, or other appropriate action or proceeding.
Sections 110-91. Appeals.
Any order, determinations or decision made by the Zoning Administrator in administration
and enforcement of the provisions of this division may be appealed to the Board of Zoning
Appeals where it is alleged that an error occurred. Such appeal shall be made within thirty
(30) days from the date of the order, determination or decision and shall further state with
particularity the grounds of such appeal. Appeals shall further be made in accordance with
Section 110-1105 of the Code of the City of Fairfax and Section 15.1~2311 of the Code of
Virginia.
Sections 110-92 thru 110-100. Reserved.
The ordinance shall become effective as provided by law.
Planning Commission Public Hearings:
City Council Public Hearing:
January 13, 2003; January 27, 2003; February
10, 2003; March 24, 2003; and October 27,
2003
November 25, 2003
ADOPTED: November 25, 2003
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Attest:
Mayor
· Dat~e
Acting City Clerk
The vote on the motion to adopt the ordinance was recorded as follows:
Vote
J. Cross Aye
J. Greenfield Aye
G. Lyon Aye
G. Rasmussen Aye
S. Silverthome Aye
P. Winter Aye