19911112 1991-28 ORDINANCE NO. 1991-28
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II DIVISION
3 OF CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA
ENTITLED "CHESAPEAKE BAY PRESERVATION."
Be it ordained by the City Council of the City of Fairfax, Virginia that
Article II Division 3 of Chapter 26 of the Code of the City of Fairfax,
Virginia is hereby amended to read in its entirety as follows:
"DIVISION 3 - CHESAPEAKE BAY PRESERVATION
Section 26-18.2. General Provisions.
(a)
The regulations in this division shall apply to all lands located within
the Chesapeake Bay Preservation Areas (Resource Protection Area
(RPA) and Resource Management Area (RMA)) as defined in Section
26-18.1 and as depicted on maps of the Chesapeake Bay Preservation
Areas adopted by City Council (hereafter referred to as the "CBPA
Maps").
If an applicant for site plan review, a building permit or a clearing
and grading permit for property located within an RPA and RMA
disputes the boundaries delineated on the CBPA Maps, then he shall
submit to the zoning administrator drawings certified by an engineer
which indicate a precise delineation of what the applicant contends is
the proper boundary. Such drawings shall be prepared in accordance
with the procedures specified in the Federal Manual Identifying and
Delineating Jurisdictional Wetlands and shall be based on the Official
City of Fairfax Floodplain Maps, topographical maps, field surveys,
soils maps and wetlands inventory maps. Resolution of disputes
regarding the proper RPA and RMA boundaries will be made by the
zoning administrator and may be appealed to the Board of Zoning
Appeals pursuant to Section 26-220. All applicants disputing the
boundary location must report their findings to the City even if those
findings increase the land area within the CBPA.
(c)
All buildings, structures, improvements and other impervious cover
located in an area prior to such area's designation as an RPA or RMA
shall be legally nonconforming. As such, no enlargement, extension,
reconstruction or structural alteration of the buildings, structures and
improvements or use of same shall be permitted without a Special
Use Permit approved by the City Council in accordance with the
applicable performance criteria.
Section 26-19.1
Performance Criteria.
(a)
General Performance Criteria. Each use, development or
redevelopment of lands located in the Chesapeake Bay Preservation
Area shall meet or exceed the following performance criteria:
1991-28 -2
(1)
(2)
(3)
(4)
(5)
(6)
(7)
No more land shall be disturbed than is necessary to provide for
the proposed use or development.
Indigenous vegetation shall be preserved to the maximum
extent possible consistent with the proposed use and
development.
Where best management practices require regular or periodic
maintenance, the property owner shall ensure such
maintenance by providing the city with a maintenance
agreement and surety bond in an amount determined by the
zoning administrator. The surety bond shall comply with the
requirements of Chapter 2, Article XI of the City Code. The
agreement and surety shall be subject to the approval of the
zoning administrator and the city attorney.
Notwithstanding the exceptions to the site plan requirements
provided in Sections 26-20(a)(1) and (2), all development or
redevelopment involving land disturbing activity that exceeds
two thousand five hundred (2,500) square feet of land
disturbance shall be subject to site plan review.
All land development shall minimize impervious cover
consistent with the proposed use or development.
Notwithstanding the exceptions for disturbed areas of less than
ten thousand (10,000) square feet contained in Section 26-93, any
land disturbing activity that exceeds an area of two thousand five
hundred (2,500) square feet shall comply with the requirements
of Article II, Division 12 of this chapter ("Erosion and Sediment
Control").
The property owner shall be responsible for the installation and
maintenance of stormwater management facilities, including
use of best management practice, which accomplish the
following objectives:
Post-development nonpoint source pollution runoff load
shall not exceed the predevelopment load based upon
average land cover condition of watersheds within the City.
Watershed boundaries shall be established by the City
Engineer. Pollution loads must be calculated and the BMP
selected for the express purpose of controlling nonpoint
source pollution.
Redevelopment of any site not currently served by water
quality best management practices shall achieve at least a
ten (10) percent reduction of nonpoint source pollution in
runoff compared to the existing runoff load from the site.
Post-development runoff from any site to be redeveloped
that is currently served by water quality best management
practices shall not exceed the existing load of nonpoint
source pollution in surface runoff. If existing facilities can
be shown to achieve the current standard of nonpoint
source pollution control, the site will be considered as being
served by water quality BMP's. Structural BMP's must be in
working order, performing at the design levels of service.
1991-28 -3
(b)
The applicant's site engineer shall provide the original
structural design and maintenance schedule and verify that
the structure is performing at the design level of service.
Redevelopment of any site that is completely impervious as
currently developed shall include the restoration of a
minirnum of twenty (29) percent of the site to vegetated
open space.
Stormwater management criteria for redevelopment shall
apply to all redevelopment located within either a RPA or
RMA as desigTLated on the CBPA Maps.
(8)
On-site land disturbing activities shall not begin until grading
plans have been approved by the site plan approving authority
and all required, permits, including wetlands permits, have been
obtained.
Additional Performance Criteria for Resource Protection Areas. The
following criteria shall apply within RPA's in addition to the general
performance criteria in Section 26-19.1(a):
Except as otherwise provided herein, no land disturbing activity
and no acts prohibited by Article II, Division 2 of this chapter
("Floodplains") shall be permitted in RPA's.
(2)
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"), as well as the criteria for redevelopment in
Section 26-19.1(a)(7). Redevelopment shall not include the
enlargement of any building, structure or improvement located
in the RPA or further expansion of any impervious surfaces.
(3) Buffer area requirements.
ao
For the purpose of retarding runoff, preventing erosion and
filtering nonpoint source pollution from runoff, a buffer
area extending at least one hundred (100) feet adjacent to
the stream or tributary shall-be retained, if present, or
established wherever such buffer does not exist. A
combination of buffer area not less than fifty (50) feet in
width and appropriate best management practices located
landward of the buffer area which collectively achieve
water quality protection, pollutant removal and water
resource conservation at least equivalent to the one
hundred (100) foot buffer area may be employed in lieu of
the one hundred (100) foot buffer area.
In order to maintain the functional value of such buffer
area, indigenous vegetation shall only be removed to
provide best management practice or as follows:
Trees ,nay be pruned or removed, subject to the
provisions of Article II, Division 10 (Tree Preservation,
Landscaping and Screening) to provide for sight lines
and vistas; provided, however, that each tree removed
shall be replaced with other vegetation, approved by
the City Engineer, that is at least equally effective in
1991-28
(c)
e
retarding runoff, preventing erosion and filtering
nonpoint source pollution from runoff.
Dead, diseased or dying trees or shrubbery may be
removed with the approval of the zoning
administrator in accordance with Section 26-64.
Silvicultural thinning may be conducted upon the
issuance of a tree removal permit in accordance with
Section 26-62.
For streambank erosion control projects, trees and
woody vegetation may be removed, necessary control
techniques employed and appropriate vegetation
established to protect or stabilize the stream bank based
on plans approved by the zoning administrator.
Ce
When the establishment of the buffer area results in the
loss of a buildable area on a lot or parcel recorded prior to
October 1, 1989, modifications to the width of the buffer area
may be permitted by the zoning administrator as follows:
o
Modifications to the buffer area shall be permitted to
the minimum extent necessary to achieve a reasonable
buildable area for a principal building or structure and
necessary utilities to serve the building or structure.
Where possible, an open space area equal to the area
encroaching the buffer area shall be established
elsewhere on the lot or parcel in a way to maximize
water quality protection;
In no case shall the buffer area be reduced to less than
fifty (50) feet in width.
Water Quality Impact Assessment. A water quality impact
assessment (WQIA) shall be submitted with all site plans for property
located within an RPA or RMA. The WQIA shall include but not be
limited to the following:
(1) Narrative Description:
Impact of proposed development on water quality.
Description of specific measures to be employed to mitigate
the impacts.
Geology of the site.
Estimates of prepollutant and postpollutant lands in runoff.
Additional information as deemed necessary by the zoning
administrator to assist in the review of the project.
(2) Site Drawing:
a. Existing topography, soils and hydrology of the site.
b. Location of RPA, including the RPA buffer area.
c. Location and nature of proposed encroachments into the
RPA buffer area including roadways, utilities and wetland
mitigation sites.
d. Type and location of proposed stormwater management
facilities and best management practices (BMP's) to mitigate
the proposed encroachments.
1991-28 -5
eo
Size and location of anticipated drainfield or wastewater
irrigation areas.
(d) The following uses shall be exempt from the RPA performance
criteria contained in Sec. 26-19.1(b):
(1)
Construction, installation, operation and maintenance of
electric, gas and telephone transmission lines, railroads and
public roads and their appurtenant structures provided that said
construction, installation, operation and maintenance is in
accordance with State Erosion and Sediment Control Law [ Code
of Virginia §10.1-560 et seq.] and the Stormwater Management
Act [Code of Virginia § 10.1-603.1 et seq.]. An erosion an
sediment control plan and a stormwater management plan
approved by the Virginia 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 encroachment
in RPA's and adverse effects on water quality.
(2)
Construction, installation and maintenance of public water,
sewer and local gas lines shall be exempt from the performance
criteria in Section 26-19.1 provided that:
a. Such utilities and facilities shall be located outside RPA's to
the degree possible.
b. No more land shall be disturbed than is necessary to
provide for the desired utility installation.
c. 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.
d. Any land disturbing activity exceeding an area of two
thousand five hundred (2,500) square feet shall comply with
the requirements of Section 26-19.1 (d)(1).
Section 26-19.2 Permitted Uses
(a)
Resource Protection Areas. The following uses and improvements
shall be permitted with a spedal use permit issued by city council in
accordance with the provisions of Section 26-103:
(1) Passive Recreation. Passive recreation facilities, such as bike
trails, picnicking, bird watching and hiking trails, provided that:
ao
All land disturbing activity exceeding an area of two
thousand five hundred (2,500) square feet shall be
performed in accordance with the performance criteria in
Section 26-19.1(b).
The buffer area requirements in Section 26-19.1(b)(3) shall
apply to such facility.
1991-28
-6
(2)
Agricultural uses may continue provided that such uses comply
with applicable zoning regulations and State Chesapeake Bay
Preservation regulations.
(3)
Utilities and public fadlities and improvements such as streets,
channel improvements, bridges, utility pipes and utility
transmission lines with the performance criteria exemptions
found in Section 26-19.1(d).
(4)
Redevelopment of properties including reconstruction or
structural alteration of those buildings structures and
improvements provided that the performance criteria of Section
26-19.1(a) are met.
Resource Management Areas. Single-family houses and
improvements thereto, where the land disturbing area does not
exceed two thousand five hundred (2,500) square feet, shall be
permitted by right within RMA's located outside of floodplains. The
following uses and improvements shall be permitted within RMA's
not located within the floodplain, with a spedal use permit issued by
city council in accordance with the provisions of Section 26-~03:
(1) Uses permitted in the Resource Protection Areas (Section 26-
19.2).
(2) Active Recreation. Active recreation such as golf courses, ball
fields and soccer fields, provided that:
ao
b°
All land disturbing activities exceeding an area of two
thousand five hundred (2,500) square feet shall comply with
the erosion and sediment control requirements of Article II,
Division 12.
The buffer area requirements in Section 26-19.1(b)(3) shall
apply to all such fadlities.
(3)
Redevelopment of properties including enlargement, extension,
reconstruction or structural alteration of those buildings
structures and improvements provided that the performance
criteria of Section 26-19.1(a) are met.
(4) Single family home construction where land disturbance exceeds
two thousand five hundred (2,500) square feet."
This Ordinance shall become effective as provided by law.
Planning Commission hearing:
October 28, 1991
City Council hearing:
November 12, 1991
ADO~D: November 12, 1991
'~Mayor~L~