20061114 2006-17
ORDINANCE NO. 2006-17
AN ORDINANCE AMENDING CHAPTER 110, ARTICLE I, SECTION 110-4 AND
CHAPTER 110, ARTICLE II, DIVISION 3 (CHESAPEAKE BAY PRESERVATION),
SECTIONS 110-79(a)(I), 1l0-79(a)(2), 1l0-79(a)(3), 1l0-80(b), 1l0-80(e), 1l0-84(c)(2),
1l0-84(d)(I), 1l0-85(a)(2) AND 1l0-85(b)(2) OF THE CODE OF THE CITY OF
FAIRFAX TO PROVIDE FOR A DEFINITION OF "PUBLIC ROAD" AND
"SUBSTANTIAL ALTERATION," TO CLARIFY THAT AREAS DESIGNATED AS
RESOURCE PROTECTION AREAS SHALL NOT BE MODIFIED UNLESS BASED
UPON RELIABLE SITE SPECIFIC INFORMATION, TO CLARIFY THAT THE
CITY SHALL REVIEW AND APPROVE ANY DEVELOPMENT WITHIN IN AN
RPA, TO ALLOW THE ZONING ADMINISTRATOR TO WAIVE A WATER
QUALITY IMPACT ASSESSMENT WITHIN A RESOURCE MANAGEMENT AREA
ONLY, TO CLARIFY THAT ANY VEGETATION REMOVAL WITHIN A BUFFER
AREA REQUIRES APPROVAL OF THE ZONING ADMINISTRATOR AND TO
GENERALLY COMPLY WITH THE REQUIREMENTS OF THE CODE OF
VIRGINIA SECTION 10.1-2109, THE CHESAPEAKE BAY ACT, AND VIRGINIA
ADMINISTRATIVE CODE SECTION 9V ACI0-20-60.
NOW, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that
Chapter 110, Article I, Section 110-4 and Chapter 110, Article II, Division 3, Sections 110-
79(a)(1), 11 0-79(a)(2), 11 0-79(a)(3), 11 0-80(b), 11 0-80( e), 11 0-84( c )(2), 11 0-84(d)(1), 11 0-
85(a)(2) and 110-85(b)(2) of the Code of the City of Fairfax, are hereby amended as follows:
ARTICLE I. IN GENERAL
Sec. 110-4. Definitions.
Public road means, as used solely in Article II, Division 3, a publicly owned road that is
designated 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 (Section 10.1-
560 et seq. of the Code of Virginia) and (ii) the Virginia Stormwater Management Act
(Section 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 urban roads are constructed or maintained,
or both, by the City of Fairfax in accordance with the City's standards for road design and
construction activities.
Substantial Alteration means, as used solely in Article II, Division 3, expansion or
modification of a building or development that would result in a disturbance of any land
within a resource protection area, or disturbance of any land exceeding an area of two
thousand five hundred (2,500) square feet within a resource management area.
ARTICLE II. DISTRICT DEVELOPMENT STANDARDS AND REGULATIONS
GENERALLY
DIVISION 3. CHESAPEAKE BAY PRESERV ATION*
Sec. 110-79. Areas of applicability.
(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;
e. Water bodies with perennial flow; and
f. A 100- foot vegetated buffer area located adj acent 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) Designation of the components listed in section 110-79(a)(I)(a-f) of this division on the
city's Chesapeake Bay preservation area map shall not be subject to modification unless based
upon reliable site-specific information, in accordance with section 110-83 of this division and,
if applicable, a water quality impact assessment required pursuant to section 110-85.
(3) The resource management area includes all lands in the city that are not designated as
resource protection areas.
Sec. 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 (RP As) shall be subject to review and approval
by the city and 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 RP A;
b. The alignment and design of the road or driveway are optimized, consistent
with other applicable requirements, to minimize encroachment in the RP A and
adverse effects on water quality; and
c. 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 RP A 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 subsection 110-84(d)(2).
(e) A water quality impact assessment shall be required for any proposed land disturbance,
development or redevelopment within a resource protection area or a resource management
area. The zoning administrator may waive the requirement for a water quality impact
assessment in a resource management area upon determination that the proposed land
disturbance, development or redevelopment would not significantly impact water quality. 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.
Sec. 110-84. General performance standards for Chesapeake Bay preservation areas.
(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 subsection 11 0-84(b )(7). Redevelopment shall be permitted in the resource
protection area only ifthere is no increase in the amount of impervious cover within
the RP A and no further encroachment within the RP A.
(2) A water quality impact assessment shall be required for any proposed land
disturbance, development or redevelopment within resource protection areas in
accordance with section 110-85 and section 110-80(e).
(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 100-foot 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 100-foot buffer area shall be deemed to achieve a 75 percent reduction of
sediments and a 40 percent 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, 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:
Sec. 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 land disturbance, development or 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, as
determined by the zoning administrator in accordance with this section and
subsection 11O-80( e) .
This ordinance shall become effective as provided by law.
Planning Commission Public Hearing: November 13, 2006
City Council Public Hearing: December 12,2006
ADOPTED: December 12, 2006
Attest:
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Cit Clerk
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Date: 12111/~
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The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilmember Winter
Aye
Absent
Aye
Aye
Aye
Aye