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 Virginia Beach
 Code of Ordinances
 Appendix F. CHESAPEAKE BAY PRESERVATION AREA ORDINANCE

  § 104. Areas of applicability.  

Latest version.

  • (A)

    The Chesapeake Bay Preservation Area Ordinance shall apply to all lands which are included in the Chesapeake Bay watershed within the City of Virginia Beach. Such lands are designated as Chesapeake Bay Preservation Areas on the Chesapeake Bay Preservation Area Map.

    (B)

    Resource Protection Areas shall include the following components:

    (1)

    Tidal wetlands;

    (2)

    Nontidal wetlands;

    (3)

    Tidal shores; and

    (4)

    A variable width buffer area not less than one hundred (100) feet in width.

    The variable width buffer area shall be located: (i) adjacent to and landward of the components listed in (1) through (3) above and (ii) along both sides of any water body with perennial flow. The variable width buffer area shall also include highly erodible soils where present and shall extend one hundred (100) feet landward of the landward limit of highly erodible soils.

    (C)

    Resource Management Areas shall consist of all lands within Chesapeake Bay Preservation Areas which are not designated as Resource Protection Areas. These lands, if improperly used or developed, have a potential for causing significant water quality degradation or for diminishing the functional value of the Resource Protection Area.

    (D)

    The Chesapeake Bay Preservation Area Map shall delineate the general locations of Resource Protection Areas and Resource Management Areas. The City Manager shall have the final authority in cases of uncertainty to determine the extent of Chesapeake Bay Preservation Areas by application of the criteria set forth in this section. Site-specific determination shall be made by or confirmed by the City for all proposed development.

    (E)

    If the area encompassed by a Chesapeake Bay Preservation Area includes a portion of a lot less than or equal to three (3) acres in size, the entire lot shall be subject to the requirements of this ordinance. Any lot subdivided after October 1, 1989 out of a lot lying partially within a Chesapeake Bay Preservation Area shall also be subject to the requirements of this ordinance.

    (Ord. No. 2006, 11-6-90; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2663, 10-23-01; Ord. No. 2790, 12-9-03; Ord. No. 2855, 12-7-04)

(Ord. No. 2006, 11-6-90; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2663, 10-23-01; Ord. No. 2790, 12-9-03; Ord. No. 2855, 12-7-04)