§ 107. Plan of development process.

Any development or redevelopment in the Chesapeake Bay Preservation Area shall be accomplished through a plan of development process consistent with Section 15.2-2286(8) of the Code of Virginia. Approval shall be rendered for a plan prior to commencement of any land-disturbing activity on site or the issuance of any building permit. Plans and information required under this section may be coordinated or combined as deemed appropriate by the City Manager. All information required in this section shall be drawn to the same scale as the preliminary site plan or final subdivision plat, and certified as complete and accurate by persons duly licensed by the Commonwealth of Virginia to practice as such. Any applicant, or potential applicant, may confer with such departments and other agencies of the City as may be appropriate concerning a general development or redevelopment proposal before submission of an application. Such conference shall not be construed as an application for approval of such proposal.

(A)

General plan of development process. Except as otherwise provided herein, the plan of development process for any development or redevelopment in a Chesapeake Bay Preservation Area, except development or redevelopment requiring an administrative variance pursuant to Section 110(B), shall consist of the plans and information identified below:

(1)

A site plan or a subdivision plat which meets the requirements of the Site Plan Ordinance (Appendix C) or Subdivision Ordinance (Appendix B), as the case may be, and which clearly delineates the following environmental features:

(a)

Tidal wetlands;

(b)

Tidal shores;

(c)

Nontidal wetlands; the location and extent of which shall be determined in accordance with the procedures specified in the United States Corps of Engineers' Wetland Delineation Manual, Technical Report Y-87-1, January 1987, Final Report, and the Regional Supplement to the Army Corps of Engineers Wetland Delineation Manual; Atlantic and Gulf Coastal Plain Region ERDC/EL TR 10-20 as restricted by Section 103 of this Ordinance;

(d)

Highly erodible soils; and

(e)

A buffer area not less than one hundred (100) feet in width and located adjacent to and landward of:

1.

Any land comprised of highly erodible soils;

2.

Any land adjoining tidal wetlands, tidal shores, nontidal wetlands or highly erodible soils; and

3.

Any land adjoining both sides of any waterbodies with perennial flow.

(2)

A landscape plan which delineates or complies with the following:

(a)

The location, size, and description of existing and proposed plant material. All existing trees on the site of six (6) inches or greater diameter at breast height shall be shown. Where there are groups of trees, stands may be outlined instead. The specific number of such trees to be preserved outside or within the construction footprint shall be indicated on the plan. Trees and plants to be disturbed or removed to create a desired construction footprint shall be clearly delineated. A description of the proposed measures for mitigation shall include (i) a replanting schedule for trees and other vegetation removed for construction, including a list of plants and trees to be used; (ii) a demonstration that the design of the plan will preserve to the greatest extent possible any trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation; and (iii) a demonstration that existing plants are to be used to the greatest extent possible. If no mitigation or planting is required, existing trees may be delineated on the site plan or subdivision plat.

(b)

A delineation of any required buffer area and any plant material to be added to establish or supplement the buffer area.

(c)

Within the buffer area, a designation of the trees to be removed for sight lines, vistas, access paths and best management practices, and any vegetation replacing trees removed from the buffer area.

(d)

A designation of the trees to be removed for shoreline stabilization projects and any replacement vegetation.

(e)

A depiction of grade changes or other work adjacent to trees which would adversely affect them. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved.

(f)

A description of the limits of clearing of existing vegetation, based on all anticipated improvements, including buildings, drives, and utilities, and specifications for the protection of existing trees during clearing, grading, and all phases of construction.

(g)

All supplementary or replacement plant materials shall be in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Nursery and Landscape Association, and shall be installed according to standard planting practices and procedures.

(h)

Where areas to be preserved are encroached upon, replacement of existing trees and other vegetation shall be achieved at a ratio of three (3) trees planted to one (1) tree greater than six (6) inches diameter at breast height removed, or by such other measures as in the judgment of the City Manager will adequately compensate for the removal of such trees and other vegetation. Replacement trees shall be a minimum two (2) to two and one-half (2½) inches caliper at the time of planting.

(3)

A stormwater management plan containing maps, charts, graphs, tables, photographs, narrative descriptions, explanations, and supporting references. At a minimum, the stormwater management 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)

A long-term schedule for inspection and maintenance of stormwater management consistent with the Stormwater Management Ordinance (Appendix D).

(d)

A maintenance agreement as deemed necessary and appropriate by the City Manager to ensure proper maintenance of best management practices in order to continue their functions.

(e)

Predevelopment and postdevelopment nonpoint source pollutant loadings with supporting documentation of all utilized coefficients and calculations as outlined in the Stormwater Management Ordinance [Appendix D].

(f)

For stormwater management facilities, verification of structural soundness, which shall be certified by a professional engineer. All engineering calculations shall be performed in accordance with the Public Works Design Standards Manual and the current edition of the Virginia Stormwater Management Handbook and Virginia Beach Stormwater Management Ordinance.

(g)

Such additional elements as are required to be contained in a stormwater management plan for Chesapeake Bay land disturbing activities by the Stormwater Management Ordinance [Appendix D].

(4)

An erosion and sediment control plan meeting the requirements of the provisions of Article III of Chapter 30 of the Code of the City of Virginia Beach (City Code Sections 30-56 through 30-78).

(B)

Administrative variance plan of development process. Except as otherwise provided herein, the plan of development process for any use, development or redevelopment in a Chesapeake Bay Preservation Area requiring an administrative variance shall consist of a site plan meeting the applicable requirements of the Site Plan Ordinance (Appendix C), unless deemed unnecessary by the City Manager, which shall contain the plans and information identified below:

(1)

Limits of land disturbance and all areas of clearing, grading, accessways and staging areas.

(2)

Location of all approved existing and proposed septic tanks and drainfield areas, including reserve areas and the location of all existing and proposed wells and utilities.

(3)

Location of all erosion and sediment control devices.

(4)

A statement that excavation material from construction shall be disposed of in a lawful manner.

(5)

The total amount of impervious surface proposed for the site.

(6)

Specifications for the protection of existing trees and vegetation during clearing, grading and all phases of construction.

(7)

Revegetation schedule.

(8)

Best management practices.

(9)

Evidence that all applicable wetlands permits required by law have been obtained prior to authorization of grading or other on-site activities shall be provided.

(10)

Identification of the Resource Protection Area.

Additional information shall be requested and reasonable and appropriate conditions shall be imposed by the City Manager, if necessary, to preserve the purpose and intent of this Ordinance.

(C)

Water quality impact assessment. The purpose of a water quality impact assessment is to: (i) identify the potentially adverse impacts of proposed development on water quality and lands within Chesapeake Bay Preservation Areas; (ii) ensure that, where use, development or redevelopment takes place within Chesapeake Bay Preservation Areas, it will be located on those portions of a site and in a manner that will be least disruptive to the natural functions of Resource Protection Areas and other sensitive lands; and (iii) specify means to avoid, minimize or mitigate the impacts of development for water quality protection.

A water quality impact assessment shall be required (i) for any use, land disturbance, development or redevelopment within a Resource Protection Area; (ii) for any buffer area encroachment; (iii) for any variance provided for in Section 110 of this Ordinance; or (iv) where a water quality impact assessment is deemed necessary by the City Manager to evaluate the potential impacts of the use, development or redevelopment upon water quality or a Resource Protection Area by reason of the unique characteristics of the site or the intensity of the proposed use or development.

(1)

Administrative variance water quality impact assessment. The water quality impact assessment for any administrative variance shall include a site drawing to scale which shows the following, unless one (1) or more such elements shall, in the judgment of the City Manager, not be reasonably necessary in determining the impact of the proposed use, development or redevelopment:

(a)

Location of the components of the Resource Protection Area, including the buffer area.

(b)

Location and nature of the proposed development into the buffer area, 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.

(c)

Type and location of proposed best management practices.

(2)

The following elements shall be included in a water quality assessment for all uses, development or redevelopment which do not satisfy the requirements for an administrative variance, unless one (1) or more such elements shall, in the judgment of the City Manager, not be reasonably necessary in determining the impact of the proposed development or redevelopment:

(a)

A delineation of environmental features as set forth in Section 107(A)(1) of this Ordinance;

(b)

A landscape plan as set forth in Section 107(A)(2) of this Ordinance;

(c)

A stormwater management plan as set forth in Section 107(A)(3) of this Ordinance; and

(d)

A narrative that:

1.

Describes the existing topography, soil information, including depth to groundwater and infiltration rate where appropriate, surface and groundwater hydrology, wetlands on the site and, if necessary, drainage patterns from adjacent lands;

2.

Describes the impacts of the proposed development on topography, soils, surface and groundwater hydrology on the site and adjacent lands;

3.

Describes potential adverse impacts on wetlands;

4.

Indicates the source location and description of proposed excavation and fill material;

5.

Indicates, for any water-dependent activity, the location of, and potential adverse impacts upon, shellfish beds, submerged aquatic vegetation, and fish spawning and nursery areas;

6.

Lists all federal, state and local permits required for the development of the site; and

7.

Describes the proposed mitigation measures for the potential adverse hydrogeological impacts of the project.

(D)

Performance and bonding requirements.

(1)

No approved plans required by this Section shall be released until the applicant provides performance bonds or other form of surety acceptable to the City Attorney, provided, however, that when the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a building permit and certificate of occupancy may be issued if the applicant provides to the City of Virginia Beach a form of surety satisfactory to the City Attorney in an amount equal to the estimated cost of construction, related materials, and installation costs of the required landscaping or other specifications and maintenance costs for any required stormwater management facilities.

(2)

All required landscaping shall be installed as approved by the end of the first planting season following issuance of a certificate of occupancy or the surety shall be forfeited to the City.

(3)

All required stormwater management facilities or other specifications shall be installed and approved within eighteen (18) months of project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the City, which may also collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held.

(4)

After all required actions of the approved plan have been completed, the applicant shall submit to the City Manager a written request for a final inspection. If the requirements of the approved plan have been completed, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within sixty (60) days following the receipt of the applicant's request for final inspection.

(5)

Prior to the issuance of any grading, building or other permit for activities involving site development activities, the applicant shall furnish to the City a reasonable performance bond, cash escrow, letter of credit or other legal surety, or any combination thereof acceptable to the City Attorney, to ensure that measures may be taken by the City, at the applicant's expense, should he fail, after proper notice, within the time specified, to initiate or maintain appropriate conservation action which may be required of him as a result of his site development.

(Ord. No. 2006, 11-6-90; Ord. No. 2080, 7-9-91; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2267, 6-14-94; Ord. No 2473, 2-24-98; Ord. No. 2663, 10-23-01; Ord. No. 2790, 12-9-03; Ord. No. 2855, 12-7-04; Ord. No. 3341, 4-22-14, eff. 7-1-14; Ord. No. 3623, 6-16-20)

Editor's note— Ord. No. 2790, adopted Dec. 9, 2003, renumbered former § 110 of this appendix as § 107.

(Ord. No. 2006, 11-6-90; Ord. No. 2080, 7-9-91; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2267, 6-14-94; Ord. No 2473, 2-24-98; Ord. No. 2663, 10-23-01; Ord. No. 2790, 12-9-03; Ord. No. 2855, 12-7-04; Ord. No. 3341, 4-22-14, eff. 7-1-14; Ord. No. 3623, 6-16-20)

Editor's note

Ord. No. 2790, adopted Dec. 9, 2003, renumbered former § 110 of this appendix as § 107.