§ 7. Performance standards.

(a)

Development resulting in or requiring a land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with the erosion and sediment control requirements set forth in sections 30-56 through 30-78 of the City Code.

(b)

On lots greater than or equal to one (1) acre in area and not served by the public sewer system, a reserve sewage disposal drainfield site with a capacity at least equal to that of the primary sewage disposal drainfield site shall be provided unless, in the judgment of the Virginia Beach Health District of the Virginia Health Department, the area of such lot is insufficient to accommodate such reserve drainfield site. On lots subject to the criteria for septic tank installation in poorly drained soils, a reserve sewage disposal drainfield site with a capacity no less than one-half of the primary sewage disposal drainfield site shall be provided unless, in the judgment of the Virginia Beach Health District of the Virginia Health Department, the area of such lot is insufficient to accommodate such reserve drainfield site. The construction or installation of any impervious surface shall be prohibited on the area of all sewage disposal drainfield sites, including reserve drainfield sites, until the property is served by the public sewer system.

(c)

Development in, or within fifty (50) feet of, any wetland or shoreline, except wetlands or shorelines established in connection with structural best management practice facilities, shall be prohibited; provided, however, that vegetation may be cleared for the establishment of access paths if such removal is undertaken in a manner which minimizes land disturbance and impacts to remaining vegetation and maintains the functional value of the fifty-foot area as a stormwater filter; and provided further, that water-dependent facilities may be located within such area. Public highways may be constructed in or across wetlands or shorelines or within fifty (50) feet thereof under the following conditions:

(1)

Any land-disturbing activity associated with such construction shall be in compliance with the erosion and sediment control requirements set forth in sections 30-56 through 30-78 of the City Code, or in the case of state agency projects, with such conservation plan or erosion and sediment control specifications as may be approved by the department of conservation and recreation;

(2)

There is no practicable alternative location which would have less adverse impact on wetlands or waters within the Southern Rivers Watershed, taking into consideration cost, existing technology, and logistics in light of overall project purposes; and

(3)

Appropriate and practicable measures are taken to minimize potential adverse effects of such construction, including any discharge of material associated therewith, on wetlands or waters within the Southern Rivers Watershed.

(d)

The following design criteria shall apply to the fifty-foot area described in subsection (c):

(1)

Such area shall consist of a mixture of indigenous evergreen and deciduous trees, grass and shrubs;

(2)

Trees and shrubs, which may be of seedling variety, shall be planted on ten-foot centers; and

(3)

Except as allowed in subsection (c), vegetation located in such area shall not be cleared, cut or mown.

(e)

The following additional performance standards shall be requirements of all development, except single-family dwellings or duplexes separately built and not part of a subdivision:

(1)

After development, runoff from the site shall be discharged in accordance with the stormwater quantity standards contained in the Stormwater Management Ordinance [Appendix D];

(2)

Measures ensuring compliance with the following design storm event criteria shall be incorporated:

Parcel Size	Design Storm Event
Less than 300 acres	10-year storm
300 to 500 acres	25-year storm
Greater than 500 acres	50-year storm

 

(3)

The natural hydrodynamic characteristics of the watershed shall be maintained to the greatest extent practicable.

(f)

The following additional performance standards shall be requirements of all development:

(1)

The quality of surface waters and groundwater shall be protected and, where practicable, enhanced;

(2)

Erosion during and after development shall be minimized;

(3)

Groundwater levels shall be protected;

(4)

The beneficial functioning of wetlands as areas for the natural storage of surface waters and the chemical reduction and assimilation of pollutants shall be protected;

(5)

The location, construction or design or structures in areas prone to flooding shall be undertaken in such manner as to meet the requirements of the Floodplain Ordinance (Appendix K);

(6)

Salt water intrusion shall be prevented or minimized;

(7)

Natural fluctuations in salinity levels in estuarine areas shall not be altered;

(8)

Land disturbance shall be minimized; and

(9)

Injury to plant and animal communities and adverse impacts upon fish and wildlife habitat shall be minimized.

(Ord. No. 2562, 9-14-99; Ord. No. 3315, 11-26-13; Ord. No. 3342, 4-22-14, eff. 7-1-14; Ord. No. 3370, 9-16-14)

(Ord. No. 2562, 9-14-99; Ord. No. 3315, 11-26-13; Ord. No. 3342, 4-22-14, eff. 7-1-14; Ord. No. 3370, 9-16-14)