§ 3001. Delineation and interpretation of boundaries.

(a)

The site-specific boundaries of the Resource Protection Area shall be provided by the applicant. The applicant shall delineate specific boundaries of the RPA through the performance of an environmental site assessment to be approved by the Zoning Administrator in accordance with section 5000(b) of this ordinance.

1.

Delineation of the RPA shall include the designation of perennial water bodies by use of a scientifically valid system of in-field indicators of perennial flow or other means approved by the zoning administrator. The site-specific delineation of the RPA shall be undertaken by the applicant and approved by the zoning administrator.

2.

All components included in the Resource Protection Area (subsection 3000(b)1. above) shall be delineated separately, and shall be prepared by a person trained, qualified and experienced in performing wetland delineation work, such as an environmental engineer, environmental scientist, soil scientist, biologist or geologist.

3.

Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987, and shall be verified by the U. S. Army Corps of Engineers, where it determines it has jurisdiction.

4.

The Chesapeake Bay Preservation Area Maps may be used as a guide to the general location of Resource Protection Areas, but shall not be a substitute for an on-site delineation.

5.

This requirement may be waived by the zoning administrator when the proposed use or development and all associated land disturbing activities will clearly be located outside of a Resource Protection Area, based on an evaluation by the Zoning Administrator and after referral to the board of supervisors.

6.

Delineations shall be valid for a period of five (5) years.

B.

Where the applicant has provided a determination of the Resource Protection Area, the Zoning administrator shall inspect the site and verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the zoning administrator may consider previously submitted delineations and materials and consult with qualified specialists, including any private, state or federal resources available to the county. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of subsection 5000(h) (Denial/appeal of plan).

(c)

If the boundaries of the Resource Management Area includes only a portion of a lot, parcel, or development project, the entire lot, parcel, or development project shall comply with the requirements of this ordinance. The division of property shall not constitute an exemption from this requirement. (8-21-06.)