§ 4000. General performance standards.

(a)

Purpose and intent. .....The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Keeping impervious cover to a minimum enhances rainwater infiltration and effectively reduces stormwater runoff potential.

The purpose and intent of these requirements is also to implement the following objectives:

1.

Prevent a net increase in nonpoint source pollution from new development;

2.

Achieve a ten-percent reduction in nonpoint source pollution from redevelopment; and

3.

Achieve a forty-percent reduction in nonpoint source pollution from agricultural uses.

(b)

General performance standards for development and redevelopment in the Chesapeake Bay Preservation Area.

1.

Land disturbance shall be limited to the area necessary to provide for the proposed use or development.

a.

In accordance with an approved plan of development, the limits of clearing or grading shall be strictly defined by the construction footprint. The zoning administrator shall review and approve the construction footprint through the plan of development process. These limits shall be clearly shown on submitted plans and physically marked in the development site.

b.

Ingress and egress during construction shall be limited to one (1) access point, unless otherwise approved by the zoning administrator.

2.

Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the proposed use or development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook.

a.

Existing trees over eight (8) inches diameter at breast height (DBH) shall be preserved outside the approved construction footprint in accordance with the same standards established in subsection 4002(b)1.

b.

Site clearing for construction activities shall be allowed as approved by the zoning administrator through the plan of development review process outlined under section 5000 of this ordinance.

c.

Prior to clearing and grading, suitable protective barriers, like safety fencing, shall be erected five (5) feet outside the dripline of any tree or stand of trees to be preserved. Protective barriers shall remain throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.

3.

Development on slopes greater than fifteen (15) percent shall be prohibited unless such development is demonstrated to be the only effective way to maintain or improve slope stability.

4.

Land development shall minimize impervious cover consistent with the proposed use or development. Impervious coverage on any lot or parcel shall be limited to the lot coverage permitted under the zoning district requirements of said lot or parcel, but in no case shall exceed sixty percent (60%) of the total site.

5.

Notwithstanding any other provisions of this ordinance or exceptions or exemptions thereto, any land disturbing activity exceeding two thousand five hundred (2,500) square feet, including construction of all single-family houses, septic tanks and drainfields, but otherwise as defined in Section 62.1-44.15:51 of the Code of Virginia, shall comply with the requirements of the erosion and sediment control ordinance, Chapter 6 of the County Code. Enforcement for noncompliance with the erosion and sediment control requirements referenced in this criterion shall be conducted under the provisions of the Erosion and Sediment Control Law and attendant regulations.

6.

All development and redevelopment within RMAs and RPAs that exceeds two thousand five hundred (2,500) square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of section 5000 of this ordinance; or a subdivision plan in accordance with the subdivision ordinance; or a water quality impact assessment in accordance with section 4003 of this ordinance.

7.

All on-site sewage disposal systems not requiring a Virginia Pollution Discharge Elimination System (VPDES) permit shall be pumped out at least once every five (5) years. As an alternative to the pump-out every five (5) years, there shall be the option of having a septic effluent filter installed and maintained in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. Such a filter should satisfy standards established in the Sewage Handling and Disposal Regulations (12 VAC 5-610) administered by the Department of Health. Furthermore, in lieu of requiring proof of septic tank pump-out every five (5) years, there shall be the option to submit documentation every five (5) years, certified by an operator or on-site soil evaluator licensed or certified under Chapter 23 (Section 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, maintain or design on-site sewage systems, that the septic system has been inspected, is functioning properly, and that the tank does not need to have the effluent pumped out.

8.

A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided, in accordance with the Isle of Wight County Health Code. This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, when a reserve sewage disposal site is not available, as determined by the local health department. Building or the construction of any impervious surface shall be prohibited on the area of all sewage disposal sites or on an on-site sewage treatment system which operates under a permit issued by the state water control board, until the structure is served by public sewer.

9.

For any use or development exceeding two thousand five hundred (2,500) square feet of development within Isle of Wight County's Chesapeake Bay Preservation Area, stormwater runoff shall be controlled by the use of best management practices consistent with requirements of Section 9 VAC 25-870-51 and 9 VAC 25-870-103 of the Virginia Stormwater Management Regulations and Chapter 14A of Isle of Wight County's Stormwater Management Ordinance.

10.

Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the zoning administrator, in accordance with section 5000, of this ordinance.

11.

Land upon which agricultural activities are being conducted shall undergo a soil and water quality conservation assessment. Such assessments shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is accomplished consistent with this ordinance. (8-21-06; 5-15-08; 3-20-14; 4-16-15; 6-15-17.)