§ 4003. Water quality impact assessment.

(a)

Purpose and intent. .....The purpose of the water quality impact assessment is to: i) identify the impacts of proposed land disturbance, development or redevelopment on water quality and lands in RPAs and other environmentally sensitive lands; ii) ensure that, where land disturbance, development or redevelopment does take place within RPAs and other sensitive lands, it will occur on those portions of a site and in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands; iii) protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high groundwater, erosion, or vulnerability to flood and storm damage; iv) provide for administrative relief from terms of this ordinance when warranted and in accordance with the requirements contained herein; and v) specify mitigation which will address water quality protection. There shall be two levels of water quality impact assessments: a minor assessment and a major assessment.

(b)

Applicability. .....A water quality impact assessment shall be required for any development or rezoning in the Chesapeake Bay Preservation Area which:

i.

Will disturb any portion of the one-hundred-foot buffer area of an RPA, or any component identified in subsection 3000(b)1.;

ii.

Contains ten (10) acres or more for any use, other than development of single-family detached residential lots;

iii.

Contains twenty-five (25) acres or more for the development of single-family detached residential lots; or

iv.

Any other development that may warrant such assessment due to unique characteristics of the site or intensity of the proposed use or development, as may be required by the zoning administrator.

(c)

Contents of the impact assessment. .....A minor assessment shall be required for circumstances described under section 4002(b)(2.a) and (2.b): The information required below shall be considered a minimum, unless the zoning administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land: The minor water quality impact assessment shall be provided on forms available through the zoning administrator, consistent with the requirements of this ordinance, and may be approved by the zoning administrator. The assessment shall include a site drawing to scale which shows the following:

(1)

Location of the components of the RPA, including the one hundred-foot buffer areas;

(2)

Location and nature of the proposed encroachment into the buffer area, including: type of paving material; areas of clearing or grading; location of any structures, drives, other impervious cover; and sewage disposal systems or reserve drain field sites;

(3)

Type and location of proposed best management practices to mitigate the proposed encroachment, if required;

(4)

Location of existing vegetation and re-vegetation areas as shown on the site drawing.

(d)

Contents of the major water quality impact assessment. .....The information required below shall be considered a minimum, unless the zoning administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land:

1.

A site plan, which shall at minimum, contain the following:

a.

Location of the components of the resource protection area, including the one-hundred-foot buffer area delineated in accordance with section 3001;

b.

Location and nature of the proposed encroachment 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 to mitigate the proposed encroachment;

d.

Location of existing vegetation on site, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification;

e.

Re-vegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control.

2.

A hydrogeological element that:

a.

Describes the existing topography, soils, and hydrology of the site and adjacent lands.

b.

Describes the impacts of the proposed development on topography, soils, hydrology, and geology on the site and adjacent lands.

c.

Indicates the following:

i.

Disturbance or removal of wetlands and justification for such action;

ii.

Disruptions or reductions in the supply of water to wetland, streams, lakes, rivers, or other water bodies;

iii.

Disruptions to existing hydrology including wetland and stream circulation patterns;

iv.

Source location of description of proposed fill material;

v.

Location of dredging and location of dumping area for such dredged material;

vi.

Estimation of pre- and post-development pollutant loads in runoff;

vii.

Estimation of percent increase in impervious surface on site, type(s) of surfacing material used;

viii.

Percent of site to be cleared for project;

ix.

Anticipated duration and phasing schedule of construction project;

x.

Listing of all requisite permits from all applicable agencies necessary to develop project.

d.

Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigative measures include:

i.

Additional proposed erosion and sediment control concepts beyond those normally required under subsection 4000(b)5. of this ordinance; these additional concepts may include the following: minimizing the extent of cleared area; perimeter controls; reduction of runoff velocities; measures to stabilize disturbed areas; schedule and personnel for site inspection.

ii.

When required, proposed stormwater management system for nonpoint source quality and quantity control in compliance with Chapter 14A of Isle of Wight County's Stormwater Management Ordinance.

3.

A vegetative element that:

a.

Identifies and delineates the location of all woody plant material on site, including all trees on site eight (8) inches or greater diameter at breast height or, where there are groups of trees, said stands may be outlined.

b.

Describes the impacts the development or use will have on the existing vegetation. Information should include:

i.

General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities;

ii.

Clear delineation of all trees and other woody vegetation which will be removed;

iii.

Description of all plant species to be disturbed or removed.

c.

Describes the proposed measures for mitigation. Possible mitigation measures include:

i.

Proposed design plan and replanting schedule for trees and other woody vegetation removed for construction, including a list of proposed plants and trees to be used;

ii.

Demonstration that the re-vegetation plan supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control;

iii.

Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overload flow benefits from such vegetation;

iv.

Demonstration that indigenous plants are to be used to greatest extent possible.

4.

In the case of a WQIA for shoreline and bank stabilization projects, the following items shall be required:

a.

Completion of the shoreline erosion control water quality impact assessment form, as provided by the zoning administrator and kept on file with the department of planning and zoning;

b.

An environmental assessment as follows:

i.

The environmental site assessment shall be drawn to scale and clearly delineate the environmental components identified in subsection 3000(b) of this ordinance;

ii.

Wetlands delineations shall be performed consistent with the procedures specified in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987," and updates as they become available;

iii.

The environmental assessment shall delineate the geographic extent of the resource protection area on the specific site or parcel as required under section 3001 of this ordinance;

iv.

The environmental assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat;

c.

A landscaping plan in accordance with subsection 5000(c), except that the plans may be submitted by any qualified professional, including shoreline contractors and nursery professionals;

d.

A stormwater management plan in accordance with Chapter 14A of the Isle of Wight County Code, as required by state code Section 62.1-44.15:55;

e.

An erosion and sediment control plan in accordance with Chapter 6 of the Isle of Wight County Code;

f.

Project construction plans shall be certified as complete and accurate by a professional shoreline engineer or other qualified professional, as determined by the zoning administrator, as well as a determination as to the necessity of the project.

5.

For phased projects, an updated WQIA shall be provided for each phase to the county planning and zoning department demonstrating the project's compliance with the criteria of the original WQIA. An updated WQIA shall be required until all phases of the project are complete.

(e)

Submission, review requirements, and evaluation procedure.

1.

Ten (10) copies of all site drawings and other applicable information as required by subsection c. above shall be submitted to the zoning administrator for review.

2.

All information required in this section shall be certified as complete and accurate by a professional engineer or certified land surveyor qualified to prepare such information.

3.

Upon receipt of a water quality impact assessment, the zoning administrator will determine if review by DEQ or any other state agency is warranted. The zoning administrator will incorporate any comments received from such a review into the final report, provided that such comments are received within ninety (90) days of the request.

4.

Upon receipt of a completed water quality impact assessment and receipt of all appropriate comments, the zoning administrator shall forward the information to the planning commission for consideration. For shoreline and bank stabilization projects and piers consistent with the provisions of this ordinance, the zoning administrator may grant administrative approval of the water quality impact assessment.

5.

The planning commission will determine whether or not the proposed development is consistent with the spirit and intent of this ordinance and make a recommendation to the board of supervisors based upon the following criteria:

a.

Within any RPA, the proposed development is water-dependent or redevelopment;

b.

The percentage of existing wetlands disturbed by the development. The number of square feet or acres to be disturbed;

c.

The development will not result in significant disruption of the hydrology of the site;

d.

The development will not result in unnecessary destruction of plant materials on site;

e.

Proposed erosion and sediment control concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation;

f.

Proposed stormwater management concepts are adequate to control the stormwater runoff for compliance with Chapter 14A of the Isle of Wight County Code;

g.

Proposed re-vegetation of disturbed areas will provide optimum erosion and sediment control benefits, as well as runoff control and pollutant removal equivalent of the full one-hundred-foot undisturbed buffer area;

h.

The design and location of any proposed drain field will be in accordance with the requirements of section 4000.

6.

The planning commission shall recommend additional mitigation where potential impacts have not been adequately addressed, subject to final approval or modification by the board of supervisors. Evaluation of mitigation measures will be made by the planning commission based on the criteria listed above and in subsection 5.

7.

The planning commission shall find the proposal to be inconsistent with the purpose and intent of this ordinance when the impacts created by the proposal cannot be mitigated, subject to final approval by the board of supervisors. Evaluation of the impacts will be made by the planning commission based on the criteria listed in subsection 5. (8-21-06; Ord. No. 2012-12-C, 10-18-12; 4-16-15; 6-15-17.)