§ 5.5-10. Plan of development.

Any development or redevelopment exceeding two thousand five hundred (2,500) square feet of land disturbance in the CBPA shall be accomplished through a plan of development process prior to any development preparation activities on site, such as clearing or grading of the site and the issuance of any building permit, to assure compliance with all applicable requirements of this chapter. The director may determine that some of the following information is unnecessary due to the scope and nature of the proposed development. The following plans or studies shall be submitted, unless otherwise provided for:

(1)

Site plans in accordance with the provisions of the zoning ordinance and site plan ordinance of this Code or subdivision plans in accordance with Chapter 15 of this Code.

(2)

Environmental inventory. An environmental inventory shall be submitted in conjunction with site plan or subdivision plan approval applications. This requirement may be modified by the director when the proposed use or development would result in less than five thousand (5,000) square feet of disturbed area.

a.

The environmental inventory shall be drawn to scale clearly delineating the following components:

1.

Tidal wetlands;

2.

Tidal shores;

3.

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or adjacent to water bodies with perennial flow;

4.

A 100-foot buffer area located adjacent to and landward of the components listed in subsections 1. through 3. above, and along both sides of any water body with perennial flow;

5.

Nontidal wetlands in the RMA;

6.

Hydric soils;

7.

Slopes twenty-five (25) percent or greater;

8.

Geographic extent of the RPA;

b.

Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

c.

The environmental inventory shall be drawn at the same scale as the preliminary site plan or subdivision plan, and shall be certified as complete and accurate by a person or firm according to the best available technical advice.

(3)

Clearing plan. A clearing plan shall be submitted and approved prior to site plan review and approval and shoreline stabilization project approval. No clearing or grading of any lot or parcel shall be permitted without an approved clearing plan. Clearing plans shall be prepared using the best available technical advice.

a.

Contents of the plan.

1.

The clearing plan shall be drawn to scale and clearly delineate the locations, size and description of existing and proposed plant material. All existing trees eight (8) inches or greater in diameter at breast height (DBH) and other woody vegetation on the site shall be shown on the clearing plan, or where there are groups of trees, and other woody vegetation, the woodlines of the group may be outlined instead. The specific number of trees eight (8) inches or greater in diameter at breast height and other woody vegetation to be preserved outside of the impervious cover and outside the groups shall be indicated on the plan. The trees and other woody vegetation to be removed, and woodlines to be changed to create desired impervious cover, shall be clearly delineated on the clearing plan.

2.

Any required buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this chapter, shall be shown on the clearing plan.

3.

Within the buffer area, trees and other woody vegetation to be removed for sight lines, vistas, access paths, and BMPs, as provided for in this chapter, shall be shown on the plan. Vegetation required by this chapter to replace any existing trees within the buffer area shall be also shown on the clearing plan.

b.

Plant specifications.

1.

All plant materials necessary to supplement the buffer area or vegetated areas outside the impervious cover shall be installed according to standard planting practices and procedures.

2.

All supplementary or replacement plant materials shall be living and in 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 Association of Nurserymen.

3.

Where areas to be preserved, as designated on an approved clearing plan, are encroached, replacement of existing trees and other vegetation shall be achieved at the discretion of the administrator.

c.

Maintenance.

1.

The applicant shall be responsible for the maintenance, repair, and replacement of all vegetation as may be required by the provisions of this chapter.

2.

In buffer areas and areas outside the impervious cover, plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season, as required by the provisions of this chapter.

d.

Installation and bonding requirements.

1.

Where buffer areas are required, no certificate of occupancy shall be issued until the installation of required plant material to establish or supplement the buffer is completed, in accordance with the approved clearing plan.

2.

When the occupancy of a structure is desired prior to the completion of the plan, a certificate of occupancy may be issued only if the applicant provides a form of surety satisfactory to the county attorney and the director in an amount equal to the costs of the remaining plant materials, related materials, and installation costs.

3.

All required plant material shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety may be forfeited.

(4)

Stormwater management plan. A stormwater management plan shall be submitted as part of the plan of development process required by this chapter and in conjunction with site plan or subdivision plan preliminary approval. To control stormwater runoff, structural and/or nonstructural BMPs shall be required for site plans with impervious cover exceeding sixteen (16) percent of site area and for subdivisions with lots of less than two (2) acres. BMP's shall be designed and constructed in accordance with guidelines established by the director. Performance assurances shall be provided that all BMPs required in plans of development shall be constructed to comply with the performance criteria set forth therein. The form of agreement and type of bond, letter of credit or other security shall be subject to the satisfaction of, and approval by, the county attorney. The amount of bond, letter of credit or other security and designated length of completion time shall be set by the director.

a.

Contents of the plan. At a minimum, the stormwater management plan shall contain the following:

1.

Location and design of stormwater control devices and BMPs.

2.

Procedures for implementing nonstructural stormwater control practices.

3.

Pre and post development nonpoint source pollutant loadings with supporting documentation of all utilized coefficients and calculations.

b.

The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities that includes all maintenance requirements and persons responsible for performing maintenance. If the designated maintenance responsibility is with a party other than Gloucester County, then a maintenance agreement shall be executed between the responsible party and the county.

c.

All engineering calculations must be performed in accordance with procedures outlined in the current edition of the Virginia Stormwater Management Handbook.

(5)

Erosion and sediment control plan in accordance with Chapter 7.5 of this Code.

(6)

Landscaping plan in accordance with site plan ordinance.

(7)

Final plan. Final site plan, plan of development, plat, plot, or final subdivision plans for all lands within CBPAs shall include the following information:

a.

Delineation of the RPA boundary;

b.

Delineation of required buffer areas;

c.

Delineation of RMA wetlands;

d.

Delineation of RMA boundary;

e.

All wetlands permits required by law;

f.

Delineation of slopes twenty-five (25) percent or greater;

g.

BMP maintenance agreement to ensure proper maintenance of BMPs in order to continue their functions;

h.

Plat or plan note providing that no land disturbance is allowed in the buffer area without review and approval by the director;

i.

Plat or plan note providing that on-site septic systems must be pumped out every five years, or that a certification must be submitted by a sewage handler permitted by the Virginia Department of Health that the septic system has been inspected, is functioning properly, and the tank does not need to have the solids pumped out;

j.

Plat or plan note providing that a 100% reserve drainfield is required for on-site sewage treatment systems; and

k.

Plat or plan note of the permissibility of only water dependent facilities or redevelopment in Resource Protection Areas, including the 100-foot wide buffer area.

(Ord. of 12-4-2012)

(Ord. of 12-4-2012)