Chesapeake Bay Preservation Area

CBPA Guidelines

Chesapeake Bay Preservation Area (CBPA) Guidelines
Table of Contents, Resources and complete Guidelines below.

Chesapeake Bay Preservation Area (CBPA) Guidelines
      Download & print complete 16-page document -- 147 kb

CBPA Applications

CBPA Exception Application

Pre-exiting Lot CBPA Application

Non-Conforming Uses Application

Water Dependent Structure Application

Wetland Restoration Application

Appeal Application

Chesapeake Wetlands/CBPA Public Hearing Board Schedule

& Administrative CBPA Review Committee Schedule

2004 Schedules

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Chesapeake Bay Preservation Area (CBPA) Guidelines
Instructions and procedures for all development
located within the CBPA Overlay District

Effective December 31, 2003

Purpose

Delineation of the Resource Protection Area (RPA)

RMA (Resource Management Area) -only development process

RPA (Resource Protection Area) development process

Types of CBPA Encroachments within the RPA buffer

1.   CBPA Exceptions    
2.   CBPA Pre-Existing Lots (Grand-fathering)     
3.   Intensely Developed Area (IDA) Encroachments
4.   CBPA Exemptions
5.   Agricultural Lands
6.   Wetlands Restoration Activities
7.   Water Dependent Facilities
8.   Redevelopment Activities
9.   Roads and driveways
10. Non-conforming Uses, Buildings and Structures

CBPA Appeals

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RESOURCES

Chesapeake Bay Preservation Area Ordinance Specifications Manual - 57 kb

CBPA Ordinance- 152 kb

MAP - Intensely Developed Areas 3,716kb

MAP - CBPA Areas 829 kb

City presents CBPA maps at ESRI International
GIS User Conference, Map Gallery
July 2003 - San Diego, CA
Rebecca Benz, Planning Department GIS Analyst
Click on image for larger view

Chesapeake Bay Preservation Area (CBPA) Guidelines
          Download & print 16-page document -- 124 kb

OTHER CBPA RESOURCES & LINKS

Resource Management Areas (RMA's) include those lands contiguous to the inland boundary of the RPA which have a potential for degrading water quality or diminishing the functional value of the RPA, if not properly managed. The RMA is shown on the CBPA map and includes, but is not limited to, the following land use categories: floodplains, highly erodible soils, including steep slopes, highly permeable soils; and non-tidal wetlands not included in the RPA.

 

The Intensely Developed Area (IDA) is a designated redevelopment area of the city which incorporates portions of the RPA and RMA. The IDA as displayed on the IDA Map includes areas in which development was concentrated as of January 21, 1992, so that little of the natural environment remains, and where at least one of the three conditions as described in Section 26-516.E of the Chesapeake City Code existed as of that date.

RPA's and RMA's shall be delineated by an applicant for land disturbance, development or redevelopment on properties located within the CBPA District. The CBPA District boundaries are shown as approximate on the CBPA Map and may vary slightly from the actual location on the ground. In some cases, the property owner may request that the Planning Department delineate these areas, assuming there is sufficient information on which to base a decision.

Development of any kind shall not occur in an RPA unless it is water dependent meeting the requirements in Section 26-519.C of the Chesapeake City Code, constitutes redevelopment outside of the IDA meeting the requirements in Section 26-519.D of the Chesapeake City Code, development or redevelopment activities within the IDA meeting the requirements in Section 26-519.E of the Chesapeake City Code, roads or driveways meeting the requirements in Section 26-519.F of the Chesapeake City Code, bona fide agricultural activities conducted on agricultural lands meeting the requirements in Section 26-519.H of the Chesapeake City Code, or wetlands restoration activities in the CBPA District meeting the requirements in Section 26-519.I of the Chesapeake City Code.

The purpose of the Chesapeake Bay Preservation Area Overlay District is:

Protect existing high quality state waters. Restore all other degraded state waters. Safeguard waters from pollution. Prevent increase in pollution. Reduce existing pollution. Promote water resource conservation for the citizens of Chesapeake.

 

 

 

 

 

 

Delineation of the Resource Protection Area (RPA):
The RPA delineation is required for all development within the Chesapeake Bay Preservation Area District. Two methods are to be utilized for all RPA delineations within the City of Chesapeake. For all tidal areas, the RPA shall be measured from the four-foot (4’) elevation mark, based upon 1929 National Geodetic Survey (NGS) vertical datum, 1972 adjustment. The RPA delineation shall follow this four-foot elevation line and the 100-foot buffer shall be measured from that line. For all non-tidal areas shall, the RPA shall be measured from the toe of bank. The RPA delineation shall follow the toe of bank line and the one-hundred (100) foot buffer shall be measured from that line.

The delineation of the RPA shall also include any necessary determinations of “perennial water bodies,” using the most recent U.S. Geological Survey (71/2 minute topographic quadrangle map (sale 1:24.000)); or scientifically valid system of field indicators of perennial flow, approved by the City Manager’s Designee. The determination shall also conform with CBLAB regulations and guidance documents.

The RMA area is the area adjacent to the RPA, as designated on the CBPA Map adopted by City Council. The RMA area must be delineated on the site plan for all development within the CBPA District.

All lots greater than 12,000 square feet in total lot area created by recordation of a subdivision plat on or after March 1, 2002, shall have at least seventy-five (75%) of the required lot area located landward of the RPA one hundred (100) foot buffer. All lots 12,000 square feet or less in total lot area created by recordation of a valid subdivision plat on or after March 1, 2002 shall have at least eighty percent (80%) of the required lot area located landward of the RPA one hundred (100) foot buffer. In no event shall lot area reductions given for open space dedication under section 19-700 et seq. of the Zoning Ordinance be applied to lots located wholly or partially in the RPA.

Any development occurring within the Resource Protection Area (RPA) of the CBPA District, or if there is question as to whether it is located within the RPA or not, must be checked by the designated CBPA Planners and will usually require CBPA Review Committee approval. If the designated CBPA Planners are not available, the applicant will fill out one of the CBPA Submittal forms and will be scheduled to be heard by the CBPA Review Committee, if necessary, as posted on the Chesapeake Wetlands/CBPA Board or Administrative CBPA Review Committee schedule.

RMA-only development process:
All development occurring within the Chesapeake Bay Preservation Area (CBPA) requires confirmation by the designated CBPA Planners, located in the Chesapeake Department of Planning. When an applicant comes into the Department for a CBPA sign off, the first procedure will be to confirm whether or not the property is in the CBPA district. That planner will then check to see if the development for that subject property will be occurring solely within the Resource Management Area (RMA) of the CBPA. If that development is occurring solely within the RMA, the designated planner can approve the issuance of a building permit administratively, at that time for the Planning Department section of the permit. The building permit will be conditioned on a requirement for a 20% tree canopy coverage, with a cap of 20 large canopy trees for single-family residential lots, 15% tree canopy coverage (no cap allowed) for townhouse and multi-family projects and a 10% tree canopy coverage (no cap allowed) for commercial or industrial sites. Approval from the Department of Public Utilities, Department of Public Works and the Inspections Department must be obtained as well, if applicable.

1. All RMA development can be approved by the Planning Department staff, Pubic Works Department, Public Utilities Department and the Inspections Department, including the RMA canopy coverage requirements. There is an RMA Canopy Requirement form, which will provide the number of required canopy trees, six to eight feet tall at planting, for the development, and will be given to the applicant with the approved plan. The required number of trees must be installed or preserved on site and will be inspected, prior to a certificate of occupancy. A survey or site plan is required by the Planning Department, which will provide the location of the proposed development and the RMA buffer area. A CBPA stamp, along with the required number of canopy trees, will be placed on all CBPA plans.

The RMA landscaping requirement is a 20% tree canopy coverage, with a cap of 20 large canopy trees for single-family residential lots, 15% tree canopy coverage (no cap allowed) for townhouse and multi-family projects and a 10% tree canopy coverage (no cap allowed) for commercial or industrial sites. This canopy coverage is determined by using the square footage of the lot for development or the square footage of any addition as it encroaches into the RMA, multiplying that number by 0.2 (20%) or 0.15 (15%) or 0.1 (10%) and then dividing by 400 (canopy coverage of a large canopy tree). Tidal and sub-aqueous areas will be excluded from the lot area calculations. Existing trees located on the site, at least six to eight feet tall, that will be preserved can be counted towards meeting the 20%, 15% or 10% canopy coverage requirement. This number will be the number of trees required for planting, at least six to eight feet tall at planting, within the RMA.




Natural growth of understory and groundcover shall also be preserved to form tropic layers of vegetation in accordance with CBLAB Regulations and Guidance Documents.
Example: A 15,000 square foot lot for a single-family residence on a lot within the RMA would require 8 trees. Take 15,000 x 0.2 = 3,000 / 400 = 8.

 

 

 

2. A determination will be made as to whether the site lies within an already master planned area with respect to stormwater quality, through the Department of Public Works. If the site is not part of an existing approved CBPA plan, pollutant loadings will be assessed. If the pollutant loading exceeds the allowable for its watershed based upon the default impervious area, then a CBPA site plan with analysis will be required. This plan must be prepared by a Professional Engineer or a Certified Land Surveyor then submitted to Public Works for review. This plan must incorporate all landscape requirements and erosion and sediment control measures. Five sets of the plan are to be submitted to the Public Works Department, for review.

3. All single family structures and any land disturbing activity exceeding 2,500 square feet will be required to comply with the requirements of Chapter 26, Article III of the City Code entitled “Erosion and Sediment Control” (E&S). The permits engineer in the Public Works Department will check for compliance to these regulations. If a BMP plan is required, the E&S plan will be reviewed with the BMP plan submittal.

4. CBPA approval by the Planning Department does not negate authorization from all other appropriate regulatory agencies.

RPA development process:
Chesapeake Bay Preservation Area Review Committee has been formed to review development within the CBPA District. The Committee has made the determination that development solely located within the RMA can be approved administratively in the Planning Department. Any development within the Resource Protection Area (RPA), of the CBPA not previously grand-fathered and those areas which cannot be determined using the materials available in the office will be required to be reviewed by the CBPA Review Committee. This committee meets the first and third Tuesdays at 9:30 a.m. in the Planning Department conference room. The CBPA Review Committee makes recommendations to the Planning Department Director, or other approval authority and to the Chesapeake Wetlands/CBPA Board.

The following procedures have been implemented by the CBPA Review Committee:

1. The deadline for submitting plans to be reviewed by the committee is five p.m. on the previous week’s Monday prior to the scheduled Tuesday meeting (for example, the CBPA Review Committee meeting scheduled for January 20, 2004 would have a submittal deadline of January 12, 2004 – please see CBPA Schedule). The following are the required submittals:

a) A site plan or plat of the property including an environmental site assessment, landscape plan and stormwater management plan, according to Article X of the Chesapeake City Code (including CBPA calculations in accordance with the Chesapeake City Code and the requirements as set forth in the Chesapeake Public Facilities Manual if applicable), prepared by a certified surveyor or engineer, drawn to scale and not reduced, showing all proposed structures, including areas to be filled, graded, excavated or cleared, buildings, porches, stoops, steps, bay windows, roof overhangs, decks and/or patios, pools accessory structures, sidewalks, driveways, trails, parking, landscape areas, Best Management Practice (BMP) areas, location of the silt fence, topography lines (as well as the vertical datum utilized), wetland (both tidal and non-tidal) areas, wooded areas (including trees to be removed and trees to be protected), all bodies of water, and all other structures and features located on the site. The limits of disturbance shall be clearly delineated. If the site has been previously developed, provide the existing conditions on the site as well as the proposed new development. If existing structures or other impervious areas are to be removed, note that they will be removed on the site plan. Please clearly distinguish between existing conditions and the proposed new development.

b) The building permit application, if applicable.

c) A water quality impact assessment as required by Section 26-523 of the Chesapeake City Code, which identifies the impacts of the proposed exception on water quality and on lands within the Resource Protection Area (RPA).

d) All CBPA Exceptions require submittal of twenty (20) copies of the completed CBPA Exception application, twenty (20) copies of a site plan, survey or plat (as listed in subsection “a” above), twenty (20) copies of a water quality impact assessment meeting the requirements of Section 26-527 of the Chesapeake City Code (See CBPA Exception section, below), including CBPA calculations, in accordance with the Chesapeake City Code and the requirements as set forth in the Chesapeake Public Facilities Manual.

e) Contact information for the applicant who is submitting the CBPA plans.

2. The RPA landscaping requirement is a 50% canopy coverage. This canopy coverage is determined using the square footage of the lot for development or the square footage of any addition, multiplying that number by 0.5 (50%) and then dividing by 400 (canopy coverage of a large canopy tree). Tidal and sub-aqueous areas will be excluded from the lot area calculations. This number will be the number of trees required for planting within the RPA, six to eight feet tall at planting. Existing trees located on the site, at least six to eight feet tall, that will be preserved can be counted towards meeting the canopy coverage requirement. Natural growth of understory and groundcover shall also be preserved to form tropic layers of vegetation in accordance with CBLAB Regulations and Guidance Documents. Example: A 15,000 square foot lot for a single-family residence on a lot within the RMA would require 19 trees. Take 15,000 x 0.5 = 7,500 / 400 = 19.

3. A determination will be made as to whether the site lies within an already master planned area with respect to stormwater quality, through the CBPA Review Committee. If the site is not part of an existing approved CBPA plan, pollutant loadings will be assessed. If the pollutant loading exceeds the allowable for its watershed based upon the default impervious area, then a CBPA plan with analysis will be required. This plan must be prepared by a Professional Engineer or a Certified Land Surveyor. This plan must incorporate all landscape requirements and erosion and sediment control measures. The Planning Department will route the CBPA plan with analysis to the Public Works Department.

4. Lots which include portions of the RMA and RPA will be broken into that
portion of the lot within the RMA/RPA and the percentage of each will be multiplied by 10%, 15%, 20% or 50% of the square footage of the lot for development or the square footage of any addition, accordingly. Similarly, only those portions of additions that encroach into the RMA/RPA will be used to calculate the canopy coverage. That number will then be divided by 400(canopy coverage of a large canopy tree). Tidal and sub-aqueous areas will be excluded from the lot area calculations. This number will be the number of trees required for planting within the RMA or RPA buffer area, minimum of six to eight feet tall at planting. Natural growth of understory and groundcover shall also be preserved to form tropic layers of vegetation in accordance with CBLAB Regulations and Guidance Documents.

5. CBPA projects are required to have a CBPA stamp on all surveys, site plans or plats. The required number of canopy trees is to be written underneath the CBPA stamp on all surveys, site plans or plats.

6. All CBPA development within the RPA, those areas which cannot be clearly determined with the materials found in the Planning Department, all CBPA exceptions, preliminary subdivisions, preliminary site plans, conditional use permits and rezonings located within the CBPA District will be reviewed by the CBPA Review Committee. The Committee votes on these items and a recommendation is made as whether to grant the request as submitted, grant the request with stipulations, or to deny the request.

7. All projects requiring a CBPA exception application will be scheduled for public hearing in front of the Chesapeake Wetlands/CBPA Board. The CBPA Review Committee will make a recommendation to that board for all projects. Please see “Chesapeake Wetlands/CBPA Board Schedule” for more detail.

8. All lots greater than 12,000 square feet in total lot area created by recordation of a subdivision plat on or after March 1, 2002, shall have at least seventy-five (75%) of the required lot area located landward of the RPA 100-foot buffer. All lots 12,000 square feet or less in total lot area created by recordation of a valid subdivision plat on or after March 1, 2002 shall have at least eighty percent (80%) of the required lot area located landward of the RPA 100-foot buffer.

Types of CBPA Encroachments within the RPA buffer:

1. CBPA Exceptions: When an applicant can demonstrate that the application of the Chesapeake Bay Preservation Area (CBPA) ordinance to a lot or parcel located within the CBPA District would unreasonably restrict the utilization of the property under its current zoning classification, a CBPA Exception application can be submitted to the Planning Department. All prohibited development within the Resource Protection Area (RPA) of the CBPA District shall require submittal of a CBPA Exception application. The requested exception will be scheduled for the Chesapeake Wetlands/CBPA Board, which is a public hearing board. Please see “CBPA Exception Application” for more details.

CBPA Exception Application

The exception request shall identify the impacts of the proposed exception on water quality and on lands within the RPA through the performance of a water quality impact assessment, which complies with the provisions of Section 26-523 of the Chesapeake City Code.

An exception cannot be granted unless specific findings are made. There are six (6) findings, according to Section 26-527 of the Chesapeake City Code. An exception shall not be granted unless all of the following specific findings are made:

1. The requested exception to the criteria is the minimum necessary to afford relief;
2. Granting the exception will not confer upon the applicant any special privileges that are denied by this ordinance to other property owners who are subject to its provisions and who are similarly situated;
3. The exception request is in harmony with the purpose and intent of the CBPA ordinance and is not of substantial detriment to water quality;
4. The exception request is not based upon conditions or circumstances that are self-created or self-imposed;
5. Reasonable and appropriate conditions are imposed, as warranted, to prevent the proposed activity from causing degradation of water quality;
6. Other findings and conditions, as appropriate and required by the Wetlands/CBPA Board, are met.

If the required findings cannot be made, the requested exception may not be granted. The CBPA Review Committee votes on the exception request and a recommendation is made as whether to grant the request as submitted, grant the request with stipulations, or to deny the request. The CBPA Review Committee will make findings and recommendations to the Wetlands/CBPA Board, as appropriate, for CBPA exception requests involving building permits, preliminary major subdivision plans, preliminary site plans, rezonings and conditional use permits.

An exception that is denied or approved with conditions cannot be refiled with the city for one year after such denial or conditional approval, unless the City Manager’s Designee determines the new application significantly reduces the extent of the encroachment.

All exceptions granted by the Wetlands/CBPA Board shall expire two years from the date of issuance unless the use, building or structure is completed within the two year period or unless extended by the CBPA Board.

2. CBPA Pre-Existing Lots (Grand-fathering):

A) Buffer Equivalency - Encroachment into the landward fifty (50) feet of the 100 foot RPA buffer for lots created by recordation of a valid subdivision plat prior to March 1, 2002, provided that the landowner is able to show 1) the encroachment into the landward fifty (50) feet of the 100 foot RPA buffer has been approved by the Department of Public Works as part of a valid final site plan or final subdivision plan approved prior to March 1, 2002; 2) if the prior approval of the encroachment included the use of a best management practice (BMP), the BMP continues to function effectively or will be re-established, repaired and maintained as necessary to ensure that it will function effectively , as determined by the Department of Public Works; 3) the encroachment is the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities, as determined by the Director of Planning or designee; 4) where practicable, a vegetated area greater than or equal to the area of encroachment will be established on the lot to maximize water quality protection and mitigate the effects of the encroachment, as determined by the Director of Planning or designee; 5) the encroachment does not extend into the seaward fifty (50) feet of the buffer area. The criteria in 1) and 2) above may be satisfied by written certification by the Department of Public Works that prior approval of the buffer encroachment has been given based on the location of appropriate best management practices landward of the 100 foot RPA buffer area as necessary to collectively achieve water quality protection, pollutant removal and water resource conservation at least the equivalent of the full 100 foot RPA buffer area and that where established, the approved BMP continues to function effectively.

CBPA Buffer Equivalencies are reviewed administratively by Christine Early or Amy Ring. Numbers 1 through 5 above must be met. These cannot be signed-off by the Planner on Duty (POD). The applicant receives a letter from Planning, written certification from the Department of Public Works and the canopy coverage, or landscaping requirements.

B) Pre-Recorded Lot – When the preservation of the 100-foot RPA buffer area will result in the loss of a buildable area on a lot or parcel recorded prior to January 21, 1992, the CBPA Review Committee may permit encroachments in the buffer area in accordance with the following criteria: 1) encroachments into the buffer area shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities, as determined by the CBPA Review Committee; 2) where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and equal the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel; and 3) the encroachment may not extend into the seaward fifty (50) feet of the buffer area.

CBPA Pre-Existing Lot Application

3. Intensely Developed Area (IDA) Encroachments:

Redevelopment and development activities within the IDA shall be permitted in the RPA only under the following conditions:

A) The activity complies with the performance standards in section 26-521 of this ordinance; and

B) A ten percent (10%) reduction in the post-development nonpoint source pollution load is achieved. The CBPA Review Committee may waive or modify this requirement for sites that originally incorporated best management practices (BMPs) for stormwater runoff quality control, provided that all of the following provisions are satisfied:
1) The approved BMPs are designed, constructed and maintained to prevent any net increase in nonpoint source pollution runoff load exceed the pre-development load. 2) Runoff pollution loads must have been calculated and the BMPs selected for the express purpose of controlling nonpoint source pollution. 3) If BMPs are structural, a professional engineer certifies to the city that the facilities are currently functioning and performing at the designed

C) Approval is obtained from the CBPA Review Committee, as provided in Section 26-518 of the Chesapeake City Code.

4. CBPA Exemptions:

Exemptions may be granted by the CBPA Review Committee upon submittal of a complete application and determination that all conditions listed here or otherwise imposed will be met. The types of exemptions, which would allow encroachment into the RPA buffer are as follows:

A) Public utilities, railroads, public roads and other facilities may be granted exemptions for the following:

1. Construction, installation, operation, and maintenance of public roads; electric, natural gas, fiber-optic, cable and telephone transmission lines; and railroads, including appurtenant structures, in accordance with the following requirements:

a. A water quality impact assessment is submitted and meets the evaluation criteria in section 26-523 above;

b. Appurtenant structures shall include, but are not limited to, bridges, culverts, guard rails, drainage facilities, lighting and traffic control devices, fences and berms, as approved by the CBPA Review Committee.

2. Construction, installation and maintenance of water, sewer, natural gas, underground telecommunications, and cable television lines owned or permitted by a local government or regional service authority shall be exempt without meeting the requirements in subsection 26-526.B.1. above, provided that:

a. To the degree possible, such utilities and facilities are located outside the RPA;

b. No more land is disturbed than necessary to provide for the proposed utility installation;

c. All construction, installation, and maintenance of such utilities and facilities are in compliance with all applicable state and federal requirements and permits and designed and conducted in a manner that protects water quality; and

d Any land disturbance that exceeds an area of 2,500 square feet complies with the erosion and sediment control ordinance in chapter 26 of the Chesapeake city code, including regulations adopted thereunder, and with the Chesapeake Public Facilities Manual.

B) Qualifying silvicultural activities may be granted from the requirements of the CBPA Ordinance, provided that such activities adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the January 1997 Edition of “Forestry Best Management Practices for Water Quality in Virginia.”

C) The following land disturbances may also be exempt from the requirements of this ordinance: (i) water wells; (ii) passive recreation facilities such as boardwalks, trails and pathways; and (iii) historic preservation and archaeological activities, provided that the applicant demonstrates to the satisfaction of the CBPA Review Committee that:

1. Any required permits, except those to which the requested exemption specifically applies, have been issued;

2. Sufficient and reasonable proof is submitted that the intended use or development will not degrade water quality;

3. The intended land disturbance, use, or development or redevelopment does not conflict with adjacent and nearby planned, approved or existing developments or uses;

4. Any land disturbance exceeding an area of 2,500 square feet complies with the city's erosion and sediment control ordinance in chapter 26 of the Chesapeake city code, including regulations adopted thereunder and with the Chesapeake Public Facilities Manual; and

5. Review and approval has been given by the CBPA Review Committee. All exemptions are reviewed by the CBPA Review Committee to ensure compliance with the different standards applied to each exemption. A Water Quality Impact Assessment is required for almost any exemption along with a site plan and required canopy coverage or landscaping.

All exemptions are reviewed by the CBPA Review Committee to ensure compliance with the different standards applied to each exemption. A Water Quality Impact Assessment is required for almost any exemption along with a site plan and required canopy coverage or landscaping.

CBPA Water Dependent Structure Application

 

5. Agricultural Lands:

On agricultural lands, the one hundred (100) foot buffer area shall be managed to prevent runoff and appropriate measures taken to prevent noxious weeds from invading the vegetation. Encroachments into the agricultural one hundred (100) foot buffer area may be permitted by the City Manager's Designee only as follows:

A) Agricultural activities may encroach into the landward fifty (50) feet of the 100 foot buffer when at least one agricultural best management practice which, in the opinion of the Virginia Dare Soil and Water Conservation District Board, addresses the more predominant water quality issue on the adjacent land erosion control or nutrient management is being implemented on the land adjacent to the buffer, provided that the combination of the undisturbed buffer area and the BMP achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the one hundred (100) foot buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil tests, must be developed consistent with the Virginia Nutrient Management Training and Certification Regulations administered by the Virginia Department of Conservation and Recreation.

B) Agricultural activities may encroach within the landward seventy-five (75) feet of the one hundred (100) foot buffer area when agricultural BMPs which address erosion control, nutrient management, and pest chemical control practices must be sufficient to prevent erosion from exceeding the soil loss tolerance level, referred to as “T,” as defined in the “National Soil Survey Handbook” of November 1996, in the “Field Office Technical Guide” of the U. S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil tests, must be developed, consistent with the Virginia Nutrient Management Training and Certification Regulations administered by the Virginia Department of Conservation and Recreation. In conjunction with the remaining buffer area, this collection of BMPs shall be presumed to achieve water quality protection at least the equivalent of that provided by the one hundred (100) foot buffer area.

C) The one hundred (100) foot buffer area is not required adjacent to agricultural drainage ditches having perennial flow if at least one best management practice (BMP) is installed which, in the opinion of the Virginia Dare Soil and Water Conservation District Board, addresses the more predominant water quality issue on the land adjacent to the ditch, either by erosion control or nutrient management.

6. Wetlands Restoration Activities:

Wetlands restoration activities may be permitted in the CBPA District, provided that all of the following criteria are met:

A) The facility has received preliminary or final approval from state, local and federal agencies;

B) The facility is designed to enhance or protect water quality through the restoration or preservation of wetlands;

C) The facility is not a BMP; and

D) Approval is obtained from the CBPA Review Committee as provided in Section 26-518 of the Chesapeake City Code.

Wetland Restoration Application

 

7. Water Dependent Facilities:

A water dependent facility means development of land that cannot exist outside of the Resource Protection Area (RPA) and must be located on the shoreline by reason of the intrinsic nature of the proposed activity or use. These facilities include but are not limited to, (i) ports; (ii) the intake and outfall structures of power plants, water treatment plants and storm sewers; (iii) marinas and other boat docking structures; (iv) beaches and other public water-oriented recreation areas; (v) public observation decks; (vi) fisheries or other marine resource facilities; and (vii) shoreline protection measures; all as approved by the CBPA Review Committee.

An encroachment cannot be granted for water dependent facilities unless specific criteria are met. There are five (5) criteria, according to Section 26-518.C of the Chesapeake City Code. The CBPA Review Committee must determine that the five criteria are met. The five criteria are as follows:

A) The facility does not conflict with the Comprehensive Plan;

B) The facility complies with the performance standards set out in the CBPA ordinance, including without limitation, buffer standards for shoreline erosion control projects in Section 26-520.B.7.c.(1)(d) of the ordinance;

C) Any non water-dependent component of the facility is located outside the RPA;

D) Access to the water-dependent facility is provided with the minimum amount of land disturbance necessary, as determined by the CBPA Review Committee. Where practicable, access shall be limited to a single point of access; and

E) Approval is obtained through the CBPA Review Committee, as provided in Section 26-518 of the ordinance.


Water Dependent Structure Application

8. Redevelopment Activities:

Redevelopment activities located outside the IDA, are required to meet the standards in Section 26-519.D of the Chesapeake City Code as follows:

A) There is no increase in impervious cover;

B) There is no further encroachment within the RPA than existed under the previous development;

C) The development complies with the performance standards in this ordinance, including, without limitation, buffer standards in Section 26- 520.B.7 of this ordinance; and

D) Approval is obtained from the CBPA Review Committee, as provided in section 26-518 of this ordinance.

CBPA Encroachment Application for Redevelopment Activities Outside the Intensely Developed Area (IDA)

 

9. Roads and driveways:

Roads and driveways not otherwise exempt in Section 26-526 may be constructed in or across the RPA only if the following standards in Section 26-519.F of the Chesapeake City Code are met:

A) The Director of Public Works or designee makes a finding that there are no reasonable alternatives to aligning the road or driveway in or across the RPA;

B) The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the RPA and adverse effects on water quality;

C) The design and construction of the road or driveway satisfy all applicable criteria of this ordinance, including submission of a water quality impact assessment;

D) The road or driveway complies with the standards in the Chesapeake city code and the Chesapeake Public Facilities Manual; and

E) Approval is obtained from the CBPA Review Committee, as provided
in section 26-518 of this ordinance.

10. Non-conforming Uses, Buildings and Structures:

A) The lawful permitted use of a any lawfully nonconforming building or structure which existed on January 21, 1992 and which is not in conformity compliance with the provisions of the CBPA District may be continued, provided that there is no change in use, expansion of the lawfully nonconforming of such used building or structure, or alteration of lot lines.

B) Notwithstanding the foregoing, the CBPA Review Committee may grant a waiver for lawfully nonconforming buildings or structures, other than accessory structures as defined in the Chesapeake zoning ordinance, on lawfully nonconforming lots or parcels to provide for remodeling, alterations or additions to such nonconforming buildings or structures provided that:

1. There will be no increase in nonpoint source pollution load;

2. Any land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of the Chesapeake city code and regulations adopted thereunder and with the Chesapeake Public Facilities Manual;

3. The request for the waiver is the minimum necessary to afford relief;

4. Granting the waiver will not confer upon the applicant any special privileges that are denied to other property owners in similar situations;

5. The waiver is in harmony with the purpose and intent of this ordinance and does not result in water quality degradation;

6. The waiver is not based on conditions or circumstances that are self-created or self-imposed;

7. Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality; and

8. Other findings and conditions, as appropriate and required by the CBPA Review Committee, are met.

For purposes of this section, a lawfully nonconforming lot is one shown on an approved subdivision plat that was recorded in the Clerk’s Office for the Chesapeake Circuit Court prior to inclusion of any portion of the lot in the CBPA District.

C) An application for a nonconforming waiver under this section shall be made with forms furnished by the CBPA Review Committee and shall include the information listed in the CBPA Specifications Manual, as well as other requested information.

Non-Conforming Uses Application



D) The CBPA Review Committee may also grant a waiver for new construction on unimproved non-conforming lots or parcels, provided that a final construction plan has been approved for the development of the lot prior to December 31, 2003 and further provided that the criteria in Section 26-525 of the Chesapeake City Code are met.

E) Notwithstanding anything to the contrary in this ordinance, any nonconforming waiver issued under Section 26-525 of the Chesapeake City Code shall expire if the enlargement or alteration of the nonconforming building or structure is not completed within two years of the date the approval was issued.

F) In no case shall this provision apply to an addition to accessory structures, as defined in the Chesapeake zoning ordinance.

CBPA Appeals:

Appeals from the decision of the CBPA Review Committee or appeals from final decisions of the City Manager’s Designee, may be made to the Chesapeake Wetlands/CBPA Board, in accordance with Section 26-527.E of the Chesapeake City Code. All applications for appeals shall be submitted to the Planning Department with a processing fee of $200.00 per lot for which relief is requested. The applicant shall also be responsible for all advertising costs, including without limitation, the cost of newspaper publications and mailings to adjacent property owners. An appeal that is denied or approved with conditions cannot be re-filed with the city for one year after such denial or conditional approval, unless the City Manager’s Designee determines the new application significantly reduces the extent of the encroachment.

Upon disapproval of the appeal shall be considered a denial of a preliminary site plan, and the applicant shall have a right of appeal to the Circuit Court for the City as provided for Code of Virginia, Section 15.2-2260.

CBPA Appeal Application

 

Other Resources/Links:

Chesapeake Bay Local Assistance Department

Chesapeake Bay Preservation Act

Useful Publications
"Working Together to Protect Streams, Rivers, and the Bay"
A new informational brochure about the Chesapeake Bay Preservation Act is now available from the Chesapeake Bay Local Assistance Dept. , or you can call themt at 1-800-CHESBAY for hard copies.

"BETTER SITE DESIGN: An Assessment of the Better Site Design Principles for Communities Implementing Virginia's Chesapeake Bay"
Publication is 89-page document in pdf format.
A brochure is also available describing better site design principles and practices.
Click here for 8-page brochure.

Virginia Department of Environmental Quality

Army Corps of Engineers - Services for the Public

Marine Resource Commission (VMRC)

 

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