740.01 General Policy:
A. The performance standards of this section implement the requirements of Part 504 of Chapter 32 of the Prince William County Code. These performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxicants, and maximize rainwater infiltration. Natural ground cover, especially indigenous woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous woody vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters storm water runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces storm water runoff potential.
B. In addition to the objectives in part A of this subsection, the purpose and intent of the requirements of this section are also to implement the following objectives:
(1) Prevent a net increase in nonpoint source pollution from new development.
(2) Achieve a ten percent (10%) reduction in nonpoint source pollution from redevelopment.
C. Any development or redevelopment exceeding two thousand five hundred (2,500) square feet of land disturbance shall be permitted only upon compliance with the requirements of this section, in addition to any other requirements imposed by this manual prior to any clearing or grading of the site or the issuance of any building permit.
740.02 Definitions: The following words and terms used in this part have the
following meanings, unless the context clearly indicates otherwise:
A. Agricultural land uses – Activities such as the tilling of the soil, planting and harvesting of crops or plant growth of any kind in the open, pasture, horticulture, dairying, floriculture, or raising of poultry or livestock. This does not include noncommercial ancillary agricultural activities on lands within existing platted residential subdivisions.
B. Applicant - A person seeking any determination under this part or permit required by this ordinance.
C. Best Management Practices (BMPs) - Practices, or combination of practices, that are determined by the County to be the most effective, practical means of preventing or reducing pollution inputs from nonpoint sources to water bodies.
D. Chesapeake Bay Preservation Area - Any land so designated by the Board of County Supervisors pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9 VAC 10-20-070, et seq. and Section 10.1 2107 of the Code of Virginia. Chesapeake Bay Preservation Areas shall consist of Resource Protection Areas (RPAs) and Resource Management Areas (RMAs).
E. Chesapeake Bay Preservation Area Review Board – Board of County Supervisors appointed body which reviews exception requests for encroachment into RPA and takes action following a public hearing.
F. Development - The subdivision of land or construction, or substantial alteration of residential, commercial, industrial, institutional, recreation, transportation, or utility facilities or structures.
G. Dripline - A vertical projection to the ground surface from the lateral extent of a tree's leaf canopy.
H. Floodplain - All lands that would be inundated by flood water as a result of a storm event of a one hundred (100) year return interval. The limits of the floodplain shall be established in accordance with Section 731.00 of this manual.
I. Highly Erodible Soils - Soils (excluding vegetation) with an erodibility index (EI) from sheet and rill erosion equal to or greater than eight (8). The erodibility index for any soil is defined as the product of the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface layer; R is the rainfall and runoff; LS is the combined effects of slope length and steepness; and T is the soil loss tolerance.
J. Highly Permeable Soils - Soils with a given potential to transmit water through the soil profile. Highly permeable soils are identified as any soil having a permeability equal to or greater than six (6) inches of water movement per hour in any part of the soil profile to a depth of seventy two (72) inches (“permeability groups rapid and very rapid”) as found in the National Soil Survey Handbook of November 1996, in the Field Office Technical Guide of the U.S. Department of Agriculture Soil Conservation Service.
K. Impervious Cover - A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel.
L. Infill IDA- Utilization of vacant land in previously developed areas.
M. Intensely Developed Area (IDA) – means those areas designated by the Board of County Supervisors to meet the criteria for designation as an Intensely Developed Area, as provided in Section 32-504.07 of the County Code and pursuant to 9 VAC 10-20-60 of the Chesapeake Bay Preservation Area Designation and Management Regulations.
N. Nonpoint Source Pollution - Pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agricultural and urban land development and use.
O. Nontidal Wetlands - Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency, pursuant to Section 404 of the Federal Clean Water Act, in 33 C.F.R. 328.3b.
P. Noxious Weeds - Weeds that are difficult to control effectively, such as Johnson Grass, Kudzu, thistle and multiflora rose.
Q. Perennial water body – All water bodies identified as perennial when using a scientifically valid system of in-field indicators. Water bodies shall include all areas of natural inflow, including but not limited to: streams, impoundments, lakes and all areas of concentrated flow.
R. Plan of Development - The process for site plan or subdivision plat review to ensure compliance with Part 504 of Chapter 32 of the Prince William County Code, prior to any clearing or grading of a site or the issuance of a building permit.
S. Private road – a privately owned and maintained road designed and constructed in accordance with DCSM standards.
T. Public road – a publicly maintained road designed and constructed
in accordance
with DCSM or the Virginia Department of Transportation standards.
U. Redevelopment - The process of developing land that is or has been previously developed lawfully under then existing regulations.
V. Resource Management Area (RMA) - That component of the Chesapeake Bay Preservation Area that is not classified as Resource Protection Area and includes land types that, if improperly used or developed, have a potential for causing significant water quality degradation or for diminishing the functional value of the Resource Protection Areas. The following land categories have been considered by the Board of County Supervisors in establishing the resource management areas: floodplains; highly erodible soils including steep slopes; highly permeable soils nontidal wetlands not included in the resource protection area.
W. Resource Protection Area (RPA) - That component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform, or are sensitive to impacts which may result in significant degradation to the quality of state waters.
X. Silvicultural Activities – Forest management activities, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that are conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to Section 10.1-1105 of the Code of Virginia and are located on property defined as real estate devoted to forest use under Section 58.1-3230 of the Code of Virginia for the purposes of this Act only.
Y. Substantial Alteration - Expansion or modification of a building or development that would result in a disturbance of land exceeding an area of two thousand five hundred (2,500) square feet in the Resource Management Area only.
Z. Tidal Shore or Shore - Land contiguous to a tidal body of water between the mean low water level and the mean high water level.
AA. Tidal Wetlands - Vegetated and nonvegetated wetlands as defined in Section 28.2-1300 of the Code of Virginia.
BB. Water-Dependent Facility - A development of land that cannot exist outside of a resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation. As provided in Part 504 of Chapter 32 of the Prince William County Code, these facilities include, but are not limited to, (i) ports; (ii) the intake and outfall structures of power plants, of water treatment plants, of sewage treatment plants, and of storm sewers; (iii) marinas and other boat docking structures; (iv) beaches and other public water oriented recreation areas; and (v) fisheries or other marine resources facilities.
CC. Wetlands – Tidal and nontidal wetlands.
740.03 Resource Protection Area (RPA) Boundaries:
A. Resource Protection Areas (RPAs) consist of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the biological and ecological processes they perform and are sensitive to impacts which may cause significant degradation to the quality of state waters. In their natural condition these lands provide for the removal, reduction or assimilation of sediments, nutrients, and potentially harmful or toxic substances in runoff entering the Bay and its tributaries and minimize the adverse effects of human activities on state waters and aquatic resources.
B. The Resource Protection Area shall consist of lands that would include:
(1) Tidal wetlands.
(2) Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow.
(3) Tidal shores.
(4) Perennial water bodies.
(5) An area of 100 feet in width shall be located adjacent to and landward of the components listed in subsections 1 thru 4 listed above and along both sides of a water body with perennial flow. Such area shall be designated as the landward component of RPA, notwithstanding the presence of permitted uses, encroachments, permitted vegetation clearing in compliance with Part IV (9 VAC 10-20-130 et seq.) of the Chesapeake Bay Preservation Area Designation and Management Regulations.
(6) Other lands with sensitive environmental features that have the potential of significantly affecting water quality, as determined by the Director of Public Works.
C. The designation of the components listed under section B. 1-4 above shall be determined based on reliable, site-specific information as detailed in section 742 of this manual.
740.04 Exemptions in Resource Protection Areas: Land disturbances in RPA may
be commenced for the following uses or purposes without the submissions and
approvals otherwise required under section 740:
A. Water wells, passive recreation facilities such as boardwalks, trails, and pathways and historic preservation and archaeological activities.
B. Construction, installation, operation and maintenance of electric, natural gas, fiber optic and telephone transmission lines, railroads, public roads and their appurtenant structures so long as they comply with Erosion & Sediment Control regulations and the Stormwater Management (SWM) Act of the Code of Virginia. The exemption of public roads is further conditioned on the road alignment and design being such as to minimize encroachment into the RPA and adverse effects on water quality is minimized.
C. Construction, installation and maintenance of water and sanitary sewer
lines and
storm sewer system outfalls as permitted by Prince William County provided that:
(1) To the degree possible, the location of such utilities should be outside RPA.
(2) No more land shall be disturbed than is necessary to provide the necessary utility installation.
(3) The construction shall be in compliance with applicable state and federal permits.
(4) Any disturbance exceeding 2,500 feet shall comply with Erosion& Sediment
requirements.
740.05 Permitted Uses in Resource Protection Areas: The following uses will be allowed in the RPA with the submission of a Water Quality Impact Assessment (WQIA):
A. Water dependent facilities, new or expanded. Access to the water dependent facility will be provided with the minimum necessary disturbance to the RPA.
B. Development or redevelopment within the designated Intensely Developed Area (IDA)
C. Regional SWM facility as defined in section 741.03.
740.06 Exceptions for Encroachments into the RPA: Any proposed encroachment into the RPA area which is not exempt under section 740.04 or permitted under section 740.05 of this manual shall submit a request for an exception in writing to the Director of Public Works. This 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 (WQIA) which complies with the provisions of section742.05.
An exception may be granted with such conditions and safeguards as deemed necessary to further the purpose and intent of Part 504 of Chapter 32 of the Prince William County Code and this section, provided that it is found that:
(1) Granting the exception will not confer upon the applicant any special privileges that are denied to other property owners in the CBPA overlay district.
(2) The exception request is not based on conditions or circumstance that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or nonconforming that are related to adjacent parcels.
(3) The exception requested is the minimum necessary to afford relief.
(4) The exception request will be consistent with the purpose and intent of the overlay district, and not injurious to the neighborhood or otherwise detrimental to the public welfare.
(5) Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality.
A. Administrative exception: The Director of Public Works shall review the request for an exception and associated WQIA and may grant an administrative exception with such conditions and safeguards as deemed necessary to further the purpose of this section of the manual. An administrative exception will be considered in the following situations:
(1) Lots lawfully recorded prior to November 27, 1990 when the application of the RPA would result in the loss of buildable area, provided that:
(a) Encroachments into the RPA shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities; accessory structures shall not be allowed if their construction will further reduce the RPA width.
(b) Where possible, an area equal to the area encroaching the RPA shall be established elsewhere on the lot or parcel in a way to maximize water quality protection.
(c) In no case shall the encroachment into the RPA area be greater than fifty (50) feet in width.
(d) Where the necessary encroachment in the RPA is greater than 50 feet, such exception may be granted only following a public hearing conducted by the Chesapeake Preservation Area Review Board.
(2) Lots lawfully recorded between November 27, 1990 and March 1, 2002 which meet conditions 740.06A1a through 740.06A1c as listed above and the additional following conditions:
(a) Conditions or mitigation measures imposed through a previously approved exception shall be met.
(b) If the use of a best management practice was previously required, the BMP shall be evaluated to determine if it continues to function effectively and if necessary, the BMP shall be reestablished or repaired and maintained as required.
(3) A private road or driveway crossing provided it satisfies specific conditions imposed by the Department of Public Works.
(4) Lots for which encroachment into RPA is necessary to install septic drainfields and where no alternate percolation sites are available as verified by the Health Department.
(5) Expansion of a non-conforming structure for minor alteration in conformance with Section 601.33 of the Zoning Ordinance.
B. If the administrative exception request is denied, the Director of Public Works shall provide the rationale for the decision to the applicant. The applicant may then appeal the decision to the Chesapeake Bay Preservation Area Review Board, within 30 days of denial.
C. Exceptions requiring a Public Hearing - The Director of Public Works shall review and forward its recommendation on all other exception requests, with accompanying WQIA, to the Chesapeake Bay Preservation Area Review Board for consideration and action following a public hearing.
D. The Chesapeake Bay Preservation Area Review Board shall conduct a public hearing to review the request for an exception and the WQIA and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of Part 504 of Chapter 32 of the Prince William County Code and this section.
E. If the exception request is denied, the Chesapeake Bay Preservation Area Review Board shall provide its written findings and rationale for the decision to the applicant. The decision of the Board is final and can be appealed by the applicant to the Circuit Court within 30 days of the denial.
741.00 CHESAPEAKE BAY PRESERVATION AREA – PLANNING AND DESIGN
741.01 General Performance Standards:
A. Land disturbance shall be limited to the area necessary to provide for the proposed use or development and shall comply with the following:
(1) The proposed limits of disturbance shall be clearly shown on all plans. The limits shown on the approved plans shall be physically marked and protected on the development site.
(2) No construction access should be permitted through an RPA unless specifically approved by the Director of Public Works.
B. Indigenous vegetation shall be preserved to the maximum extent possible, consistent with the use and development proposed and in accordance with the Virginia Erosion and Sediment Control Handbook. All development or redevelopment shall conform to the requirements of Section 800.00 of this manual. Site design shall preserve existing tree cover to the greatest extent feasible. Diseased trees or trees weakened by age, storm, fire, or other injury may be selectively removed in accordance with the requirements of Section 800.00 of this manual.
C. Land development shall minimize impervious cover to promote infiltration of storm water into the ground consistent with the proposed use or development, in accordance with Section 721.00 of this manual.
D. Any land disturbing activity cumulatively exceeding two thousand five hundred (2,500) square feet, including construction of single family houses, shall comply with the requirements of Section 751.00 of this manual.
E. All on-site sewage disposal systems not requiring an NPDES permit shall be pumped out at least once every five (5) years, in accordance with the provisions of Chapter 23 of the Prince William County Code.
F. 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 requirement of Section 500.00 of this manual.
G. For any use or development, including redevelopment, storm water runoff shall be controlled by the use of best management practices in accordance with Section 721.00 of this manual.
H. Prior to initiating grading or other on site activities on any portion of a lot or parcel, all wetland permits required by federal, state, and local laws and regulations shall have been obtained and evidence of such submitted to the Director of Public Works.
741.02 Additional Performance Criteria for RPA:
A. To minimize the adverse effects of human activities on the other components of RPA, state waters, and aquatic life, a one hundred (100) foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist adjacent to water bodies with perennial flow.
B. In accordance with the regulations of this section, the one hundred (100) foot RPA buffer area of natural or established vegetation is deemed to achieve a forty percent (40%) reduction of nutrients provided that runoff is conveyed by sheet flow through the buffer area.
C. In order to maintain the functional value of the RPA buffer area, indigenous vegetation may be removed subject to written approval by the Director of Public Works or approval of a plan to provide reasonable access paths, sight lines, general woodlot management, and best management practices, including those that prevent upland erosion and concentrated storm water flows, as follows:
(1) Trees may be pruned or removed as necessary to provide for sight lines and vistas provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and filtering nonpoint source pollution from runoff.
(2) Where indigenous vegetation is removed to create passive recreation trails, the path shall be constructed and surfaced so as to effectively control erosion.
(3) Dead, diseased, or dying trees or shrubbery and noxious weeds may be removed and thinning of trees may be conducted based upon the best available technical information in conformance with section 802.33 of this manual and pursuant to sound horticultural practice as determined by the Director of Public Works.
(4) Where areas to be preserved in RPA, as designated on an approved site, subdivision or lot grading plan, are encroached upon, replacement of existing trees and other vegetation will be achieved in accordance with a site specific RPA restoration plan approved by the Director of Public Works.
(5) For shoreline erosion control projects, trees, and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.
D. Where land uses such as agriculture or silviculture within the area of the buffer cease, and the land is proposed to be converted to other uses, the full 100-foot buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions as set forth in the Chesapeake Bay Regulations. (9VAC10-20-130)
741.03 RPA Buffers in Intensely Developed Areas (IDA): Development and redevelopment
within intensely developed areas (IDA) and IDA infill shall be exempt from the
provisions of Section 741.02, but only in accordance with the following:
A. The proposed development or redevelopment is permitted under the provisions of Part 601 of Chapter 32 of the Prince William County Code and Section 740.07 of this manual, as applicable.
B. Any proposed development or redevelopment shall not increase the areas of disturbed RPA, exclusive of RPA buffers, unless such disturbance is otherwise permitted by and consistent with the requirements of Part 504 of Chapter 32 of the Prince William County Code and all applicable requirements of this manual.
C. Development or redevelopment shall meet all RPA buffer standards established in Section 741.02, except that encroachment due to redevelopment may occur within the full width of the buffer.
D. Notwithstanding the provisions of subparagraphs A, B, and C above, the RPA buffer shall be established to the extent feasible consistent with the proposed development of redevelopment of the site.
E. All other requirements of this manual, the Prince William County Code and other applicable laws are met.
741.04 Minimum Lot Size in Relation to RPA:
A. All residential lots, of 20,000 square feet or less, shall not be platted incorporating land within an RPA, irrespective of zoning designation.
B. For all other residential lots, RPA land may be incorporated within the lots when the following criteria are met:
(1) Lots must have 20,000 square feet or more outside of the RPA.
(2) All minimum required yard, setbacks and other applicable development standards have been met and shown on the plats.
(3) A minimum distance of fifty (50) feet shall be between the principal structure, and any attachments thereto, and the RPA.
C. For lots two (2) acres or greater in size, RPA acreage may be used to calculate minimum lot size, provided that sufficient acreage lies outside that portion of the lot zoned RPA to permit reasonable use and enjoyment of any proposed use not permitted in the RPA.
741.05 Special Provisions for SWM Facilities:
A. Regional storm water management facilities, part of an approved watershed plan or as hereafter provided, may be located in the RPA, provided that the following criteria are met:
(1) They are part of a watershed storm water management plan which considers environmentally sensitive features and minimizes negative impacts on them. Where possible, plans must locate facilities outside of RPAs.
(2) A water quality impact assessment is required for each SWM facility in RPA.
(3) All performance criteria must be met, including wetlands permits, locating nonwater dependent elements outside of RPAs, and minimum vegetative removal and access disturbances.
B. Until such time as the watershed in which the development is located is the subject of an approved watershed plan, the Director of Public Works may permit on site storm water management facilities to be located in the RPA that, in general, serve drainage areas that exceed one hundred (100) acres in size and otherwise conform to the criteria set out in this section.
742.00 CHESAPEAKE BAY PRESERVATION AREA - SUBMISSION REQUIREMENTS
742.01 CBPA Overlay District: In addition to the requirements of chapters 25 and 32 of the Prince William County Code, the applicant shall submit the following prior to any development or redevelopment of lands within Chesapeake Bay preservation areas:
A. Perennial Flow Determination in accordance with section 742.02 of this manual.
B. Preservation Area Site Assessment (PASA), in accordance with Section 742.03 of this manual, as applicable.
C. Water Quality Impact Assessment (WQIA) study, in accordance with sections 742.04 and 742.05 of this manual, as applicable.
D. RMA limits study, if desired, in accordance with the provisions of Section 742.06 of this manual, as applicable.
E. Studies or plans as required by all applicable sections of this Design and Construction Manual. (Landscaping plan, Stormwater Management plan, E&S control plan, etc.)
742.02 Perennial Flow Determinations: A reliable, site-specific determination shall be conducted to determine whether water bodies within the development site have perennial flow. Such determination will be made using a scientifically valid system of in-field indicators acceptable to the Director of Public Works.
A. If water bodies exist on the development site and have a drainage area greater than 100 acres, a perennial flow determination shall be required in conjunction with a rezoning or special use permit application, preliminary subdivision plan or site plan submission. This determination shall identify all perennial streams located on the proposed development site using a method approved by the Director of Public Works.
B. If water bodies exist on the development site and have a drainage area less than 100 acres, a perennial flow determination can be limited to a modified flow determination study of less detail which is acceptable to the Director of Public Works. This simplified perennial stream documentation can be in the form of field notes, observed flow conditions, photos with short narrative or survey or other relevant observations. The dated pictures taken during field visit shall be submitted to the County.
C. The Director of Public Works may require a detailed perennial flow determination for water bodies on the development site with a drainage area less than 100 acres under unique circumstances where field data is available from the Department of Public Works.
D. For development sites containing Resource Protection Areas (RPAs) as mapped on the County’s Chesapeake Bay Preservation Area Overlay map, the Director of Public Works may allow the applicant to use the map delineation as a representation of perennial flow for all water bodies mapped as RPA. However, the applicant is still required to establish whether all other water bodies within the development site not mapped as RPA exhibit perennial flow through site-specific determination.
742.03 Preservation Area Site Assessment (PASA):
A. A Preservation Area Site Assessment (PASA) shall be submitted for any proposed development site where RPA is located on the site based on Chesapeake Bay Preservation Area Overlay maps or on Perennial Flow Determination. This PASA shall be submitted to delineate the extent of wetlands on the site and to define RPA boundaries. The PASA shall be submitted in conjunction with a rezoning or special use permit application, preliminary subdivision plan or first plan submission and once approved, shall be considered valid for 5 years from approval date, or as long as the final site plan remains valid.
B. A PASA study submission shall include a narrative report and associated plans which detail the field investigation done at the site to determine the extent of wetlands on the site at the time of investigation.
C. Wetland delineation shall be performed during field investigation of PASA and shall be in accordance with the United States Army Corps of Engineers “Wetlands Delineation Manual, Technical Report Y-87-1, January 1987, Final Report (Federal Manual) or latest effective edition.
D. The PASA shall clearly delineate RPA boundaries as defined in section 740.03 of this manual.
E. The PASA shall be drawn at the same scale as the preliminary site plan or subdivision plan, and plans shall be certified as complete and accurate by a licensed professional engineer, or a licensed land surveyor.
F. Upon the submission by an applicant of the Preservation Area Site Assessment, the Department of Public Works shall verify the accuracy of and may render adjustments to the boundary delineation shown therein.
742.04 Water Quality Impact Assessment: A Water Quality Impact Assessment (WQIA) is required for any proposed development in RPA or as determined by the Director of Public Works, based on the unique characteristics of the site or intensity of the proposed use or development.
A. The purpose of the WQIA is as follows:
(1) Identify the impacts of proposed development on water quality and lands within RPAs and other environmentally sensitive lands that have the potential to significantly affect water quality.
(2) Ensure that, where development does take place within RPAs and other sensitive lands, it will be located 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 important to the natural functioning of RPA lands, consistent with the goals and objectives of the Chesapeake Bay Preservation Act, the regulations of Part 504 of Chapter 32 of the Prince William County Code, and this section of the manual.
B. The submission of a modified WQIA may be accepted by the Director of Public Works in conjunction with the processing of exceptions as identified in section 740.06A.
C. All information required for a WQIA in this section shall be certified as complete and accurate by a licensed professional engineer or a licensed land surveyor.
D. Upon the completed review of a water quality impact assessment, the Department of Public Works will determine if the proposed development is consistent with the purpose and intent of Part 504 of Chapter 32 of the Prince William County Code and this section and make a finding based upon the following criteria:
(1) The proposed development within any RPA is permitted pursuant to Section 32 504.06 of the Prince William County Code.
(2) The disturbance of wetlands will be minimized.
(3) The development will not result in significant disruption of the hydrology of the site.
(4) The development will not result in significant degradation to aquatic vegetation or life.
(5) The development will not result in unnecessary destruction of plant materials on-site.
(6) Development is consistent with all applicable standards of the DCSM, including stormwater, erosion and sediment control, drainfields, etc. and the intent of the Chesapeake Bay Preservation Act.
(7) The cumulative impact of the proposed development, when considered in relation to other development of the vicinity, both existing and proposed, will not result in a significant degradation of water quality.
E. The Director of Public Works shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the Department of Public Works based on the criteria listed in this section.
F. The Director of Public Works shall find the proposal to be inconsistent with the purpose and intent of this article when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the Department of Public Works, based on the criteria listed in this section.
G. Approval of the water quality impact assessment shall be conditioned upon review and approval of final design calculations which validate the design provisions of the plan.
742.05 Water Quality Impact Assessment Elements: A water quality impact assessment shall include a site drawing to scale which shows the following:
A. Location of the components of the RPA, including the one hundred (100) foot RPA buffer area.
B. Location and nature of the proposed encroachment into the RPA buffer.
C. Type and location of proposed best management practices to mitigate the proposed encroachment. Estimation of pre and post development pollutant loads in runoff (refer to Exhibit 23 - Buffer Equivalency Bulletin.).
D. A hydrogeological element that provides the following:
(1) Existing topography, soils, hydrology and geology of the site and adjacent lands.
(2) Description of the impacts of the proposed development on topography, soils, hydrology and geology on the site and adjacent lands.
(3) Anticipated duration and phasing schedule of the construction.
(4) Estimation of pre and post development pollutant loads in runoff. (refer to Exhibit 23 - Buffer Equivalency Bulletin.)
(5) Listing of all requisite permits from all application agencies necessary to develop the project.
(6) Proposed mitigation measures for the potential hydrogeological impacts shown on the site plan or plat. Potential mitigation measures include:
(a) Proposed erosion and sediment control concepts, which may include minimizing the extent of the cleared area, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, schedule and personnel for site inspection.
(b) Proposed storm water management and BMP systems.
(c) Creation of wetlands to replace those lost.
(d) Minimizing cut and fill and land disturbance.
E. A wastewater element, where applicable, that provides the following:
(1) Size and locations of anticipated drainfield or wastewater irrigation areas.
(2) Justification for sewer line locations in environmentally sensitive areas, where applicable, and of construction techniques and standards.
(3) Proposed on site collection and treatment systems, their treatment levels, and impacts on receiving watercourses.
742.06 RMA Limits Study:
A. An applicant electing to establish the limits of RMA on the subject property shall submit an RMA limits study establishing concentrations of the following:
(1) Floodplain.
(2) Highly erodible soils, including steep slopes greater than twenty five percent (25%).
(3) Highly permeable soils.
(4) Nontidal wetlands not included in the RPA.
B. Upon review of the RMA limits study, if the Department of Public Works is satisfied the applicant has established the absence of concentrations of land types protected as RMA on the entire property, the Director of Public Works shall approve the exemption of such property area from the application of these provisions. The applicant shall cause a plat depicting the areas approved for exemption to be recorded among the land records of the County.
742.07 Final Site Plans: In addition to all other requirements applicable to site development plans such as a landscaping plan, a storm water management plan, and an erosion and sediment control plan, all projects within Chesapeake Bay preservation areas shall include the following additional information:
A. The delineation of the RPA boundary by metes and bounds description with the following note: "No use shall be made of, nor shall any improvements or modifications be made in the resource protection area without specific authorization from Prince William County." This shall also be shown on the record plat.
B. Plat notation or stamp containing notification of 5-year septic pump out and 100% reserve drainfield requirements for onsite sewage treatment systems.
C. Wetlands permit submissions.
D. A maintenance agreement, as deemed necessary and appropriate by the Director of Public Works to ensure proper maintenance of best management practices in order to continue their functions in accordance with the provisions of Section 722.00 and 100.00 of this manual.
E. If the Director of Public Works has approved an RMA limits study, pursuant to Section 742.06, a delineation of the RMA by metes and bounds description.
743.00 CHESAPEAKE BAY PRESERVATION AREA – VIOLATIONS
743.01 Disturbance of RPA: Where areas designated as RPA are encroached upon without prior approval in accordance with Sections 740.04, 740.05 and 740.06, they shall be restored in accordance with a plan approved by the Director of Public Works. Restoration of the disturbed areas shall be performed as necessary to meet the intent of the regulations and shall be in accordance with a site specific restoration plan detailing both any existing vegetation and all supplemental plantings to adequately reestablish the natural vegetative condition which existed previously on the site, including trees, shrubs and groundcover.
743.02 Violation of Chesapeake Bay Regulations: Any construction, vegetation removal or land disturbing activity in the Resource Protection Area contrary to permitted provisions of this Section shall be declared to be a violation and shall be enforced in accordance with Section 100.
750.00 EROSION AND SEDIMENT CONTROL - POLICY
750.01 Definitions: For the purpose of this section, the following words and
phrases shall have meanings respectively ascribed to them as follows:
A. Applicant - A person or persons required herein and hereby to accept legal
responsibility for the land disturbing activity for which a permit is requested,
namely the owner of the property on which such land disturbing activity is proposed
to be accomplished as well as any contractor, agent, or other person who, by
virtue of contractual employment or other relationship to the owner of the property
of which such land disturbing activity is proposed to be accomplished, is or
will be in actual or effective control of all or a substantial portion of the
land disturbing activity for which the application is or has been made.
B. Conservation Plan, Erosion and Sediment Control Plan - A document containing
material for the conservation of soil and water resources of a parcel or parcels
of land. It may include appropriate maps, an appropriate soil and water plan
inventory and management information with needed interpretations, and a record
of decisions contributing to conservation treatment. The plan shall contain
all major conservation decisions to assure that the entire parcel or parcels
of land will be so treated to achieve the conservation objectives.
C. Soil and Water Conservation District - A political subdivision of the commonwealth organized in accordance with the provision of Section 10.1-506 of the Code of Virginia, 1950, as amended.
D. Erosion Impact Area - An area of land not associated with current land
disturbing activity but subject to persistent soil erosion resulting in the
delivery of sediment onto neighboring properties or into drainageways. This
definition shall not apply to any lot or parcel of land of two thousand five
hundred (2,500) square feet (232.26 square meters) or less used for residential
purposes.
E. Land Disturbing Activity - Any land change which may result in soil erosion
from water or wind and the movement of sediments into drainageways or state
waters, or onto lands in
the commonwealth, including but not limited to, clearing, grading, excavating,
transporting, and
filling of land. The term shall not include those activities identified in Section
750.04 of this manual.
F. Local Erosion and Sediment Control Program - An outline of the various methods
employed by a program authority to regulate land disturbing activities and thereby
minimize erosion and sedimentation in compliance with the state program, and
may include such items as local ordinances, policies and guidelines, technical
materials, inspection, enforcement, and evaluation.
G. Owner - The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee, or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.
H. Permittee - The person to whom the permit authorizing land disturbing activities
is issued or the person who certifies the approved erosion and sediment control
plan will be followed.
I. Person - Any individual, partnership, firm, association, joint venture, public
or private institution, utility, cooperative, county, city, town, or other political
subdivision of the commonwealth, any interstate body, or other legal entity.
J. Plan Approving Authority - The director of Planning of Prince William County.
K. State Erosion and Sediment Control Program - The program administered by
the Virginia Soil and Water Conservation Board, pursuant to Article 4, Chapter
5, Title 10.1 of the Code of Virginia, 1950, as amended, including regulations
designed to minimize erosion and sedimentation.
L. Program Authority - The director of Public Works of Prince William County.
M. Certified Inspector - An employee or agent of the program authority who holds a certificate of competence from the Virginia Soil and Water Conservation Board in the area of project inspection.
N. Certified Plan Reviewer - An employee or agent of the program authority
who holds a certificate of competence from the Virginia Soil and Water Conservation
Board in the area of plan review or is licensed as a professional engineer or
land surveyor pursuant to Article 1 of Chapter 4 of Title 54.1 of the Code of
Virginia.
O. Certified Program Administrator - An employee or agent of the program authority
who holds a certificate of competence from the Virginia Soil and Water Conservation
Board in the area of program administration.