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2004 Ordinances
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2004 Ordinances
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2/2/2004 6:26:54 PM
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"Water body with perennial flow" means a body of water that flows in a natural or <br />manmade channel year-round during a year of normal precipitation. This includes, but is <br />not limited ro streams, estuades, and tidal embaymems and may include drainage ditches <br />or channels constructed in wetlands or from former natural drainageways, which convey <br />perennial flow. Lakes and ponds, through which a perennial stream flows, are a pan of <br />the perennial stream. Generally, the water table is located above the streambed for most <br />of the year and groundwater is the primary source for stream flow. <br /> <br />"Water-dependent facility" means a developmem of land that cannot exist outside of the <br />Resource Protection Area and must be located on the shoreline by reason of the intrinsic <br />nature of its operation. These facilities include, but are not limited to (i) ports; (ii) the <br />intake and outfall structures of power plants, water treatment plants, sewage treatment <br />plants, and storm sewers; (iii) marinas and other boat docking structures; (iv) beaches and <br />other public water-oriented recreation areas; and (v) fisheries or other marine resources <br />facilities. <br /> <br />"Wetlands" means tidal and nontidal wetlands. <br /> <br />Section 9.1-4. Chesapeake Bay Preservation Area Overlay District Map; <br /> Applicability. <br /> <br /> (a) The boundaries of the district are hereby established as shown on the map <br />sheet entitled "Chesapeake Bay Preservation Areas, Portsmouth, Virginia," dated <br />September 1, 1990, which accompanies and, together with all explanatory material <br />thereon, is hereby declared to be a pan of this Chapter, the said map sheet hereinafter <br />being referred to as the Chesapeake Bay Preservation Area Map. <br /> <br /> (b) The Chesapeake Bay Preservation Area Overlay District shall apply to all <br />lands identified and designated as CBPAs by the City Council, as shown on the <br />Chesapeake Bay Preservation Area Map. <br /> <br /> (1) At a mmimum the Resource Protection Area (RPA) shall include: <br /> a. Tidal Wetlands; <br /> b. Nontidal wetlands connected by surface flow and contiguous to <br /> tidal wetlands or water bodies with perennial flow; <br /> c. Tidal shores; and <br /> d. A 100-ft. vegetated buffer area located adjacent to and landward of <br /> the components listed in subsections (a) through (c) above, and <br /> along both sides of any water body with perennial flow. <br /> <br /> (2) The Resource Management Area (RMA) is defined as adjacent to the RPA <br />and shall be composed off <br /> <br /> (a) The 100-year floodplain as identified on the Federal Emergency <br /> Management Agency Flood Insurance Rate Map dated November <br /> 11, 1983; and <br /> <br /> <br />
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