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2025 Ordinances
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Last modified
12/10/2025 10:42:58 AM
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1/2/2025 4:38:28 PM
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The land disturbance undergoes an administrative review, pursuant to <br />subsection 9.1-10(c), prior to approval; and <br />2. Any land disturbance exceeding an area of 2,500 square feet shall comply <br />with chapter 11.1 (Erosion and Stormwater Management) of this Code and <br />the Virginia Erosion and Stormwater Management Regulations. <br />b. A living shoreline as defined by Code of Virginia, § 28.2-104.1 may be exempt <br />from additional performance criteria requirements, including a water quality <br />impact assessment in accordance with subsection 9.1-11(e), provide the project <br />minimizes land disturbance, maintains or establishes a vegetative buffer inland of <br />the living shoreline, and complies with the fill conditions in subsection 9.1- <br />10(c)(5)f.4. <br />(3) Buffer area requirements. To minimize the adverse effects of human activities on the <br />other components of Resource Protection Areas, state waters, and aquatic life, a 100 - <br />foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, <br />and filtering nonpoint source pollution from runoff shall be retained if present and <br />established where it does not exist. Where such buffer must be established, the <br />planting of trees shall be incorporated as appropriate to site conditions and in such a <br />manner to maximize the buffer function. Inclusion of native species in tree planting is <br />preferred. <br />The buffer area shall be located adjacent to and landward of other RPA components <br />and along both sides of any water bodies with perennial flow. The full buffer area shall <br />be designated as the landward component of the RPA, in accordance with sections 9.1- <br />4 and 9.1-11. Notwithstanding permitted uses, encroachments, and vegetation clearing <br />as set forth in this section, the 100 -foot wide buffer area is not reduced in width. The <br />100 -foot buffer area shall be deemed to achieve a 75 percent reduction of sediments <br />and a 40 percent reduction of nutrients. <br />(4) Permitted encroachments into the buffer area. <br />a. When the application of the buffer area would result in the loss of a buildable area <br />on a lot or parcel recorded prior to October 1, 1989, the director of planning, after <br />consulting with the city engineer, may allow encroachments into the buffer in <br />accordance with the following criteria: <br />1. Encroachments into the buffer areas shall be the minimum necessary to <br />achieve a reasonable buildable area for a principal structure and necessary <br />utilities; <br />2. Where practicable, a vegetated area that will maximize water quality <br />protection, mitigate the effects of the buffer encroachment, and is equal to <br />the area of encroachment into the buffer area shall be established elsewhere <br />on the lot or parcel. Where such buffer must be established, the planting of <br />trees shall be incorporated as appropriate to site conditions and in such a <br />manner to maximize the buffer function. Inclusion of native species in tree <br />planting is preferred; and <br />3. The encroachment may not exceed into the seaward 50 feet of the buffer <br />area. <br />11 <br />
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