§ 94-39. Development criteria.

The use, development or redevelopment of land the Chesapeake Bay Preservation Areas must meet or exceed the following performance criteria.

(1)

No more land shall be disturbed than is necessary to provide for the proposed use or development.

(2)

Indigenous vegetation shall be preserved to the maximum extent practicable, consistent with the use or development proposed.

(3)

Where the best management practices utilized require regular or periodic maintenance in order to continue their functions, a maintenance agreement from the owner or developer or some other mechanism that achieves an equivalent objective will be required by the county.

(4)

All development exceeding 2,500 square feet of land disturbance shall be accomplished through a plan of development review process consistent with this article and the applicable subdivision and zoning requirements of chapters 90 and 98 of this Code.

(5)

Land development shall minimize impervious cover consistent with the proposed use or development.

(6)

Any land-disturbing activity that exceeds an area of 2,500 square feet (including construction of all single family houses, septic tanks and drainfields, or otherwise as required in Code of Virginia, § 10.1-560) shall comply with the applicable erosion and sediment control requirements of chapter 82, article II of this Code.

(7)

On site sewage treatment systems not requiring a Virginia Pollutant Discharge Elimination System (VPDES) permit shall have pump-out accomplished for all such systems at least once every five years, however, in lieu of requiring proof of septic tank pump-out every five years, owners of on-site sewage treatment systems may submit documentation every five years, certified by a sewage handler permitted by the state department of health, that the septic system has been inspected, is functioning properly, and the tank does not need to have the effluent pumped out of it.

(8)

Compliance with the New Kent County Stormwater Management Ordinances as outlined in New Kent County Code Chapter 82 is required.

(9)

Land upon which bona fide agricultural activities are being conducted, including but not limited to crop production, pasture, and dairy and feedlot operations, or lands otherwise defined as agricultural land by the county, shall have a soil and water quality conservation assessment conducted by a qualified professional that evaluates the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management, and management of pesticides and, where necessary, results in a plan that outlines additional practices needed to ensure that water quality protection is being accomplished consistent with the Act, the regulations and the requirements of this article.

(10)

Silvicultural activities in Chesapeake Bay Preservation Areas are exempt from this article provided that the silvicultural operations adhere to all other applicable provisions of this Code and provided water quality protection procedures prescribed by the state department of forestry in the current edition of "Forestry Best Management Practices for Water Quality in Virginia Technical Guide." The state department of forestry will oversee and document installation of best management practices and will monitor in-stream impacts of forestry operations in Chesapeake Bay Preservation Areas.

(11)

Evidence of all wetlands permits required by law are required before the director of environmental will authorize grading or other on-site activities to begin.

(Ord. No. O-04-03(R1), 3-10-2003; Ord. No. O-13-05, 6-13-2005; Ord. No. O-10-14, 6-23-2014; Ord. No. O-02-18, 3-13-2018)

(Ord. No. O-04-03(R1), 3-10-2003; Ord. No. O-13-05, 6-13-2005; Ord. No. O-10-14, 6-23-2014; Ord. No. O-02-18, 3-13-2018)