§ 98-63. Additional design and performance standards.

Uses permitted under the provisions of this chapter, in addition to any other requirements, shall where applicable, be in conformance with the following standards:

(1)

Air pollution standards. Any activity, operation or device which causes or tends to cause the release of air contaminants into the atmosphere shall comply with the rules and regulations of the commonwealth.

(2)

Drainage. All rights-of-way shall be drained in accordance with the requirements of the state department of transportation. Off-street parking areas shall be designed to provide positive drainage of stormwater and natural drainage waters when deemed necessary by the site plan. Drainage systems shall be adequate to carry off or store the stormwater and natural drainage water which originates not only within the lot or tract boundaries but also that which originates beyond the original lot or tract boundaries. No stormwater runoff or drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions. Lots shall be graded to secure proper drainage away from buildings and prevent the ponding of stormwater unless within an approved retention or detention basin. Where a lot or tract is traversed by a watercourse, surface or underground drainage way or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the county or to the state department of transportation which conforms substantially with the line of such watercourse and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future and accommodate necessary maintenance.

(3)

Drainage and conservation easements. Where a development is traversed by a watercourse, drainage way, channel or stream, or where it is desirable to preserve other areas within a subdivision because of the soil conditions, tree masses, wildlife habitat, vistas or other significant horticultural, environmental or natural features, there shall be provided a drainage and/or conservation easement of sufficient area and width to protect and preserve such feature if required by the planning commission. Drainage easements shall be designed and drainage structures constructed in such a manner as to reduce the burden of maintenance.

(4)

Electromagnetic radiation and interference standards. Any activity, operation or use shall be deemed to cause electromagnetic radiation interference that adversely affects persons or the operation of any equipment across lot lines, and is not in conformance with the regulations of the Federal Communications Commission. All such uses are prohibited.

(5)

Fences and walls. All permitted fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material in a manner which may be dangerous to persons or animals except that these provisions shall not apply to farms and that fences for industrial uses may be topped by barbed wire protective barriers. All barbed wire fences shall be faced into the property. A tennis court area may be surrounded by a fence a maximum of 12 feet in height. Its setback from any property line shall be the minimum distance required for accessory buildings in the zoning district in which the tennis court is proposed to be located. All fences constructed for farm operations may be placed on property lines.

(6)

Fire and explosion hazard standard. All operations, activities and uses shall be conducted so as to comply with all applicable fire prevention codes.

(7)

Lands subject to flooding. Lands subject to flooding and land deemed topographically unsuitable shall not be platted for use which would increase danger to health, life or property or aggravate erosion or flood hazard. Such land within a subdivision shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce conditions contrary to the public welfare.

(8)

Landscaping and buffers. In order to minimize any adverse impact on adjacent uses caused by nuisances on a site, to provide climate control in the form of shade trees and windbreaks, and preserve and enhance the rural nature of the county, all plans of development shall preserve existing landscaping whenever possible and supplement existing landscaping with landscaping which will offset the introduction of nuisance creating facilities.

(9)

Lighting. All parking areas and walkways thereto and driveways servicing commercial, public, office, industrial, apartment, condominium or other similar uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. Lighting in and around parking and loading areas shall provide for non-glare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of one-half foot candle over the entire area and shall be provided by fixtures with a mounting height of more than 25 feet or the height of the building whichever is less, measured from the ground level to the centerline of the light source. Light standards shall be spaced a distance not to exceed five times the mounting height. No light shall shine into windows or onto streets and driveways in such a manner as to interfere or to obstruct driver vision. The intensity of lights, the light shielding and similar characteristics shall be subject to development plan review.

(10)

Liquid and solid wastes standards. Any activity, operation or device which causes or tends to cause the discharge or other release of liquid or solid waste into public sanitary sewer, storm drains or public waters shall comply with applicable laws, rules and regulations governing such discharge or release including, but not limited to, the Federal Water Pollution Control Act, the Virginia Water Control Law (Code of Virginia, § 62.1-44.2 et seq.) and the county regulations regarding sewers and sewage disposal, maintenance and cleanliness of storm drainage facilities, garbage, trash and refuse, and erosion and sediment control.

(11)

Natural features. Natural features such as trees, hilltops and views, natural terrain, open waters and natural drainage lines shall be preserved whenever possible in designing any development. The topsoil shall not be removed from areas intended for lawn or open space. Topsoil removed during the course of construction shall be redistributed onto these areas and shall be stabilized by approved seeding and/or planting. A conscious effort shall be made to preserve all worthwhile trees and shrubs which exist on the site. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements necessitate removal of trees, in which case these lots shall be replanted with trees to reestablish the tone of the area.

(12)

Radiation hazard standards. All operations, activities and uses shall comply with the regulations of the U.S. Atomic Energy Commission set out in chapter I of title 10 of the Code of Federal Regulations which apply to byproduct material, source material and special nuclear material, as those terms are defined in section IIe., z. and aa. of the Atomic Energy Act of 1954, as amended (42 USC 2014 (e), (z) and (aa)). No activity, operation or use shall cause radiation emissions which are in violation of the Radiation Health and Safety Act of 1968 (Public Law 90-602), as amended, or the implementing regulations of the state department of health established pursuant thereto. Any water discharged from any facility must meet all radioactivity standards as specified in Environmental Protection Agency (EPA) Document 570/9-76-003, "National Interim Primary Drinking Water Regulations," in effect on the date of adoption of the ordinance from which this article is derived, irrespective of any subsequent amendments to such EPA document. Air emission discharges, including fugitive emissions, shall not be permitted to contain radioactive levels more than ten percent above background airborne radioactivity at the point of discharge.

(Code 1999, § 9-64; Ord. No. O-15-08(R2), 1-12-2009)

(Code 1999, § 9-64; Ord. No. O-15-08(R2), 1-12-2009)