Sec. 37.1-46. - Findings of fact.

The Chesapeake Bay and its perennial tributaries constitute one (1) of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of Newport News and the Commonwealth of Virginia. The health of the bay is vital to maintaining Newport News' economy and the welfare of its citizens.

The industrialized portion of Newport News' waterfront constitutes one (1) of the most important industrial areas in the Commonwealth of Virginia. It provides economic and social benefits to Newport News, the Commonwealth of Virginia and the United States of America. The continued economic health of the waterfront industrial areas is vital to maintaining Newport News' economy and the welfare of its citizens as a whole; however, protection of the economic health of these areas and improving the health of the Chesapeake Bay are not mutually exclusive. Measures consistent with the continued industrial use of Newport News' industrial waterfront areas are available and are used for the protection of the Chesapeake Bay.

The Chesapeake Bay waters have been degraded significantly by many sources of pollution, including nonpoint source pollution from land uses and development. Existing waters are worthy of protection from degradation to guard against further pollution. Certain lands that are proximate to shorelines have intrinsic water quality value due to the ecological and biological processes they perform. Other lands have severe development constraints from flooding, erosion, and soil limitations. With proper management, these lands offer significant ecological benefits by providing water quality maintenance and pollution control, as well as flood and shoreline erosion control.

There also exist, however, certain lands at or near the shoreline that, due to their intense development, installation of sea walls, riprap and impervious surface, have little or no remaining intrinsic water quality value. Although these lands must be monitored to ensure that there is no deterioration of existing water quality protection as a result of the continued intensive use of these properties, the regulations and application of this article to these lands must be tempered by a recognition of their existing intense use and their right to continue that use. Measures consistent with the current uses of these lands must be employed to protect the quality of the water of the Chesapeake Bay.

All of these lands together, designated by the city council as Chesapeake Bay Preservation Areas, are important in connection with the protection of the quality of water in the bay and consequently the quality of life in the City of Newport News and the Commonwealth of Virginia.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-47. - Purpose and intent.

(a)

This article is adopted to implement the requirements of Section 10.1-2100 et seq. of the Code of Virginia (The Chesapeake Bay Preservation Act). The intent of the city council and the purpose of this article is to:

(1)

Protect existing state and community waters.

(2)

Restore state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them.

(3)

Prevent any further increase in nonpoint source pollution.

(4)

Reduce existing nonpoint source pollution in state and community waters in order to provide for the health, safety, and welfare of the present and future citizens of the City of Newport News.

(b)

A Chesapeake Bay Preservation Area Map has been prepared and adopted by city council that overlays the city's real estate assessment maps at 1:200 scale, so that any parcel of land lying in these areas can be generally identified. Site specific delineation of Chesapeake Bay Preservation Areas shall be required as provided in section 37.1-50. Unless otherwise stated in this article, the review and approval procedures provided for in Chapter 13, Building Regulations; Chapter 35, Soil Removal and Other Land-Disturbing Activities; Chapter 44, Wetlands; and, Chapter 45, Zoning Ordinance; Appendix B, Subdivision Regulations; Chapter 33.02, Site Plan Ordinance; and, all other applicable ordinances shall be followed in reviewing and approving development, redevelopment, and uses governed by this article.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-48. - Definitions.

The following words and terms used in this article have the following meaning, unless the context clearly indicates otherwise:

Agricultural lands. Those lands used for the planting and harvesting of crops or plant growth of any kind in the open, pasture, horticulture, dairying, floriculture, or in the raising of poultry and/or livestock, except land used for gardening or landscaping.

Best Management Practices (BMPs). A practice, or combination of practices contained in the Newport News Design Criteria Manual, that is determined by the director of engineering to be an effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

Buffer area. An area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances.

Chesapeake Bay Preservation Area. Any land designated as such on the map adopted by the city council subject to the determination of the director of planning on a site-specific basis. A Chesapeake Bay Preservation Area shall consist of a resource protection area, a resource management area and any designated industrial waterfront intensely developed area.

Development. The construction, or substantial alteration, of residential, commercial, industrial, institutional, recreation, transportation, or utility facilities or structures.

Diameter at breast height (DBH). The diameter of a tree measured outside its bark at a point four and one-half (4.5) feet above the existing grade.

Disturbed land area. An area cleared or graded as necessary for the construction of improvements including, but not limited to, buildings, roads and drives, parking areas, and sidewalks.

Dripline. A vertical projection to the ground surface from the furthest tips of a tree's leaf canopy.

Highly erodible soils. Soils which have an erodibility index of eight (8) which is the generally accepted threshold at which the rate of soil loss becomes critical in relation to soil replacement, resulting in severe soil erosion. The equation for the Erodibility Index is EI=RKLS/T, where: R = the rainfall and runoff factor; K = the soil susceptibility to water erosion; LS = the combined effects of slope length and steepness; and T = the soil loss tolerance. The identified highly erodible soils in the City of Newport News are: 16D Craven-Uchee Complex, 16C Craven-Uchee Complex, 21B Slagle fine sandy loam, and 9B Craven fine sandy loam.

Impervious cover. A surface composed of any material which significantly impedes or prevents natural infiltration of water into the soil including, but not limited to: buildings and other structures and their components, streets, parking, and any concrete, asphalt, or compacted gravel surface.

Industrial waterfront intensely developed area (industrial waterfront IDA or IWIDA). Any portion of Chesapeake Bay Preservation Area so designated by the city council. Industrial waterfront IDAs are industrial areas located along the shoreline that, because of the intensity of their use, are characterized by an absence of natural environmental features and a preponderance of impervious surface and bulkheaded or riprapped shoreline.

Map. The Chesapeake Bay Preservation Area Map.

Nonpoint source pollution. Pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agriculture, silviculture and urban land development and use.

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, in 33 C.F.R. 328.3b, dated November 13, 1986.

Noxious weeds. Weeds that are difficult to control effectively, including, but not limited to Johnson Grass, Kudzu, and multiflora rose.

Plan of development. The process for site plan or subdivision plan review to ensure compliance with Section 10.1-2109 of the Code of Virginia and this article, prior to any clearing or grading of a site or the issuance of a building permit.

Public roads. A publicly-owned road designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to (i) the Erosion and Sediment Control Law (Section 10.1-560 et seq. of the Code of Virginia) and (ii) the Virginia Stormwater Management Act (Section 10.1-603.1 et seq. of the Code of Virginia). This definition includes those roads where the Virginia Department of Transportation exercises direct supervision over the design or construction activities, or both, and cases where secondary roads are constructed or maintained, or both, in accordance with the City of Newport News standards.

Redevelopment. The process of developing land in Chesapeake Bay Preservation Areas, except for industrial waterfront intensely developed areas, that is currently or has been previously developed; provided that, to be considered developed a parcel must be or have been covered by at least sixty (60) percent impervious improvements within the five (5) years preceding the proposed development.

Resource Management Area (RMA). That component of the Chesapeake Bay Preservation Area that is not classified as the resource protection area. RMAs include land types that, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of a resource protection area.

Resource management area components. See section 37.1-49(a)(2).

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 and local waters.

Resource protection area components. See section 37.1-49(a)(1).

Seaward fifty (50) feet of resource protection area (RPA) buffer. The fifty (50) feet of the RPA 100-foot buffer adjacent to RPA components identified in section 37.1-49(a)(1)a., b. and c.

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 OC the Code of Virginia.

Tidal shore. The area of land between mean low water level and mean high water level.

Tidal wetlands. Vegetated and nonvegetated wetlands as defined in Section 28.2-1300 of the Code of Virginia, as amended.

Water-dependent facility. A development of land that cannot exist outside the resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include:

(1)

Beaches and other public water-oriented recreation areas.

(2)

Dry docks.

(3)

Fisheries or other marine resource facilities.

(4)

Fueling areas associated with marinas or marine vessels.

(5)

Intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers.

(6)

Loading, unloading and freight staging areas necessary for the convenient and efficient operation of ports and marinas (including staging areas for dry and liquid bulk and "high and dry" automated boat storage equipment).

(7)

Marinas and other boat docking structures (including all utility lines necessary for convenient and efficient operations).

(8)

Mooring slips, docks, piers, ports, buoys, launch ramps, access roads and paths necessary to conveniently and efficiently serve these facilities.

(9)

Nature study and passive recreation facilities with no structures or impervious surfaces.

(10)

Rail lines, conveyor systems and other related facilities necessary for convenient and efficient servicing and loading or unloading water-transported goods.

(11)

Seafood off-landing, handling or processing for water-transported seafood.

(12)

Shipbuilding, repair and maintenance yards.

(13)

Water-dependent portions of research facilities operated by educational institutions.

Wetlands. Any tidal or nontidal wetlands.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-49. - Areas of applicability.

(a)

The general location of resource protection areas, resource management areas, and industrial waterfront intensely developed areas are shown on the designated map adopted by city council. The map, together with all explanatory matter thereon, as adopted by the city council shall be a part of this article.

(1)

The components of a resource protection area are:

a.

Tidal wetlands;

b.

Nontidal wetlands which are connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;

c.

Tidal shores; and

d.

A buffer area not less than one hundred (100) feet in width, located adjacent to and landward of the components listed in subsections a. through c. above, and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the resource protection area notwithstanding the presence of permitted uses, encroachments and permitted vegetation clearing in compliance with section 37.1-51

(2)

The components of a resource management area shall consist of all lands within one hundred (100) feet landward of the landward boundary of the resource protection area buffer and in addition includes all land containing slopes greater than fifteen (15) percent, all areas within the one hundred (100) year floodplain and highly erodible soils. Council may designate other lands it deems important to maintenance of water quality as resource management area.

(3)

Industrial waterfront intensely developed areas (IWIDAs) are those portions of Chesapeake Bay Preservation Areas so designated by the city council because of the intensity of industrial land uses located along the shoreline that are characterized by an absence of natural environmental features and a preponderance of impervious surface and bulkheaded or riprapped shoreline.

Industrial waterfront IDAs are areas further characterized as areas where little of the natural environment remains and development has severely altered the natural state of the area.

(b)

The Chesapeake Bay Preservation Area Map is hereby declared to delineate the general location of Chesapeake Bay Preservation Areas. Site specific delineation of Chesapeake Bay Preservation Areas shall be required as provided in section 37.1-50. The director of planning shall have the final authority in cases of uncertainty to determine the extent of these areas by application of criteria set forth in this section.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-50. - Interpretation of Chesapeake Bay Preservation Areas.

(a)

Delineation by the applicant. The site-specific boundaries of the resource protection area shall be determined by the applicant through the performance of an environmental site assessment, subject to review and approval by the director of planning, in accordance with section 37.1-52, plan of development. The Chesapeake Bay Preservation Map shall be used as a guide to the general location of resource protection areas and resource management areas. However, a reliable on site evaluation shall be conducted to determine whether water bodies on or adjacent to the site have perennial flow and the resource protection area boundaries for the site shall be adjusted, as necessary, based upon the findings of the on site evaluation. The specific boundaries of the industrial waterfront IDA are designated by the city council on the adopted Chesapeake Bay Area Map. The boundaries of the industrial waterfront IDA overlay the boundaries of the underlying resource protection area and resource management area.

(b)

Delineation by the director of planning. The director of planning, when requested by an applicant wishing to construct a single-family residence or addition or accessory structure, may waive the requirement for an applicant performed environmental site assessment and the city shall perform the delineation. The applicant is responsible for incorporating this information into an application for a building permit.

(c)

Where conflict arises over delineation. Where, when required pursuant to the terms of this article, the applicant has provided a site-specific delineation of the Chesapeake Bay Preservation Areas, the director of planning will verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the director of planning may render adjustments to the applicant's boundary delineation, in accordance with section 37.1-52, plan of development. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of section 37.1-52(i), denial of plan, appeal of conditions or modifications.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-51. - Performance standards.

(a)

Purpose and intent. The purpose and intent of these requirements, as set forth in section 37.1-47(a), is to establish criteria to implement the following objectives: prevent a net increase in nonpoint source pollution from development; achieve a ten (10) percent reduction in nonpoint source pollution from redevelopment; and achieve a forty (40) percent reduction in nonpoint source pollution from agricultural and silvicultural uses.

The performance standards recognize that diverse local circumstances require varying methods for protecting water quality. The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxins, and maximize rainwater infiltration. Where land is undeveloped and not actively used, natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential.

Industrial waterfront intensely developed areas do not lend themselves to compliance with the performance standards set forth above. Industrial waterfront IDAs are characterized by the absence of indigenous vegetation, the preponderance of impervious cover and the presence of intense industrial activities. The performance standards for industrial waterfront IDAs have been implemented in recognition that the remaining natural ground cover may not be effective in holding soil in place and preventing site erosion in areas subject to more intense activity and that infiltration of surface waters into the ground in these areas may lead to groundwater contamination.

(b)

General performance standards for development and redevelopment. Performance standards for development and redevelopment within all Chesapeake Bay Preservation Areas, except within industrial waterfront IDAs, are set forth in subsection (1). Performance standards for development and redevelopment within all resource protection areas, except within Industrial Waterfront IDAs, are set forth in subsection (2). Performance standards for development and redevelopment within industrial waterfront IDAs are set forth in subsection (3).

(1)

Chesapeake Bay Preservation Areas. The following performance standards for development and redevelopment apply in all Chesapeake Bay Preservation Areas except industrial waterfront IDAs and as otherwise hereinafter set forth.

a.

All development and redevelopment (i.e. land disturbance) exceeding two thousand five hundred (2,500) square feet of land disturbance in Chesapeake Bay Preservation Areas shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of the site plan ordinance.

b.

Development in resource protection areas may be allowed subject to approval by the director of planning only if it is (1) water dependent or constitutes redevelopment; (2) constitutes development or redevelopment within a designated intensely developed area; (3) is a new use established pursuant to subsection (b)(2)b and (b)(2)c. of this section; (4) is a road or driveway crossing satisfying the conditions set forth in subdivision d. below; or (5) is a flood control or stormwater management facility satisfying the conditions set forth in subdivision (b)(1)m. of this section.

1.

A new or expanded water-dependent facility may be allowed provided that:

i.

It does not conflict with the city's comprehensive plan.

ii.

It complies with the performance criteria set forth in this part.

iii.

Any non-water-dependant component is located outside of resource protection areas.

iv.

Access will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided.

2.

Redevelopment outside designated intensely developed areas shall be permitted in the resource protection area only if there is no increase in the amount of impervious cover and no further encroachment within the resource protection area, and it shall conform to applicable erosion and sediment control and stormwater management criteria set forth within this article as well as all applicable stormwater management requirements.

c.

A water quality impact assessment shall be required for any proposed land disturbances within any resource protection area and may be required within resource management areas as deemed necessary by the director of engineering due to the unique characteristics of the site or based upon the intensity of development and in accordance with the provisions of section 37.1-52, plan of development.

d.

Roads and driveways not exempt under section 37.1-54(a) of this chapter may be constructed in or across resource protection areas if the director of engineering finds that:

1.

There are no reasonable alternatives to aligning the road or driveway in or across the resource protection area.

2.

The alignment and design of the road or driveway minimizes encroachment in the resource protection area and adverse effects on water quality.

3.

The design and construction of the road or driveway satisfies all applicable criteria in this article, including submission of a water quality impact assessment as appropriate.

4.

The plan for the road or driveway proposed in or across the resource protection area has been reviewed through the site plan or subdivision plan review process.

e.

Land disturbance shall be limited to the area necessary to provide for the proposed use or development.

1.

In accordance with an approved site plan, the limits of land disturbance, including clearing or grading shall be clearly shown on submitted plans and physically marked on the development site.

2.

Where feasible, ingress and egress during construction shall be limited to one (1) access point, unless otherwise approved by the director of engineering.

f.

Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the use or development proposed and in accordance with the Virginia Erosion and Sediment Control Handbook, as adopted by Chapter 35, Article III of the Code.

1.

Existing trees shall be preserved outside the limits of land disturbance. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed, pursuant to section 37.1-51(b)(2)a.

2.

Clearing shall be allowed only to provide necessary vehicular access, positive site drainage, water quality BMPs, and the installation of utilities as approved by the director of engineering.

3.

Prior to clearing or grading, suitable protective barriers, such as fencing shall be erected five (5) feet outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier unless otherwise authorized by the director of engineering.

g.

Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the proposed use or development.

1.

Pervious surfaces, such as grid and modular pavements, shall be considered for any required parking area, alley, or other low traffic driveway and approved by the director of engineering.

2.

Parking requirements shall be otherwise governed by the zoning ordinance.

h.

Notwithstanding any other provisions of this article or exceptions or exemptions thereto, including gardening, landscaping and maintenance activities, any land disturbing activities exceeding two thousand five hundred (2,500) square feet in a Chesapeake Bay Preservation Area shall comply with the requirements of Chapter 35 of the City Code, Soil Removal and Other Land-Disturbing Activities.

i.

For any development or redevelopment that exceeds those land disturbance levels identified in h, above, stormwater runoff shall be controlled by the use of Best Management Practices contained in the Newport News Design Criteria Manual that achieve the following:

1.

For development, the post-development nonpoint source pollution runoff load of a site shall not exceed the pre-development load. The predevelopment load shall be based on the average phosphorus loading of the Newport News Chesapeake Bay Watershed, nine-tenths (0.9) pounds per acre per year, based upon an average impervious cover of thirty-six (36) percent.

2.

For redevelopment of sites within a Chesapeake Bay Preservation Area, the post-developed nonpoint source pollution load of a site shall be reduced to achieve at least a ten (10) percent reduction based on the existing pre-development conditions of the site. The director of engineering may waive or modify this requirement for redevelopment sites that originally incorporated Best Management Practices for stormwater runoff quality control, provided the following provisions are satisfied:

i.

In no case may the post-development nonpoint source pollution runoff load exceed the pre-development load.

ii.

Runoff pollution loads must have been calculated and the BMPs selected for the expressed purpose of controlling nonpoint source pollution.

iii.

If Best Management Practices are structural, evidence shall be provided that facilities are currently in good working order and performing at the design levels of service. The director of engineering may require a review of both the original structural design and maintenance plans to verify this provision. The director of engineering may also require a new maintenance agreement to ensure compliance with this subsection.

3.

For redevelopment, both the pre- and post-development loadings shall be calculated using the same procedures. However, where the design data are available, the original post-development nonpoint source pollution loadings can be substituted for the existing development loadings.

j.

Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the director of engineering, in accordance with section 37.1-52, plan of development. In lieu of the aforesaid permits, the applicant may present a letter from a licensed engineer certifying that in his opinion no such permits are required. A copy of said letter shall be submitted to the director of engineering.

k.

Stormwater management criteria consistent with the water quality protection provisions (4 VAC 3-20-71 et seq.) of the Virginia Stormwater Management Regulations (4 VAC 3-20) shall be satisfied.

1.

The following stormwater management options shall be considered to comply with this subsection of this chapter:

i.

Incorporation on the site of Best Management Practices that meet the water quality protection requirements set forth in this subsection. [For the purposes of this subsection, the "site" may include multiple projects or properties that are adjacent to one another or lie within the same drainage area where a single Best Management Practice will be utilized by those projects to satisfy water quality protection requirements];

ii.

Compliance with a locally adopted regional stormwater management program, which may include a Virginia Pollution Discharge Elimination System (VPDES) permit issued by the Department of Environmental Quality to a local government for its municipally owned separate storm sewer system discharges, that is reviewed and found by the board to achieve water quality protection equivalent to that required by this subsection; and

iii.

Compliance with a site-specific VPDES permit issued by the Department of Environmental Quality, provided that the local government specifically determines that the permit requires measures that collectively achieve water quality protection equivalent to that required by this subsection.

2.

Any maintenance, alteration, use or improvement to an existing structure that does not degrade the quality of surface water discharge as determined by the director of engineering, may be exempted from the requirements of this subsection.

3.

Stormwater management criteria for redevelopment shall apply to any redevelopment, whether or not it is located within an intensely developed area designated by the city.

l.

Where Best Management Practices utilized require regular or periodic maintenance in order to continue their functions such maintenance shall be ensured by a maintenance agreement between the owner or developer and the city or some other effective mechanism that achieves an equivalent objective as determined by the director of engineering.

m.

Flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a water shed may be allowed in resource protection areas provided that (1) the city has conclusively established the location of the facility within the resource protection area is the optimum location; (2) the size of the facility is the minimum necessary to provide necessary flood control and stormwater treatment, or both; (3) the facility must be consistent with a stormwater management program that has been approved by the Chesapeake Bay Local Assistance Board as a Phase I modification to the city's program; (4) if all applicable permits for construction in state or federal waters are obtained from the appropriate state and federal agencies; (5) approval must be received from the director of engineering prior to construction and (6) routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed. It is not the intent of this subsection to allow a Best Management Practice that collects and treats runoff from only an individual lot or some portion of the lot to be located within a resource protection area.

(2)

Resource protection area buffer requirements. Except as hereinafter set forth, the following requirements shall apply within all resource protection areas. Development and redevelopment within industrial waterfront IDAs is exempt from these requirements.

To minimize the adverse effects of human activities on the other components of resource protection areas, state waters, and aquatic life, it is recognized that a one hundred-foot vegetative buffer area is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. A vegetated buffer area not less than one hundred (100) feet in width shall be established where it does not exist and retained where already present.

The buffer area shall be located adjacent to and landward of all RPA components and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the RPA, in accordance with sections 37.1-49, areas of applicability and 37.1-52, plan of development.

The one hundred (100) foot buffer area shall be deemed to achieve a seventy-five (75) percent reduction of sediments and a forty (40) percent reduction of nutrients.

The buffer area shall be maintained to meet the following additional performance standards:

a.

In order to maintain the functional value of the buffer area, indigenous vegetation may be removed subject to approval by the director of planning only to provide for reasonable sight lines, access paths, general woodlot management and Best Management Practices, as follows:

1.

Trees may be pruned or removed as necessary to provide for reasonable 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.

Any 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 allowed pursuant to sound horticultural standard, subject to approval of the director of planning.

4.

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.

b.

When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the director of planning, after consulting with the director of engineering, may allow encroachment into the buffer area in accordance with section 37.1-52, plan of development and the following criteria:

1.

Encroachments into the buffer area shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities.

2.

Where practicable, a vegetated area that will maximize water quality protection, mitigate the effect of buffer encroachment, and is, equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel.

3.

The encroachment may not extend into the seaward fifty (50) feet of the buffer area.

c.

When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989 and March 1, 2002, encroachments into the buffer area may be allowed through an administrative process in accordance with the following criteria:

1.

The lot or parcel was created as a result of a legal process conducted in conformity with the city's subdivision regulations;

2.

Conditions or mitigation measures imposed through previously approved exceptions shall be met;

3.

If the use of a Best Management Practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be re-established or repaired and maintained as required; and

4.

The criteria in subdivision (2)b. of this section shall be met.

(3)

Industrial waterfront intensely developed areas. For the purpose of this article, industrial waterfront IDAs shall serve as redevelopment areas in which development is concentrated. For the purposes of this subsection, development and redevelopment are subject to the same requirements and are collectively referred to as "development". Any development within industrial waterfront IDAs shall require a water quality impact assessment pursuant to section 37.1-52(f). Development within industrial waterfront IDAs shall be subject only to the requirements set forth below.

a.

For development of land where all stormwater runoff is governed by a site specific Virginia Pollution Discharge Elimination System (VPDES) permit, compliance with the permit shall satisfy the performance standards of this subsection, provided that the director of engineering specifically determines that the permit requires measures that collectively achieve water quality protection equivalent to that provided by this section; provided, further, that all land disturbing activities exceeding two thousand five hundred (2,500) square feet shall comply with the requirements of Chapter 35 of the City Code, Soil Removal and Other Land-disturbing Activities. A copy of such permit shall be submitted to the director of engineering.

b.

For development of land where all stormwater runoff is not governed by a VPDES permit the following performance standards shall apply:

1.

All development exceeding two thousand five hundred (2,500) square feet of land disturbance shall be subject to a plan of development process in accordance with the provisions of the site plan ordinance.

2.

All land disturbing activities exceeding two thousand five hundred (2,500) square feet shall comply with the requirements of Chapter 35 of the City Code, Soil Removal and Other Land-disturbing Activities.

3.

Where Best Management Practices utilized require regular or periodic maintenance in order to continue their functions, such maintenance shall be ensured by a maintenance agreement between the owner or developer and the city or some other effective mechanism that achieves an equivalent objective as determined by the director of engineering.

4.

For any development, stormwater runoff shall be controlled to achieve the following: (i) For sites not currently served by Best Management Practices the post-development nonpoint source pollution load shall be reduced by ten (10) percent based on the existing pre-development load of nonpoint source pollution in surface runoff; and (ii) For sites currently served by Best Management Practices the post-development nonpoint source pollution load shall not exceed the existing pre-development load of nonpoint source pollution in surface runoff.

5.

Prior to initiating grading or other land disturbing activities exceeding two thousand five hundred (2,500) square feet, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the director of engineering. In lieu of the aforesaid permits, the applicant may present a letter from a licensed engineer certifying that in his opinion no such permits are required. A copy of said letter shall be submitted to the director of engineering.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-52. - Plan of development.

(a)

Required information. In addition to the requirements of Chapter 33.02, Site Plan Ordinance, or the requirements of Appendix B, Subdivision Ordinance, of the City Code, all development in the Chesapeake Bay Preservation Areas shall follow the plan of development process consisting of the additional plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the director of engineering. The director of engineering may determine that some of the following information is unnecessary due to the scope and nature of the proposed development.

The following plans or studies shall be submitted to the director of engineering unless otherwise noted in each subsection:

(1)

An environmental site assessment;

(2)

A landscaping/tree preservation plan;

(3)

A stormwater management plan;

(4)

An erosion and sediment control plan in accordance with the Virginia Erosion and Sediment Control Handbook, as adopted by Chapter 35, Article III of the City Code; and

(5)

A water quality impact assessment as necessary under the requirements of subsection (f).

(b)

Environmental site assessment. An environmental site assessment shall be prepared, based upon reliable on site investigation, and shall be submitted for any development or redevelopment.

(1)

The environmental site assessment shall be drawn to scale and clearly delineate the following environmental features:

a.

Tidal wetlands;

b.

Tidal shores;

c.

Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; and

d.

A buffer area not less than one hundred (100) feet in width located adjacent to and landward of the components listed in subsection (a) through (c) above, and along both sides of any water body with perennial flow.

(2)

Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

(3)

The environmental site assessment shall delineate the site-specific geographic extent of the resource protection area.

(4)

The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat, and shall be certified as complete and accurate by a professional engineer or a certified land surveyor.

(c)

Landscaping and tree preservation plan. A landscaping/tree preservation plan shall be submitted in conjunction with site plan approval or as part of subdivision plat approval. No clearing or grading of any lot or parcel shall be permitted without an approved landscaping/tree preservation plan. No landscaping/tree preservation plan shall be required in connection with development in Industrial Waterfront IDAs.

Landscaping/tree preservation plans shall be prepared and certified by design professionals practicing within their areas of competence as prescribed by the Code of Virginia.

(1)

Contents of the plan.

a.

The landscaping plan shall be drawn to scale and clearly delineate the location, size and description of existing and proposed plant material. All existing trees on the site five (5) inches or greater DBH shall be shown on the landscaping plan. Where there are groups of five (5) or more trees, stands may be outlined instead. The specific number of trees be preserved outside of the limits of clearing shall be indicated on the plan. Dead, diseased and dying trees to be removed shall be clearly delineated on the landscaping plan. The plan shall be consistent with Chapter 33.02 of the City Code, Site Plan Ordinance.

b.

Any required buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this article, shall be shown on the landscaping plan.

c.

Within the buffer area, trees to be removed for sight lines, vistas, vehicular access, paths, and shoreline erosion control, as provided for in this article shall be shown on the plan. Vegetation required to replace any existing trees within the buffer area shall be also shown on the landscaping plan.

d.

Trees to be removed for shoreline stabilization projects and any replacement vegetation required shall be shown on the landscaping plan.

e.

The plan shall depict grade changes or other work adjacent to trees which would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved.

f.

The landscaping plan will include specifications for the protection of existing trees during clearing, grading, and all phases of construction, consistent with such measures as described in Article IV of Chapter 37.1 and Chapter 33.02, Site Plan Ordinance of the City Code.

(2)

Plant specifications.

a.

All plant materials necessary to supplement the buffer area or vegetated areas outside the disturbed land area shall be installed in accordance with the specifications referred to in Chapter 33.02, Site Plan Ordinance of the City Code.

b.

All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen.

c.

When existing trees and other vegetation to be preserved, as designated on an approved landscaping plan, are encroached upon, they shall be replaced. Replacement trees shall be planted at a ratio of three (3) to one (1), at the time of planting.

(d)

Stormwater management plan. A stormwater management plan shall be submitted as part of the plan of development process required by this article and in conjunction with site plan or subdivision plan approval; provided; however, a stormwater management plan shall not be required if discharge of stormwater from an applicant's land is governed by a NPDES permit or a VPDES permit. In such cases, a copy of the permit shall be submitted to the director of engineering in lieu of the stormwater management plan.

(1)

Contents of the plan. The stormwater management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions, explanation, and citations to supporting references as appropriate to communicate the information required by this article. At a minimum, the stormwater management plan must contain the following:

a.

Location and design of all planned stormwater control devices.

b.

Procedures for implementing non-structural stormwater control practices and techniques which can be described in narrative form.

c.

Pre-and post-development nonpoint source pollutant loadings with supporting documentation of all utilized coefficients and calculations.

d.

For facilities, verification of structural soundness, including a professional, engineer or Class IIIB Surveyor Certification.

(2)

Site-specific facilities shall be designed for the ultimate development of that site based on zoning, comprehensive plans, or other similar planning documents.

(3)

All engineering calculations must be performed in accordance with procedures outlined in the current edition of the Commonwealth of Virginia Stormwater Management Handbook.

(4)

The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities that includes all maintenance requirements and persons responsible for performing maintenance. If the designated maintenance responsibility is with a party other than the City of Newport News then a maintenance agreement shall be executed between the responsible party and the city. A copy of said maintenance agreement shall be provided to the director of engineering for review and approval.

(e)

Erosion and sediment control plan. An erosion and sediment control plan shall be submitted to the director of engineering that satisfies the requirements of, and in accordance with, Chapter 35 of this Code, in conjunction with site plan or subdivision plan approval.

(f)

Resource protection area and resource management area water quality impact assessment.

(1)

Purpose and intent. The purpose of the water quality impact assessment is to:

a.

Identify the impacts of proposed development or redevelopment on water quality and lands within the resource protection areas and the resource management areas as deemed necessary by the director of engineering due to the unique characteristics of the site or based upon the intensity of development;

b.

Ensure that, where development does take place within these areas, it will be the least disruptive;

c.

Provide for administrative relief from the terms of this article when warranted and in accordance with the requirements contained herein; and

d.

Specify mitigation which will address water quality protection.

(2)

Water quality impact assessment required. A water quality impact assessment is required for any proposed land disturbances within the resource protection area, including any buffer area encroachment as provided for in section 37.1-51(b)(2), resource protection area buffer requirements. There shall be two (2) levels of water quality impact assessments: a minor assessment and a major assessment.

(3)

Minor water quality impact assessment. A minor water quality impact assessment pertains only to land disturbance, development or redevelopment within the resource protection area which causes no more than ten thousand (10,000) square feet of land disturbance and requires any modification or reduction of the landward fifty (50) feet of the one hundred-foot buffer area. Submission of a plan of development that demonstrates through the use of calculations provided for by section 37.1-52(d)(1)c., that the remaining buffer area and necessary Best Management Practices will result in removal of no less than seventy-five (75) percent of sediments and forty (40) percent of nutrients from post-development stormwater runoff shall be deemed to have satisfied the requirement for a minor water quality impact assessment. Best Management Practices should retard runoff, prevent erosion and filter nonpoint source pollution the equivalent of the full undisturbed one hundred-foot buffer area.

(4)

Major water quality impact assessment. A major water quality impact assessment shall be required for any land disturbance, development or redevelopment which: (i) exceeds ten thousand (10,000) square feet of land disturbance within a resource protection area or (ii) disturbs any other component of the RPA seaward of the landward fifty (50) feet of the one hundred-foot buffer area. The information required in this section shall be considered a minimum, unless the director of engineering determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land.

a.

A hydrogeological element that:

1.

Describes the existing topography, soils, hydrology and geology of the site and adjacent lands.

2.

Describes the impacts of the proposed development on topography, soils, hydrology and geology on the site.

3.

Describes the proposed mitigation measures for the potential hydrogeological impacts which may include:

i.

Proposed erosion and sediment controls; including minimizing the extent of the cleared area, and cut and fill, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, schedule and personnel for site inspection;

ii.

Proposed stormwater management system;

iii.

Creation of wetlands to replace those lost; and

iv.

Minimizing cut and fill.

b.

A landscape element that describes the potential measures for mitigation of the water quality and land impacts including:

1.

Replanting schedule for trees and other significant vegetation removed for construction;

2.

Demonstrating that the design of the plan will provide effective erosion control and overland flow benefits from such vegetation; and

3.

Demonstrating the use of indigenous plants to the greatest extent possible.

c.

As part of any major water quality impact assessment submittal, the city manager, upon the recommendation of the director of planning and the director of engineering, may require a review by the department of conservation and recreation (DCR). Upon receipt of a major water quality impact assessment, the city manager, upon the joint recommendation of the director of planning and the director of engineering, will determine if such review is warranted and may request DCR to review the assessment and respond with written comments. Any comments by DCR may be incorporated into the final review by the director of engineering, provided that such comments are provided by DCR within ninety (90) days of the request.

(5)

Evaluation procedure.

a.

Upon the completed review of a minor water quality impact assessment, the director of engineering will determine if any proposed modification or reduction to the buffer area is consistent with the provisions of this article and that the following criteria have been satisfied:

1.

The proposed encroachment is necessary due to the inability to place improvements elsewhere to provide a reasonable and appropriate buildable area on the site;

2.

Impervious surface is minimized;

3.

Proposed Best Management Practices, where required, achieve the requisite reductions in pollutant loadings; and

4.

The development, as proposed, meets the purpose and intent of this article.

b.

Upon completed review of a major water quality impact assessment, the director of engineering will determine if the proposed development satisfies the following criteria:

1.

Within any RPA, the proposed development is water-dependent;

2.

Proposed erosion and sediment control concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation;

3.

Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve the required performance standard for pollutant control;

4.

Proposed re-vegetation of disturbed areas will provide effective erosion and sediment control benefits; and

5.

The cumulative impact of the proposed development, when considered in relation to other development in the vicinity, will not result in a significant degradation of water quality.

(g)

Final plan.

(1)

Final plans for all lands in connection with all development within a resource protection area shall include the following additional information.

a.

The delineation of the resource protection area boundary;

b.

The delineation of required buffer areas;

c.

Evidence of all wetlands permits required by law or a letter from a licensed engineer certifying that in his opinion no such permits are required. A copy of said letter shall be submitted to the director of engineering; and

d.

A maintenance agreement as deemed necessary and appropriate by the director of engineering to ensure proper maintenance of Best Management Practices in order to continue their functions shall be submitted to the director of engineering for review and approval.

(2)

Installation and surety requirements.

a.

When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specification of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the director of engineering a form of surety satisfactory to the city attorney in an amount equal to the remaining plant materials, related materials, and installation costs of the required landscaping or other specifications or maintenance costs for any required stormwater management facilities.

b.

All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety may be forfeited to the City of Newport News.

c.

All required stormwater management facilities or other specifications shall be installed and approved within eighteen (18) months of project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to City of Newport News. The City of Newport News may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held.

d.

After all required actions of the approved plan have been completed, the applicant must submit a written request for a final inspection. If the requirements of the approved plan have been completed to the satisfaction of the director of engineering, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within sixty (60) days following the receipt of the applicant's request for final inspection. The director of engineering may require a certificate of substantial completion from a professional engineer or Class III B Surveyor before making a final inspection.

(h)

Administrative responsibility. Administration of the plan of development process shall be in accordance with Chapter 33.02, Site Plan Ordinance of the City Code.

(i)

Denial of plan, appeal of conditions or modifications.

(1)

In the event the final plan or any component of the plan of development process is disapproved and recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the city manager. Such appeals must be in writing and be filed within ten (10) working days of the decision from which appeal is sought. Prior to granting relief to an application, the city manager must find that the plan is in accordance with all applicable ordinances and includes all necessary elements to mitigate any detrimental impact on water quality. If the city manager finds that the applicant's plan does not meet the above stated criteria, he shall deny the relief sought.

(2)

If the city manager denies the relief sought as provided herein and the applicant contends such denial was not proper, he may appeal in writing to the circuit court of Newport News, provided that such appeal is filed with the circuit court within sixty (60) days following the date of denial. Such appeal shall be heard by the court, which shall uphold the decision of the city manager unless it finds that appellant has proved by clear and convincing evidence that there exists no rational basis to support the denial.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-53. - Nonconforming uses and noncomplying structures.

(a)

The lawful use of buildings or structures and land in conjunction with improvements which existed on July 1, 1991 and which is not in conformity with these provisions may be continued.

(b)

No expansion of existing structures shall be allowed with the exception that:

(1)

The director of planning may grant a development waiver for the expansion of existing legal nonconforming principal structures provided that the director of engineering has certified that:

a.

There will be no net increase in nonpoint source pollution load;

b.

Any development or land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all erosion and sediment control requirements;

c.

The requested waiver from the criteria is the minimum necessary to afford relief;

d.

Granting the exception will not confer upon the applicant any special privileges that are denied by Chapter 37.1 of the City Code to other property owners who are subject to its provisions and who are similarly situated;

e.

The waiver is in harmony with the purpose and intent of this part and is not of substantial detriment to water quality;

f.

The exception request is not based upon conditions or circumstances that are self-created or self-imposed;

g.

Reasonable and appropriate conditions are imposed, as warranted, that will prevent the allowed activity from causing a degradation of water quality;

h.

Other findings, if appropriate and required by the local government, are met.

(2)

Structures existing within the Chesapeake Bay Preservation Areas as of the adoption date of this article which are destroyed by casualty or act of God may be reconstructed as a matter of right, provided that reconstruction begins within two (2) years of the casualty, reconstruction is, thereafter, diligently pursued, and the new structure is constructed entirely on or within the boundary (footprint) of the original structure.

(3)

No development waiver shall be required to perform normal maintenance on any structure within a Chesapeake Bay Preservation Area.

(4)

No development waiver shall be processed unless the applicant provides satisfactory evidence that any delinquent real estate taxes owed to the city which have been properly assessed against the subject property have been paid.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-54. - Exemptions for utilities, railroads, public roads and facilities.

(a)

Construction, installation, operation, and maintenance of electric, steam, natural gas, CATV, fiber optic and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with regulations promulgated pursuant to: (i) the Erosion and Sediment Control Law (Section 10.1-560 et seq. of the Code of Virginia, as amended) and (ii) the Stormwater Management Act (Section 10.1-603.1 et seq. of the Code of Virginia, as amended), or an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Soil Conservation and Recreation, will be deemed to constitute compliance with this article. The exemption of public roads is further conditioned on:

(1)

Optimization of the road alignment and design, consistent with other applicable requirements, to prevent or otherwise minimize (i) encroachment in the resource protection area and (ii) adverse effects on water quality; and

(2)

The exemption for public roads shall apply to all public roads as defined in section 37.1-48

(b)

Construction, installation, and maintenance of water, sewer, steam, natural gas and underground telecommunications and cable television lines owned, permitted, or both, by a local government or regional service authority shall be exempt from the criteria in this article provided that:

(1)

To the degree possible, the location of such utilities and facilities should be outside resource protection areas;

(2)

No more land shall be disturbed than is necessary to provide for the proposed utility installation.

(3)

All such construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable federal, state and local permits and designed and conducted in a manner that protects water quality.

(4)

Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all erosion and sediment control requirements of this article.

(c)

Exemption for silvicultural activities, including harvesting timber, are exempt from the requirements of this article provided such operations adhere to water quality protection procedures prescribed by the Department of Forestry in its "Virginia's Forestry Best Management Practices for Water Quality" technical guide.

(d)

Exemptions in resource protection areas. The following land disturbances are exempt from land disturbing permit requirements in the resource protection areas:

(1)

Water wells;

(2)

Passive recreation facilities such as boardwalks, trails, and pathways; and

(3)

Historic preservation and archeological activities;

(4)

Provided that for (1), (2) or (3) above it is demonstrated to the satisfaction of the director of engineering that:

a.

Any required permits, except those to which this exemption specifically applies, shall have been issued;

b.

Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with all City of Newport News erosion and sediment control requirements.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-55. - Exceptions.

(a)

A property owner may apply to the board of zoning appeals for an exception to the requirements of this article.

(b)

No exception shall be authorized except after notice and hearing, as required by Section 15.2-2204 of the Code of Virginia, except that only one (1) hearing shall be required before the board. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the notice may be given by first class mail rather than by registered or certified mail.

(c)

The board may grant exceptions to the provisions of sections 37.1-51(b)(1)b., 37.1-51(b)(1)c., 37.1-51(b)(1)d., 37.1-51(b)(1)m. and 37.1-51(b)(2) upon its making the following findings:

(1)

The requested exception to the criteria is the minimum necessary to afford relief;

(2)

Granting the exception will not confer upon the applicant any special privileges that are denied by this chapter to other property owners who are subject to its provisions and who are similarly situated;

(3)

The exception is in harmony with the purpose and intent of this chapter and is not of substantial detriment to water quality;

(4)

The exception request is not based upon conditions or circumstances that are self-created or self-imposed;

(5)

Reasonable and appropriate conditions are imposed as warranted that will prevent the allowed activity from causing a degradation of water quality; and

(6)

Other conditions required by the board are met.

(d)

Exceptions to other provisions of this article may be granted administratively by the director of planning, subject to the findings required by subsection (c) herein, provided that (1) exceptions to the criteria shall be the minimum necessary to afford relief; and (2) reasonable and appropriate conditions upon any exception granted shall be imposed, as necessary so that the purpose and intent of this article is preserved.

(e)

Notwithstanding the provisions of subsections (a) and (b), additions and modifications to existing legal nonconforming principal structures may be processed through the provisions of section 37.1-53, but without a requirement for a public hearing. This subsection shall not apply to accessory structures.

(f)

No exception shall be processed unless the applicant provides satisfactory evidence that any delinquent real estate taxes owed to the city which have been properly assessed against the subject property have been paid.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-55.1. - Appeals, limitations.

An aggrieved party must file any appeal in the circuit court of the city of any decision of the board of zoning appeals regarding ordinances pursuant to this article within thirty (30) days of the date of the decision of the board.

(Ord. No. 6517-08, § 1)

Sec. 37.1-56. - Conflict with other regulations.

In any case where the requirements of this article conflict with any other provision of the Code of the City of Newport News or existing state or federal regulations, whichever imposes the more stringent restrictions shall apply.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)

Sec. 37.1-57. - Enforcement.

(a)

Any person who violates any of the provisions of this article shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00). Each day's continuance of such violation shall constitute a separate offense.

(b)

Any person who: (i) violates any provision of this article or (ii) violates or fails, neglects, or refuses to obey any final notice, order, rule, regulation or variance or permit condition authorized under such chapter shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the city for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, in such a manner as the court may direct by order.

(c)

With the consent of any person who: (i) violates any provision of this article related to the protection of water quality in Chesapeake Bay Preservation Areas or (ii) violates or fails, neglects, or refuses to obey any notice, order, rule, regulation, or variance or permit condition authorized under such chapter, the city may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil charges shall be paid into the treasury of the city for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein. Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subsection (b) of this section. Civil charges may be in addition to the cost of any restoration required or ordered by the city.

(Ord. No. 5991-03, § 1; Ord. No. 6097-05)