Code of Ordinances, City of Portsmouth, Virginia ...

Code of Ordinances, City of Portsmouth, Virginia Abstracted April 2016

Chapter 6 BOATS AND WATERWAYS

ARTICLE I. IN GENERAL Sec. 6-1. Deposit of trash, logs, etc., in city waters or obstructing such waters. It shall be a class 1 misdemeanor for any person to throw or otherwise dispose of trash, debris, tree laps, logs or fell timber or make or cause to be made any obstruction which exists for more than a week in any river, creek, stream or swamp, so as to obstruct the free passage of boats, canoes or other floating vessels or fish in such waters. (Code 1973, ? 23-507; Code 1988, ? 6-1) Cross reference-- Penalty for class 1 misdemeanor, ? 1-11; unlawful disposal of trash generally, ? 16-3 et seq.

Chapter 9 CEMETERIES

ARTICLE I. IN GENERAL Sec. 9-4. Malicious mischief. (a) If any person shall:

... (2) Destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any monumental or memorial association; ... ... (Code 1973, ?? 7-4, 21-119; Code 1988, ? 9-4) Cross reference-- Penalty for class 1 misdemeanor, ? 1-11; authority of city manager to offer reward in cases involving damage to city property, ? 2-167. State Law reference-- Similar provisions, Code of Virginia, ? 18.2-127.

Chapter 9.1 CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT

Sec. 9.1-3. Definitions. The following words and terms used in the overlay district have the following meanings, unless the context clearly indicates otherwise. Words and terms not defined in this chapter but defined in the zoning ordinance as set out in chapter 40 shall be given the meanings set forth therein.

Agricultural lands means those lands used for the planting and harvesting of crops or plant growth of any kind in the open; pasture; horticulture; dairying; floriculture; or raising of poultry and/or livestock.

Best management practice or BMP means a practice, or a combination of practices that is determined by a state or designated area-wide planning agency to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

From the Virginia Tree Ordinance Database, ? 2019 Virginia Tech, Department of Forest Resources and Environmental Conservation

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

Chesapeake Bay Preservation Area or CBPA means any land designated by the city council pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9 VAC 10-20-70 et seq., and Code of Virginia, ? 10.1-2107. A Chesapeake Bay Preservation Area shall consist of a resource protection area and a resource management area.

Diameter at breast height or DBH means the diameter of a tree measured outside the bark at a point 4.5 feet above ground.

Dripline means a vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy.

Land disturbance means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the state, including, but not limited to, clearing of vegetation, grading, excavating, transporting, and filling of land. Land change shall include, but not be limited to, any activity that causes, contributes to or results in the destruction, removal or covering of the vegetation upon such land including, but limited to, clearing dredging, filling, grading, or excavating. Land change shall not include minor activities such as home gardening, individual home landscaping, and home maintenance.

(Code 1988, ? 9.1-3; Ord. No. 2004-02, ? 1, 1-13-2004; Ord. No. 2005-04, ? 1, 1-112005; Ord. No. 2009-88, ? 1, 8-25-2009)

Sec. 9.1-10. Performance standards. (a) Purpose and intent. The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural groundcover, 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. The purpose and intent of these requirements are also to implement the following objectives: prevent a net increase in nonpoint source pollution from new development; achieve a ten percent reduction in nonpoint source pollution from development on previously developed land where the runoff was not treated by one or more water quality best management practices; and achieve a 40 percent reduction in nonpoint source pollution from agricultural uses. (b) General performance standards for development and redevelopment.

(1) Land development, redevelopment, or disturbance shall be limited to the minimum area necessary to provide for the proposed use or development.

a. The submitted site plan shall indicate the limits of the proposed land disturbance, including areas for clearing or grading and shall be limited to the minimum area necessary to provide for the construction footprint. These limits shall be clearly shown on submitted plan and physically marked on the development site. b. Ingress and egress during construction shall be limited to one access point. (2) 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.

From the Virginia Tree Ordinance Database, ? 2019 Virginia Tech, Department of Forest Resources and Environmental Conservation

a. Existing trees over two inches in diameter at breast height (DBH) shall be preserved outside the construction footprint. Diseased trees or trees weakened by age, storm, fire, or other injury, as documented in writing to the director of planning by a landscape architect or a certified arborist who holds a current membership in either the International Society of Arboriculture (ISA), the Tree Care Industry Association, or the American Society of Consulting Arborists (ASCA), may be removed. b. Other woody vegetation onsite shall be preserved outside the approved construction footprint. c. Clearing shall be allowed only to provide necessary access, positive site drainage, water quality BMPs, and the installation of utilities. (3) Prior to clearing or grading, suitable protective barriers, such as fencing of a type detailed in the Landscape Planting and Protection Manual, Portsmouth, Virginia shall be erected five 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. (4) Land development, redevelopment or land disturbance which adds impervious cover shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the proposed use or development. Pervious surfaces where soil conditions and/or water table permit shall be used for any parking area, maneuvering aisle, or other low traffic driveway. ... (c) Criteria RPAs. ... (5) Permitted modifications of the buffer area. In order to achieve the functional value of the buffer, existing vegetation may be removed, subject to approval by the city planning director, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, including those that prevent upland erosion and concentrated flows of stormwater, as follows: a. 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. b. Any path shall be constructed and surfaced as to effectively control erosion. c. Dead, diseased, or dying trees or shrubbery and noxious weeds such as Johnson grass, kudzu and multiflora rose may be removed and thinning of trees may be allowed, pursuant to sound horticulture practice. d. For shoreline erosion 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. e. Flower and/or vegetable gardens, or similar amenity as long as no brush and/or trees are removed from the RPA. (6) Buffer area requirements for intensely developed areas. In the intensely developed area the director of planning may, after consulting with the city engineer, exercise discretion regarding whether to require the establishment of vegetation in the 100-foot-wide buffer area. However, while the immediate establishment of vegetation in the buffer area may be impractical, consideration to implementing measures that would establish vegetation in the buffer in these areas over time shall be considered in order to maximize water quality protection, pollutant removal and water resource conservation.

From the Virginia Tree Ordinance Database, ? 2019 Virginia Tech, Department of Forest Resources and Environmental Conservation

(Code 1988, ? 9.1-10; Ord. No. 2004-02, ? 1, 1-13-2004; Ord. No. 2005-04, ? 2, 1-112005; Ord. No. 2009-88, ? 1, 8-25-2009)

Sec. 9.1-11. Plan of development process. Any land disturbance, development or redevelopment exceeding 2,500 square feet of land disturbance shall be accomplished through a plan of development process prior to any clearing or grading of the site or the issuance of any building permit, to assure compliance with all applicable requirements of this chapter. Notwithstanding the provisions above, no clearing or grading of any lot or parcel shall be permitted without an approved clearing plan. For existing single-family lots, a clearing line shown on the plat plan normally submitted as part of the building permit application shall satisfy clearing plan requirements. No clearing or grading shall occur on existing singlefamily lots until a complete building permit application is approved.

... (3) Landscaping plan. A landscaping 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 a prior approved landscaping plan. Landscaping plans shall be prepared and certified by design professionals practicing within their areas of competence as prescribed by the Code of Virginia.

a. Contents of the plan. 1. 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 two inches or greater DBH shall be shown on the landscaping plan. Where there are groups of five or more trees, stands may be outlined instead. The specific number of trees two inches or greater DBH to be preserved outside of the construction footprint shall be indicated on the plan. Trees to be removed shall be clearly delineated on the landscaping plan. The plan shall be consistent with chapter 36, article III of this Code. 2. 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 chapter, shall be shown on the landscaping plan. 3. Within the buffer area, trees to be removed for sight lines, vistas, access paths, and best management practices, as provided for in this chapter, shall be shown on the plan. Vegetation required by this chapter to replace any existing trees within the buffer area shall also be shown on the landscaping plan. 4. Trees to be removed for shoreline stabilization projects and any replacement vegetation required by this chapter shall be shown on the landscaping plan. 5. 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. 6. The landscaping plan will include specifications for the protection existing trees during clearing, grading, and all phases of construction, consistent with such measures as described in the Landscape Planting and Protection Manual, Portsmouth, Virginia.

b. Plant specifications. 1. All plant materials necessary to supplement the buffer area or vegetated areas outside the construction footprint shall be installed in accordance with the specifications referred to in subsection 36-52(9).

From the Virginia Tree Ordinance Database, ? 2019 Virginia Tech, Department of Forest Resources and Environmental Conservation

2. 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. 3. Where areas to be preserved, as designated on an approved landscaping plan, are encroached, replacement of existing trees and other vegetation will be achieved at a ratio of three planted trees to one removed. Replacement trees shall be a minimum of one and onehalf inches DBH at the time of planting. c. Maintenance. The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this chapter. In buffer areas and areas outside the construction footprint, plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season, as required by the provisions of this chapter. ... (6) Water quality impact assessment. ... d. Major water quality impact assessment. A major water quality impact assessment shall be required for any development which: (i) exceeds 5,000 square feet of land disturbance within an RPA; or (ii) is located in a RMA and is deemed necessary by the city engineer. The information required in this section shall be considered a minimum. The following elements shall be included in the preparation and submission of a major water quality assessment: ... 3. A landscape element that describes the proposed measures for mitigation of the water quality and land impacts within CBPAs. Possible mitigation measures include:

(i) Replanting schedule for trees and other significant vegetation removed for construction, in accordance with section 36-52 of the City Code. (ii) Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation. (iii) Demonstration that indigenous plants are to be used to the greatest extent possible. ... ... (Code 1988, ? 9.1-11; Ord. No. 2004-02, ? 1, 1-13-2004; Ord. No. 2005-04, ? 2, 1-112005; Ord. No. 2006-87, ? 1, 9-26-2006; Ord. No. 2009-88, ? 1, 8-25-2009)

Chapter 11 EROSION AND SEDIMENT CONTROL, EXCAVATION

ARTICLE I. EROSION AND SEDIMENT CONTROL Sec. 11-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

From the Virginia Tree Ordinance Database, ? 2019 Virginia Tech, Department of Forest Resources and Environmental Conservation

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