Metompkin Elementary School, Parksley, Virginia
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ATTENDANCE
Present: Phil Hickman [Chair],Stella Rhode [Vice Chair], Robert Hickman, Tammy James, Robert L. Nock.
Absent: Leander Roberts, Herbert A. Thom, E. Bryan Turner
Audience: There were approximately 15 attendees. Jim McGowan, Director of Planning for Accomack County, and Mark Taylor, county attorney were also in attendance.
Chairman Phil Hickman called the regular session to order at 7:00 PM.
AGENDA: This work session was called to discuss the application of the Chesapeake Bay Act (CBA) to the seaside areas in Accomack County. Note in Accomack county the CBA already applies to the bayside (Chesapeake-side) of county. A draft ordinance will be reviewed and scheduling a joint public hearing will be planned. There was no public comment for this work session.
DISSCUSION:
Jim McGowan explained various terms and portions of draft CBA for seaside areas. The proposed area encompassed by the CBA includes tidal flows, streams, and rivers within a 100 foot buffer of waterways and wetlands. This area is described as the Resource Protection Area (RPA).
At this time, small lot owners and large land owners are expected to comply if within the RPA. For single homes, a description of the RPA (if applicable) is required by a sketch and a description of an erosion plan. The county officials will assist a single home owner with these details. For a development, a more detailed plan is expected for compliance with the CBA. A suitable engineer should be hired by a development to make sure they are in compliance with the CBA.
For homes, a reserve drain field will be required, unless the lot is unable to comply with CBA due to size or other limitations. Variances for compliance were described as “administration exemptions”.
A current home will need to provide county with a sketch and erosion plan if an add-on is built that may encroach upon the RPA. Again, county officials will help the home owner with their plans.
In general for home owners, a 50 foot encroachment into the RPA can be approved as an administration exemption; encroachment inside 50 foot requires approval by the Board of Zoning (BZ) which will need to investigate potential impact on the RPA.
In general, dock, piers, and bulkheads are okay inside RPA; however, backfill of these areas should use suitable natural plants and vegetation. A pathway to a dock or pier is okay according to CBA.
For farmers, compliance to good farm practices will be the determining factor on how much encroachment into the RPA will be allowed. Non-compliance to CBA can impact funding to farmers by federal agencies. Compliance can be verified by aerial photographs and inspecting boundaries of the RPA. Phil Hickman stated that farmers comply with the bayside CBA currently at a 95% rate due to the funding issues involved.
At this time, there was a 15 minute recess for the commission to review county maps and overlays that show the RPAs in various districts.
Due to the nature of CBA, only one administration exemption will be allowed for each home or area. Other requested variances will go to BZ.
Mark Taylor indicated for sake of simplicity, it would be best that the seaside CBA will have similar rules as the bayside CBA. If during the course of reviewing and approving seaside CBA there are changes in seaside CBA then similar changes should be made to bayside CBA to minimize confusion. Phil Hickman agreed to this concept.
PLANNED JOINT PUBLIC HEARING
Hearing is planned for November 12. Funding for mailing information was obtained from DEQ at a funding level of $12.5K. It is important to note that the current proposed seaside CBA is a draft and changes could be made that are less restrictive. Changes cannot be made that are more restrictive at this time. Citizens can contact their county officials for comments and suggestions. A draft version of ordinance is on county website attached to September 3 Planning Commission meeting. See the draft listed in the September 3 meeting.
The work session ended at 8:30 PM.
Notes by Tim Getek
N.B. These notes do not constitute the public record of this meeting. The information contained herein is offered in good faith and is presented as accurately as possible. These notes are intended to be a public service devoid of political commentary for those who are interested in following the civic affairs of Chincoteague Island. Notes of the meeting are recorded, transcribed and distributed by volunteers who receive no financial compensation for their efforts.
