§ 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 the existing intense use and landowners' rights 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. 7017-13, § 1)

(Ord. No. 7017-13, § 1)