§ 37.1-49. Areas of applicability.

(a)

The general location of resource protection areas, resource management areas, and industrial waterfront and residential 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 city manager, or designee, 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. 7017-13, § 1)

(Ord. No. 7017-13, § 1)