Request to Advertise: Chesapeake Bay Preservation Area (CBPA) Map Update. June 20, 2017

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1 Request to Advertise: Chesapeake Bay Preservation Area (CBPA) Map Update June 20, 2017

2 Outline Context Past County Board actions Why update the CBPA Map? What and Why - Resource Protection Areas Property impacts of the Map update Ordinance removal

3 Chesapeake Bay Program Comprehensive Plan Chesapeake Bay Preservation Ordinance (Chapter 61) Establishes Resource Protection Areas (RPAs) and Resource Management Areas (RMAs) Defines process for reviewing development proposals Chesapeake Bay Preservation Areas (CBPA) Map Portrays location and extent of RPAs Chesapeake Bay Preservation Plan Data, policy and planning document

4 Past County Board Actions 1988 Chesapeake Bay Preservation Act 1991 Chesapeake Bay Preservation Area Designation and Management Regulations 1992 Arlington adopts Chesapeake Bay Preservation Ordinance (Chapter 61) and Map. RPA designated on 567 properties Appointment of the Chesapeake Bay Preservation Program Task Force 2001 Arlington adopts Chesapeake Bay Preservation Plan.

5 Past County Board Actions 2003 comprehensive Ordinance update: Expanded the RPA designation to include intermittent and ephemeral streams, steep slopes (> 25%), manmade stream channels Simplified exceptions process to allow for administrative reviews Map updated. 950 new parcels designated with RPA revised Ordinance in conjunction with Stormwater Management Ordinance adoption.

6 RPA Map Update Why? Comply with State regulations. Update the map with more accurate and complete information. Natural Resources Inventory in 2008 (wetlands and streams) A stream assessment and storm sewer mapping for the Stormwater Master Plan in Provide equitable plan review during development. Provide accurate information to property owners, the real estate and development communities. No changes to stream designation policy or criteria

7 Chesapeake Bay Preservation Ordinance ( 61-5.C) Where RPA boundaries on the adopted CBPA map differ from boundaries as determined from the text of this chapter, the text shall govern.

8 Resource Protection Areas Chesapeake Bay Preservation Ordinance ( 61-5.B) tidal wetlands; non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial (year-round) flow; tidal shores; and A buffer area not less than 100-foot buffer adjacent to and landward of these features, and along both sides of perennial streams.

9 Resource Protection Areas Chesapeake Bay Preservation Ordinance ( 61-5.B) Other lands designated by the County Board in 2003 natural stream channels and man-made open stream channels as depicted on the most recent storm sewer map layer of the County s GIS system (includes streams without year-round flow); a buffer area not less than 100-foot in width located adjacent to and landward of these channels; contiguous steep slopes of 25 percent or greater, and contiguous 15 percent or greater slopes when necessary to protect the integrity of the RPA buffer.

10 What do RPAs do? Provide shading for streams Stabilize soil and streambanks Provide a place for flooding to occur Filter and absorb upland runoff Provide wildlife habitat

11 Natural stream types Perennial Stream Flow is year-round Intermittent Stream Flow is sporadic, but Groundwater is a source Ephemeral Stream Flow occurs following precipitation events

12 Why are non-perennial streams protected? Recommendation by the Chesapeake Bay Preservation Ordinance Task Force (2000) They are hydrologically connected to perennial streams. They slow down and filter runoff. Most often located on steep, forested slopes where the potential for erosion is very high They are disproportionately impacted by development and stormwater runoff

13 Less than 1/3 of original streams remain, replaced by 400 miles of storm drains

14 RPA Map Update properties will have RPA removed 196 will have RPA added Others may have RPA modified 1523 with RPA currently 1439 after update 3% of single family properties are in the RPA

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18 Impact on Property Values Real estate assessment study of single-family home sales No impact to sales prices from an RPA designation Compared assessed value to sales price County goal assessed value 95-97% of the sales price For RPA properties, ratio is 95.3% RPA development can occur subject to review and approval Buyer s perspective determines whether RPA on a property is positive or negative

19 19 What needs County approval? Development or redevelopment projects on properties where RPA is present. Any project requiring a building or land disturbing activities permit on an RPA property. Adding new paved surfaces in the RPA The removal of RPA trees with a diameter > 3 inches Fences An exception may be required for some projects.

20 Formal Exception Process Chesapeake Bay Ordinance Review Committee reviews exception requests Meets as needed (2-3 hearings/year) May add time to the review process Types of mitigation requested: Tree replacement or protection Invasive plant removal/control Additional stormwater management measures Additional erosion control measures during construction

21 Formal exception example Teardown/rebuild with new home in the RPA Formal exception requested and approved Plantings along stream and ivy removal required Pervious driveway

22 Chesapeake Bay Preservation Act & Regulations Localities must incorporate water quality protection in their Comprehensive Plan Relevant data/information base; analysis and policy discussions; an implementation plan; and a Chesapeake Bay Preservation Areas map Localities must develop a plan of development process: Chesapeake Bay Preservation Ordinance (Chapter 61)

23 Chesapeake Bay Preservation Ordinance Removal Chesapeake Bay Preservation Ordinance (1992) Chapter 61, Arlington County Code Chesapeake Bay Preservation Areas (CBPA) Map (1992) Chesapeake Bay Preservation Plan (2001) Administrative clean-up

24 Timeline to Update the RPA Map Property owner notification June, 2016 Additional community outreach Spring 2017 Planning Commission April & July, 2017 New map effective January, 2018 Public meetings July, 2016 Public meeting May, 2017 County Board July, 2017

25 Summary State law requires Arlington County to establish RPAs and to maintain a CBPA map. County Board adopted the current Map in Map update incorporates data collected by field assessment since 2003 and will be more accurate. This update does not include any policy changes. Map update will provide clarity to property owners and facilitate equitable plan review. The overall impact of the update is a decrease in parcels designated with RPA. 280 will have RPA removed, 196 will have RPA added. No evidence that RPA designation negatively impacts property value. Action on Ordinance removal does not alter its regulatory authority.