ARTICLE VII.  SUPPLEMENTARY REGULATIONS

 

DIVISION 5.  LAKE ANNA SHORELINE USE AND DESIGN STANDARDS

 

Sec. 86-455.  Statement of Intent; policy guidance.

 

The intent of this division is to encourage the public’s health, safety, and welfare with equitable and enforceable conditions for development along the Lake Anna shoreline, including the Waste Heat Treatment Facility (WHTF). These use and design standards are intended to protect water quality, enhance public safety, and advance the public’s general welfare and quality of life.  The Lake Anna shoreline use and design standards are adopted under the general provisions of the zoning ordinance.

 

Unless specifically stated otherwise, the provisions set forth in this division do not apply to structures built, or otherwise approved by Louisa County or Dominion, prior to the adoption of these standards.  Non-conforming structures shall be exempt from these standards unless the structure is expanded or if the structure is replaced more than two years after being removed.  A structure for the purposes of this division includes, but is not limited to, fixed or floating docks, piers, boardwalks, slips, accessory buildings,  or other types of development on, or attached to, Dominion’s property.  

 

The standards set forth in this division are mandatory unless a special exception is granted by the Planning Commission.  Applications that meet all of the ordinance standards will be reviewed administratively by staff.  If a special exception is requested, then the application will be forwarded to the Planning Commission for action with staff’s review comments.  If a special exception is denied by the Commission, applicant’s may resubmit a revised special exception at any time or appeal the Commission’s decision to the Board of Supervisors.

 

Sec. 86-455.1.  Dominion Guidelines

 

Dominion’s General Guidelines for Construction and Use Agreement for Lake Anna shoreline development is fully adopted by the County of Louisa unless otherwise noted in this section.  If discrepancies exist between Dominion’s guidelines and the County’s standards, the more restrictive standard shall be enforced.  Dominion’s Guidelines and the standards set forth in this division implicitly include the Waste Heat Treatment Facility. 

 

Any proposed changes to these guidelines should be submitted by Dominion to the County at least 120 days prior to their enactment.  The purpose of this advanced notice is to examine the proposed changes relative to the standards set forth in this division.  If the County disagrees with the policy change then it will enumerate that discrepancy with Dominion’s guidelines in revisions to this section. 

 

Sec. 86-455.2.  Use and Design Standards.

 

(1)               Water quality.

This section is intended to mitigate the environmental impacts to water quality of residential and commercial development (including common areas) along the Lake Anna waterfront in order to protect the condition of these waters for all reasonable public uses and ecological functions.

 

These standards address two main types of erosion – upland erosion and shoreline erosion.  These measures are intended to mitigate the impacts of land disturbance above and beyond the scope of the Louisa County Erosion & Sediment Control Ordinance (Code of Louisa County, VA, Section 38).  The measures also recommend approved methods of shoreline stabilization.  

 

For the purposes of this ordinance, land disturbance is defined consistent with the definition provided in the Erosion & Sediment Control Ordinance:  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 Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land.

 

a.  Upland Erosion 

Land disturbances over 10,000 square feet (SF) along the Lake Anna waterfront shall require a Lake Anna Shoreline Agreement in Lieu of an Erosion & Sediment Control Plan or an erosion and sediment control plan that implements one of the recommended methods, or equivalent measures, as approved by the Thomas Jefferson Soil & Water  Conservation District (TJSWCD).  The Agreement in Lieu requires the implementation of one of several recommended methods of erosion control depending on the individual site or owner preference (where it would be more environmentally beneficial).

 

Any shoreline that is disturbed shall be permanently stabilized.  Permanently stabilized vegetation is ground cover that is uniform, mature enough to survive, and will inhibit erosion.  Sand beaches shall be permitted if they are properly retained.

 

Control methods include a 100 foot wide natural, forested buffer along the shoreline.  A natural, forested buffer for the purposes of this section is an indigenous riparian forest with ground cover, shrub, and tree canopy layers.   

 

Alternative control methods may also be used.  The following slopes shall be calculated within the Dominion property boundary as an average slope between a property’s boundary lines.  The specifications outlined below are a summary of those outlined in the Lake Anna Shoreline Agreement in Lieu.  

 

0 – 15 % =  a vegetated diversion (18” minimum  in height) with compacted soil and a minimum base width of 4.5 feet.  This diversion shall consist of a berm and a swale and be contoured with the property.  The swale shall be designed to carry run-off at a minimal slope to a rock outlet located at a defined low point. Vegetation on the diversion shall include native shrubs, with other non-invasive ornamental plantings as desired;

 

>15% =  the above specified diversion with a 25’ wide undisturbed, vegetated area along the shoreline, measured horizontally from the water’s edge (not to include pathway to lake structures).

 

Alternate control methods not listed above may be used pending review and approval by the Thomas Jefferson Soil & Water Conservation District. 

 

Applications of fertilizers and herbicides are prohibited within the berm, swale, and buffer areas, and within 25 feet of the shoreline.  Insecticides are strongly discouraged.

 

All of the above recommended control methods shall be maintained and repaired as necessary to remain permanently stabilized and in compliance with state and local erosion and sediment control regulations.

 

b. Shoreline stabilization.

 

Shoreline erosion is exacerbated by wave action from boats on Lake Anna.  Another cause of shoreline erosion, from the sheet flow of water across the land, is adequately addressed in the above section.  Shoreline erosion not directly caused by land disturbance is not required to be stabilized, but is encouraged.  Shoreline that is disturbed shall be permanently stabilized by one of the below recommended methods. 

 

The use of non-structural, vegetated stabilization methods is strongly encouraged per the Lake Anna Shoreline Agreement in Lieu.  Structural methods are limited to rip-rap, bulkhead materials, or geotextile fabrics unless otherwise approved by the Thomas Jefferson Soil & Water Conservation District. 

 

Technical guidance for complying with the Lake Anna Shoreline Use and Design Standards is available through the Thomas Jefferson Soil and Water Conservation District.

 

A violation of this section shall be subject to the penalties set forth in the Code of Louisa County, VA, Section 38-37, including, but not limited to, a $1,000.00 fine per violation (each day of violation).

 

(2)               Safe navigation.

 

a.       Water access entrances and fairways into coves shall be at least fifty (50) feet in width at navigable depth. This standard applies to all choke points leading to, and within, the cove. A choke point is a narrowing of the cove that boats navigate through.  The Planning Commission may grant a special exception to this standard in extenuating circumstances.

 

b.      The navigable channel shall be between markers, platted by the developer and identified during site plan review. 

 

c.       Structures shall meet the following maximum lengths unless otherwise approved by the Planning Commission.  The length of a structure should generally only be enough to reach a navigable depth (5 feet) at the normal pool level (250 feet above mean sea level for the lake, 251 feet above mean sea level for the WHTF) in order to minimize the structure’s projection into the water.

 

i. Agricultural/Residential District Uses

 

Structures shall not protrude more than one third of the distance across a cove, to a maximum of 150 feet. Structures proposed to exceed this limit require a special exception from the Planning Commission.  The travel-way must be a minimum of 50 feet consistent with the standards of Sec 86-455.2(2)a above.

 

                        ii.  Commercial District and Common Area Uses

 

Structures shall not protrude more than one third of the distance across a cove, to a maximum of 200 feet. Structures proposed to exceed this limit require a special exception from the Planning Commission.  The travel-way must be a minimum of 50 feet consistent with the standards of Sec 86-455.2(2)a above.

                       

                       

iii. Resort Development and Planned District Uses

 

The length of lake structures shall be included as part of the proffered conditions during the rezoning process.  The standards set forth in this section should be used in the development of the proffered conditions regulating lake structures.

 

d.      All lake structures shall have two-inch minimum diameter white reflectors affixed along the sides of the structure at intervals of six feet.  Reflectors shall also be within one foot of each of the two corners of the structure or pilings that are located farthest from the shoreline and placed within two feet of the normal pool level (250 feet above mean sea level for the lake, 251 feet above mean sea level for the WHTF) in order to identify the outline of the structure.

 

All lake structures shall be in full compliance with this safety standard by November 1, 2007.

 

e.       Structures greater than 100 feet in length, measured from the shoreline to the outermost corner of the structure, shall meet the following specifications or equivalent:

 

                                                     i.    Dark sky lighting shall be required within one foot of an end corner of the structure, and at 20 foot intervals back to the 100 foot mark.

 

                                                   ii.    Flashing or rotating lights are prohibited.

 

                                                  iii.    Lights shall have initial output less than 2000 lumens, or shall be fitted with opaque shields to prevent direct visibility of the lamp to persons more than fifty feet beyond the structure.

 

                                                 iv.    Light specifications shall meet International Dark-Sky Association (IDA) standards for either landscape or wall-mount style fixtures, or equivalent.  Landscape fixtures shall be under 2000 lumens and partially shielded. Wall-mount fixtures shall be fully shielded.

 

                                                   v.    Lights must be activated before sunset each evening.

 

                                                 vi.    Solar lighting is encouraged.

                               

All lake structures greater than 100 feet in length shall be in full compliance with these lighting standards by November 1, 2007.

 

f.        The minimum fairway between groups of dock slips shall be two (2) times the length of the adjacent slip; if two slips are different sizes, the larger length shall be used. A fairway is an unobstructed access channel for entry to or exit from a moorage area.

 

g.       Common Areas.

 

                                                   i.      Common area ramps shall be constructed of reinforced concrete with a minimum thickness of six (6) inches, and shall be a minimum distance of seventy-five (75) feet from designated swimming areas.

 

                                                 ii.      Common areas are required to have a dry hydrant in a location to be determined on the site plan.

 

                                                iii.      Common area boat ramps shall be placed or positioned to minimize wave interference from boats passing nearby through high concentration navigation choke points as determined by the County during site plan review (i.e., cove entrances, narrow channels, sharp bends, bridges, etc.).

 

(3)               Neighbor policies.

 

a.       A sign shall be posted at common area and commercial pier entrances explaining alcohol and boating regulations in Virginia.

 

b.      All site plans for new development must show shoreline building zones and extension lines to 150 feet into the water or one third of the cove, whichever is greater.

 

c.       Structures.

 

i. District Uses.

 

Agricultural/Residential

The following is the maximum square footage (SF) permitted, excluding the area from land to the structure:

 

·        0-54 linear feet of waterfront = one slip, 750 SF

·        55-99 linear feet of waterfront = 1,500 SF

·        100-300 linear feet of waterfront = 2,500 SF

·        Over 300 linear feet of waterfront = 3,500 SF

 

Commercial and Common Areas

The following is the maximum square footage (SF) permitted over water:

·        0-99 linear feet of waterfront =  90  SF per linear foot of shoreline

·        100-500 linear feet of waterfront =  75  SF per linear foot of shoreline

·        >500 linear feet of waterfront = 55  SF per linear foot of shoreline

 

Resort Development and Planned

If lake structures are included as part of the proffered conditions during the rezoning process, the maximum square footage shall be included.  The standards set forth in this section should be used in the development of the proffered conditions regulating lake structures.

 

ii.       The maximum height of structures within the Dominion easement in residential and agricultural zoning districts shall be twenty (20) feet for flat roofs and twenty-eight (28) feet for pitched roofs as measured from normal lake  level (250 feet above mean sea level for the lake, 251 feet above mean sea level for the WHTF). Weathervanes and telecommunication antennas do not count against the structure’s height.

 

iii.      The maximum height of structures within the Dominion easement in commercial zoning districts is thirty-four (34) feet as measured from normal lake level.  Weathervanes and telecommunication antennas do not count against the structure’s height.

 

iv.     Waterfront construction may have a second story but it may not be enclosed. Screened areas are not considered to be enclosed.  Maximum height limits shall apply.

 

v.       Structures shall not block, obstruct, or impede the line of vision of public channel markers.

 

Structures that will exceed these standards shall require a special exception by the Planning Commission.

 

d.      Common Areas.

 

i.         Restroom facilities are required in areas with structures for persons or watercraft for common areas with 25 or more lots.

 

ii.       All structures in a common area shall maintain a 100 foot side setback from residential and agricultural zoning districts (not part of the subdivision), and a 50 foot side setback from resort development, commercial, and industrial zoning districts.

 

iii.      A 25 foot vegetative buffer between the common area and adjoining property owners (not part of the subdivision) shall be required.  Buffers shall consist of evergreen vegetation, but may also include deciduous species.  County staff may grant a special exception to this requirement on a case-by-case basis.

 

e.       Commercial Areas.

                                                     i.        A pump out station shall be required for commercial waterside operations if they introduce traffic to the lake.

 

                                                   ii.        Commercial slips are allowed one (1) enclosed storage structure per slip that is a maximum of fifty (50) square feet.

 

                                                  iii.        Any business engaged in fuel sales shall use United States Coast Guard (USCG) approved spill recovery systems. 

 

(4)   Dredging, excavation, and filling.

a.       The standards established by Dominion shall govern these activities along with other applicable federal, state, and local codes, unless otherwise noted in this section.