(A) Purpose and intent. The purpose of this section is to provide for the continued availability of surface waters for agriculture, horticulture and viticulture crop lands, and recreation while providing for the protection of the sole source aquifer and keeping excavation spoils in place.
(B) Requirement for any pond. A zoning clearance pursuant to requirements of § 154.2.040 herein shall be required for any dug or impounded pond to ensure that any land disturbance associated with pond installation is set back a minimum of 100 feet from the property lines of adjacent parcels. Any pond installation must comply with all applicable zoning requirements, even if deemed exempt from the requirements of the Northampton County Erosion and Sediment Control Ordinance.
(C) Agricultural irrigation ponds shall comply with the standards below:
(1) If the construction of the agricultural irrigation pond involves wetlands, a copy of any wetlands permits or approvals must be provided. Excavated material shall not be placed within wetlands or resource protection area features.
(2) A safety shelf at least 15 feet wide shall surround the perimeter of the pond. A safety shelf is an unobstructed level area from the edge of the pond to any property line, structure or vertical feature such as a wooded area or stockpile of excavated material.
(3) Pumps and mechanical equipment shall be placed in areas furthest away from adjacent non-agricultural district property lines.
(4) A waiver or exception must be obtained when a pond is proposed to be located within any of the resource protection area features as described in § 154.2.163 Chesapeake/Atlantic Preservation Areas (CAP).
(5) The edge of an agricultural irrigation pond shall be set back 100 feet from any property line, except that the setback may be reduced in the following manner:
(a) If the safety shelf is increased to 75 feet between the pond and property line, the setback to property where the safety shelf is provided is reduced to 75 feet.
(b) If a wooded area of 35 feet is provided between the pond and property line with a minimum 15 foot safety shelf, the setback to the property line in that area is reduced to 50 feet. The wooded area shall be in compliance with § 154.2.105 Landscape plan requirements and standards and designed to meet the density standards of a semi-opaque perimeter screening.
(c) If all stock piles of excavated soil shall be leveled and spread over the property in areas that are not resource protection area features or wetlands, or the excavated soil shall be properly removed in compliance with NCC Chapter 153: Erosion and Sediment Control and state mining regulations from the property, the setback is reduced to 25 feet with a minimum 15 foot safety shelf.
(d) If the agricultural irrigation pond involves two or more properties in which the owners share use and/or ownership of the pond, the setback is reduced to zero feet along the shared property line(s), provided that said shared use and/or ownership runs with the land and is reflected in a deed or deed of easement that is recorded in the Clerk's Office of the Circuit Court of Northampton County.
(Ord. passed 4-12-2016)