(A) Granting variances. The Northampton County Board of Zoning Appeals has the authority to grant a variance to the requirements of § 53.03 in cases where it can be demonstrated that a development will have no adverse impact on ground water resources, or that alternative measures will protect ground water. In order to be considered for a variance, an application must be submitted to the Northampton County Department of Planning and Zoning.
(B) Initial application.
(1) At a minimum, the application shall contain the following information:
(a) Site plan or subdivision plan showing the number and sizes of lots. A location plan showing the relative location of the area within Northampton County shall also be included.
(b) An analysis of average and maximum daily water demands to be supplied by the proposed production wells.
(c) 1. Identification of proposed well screen depths and results of a hydrogeologic investigation. The hydrogeologic investigation shall, at a minimum, report the information required by the Commonwealth of Virginia Water Well Completion Report Form (Form GW-2) and Virginia Department of Health Uniform Water Well Completion Report Form. The stabilized yield and water levels required under Item 2 of Form GW-2 shall be determined from constant pumping rate of the well.
2. The number of observation wells to be constructed as part of the hydrogeologic investigation shall, at a minimum, comply with the number specified in the table below. Construction and location of the observation wells can be such that they may be converted to production wells, pending approval by the Virginia Department of Health.
Number of ERCs | Number of Observation Wells |
< 33 | 2 |
33-75 | 5 |
76-100 | 6 |
101 - 200 | 7 |
> 200 | Add One Additional Well Per 100 Lots (e.g.: 201-300 lots = 8 wells; 301-400 lots = 9 wells) |
(d) Water quality analyses of ground water at the proposed development. At a minimum the following will be analyzed for: Calcium, magnesium, iron, manganese, potassium, sodium, chloride, sulfate, nitrate, alkalinity, total dissolved solids, and fecal coliforms. Sample depth shall coincide with proposed well screen depth.
(e) Physical characteristics that identify soil type and slopes, quantity of green space, impervious surfaces, and storm water management plan.
(f) Proposed ground water development plans, including number of wells, location of wells, capacity per well and well screen interval.
(g) Mitigation measures that, at a minimum, comply with the requirements listed in division (E) of this below.
(2) The Zoning Administrator will review the variance application and present a staff report to the Northampton County Board of Zoning Appeals. After reviewing the application, and after conducting a public hearing, the Board of Zoning Appeals may act on the variance application. Approval of the application will be determined based on the applicant's ability to demonstrate that the proposed potable water well(s) will have no adverse effect on the quality or quantity of ground water within the proposed development and adjacent areas. If, during the application review process, the Zoning Administrator or Board of Zoning Appeals determines that supplemental information is required to evaluate the applicant's proposed ground water use, the Zoning Administrator will notify the applicant in writing what supplemental information the applicant must submit prior to the Board of Zoning Appeals rendering a decision on the application. Supplemental information that may be required of the applicant is described in division (C) below.
(C) Supplemental Information. The following supplemental information may be required by the Zoning Administrator or Board of Zoning Appeals to provide additional data necessary to adequately evaluate the application for potable water wells. The specific information required will be determined on a case-by-case basis.
(1) Water quality analysis for samples collected from overlying and/or underlying aquifers.
(2) A ground water flow model to predict the ground water levels and amount of drawdown resulting from the proposed withdrawals. At a minimum, the model will predict the area of impact from the proposed withdrawals. The ground water flow model can vary from simple analytical calculations to more complex computer based one-dimension, two-dimensional, and three-dimensional flow models.
(3) Salt water intrusion model to predict the potential for movement of brackish ground water resulting from the pumping. The salt water intrusion model may be either a two-dimensional or three-dimensional model and may account for both lateral and vertical movement (upcoming) of ground water. Specific requirements for evaluating salt water intrusion will be determined on a case-by-case basis.
(4) A wellhead protection model accepted by the US EPA, such as the US EPA WHPA model to evaluate the susceptibility of the wells to contamination.
(D) Application review. The application will be reviewed by the Zoning Administrator and may also be reviewed by other agencies/parties, such as the Eastern Shore of Virginia Ground Water Committee, as determined by the Zoning Administrator. The applicant is responsible for the cost of any third-party engineering review of the application, if agreed to by the applicant. If the applicant does not agree to pay for the cost of third-party engineering review, the application shall be considered withdrawn.
(E) Mitigation plan.
(1) In cases where it is determined that an adverse effect is likely, the applicant has the option of providing a plan to mitigate these effects. If the Northampton County Board of Zoning Appeals determines that the mitigation plan adequately addresses the adverse effects, the Zoning Administrator will approve the application. If the Northampton County Board of Zoning Appeals determines that the proposed potable water wells will have an adverse effect on the quality or quantity of ground water within the proposed development and adjacent areas that are not mitigated, the Zoning Administrator will issue a letter denying the application.
(2) Types of mitigation considered are:
(a) Implementation of Best Management Practices (BMP's).
(b) Compensation to adversely impacted ground water users.
(3) Best Management Practices may include, but are not limited to, recharge basins, buffer areas, or other site-specific methods that will eliminate the adverse impact to the ground water resource and other existing ground water users. The applicant must provide information on the intended BMP such as site plans, adequately document how the BMP will prevent adverse impacts to the ground water resource or other existing ground water users, and provide a monitoring plan where applicable to demonstrate that the BMP is performing as designed.
(4) Alternatively, where the variance request applies to a variance from the water supply requirements, the applicant shall provide and implement a plan that will compensate existing ground water users for adverse effects on their ability to use the ground water resource. The mitigation plan is non-exclusive and may not be applied or construed to bar a claimant's recourse to conventional legal or equitable remedies in the event of loss or impairment of water supply. At a minimum, the Mitigation Plan will conform to the Virginia Department of Environmental Quality requirements for permitted users in a Ground Water Management Area. Specifically, the plan must include.
(a) The rebuttable presumption that water level or water quality declines that cause adverse impacts to existing wells within the area of impact are due to the proposed withdrawal.
(b) A commitment by the applicant to mitigate undisputed adverse impacts due to the proposed withdrawal in a timely fashion.
(c) A speedy, nonexclusive, low-cost process to fairly resolve disputed claims for mitigation between the applicant and any other claimant.
(d) The requirement that the claimant provide documentation that they are the owner of the well; documentation that the well was constructed and operated prior to initiation of the applicant's withdrawal; the depth of the well, the pump, the screens, and any other construction information that the claimant possesses; the location of the well with enough specificity that it can be located in the field; the historic yield of the well, if available; historic water levels for the well, if available; and the reasons the claimant believes that the applicant's withdrawals have caused an adverse impact on the well. The mitigation plan extends to comparable replacement wells installed by existing groundwater users after the effective date of the permit. Existing groundwater users shall not be prejudiced by exclusion from the mitigation plan by virtue of their repair or replacement of existing wells with comparable wells.
(5) An example Mitigation Plan may be obtained from the Virginia Department of Environmental Quality.
(Ord. passed 6-23-03)