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Windsor council adopts state-mandated Chesapeake Bay updates, clears narrow septic exception for recorded lots
Summary
Windsor’s council unanimously approved changes to the town’s Chesapeake Bay Preservation Ordinance to align with state DEQ rules, adding a 200-foot Resource Management Area and resiliency assessments; it also approved a targeted subdivision amendment allowing septic on certain pre-existing recorded lots under strict conditions.
Windsor’s Town Council unanimously approved two land-use ordinance changes at its Feb. 10 meeting that staff described as necessary to comply with recent state Department of Environmental Quality guidance and to address limited subdivision issues.
Town Manager William Saunders told the council staff had worked with DEQ to amend the Town’s Chesapeake Bay Preservation Ordinance (Section 57) to incorporate mandatory state changes, including adding a resiliency assessment for developments encroaching on the Resource Protection Area (RPA), updated guidance for mature trees, and a new Resource Management Area (RMA) definition. Saunders said the town selected a 200-foot RMA measured landward from the RPA ‘‘to make it more understandable and user-friendly’’ for homeowners, contractors and staff. He added the RPA’s seaward 50 feet remains excluded from building, while the landward 50 feet may be eligible for exceptions in constrained lots.
Resident Carolyn Bailey, who identified herself as a citizen of Isle of Wight County, said she neither approved nor opposed the ordinance but asked the town to educate property owners about how the changes will affect them. Saunders said most technical work will be done by applicants and their engineers and noted that, because Windsor has no tidal wetlands within town limits, the new Category 1 storm-surge resiliency requirement is unlikely to apply often.
Separately, the council approved an amendment to Subdivision Section 160-84.A (utility and other requirements) intended as a narrowly tailored measure to allow septic systems on certain Lots of Record. Saunders and Vice Mayor David Adams said the change is meant as a stop-gap to allow in-progress development on pre-existing lots to proceed: septic could be allowed on historically recorded lots that meet specified criteria (for example, minimum acreage or existing lot status) but would not permit new subdivisions to avoid connecting to sewer when it is available. Adams relayed concerns raised by Planning Commissioner Scott that the use of the term "unavailable" might be interpreted to allow broader septic installation; Saunders said staff language aims to limit eligibility.
Both ordinance revisions passed on unanimous votes (motions #4 and #5). Council did not record individual roll-call votes in the transcript; the meeting record notes unanimous approval.
