Chesapeake Bay Ordinance Review Committee (CBORC)

Projects that would add a detached building like a garage in the RPA or tear-downs where the replacement structure is larger and located closer to a stream typically require an exception. Property owners considering RPA projects should consult with County staff early in project planning to identify whether or not an exception is required.

Obtaining a CBORC exception requires a public hearing, and typically adds approximately 8 weeks to the time needed to permit a project. The public hearing is most frequently held following the first plan review submission, but prior to the second submission.  For site plans and use permits requiring County Board approval, the CBORC exception hearing is typically held prior to the County Board hearing.

The prepared development plan along with the staff report for the exception request must be available for public review for 10 business days prior to the scheduled exception hearing. Public notice to all adjacent property owners, the civic association where the property is located, and the Arlington Neighborhood Conservation Advisory Committee (ArNAC) representative (if applicable) is required by certified mail return receipt with sufficient notice for these individuals to communicate and participate in the public review period. Staff typically require that public notification occur at least 2 weeks prior to the beginning of the public review period. During the public review period, CBORC members participate in a scheduled site visit to the project location. The information from the site visit, the staff report and attachments (consisting of relevant sheets from the development plan) as well as testimony from the applicant and staff are considered by CBORC during the hearing. CBORC may grant the request as presented or with conditions, or may refuse to grant the exception request. A formal exception request response letter outlining any imposed conditions in detail should be received by the applicant within 2 weeks of the exception request.

Staff work with applicants to achieve a development plan that is likely to obtain the desired exception. Typically, the earlier staff are involved in the plan development process, the faster this point is reached. Most commonly, the CBORC hearing is held after the 1st plan review submission, but prior to the 2nd submission. Comments received during the 1st submission can then be incorporated into the plan provided to CBORC for the exception hearing. For site plans and use permits requiring County Board approval, the CBORC exception hearing is typically held prior to the County Board hearing.

Yes. The project plan and County staff report for the exception request must be available for public review for 10 business days prior to the hearing. Notifications must be sent to adjacent property owners, the civic association where the property is located, and the Neighborhood Conservation Advisory Council (NCAC) representative (if applicable) by certified mail return receipt at least 2 weeks prior to the beginning of the public review period.

The Committee reviews the potential water quality impacts of each project along with tree planting, stormwater treatment and other measures proposed to mitigate impacts. They also consider whether the exception requested is necessary and ensure that the Chesapeake Bay Preservation Ordinance is administered equitably and fairly.  Members conduct a visit to the project location and review the project plan and a County staff report. The applicant also has the opportunity to make a presentation at the public hearing.

If CBORC imposes conditions upon the exception request, those conditions must be reflected in the next plan submission for plan approval. The formal CBORC approval letter response letter should be included in full in the plan submission.