§ 1-20. Grandfather provisions.
A.
Any land-disturbing activity shall be considered grandfathered by the Administrator and shall not be subject to the technical criteria of sections 1-10 through 1-19 of this Ordinance, but shall be subject to the technical criteria of sections 1-22 through 1-27 of this Ordinance provided:
1.
A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat or a preliminary or final site plan or any document determined by the City to be equivalent thereto was (i) approved by the City prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-870-10, (iii) will comply with sections 1-22 through 1-27 of this Ordinance, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff; and
2.
A state permit has not been issued prior to July 1, 2014; and
3.
Land disturbance did not commence prior to July 1, 2014.
B.
Local, state and federal projects shall be considered grandfathered and shall be subject to the technical criteria of sections 1-22 through 1-27 of this Ordinance provided:
1.
There has been an obligation of local, state or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012; and
2.
A state permit has not been issued prior to July 1, 2014; and
3.
Land disturbance did not commence prior to July 1, 2014.
C.
Land-disturbing activities grandfathered under subsections A and B shall remain subject to the criteria of sections 1-22 through 1-27 for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to the technical requirements of sections 1-10 through 1-19 and any new technical criteria adopted by the State Board.
D.
In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall become subject to the technical requirements of sections 1-22 through 1-27 of this Ordinance.
E.
Land-disturbing activities that obtain an initial state permit or commence land disturbance prior to July 1, 2014 shall be conducted in accordance with the technical criteria found in sections 1-22 through 1-27 of this Ordinance. Such projects shall remain subject to these technical criteria for two (2) additional state permit cycles. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Board.
F.
Land-disturbing activities that obtain an initial state permit on or after July 1, 2014 shall be conducted in accordance with the technical criteria found in sections 1-10 through 1-19 of this Ordinance, except as provided for above. Such projects shall remain subject to these technical criteria for two (2) additional state permit cycles. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Board.
(Ord. No. 3337, 4-22-14, eff. 7-1-14; Ord. No. 3618, 6-16-20)
(Ord. No. 3337, 4-22-14, eff. 7-1-14; Ord. No. 3618, 6-16-20)