§ 1-4. Stormwater applicability and exemptions.

A.

Except as provided herein, no person may engage in any land-disturbing activity until a VSMP authority permit or an executed agreement in lieu of a stormwater plan has been issued by the Administrator in accordance with the provisions of this Ordinance.

B.

When a VSMP permit is not required pursuant to an exemption listed below, all land disturbing activities that disturb two thousand five hundred (2,500) square feet or more of land must obtain a Land Disturbing Permit in accordance with the provisions of the City of Virginia Beach Erosion and Sediment Control Ordinance (Chapter 30).

C.

A Chesapeake Bay Preservation Act Land-Disturbing Activity shall not be required to obtain a general Permit, but will be required to obtain a Land Disturbing Permit and be subject to an erosion and sediment control plan consistent with the requirements of the Erosion and Sediment Control Ordinance, a stormwater management plan as outlined under section 1-6, the technical criteria and administrative requirements for land-disturbing activities outlined in sections 1-10 through 1-19 and 1-22 through 1-27, the variance procedures of section 1-21 and the requirements for control measures and long-term maintenance outlined under section 1-28.

D.

Single-family residences separately built and disturbing less than one (1) acre and that are part of a larger common plan of development or sale, and not located in the Chesapeake Bay Preservation Area, shall operate in accordance with the general permit and required SWPPP, but shall not be required to complete a registration statement.

E.

Notwithstanding any other provisions of this Ordinance, the following activities are exempt, unless otherwise required by federal law:

1.

Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia;

2.

Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the State Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia;

3.

Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures, unless the land disturbance is located in the Chesapeake Bay watershed. In the Chesapeake Bay watershed, single-family residences separately built and disturbing less than two thousand five hundred (2,500) square feet are exempt;

4.

Land-disturbing activities that disturb less than one acre of land area, and not part of a larger common plan of development or sale, except in areas designated by the City as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations, where land disturbing activities less than two thousand five hundred (2,500) square feet are exempt;

5.

Discharges to a sanitary sewer;

6.

Activities under a State or federal reclamation program to return an abandoned property to an agricultural or open land use;

7.

Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and

8.

Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the Administrator shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of subsection A. is required within thirty (30) days of commencing the land-disturbing activity.

(Ord. No. 3337, 4-22-14, eff. 7-1-14)

(Ord. No. 3337, 4-22-14, eff. 7-1-14)