eLaws | eCases | Code of Virginia | Virginia Administrative Code | Virginia Courts | Counties & Cities of Virginia | Code of Federal Regulations | United States Code |
 Virginia Beach
 Code of Ordinances
 Appendix F. CHESAPEAKE BAY PRESERVATION AREA ORDINANCE

  § 109. Exemptions.  

Latest version.

  • (A)

    Exemptions for public facilities.

    (1)

    Construction, installation, operation and maintenance of electric, natural gas, fiber optic, and telephone transmission lines, railroads, public roads and their appurtenant structures in accordance with (i) regulations promulgated pursuant to the Erosion and Sediment Control Law (Code of Virginia, Section 62.1-44.15:51 et seq.) and the Stormwater Management Act (Code of Virginia, Section 62.1-44.15:24 et seq.); (ii) an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Environmental Quality; or (iii) local water quality criteria at least as stringent as the state requirements will be deemed to be exempt from the provisions of this Ordinance, provided such facilities and appurtenant structures comply with all requirements of Article III of Chapter 30 of the Code of the City of Virginia Beach (City Code Sections 30-56 through 30-78), and all stormwater management requirements of this ordinance and the Stormwater Management Ordinance (Appendix D). Exemptions for public roads shall also be subject to the following conditions:

    (a)

    The road alignment and design are optimized and consistent with other applicable requirements to prevent or otherwise minimize (i) encroachments into Resource Protection Areas and (ii) adverse effects on water quality.

    (b)

    Such appurtenant structures shall include, but are not limited to, bridges, guard rails, lighting and traffic-control devices, fences and berms.

    (2)

    Roads or driveways not exempt from the provisions of Section 109(A)(1) may be constructed in or across Resource Protection Areas in accordance with Section 106(B)(1)(d).

    (3)

    Construction, installation and maintenance of water, sewer, cable and natural gas lines and storm drains, and their appurtenant facilities, owned or permitted by the City, a licensed public utility or a regional service authority, that are an essential but incidental component of public water and sewer projects, shall be exempt from this ordinance provided that:

    (a)

    To the degree practicable, the location of such utilities and facilities shall be outside Resource Protection Areas;

    (b)

    No more land shall be disturbed than is necessary to provide for the proposed installation;

    (c)

    All construction, installation, and maintenance of such utilities and facilities shall comply with all applicable state and federal requirements and permits and shall be designed and constructed in a manner that protects water quality; and

    (d)

    Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all requirements of Article 3 of Chapter 30 of the Code of the City of Virginia Beach (City Code Sections 30-56 through 30-78).

    B.

    Exemptions for silvicultural activities. Silvicultural activities shall be exempt from the requirements of this ordinance provided that such activities comply with water quality protection procedures prescribed by the Virginia Department of Forestry in the January 1997 edition of the "Forestry Best Management Practices for Water Quality in Virginia Technical Guide."

    (Ord. No. 2006, 11-6-90; Ord. No. 2081, 7-9-91; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2790, 12-9-03; Ord. No. 2855, 12-7-04; Ord. No. 3341, 4-22-14, eff. 7-1-14)

    Editor's note— Ord. No. 2190, adopted Nov. 10, 1992, repealed former § 109 of this appendix, which pertained to water quality impact assessments and derived from Ord. No. 2006, adopted Nov. 6, 1990; Ord. No. 2080, adopted July 9, 1991; and Ord. No. 2154, adopted June 23, 1992. Subsequently, Ord. No. 2790, adopted Dec. 9, 2003, renumbered former § 112 of this appendix as § 109.

(Ord. No. 2006, 11-6-90; Ord. No. 2081, 7-9-91; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2790, 12-9-03; Ord. No. 2855, 12-7-04; Ord. No. 3341, 4-22-14, eff. 7-1-14)

Editor's note

Ord. No. 2190, adopted Nov. 10, 1992, repealed former § 109 of this appendix, which pertained to water quality impact assessments and derived from Ord. No. 2006, adopted Nov. 6, 1990; Ord. No. 2080, adopted July 9, 1991; and Ord. No. 2154, adopted June 23, 1992. Subsequently, Ord. No. 2790, adopted Dec. 9, 2003, renumbered former § 112 of this appendix as § 109.