§ 3002. Exemptions.

The following uses and activities are exempt from the provisions of this ordinance provided that all of the requirements listed below are met.

(a)

Exemptions for public utilities, railroads, public roads, and facilities: .....Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with (i) regulations promulgated pursuant to the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Code of Virginia) and the Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia), (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 protection criteria at least as stringent as the above state requirements are deemed to comply with this ordinance. The exemption of public roads is further conditioned on the following:

1.

The road alignment and design has been optimized, consistent with all applicable requirements, to prevent or otherwise minimize the encroachment in the Resource Protection Area and to minimize the adverse effects on water quality.

(b)

Exemptions for local utilities and other service lines: .....Construction, installation, and maintenance of water, sewer, natural gas, underground telecommunications and cable television lines owned, permitted or both, by a local government or regional service authority shall be exempt from this ordinance provided that:

1.

To the degree possible, the location of such utilities and facilities should be outside resource protection areas;

2.

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

3.

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

4.

Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with Isle of Wight County erosion and sediment control requirements (Chapter 6) and stormwater management requirements (Chapter 14A).

(c)

Exemptions for silvicultural activities: .....Silvicultural activities are exempt from the requirements of this ordinance provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the March 2011 edition of "Virginia's Forestry Best Management Practices for Water Quality Technical Manual, Fifth Edition." The Virginia Department of Forestry will oversee and document installation of best management practices and will monitor in-stream impacts of forestry practices in Chesapeake Bay Preservation Areas.

(d)

Exemptions in resource protection areas: .....The following land disturbances in resource protection areas may be exempt from this ordinance provided that they comply with the requirements listed in subsections 1. through 5. below and obtain a zoning permit from the zoning administrator: (i) water wells; (ii) passive recreation facilities such as boardwalks, walking trails, and pathways; and (iii) historic preservation and archaeological activities.

1.

Any required permits, except those to which this exemption specifically applies, shall have been issued; and

2.

Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality; and

3.

The intended use does not conflict with nearby planned or approved uses.

4.

Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with Isle of Wight County erosion and sediment control requirements (Chapter 6) and stormwater management requirements (Chapter 14A).

5.

Boardwalks, walking trails and pathways shall not exceed five (5) feet in width and shall be paved with a permeable material. For purposes of this section, boardwalks shall consist of an elevated public pedestrian walkway constructed along a shoreline or beach. (8-21-06; 4-16-15.)