§ 4001. Development criteria for resource protection areas.

a.

Land development in resource protection areas may be allowed in accordance with other county ordinances only when permitted by the zoning administrator and if it:

i.

Is water-dependent; or

ii.

Constitutes redevelopment;

iii.

Is a new use subject to the provisions of subsection 4002(b)2. of this ordinance;

iv.

Is a road or driveway crossing satisfying the conditions set forth in subsection 4001.a.3. below; or

v.

Is a flood control or stormwater management facility that drains or treats water from multiple development projects or from a significant portion of a watershed provided such facilities are allowed and constructed in accordance with the Virginia Stormwater Management Act and its attendant regulations, and provided that i) the local government has conclusively established that the location of the facility within the resource protection area is the optimum location; ii) the size of the facility is the minimum necessary to provide for flood control, stormwater management, or both; iii) the facility must be consistent with a stormwater management program that has been approved by the board as a phase 1 modification to the local government's program; iv) all applicable permits for construction in state or federal waters must be obtained from the appropriate state or federal agencies; v) approval must be received from the local government prior to construction; and vi) routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed. It is not the intent of this subsection to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located within a resource protection area.

1.

A new or expanded water-dependent facility may be allowed provided that the following criteria are met:

a.

It does not conflict with the comprehensive plan;

b.

It complies with the performance criteria set forth in sections 4001 and 4002 of this ordinance;

c.

Any non-water-dependent component is located outside of the RPA; and

d.

Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided.

2.

Redevelopment on isolated redevelopment sites shall be permitted only if there is not an increase in the amount of impervious cover, and no further encroachment occurs within the RPA, and it shall conform to applicable erosion and sediment control requirements of Chapter 6 of the County Code and the stormwater management requirements of Chapter 14A of the County Code. For purposes of this section, in redeveloping a site, the encroachment of a proposed building or structure shall be based on the location of existing buildings or structures, or the locations of legally established historical buildings or structures, or parking and other impervious cover located on the site.

3.

Roads and driveways not exempt under section 3002 and which, therefore, must comply with the provisions of this ordinance, may be constructed in or across RPAs if each of the following conditions are met:

a.

The zoning administrator makes a finding that there are no reasonable alternatives to aligning the road or drive in or across the RPA;

b.

The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the RPA and minimize adverse effects on water quality;

c.

The design and construction of the road or driveway satisfies all applicable criteria of this ordinance;

d.

The zoning administrator reviews the plan for the road or driveway proposed in or across the RPA in coordination with the plan of development requirements as required under section 5000 or subdivision plan.

b.

A water quality impact assessment as outlined in section 4003 of this ordinance shall be required for any proposed land disturbance, development or redevelopment within resource protection areas. (8-21-06; Ord. No. 2012-12-C, 10-18-12; 4-16-15; 6-15-17.)