§ 118-2-1. Allowed Uses, Development and Redevelopment in Resource Protection Areas.

The following uses, development and redevelopment may be allowed within an RPA if otherwise permitted by the Zoning Ordinance and other law:

(a)

Water-dependent development, subject to compliance with the performance criteria of Article 3 of this Chapter;

(b)

Redevelopment outside of IDAs only if there is no increase in the amount of impervious cover and no further encroachment within the RPA and all development or redevelopment within IDAs, subject to compliance with the performance criteria of Article 3 of this Chapter; and

(c)

Uses, development or redevelopment exempted under Article 5 of this Chapter or for which an exception allowing such use or development or redevelopment in an RPA is approved pursuant to Article 5 or Article 6 of this Chapter.

(d)

Roads and driveways not exempted under Article 5 of this Chapter provided that:

(1)

There are no reasonable alternatives to aligning the road or driveway in or across the Resource Protection Area;

(2)

The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment into the Resource Protection Area and adverse impacts on water quality;

(3)

The design and construction of the road or driveway satisfy all applicable criteria of this Chapter, including the approval of a Water Quality Impact Assessment; and

(4)

The plan for the road or driveway proposed in or across the Resource Protection Area is reviewed in conjunction with a site plan, subdivision plan, or other plan of development approval.

(e)

Flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed, provided that:

(1)

Such facilities are allowed and constructed in accordance with the Stormwater Management Act (§ 62.1-44.15:24 et seq.) of the Virginia Code, the Virginia Stormwater Management Program (VSMP) Permit Regulations (9 VAC 25-870-92 et seq.), and Chapter 124 of the Code;

(2)

The Director has conclusively established that location of the facility within the Resource Protection Area is the optimum location;

(3)

The size of the facility is the minimum necessary to provide necessary flood control or stormwater treatment, or both;

(4)

The facility must be consistent with a comprehensive stormwater management plan approved in accordance with 9 VAC 25-870-92 of the VSMP Permit Regulations;

(5)

All applicable permits for construction in state or federal waters must be obtained from the appropriate state and federal agencies, such as the U.S. Army Corps of Engineers, the Virginia Department of Conservation and Recreation, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission;

(6)

Approval must be received from the Director prior to construction; and

(7)

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.

(32-03-118; 16-07-118; 07-14-118.)

(32-03-118; 16-07-118; 07-14-118.)