§ 118-5-2. Public Utilities, Railroads, Public Roads, and Facilities Exemptions.

The following activities shall be exempt from the provisions of this Chapter to the extent that they are allowed by the Zoning Ordinance and are not prohibited by any other ordinance or law:

(a)

The 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:

(1)

The Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq. of the Virginia Code) and with Chapter 104 of the County Code and with the Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Virginia Code) and with Chapter 124 of the County Code;

(2)

An erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Conservation and Recreation; or

(3)

Local water quality protection criteria at least as stringent as the above state requirements will be deemed to constitute compliance with this chapter.

The exemption of public roads is further conditioned on the optimization of the road alignment and design, consistent with other applicable requirements, to prevent or otherwise minimize encroachment in the Resource Protection Area and adverse effects on water quality.

(b)

The construction, installation, and maintenance of water lines, sanitary sewer lines including pumping stations, natural gas lines, underground telecommunications and cable television lines and appurtenant structures owned, permitted, or both by Fairfax County or a regional service authority and subject to the following, as determined by the Director:

(1)

To the degree possible, the location of such utilities and facilities shall be outside RPAs;

(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 permits and designed and conducted in a manner that protects water quality; and

(4)

Any land disturbance exceeding an area of 2,500 square feet shall comply with Chapter 104 of the Fairfax County Code.

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

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