ORDINANCE NO.  08-17(  )

 

AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY  B17-215A

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, Article III, Stormwater Management and Water Quality, is amended and reordained as follows:

 

By Amending:

 

Sec. B17-31917-319       Types of development exempt from duties to retain, establish or manage a stream buffer

 

Chapter 17.  Water Protection

 

Article III.  Stormwater Management and Water Quality

 

Sec. B17-31917-319 Types of development exempt from duties to retain, establish or manage a stream buffer.

 

            The following types of development shall not be required to retain, establish or manage a stream buffer, provided that the requirements of this section are satisfied:

 

            A.        The construction, installation, operation and maintenance of electric, gas and telephone transmission lines, railroads, and activities of the Virginia Department of Transportation, and their appurtenant structures, which are accomplished in compliance with the Erosion and Sediment Control Law (Virginia Code §§ 10.1-560 et seq.) or an erosion and sediment control plan approved by the Virginia Soil and Water Conservation Board.

 

            B.         The construction, installation, and maintenance by public agencies of water and sewer lines, including water and sewer lines constructed by private interests for dedication to public agencies, provided that:

 

                        1.         To the extent practical, the location of such water or sewer lines shall be outside of all stream buffer areas;

 

                        2.         No more land shall be disturbed than is necessary to construct, install and maintain the water or sewer lines; and

 

                        3.         All such construction, installation, and maintenance of such water or sewer lines shall comply with all applicable federal, state and local requirements and permits and be conducted in a manner that protects water quality.

 

            C.         Silvicultural activities, provided that such activities are conducted in compliance with the water quality protection procedures established by the Virginia Department of Forestry in its “Best Management Practices Handbook for Forestry Operations.”

 

            D.        The construction, installation and maintenance of runways, taxiways, and other similar or appurtenant improvements at public airports, including the expansion or extension of those improvements, provided that all applicable federal, state and local permits are obtained.

 

(§ 19.3-43, 2-11-98; § 19.2-12, 6-19-91, § 12; Code 1988, §§ 19.2-12, 19.3-43; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 10.1-2108.

           

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