ORDINANCE NO.  09-18(   )




BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article III, District Regulations, are hereby amended and reordained as follows:


By Amending:


Sec.                        By right within the floodway


Chapter 18.  Zoning


Article III.  District Regulations


Sec.  By right within the floodway


The following uses or activities are authorized within the floodway as a matter of right:


1.   Agricultural uses, excluding structures of any kind, limited to field crops, pasture, grazing, livestock, raising poultry, horticulture, viticulture and forestry.


2.   Recreational uses (excluding structures of any kind and uses involving human habitation) such as parks; swimming areas, golf courses and driving ranges; picnic grounds; wildlife and nature preserves; game farms; fish hatcheries; shooting preserves; target, trap and skeet ranges; hunting, fishing and hiking areas; athletic fields; and horse show grounds.


3.   Flood warning aids and devices, water monitoring devices and the like.


4.   Fences.


5.   Electric, gas, oil and communications facilities, including poles, lines, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility, but excluding tower structures.  (Added 7-1- 81) (Amended 5-12-93)


6.   Water distribution and sewage collection lines and appurtenances owned and operated by the Albemarle County Service Authority, but excluding pumping stations and holding ponds; public water and sewer transmission lines, main or trunk lines, and interceptors, but excluding treatment facilities and pumping stations, owned and/or operated by the Rivanna Water and Sewer Authority (reference 5.1.12,, 31.2.5). (Added 7-1-81)


7.   If paragraphs (a) through (d) are each satisfied, projects which: (i) are designed or directed by the county, a soil and water conservation district, or a public agency authorized to carry out flood control or environmental restoration measures; or (ii) are reviewed and approved by the department of engineering and public works community development in accordance with the water protection ordinance.


a.   The purpose which will be served by the project, as determined by the department of engineering and public works, is either flood control or environmental restoration;


b.   The amount of fill material placed within the floodway, floodway fringe or approximated flood plain does not exceed the amount of cut material removed from the same floodway, floodway fringe or approximated flood plain in which the fill was placed;

c.   No natural streams will be relocated; and


d.   The project will use natural materials such as rock and vegetation, and will not use engineered structures such as those identified in section


8.   Tier I and Tier II personal wireless service facilities (reference 5.1.40).  (Added 10-13-04)


(Ord. 98-18(2); 9-16-98; Ord. 04-18(2), 10-13-04)


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