§ 94-44. Public use exemptions.

(a)

Public utilities, railroads, public roads, and facilities exemptions. 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 regulations promulgated pursuant to the Erosion and Sediment Control Law (Code of Virginia, § 10.1-560 et seq.) and the Stormwater Management Act (Code of Virginia, § 10.1-603.1 et seq.), an erosion and sediment control plan and a stormwater management plan approved by the state department of conservation and recreation, or water quality protection criteria adopted by the county that are as stringent as the above will be deemed to constitute compliance with this article.

(b)

The exemption of public roads is limited to those public roads constructed by the state department of transportation (VDOT) and is further conditioned upon the optimization of the road alignment and design, consistent with other applicable requirements, to prevent or otherwise minimize encroachment in the RPA and adverse effects on water quality.

(c)

Construction, installation and maintenance of water, sewer, natural gas and underground telecommunications and cable television lines, owned, permitted, or both, by the county or regional service authority shall be exempt from the criteria in this article provided that:

(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 complies with all the county's erosion and sediment control requirements.

(Ord. No. O-04-03(R1), 3-10-2003)

(Ord. No. O-04-03(R1), 3-10-2003)