§ 94-45. Exceptions.

(a)

Administrative exceptions.

(1)

A request for an exception to the requirements of any section of this article, except as provided in subsection (b) of this section, shall be made in writing to the director of environmental with the appropriate fee by filing a RPA modification application or a CBPA exception application with the appropriate fee.

(2)

The director of environmental shall review the request for an exception and may grant the exception provided that the director of environmental finds that:

a.

Exceptions shall be the minimum necessary to afford relief; and

b.

Reasonable and appropriate conditions upon any exception granted shall be imposed, as necessary, so that the purpose and intent of the Act is preserved;

c.

For exceptions to section 94-41, so long as the findings in section 94-41 are met.

(3)

If the director of environmental denies the request for an exception, the applicant may appeal to the Chesapeake Bay preservation board.

(b)

RPA criteria exceptions.

(1)

A request for an exception to the requirements of sections 94-39 and 94-40 of this article shall be made in writing to Chesapeake Bay Preservation Board with the appropriate fee. It shall identify the impacts of the proposed exception on water quality and on land within the RPA through the performance of a water quality impact assessment which complies with the provisions of section 94-41.

(2)

No exception granted by this section shall be authorized except after notice and a hearing, as required by Code of Virginia, § 15.2-2204, except that only one hearing shall be required. When giving the required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the notice maybe given by first-class mail rather than by registered or certified mail.

(3)

The Chesapeake Bay Preservation Board shall review the request for an exception and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this article if the Chesapeake Bay Preservation Board finds that:

a.

The exception request is the minimum necessary to afford relief;

b.

Granting the exception will not confer upon the applicant any special privileges that are denied by this article to other property owners who are subject to its provisions and who are similarly situated;

c.

The exception request will be in harmony with the purpose and intent of this article and is not of substantial detriment to water quality;

d.

The exception request is not based upon conditions or circumstances that are self-created or self-imposed; and

e.

Reasonable and appropriate conditions are imposed, as warranted, that will prevent the allowed activity from causing a degradation of water quality. The conditions may include a requirement that a surety acceptable to the county attorney be posted to guarantee performance.

(4)

If the Chesapeake Bay Preservation Board cannot make the required findings or refuses to grant the exception, the Chesapeake Bay Preservation Board shall return the request for an exception together with the water quality impact assessment and the written findings and rationale for the decision to the applicant.

(Ord. No. O-04-03(R1), 3-10-2003; Ord. No. O-02-18, 3-13-2018)

(Ord. No. O-04-03(R1), 3-10-2003; Ord. No. O-02-18, 3-13-2018)