§ 37.1-31. Applicability.

(a)

Except as provided for in section 37.1-31(b) of this article, all land development projects shall comply with the requirements of this article. All land development projects located within Chesapeake Bay Preservation or Reservoir Protection areas shall additionally comply with the provisions of those respective ordinances. In the event of a conflict, the provisions of Chapter 37.1 Article V, Chesapeake Bay Preservation and Chapter 42, Article V, Reservoir Protection of the City Code shall take precedence for land development projects in their respective areas.

(b)

The following activities are exempt from this article:

(1)

Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia.

(2)

Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163;

(3)

Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures.

(4)

Land development projects that disturb less than one (1) acre of land area and discharge stormwater to an adequate system, except when those projects are located within Chesapeake Bay Preservation or Reservoir Protection areas, or activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance.

(5)

Reserved.

(6)

State projects as defined in this Chapter.

(7)

Reserved.

(8)

Activities under a State or federal reclamation program to return an abandoned property to an agricultural or open land use.

(9)

Discharges to a sanitary sewer system.

(10)

Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection.

(11)

Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VSMP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of section 37.1-31 through section 37.1-37 is required within thirty (30) days of commencing the land-disturbing activity.

(c)

Reserved.

(d)

Land development projects subject to the grandfathering provisions of 9 VAC 25-870-48 that are located within the watershed of and discharge stormwater to a City-approved regional stormwater management facility for water quality control or have the City-determined Chesapeake Bay watershed average baseline imperviousness of thirty-six (36) percent or less of impervious cover shall be exempt from complying with section 37.1-35(b) but shall comply with section 37.1-35(c).

(e)

Approvals issued pursuant to this article do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.

(f)

If the provisions of any article, section, subsection, paragraph, subdivision or clause of this article shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this article.

(Ord. No. 7017-13, § 1; Ord. No. 7088-14, § 1)

(Ord. No. 7017-13, § 1; Ord. No. 7088-14, § 1)