Land development may be allowed in the RPA, subject to CBPA Manager review and approval, only if it is one or more of the following:

(a) Is a new or expanded water-dependent facility provided:

     (1) It does not conflict with the comprehensive plan;

     (2) It complies with the performance criteria set forth in this chapter;

     (3) Any non-water-dependent component is located outside of the RPA; and

    (4) Access through the RPA to the water dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided.

(b) Constitutes redevelopment outside of an IDA and there is no increase in impervious area in the RPA, no further encroachment in the RPA and all applicable erosion and sediment control and stormwater management criteria are observed.

(c) Constitutes development or redevelopment within an IDA.

(d) Is a new use established pursuant to subsection 23.2-9(f) or is an addition or alteration to a noncomplying structure allowed pursuant to section 23.2-12.

(e) Is a road or driveway crossing not exempt under section 23.2-11, below, and which complies with the provisions of this chapter, provided further:

     (1) The CBPA Manager makes a finding that there are no reasonable alternatives to aligning the road or driveway in or across the RPA.

    (2) The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the RPA and adverse effects on water quality.

     (3) The design and construction of the road or driveway satisfies all applicable criteria of this chapter, including submission of a WQIA; and

      (4) The CBPA Manager reviews the plan for the road or driveway proposed in or across the RPA in conjunction with a site plan, subdivision plan, and land disturbing or building permit application.

(f) Is a flood control or stormwater management facility that drains or treats water from multiple development projects or from a significant portion of a watershed provided:

     (1) The county has conclusively established that location of the facility within the RPA is the optimum location;

    (2) The size of the facility is the minimum necessary to provide necessary flood control, stormwater treatment, or both;

    (3) The facility must be consistent with a stormwater management program that has been approved by the Chesapeake Bay Local Assistance Board as a Phase I modification to the county's program;

     (4) All applicable permits for construction in state or federal waters must be obtained from the appropriate local, state and federal agencies, such as the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality, the York County Wetlands Board and the Virginia Marine Re-sources Commission;

      (5) Approval must be received from the County prior to construction; and

     (6) Routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed.

     (7) It is not the intent of this subsection to allow a BMP that collects and treats runoff from only an individual lot or some portion of the lot to be located within a RPA.

(g) This chapter shall not be construed to prevent pre-existing structures damaged or destroyed as a result of a casualty loss beyond the control of the owner from being reconstructed within Chesapeake Bay Preservation Areas, unless otherwise restricted by County Code.

(Ord. No. 05-13(R), 5/17/05)