(a) Exemptions for public utilities, railroads, and public roads and facilities.

     (1) Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with regulations promulgated pursuant to the Erosion and Sediment Control Law (section 10.1-560, et seq., Code of Virginia) and the Stormwater Management Act (Section 10.1-603.1 et seq, Code of Virginia) or an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Conservation and Recreation will be deemed to constitute compliance with this chapter. The exemption of public roads is further conditioned on the following:

          a. Optimization of the public road alignment and design, consistent with other applicable requirements, to prevent or otherwise minimize encroachment in the RPA and adverse effects on water quality.

     (2) Construction, installation, and maintenance of water, sewer, natural gas and underground telecommunications and cable television lines owned, permitted or both by a local government or regional service authority shall be exempt from the criteria in this part provided that:

           a. To the degree possible, the location of such utilities and facilities shall be outside the RPA;

          b. No more land shall be disturbed than is necessary to provide for the proposed utility installation;

          c. All construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal requirements and shall be designed and conducted in a manner that protects water quality; and

           d. Any land disturbance exceeding an area of 2,500 square feet shall comply with all erosion and sediment control requirements.

    (3) Water wells, passive recreation facilities such as publicly, community or homeowner association owned boardwalks, trails, and walkways, and historic preservation and archaeological activities located in the RPA may be exempted from the provisions of this chapter provided that it is demonstrated to the satisfaction of the CBPA Manager that:

          a. Any required permits, except those to which this exemption specifically applies, have been obtained;

          b. Sufficient and reasonable proof is submitted to establish that the intended use will not cause a deterioration in water quality;

           c. The intended use does not conflict with nearby planned or approved uses; and

          d. Any land disturbance exceeding an area of 2,500 square feet will comply with chapter 10, Erosion and Sediment Control, of this code.

It is not the intent of this subsection to exempt private boardwalks, trails or walkways on an individual lot from the requirements of this chapter.

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