(a) Requests for exceptions from the CBPA requirements of section 23.2-7, 23.2-8, 23.2-9, 23.2-10 and/or 23.2-11 shall be made by application to the York County Chesapeake Bay Board. The board shall identify the impact of the proposed exception on water quality and on lands within the RPA based on the natural resources inventory, mitigation measures and WQIA which complies with the provisions of this chapter and which shall be submitted by the applicant at the time of application.

(b) No later than 60 days after receipt of a complete exception application, the Board shall hold a public hearing on the request. The board shall notify the affected public of any such exception requests and shall consider these requests at a public hearing advertised in accordance with the requirements of Section 15.2-2204 of the Code of Virginia, except that only one hearing will be required. Also when giving any 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 shall be given by first-class mail to the last known address as shown on the current real estate tax assessment book or records.

(c) Exceptions to the CBPA requirements may be granted by the Chesapeake Bay Board provided that a finding is made that:

      (1) The requested exception is the minimum necessary to afford relief:

    (2) Granting the exception will not confer upon the applicant any special privileges that are denied to other property owners who are subject to these provisions and similarly situated;

    (3) The exception is in harmony with the purpose and intent of the CBPA Act and is not of substantial detriment to water quality;

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

    (5) Reasonable and appropriate conditions are imposed, as warranted, that will prevent the allowed activity from causing a degradation of water quality; and

     (6) Other findings, as recommended by the CBPA Manager and deemed appropriate by the board, are met.

(d) The board shall review the application for a exception and the submitted natural resources inventory and WQIA and may grant a exception to the requirements provided the above findings are made.

(e) In granting a exception, the board may impose reasonable and appropriate conditions as the board deems necessary to further the purpose and intent of this chapter and the Chesapeake Bay Preservation Act.


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