ARTICLE I.  IN GENERAL

Sec. 23.3-5.   Applicability.

(a)  Without limitation, this chapter shall be applicable to all subdivision, site plan, building permit or land disturbing activity applications. This chapter also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans must also be reviewed by the county to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with any local and regional watershed plans. No subdivision or site plan, or application for a building permit or land disturbing activity permit, or plan or permit relating to any land development activity to which this Chapter applies, shall be approved unless such plan or application is in full compliance with this Chapter.

(b)  To prevent the adverse impacts of stormwater runoff, the county has developed a set of performance standards that must be met at development sites. These standards apply to any land development or land use conversion activity disturbing 2500 square feet or more of land.

(c)  In addition to the foregoing, the provisions of this chapter shall apply, as applicable, to all modifications to existing stormwater systems and to all illicit discharges.

(d)  The following activities are exempt from the stormwater performance standards:

     (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) Tilling, planting or harvesting of agricultural, horticultural, or forest crops;

    (3) Construction of single-family residences separately built and not part of a subdivision, including additions or modifications to existing single-family detached residential structures;

      (4) Land development projects that disturb less than 2500 square feet of land area; and

      (5) Linear development projects, provided that (i) less than one acre of land will be disturbed per outfall or watershed, (ii) there will be insignificant increases in peak flow rates, and (iii) there are no existing or anticipated flooding or erosion problems downstream of the discharge point.

(Ord. No. 06-17, 7/18/06)

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