HomeMy WebLinkAboutSE201800001 Action Letter 2023-03-16Application for onin Clearance
s"�'/.
CLE # D
PLEASE REVIEW ALL 3 SHEETS
OFFICE S a °
C1tceA
k# S Date:
Receipt# 3[ Staff:
PARCEL INFORMATION
Tax Map and Parceel:,A� jedzgExisting Zoning
'] ^'►
Parcel Owner. T� %
'tVl'Qt�i�l���
L
ParcelAddress:_1-7 A&M& w / #: — A4 City (/%CIiJ Staten z1p2Z2Q
(include suite or floor)
PRIMARY CONTACT
/
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Who should wye�caNwrite concerning this project? _� kh (."( oom Il 4
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Addresslb /79� � City BUT-- State Zip /�2
_
Office Phone: enl A"I Ceti #6'311020t, Fax # % 1GZs Ironed tui ('z4p n (/Y - ?
APPLICANT INFORMATION
Check any that apply: Change of ownership Change of use Change of name New business
Business Name/Type: "-.6- ,: r L n S•
Previous Business on this site / ao, t -� /;0(/ S�Z.sU"
Describe the proposed business including use, number of employees, number of shifts, available parking spaces, number of
vehicles, and any additional information that you can provide: - „
t OC1/I /-
*This Clearance will only be valid on the parcel for which it is approved. If you change, intensify or move the use to anew location, anew Zoning
Clearance will be required.
I hereby certify that I own or have the owner's permission to use the space indicated on this application. I also certify that the information provided
is true and accurate to the of y knowledge. I have read the conditions of approval,and I understandthem, and that I will abide by them.
Signature Printed y(/ •
APPROVJeL INFORMATION
( ] Approved as proposed �] Approved with conditions [ ] Denied
[ ] Backflow prevention device and/or current test data needed for this site. Contact ACSA, 977-4511, x 117.
[ ] No physical site inspection has been done for this clearance. Therefore, it is not a detetnnnation of compliance with the existing
site plan. Q
[ ] This site complies with the site plan as of this.date.
Notes - Xc t' i Is vfr. S�
. .
Building Official �✓h
Zoning Official � ;sue/ Date
� /�—
Other Officialte
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 9724126
Revised 11/02/2015 Page 2 of 3
•C.417
Intake to complete the following:
Y
Is LI, HI or PDIP zoning? If so, give applicant a Certified
Engineer's Report (CER) packet.
Y/D
Will there be food preparation?
If so, give applicant a Health Department form
Zoning review can not begin until we receive approval from Health
Dept. FAX DATE
Circle the one 'es
Is parcel o rrvate w or public water?
If priva well, Health Department form
Zoning review can not begin until we receive approval from Health
Dept. FAX DATE
Circle the o t applies
Is parcel rep ' or public sewer?
Y t➢/ N
'Will you be putting up a new sign of any kind? If so, obtain proper
P Permit permit,
# it. t � �, las�f+ 515�f
or 1 iL
Zildl there be any new construction or renovations?
If so, obtain the proper Permit.
permit#
Y/N
If so, List:
-------------
variance:
Y/N
If so, List:
Reviewer to complete the following:
Square footage of Use: J [I /Cu' & 5&� C-30p ,a
� ;V-1 GoFtI
Y/N �L J
Pennitted as:
Under Section:�t'- /
ct/Id 30
Supplementary regulations section:
_ 5.1.E
Parking formula: C]�p tcac'-3
Ca 9 gtt-
Required spaces:
Y/N
Items to be verified in the Geld:
Inspector:
Notes:
Y/N
If so, List:
SP's:
Y/N
If so, List:
Date:
G
��-0 Revised 11/1/2015 Page 3 of 3
GommoPfwealth Of Virginia
Department Of Transportation
Land Use Permit
Effective Date Jan 13, 2016
-
Expiration Date Nov 08, 2016
Permitee Information
i
Your Job#'
Address William Vlasis
William Vlasis
Agent
PO Box 407
Ivy Virginia 22945
Contact William Vlasis
Phone# 434-977-3999
Contact
Fax#
Phone
24 Hr# 434-531-0806
Fax#
24 Hr#
Permit No
Status
Reinstatement Date
743-15795
APPROVED
burety 8 Account Receivable Information
Name Hartford Fire Insurance Company
Surety account
228SBHH7092
Surety type
Bond
Amount
5,000.00
Obligation Amount
5,000.00
Surety Holder
CUSTOMER
AUTHORIZATION: In compliance with your application, permission is hereby given insofar as the Commonwealth Transportation Board has the
and/or by Land Use Permit for you t
right, power, and authority under se:fons 33.2 - 210;33.2 - 240.33.2 241 of the Code of Virginia as amended, to grant by Special Agreement
o perform the work and orectivity(s) described below:
From Route Number 1106
To Route Number 745
From Route Name Teel Lane
To Route Name Amow Valley Road
To upgrade an existing commercial entrance per attached plan with other improvements on Route 29 for safety and traffic flow. Also to install a
farm entrance, improved for accessing remaining parcel for growing area. See attached plan and other attachments. Work times are from
1 O:OOAM to 2:OOPM M-F for lane closures, shoulder work is 9:OOAM to 3:30PM M-F. Work shall be in accordance with revised 2011 Virginia Work
Area Protection Manual. Call Dennis Seale (434-531_2877) for questions, changes and final inspection.
Permit Fees -
$275.00
Applicant has complied with Section Code 56-265.15 affidavit is attached.
TERMS:Applicable as stated with in the Land Use Permit Regulations (current edition) and/or as per approved plan(s) and/or regulatory
instructions and/or agreements attached hereto.THIS PERMIT IS NOT VALID WITHOUT THE FOLLOWING ATTACHMENTS:
Special Provisions -General
COMMONWEALTH TRANSPORTATION BOARD
Call before you dig
t_7 By; Jan 13, 2016
Allow the required time for marking
,)9(l/gn ` �f
Respect and protect the marks/bags
Nathran (Troy) Austin, Excavate carefully
Call Miss Utility
811
Final Inspection Requirements: Upon completion of the work writito request inspection. described under this permit, the permittee shall contact the following office m
ng
Culpeper Land Use - Charlottesville
701 VDOT Way
Charlottesville VA 22911
Permit N0.743-15795
VDOrs W�te. www Wet virginia.gov
Copy
1VDC1T Vfrgin rlarinlent
I�y-3-� �95
01 TranTportaTlon
LAND USE PERMIT
LUP-A
Land Use Permit Application
September 24, 2014
APPLICATION is hereby made for permit as shown on the accompanying plan or sketch and as described below
Commonwealth Transportation Board of Virginia, in so far as said rules are applicable thereto and an
attached and made a pan of the permit assembly Including an - Said nt agree) will a done work i and in accordance with the rules and regulafions of the
also hereby agrees and is bound and held res g y cost responsibilities covering work under permit
between the
Permits are issued shall al all limes intlemni{y onsible to the owner for any and all damages Padres herein before re/coed to Where and save harmless the Commonwealth Transcessorsportation Board members of the Boarq (he rain work in a manner as approved upon its comreements may be
offices, from responsibilil 9es to any other installations already in place as a result of work covered by resultin
agrees to waive for ihelfSucy, damage, or liability arising from the exercise of the privileges granted in such plet'On. Applicant
Department or its successor, chooses ininterest
lexercae its acassknowledged right to demand or Commonwealth and all Commonwealth employs.. ate nt whom
gns y entitlements it may otherwise have a, have rmiit to the extent
Ihellowetl by law. In consideration of the issuance of a permit the applicant
should this applicalm be a Y agents, and
pproved. cause the removal of an Uniform Relocation and Assistant ip of that as amended in eloatthe
d,
y m all Oxtures, personality of whatever kind or tlescnplion that may hereafter be totaled,
Type or Print clearly
Applicant Driver's license or N IS Sy �` 6 �7—
Owner Name [ / `�' Contact Name W ' V - , p
Address U [S Email Address City �' !� State �l Telephone Number( �{�I ) r)
Zip code 7i �L • q 4 1
�— Emergency Telephone Number( Q
Agent Driver's license or Tax ID NO. 7 Fax Number(_)_
Agent Name Contact Name
Address E-mail Address
City Telephone Number (� ) State __Zip Code _
1 V0 2 �- Emergency Telephone Number
Permit Term Requested //1� •t Fax Number
Fees Enclosed $ .[.7
Money Order Check Number •?9
—�_ Other Coupon Number(s)
Estimated cost of work to be performed on VDOT Right of Way $
Surety In_ fo` r Surety Posted b 'Agent [
y: Owner [ ✓l / O?� —
Amount of Surety $ ) Surety Refund to: Owner ['lgent [[',".'�'
�--� Obligation Amount $ S�e,a ,I 1 Surety Waived [ 1
Surety Company Name � � eck #
end #
(t) AttacThe hed
is Im an h A �a:znt has rovidetl roof Of the followin re uiremenls in accordance as defined in T.I.
(t) AltacheC is a notarizedsaffidavit, stating that the utility oin wner has poli(ed the
ppro nate notification center 1151.1 of he otle of Vir inia
entities with a property interest in an commercial and residential deveki er, owner of
Y parcel of land Ipcaletl adjacent to he property over which the land use is beincommannal Request permission to ertorm the followingactivit 5: 9requesletl that applicabon'for nme perm( has beeily real estate, 01 n made government
per attached plans.
•• v unutR THE AUSPICES OF A VDOT LAND USE POF ERMIT STATE ASSIGNED INSPECTOR IN CONJUNCTION WITH
Signature of Applicantnt:
Signature of Agent: Title 4jN)Q, Date %Z
Title
y Date
applicable jtems on this loan mull be completed to a -- Prepayment required Win remittance payable to VirginiaeDetng the issuance 01 a VDOT
partment of Transporllban Lantl Use Permit.
Receipt is hereby acknowledged for: CHECK No. VDOT—
In the Amount of $ COUPON No.
Authorized VDOT Signature: for PERMIT FEE $ �— MONEY ORDER No. —
_ CASH SURETY $ _
Date:
XVDOT OI Tra Department
of Transportation
LAND USE PERMIT
LUP-CS
Cash Surety Affidavit
August 22, 2014
Type Or or Print
I the undersigned hereby acknowledge the following:
That I am fully cognizant that should 1 owe the Internal Revenue Service or the Commonwealth of Virginia 1 may
not receive a refund of the cash guarantee provided for the issuance of a VDOT land use permit unless the
amount owed is less than the amount of cash guarantee provided.
That failure to satisfactorily complete the work authorized under the auspices of a land use permit may also
result in the forfeiture of the cash guarantee provided.
That I must provide an executed copy of the U.S. Department of Treasury, Internal Revenue Service Form W-9 to
receive a refund of the cash guarantee provided for the issuance of a VDOT land use permit.
Project Name
State Route No.
6i Zr
Location (City, County, Town)
Company Federal Tax ID No. or Driver's License No. (Required)
1zr Grp1-r/160
N asn Guarantee Provider (As it appears on the chnr4l
mailing Address (Refund to be returned to address indicated On' the
R3�) / og�,� (�)
Telephone No.
Fax No.
/W-to -------------- -----
Signatur Company representative or individual providing cash guarantee)
Date
For VDOT Use
Land Use Permit No.:
Check No.:
Amount: $
Commonwealth of Virginia
Department of Transportation LUP-SPG
04/08/2014 LAND USE PERMIT
, -) Special Provisions
General
NOTICE OF PERMITTEE LIABILITY Permittee A reement for Land Use Permit Issuance
I the undersigned hereby acknowledge that I am fully cognizant of all of the following re
associated with the issuance of a VDOT Land Use Permit: Il` ,ff g requirements
Applicant Name: A a n % /r . _ �
Applicant Signature:
Project Name:
Route Number: ---�
County:
Any of the following provisions that may apply, shall apply:
General Rents
Permittee acceptance and use of a Virginia Department of Transportation (VDOT) land use permit is prima facie
evidence that the permittee has read and is fully cognizant of all required permit provisions, applicable traffic
control plans and associated construction standards to be employed. All applicants to whom permits are issued shall
at all times indemnify
Commonwealth, and all Commonwealth employees, agents, and officers, from responsibility, damage, or liability
and save harmless the Commonwealth Transportation Board, in of the Board, the
arising from the exercise of the privileges granted in such permit to the extent allowed by law including any sums
ordered to be paid or expended by VDOT b an of any applicable environmental law, s to remediate any hazardous or other material, including illicit discharge into
Y y governmental entity as a fine, penalty or damages for any violation
VDOT maintained storm sewer systems.
The permittee assumes full responsibility for any and all (downstream flooding, erosion, siltation, etc.) damages that
may occur as a result of the work performed under this permit. Furthermore, the Department wi11 in no way be
responsible for any damage to the facility being placed as a result of fnu maintenance or construction activities
Performed by the Department.
All land disturbance activities performed under a VDOT land use permit shall be in accordance with all local, state,
and federal regulations.
The permittee agrees to move, remove, alter, or change any installation that interferes with the ultimate construction
of the highway in alignment or grade at no cost to the Department unless otherwise stipulated and agreed to by the
Department.
The permittee shall immediately correct any situation that may arise as a result of these activities that the district
administrator's designee deems hazardous to the traveling public.
Any and all highway signs, right-of-way
rkers etc.
sturbed as a result of work
shall be accurately reset by the permittee ma ed immediately foltlowing the work in the vicinity of the disturbed facility.
The services of a certified land surveyor with experience in route surveying may be required. permit
It shall be the permitteds responsibility to obtain any and all necessary permits that may be required by any other
government agencies, i.e., U.S. Army Corp. of Engineers, Department of Environmental
Conservation and Recreation, etc.
Quality, Department of
•
•
APPLICATION FOR A SPECIAL EXCEPTION
l�2 Request for a waiver, modification, variation ❑ Variation to a previously approved Planned
or substitution permitted by Chapter 18 = $457 Development rezoning application plan or
OR Code of Development = $457
❑ Relief from a condition of approval = $457
Provide the following
❑ 3 copies of a written request specifying the
section or sections being requested to be
waived, modified, varied or substituted, and
any other exhibit documents stating the
reasons for the request and addressing the
applicable findings of the section authorized
to be waived, modified, varied or substituted.
Provide the following
❑ 3 copies of the existing approved plan
illustrating the area where the change is
requested or the applicable section(s) or
the Code of Development. Provide a
graphic representation of the requested
change.
❑ 1 copy of a written request specifying the
provision of the plan, code or standard for
which the variation is sought, and state the
reason for the requested variation.
Project Name and Assigned Application Number (SDP, SP or ZMA): l�! L� y �-�l ( 4 ?rim
NTax map and parcel(s�jg 4D/.�nl n.
Contact Person
Address / 0 an)/ 4 Q 7 City Ir y State VA Zip
Daytime Phone# (V) _ f! Q',/ Fax# ("-3' ) —7 MO Email
Owner of Record Y•Sri//q/�4A) �7p -G
Address ✓>1� City
Daytime Phone# (
Fax# ( )
Applicant (Who is the Contact Person representing?) .5lJrj�( .
Email
State Zip
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
•
APPLICATION FOR A SPECIAL EXCEPTION
Owner/Applicant Must Read and Sign
The foregoing information is complete and correct to the best of my knowledge.
By signing this application I am consenting to written comments, letters and or notifications
regarding this application being provided to me or my designated contact via fax and or email.
This consent does not preclude such written communication from also being sent via first class
mail.
S7ature�of Owner,
/Contract Purchaser, Agent
W1 Ll/l�,a�'/ V LA-51s
Print Name
!!:�e/�i
Date
I3Z/ 9310006
Daytime phone number of Signatory
***If multiple property owners are required to sign the application per Section 33.2 b (lb)
then make copies of this page and provide a copy to each owner to sign. Then submit each
original signed page for the Special Exception Application.
Tax Map & Parcel Number:
Owner Name of above Parcel:
FOR OFFICE USE ONLY SDP, SP or ZMA #
� �r,11 �(�fl.�il ��Ili �ii►.4,1 '
Fee Amount S _ Date Paid
I3D Ck# IS435 By do
0
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972 4126
March 27, 2018
William Vlasis
PO Box 407
Ivy, VA 22945
RE: CLE201800050 Triple Seven Groundcovers — Special Exception
Dear Mr. Vlasis,
On March 14, 2018, the Board of Supervisors took action on your zoning clearance application to
conduct farm sales on a parcel of less than twenty-one (21) acres by approving a special exception
to allow the front setback for parking that will serve the farm sales use to be closer than the
required seventy-five (75) feet on Tax Map Parcel 07500-00-00-05000 in the Samuel Miller
District. This application was approved by the Board's adoption of the attached resolution and
conditions.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property as approved above may lawfully begin until all
applicable approvals have been received and conditions have been met. This includes:
approval of a WATER PROTECTION ORDINANCE MITIGATION PLAN; and
approval of a ZONING COMPLIANCE CLEARANCE.
Before beginning uses as allowed by this special exception or if you have questions regarding the above -
noted action, please contact me at (434) 296-5832 ext. 3418.
Sincerely,
Francis MacCall
Principal Planner
*Attachment*
RESOLUTION TO APPROVE SPECIAL EXCEPTION
FOR CLE 2018-50 TRIPLE SEVEN GROUNDCOVERS
ON TAX MAP 75, PARCEL 50
WHEREAS, the Applicant has filed an application for a zoning clearance to construct
structures and provide parking to conduct farm sales on Tax Map Parcel Number 07500-00-00-05000
(the "Property); and
WHEREAS, the Applicant also filed a request for a special exception to allow the front
setback for parking that will serve the farm sales use to be closer than the required seventy-five (75)
feet, as the Property is depicted on the the two -page sketch plan entitled "Proposed Farm Sales Use
Parking Location at 777 Monacan Trail' dated February 16, 2018.
NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the
memorandum prepared in conjunction with the use, and its supporting analysis, the two -page sketch plan
entitled "Proposed Farm Sales Use Parking Location at 777 Monacan Trail' dated February 16, 2018, and
all of the factors relevant to the special exception in Albemarle County Code § 18-5.1 and 18-33.5, the
Albemarle County Board of Supervisors finds that, because the farm sales structures may be thirty-five (35)
feet from a public road, reducing the parking setback as proposed would satisfy the purposes of Chapter 18,
Zoning, to at least an equivalent degree as the existing parking setbacks; and
BE IT FURTHER RESOLVED hereby approves the special exception to authorize the parking
for the farm sales to be closer to the front property line than the required seventy-five (75) foot setback,
subject to the condition attached hereto.
xsr
I, Claudette K. Bogersen, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
six to zero, as recorded below, at a regular meeting held on March 14, 2018.
Clerk, Board of County Su isors
Aye Nay
Mr. Dill
Y
Mr. Gallaway
_
Y
Ms. Mallek
Y
Ms. McKeel
Y
Ms. Palmer
Y
Mr. Randolph
Y
CLE 2018-50 Triple Seven Groundcovers Special Exception Conditions
I. The parking setback from the front property line on the northern portion of the property shall be a
minimum of twenty-five (25) feet and the parking setback from the front property line on the southern
portion of the property shall be a minimum of fifty-five (55) feet as depicted on the two -page sketch
plan entitled "Proposed Farm Sales Use Parking Location at 777 Monacan Trail' dated February 16,
2018.
ALBEMARLE COUNTY CODE
an applicable TMDL wasteload allocation established and approved prior to July 1, 2014,
and exceptional waters shall include the information required by 9VAC25-880-70, Part
II(A)(5).
B. Qualified personnel. The name, telephone number, and qualifications of the qualified personnel
conducting inspections.
C. Delegation of authority. The persons or positions with authority to sign inspection reports or to
modify the stormwater pollution prevention plan.
D. Additional elements of an approved plan. In addition to the elements in subsection (A), an
approved stormwater pollution prevention plan is composed of, once they are approved, the
approved erosion and sediment control plan, including the elements of that plan addressing the
requirements of 9VAC25-870-54(F), the approved stormwater management plan, and the
pollution prevention plan for the land disturbing activity to which the stormwater pollution
prevention plan applies.
E. Signature. The plan shall be signed by a person authorized under 9VAC25-880-70, Part III(K).
(Ord. 14-17(l), 5-7-14, effective 7-1-14)
State law reference — 9VAC25-870-54, 9VAC25-880-70,9VAC25-89OA0.
Sec. 17-406 Mitigation plan if development allowed in stream buffer; form and content.
Each owner who seeks to develop in a stream buffer pursuant to section 17-604 shall submit a mitigation
plan that includes the following in the form required by the administrator:
A. Elements of plan. Except as provided in subsection (B), each mitigation plan shall contain all of
the following:
1. Identify impacts and specify mitigation measures. Identify the impacts of the proposed
development on water quality and lands within the stream buffer, and specify the
mitigation measures that will address water quality and stream buffer impacts.
2. Disturbance to land and vegetation minimized. Ensure that, where development takes
place within a stream buffer: (i) the proposed development, including the alignment and
design of any stream crossing, shall be located on those portions of a site and in a manner
that will be least disruptive to the natural functions of the stream buffer; (ii) no more land
shall be disturbed than is necessary to allow a development that is permitted in the
underlying zoning district under the applicable regulations of the Zoning Ordinance; and
(iii) native vegetation shall be preserved to the fullest extent possible, consistent with the
proposed development.
3. Multiple stream crossings; demonstrate environmental advantage over single stream
crossing. If an owner seeks to establish more than one stream crossing as provided in
section 17-604(C)(7), demonstrate that the environmental impacts from the entire road,
street or driveway necessitated by a single stream crossing would be greater than the
environmental impacts caused by an additional crossing and its associated road, street or
driveway. For the purposes of this subsection, the environmental impacts considered by
the administrator include, but are not limited to, impacts to soil, soil erosion, stormwater
quantity, water quality, loss of vegetated stream buffer, impacts to stream beds and
stream banks, the creation of impervious surfaces, and the disturbance of slopes of
twenty-five (25) percent or greater.
4. Additional information. Additional information deemed necessary by the administrator
for a complete review of the plan.
17-39
Supp.#31, 7-14
ALBEMARLE COUNTY CODE
C. Silvicultural activities. SiMcultural activities, provided that they are conducted in compliance
with the water quality protection procedures established by the Virginia Department of Forestry in
its "Virginia's Forestry Best Management Practices for Water Quality."
D. Public airport improvements. The construction, installation and maintenance of runways,
taxiways, and other similar or appurtenant improvements at public airports, including the
expansion or extension of those improvements, provided that all applicable Federal, State and
local pemrits are obtained.
(§ 19.343, 2-11-98; § 19.2-12, 6-19-91, § 12; Code 1988, §§ 19.2-12, 19.3-43; § 17-319, Ord. 98-A(1), 8-
5-98; Ord. 08-17(4), 9-3-08; § 17-602, Ord. 14-17(1), 5-7-14, effective 7-1-14)
State law reference-Va. Code § 62.1-44.15:73; 9VAC25-890-40.
Sec. 17-603 Types of structures, improvements and activities authorized in a stream buffer.
If otherwise authorized by the applicable regulations of the Zoning Ordinance, the following types of
structures, control measures and activities shall be allowed in a stream buffer, provided that the
requirements of this section are satisfied:
A. Pre-existing buildings or structures. Any building or structure which existed on February 11, 1998
may continue in its location on that date. However, nothing in this section authorizes the
continuance, repair, replacement, expansion or enlargement of any such building or structure
except as provided in sections 18-6 and 18-30.3.
B. Temporary erosion and sediment control measures. Temporary erosion and sediment control
measures, provided that to the extent practical, as determined by the administrator, the control
measures shall be located outside of the stream buffer and disturbance impacts are minimized.
C. Water -dependent facilities and miscellaneous uses. Water -dependent facilities; water wells;
passive recreation access, such as pedestrian trails and bicycle paths; historic preservation;
archaeological activities; provided that all applicable Federal, State and local permits are obtained.
(§ 19.3-44, 2-11798; § 19.2-7, 6-19-91, § 7; § 19.2-8, 6-19-91, § 8; Code 1988, §§ 19.2-7, 19.2-8, 19.3.44;
§ 17-320, Ord. 98-A(1), 8-5-98; Ord. 08-17(2), 5-7-08; § 17-603, Ord. 14-17(1), 5-7-14, effective 7-1-14)
State law reference -Va. Code § 62.1-44.15:73; 9VAC25-89040.
Sec. 17-604 Types of structures, improvements and activities which may be allowed in a stream
buffer by program authority.
Structures, improvements and activities may be authorized by the administrator in the circumstances
described below, provided that a mitigation plan satisfying the requirements of section 17406, is submitted
to, and approved, by the administrator:
A. Within the landward 50 horizontal feet. On a lot within the fifty (50) horizontal feet of a stream
buffer that is the most landward (furthest from the stream), if the structures, improvements or
activities either: (i) would be for necessary infrastructure to allow reasonable use of the lot; or (ii)
would be on a lot that is within a water supply protection area where the stream buffer protects an
intermittent stream and the lot is within a development area. In all cases under this subsection, any
new building site and sewage disposal system shall be located outside of the stream buffer.
B. Lakes, ponds or restoration projects. On a lot on which the development in the stream buffer will
consist of a lake, pond, or ecological/wetland restoration project.
17-57
Supp. #31, 7-14
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