§ 6C-16. Exceptions.  


Latest version.
  • (a)

    The county may grant exceptions to the provisions of Part II B or Part II C (9VAC25-870). An exception may be granted provided that (i) the exception is the minimum necessary to afford relief, (ii) reasonable and appropriate conditions shall be imposed as necessary upon any exception granted so that the intent of the Act and this chapter are preserved, (iii) granting the exception will not confer any special privileges that are denied in other similar circumstances, and (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created.

    (b)

    Economic hardship alone is not sufficient reason to grant an exception from the requirements of this chapter.

    (c)

    Under no circumstance shall the county grant an exception to the requirement that the land-disturbing activity obtain required state permits, nor approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website, except where allowed under Part II C (9VAC25-870-146 et seq.) of this chapter.

    (d)

    Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options available through 9VAC25-870-69 have been considered and found not available.

    (e)

    A record of all exceptions granted shall be maintained by the county in accordance with 9VAC25-870-126.

    ( P.C. Ord. No. 14-05 , 5-14-14)