§ 14-324. Permit requirement; exemptions.

(a)

Except as provided herein, no person may engage in any land-disturbing activity in the City until the Administrator has issued a Richmond Stormwater Management Program Permit in accordance with this article.

(b)

A Chesapeake-Bay Preservation Act land-disturbing activity does not require completion of a registration statement or require coverage under the general permit, but shall be subject to the following technical criteria and program and administrative requirements: an erosion and sediment control plan consistent with the requirements of Article III of this chapter; a stormwater management plan consistent with the requirements of Section 14-327; exceptions which may be requested pursuant to 9VAC25-870-57; the technical and administrative requirements of Section 14-330; the long-term maintenance requirements for permanent stormwater facilities in Section 14-331, and the requirements for channel protection and flood protection, the availability of off-site compliance options, and requirements for design storm and hydrologic methods, linear development controls, and criteria associated with stormwater impoundment structures or facilities found at 9VAC25-870-51.

(c)

The following exemptions apply to the Richmond Stormwater Management Program Permit requirements set forth in Subsection (a) of this section:

(1)

Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions Code of Virginia, title 45.1 (Code of Virginia, § 45.1-161.1 et seq.);

(2)

Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth in State regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops, unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Code of Virginia, title 10.1, ch. 11 (Code of Virginia, § 10.1-1100 et seq.), or is converted to bona fide agricultural or improved pasture use as described in Code of Virginia, § 10.1-1163(B);

(3)

Single-family residences separately built, and additions or modifications to such existing single-family residential structures, disturbing less than one acre, or less than 2,500 square feet if located in an area delineated by the City as a Chesapeake Bay Preservation Area pursuant to Article IV of this chapter, and not part of a larger common plan of development or sale;

(4)

Land disturbing activities that disturb less than one acre, or less than 2,500 square feet if located in an area delineated by the City as a Chesapeake Bay Preservation Area pursuant to Article IV of this chapter, and not part of a larger common plan of development or sale;

(5)

Discharges to a sanitary sewer or a combined sewer system;

(6)

Activities under a State or Federal reclamation program to return an abandoned property to agricultural or open land use;

(7)

Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and

(8)

Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the Administrator shall be advised of the disturbance within seven days following commencement of the land-disturbing activity. Compliance with the administrative requirements of this chapter is required within 30 days of commencing the land-disturbing activity.

(Code 2004, § 50-403; Ord. No. 2014-116-89, § 3, 5-27-2014)

(Code 2004, § 50-403; Ord. No. 2014-116-89, § 3, 5-27-2014)