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1. The location of the facility has been found to be the optimum location by the City of Portsmouth; 2. The size of the facility is the minimum necessary to provide the necessary flood control, smrmwater treatment or both; 3. The facility is consistent with Chapter 31.1 (Stormwater Management) and has been approved as a Phase I modification of the City of Portsmouth's Chesapeake Bay Program; 4. All applicable permits for work in and around state and federal waters have been obtained and received prior to construction; 5. Approval must be received from the City of Portsmouth prior to construction; and 6. Routine maintenance may be performed on such facilities to assure that they continue to function as designed. (2) Exemptions in Resource Protection Areas. The following land disturbances in the Resource Protection Area may be considered exempt: (a) water wells, (b) passive recreational facilities such as boardwalks, trails and pathways; and (c) historic preservation and archaeological activities, provided that they comply with the following: a. The land disturbance undergoes an administrative rewew, pursuant to Section 9.1-10 (C) 4, prior to approval; and b. Any land disturbance exceeding an area of 2,500 square feet shall comply with Chapter 11 (Erosion and Sediment Control) of the Portsmouth City Code. (3) Buffer Area Requirements. To minimize the adverse effects of human activities on the other components of Resource Protection Areas, state waters, and aquatic life, a 100-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist. The buffer area shall be located adjacent to and landward of other RPA components and along both sides of any water bodies with perennial flow. The full buffer area shall be designated as the landward component of the RPA, in accordance with Sections 9.1-4 and 9A-11. Notwithstanding permitted uses, encroachments, and vegetation clearing as set forth in this section, the 100-foot wide buffer area is not reduced in width. The 100-foot buffer area shall be deemed to achieve a 75% reduction of sediments and a 40% reduction of nutrients.