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Ordinances 2014
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Ordinances 2014
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1/7/2015 2:43:34 PM
Creation date
2/18/2014 2:52:24 PM
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Ord/Resolutions
Year
2014
Ord/Resolutions - Type
Ordinances
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quantity]; 9VAC-25-870-69 [offsite compliance, options]; 9VAC-25-870-72 [design storms and <br />hydrologic methods]; 9VAC-25-870-74 [stormwater harvesting]; 9VAC-25-870-76 [linear <br />development project]; and, 9VAC-25-870-85 [stormwater management impoundment structures <br />or facilities], which shall apply to all land-disturbing activities regulated pursuant to this Chapter, <br />except as expressly set forth in Section 31.2-10. <br />Sec.31.2-10. Grandfathering. <br />(a) Any land disturbing activity shall be considered grandfathered by the VSMP authority <br />and shall be subject to the Part II C technical criteria of the VSMP Regulation provided: <br />(1) A proffered or conditional zoning plan, zoning with a plan of development, <br />preliminary or final subdivision plan, preliminary or final site plan, or any <br />document determined by the locality to be the equivalent thereto (i) was approved <br />by the locality prior to July 1, 2012, (ii) provided a layout as defined in 9VAC-25- <br />870-10, (iii) will comply with the Part II technical criteria of the VSMP <br />Regulation, and (iv) has not been subsequently modified or amended in a manner <br />resulting in an increase in the amount of phosphorus leaving each point of <br />discharge, and such that there is no increase in the volume or rate of runoff; <br />(2) A state permit has not been issued prior to July 1, 2014; and <br />(3) Land disturbance did not commence prior to July 1, 2014. <br />(b) Locality, state and federal projects shall be considered grandfathered by the. VSMP. <br />authority and shall be subject to the Part IIC technical criteria of the VSMP Regulation provided <br />(1) There has been an obligation of locality, state or federal funding, in whole or <br />in part, prior to July 1, 2012, or the department has approved a stormwater <br />management plan prior to July 1, 2012; <br />(2) A state permit has not been issued prior to July 1, 2014; and <br />(3) Land disturbance did not commence prior to July 1, 2014. <br />(c) Land disturbing activities grandfathered under subsections A and B of this section <br />shall remain subject to the Part IIC technical criteria of the VSMP Regulation for one additional <br />state permit cycle. After such time, portions of the project not under construction shall become <br />subject to any new technical criteria adopted by the board. <br />(d) In cases where governmental bonding or public debt financing has been issued for a <br />project prior to July 1, 2012, such project shall be subject to the technical criteria of Part II C. <br />(e) Nothing in this section shall preclude an operator from constructing to a more <br />stringent standard at his discretion. <br />
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