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(1) A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the city to be equivalent thereto (i) was approved by the city prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-875-670, (iii) will comply with the technical criteria of Article 4 of Part V of 9VAC25-875, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff; (2) A permit has not been issued prior to July 1, 2014; and (3) Land disturbance did not commence prior to July 1, 2014. (c) Locality, state, and federal projects shall be grandfathered by the city and shall be subject to the technical criteria of Article 4 of Part V of 9VAC25-875 provided: (1) There has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012; (2) A permit has not been issued prior to July 1, 2014; and (3) Land disturbance did not commence prior to July 1, 2014. (d) Land disturbing activities grandfathered under subsections (a) and (b) of this section shall remain subject to the technical criteria of Article 4 of Part V of 9VAC25-875 for one additional permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the board. (e) In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Article 4 of Part V of 9VAC25-875. (f) Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion. Section 11.1-13 Variances and exceptions. (a) Variances to waive or modify any of the erosion and sediment control requirements of Article 2 (9VAC25- 875-540 et seq.) of Part V (9VAC25-875-470 et seq.) of the Regulation that are deemed inappropriate or too restrictive for site conditions may be requested from the city under these conditions: (1) At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the city shall be documented in the plan. (2) During construction, the person responsible for implementing the approved plan may request a variance in writing from the city. The city shall respond in writing either approving or disapproving such a request. If the city does not approve a variance within 10 days of receipt of the request, the request shall be deemed to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation. (b) The city may grant exceptions to the provisions of Article 3 (9VAC25-875-570 et seq.) of Part V of the Regulations. 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 VESMA and the Regulations 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. (c) Economic hardship alone is not a sufficient reason to grant an exception from the requirements of the Regulations. Page 18 of 27