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C. The director of planning has found the requirements under subsection 9.1-12(c)(3) have been met. (3) An application for a nonconforming use and development waiver shall be made to and upon forms furnished by the zoning administrator and shall include for the purpose of proper enforcement of this chapter, the following information: a. Name and address of applicant and property owner; b. Legal description of the property and type of proposed use and development; C. A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot line, and boundary of the RPA and RMA, and existing and proposed vegetation, including mitigation for the proposed RPA encroachment; and d. Location and description of any existing private water supply or sewage system. (4) A nonconforming use and development waiver shall become null and void 12 months from the date issued if no substantial work has commenced. (5) It is not the intent of this chapter to prevent the reconstruction of pre-existing structures within CBPAs from occurring as a result of casualty loss unless otherwise restricted by the City Code. (b) Public utilities, railroads, public roads and facilities exemptions. Construction, installation, operation and maintenance of electric, natural gas, fiber-optic and telephone transmission lines, railroads and public roads and their appurtenant structures in accordance with chapter 11.1 (Erosion and Stormwater Management) of this Code shall be found to be exempt. (1) The exemption of public roads is further conditioned by: a. The optimization of the road alignment and design, consistent with other applicable requirements to prevent or minimize encroachments into the RPA; and b. The optimization of the road alignment and design that minimizes the adverse affects of water quality. (2) The exemption for the construction, installation and maintenance of water, sewer, natural gas, underground telecommunications and cable television lines owned, permitted or both by the city or regional service authority are further conditioned that: a. To the degree possible, the location of such utilities and facilities should be outside the RPA; b. No more land shall be disturbed than is necessary to provide the proposed utility installation; All such construction, installation and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal permits and designed and conducted in a manner that protects water quality; and d. Any land disturbance exceeding an area of 2,500 square feet complies with chapter 11. l (Erosion and Stormwater Management) of this Code. 24