§ 5.5-12. Waivers.

(a)

It is not the intent of this chapter to prevent beneficial use or minor modification or alteration of structures legally existing prior to the adoption of this chapter, or to prevent the practical use of structures existing prior to adoption of this chapter whose proximity to a RPA leaves insufficient area suitable for building outside of the RPA, whose lack of suitable soils for reserve or alternate drainfields or whose other factors make the property practically unusable upon application of the requirements of this chapter. Waivers to section 5.5-9(b) of this chapter may be granted by the administrator to allow the beneficial use of the property provided that:

(1)

Waivers granted shall cause no increase in nonpoint source pollution load;

(2)

Land disturbances in excess of two thousand five hundred (2,500) square feet shall comply with the Erosion and Sediment Control Ordinance; and

(3)

The request for waiver is made pursuant to section 5.5-15 of this chapter and the findings in section 5.5-14(1)—(6) are made.

(b)

This section shall not be construed to prevent the reconstruction of preexisting structures within the Chesapeake Bay Preservation Areas from occurring as a result of casualty loss unless otherwise restricted by county.

(c)

Waivers from these requirements may also be granted for the following: 1) water wells; 2) passive recreational facilities such as boardwalks, trails, pathways; and 3) historic preservation and archaeological activities, provided that it is demonstrated to the satisfaction of the administrator that:

(1)

Any required permits, except those to which this waiver applies, shall have been issued;

(2)

Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality;

(3)

The intended use does not conflict with nearby planned or approved uses; and

(4)

Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with the requirements of the Erosion and Sediment Control Ordinance (chapter 7.5).

(Ord. of 12-4-2012)

(Ord. of 12-4-2012)