2007-18
ORDINANCE NO. 2007 - IS
AN ORDINANCE AJVl:ENDING CIIAPTER 110, ARTICLE I, SECTION 110-4 AND
CHAPTER 110, ARTICLE II, DIVISION 3, 110-S0(b)(2) OF THE CODE OF THE
CITY OF FAIRFAX: TO PROVIDE FOR REVISIONS TO TIIE DEFINITION OF
..PUBLIC ROAD" AND TO CLARIFY THAT THE CITY SIIALL REQUIRE PLANS
FOR ROADS OR DRIVE","AYS IN OR CROSSING TIIE RPA TO JVl:EET
REQUIRED PLAN APPROVAL CRITERIA AND TO GENERALLY COJVI:PL Y
","ITII TIIE REQUIREJVl:ENTS OF TIIE CODE OF VIRGINIA SECTION 10.1-2109,
THE CIIESAPEAI-CE BAY ACT, AND VIRGINIA ADJVl:INISTRATIVE CODE
SECTION 9V ACI0-20-60.
NO"'", BE IT ORDAINED by t:he Cit:y Council oC t:he Cit:y oC FairCax, Virginia,
t:hat: CIIAPTER 110, ARTICLE I, Sect:ion 110-4 and CHAPTER 110, ARTICLE II,
DIVISION 3, Sect:ion 110-S0(b)(2) oC t:he Code oC t:he Cit:y oC FairCax, are hereby
amended as :Collo","s:
ARTICLE I. IN GENERAL
Sec. 110-4. Definit:ions.
Public road means, as used solely in Article II, Division 3, a publicly oV\Tned road that is
designed and constructed in accordance "",ith vvater quality protection criteria at least as
stringent as requirements applicable to the Virginia Department of Transportation, including
regulations promulgated pursuant to (i) the Erosion and Sediment Control LaVV" (SectioTl 10.1-
560 et seq. of the Code of Virginia) and (ii) the Virginia StormV\Tater 1\I1anagement Act
(Section 10.1-603.1 et seq. of the Code of Virginia). This definition includes those roads
vvhere the Virginia Department of Trarrsportation exercises direct supervision over the design
or construction activities, or both, and cases '-Vhere urban roads a.re: constructed or maintained,
or both, by the City of Fairfax in accordance vv-ith the City's standards for road design and
construction activities.
ARTICL_E II. DISTRICT DEVELOPJVl:ENT STANDARDS AND REGULATIONS
GENERALLY
DIVISION 3. CHESAPEAKE BAY PRESERVATION*
Sec... 110-80.. Use regula-tions..
(b) Development in resource protection areas (RPAs) shall be subject to revie'-V and
approval by the city and may be permitted ifit:
(1) Constitutes redevelopment; or
(2) Is a roadvv-ay or drive'-Vay not exempt under section 110-88,. provided that:
a. There are no reasonable altematives to aligning the road or drive'-Vay in or
across the RP A;
b. The alignment and design of the road or driveway are optimized, consistent
with other applicable requirements, to minimize encroachment in the RP A and
adverse effects on water quality; and
c. The design and construction of the road or driveway satisfy all applicable
criteria of this ordinance, induding the submission of a water quality impact
assessment.
d. The plan for the road or driveway proposed in or across the RP A meets the
criteria for site plan, subdivision and plan of development approvals.
(3) Is a flood-control or stormwater-management facility that drains or treats water
from multiple development projects or from a significant portion of a watershed,
provided that:
a. The location of the facility within the RPA is the optimum location;
b. The size of the facility is the minimum necessary to provide necessary flood
control, stormwater treatment, or both;
c. The facility is consistent with a stormwater management program that has been
approved by the Chesapeake Bay local assistance board as a phase I
modification to this program;
d. All applicable permits for construction in state and federal waters are obtained
from the appropriate state and federal agencies, such as the U.S. Army Corps
of Engineers, the Virginia Department of Environmental Quality, and the
Virginia Marine Resources Commission; and
e. Approval from the city prior to construction.
(4) Is a new use established pursuant to subsection 11 0-84( d)(2).
This ordinance shall become effective as provided by law.
Planning Commission Public Hearing: July 9,2007
City Council Public Hearing: July 24, 2007
ADOPTED: July 24, 2007
c?\~tL
ayor
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Attest:
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The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthorne Aye
Councilmember Winter Aye