§ 157.163 EXEMPTIONS AND EXCEPTIONS.
   (A)   Exemptions for linear utilities.
      (1)   Construction, installation, operation, and maintenance of electric, natural gas, fiber optic, telephone transmission lines, underground telecommunications and cable television lines, railroads, public roads, pedestrian and bike paths, and their appurtenant structures shall be exempt from compliance with this subchapter so long as they comply with Erosion and Sediment Control Law, the Storm Water Management (SWM) Act of the Code of Virginia and the Prince William County Design and Construction Standards Manual. The exemption of public roads is further conditioned on the road alignment and design being such as to minimize encroachment into the RPA and adverse effects on water quality.
      (2)   Construction, installation, and maintenance of water and sewer lines owned by a regional service authority shall be exempt from the compliance with this subchapter if the provisions of the following divisions (a) through (d) are met. The applicant shall submit proof of all required compliance to the Zoning Administrator, who shall process the application as provided in this section.
         (a)   To the degree possible, the location of such utilities and facilities should be outside resource protection areas;
         (b)   No more land shall be disturbed than is necessary to provide for the necessary utility installation;
         (c)   All construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal requirements and permits and designed and conducted in a manner that protects water quality;
         (d)   Any land disturbance exceeding an area of 2,500 square feet shall comply with all erosion and sediment control requirements of the Design and Construction Standards Manual.
   (B)   Exceptions.
      (1)   Exceptions to the requirements of this subchapter may be granted only as permitted by section 740.06 of the Prince William County Design and Construction Standards Manual. Exceptions for encroachment into the RPA will be processed in accordance with section 700 of the Prince William County Design and Construction Standards Manual either as administrative exceptions or as public hearing exceptions.
      (2)   When a public hearing is required by section 700 of the Prince William County Design and Construction Standards Manual, the Town Planning Commission shall conduct a public hearing to review a request for an exception for encroachment into the RPA and the associated water quality impact assessment study. The Planning Commission may grant the exception with such conditions and safeguards as stated in section 700 of the Prince William County Design and Construction Standards Manual.
(1998 Code, § 66-204) (Ord. passed 9-5-2017; Ord. O-2022-01, passed 4-5-2022)