Sec. 4-901

Other

• Additional application information required

  In addition to the application requirements and procedures established in section 1-501 of this ordinance, no application for a conditional use permit shall be considered until the information listed below is provided: a copy of application to VDH; written documentation from VDH that all other methods have been investigated; documentation supporting conformance with criteria; tax map number and names of property owners 1,000 feet downstream.

• Formal application to VDH required

  Formal application shall be made to the Virginia Department of Health (VDH) in accordance with Section 2.12 of the VDH regulations. No application to Surry County will be accepted until a formal application has been submitted to and received by VDH.

• Comply with VDH and DEQ regulations

  All proposed alternative discharging sewage systems shall comply with the regulations and requirements of the Virginia Department of Environmental Quality, Division of Water and the Virginia Department of Health (VDH) pursuant to Code of Virginia, § 62.1-44.2 et seq. and Code of Virginia, §§ 32.1-163 and 32.1-164, respectively, as may be amended.

• Criteria for consideration

  A conditional use permit request shall only be considered when the following criteria is met: a. The residence is located more than 300 feet from an existing or proposed public sewer line, or when 300 feet or less, is otherwise unable to connect to public sewer due to topography or other physical constraint, as determined by the utility operator; and, b. The proposed alternative discharging sewage system is solely for replacing a failed septic system or other approved method of sewage disposal for a property which contains a single-family residence constructed prior to the effective date of this ordinance.

• Discharge point limited to year-round stream

  In Surry County the location of the discharge point shall be limited to a year-round stream as defined in Section 3.2 of the VDH regulations, except as allowed in item C.5. below.

• Intermittent stream or dry ditch may be permitted under conditions

  Use of an intermittent stream or dry ditch as the discharge point may be permitted by the board of supervisors under the following conditions: a. included as specific condition; b. specific conditions attached; c. none less restrictive than VDH requirements.

• Notice to downstream property owners

  All property owners located 1,000 feet downstream from the discharge point along the fall line shall be notified by first class mail at least ten days prior to any public hearing.

• CUP runs concurrently with VDH operating permit

  Any conditional use permit approved by Surry County shall run concurrently with the operating permit approved by VDH. Upon expiration or revocation of the operating permit, the conditional use permit shall also expire or be revoked. No conditional use permit shall be valid for a period greater than five years.

• Notice recorded with circuit court

  Prior to issuance of an operating permit by VDH, a notice shall be recorded with the clerk of the circuit court advising future purchasers of the legal obligations associated with the method of sewage disposal located on the property.

• Renewal considered as new request

  Requests to renew a permit of an existing system shall be considered as though it were a separate and new request for a conditional use permit and shall meet all of the requirements of this ordinance.

• Requires conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. permit

  The following provisions are intended to permit by conditional use permit the replacement of a failed septic system or other approved method of sewage disposal on property which contains a single family residence constructed prior to the date of this ordinance and where no other alternative for sewage disposal exists.

• VDH varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. not binding on board

  Any variance or waiver approved by VDH shall not automatically be binding on the board of supervisors in considering or approving a conditional use permit.

• Violation of VDH regulations is violation of CUP

  Any violation of the VDH regulations for the construction, operation and maintenance of an alternative discharging sewage system shall be considered a violation of any conditional use permit approved under this ordinance.