Vesting Changes as RPA Maps Change

The policy adopted in 2003 will remain in force and continue to apply to the RPAs created in 2003. The new policy will only apply to the RPAs designated along newly identified perennial streams on the 2005 map. These areas are depicted on the 2005 maps as 2003 (Revised) RPAs with a different symbol than those used for the 1993 RPAs and 2003 RPAs so they should be easy to identify. The new policy is essentially the same as the old policy but with different effective dates. However, two changes were made to the existing provisions in addition to revising the dates:

1. When the 2003 amendments became effective, there were instances when a nonbonded lot grading plan had been approved prior to the effective date but its associated Building Permit had not been approved. Although it only happened rarely, the 6 month due diligence would expire for the Building Permit application setting up a situation where there was an inherent conflict between what the two sections of the policy were saying. The policy indicated in one section that the Building Permit could not be approved without going through the exception process because the due diligence had expired and in another section that construction could proceed for the approved grading plan as long as the plan remained valid. Staff has developed a solution for this problem. In the new policy, the approved nonbonded lot grading plans have been broken out from the other types of approved construction plans and subject to the same 6 month due diligence standard applied to the associated Building Permit applications to eliminate the inconsistency between the two sections.
   
   
2. The second change is to the section on approved RPA delineations. Because RPA plans are studies and do not show proposed construction, the section has been rewritten (per Chesapeake Bay Local Assistance Department (CBLAD) guidance) to provide consideration under the policy directly to the associated plans and Building Permit(s) and not to the RPA plan. Also, RZs, SEs, or SPs are not included in the list of associated plans covered by this section. Approved RZs, SEs, and SPs are adequately covered elsewhere in the policy. Pending RZs, SEs, and SPs will be handled by an exception granted by the Board or by the Exception Review Committee (for certain SPs under the preview of the BZA) concurrent with approval of the RZ, SE, or SP rather than through a general policy administered by the Director, as it is problematic for the Director to be in the position of administering a Board policy for an active zoning case.