Loading...
HomeMy Public PortalAbout2007_11_27_O021 Amending the TC Chapter 21 Stormwater Management The Town of Leesburg, Virginia PRESENTED: November 27. 2007 ORDINANCE 2007-0-21 ADOPTED: November 27.2007 AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. The Town Council of the Town of Leesburg, Virginia, and ordains: SECTION I. That Chapter 21 (Stormwater Management) is hereby added to the Town Code of the Town of Leesburg, Virginia, 1976, as amended, be and the same is hereby amended to read as follow: Sec. 21-1 Sec. 21-2 Sec. 21-3 Sec. 21-4 Sec. 21-5 (a) (b) (c) (d) Sec. 21-6 CHAPTER 21 Stormwater Management Purpose and Findings Authority Administration Definitions Program Components Illicit Discharge Detection and Elimination Construction Site Stormwater Control Post-Construction Stormwater Control Stormwater Management System Maintenance Violations Sec. 21-1 Purpose and Findings The health, safety, and welfare of the residents of the Town of Leesburg depends on the design, development, improvement, operation, maintenance, and oversight of a program to effectively manage stormwater (quantity and quality) as well as illicit discharge to include but not be limited to the prevention of flood events, degradation of the Town's waterways, and erosion of the -2- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. Town's lands. Therefore, to protect the health, safety, and welfare of residents, the Town Council has adopted the following stormwater quantity and quality management and erosion and sediment control program. Sec. 21-2 Authority This Chapter is issued under the authority of the Virginia Stormwater Management Act (910.1- 603.2 Code of Virginia et seq) and the Virginia Stormwater Management Program (VSMP) Permit Regulations (4V AC50-60 et seq); and, the Virginia Erosion and Sediment Control Act (SI0.1-561 et seq) and Regulations (4V AC50-30 et seq). Sec. 21-3 Administration The Director of Engineering and Public Works, hereby referred to as the Director, is charged with responsibility for the administration of this Chapter. The Director may, at his/her discretion, delegate authority to implement this Chapter. Sec. 21-4 (a) (b) (c) (d) (e) (t) Definitions "Best Management Practice," or BMP, means a practice, or combination of practices, that is determined by the Director to be the most effective, practicable means of preventing or reducing nonpoint source pollution. "Conservation Plan" means a document containing materials for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan will contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives. "DCSM" means the most recent edition of the Town of Leesburg Design and Construction Standards Manual. "Director" means the Director of Engineering and Public Works, or his/her designee, except where the context clearly indicates otherwise. "Discharge" means to dispose, deposit, spill, pour, inject, dump, leak, or place by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, leaked, or placed by any means. "Erosion Impact Area" means an area of land not associated with current land- disturbing activity but subject to persistent soil erosion resulting in the delivery of -3- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. sediment onto neighboring properties or into waters of the Commonwealth of Virginia. This definition does not apply to any lot or parcel of land 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from natural processes. (g) "Highly Erodible Soil" means a soil (excluding vegetation) with an erodibility index from sheet and rill erosion equal to or greater than eight. The erodibility index for any soil is defined as the product of the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface layer, R is the rainfall and runoff, LS is the combined effects of slope length and steepness, and T is the soil loss tolerance. (h) "Illicit Discharge" means any discharge to the stormwater management system that is not composed entirely of stormwater, except discharges pursuant to either a VPDES permit or discharges resulting from firefighting activities. This definition shall not include discharges listed in Sec. 21-5(a)(3) unless the Town identifies such discharges as sources of pollutants to waters of the Commonwealth of Virginia. (i) "Impervious Surface Area" means a surface that is compacted or covered with material that is resistant to infiltration by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, parking areas, and other similar structures. Compacted gravel surfaces shall be considered impervious unless demonstrated to the contrary. G) "Industrial Waste" means liquid or other wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resources. (k) "Intermittent Stream" means a well defined natural or engineered channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream may lack some or all of the biological and hydrological characteristics commonly associated with the conveyance of water. The width of the intermittent stream extends from top-of- bank to top-of-bank of the channel. Acceptable methodologies for establishing the presence of intermittent flow are described in the DCSM. (1) "Low Impact Development," or LID, means a design strategy with the goal of maintaining or replicating the pre-development hydrologic regime through the use of design techniques to create a functionally equivalent hydrologic site design. Hydrologic functions that may be considered include storage volume, infiltration and ground water recharge through the use of integrated and distributed micro- -4- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. scale stormwater retention and detention areas where the volume and frequency of discharges can be maintained through the reduction of impervious surfaces and/or the lengthening of runoff flow paths and flow time. Other strategies include the preservation of environmentally sensitive site features such as riparian buffers, wetlands, steep slopes, valuable (mature) trees, flood plains, woodlands, and highly permeable soils. (m) "Municipal Separate Storm Sewer," or MS4, means the conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) owned or operated by the Commonwealth of Virginia, the Town of Leesburg, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity; (ii) designed or used for collecting or conveying storm water; (iii) which is not a combined sewer; and (iv) which is not part of a publicly owned treatment works. (n) "Nonpoint Source Pollution" means pollution whose sources cannot be pinpointed but rather is washed from the land surface in a diffuse manner by storm water runoff. (0) "Natural Channel" means a nontidal waterway that is part of the natural topography and is generally characterized as being irregular in cross section with a meandering course. A natural channel does not include an engineered drainage swale or drainage ditch. (P) "Perennial Stream" means a body of water that flows in a natural or engineered channel year around during a year of normal precipitation. Lakes and ponds, through which a perennial stream flows, are part of the perennial stream. Generally, the water table is located above the streambed for most of the year and groundwater is the primary source for stream flow. The width of the perennial stream extends from top-of-bank to top-of-bank of the channel or to the limits of the normal water level for a pond or lake when there is no definable top-of-bank. Acceptable methodologies for establishing the presence of perennial flow shall be provided by the Director. (q) "Person" means any individual, firm, corporation, partnership, association, organization, or other entity, including governmental entities, or any combination thereof. (r) "Point Source Pollution" means pollution of State waters resulting from any discernible, defined or discrete conveyances. -5- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW ATER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. (s) "Pollution" shall be defined by Code of Virginia ~62.1-44.3. (t) "Pre-development" means the land use that exists at the time that plans for development are submitted to the Town. Where phased development or plan approval occurs, the land use at the time the first item is submitted shall establish pre-development conditions. (u) "Post-development" means the land use that reasonably may be expected or anticipated to exist after completion of the development activity on a specific site or tract of land. (v) "Stormwater" means runoff from rain, snow, or other forms of precipitation and surface runoff and drainage. (w) "Stormwater Maintenance Agreement" means an agreement between a private property owner and the Town that establishes the responsibilities for maintenance of stormwater management infrastructure. (x) "Stormwater Management System" means the series of structural and non- structural stormwater infrastructure established to manage the quantity and or quality of stormwater runoff. The stormwater management system includes, but is not limited to, storm drains, catch-basins, inlets, pipes, open channels and ditches, facilities designed to control stormwater volume and velocity, and various BMPs designed to reduce stormwater pollution. (y) "Stormwater Pollution Prevention Plan," or SWPPP, means a plan consisting of steps and activities designed to identify potential sources of storm water pollution or contamination and the establishment of practices that will prevent or reduce pollutants in stormwater runoff. (z) "Water Quality Volume," or WQV means the volume equal to the first 0.5 inch of runoff multiplied by the total impervious area of the tax map parcel. Sec. 21-5 Program Components The Town of Leesburg stormwater quantity and quality management and erosion and sediment control program shall consist of the following elements: (a) Illicit Discharge Detection and Elimination; (b) Construction Site Stormwater Control; (c) Post-Construction Stormwater Control; and, (d) Stormwater Management System Maintenance. It shall be unlawful to cause a stormwater discharge from a municipal separate storm sewer or a land disturbing activity without a permit from a permit issuing authority unless such discharge is explicitly allowed without a permit under the provisions of this Chapter. (a) Illicit Discharge Detection and Elimination -6- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. (1) Discharges to the Stormwater Management System. It is the intent of the Town to prohibit the entry of any substance other than stormwater, whether liquid or solid, into the stormwater management system. For illustrative purposes, prohibited substances include, but are not limited to: waste, trash, and garbage; food and kitchen waste; leakage from dumpsters or trash containers; gasoline, waste oil, lubricants, grease, antifreeze, or any other automotive, motor, or equipment fluids; fertilizers, grass clippings, mulch, and any yard waste; any chemical or solvent; soluble and non-soluble metals; wash water, detergents, and cleaning agents; paints; plastics; soot, ash, and sludge; animal waste; eroded soils and sediment; carcasses; chlorinated swimming pool water; and, any material that impedes or interferes with the free flow of stormwater. (2) It shall be unlawful to: (i) Cause or allow illicit discharges, as defined in Sec. 21-4(g), to the Town's stormwater management system; (ii) Discharge materials other than stormwater to the stormwater management system by spills, dumping, or disposal without a VSMP permit; (iii) Cause or allow industrial waste to be discharged into the stormwater management system without a VSMP permit; (iv) Cause a connection to the stormwater conveyance system that will or has the potential to allow for an illicit discharge to enter the system; or, (v) Violate any condition or provision of this Chapter or any permit granted for stormwater discharges. (3) The following activities shall not be unlawful as illicit discharges subject to the provisions in subsection (4) below: (i) Water line flushing; (ii) Landscape irrigation; (iii) Diverting stream flows or raising groundwater; -7- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. (iv) Infiltration of uncontaminated groundwater; (v) Pumping uncontaminated groundwater from potable water sources, foundation drains, irrigation waters, springs or water from crawl spaces or footing drains; (vi) Flows from riparian habitats and wetlands; (vii) Air conditioning condensate; (viii) Lawn watering; (ix) Individual car washing on residential properties; (x) De-chlorinated swimming pool discharges; (xi) Lawn fertilizer provided it is applied in accordance with the manufacturer's recommendations. (xii) Street washing; and, (xiii) Discharges or flows from fire fighting activities. (4) If any of the activities listed in subsection (3) above are found by the Director to be a source of pollutants to the waters of the Commonwealth of Virginia, the Director shall serve written notice to the person performing such activities and shall order that such activities be stopped or conducted in such manner as to avoid the discharge of pollutants. The notice shall state the date by which the activity shall cease or be conducted without pollution. Failure to comply with any such order within the time stated in the notice shall constitute a violation of this Chapter. (5) Inspections and Sampling. (i) The Director shall have authority to enter onto public and private property to carry out all inspections, surveillance, and sampling procedures necessary to determine compliance and noncompliance with the conditions of the Town's VSMP permit and this Chapter, including the prohibition of illicit discharges to the stormwater management system. The Director may sample stormwater outfalls or other components of the storm water management system as may be appropriate in the administration and enforcement of this Chapter. -8- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. (ii) If an illicit discharge as defined herein is detected, it shall be a violation of this Chapter and the owner shall be notified in writing of the actions that must be taken to correct deficiencies along with a specific time for taking corrective action. If the corrective action is not performed within the specified time, the Town may perform the necessary corrections and bill the property owner. If the owner fails to reimburse the Town within thirty (30) days, the Town shall have a lien against the property in the amount of such costs, plus interest at the legal rate, and may enforce same in the same manner as a lien for real property taxes may be enforced. Any relief obtained under this section shall not prevent the Town from seeking other and further relief authorized under the provisions of Section 21-7. (iii) The Director is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the Director, the Town, or its designated contractor, is authorized to enter onto private property and take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the Town shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the Town from seeking other and further relief authorized under the provisions of Section 21-7. (iv) If deemed necessary to prevent future occurrences of illicit discharges, the Director shall have the authority to require a stormwater pollution prevention plan, as set forth in the DCSM, from any person whose discharge causes, or may cause, a violation ofthis Chapter. (6) Erosion Impact Areas and Environmentally Sensitive Areas. (i) The Town Council may designate portions ofthe Town as erosion impact areas after conducting an investigation and a public hearing. The designated area may consist of a single parcel, or multiple parcels, and may include parcels where there is no active erosion, but where sheet flow from the parcel causes or significantly contributes to erosion on adjacent parcels. -9- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. (ii) The Director may require the development of a conservation plan for any portion of the Town designated as an erosion impact area. (iii) Areas of the Town consisting of slopes greater than 25% or consisting of highly erodible soils shall be designated as environmentally sensitive areas. (iv) When a parcel in an erosion impact area or an environmentally sensitive area is subject to the construction site stormwater runoff controls of Sec. 21-5(b) or the post-construction stormwater runoff controls of Sec. 21-5(c), the Director may, as a condition of approval, require the development and implementation of a conservation plan. (b) Construction Site Stormwater Control (1) Minimum Requirements. Any proposed disturbance of the natural terrain of any subdivision or development where the disturbed area is greater than 500 square feet or includes the removal or addition of soil in excess of 12 inches in depth shall comply with the Town's DCSM and Land Subdivision Ordinance. (2) Erosion and Sediment Control Plan. (i) All proposed land disturbance shall be subject to the following construction site stormwater control requirements prior to any clearing of the site or issuance of any building, land use, or land development permit: (a) An erosion and sediment control plan approved by the Director and for disturbances over 500 square feet. In addition to Director Approval, for all disturbances 10,000 square feet or greater, a grading / land disturbance permit is required to be obtained from the Loudoun County Department of Building and Development. (b) Documentation that any and all necessary permits and plans have been obtained including but not limited to permits required to meet the Virginia Pollution Discharge Elimination System Permit Regulations, wetlands permits, -10- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. Loudoun County grading permits as well as FEMA Conditional Letters of Map Revision. (ii) The erosion and sediment control plan shall be of sufficient detail to demonstrate, to the satisfaction of the Director, compliance with the provisions of DCSM and the Virginia Erosion and Sediment Control Handbook, which ever is more restrictive. (c) Post-Construction Stormwater Control (I) Minimum Requirements. All development, redevelopment, and uses within the Town shall comply with the DCSM and the Virginia Storm Water Management Handbook, which ever is more restrictive. (2) StormwaterManagement Plan. (i) Any development, redevelopment, or use subject to the post- construction stormwater control requirements contained here within shall be subject to a stormwater management plan being approved by the Director prior to any clearing of the site or issuance of any building, land use, or land development permit. (ii) The stormwater management plan shall be of sufficient detail to demonstrate, to the satisfaction of the Director, compliance with the provisions of the DCSM and the Virginia Storm Water Management Handbook, which ever is more restrictive. (iii) The stormwater management plan shall include a copy of any and all permits and plans, including any individual or general permit for stormwater discharges associated with industrial activity, required to meet the Virginia Stormwater Management Program Permit Regulation set forth in 4V AC 50-60-1170 et seq. (d) Stormwater Management System Maintenance (1) Minimum Maintenance Requirements. The owner of any component of the stormwater management system shall provide adequate maintenance to ensure that the system functions as designed. The following requirements apply to all existing and future facilities constructed in the Town. (i) The owner shall enter into a maintenance agreement with the Town that outlines facility-specific maintenance requirements. -11- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. Maintenance agreement forms shall be prepared in a format acceptable to the Director and the Town Attorney. (ii) On completion of construction and Town approval of a new BMP or system of BMPs, the owner shall enter into a two year performance for maintenance bond with the Town in an amount approved by the Director as being equivalent to two years of routine maintenance of the facility. Performance for maintenance bond forms shall be provided by the Director. The performance for maintenance bond shall be released only after an inspection by the Director determines that the facility has been maintained and functions as designed. (iii) The owner shall prepare and submit an annual certification of maintenance to the Town. (a) Certification shall be made by a Registered Engineer or Licensed Surveyor (qualified to perform such routine inspections) using a certification of maintenance form provided by the Director. (b) Such certification shall state the general condition of the facility and also state whether the infrastructure is functioning properly as originally designed. (c) If the facility is not functioning as designed, a plan for proposed remedial actions and a time-line for completion shall be noted in the certification report. The plan and time-line for completion are subject to the approval of the Director. Ifthe Director determines that the proposed plan and times-line for completion is insufficient to protect the public health, safety, and welfare, the owner of the facility must either submit a new plan and time-line, or alternatively, the Director may take action in accordance with Sec. 21-5(d)(2). Once remedial actions have been completed, the owner shall submit a new certification in accordance with (a) and (b) above. (2) Inspections and Access. The owner shall provide the Town with access to the facility to perform quality assurance and performance inspections. Failure to provide access shall be considered a violation of this Chapter -12- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW ATER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. Sec. 21-6 (a) under Sec. 21-7. If inadequate maintenance is observed by the Town, the owner shall be notified in writing of the actions that must be taken to correct deficiencies along with a specific time for taking corrective action. If the corrective action is not performed within the specified time, the Town may perform the necessary corrections and bill the property owner. If the owner fails to reimburse the Town within thirty (30) days, the Town shall have a lien against the property in the amount of such costs, plus interest at the legal rate, and may enforce same in the same manner as a lien for real property taxes may be enforced. In addition to performing required maintenance, sanctions may be imposed as provided in Sec. 21-7. (3) Stormwater Pollution Prevention Plans. The owner shall, on an annual basis, provide the Town with proof of compliance with any stormwater pollution prevention plan developed to comply with the Virginia Pollutant Discharge Elimination System Permit Regulation set forth in 9V AC 25-31 et seq or Section 5-100 et seq of the DCSM. (4) Applicable facilities. The Director shall have the ability to enforce the maintenance requirements noted herein for all stormwater systems within the Town's corporate limits to include proposed facilities as well existing facilities. Violations Criminal Penalty. (1) Violation of the provisions of this Chapter shall constitute a misdemeanor. Each day that a continuing violation of this ordinance is maintained or permitted to remain shall constitute a separate offense. Violators shall be subject to a fine not exceeding $1,000 or up to 30 days imprisonment for each violation, or both. (2) If the penalties noted herein should ever contradict with future penalties implemented by the Virginia Soil and Water Conservation Board, the penalties defined by the Virginia Soil and Water Conservation Board shall govern and supersede those noted herein. (b) Civil Penalty. (1) Any person who, intentionally or otherwise, commits any of the acts prohibited by Sec. 21-5(a) shall be liable to the Town for all costs of -13- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. testing, containment, cleanup, abatement, removal, and disposal of any substance unlawfully discharged into the stormwater management system. (2) Without limiting the remedies that may be obtained under this section, the Town may bring a civil action against any person for violation of this Chapter. The action may seek the imposition of a civil penalty of not more than $2,000 against the person for each violation. (3) The Town may petition the Circuit Court to enjoin a violation or a threatened violation of this Chapter without the necessity of showing that an adequate remedy at law does not exist. (4) In lieu of Sec. 21-7(b)(2), with the consent of any person who has violated or failed, neglected or refused to obey the provisions of this ordinance, the Town may provide, in an order issued by the Director against such person, for the payment of civil charges for violations, in specific sums, not to exceed the limit specified in Sec. 21-7(b)(2). Such civil charges shall be in lieu of any appropriate civil penalty, which could be imposed under Sec. 21-7(b)(2). (5) The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action that one or more of the remedies set forth in this section has been sought or granted. (6) Civil penalties imposed as a result of this section shall be paid into the Town's General Fund, except that where the violator is the Town itself or its agent, the civil charges shall be paid into the treasury of the Commonwealth of Virginia. (7) If the penalties noted herein should ever contradict with future penalties implemented by the Virginia Soil and Water Conservation Board, the penalties defined by the Virginia Soil and Water Conservation Board shall govern and supersede those noted herein. SECTION II. This Ordinance shall become effective upon the date and at the time of its final passage. SECTION III. If any provision of this Ordinance is declared invalid, the decision shall not affect the validity of the Ordinance as a whole or any remaining provisions of the Ordinance. -14- AN ORDINANCE: TO ADD A NEW CHAPTER 21 (STORMW A TER MANAGEMENT) TO THE CODE OF THE TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED. PASSED this 27th day of November 2007. n C. stattd, Mayor Town of Leesburg ATTEST: R07: Town Code Chapter 21 - Stonnwater Management