HomeMy Public PortalAbout2014_05_13_O014 Town Code Amendments for Stormwater The Town of
Leesburg,
Virginia PRESENTED: May 13, 2014
ORDINANCE NO: 2014-0-014 ADOPTED: May 13, 2014.
AN ORDNANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT),ARTICLE II
(STORMWATER MANAGEMENT), SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF CODE OF THE
TOWN OF LEESBURG IN VIRGINIA
The Town Council of the Town of Leesburg,Virginia, ordains:
SECTION I. That Part II, Chapter 14 (Environment)Article II (Stormwater
Management) Section 14-19 (Definitions), Section 14-21 (Authority), Section 14-23 (Program
Components), Section 14-24 (Violations), Section 14-25 (Hearings), and Section 14-26
(Appeals) of the Town Code of Leesburg,Virginia, July 01, 2009, as amended, be and the same
hereby is amended to read as follows:
ARTICLE II. - STORMWATER MANAGEMENT (12]
(12)State Law reference—Location regulation of stormwater, Code of Virginia, §§62.1-44.15:27, 62.1-
44.15:33.
Sec. 14-19.-Definitions.
Sec. 14-20.-Purpose and findings.
Sec. 14-21.-Authority.
Sec. 14-22.-Administration.
Sec. 14-23.-Program components.
Sec. 14-24.-Violations.
Sec. 14-25.–Hearings
Sec. 14-26.–Appeals
Sec. 14-19. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Agreement in lieu of a stormwater management plan means a contract between the
town and the owner or permittee that specifies methods that shall be implemented to
comply with the requirements of section 14-23(q) for the construction of a single-family
residence separately built. Such contract may be executed by the town in lieu of the
stormwater manaqement plan in section 14-23(g)(2) and shall be considered a
stormwater management plan for the purposes of implementing and enforcing this
article.
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS),AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
Applicant means any person requesting approval for a land-disturbing activity that is
subject to the provisions of this article.
Best management practice or BMP •• - - - - - - - '-=, e - - - _ _ _ _ '__-,
means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices, including both
structural and nonstructural practices, to prevent or reduce the pollution of surface
waters and groundwater systems from the impacts of land-disturbing activities.
Common plan of development or sale means a contiguous area where separate and
distinct construction activities may be taking place at different times on difference
schedules.
Control measure means any best management practice or stormwater facility, or other
method used to minimize the discharge of pollutants to state waters.
Clean Water Act or CWA means the federal Clean Water Act (33 U.S.0 §1251 et sea.),
formerly referred to as the Federal Water Pollution Control Act or Federal Water
Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public
Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any
subsequent revisions thereto.
DCSM means the most recent edition of the town's design and construction standards
manual.
Department or DEQ means the Virginia Department of Environmental Quality.
Development means land-disturbance and the resulting landform associated with the
construction of residential, commercial, industrial, institutional, recreation, transportation
or utility facilities or structures or the clearing of land for non-agricultural or non-
silvicultural purposes.
Director means the director of plan review, or his designee, except where the context
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
clearly indicates otherwise.
Discharge, when used without qualification, means the discharge of a pollutant.
Discharge of a pollutant means (1) any addition of any pollutant or combination o
pollutants to state waters from any point source; or, (2) any addition of any pollutant o
combination of pollutants to the waters of the contiguous zone or the ocean from an
point source other than a vessel or other floating craft which is being used as a mean-
of transportation. This definition includes additions of pollutants into surface water
from: surface water runoff that is collected or channeled by man; discharges throuq
pipes, sewers, or other conveyances owned by a state, municipality, or other perso
that do not lead to a treatment works; and, discharges through pipes, sewers, or othe
conveyances leading into privately owned treatment works. This term does not includ:
an addition of pollutants by any indirect discharger. e -•- - - - -, : - - - , - , - _ -
- , - - - - - _- -, - - • - - - - - - - _-, - _ - - - _-, - - _-
Environmental site design or LJDESD means a design strateg
with the goal of maintaining or replicating the predevelopment hydrologic regim=
through the use of design techniques to create a functionally equivalent hydrologic sit:
design. Hydrologic functions that may be considered include storage volume, infiltratio
and ground water recharge through the use of integrated and distributed micro-scal:
stormwater retention and detention areas where the volume and frequency o
discharges can be maintained through the reduction of impervious surfaces and/or th=
lengthening of runoff flow paths and flow time. Other strategies include the preservatio
of environmentally sensitive site features such as riparian buffers, wetlands, stee•
slopes, valuable (mature) trees, flood plains, woodlands, and highly permeable soils.
Erosion impact area means an area of land not associated with current land-disturbin•
activity but subject to persistent soil erosion resulting in the delivery of sediment ont•
neighboring properties or into waters of the state. The term "erosion impact area" doe
not mean and include any lot or parcel of land 10,000 square feet or less used fo
residential purposes or to shorelines where the erosion results from natural processes.
Erosion and sediment control plan means a document containing materials for the
conservation of soil and water resources of a unit or group of units of land. It ma
include appropriate maps, an appropriate soil and water plan inventory an
management information with needed interpretations, and a record of decision
contributing to conservation treatment. The plan shall contain all major conservatio
decisions and all information deemed necessary by the plan-approving authority to
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AN ORDNANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA,July 01, 2009, AS AMENDED,
assure that the entire unit or units of land will be so treated to achieve the conservation
obiectives.
General permit means the state permit titled GENERAL PERMIT FOR DISCHARGES
OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in 9VAC25-880-70
- - s I - - = = e = - - : •f the Virginia Stormwater Management Regulations
authorizing a category of discharges under the CWA and the Virginia Stormwater
Management Act within a geographical area of the Commonwealth of Virginia.
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.
Illicit discharge means any discharge to the management municipal
separate storm sewer system that is not composed entirely of stormwater, except
discharges pursuant toeithef a separate VPDES or state permit (other than the state
permit for discharges from the municipal separate storm sewer), of discharges resulting
from firefighting activities, and discharges identified by and in compliance with 9VAC25-
870-400.D.2.c(3). = _ •• •-• -•- - - _" - - _ - _- - - • - - 2 = - - -
Impervious surface area means a surface composed of material that significantly
impedes or prevents natural infiltration of water into the soil. Impervious surface area
includes • - - - - - - - - - -- - =- • . - - - • - --•- - • - - - •
g, but is 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.
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.
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
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009,AS AMENDED,
methodologies for establishing the presence of intermittent flow are described in the
DCSM.
Land disturbance or land-disturbing activity means a man-made change to the land
surface that potentially changes its runoff characteristics including clearing, grading, or
excavation except that the term shall not include those exemptions specified in section
14-23(e)(6) of this article.
Layout means a conceptual drawing sufficient to provide for the specified stormwater
management facilities required at the time of approval.
Minor modification means an amendment to an existing general permit before its
expiration not requiring extensive review and evaluation including, but not limited to,
changes in EPA promulgated test protocols, increasing monitoring frequency
requirements, changes in sampling locations, and changes to compliance dates within
the overall compliance schedules. A minor general permit modification or amendment
does not substantially alter general permit conditions, substantially increase or decrease
the amount of surface water impacts, increase the size of the operation, or reduce the
capacity of the facility to protect human health or the environment.
Municipal separate storm sewer or MS4 means a conveyance or system o
conveyances otherwise known as a municipal separate storm sewer system (MS4)
including = -- _ - -_ - - - _ • - -- _ - -_- - - - - roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or
storm drains):
(1) Owned or operated by the-a federal, state, citv,the town, county, district,
association, or other public body, created by or pursuant to state law, having
jurisdiction or delegated authority for erosion and sediment control and stormwater
management, or a designated and approved management agency under §208 of
the federal Clean Water Act that discharges to surface waters; ever disposal-of
similar entity;
,
(2) Designed or used for collecting or conveying stormwater;
(3) That which is not a combined sewer; and,
(4) That which-is not part of a publicly owned treatment works.
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
Natural channel or stream means a tidal or nontidal waterway-watercourse that is part of
the natural topography. It usually maintains a continuous or seasonal flow during the
year and is generally—characterized as being irregular in cross section with a
meandering course. A - - - - - - ! e - - - - - - = - = - • = - - - - - - = - - =
Gr-dfainage-ditslIConstructed channels such as drainage ditches or swales shall not be
considered natural channels or streams; however, channels designed utilizing natural
channel design concepts may be considered natural channels or streams.
Nonpoint source pollution means pollution whose sources such as sediment, nitrogen,
phosphorus, hydrocarbons, heavy metals, and toxics whose sources cannot be
pinpointed, but rather areis washed from the land surface in a diffuse manner by
stormwater runoff.
Operator means the owner or operator of any facility or activity subject to regulation
under this article.
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.
Permittee means the person to whom a state permit is issued, including any owner or
operator whose construction site is covered under a state construction general permit.
The term also includes a person subject to any grading, building, land disturbing, or
similar permit issued by the town.
Person means any individual, corporation, partnership, association, state, municipality.,
commission, or political subdivision of a state, governmental body, including federal,
state, or local entity as applicable, any interstate body or any other legal entity.
Point source peien-means _ _ - •- - - - - - = - =- - • - -- any discernible,
confined, and discrete conveyance including, but not limited to, any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel, or other floating craft from
which pollutants are or may be discharged. This term does not include return flow from
irrigated agriculture or agricultural stormwater runoff.
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS),AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA,July 01, 2009, AS AMENDED,
Pollution shall be defined by Code of Virginia, § 62.1-44.3.
Predevelopment 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 predevelopment
conditions.
Postdevelopment 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.
Regulations or VSMP regulations means the Virginia Stormwater Management Program
(VSMP) Regulations, 9VAC25-870, as amended.
Site means the land or water area where any facility or land-disturbing activity is
physically located or conducted, including adjacent land used or preserved in
connection with the facility or land-disturbing activity.
State means the Commonwealth of Virginia.
State permit means an approval to conduct a land-disturbing activity issued by the State
Water Control Board in the form of a state stormwater individual permit or coverage
issued under a state general permit or an approval issued by the State Water Control
Board for stormwater discharges from an MS4. Under these state permits, the
Commonwealth imposes and enforces requirements pursuant to the federal Clean
Water Act and requlations, the Virginia Stormwater Management Act, and the VSMP
regulations.
State waters means all water, on the surface and under the ground, wholly or partially,
within or bordering the state or within its jurisdiction, including wetlands.
State Water Control Law means Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1 of the
Code of Virginia.
Stormwater means - e - • - •, - - , - - - - - • - - - - -.e. - - - - - - - -=
precipitation that is discharged across the land surface or through
conveyances to one or more waterways and that may include stormwater runoff, snow
melt runoff, and surface runoff and drainage.
Stormwater maintenance agreement means an agreement between a private property
owner and the town that establishes the responsibilities for maintenance of stormwater
management infrastructure.
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS),AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
Stormwater management plan means a document(s) containing material describing
methods for complying with the requirements of section 14-23(q) of this article.
Stormwater management system means the series of structural and nonstructural
stormwater infrastructure established to manage the quantity and or quality o`
stormwater runoff. The stormwater management system includes, but is not limited to,
storm drains, catchbasins, inlets, pipes, open channels and ditches, facilities designed
to control stormwater volume and velocity, and various BMPs designed to reduce
stormwater pollution.
Stormwater pollution prevention plan or SWPPP means a document that is prepared in
accordance with good engineering practices and that identifies potential sources of
pollutants that may reasonably be expected to affect the quality of stormwater
discharges from the construction site, and otherwise meets the requirements of this
article. In addition the document shall identify and require the implementation of control
measures, and shall include, but not be limited to the inclusion of, or the incorporation
by reference of, an approved erosion and sediment control plan, an approved
stormwater management plan, and a pollution prevention plan.
Subdivision means the same as defined in section 7.01 of the Subdivision and Land
Development Regulations.
Total Maximum Daily Load or TMDL means the sum of the individual wasteload
allocations for point sources, load allocations for nonpoint sources, natural background
loading and a margin of safety. TMDLs can be expressed in terms of either mass per
time, toxicity, or other appropriate measure. The TMDL process provides for point
versus nonpoint source trade-offs.
Virginia Erosion and Sediment Control Law means Article 2.4 (§62.1-44.15:51 et seq.)
of Chapter 3.1 of Title 62.1 of the Code of Virginia.
Virginia Stormwater Management Act means Article 2.3 ($62.1-44.15:24 et seq.) of
Chapter 3.1 of Title 62.1 of the Code of Virginia.
Virginia Stormwater BMP Clearinghouse website means a website that contains
detailed design standards and specifications for control measures that may be used in
Virginia to comply with the requirements of the Virginia Stormwater Management Act
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
and associated regulations.
Virginia Stormwater Management Program or VSMP means a program approved by the
State Water Control Board after September 13, 2011, that has been established by a
locality to manage the quality and quantity of runoff resulting from land-disturbinq
activities and includes such items as ordinances, rules, permit requirements, annual
standards and specifications, policies and guidelines, technical materials, and
requirements for plan review, inspection, enforcement, and evaluation consistent with
the requirements of the Virginia Stormwater Management Act and associates
regulations.
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.
(Ord. No. 2007-0-21, § 1(21-4), 11-27-2007)
Sec. 14-20. - Purpose and findings.
The health, safety, and welfare of the residents of the town 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 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.
(Ord. No. 2007-0-21, § 1(21-1), 11-27-2007)
Sec. 14-21. - Authority.
This article is issued as required by Code of Virginia 462.1-44.15:27 and under the
general authority of the State Water Control Law, the Virginia Stormwater Management
Act, the Virginia Erosion and Sediment Control Law, and their attendant regulations;
Code of Virginia, tit. 10.1, ch.6, art.1.1 (Code of Virginia, Section 10.1 603.2 et. seq.)
60 et. seq.); and, the Code of Virginia, tit. 10.1, ch. 5, art. 4 (Code of Virginia, Section
I. -_ $ - -- -• - - - - - - - • ' - - ' - ' - - =
(Ord. No. 2007-0-21, § 1(21-2), 11-27-2007)
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
Sec. 14-22. -Administration.
The director of plan review, hereby referred to as the director, is charged wit
responsibility for the administration of this article. The director may, at his discretion
delegate authority to implement this article.
(Ord. No. 2007-0-21, § 1(21-4), 11-27-2007)
Sec. 14-23. - Program components.
(a) Elements. The town stormwater quantity and quality management and erosion an•
sediment control program shall consist of the following elements:
(1) Illicit discharge detection and elimination;
(2) VSMP compliance;
(23) Construction site stormwater control;
(34) Postconstruction stormwater control; and
(45) Stormwater management system maintenance.
It shall be unlawful to cause a stormwater discharge from a municipal separat=
storm sewer or a land-disturbing activity without a permit from a permit issuin•
authority, unless such discharge is explicitly allowed without a permit under the
provisions of this article.
(b) Illicit discharge detection and elimination. The following shall be the illicit discharg=
and detection and elimination requirements:
(1) Discharges to the stormwater management system. It is the intent of the tow
to prohibit the entry of any substance other than stormwater, whether liquid or solid
into the stormwater management system. For illustrative purposes, prohibite•
substances include, but are not limited to: waste, trash, and garbage; food an•
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 o
interferes with the free flow of stormwater.
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS),AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA,July 01, 2009, AS AMENDED,
(2) Unlawful. It shall be unlawful to:
a. Cause or allow illicit discharges to the town's stormwater management
system;
b. Discharge materials other than stormwater to the stomiwater
management system by spills, dumping, or disposal without a VSMP permit;
c. Cause or allow industrial waste to be discharged into the stormwater
management system without a VSMP permit;
d. 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
e. Violate any condition or provision of this article or any permit granted for
stormwater discharges.
(c) Not unlawful illisifdischarge. The following activities shall not be unlawful as illicit
discharges subject to the provisions in subsection (d) of this section:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverting stream flows or faicingrising groundwater;
(4) filtration-of uUncontaminated groundwater infiltration;
(5) Uncontaminated pumped groundwater;
(6) Discharges from potable water sources;
(7) Foundation drains;
(78)Air conditioning condensate;
(89) L wateringlrrigation water;
(10) Springs;
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS),AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
(11) Water from crawl space pumps;
(12) Footing drains;
(13) Lawn watering;
(814) Individual residential car washing ;
(15) Flows from riparian habitats and wetlands;
(4016) Dechlorinated swimming pool discharges;
reGegtMeRelatienei
(4217) Street washing; and
(4218) Discharges or flows from firefighting activities.
(d) Written notice. If any of the activities listed in subsection (c) of this section are
found by the director to be a source of pollutants to the waters of the state, 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 article.
(1) Inspections and sampling. The following shall be the procedure for inspection
and sampling:
a. 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 article, including the prohibition of illicit discharges to
the stormwater management system. The director may sample stormwater
outfalls or other components of the stormwater management system as may
be appropriate in the administration and enforcement of this article.
b. If an illicit discharge as defined herein is detected, it shall be a violation of
this article 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
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AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
town may perform the necessary corrections and bill the property owner. If th
owner fails to reimburse the town within 30 days, the town shall have a lie
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 taxe-
may be enforced. Any relief obtained under this section shall not prevent the
town from seeking other and further relief authorized under the provisions o
section 14-24
c. The director is authorized to require immediate abatement of any violatio
of this article that constitutes an immediate threat to the health, safety or well
being of the public. If any such violation is not abated immediately as directe•
by the director, the town, or its designated contractor, is authorized to ente
onto private property and take any and all measures required to remediate the
violation. Any expense related to such remediation undertaken by the tow
shall be fully reimbursed by the property owner and/or responsible party. An
relief obtained under this section shall not prevent the town from seeking othe
and further relief authorized under the provisions of section 14-24
d. If deemed necessary to prevent future occurrences of illicit discharges
the director shall have the authority to require a stormwater pollutio
prevention plan, as set forth in the DCSM, from any person whose discharg
causes, or may cause, a violation of this article.
(2) Erosion impact areas and environmentally sensitive areas. The following shal
be the provisions to determine erosion impact areas and environmentally sensitive
areas:
a. The town council may designate portions of the town as erosion impac
areas after conducting an investigation and a public hearing. The designate•
area may consist of a single parcel, or multiple parcels, and may includ:
parcels where there is no active erosion, but where sheet flow from the parce
causes or significantly contributes to erosion on adjacent parcels.
b. The director may require the development of an erosio
and sediment control plan for any portion of the town designated as an erosio
impact area.
c. Areas of the town consisting of slopes greater than 25 percent o
consisting of highly erodible soils shall be designated as environmentall
sensitive areas.
-14-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS),AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA,July 01, 2009, AS AMENDED,
d. When a parcel in an erosion impact area or an environmentally sensitive
area is subject to the construction site stormwater runoff controls of subsection
(efl of this section or the postconstruction stormwater runoff controls of
subsection (fg) of this section, the director may, as a condition of approval,
require the development and implementation of Genseivationan erosion and
sediment control plan.
(e) VSMP compliance. Except as provided herein, no person may engage in any land-
disturbing activity, and no grading, building, land disturbing, or similar permit shall be
issued for a property, until the items required by this section are submitted to and
approved by the director.
(1) VSMP compliance elements.
a. A permit application on a form provided by the director that includes a
general permit registration statement, if such registration statement is required;
b. Evidence of general permit coverage, if such general permit coverage is
required;
c. Compliance with construction site stormwater control requirements in
subsection (f), including an approved erosion and sediment control plan and
pollution prevention plan; and,
d. Compliance with postconstruction stormwater control requirements in
subsection (q), including an approved stormwater management plan, and
compliance with stormwater management system maintenance requirements
in subsection (h), including an approved stormwater maintenance agreement.
(2) Stormwater pollution prevention plan.
a. The applicant must develop prior to a land-disturbing activity, implement,
and keep at the site for inspection a stormwater pollution prevention plan that
meets the requirements of this section.
b. The stormwater pollution prevention plan required by the general permit
must comply with the requirements set forth in 9VAC25-870-54 and the terms
of the general permit as set forth in 9VAC25-880-70.
c. The stormwater pollution prevention plan must be amended whenever
there is a change in design, construction, operation, or maintenance that has a
-15-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
significant effect on the discharge of pollutants to waters of the state and that
is not addressed in the existing plan.
d. The stormwater pollution prevention plan must be maintained at a centra
location onsite. If an onsite location is unavailable, notice of the plan's location
must be posted near the main entrance at the construction site. Operators
must make the plan available for public review in accordance with the genera
permit, either electronically or in hard copy.
(3) Fees and bonds. All fees required to be paid pursuant to section 1.04 of the
Subdivision and Land Development Regulations must be received and the
performance bonding requirements pursuant to division 6 of the Subdivision anc
Land Development Regulations must be satisfied.
(4) Grandfatherinq. A land-disturbing activity as defined in 9VAC25-870-48 shat!
be qrandfathered and meet the technical criteria in 9VAC25-870-93 through
9VAC25-870-99, except that the more stringent of the technical criteria in 9VAC25-
870-93 through 9VAC25-870-99 or the Town Code in effect prior to July 1, 2014
shall apply to the land-disturbing activity.
(5) Monitoring and inspections.
a. The director shall inspect land-disturbing activities for:
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan;
3. Development, updating, and implementation of the pollution
prevention plan;
4. Development and implementation of any additional control measures
necessary to address a TMDL.
b. The director may, at reasonable times, and under reasonable
circumstances, enter any establishment or upon any property, public o-
private, for the purpose of obtaining information or conducting surveys o
investigations necessary in the enforcement of the provisions of VSMP
compliance elements.
c. In accordance with a performance bond with surety, cash escrow, letter of
-16-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009,AS AMENDED,
credit, any combination thereof, or such other legal arrangement or instrument,
the director may also enter any establishment or upon any property, public or
private, for the purpose of initiating or maintaining appropriate actions which
are required by the permit conditions associated with a land-disturbing activity,
when a permittee, after proper notice, has failed to take acceptable action
within the time specified.
d. Pursuant to § 62.1-44.15:40 of the Code of Virginia, the director may,
require every person subject to VSMP compliance elements to furnish when
requested such application materials, plans, specifications, and other pertinent
information as may be necessary to determine the effect of his discharge on
the quality of state waters, or such other information as may be necessary to
accomplish the purposes of this article.
e. Post-construction inspections of stormwater management facilities
required by the provisions of this article shall be conducted by the director
pursuant to the town's adopted and State Water Control Board-approved
inspection program, and shall occur, at minimum, at least once every five (51
years except as may otherwise be provided for in section (h).
(6) Exemptions. The following activities are exempt from the compliance
elements in subsection (1) above unless otherwise required by town code or state
or federal law:
a. Any land disturbance that requires only a site plan waiver or a standard
zoning permit provided that it is less than one acre, not part of a larger
common plan of development or sale that is one acre or greater, and that al
erosion and sediment control requirements in subsection (f) are met;
b. Any single-family residence separately built and disturbing less than one
acre and not part of a common plan of development or sale, including
additions or modifications to existing single-family detached residential
structures, provided that all erosion and sediment control requirements in
subsection (f) are met;
c. Any land disturbance that is less than one acre and is not part of a
common plan of development or sale that will result in a land-disturbing activity
of one acre or greater provided that all erosion and sediment control
requirements in subsection (f) are met, that all postconstruction stormwater
control requirements in subsection (g) are met, and that all stormwater
-17-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009,AS AMENDED,
management system maintenance requirements in subsection (h) are met;
d. Discharges to a sanitary sewer or a combined sewer;
e. Routine maintenance that is performed to maintain the original line and
grade, hydraulic capacity, or original construction of a project. The paving o`
an existing road with a compacted or impervious surface and re-establishment
of associated existing ditches and shoulders shall be deemed routine
maintenance if performed in accordance with this subsection;
f. Conducting land-disturbing activities in response to a public emergency
where the related work requires immediate authorization to avoid imminent
endangerment to human health or the environment. In such situations, the
director shall be advised of the disturbance within seven days of commencing
the land-disturbing activity and compliance with this article shall be required
within 30 days of commencing the land-disturbing activity;
g. Permitted surface or deep mining operations and projects, or oil and gas
operations and projects conducted under the provisions of Title 45.1 of the
Code of Virginia;
h. Land clearing for agricultural or silvicultural purposes, and related
activities, in accordance with section 62.1-44.15:34.C.2 of the Code of Virginia;
and,
i. Activities under a state or federal reclamation program to return an
abandoned property to an agricultural or open land use.
(ef) Construction site stormwater control. The following shall be the construction site
stormwater control provisions:
(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. 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:
-18-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
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 5,000 10,000square feet or greater, a formal grading/land
disturbance permit is required to be obtained from the Loudoun County
Department of Building and Development in accordance with the
memorandum of understanding executed between the town and the county
dated February 3, 2010, as amended.
development
b. Documentation that any and all necessary permits and plans have been
obtained including but not limited to permits required to meet the state
pollution discharge elimination system permit regulations, wetlands permits,
county grading permits as well as FEMA conditional letters of map revision.
c. 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 state erosion and sediment control handbook, whichever is
more restrictive.
(3) Pollution prevention plan. A pollution prevention plan, if required by 9VAC25-
870-56, must detail the design, installation, implementation, and maintenance o
effective pollution prevention measures to minimize the discharge of pollutants.
a. At a minimum, such measures must be designed, installed, implemented
and maintained to achieve the following:
1. Minimize the discharge of pollutants from equipment and vehicle
washing, wheel wash water, and other wash waters. Wash waters must
be treated in a sediment basin or alternative control that provides
equivalent or better treatment prior to discharge:
2. Minimize the exposure of building materials, building products
construction wastes, trash, landscape materials, fertilizers, pesticides
herbicides, detergents, sanitary waste, and other materials present on the
site to precipitation and to stormwater; and,
3. Minimize the discharge of pollutants from spills and leaks and
implement chemical spill and leak prevention and response procedures.
b. The pollution prevention plan shall include effective best management.
practices to prohibit the following discharges:
-19-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
1. Wastewater from washout of concrete, unless managed by an
appropriate control;
2. Wastewater from washout and cleanout of stucco, paint, form
release oils, curing compounds, and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment
operations and maintenance; and,
4. Soaps or solvents used in vehicle equipment washing;
c. Discharges from dewatering activities, including discharges from
dewaterinq of trenches and excavations, are prohibited unless managed by
appropriate controls.
(#g) Postconstruction stormwater control. The following shall be the postconstruction
stormwater control provisions:
(1) Minimum requirements. All development, redevelopment, and ucesland
disturbing activities regulated pursuant to this article within the town shall comply
with the DCSM and the technical criteria for land disturbing activities set forth in the
regulations, as amended, whichever is more stringent, expressly to include
9VAC25-870-62 (applicability), 9VAC25-870-63 (water quality design criteria
requirements), 9VAC25-870-65 (water quality compliance), 9VAC25-870-66 (water
quantity), 9VAC25-870-69 (offsite compliance options), 9VAC25-870-72 (design
storms and hydrologic methods), 9VAC25-870-74 (stormwater harvesting),
9VAC25-870-76 (linear development), 9VAC25-870-85 (stormwater management
impoundment structures or facilities), and 9VAC25-870-92 (comprehensive
stormwater management plans). - - - - = - - •• - = - - - = • - • - - - - -
(2) Stormwater management plan. A stormwater management plan shall b=
developed and submitted to the town for all development, redevelopment, and Ian•
disturbing activities regulated pursuant to this article, except that the director ma
execute an agreement in lieu of a stormwater management plan to comply with the
requirements of this section. The stormwater management plan shall b;
implemented as approved or modified by the town. The stormwater managemen
plan must apply the stormwater technical requirements of (1) above to the entire
land disturbing activity. Individual lots or parcels in new residential, commercial, o
industrial developments shall not be considered separate land-disturbing activities
-20-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19(DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA,July 01, 2009, AS AMENDED,
Instead, the common plan, as a whole, shall be considered to be a single land
disturbing activity. The plan must also consider all sources of surface runoff and al
sources of subsurface and groundwater flows converted to surface runoff. Th=
plan shall contain maps, charts, graphs, tables, photographs, narrativ=
descriptions, explanations, calculations, and citations to supporting references a-
appropriate to communicate the information required by this article. At a minimum
the stormwater management plan must contain the following:
a. Information on the type and location of stormwater discharges
information on the features to which stormwater is being discharged includin•
surface waters, and the pre-development and post-development drainag:
areas. A - - - - - . - - - - - - - - - - - - - - = - - -- -- - - - -
permit
b. Contact information including the name, address, and telephone numbe
of the owner and the tax reference and parcel number of the property o
properties affected. - - - - •• - = - - e = " : ' - - - - e- - - - - - -
c. A narrative that includes a description of current site conditions and final
site conditions. • - - - •• - = - - - = • - • - - - - - - = - -- - - -
50 60 1170 et. seq.
d. A general description of the proposed stormwater management facilitie-.
and the mechanism through which the facilities will be operated any'
maintained after construction is complete.
e. Information on the proposed stormwater management facilities, including:
1. The type of facilities;
2. Location, including geographic coordinates;
-21-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
3. Acres treated; and,
4. The surface waters into which the facility will discharge.
f. Hydrologic and hydraulic computations, including runoff characteristics.
q. Documentation and calculations verifying compliance with the water
quality and water quantity requirements of(1) above.
h. A map or maps of the site that depicts the topography of the site and
includes:
1. All contributing drainage areas;
2. Existing streams, ponds, culverts, ditches, wetlands, other water
bodies, and floodplains;
3. Soil types, relevant geological formations, forest cover, and other
vegetative areas;
4. Current land use including existing structures, roads, and locations of
known utilities and easements;
5. Sufficient information on adjoining parcels to assess the impacts of
stormwater from the site on these parcels;
6. The limits of clearing and grading, and the proposed drainage
patterns on the site;
7. Proposed buildings, roads, parking areas, utilities, and stormwater
management facilities; and,
8. Proposed land use with tabulation of the percentage of surface area
to be adapted to various uses, including but not limited to planned
locations of utilities, roads, and easements.
i. If an operator intends to meet the water quality requirements set forth in
(1) above through the use of off-site credits in accordance with section (3),
then a letter of availability from the off-site provider must be included.
Approved off-site options must achieve the necessary reductions prior to the
commencement of the applicant's land-disturbing activity except as otherwise
allowed by section 62.1-44.15:35 of the Code of Virginia.
-22-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS),AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
j Elements of the stormwater management plan that include activities
regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of
Virginia shall be appropriately sealed and signed by a professional registered
in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of
Chapter 4 of Title 54.1 of the Code of Virginia.
k. A construction record drawing for permanent stormwater management
facilities shall be submitted to the director. The construction record drawing
shall be appropriately sealed and signed by a professional registered in the
Commonwealth of Virginia certifying that the stormwater facilities have been
constructed in accordance with the approved plan.
(3) Nutrient credit offsets.
a. The director shall allow operators to utilize off-site compliance options in
accordance with 9VAC25-870-69 under the following conditions:
1. Less than five acres of land will be disturbed;
2. The postconstruction phosphorus control requirement is less than 10
pounds per year; or,
3. At least 75% of the required phosphorus nutrient reductions are achieved
on-site. If at least 75% of the required phosphorus nutrient reductions cannot be
met on-site, and the operator can demonstrate to the satisfaction of the director
that (i) alternative site designs have been considered that may accommodate on-
site best management practices, (ii) on-site best management practices have
been considered in alternative site designs to the maximum extent practicable
(iii) appropriate on-site best management practices will be implemented, and, (iv
full compliance with postdevelopment nonpoint nutrient runoff compliance
requirements cannot practicably be met on-site, then the required phosphorus
nutrient reductions may be achieved, in whole or in part, through the use of off-
site compliance options.
b. The director may establish criteria for an operator to use nutrient credits in
accordance with § 62.1-44.15:35 of the Code of Virginia to meet required
phosphorus reductions that do not meet the conditions of subsection a of this
section.
c. Notwithstanding subsections a and b of this section, offsite options shall not be
allowed:
-23-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
1. Unless the selected offsite option achieves the necessary nutrient
reductions prior to the commencement of the operator's land-disturbing activity,
In the case of a phased project, the operator may acquire or achieve offsite
nutrient reductions prior to the commencement of each phase of land-disturbing
activity in an amount sufficient for each phase.
2. In contravention of local water quality-based limitations at the point of
discharge that are (i) consistent with the determinations made pursuant to
subsection B of§ 62.1-44.19:7 of the Code of Virginia, (ii) contained in the town's
MS4 program plan accepted by the department, or (iii) as otherwise may be
established or approved by the State Water Control Board.
(4) Stormwater management plan review.
a. The director shall review stormwater management plans and shalj
approve or disapprove a stormwater management plan according to the
following:
1. The director shall determine the completeness of a plan in
accordance with section (g)(2) of this section, and shall notify the
applicant, in writing, of such determination, within 15 calendar days of
receipt. If the plan is deemed to be incomplete, the above written
notification shall contain the reasons the plan is deemed incomplete.
2. The director shall have an additional 60 calendar days from the
date of the communication of completeness to review the plan, except that
if a determination of completeness is not made within the time prescribed
in subsection a.1, then the plan shall be deemed complete and the
director shall have 60 calendar days from the date of submission to review
the plan.
3. The director shall review any plan that has been previously
disapproved within 45 calendar days of the date of resubmission.
4. During the review period, the plan shall be approved or
disapproved and the decision communicated in writing to the person
responsible for the land-disturbing activity or his designated agent. If the
plan is not approved, the reasons for not approving the plan shall be
provided in writing. Approval or denial shall be based on the plan's
compliance with the requirements of this chapter.
-24-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
5. If a plan meeting all requirements of this article is submitted and no
action is taken within the time provided above in subsection a.2 for review,
the plan shall be deemed approved.
b. Approved stormwater plans may be modified as follows:
1. Modifications to an approved stormwater management plan shall
be allowed only after review and written approval by the director. The
director shall have 60 calendar days to respond in writing either approving
or disapproving such request.
2. The director may require that an approved stormwater
management plan be amended, within a time prescribed by the director, to
address any deficiencies noted during inspection.
c. The director shall require the submission of a construction record drawing
for permanent stormwater management facilities. The director may elect
not to require construction record drawings for stormwater managemen`
facilities for which recorded maintenance agreements are not required
pursuant to (h) below.
(5) Exceptions.
a. The director may grant exceptions to the technical requirements of (1)
above provided that the exception is the minimum necessary to afford relief
reasonable and appropriate conditions are imposed so that the intent of this
article is preserved, granting the exception will not confer any special
privileges that are denied in other circumstances, and exception requests are
not based on conditions or circumstances that are self-imposed or self-
created. Economic hardship alone is not sufficient reason to grant an
exception.
1. Exceptions to the requirement that the land-disturbing activity
obtain a general permit shall not be given by the director, nor shall the
director approve the use of a BMP not found on the Virginia BMP
Clearinghouse website or any other control measure duly approved by
the Department.
2. Exceptions to requirements for phosphorus reductions shall not be
allowed unless offsite options otherwise permitted pursuant to 9VAC25-
870-69 have been considered and found not available.
-25-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
b. The director may grant exceptions to the water quantity requirements of
9VAC25-870-66 in cases where stormwater detention would conflict with the
town's flood management programs.
(gh) Stormwater management system maintenance. The following shall be the
stormwater management system maintenance requirements:
(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 al
existing and future facilities constructed in the town:
a. The owner shall enter into a maintenance agreement with the town that
outlines facility-specific maintenance requirements in accordance with the
following:
1. The maintenance agreement shall provide all necessary provisions
to ensure compliance with this section and shall be submitted to the
director for review and approval prior to the approval of the stormwater
management plan in section 14-23(q)(2).
2. Maintenance agreement forms shall be prepared in a format
acceptable to the director of public works and the town attorney.
3. The maintenance agreement shall run with the land and be set forth
in an instrument recorded in the county land records prior to general
permit termination or earlier if required by the director.
- • - - =- - - ' - - ' - - _ • e • - - • .. • e
= .
b. On completion of construction and town approval of a new BMP or
system of BMPs, the owner shall enter into a two-year performance fo-
maintenance bond with the town in an amount approved by the DR1AEdirector
of public works as being equivalent to two years of routine maintenance of the
facility. Performance for maintenance bond forms shall be provided by the
ORWdirector of public works. The performance for maintenance bond shall be
released only after an inspection by the ORIAEdirector of public works
determines that the facility has been maintained and functions as designed.
c. The owner shall prepare and submit an annual certification of
-26-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009,AS AMENDED,
maintenance to the town.
1. 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 thcDPW director of public
works.
2. Such certification shall state the general condition of the facility and
also state whether the infrastructure is functioning properly as originally
designed.
3. If the facility is not functioning as designed, a plan for proposed
remedial actions and a timeline for completion shall be noted in the
certification report. The plan and timeline for completion are subject to the
approval of the director of public works. If the DPWdirector of public
works determines that the proposed plan and timeline for completion is
insufficient to protect the public health, safety, and welfare, the owner of
the facility must either submit a new plan and timeline, or alternatively, the
director may take action in accordance with subsection (d)(2) of this
section. Once remedial actions have been completed, the owner shall
submit a new certification in accordance with subsections (g)(1)a and b of
this section.
(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 article under section 14-24. 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 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 section 14-24.
- - - - - - e ! - - - -
-27-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009,AS AMENDED,
DGSAA:
(43) Applicable facilities. The DPWdirector of public works 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 as existing
facilities.
(Ord. No. 2007-0-21, § 1(21-5), 11-27-2007)
Sec. 14-24. -Violations.
(a) Conflicting provisions. If the penalties noted herein should ever contradict with or
be less than future penalties implemented by the State
beard—Water Control Board, the penalties defined by the State
Water Control Board shall govern and supersede those noted
herein.
does—net—exist
-28-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT) ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009,AS AMENDED,
(b) Penalties.
(1) If the director determines that there is a failure to comply with the permit
conditions or determines there is an unauthorized discharge, notice shall be served
upon the permittee or person responsible for carrying out the permit conditions by
any of the following: verbal warnings and inspection reports, notices of correctives
action, consent special orders, and notices to comply. Written notices shall be
served by registered or certified mail to the address specified in the permit
application, or by delivery at the site of the development activities to the agent or
employee supervising such activities.
a. The notice shall specify the measures needed to comply with the permit
conditions and shall specify the time within which such measures shall be
completed. Upon failure to comply within the time specified, a stop work
order may be issued in accordance with subsection b or the permit may be
revoked by the director. The director may also pursue enforcement in
accordance with this section.
b. If a permittee fails to comply with a notice issued in accordance with this
section within the time specified, the director may issue an order requiring the
owner, permittee, person responsible for carrying out an approved plan, or
the person conducting the land-disturbing activities without an approved plan
or required permit to cease all land-disturbing activities until the violation or
the permit has ceased, or an approved plan and required permits are
obtained, and specified corrective measures have been completed.
Such orders shall become effective upon service on the person by certified
mail, return receipt requested, sent to his address specified in the land
records of the locality, or by personal delivery by an agent of the director
However, if the director finds that any such violation is grossly affecting or
presents an imminent and substantial danger of causing harmful erosion or
lands or sediment deposition in waters within the watersheds of the
Commonwealth or otherwise substantially impacting water quality, it may
issue, without advance notice or hearinq, an emergency order directing such
person to cease immediately all land-disturbing activities on the site and shall
provide an opportunity for a hearing, after reasonable notice as to the time
and place thereof, to such person, to affirm, modify, amend, or cancel such
-29-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009,AS AMENDED,
emergency order. If a person who has been issued an order is not complvin•
with the terms thereof, the director may institute a proceeding for a
injunction, mandamus, or other appropriate remedy in accordance wit
subsection 3.
(2) In addition to any other remedy provided by this article, if the director or his o
her desiqnee determines that there is a failure to comply with the provisions of thi
article, the director may initiate such informal and/or formal administrativ=
enforcement procedures in a manner that is consistent with the DCSM or othe
policies adopted by the director.
(3) Any person violating or failing, neglecting, or refusing to obey any rule
regulation, ordinance, order, or any permit condition issued by the director or an ,
provisions of this article may be compelled in a proceeding instituted in an
appropriate court by the town to obey same and to comply therewith by injunction
mandamus or other appropriate remedy.
(4) Any person who violates any provision of this article or who fails, neglects o
refuses to comply with any order of the town, the department, State Water Contro
Board, or court, shall be subject to a civil penalty not to exceed $32,500 for eac
violation within the discretion of the court. Each day of violation of eac
requirement shall constitute a separate offense.
a. Violations for which a penalty may be imposed under this subsectio
shall include but not be limited to the following: (i) no permit registration, (ii
no stormwater pollution prevention plan, (iii) incomplete stormwater pollutio
prevention plan; (iv) stormwater pollution prevention plan not available fo
review; (v) no approved erosion and sediment control plan; (vi) failure ti
install stormwater BMPs or erosion and sediment controls; (vii) stormwate
BMPs or erosion and sediment controls improperly installed or maintained
(viii) operational deficiencies; (ix) failure to conduct required inspections; (x
incomplete, improper, or missed inspections; and, (xi) discharges not i
compliance with the requirements of 9VAC25-880-70 of the general permit.
b. The town may issue a summons for collection of the civil penalty and the
action may be prosecuted in the appropriate court.
c. In imposing a civil penalty pursuant to this subsection, the court ma
consider the degree of harm caused by the violation and also the economi
benefit to the violator from noncompliance.
d. Any civil penalties assessed by a court as a result of a summons issue•
by the town shall be paid into the treasury of the town to be used for th
purpose of minimizing, preventing, managing, or mitigating pollution of the
-30-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
waters of the locality and abating environmental pollution therein in such
manner as the court may, by order, direct.
(5) Notwithstanding any other civil or equitable remedy provided by this section,
any person who willfully or negligently violates any provision of this chapter, any,
order of the town or the department, any condition of a permit, or any order of
court shall be guilty of a misdemeanor punishable by confinement in iail for not
more than 12 months and a fine of not less than $2,500 nor more than $32,500,
either or both.
(6) Any person who knowingly violates any provision of this chapter, any,
regulation or order of the State Water Control Board or the town, any condition of a
permit or any order of a court as herein provided, or who knowingly makes any
false statement in any form required to be submitted under this article or knowingly
renders inaccurate any monitoring device or method required to be maintained
under this article, shall be guilty of a felony punishable by a term of imprisonment
of not less than one year nor more than three years, or in the discretion of the iury
or the court trying the case without a jury, confinement in jail for not more than 12
months and a fine of not less than $5,000 nor more than $50,000 for each
violation.
Any defendant that is not an individual shall, upon conviction of a violation under
this subsection, be sentenced to pay a fine of not less than $10,000. Each day of
violation of each requirement shall constitute a separate offense.
(7) Any person who knowingly violates any provision of this chapter, and who
knows at that time that he thereby places another person in imminent danger of
death or serious bodily harm, shall, upon conviction, be guilty of a felony
punishable by a term of imprisonment of not less than two years nor more than 15
years and a fine of not more than $250,000, either or both. A defendant that is not
an individual shall, upon conviction of a violation under this subsection, be
sentenced to pay a fine not exceeding the greater of$1 million or an amount that is
three times the economic benefit realized by the defendant as a result of the
offense. The maximum penalty shall be doubled with respect to both fine and
imprisonment for any subsequent conviction of the same person under this
subsection.
(Ord. No. 2007-0-21, § 1(21-6), 11-27-2007)
Sec. 14-25. - Hearings.
(a) Any applicant, or person subject to this article aggrieved by any action of the town
taken without a formal hearing, or by inaction of the town, may demand in writing a
-31-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS),AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA,July 01, 2009, AS AMENDED,
formal hearing by the town council, provided a petition requesting such hearing is fleck
with the director within 30 days after notice of such action is given by the director.
(b) The hearings held under this section shall be conducted by the town council at
regular or special meeting of the town council or by at least one member of the town
council designated by the town council to conduct such hearings on behalf of the town
council at any other time and place authorized by the town council.
(c) A verbatim record of the proceedings of such hearing shall be taken and filed with
the town council. Depositions may be taken and read as in actions at law.
(d) The town council or its designated member, as the case may be, shall have power
to issue subpoenas and subpoenas duces tecum, and at the request of any party shal
issue such subpoenas. The failure of a witness without legal excuse to appear or testify,
or to produce documents shall be acted upon by the town whose action may include the
procurement of an order of enforcement from the circuit court. Witnesses who are
subpoenaed shall receive the same fees and reimbursements for mileage as in civi
actions.
Sec. 14-26. -Appeals.
(a) Final decisions of the director under this article shall be in writing and be subject to
review by the town manager. Any appeal shall be filed with the town manager within 30
days from the date of any written decision by the department of plan review which
adversely affects the rights, duties, or privileges of the persons engaging in or proposing
to engage in land disturbing activities.
(b) All appeals must be written and must contain sufficient information to acquaint the
town manager with the facts involved.
(c) A final decision of the town manager may be appealed to the town council
provided that a written appeal is filed with the town manager within 30 days after the
date of his decision.
(d) A final decision of the town is subiect to review by the circuit court of Loudoun
County, provided that the appeal is filed within 30 days of the town council's action.
SECTION II. This Ordinance shall become effective July 01, 2014; and
SECTION III. If any provision of this Ordinance is declared invalid,the decision shall
-32-
AN ORDINANCE: TO REVISE PART II, CHAPTER 14 (ENVIRONMENT)ARTICLE II
(STORMWATER MANAGEMENT) SECTION 14-19 (DEFINITIONS),
SECTION 14-21 (AUTHORITY), SECTION 14-23 (PROGRAM
COMPONENTS), SECTION 14-24 (VIOLATIONS), SECTION 14-25
(HEARINGS), AND SECTION 14-26 (APPEALS) OF THE TOWN
CODE OF VIRGINIA, July 01, 2009, AS AMENDED,
not affect the validity of the Ordinance as a whole or any remaining provisions of the Ordinance.
PASSED this 13th day of May, 2014.
�`'aF- _ —_. -•►vim-��a�el � •
Kristen . Umstattd, Mayor
Town of Leesburg
ATTEST:
Clerk of Co �cil
P:\Ordinances\2014\0513 TC Stormwater Amendment.doc