[HISTORY: Adopted by the Board of Supervisors of the County of Frederick 5-28-2014. Amendments noted where applicable.]
The Frederick County Board of Supervisors desires to protect the health, safety, welfare, and property of Frederick County residents and businesses and the quality of waters within the County. The Frederick County Board of Supervisors recognizes that development tends to degrade these waters through erosion and sedimentation, increased flooding, stream channel erosion, and the transport and deposition of waterborne pollutants. This degradation is due, in part, to increased stormwater runoff as property is developed. Hence, as required by § 62.1-44.15:27, Code of Virginia, and in compliance with the Virginia State Water Control Board requirements, the Frederick County Board of Supervisors has determined that it is in the public interest to establish requirements which regulate the discharge of stormwater runoff from developments by integrating hydrologic and water quality functions into all aspects of a development's design, landscape and infrastructure.
The purpose of this chapter is to establish minimum stormwater management and erosion and sediment control requirements which:
Reduce flood damage to property; minimize the impacts of increased stormwater runoff from new land development;
Maintain the hydraulic adequacy of existing and proposed culverts, bridges, dams, and other structures;
Prevent, to the greatest extent feasible, an increase in nonpoint source pollution;
Maintain the integrity of stream channels for their biological functions and drainage;
Maintain natural drainage patterns to the extent practicable in order to promote existing hydrologic processes;
Promote infiltration of stormwater to recharge groundwater resources;
Minimize the impact of development upon stream erosion;
Preserve and protect water supply facilities from increased flood discharges, stream erosion, and nonpoint source pollution;
Establish provisions for long-term responsibility for and maintenance of stormwater management control devices and techniques to manage the quality and quantity of stormwater runoff; and
Provide effective control of soil erosion and sediment deposition and to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources.
This chapter supplements and is to be applied in conjunction with Frederick County Building Code, Subdivision, and Zoning Ordinances as they apply to the development or subdivision of land within the County.
This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1, Article 2.4 (§ 62.1-44.15:51 et seq.), known as the "Virginia Erosion and Sediment Control Law"; and Title 62.1, Chapter 3.1, Article 2.3 (§ 62.1-44.15:24 et seq.), known as the "Virginia Stormwater Management Act."
Pursuant to the Code of Virginia, § 62.1-44.15:54, the Frederick County Public Works Department is designated as a Virginia Erosion and Sediment Control Program (VESCP) authority to operate a Virginia Erosion and Sediment Control Program.
Pursuant to the Code of Virginia, § 62.1-44.15:27, the Frederick County Public Works Department is designated as a Virginia Stormwater Management Program (VSMP) authority to operate a Virginia Stormwater Management Program in compliance with all required elements hereto.
The Frederick County Public Works Department shall issue VSMP and erosion and sediment control land disturbance permits and operate stormwater programs for the Towns of Middletown and Stephens City.
In addition to the definitions set forth in 9 VAC 25-870-10 of the Virginia Stormwater Management Program Permit (VSMP) Regulations, 9 VAC 25-840-10 of the Virginia Erosion and Sediment Control (VESC) Regulations, and 9 VAC 25-850-10 of the Virginia Erosion and Sediment Control and Stormwater Management Certification (VSMC) Regulations, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless the context clearly indicates otherwise:
- ADMINISTRATOR or VSMP ADMINISTRATOR
- The Virginia Stormwater Management Program (VSMP) authority, including the Frederick County Public Works Department responsible for administering the VSMP on behalf of Frederick County, Virginia.
- AGREEMENT IN LIEU OF PLAN
- A contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence. This contract may be executed by the plan-approving authority in lieu of a formal site plan for the residence.
- AGREEMENT IN LIEU OF STORMWATER MANAGEMENT PLAN
- A contract between the VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of a VSMP for the construction of a single-family residence; such contract may be executed by the VSMP authority in lieu of a stormwater plan.
- Any person submitting an application for a permit or requesting issuance of a permit under this chapter.
- BEST MANAGEMENT PRACTICE or BMP
- Schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities.
- BEST MANAGEMENT PRACTICE IMPLEMENTATION PLAN or BMP IMPLEMENTATION PLAN
- A site-specific design plan for the implementation of BMP facilities on an individual single-family lot or other parcel with less than one acre of land disturbance within a larger common plan of development. The BMP implementation plan provides detailed information on the implementation of the SWM pollutant load and volume reduction BMP and other requirements for the individual lot or parcel as detailed in the SWPPP and SWM plans of the VSMP permit for the larger common plan of development.
- The Virginia State Water Control Board.
- CERTIFICATE OF COMPETENCE
- A certificate of competence, issued to an individual from the Board, or successful completion, within one year after enrollment, of the Board's training program for:
- A. Project inspection for ESC;
- B. Project inspection for SWM;
- C. Plan review for ESC, or is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia;
- D. Plan review for SWM;
- E. Program administration for ESC;
- F. Program administration for SWM; or
- G. Responsible land disturber, or is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
- A natural or man-made waterway.
- CLEAN WATER ACT or CWA
- The federal Clean Water Act (33 U.S.C. § 1251 et seq.), 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.
- COMMENCEMENT OF LAND DISTURBANCE
- The initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities (e.g., stockpiling of soil fill material).
- COMMON PLAN OF DEVELOPMENT
- The contiguous area of a proposed residential, commercial, or industrial subdivision where the timing of the development of any one or multiple lots or parcels may result in separate and distinct construction activities taking place at different times on different schedules.
- CONTROL MEASURE
- Any best management practice or stormwater facility other method used to prevent or reduce the discharge of pollutants to surface waters.
- The Department of Environmental Quality.
- DESIGN STORM
- For purposes of addressing quantity control provisions of § 143-165C, means the one-year, two-year, ten-year, twenty-four-hour design storms as defined in § 143-145. The design storm for purposes of complying with the water quality provisions of § 143-165C is the one-inch rainfall depth as applied with the Virginia Runoff Reduction Method as identified by 9 VAC 25-870-65.
- 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 nonagricultural or nonsilvicultural purposes.
- The Director of the Department of Environmental Quality or assigned designee.
- DRAINAGE AREA
- A land area, water area, or both from which runoff flows to a common point.
- EROSION AND SEDIMENT CONTROL (ESC) PLAN or PLAN
- A document containing material 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 shall contain all major conservation decisions and all information deemed necessary by the plan-approving authority to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.
- EROSION CONTROL HANDBOOK
- The Virginia Erosion and Sediment Control Handbook and/or a locally adopted erosion and sediment control handbook with such amendments, modifications and supplements as may, from time to time, be properly adopted.
- EROSION IMPACT AREA
- An area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes.
- Any digging, scooping or other methods of removing earth materials.
- Any depositing or stockpiling of earth materials.
- FINAL STABILIZATION
- One of the following situations has occurred:
- A. All soil-disturbing activities at the site have been completed, and a permanent vegetative cover has been established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved that is uniform (e.g., evenly distributed), is mature enough to survive, and will inhibit erosion.
- B. For individual lots in residential construction, final stabilization can occur by either:
- (1) The homebuilder completing final stabilization as specified in Subsection A of this definition; or
- (2) The homebuilder establishing temporary stabilization, including perimeter controls for an individual lot prior to occupation of the home by the homeowner, and informing the homeowner of the need for, and benefits of, final stabilization.
- C. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters, and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization criteria specified in Subsection A or B of this definition.
- The portion of the floodplain outside the floodway that is usually covered with water from the one-hundred-year flood or storm event. This includes, but is not limited to, the flood or floodway fringe designated by the Federal Emergency Management Agency.
- A volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage.
- The area adjacent to a channel, river, stream, or other water body that is susceptible to being inundated by water normally associated with the one-hundred-year flood or storm event. This includes, but is not limited to, the floodplain designated by the Federal Emergency Management Agency.
- FLOOD-PRONE AREA
- The component of a natural or restored stormwater conveyance system that is outside the main channel. Flood-prone areas may include, but are not limited to, the floodplain, the floodway, the flood-fringe, wetlands, riparian buffers, or other areas adjacent to the main channel.
- The channel of a river or other watercourse and the adjacent land areas, usually associated with flowing water, that must be reserved in order to discharge the one-hundred-year flood or storm event without cumulatively increasing the water surface elevation more than one foot. This includes, but is not limited to, the floodway designated by the Federal Emergency Management Agency.
- GENERAL PERMIT
- A state permit authorizing a category of discharges under the CWA and within a geographical area.
- HYDROLOGIC UNIT CODE or HUC
- A watershed unit established in the most recent version of Virginia's 6th Order National Watershed Boundary Dataset.
- As soon as practicable, but no later than that end of the next workday following the day when the land-disturbing activities have temporarily or permanently ceased. In the context of this permit, "immediately" is used to define the deadline for initiating stabilization measures.
- IMPAIRED WATERS
- Surface waters identified as impaired on the 2010 § 305(b)/303(d) Water Quality Assessment Integrated Report.
- IMPERVIOUS COVER
- A surface composed of material that significantly impedes or prevents natural infiltration of water into soil.
- Not technologically possible or not economically practicable and achievable in light of best industry practices.
- A. Prepping the soil for vegetative or nonvegetative stabilization;
- B. Applying mulch or other nonvegetative product to the exposed area;
- C. Seeding or planting the exposed area;
- D. Starting any of the above activities on a portion of the area to be stabilized, but not on the entire area; or
- E. Finalizing arrangements to have the stabilization product fully installed in compliance with the applicable deadline for completing stabilization.
- An on-site review of the project's compliance with the VSMP authority land-disturbing permit or VSMP authority permit, and any applicable design criteria, or an on-site review to obtain information or conduct surveys or investigations necessary in the implementation or enforcement of this chapter.
- KARST AREA
- Any land area predominantly underlain at the surface or shallow subsurface by limestone, dolomite, or other soluble bedrock regardless of any obvious surface karst features.
- KARST FEATURES
- Sinkholes, sinking and losing streams, caves, large flow springs, and other such landscape features found in karst areas.
- LAND DISTURBANCE or LAND-DISTURBING ACTIVITY
- Any man-made change to the land surface that potentially changes its runoff characteristics, including, but not limited to, clearing, grading, or excavation, except that the term shall not include those exemptions specified in § 62.1-44.15:34 and § 62.1-44.15:51, Code of Virginia, and in this chapter.
- A conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval.
- LOCALIZED FLOODING
- Smaller-scale flooding that may occur outside of a stormwater conveyance system. This may include high water, ponding, or standing water from stormwater runoff, which is likely to cause property damage or unsafe conditions.
- MAIN CHANNEL
- The portion of the stormwater conveyance system that contains the base flow and small, frequent storm events.
- MAJOR MODIFICATION
- For the purposes of this chapter, the modification or amendment of an existing state permit before its expiration that is not a minor modification as defined in this chapter.
- Constructed by man.
- MEASURABLE STORM EVENT
- A storm event resulting in an actual discharge from the construction site.
- MINOR MODIFICATION
- For the purposes of this chapter, minor modification or amendment of an existing state permit before its expiration for the reasons listed at 40 CFR 122.63 and as specified in 9 VAC 25-870-640. "Minor modification," for the purposes of this chapter, also means other modifications and amendments 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 state permit modification or amendment does not substantially alter state 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.
- NATURAL CHANNEL DESIGN CONCEPTS
- The utilization of engineering analysis based on fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or re-creating a stream that conveys its bank full storm event within its banks and allows larger flows to access its floodplain.
- NATURAL STREAM
- A tidal or nontidal watercourse that is part of the natural topography. It usually maintains a continuous or seasonal flow during the year and is characterized as being irregular in cross section with a meandering course. Constructed channels such as drainage ditches or swales shall not be considered natural streams; however, channels designed utilizing natural channel design concepts may be considered natural streams.
- The owner or operator of any facility or activity subject to regulation under this chapter.
- PEAK FLOW RATE
- The maximum instantaneous flow from a prescribed design storm at a particular location.
- PERCENT IMPERVIOUS
- The impervious area within the site divided by the area of the site multiplied by 100.
- PERMIT or VSMP AUTHORITY PERMIT
- An approval to conduct a land-disturbing activity issued by the Frederick County Public Works Department, the permit-issuing VSMP authority, for the initiation of a land-disturbing activity after evidence of coverage under the general permit for discharges of stormwater from construction activities found in (9 VAC 25-880 et seq.) of the Virginia Stormwater Management Program Regulations has been provided. A person shall not conduct any land-disturbing activity until he has submitted a permit application to the VSMP authority that includes a state VSMP permit registration statement, if such statement is required, a stormwater management plan or an executed agreement in lieu of a stormwater plan, and has obtained VSMP authority approval to begin land disturbance.
- The person to whom the permit is issued.
- 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 OF DISCHARGE
- A location at which concentrated stormwater runoff is released.
- POST DEVELOPMENT
- Refers to conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site.
- Refers to the conditions that exist at the time that plans for the land development of a tract of land are submitted to the plan approval VSMP authority. Where phased development or plan approval occurs (preliminary grading, demolition of existing structures, roads and utilities, etc.), the existing conditions at the time prior to the first item being submitted shall establish predevelopment conditions.
- PRIOR DEVELOPED LAND
- Land that has been previously utilized for residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures and that will have the impervious areas associated with those uses altered during a land-disturbing activity.
- QUALIFIED PERSONNEL
- A person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls who possesses the skills to assess conditions at the construction site for the operator that could impact stormwater quality and quantity and to assess the effectiveness of any sediment and erosion control measures or stormwater management facilities selected to control the quality and quantity of stormwater discharges from the construction activity.
- The Virginia Stormwater Management Program (VSMP) Permit Regulations, 9 VAC 25-870-10 et seq., as amended, and/or the Virginia Erosion and Sediment Control Regulations, 9 VAC 25-840-10 et seq., as amended.
- RESPONSIBLE LAND DISTURBER
- An individual from the project or development team, who will be in charge and responsible for carrying out a land-disturbing activity covered by an agreement in lieu of a plan, when applicable, or an approved erosion and sediment control plan, who:
- A. Holds a certificate of competence as a responsible land disturber; or
- B. Holds a current certificate of competence from the Board in the area of inspection; or
- C. Holds a current contractor certificate of competence for erosion and sediment control; or
- D. Is licensed in Virginia as a professional engineer, architect, certified landscape architect or land surveyor pursuant to § 54.1-400 et seq. of Chapter 4 of Title 54.1 of the Code of Virginia.
- RUNOFF or STORMWATER RUNOFF
- That portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways.
- RUNOFF CHARACTERISTICS
- Include maximum velocity, peak flow rate, volume, and flow duration.
- RUNOFF VOLUME
- The volume of water that runs off the site from a prescribed design storm.
- SINGLE-FAMILY RESIDENCE
- A noncommercial dwelling that is occupied exclusively by one family.
- The land or water area where any facility or activity is physically located or conducted, a parcel of land being developed, or a designated area of a parcel in which the land development project is located. Also, 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.
- SITE HYDROLOGY
- The movement of water on, across, through and off the site as determined by parameters including, but not limited to, soil types, soil permeability, vegetative cover, seasonal water tables, slopes, land cover, and impervious cover.
- The Commonwealth of Virginia.
- STATE PERMIT
- An approval to conduct a land-disturbing activity issued by the Board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the 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 regulations, the Act and this chapter. As the mechanism that imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, a state permit for stormwater discharges from an MS4 and, after June 30, 2014, a state permit for conducting a land-disturbing activity issued pursuant to the Act are also types of Virginia Pollutant Discharge Elimination System (VPDES) permits. "State permit" does not include any state permit that has not yet been the subject of final Board action, such as a draft state permit. Approvals issued pursuant to this chapter, 9 VAC 25-880, and 9 VAC 25-890 are not issuances of a permit under § 62.1-44.15:01 of the Code of Virginia.
- STATE WATERS
- All water, on the surface and under the ground, wholly or partially within or bordering the commonwealth or within its jurisdiction, including wetlands.
- 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 CONVEYANCE SYSTEM
- A combination of drainage components that are used to convey stormwater discharge, either within or downstream of the land-disturbing activity. This includes:
- STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY
- A discharge of stormwater runoff from areas where land-disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located.
- STORMWATER MANAGEMENT CONCEPT PLAN
- A document(s) developed at the preliminary plan, zoning, or other stage of the development process that establishes the initial layout of the development along with sufficient information to ensure that the final development stormwater management plan will comply with this chapter.
- STORMWATER MANAGEMENT FACILITY
- A control measure that controls stormwater runoff and changes the characteristics of that runoff, including, but not limited to, the quantity and quality, the period of release or the velocity of flow.
- STORMWATER MANAGEMENT PLAN
- A document(s) containing material for describing methods for complying with the requirements of this chapter and the VSMP permit regulations.
- STORMWATER POLLUTION PREVENTION PLAN or SWPPP
- 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. In addition, the document shall identify and require the implementation of control measures and shall include, but not be limited to, the inclusion of and/or the incorporation by reference of an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.
- STORMWATER POLLUTION PREVENTION PLAN TEMPLATE or SWPPP TEMPLATE
- A document intended to be used for single-family residential construction land-disturbing activity that disturbs less than one acre of land and is part of a larger common plan of development to identify all applicable requirements of the SWPPP that was developed for the larger common plan of development.
- The same as defined in the Frederick County Subdivision Ordinance (Chapter 144 of Frederick County, Virginia, Code).
- A. All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;
- B. All interstate waters, including interstate wetlands;
- C. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce, including any such waters:
- (1) That are used or could be used by interstate or foreign travelers for recreational or other purposes;
- (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
- (3) That are used or could be used for industrial purposes by industries in interstate commerce.
- D. All impoundments of waters otherwise defined as surface waters under this definition;
- F. The territorial sea; and
- TOTAL MAXIMUM DAILY LOAD or TMDL
- 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 PROGRAM (VESCP) LAND DISTURBANCE or VESCP LAND-DISTURBING ACTIVITY
- Any man-made change to the land surface that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not include:
- A. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work;
- B. Individual service connections;
- C. Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided the land-disturbing activity is confined to the area of the road, street or sidewalk that is hard-surfaced;
- D. Septic tank lines or drainage fields, unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;
- E. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.1 of the Code of Virginia;
- F. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulation, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of the Code of Virginia;
- G. Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;
- H. Agricultural engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act, Article 2 (§ 10.1-604 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation;
- I. Disturbed land areas of less than 10,000 square feet in size; however, the governing body of the program authority may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;
- J. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;
- K. Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this chapter and the regulations adopted pursuant thereto; and
- L. Emergency work to protect life, limb or property, and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the VESCP authority.
- VIRGINIA STORMWATER BMP CLEARINGHOUSE WEBSITE
- 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 and associated regulations.
- VIRGINIA STORMWATER MANAGEMENT ACT or ACT
- 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 MANAGEMENT HANDBOOK
- A collection of pertinent information that provides general guidance for compliance with the Act and associated regulations and is developed by the Department with advice from a stakeholder advisory committee.
- VIRGINIA STORMWATER MANAGEMENT PROGRAM AUTHORITY or VSMP AUTHORITY
- A program approved by the Board after September 13, 2011, that has been established by a VSMP authority to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in the Act and associated regulations, and evaluation consistent with the requirements of the SWM Act and associated regulations.
- VIRGINIA STORMWATER MANAGEMENT PROGRAM or VSMP
- The program established by Frederick County and approved by the Board to manage the quality and quantity of runoff resulting from land-disturbing activities and includes Frederick County's local ordinance and requirements for plan review, inspection, enforcement, permit requirements, policies and guidelines, and technical materials.
- VIRGINIA STORMWATER MANAGEMENT PROGRAM (VSMP) LAND DISTURBANCE or VSMP LAND-DISTURBING ACTIVITY
- 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:
- A. 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;
- B. Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of the Code of Virginia;
- C. Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures;
- D. Land-disturbing activities that disturb less than one acre of land area, except for activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance; however, the governing body of any locality that administers a VSMP may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;
- E. Discharges to a sanitary sewer or a combined sewer system;
- F. Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use;
- G. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection;
- H. 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 VSMP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of § 143-130, including a registration statement that substantiates the occurrence of an emergency, is required within 30 days of commencing the land-disturbing activity.
- VSMP CONSTRUCTION GENERAL PERMIT or CONSTRUCTION GENERAL PERMIT
- The general permit for discharges of stormwater from construction activities found in 9 VAC 25-880 of the Virginia Stormwater Management Program Regulations.
- WASTELOAD ALLOCATION or WASTELOAD or WLA
- The portion of a receiving surface water's loading or assimilative capacity allocated to one of its existing or future point sources of pollution. WLAs are a type of water quality-based effluent limitation.
- A defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet. In karst areas, the karst feature to which the water drains may be considered the single outlet for the watershed.
- Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
No person shall conduct a VESCP land-disturbing activity as defined in the § 143-110 until a Frederick County land-disturbing permit has been obtained from the administrator.
Prior to issuance of a Frederick County land-disturbing permit for a VESCP land-disturbing activity, the following items must be submitted in accordance with the provisions of this chapter and approved:
Frederick County land-disturbing permit application;
A stormwater pollution prevention plan (SWPPP) to include all required elements applicable to a VESCP land-disturbing activity;
An erosion and sediment control plan and narrative to comply with Virginia erosion and sediment control requirements and Frederick County erosion and sediment control requirements as outlined in this regulation;
The applicable permit fee.
Prior to issuance of a Frederick County VSMP permit for a VSMP land-disturbing activity, the following items must be submitted in accordance with the provisions of this chapter and approved:
A stormwater pollution prevention plan (SWPPP) to include all required elements applicable to a VSMP land-disturbing activity;
A stormwater management plan or an executed agreement in lieu of a plan that complies with Virginia stormwater requirements and Frederick County stormwater requirements as outlined in this regulation;
A VSMP authority permit application/registration statement, if such statement is required. A person shall not conduct any land-disturbing activity until he has submitted a permit application to the VSMP authority that includes a state VSMP permit statement, if such statement is required. A registration statement is not required for detached single-family home construction within or outside of common plan of development or sale, but such projects must adhere to the requirements of the general permit (§ 62.1-44.15:28A8);
All appropriate fees; and
Evidence of coverage under the state general permit for discharges from construction activities through the Virginia electronic database.
References: 9 VAC 25-870-59; 9 VAC 25-870-108; 9 VAC 25-870-750; Va. Code § 62.1-44.15:34.
Prior to issuing coverage under an existing VSMP authority permit for a land-disturbing activity within a common plan of development, the following items must be addressed:
The requirements of a Frederick County land-disturbing permit application; and
A stormwater pollution prevention plan (SWPPP) to include all required elements applicable to a VSMP land-disturbing activity, or when the area of disturbance is less than one acre, a SWPPP template and a BMP implementation plan consistent with the BMP performance goals of the common plan of development.
A stormwater management plan that complies with Virginia stormwater requirements and Frederick County stormwater requirements as outlined in this regulation.
Whenever a land-disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a construction contract, the preparation and submission of plans, obtaining approval of the required plans, and obtaining all required permits shall be the responsibility of the owner of the land.
The standards contained within the Virginia Erosion and Sediment Control Regulations (VESCR), the Virginia Erosion and Sediment Control Handbook (VESCH) (latest edition), the Virginia Stormwater Management Handbook (VSMH) (latest edition), and any additional guidance provided by the VSMP authority are to be used by the applicant in the preparation and submission of an erosion and sediment control plan, and by the VSMP authority in considering the adequacy of a plan submittal. When the standards vary between the publications, the state regulations shall take precedence.
The latest approved version of BMPs found on the Virginia Stormwater BMP Clearinghouse website shall be utilized to effectively reduce the pollutant load and runoff volume as required in this chapter in accordance with the Virginia Runoff Reduction Method.
Reference: 9 VAC 25-870-65.
The erosion and sediment control plan and stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff.
Reference: 9 VAC 25-870-55A.
Proposed residential, commercial, or industrial subdivisions shall apply these stormwater management criteria to the development project as a whole. Individual lots or parcels shall not be considered separate development projects, but rather the entire subdivision shall be considered a single development project. Hydrologic parameters shall reflect the ultimate development and shall be used in all engineering calculations. Implementation of the plan may be phased or carried out by individual or separate applicants as referenced in § 143-130C.
Unless otherwise specified, the following shall apply to the hydrologic computations of this section:
The prescribed design storms are the one-year, two-year, and ten-year twenty-four-hour storms using the site-specific rainfall precipitation frequency data recommended by the U.S. National Oceanic and Atmospheric Administration (NOAA) Atlas 14 and provided in the VA SWM Handbook.
All hydrologic analyses shall be based on the existing watershed characteristics and how the ultimate development condition of the subject project will be addressed.
The U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) synthetic twenty-four-hour rainfall distribution and models, including, but not limited to, TR-55 and TR-20, hydrologic and hydraulic methods developed by the U.S. Army Corps of Engineers, or other NRCS standard hydrologic and hydraulic methods, shall be used to conduct the analyses described in this part.
For purposes of computing predevelopment runoff, all pervious lands on the site shall be assumed to be in good hydrologic condition in accordance with the U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) standards, regardless of conditions existing at the time of computation.
Predevelopment and post-development runoff characteristics and site hydrology shall be verified by site inspections, topographic surveys, available soil mapping or studies, and calculations consistent with good engineering practices. Guidance provided in the Virginia Stormwater Management Handbook and by the Virginia Stormwater BMP Clearinghouse shall be considered appropriate practices.
Reference: 9 VAC 25-870-72.
All proposed sediment control or stormwater impounding structures shall be designed in accordance with state standards.
Reference: 9 VAC 25-870-85.
Any land-disturbing activity shall be considered grandfathered by the VSMP authority and shall be subject to the Part II C (9 VAC 25-870-93 et seq.) technical criteria of this chapter, provided:
A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the locality to be equivalent thereto i) was approved by the locality prior to July 1, 2012; ii) provided a layout as defined in 9 VAC 25-870-10; iii) will comply with the Part II C technical criteria of this chapter; and iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge and such that there is no increase in the volume or rate of runoff;
A state permit has not been issued prior to July 1, 2014; and
Land disturbance did not commence prior to July 1, 2014.
Locality, state, and federal projects shall be considered grandfathered by the VSMP authority and shall be subject to the Part II C technical criteria of this chapter, provided:
There has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012;
A state permit has not been issued prior to July 1, 2014; and
Land disturbance did not commence prior to July 1, 2014.
Land-disturbing activities grandfathered under Subsections A and B of this section shall remain subject to the Part II C technical criteria of this chapter for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the Board.
In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Part II C.
Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion.
For each of the following activities as may be relevant, a stormwater pollution prevention plan (SWPPP) shall contain the indicated components:
VSMP land-disturbing activities:
VSMP land-disturbing activities part of a larger common plan of development shall include:
An ESC plan or if single-family residential construction an agreement in lieu of an ESC plan as described in § 143-160; and
The requirements for a SWPPP as outlined in 9 VAC 25-870-54 shall be included with each plan submitted for review.
In addition to the applicable components as provided in § 143-150, a stormwater pollution prevention plan (SWPPP) shall include the following general requirements:
Prior to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of a qualified personnel to the administrator. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan, and the person responsible for carrying out the plan shall be subject to the penalties provided in § 143-225.
Reference: Va. Code § 62.1-44.15:55B.
The SWPPP must be maintained at a central location on site. If an on-site location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. The operator shall make SWPPPs and all updates available upon request to County personnel.
Reference: 9 VAC 25-870-54G.
As required in § 143-150, an erosion and sediment control plan shall be developed and referenced into the SWPPP.
The erosion and sediment control plan shall be designed to control stormwater volume and velocity within the site to minimize soil erosion and to minimize sediment discharges from the site by incorporating the following performance goals to the maximum extent practicable:
The area of land disturbance at any one time shall be the minimum necessary to install and/or construct the proposed site improvements.
The installation and/or construction of the proposed site improvements shall be phased to limit the duration of exposed soils to the minimum time needed to construct and/or install the improvements in the immediate vicinity of the disturbance.
The disturbance and/or compaction of the existing native soils shall be minimized by directing construction traffic, material stockpiling, and other activities to only those areas of the site that are designated for proposed infrastructure (buildings, roads, parking areas, etc.).
Disturbance of slopes 15% or steeper shall be avoided to the maximum extent practicable given the proposed site improvements. When disturbance of steep slopes is unavoidable, or the resulting grade of exposed soil is 15% or greater, the area shall be stabilized immediately with an approved soil stabilization matting.
Existing topsoil shall be preserved to the maximum extent practical.
The selection and design of erosion and sediment controls shall be based on the expected frequency, intensity, and duration of precipitation and the corresponding expected volume of runoff and sediment erosion, sedimentation, and transport during the land-disturbing activity.
The volume and peak flow rate of runoff from the construction site should be estimated for the two-year and/or ten-year design storms as required for the particular controls being considered using accepted NRCS hydrologic methods as described in the VESCH and the VSWMH, latest editions; and
The expected volume of sediment erosion, sedimentation, and transport during land-disturbing activities should be estimated considering the surface area, length, and slope of exposed soil, the soil horizons exposed by grading activities, and the range of soil particle sizes expected to be present.
Provide fifty-foot natural vegetated buffers around surface waters, and direct stormwater to vegetated areas where feasible. Where infeasible, alternate practices that remove or filter sediment and maximize stormwater infiltration may be approved by Frederick County in accordance with state standards.
Sediment basins, when used in accordance with the requirements of the VESCH, shall incorporate an outlet structure that discharges from the surface.
When the land-disturbing activity is part of a larger common plan of development, the ESC plan shall demonstrate compliance with the approved SWPPP for the larger common plan of development and shall contain the following: information and/or statements demonstrating compliance with the minimum standards of the erosion and sediment control regulations of the Board (9 VAC 25-840):
Compliance with the water quantity requirements of § 62.1-44.2 et seq. of the Code of Virginia shall be deemed to satisfy the requirements of 9 VAC 25-840-40(19) (Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations).
A statement by the permittee that all erosion and sediment control measures shall be maintained and that the permittee will inspect the erosion and sediment control measures at least once in every two-week period and within 48 hours following rainstorm events of 0.25 inch or greater during construction to ensure continued compliance with the approved plan. Records of self-inspection shall be maintained on the site and available for review by County inspectors.
The location, dimensions, and other information as required ensuring the proper construction and maintenance of all temporary erosion and sediment controls necessary to comply with the provisions of this chapter.
Calculations for sediment traps, basins, outlet protection, etc., as applicable.
A sequence of construction and clear delineation of the initial areas of land disturbance necessary for installation of the initial erosion and sediment control measures such as earthen dams, dikes, and diversions. The areas of initial land disturbance shall be the minimum necessary for installation of the initial erosion and sediment control measures, and the delineation should include all areas necessary for such installation, including stockpiles, borrow areas, and staging areas. The sequence should also include the stabilization of these areas immediately upon reaching final grade.
Requirement that final stabilization of disturbed areas shall be initiated immediately upon reaching final grade on any portion of the site and that temporary stabilization shall be initiated immediately upon areas that may not be at final grade but will remain dormant for longer than 14 days. Stabilization shall be applied within seven days of initiating stabilization activities.
A comprehensive drainage plan, including:
The existing and proposed drainage patterns on the site;
All contributing drainage areas to permanent stormwater practices and temporary sediment controls;
Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains;
Land cover, such as forest meadow, and other vegetative areas;
Current land use, including existing structures, roads, and locations of known utilities and easements;
Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels;
Proposed buildings, roads, parking areas, utilities, and stormwater management facilities; and
Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to forest or reforestation, buffers, impervious cover, managed turf (lawns), and easements.
The location of any stormwater management practices and sequence of construction.
Temporary natural vegetated buffers in accordance with the requirements of the VSMP construction general permit. These buffers shall be delineated on the ESC plan and protected with accepted signage, safety fence, or other barrier.
In lieu of the plan described in Subsections A and B of this section, single-family residential construction that is not part of a larger common plan of development, including additions or modifications to an existing single-family detached residential structures, may execute an ESC agreement in lieu of an erosion and sediment control plan with the administrator.
In lieu of the plan described in Subsections A and B of this section, single-family residential construction that disturbs less than one acre and is part of a larger common plan of development may execute a SWPPP template with the administrator that demonstrates compliance with the practices and strategies identified for the lot or parcel in the larger common plan of development SWPPP.
In regard to the erosion and sediment control minimum standards, the following changes are effective within Frederick County (references are to 9 VAC 25-840-40):
Subsection 6b. Surface run-off from disturbed areas that are comprised of flow from drainage areas greater than or equal to three acres shall be controlled by a sediment basin. The minimum storage capacity of a sediment basin shall be 134 cubic yards per acre of drainage area. The outfall system shall, at a minimum, maintain the structural integrity of the basin during a one-hundred-year-storm of twenty-four-hour duration. Runoff coefficients used in runoff calculations shall correspond to a bare earth condition or those expected to exist while the sediment basin is utilized.
Subsection 14, regulation of watercourse crossing. All applicable federal, state and local regulations pertaining to working in or crossing live watercourses shall be met. Prior to obtaining a land disturbance permit, copies of all applicable environmental permits, including but not limited to wetland disturbance, stream crossing, stormwater discharge permits, shall be submitted with the application.
Subsection 17, vehicular sediment tracking. Where construction vehicle access routes intersect paved or public roads, provisions shall be made to minimize the transport of sediment by vehicular tracking onto paved or public road surface; the road surface shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and transported to a sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner. This provision shall apply to individual development lots as well as to larger land-disturbing activities.
In subdivisions, the owner/developer of the subdivision shall be responsible for compliance with the standard set forth in Subsection F(3) until the streets are taken into the Virginia Department of Transportation's Secondary Road System for maintenance, and the plan submitted for approval shall include a detailed plan or narrative to ensure transport of sediment onto subdivision streets does not occur during any phase of construction, including but not limited to construction of all infrastructure, utilities, and building construction. In addition, if individual lots or sections in a subdivision are being developed by a different owner, such owner shall be jointly and severally responsible with the owner/developer of the subdivision for achieving compliance with this minimum standard, and the erosion and sediment control plan, or "agreement in lieu of a plan," submitted for approval shall include a detailed plan or narrative to ensure transport of sediment onto the applicable roads does not occur during any phase of construction, including but not limited to construction of all infrastructure, utilities, and building construction.
The provision found in Subsection 19b(1) is deleted.
In order to assure proper stormwater drainage and site stabilization, the following policies are hereby adopted concerning all development. Prior to release of building permits, the following infrastructure shall be completed and stabilized within the subdivision, subsection or phase as shown on the approved plan:
Stormwater conveyance systems, including but not limited to culverts, road surface, curb and gutter, stormwater structures, drainage swales and ditches, channel linings and all cleared areas shall be stabilized, etc.
Submittal of a certified as-built plan of the subdivision, subsection or phase, which includes but is not limited to stormwater conveyance systems, curb and gutter, drainage swales and ditches, stormwater/sediment ponds, graded areas, etc. A letter from the engineer-of-record shall be included with the as-built plan which states that the subdivision has been constructed in accordance with the approved plan.
A proposed overall lot grading plan is required by Frederick County prior to the release of building permit(s) for subdivisions. This plan shall meet the intent of the original site plan submitted by the developer. It is required that the developer provide the builder/owner a copy of the original engineered site grading plan for the particular subdivision.
It will be necessary to submit a certified as-built plan for all lots on which proposed lot grading plans were required. This certified as-built plan shall indicate the following: properly annotated boundary lines; setback lines; proposed house footprint; offsets to house; existing grading; spot shots as necessary to show positive drainage; proposed driveway; proposed floor elevation to include basement, first floor and garage; and erosion and sediment controls, if required. The as-built plan shall be accompanied by a document prepared by a professional engineer or a certified land surveyor certifying that the as-built conditions meet the intent of the approved site grading plan. The proposed lot grading plan and the as-built survey shall be submitted to the Public Works Department prior to release of the final certificate of occupancy.
Before adopting or revising regulations, the County shall give due notice and conduct a public hearing on the proposed or revised regulations, except that a public hearing shall not be required when the County is amending its program to conform to revisions in the state program. However, a public hearing shall be held if the County proposes or revises regulations that are more stringent than the state program.
Pursuant to § 62.1-44.15:53 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The erosion control program of the County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person.
The County hereby designates the Department of Public Works as the plan-approving authority.
The program and regulations provided for in this chapter shall be made available for public inspection at the office of the Department of Public Works.
As required in § 143-150, a stormwater management plan shall be developed and referenced into the SWPPP.
In addition to the plan requirements outlined in § 143-155 and § 143-160, the stormwater management plan shall include the following:
A general description of the proposed stormwater management facilities, including:
Contact information including name, address, telephone number and parcel number of the property or properties affected.
Narrative that includes a description of current site conditions and final site conditions, or if allowed by the VSMP authority, the information provided and documented during the review process that addresses the current and final site conditions.
General description of the proposed stormwater management facilities and mechanism through which the facilities will be operated/maintained after construction is complete: information on type of stormwater facilities.
The location of stormwater facilities, including geographic coordinates.
The named surface waters to which the facility eventually drains.
Information on proposed stormwater management facilities, including i) type of facilities; ii) location, including geographic coordinates; iii) acres treated; and iv) surface waters or karst features into which facility will discharge.
Hydrologic/hydraulic computations, including runoff characteristics.
Documentation/calculations verifying compliance with water quality and quantity requirements of the regulations.
Soil types, geologic formations if karst features are present in the area, forest cover, other vegetative areas.
Current land use, including existing structures, roads, locations of known utilities and easements.
Sufficient information on adjoining parcels to assess impacts of stormwater from the site on these parcels.
Limits of clearing and grading, proposed drainage patterns on the site.
Proposed buildings, roads, parking areas, utilities, stormwater management facilities.
Proposed land use with tabulation of percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, roads and easements.
A stormwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria to the part to the entire land-disturbing activity. Individual lots in new residential, commercial, or industrial developments shall not be considered separate land-disturbing activities.
A stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff.
Information on type/location of stormwater discharges, information on features to which stormwater is discharged, including surface waters or karst features if present, and predevelopment/post-development drainage areas.
All necessary documentation and calculations supporting the design and construction of the proposed stormwater management structures, including sufficient details such as cross sections, profiles, dimensions, grades, and other information as needed to ensure that the BMP facilities are built in accordance with the approved plans and BMP Design Standards and Specifications;
Runoff Reduction Method compliance spreadsheet summary sheet.
A landscaping plan prepared by an individual familiar with the selection of appropriate vegetation for the particular BMP (emergent and upland vegetation for wetlands, woody and/or herbaceous vegetative stabilization and management techniques to be used within and adjacent to the stormwater management facilities, etc.). The landscaping plan must also describe the maintenance of vegetation at the site and what practices should be employed to ensure that adequate vegetative cover is preserved.
Identification of all easements provided for inspection and maintenance of stormwater management facilities in accordance with specifications in the Stormwater Management Design Manuals and Frederick County requirements.
When applicable, a copy of the Frederick County SWM BMP operation and maintenance agreement to be recorded in the local land records prior to plan approval. This may be submitted prior to plan approval.
When stormwater facilities are proposed on individual residential lots, a copy of the proposed residential lot BMP inspection and maintenance agreement to be signed by the property owner upon settlement. This must be submitted prior to plan approval.
If an applicant intends to meet the water quality requirements of Subsection C of this section through the use of off-site compliance options, then a letter of availability from the off-site provider must be included, and the use of the off-site options shall be in accordance with the VSMP regulations offsite compliance options (9 VAC 25-870-69).
Stormwater management (SWM) plans shall demonstrate compliance with the following:
Stormwater runoff quality and runoff volume reduction criteria for new development.
Reference: 9 VAC 25-870-63.
Stormwater runoff quality criteria for development on prior developed lands.
Reference: 9 VAC 25-870-63.
Reference: 9 VAC 25-870-66.
Reference: 9 VAC 25-870-66.
Requirements for identifying, evaluating, and addressing increased volumes of sheet flow resulting from pervious or disconnected impervious areas or from physical spreading of concentrated flow through level spreaders.
Reference: 9 VAC 25-870-66.
Prior to release of the stormwater plan surety bond, two sets of the construction record drawing or as-built of permanent stormwater management facilities, also referred to as "as-built plans," in accordance with County requirements shall be submitted to the administrator. The construction as-built 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, certifying that the stormwater management facilities have been constructed in accordance with the approved plan.
References: 9 VAC 25-870-108, 9 VAC 25-870-55D.
Single-family residential construction that is less than one acre of disturbance and part of a larger common plan of development may execute and implement a BMP implementation plan as part of the SWPPP template in order to demonstrate compliance with the practices and strategies identified in the larger common plan of development SWPPP.
Stormwater management facility maintenance agreements. Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance agreement that must be approved by the administrator and recorded in the land records prior to issuance of a land-disturbing permit and contain the following provisions:
A copy of the Frederick County BMP operation and maintenance Agreement proposed for recordation in the local land records prior to plan approval to be signed by the property owner upon settlement shall be submitted with the plans.
Reference: 9 VAC 25-870-112.
Responsibility for the operation and maintenance of stormwater management facilities shall remain with the property owner or an owners' association and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the responsibility to successors in title.
Reference: 9 VAC 25-870-112.
Maintenance agreements shall be in accordance with the Frederick County requirements (BMP Inspection and Maintenance Program) and provide for all necessary access for inspections.
References: Va. Code § 62.1-44.15:39; 9 VAC 25-870-112.
Except as provided in Subsection F(5) below maintenance agreements shall be enforceable (by the administrator).
Reference: 9 VAC 25-870-112.
Individual on-lot stormwater facilities that are designed to primarily manage the runoff from the individual residential lot on which they are located require a County residential lot BMP inspection and maintenance agreement acknowledging the presence, purpose, location, and basic maintenance requirements for the particular BMP facilities in accordance with County requirements.
Reference: 9 VAC 25-870-112.
Elements of the stormwater management plans 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.
Stormwater management plans for residential, commercial or industrial subdivisions are approved and govern the development of individual parcels within that plan, throughout the development life even if ownership changes.
Reference: Va. Code § 62.1-44.15:28A7.
A pollution prevention (PP) plan is required for all VSMP land-disturbing activities as required in § 143-125 and shall be developed for incorporation into the SWPPP.
The pollution prevention plan shall be developed in accordance with the Frederick County VSMP Manual to minimize the discharge of pollutants and the exposure of materials to stormwater and prohibit illicit discharges from construction activities.
Upon receipt of a plan for a land-disturbing permit and accompanying plans as required by § 143-150, the administrator shall determine the completeness of the application and notify the applicant within 15 calendar days if the submittal is considered incomplete.
Once the applicant has been notified of a complete submittal, the administrator shall have an additional 60 calendar days from the date of the communication for the review of the plans to determine compliance with the requirements of this chapter and to communicate to the applicant the approval or disapproval of the plans.
If a determination of completeness is not made and communicated to the applicant within the 15 calendar days, the plans shall be deemed complete as of the date of submission, and a total of 60 calendar days from the date of submission shall be allowed for the review of the plans.
If the plans are not approved, the reasons for not approving the plans shall be provided in writing to the applicant.
The administrator shall review within 45 calendar days of the date of resubmission any plans that have been previously disapproved.
Unless otherwise indicated in the application, electronic communication shall be considered communication in writing.
No land-disturbing activities shall commence until a pre-construction meeting between the administrator and the applicant, and the individual responsible for carrying out the plan, has been conducted. The applicant shall notify the administrator in advance to schedule the meeting on site.
Permit issuance. Once the requirements for obtaining a Frederick County land-disturbing permit and coverage under the state general permit for discharges from construction activity (if applicable) have been met, including the receipt or verification of payment of all required permit fees in accordance with the fee schedule of § 143-235, the administrator will issue a Frederick County land-disturbing permit and a VSMP authority permit. Prior to the initiation of an application, by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50%, for a permit under this chapter, all delinquent real estate taxes and any other charges that constitute a lien on the subject property that are owed to the County and have been properly assessed against the subject property must be paid, unless otherwise authorized by the Treasurer.
No transfer, assignment, or sale of the rights granted by virtue of a Frederick County land-disturbing permit shall be made unless a written notice of transfer and corresponding permit modification fee is filed with the administrator and the transferee certifies agreement to comply with all obligations and conditions of the permit. The administrator may require modification or revocation and reissuance of the VSMP authority permit to change the name of the permittee and incorporate such other requirements as may be necessary for the transfer.
If land-disturbing activity has not commenced within 180 days of land-disturbing or VSMP authority permit issuance or ceases for more than 180 days, the administrator may evaluate the existing approved ESC plan to determine whether the plan still satisfies local and state erosion and sediment control criteria and to verify that all design factors are still valid. If the previously filed ESC plan is determined to be inadequate, a modified plan shall be submitted and approved prior to the resumption of land-disturbing activity.
Reference: 9 VAC 25-840-80B.
VSMP authority permits are effective for a fixed permit cycle of five years. Activities requiring a VSMP permit may obtain coverage at any time during the five-year permit cycle and must be renewed if the permit has not been terminated prior to the end of the cycle. The annual permit maintenance fees in § 143-235 apply until the permit coverage is terminated or renewed.
Land-disturbing activities for which VSMP permit coverage was issued between July 1, 2009, and June 30, 2014, for that permit cycle may remain subject to the technical criteria of Part II C of the Virginia Stormwater Regulations for two additional permit cycles, provided coverage under the original VSMP permit is maintained. After two permit cycles have passed, or should the original VSMP permit coverage not be maintained, portions of the project not under construction shall become subject to any new technical criteria adopted by the VSMP authority after the original VSMP permit coverage was issued.
Land-disturbing activities for which VSMP permit coverage was issued between July 1, 2009, and June 30, 2014, for that permit cycle may elect to modify the permit by paying the appropriate permit modification fee and request approval for compliance with the technical criteria of Part II B for any remaining portions of the project.
Reference: Va. Code § 62.1-44.15:24: 9 VAC 25-870-47.
Frederick County may grant exceptions or modify the ESC requirements of land-disturbing activities if the requirements are deemed inappropriate or too restrictive for site conditions by granting a variance. A variance may be granted under the following conditions:
At the time of plan submission, an applicant may request a variance from the requirements of an erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed shall be documented in the plan.
During construction, the person responsible for implementing the approved plan may request a variance in writing from the administrator. The administrator shall respond in writing either approving or disapproving such a request. If the administrator does not approve a variance within 10 days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation.
The administrator shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage.
The administrator may grant exceptions to the technical criteria of § 143-165, SWM plan requirements. An exception may be granted, provided that:
The exception is the minimum necessary to afford relief;
Reasonable and appropriate conditions shall be imposed as necessary upon any exception granted so that the intent of this chapter is preserved;
Granting the exception will not confer any special privileges that are denied in other similar circumstances;
Exception requests are not based upon conditions or circumstances that are self-imposed or self-created; and
Economic hardship alone is not sufficient reason to grant an exception from these requirements.
Under no circumstance shall an exception to the requirement that the land-disturbing activity obtain required VSMP permits be granted, nor shall the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse website be approved.
Amendments to an approved ESC plan may be made once the proposed change has been agreed to by the administrator and the person responsible for carrying out the plan in the following cases:
Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or
Where the person responsible for carrying out the approved plan demonstrates that because of changed circumstances or for other reasons the approved plan cannot effectively be carried out and proposed amendments to the plan are consistent with the requirements of this chapter.
Amendments to an approved SWM plan may be made only after review and written approval by the administrator. An approved plan may be modified in accordance with the following:
The person responsible for carrying out the approved plan demonstrates in writing to the administrator that because of changed circumstances or for other reasons the approved plan cannot effectively be carried out and has proposed amendments to the plan with all necessary calculations and documents consistent with the requirements of this chapter (refer to § 143-165).
The administrator shall have 60 calendar days to respond in writing either approving or disapproving such requests.
Based on an inspection, the administrator may require amendments to the approved stormwater management plan to address any deficiencies within a time frame set by the administrator.
Amendments to an approved SWPPP plan may be required in order to reflect changes in the implementation of an approved ESC or SWM plan. In addition to the requirements of Subsection A and B of this section, the site operator shall document the implementation of the provisions of the SWPPP as follows:
The operator shall amend the SWPPP whenever there is a change in design, construction, operation, or maintenance that may have a significant effect on the discharge of pollutants from the construction activity and that has not been previously addressed in the SWPPP.
The SWPPP must be amended if during inspections or investigations by the operator's qualified personnel, or by the administrator, state or federal officials, it is determined that the existing control measures are ineffective in minimizing pollutants in stormwater discharges from the construction site.
Where revisions to the SWPPP include additional or modified control measures designed to correct problems identified, and where such revisions to the SWPPP require the administrator's approval, the additional control measures shall be completed within seven calendar days of approval or prior to the next anticipated storm event. If implementation before the next anticipated storm event is impracticable, the situation shall be documented in the SWPPP and alternative control measures shall be implemented as soon as practicable.
Revisions to the SWPPP must be dated and signed in accordance with Section III of the VSMP permit. Changes to any component of an approved SWPPP with VSMP permit coverage that result in changes to stormwater management plans or that require additional review by the administrator shall be subject to permit modification fees set out in § 143-235.
All erosion and sediment control measures must be periodically inspected by the individual responsible for carrying out the plan and/or the operator and properly maintained in effective operating condition in accordance with the approved plans and the VESCH. If site inspections identify control measures that are not operating effectively, maintenance shall be performed as soon as practicable to maintain the continued effectiveness of stormwater controls.
Reference: Va. Code § 62.1-44.15:58A: 9 VAC 25-840-60.
The VSMP authority will inspect all regulated land-disturbing activities to ensure compliance with the approved ESC plan in accordance with the County and state requirements. The owner, permittee or person responsible for carrying out the plan or agreement may be given notice of the inspection.
Reference: Va. Code § 62.1-44.15:58.
The County requires that stormwater management facilities are inspected and the construction of such facilities are certified in accordance with Subsection D of § 143-210. The VSMP authority may also inspect the construction of permanent stormwater management facilities at critical stages of construction and in accordance with the Virginia BMP Design Specifications to ensure compliance with the approved plans.
Reference: Va. Code § 62.1-44.15:37.
The right of entry for the VSMP authority to conduct such inspections shall be expressly reserved in the permit. The permit holder, or his duly designated representative, shall be afforded the opportunity to accompany the inspectors.
Reference: § 62.1-44.15:39, Right of entry.
The County will accept the submittal of inspection reports certifying that the stormwater management facilities are being constructed in accordance with the approved plan conducted by:
A person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia;
A person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or
A person who holds a certificate of competence in stormwater inspection from the Board.
The VSMP authority will inspect all regulated land-disturbing activities covered by a VSMP authority permit to ensure the operator is conducting and documenting the operator inspections as required by the County and is appropriately updating the PP plan as required by the County. The owner, permittee or person responsible for carrying out the plan or agreement may be given notice of the inspection.
All land-disturbing activities covered by a VSMP permit shall be inspected by the operator in accordance with the requirements of the County. The operator shall maintain records of inspections and maintenance in order to determine whether the measures required in the ESC plan are effective in controlling erosion and sedimentation and to ensure compliance with the approved plan. Records shall be made available to the administrator or the VSMP authority inspector upon request.
Prior to the release of any performance bonds or termination of the VSMP authority permit, the applicant shall submit the required as-built drawings for the stormwater management facilities as described in § 143-165.
Reference: 9 VAC 25-870-108.
On a fiscal year basis (July 1 to June 30), a VSMP authority shall report to the Department by October 1 of each year in a format provided by the Department. The information to be provided shall include the following:
Information on each permanent stormwater management facility completed during the fiscal year to include type of stormwater management facility, geographic coordinates, acres treated, and the surface waters or karst features into which the stormwater management facility will discharge;
Number and type of enforcement actions during the fiscal year; and
Number of exceptions granted during the fiscal year.
A VSMP authority shall keep records in accordance with the following:
Project records, including approved stormwater management plans, shall be kept for three years after state permit termination or project completion.
Stormwater management facility inspection records shall be documented and retained for at least five years from the date of inspection.
Construction record drawings shall be maintained in perpetuity or until a stormwater management facility is removed.
All registration statements submitted in accordance with 9 VAC 25-870-59 shall be documented and retained for at least three years from the date of project completion or state permit termination.
Owners of stormwater management facilities shall be responsible for conducting inspections and performing maintenance in accordance with the recorded stormwater BMP maintenance agreement as described in § 143-165 and in accordance with County requirements. In regards to individual residential lots, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the administrator. Provisions for this are addresses in Frederick County's SWP BMP Inspection and Maintenance Program manual.
If a recorded instrument is not required pursuant to § 143-215A, the administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the administrator.
Reference: 9 VAC 25-870-112.
The administrator will ensure that all stormwater management facilities are being inspected and maintained according to the following:
The administrator shall track the five-year-frequency comprehensive inspection report submittals as required by the recorded maintenance agreement and in accordance with County requirements. The administrator shall conduct maintenance inspections at a minimum of once every five years for certain BMPs as defined by County requirements.
The right of entry for the administrator to conduct such inspections shall be expressly reserved in the maintenance agreements. The owner, or his duly designated representative, shall be afforded the opportunity to accompany the inspectors.
The administrator shall notify the property owner or owners' association in writing in accordance with § 143-225A(1) to the address as identified in the SWM BMP inspection and maintenance agreement when a determination has been made that the stormwater management facility is in disrepair or is not functioning as intended. The notice shall specify the measures needed to comply with the approved maintenance plan and shall specify the time within which such measures shall be completed. If the responsible party fails to perform such maintenance and repair, the County shall have the authority to initiate enforcement action in accordance with § 143-225D and perform the work and recover the costs from the responsible party.
If, during inspections at any stage of the land-disturbing activity, the administrator determines that the operator has failed to comply with the approved plan, including but not limited to failure to install or properly install stormwater BMP facilities or erosion and sediment controls, the administrator shall serve notice upon the permittee or person responsible for carrying out the permit conditions as follows:
A notice to comply shall be sent as follows:
The notice shall specify the measures necessary to comply with the plan or agreement in lieu of a plan and shall specify the time within which such measures shall be completed.
If a permittee fails to comply with a notice to comply issued in accordance with Subsection A(1) within the time specified, the administrator may issue an order requiring the owner, permittee, or person responsible for carrying out the approved plan to cease all land-disturbing activities until the violation of the permit has ceased or the specified corrective actions have been taken. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the registration statement, or by personal delivery by an agent of the VSMP authority or Department.
In addition to the cessation of all land-disturbing activities as described in Subsection A(3)(a) above, the permittee may also be subject to having the VSMP authority permit revoked, and furthermore, he shall be deemed to be in violation of this chapter and, upon conviction or adjudication of violation, shall be subject to the penalties as provided in the Code of Virginia or by this chapter.
Reference: Va. Code §§ 62.1-44.15:63, 62.1-44.15:48.
Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in surface waters within the watersheds of the state, or where the land-disturbing activities have commenced without an approved plan, agreement in lieu of a plan or any required permits, such an order may be issued without regard to whether or not the owner or permittee has been issued a notice to comply.
If, at any stage of the land-disturbing activity, the VSMP authority determines that the physical conditions on the site are not as stated or shown on the approved erosion and sediment control plan or stormwater management plan, or the County determines that the storm drainage system or stormwater management facility is inadequate or not constructed as shown on the approved stormwater management final plan, the VSMP authority may refuse to approve further work and the County may revoke existing permits or approvals until a revised stormwater management final plan has been submitted and approved.
Commencing land-disturbing activities without an approved plan or a permit.
If land-disturbing activities have commenced without an approved plan, an agreement in lieu of a plan, or a VSMP authority permit where required, a stop-work order may be issued requiring that all land-disturbing activities be stopped until an approved plan, an agreement in lieu of a plan or any required permits are obtained.
The stop-work order shall remain in effect for a period of seven calendar days from the date of service pending application by the administrator or alleged violator for appropriate relief to the Circuit Court of the jurisdiction wherein the violation is alleged to have occurred. If the alleged violator has not obtained an approved plan, agreement in lieu of a plan or any required permits within seven days from the date of service of the order, the Director may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan, agreement in lieu of a plan or any required permits have been obtained. The order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the County.
The owner may appeal the issuance of an order to the Circuit Court.
Maintenance of permanent stormwater facilities.
If during periodic inspections to ensure that stormwater management facilities are being adequately maintained as designed, the VSMP authority identifies operational deficiencies and/or determines that the owner of the stormwater management facility has failed to perform maintenance or conduct maintenance inspections in accordance with the recorded SWM BMP maintenance and inspection agreement, the VSMP authority shall notify the person or organization responsible for carrying out the requirements of the agreement. The notice shall specify the deficiencies, the corrective actions required to restore the facility, and the time frame within which the corrective actions shall be completed.
If the individual or organization fails to comply with the notice within the time specified, the VSMP authority may initiate informal and/or formal administrative enforcement procedures, including but not limited to directives issued by the Board in accordance with Va. Code § 62.1-44.15:25 or civil or criminal penalties in accordance with this chapter and Va. Code §§ 62.1-44.15:48 and 62.1-44.15:63.
Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the VSMP authority or any provisions of this chapter may be compelled in a proceeding instituted in any appropriate court by the VSMP authority to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Nothing in this section shall prevent the VSMP authority from taking additional enforcement action permitted by state law.
Any person who violates any provision of this chapter or of any regulations or ordinances, or standards and specifications adopted or approved hereunder, including those adopted pursuant to a VSMP permit, or who fails, neglects or refuses to comply with any order of the VSMP authority, the Department, the Board, or court, other than any violation that relates solely to the erosion and sediment control requirements of any of the foregoing, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.
Reference: § 62.1-44.15:48 of the Code of Virginia.
Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following:
No permit registration;
SWPPP not available for review;
Failure to install stormwater BMP or erosion and sediment controls;
Stormwater BMP facilities improperly installed or maintained;
Failure to conduct required inspections;
Incomplete, improper, or missed inspections;
Discharges not in compliance with the requirements of the VSMP construction general permit; and
No approved erosion and sediment control plan.
The administrator may issue a summons for collection of the civil penalty, and the action may be prosecuted in the appropriate court.
In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance.
Any civil penalties assessed by a court as a result of a summons issued by Frederick County shall be paid into the treasury of the Frederick County to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of Frederick County and abating environmental pollution therein in such manner as the court may, by order, direct.
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 Frederick County or the Department, any condition of a permit, or any order of a court, other than any violation that relates solely to the erosion and sediment control requirements of any of the foregoing, shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $2,500 nor more than $32,500, either or both.
Notwithstanding any other civil or equitable remedy provided by this section, any person who violates any provision of this chapter, any order of Frederick County or the Department, any condition of a permit, or any order of a court relating to the erosion and sediment control requirements of any of the foregoing shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
Reference: Va. Code §§ 62.1-44.15:63, 62.1-44.15:48.
Any permit applicant, permittee, or person subject to the Frederick County land-disturbing permit, VSMP authority permit, or state permit requirements under this chapter aggrieved by any action of the Department of Public Works taken without a formal hearing or by inaction of the Department of Public Works may demand, in writing, a formal hearing by the County Board of Supervisors, provided a petition requesting such hearing is filed with the Board of Supervisors within 30 days after notice of such action. Any hearings conducted by the Board of Supervisors shall be in accordance with § 62.1-44.15:45 of the Code of Virginia. Hearings must be conducted by the Board of Supervisors at a regular or special meeting. In reviewing the agent's actions, the County Board of Supervisors shall consider evidence and opinions, and the County Board of Supervisors may affirm, reverse or modify the action. Verbatim record of proceedings must be taken and filed with the County Board of Supervisors. The County Board of Supervisors' decision shall be final, subject only to review by the Circuit Court of the County.
References: Va. Code § 62.1-44.15:44, Right to hearing, and § 62.1-44.15:45, Hearings.
Any permittee or party aggrieved by a state permit or enforcement decision of the Frederick County Public Works under this chapter, or any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Department of Public Works or Board of Supervisors under this chapter, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the Constitution of the United States. Final decisions shall be subject to review and appeal to the Circuit Court of the County, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in the land disturbance activity occurs or is proposed to occur. Unless otherwise provided by law, the Circuit Court shall conduct such review in accordance with the standards established in § 2.2-4027, and the decisions of the Circuit Court shall be subject to review by the Court of Appeals. A person shall be deemed to meet such standard if i) such person has suffered an actual or imminent injury that is an invasion of a legally protected interest and that is concrete and particularized; ii) such injury is fairly traceable to the decision of the Department or the Board and not the result of the independent action of some third party not before the court; and iii) such injury will likely be redressed by a favorable decision by the Court.
The Board of Supervisors, by resolution, may establish a schedule of fees for the application, modification, transfer and maintenance of stormwater/erosion and sediment control permits and plans.
Prior to the issuance of any land-disturbing permit, the owner or permittee shall execute and file with the administrator a Frederick County erosion and sediment control and stormwater management performance agreement and cash escrow or irrevocable letter of credit (or other form of a performance bond as approved by the Frederick County Attorney) in an amount determined in accordance with the Frederick County bond estimate worksheet which shall be equal to the approximate total cost of providing erosion and sediment control and stormwater quality and quantity improvements as required by this chapter and shown on the approved plans in addition to a twenty-five-percent contingency of the total bond amount.
The Frederick County erosion and sediment control and stormwater management performance agreement and performance bond is to ensure that measures could be taken by Frederick County at the applicant's expense should he fail, after proper notice as outlined in § 143-225, within the time specified to initiate or maintain appropriate actions which may be required of him by the permit conditions as a result of his land-disturbing activity. If Frederick County takes such action upon such failure by the applicant, Frederick County may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held.
Upon successful completion of the land-disturbing activity, to include submittal of the construction as-built drawings of permanent stormwater management facilities described in § 143-165 and prior to termination of the VSMP permit, the owner or permittee must provide written notification to Frederick County. Upon verification of adequate stabilization of land-disturbing activity in the project or any section thereof, the Director shall reduce, return, or terminate the required bond, cash escrow or irrevocable letter of credit to the owner, as the case may be, within 60 days.