[HISTORY: Adopted by the Board of Supervisors of the County
of Frederick 7-14-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 143, Stormwater/Erosion and Sediment Control, adopted
5-28-2014, as amended.
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.
A.Â
The purpose of this chapter is to establish minimum stormwater management
and erosion and sediment control requirements which:
(1)Â
Reduce flood damage to property; minimize the impacts of increased
stormwater runoff from new land development.
(2)Â
Maintain the hydraulic adequacy of existing and proposed culverts,
bridges, dams, and other structures.
(3)Â
Prevent, to the greatest extent feasible, an increase in nonpoint
source pollution.
(4)Â
Maintain the integrity of stream channels for their biological
functions and drainage.
(5)Â
Maintain natural drainage patterns to the extent practicable
to promote existing hydrologic processes.
(6)Â
Promote infiltration of stormwater to recharge groundwater resources.
(7)Â
Minimize the impact of development upon stream erosion.
(8)Â
Preserve and protect water supply facilities from increased
flood discharges, stream erosion, and nonpoint source pollution.
(9)Â
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.
(10)Â
Provide effective control of soil erosion and sediment deposition
and to prevent the unreasonable degradation of properties, stream
channels, waters, and other natural resources.
A.Â
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."
B.Â
Pursuant to the Code of Virginia, § 62.1-44.15:54, the
Frederick County Public Works Department is designated as the Virginia
Erosion and Sediment Control Program (VESCP) authority to operate
a Virginia Erosion and Sediment Control Program in Frederick County,
Virginia, and for the Towns of Middletown and Stephens City in compliance
with all required elements hereto.
C.Â
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 Frederick County, Virginia, and for
the Towns of Middletown and Stephens City in compliance with all required
elements hereto.
In addition to the definitions set forth in 9 VAC 25-870-10
of the Virginia Stormwater Management Program (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 for the purposes of this chapter, unless the context clearly
indicates otherwise:
The Virginia Stormwater Management Program (VSMP) authority
and Virginia Erosion and Sediment Control Program (VESCP) authority
has been designated to the Frederick County Public Works Department
responsible for administering the VSMP and VESCP on behalf of Frederick
County, Virginia.
A contract between the VESCP 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
VESCP authority in lieu of a formal site plan for the residence.
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 applying for a land disturbance permit and/or
a stormwater permit or any person submitting an erosion and sediment
control plan for approval or any person submitting a stormwater management
plan for approval.
A site-specific design plan for the implementation of BMPs
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.
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.
The Virginia State Water Control Board.
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:
Project inspection for ESC;
Project inspection for SWM;
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;
Plan review for SWM;
Program administration for ESC;
Administration for SWM; or
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.
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.
Any activity which removes vegetative ground cover, including,
but not limited to, root material removal or topsoil removal.
The initial disturbance of soils associated with clearing,
grading, or excavating activities or other construction activities
(e.g., stockpiling of soil fill material).
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.
Any best management practice or stormwater facility other
method used to prevent or reduce the discharge of pollutants to surface
waters.
County of Frederick, Virginia.
The Department of Environmental Quality.
For purposes of addressing quantity control provisions of § 143-165, means the one-year, two-year, ten-year, twenty-four-hour design storms as defined in § 143-145E. 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.
Either or both of the following:
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.
A tract or parcel of land developed or to be developed as a
single unit under single ownership or unified control which is to
be used for any business or industrial purpose or is to contain three
or more residential dwelling units.
The Director of Frederick County Public Works or assigned
designee.
A land area, water area, or both, from which runoff flows
to a common point.
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 to ensure that the entire unit or
units of land will be so treated to achieve the conservation objectives.
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.
An area of land not associated with current 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.
One of the following situations has occurred:
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), mature enough to survive, and
will inhibit erosion.
For individual lots in residential construction, final stabilization
can occur by either:
The homebuilder completing final stabilization as specified in Subsection A of this definition; or
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.
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 of this definition.
The portion of the floodplain outside the floodway that is
usually covered with water from the 100-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 100-year flood or storm event. This includes, but is not
limited to, the floodplain designated by the Federal Emergency Management
Agency.
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
to discharge the 100-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.
A state permit authorizing a category of discharges under
the CWA and the Act within a geographical area.
Any excavating or filling of earth material or any combination
thereof, including the land in its excavated or filled conditions.
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
issued under this chapter, "immediately" is used to define the deadline
for initiating stabilization measures.
Surface waters identified as impaired on the most recent
Water Quality Assessment Integrated Report.
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.
Prepping the soil for vegetative or nonvegetative stabilization;
Applying mulch or other nonvegetative product to the exposed
area;
Seeding or planting the exposed area;
Starting any of the above activities on a portion of the area
to be stabilized, but not on the entire area; or
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 VESCP
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.
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.
Sinkholes, sinking and losing streams, caves, large flow
springs, and other such landscape features found in karst areas.
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 permit or other form of approval issued by the County for
the clearing, filling, excavating, grading, transporting of land or
for any combination thereof or for any similar activity.
A conceptual drawing sufficient to provide for the specified
stormwater management facilities required at the time of approval.
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.
The portion of the stormwater conveyance system that contains
the base flow and small frequent storm events.
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 regulation.
Constructed by man.
A storm event resulting in an actual discharge from the construction
site.
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.
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 recreating
a stream that conveys its bank full storm event within its banks and
allows larger flows to access its floodplain.
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.
The owner or owners of the freehold of the premises or lesser
estate therein, mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, or other person, firm, or corporation
in control of a property.
The maximum instantaneous flow from a prescribed design storm
at a particular location.
The impervious area within the site divided by the area of
the site multiplied by 100.
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 land-disturbing permit or approval
is issued, and/or the person to whom the VSMP permit is issued, and/or
the person who certifies that the approved erosion and sediment control
plan will be followed and/or the person who certifies that the approved
stormwater plan will be followed.
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.
A location at which concentrated stormwater runoff is released.
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.
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.
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 who assesses
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) Regulations,
9 VAC 25-870-10 et seq., as amended; the Virginia Erosion and Sediment
Control Regulations, 9 VAC 25-840-10 et seq., as amended; or the general
VPDES permit regulations, 9 VAC 25-880-10 et seq., as amended.
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:
Holds a certificate of competence as a responsible land disturber;
or
Holds a current certificate of competence from the Board in
the area of inspection; or
Holds a current contractor certificate of competence for erosion
and sediment control; or
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.
Include maximum velocity, peak flow rate, volume, and flow
duration.
That portion of precipitation that is discharged across the
land surface or through conveyances to one or more waterways.
The volume of water that runs off the site from a prescribed
design storm.
A noncommercial dwelling that is designed to be 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.
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.
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 a municipal separate storm
sewer system (MS4). Under these state permits, the state 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 Virginia Stormwater Management 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.
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.
A combination of drainage components that are used to convey
stormwater discharge, either within or downstream of the land-disturbing
activity. This includes:
MAN-MADE STORMWATER CONVEYANCE SYSTEMA pipe, ditch, vegetated swale, or other stormwater conveyance system constructed by man except for restored stormwater conveyance systems;
NATURAL CONVEYANCE SYSTEMThe main channel of a natural stream and the flood-prone area adjacent to the main channel; or
RESTORED CONVEYANCE SYSTEMA stormwater conveyance system that has been designed and constructed using natural channel design concepts. Restored stormwater conveyance systems include the main channel and the flood-prone area adjacent to the main channel.
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.
Documents developed at the preliminary plan, zoning, or other
state of the development process that establish the initial layout
of the development along with sufficient information to ensure that
the final development stormwater management plan will comply with
this chapter.
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.
Documents containing material for describing methods for
complying with the requirements of this chapter and the VSMP permit
regulations.
Documents prepared in accordance with good engineering practices
and that identify 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.
Documents intended to be used for single-family residential
construction 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).
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;
All interstate waters, including interstate wetlands;
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:
That are used or could be used by interstate or foreign travelers
for recreational or other purposes;
From which fish or shellfish are or could be taken and sold
in interstate or foreign commerce; or
That are used or could be used for industrial purposes by industries
in interstate commerce;
All impoundments of waters otherwise defined as surface waters
under this definition;
The territorial sea; and
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.
Either of the incorporated Towns of Middletown or Stephens
City.
The County, which has adopted a soil erosion and sediment
control program that has been approved by the Board, is the Virginia
Erosion and Sediment Control Permit Program authority for issuance
of land-disturbing permits, plan review, inspections, and enforcement
of compliance with applicable laws and regulations, in the County
and in the Towns of Middletown and Stephens City.
A program approved by the Board that has been established
by a VESCP authority for the effective control of soil erosion, sediment
deposition, and nonagricultural runoff associated with a land-disturbing
activity to prevent the unreasonable degradation of properties, stream
channels, waters, and other natural resources and shall include items
where applicable 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 this chapter, and evaluation consistent with the
requirements of this chapter and its associated regulations.
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 state, including, but not limited
to, clearing, grading, excavating, transporting, and filling of land,
except that the term shall not include:
Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs and maintenance work;
Individual service connections;
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;
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;
Permitted surface or deep mining operations and projects, or
oil and gas operations and projects conducted pursuant to Title 45.1;
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;
Repair or rebuilding of the tracks, right-of-way, bridges, communication
facilities and other related structures and facilities of a railroad
company;
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;
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;
Installation of fence and signposts or telephone and electric
poles and other kinds of posts or poles;
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 and the regulations adopted pursuant thereto; and
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.
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.
Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter
3.1 of Title 62.1 of the Code of Virginia.
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.
The County, which has adopted a stormwater management program
that has been approved by the Board, is the VSMP authority for issuance
of VSMP authority permits, plan review, inspections, and enforcement
of compliance with applicable laws and regulations in the County and
in the Towns of Middletown and Stephens City. A program approved by
the Board after September 13, 2011, 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 Act and associated regulations.
The program established by the County and approved by the
Board to manage the quality and quantity of runoff resulting from
land-disturbing activities and includes the County's local ordinance
and requirements for plan review, inspection, enforcement, permit
requirements, policies and guidelines, and technical materials.
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:
Permitted surface or deep mining operations and projects, or
oil and gas operations and projects conducted under the provisions
of Title 45.1.
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.
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.
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.
Discharges to a sanitary sewer or a combined sewer system.
Activities under a state or federal reclamation program to return
an abandoned property to an agricultural or open land use.
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.
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.
The general permit for discharges of stormwater from construction
activities found in 9 VAC 25-880 of the Virginia Stormwater Management
Program Regulations.
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
groundwater 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.
A.Â
No person shall conduct a VESCP land-disturbing activity as defined in § 143-110 until the County land-disturbing permit has been obtained from the Administrator and maintains in good standing a permit entitling such person and any contractor or agent of such person to conduct such activity. No permit involving land-disturbing activity will be issued without an approved erosion and sediment control plan by Frederick County and certification that the plan will be carried out by the designated responsible land disturber. Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all associated permits required by federal, state and local laws and regulations shall be obtained, and evidence of such permits submitted to the County.
Reference: § 62.1-44.15:55.
B.Â
No person shall conduct a VSMP land-disturbing activity as defined in § 143-110 until a Frederick County land-disturbing permit as required in Subsection A and a VSMP authority permit have been obtained from the Administrator and maintains in good standing a permit entitling such person and any contractor or agent of such person to conduct such activity. No permit involving a VSMP land-disturbing activity will be issued without an approved stormwater plan by the County.
Reference: § 62.1-44.15:34A.
A.Â
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:
(1)Â
Completed Frederick County land-disturbing permit application;
(2)Â
The approved erosion and sediment control plan or an executed
agreement in lieu of an erosion and sediment control plan;
(4)Â
The applicable permit fee;
(5)Â
Completed land disturbance permit fee calculation form;
(6)Â
All applicable outside agency approvals; and
(7)Â
Copies of all applicable local, state, and federal permits.
B.Â
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:
(2)Â
A stormwater pollution prevention plan (SWPPP) to include all
required elements applicable to a VSMP land-disturbing activity;
(3)Â
A stormwater management plan or an executed agreement in lieu
of a plan that complies with Virginia stormwater requirements and
the County stormwater requirements as outlined in this regulation;
(4)Â
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 a detached
single-family home construction within or outside of a common plan
of development or sale, but such projects must adhere to the requirements
of the general permit (§ 62.1-44.15:28.8);
(5)Â
All applicable fees; and
(6)Â
Evidence of coverage under the state general permit for discharges
from construction activities through the state electronic database.
|
Reference: 9 VAC 25-870-59; 9 VAC 25-870-108; 9 VAC 25-870-750;
§ 62.1-44.15:34.
|
C.Â
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:
(2)Â
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; and
(3)Â
A stormwater management plan that complies with Virginia stormwater
requirements and the County stormwater requirements as outlined in
this regulation.
D.Â
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.
|
Reference: § 62.1-44.15:34; 9 VAC 25-870-54; 9 VAC
25-870-108; 9 VAC 25-870-170.
|
A.Â
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 unless otherwise noted in this chapter.
B.Â
The latest approved version of BMPs found on the Virginia Stormwater
BMP Clearinghouse website or the Virginia DEQ 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.
C.Â
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.
D.Â
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.
E.Â
Unless otherwise specified, the following shall apply to the hydrologic
computations of this section:
(1)Â
The prescribed design storms are the one-year, two-year, ten-year
and 100-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.
(2)Â
All hydrologic analyses shall be based on the existing watershed
characteristics and how the ultimate development condition of the
subject project will be addressed.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
All proposed sediment control or stormwater impounding structures
shall be designed in accordance with state standards.
Reference: 9 VAC 25-870-85.
A.Â
Any VSMP 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:
(1)Â
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;
(2)Â
A state permit has not been issued prior to July 1, 2014; and
(3)Â
Land-disturbance did not commence prior to July 1, 2014.
B.Â
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:
(1)Â
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;
(2)Â
A state permit has not been issued prior to July 1, 2014; and
(3)Â
Land disturbance did not commence prior to July 1, 2014.
C.Â
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.
D.Â
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.
E.Â
Nothing in this section shall preclude an operator from constructing
to a more stringent standard at his discretion.
|
Reference: 9 VAC 25-870-48; § 62.1-44.15:25; § 62.1-44.15:28.
|
For each of the following activities as may be relevant, a stormwater
pollution prevention plan (SWPPP) shall contain the indicated components:
B.Â
VSMP land-disturbing activities:
C.Â
D.Â
The requirements for a SWPPP as outlined in 9 VAC 25-870-54 shall
be included with each plan submitted for review.
|
Reference: § 62.1-44.15:34; 9 VAC 25-870-53; 9 VAC
25-870-54; 9 VAC 25-870-30; 9 VAC 25-880-70, Part II.
|
A.Â
In addition to the applicable components as provided in § 143-150, a stormwater pollution prevention plan (SWPPP) shall include all items identified within the Virginia General VPDES Permit for Discharges of Stormwater Construction Activity (General Permit No. VAR10).
B.Â
Prior to engaging in the activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of a qualified person 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: § 62.1-44.15:55B.
C.Â
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.
A.Â
As stated in § 143-150, Frederick County Public Works Department will be the program authority to operate the County's Erosion and Sediment Control 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.
B.Â
As required in § 143-150, an erosion and sediment control plan shall be developed and referenced into the SWPPP where a SWPPP is required. The erosion and sediment control plan shall not be considered approved until reviewed by a certified plan reviewer. When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved, and the person authorized to proceed with the proposed activity.
C.Â
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
all the minimum standards as outlined in 9 VAC 25-840-40, incorporate
all requirements for flow rate capacity and velocity requirements
as outlined in § 62.1-44.15:52A of the Code of Virginia
and incorporating the following performance goals to the maximum extent
practicable:
(1)Â
The area of land disturbance at any one time shall be the minimum
necessary to install and/or construct the proposed site improvements.
(2)Â
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.
(3)Â
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.).
(4)Â
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.
(5)Â
Existing topsoil shall be preserved to the maximum extent practical.
(6)Â
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:
(a)Â
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 individual controls being considered using accepted
NRCS hydrologic methods as described in the VESCH and the VSWMH, latest
editions; and
(b)Â
The expected volume of sediment erosion, sedimentation, and
transport during 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.
(7)Â
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 the County in
accordance with state standards.
(8)Â
Sediment basins, when used in accordance with the requirements
of the VESCH, shall incorporate an outlet structure that discharges
from the surface.
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Reference: 9 VAC 25-880-70, Part II.B.2; 9 VAC 25-870-54F; 9
VAC 25-840-40.
|
D.Â
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):
(1)Â
Compliance with the water quantity requirements of § 62.1-44
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).
(2)Â
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.
(3)Â
Calculations for sediment traps, basins, outlet protection,
etc., as applicable.
(4)Â
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.
(6)Â
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.
(7)Â
A comprehensive drainage plan including:
(a)Â
The existing and proposed drainage patterns on the site;
(b)Â
All contributing drainage areas to permanent stormwater practices
and temporary sediment controls;
(c)Â
Existing streams, ponds, culverts, ditches, wetlands, other
water bodies, and floodplains;
(d)Â
Land cover such as forest meadow, and other vegetative areas;
(e)Â
Current land use including existing structures, roads, and locations
of known utilities and easements;
(f)Â
Sufficient information on adjoining parcels to assess the impacts
of stormwater from the site on these parcels;
(g)Â
Proposed buildings, roads, parking areas, utilities, and stormwater
management facilities; and
(h)Â
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.
(8)Â
The location of any stormwater management practices and sequence
of construction.
(9)Â
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.
E.Â
In lieu of the plan described in Subsections A, B, and C 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 structure, may execute an ESC agreement in lieu of an erosion and sediment control plan with the Administrator.
F.Â
In lieu of the plan described in Subsections A, B, and C of this section, single-family residential construction that disturbs less than one acre and 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.
G.Â
Regarding the erosion and sediment control minimum standards as outlined
in 9 VAC 25-840-40, the following more stringent changes are applied
within the County:
(1)Â
Subsection 6b. Surface runoff 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 100-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.
(2)Â
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.
(3)Â
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.
(4)Â
In subdivisions, the owner/developer of the subdivision shall be responsible for compliance with the standard set forth in Subsection G(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.
(5)Â
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:
(a)Â
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.
(b)Â
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.
(c)Â
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.
(d)Â
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.
(6)Â
Before adopting or revising this chapter, 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.
(7)Â
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.
A.Â
As required in § 143-150, a stormwater management plan shall be developed and referenced into the SWPPP.
B.Â
In addition to the plan requirements outlined in § 143-155 and § 143-160, the stormwater management plan shall include the following:
(1)Â
A general description of the proposed stormwater management
facilities, including:
(a)Â
Contact information including name, address, telephone number
and parcel number of the property or properties affected.
(b)Â
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.
(c)Â
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.
(d)Â
The location of stormwater facilities, including geographic
coordinates.
(e)Â
The named surface waters to which the facility eventually drains.
(g)Â
Hydrologic/hydraulic computations, including runoff characteristics.
(h)Â
Documentation/calculations verifying compliance with water quality
and quantity requirements of the regulations.
(j)Â
Soil types, geologic formations if karst features are present
in the area, forest cover, other vegetative areas.
(k)Â
Current land use including existing structures, roads, locations
of known utilities and easements.
(l)Â
Sufficient information on adjoining parcels to assess impacts
of stormwater from the site on these parcels.
(m)Â
Limits of clearing and grading, proposed drainage patterns on
the site.
(n)Â
Proposed buildings, roads, parking areas, utilities, stormwater
management facilities.
(o)Â
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.
(p)Â
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.
(q)Â
A stormwater management plan shall consider all sources of surface
runoff and all sources of subsurface and groundwater flows converted
to surface runoff.
(r)Â
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.
(2)Â
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 BMPs are
built in accordance with the approved plans and BMP Design Standards
and Specifications.
(3)Â
Runoff Reduction Method compliance spreadsheet summary sheet.
(4)Â
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.
(5)Â
Identification of all easements provided for inspection and
maintenance of stormwater management facilities in accordance with
specifications in the Stormwater Management Design Manuals and the
County requirements.
(6)Â
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.
(7)Â
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.
(8)Â
If an applicant intends to meet the water quality requirements of Subsection C of this section using off-site compliance options, 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 off-site compliance options (9 VAC 25-870-69).
C.Â
Stormwater management (SWM) plans shall demonstrate compliance with
the following:
(1)Â
Stormwater runoff quality and runoff volume reduction criteria
for new development.
Reference: 9 VAC 25-870-63.
(2)Â
Stormwater runoff quality criteria for development on prior
developed lands.
Reference: 9 VAC 25-870-63.
(3)Â
Channel protection criteria.
Reference: 9 VAC 25-870-66.
(4)Â
Flood protection criteria.
Reference: 9 VAC 25-870-66.
(5)Â
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.
D.Â
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 state 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.
Reference: 9 VAC 25-870-108; 9 VAC 25-870-55D.
E.Â
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 to demonstrate compliance with the practices and strategies
identified in the larger common plan of development SWPPP.
F.Â
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 record prior to issuance
of a permit and contain the following provisions:
(1)Â
A copy of the 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.
(2)Â
Responsibility for the operation and maintenance of stormwater
management facilities shall remain with the property owner or an owner's
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.
(3)Â
Maintenance agreements shall be in accordance with the County
requirements (BMP Inspection and Maintenance Program) and provide
for all necessary access for inspections.
Reference: § 62.1-44.15:39; 9 VAC 25-870-112.
(4)Â
Except as provided in Subsection F(5) below, maintenance agreements shall be enforceable (by the Administrator).
Reference: 9 VAC 25-870-112.
(5)Â
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 BMPs in accordance
with County requirements.
Reference: 9 VAC 25-870-112.
(6)Â
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 state pursuant to Article 1 (§ 54.1-400
et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
(7)Â
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: § 62.1-44.15:28.7.
A.Â
A pollution prevention plan (PPP) is required for all VSMP activities as required in § 143-125, and shall be developed for incorporation into the SWPPP.
B.Â
The PPP shall be developed in accordance with the County VSMP Manual
to minimize the discharge of pollutants and the exposure of materials
to stormwater, and prohibit illicit discharges from construction activities.
C.Â
The PPP shall be implemented and updated as outlined in § 143-205C and the County VSMP Manual (if adopted) as necessary throughout all phases of the land-disturbing activity to implement appropriate pollution prevention measures applicable to construction activities.
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Reference: 9 VAC 25-870-56, Pollution prevention plans.
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A.Â
Upon receipt of a plan for a 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.
B.Â
Once the applicant has been notified of a complete submittal, the
Administrator shall have an additional 45 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.
C.Â
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.
D.Â
If the plans are not approved, the reasons for not approving the
plans shall be provided in writing to the applicant.
E.Â
The Administrator shall review within 45 calendar days of the date
of resubmission any plans that have been previously disapproved.
F.Â
Unless otherwise indicated in the application, electronic communication
shall be considered communication in writing.
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Reference: § 62.1-44.15:55B; § 62.1-44.15:34A;
9 VAC 25-870-55B; 9 VAC 25-870-108.
|
No land-disturbing activities shall commence until a preconstruction
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.
A.Â
Permit issuance. Once the requirements for obtaining a 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 disturbance 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.
B.Â
No transfer, assignment, or sale of the rights granted by virtue
of a 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.
C.Â
If land-disturbing activity has not commenced within 180 days of
land-disturbing activity 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.
D.Â
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.
E.Â
Land-disturbing activities for which VSMP permit coverage was issued
between July 1, 2009, and June 30, 2014, 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.
F.Â
Land-disturbing activities for which VSMP permit coverage was issued
between July 1, 2009, and June 30, 2014, 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: § 62.1-44.15:24; 9 VAC 25-870-47.
A.Â
Frederick County may grant exceptions or modify the ESC requirements
of activities if they are deemed inappropriate or too restrictive
for site conditions by granting a variance. A variance may be granted
under the following conditions:
(1)Â
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.
(2)Â
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 disapproved.
Following disapproval, the applicant may resubmit a variance request
with additional documentation.
(3)Â
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.
B.Â
The Administrator may grant exceptions to the technical criteria of § 143-165, Stormwater management (SWM) plan requirements. An exception may be granted, provided that:
(1)Â
The exception is the minimum necessary to afford relief;
(2)Â
Reasonable and appropriate conditions shall be imposed as necessary
upon any exception granted so that the intent of this chapter is preserved;
(3)Â
Granting the exception will not confer any special privileges
that are denied in other similar circumstances;
(4)Â
Exception requests are not based upon conditions or circumstances
that are self-imposed or self-created; and
(5)Â
Economic hardship alone is not sufficient reason to grant an
exception from these requirements.
C.Â
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.
D.Â
Exceptions to requirements for phosphorus reductions shall not be allowed unless off-site options available as described in § 143-165B(8) have been considered and found not available.
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Reference: 9 VAC 25-840; 9 VAC 25-870-122.
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A.Â
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:
(1)Â
Where inspection has revealed that the plan is inadequate to
satisfy applicable regulations; or
(2)Â
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.
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Reference: § 62.1-44.15:55C.
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B.Â
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:
(1)Â
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).
(2)Â
The Administrator shall have 60 calendar days to respond in
writing either approving or disapproving such requests.
(3)Â
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.
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Reference: 9 VAC 25-870-108.
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C.Â
Amendments to an approved SWPPP may be required in order to reflect changes in the implementation an approved ESC or SWM plan. In addition to the requirements of Subsections A and B of this section, the site operator shall document the implementation of the provisions of the SWPPP as follows:
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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 require additional review by the Administrator shall be subject to permit modification fees set out in § 143-235.
A.Â
Erosion and sediment control.
(1)Â
The responsible land disturber, as provided by § 62.1-44.15:52,
shall oversee and is responsible for carrying out the land-disturbing
activity and provide for periodic inspections of the land-disturbing
activity. The County may require the person responsible for carrying
out the plan to monitor the land-disturbing activity. The person responsible
for carrying out the plan will maintain records of these inspections
and maintenance, to ensure compliance with the approved plan and to
determine whether the measures required in the plan are effective
in controlling erosion and sedimentation.
(2)Â
The County shall periodically inspect the land-disturbing activity
in accordance with 9 VAC 25-840-60 of the Virginia Erosion and Sediment
Control Regulations to ensure compliance with the approved plan and
to determine whether the measures required in the plan are effective
in controlling erosion and sedimentation. The application for a permit
shall include a provision for appropriate agents and employees of
the County, at reasonable times, to go upon the property on which
permission has been sought to conduct land-disturbing activities and
to monitor such activities. The owner, permittee, or person responsible
for carrying out the plan shall be given notice of the inspection.
(a)Â
If the Administrator determines that there is a failure to comply
with the plan, notice shall be served upon the permittee or person
responsible for carrying out the plan by mailing with confirmation
of delivery to the address specified in the permit application or
in the plan certification, by electronic mail to the address specified
in the permit application, or by delivery at the site of the land-disturbing
activities to the agent or employee supervising such activities.
(b)Â
The notice shall specify the measures needed to comply with
the plan and shall specify the time within which such measures shall
be completed. Upon failure to comply within the specified time, the
permit may be revoked and the permittee or person responsible for
carrying out the plan shall be subject to the penalties provided by
this chapter.
(3)Â
Upon issuance of an inspection report denoting a violation of
Code of Virginia, § 62.1-44.15:55, § 62.1-44.15:56,
the Administrator may, in conjunction with or subsequent to a notice
to comply as specified in this chapter, issue an order requiring that
all or part of the land-disturbing activities permitted on the site
be stopped until the specified corrective measures have been taken.
(a)Â
If land-disturbing activities have commenced without an approved
plan, the Administrator may issue an order requiring that all of the
land-disturbing activities be stopped until an approved plan or any
required permits are obtained.
(b)Â
Where the alleged noncompliance is causing or is in imminent
danger of causing harmful erosion of lands or sediment deposition
in waters within the watersheds of the commonwealth, or where the
land-disturbing activities have commenced without an approved plan
or any required permits, such an order may be issued without regard
to whether the alleged violator has been issued a notice to comply
as specified in this chapter. Otherwise, such an order may be issued
only after the alleged violator has failed to comply with such a notice
to comply.
(c)Â
The order shall be served in the same manner as a notice to
comply and shall remain in effect for a period of seven days from
the date of service pending application by the owner or permit holder
for appropriate relief to the Circuit Court of the County. Said order
shall be posted on the site where the disturbance is occurring and
shall remain in effect until permits and plan approvals are secured.
(d)Â
The owner may appeal the issuance of an order to the Circuit
Court of the County.
(e)Â
Any person violating or failing, neglecting or refusing to obey
an order issued by the Administrator may be compelled in a proceeding
instituted in the Circuit Court of the County to obey same and to
comply therewith by injunction, mandamus or other appropriate remedy.
(f)Â
Upon completion and approval of corrective action or obtaining
an approved plan or any required permits, the order shall immediately
be lifted.
(g)Â
Nothing in this section shall prevent the Administrator from
taking any other action authorized by this chapter.
B.Â
Stormwater.
(1)Â
The VSMP authority will inspect all regulated 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.
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Reference: § 62.1-44.15:58.
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(2)Â
The County requires that stormwater management facilities be inspected, and the construction of such facilities are certified in accordance with Subsection B(4) 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.
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Reference: § 62.1-44.15:37.
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(3)Â
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.
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Reference: § 62.1-44.15:39, Right of entry.
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(4)Â
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)Â
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;
(b)Â
A person who works under the direction and oversight of the
licensed professional engineer, architect, landscape architect, or
land surveyor; or
(c)Â
A person who holds a certificate of competence in stormwater
inspection from the Board.
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Reference: § 62.1-44.15:37.
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(5)Â
The VSMP authority will inspect all regulated 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 PPP 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.
(6)Â
All 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 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.
(7)Â
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. The site
shall be surveyed to determine actual field conditions, and the approved
plans as annotated to reflect actual field conditions shall constitute
the as-built drawing. As-built drawings shall include the following:
(a)Â
Storm sewer systems.
[1]Â
The general location of all drainage structures.
[2]Â
The storm structure top and all pipe invert elevations including
end sections.
[3]Â
Storm pipe size, material and percent grade between inverts
from structure to structure.
[4]Â
Spot elevations of the invert of all man-made ditches at fifty-foot
intervals.
[5]Â
Extent of all riprap outfall protection.
(b)Â
Topographic survey of all constructed SWM/BMP facilities.
(c)Â
The location, size and/or material of all required BMP elements
including but not limited to cleanouts, observation wells, overflow
structures, gravel diaphragms, and flow spreaders.
(d)Â
Confirmation of the volume provided in all ponds and water quality
structures. Deviations from the approved plans shall require new routings
to confirm that the ponds will function as designed.
(e)Â
For residential projects, topographic survey of all disturbed
common space areas to confirm that all slopes and swales are properly
placed and that all drainage patterns have been established in accordance
with the grading plan.
(f)Â
Detailed records of any variations of the work from the approved
plans.
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Reference: 9 VAC 25-870-108.
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(8)Â
Reports; recordkeeping.
(a)Â
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:
[1]Â
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;
[2]Â
Number and type of enforcement actions during the fiscal year;
and
[3]Â
Number of exceptions granted during the fiscal year.
(b)Â
A VSMP authority shall keep records in accordance with the following:
[1]Â
Project records, including approved stormwater management plans,
shall be kept for three years after state permit termination or project
completion.
[2]Â
Stormwater management facility inspection records shall be documented
and retained for at least five years from the date of inspection.
[3]Â
Construction record drawings shall be maintained in perpetuity
or until a stormwater management facility is removed.
[4]Â
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.
A.Â
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. Regarding 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 addressed in the County's SWP BMP Inspection and Maintenance Program manual.
B.Â
If a recorded instrument is not required pursuant to section § 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 methods 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.
C.Â
The Administrator will ensure that all stormwater management facilities
are being inspected and maintained according to the following:
(1)Â
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.
(2)Â
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.
D.Â
The Administrator shall notify the property owner or owners' association in writing in accordance with § 143-225B(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 § 143-225B(6) and perform the work and recover the costs from the responsible party.
A.Â
Erosion and sediment control.
(1)Â
Violators of this chapter shall be guilty of a Class I misdemeanor.
(2)Â
Any person who violates any provision of Code of Virginia, § 62.1-44.15:55, § 62.1-44.15:56, may, upon a finding of the District Court of the County, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of $10,000. Any such civil penalties shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under Subsection A of § 62.1-44.15:63.
(3)Â
The Administrator or the owner of the property which has sustained
damage, or which is in imminent danger of being damaged, may apply
to the Circuit Court of the County to enjoin a violation or a threatened
violation of Code of Virginia, § 62.1-44.15:55, § 62.1-44.15:56,
without the necessity of showing that an adequate remedy at law does
not exist.
However, an owner of property shall not apply for injunctive
relief unless i) he has notified in writing the person who has violated
the local program, and the program authority, that a violation of
the local program has caused, or creates a probability of causing,
damage to his property; and ii) neither the person who has violated
the local program nor the program authority has taken corrective action
within 15 days to eliminate the conditions which have caused, or create
the probability of causing, damage to his property.
(4)Â
In addition to any criminal or civil penalties provided under
this chapter, any person who violates any provision of the Erosion
and Sediment Control Law may be liable to the County in a civil action
for damages.
(5)Â
Without limiting the remedies which may be obtained in this
section, any person violating or failing, neglecting, or refusing
to obey any injunction, mandamus or other remedy obtained pursuant
to this section shall be subject, in the discretion of the court,
to a civil penalty not to exceed $2,000 for each violation. A civil
action for such violation or failure may be brought by the County.
Any civil penalties assessed by a court shall be paid into the
treasury of the County, except that where the violator is the locality
itself, or its agent, the court shall direct the penalty to be paid
into the state treasury.
(6)Â
With the consent of any person who has violated or failed, neglected,
or refused to obey any regulation or condition of a permit or any
provision of this chapter, or order of the VESCP authority, the County
may provide for the payment of civil charges for violations in specific
sums, not to exceed the limit specified in this section. Such civil
charges shall be instead of any appropriate civil penalty which could
be imposed under this section.
(7)Â
The Commonwealth's Attorney shall, upon request of the County,
take legal action to enforce the provisions of this chapter.
(8)Â
Compliance with the provisions of this chapter shall be prima
facie evidence in any legal or equitable proceeding for damages caused
by erosion, siltation or sedimentation that all requirements of law
have been met, and the complaining party must show negligence in order
to recover any damages.
B.Â
Stormwater.
(1)Â
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 BMPs or erosion and sediment controls,
the Administrator shall serve a notice to comply upon the permittee
or person responsible for carrying out the permit conditions as follows:
(a)Â
Certified mail, return receipt requested, sent to the address
specified by the owner or permittee in his application or plan certification;
(b)Â
Electronic mail to the address specified in the permit application;
or
(c)Â
Delivery at the site of the activities to the agent or employee
supervising such activities.
(2)Â
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.
(3)Â
Stop-work order.
(a)Â
If a permittee fails to comply with a notice to comply issued in accordance with Subsection B(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, by electronic mail to the address specified in the permit application, or by personal delivery by an agent of the VSMP authority or Department.
(b)Â
In addition to the cessation of all activities as described in Subsection B(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, shall be subject to the penalties as provided in the Code of Virginia or by this chapter.
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Reference: § 62.1-44.15:63; § 62.1-44.15:48.
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(c)Â
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
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 the owner or permittee has been issued a notice
to comply.
(4)Â
If, at any stage of the 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.
(5)Â
Commencing activities without an approved plan or a permit.
(a)Â
If activities have commenced without an approved plan, agreement
in lieu of a plan, or a VSMP authority permit where required, a stop-work
order may be issued requiring that all activities be stopped until
an approved plan, an agreement in lieu of a plan or any required permits
are obtained.
(b)Â
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 or by electronic mail to the address
specified in the permit application.
(c)Â
The owner may appeal the issuance of an order to the Circuit
Court.
(6)Â
Maintenance of permanent stormwater facilities.
(a)Â
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.
(b)Â
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 § 62.1-44.15:25,
or civil penalties in accordance with this chapter and § 62.1-44.15:48.
(7)Â
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.
(8)Â
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, 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, Code of Virginia.
|
(a)Â
Violations for which a penalty may be imposed under this subsection
shall include, but not be limited to, the following:
[1]Â
No permit registration;
[2]Â
No SWPPP;
[3]Â
Incomplete SWPPP;
[4]Â
SWPPP not available for review;
[5]Â
Failure to install stormwater BMP or erosion and sediment controls;
[6]Â
Stormwater BMPs improperly installed or maintained;
[7]Â
Operational deficiencies;
[8]Â
Failure to conduct required inspections;
[9]Â
Incomplete, improper, or missed inspections;
[10]Â
Discharges not in compliance with the requirements
of the VSMP construction general permit; and
[11]Â
No approved erosion and sediment control plan.
(b)Â
The Administrator may issue a summons for collection of the
civil penalty and the action may be prosecuted in the appropriate
court.
(c)Â
In imposing a civil penalty pursuant to this subsection, the
court may consider the degree of harm caused by the violation and
the economic benefit to the violator from noncompliance.
(d)Â
Any civil penalties assessed by a court because of a summons
issued by the County shall be paid into the treasury of the County
to be used for the purpose of minimizing, preventing, managing, or
mitigating pollution of the waters of the County and abating environmental
pollution therein in such manner as the court may, by order, direct.
(9)Â
Notwithstanding any other civil or equitable remedy provided
by this section, any person who willfully or negligently violates
any provision of this chapter, any order of the County or the Department,
any condition of a permit, or any order of a court 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.
|
Reference: § 62.1-44.15:48.
|
A.Â
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.
|
Reference: Right to hearing, § 62.1-44.15:45, Hearings.
|
A.Â
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:
(1)Â
Such person has suffered an actual or imminent injury that is
an invasion of a legally protected interest and that is concrete and
particularized;
(2)Â
Such injury is 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
(3)Â
Such injury will likely be redressed by a favorable decision
by the court.
A.Â
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.
B.Â
The fee for the Frederick County permit and fees for coverage under
the VSMP authority permit shall be imposed in accordance with Table
1. When a site or sites have been purchased for development within
a previously permitted common plan of development or sale, the applicant
shall be subject to fees in accordance with the disturbed acreage
of their site or sites according to Table 1.
|
Reference: Part XIII of the VSMP Regulations.
|
|
Table 1: Fees for Coverage Under the VSMP Construction General
Permit/VESCP
| ||
|---|---|---|
|
Type of Permit
|
Total Fee Paid by Applicant
|
Portion to be Paid to DEQ
|
|
VESCP permit fee (all land-disturbing activities, excluding
individual single-family dwellings)
|
$500 + $100/acre
|
N/A
|
|
VESCP permit fee (land-disturbing activities begun without permit,
excluding individual single-family dwellings)
|
$1,500 + $200/acre
|
N/A
|
|
VESCP permit fee for single-family detached/attached residential
structures within or outside a common plan of development or sale
with land disturbance acreage less than 5 acres
|
$290
|
N/A
|
|
VESCP permit fee (single-family dwellings begun without permit)
|
$580
|
N/A
|
|
VESCP single-family dwelling reinspection fee
|
$75
|
N/A
|
|
VSMP general/stormwater management - small construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 1 acre and
less than 5 acres)
|
$2,700
|
$756
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and
less than 10 acres)
|
$3,400
|
$952
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and
less than 50 acres)
|
$4,500
|
$1,260
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and
less than 100 acres)
|
$6,100
|
$1,708
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 100 acres)
|
$9,600
|
$2,688
|
C.Â
Fees for the modification or transfer of coverage under the VSMP
construction general permit issued by the Administrator shall be imposed
in accordance with Table 2. If the permit modifications result in
changes to stormwater management plans that require additional review
by the Administrator, such reviews shall be subject to the fees set
out in Table 2 based on the total disturbed acreage of the site. Modifications
resulting in an increase in total disturbed acreage shall pay the
difference in the initial state permit fee paid and the state permit
fee that would have applied for the total disturbed acreage in Table
1.
|
Table 2: Fees for the Modification or Transfer of Registration
Statements for the VSMP Authority Permit for Discharges of Stormwater
from Construction Activities
| |
|---|---|
|
Type of Permit
|
Fee Amount
|
|
VSMP general/stormwater management - small construction activity/land
clearing (areas within common plans of development or sale with land
disturbance acreage less than 1 acre; also includes single-family
detached residential structures within or outside a common plan of
development or sale with land disturbance acreage less than 5 acres)
|
$20
|
|
VSMP general/stormwater management - small construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 1 acre and
less than 5 acres)
|
$200
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and
less than 10 acres)
|
$250
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and
less than 50 acres)
|
$300
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and
less than 100 acres)
|
$450
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 100 acres)
|
$700
|
D.Â
Permit maintenance fees (9 VAC 25-870-830).
(1)Â
The following annual permit maintenance shall be imposed in
accordance with Table 3, including fees imposed on expired permits
that have been administratively continued. With respect to the VSMP
authority permit, these fees shall apply until the permit coverage
is terminated.
(2)Â
VSMP authority permit coverage maintenance fees shall be paid
annually to the VSMP authority, by the anniversary date of VSMP authority
general permit coverage, in accordance with Table 3. No VSMP authority
permit will be reissued or automatically continued without payment
of the required fee. VSMP authority permit coverage maintenance fees
shall be applied until a notice of termination is effective.
|
Table 3: VSMP Authority Permit Maintenance Fees
| |
|---|---|
|
Type of Permit
|
Fee Amount
|
|
VSMP general/stormwater management - small construction activity/land
clearing (areas within common plans of development or sale with land
disturbance acreage less than 1 acre; also includes single-family
detached residential structures within or outside a common plan of
development or sale with land disturbance acreage less than 5 acres)
|
$50
|
|
VSMP general/stormwater management - small construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 1 acre and
less than 5 acres)
|
$400
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and
less than 10 acres)
|
$500
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and
less than 50 acres)
|
$650
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and
less than 100 acres)
|
$900
|
|
VSMP general/stormwater management - large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 100 acres)
|
$1,400
|
E.Â
(1)Â
All persons seeking coverage under the VSMP authority permit
or VESCP permit if VSMP not required.
(2)Â
All permittees who request modifications to or transfers of
their existing registration statement for coverage under a VSMP authority
permit.
(3)Â
Persons whose coverage under the VSMP authority permit has been
revoked shall reapply for an individual permit for discharges of stormwater
from construction activities.
F.Â
No VSMP authority permit application fees will be assessed to permittees
whose permits are modified or amended at the initiative of the VSMP
authority, excluding errors in the registration statement identified
by the Director or errors related to the acreage of the site.
G.Â
All incomplete VSMP permit fee payments will be deemed as nonpayments,
and the applicant shall be notified of any incomplete permit fee payments.
Interest may be charged for late permit fee payments at the underpayment
rate set forth in § 58.1-15 of the Code of Virginia and
is calculated monthly at the applicable periodic rate. A 10% late
payment fee shall be charged to any delinquent (over 90 days past
due) account. The Administrator shall be entitled to all remedies
available under the Code of Virginia in collecting any past due amount.
[Amended 9-14-2022]
A.Â
Prior to the issuance of any permit, the owner or permittee shall
execute and file with the Administrator a Frederick County performance
agreement and monetary guaranty in such form as is in accordance with
the monetary guaranty and performance agreement policy adopted by
the Board and 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 25% contingency of the
total bond amount.
B.Â
The Frederick County erosion and sediment control and stormwater management performance agreement and monetary guaranty is to ensure that measures could be taken by the 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 because of his land-disturbing activity. If the County takes such action upon such failure by the applicant, the 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.
C.Â
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 the County in accordance with the bonding policy. Upon verification of adequate stabilization of land-disturbing activity in the project or any section thereof, the Administrator shall take action upon the monetary guaranty and performance agreement in accordance with the bonding policy.
D.Â
If the applicant/owner fails to comply with the approved SWPPP as
documented through the site inspections described herein, and after
proper notification, the Administrator may determine that the performance
agreement is in default, and the monetary guaranty may be used to
execute the plan.
|
Reference: § 62.1-44.15:34; 9 VAC 25-870-104D.
|
A.Â
Any land disturbance permit granted pursuant to this chapter shall
be in effect for no longer than five years after the date of issuance.
In addition, any permit granted by this chapter shall automatically
expire as of the date of expiration for, or termination of, any financial
guarantee tendered by the applicant. If a permitted project is not
completed within the five-year time frame, then the applicant must
reapply or appeal in writing to the Director for an extension of the
grading permit period not to exceed an additional six months. Once
a grading permit has been approved in writing by the County, the applicant
shall have a period of six months (180 days) from the date of approval
to submit and receive County approval of collateral for the project
or the permit shall be considered expired.
