(a) Any person performing construction work that results in a land disturbance of one acre or greater or less than an acre if part of a larger common project in the municipal watershed of the Village of Barboursville shall provide a work plan aimed at reducing pollutants in storm water runoff. All work shall comply with the Provisions of this Article and the WVDEP Agency regulations and standards as provided in their Stormwater Manual. Plans for three acres or more shall be designed by a West Virginia Registered Professional Engineer with expertise in that field and the plan must be signed and sealed by the designer. The plan shall be submitted in duplicate (two copies) with a scale for reasonable interpretation plus one electronic pdf copy. The plan shall be submitted to the Public Works Office and allow 30 work days for review prior to work start. A plan review fee will be assessed based on time spent for the review or third party expenses.
(b) The Director of Public Works will assess fines for non-compliance of the reviewed permit with the approval of Council. The land owner shall respond and remedy all violations of the plan in a reasonable time frame to be decided by the Village of Barboursville personnel.
(1) The Land Owner/Developer shall incorporate into their plan erosion and sediment control BMPs that are consistent with West Virginia's Erosion and Sediment Control BMP Manual or other manuals approved by the Public Works Director.
(2) The Land Owner/Developer shall install and maintain adequate erosion and sediment control BMPs to provide protection to receiving waters,
(3) The Land Owner/Developer shall control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site,
(4) The Land Owner/Developer shall demonstrate that the registration under the WV /NPDES construction storm water general permit has been obtained for those sites one acre and greater.
A. Provided the Department has approved the Land Owner/Developer as a Qualifying Local Program, WV/NPDES construction stormwater permit will be issued by the Village of Barboursville and not by the Department.
(5) The Land Owner/Developer shall incorporate the consideration of potential water quality impacts and review of individual pre-construction site plans to ensure consistency with local and State sediment and erosion control requirements.
(6) The Land Owner/Developer shall recognize that the Village of Barboursville inspectors have the authority for site inspections and enforcement of control measures including steps to identify priority sites for inspection and enforcement based on the nature of the construction activity, topography, and the characteristics of soils and receiving water quality.
(c) The Land Owner/Developer shall manage the impact of stormwater on receiving waters and the program shall include site and neighborhood design elements implemented in tandem with watershed protection elements.
(1) The Land Owner/Developer shall keep and manage onsite the first 1 inch of rainfall from an average 24-hour storm preceded by 48 hours of no measurable precipitation or that provide equal benefits for quality water.
(2) The first 1" of rainfall must be 100% managed with no discharge to surface waters except when the Land Owner/Developer allows an alternative approach as described below:
A. Stonnwater is treated before release to surface waters via extended or engineered infiltration. Extended filtration practices that are designed to capture and manage up to one inch of rainfall may discharge through an underdrain system.
B. The VOB may develop and implement a program to collect payment in lieu of on-site retention, provided in-lieu funds are used for stormwater projects only.
C. The VOB may develop and implement an off-site mitigation program.
D. The Land Owner/Developer may propose and obtains approval of an alternative method of managing the first 1" of rainfall. The method must be equally protective of water quality as the methods spelled out in the permit.
(3) Run-off volume reduction can be achieved by:
A. Canopy interception,
B. Soil amendments,
C. Evaporation,
D. Evapotranspiration,
E. Rainfall harvesting such as rain tanks and cisterns,
F. Grass channels and swales,
G. Reforestation,
H. Green roofs,
I. Rooftop disconnections, such as gutter drains,
J. Permeable pavers/pavement,
K. Porous concrete,
L. Engineered infiltration including extended infiltration via bioretention cells with eventual release,
M. Release to groundwater may require an Underground Injection Control Permit and Land Owner/Developer are required to list projects using this practice in the annual report, or
N. Any combination of these methods.
(4) In instances where alternatives to complete on-site retention of the first inch of rainfall are allowed, technical justification as to the infeasibility of on-site retention is required, must be documented and approved by WVDEP.
(d) The program shall require all new and redevelopment projects to control stormwater discharge rates, volumes, velocities, durations and temperatures.
(e) When considered at the watershed scale, certain types of development can either reduce existing impervious surfaces, or at least create less “accessory” impervious surfaces.
(1) Incentive standards may be applied to these types of projects.
(2) A reduction of 0.2 inches from the one inch runoff reduction standard may be applied to any of the following types of development:
A. Redevelopment,
B. Brownfield redevelopment
C. High density (> 7 units per acre)
D. Vertical Density, (Floor to Area Ratio (FAR) of 2 or> 18 units per acre)
E. Mixed use and Transit Oriented Development (within 1 mile of transit)
(3) Reductions are additive up to a maximum reduction of .75 inches for a project that meets four or more criteria.
(4) The Land Owner/Developer may choose to be more restrictive and allow a reduction of less than 0.75 inches if they choose.
(5) In no case will the reduction be greater than 0.75 inches.
(f) Existing Land Owner/Developers shall continue to implement, assess, and enforce site and neighborhood design elements in accordance with the approved SWMP schedule.
(g) The Land Owner/Developer shall designate projects with reasonable potential for pollutant loadings as Hot Spots. Water quality treatment practices will be provided prior to infiltration or discharge and will be designed for the specific pollutant and source, for example only, petroleum hydrocarbons at a vehicle fueling island.
(1) A project that is a potential hot spot with reasonable potential for pollutant loading(s) that cannot implement adequate preventive or water quality treatment measures to ensure compliance with groundwater and/or surface water quality standards, must properly convey stormwater to a NPDES- permitted wastewater treatment facility or via a licensed waste hauler to a permitted treatment and disposal facility.
(2) A project that discharges or proposes to discharge to any surface water or ground water that is used as a source of drinking water must comply with all applicable requirements relating to source water protection.
(h) For projects that cannot meet 100% of the runoff reduction requirement on site, the Land Owner/Developer may allow an alternative approach for off-site mitigation, payment in lieu, or for another approved method of capturing or treating the subject first 1" stormwater.
(1) Prior to allowing an alternative, the Land Owner/Developer must develop, implement, assess, and enforce criteria that can be consistently applied.
(2) The Land Owner/Developer's SWMP must be modified and approved by the Director and the governing body to allow for approval of alternative approaches.
(3) The Land Owner/Developer must develop and apply criteria for determining the circumstances under which these alternatives will be approved.
(4) A determination to allow an alternative to on-site stormwater retention and treatment may be based on the difficulty or cost of implementing measures. For example only:
A. Too small a lot outside of the building footprint to create the necessary infiltrative capacity even with amended soils;
B. Soil instability as documented by a thorough geotechnical analysis;
C. A site use that is inconsistent with capture and reuse of storm water;
D. Too much shade or other physical conditions that preclude adequate use of plants.
(5) When allowing either alternative, the Land Owner/Developer must require technical justification as to the infeasibility of on-site management of the first 1" of rainfall.
(6) If, as demonstrated to the Land Owner/Developer, it is technically infeasible to manage on site a portion or all of the subject 1" of rainfall, off site mitigation, payment in lieu, or another approved alternative approach will be applied at a 1:1 ratio for that portion.
(7) For any of these options to be available, the Land Owner/Developer must create an inventory of appropriate mitigation projects, and develop appropriate institutional standards and management systems to value, evaluate, and track transactions.
A. For new Land Owner/Developers, the measurable, enforceable goal for this measure shall be documentation of the Municipality's decision to implement or not implement off-site mitigation procedures. Documentation shall be included in the third year annual report.
B. For existing Land Owner/Developers who opt to develop an off-site mitigation program, the measurable, enforceable goal shall be the priorization of projects located in sewersheds that drain to 303d/TMDL waters.
Documentation of development shall be included in the third year annual report.
(8) Off-site mitigation projects runoff reduction practices may be implemented at another location approved by the Land Owner/Developer, however, emphasis shall be on improving locations draining to 303d/TMDL waters. Such emphasis shall be the measurable, enforceable goal for existing Land Owner/Developers for this component.
A. The Land Owner/Developer shall identify priority areas within the sewershed- watershed in which mitigation projects can be completed.
B. Mitigation must be for retrofit or redevelopment projects, and cannot be applied to new development.
C. The Land Owner/Developer shall determine who will be responsible for long term maintenance on mitigation projects.
The SWMP shall contain a detailed description of the system the Land Owner/Developer intends to use to track responsible parties of mitigation projects.
(9) For payment in lieu projects, payment may be made to the Land Owner/Developer, who must apply the funds to a public stormwater project.
(10) Land Owner/Developers shall maintain a publicly accessible inventory of approved in- lieu projects which fully details all monetary transactions associated with the projects. This information shall also be submitted with the annual report.
(11) Runoff reduction practices shall be applied to redevelopment projects for existing public streets or parking lots that are greater than 5000 square feet in size unless otherwise justified.
A. These requirements apply only to projects begun after the effective date of this permit.
B. The Land Owner/Developer shall document the reasons why a project of this type is not to be included in run-off reduction efforts, to include right-of-way restrictions such as interference with buried utilities, safety concerns such as fire equipment access, traffic control, or other major obstacles.
C. The Land Owner/Developer will report on any such project in the annual report and include the justification for those without runoff reduction practices applied.
(12) To ensure that all new development and redevelopment projects conform to the long-term stormwater control standards, the new Land Owner/Developer shall develop project review, approval and enforcement procedures.
(13) To ensure that all new development and redevelopment projects conform to the long-term stormwater control standards, existing Land Owner/Developers shall implement project review, approval and enforcement procedures.
(14) The review, approval and enforcement procedures shall apply to all new development and redevelopment disturbing greater than @equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, and shall include:
A. Requirements to submit for review and approval a pre-application concept plan that describes how the performance standards will be met,
B. A pre-application meeting attended by a project land owner or developer, the project design engineer, and municipal planning staff to discuss conceptual designs may also meet this requirement,
C. Development of procedures for the site plan review and approval to include inter-departmental consultations, as needed, and a required reapproval process when changes to an approved plan are desired,
D. A requirement for submittal of “as-built” certifications within 90 days of completion of a project,
E. A post-construction verification process to ensure that stormwater standards are being met, that includes enforceable procedures for bringing noncompliant projects into compliance, and
F. A description of a program to educate both internal staff and external project proponents of the requirements of long-term stormwater controls.
(15) The Land Owner/Developer shall require that all developments subject to longterm stormwater controls develop a maintenance agreement and maintenance plan for approved stormwater management practices.
(16) The Land Owner/Developer shall require that property owners or operators provide verification of maintenance for the approved stormwater management practices.
(17) Verification shall include one or more of the following as applicable:
A. The owner/developer's signed statement accepting responsibility for maintenance until the maintenance responsibility is legally transferred to another party; and/or
B. Written conditions in the sales or lease agreement that require the recipient to assume responsibility for maintenance; and/or
C. Written conditions in project conditions, covenants and restrictions for residential properties assigning maintenance responsibilities to a home owner's association or other appropriate group for maintenance of structural and treatment control stormwater management practices; and/or
D. Any other legally enforceable agreement that assigns permanent responsibility for maintenance of structural or treatment control stormwater management practices.
E. These agreements shall allow the Land Owner/Developer, or designee, to conduct inspections of the stormwater management practices,
F. The agreement shall account for transfer of responsibility in appropriate legal documents.
(18) This article or other regulatory mechanism shall include at a minimum at least one of the following methods for ensuring privately-owned stormwater structures are properly maintained:
A. The Land Owner/Developer may enter onto the property, conduct maintenance corrective actions on stormwater structures, and recoup associated costs,
B. The Land Owner/Developer may take enforcement actions against the party responsible for maintaining stormwater structures, to include fines or penalties authorized by the regulatory mechanism, or
C. The Land Owner/Developer may carry out a legal action against the responsible party in a court having jurisdiction over matters of this type.
D. The regulatory mechanism shall clearly state that the Land Owner/Developer shall take one of the above actions when the necessary maintenance has not been performed within 30 (thirty) days of notification by the Land Owner/Developer.
(19) The Land Owner/Developer shall utilize a system to track stormwater management practices at new development and redevelopment projects.
A. Tracking of stonnwater management practices shall begin during the plan review and approval process with a database or geographic information system (GIS), or other approved system.
B. The database or tracking system shall include information on both public and private sector projects that are within the Land Owner/Developer's jurisdiction.
C. In addition to the standard information collected for all projects (such as project name, owner, location, start/end date, etc.), the tracking system shall also include:
1. Source control stormwater management practices (type, number, design or performance specifications)
2. Treatment control stormwater management practices (type, number, design or performance specifications)
3. Latitude and longitude coordinates of stormwater BMP controls using a global positioning system
4. Digital photographs of stormwater management practice controls
5. Maintenance requirements of stormwater management practices (frequency of required maintenance and inspections)
6. Inspection information (date, findings, follow up activities, compliance status)
(20) The Land Owner/Developer shall inspect Stormwater BMPs to determine proper operation and maintenance on the part of the owner/operator.
A. The Land Owner/Developer is to develop an inspection calendar for all storm water BMPs to be inspected at least once during the permit cycle.
B. Complete inspection reports shall include:
1. Facility type,
2. Inspection date,
3. Name and signature of inspector,
4. GIS location and nearest street address,
5. Management practice ownership information (name, address, phone number, fax, and email),
6. A description of the stormwater BMP condition including the quality of: vegetation and soils; inlet and outlet channels and structures; embankments, slopes, and safety benches; spillways, weirs, and other control structures; and sediment and debris accumulation in storage and forebay areas as well as in and around inlet and outlet structures,
7. Photographic documentation of all critical stormwater BMP components, and
8. Specific maintenance items or violations that need to be corrected by the owner/operator along with deadlines and reinspection dates.
(21) The Land Owner/Developer shall develop an enforcement and response plan to ensure stormwater BMPs are properly maintained, to include:
A. Prompt notification to the stonnwater BMP owner or operator of any deficiencies discovered during a maintenance inspection.
B. Compliance with the enforcement response plan to ensure that management practices are maintained.
C. Subsequent inspection procedures/policies to ensure completion of all required repairs.
D. Procedures to enforce correction orders and a contingency plan if correction orders are not followed through by the responsible party.
(22) The Land Owner/Developer shall demonstrate compliance with the requirements for post construction controls by summarizing the following in the Annual Report:
A. A description of how the Land Owner/Developer's legal authority addresses the watershed protection elements,
B. A summary of the number and types of projects that the Land Owner/Developer reviewed for new and redevelopment considerations,
C. A summary of the number and types of storm water BMPs approved in new and redevelopment projects, including the number of approved projects that qualified for incentives and/or alternatives authorized by this permit,
D. A summary of the number and types of maintenance agreements approved,
E. A summary of stormwater BMP maintenance inspections conducted by the Land Owner/Developer, including a summary of the number requiring maintenance or repair, the number brought into compliance and the number of enforcement actions taken,
F. A summary of any evaluation data collected for long-term stormwater controls, including water quality information, stormwater BMP performance, and model results.
(23) New Land Owner/Developers shall conduct an assessment of current street design guidelines and parking requirements that affect the creation of impervious cover with the third year annual report.
A. The assessment shall include recommendations and proposed schedules for incorporating policies and standards into relevant documents and procedures to maximize vegetation and to minimize impervious cover attributable to parking and street designs.
B. The local Planning Commission and the local Transportation Commission should be involved in the assessment.
(24) Existing Land Owner/Developers shall include in each annual report the status of achieving the schedules in the assessment that was reported in the third annual report under the previous permit term.
(i) The Village of Barboursville Council may establish by ordinance standards and guidelines implementing BMPs designed to provide erosion and sediment control from construction sites. (Ord. 2015-9. Passed 11-17-15.)