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§ 153.04 STORMWATER MANAGEMENT PROGRAM ESTABLISHED; SUBMISSION AND APPROVAL OF PLANS; PROHIBITIONS.
   (A)   Pursuant to VA Code §§ 62.1-44.15:24 et seq., the town hereby establishes a State Stormwater Management Program for land disturbing activities and adopts the applicable regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in § 153.01. The Town Council hereby designates the Town Manager as the Administrator of the State Stormwater Management Program.
   (B)   No VSMP authority permit shall be issued by the Administrator, until the following items have been submitted to and approved by the Administrator as prescribed herein:
      (1)   A permit application that includes a general permit registration statement, if such statement is required;
      (2)   An erosion and sediment control plan approved in accordance with the Chapter 152 of this code; and
      (3)   An approved stormwater management plan that meets the requirements of § 153.06.
   (C)   No VSMP authority permit shall be issued until evidence of general permit coverage is obtained. A registration statement is not required for detached single-family home construction within or outside a common plan of development or sale, but such projects must adhere to the requirements of the general permit.
   (D)   No VSMP authority permit shall be issued until the fees required to be paid pursuant to the uncodified ordinance are received, and a reasonable performance bond required pursuant to § 153.15 has been submitted.
   (E)   No VSMP authority permit shall be issued unless and until the permit application and attendant materials and supporting documentation demonstrate that all land clearing, construction, disturbance, land development, and drainage will be done according to the approved permit.
   (F)   No grading, building, or other local permit shall be issued for a property unless a VSMP authority permit has been issued by the Administrator.
   (G)   A stormwater management plan that is approved for a residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners.
(1998 Code, § 18-54) Penalty, see § 153.99
§ 153.05 STORMWATER POLLUTION PREVENTION PLAN; CONTENTS OF PLANS.
   (A)   The stormwater pollution prevention plan (SWPPP) shall include the content specified by 9 VAC § 25-870-54 and must also comply with the requirements and general information set forth in 9 VAC § 25-880-70, § II (stormwater pollution prevention plan) of the general permit.
   (B)   The SWPPP shall be amended by the operator whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to state waters which is not addressed by the existing SWPPP.
   (C)   The SWPPP must be maintained by the operator 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. Operators shall make the SWPPP available for public review in accordance with § II of the general permit, either electronically or in hard copy.
(1998 Code, § 18-55) Penalty, see § 153.99
§ 153.06 STORMWATER MANAGEMENT PLAN; CONTENTS OF PLAN.
   (A)   The stormwater management plan, required in § 153.04, shall apply the stormwater management technical criteria set forth in § 153.09 to the entire land disturbing activity, consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff, and include the following information:
      (1)   Information on the type and location of stormwater discharges; information on the features to which stormwater is being discharged including surface waters or karst features, if present, and the predevelopment and post-development drainage areas;
      (2)   Contact information including the name, address, and telephone number of the owner and the tax reference number and parcel number of the property or properties affected;
      (3)   A narrative that includes a description of current site conditions and final site conditions;
      (4)   A general description of the proposed stormwater management facilities and the mechanism through which the facilities will be operated and maintained after construction is complete;
      (5)   Information on the proposed stormwater management facilities, including:
         (a)   The type of facilities;
         (b)   Location, including geographic coordinates;
         (c)   Acres treated; and
         (d)   The surface waters or karst features, if present, into which the facility will discharge.
      (6)   Hydrologic and hydraulic computations, including runoff characteristics;
      (7)   Documentation and calculations verifying compliance with the water quality and quantity requirements of 9 VAC §§ 25-870-62 through 25-870-92 of the regulations; and
      (8)   A map or maps of the site that depicts the topography of the site and includes:
         (a)   All contributing drainage areas;
         (b)   Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains;
         (c)   Soil types, geologic formations if karst features are present in the area, forest cover, and other vegetative areas;
         (d)   Current land use including existing structures, roads, and locations of known utilities and easements;
         (e)   Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels;
         (f)   The limits of clearing and grading, and the proposed drainage patterns on the site;
         (g)   Proposed buildings, roads, parking areas, utilities, and stormwater management facilities; and
         (h)   Proposed land use with tabulation of the percentage of surface area to be adapted to various uses including, but not limited to, planned locations of utilities, roads, and easements.
   (B)   A stormwater management plan for a land disturbing activity shall apply the stormwater management technical criteria set forth in this part to the entire land disturbing activity. Individual lots in new residential, commercial, or industrial developments shall not be considered separate land disturbing activities.
   (C)   If an operator intends to meet the water quality and/or quantity requirements set forth in § 153.09 through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant’s land disturbing activity except as otherwise allowed by the VA Code.
   (D)   Elements of the stormwater management plans that include activities regulated under VA Code §§ 54.1-400 et seq. shall be appropriately sealed and signed by a professional registered in the state pursuant to VA Code §§ 54.1-400 et seq.
   (E)   A construction record drawing for permanent stormwater management facilities shall be submitted to the Administrator. The construction record drawing shall be appropriately sealed and signed by a professional registered in the state, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. An Administrator may elect not to require construction record drawings for stormwater management facilities for which maintenance agreements are not required pursuant to § 153.10(B).
(1998 Code, § 18-56) Penalty, see § 153.99
§ 153.07 POLLUTION PREVENTION PLAN; CONTENTS OF PLANS.
   (A)   Pollution prevention plan, required by 9 VAC § 25-870-56, shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of
effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to:
      (1)   Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge;
      (2)   Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater; and
      (3)   Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
   (B)   The pollution prevention plan shall include effective best management practices to prohibit the following discharges:
      (1)   Wastewater from washout of concrete, unless managed by an appropriate control;
      (2)   Wastewater from washout and clean out of stucco, paint, form release oils, curing compounds, and other construction materials;
      (3)   Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and
      (4)   Soaps or solvents used in vehicle and equipment washing.
   (C)   Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls.
(1998 Code, § 18-57) Penalty, see § 153.99
§ 153.08 REVIEW OF STORMWATER MANAGEMENT PLAN.
   (A)   The Administrator shall review stormwater management plans and shall approve or disapprove a stormwater management plan according to the following.
      (1)   The Administrator shall determine the completeness of a plan in accordance with § 153.06, and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete.
      (2)   The Administrator shall have an additional 60 calendar days from the date of the communication of completeness to review the plan, except that if a determination of completeness is not
made within the time prescribed in division (A)(1) above, then plan shall be deemed complete and the Administrator shall have 60 calendar days from the date of submission to review the plan.
      (3)   The Administrator shall review any plan that has been previously disapproved, within
45 calendar days of the date of resubmission.
      (4)   During the review period, the plan shall be approved or disapproved and the decision communicated in writing to the person responsible for the land disturbing activity or his or her designated agent. If the plan is not approved, the reasons for not approving the plan shall be provided in writing. Approval or denial shall be based on the plan’s compliance with the requirements of this chapter.
      (5)   If a plan meeting all requirements of this chapter is submitted and no action is taken within the time provided above in divisions (A)(2) above, the plan shall be deemed approved.
   (B)   Approved stormwater plans may be modified as follows.
      (1)   Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the Administrator. The Administrator shall have 60 calendar days to respond in writing either approving or disapproving such request.
      (2)   The Administrator may require that an approved stormwater management plan be amended, within a time prescribed by the Administrator, to address any deficiencies noted during inspection.
   (C)   The Administrator shall require the submission of a construction record drawing for permanent stormwater management facilities. The Administrator may elect not to require construction record drawings for stormwater management facilities for which recorded maintenance agreements are not required pursuant to § 153.10(B).
(1998 Code, § 18-58) Penalty, see § 153.99
§ 153.09 TECHNICAL CRITERIA FOR REGULATED LAND DISTURBING ACTIVITIES.
   (A)   To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land disturbing activities, the town hereby adopts the technical criteria for regulated land disturbing activities set forth in Part II B of the regulations, as amended, expressly to include: 9 VAC § 25-870-62 (applicability); 9 VAC § 25-870-63 (water quality design criteria requirements); 9 VAC § 25-870-65 (water quality compliance); 9 VAC § 25-870-66 (water quantity); 9 VAC § 25-870-69 (off-site compliance options); 4 VAC§ 50-60-72 (design storms and hydrologic methods); 9 VAC § 25-870-74 (stormwater harvesting); 9 VAC § 25-870-76 (linear development project); 9 VAC § 25-870-85 (stormwater management impoundment structures or facilities); and 9 VAC § 25-870-92 (comprehensive stormwater management plans), which shall apply to all land disturbing activities regulated pursuant to this chapter, except as expressly set forth in division (B) below.
   (B)   Any land disturbing activity shall be considered grandfathered and shall be subject to the Part II C technical criteria of the VSMP regulation provided:
      (1)   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: was approved by the locality prior to July 1, 2012; provided a layout as defined in 9 VAC § 25-870-10; will comply with the Part II C technical criteria of the VSMP regulation, expressly to include 9 VAC § 25-870-93 (definitions); 9 VAC § 25-870-94 (applicability); 9 VAC § 25-870-95 (general); 9 VAC § 25-870-96 (water quality); 9 VAC § 25-870-97 (stream channel erosion); 9 VAC § 25-870-98 (stream channel erosion); 9 VAC § 25-870-99 (regional (watershed-wide) stormwater management plans); and 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)   A state permit has not been issued prior to July 1, 2014; and
      (3)   Land disturbance did not commence prior to July 1, 2014.
   (C)   Local, state, and federal projects shall be considered grandfathered by the VSMP authority and shall be subject to the Part II C technical criteria of the VSMP regulation provided:
      (1)   There has been an obligation of local, 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)   A state permit has not been issued prior to July 1, 2014; and
      (3)   Land disturbance did not commence prior to July 1, 2014.
   (D)   Land disturbing activities grandfathered under divisions (A) and (B) above shall remain subject to the Part II C technical criteria of the VSMP regulation 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 State Board.
   (E)   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.
   (F)   The Administrator may grant exceptions to the technical requirements of Part II B or Part II C of the regulations, provided that: the exception is the minimum necessary to afford relief; reasonable and appropriate conditions are imposed so that the intent of the act, the regulations, and this chapter are preserved; granting the exception will not confer any special privileges that are denied in other similar circumstances; and exception requests are not based upon conditions or circumstances that are self- imposed or self-created. Economic hardship alone is not sufficient reason to grant an exception from the requirements of this chapter.
      (1)   Exceptions to the requirement that the land disturbing activity obtain required VSMP authority permit shall not be given by the Administrator, nor shall the Administrator approve the use of a BMP not found on the State Stormwater BMP Clearinghouse Website, or any other control measure duly approved by the Director.
      (2)   Exceptions to requirements for phosphorus reductions shall not be allowed unless off-site options otherwise permitted pursuant to 9 VAC § 25-870-69 have been considered and found not available.
   (G)   Nothing in this section shall preclude an operator from constructing to a more stringent standard at his or her discretion.
(1998 Code, § 18-59) Penalty, see § 153.99
§ 153.10 LONG-TERM MAINTENANCE OF PERMANENT STORMWATER FACILITIES.
   (A)   The Administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to general permit termination or earlier as required by the Administrator and shall at a minimum:
      (1)   Be submitted to the Administrator for review and approval prior to the approval of the stormwater management plan;
      (2)   Be stated to run with the land;
      (3)   Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;
      (4)   Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator; and
      (5)   Be enforceable by all appropriate governmental parties.
   (B)   At the discretion of the Administrator, 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. If the Administrator exercises the discretion granted by this division (B), he or she will document that decision and the nature of the enforceable mechanism in the applicable record, which will thereafter be retained for as long as the enforceable mechanism remains in effect, and for one year thereafter.
   (C)   If a recorded instrument is not required pursuant to division (B) above, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat
stormwater runoff primarily from an individual residential lot. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities may not be subject to the requirement for an inspection to be conducted by the Administrator.
(1998 Code, § 18-60) Penalty, see § 153.99
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