(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