Division I. Stormwater Utility and Management
Chapter 13.05
IN GENERAL
Sections:
13.05.010 Purpose.
13.05.020 Definitions.
13.05.030 Applicability.
13.05.040 Exceptions and special provisions.
13.05.050 Permit application review fees and procedure.
13.05.055 Stormwater control program fee.
13.05.060 Performance bonds.
13.05.010 Purpose.
The purpose of Division I of this title is to establish a stormwater utility fee and minimum stormwater management (SWM) and erosion and sediment control (ESC) requirements and controls to protect properties, safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction, and protect aquatic resources. This title seeks to meet that purpose through the following objectives:
(1) Develop a funding mechanism to provide adequate resources for public stormwater management improvements within the city;
(2) Require the use of low-impact development (LID) on all new development or redevelopment projects;
(3) Require that land development and land conversion activities maintain the after-development runoff characteristics as the pre-development runoff characteristics in order to reduce flooding, siltation, stream bank erosion, and property damage;
(4) Establish minimum design criteria for the protection of downstream properties and aquatic resources from damages due to increases in stormwater runoff volume, velocity, and peak flow rate resulting from land development;
(5) Establish minimum design criteria for measures to minimize nonpoint source pollution from stormwater runoff;
(6) Establish provisions for the perpetual responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of runoff; and
(7) Establish certain administrative procedures for the submission, review, approval, and disapproval of comprehensive drainage plans, and the inspection of approved projects. (Ord. 2009-09; Ord. 2007-20. Code 1985, § 11-1).
13.05.020 Definitions.
(1) “Accelerated erosion” means erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action.
(2) “Act” means Article 1.1 (Section 10.1-603.1 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia.
(3) “Adequate channel” means a water course that will convey a chosen frequency storm event without overtopping its banks or causing erosive damage to the bed, banks, and overbank sections of the same. In the city, the adequacy of channels and pipes shall always be demonstrated by hydraulic analysis utilizing standard engineering methods. The adequacy of channels and pipes shall not be verified by demonstrating that the total drainage area to the point of analysis within the channel is 100 times greater than the contributing drainage area of the project in question.
(4) “Administrator” means city engineer or designee for stormwater management and riparian buffer issues and for erosion and sediment control issues. The administrator for erosion and sediment control must be a certified program administrator and plan reviewer, as defined in this section.
(5) “Applicant” means any person submitting a comprehensive drainage plan for approval.
(6) “Aquatic bench” means a 10- to 15-foot-wide bench with a maximum cross-slope of two percent towards and around the perimeter of a permanent pool that ranges in depth from zero to 12 inches. Vegetated with emergent plants, the bench augments pollutant removal, provides habitats, conceals trash and water level fluctuations, and enhances safety.
(7) “Average land cover condition” means a measure of the average amount of impervious surfaces within a watershed, assumed to be 16 percent.
(8) “Best management practice (BMP)” means a structural or nonstructural practice that is designed to minimize the impacts of development on surface and groundwater systems.
(9) “Bioretention basin” means a water quality BMP engineered to filter the water quality volume through an engineered planting bed, consisting of a vegetated surface layer (vegetation, mulch, and ground cover), planting soil, and sand bed, and into the in-situ material.
(10) “Bioretention filter” means a bioretention basin with the addition of a sand filter collection pipe system beneath the planting bed.
(11) “Board” means the Virginia Soil and Water Conservation Board.
(12) “Building” means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
(13) “Certified inspector” means an employee or agent of a program authority who: (a) holds a certificate of competence from the board in the area of project inspection; or (b) is enrolled in the board’s training program for project inspection and successfully completes such program within one year after enrollment.
(14) “Certified plan reviewer” means an employee or agent of a program authority who: (a) holds a certificate of competence from the board in the area of plan review, (b) is enrolled in the board’s training program for plan review and successfully completes such program within one year after enrollment, or (c) is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (Section 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
(15) “Certified program administrator” means an employee or agent of a program authority who: (a) holds a certificate of competence from the board in the area of program administration; or (b) is enrolled in the board’s training program for program administration and successfully completes such program within one year after enrollment.
(16) “Channel” means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
(17) “City” means the city of Staunton.
(18) “Clearing” means any activity that removes the vegetative ground cover, including, but not limited to, the removal of vegetation, root mat removal and/or topsoil removal.
(19) “Comprehensive drainage plan” means the plan submission required prior to the issuance of any land-disturbing permit that contains an erosion and sediment control plan and a stormwater management plan as separate and distinct requirements therein.
(20) “Dedication” means the deliberate appropriation of property by its owner for general public use.
(21) “Detention” means the temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.
(22) “Detention facility” means a detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.
(23) “Developer” means a person who undertakes land-disturbance activities.
(24) “Development” means land development or land development project.
(25) “District” or “soil and water conservation district” refers to the Shenandoah Soil and Water Conservation District.
(26) “Drainage easement” means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
(27) “Erosion and sediment control (ESC) plan” means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
(28) “Flooding” means 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, causing or threatening damage.
(29) “Grassed swale” means an earthen conveyance system which is broad and shallow with erosion-resistant grasses and check dams, engineered to remove pollutants from stormwater runoff by filtration through grass and infiltration into the soil.
(30) “Hotspot” means an area where land use or activities generate highly contaminated runoff with concentrations of pollutants in excess of those typically found in stormwater.
(31) “Hydrologic soil group (HSG)” means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff.
(32) “Impervious cover” means a surface composed of any material that significantly impedes or prevents natural infiltration of water into soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.
(33) “Infiltration” means the process of percolating stormwater into the subsoil.
(34) “Infiltration facility” means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.
(35) “Integrated management practice” means low-impact development microscale and distributed management techniques used to maintain predevelopment site hydrology. Integrated management practices shall include bioretention facilities, dry wells, filter/buffer strips, grassed swales, rain barrels, cisterns, infiltration trenches and amended soils as specified in the low-impact development design manuals.
(36) “Karst features” means sinkholes, sinking and losing streams, caves, large flow springs, and other such landscape features found in karst areas.
(37) “Land development” or “land development project” means a manmade change to the land surface that potentially changes its runoff characteristics.
(38) “Land-disturbance activity” means any activity that changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity that bares soil or rock or involves the diversion or piping of any natural or manmade watercourse.
(39) “Landowner” means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
(40) “Linear development project” means a land development project that is linear in nature such as, but not limited to: (a) the construction of electric and telephone utility lines, and natural gas pipelines; (b) the construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; and (c) highway construction projects.
(41) “Low-impact development (LID)” means an ecologically friendly site development and stormwater management that aims to mitigate development impacts to land, water, and air, which includes the integration of site design and planning techniques that conserve natural systems and hydrologic functions on a site.
(42) “Low-impact development design manuals” refer to the “Low-Impact Development Design Strategies: An Integrated Design Approach Manual and the Low-Impact Development Hydrologic Analysis Manual” as incorporated by reference in this title.
(43) “Nonpoint source pollutant runoff load” or “pollutant discharge” means the average amount of a particular pollutant measured in pounds per year, delivered in a diffuse manner by stormwater runoff.
(44) “Off-site facility” means a stormwater management measure located outside the subject property boundary described in the permit application for land development activity.
(45) “On-site facility” means a stormwater management measure located within the subject property boundary described in the permit application for land development activity.
(46) “Owner” means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property.
(47) “Percent impervious” means the impervious area within the site divided by the area of the site multiplied by 100.
(48) “Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the commonwealth, any interstate body or any other legal entity.
(49) “Planning area” means a designated portion of the parcel on which the land development project is located. Planning areas shall be established by delineation on a master plan. Once established, planning areas shall be applied consistently for all future projects.
(50) “Post-development” refers to conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land.
(51) “Pre-development” or “pre-existing” refers to the conditions that exist at the time that plans for the land development of a tract of land are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions.
(52) “Recharge” means the replenishment of underground water reserves.
(53) “Redevelopment” means the process of developing land that is or has been previously developed.
(54) “Regional (watershed-wide) stormwater management facility” or “regional facility” means a facility or series of facilities designed to control stormwater runoff from a specific watershed, although only portions of the watershed may experience development.
(55) “Regional (watershed-wide) stormwater management plan” or “regional plan” means a document containing material describing how runoff from open space, existing development and future planned development areas within a watershed will be controlled by coordinated design and implementation of regional stormwater management facilities.
(56) “Regulations” means the Commonwealth of Virginia Department of Conservation and Recreation Erosion and Sediment Control and Stormwater Management Regulations.
(57) “Responsible land disturber” means an individual from the project or development team, who will be in charge of and responsible for carrying out a land-disturbing activity covered by an approved plan or agreement in lieu of a plan, who (i) holds a responsible land disturber certificate of competence, (ii) holds a current certificate of competence from the board in the areas of combined administration, program administration, inspection, or plan review, (iii) holds a current contractor certificate of competence for erosion and sediment control, or (iv) is licensed in Virginia as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (Section 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
(58) “Runoff” or “stormwater runoff” means that portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways.
(59) “Runoff characteristics” means the parameters of stormwater that address but are not limited to velocity, peak flow rate, volume, time of concentration, sinuosity, channel cross-sectional area, and channel slope.
(60) “Sand filter” means a contained bed of sand that acts to filter the first flush of runoff. The runoff is then collected beneath the sand bed and conveyed to an adequate discharge point or infiltrated into the in-situ soils.
(61) “Single-family residence” means a noncommercial dwelling that is occupied exclusively by one family.
(62) “Site” means the parcel of land being developed or a designated planning area in which the land development project is located.
(63) “Site hydrology” means the parameters that impact the movement of water on and off site, including but not limited to characteristics such as soil types, soil permeability, vegetative cover, seasonal water tables, and slopes.
(64) “State waters” means and refers to the public waters and waterways of the United States and of the commonwealth of Virginia.
(65) “Stop work order” means an order issued which requires that all construction activity on a site be stopped.
(66) “Stormwater management facility” means a device 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.
(67) “Stormwater management (SWM)” means the use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.
(68) “Stormwater management plan” or “plan” means a document containing material for describing how existing runoff characteristics will be affected by a land development project and methods for complying with the requirements of Division I of this title.
(69) “Stormwater retrofit” means a stormwater management practice designed for an existing development site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site.
(70) “Stormwater runoff” means flow on the surface of the ground, resulting from precipitation.
(71) “Subdivision” means to divide a parcel of land into three or more new lots or parcels of less than five acres each for the purpose of transfer of ownership or building development, or, if a new street is involved in such division, any division of a parcel of land. The word “subdivision” shall include resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
(72) “Title” means SCC Title 13.
(73) “Vegetated filter strip” means a densely vegetated section of land engineered to accept runoff as overland sheet flow from upstream development. It shall adopt any vegetated form from grassy meadow to small forest. The vegetative cover facilitates pollutant removal through filtration, sediment deposition, infiltration and absorption, and is dedicated for that purpose.
(74) “Watercourse” means a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.
(75) “Watershed” means a defined land area drained by a river or stream, karst system, or system of connecting rivers, streams, or drainage ways 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 a single outlet for the watershed.
(76) “Wetlands” means areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal Clean Water Act. (Ord. 2009-09; Ord. 2007-30; Ord. 2007-20. Code 1985, § 11-2; Ord. 11-9-95).
13.05.030 Applicability.
Provisions of Division I of this title shall be applicable to all subdivisions, site plans, or land use conversion applications, unless eligible for an exception under the specifications of Division I of this title. The provisions of Division I of this title also apply to land development activities that are smaller than the minimum applicability criteria, if such activities are part of a larger common plan of development that meets the applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans must also be reviewed by the administrator to ensure that established water quality and quantity standards will be maintained during and after development of the site and that post-construction runoff levels are consistent with any local and regional watershed plans.
To prevent the adverse impacts of stormwater runoff and erosion and sedimentation, the city’s performance standards, as provided or referenced in Division I of this title, must be met at new development sites. ESC and SWM standards apply to all land-disturbing, land development or land use conversion (redevelopment) activity disturbing over 10,000 square feet. Individual house construction projects with a total land disturbance less than 10,000 square feet will require paying an erosion and sediment control bond as per the city’s latest fee schedule. (Ord. 2009-09; Ord. 2007-20. Code 1985, § 11-3).
13.05.040 Exceptions and special provisions.
(1) Exceptions. The following activities are exempt from the ESC and SWM performance criteria:
(a) Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work.
(b) Individual service connections.
(c) Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided the land-disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced.
(d) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system.
(e) Surface or deep mining.
(f) Exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas.
(g) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations, 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 removal of trees or harvesting of forest crops.
(h) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
(i) 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, Chapter 8.1 (Section 62.1-115.1 et seq.) of the Code of Virginia, as amended, ditches, strip-cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.
(j) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles.
(k) Emergency work to protect life, limb or property, and emergency repairs; however, if the land-disturbing activity would have required an approved 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 administrator.
(2) Special Provisions for Specific Projects and ESC Regulations.
(a) Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file general erosion and sediment control specifications annually with the board for review and written comments. The specifications shall apply to:
(i) Construction, installation or maintenance of electric, natural gas and telephone utility lines, and pipelines; and
(ii) Construction of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of the railroad company.
Individual approval of separate projects is not necessary when board-approved specifications are met; however, such projects must comply with board-approved specifications. Any other project shall comply with the requirements of the city of Staunton erosion and sediment control program.
(b) State agency projects are exempt from the provisions of Division I of this title except as provided for in Section 10.1-564 of the Code of Virginia.
(c) Where land-disturbing activities involve lands under the jurisdiction of more than one local control program, an erosion and sediment control plan, at the option of the applicant, may be submitted to the board for review and approval rather than to each jurisdiction concerned.
(d) When a site development plan is submitted that qualifies as a redevelopment project as defined in Division I of this title, decisions on permitting and on-site stormwater requirements shall be governed by the stormwater sizing criteria found in the current Virginia Stormwater Management Handbook. This criteria is dependent on the amount of impervious area created (added) by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the city engineer.
(3) Compatibility with Other Permit and Title Requirements. The provisions of Division I of this title are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of Division I of this title should be considered minimum requirements, and where any provision of Division I of this title imposes restrictions different from those imposed by any other ordinance, rule or regulation, statute, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.
(4) Erosion and Sediment Control Program Requirements.
(a) Pursuant to Section 10.1-561.1 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 city of Staunton shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person.
(b) The program and requirements provided for in Division I of this title shall be made available for public inspection at the office of the city engineer.
(5) The city of Staunton will utilize the policy, criteria and information, including specifications and standards of the Virginia Stormwater Management Handbook and the Virginia Erosion and Sediment Control Handbook, for the implementation of the stormwater management and erosion and sediment control requirements of Division I of this title. These handbooks include a list of acceptable stormwater treatment and best management practices, including the specific design criteria for each practice. The handbooks may be updated and expanded from time to time, based on improvements in engineering, science, monitoring and local maintenance experience. Treatment practices that are designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum performance standards.
(6) Low-Impact Development Guidelines. The city of Staunton shall use the following to determine the criteria for implementation of the low-impact development requirements of Division I of this title.
(a) Low-Impact Development Design Strategies: An Integrated Design Approach, Prince George’s County Maryland Department of Environmental Resources Programs and Planning Division, with assistance from United States Environmental Protection Agency, Office of Water, EPA 841-B-00-003 dated June 1999, and subsequent modifications and updates thereof.
(b) Low-Impact Development Hydrologic Analysis, Prince George’s County Maryland Department of Environmental Resources Programs and Planning Division, with assistance from United States Environmental Protection Agency, Office of Water, EPA 841-B-00-002 dated June 1999, and subsequent modifications and updates thereof. (Ord. 2009-09; Ord. 2007-20. Code 1985, § 11-4; Ord. 11-9-95).
13.05.050 Permit application review fees and procedure.
(1) Permit Application Review Fees. The applicant seeking approval of a stormwater management and/or erosion and sediment control plan shall pay a fee, upon submittal of such plan, in amounts as follows:
(a) Area of land up to one acre – $2,000 plus $150.00 for each additional acre or fraction thereof.
(b) Agreements in lieu of a plan – $250.00.
(2) Permit Application Procedure.
(a) Applications for land-disturbance activity permits must be filed with the administrator on any regular business day. Permit applications shall be accompanied by the following:
(i) Seven copies of the stormwater management final plan and previously approved concept plan, if required;
(ii) Seven copies of the erosion and sediment control plan;
(iii) Two copies of the stormwater facility maintenance agreement documents;
(iv) Written certification by the contractor and owner that the plan will be followed and that all land clearing, construction, land development and drainage will be done according to the approved plan;
(v) Any required review fees; and
(vi) As a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide to the program authority the name of an individual holding a certificate of competence, as provided by Section 10.1-561 of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land-disturbing activity. 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 this chapter.
(b) Within 45 calendar days of the receipt of a complete permit application, including all documents as required by Division I of this title, the administrator shall forward a written notice to the applicant indicating whether or not the application, plan and maintenance agreement are approved or disapproved.
(c) If the permit application, comprehensive drainage plan and/or maintenance agreement are disapproved, the administrator shall communicate the decision to the applicant in writing specifying the modifications, terms and conditions that will permit the approval of the plan. The applicant may then revise the comprehensive drainage plan or agreement. If additional information is submitted, the administrator shall have 30 calendar days from the date the additional information is received to inform the applicant that the plan and maintenance agreement are either approved or disapproved.
(d) If no action is taken by the administrator within the time specified above, the plan shall be deemed approved and the applicant entitled to the permit required.
(e) If the permit application, final comprehensive drainage plan and stormwater facility maintenance agreement documents are approved by the administrator, the following conditions apply:
(i) The applicant shall comply with all applicable requirements of the approved plan and Division I of this title and shall certify in writing to the administrator that all land clearing, construction, land development and drainage will be done according to the approved plan.
(ii) The land development project shall be conducted only within the area specified in the approved plan.
(iii) The administrator, or assigned designee, shall be allowed to conduct periodic inspections of the project, after giving notice to the owner, occupier or operator of the land development project.
(iv) The person responsible for implementing the approved plan shall conduct monitoring and submit reports as the administrator may require to ensure compliance with the approved plan and to determine whether the plan provides effective stormwater management.
(v) No changes may be made to an approved plan without review and written approval by the administrator.
(vi) A certified inspection of all aspects of the BMP, including surface as-built surveys, and geotechnical inspections during subsurface or backfilling and compaction activities shall be required.
(f) An approved comprehensive drainage plan may be changed by the administrator in the following cases:
(i) Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or
(ii) Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan consistent with Division I of this title are agreed to in writing by the administrator. (Ord. 2008-17; Ord. 2007-30; Ord. 2007-20. Code 1985, § 11-5).
13.05.055 Stormwater control program fee.
(1) Each owner of property, including but not limited to condominium or unit owners’ associations, homeowners’ associations and townhouse associations, or condominium unit owners or leaseholders, within the corporate limits of the city shall be charged a monthly stormwater control program fee as provided in this section, and such funds derived shall be used only to pay or recover costs as authorized by law for the city’s stormwater control program, including but not limited to:
(a) The cost of administration of such programs;
(b) Acquisition of real and personal property, and interest therein, necessary to construct, operate and maintain stormwater control facilities;
(c) Engineering and design;
(d) Debt retirement;
(e) Construction costs for new facilities and enlargement or improvement of existing facilities;
(f) Facility maintenance, enlargement or improvement of existing facilities;
(g) Monitoring of stormwater control devices;
(h) Pollution control and abatement, consistent with state and federal regulations for water pollution control and abatement; and
(i) Planning, design, land acquisition, construction, operation and maintenance activities.
(2) Each owner of property, except as provided otherwise, within the corporate limits of the city shall be charged a monthly stormwater control program fee based on an equivalent residential unit (ERU) equal to $3.20 per ERU and square footage (sq. ft.) of impervious area deemed attributable to the property as follows for each applicable tier:
|
Tier |
Impervious Area (sq. ft.) |
Charge |
|
|
1 |
< |
3,400 |
$3.20 |
|
2 |
3,401 |
6,800 |
$6.28 |
|
3 |
6,801 |
10,000 |
$10.34 |
|
4 |
10,001 |
20,000 |
$18.46 |
|
5 |
20,001 |
30,000 |
$30.77 |
|
6 |
30,001 |
40,000 |
$43.08 |
|
7 |
40,001 |
50,000 |
$55.38 |
|
8 |
50,001 |
60,000 |
$67.69 |
|
9 |
60,001 |
70,000 |
$80.00 |
|
10 |
70,001 |
80,000 |
$92.31 |
|
11 |
80,001 |
90,000 |
$104.62 |
|
12 |
90,001 |
100,000 |
$116.92 |
|
13 |
100,001 |
200,000 |
$184.62 |
|
14 |
200,001 |
300,000 |
$307.69 |
|
15 |
300,001 |
400,000 |
$430.77 |
|
16 |
400,001 |
500,000 |
$553.85 |
|
17 |
500,001 |
1,000,000 |
$923.08 |
|
18 |
> |
1,000,000 |
$1,230.77 |
(3) To encourage the proper maintenance of private storm drainage and stormwater control facilities that would reduce the polluting and other adverse effects of stormwater, the stormwater control program fee tier credit specified in subsection (3)(f) of this section shall apply to qualifying property as follows:
(a) The owner shall apply for and demonstrate to the satisfaction of the city engineer or designee that a credit is warranted.
(b) The total fee, after credits, shall not be less than the applicable fee for Tier 1.
(c) The storm drainage and stormwater control facilities must be privately constructed, owned, operated and maintained.
(d) The storm drainage and stormwater control facilities shall be continuously operated in strict accordance with a documented private inspection and maintenance program approved by the city engineer or designee.
(e) The storm drainage and stormwater control facilities shall have been designed to meet or exceed the minimum written criteria established by the city engineer or designee, including a requirement to treat all stormwater from all impervious surfaces on the parcel.
(f) The following tier credit reduction, not to exceed six tier credits as a reduction to the stormwater utility fee otherwise applicable, shall apply annually upon approval by the city engineer or designee:
|
Facility |
Annual Tier Reduction Credit |
|
Storm drainage and stormwater quantity controls (detention with controlled outfall) |
Three tiers |
|
Storm drainage and stormwater quality controls (low impact development and bioretention) |
Three tiers |
(g) Such credit is subject to annual review by the city engineer or designee to ensure that the facility is in continuous operation, and that it is being properly operated and maintained consistent with the intent of the stormwater control program.
(4) Should any owner of property dispute the impervious area deemed attributable to a parcel, such owner may appeal by filing a written appeal in the office of the city engineer no later than 10 calendar days after the date of the first billing of the stormwater control program fee. If the city engineer or designee denies the appeal, at the owner’s sole expense, the owner may retain a Virginia-licensed land surveyor or professional engineer to perform and render an on-site, certified field measurement of the impervious area, and such certified descriptive and platted measurement filed with the office of the city engineer shall constitute the deemed impervious area for purposes of the stormwater control program fee and shall remain in effect until other physical changes occur as to any impervious area on the property.
(5) Exceptions – Waivers – Contiguous Lots.
(a) Exceptions. Solely for the purpose of this section, “property” shall include only property which has been altered from its natural state by the addition of impervious area in a manner reducing the rate of infiltration of stormwater into the earth.
(b) Waivers. The stormwater control program fee shall be waived for the following:
(i) Federal, state, or local government agencies when the agency owns and provides for maintenance of storm drainage and stormwater control facilities or is a unit of the locality administering the program;
(ii) Roads and public street rights-of-way that are owned and maintained by state or local agencies; and
(iii) Cemeteries, which shall solely include any land or structure used or intended to be used for the interment of human remains.
(c) Contiguous Lots. As to any two contiguous lots over which a single-family residential structure is erected as of June 1, 2010, such lots shall be deemed one property and only one stormwater control program fee shall be charged and collected.
(6) The stormwater control program fee shall be charged to owners of property, as referenced in subsection (1) of this section, and collected as part of the bimonthly city user fees billing for water, sewer, and refuse, or charged and collected not less than every six months, with penalties and discontinuance of city water service on the same basis as provided by SCC 13.20.070 through 13.20.090. (Ord. 2010-15; Ord. 2009-14; Ord. 2007-20; Ord. 2005-27; Ord. 2005-17).
13.05.060 Performance bonds.
(1) The city requires the submittal of a performance security or bond with surety, cash escrow, letter of credit or such other acceptable legal arrangement, in a form satisfactory to the administrator, prior to issuance of a permit in order to ensure that the stormwater and erosion and sediment control practices are installed by the permit holder as required by the approved stormwater management and/or erosion and sediment control plan. The stormwater management facilities to be included by reference in this performance bond are any structural facilities, including but not limited to landscaping, piping, and other materials, required for the adequate performance of the facility. Storm sewers or structures within public rights-of-way are not included in this bond; however, any portion of the storm system from the rights-of-way to the structural facility necessary for the function of the facility shall be included by reference in the bond.
(2) The amount of the installation performance security shall be the total estimated construction cost of the stormwater management and erosion and sediment control practices approved under the permit, plus 25 percent. Where the land-disturbing activity results from the construction of a single-family residence with less than 10,000 square feet of disturbance, a performance bond of $2,500 must be provided in lieu of an erosion and sediment control plan.
(3) The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions that may be required of the applicant in accordance with the approved stormwater management plan.
(4) If the applicant fails to repair the failure, the city may enter the property and complete the repairs to the stormwater management facility and collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held.
(5) Within 60 days or such other reasonable time after the completion of the requirements of the approved stormwater management plan in the form of a certified as-built report and survey, such bond, cash escrow, letter of credit or other legal arrangement shall be refunded to the applicant or terminated.
(6) The landscaping portion of the comprehensive drainage plan shall be inspected one year after installation with replacement in accordance with the final plans and specifications prior to final release.
(7) These requirements are in addition to all other provisions of city ordinances relating to the issuance of such plans and are not intended to otherwise affect the requirements for such plans. (Ord. 2007-20. Code 1985, § 11-6; Ord. 11-9-95).