Division I. Stormwater Utility and Management*

*Editor’s note – This division is adopted pursuant to Article 2.3 (Section 62.1-44.15:24 et seq.) of Chapter 3.1 and Article 2.4 (Section 62.1-44.15:51 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.

Chapter 13.05
IN GENERAL

Sections:

13.05.010    Purpose and authority.

13.05.020    Definitions.

13.05.030    Applicability.

13.05.040    Exceptions and special provisions.

13.05.045    VSMP and VESCP requirements.

13.05.050    Permit application procedures, review procedures and review fees.

13.05.055    Stormwater control program fee.

13.05.060    Performance bonds.

13.05.010 Purpose and authority.

The purpose of Division I of this title is to establish a stormwater utility fee, to establish minimum stormwater management (SWM) and erosion and sediment control (ESC) requirements and controls to help ensure the general health, safety, and welfare of the citizens of the city of Staunton and to help protect the quality and quantity of state and local waters from the potential harm of unmanaged stormwater, including protection from a land-disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby SWM and ECS requirements shall be administered and enforced. This chapter seeks to advance these purposes through the following initiatives:

(1) Continue to provide 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;

(7) Establish certain administrative procedures for the submission, review, approval, and disapproval of erosion and sediment control plans, comprehensive drainage plans, and the inspection of approved projects; and

(8) Comply with the applicable provisions of the Code of Virginia. (Ord. 2014-09; Ord. 2009-09; Ord. 2007-20. Code 1985, § 11-1).

13.05.020 Definitions.

In addition to the definitions set forth in 9 VAC 25-870-10 of the Virginia Stormwater Management Program (VSMP) Regulations and 9 VAC 25-840-10 of the Virginia Erosion and Sediment Control Program (VESCP) Regulations, which are expressly adopted and incorporated herein by reference as they may be amended, the following words and terms used in Division I of this title have the following meanings unless otherwise specified herein. If definitions differ or conflict, those incorporated herein shall have precedence.

(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) “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. The adequacy of channels and pipes shall always be demonstrated by hydraulic analysis utilizing standard engineering methods.

(3) “Administrator” means the VSMP authority and the VESCP authority, including the designated city staff person or department responsible for administering the VSMP and VESCP on behalf of the locality. The administrator for the city of Staunton shall be the city engineer or designee.

(4) “Agreement in lieu of a stormwater management plan” means 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 authority for the construction of a single-family residence; such contract may be executed by the VSMP authority in lieu of a stormwater management plan.

(5) “Agreement in lieu of an erosion and sediment control plan” means 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 an erosion and sediment control plan.

(6) “Applicant” means any person submitting an erosion and sediment control plan, a comprehensive drainage plan or an agreement in lieu of a plan for approval or submitting an application for a permit or requesting issuance of a permit under Division I of this title authorizing land-disturbing activities to commence.

(7) “Best management practice” or “BMP” means 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. A list of approved BMP practices with design standards and specifications, which are incorporated by reference as they may be amended, can be found at the Virginia Stormwater Management BMP Clearinghouse website.

(8) “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.

(9) “Certified combined administrator for ESC” means an employee or agent of a VESCP authority who holds a certificate of competence from the State Board in the combined ESC classifications of program administrator, plan reviewer, and project inspector in the area of ESC.

(10) “Certified combined administrator for SWM” means an employee or agent of a VSMP authority who holds a certificate of competence from the State Board in the combined classifications of program administrator, plan reviewer, and project inspector in the area of SWM.

(11) “Certified plan reviewer for ESC” means an employee or agent of a VESCP authority who: (a) holds a certificate of competence from the State Board in the classification of plan reviewer in the area of ESC; (b) 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; or (c) is a professional soil scientist as defined in Chapter 22 (Section 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia.

(12) “Certified plan reviewer for SWM” means an employee or agent of a VSMP authority who holds a certificate of competence from the State Board in the classification of plan reviewer in the area of SWM.

(13) “Certified program administrator for ESC” means an employee or agent of a VESCP authority who holds a certificate of competence from the State Board in the classification of program administrator in the area of ESC.

(14) “Certified program administrator for SWM” means an employee or agent of a VSMP authority who holds a certificate of competence from the State Board in the classification of program administrator in the area of SWM.

(15) “Certified project inspector for ESC” means an employee or agent of a VESCP authority who holds a certificate of competence from the State Board in the classification of project inspector in the area of ESC.

(16) “Certified project inspector for SWM” means an employee or agent of a VSMP authority who holds a certificate of competence from the State Board in the classification of project inspector in the area of SWM.

(17) “Channel” means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

(18) “City” means the city of Staunton.

(19) “Clean Water Act” or “CWA” means 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, and any subsequent revisions thereto.

(20) “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.

(21) “Combined administrator for ESC” means anyone who is responsible for performing the combined duties of a program administrator, plan reviewer and project inspector of a VESCP authority.

(22) “Combined administrator for SWM” means anyone who is responsible for performing the combined duties of a program administrator, plan reviewer and project inspector of a VSMP authority.

(23) “Common plan of development or sale” means a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules.

(24) “Comprehensive drainage plan” means the plan submission required prior to the issuance of a VSMP permit or a VESCP permit that contains an erosion and sediment control plan, a stormwater management plan and a stormwater pollution prevention plan as separate and distinct requirements therein.

(25) “Control measure” means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.

(26) “Dedication” means the deliberate appropriation of property by its owner for general public use.

(27) “Department” means the Virginia Department of Environmental Quality.

(28) “Developer” means a person who undertakes land-disturbance activities.

(29) “Development” means 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.

(30) “District” or “soil and water conservation district” means a political subdivision of the Commonwealth organized in accordance with the provisions of Article 3 (Section 10.1-506 et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia.

(31) “Drainage easement” means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.

(32) “Erosion and sediment control plan” means 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 and all information deemed necessary by the VESCP authority to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.

(33) “Erosion impact area” means an area of land not associated with current land-disturbing 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.

(34) “ESC” means erosion and sediment control.

(35) “ESC Regulations” means the Virginia Erosion and Sediment Control Program (VESCP) Permit Regulations, 9 VAC 25-840, as may be amended.

(36) “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.

(37) “General permit” means the state permit titled GENERAL PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in Part XIV (9 VAC 25-880-1 et seq.) of the SWM Regulations authorizing a category of discharges under the CWA and the Virginia Stormwater Management Act within a geographical area of the Commonwealth of Virginia.

(38) “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.

(39) “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.

(40) “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.

(41) “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.

(42) “Karst area” means 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.

(43) “Karst features” means sinkholes, sinking and losing streams, caves, large flow springs, and other such landscape features found in karst areas.

(44) “Land disturbance” or “land-disturbing activity” means a manmade change to the land surface that may result in soil erosion from water or wind and the movements of sediments into state waters or onto lands of the Commonwealth or potentially changes its runoff characteristics, including clearing, grading, or excavation except that the term shall not include those exemptions specified in SCC 13.05.040.

(45) “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.

(46) “Layout” means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval.

(47) “Linear development project” means a land-disturbing activity 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; (c) highway construction projects; (d) construction of stormwater channels and stream restoration activities; and (e) water and sewer lines. Private subdivision roads or streets shall not be considered linear development projects.

(48) “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.

(49) “Manmade stormwater conveyance system” means a pipe, ditch, vegetated swale or other stormwater conveyance system constructed by man except for restored stormwater conveyance systems.

(50) “Minor modification” means an amendment to an existing general permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in federal Environmental Protection Agency (EPA) promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor general permit modification or amendment does not substantially alter general 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.

(51) “Natural channel design concepts” means 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 bankfull storm event within its banks and allows larger flows to access its floodplain.

(52) “Natural stormwater conveyance system” means the main channel of a natural stream and the flood-prone area adjacent to the main channel.

(53) “Off-site facility” means a stormwater management measure located outside the subject property boundary described in the permit application for land development activity.

(54) “On-site facility” means a stormwater management measure located within the subject property boundary described in the permit application for land development activity.

(55) “Operator” means the owner or operator of any facility or activity subject to regulation under Division I of this title.

(56) “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.

(57) “Percent impervious” means the impervious area within the site divided by the area of the site multiplied by 100.

(58) “Permittee” means the person to whom the VSMP authority permit or VESCP authority permit is issued.

(59) “Person” means any individual, partnership, firm, association, state, municipality, 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, a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity.

(60) “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.

(61) “Pollution prevention plan” or “PPP” means a document that is prepared in accordance with good engineering practices and that details the design, installation, implementation and maintenance of effective pollution prevention measures to minimize the discharge of pollutants.

(62) “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.

(63) “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.

(64) “Recharge” means the replenishment of underground water reserves.

(65) “Redevelopment” means the process of developing land that is or has been previously developed.

(66) “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.

(67) “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.

(68) “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 (a) holds a responsible land disturber certificate of competence, (b) holds a current certificate of competence from the State Board in the areas of combined administration, program administration, inspection, or plan review, (c) holds a current contractor certificate of competence for erosion and sediment control, or (d) 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.

(69) “Restored stormwater conveyance system” means a 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.

(70) “Runoff” or “stormwater runoff” means that portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways.

(71) “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.

(72) “Single-family residence” means a noncommercial dwelling that is occupied exclusively by one family.

(73) “Site” means 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.

(74) “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, slopes, land cover, and impervious cover.

(75) “State” means the Commonwealth of Virginia.

(76) “State Board” means the Virginia Soil and Water Conservation Board.

(77) “State permit” means an approval to conduct a land-disturbing activity issued by the State Board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the State Board for stormwater discharges from a municipal separate storm sewer system (MS4). Under these state permits, the Commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the VSMP Permit Regulations, 9 VAC 25-870, as may be amended.

(78) “State water control law” means Chapter 3.1 (Section 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia, as may be amended.

(79) “State waters” means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.

(80) “Stop work order” means an order issued which requires that all construction activity on a site be stopped.

(81) “Stormwater” means 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.

(82) “Stormwater conveyance system” means a combination of drainage components that are used to convey stormwater discharge, either within or downstream of the land-disturbing activity, including: (a) “Manmade stormwater conveyance system”; (b) “Natural stormwater conveyance system”; or (c) “Restored stormwater conveyance system.”

(83) “Stormwater management plan” means a document containing material describing how existing runoff characteristics will be affected by a land-disturbing activity and the methods for complying with the requirements of Division I of this title.

(84) “Stormwater pollution prevention plan” or “SWPPP” means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this title. In addition, the document shall identify and require the implementation of control measures, and shall include, but not be limited to, the inclusion of or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan and a pollution prevention plan.

(85) “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.

(86) “Stormwater runoff” means flow on the surface of the ground, resulting from precipitation.

(87) “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.

(88) “SWM” means stormwater management.

(89) “SWM Regulations” means the Virginia Stormwater Management Program (VSMP) Permit Regulations, 9 VAC 25-870, as may be amended.

(90) “Title” means SCC Title 13.

(91) “Total maximum daily load” or “TMDL” means 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.

(92) “VESCP authority permit” or “VESCP permit” means an approval to conduct a land-disturbing activity issued by the administrator for the initiation of a land-disturbing activity, in accordance with Division I of this title.

(93) “Virginia Erosion and Sediment Control Program,” or “VESCP,” means a program approved by the State 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 such items when 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 the Erosion and Sediment Control Act and its attendant regulations, and evaluation consistent with the requirements of the Erosion and Sediment Control Act and its attendant regulations, as may be amended.

(94) “Virginia Erosion and Sediment Control Program authority,” or “VESCP authority,” means an authority approved by the State Board to operate a Virginia Erosion and Sediment Control Program. An authority may include a state entity, including the Department; a federal entity; a district, county, city, or town; or for linear projects subject to annual standards and specifications, electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies, railroad companies, or authorities created pursuant to Section 15.2-5102 of the Code of Virginia, as may be amended.

(95) “Virginia Stormwater BMP Clearinghouse website” means 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, as may be amended.

(96) “Virginia Stormwater Management Act” means Article 2.3 (Section 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia, as may be amended.

(97) “Virginia Stormwater Management Program” or “VSMP” means a program approved by the State Board after September 13, 2011, that has been established by a locality 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 Division I of this title, and evaluation consistent with the requirements of Division I of this title and associated regulations.

(98) “Virginia Stormwater Management Program authority” or “VSMP authority” means an authority approved by the State Board after September 13, 2011, to operate a Virginia Stormwater Management Program.

(99) “VSMP authority permit” or “VSMP permit” means an approval to conduct a land-disturbing activity issued by the administrator for the initiation of a land-disturbing activity, in accordance with Division I of this title, and which may only be issued after evidence of general permit coverage has been provided by the Department of Environmental Quality.

(100) “Watercourse” means a permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water.

(101) “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.

(102) “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. 2014-09; 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 and single-family residence construction with a total land disturbance less than 10,000 square feet. (Ord. 2014-09; Ord. 2009-09; Ord. 2007-20. Code 1985, § 11-3).

13.05.040 Exceptions and special provisions.

(1) Except as provided herein, no person may engage in any land-disturbing activity until a VSMP permit or VESCP permit has been issued by the administrator in accordance with the provisions of Division I of this title.

(2) Notwithstanding any other provisions of Division I of this title, the following activities are exempt from obtaining a VSMP permit, unless otherwise required by federal law:

(a) Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia, as may be amended;

(b) 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 State 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 (Section 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia, as may be amended, or is converted to bona fide agricultural or improved pasture use as described in subsection B of Section 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia, as may be amended;

(c) Single-family residences separately built and disturbing less than one acre of land area and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures;

(d) Land-disturbing activities that disturb less than one acre of land area that are not part of a larger common plan of development or sale that is one acre or greater of disturbance;

(e) Discharges to a sanitary sewer or a combined sewer system;

(f) Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use;

(g) 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 section; and

(h) 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 administrator shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of subsection (1) of this section is required within 30 days of commencing the land-disturbing activity.

(3) Notwithstanding any other provisions of Division I of this title, the following activities are exempt from obtaining a VESCP permit, unless otherwise required by federal law:

(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 may be 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; and

(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.

(4) Special Provisions and Standards for Specific Projects and ESC and SWM Regulations.

(a) Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall, and authorities created pursuant to Section 15.2-5102 of the Code of Virginia may, file general erosion and sediment control standards and specifications annually with the Department for review and approval. Such standards and specifications shall be consistent with the requirements of the Virginia Erosion and Sediment Control Law and associated regulations and the Stormwater Management Act (Section 62.1-44.15:24 et seq.) and associated regulations when applicable, as may be amended. 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.

(b) The Department shall have 60 days in which to approve the standards and specifications. If no action is taken by the Department within 60 days, the standards and specifications shall be deemed approved. Individual approval of separate projects within subsections (4)(a)(i) and (ii) of this section is not necessary when approved specifications are followed. Projects not included in subsections (4)(a)(i) and (ii) of this section shall comply with the requirements of the appropriate VESCP authority.

(c) State agency projects are exempt from the provisions of Division I of this title except as provided for in Section 62.1-44.15:56 of the Code of Virginia.

(d) 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 State Board for review and approval rather than to each jurisdiction concerned.

(5) 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. (Ord. 2014-09; Ord. 2009-09; Ord. 2007-20. Code 1985, § 11-4; Ord. 11-9-95).

13.05.045 VSMP and VESCP requirements.

(1) Erosion and Sediment Control Program (VESCP) Requirements.

(a) Pursuant to Section 62.1-44.15:52 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 shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person. The city hereby designates the city engineer or designee as the administrator of the Virginia Erosion and Sediment Control Program (VESCP).

(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.

(2) Stormwater Management Program (VSMP) Requirements.

(a) Pursuant to Section 62.1-44.15:27 of the Code of Virginia, the city hereby establishes a Virginia Stormwater Management Program (VSMP) for land-disturbing activities and adopts the applicable SWM regulations that prescribe standards and specifications for VSMPs promulgated by the State Board for the purposes set out in SCC 13.05.010. The Stormwater Management 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. The city hereby designates the city engineer or designee as the administrator of the Virginia Stormwater Management Program (VSMP).

(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.

(3) The city will utilize the policy, criteria and information, including specifications and standards of the Virginia Stormwater Management Handbook, the Virginia Stormwater BMP Clearinghouse and the Virginia Erosion and Sediment Control Handbook, which are incorporated by reference, as may be amended, for the implementation of the stormwater management and erosion and sediment control requirements of Division I of this title. These publications include a list of acceptable stormwater treatment and best management practices, including the specific design criteria for each practice. These publications 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.

(4) VSMP and VESCP Permit Requirements.

(a) When a land-disturbing activity meets the requirements of subsections (b) and (c) of this section, both a VSMP permit and a VESCP permit are required.

(b) A VSMP permit is required for the following land-disturbing activities:

(i) The total land disturbance is equal to or greater than one acre;

(ii) The total land disturbance is less than one acre and the site is part of a larger common plan of development or sale that is one acre or greater of disturbance; or

(iii) The total land disturbance from the construction of a single-family residence is less than one acre and the site is part of a larger common plan of development or sale that is one acre or greater of disturbance.

(c) A VESCP permit is required for the following land-disturbing activities:

(i) The total land disturbance is equal to or greater than 10,000 square feet; or

(ii) Construction of a single-family residence.

(d) For the construction of a single-family residence, at the discretion of the administrator, an agreement in lieu of an erosion and sediment control plan and/or an agreement in lieu of a stormwater management plan may be permitted.

(e) No VSMP permit shall be issued by the administrator until the following items have been submitted to and approved by the administrator as prescribed herein:

(i) A permit application that includes a VSMP general permit registration statement. A registration statement is not required for construction of a single-family residence;

(ii) An erosion and sediment control plan that meets the requirements of Chapter 13.10 SCC;

(iii) A stormwater management plan that meets the requirements of Chapter 13.10 SCC;

(iv) A stormwater pollution prevention plan that meets the requirements of Chapter 13.10 SCC; and

(v) A pollution prevention plan that meets the requirements of Chapter 13.10 SCC.

(f) No VESCP permit shall be issued by the administrator until the following items have been submitted to and approved by the administrator as prescribed herein:

(i) A VESCP permit application;

(ii) An erosion and sediment control plan that meets the requirements of Chapter 13.10 SCC; and

(iii) A stormwater management plan that meets the requirements of Chapter 13.10 SCC.

(g) No VSMP permit shall be issued until evidence of general permit coverage from DEQ is obtained.

(h) No VSMP permit or VESCP permit shall be issued until the fees required to be paid pursuant to SCC 13.05.050(2) are received and a performance bond required pursuant to SCC 13.05.060 has been submitted.

(i) No VSMP permit or VESCP 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.

No grading, building or other local permit shall be issued for a property unless a VSMP permit, when required, or a VESCP permit, when required, has been issued by the administrator. (Ord. 2014-09)

13.05.050 Permit application procedures, review procedures and review fees.

(1) VSMP and VESCP Permit Application Procedure.

(a) Applications for VSMP permits and VESCP permits must be filed with the administrator on any regular business day. Permit applications shall be accompanied by the following:

(i) Except for the construction of a single-family residence, VSMP general permit registration statement;

(ii) VESCP permit application;

(iii) Comprehensive drainage plan submittal checklist;

(iv) Seven copies of the stormwater management final plan and previously approved concept plan, if required;

(v) Seven copies of the erosion and sediment control plan;

(vi) Seven copies of the stormwater pollution prevention plan (required for VSMP permits only);

(vii) Seven copies of the pollution prevention plan (required for VSMP permits only);

(viii) Two copies of the stormwater management inspection and maintenance agreement documents;

(ix) 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;

(x) Any required review fees in accordance with Chapter 18.220 SCC;

(xi) Any required performance bond in accordance with SCC 13.05.060; and

(xii) 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 VESCP authority the name of an individual holding a certificate of competence, as provided by Section 62.1-44.15:52 of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land-disturbing activity. However, any VESCP authority may waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single-family residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of an individual holding a certificate of competence, as provided by Section 62.1-44.15:52. 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) The administrator shall determine the completeness of a permit application, including all documents as required by Division I of this title, and shall notify the applicant, in writing, of such determination within 15 calendar days. If the application is deemed to be incomplete, the written notification shall contain the reasons the application is deemed incomplete.

(c) The administrator shall have an additional 45 calendar days from the date of the notification of completeness to review the application, except that if a determination of completeness is not made within the time prescribed in subsection (1)(b) of this section, the application shall be deemed complete and the administrator shall have 45 calendar days from the date of submission to review the application.

(d) Within the time prescribed in subsections (1)(b) and (c) of this section, the administrator shall forward a written notice to the applicant indicating whether or not the permit application, comprehensive drainage plan and/or maintenance agreement are approved or disapproved.

(e) If the permit application, comprehensive drainage plan and/or maintenance agreement are disapproved, the administrator shall notify 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.

(f) If no action is taken by the administrator within the time specified in subsections (1)(b) and (c) of this section, the permit application shall be deemed approved and the applicant entitled to the permit required.

(g) Approved comprehensive drainage plans may be modified as follows:

(i) Modifications to an approved comprehensive drainage plan shall be allowed only after review and written approval by the administrator. The administrator shall have 45 calendar days to respond in writing either approving or disapproving such request;

(ii) The administrator may require that an approved comprehensive drainage plan be amended, within a time prescribed by the administrator, to address any deficiencies noted during inspection; or

(iii) When 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 and associated regulations, are agreed to by the administrator and the person responsible for carrying out the plan.

(h) The administrator shall require the submission of a construction record drawing for permanent stormwater management facilities.

(i) If the permit application, final comprehensive drainage plan and stormwater management inspection and 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 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; and

(v) A certified inspection of all aspects of the stormwater management facilities, including surface as-built surveys, and geotechnical inspections during subsurface or backfilling and compaction activities shall be required. Inspection reports shall be submitted to the administrator.

(2) Permit Fees. Applicants seeking a permit shall pay a fee prior to the issuance of such permit. Except for the construction of a single-family residence, applicants seeking a VSMP permit shall also pay an additional fee directly to the Department of Environmental Quality. Permit fees shall be paid to the city as follows:

(a) VSMP permit and/or VESCP permit: $3,000.

(b) Agreement in lieu of an erosion and sediment control plan and/or agreement in lieu of a stormwater management plan: $250.00.

(c) At the discretion of the administrator, when an agreement in lieu of an erosion and sediment control plan and/or an agreement in lieu of a stormwater management plan is permitted, the fee stated in subsection (2)(a) of this section may be waived if the administrator determines that the plan involves a single-family residence and involves only limited and controlled disturbance.

(d) Applicants seeking a VSMP permit shall also pay a fee directly to the Department of Environmental Quality in accordance with Table 1. For the construction of a single-family residence, no DEQ fee is required. When a site has 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.

Table 1: DEQ fees for a VSMP permit (payment shall be made directly to DEQ) 

Type of Permit

Fee Paid to DEQ

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)

$81

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)

$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)

$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)

$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)

$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)

$2,688

(e) Fees for the modification or transfer of registration statements from the general permit issued by the State Board shall be imposed in accordance with Table 2. If the general permit modifications result in changes to stormwater management plans that require additional review by the city, such reviews shall be subject to the fees set out in Table 2. The fee assessed shall be based on the total disturbed acreage of the site. In addition to the general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial permit fee paid and the 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 general permit for discharges of stormwater from construction activities 

Type of Permit

Fee Amount Paid to City

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)

$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

(f) The fees set forth in subsections (2)(d) and (e) of this section shall apply to:

(i) All persons seeking coverage under the general permit (VSMP permit).

(ii) All permittees who request modifications to or transfers of their existing registration statement for coverage under a general permit.

(iii) Persons whose coverage under the general permit has been revoked shall apply to DEQ for an individual permit for discharges of stormwater from construction activities.

(g) No general permit application (VSMP permit) fees will be assessed as to the following:

(i) Permittees who request minor modifications to general permits as defined in SCC 13.05.020. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that require additional review by the administrator shall not be exempt pursuant to this section.

(ii) Permittees whose general permits are modified or amended at the initiative of DEQ, excluding errors in the registration statement identified by the administrator or errors related to the acreage of the site.

(h) All incomplete payments will be deemed as nonpayments, and the applicant shall be notified of any incomplete payments. Interest may be charged for late payments at the underpayment rate set forth in Section 58.1-15 of the Code of Virginia and is calculated on a monthly basis at the applicable periodic rate. A 10 percent late payment fee shall be charged to any delinquent (over 90 days past due) account. The city shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount. (Ord. 2016-17; Ord. 2014-09; 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) To the fullest extent permitted by law, the stormwater control program fee shall be charged to owners of property including those as defined and 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 interest to accrue for any amounts remaining unpaid for 30 days after the date of the bill, or the final date on which it becomes payable, to equal to an annual rate of 10 percent, or such other maximum rate allowed by law, of the outstanding amounts, including accrued interest, or $1.50, whichever is greater, and with discontinuance and/or denial of city water and/or sewer service at any location of property of the owner after such charges and accrued interest have been delinquent after two months, with the charges and interest to constitute a lien against the property, ranking on a parity with liens for unpaid taxes. (Ord. 2014-09; 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 (performance security), in a form satisfactory to the administrator, prior to issuance of a permit in order to ensure that the stormwater management 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 performance security shall be $2,500 per acre of total land disturbance or fraction thereof. Where the land-disturbing activity results from the construction of a single-family residence with less than 10,000 square feet of total land disturbance, a performance bond of $2,500 must be provided.

(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 erosion and sediment control plan and 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. 2014-09; Ord. 2007-20. Code 1985, § 11-6; Ord. 11-9-95).