PART II - CODE
Chapter 31.2 STORMWATER MANAGEMENT
Chapter 31.2 STORMWATER MANAGEMENT [1]
Sec. 31.2-1. Definitions.
Sec. 31.2-2. Purpose and authorities.
Sec. 31.2-3. Stormwater permit requirement; exemptions.
Sec. 31.2-4. Stormwater management program established; submission and approval of plans;
prohibitions.
Sec. 31.2-5. Stormwater pollution prevention plan; contents of plan.
Sec. 31.2-6. Stormwater management plan; contents of plans.
Sec. 31.2-7. Pollution prevention plan; contents of plans.
Sec. 31.2-8. Review of stormwater management plan.
Sec. 31.2-9. Technical criteria for regulated land disturbing activities.
Sec. 31.2-10. Grandfathering.
Sec. 31.2-11. Variances.
Sec. 31.2-12 Long-term maintenance of permanent stormwater facilities.
Sec. 31.2-13. Monitoring and inspections.
Sec. 31.2-14. Hearings.
Sec. 31.2-15. Appeals.
Sec. 31.2-16. Enforcement.
Sec. 31.2-17. Fees.
Sec. 31.2-18. Performance bonds.
Sec. 31.2-19. Virginia Stormwater Management Handbook and BMP clearinghouse.
Sec. 31.2-20. Severability.
Sec. 31.2-21. Enforcement.
Sec. 31.2-22. Classification of properties.
Sec. 31.2-23. Pollution of the stormwater system.
Sec. 31.2-24. Notice to correct drainage.
Sec. 31.2-25. Authority.
Sec. 31.2-26. Stormwater utility fees.
Sec. 31.2-27. Late charges.
Sec. 31.2-28. Stormwater fund.
Sec. 31.2-1. Definitions.
(a) In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater Management
Regulations, as amended, which are expressly adopted and incorporated herein by reference, the
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following words and terms used in this article have the following meanings unless otherwise specified
herein. Where definitions differ, those incorporated herein shall have precedence.
Administrator means the city engineer, or his designee(s).
Agreement in lieu of stormwater management plan means a contract between the VSMP authority and
the owner or permittee specifying methods that shall be implemented to comply with the requirements of a
VSMP for the construction of a single-family residence; such contract may be executed by the VMSP
authority in lieu of a stormwater management plan.
Applicant means any person submitting an application for a permit or requesting issuance of a permit
under this article.
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 pollution of surface waters and groundwater systems from the impacts of land disturbing
activities.
Chesapeake Bay Preservation Act land disturbing activity means a land disturbing activity including
clearing, grading, or excavation that results in a land disturbance equal to or greater than 2,500 square feet
and less than one acre in all areas of jurisdictions designated as subject to the regulations adopted pursuant
to the Chesapeake Bay Preservation Act, Virginia Code § 62.1-44.15:67, et seq.
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.
Control measure means any best management practice or stormwater facility, or other method used
to minimize the discharge of pollutants to state waters.
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 of 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, or any subsequent revisions thereto.
Department means the Virginia Department of Environmental Quality.
Development means land disturbance and the resulting landform associated with the construction or
demolition of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or
structures or the clearing of land for non-agricultural or non-silvicultural purposes.
Developed property means any parcel which contains impervious surface area equal to or greater than
300 square feet or semi-pervious surface area equal to or greater than 600 square feet, or any combination
equal to or greater than 300 square feet.
Exempt property means any parcel which is owned by any federal, state or local agencies on which
the agency provides for maintenance of the storm drainage and stormwater facilities, provided the proper
permits for such facilities have been obtained from the Department of Environmental Quality.
General permit means the state permit titled GENERAL PERMIT FOR DISCHARGES OF
STORMWATER FROM CONSTRUCTION ACTIVITIES found in Part XIV (9VAC25-880-1 et seq.) of the
regulations authorizing a category of discharges under the CWA and the Act within a geographical area of
the Commonwealth of Virginia.
Impervious surface area means surfaces, such as parking lots, sidewalks, driveways and roofs, on or
in a lot or parcel of property which prevent the infiltration of water into the earth.
Land disturbance or land disturbing activity means a manmade change to the land surface that
potentially changes its runoff characteristics including clearing, grading, or excavation except that the term
shall not include those exemptions specified in subsection 31.2-3(c) of this article.
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Layout means a conceptual plan showing the nature of the land disturbing activity proposed for the
site and the type and location of any associated stormwater management facilities required at the time of
approval.
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 EPA promulgated test
protocols, increased monitoring frequency requirements, changes in sampling locations, and changes to
compliance dates within the overall compliance schedules. A minor 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.
Nonresidential property means all developed properties not meeting the residential property definition
herein including but not limited to, commercial properties, industrial properties, parking lots, recreational
and cultural facilities, hotels, offices, churches and multifamily facilities of five units or more.
Operator means the owner or operator of any facility or activity subject to regulation under this article.
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 this article, and which may
only be issued after evidence of general permit coverage has been provided to the department.
Permittee means the person to whom the VSMP permit is issued.
Person means any individual, corporation, partnership, association, state, municipality, commission,
or political subdivision of a state, governmental body, including federal, state, or local entity as applicable,
any interstate body or any other legal entity.
Process water means water used in a commercial, industrial, manufacturing, or processing operation
and which comes in contact with materials used in that operation or with the end product of the operation.
Regulations means the Virginia Stormwater Management Program (VSMP) Permit Regulations,
9VAC-25-870, as amended.
Residential property means developed property containing at least one but no more than four
residences or dwelling units, and accessory uses related to but subordinate to the purpose of providing a
permanent dwelling facility. Such property shall include but not be limited to houses, duplexes, triplexes,
quadraplexes, townhouses, condominiums and mobile homes.
Semi-pervious surface area means surfaces such as gravel lots or compacted soil, on or in a lot or
parcel of property which substantially reduce the rate of infiltration of stormwater into the earth. For
purposes of the utility, semi-pervious areas will be counted at one-half the measured area.
Site means the 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. Areas channelward of mean low water shall not be considered part of the site.
State means the Commonwealth of Virginia.
State board means the Virginia State Water Control Board.
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, and the Virginia Stormwater Management Act and attendant regulations.
State Water Control Law means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.
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.
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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.
Stormwater appeals board is the appeal authority designated by city council to hear appeals from any
person aggrieved by a decision of the city in regard to stormwater without a formal hearing or by inaction
of the city in regard to stormwater. The board shall be appointed by the city manager and shall consist of
three members: the city engineer, the assistant administrator of public utilities and the administrator of
public works. The city attorney or his designee shall serve a legal counsel to the board.
Stormwater management plan means a document(s) containing material describing methods for
complying with the requirements of section 31.2-6 of this article.
Stormwater pollution prevention plan or SWPP 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 article. 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.
Storm sewer or drain means a sewer which carries stormwater, surface runoff, street washwater and
drainage, but which excludes sanitary sewage.
Stormwater runoff means that part of precipitation that travels over natural altered or impervious
surfaces to the nearest stream, channel, conduit or impoundment and appears in surface waters.
Stormwater system means all manmade facilities, structures and natural watercourses used for
collecting and conveying stormwater to, through and from drainage areas to the points of final outlet,
including but not limited to, the following: streets, curbs and gutters, inlets, conduits and appurtenant
features, canals, creeks, channels, catchbasins, ditches, drains, sewers, streams, gulches, gullies, flumes,
culverts, siphons, retention or retention basins, dams, floodwalls, levees, pumping stations and wetlands.
Subdivision means the same as defined in section 33.1-22 of the City of Portsmouth's Subdivision
Ordinance.
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 source versus nonpoint source trade-offs.
Undeveloped property means any parcel which has not been altered from its natural state to disturb
or alter the topography or soils on the property in a manner which substantially reduces the rate of infiltration
of stormwater into the earth.
Virginia Stormwater Management Act or Act means Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter
3.1 of Title 62.1 of the Code of Virginia.
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.
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 this article, and evaluation
consistent with the requirements of this article and associated regulations.
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Virginia Stormwater Management Program authority or VSMP authority means authority [such as the
City of Portsmouth] approved by the state board after September 13, 2011, to operate a Virginia Stormwater
Management Program.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-2. Purpose and authorities.
(a) The purpose of this article is to ensure the general health, safety and welfare of the citizens of
Portsmouth and to protect the quality and quantity of state waters from the potential harm of
unmanaged stormwater, including protection from any land disturbing activity causing unreasonable
degradation of properties, water quality, stream channels, and other natural resources, and to establish
procedures whereby stormwater requirements related to water quality and quantity should be
administered and enforced.
(b) This article is adopted pursuant to Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of
the Code of Virginia and in compliance with 9VAC-25-870-20 and 9VAC.25-870-40 of the Virginia
Stormwater Management Regulations.
(c) The Federal Clean Water Act requires the city to implement a stormwater management program based
on the regulations and requirements published by the United States Environmental Protection Agency.
(d) The city is authorized by the Code of Virginia to construct, reconstruct, improve and extend a
stormwater utility system and to issue revenue bonds, if needed, to finance in whole or in part the cost
of such system and to establish just and equitable rates, fees and charges for the services and facilities
provided by the system.
(e) It is necessary and essential that the city provide for effective management and financing of a
stormwater system within the city to provide a mechanism for mitigating the damaging effects of
stormwater runoff on the environment and to improve the public health, safety and welfare by providing
for the safe and efficient capture and conveyance of stormwater runoff, the improvement of water
quality, and the correction of stormwater problems.
(f)
Stormwater runoff is associated with all developed properties in the city, whether residential or
nonresidential, and the volume of each individual property's stormwater runoff is related to the amount
of impervious and semi-pervious surface on the property.
(g) The administrator shall be responsible for the use, management, operation and maintenance of the
stormwater system as prescribed by this chapter. The administrator shall have authority to establish
procedures and to enforce regulations pertaining to the stormwater system.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-3. Stormwater permit requirement; exemptions.
(a) Except as provided herein, a person shall not conduct any land disturbing activity until they have
submitted a permit application to the VSMP authority that includes a state VSMP permit registration
statement, if such statement is required, and, after July 1, 2014, a stormwater management plan or an
executed agreement in lieu of a stormwater management plan, and has obtained VSMP authority
approval to begin land disturbance.
(b) A Chesapeake Bay Preservation Act land disturbing activity shall be subject to an erosion and
sediment control plan consistent with the requirements of chapter 11, a stormwater management plan
as outlined under section 31.2-6, the technical criteria and administrative requirements for land
disturbing activities outlined in section 31.2-9, and the requirements for the long-term maintenance of
control measures, as outlined under section 31.2-12
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(c) All single-family detached residential land disturbing activities within or outside a common plan of
development or sale, do not submit a registration statement.
(d) Notwithstanding any other provisions of this article, the following activities are exempt, unless
otherwise required by federal law:
(1) 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;
(2) Clearing of lands specifically for agricultural purposes and the management, tilling or 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 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide
agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of Article 9 of
Chapter 11 of Title 10.1 of the Code of Virginia;
(3) Single-family residences separately built and disturbing less than one acre and not part of a larger
common plan of development or sale, including additions or modifications to existing single-family
detached residential structures, unless the land disturbance is located in the city's Chesapeake
Bay Preservation Areas. In the Chesapeake Bay Preservation Areas, single family residences
separately built and disturbing less than 2,500 square feet are exempt;
(4) Land disturbing activities that disturb less than one acre of land area and not part of a larger
common plan of development or sale, except in the Chesapeake Bay Preservation Areas where
land disturbing activities less than 2,500 square feet are exempt;
(5) Discharge to a sanitary sewer system;
(6) Activities under a state or federal reclamation program to return an abandoned property to an
agricultural or open land use;
(7) 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 subsection; and
(8) 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 (a) is required within 30 days of commencing the land disturbing
activity.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-4. Stormwater management program established; submission and approval of
plans; prohibitions.
(a) Pursuant to Code of Virginia § 62.1-44.15:27, a Virginia Stormwater Management Program is hereby
established for land disturbing activities in the city, subject to the applicable regulations that specify
standards and specifications for VSMPs promulgated by the state board for the purposes set out in
section 31.2-2. The city engineer or his designee shall serve as the administrator of the Virginia
Stormwater Management Program.
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(b) 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:
(1) A VSMP permit application that includes a general permit registration statement.
(2) An erosion and sediment control plan approved in accordance with chapter 11 of this Code.
(3) A stormwater management plan that meets the minimum requirement of section 31.2-6
(4) A stormwater pollution prevention plan that meets the requirements of section 31.2-7
(5) Evidence that general permit coverage has been obtained.
(6) The required fees have been paid, pursuant to section 31.2-17, and a reasonable performance
bond required, pursuant to section 31.2-18, has been submitted.
(7) 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.
(c) No grading, building or other local permit shall be issued for a property unless a VSMP permit has
been issued by the administrator.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-5. Stormwater pollution prevention plan; contents of plan.
(a) The stormwater pollution prevention plan (SWPPP) must comply with the requirements and general
information set forth in Section 9VAC-25-880-70, of Section II [stormwater pollution prevention plan]
of the general permit. The SWPPP shall also include the content specified by Section 9VAC-25-87054, as follows:
(1) An approved erosion and sediment control plan, an approved stormwater management plan, a
pollution prevention plan for regulated land disturbing activities, and a description of any additional
control measure necessary to address a TMDL pursuant to subsection (a)(2) of this section.
a.
An erosion and sediment control plan consistent with the requirements of the Virginia Erosion
and Sediment Control Law and regulations must be designed prior to and implemented
during construction activities. Prior to land disturbance, this plan must be approved by either
the city or the department in accordance with the Virginia Erosion and Sediment Control Law
and attendant regulations.
b.
A stormwater management plan consistent with the requirements of the Virginia Stormwater
Management Act and regulations must be designed prior to and implemented during
construction activities. Prior to land disturbance, this plan must be approved by the VSMP
authority.
c.
A pollution prevention plan that identifies potential sources of pollutants that may reasonably
be expected to affect the quality of stormwater discharges from the construction site and
describe control measures that will be used to minimize pollutants in stormwater discharges
from the construction site must be developed before land disturbance commences.
(2) In addition to the requirement of subsection (a)(1) of this section, if a specific waste load allocation
for a pollutant has been established in a TMDL and is assigned to stormwater discharges from a
construction activity, additional control measures must be identified and implemented by the
operator so that discharges are consistent with the assumptions and requirements of the waste
load allocation in a state water control board-approved TMDL.
(3) The SWPPP must address the following requirements, to the extent otherwise required by state
law or regulations and any applicable requirements of a state permit:
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a.
Control stormwater volume and velocity within the site to minimize soil erosion;
b.
Control stormwater discharges, including both peak flow rates and total stormwater volume,
to minimize erosion at outlets and to minimize downstream channel and stream bank
erosion;
c.
Minimize the amount of soil exposed during construction activities;
d.
Minimize the disturbance of steep slopes;
e.
Minimize the sediment discharges from the site. The design, installation and maintenance of
erosion and sediment controls must address factors such as the amount, frequency, intensity
and duration of precipitation, the nature of resulting stormwater runoff, and soil
characteristics, including the range of soil particle sizes expected to be present on the site.
f.
Provide and maintain natural buffers around surface waters, direct stormwater to vegetated
areas to increase sediment removal and maximize stormwater infiltration, unless in feasible;
g.
Minimize soil compaction and, unless infeasible, preserve topsoil;
h.
Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any
clearing, grading, excavating, or other earth disturbing activities have permanently ceased
on any portion of the site, or temporarily ceased on any portion of the site and will not resume
for a period exceeding 14 calendar days. Stabilization must be completed within a period of
time determined by the VSMP authority. In arid, semiarid, and drought-stricken areas where
initiating vegetative stabilization measures immediately is infeasible, alternative stabilization
measures must be employed as specified by the VSMP authority; and
i.
Utilize outlet structures that withdraw water from the surface, unless infeasible, when
discharging from basins and impoundments.
(b) The SWPP shall be amended by the operator whenever there is a change in design, construction,
operation, or maintenance that has a significant effect on the discharge of pollutants to state waters
which is not addressed by the existing SWPPP.
(c) The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is
unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction
site. Operators shall make the SWPPP available for public review in accordance with Section II of the
general permit, either electronically or in hard copy.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-6. Stormwater management plan; contents of plans.
(a) The stormwater management plan, required in section 31.2-4, must apply the stormwater management
technical criteria set forth in section 31.2-9 to the entire land disturbing activity. Individual lots [in] new
residential, commercial, or industrial developments shall not be considered separate land disturbing
activities. A stormwater management plan that is approved for residential, commercial, or industrial
subdivision shall govern the development of the individual parcels, including those parcels developed
under subsequent owners. The stormwater management plan shall consider all sources of surface
runoff and all sources of subsurface and groundwater flows converted to subsurface runoff, and
include the following information:
(1) Information on the type and location of stormwater discharges, information on the features to
which stormwater is being discharged including surface waters, and the pre-development and
post-development drainage areas;
(2) Contact information including the name, address, and telephone number of the owner and the tax
reference map number and parcel number of the property or properties affected;
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(3) A narrative that includes a description of current site conditions and final site conditions;
(4) A general description of the proposed stormwater management facilities and the mechanism
through which the facilities will be operated and maintained after construction is complete;
(5) Information on the proposed stormwater management facilities, including:
a.
The type and size of the facilities;
b.
Location, including geographic coordinates;
c.
Acre treated; and
d.
The surface waters into which the facility will discharge.
(6) Hydrologic and hydraulic computations, including runoff characteristics;
(7) Documentation and calculations verifying compliance with the water quality and quantity
requirements of section 31.2-9
(8) A map or maps of the site that depicts the topography of the site and includes:
a.
All contributing drainage areas;
b.
Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains;
c.
Soil types, forest cover, and other vegetative areas;
d.
Current land use including existing structures, roads, and locations of known utilities and
easements;
e.
Sufficient information on adjoining parcels to assess the impacts of stormwater from the site
on these parcels;
f.
The limits of clearing and grading, and the proposed drainage patterns on the site;
g.
Proposed buildings, roads, parking areas, utilities, and stormwater management facilities;
and
h.
Proposed land use with tabulation of the percentage of surface area to be adapted to various
uses, including but not limited to, planned locations of utilities, roads and easements.
i.
All Chesapeake Bay Preservation Area designations of resource protection areas and
resource management areas.
j.
Any other information reasonably necessary for an evaluation of the development activity.
(b) If an operator intends to meet the water quality and/or quantity requirements set forth in section 31.29 through the use of off-site compliance options, where applicable, then a letter of availability from the
off-site provider must be included. Approved off-site options must be located within the boundary of
the city's MS4 and must achieve the necessary nutrient reductions prior to the commencement of the
applicant's land disturbing activity except as otherwise allowed by Code of Virginia § 62.1-44.15:35.
(c) Elements of the stormwater management plans that include activities regulated under Chapter 4 (§
54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a
professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of
Chapter 4 of Title 54.1 of the Code of Virginia.
(d) A construction record drawing for all permanent stormwater management facilities and any drainage
infrastructure that will become public property shall be submitted to the administrator. The construction
record drawing shall be appropriately sealed and signed by a professional registered in the
Commonwealth of Virginia, certifying that the stormwater management facilities and related drainage
infrastructure have been constructed in accordance with the approved plan.
(Ord. No. 2014-38, § 2, 5-13-2014 )
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Sec. 31.2-7. Pollution prevention plan; contents of plans.
(a) Pollution prevention plan, required by 9VAC-25-870-56, shall be developed, implemented and updated
as necessary and must detail the design, installation, implementation, and maintenance of effective
pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures
must be designed, installed, implemented and maintained to:
(1) Minimize the discharge of pollutants from equipment and vehicle washing, wheel washwater and
other washwaters. Washwaters must be filtered or pass through an approved sediment trapping
device prior to discharge;
(2) Minimize the exposure of building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste - including from
portable toilets, and other materials present on the site to precipitation and to stormwater; and
(3) Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak
prevention and response procedures.
(b) The pollution prevention plan shall include effective best management practices to prohibit the
following discharges:
(1) Wastewater from washout of concrete, unless managed by an appropriate control;
(2) Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds,
and other construction materials;
(3) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and
(4) Soaps or solvents used in vehicle and equipment washing.
(c) Discharges from dewatering activities, including discharges from dewatering of trenches and
excavations, are prohibited unless managed by appropriate sediment filtering controls.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-8. Review of stormwater management plan.
(a) The administrator shall review stormwater management plans and shall approve or disapprove a
stormwater management plan according to the following:
(1) The administrator shall determine the completeness of a plan in accordance with section 31.2-6,
and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt.
If the plan is deemed to be incomplete, the above written notification shall contain the reasons
the plan is deemed incomplete.
(2) The administrator shall have an additional 60 calendar days from the date of the communication
of completeness to review the plan, except that if a determination of completeness is not made
within the time prescribed in subdivision (1), then the plan shall be deemed complete and the
administrator shall have 60 calendar days from the date of submission to review the plan.
(3) The administrator shall review any plan that has been previously disapproved, within 45 calendar
days of the date of resubmission.
(4) During the review period, the plan shall be approved or disapproved and the decision
communicated in writing to the person responsible for the land disturbing activity or his designated
agent. If the plan is not approved, the reasons for not approving the plan shall be provided in
writing. Approval or denial shall be based on the plan's compliance with the requirements of this
chapter.
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(5) If a plan meeting all of the requirements of this chapter is submitted and no action is taken within
the time provided above in subdivision (2) for review, the plan shall be deemed approved.
(b) Approved stormwater plans may be modified as follows:
(1) Modifications to an approved stormwater management plan shall be allowed only after review
and written approval by the administrator. The administrator shall have 60 calendar days to
respond in writing either approving or disapproving such request.
(2) The administrator may require that an approved stormwater management plan be amended,
within a time prescribed by the administrator, to address any deficiencies noted during inspection.
(c) The administrator shall require the submission of a construction record drawing for permanent
stormwater management facilities. The administrator may elect not to require construction record
drawings for stormwater management facilities for which recorded maintenance agreements are not
required pursuant to subsection 31.2-12(b).
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-9. Technical criteria for regulated land disturbing activities.
All technical criteria for regulated land disturbing activities are contained in 9VAC-25-870-62 through
9VAC-25-870-99 of the Virginia Stormwater Management Program Permit regulations are hereby adopted
and incorporated in this article by reference and made applicable within the city. Such provisions and
requirements are hereby adopted and made a part of this chapter as fully as though set forth at length
herein.
(a) To protect the quality and quantity of [state] water from the potential harm of unmanaged
stormwater runoff resulting from land disturbing activities, the City of Portsmouth hereby adopts
the technical criteria for regulated land disturbing activities set forth in Part II B of the regulations,
as amended, expressly to include 9VAC-25-870-63 [water quality design criteria requirements];
9VAC-25-870-65 [water quality compliance]; 9VAC-25-870-66 [water quantity]; 9VAC-25-870-69
[offsite compliance options]; 9VAC-25-870-72 [design storms and hydrologic methods]; 9VAC25-870-74 [stormwater harvesting]; 9VAC-25-870-76 [linear development project]; and, 9VAC25-870-85 [stormwater management impoundment structures or facilities], which shall apply to
all land disturbing activities regulated pursuant to this chapter, except as expressly set forth in
section 31.2-10
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-10. Grandfathering.
(a) Any land disturbing activity shall be considered grandfathered by the VSMP authority and shall be
subject to the Part II C technical criteria of the VSMP regulation provided:
(1) A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final
subdivision plan, preliminary or final site plan, or any document determined by the locality to be
the equivalent thereto (i) was approved by the locality prior to July 1, 2012, (ii) provided a layout
as defined in 9VAC-25- 870-10, (iii) will comply with the Part II technical criteria of the VSMP
regulation, and (iv) has not been subsequently modified or amended in a manner resulting in an
increase in the amount of phosphorus leaving each point of discharge, and such that there is no
increase in the volume or rate of runoff;
(2) A state permit has not been issued prior to July 1, 2014; and
(3) Land disturbance did not commence prior to July 1, 2014.
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(b) Locality, state and federal projects shall be considered grandfathered by the VSMP authority and shall
be subject to the Part IIC technical criteria of the VSMP regulation provided:
(1) There has been an obligation of locality, state or federal funding, in whole or in part, prior to July
1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012;
(2) A state permit has not been issued prior to July 1, 2014; and
(3) Land disturbance did not commence prior to July 1, 2014.
(c) Land disturbing activities grandfathered under subsections (a) and (b) of this section shall remain
subject to the Part IIC technical criteria of the VSMP regulation for one additional state permit cycle.
After such time, portions of the project not under construction shall become subject to any new
technical criteria adopted by the board.
(d) In cases where governmental bonding or public debt financing has been issued for a project prior to
July 1, 2012, such project shall be subject to the technical criteria of Part II C.
(e) Nothing in this section shall preclude an operator from constructing to a more stringent standard at his
discretion.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-11. Variances.
(a) The administrator may grant variances to the technical requirements of Part II B or Part C of the
regulations, provided that (i) the variance is the minimum necessary to afford relief, (ii) reasonable and
appropriate conditions are imposed so that the intent of the Act, the regulations, and this chapter are
preserved, (iii) granting the variance will not confer any special privileges that are denied in other
similar circumstances, and (iv) exception requests are not based upon conditions or circumstances
that are self-imposed or self-created, (v) the variance will not substantially increase the flow rate of
stormwater runoff, (vi) the variance will not have an adverse impact on a wetland, channel, water body
or upstream and/or downstream of a receiving body of water, (vii) the variance will not contribute to
the degradation of water quality, and (viii) the variance will not be of substantial detriment to adjacent
property or adversely affect the character of adjoining neighborhoods. Economic hardship alone is not
sufficient reason to grant a variance.
(1) No variance to the requirement that the land disturbing activity obtain the required VSMP permit
shall be given by the administrator, nor shall the administrator approve the use of a BMP not
found on the Virginia Stormwater BMP Clearinghouse Website, or any other control measure not
duly approved by the administrator.
(2) No variance to requirements for phosphorous reductions shall be allowed unless offsite options
otherwise permitted pursuant to 9VAC-25-870-69 have been considered and found not available.
(b) Nothing in this section shall preclude an operator from constructing to a more stringent standard at
their discretion.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-12 Long-term maintenance of permanent stormwater facilities.
(a) The administrator shall require the provision of long-term responsibility for and maintenance of
stormwater management facilities and other techniques specified to manage the quality and quantity
of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior
to general permit termination or earlier as required by the administrator and shall at a minimum:
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(1) Be submitted to the administrator for review and approval prior to the approval of the stormwater
management plan;
(2) Be stated to run with the land;
(3) Provide for all necessary access to the property for purposes of maintenance and regulatory
inspections;
(4) Provide for inspections and maintenance and the submission of inspection and maintenance
reports to the administrator; and
(5) Be enforceable by all appropriate government parties.
(b) At the discretion of the administrator, such recorded instruments need not be required for stormwater
management facilities designed to treat stormwater runoff primarily from an individual residential lot
on which they are located, provided it is demonstrated to the satisfaction of the administrator that future
maintenance of such facilities will be addressed through an enforceable mechanism.
(c) If a recorded instrument is not required pursuant to subsection 31.2-12(b), the administrator shall
develop a strategy for addressing maintenance of stormwater management facilities designed to treat
stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy
may include periodic inspections, homeowner outreach and education, or other method targeted at
promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the
requirement for an inspection to be conducted by the administrator.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-13. Monitoring and inspections.
(a) The administrator shall inspect the land disturbing activity during construction for:
(1) Compliance with the approved erosion and sediment control plan;
(2) Compliance with the approved stormwater management plan;
(3) Development, updating, and implementation of a pollution prevention plan;
(4) Development and implementation of any additional control measures necessary to address a
TMDL.
(b) The administrator may, at reasonable times and under reasonable circumstances, enter any
establishment or upon any property, public or private, for the purpose of obtaining information or
conducting surveys or investigations necessary in the enforcement of the provisions of this chapter.
(c) In accordance with a performance bond with surety, cash escrow, letter of credit, any combination
thereof, or such other legal arrangement or instrument, the administrator may also enter any
establishment or upon any property, public or private, for the purpose of initiating or maintaining
appropriate actions which are required by the permit conditions associated with a land disturbing
activity when a permittee, after proper notice, has failed to take acceptable action within the time
specified.
(d) Pursuant to Code of Virginia § 62.1-44.15:40, the administrator may require every VSMP permit
applicant or permittee, or any such person subject to VSMP permit requirements under this chapter,
to furnish when requested such application materials, plans, specifications, and other pertinent
information as may be necessary to determine the effect of his discharge on the quality of state waters,
or such other information as may be necessary to accomplish the purposes of this chapter.
(e) Post-construction inspections of stormwater management facilities required by the provisions of this
chapter shall be conducted by the administrator pursuant to the city's adopted and state board
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approved inspection program, and shall occur, at minimum, at least once every five (5) years except
as may otherwise be provided for in section 31.2-12
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-14. Hearings.
(a) Any permit applicant or permittee, or person subject to the requirements of this chapter, aggrieved by
any action of the city taken without a formal hearing, or by inaction of the city, may demand in writing
a formal hearing by the stormwater appeals board, which is designated by the city council as its
appeals body, provided a petition requesting such hearing is filed with the administrator within 30 days
after notice of such action is given by the administrator.
(b) The hearings held under this section shall be conducted by the stormwater appeals board at a time
and place authorized by the stormwater appeals board.
(c) A verbatim record of the proceedings of such hearings shall be taken and filed with the stormwater
appeals board. Depositions may be taken and read as in actions at law.
(d) The stormwater appeals board or its designated member, as the case may be, shall have power to
issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such
subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce
documents shall be acted upon by the stormwater appeals board, whose action may include the
procurement of an order of enforcement from the circuit court of the City of Portsmouth. Witnesses
who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-15. Appeals.
Within 30 days of the decision of the stormwater appeals board, a decision entered pursuant to section
31.2-14 may be appealed to the Circuit Court of the City of Portsmouth. The petition for appeal shall be
filed in writing within 30 days of the date of the decision, determination or action, shall state clearly the
grounds on which the appeal is based.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-16. Enforcement.
(a) If the administrator determines that there is a failure to comply with the VSMP permit conditions or
determines there is an unauthorized discharge, notice shall be served upon the permittee or person
responsible for carrying out the permit conditions by any of the following: verbal warnings and
inspection reports, notices of corrective action, consent special orders, and notices to comply, Written
notices shall be served by registered or certified mail to the address specified in the permit application
or by delivery at the site of the development activities to the agent or employee supervising such
activities.
(1) The notice shall specify the measures needed to comply with the permit conditions and shall
specify the time within which such measures shall be completed. Upon failure to comply within
the time specified, a stop work order may be issued in accordance with subsection (a)(2) below
or the permit may be revoked by the administrator.
(2) If a permittee fails to comply with a notice issued in accordance with this section within the time
specified, the administrator may issue a stop work order requiring the owner, permittee, person
responsible for carrying out an approved plan, or the person conducting the land disturbing
activities without an approved plan or required permit to cease all land disturbing activities until
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the violation of the permit has ceased, or an approved plan and required permits are obtained,
and specified corrective measures have been completed.
Such orders shall become effective upon service on the person by certified mail, return receipt
requested, sent to his address specified in the land records of the locality, or by personal delivery by an
agent of the administrator. However, if the administrator finds that any such violation is grossly affecting or
presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in
waters within the watersheds of the commonwealth or otherwise substantially impacting water quality, he
may issue, without advance notice or hearing, an emergency order directing such person to cease
immediately all land disturbing activities on the site and shall provide an opportunity for a hearing, after
reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such
emergency order. If a person who has been issued an order is not complying with the terms thereof, the
administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in
accordance with subsection 31.2-16(c).
(b) In addition to any other remedy provided by this chapter, whenever the permittee has failed to comply
with a notice to comply issued under this section, the administrator may direct the appropriate city
official to suspend or revoke other city-issued licenses and permits that may be reasonably associated
with the proper execution of the approved plan. Such suspension or revocation shall remain in effect
until the permittee becomes compliant with the approved plan and has satisfactorily addressed the
issues identified in the written notice, as determined by the administrator. Such other permits or
licenses shall include, but are not necessarily limited to, building permits, zoning permits and
clearances, health permits, land disturbing permits, right- of-way permits, et al.
In the event of a revocation of a land disturbing permit or the issuance of a stop work order, the owner
or applicant shall be required to re-apply for the land disturbance permit and submit the required land
disturbance permit fees based on the fee schedule that was in place at the time of the revocation or
issuance, respectively. In addition, the site must be in compliance and pass a site inspection conducted by
the city's VSMP inspectors before the new land disturbance permit will be issued.
(c) Any person violating or failing, neglecting or refusing to obey any rule, regulation, ordinance, order,
approved standard or specification, or any permit condition issued by the administrator may be
compelled in a proceeding instituted in the circuit court of the City of Portsmouth by the city to obey
same and to comply therewith by injunction, mandamus, or other appropriate remedy.
(d) Any person who violates any provision of this chapter or who fails, neglects or refuses to comply with
any order of the administrator, shall be subject to a civil penalty not to exceed $32,500.00 for each
violation within the discretion of the court. Each day of violation of each requirement shall constitute a
separate offense.
(1) Violations for which a penalty may be imposed under this subsection shall include but not be
limited:
a.
No state permit registration;
b.
No SWPPP;
c.
Incomplete SWPPP;
d.
SWPPP not available for review;
e.
No approved erosion and sediment control plan;
f.
Failure to install stormwater BMP's or erosion and sediment controls;
g.
Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
h.
Operational deficiencies;
i.
Failure to conduct required inspections;
j.
Incomplete, improper, or missed inspections; and
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k.
Discharges not in compliance with the requirements of Section 9VAC-25-880-70 of the
general permit.
(2) The administrator may institute proceedings for collection of the civil penalty and the action may
be prosecuted in the appropriate court.
(3) In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm
caused by the violation and also the economic benefit to the violator from noncompliance.
(4) Any civil penalties assessed by a court as a result of proceedings initiated by the city shall be
paid into the treasury of the City of Portsmouth to be used for the purpose of minimizing,
preventing, managing, or mitigating pollution of the waters of the locality and abating
environmental pollution therein.
(c) Notwithstanding any other civil or equitable remedy provided by this section or by law, any person who
willfully or negligently violates any provision of this chapter, any order of the administrator, any
condition of a permit, or any order of a court shall be guilty of a misdemeanor punishable by
confinement in jail for not more than 12 months or a fine of not less than $2,500.00 nor more than
$32,500.00, or both.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-17. Fees.
(a) Applicant shall be required to pay the City of Portsmouth's applicable land disturbance permit fees,
site plan review fees, and site inspection fees.
(b) All fees, including fees for permit issuance, modification or transfer or registration statements, and
permit maintenance fees, are provided in the City of Portsmouth Engineering Department's Schedule
of Fees.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-18. Performance bonds.
Prior to the issuance of any permit, the applicant may be required to submit a reasonable performance
bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement
acceptable to the city attorney, to ensure that measures could be taken by the City of Portsmouth at the
applicant's expense should he fail, after proper notice, within the time specified to initiate or maintain
appropriate actions which may be required of him by the permit conditions as a result of his land disturbing
activity. If the city takes such action upon such failure by the applicant, the city may collect from the applicant
for the difference should the amount of the reasonable cost of such action exceed the amount of the security
held, if any. Within 60 days of the completion of the requirements of the permit conditions, such bond, cash
escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall
be refunded to the applicant or terminated.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-19. Virginia Stormwater Management Handbook and BMP clearinghouse.
The Virginia Stormwater Management Handbook and the BMP Clearinghouse, including all future
amendments thereto are hereby adopted and incorporated by reference. Whenever the handbook and the
BMP Clearinghouse conflict, the more stringent shall control.
(Ord. No. 2014-38, § 2, 5-13-2014 )
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Sec. 31.2-20. Severability.
Each separate provision of this chapter is deemed independent of all other provisions herein so that if
any provision or provisions of this chapter be declared invalid, all other provisions shall remain valid and
enforceable.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-21. Enforcement.
This chapter shall become effective on July 1, 2014.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-22. Classification of properties.
(a) For the purpose of determining the stormwater management fee, all properties in the city shall be
classified by the administrator into one of the following categories:
(1) Residential.
(2) Nonresidential.
(3) Undeveloped.
(4) Exempt.
(b) The administrator shall determine impervious and semi-pervious area for nonresidential property
accounts utilizing aerial planimetric data, city real estate assessment data, and other data acquired by
office staff. The administrator may require additional information from the owner as necessary to make
such a determination.
(c) The stormwater management fee for vacant developed property, both residential and nonresidential,
shall be the same as that for occupied property of the same class.
(d) Undeveloped property shall be exempt from the stormwater management fee.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-23. Pollution of the stormwater system.
(a) Prohibited acts:
(1) It shall be unlawful for any person to put, or allow to be put, any process water, wastewater, filth,
animal or vegetable matter, chips, shavings or any other substance in the stormwater system, or
do any injury thereto, or in any manner pollute the stormwater system.
(2) It shall be unlawful for any person to pour or discharge, or to permit to be poured or discharged,
or to deposit, so that the same may be discharged, any gasoline, oil waste, antifreeze, or other
fluids from vehicles or motor vehicles or equipment into any stormwater system.
(3) It shall be unlawful for any commercial, industrial or manufacturing entity to discharge process
water or unpermitted discharge into any stormwater system.
(4) It shall be unlawful for any person to throw, place or deposit, or cause to be thrown, placed or
deposited, in any gutter, ditch, storm drain or other drainage area in the city anything that impedes
or interferes with the free flow of stormwater therein.
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(b) Penalty for violation. Unless otherwise specified, any person or entity who shall violate any of the
provisions of this chapter, or any regulation promulgated pursuant to authority granted by this chapter,
shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $1,000.00 or up to 30
days imprisonment for each violation or by both fine and imprisonment. Any such person shall
furthermore be liable for all damage, loss and/or expense suffered or incurred by the city as a result of
such violation, and the city may elect to pursue either or both civil and criminal remedies.
(c) Remediation and removal. In addition to any penalty imposed for a violation of subsections (a)(1)
through (4) of this section, the court hearing the case may direct the person responsible for the
discharge or deposit, and each day's default in such remediation or removal shall constitute a violation
of and a separate offense under this section.
(d) Enforcement. The administrator and/or his designee, police officers, and fire marshals are hereby
designated and authorized to enforce the provisions of this chapter.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-24. Notice to correct drainage.
(a) Whenever the administrator shall find that a tract of land is inadequately drained, or that there is an
obstruction to a culvert, drain or other natural or manmade watercourse that interferes with stormwater
naturally flowing therein or that such culvert, drain or watercourse is of insufficient capacity to
reasonably accommodate the flow of stormwater, the administrator or a person designated by the
administrator shall notify the owner or person having possession, charge or management of such land
to remove the obstruction or provide the necessary drainage.
(b) The owner or person having possession, charge or management of the land in question must comply
with the administrator's order within the time specified in the notice. Failure to comply with such order
shall constitute a violation of this chapter. In addition to any penalty imposed for each violation, the
court hearing the case may direct the person responsible for the obstruction to remediate or correct
the obstruction, and each day's default in such remediation or correction shall constitute a violation of
and a separate offense under this section.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-25. Authority.
The city is authorized by the provisions of Code of Virginia § 15.2-100 et seq. and the Constitution of
the Commonwealth of Virginia to construct, reconstruct, improve and extend the stormwater system;
establish utility charges; and to issue bonds and other debts as needed to finance in whole or in part the
costs of the system and to establish rents, fees and charges for the services and facilities provided by the
system.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-26. Stormwater utility fees.
(a) The stormwater utility fees set out in Appendix A to this Code are hereby authorized for all utility
customers in the city. Rates will be based upon equivalent residential units (ERU). An ERU will be the
equivalent of 1,877 square feet of impervious area which will include all buildings, structures and other
impervious and semi-pervious surfaces which contribute to stormwater runoff. The minimum monthly
charge shall be equal to one ERU. The number of ERU's will be determined by the administrator of
public works or his designee.
(b) All payments for this service shall be the responsibility of the owner.
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(c) When new properties are brought into the utility system, fees will accrue commencing with either
completion of a frame or slab inspection or upon completion of any construction which contributes
impervious surface area where no certificate is issued or required for such construction.
(d) In the event of alteration or addition to a nonresidential property which alters the amount of impervious
surface area, the stormwater management fees will be adjusted upon either the completion of a frame
or slab inspection or upon completion of the construction, whichever occurs first, and the adjustment
will be reflected in the next billing cycle.
(e) Nonresidential parcels having a total impervious surface area greater than 250,000 square feet shall
be assessed on the same basis as parcels of 250,000 square feet, for an interim period which is
authorized for up to five years, which period shall expire no later than June 30, 2000, for the purpose
of investigating and evaluating the drainage runoff patterns and possible use of regional best
management practices (BMPs).
(f)
Petitions for adjustments to the stormwater fees for residential and nonresidential properties shall be
submitted to the city manager or his designee, who shall be given the authority to administer the
procedures and standards and review criteria for the adjustment of fees as established herein. Any
petition submitted for adjustment to the stormwater fees for a residential or nonresidential property
shall be accompanied with a site plan or other such similar scaled drawing. A petition shall also include
calculations of the property's impervious and semi-pervious area. The site plan and the calculations
shall both be prepared by a professional engineer or land surveyor licensed in the commonwealth and
acceptable in format and content to the administrator of public works or his designee.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-27. Late charges.
In the event charges are not paid when due, interest thereon shall at that time accrue, at the annual
rate of ten percent, until such time as the overdue payment and interest is paid. Charges and interests may
be recovered by action at law or suit in equity and shall constitute a lien against the property, ranking on a
parity with liens for unpaid taxes.
(Ord. No. 2014-38, § 2, 5-13-2014 )
Sec. 31.2-28. Stormwater fund.
There shall be established a stormwater fund for the deposit of all fees collected pursuant to this article.
Income derived from these charges shall be dedicated special revenue and may be used only for the
following:
(1) The acquisition by gift, purchase or condemnation of real and personal property, and interest
therein, necessary to construct, operate and maintain stormwater control facilities;
(2) The cost of administration of such programs;
(3) Engineering and design, debt retirement, construction costs for new facilities and enlargement or
improvement of existing facilities;
(4) Facility maintenance;
(5) Monitoring of stormwater control devices; and
(6) Pollution control and abatement, consistent with state and federal regulation for water pollution
control and abatement.
(Ord. No. 2014-38, § 2, 5-13-2014 )
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FOOTNOTE(S):
--- (1) --Charter reference— Power of city to levy and collect taxes from purchases of public utility services, §
2.02. (Back)
Cross reference— Erosion and sediment control, ch. 11; water, sewers and sewage disposal, ch. 38.
(Back)
State Law reference— Erosion and sediment control programs, Code of Virginia, § 10.1-562;
Chesapeake Bay Preservation Act, Code of Virginia, § 10.1-2100 et seq.; local stormwater management
programs, Code of Virginia, § 10.2-603.3; authority to acquire and maintain a stormwater management
system, Code of Virginia, § 15.2-2109; regulation of stormwater, Code of Virginia, § 15.2-2114; authority
to create a stormwater control authority, Code of Virginia, § 15.2-5102. (Back)
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