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Memorandum of Understanding between Caroline County
and the Towns of Bowling Green and Port Royal for the
Implementation of the Virginia Stormwater
Management Program (VSMP)
WHEREAS, the Virginia General Assembly passed the Virginia Stormwater Act (§ 10.1-603.2:1, Code
of Virginia as amended) which directs the Virginia Soil and Water Conservation Board (i.e. the
“Board”) to promulgate and adopt Virginia Stormwater Management Regulations, and;
WHEREAS, on May 24, 2011 the Board adopted the Virginia Stormwater Management Program
(VSMP) Permit Regulations Parts I, II, and III and said regulations became effective on Sept. 13, 2011,
and apply to all cities and counties in the Commonwealth, as well as to Towns at local option;
WHEREAS, Caroline County and the Towns of Port Royal and Bowling Green (i.e. “LOCALITIES”)
agreed to work with the George Washington Regional Commission (i.e. “Commission”) on the
development of an initial regional VSMP implementation program response through a planning
grant awarded by the Virginia Department of Conservation and Recreation (VDCR) to the
Commission, and;
WHEREAS, said VSMP planning grant provides for continuing regional staff and consultant
support to the participating localities to assist their development of the final local VSMP program
and associated local ordinances, and;
WHEREAS, all Planning District 16 local governments have, as a result of the work under the
Commission’s VSMP planning grant to develop the preliminary VSMP deliverables required by
VDCR to demonstrate substantive progress toward local compliance with the VSMP program.
expressed their intent to request an extension to VDCR’s deadline for implementation of the VSMP
authority so that local governments can complete the necessary revision of local ordinances and
program implementation details subject to review and approval by VDCR and the Board, and;
WHEREAS, the Commission is obligated under the VDCR VSMP implementation planning grant to
provide direct technical assistance to LOCALITIES to develop the Caroline County VSMP program
in a manner compliant with the VSMP regulations and acceptable to the governing bodies of the
LOCALITIES.
NOW, THEREFORE BE IT RESOLVED that the LOCALITIES agree that:
1. Each Town and the County will designate an appropriate representative to serve on a Caroline
County VSMP implementation committee (i.e. “VSMP Committee”), and;
2. Said VSMP Committee will work with the Commission’s staff and consultants to review and
modify the Caroline County and/or Town Code of Ordinances in a manner that: a) meets or
exceeds the VSMP requirements and b) is acceptable to the respective governing bodies of the
LOCALITIES, and;
3. Said representatives will communicate with the local government senior administrative
and/or legal staff, local planning commissions, and/or governing bodies as needed to ensure
appropriate input to the work of the VSMP Committee, and;
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4. The VSMP Committee will develop recommendations to be submitted to the Town Councils of
Bowling Green and Port Royal and the Caroline County Board of Supervisors that identify the
respective roles and authorities of each governing body relative to the implementation of the
VSMP program in Caroline County, and provides an equitable and practical plan for allocation
of VSMP fee revenue collected to support VSMP program implementation.
5. The VSMP Committee will evaluate the existing independent authority exercised by the Towns
under the Chesapeake Bay Preservation Act for regulating land-disturbance activities and
make recommendations as to the Towns’ retention of said independent authority or merging
or otherwise amending said authority under the County’s VSMP program response.
6. Upon completion of the work of the VSMP Committee, any decisions of the LOCALITIES with
respect to the final authority and responsibilities of the LOCALITIES for the VSMP program and
the Chesapeake Bay Preservation Act, as may be authorized by VDCR and the Board, shall be
memorialized in appropriate form for purposes of compliance with and implementation of
applicable state laws and regulations.
Considered and agreed to by the LOCALITIES on the date indicated below.
TOWN OF BOWLING GREEN
This MOU was considered and approved by the Bowling Green Town Council on ___________________,
2013.
________________________________________
Stephen H., Manster, Clerk
Bowling Green Town Council
_____________________________________
Date
TOWN OF PORT ROYAL
This MOU was considered and approved by the Port Royal Town Council on ___________________,
2013.
________________________________________
Nancy Long, Mayor
Port Royal Town Council
_____________________________________
Date
CAROLINE COUNTY BOARD OF SUPERVISORS
This MOU was considered and approved by the Caroline County Board of Supervisors on
___________________, 2013.
______________________________________
Charles M. Culley
County Administrator
_____________________________________
Date
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