A. Inhibit the deterioration of existing waters and waterways by requiring that post-development runoff characteristics, including both water quantity and quality, as nearly as practical, are equal to or better than the pre-development runoff characteristics;

B. Control non-point source pollution, localized flooding and stream channel erosion, by establishing minimum acceptable technical criteria that must be met by all persons proposing development (excluding noted exceptions) within the City;

C. Establish minimum acceptable administrative procedures, and technical design criteria that must be met by all persons proposing development (excluding noted exceptions) within the City;

D. 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;

E. Provide for the integration of the Stormwater Management Plan with the Erosion and Sediment Control Plans, through its combined preparation as part of a Comprehensive Drainage Plan, site plan review, flood insurance, floodplain management, and any other programs, ordinances, and regulations requiring compliance prior to authorizing construction;

F. Provide for the periodic review and evaluation of stormwater management and for the annual report to the General Assembly of the extent to which Stormwater Management has reduced non-point source pollution and mitigated the detrimental effects of localized flooding.

“agreement in lieu of a plan” means a contract between the plan-approving authority and the owner which specifies conservation measures which must be implemented in the construction of a single-family residence; this contract may be executed by the plan-approving authority in lieu of a formal site plan. (Ord. of 11/09/95)

“applicant” means any person submitting a Comprehensive Drainage Plan for approval or requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence.

“adequate channels” means a channel or conveyance system that will convey the designated frequency storm event without overtopping the channel banks or exceeding the conveyance system so that flooding results or erosive damage to the channel bed or banks occurs.

“administrator” means the Building Official of the City.

“channel” means a natural stream or man-made waterway.

“city” means the City of Staunton.

“clearing” means any activity which removes the vegetative ground cover, including but not limited to the removal of vegetation, root mat removal and/or topsoil removal.

“comprehensive drainage plan” means the plan submission required prior to the issuance of any land disturbing permit that contains an Erosion and Sediment Control Plan and a Stormwater Management Plan as separate and distinct requirements therein.

“conservation plan, erosion and sediment control plan” or “plan” means a document, as part of a Comprehensive Drainage Plan, 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 to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.

“department” means the Department of Conservation and Recreation.

“designated enforcement official" means the Building Official of the City.

“development” means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units.

“district” or “soil and water conservation district” means a political subdivision of this Commonwealth organized in accordance with the provisions of Article 3, Sections 10.1-506 et. seq. of Chapter 5 of Title 10.1 of the Code of Virginia, 1950, as amended.

“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 shorelines where the erosion results from wave action or other coastal processes. (Ord. of 11/9/95)

“excavating” means any digging, scooping or other method of removing earth materials.

“filling” means any depositing or stockpiling of earth materials.

“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.

“grading” means any excavating or filling of earth materials or any combination thereof.

“infiltration facility” means a stormwater management facility which temporarily impounds runoff and discharges it via infiltration through the surrounding soil. While an infiltration facility may also be equipped with an outlet structure to discharge impounded runoff, such discharge is normally reserved for overflow and other emergency conditions. Since an infiltration facility impounds runoff only temporarily, it is normally dry during non-rainfall periods.

“inspection” means an on-site review of the project’s compliance with the approved Comprehensive Drainage Plan, the City of Staunton Stormwater Management Program, and the City’s applicable design criteria.

“land development” or “land development project” means a man-made change to the land surface that potentially changes its runoff characteristics.

“land-disturbing activity” means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land with the exception that all activities as set forth in Section 11-4 of this Chapter shall not be included within this definition.

“land-disturbing permit” means a permit issued by the Building Official for clearing, filling, excavating, grading or transporting, or any combination thereof.

“local erosion and sediment control program” or “local control program” means an outline of the various methods employed by a district or locality to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation.

“non-point source pollution” means pollution whose sources cannot be pinpointed but rather is washed from the land surface in a diffuse manner by stormwater runoff.

“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.

“permittee” means the person to whom the permit authorizing land disturbing activities is issued or the person who certifies that the approved Comprehensive Drainage Plan will be followed.

“person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, any interstate body, or other legal entity.

“plan-approving authority” means the City Engineer.

“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.

“pre-development” refers to conditions that exist at the time that plans for the land development are submitted to the City. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing land use at the time the first item is submitted shall establish pre-development conditions.

“program” means the City of Staunton Stormwater Management Program.

“regional stormwater management facility” or “regional swm facility” means a facility or series of facilities designed to control stormwater runoff from a large contributing area, although only portions of the watershed may experience land development.

“regional stormwater management plan” or “regional swm 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.

“regulations” means the Commonwealth of Virginia Department of Conservation and Recreation Erosion and Sediment Control and Stormwater Management Regulations. (Ord. of 11/9/95)

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

“site-specific stormwater management facilities” or “site-specific swm facilities” means facilities which are designed to control stormwater emanating from a specific site.

“state erosion and sediment control program” or “state program” means the program administered by the Virginia Soil and Water Conservation Board pursuant to Article 4 of Chapter 5, Title 10 of the Code of Virginia, 1950, as amended, including regulations designed to minimize erosion and sedimentation.

“state waters” means all waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdiction.

“state project” means the construction of any facility or expansion of an existing facility including, but not limited to land clearing, soil movement, or land development, which is undertaken by any State agency, board, commission, authority or any branch of State government, including State-supported institution of higher learning, which disturbs more than one acre of land.

“stormwater detention basin” or “detention basin” means a stormwater management facility which temporarily impounds runoff and discharges it though a hydraulic outlet structure to a downstream conveyance system. Since a detention facility impounds runoff only temporarily, it is normally dry during non-rainfall periods.

“stormwater management facility” or “swm facility” means a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release, or the velocity of flow.

“stormwater management plan” or “swm plan” means a document or portion of a comprehensive drainage plan containing material for describing how existing runoff characteristics will be maintained by a land development project.

“stormwater retention basin” or “retention basin” means a stormwater management facility which is similar to a detention basin, in that it temporarily impounds runoff and discharges its outflow through a hydraulic outlet structure to downstream conveyance system. Unlike a detention basin, a retention basin also includes a permanent impoundment. Therefore, it is normally wet, even during non-rainfall periods. Storm runoff inflows are temporarily stored above this permanent impoundment.

“subdivision” means the division of a lot, tract or parcel of land into three (3) or more lots, tracts or parcels, which are less than five (5) acres in area each for the purpose, whether immediate or future, of sale or of building development or if a new street is involved in such division any division of a parcel of land. The term includes resubdivision and when appropriate to the context, shall relate to the process of subdividing or the land subdivided.

“transporting” means any moving of earth materials from one place to another, where such materials either originate in the City or are deposited in the City, other than such movement incidental to grading on a single site, when such movement results in destroying the vegetative ground cover, either by tracking or by the buildup of earth materials to the extent that erosion and sedimentation may result from the soil or earth materials over which such transporting occurs.

“water quality volume” means the volume equal to the first 0.5 inch of runoff multiplied by the total area of the land development project (see definition of “land development project”).

“watershed” means the total drainage area contributing runoff to a single point.

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 only apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Title 10.1 § 10.1-1100 et. seq. of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in § 10.1-1163(B) of the Code of Virginia (Ord. of 11/9/95).

H. Repair or rebuilding of the tracks, right-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, 1950, as amended, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.

J. Editor’s note: This section deleted per Ord. of 11/9/95.

K. Disturbed land areas of less than 10,000 square feet in size (with respect to erosion and sediment control) or disturbed land areas of less than one acre in size (with respect to stormwater management).

L. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles.

M. 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 plan-approving authority.

A. Except as provided in § 10.1-564 and § 10.1-603.5 of the Code of Virginia, as amended (State agency projects), no person may engage in any land-disturbing activity (except as provided under § 11-4 hereof) until he has submitted to the Administrator a Comprehensive Drainage Plan for the land disturbing activity and such plan has been approved by the Administrator of the City and a permit issued therefor. Where the land-disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the plan-approving authority.

B. Applicants for such permit shall submit four copies of a Comprehensive Drainage Plan to the Administrator applicable to the premises subject to the land-disturbing activity, which plan shall contain as a part thereof (i) an Erosion and Sedimentation Control Plan, (ii) a Stormwater Management Plan and (iii) a 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. Notwithstanding the foregoing, however, where land-disturbing activities involve lands under the jurisdiction of more than one local program, the applicant may, as an option, submit the plan directly to the Virginia Soil and Water Conservation Board for review.

C. For the purposes under this section, when land-disturbing activity will be required of a contractor performing work pursuant to a construction contract, the preparation, submission and approval of an erosion and sediment control plan shall be the responsibility of the owner of the land upon which activity takes place.

D. Other City agencies authorized under any other law to issue grading, building or other permits for activities involving land-disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed.

E. Each applicant shall be charged a fee, to be paid at the time of the application, as follows:

F. The administrator shall review the Comprehensive Drainage Plan to ensure compliance with the Virginia Erosion and Sediment Control Act, the State Stormwater Management Regulations, and the requirements of this chapter and grant written approval within forty-five days of the receipt of the plan if it is determined that the plan meets such requirements and if the person responsible for carrying out the plan certifies that he will properly carry out the measures included in the plan and will conform in all respects to the requirements of this chapter. If the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within forty-five days. The notice shall specify the modifications, terms and conditions that will permit approval of the plan. If no action is taken by the Administrator within the time specified above, the plan shall be deemed approved and the applicant entitled to the permit required hereunder.

G. An approved plan may be changed by the Administrator in the following cases:

A. Prior to the issuance of any permit, the applicant shall submit to the City a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the City, to ensure that measures could be taken by the City 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 approved Comprehensive Drainage Plan (including the Erosion and Sedimentation Control Plan and the Stormwater Management Plan), as a result of his land development project. If the City takes such action upon the failure of 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.

B. Within sixty days of the achievement of adequate stabilization and fulfillment of other requirements of the approved comprehensive drainage plan, such security, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated. (Ord. of 11/9/95)

C. The requirements set forth herein are in addition to all other provisions of law relating to the issuance of such plans and are not intended to otherwise affect the requirements of such plans.

A. The Administrator, or his designated representative, shall (i) provide for periodic inspections of the land-disturbing activity and (ii) may require monitoring and reports from the person responsible for carrying out the plan, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment and provide effective stormwater management. The owner, occupier or operator shall be given notice of the inspection. If the Administrator or the City determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. Where the City serves such notice, a copy of the notice shall be sent to the Administrator. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter and be subject to the penalties provided herein. (Ord. of 11/9/95)

B. Upon receipt of a sworn complaint of a substantial violation of this chapter or of § 10.1-563 or 10.1-564 of the Code of Virginia from the designated enforcement officer, the Administrator may, in conjunction with or subsequent to a notice to comply as specified in subsection A above, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken, or if land-disturbing activities have commenced without an approved plan as provided in § 10.1-563, requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commended without an approved plan or any required permits, such an order may be issued whether or not the alleged violator has been issued a notice to comply as specified in subsection A above. Otherwise, such an order may be issued only after the alleged violator has failed to comply with a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for seven days from the date of service pending application by the enforcing authority or alleged violator for appropriate relief to the Circuit Court of the jurisdiction wherein the violation was alleged to have occurred. If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the order, the Administrator may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the locality in which the site is located. The owner may appeal the issuance of an order to the Circuit Court of the jurisdiction wherein the violation was alleged to have occurred. Any person violating or failing, neglecting or refusing to obey an order issued by the Administrator may be compelled in a proceeding instituted in the Circuit Court of the jurisdiction wherein the violation was alleged to have occurred to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. Nothing in this section shall prevent the Administrator from taking any other action specified in § 10.1-569 of the Code of Virginia. (Ord. of 11/9/95)

C. In addition to all other remedies provided herein or in the Code of Virginia, Title 10.1, the appropriate permit-issuing authority, the program authority, the Board, or the owner of property which has sustained damage or which is in imminent danger of being damaged, may apply to the Circuit Court in any jurisdiction wherein the land lies to enjoin a violation or a threatened violation of Sections 10.1-563, 10.1-564 or 10.1-566 of the Code of Virginia, as amended, without the necessity of showing that an adequate remedy at law does not exist; however, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing damage to his property, and (ii) neither the person who has violated the local program nor the program authority has taken corrective action within fifteen (15) days to eliminate the conditions which have caused, or create the probability of causing, damage to his property.

A. A violation of this chapter shall be deemed a Class I misdemeanor and a violation, upon conviction, shall be subject to a fine not exceeding two thousand five hundred dollars ($2,500.00) or confinement in jail for not more than twelve months, either or both. (Ord. of 11/9/95)

B. The Administrator may apply to the Circuit Court of the City of Staunton, Virginia, to enjoin a violation or a threatened violation under this chapter without the necessity of showing that an adequate remedy at law does not exist.

C. In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to the locality in a civil action for damages.

D. Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000.00 for each violation.

E. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the Virginia Soil and Water Conservation Board, or any condition of a permit or any provision of this chapter, the Virginia Soil and Water Conservation Board or plan-approving authority may provide, in an order issued by the Virginia Soil and Water Conservation Board or plan-approving authority against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (D) of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (D).

F. Upon request of the Administrator or plan-approving authority, the Commonwealth’s Attorney shall take legal action to enforce the provisions of this chapter.

G. Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion or sedimentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages.

A. General.

B. Contents.

C. Exceptions.

D. Maintenance and inspections.

E. Technical Design Criteria.

F. Water Quantity Requirements.

G. Water Quality Requirements.

H. Non-structural Measures.

(Code 1964, §9A-2, Ord. of 2/25/82; Ord. of 6/25/92)