Buena Vista, Virginia · General provision

1801.03

Extracted standards

129 individual requirements pulled out of this section’s prose, each with the sentence it came from.

Other

Administrative enforcement procedures
if the administrator or his designee determines that there is a failure to comply with the provisions of this ordinance, they may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with the city's erosion and sediment control policy which is included in the Stormwater Management Program Manual.
Agreement in lieu of stormwater management plan for single-family residences
Applicants for such projects shall execute with the city an 'Agreement in Lieu of a Stormwater Management Plan,' and shall pay the applicable fees prior to receiving a building permit.
Annual inspection and maintenance report submission
Records of inspection and maintenance by the responsible party shall be submitted to the city annually.
Appeal timeline to Circuit Court30 days
Appeals by a permittee aggrieved by any final decision of city's board of zoning appeals... shall be subject to review by the Circuit Court of the City of Buena Vista, Virginia, provided an appeal is filed within 30 days from the date of any written decision
As-built plans must show compliance
The plan and documentation must show that the installed stormwater management facility and applicable storm drainage system components conform to the requirements contained within the approved stormwater management plan.
As-built documentation must comply with manual
As-built and certification documentation shall comply with all applicable requirements in the stormwater management program manual.
As-built plans required
The permittee shall submit as-built plans, acceptable to the city, and supporting documentation, acceptable to the administrator, for any stormwater management facility and storm drainage system associated with the project after final construction is completed, prior to the city's final inspection.
City cost recovery for maintenance
In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the city reserves the authority to perform the work and to recover the costs from the landowner.
City authority to perform maintenance and recover costs
If the responsible party fails or refuses to meet the requirements of the maintenance covenant, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the landowner.
City periodic inspection of stormwater facilities
In addition to the inspections performed by the permittee or landowner, the city shall periodically inspect all stormwater management facilities.
Maximum civil penalty32,500 dollars
Any person who violates any provision of this ordinance 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
Violations subject to civil penalty
Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following: No state permit registration, No SWPPP, Incomplete SWPPP, SWPPP not available for review, No approved erosion and sediment control plan, Failure to install stormwater BMPs or erosion and sediment controls, Stormwater BMPs or erosion and sediment controls improperly installed or maintained, Operational deficiencies, Failure to conduct required inspections, Incomplete, improper, or missed inspections
Consultation on comprehensive stormwater management plan
Applicants shall communicate with the administrator prior to submitting an application for stormwater management plan to determine if a comprehensive stormwater management plan has been developed for the applicable watershed.
Comprehensive stormwater management plan contents
A comprehensive stormwater management plan, which accompanies and application, shall, at a minimum, address the following: specific stormwater management issues, technical criteria, goals and requirements of comprehensive plan, financing opportunities, maintenance, future expansion
Construction record drawing required
A construction record drawing both paper and electronic copies for permanent stormwater management facilities shall be submitted to the administrator and approved.
Dewatering discharge prohibition
Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls.
Emergency order authority
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... it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land-disturbing activities
Enforcement notice methods
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.
No exception to use BMP not on clearinghouse
nor shall the administrator approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website, or any other control measure duly approved by the state water control board.
Criteria for granting exceptions
The administrator may grant exceptions to the technical requirements of Part II B or Part II C of the regulations, provided that (i) the exception is the minimum necessary to afford relief, (ii) reasonable and appropriate conditions are imposed... (iii) granting the exception will not confer any special privileges... (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created.
No exception to VSMP authority permit requirement
Exceptions to the requirement that the land-disturbing activity obtain required VSMP authority permit shall not be given by the administrator
No exception to phosphorus reduction requirements unless offsite options unavailable
Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options otherwise permitted pursuant to 9VAC25-870-69 have been considered and found not available.
Exception request must be in writing
A request for an exception from the stormwater management program technical requirements shall be submitted in writing to the administrator for approval.
Exemption for agricultural clearing and management
Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations
Exemption for permitted surface or deep mining and oil/gas operations
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
Exemption for public emergency response
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
Exemption for state/federal reclamation programs
Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use
Exemption for routine maintenance
Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project
Exemption for discharges to sanitary or combined sewer
Discharges to a sanitary sewer or a combined sewer system
Exemption for single-family residences disturbing less than one acre1 acre
Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale
Exemption for land-disturbing activities under one acre1 acre
Land-disturbing activities that disturb less than one acre of land area are exempt unless these activities are part of a larger common plan of development or sale that is one acre or greater of disturbance
Maintenance of existing stormwater facilities
All stormwater structures and management facilities shall be properly maintained repaired, and inspected as required to meet the performance requirements as specified in the approved stormwater facility maintenance agreement, including any stormwater structure or stormwater management facility existing as of the effective date of this article.
Notice for failure to comply with plan
If the administrator 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 in accordance with Section 1801.18 of this article.
Fee in lieu of stormwater management
If a comprehensive stormwater management facility... is to be constructed downstream of the proposed development, the city has the option to require the developer to pay a fee for its share of the responsibility of the comprehensive stormwater management facility.
Permit application and plan review fee required
Permit application and plan review fee in accordance with Section 1801.22
Detailed grading plan required for lots with existing BMP
Applications for a building permit on such projects on lots that contain an established stormwater best management practice (including centralized BMPs) shall include a detailed grading plan sufficient to show continued function of such practice(s) per its (their) original design.
Grandfathering for projects with governmental bonding or public debt financing
In cases where governmental bonding or public debt financing has been issued (subsection D, 9VAC25-870-48) for a project prior to July 1, 2012, such project shall be subject to the technical requirements Part IIC of the regulations
Grandfathered projects must be completed by June 30, 2019
For land-disturbing activities grandfathered under this subsection, construction must be completed by June 30, 2019, or portions of the project not under construction shall become subject to the technical requirements of subsection (1)(a) above.
Grandfathering requires compliance verification at time of approval
Verification of such compliance must have occurred at the time of city approval of such plat or plan, and have been based upon a plat or plan that (i) identified specific stormwater practices needed to ensure compliance and (ii) included calculations confirming such practices will provide adequate pollutant removal to ensure compliance.
Grandfathering requires layout provision
provided that the administrator finds that such proffered development plan... (i) provides for a layout and (ii) the resulting land-disturbing activity will be compliant with the requirements of Part II C.
Grandfathering continues if no increase in phosphorus or runoff
In the event that the city-approved document is subsequently modified or amended in a manner such that there is no increase over the previously approved plat or plan in the amount of phosphorus leaving each point of discharge... and such that there is no increase over the previously approved plat or plan in the volume or rate of runoff, the grandfathering shall continue as before.
Grandfathering for two additional permit cycles
Land-disturbing activities that obtain an initial state permit or commence land disturbance prior to July 1, 2014 shall be conducted in accordance with Part II C technical criteria. Such projects shall remain subject to Part II C technical criteria for two additional state permit cycles.
Grandfathering applies to specific plan types
any land-disturbing activity for which a currently valid proffered or development plan, preliminary or final subdivision plat, comprehensive development plan or planned unit development plan, preliminary or final site plan or zoning with a plan of development, or any document determined by the city as being equivalent thereto, and was approved by the city prior to July 1, 2012
Grandfathering for public projects with funding obligation before July 1, 2012
Until June 30, 2019, for local, state, and federal projects for which there has been an obligation of local, state, or federal funding, in whole or in part, prior to July 1, 2012, or for which the department has approved a stormwater management plan prior to July 1, 2012, such projects shall be considered grandfathered
Grandfathering provision until June 30, 2019
until June 30, 2019, the end of the second additional state general permit cycle, any land-disturbing activity for which a currently valid proffered or development plan... was approved by the city prior to July 1, 2012... shall be considered grandfathered
Verbatim record of hearing required
A verbatim record of the proceedings of such hearings shall be taken and filed with the city council's clerk.
Hearing request timeline30 days
may request in writing a formal hearing by the city's board of zoning appeals provided a petition requesting such hearing is filed with the administrator within 30 days after notice of such action is given by the administrator.
Authority to require information from permittee
the administrator may require every VSMP authority permit applicant or permittee... 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
Injunction authority
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 Buena Vista to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.
Right of entry for inspection
The administrator or any duly authorized agent of 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 ordinance.
Right of entry for private property inspection
When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public storm drainage system, duly authorized employees, agents, or representatives of the city shall be authorized to enter such public or private property at any reasonable time for the purpose of inspection.
Inspection during construction
The administrator or any duly authorized agent of the administrator shall inspect the land-disturbing activity during construction for compliance with the approved erosion and sediment control plan, stormwater management plan, pollution prevention plan, and TMDL control measures
City inspection frequency for stormwater facilities5 years
The city will conduct post-construction inspections of stormwater management facilities at least once every five years.
Post-construction inspection frequency5 years
Post-construction inspections of stormwater management facilities required by the provisions of this ordinance shall be conducted by the administrator... and shall occur, at minimum, at least once every five years.
Inspections confirmed by visual means
The city shall perform inspections that can be confirmed by visual means only.
Maintenance agreement access provision
Provide for all necessary access to the property for purposes of maintenance and regulatory inspections
Maintenance agreement regular assessments
and for regular assessments of landowners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this ordinance.
Maintenance agreement changes require city approval
Any changes to the maintenance agreement shall be reviewed and approved by the city prior to plan approval.
Maintenance agreement consistency with operation and maintenance plan
The terms of the maintenance agreement shall incorporate and be consistent with the requirements of the operation and maintenance portion of the stormwater management plan as described in the stormwater management program manual.
Maintenance agreement enforceability
Be enforceable by all appropriate governmental parties
Maintenance agreement failure to maintain provisions
The agreement shall also include 'failure to maintain' provisions and provisions for submission of inspection and maintenance reports to the administrator.
Maintenance agreement inspection access
The maintenance agreement shall provide for access to stormwater management facilities at reasonable times for periodic inspection by the city, or its contractor or agent or other designee
Maintenance agreement inspection and report requirements
Provide for inspections and maintenance and the submission of inspection and maintenance reports to the administrator
Maintenance agreement recordation
Such requirements shall be set forth in an instrument recorded in the local land records prior to general permit termination
Maintenance agreement recordation timing
Maintenance of all stormwater management facilities shall be ensured through the maintenance agreement recorded with the city clerk of circuit court prior to final plan approval.
Long-term maintenance agreement required
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.
Maintenance agreement must identify responsible party
The agreement shall identify the responsible party for carrying out the maintenance, including the owner, governmental agency or other legally established entity to be permanently responsible for maintenance.
Maintenance agreement runs with the land
Be stated to run with the land
Maintenance agreement schedule requirement
As part of the maintenance agreement, a schedule shall be developed for the frequency of inspection and maintenance of stormwater management facilities to ensure proper function and performance.
Maintenance agreement submission timing
Be submitted to the administrator for review, approval and recordation prior to the approval of the stormwater management plan
Maintenance agreement transfers to successor in title
The operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the responsible party and shall pass to any successor in title.
Maintenance and repair documentation required
All inspection, maintenance, and repair activities shall be documented.
Maintenance notice requirements
The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed.
Maintenance notification by certified mail
In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety, public health, or the environment, the city shall notify the landowner by registered or certified mail.
Responsible party for maintenance after construction
Following the completion and acceptance of construction, a responsible party shall be designated for the maintenance and repair of stormwater management facilities.
Permittee maintenance responsibility during construction
The permittee shall be responsible for the maintenance and repair of stormwater management facilities during construction.
Stormwater management program manual updates
The city manager or designee may update or revise the stormwater management program manual from time to time, without approval by city council, provided that those updates pertain to changes in policy or standard engineering practices and do not conflict with VSMP regulations.
More stringent standards allowed
Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion.
No grading or building permit without VSMP authority permit
No grading, building or other local permit shall be issued for a property unless an approved VSMP authority permit has been issued by the administrator.
Notice of violation must include appeal right30 days
a statement that the determination of violation may be appealed by filing a written notice of appeal within 30 days of service of notice of violation.
Notice of violation must specify corrective measures and timeline
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.
Notice of violation must include penalty statement
The notice shall specify a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed
Letter of availability for off-site compliance
If an operator intends to meet the water quality and/or quantity requirements set forth in Section 1801.10 of this ordinance through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included.
Off-site nutrient reductions must be achieved before construction
Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity
On-site treatment requirement if comprehensive plan exists
If such a comprehensive stormwater management plan exists, the applicant must provide stormwater management water quality treatment on-site in accordance with the provisions of the comprehensive plan
Operations and maintenance manual required
an operations and maintenance manual in the form of a hard copy and an electronic format for the short term and long term maintenance of BMPs and stormwater detention facilities shall be submitted to the administrator and approved.
Part II B technical criteria applicability
Land-disturbing activities that obtain an initial state permit on or after July 1, 2014 shall be conducted in accordance with the Part II B technical criteria
Part II B criteria for two additional permit cycles
Land-disturbing activities conducted in accordance with Part II B technical criteria shall remain subject to Part II B technical criteria for two additional permit cycles.
Penalty per day of violation
Each day of violation of each requirement shall constitute a separate offense.
Performance bond required
Performance bonds in accordance with section 1801.23
Required items for VSMP authority permit issuance
No VSMP authority permit shall be issued by the administrator, until the following items have been submitted to and approved by the administrator: permit application, stormwater management plan, evidence of general permit coverage, SWPPP, maintenance agreements, performance bonds, fees
Maximum permit duration5 years
No land development permit or other land-disturbing activity shall be granted or extended for more than a total five consecutive years from the date of the original permit issuance without reevaluation
VSMP authority permit required for land-disturbing activity
no person may engage in any land-disturbing activity until a VSMP authority permit has been issued
Permit revocation for non-compliance
Upon failure to comply within the time specified, the permit may be revoked and the applicant shall be deemed to be in violation of this article
Permittee certification of completed project
Upon completion, the permittee is responsible for certifying that the completed project is in accordance with the approved plans and specifications and shall conduct regular inspections during construction sufficient to adequately document compliance.
Permittee inspection reports required
All permittee inspections, conducted by the permittee, shall be documented and written reports prepared
Permittee inspection documentation requirements
All permittee inspections, conducted by the permittee, shall be documented and written reports prepared that contain the following information: date and location, compliance status, variations, corrective actions, violations, name and signature of inspector
Permittee monitoring and reports required
The permittee shall provide inspection monitoring and reports to ensure compliance with the approved plan and to determine whether the measures required in the plan provide effective stormwater management.
Permittee must notify administrator before construction
The permittee must notify the administrator before the commencement of construction and before construction of critical components of a stormwater management facility.
Plan approval validity period180 days
Should a land-disturbing activity associated with an approved plan in accordance with this section not begin during the 180-day period following approval or cease for more than 180 days, the city may evaluate the existing approved stormwater management plan
Plan deemed approved if no action taken
If a plan meeting all requirements of this ordinance is submitted and no action is taken within the time provided above in subdivision (2) for review, the plan shall be deemed approved.
Plan modification review timeline60 days
The administrator shall have 60 calendar days to respond in writing either approving or disapproving such request.
Plan resubmission review timeline45 days
The administrator shall review any plan that has been previously disapproved, within 45 calendar days of the date of resubmission.
Plan completeness determination timeline15 days
The administrator shall determine the completeness of a plan in accordance with Section 1801.06 of this ordinance, and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt.
Plan review timeline60 days
The administrator shall have an additional 60 calendar days from the date of the communication of completeness to review the plan
Pollution prevention measures required
At a minimum, such measures must be designed, installed, implemented, and maintained to: minimize the discharge of pollutants from equipment and vehicle washing, minimize the exposure of building materials, minimize the discharge of pollutants from spills and leaks
Pollution prevention plan contents
The pollution prevention plan shall include all of the information required as specified in the stormwater management manual
Pollution prevention plan required
Pollution prevention plan, required by 9VAC25-870-56, shall be developed, implemented, and updated as necessary
Pollution prevention plan update requirement
The pollution prevention plan must be updated as necessary in order to minimize the discharge of pollutants.
Professional seal and signature required
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
Prohibited discharges
The pollution prevention plan shall include effective best management practices to prohibit the following discharges: wastewater from washout of concrete, wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, fuels, oils, soaps or solvents used in vehicle and equipment washing
Record retention period for stormwater facility maintenance5 years
Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all inspections, maintenance and repairs, and shall retain the records for at least five years.
Stop work order authority
Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (b) or the permit may be revoked by the administrator.
Stop work order effect
The stop work order shall be in effect until the city confirms that the land-disturbing activity is in compliance with the requirements of this Article and the violation has been satisfactorily addressed.
Stormwater management plan contents
The stormwater management plan shall include all of the information required in the final stormwater management plan checklist found in the Stormwater Management Program Manual
Stormwater management plan required
The stormwater management plan, required in Section 1801.04 of this ordinance for a land-disturbing activity, shall apply the stormwater management technical criteria
Board of zoning appeals subpoena power
The board of zoning appeals or its designated member, as the case may be, shall have power to issue subpoenas and subpoenas duces tecum
SWPPP amendment requirement
The SWPPP shall be amended by the operator whenever there is a change in design, construction, operation, or maintenance.
SWPPP minimum content requirements
Minimum content requirements of the SWPPP include: an erosion and sediment control plan approved in accordance with the City of Buena Vista's Erosion and Sediment Control Ordinance Sections 14-46 through 14-80; an approved stormwater management plan; an approved pollution prevention plan; and any additional control measures necessary to address a TMDL.
SWPPP maintenance location
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.
SWPPP public review availability
Operators shall make the SWPPP available for public review in accordance with Section II of the general permit, either electronically or in hard copy.
Stormwater Pollution Prevention Plan required
The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified by Section 9VAC25-870-54
Adopted technical criteria
the city hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part II B and Part II C of the regulations
Adopted Part II B technical criteria sections
9VAC25-870-63 [water quality design criteria requirements]; 9VAC25-870-65 [water quality compliance]; 9VAC25-870-66 [water quantity]; 9VAC25-870-69 [offsite compliance options]; 9VAC25-870-72 [design storms and hydrologic methods]; 9VAC25-870-74 [stormwater harvesting]; 9VAC25-870-76 [linear development project]; and, 9VAC25-870-85 [stormwater management impoundment structures or facilities]
Adopted Part II C technical criteria sections
9VAC25-870-93 [definitions]; 9VAC25-870-94 [applicability]; 9VAC25-870-95 [general]; 9VAC25-870-96 [water quality]; 9VAC25-870-97 [stream channel erosion]; 9VAC25-870-98 [flooding]; 9VAC25-870-99 [regional (watershed-wide) stormwater management plan]
Violation notification and corrective action
If the inspections, conducted by the city, find any violations, the permittee shall be notified in writing of the nature of the violation and the required corrective actions. No additional construction or land-disturbing activity in the area of the violation shall proceed until violations are corrected
Waiver for single-family home construction disturbing less than five acres5 acres
the requirements of (a) through (g) above shall be waived for individual lot single family home construction, within or outside of a common plan of development, disturbing less than five acres of land
Witness fees
Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions.
Written notice service method
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.

From the ordinance

Except as provided herein, no person may engage in any land-disturbing activity until a VSMP authority permit has been issued by the administrator in accordance with the provisions of this ordinance.
1801.03