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ACTIONS
Board of Supervisors Meeting of May 7, 2014
May 8, 2014
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called to order at 9:03 a.m., by
the Chair, Ms. Dittmar. All BOS members
were present. Also present were Tom Foley,
Larry Davis, Ella Jordan and Travis Morris.
Listen
4. Adoption of Final Agenda.
ADOPTED, by a vote of 6:0, the final agenda.
5. Brief Announcements by Board Members.
Liz Palmer:
Provided Board members with copy of policies
for local food systems which she received as
part of a presentation from the Department of
Urban and Environmental Planning at UVA.
Attended the first meeting of the Solid Waste
Advisory Committee and she volunteered to
serve as the Board liaison, and asked that the
Board make that appointment at some time.
Ann Mallek:
Provided a copy of the recent Buy Fresh Buy
Local brochure.
Provided a copy of materials she received at a
conservation meeting on how to fund
improvements on agricultural land for
conservation.
Provided a copy of the interim report of the
Local Alliance Program.
Provided information on Dominion’s Smart
Meter Program.
Listen
6. Recognitions:
a. Blake Abplanalp for County Coat Drive.
Mr. Sheffield read recognition.
b. Colonel Martin Kumer, Superintendent,
Charlottesville-Albemarle Regional Jail.
Mr. Boyd introduced Mr. Kumer.
c. Cal Morris – Meritorious Service Award.
Mr. Boyd read recognition.
d. Albemarle County Service Authority 50th
Anniversary.
Ms. Palmer read recognition.
e. Municipal Clerks Week – May 4-10, 2014.
Ms. Mallek presented proclamation to Ella
Jordan and Travis Morris.
f. Public Service Recognition Week – May 4-10,
2014.
Ms. Dittmar read proclamation.
ADOPTED, by a vote of 6:0, the recognitions.
Attachment 1
Attachment 2
Listen
7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Chris Barr, a resident of Route 747, Preddy
Creek Road, expressed concerns about
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safety, accessible and dust of the road.
Paul Grady, a resident of Crozet, spoke about
storm water and the Lickinghole Creek
Sedimentation Basin.
Peg Lascano, a resident of Route 747, Preddy
Creek Road, expressed concerns about the
condition of the road.
8.2 FY 2014 Budget Amendment and Appropriations.
APPROVED appropriations #2014089,
#2014094, #2014095, #2014096, #2014097,
#201498, and #201499 for general government
programs.
Clerk: Notify OMB, Finance
and appropriate individuals.
8.3 MicroAire Surgical Instrument LLC Performance
Date Extension.
APPROVED MicroAire’s requested extension
of the Performance Dates to August 1, 2015;
and AUTHORIZED the County Executive to
sign a letter to MicroAire, the EDA and the
VEDP notifying them that the Performance
Dates in the GOF Performance Agreement and
the EOF Performance Agreement have been
extended to August 1, 2014.
Susan Stimart: Proceed as
approved. Provide Clerk with
copy of signed letter
8.4 Zoning Text Amendment – Personal Wireless
Service Facilities.
Action taken under Item 22a.
8.5 Road Improvement Priorities for Virginia’s Working
Draft Fiscal Year 2015-2020 Six-Year
Improvements Program. (SYIP).
ADOPTED the County’s FY 2015-2020 SYIP
Priority List.
David Benish: Proceed as
approved. (Attachment 3)
8.6 New Positions for Virginia Stormwater
Management Program .
AUTHORIZED Community Development to fill
the 3.5 FTE positions proposed for the VSMP
in June 2014 with the understanding that the
FY14 costs will be covered by existing funding
the department’s budget.
Mark Graham: Proceed as
approved.
9. Pb. Hrg: Housing Choice Voucher Program 5-
Year and Annual Plan.
APPROVED, by a vote of 6:0, the PHA 5-Year
and Annual Plan; and AUTHORIZED the
County Executive to execute the required PHA
Certifications of Compliance, Civil Rights
Certification, and Violence Against Women Act
Certification.
Ron White: Proceed as
approved.
Listen
10. Pb. Hrg: Scottsville Community Center Lease.
ADOPTED, by a vote of 6:0, Resolution
authorizing the County Executive to sign the
proposed Lease Agreement and any
necessary related documents on behalf of the
County.
Clerk: Forward copy of signed
resolution to Parks and
Recreation, and County
Attorney. (Attachment 4)
County Attorney: Provide Clerk
with copy of fully executed
agreement.
Listen
11. Pb. Hrg: SP-2013-000021. Rolkin Road Shops
(Sign #112&113).
APPROVED, by a vote of 6:0, SP-2013-
000021 subject to one condition.
Clerk: Set out condition of
approval. (Attachment 5)
Listen
12. Pb. Hrg: SP-2013-00022. Verizon Wireless Clerk: Set out condition of
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"Hydraulic Road" (Comcast Property) Tier III
Personal Wireless Service Facility. (Sign # 116).
APPROVED, by a vote of 6:0, modifications
from Section 5.1.40(c)(3)(i) for the size and
total number of arrays as recommended by
staff.
APPROVED, by a vote of 6:0, SP-2013-00022
subject to one condition.
approval. (Attachment 5)
Listen
13. Pb. Hrg: WPTA-2014-00001. Water Protection
Ordinance.
ADOPTED, by a vote of 6:0,WPTA-2014-
00001, with an effective date of July 1, 2014.
Clerk: Forward copy of signed
ordinance to Community
Development and County
Attorney. (Attachment 6)
Listen
Recess. The Board recessed at 11:15 a.m. and
reconvened at 11:28 a.m.
14. ZTA-2012-00010. Off-site Signs (deferred from
April 2, 2014).
DEFERRED, by a vote of 4:2 (Boyd/Sheffield),
ZTA-2012-00010 to June 4, 2014, to allow staff
to address concerns raised by Board.
Clerk: Schedule on agenda.
Listen
15. Review of County’s Priority List of Secondary Road
Improvements and the VDOT Secondary Six-Year
Plan.
Due to time constraints, this item was
rescheduled for the afternoon of May 4, 2014.
Clerk: Schedule on the May 14,
2014 agenda.
16. Closed Meeting.
At 12:30 p.m., the Board went into Closed
Meeting pursuant to Section 2.2-3711(A) of the
Code of Virginia under subsection (1) to
consider appointments to boards, committees,
and commissions in which there are pending
vacancies or requests for reappointments;
under subsection (7) to consult with and be
briefed by legal counsel and staff regarding
specific legal matters requiring legal advice
relating to:
1. The negotiation of an agreement for further
implementing a cooperative cost recovery
program for emergency service transports;
2. The negotiation of easements on the
County Office Building property;
3. The negotiation of a regional public safety
agreement.
4. A notice of an investigation received by the
County; and
5. Eminent domain funds received by the
County;
under subsection (7) to consult with and be
briefed by legal counsel and staff regarding
probable litigation concerning three retired
employees’ compensation claims because a
public discussion would adversely affect the
litigating posture of the County; and under
subsection (7) to consult with and be briefed by
legal counsel and staff regarding probable
litigation concerning a personnel matter
because a public discussion would adversely
affect the litigating posture of the County.
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17. Certified Closed Meeting.
At 2:24 p.m., the Board reconvened into open
meeting and certified the closed meeting.
18. Boards and Commissions: Appointments.
APPOINTED Ms. Judy Savage as the Rio
District representative to the Equalization
Board with said term to expire December 31,
2014.
Clerk: Prepare appointment/
reappointment letters, update
Boards and Commissions book,
webpage, and notify appropriate
persons.
NonAgenda. Resolution No Reconsideration of
Claims Denied on June 2, 2010.
By a vote of 6:0, ADOPTED resolution.
Attachment 7
19. Quarterly CAT Presentation.
RECEIVED.
Listen
20. 2040 Long Range Transportation Plan.
RECEIVED.
Listen
21. Update on FY 15 Budget Status.
By a voice call straw vote of 5:1 (Boyd), motion
to provide a 1% salary increase for all
employees effective July 1, 2014 and maintain
commonality with the Schools PASSED.
By a voice call straw vote of 6:0, motion to
support the Bright Stars Program and family
support workers with $289,000 for the
upcoming fiscal year and future deliberations
and decision about ongoing funding of the
program PASSED.
By a voice call straw vote of 4:2
(Boyd/Sheffield), motion to fund the request of
the Crozet Library in the amount of $32,414 to
provide an increase in operating hours
PASSED.
By a vote of 5:1 (Boyd), ADOPTED budget
resolution based on staff’s recommendations
and changes made by the Board.
Clerk: Forward copy of adopted
resolution to OMB, Finance and
County Attorney. (Attachment 8)
Listen
22. Work Session: CPA-2013-01. Comprehensive Plan
Update/Amendment, to begin with public
comments and possible Board direction.
Held.
(Attachment 9)
Listen
22a. Consent agenda item #8.4, Zoning Text
Amendment – Personal Wireless Service Facilities.
By a vote of 6:0, ADOPTED resolution of intent
and DIRECTED staff to proceed with work on
the zoning text amendment.
Clerk: Forward copy of signed
resolution to Community
Development and County
Attorney. (Attachment 10)
Listen
23. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Jane Dittmar:
Announced that she had a brief conversation
with Mayor Huja, who asked if Supervisors
were interested in discussing parking for the
courts.
Suggested that since the Board would be
looking at governance and the County’s
relationship with public partners, in addition to
the RWSA and RSWA the CACVB should be
added to the list as well.
Announced that the TJPDC has hired Chip
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Boyle as itsr new Executive Director and he
has asked that at the next Mayors and Chairs
meeting each locality give ideas of studies or
reviews that they would like made about the
interest in certain regional cooperative
initiatives.
Thanked Supervisor Boyd for forwarding a
letter from Tom Frederick about urgency on the
County’s interim for solid waste, and reiterated
to Board members that she does not want to
get too close to a deadline where they are
making decisions that aren’t thoughtful.
Announced that the last Route 29 Advisory
Panel meeting would be held on May 8, 2014
at 1:00 p.m., and gave a brief outline on how
the recommended design would go forward to
the CTB for a vote.
Announced that the Charlottesville Chamber of
Commerce hosted a meeting on May 6, 2014,
in which VDOT Culpeper District Administrator,
John Lynch spoke to bring facts to bare on
some of the Route 29 alternatives particularly
the intersection treatments. She also said that
County Executive, Tom Foley spoke reassuring
business owners that the County cares about
its businesses and what kinds of creative
things the County is willing to do to assist
businesses in the event of any construction
disruption.
Announced that the CTB has new members
and there will be a reception for them on the
evening of May 13, 2014, and Supervisors
have been invited as the locality in which the
meeting will be held.
24. From the County Executive: Report on Matters
Not Listed on the Agenda.
Tom Foley:
Highlighted and discussed the monthly County
Executive’s report.
Encouraged Board members to contact him
with any feedback or if they have questions on
any items in the report.
Mentioned the need for a closed meeting
regarding personnel and performance review
at the beginning of the meeting on May 14,
2014, starting at 3:00 p.m.
Announced that the new Executive Director of
TJPDC, Chip Boyle will be introduced on May
14, 2014.
Announced that an email was sent out with the
times and locations of the Pancake Breakfast,
honoring employees for Public Service
Recognition Week.
25. Adjourn to May 14, 2014, 1:00 p.m., Auditorium.
The meeting was adjourned at 7:04 p.m.
ewj/tom
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Attachment 1 – Proclamation recognizing Municipal Clerks Week – May 4-10, 2014
Attachment 2 – Proclamation recognizing Public Service Recognition Week – May 4-10, 2014
Attachment 3 – County’s FY 2015-2020 SYIP Priority List
Attachment 4 – Resolution – Scottsville Community Center Lease
Attachment 5 – Planning Items – Conditions of Approval
Attachment 6 – Ordinance - WPTA-2014-00001. Water Protection Ordinance
Attachment 7 – Resolution – No Reconsideration of Claims Denied on June 2, 2010
Attachment 8 – Budget Resolution
Attachment 9 – Comprehensive Plan Update Discussion
Attachment 10 - Resolution of Intent - Zoning Text Amendment – Personal Wireless Service Facilities
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ATTACHMENT 1
Municipal Clerks Week
May 4-10, 2014
Whereas, the Municipal Clerk is a time honored and vital part of local government that exists
throughout the world and serves as an information center on functions of local
government and community; and
Whereas, the Municipal Clerk is the oldest among public servants; and
Whereas, the Municipal Clerk provides a professional link between the citizens and local governing
bodies and agencies of government at all levels; and
Whereas, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality,
rendering equal service to all; and
Whereas, Municipal Clerks continually strive to improve the administration of the affairs of the Office
of Municipal Clerk through participation in education programs, seminars, workshops and
the annual meeting of their state, province, county and international professional
organizations; and
Whereas, it is most appropriate that we recognize the accomplishments of the Municipal Cler k;
Now, Therefore, Be It Resolved that, we, the Albemarle County Board of Supervisors, do recognize
May 4 – 10, 2014 as Municipal Clerks Week
and further extend appreciation to Ella W. Jordan, CMC (Certified Municipal Clerk) Clerk,
and Travis O. Morris, Senior Deputy Clerk, and to all Municipal Clerks for the vital
services they perform and their exemplary dedication to the communities they represent.
Signed and sealed this 7th day of May, 2014.
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ATTACHMENT 2
Public Service Recognition Week 2014
WHEREAS, Americans are served daily by public servants at the federal, state, county, and city
levels. These unsung heroes do the work that keeps our nation working; and
WHEREAS, public service is among the most demanding and noble of professions; and
WHEREAS, Public Service Recognition Week is observed annually to celebrate and recognize the
valuable service that public servants provide to the nation; and
WHEREAS, over 3,000 Albemarle County Local Government and Schools employees work tireless ly
to serve our residents, businesses, and visitors, providing them with outstanding
customer service while maintaining careful stewardship of the resources with which they
have been entrusted; and
WHEREAS, without these public servants at every level, continuity would be impossible in a
democracy that regularly changes its leaders and elected officials; and
WHEREAS, we appreciate the many accomplishments and contributions made daily by these public
servants;
NOW, THEREFORE, BE IT RESOLVED that we, the Albemarle County Board of Supervisors, do hereby
recognize
May 4-10, 2014
as
Public Service Recognition Week
and call upon the citizens of Albemarle County to join their fellow citizens across the
County to recognize the significant and important contribution that public employees
make to our community .
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ATTACHMENT 3
ALBEMARLE COUNTY RECOMMENDED PRIORITIES FOR FY 2015-2020 SYIP
ADOPTED MAY 7, 2014
I. MAJOR IMPROVEMENTS
1. Improvements to Route 29 North Corridor:
a. Funding of 29H250 Phase II Study, Option B design recommendations, most
particularly additional north and southbound lanes on Route 29 from the Hydraulic
Road intersection to the Route 250 Bypass and an additional ramp lane from Route
29 southbound onto the Route 250 Bypass West ; Places 29 Priority project;
Primary/Urban funds – funded; in design.
b. Construct a third travel lane on the northbound and southbound lanes of Route 29
North from the South Fork Rivanna River to the Hollymead Town Center. Design of
these improvements should be consistent with the recommended cross-section for
Route 29 found in the Places29 Master Plan, including the installation of a multi-use
path. Places 29 Priority project; Section from Ashwood Blvd. to Hollymead
Town Center funded for design and construction. Portion from River to
Ashwood Blvd. will need additional funding to incorporate any changes that
would result from the elimination of the Western Bypass interchange.
c. Construct Hillsdale Drive extension from Hydraulic Road to Greenbrier Drive; Places
29 Priority project; Urban funds/Private right of way donations – Designed and
funded to construct assuming land owner/developer contribution of portions of
needed right-of-way.
d. Construct Berkmar Drive extension. Places 29 Priority project; Portion being
constructed as part of private development in Hollymead Town Center; CIP
funding – available for design only.
e. Intersection improvements at the Route 29-Polo Grounds Road (east)/Rio Mills Road
(west) intersection to address traffic back -ups on Polo grounds Road. Consider
signalization improvements and/or construction of turn lanes on Polo Grounds Road;
Board request—not funded.
f. Deployment of an adaptive traffic control system or other equivalent signal
synchronization enhancements to Route 29, from Charlottesville city limits to
Hollymead, Board request—Revenue Sharing Program funds awarded and
project is under design. Additional funds needed to complete project.
2. Improve Route 250 East corridor as recommended in the Pantops and Village of Rivanna
Master Plans (improvements to I-64 interchange, pedestrian crossings in Pantops,
parallel roads, new bridge/crossing at Rivanna River and widening of Route 250 east
from the I-64 interchange to Village of Rivanna). [note: I-64 exit ramp improvements
completed] Portions of parallel roads constructed in private projects; no additional
funding to design or construct.
3. Improvements in accord with the recommendations of the Crozet Master Plan:
a. Implement sidewalk plan (per Downtown Sidewalk and Parking Study and Crozet
Master Plan); CIP/Enhancement/Revenue Sharing funds - Crozet Ave.
Streetscape project under construction.
b. Create bike lanes to and in downtown; CIP/Secondary/Revenue Sharing funds
– Crozet Streetscape project and Library Ave. (portion built).
c. Construct Eastern Avenue, to include the Lickinghole Bridge and a railroad
crossing; Portion constructed in private project; Location plan complete. No
funding to design or construct.
d. Construct un-built sections of Library Ave. east from Crozet Avenue to Hill Top
St. CIP funds - Portion constructed; No additional funding to design or
construct.
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4. Widen Route 20 North from Route 250 to Elks Drive/Fontaine Drive intersection,
including bike lanes and sidewalks. No funding. Portions to be constructed with
future development.
5. Undertake improvements recommended in the Southern Urban Area B Study, including
improvements to Fontaine Avenue and construction of Fontaine Avenue to Sunset
Avenue connector road. Proffer for a portion of Fontaine Ave. to Sunset Ave.
Connector; No additional funding to design or construct.
6. Widen Route 20 South from I-64 to Mill Creek Drive, including bike lanes and sidewalks.
No funding.
7. Improve two intersections on Route 20 (Valley Street) in Scottsville: the Warren Street
intersection and the Hardware Street intersection. No funding.
8. Construct Northtown Trail bike and pedestrian trail system from downtown Charlottesville
to Hollymead to provide an alternative transportation/commuter option in the Route 29
north corridor. MPO adopted study; Places29 Master Plan recommendation. Limited
CIP funding available.
II. TRANSIT IMPROVEMENTS
1. Regional Transit Authority - Funding to establish a regional transit authority to provide
expanded transit service to Albemarle County and Charlottesville. MPO Long Range
Transportation Plan (LRPT) and studies; No funding.
2. Expand Existing Service - Funding to expand existing transit service capacity for CAT,
JAUNT and RideShare, including capital projects to enhance capital operations (such as bus
pull-outs, shelters, etc.). MPO LRTP, Comprehensive Plan; Limited funding in CIP for 2-4
bus stops/shelters. New Route 11 began service in FY14 from City to Fashion Square
Mall along Rio Road east.
3. Funding for Transit Operational Costs - Fully fund the State’s existing formula share of transit
operating costs or provide fuel subsidies in the face of rapidly escalating fuel costs. Services
provided in County by Charlottesville Area Transit (CAT) are County funded.
4. Inter-City Rail – Maintain increased inter-city rail service initiated to Charlottesville/Albemarle
County in 2009. State funded through 2014.
5. Provide new service to Avon Street/Urban Neighborhood 4 area. Comprehensive Plan; No
funding.
6. Provide new service in the US 29 North corridor/Hollymead/Airport. MPO LRTP, Places29;
No funding.
III. SAFETY IMPROVEMENTS
1. Construction of pedestrian walkways and/or bikeways along primary roads in the Count y’s
Urban Neighborhoods and Development Areas as part of road widening/improvement
projects. Absent major road improvements, the following are prioritized for pedestrian and/or
bikeway improvement:
a. Route 240 in downtown Crozet; Enhancement/Revenue Sharing funds – Crozet Ave.
streetscape project designed and funded to construct.
b. Pedestrian crossings at strategic locations on Rt 29 North; No funding.
c. Route 250 East in Pantops - complete existing sidewalk system through extension and
connections; provide pedestrian crossings at strategic locations; CIP funding – under
construction.
d. Route 250 West from the City limits to the 250 Bypass area; No funding.
e. Route 20 South from City limits to Mill Creek Drive extended. No funding.
f. Route 250 West in Crozet (Cloverlawn/Blue Ridge Shopping Center/Cory Farms
subdivision area). Crozet Master Plan, Board request; Revenue Sharing Program
funds awarded
2. Intersection improvements on Route 250 West at: 1) Tilman Road; 2) Owensville Road; 3)
Route 240 (at Mechums River Bridge). Improvements to address traffic control, such as traffic
light, round-about, or other such improvements. No funding.
3. Full lane widths, paved shoulders and spot improvements on Route 22 and Route 231. No
funding.
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4. Traffic control improvements at the intersection of Route 250 West and Route 151 (traffic
light, round-about, or other such improvements). No funding.
OTHER APPROVED PROJECTS FULLY FUNDED IN THE STATE SIX YEAR IMPROVEMENT PLAN
Rt. 250 Bypass, Construct Interchange with McIntire Road (Charlottesville) (under
construction)
McIntire Road Extended, Construct 2 Lanes (Charlottesville) (under construction)
Route 29 Western Bypass, New Construction (Route 29 Solutions Advisory Panel will
recommend alternative projects to CTB to improve mobility on R oute 29 through
the Charlottesville area utilizing Bypass funding.)
Bridge Replacement, Route 250 over Little Ivy Creek
Various spot and safety improvements--5 projects on Rt. 29, Rt. 53, Rt. 20, Rt. 250
(flashing lights, shoulder widening, signage and guardrail, turn lane improvements)
(under construction)
Rt. 250 east, construct right turn bay at Rt. 729, Milton Road
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ATTACHMENT 4
RESOLUTION TO APPROVE A LEASE AGREEMENT BETWEEN
ALBEMARLE COUNTYAND THE BOYS & GIRLS CLUBS OF CENTRAL VIRGINIA
WHEREAS, the Board finds it is in the best interest of the County to lease a portion of the space
at the Scottsville Community Center, located at 250 Page Street, Scottsville, VA 24590 (TMP 130A2 -00-
00-07600), to the Boys & Girls Clubs of Central Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
authorizes the County Executive to execute a Lease Agreement and any necessary related documents
between the County of Albemarle and the Boys & Girls Clubs of Central Virgini a, in a form approved by
the County Attorney.
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ATTACHMENT 5
CONDITIONS OF APPROVAL
SP-2013-000021. Rolkin Road Shops (Sign #112&113).
1. Development and use shall be in general accord with the following plans prepared by Bohler
Engineering, “Pantops Retail Building Special Use Permit Exhibit” dated 1/20/14 as determined
by the Director of Planning and the Zoning Administrator. To be in general accord with the
specified plans, development and use shall reflect the following major elements as shown on the
plans:
Building location, orientation and mass
Relationship of drive-thru lanes to the building and the parking lot
Minor modifications to the plan may be made to ensure compliance with the Zoning Ordinance.
The use shall commence on or before [date two years from Board approval] or the permit shall
expire and be of no effect.
SP-2013-00022. Verizon Wireless "Hydraulic Road" (Comcast Property) Tier III Personal Wireless
Service Facility. (Sign # 116).
Modifications conditions:
- total number of arrays shall not exceed 3 (applicant proposes 5 arrays), and
- size shall not exceed the sizes stated by the applicant (applicant states the sizes will be 1176,
1194 and 1237 square inches).
Approval condition:
1. Development and use shall be in general accord with what is described in the applicant's request
and site plans, entitled “Hydraulic Road”, with a final zoning drawing submittal date of 11/3/13
(hereafter “Conceptual Plan”), as determined by the Director of Planning and Zoning
Administrator. To be in accord with the Conceptual Plan, development and use shall reflect the
design of the development as shown on the Conceptual Plan.
Minor modifications to the plan which do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
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ATTACHMENT 6
ORDINANCE NO. 14-17(1)
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY
OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17,
Water Protection, is hereby amended and reordained as follows:
By Amending:
Sec. 17-101 Authority
Sec. 17-102 Purposes
By Amending and Renumbering:
Old New
Sec. 17-103 Sec. 17-204 Rules of construction
Sec. 17-104 Sec. 17-205 Definitions
Sec. 17-106 Sec. 17-108 Saving provision
Sec. 17-318 Sec. 17-601 Management of stream buffer
Sec. 17-400 Sec. 17-1000 Applicability
Sec. 17-401 Sec. 17-1001 Tier 1 assessments
Sec. 17-402 Sec. 17-1002 Tier 2 assessments
Sec. 17-403 Sec. 17-1003 Tier 3 assessments
Sec. 17-404 Sec. 17-1004 Tier 4 assessments
Sec. 17-405 Sec. 17-1005 Fees
Sec. 17-500 Sec. 17-700 Applicability
Sec. 17-501 Sec. 17-701 Illicit discharges prohibited; exempt and authorized discharges
Sec. 17-502 Sec. 17-702 Illicit connections prohibited
Sec. 17-503 Sec. 17-703 Dumping prohibited
By Amending, Renumbering and Renaming:
Old New
Sec. 17-107 Sec. 17-106 Relation of chapter to other laws Integration with other programs
Sec. 17-205 Sec. 17-402 Erosion and sediment control plans, and agreements in lieu of a
plan; form and content
Sec. 17-208 Sec. 17-418 Amendment of Modifications and variances to approved erosion
and sediment control plans
Sec. 17-209 Sec. 17-207 Fees for land disturbing activity subject solely to the VESCP
Sec. 17-212 Sec. 17-810 Inspections by the administrator under the VESCP
Sec. 17-214 Sec. 17-902 Cessation of land disturbing activity Stop work orders; procedure
Sec. 17-215 Sec. 17-903 Penalties and rRemedies under the VESCP
Sec. 17-301 Sec. 17-600 Designation of water resources areas Extent of stream buffers;
retention and establishment
Sec. 17-307 Sec. 17-419 Amendments and modification to approved of stormwater
management/BMP plans
Sec. 17-308 Sec. 17-408 Exceptions from the requirements of the VSMP
Sec. 17-310 Sec. 17-208 Fees for land disturbing activity under VSMP
Sec. 17-317 Sec. 17-600 Duty to retain or establish stream buffer Extent of stream buffers;
retention and establishment
Sec. 17-319 Sec. 17-602 Types of development improvements and activities exempt from
duties to retain, establish, or manage a stream buffer
Sec. 17-320 Sec. 17-603 Types of development structures; improvements and activities
authorized in a stream buffer
Sec. 17-321 Sec. 17-604 Types of development structures, improvements and activities
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which may be allowed in a stream buffer by program authority
Sec. 17-322 Sec. 17-406 Mitigation plan if development allowed in a stream buffer; form
and content
Sec. 17-324 Sec. 17-811 Inspections by the administrator under the VSMP
Sec. 17-326 Sec. 17-904 Penalties and rRemedies under the VSMP
Sec. 17-504 Sec. 17-802 Maintaining the functional performance of streams Duty to
maintain the functional performance of storm drainage systems
and streams
Sec. 17-506 Sec. 17-806 Discovery, containment, cleanup and notification of discharge
Duty to report discharges or noncompliance
Sec. 17-507 Sec. 17-904 Penalties and rRemedies under the VSMP
By Amending, Renaming and Reorganizing:
Old New
Sec. 17-105 Designation of Sec. 17-200 Designation of program authority
program authority; Sec. 17-202 Administrator, plan reviewers and
powers and duties inspectors; certificates of competence
***
Sec. 17-200 Applicability Sec. 17-300 Land disturbing activities and site
conditions subject to the VESCP
Sec. 17-301 Land disturbing activities exempt
from the VESCP
Sec. 17-304 Determining the status of a land disturbing
activity or site condition
***
Sec. 17-201 Determination of Sec. 17-304 Determining the status of a land disturbing
land disturbing activity or site condition
activity Sec. 17-305 Notice of determination regarding status of land
disturbing activity or site condition
Sec. 17-306 Owner’s obligation upon receipt of notice of
determination
***
Sec. 17-202 Determination of Sec. 17-304 Determining the status of a land disturbing
erosion impact area activity or site condition
Sec. 17-305 Notice of determination regarding status of land
disturbing activity or site condition
***
Sec. 17-203 Erosion and sediment Sec. 17-400 Responsibility to prepare, submit and obtain
control plan approval of application; multi-jurisdictional
developments
Sec. 17-402 Erosion and sediment control plans, and
agreements in lieu of a plan; form and content
Sec. 17-500 Erosion and sediment control plans; applicable
technical criteria
***
Sec. 17-204 Review and approval Sec. 17-410 Review and action on application
of erosion and Sec. 17-424 Effect of failure to obtain grading, building or
sediment control plan other permit; void for inactivity
***
Sec. 17-206 Monitoring and Sec. 17-804 Duty to inspect and take corrective action
reporting Sec. 17-805 Duty to provide information pertaining to
discharges and compliance
16
***
Sec. 17-207 Issuance of permit; Sec. 17-414 Agreement with surety
surety Sec. 17-416 Effect of approvals
Sec. 17-417 Prerequisites to land disturbing activity
***
Sec. 17-210 Review of certain Sec. 17-211 Review of administrator’s action by the board of
program authority supervisors; judicial review
actions Sec. 17-413 Appeal of decision of the administrator
***
Sec. 17-211 Duty to comply, Sec. 17-800 Duty to comply
maintain and repair Sec. 17-801 Duty to maintain structures, systems, facilities
and techniques
***
Sec. 17-213 Determination of Sec. 17-900 Notice to comply
noncompliance with Sec. 17-901 Failure to comply with notice; revocation, order
plan; procedure to stop work, eforcement
***
Sec. 17-300 Applicability Sec. 17-302 Land disturbing activities subject to the VSMP
Sec. 17-303 Land disturbing activities exempt from the VSMP
***
Sec. 17-303 Stormwater Sec. 17-400 Responsibility to prepare, submit and obtain
management/BMP approval of applications; multi-jurisdictional
plan; requirements developments
Sec. 17-403 Stormwater management plans; form and
content
Sec. 17-501 VSMP permit application; applicable technical
criteria
***
Sec. 17-304 Review and approval Sec. 17-410 Review and action on application
of stormwater Sec. 17-415 Stormwater management maintenance
management/BMP agreement
plan Sec. 17-424 Effect of failure to obtain grading, building or
other permit; void for inactivity
***
Sec. 17-305 Monitoring and Sec. 17-804 Duty to inspect and take corrective action
reporting Sec. 17-805 Duty to provide information pertaining to
discharges and compliance
***
Sec. 17-306 Issuance of permit; Sec. 17-414 Agreement with surety
surety Sec. 17-416 Effect of approvals
Sec. 17-417 Prerequisites to land disturbing activity
Sec. 17-423 Release of surety
***
Sec 17-311 Review of certain Sec. 17-211 Review of administrator’s action by the board of
program authority supervisors; judicial review
actions Sec. 17-413 Appeal of decision of the administrator
***
17
Sec. 17-323 Duty to comply, Sec. 17-800 Duty to comply
maintain and repair; Sec. 17-801 Duty to maintain structures, systems, facilities,
maintenance agreement and techniques
***
Sec. 17-325 Determination of Sec. 17-900 Notice to comply
noncompliance with Sec. 17-901 Failure to comply with notice; revocation, order
plan; procedure to stop work; enforcement
Sec. 17-902 Stop work orders; procedure
By Adding:
Sec. 17-103 Applicability
Sec. 17-104 Land disturbing activity prohibited without approved plans; responsibility
Sec. 17-105 Assumptions
Sec. 17-107 Obligation to comply with all State laws
Sec. 17-201 Designation of program administrator; powers and duties; express designations
Sec. 17-203 Administrator; reporting and recordkeeping.
Sec. 17-206 Records; disclosure and exemptions
Sec. 17-209 Fees; payment
Sec. 17-210 Fees; incomplete and late payments
Sec. 17-401 VSMP permit application; form and content
Sec. 17-404 Pollution prevention plans; form and content
Sec. 17-405 Stormwater pollution prevention plan; form and content
Sec. 17-407 Variances from requirements of the VESCP
Sec. 17-409 Submittal of application; determination of completeness
Sec. 17-411 Deferral of review of application; when application deemed withdrawn
Sec. 17-412 Coordination of review of erosion and sediment control plans with the review of
subdivision plats and site plans
Sec. 17-420 Amendments to pollution prevention plans
Sec. 17-421 Amendments to stormwater pollution prevention plans
Sec. 17-422 Construction record drawing; submittal
Sec. 17-502 VSMP permit application; offsite nutrient credits
Sec. 17-803 Duty to maintain general permit, stormwater pollution prevention plan, and other
documents onsite
Sec. 17-807 Duty to provide records and notice pertaining to general permit
Sec. 17-809 Right of administrator to enter to obtain information, conduct surveys, or in accordance
with a performance bond
Sec. 17-814 Third party complaints regarding impacts from land disturbing activities
Sec. 17-905 Enforcement of general permits and other State permits
By Repealing:
Sec. 17-302 Overlapping water resources areas
Sec. 17-309 Dedication of stormwater management facilities
Sec. 17-312 Stormwater management facilities and channels.
Sec. 17-313 Non-structural measures.
Sec. 17-314 Control of peak rate and velocity of runoff.
Sec. 17-315 Best management practices.
Sec. 17-316 Contribution to regional stormwater management program
18
Chapter 17
Water Protection
Article I. General
Sec. 17-100 Short title.
This chapter shall be known and may be cited as the “Water Protection Ordinance.”
(2-11-98; Code 1988, § 19.3-1; § 17-100, Ord. 98-A(1), 8-5-98)
Sec. 17-101 Authority.
Articles I through IX of this chapter are adopted pursuant to the authority conferred by the Virginia Stormwater
Management Act (Virginia Code § 62.1-44.15:24 et seq.), as authorized by Virginia Code § 62.1-44.15:27, the
Erosion and Sediment Control Law (Virginia Code § 62.1-44.15:51 et seq.), as authorized by Virginia Code §
62.1-44.15:54, the regulations implementing the Virginia Stormwater Management Act and the Erosion and
Sediment Control Law in 9VAC25-830 through 9VAC25-890, as applicable, including the general Virginia
Pollutant Discharge Elimination System permit for discharges from the County’s small municipal separate storm
sewer system, and Virginia Code § 62.1-44.15:73, which is a part of the Chesapeake Bay Preservation Act
(Virginia Code § 62.1-44.15:67 et seq.).
(§ 7-1, 6-18-75, § 2, 2-11-87, 3-18-92; § 19.2-3, 6-19-91, § 3; § 19.3-2, 2-11-98; Code 1988, §§ 7-1, 19.2-3, 19.3-
2; § 17-101, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:54, 62.1-44.15:73; 9VAC25-830 through 9VAC25-890.
Sec. 17-102 Purposes.
The purposes of this chapter are to:
A. Protect public health, safety and welfare. Protect the health, safety and general welfare of the citizens of
the County and the Commonwealth of Virginia.
B. Protect quality and quantity of State waters from unmanaged stormwater. Protect the quality and quantity
of State waters from the potential harm of unmanaged stormwater and to effectively control soil erosion,
sediment deposition and nonagricultural runoff by requiring control measures that will maintain, protect
and improve the water quality and quantity of receiving State waters.
C. Protect property and natural resources. Prevent the unreasonable degradation of properties, stream
channels, waters, and other natural resources.
D. Reduce pollution and illicit discharges to protect water quality. Establish a comprehensive program to
manage sources of stormwater. Runoff from lands modified by human activities can harm surface water
resources by, among other things, changing natural hydrologic patterns, increasing runoff velocity, and by
elevating pollutant concentrations and loadings. Runoff may contain or mobilize high levels of
contaminants, such as sediment, suspended solids, nutrients, heavy metals, pathogens, toxins, oxygen -
demanding substances, and floatables.
E. Sustainability of groundwater resources. Promote the long-term sustainability of groundwater resources.
F. Implement State laws. Implement the applicable parts of the State Water Control Law (Virginia Code §
62.1-44.3 et seq.), including the Virginia Stormwater Management Act (Virginia Code § 62.1-44.15:24 et
seq.), as required by Virginia Code § 62.1-44.15:27, and the Erosion and Sediment Control Law (Virginia
Code § 62.1-44.15:51 et seq.), as required by Virginia Code § 62.1-44.15:54, and the regulations
implementing the Virginia Stormwater Management Act and the Erosion and Sediment Control Law in
9VAC25-830 through 9VAC25-890, as applicable, and as required thereby, including the general Virginia
Pollutant Discharge Elimination System permit for discharges from the County’s small municipal separate
storm sewer system, and to provide for the proper administration and enforcement of this chapter.
19
(§ 7-1, 6-18-75, § 2, 2-11-87, 3-18-92; § 19.1-4, 9-29-77, art. I, § 1, 7-11-90; § 19.2-2, 6-19-91, § 2; § 19.3-3, 2-
11-98; Code 1988, §§ 7-1, 19.1-4, 19.2-2, 19.3-3; § 17-102, Ord. 98-A(1), 8-5-98; Ord. 04-17(1), adopted 12-8-04,
effective 2-8-05; Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:25, 62.1-44.15:52; 9VAC 25-870-40, 9VAC 25-870-46, 9VAC 25-870-400.
Sec. 17-103 Applicability.
This chapter, or the applicable parts thereof, shall apply to:
A. Land disturbing activity within the County and the Town of Scottsville. Any land disturbing activity within
the County and within the Town of Scottsville, including that portion of the Town of Scottsville located
within the County of Fluvanna, to which the VESCP, the VSMP, or both, apply under this chapter and
under State and Federal law.
B. Erosion impact areas. Any land identified by the administrator as an erosion impact area within the
County and the Town of Scottsville, to which the parts of this chapter pertaining to erosion and sediment
control, including the requirement for the submittal and approval of an erosion and sediment control plan,
shall apply.
C. Stream buffers. Any area within the County and the Town of Scottsville designated as a stream buffer
under this chapter.
D. Permanent stormwater management facilities. Any areas served by a public permanent stormwater
management facility.
E. Discharges, connections and dumping. All activities that cause or allow to be caused direct or indirect
illicit discharges, illicit connections, and the prohibited dumping of refuse and pollutants, or which
negatively impede the flow capacity of the County’s MS4 or State waters.
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:33, 62.1-44.15:34, 62.1-44.15:54, 62.1-44.15:55, 62.1-44.15:73;
9VAC25-890-40.
Sec. 17-104 Land disturbing activity prohibited without approved plans; responsibility.
No owner shall engage in land disturbing activity subject to the requirements of this chapter, or allow land
disturbing activity to occur, on his property, until:
A. Erosion and sediment control plan approved under the VESCP. The owner has submitted to the
administrator an erosion and sediment control plan for the land disturbing activity and the plan has been
reviewed and approved by the administrator, and all other prerequisites to engaging in land disturbing
activity have been satisfied, as provided in section 17-400 et seq.; and
B. Permit approved under the VSMP. The owner has submitted to the administrator an application for a
VSMP permit to conduct land disturbing activity and the permit has been reviewed and approved by the
administrator, and all other prerequisites to engaging in land disturbing activity have been satisfied, as
provided in section 17-400 et seq.
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:34, 62.1-44.15:55; 9VAC25-890-40.
Sec. 17-105 Assumptions.
The administration of the requirements of this chapter is assumed to comply with the County’s obligations under
its MS4 permit, that the control measures and best management practices approved by the administrator in
conjunction with any erosion and sediment control plan or VSMP permit are effective based upon current control
technologies and best management practices. It also is assumed that control technologies and best management
practices are constantly being refined and improved and, as a result, the requirements of State law, this chapter,
and the Design Standards Manual will be responsive to these refinements and improvements in administering this
chapter.
State law reference – 9VAC25-870-400.
Sec. 17-106 Integration with other programs.
20
The requirements of this chapter shall be integrated and implemented in conjunction with any project requiring
compliance prior to any land disturbing activity, including subdivisions, site plans, and any other plans of
development, those projects within the flood hazard overlay district established in the Zoning Ordinance, and any
dam break inundation zone that has been mapped as provided in Virginia Code § 10.1-606.3.
(§ 17-107, Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:54.
Sec. 17-107 Obligation to comply with all State laws.
Neither any provision in this chapter, nor any omission from this chapter of a self -executing requirement of State
law, shall relieve any owner from any responsibilities, liabilities, or penalties established under applicable State
law nor preclude the institution of any legal action by the County, the Virginia Department of Environmental
Quality, or any other public entity with enforcement powers under State law.
State law reference – 9VAC25-880-70.
Sec. 17-108 Saving provision.
The adoption of this chapter, which shall be effective July 1, 2014, shall not abate any pending action, liability, or
penalty of any person accruing or about to accrue, nor waive any right o f the County under chapter 17 in effect
prior to July 1, 2014, unless expressly provided for in this chapter. Any erosion and sediment control plan,
stormwater management plan, mitigation plan and, to the extent they pertain to stormwater management, any
final site plan or subdivision plat, approved prior to July 1, 2014, shall remain in full force and effect, and all rights
and remedies of the County in enforcing those plans, permits and plats are hereby preserved.
(2-11-98; Code 1988, § 19.3-7; § 17-106, Ord. 98-A(1), 8-5-98)
Article II. Administration
Sec. 17-200 Designation of program authority.
The County of Albemarle, Virginia, is hereby designated the program authority (the “program authority”) for the
purpose of administering the Virginia Erosion and Sediment Control Program (“VESCP”) and the Virginia
Stormwater Management Program (“VSMP”) within the County and the Town of Scottsville. In addition, to further
administer the VESCP and the VSMP:
A. Agreements. The County may enter into agreements with soil and water conservation districts, adjacent
localities, or other public or private entities to assist with administering and implementing the VESCP and
the VSMP.
B. Cooperation with State and Federal agencies. The County may cooperate and enter into agreements with
any State or Federal agency in connection with the requirements for erosion and sediment control with
respect to land disturbing activities or for land disturbing activities for stormwater management.
(§ 7-9, 4-21-76, 2-11-87, 3-18-92; § 19.3-6, 2-11-98; Code 1988, §§ 7-9, 19.3-6; § 17-105, Ord. 98-A(1), 8-5-98;
Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:50, 62.1-44.15:54, 62.1-44.15:58, 62.1-44.15:61.
Sec. 17-201 Designation of program administrator; powers and duties; express designations.
The County engineer is hereby designated the program administrator (the “administrator”) for the purpose of
administering this chapter. The administrator shall have the powers and duties to administer and enforce the
VESCP and the VSMP, and to exercise all powers and perform those duties of the program authority as provided
in this chapter. In addition, the following officers and employees are hereby designated specific tasks in order to
assist the administrator in administering this chapter:
A. Plan reviewers and inspectors. County employees qualified under section 17-202 and under State law are
designated to act as certified plan reviewers and certified inspectors under the VESCP and the VSMP.
21
B. Administrator for post-construction stormwater management facilities and best management practices.
The director of the County’s Department of General Services is hereby designated to administer the
VSMP for post-construction stormwater management facilities and best management practices.
C. Administrator for the County’s MS4 permit and MS4 program plan. The director of the County’s
Department of General Services is hereby designated as the administrator of the County’s MS4 permit in
order to ensure compliance therewith, and to develop and administer the County’s MS4 program plan.
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:54.
Sec. 17-202 Administrator, plan reviewers and inspectors; certificates of competence.
The administrator, any person reviewing VESCP or VSMP plans, and each person conducting project inspections
under either the VESCP or the VSMP, shall hold a valid certificate of competence for the classification of the task
to be performed, or its equivalent, as provided in 9VAC25-850-10 et seq. The administrator and any other person
may hold certificates for more than one classified task.
For purposes of program compliance reviews and evaluations by the State Water Control Board, the enrollment of
persons in certification programs shall be deemed to meet the certification requirements as provided in 9VAC25-
850-55.
(§ 7-9, 4-21-76, 2-11-87, 3-18-92; § 19.3-6, 2-11-98; Code 1988, §§ 7-9, 19.3-6; § 17-105, Ord. 98-A(1), 8-5-98;
Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:30, 62.1-44.15:54; 9VAC25-850-10 et seq.
Sec. 17-203 Administrator; reporting and recordkeeping.
The administrator, on behalf of the authority, shall report and keep records as follows:
A. Reporting. On a fiscal year basis (July 1 to June 30), the administrator shall report to the Virginia
Department of Environmental Quality by October 1 of each year in a format provided by the department.
The information to be provided shall include the following:
1. Permanent stormwater management facilities completed. Information on each permanent
stormwater management facility completed during the fiscal year to include type of stormwater
management facility, geographic coordinates, acres treated, and the surface waters or karst
features into which the stormwater management facility will discharge.
2. Enforcement actions. The number and type of enforcement actions during the fiscal year.
3. Exceptions granted. The number of exceptions granted during the fiscal year.
B. Recordkeeping; period to retain. The administrator shall keep records in accordance with the following:
1. Project records. Project records, including approved stormwater management plans, shall be kept
for three (3) years after the date of project completion or termination of the VSMP permit.
2. Inspection records. Stormwater management facility inspection records shall be documented and
retained for at least five (5) years after the date of inspection.
3. Construction record drawings. Construction record drawings shall be maintained in perpetuity or
until a stormwater management facility is removed.
4. Registration statements. All registration statements submitted in accordance with section 17-401
shall be documented and retained for at least three (3) years after the date of project completion
or termination of the VSMP permit.
State law reference – Va. Code §§ 62.1-44.15:25, 62.1-44.15:28; 9VAC25-870-122, 9VAC25-870-126, 9VAC25-870-148(A)(9).
Sec. 17-204 Rules of construction.
22
This chapter protects paramount public interests and shall be liberally construed to effectuate its several
purposes. In addition to the rules of construction set forth in Albemarle County Code § 1-101, the following rules
of construction apply to the construction of this chapter, unless the application woul d be contrary to the purposes
of this chapter or the context clearly indicates otherwise:
A. All references to any statute, regulation, guideline, handbook, manual or standard are to that statute,
regulation, guideline, handbook, manual or standard as it exists on the date of adoption of this chapter,
and includes any amendment thereafter or reissue in a subsequent edition.
B. All references to the “administrator” include, in the appropriate context, a certified plan reviewer, certified
inspector, or any other person designated to act under this chapter.
C. All references to the “owner” include, in the appropriate context, the applicant, the permittee, the operator.
D. All references to the “County,” when referring to physical territory in articles I thr ough IX of this chapter,
include the physical territory of both the County of Albemarle and the Town of Scottsville.
E. All references to “this chapter,” when used in articles I through IX, are referring to articles I through IX.
F. The word “days” means calendar days, unless otherwise expressly provided.
G. All distances and areas shall be measured in a horizontal plane unless otherwise expressly provided.
H. The word “current” means the point in time at which a matter is under consideration and shall not mean
the date of adoption of the most recent amendment to this chapter.
I. The word “maintain” or “maintenance” also includes, repair, replace and reconstruct.
J. All provisions requiring that improvements be designed or constructed to prescribed standards, or
otherwise comply with delineated standards, refer to the minimum standard and nothing in this chapter
shall prohibit an improvement from exceeding the standard.
K. Any word or phrase used in this chapter that is not defined in section 17-205 shall be defined as it is in
the Virginia Stormwater Management Act (Virginia Code § 62.1-44.15:24 et seq.), the Erosion and
Sediment Control Law (Virginia Code § 62.1-44.15:51 et seq.), and in the applicable regulations in
9VAC25-830 through 9VAC25-890. If the word or phrase is not defined therein, the meaning of the word
or phrase shall be defined as it is in other chapters of this Code and if it is not defined therein, by resort to
other sources determined to be appropriate.
(2-11-98; Code 1988, § 19.3-4; § 17-103, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:54.
Sec. 17-205 Definitions.
The following definitions shall apply in the administration of this chapter:
Administrator. The term “administrator” means the County engineer.
Adequate channel. The term “adequate channel” means a watercourse that will convey the designated frequency
storm event without overtopping its banks or causing erosive damage to the bed, banks and overbank sections of
the same.
Agreement in lieu of a plan. The term “agreement in lieu of a plan” means a written contract between the County
and the owner that specifies conservation measures that must be implemented in the construction of a single -
family residence, in lieu of an erosion and sediment control plan.
Agreement in lieu of a stormwater management plan. The term “agreement in lieu of a stormwater management
plan” means a written contract between the County and the owner or permittee that specifies methods that shall
be implemented to comply with the requirements of the VSMP for the construction of a single-family residence, in
lieu of a stormwater management plan.
23
Agricultural land. The term “agricultural land” means land used for horticulture, viticulture, silvicult ure or other
gardening which may involve the tilling of soil for the raising of crops; the keeping of livestock and/or poultry;
and/or agricultural industries or businesses, such as, but not limited to, orchards, fruit packing plants, dairies,
nurseries or wayside stands.
Agricultural road. The term “agricultural road” means a road or portion of a road that is constructed exclusively for
access to agricultural land and is located on or serves a lot which is not the subject of a pending or approved
preliminary or final plat, initial or final site plan, zoning map amendment to a non-agricultural zoning district, or a
special use permit for a use or activity not directly related to agriculture.
Amendment to approved plan. The term “amendment to approved plan” means an owner-requested change to an
approved plan or to approved permit conditions.
Applicant. The term “applicant” means any person submitting an application for a permit or plan approval under
this chapter.
Application. The term “application,” as used in Article IV, means an application for approval of an erosion and
sediment control plan, for land disturbing activity for which a VSMP permit is not required, or an application for
approval of a VSMP permit.
Best management practice (BMP). The term “best management practice” or “BMP” means schedules of activities,
prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the
pollution of surface waters and groundwater systems, and includes both structural a nd nonstructural practices
described as follows:
A. Structural best management practice. Structural best management practices include storage practices
such as wet ponds and extended-detention outlet structures; filtration practices such as biofilters, grassed
swales, sand filters and filter strips; infiltration practices such as infiltration basins and infiltration trenches;
and any post-construction BMP listed in the Virginia Stormwater BMP Clearinghouse Website
(http://vwrrc.vt.edu/swc/PostConstruction BMPs.html).
B. Nonstructural best management practice. Nonstructural best management practices are preventative
actions that involve management and source controls such as: (i) policies and regulations that provide
requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands
and riparian areas, maintain and/or increase open space (including a dedicated funding source for open
space acquisition), provide buffers along sensitive water bodies, minimize impervious s urfaces, and
minimize disturbance of soils and vegetation; (ii) policies or regulations that encourage infill development
in higher density urban areas, and areas with existing infrastructure; (iii) education programs for
developers and the public about project designs and maintenance activities that minimize water quality
impacts; and (iv) measures such as minimizing the percentage of impervious area after development and
minimizing directly connected impervious areas.
Board. The term “Board” means the State Water Control Board, unless the context indicates that the term refers
to the board of supervisors.
Bypass. The term “bypass” means the intentional diversion of waste streams from any portion of a treatment
facility.
Certified inspector. The term “certified inspector” means an employee or agent of the County who: (i) holds a
certificate of competence from the State Water Control Board in the area of project inspection; or (ii) is enrolled in
the State Water Control Board’s training program for project inspection and successfully completes the program
within one year after enrollment.
Certified plan reviewer. The term “certified plan reviewer” means an employee or agent of the County who: (i)
holds a certificate of competence from the State Water Control Board in the area of plan review; (ii) is enrolled in
the State Water Control Board’s training program for plan review and successfully completes the program within
one year after enrollment; or (iii) is licensed as a professional engineer, architect, landscape architect, land
surveyor pursuant to Article 1 (Virginia Code § 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Virginia Code, or
a professional soil scientist as defined in Virginia Code § 54.1-2200.
24
Certified program administrator. The term “certified program administrator” means an employee or agent of the
County who: (i) holds a certificate of competence from the State Water Control Board in the area of program
administration; or (ii) is enrolled in the State Water Control Board’s training program for program administration
and successfully completes the program within one year after enrollment.
Channel. The term “channel” means a natural stream or manmade waterway.
Clean Water Act (CWA). The term “Clean Water Act” or “CWA” means the federal Clean Water Act (33 U.S.C.
§ 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control
Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law
96-483, and Public Law 97-117, or any subsequent revisions thereto.
Common plan of development or sale. The term “common plan of development or sale” means a contiguous area
where separate and distinct construction activities may be taking place at diff erent times on different schedules.
Construction activity. The term “construction activity” means any clearing, grading or excavation associated with
large construction activity or associated with small construction activity.
Contiguous nontidal wetlands. The term “contiguous nontidal wetlands” means nontidal wetlands that lie within or
adjacent to a stream channel or within the flood plain of that stream channel so that there is a hydrologic
connection between the stream and the wetland, and which include impoundments of water along a natural
stream channel.
Control measure. The term “control measure” means any best management practice or stormwater facility, or
other method used to minimize the discharge of pollutants to State waters, or otherwise restr ict or alter the
hydraulics of stormwater flow and discharge.
Dam. The term “dam” means a barrier to confine or raise water for storage or diversion, to create a hydraulic
head, to prevent gully erosion, or to retain soil, rock or other debris.
Denuded. The term “denuded” means land that has been physically disturbed and no longer supports vegetative
cover.
Department of community development. The term “department of community development” means the County
department of community development.
Department. The term “Department” means the Department of Environmental Quality, unless the context
indicates that the term refers to a County department.
Department of general services. The term “department of general services” means the County department of
general services.
Design Standards Manual. The term “Design Standards Manual” means the manual developed and maintained by
the administrator that includes, among other things, the technical criteria required under the VESCP and the
VSMP, and best management practices.
Development. The term “development” means: (i) for the purposes of the VESCP, a tract or parcel of land
developed or to be developed as a single 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 ; and (ii) for purposes of the
VSMP, land disturbance and the resulting landform associated with the construction of residential, commercial,
industrial, institutional, recreation, transportation, or utility facilities or structures or the clearing of land for
nonagricultural or nonsilvicultural purposes; the regulation of discharges from development, for purposes of these
regulations, does not include the exemptions found in 9VAC25-870-300.
Development area. The term “development area” means any portion of the County designated as such in the
Comprehensive Plan.
Dike. The term “dike” means an earthen embankment constructed to confine or control water, especially one built
along the banks of a river to prevent overflow of lowlands; a levee.
Discharge. The term “discharge,” when used without qualification, means the discharge of a pollutant.
25
Discharge of a pollutant. The term “discharge of a pollutant” means any addition of any pollutant or combination of
pollutants to State waters from any point source, and includes additions of pollutants into surface waters from
surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances
owned by the State, the County, or other person that do not lead to a treatment works; and discharges through
pipes, sewers, or other conveyances, leading into privately owned treatment works; provided that this definition
does not include an addition of pollutants by any indirect discharger.
Drainage area. The term “drainage area” means a land area, water area, or both from which runoff flows to a
common point or boundary.
Erosion and sediment control plan. The term “erosion and sediment control plan” means a document containing
material for the conservation of soil and water resources of a unit or group of units of land. It may include
appropriate maps, an appropriate soil and water plan inventory and management information with needed
interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major
conservation decisions and all information deemed necessary by the program authority to assure that the entire
unit or units of land will be so treated to achieve the conservation objectives.
Erosion impact area. The term “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; provided that the area of land is not a lot or parcel of ten thousand (10,000)
square feet or less used for residential purposes or a shoreline where the erosion results from wave action or
other coastal processes.
Facility or activity. The term “facility or activity” means any point source or treatment works treating domestic
sewage or any other facility or activity, including land or appurtenances thereto, that is subject to regulation under
the VSMP.
Floodplain. The term “floodplain” means the area adjacent to a channel, river, stream, or other water body that is
susceptible to being inundated by water normally associated with the one hundred (100) year flood or storm
event, and includes, but is not limited to, the floodplain designated by the Federal Emergency Management
Agency on a Flood Insurance Rate Map.
General permit. The term “general permit” means a general permit authorizing a category of discharges under the
Clean Water Act and the Stormwater Management Act within a geographical area. The full title of the general
permit is “General Permit for Discharges of Stormwater from Construction Activities” as provided in 9VAC25 -880.
Hazardous substance. The term “hazardous substance” means any substance designated under the Code of
Virginia or 40 CFR Part 116 pursuant to section 311 of the Clean Water Act.
Illicit discharge. The term “illicit discharge” means any discharge to a municipal separate storm sewer that is not
composed entirely of stormwater, except discharges pursuant to a separat e VPDES or general permit (other than
the state permit for discharges from the municipal separate storm sewer), discharges resulting from firefighting
activities, and discharges identified by and in compliance with 9VAC25-870-400(D)(2)(c)(3).
Inspection. The term “inspection” means an onsite review of a project’s compliance with an approved erosion and
sediment control plan, an approved VSMP permit, the general permit, the VESCP, the VSMP, and any applicable
design criteria, or an onsite review to obtain information or conduct surveys or investigations necessary for the
implementation or enforcement of this chapter.
Intermittent stream. The term “intermittent stream” means a natural stream or portion of a natural stream that has
a defined bed and defined banks within which water flows in response to precipitation, through near surface
groundwater flow, or from springs, and which is not a perennial stream.
Land disturbance or land disturbing activity. The term “land disturbance” or “land disturbing activity” means: (i) for
purposes of the VESCP, any man-made change to the land surface that may result in soil erosion from water or
wind and the movement of sediments into State waters or onto lands in the State, including, but not limited to,
clearing, grading, excavating, transporting, and filling of land, but does not include those land disturbing activities
exempt under section 17-301; and (2) for purposes of the VSMP, a man-made change to the land surface that
potentially changes its runoff characteristics including clearing, grading, or excavation, but does not include those
land disturbing activities that are exempt under Virginia Code § 62.1-44.15:34 and section 17-303.
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Large construction activity. The term “large construction activity” means construction activity, including clearing,
grading and excavation resulting in the disturbance of five (5) acres or more of total land area; provided that the
disturbance of less than five (5) acres of total land area is a large construction activity if it is part of a larger
common plan of development or sale if the larger common plan will ultimately disturb five (5) acres or more. Large
construction activity does not include routine maintenance that is performed to maintain the original line and
grade, hydraulic capacity, or original purpose of the facility.
Layout. The term “layout” means a conceptual drawing sufficient to provide for the specified stormwater
management facilities required at the time of approval.
Linear development project. The term “linear development project” means a land-disturbing activity that is linear in
nature such as, but not limited to: (i) the construction of electric and telephone utility lines, and natural gas
pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other related structures of
a railroad company; (iii) highway construction projects; (iv) construction of stormwater channels and stream
restoration activities; and (v) water and sewer lines; provided that private subdivision roads or s treets are not
linear development projects.
Major modification. The term “major modification” means, for the purposes of this chapter, the modification or
amendment of an existing general permit before its expiration that is not a minor modification.
Man-made. The term “man-made” means constructed by man.
Maximum extent practicable (MEP). The term “maximum extent practicable” or “MEP” means the technology-
based discharge standard for municipal separate storm sewer systems established by CWA § 402(p) and which is
achieved, in part, by selecting and implementing effective structural and nonstructural best management practices
(BMPs) and rejecting ineffective BMPs and replacing them with effective best management practices (BMPs).
MEP is an iterative standard, which evolves over time as urban runoff management knowledge increases. As
such, the County’s MS4 program must continually be assessed and modified to incorporate improved programs,
control measures, BMPs, and other practices, procedures and requirements, to attain compliance with water
quality standards.
Minimize. The term “minimize” means to reduce or eliminate the discharge of pollutants to the extent achievable
using stormwater controls that are technologically available and economically practicable.
Minor modification. The term “minor modification” means a minor modification or amendment of an existing
general permit before its expiration for the reasons listed in 40 CFR 122.63 and as specified in 9VAC25 -870-640,
and other modifications and amendments not requiring extensive review and evaluation including, but not limited
to, changes in United States Environmental Protection Agency-promulgated test protocols, increasing monitoring
frequency requirements, changes in sampling locations, and changes to compliance dates within the overall
compliance schedules. A minor general permit modification or amendment does not substantially alter general
permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of
the operation, or reduce the capacity of the facility to protect human health or the environment.
Mitigation plan. The term “mitigation plan” means a plan which meets the requirements of section 17-406 that
describes how encroachments into a stream buffer will be mitigated through runoff treatment, revegetation, the
addition of extra buffer areas, or other appropriate best management practices. A mitigation plan may be a
component of a VSMP permit, or an erosion and sediment control plan if the land disturbing activity is subject
solely to the VESCP.
Municipal separate storm sewer. The term “municipal separate storm sewer” means a conveyance or system of
conveyances otherwise known as a municipal separate storm sewer system, including roads with draina ge
systems, streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains: (i) owned or operated
by a federal, state, city, town, county, district, association, or other public body, created by or pursuant to State
law, having jurisdiction or delegated authority for erosion and sediment control and stormwater management, or a
designated and approved management agency under § 208 of the CWA that discharges to surface waters; (ii)
designed or used for collecting or conveying stormwater;
(iii) that is not a combined sewer; and (iv) that is not part of a publicly owned treatment works.
Municipal separate storm sewer system (MS4). The term “municipal separate storm sewer system” or “MS4”
means all separate storm sewers that are defined as “large” or “medium” or “small” municipal separate storm
sewer systems or designated under 9VAC25-870-380(A)(1).
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Natural stream. The term “natural stream” means a tidal or nontidal watercourse that is part of the natural
topography, that usually maintains a continuous or seasonal flow during the year, and is characterized as being
irregular in cross-section with a meandering course. Constructed channels such as drainage ditches or swales
shall not be considered natural streams; however, channels designed using natural channel design concepts may
be considered natural streams.
Necessary infrastructure. The term “necessary infrastructure” means components of a site development
necessary for the protection of the public health, safety, or welfare, and environmental features and they include,
but are not limited to. drainage channels, structures and facilities, best management practices, access roads for
emergency vehicles, and access roads in order to maintain stormwater management facilities or water -dependent
facilities, or both.
Nonpoint source pollution. The term “nonpoint source pollution” means pollution such as sediment, nitrogen,
phosphorus, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed
from the land surface in a diffuse manner by runoff.
Nontidal wetlands. The term “nontidal wetlands” means wetlands other than tidal wetlands that are inundated or
saturated by surface or groundwater at a frequency and duration to support, and that under normal circumst ances
do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the
United States Environmental Protection Agency pursuant to section 404 of the Clean Water Act and its
implementing regulations.
Nutrient credit. The term “nutrient credit” or “credit” means a nutrient credit certified pursuant to Virginia Code §
62.1-44.19:12 et seq.
Operator. The term “operator” means the owner or operator of any facility or activity subject to regulation under
this Ordinance.
Other rural land. The term “other rural land” means any portion of the County that is designated Rural Area in the
Comprehensive Plan but which is not within a water supply protection area.
Outfall. The term “outfall” means, when used in reference to municipal separate storm sewers, a point source at
the point where a municipal separate storm sewer discharges to surface waters and does not include open
conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyan ces which
connect segments of the same stream or other surface waters and are used to convey surface waters.
Owner. The term “owner” means the Commonwealth or any of its political subdivisions including, but not limited
to, sanitation district commissions and authorities, and any public or private institution, corporation, association,
firm or company organized or existing under the laws of this or any other state or country, or any officer or agency
of the United States, or any person or group of persons acting individually or as a group that owns, operates,
charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of
sewage, industrial wastes, or other wastes or pollutants to state waters, or any facility or operation that has the
capability to alter the physical, chemical, or biological properties of state waters in contravention of Virginia Code
§ 62.1-44.5, the Virginia Stormwater Management Act and 9VAC25-870.
Peak flow rate. The term “peak flow rate” means the maximum instantaneous flow from a prescribed design storm
at a particular location.
Perennial stream. The term “perennial stream” means any stream that is depicted as a continuous blue line on the
most recent United States Geological Survey 7.5 minute topographic quadrangle maps (scale 1:24,000), which is
determined by the program authority to be perennial following a site-specific evaluation using the guidance
entitled “Determinations of Water Bodies with Perennial Flow,” dated September 2003, issued by the Chesapeake
Bay Local Assistance Department, or which is delineated as a perennial stream by the United States Army Corps
of Engineers, the Virginia Department of Environmental Quality, or under the Virginia Water Protection program.
Permittee. The term “permittee” means the person to whom the County has issued a permit.
Person. The term “person” means any individual, corporation, partnership, association, state, municipality,
commission, or political subdivision of a state, governmental body, including a Federal, State, or local entity as
applicable, any interstate body or any other legal entity.
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Plan of development. The term “plan of development” means the process for site plan or plat review to ensure
compliance with Virginia Code § 62.1-44.15:74 and this chapter which is required as a precedent to clearing,
grading, or other land disturbing activity on a site or the issuance of a building permit.
Plat. The term “plat” means a preliminary or final plat, or a plat for any other class of subdivision as provided in
the Subdivision Ordinance.
Point of discharge. The term “point of discharge” means a location at which concentrated runoff is released.
Point source. The term “point source” means any discernible, confined, and discrete conveya nce including, but
not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutant s
are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural
stormwater runoff.
Pollutant. The term “pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those
regulated under the Atomic Energy Act of 1954, as amended (42 USC § 2011 et seq.)), heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into
water; provided that this term does not mean: (i) sewage from vessels; or (ii) water, gas, or other material that is
injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production
and disposed of in a well if the well used either to facilitate production or for disposal purposes is approved by the
State Water Control Board and if it determines that the injection or disposal will not result in the d egradation of
groundwater or surface water resources.
Pollutant discharge. The term “pollutant discharge” means the average amount of a particular pollutant measured
in pounds per year or other standard reportable unit as appropriate, delivered by runoff.
Pollution. The term “pollution” means the alteration of the physical, chemical or biological properties of any State
waters as will or is likely to create a nuisance or render the waters:(i) harmful or detrimental or injurious to the
public health, safet y or welfare, or to the health of animals, fish or aquatic life; (ii) unsuitable with reasonable
treatment for use as present or possible future sources of public water supply; or (iii) unsuitable for recreational,
commercial, industrial, agricultural, or other reasonable uses, provided that (a) an alteration of the physical,
chemical, or biological property of State waters, or a discharge or deposit of sewage, industrial wastes or other
wastes to State waters by any owner which by itself is not sufficient to cause pollution, but which, in combination
with such alteration of or discharge or deposit to State waters by other owners, is sufficient to cause pollution; (b)
the discharge of untreated sewage by any owner into State waters; and (c) contributing to the contravention of
standards of water quality duly established by the State Water Control Board, are “pollution” for the purposes of
this chapter.
Pollution prevention plan. The term “pollution prevention plan” means a plan which meets the requirements of
section 17-404 for implementing pollution prevention measures during construction activities and which details the
design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the
discharge of pollutants. A pollution prevention plan is a component of a VSMP permit.
Postdevelopment. The term “postdevelopment” means the conditions that reasonably may be expected or
anticipated to exist after completion of the land development activity on a specific site.
Predevelopment. The term “predevelopment” means the conditions that exist at the time that plans for the land
development of a tract of land are submitted to the authority. Where phased development or plan approval occurs
(preliminary grading, demolition of existing structures, roads and utilities, and similar acts), the existing conditions
at the time prior to the first item being submitted shall establish predevelopment conditions.
Program. The term “program” means the Virginia Erosion and Sediment Control Program or the Virginia
Stormwater Program or, in the appropriate context, both.
Regulations. The term “regulations,” when referring to State regulations, means those regulations implementing
the Virginia Stormwater Management Act and the Erosion and Sediment Control Law in 9VAC25-830 through
9VAC25-890.
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Reinspection. The term “reinspection” means any inspection necessary to determine whether any deficiency or
violation in a notice of violation or a stop work order has been corrected.
Runoff. The term “runoff” means that portion of precipitation that is discharged across the land surface or through
conveyances to one or more waterways.
Runoff characteristics. The term “runoff characteristics” includes maximum velocity, peak flow rate, volume, flow
duration, and any other measure of the nature of the discharge.
Runoff volume. The term “runoff volume” means the volume of runoff that runs off the site from a prescribed
design storm.
Sediment basin. The term “sediment basin” means a temporary impoundment built to retain sediment and debris
with a controlled stormwater release structure.
Sewage disposal system. The term “sewage disposal system” means a sewerage system or treatment works
composed of a facility or combination of facilities constructed for the transport or treatment, or both, of domestic,
commercial or industrial sewage, but not including plumbing, fixtures, lateral pipes from a dwelling unit to a septic
tank, lateral pipes from a dwelling unit to a publicly owned sewerage facility, or publ icly owned facilities for the
transport or treatment, or both, of sewage.
Site. The term “site” means the land or water area composed of one or more parcels 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.
Small construction activity. The term “small construction activity” means:
A. Construction activities including clearing, grading, and excavating that results in land disturbance of equal
to or greater than ten thousand (10,000) square feet, and less than five (5) acres, or a land disturbance of
less than ten thousand (10,000) square feet that is part of a larger common plan of development or sale if
the larger common plan will ultimately disturb equal to or greater than ten thousand (10,000) square feet
and less than five (5) acres. Small construction activity does not include routine maintenance that is
performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
The State Water Control Board may waive the otherwise applicable requirements in a general permit for a
stormwater discharge from construction activities that disturb less than five (5) acres where stormwater
controls are not needed based on an approved “total maximum daily load” (TMDL) that addresses the
pollutant(s) of concern or, for nonimpaired waters that do not require TMDLs, an equivalent analysis that
determines allocations for small construction sites for the pollutant(s) of concern or that determines that
such allocations are not needed to protect water quality based on consideration of existing in -stream
concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. For
the purpose of this subdivision, the pollutant(s) of concern include sediment or a parameter that
addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has
been identified as a cause of impairment of any water body that will receive a discharge from the
construction activity. The operator must certify to the State Water Control Board that the construction
activity will take place, and stormwater discharges will occur, within the drainage area addressed by the
TMDL or equivalent analysis; or
B. Any other construction activity designated by either the State Water Control Board or the United States
Environmental Protection Agency’s regional administrator, based on the potential for contribution to a
violation of a water quality standard or for significant contribution of pollutants to surface waters.
Source. The term “source” means any building, structure, facility, or installation from which there is or may be a
discharge of pollutants.
Stabilized. The term “stabilized” means land that has been treated to withstand normal exposure to natural forces
without incurring erosion damage.
State. The term “State” means the Commonwealth of Virginia.
State Water Control Law. The term “State Water Control Law” means Chapter 3.1 (Virginia Code § 62.1-44.2 et
seq.) of Title 62.1 of the Virginia Code.
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State waters. The term “State waters” means all water, on the surface and under the ground, wholly or partially
within or bordering the State or within its jurisdiction, including wetlands.
Stormwater. The term “stormwater” means precipitation that is discharged across the land surface or through
conveyances to one or more waterways and that may include runoff, snow melt runoff, and surface runoff and
drainage.
Stormwater conveyance system. The term “stormwater conveyance system” means a combination of drainage
components that are used to convey stormwater discharge, either within or downstream of the land disturbing
activity, and includes a man-made, natural, or restored stormwater conveyance system described as follows:
A. Man-made stormwater conveyance system. The term “man-made stormwater conveyance system”
means a pipe, ditch, vegetated swale, or other stormwater conveyance system constructed by man
except for restored stormwater conveyance systems.
B. Natural stormwater conveyance system. The term “natural stormwater conveyance system” means the
main channel of a natural stream and the flood-prone area adjacent to the main channel.
C. Restored stormwater conveyance system. The term “restored stormwater conveyance system” means a
stormwater conveyance system that has been designed and constructed using natural channel design
concepts, and they include the main channel and the flood-prone area adjacent to the main channel.
Stormwater detention. The term “stormwater detention” means the process of temporarily impounding runoff and
discharging it through a hydraulic outlet structure to a downstream stormwater conveyance system.
Stormwater discharge. The term “stormwater discharge” means a discharge of runoff from sites where one or
more of the following are located: (i) land disturbing activities including, but not limited to, clearing, grading, or
excavation; (ii) construction materials or equipment storage or maintenance including, but not limited to, fill piles,
borrow area, concrete truck washout, fueling; or (iii) other industrial stormwater directly related to the construction
process including, but not limited to, concrete or asphalt batch plants.
Stormwater management facility. The term “stormwater management facility” means a control measure 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. The term “stormwater management plan” means a plan which meets the
requirements of section 17-403 containing information for describing methods for complying with the applicable
requirements of this chapter, and which typically contains two major components: (i) measures addressing
stormwater detention for water quantity and discharge characteristics impacts; and (ii) measures addressing
nutrient loadings and water quality. A stormwater management plan is a c omponent of a VSMP permit.
Stormwater pollution prevention plan (SWPPP). The term “stormwater pollution prevention plan” or “SWPPP”
means a document that is prepared in accordance with good engineering practices and that identifies potential
sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges. An SWPPP
required under the VSMP for construction activities 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.
Stream buffer. The term “stream buffer” means an area of land at or near a tr ibutary streambank or nontidal
wetland, or both, that has an intrinsic water quality value due to the ecological and biological processes it
performs or is otherwise sensitive to changes which may result in significant degradation to the quality of State
waters.
Subdivision. The term “subdivision” means the same as defined in the Subdivision Ordinance.
Subdivision Ordinance. The term “Subdivision Ordinance” means the subdivision regulations of the County of
Albemarle, Virginia codified in Chapter 14 of the Albemarle County Code.
Surface waters. The term “surface waters” means: (i) all waters that are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and
flow of the tide; (ii) all interstate waters, including interstate wetlands; (iii) all other waters such as intrastate lakes,
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rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet
meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect
interstate or foreign commerce including any such waters that are or could be used by interstate or foreign
travelers for recreational or other purposes; from which fish or shellfish are or could be taken and sold in interstate
or foreign commerce; or that are used or could be used for industrial purposes by industries in interstate
commerce; (iv) all impoundments of waters otherwise defined as surface waters under this definition; (v)
tributaries of waters identified in subdivisions (i) through (iv) of this definition; and (vi) wetlands adjacent to waters
(other than waters that are themselves wetlands) identified in subdivisions (i) through (v) of this definition;
provided that waste treatment systems, including treatment ponds or lagoons designed to meet the requirements
of the Clean Water Act and the law, are not surface waters, and surface waters do not include prior converted
cropland as determined by the United States Environmental Protection Agency.
Ten-year storm. The term “ten-year storm” means a storm that is capable of producing rainfall expected to be
equaled or exceeded on the average of once in ten (10) years, and which also may be expressed as an
exceedance probability with a ten (10) percent chance of being equaled or exceeded in any given year.
Total maximum daily load (TMDL). The term “total maximum daily load” or “TMDL” means the sum of the
individual wasteload allocations for point sources, load allocations (LAs) for nonpoint sources, natural background
loading and a margin of safety, and which can be expressed in terms of either mass per time, toxicity, or other
appropriate measure.
Town of Scottsville. The term “Town of Scottsville” means all of that territory within the incorporated boundaries of
the Town of Scottsville, Virginia, located within the County of Albemarle, Virginia and the County of Fluvanna,
Virginia.
Tract. The term “tract,” as used in the definition of “development,” means more than one parcel, or any part
thereof, including more than one parcel shown on a subdivision plat or a site plan.
Two-year storm. The term “two-year storm” means a storm that is capable of producing rainfall expected to be
equaled or exceeded on the average of once in two (2) years, and which also may be expressed as an
exceedance probability with a fifty (50) percent chance of being equaled or exceeded in any given year.
Twenty-five year storm. The term “twenty-five year storm” means a storm that is capable of producing rainfall
expected to be equaled or exceeded on the average of once in twenty-five (25) years, and which also may be
expressed as an exceedance probability with a four (4) percent chance of being equaled or exceeded in any
given year.
Upset. The term “upset” means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based general permit effluent limitations because of factors beyond the
reasonable control of the operator; provided that the term does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
VESCP. The acronym “VESCP” means the Virginia Erosion and Sediment Control Program.
VSMP. The acronym “VSMP” means the Virginia Stormwater Management Program.
Virginia Erosion and Sediment Control Program (VESCP). The term “Virginia Erosion and Sediment Control
Program” means the program established by this chapter and approved by the State Water Control Board for the
effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land disturbing
activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural
resources and include this chapter and all other applicable rules, permit requirements, annual standards and
specifications, policies and guidelines, technical materials, and requirements for plan review , inspection,
enforcement, and evaluation consistent with the requirements of the Erosion and Sediment Control Law and
related regulations.
Virginia Stormwater BMP Clearinghouse Website. The term “Virginia Stormwater BMP Clearinghouse Website”
means a website that contains the authorized detailed design standards and specifications for control measures
that may be used in the State to comply with the requirements of the Virginia Stormwater Management Act and
related State regulations, and whose ISP address as of July 1, 2014 is
http://vwrrc.vt.edu/swc/PostConstructionBMPs.html.
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Virginia Stormwater Management Act. The term “Virginia Stormwater Management Act” means Article 2.3
(Virginia Code § 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Virginia Code.
Virginia Stormwater Management Program (VSMP). The term “Virginia Stormwater Management Program”
means the program established by this chapter and approved by the State Water Quality Control Board to
manage the quality and quantity of runoff resulting from land disturbing activities and includes this chapter and all
other applicable rules, permit requirements, annual standards and specifications, policies and guidelines,
technical materials, and requirements for plan review, inspection, enforcement, and evaluation consistent with the
requirements of the Virginia Stormwater Management Act and related regulations.
VSMP authority. The term “VSMP authority” means an authority approved by the State Water Control Board after
September 13, 2011, to operate a Virginia Stormwater Management Program or, until such approval is given, the
Virginia Department of Environmental Quality. An authority may include a locality; state entity, including the
department; federal entity; or, for linear projects subject to annual standards and specifications in accordance with
Virginia Code § 62.1-44.15:31(B), electric, natural gas, and telephone utility companies, interstate and intrastate
natural gas pipeline companies, railroad companies, or authorities created pursua nt to Virginia Code § 15.2-5102.
Prior to approval, the State Water Control Board must find that the ordinances adopted by the locality’s VSMP
authority are consistent with the Virginia Stormwater Management Act and 9VAC25-870 including the General
Permit for Discharges of Stormwater from Construction Activities (9VAC25-880). Within the boundaries of the
County of Albemarle and the Town of Scottsville, the County is the VSMP authority.
VSMP permit or permit. The terms “VSMP permit” and “permit” mean an approval to conduct a land-disturbing
activity issued by the County for the initiation of a land-disturbing activity after evidence of general permit
coverage has been provided where applicable.
Wasteload allocation (WLA). The term “wasteload allocation” or “WLA” means the portion of a receiving surface
water’s loading or assimilative capacity allocated to one of its existing or future point sources of pollution, and is a
type of water quality-based effluent limitation.
Water-dependent facility. The term “water-dependent facility” means a development that cannot exist outside of
the stream buffer and must be located on the shoreline because of the intrinsic nature of its operation and which
include, but are not limited to: (i) the intake and outfall structures of power plants, sewage treatment plants, water
treatment plants, and storm sewers; (ii) public water-oriented recreation areas; and (iii) boat docks and ramps.
Water supply protection area. The term “water supply protection area” means those areas of land within the
County that are within the watershed of a public water supply reservoir or water supply intake, and those areas
shall consist of all land within the County that drains naturally to the South Fork Rivanna Reservoir, Beaver Creek
Reservoir, Totier Creek Reservoir, Sugar Hollow Reservoir, Ragged Mountain Reservoir, Chris Greene Lake, the
North Fork Rivanna River intake, and to any impoundment or water supply intake designated in the future by the
board of supervisors as a public water supply reservoir.
Watershed. The term “watershed” means a defined land area drained by a river or stream, karst system, or
system of connecting rivers or streams such that all surface water within the area flows through a single outlet;
provided that in karst areas, the karst feature to which water drains may be considered the single outlet for the
watershed.
Wetlands. The term “wetlands” means those areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions, and which generally include
swamps, marshes, bogs, and similar areas.
Written notice. The term “written notice” means a written communication from the administrator that is delivered
either mailed by first class mail, personal delivery, or, if consented to by the owner in writing, in conjunction with
submitting an application or otherwise, by fax or email.
Zoning Ordinance. The term “Zoning Ordinance” means the zoning regulations of the County of Albemarle,
Virginia codified in Chapter 18 of the Albemarle County Code.
33
(§ 7-2, 6-18-75, § 4, 7-9-80, 2-11-87, 3-18-92, § 19.1-5, 9-29-77, art. I, § 2, 9-13-78, 7-11-90, 8-3-94; § 19.2-4, 6-
19-91; § 19.3-5, 2-11-98; Code 1988, §§ 7-2, 19.1-5, 19.2-4, 19.3-5; § 17-104, Ord. 98-A(1), 8-5-98; Ord. 07-
17(1), 2-14-07; Ord. 08-17(1), 2-6-08; Ord. 08-17(3), 8-6-08)
State law reference – Va. Code §§ 62.1-44.15:24, 62.1-44.15:51; 9VAC25-840-10, 9VAC25-870-10.
Sec. 17-206 Records; disclosure and exemptions.
Any records required by the administrator to be submitted by the owner or in the possession of the administrator
are subject to disclosure to the public as follows:
A. Records not exempt from disclosure. The following records are not exempt from disclosure: (i) personal
information, to the extent as may be authorized under the Virginia Freedom of Information Act (Virginia
Code § 2.2-3700 et seq.); (ii) records related to inspection reports, notices of violation, and documents
detailing the nature of any land disturbing activity that may have occurred, or similar documents; (iii) the
name and address of any general permit applicant or permittee; (iv) general permit applications, gen eral
permits, and effluent data; and (v) information required by general permit application forms provided by
the Virginia Department of Environmental Quality, including information submitted on the forms
themselves and any attachments used to supply information required by the forms.
B. Records exempt from disclosure. The following records are exempt from disclosure to the public: (i) any
records relating to active Federal environmental enforcement actions that are considered confidential
under Federal law; and any records relating to enforcement strategies, including proposed sanctions for
enforcement actions; provided that, upon request, the records are subject to disclosure after a proposed
sanction resulting from the investigation has been determined b y the State Water Control Board, the
Virginia Department of Environmental Quality, or the administrator; and (ii) any secret formula, secret
processes, or secret methods other than effluent data submitted to the Virginia Department of
Environmental Quality pursuant to State law may be claimed as confidential by the submitter in
accordance with 40 CFR 122.7 .
C. Freedom of Information Act. Except as expressly provided in subsection (B), any other public record of
the County pertaining to this chapter and an y record submitted by an owner under this chapter shall be
subject to disclosure, or may be exempt from disclosure, as provided under the Virginia Freedom of
Information Act (Virginia Code § 2.2-3700 et seq.).
State law reference – Va. Code §§ 62.1-44.15:40; 9VAC25-870-340.
Sec. 17-207 Fees for land disturbing activity subject solely to the VESCP.
The following fees are for any land disturbing activity subject solely to the VESCP and shall apply to the services
provided by the County under this chapter. Any required fee shall be paid upon submittal of an application and
prior to each reinspection. Neither the County nor the County school board shall be required to pay any fee if it is
the applicant:
Land disturbing activity pertaining to single family dwelling unit
Agreement in lieu of a plan if single family dwelling unit located in a residential
development $150
Agreement in lieu of a plan if single family dwelling unit not located in a residential
development $150
Plan review for a single family dwelling unit $150
Permit and first year inspection fees for a single family dwelling unit $150
Annual permit renewal and inspection fees for a single family dwelling unit, starting with
second year $150
Each reinspection $150
Land disturbing activity pertaining to non-exempt agricultural land
Plan review $150 per review
Permit and first year inspection fees $150
34
Each reinspection $150
Annual permit renewal and inspection fees, starting with second year $150
All other land disturbing activity
Plan review, disturbed area less than one acre $150 per review
Permit and first year inspection fees, disturbed area less than one acre $200
Annual permit renewal and inspection fee, disturbed area less than one acre $200
Plan review, disturbed area one acre or larger $300 per review
Permit and first year inspection fees, disturbed area one acre or larger $100 per disturbed
acre
Annual permit renewal and inspection fee, disturbed area one acre or larger, starting
with second year
$100 per disturbed
acre
Each reinspection $250
Each request for partial or full release of surety $250
Amendment to approved plan $200 per plan review
Other services
Review of mitigation plan pertaining to a land disturbing activity in a stream buffer $150
Variances $150 per request
(§ 7-4, 6-18-75, § 6, 10-22-75, 4-21-76, 11-10-76, 3-2-77, 4-17-85, 2-11-87, 12-11-91, 3-18-92; § 19.3-17, 2-11-
98; Code 1988, §§ 7-4, 19.3-17;§ 17-209, Ord. 98-A(1), 8-5-98; Ord. 98-17(1), 11-11-98; Ord. 02-17(1), 7-3-02;
Ord. 08-17(3), 8-6-08; Ord. 11-17(1), 10-5-11)
State law reference – Va. Code § 62.1-44.15:54; 9VAC25-840-30.
Sec. 17-208 Fees for land disturbing activity under VSMP.
Each owner seeking coverage under the general permit, each owner requesting a transfer or modificati on of its
existing registration statement for coverage under the general permit, each owner requesting a major modification
to a general permit, and each owner covered under the general permit required to maintain permit coverage shall
pay a fee upon submittal of the VSMP permit application or, for the permit maintenance fee, annually, in the
amounts according to the following schedule:
Fee Type
Permit
Issuance
Fee 1
State Portion
of Permit
Issuance Fee 2
Transfer or
Modification
Fee Amount 3
Permit
Maintenance
Fee 4
Small construction activity or land
clearing that is less than 1 acre/if
involves construction of a sole single
family detached dwelling
$290/$209 $81/None $20 $140
Small construction activity or land
clearing that is equal to or greater than
1 acre and less than 5 acres/ if
involves construction of a sole single
family detached dwelling
$2,700/$209 $756/None $200 $1,350
Large construction activity or land
clearing that is equal to or greater than
5 acres and less than 10 acres
$3,400 $952 $250 $1,700
Large construction activity/land
clearing that is equal to or greater than
10 acres and less than 50 acres
$4,500 $1,260 $300 $2,250
Large construction activity/land
clearing that is equal to or greater than
50 acres and less than 100 acres
$6,100 $1,708 $450 $3,050
Large construction activity/land
clearing that is equal to or greater than
100 acres not involving construction of
a sole single family detached dwelling
$9,600 $2,688 $700 $4,800
35
Other services Fee
Each reinspection $250
Bond agreement with surety; establish, amend or replace $250
Each request for partial or full release of surety $250
Amendment to approved plan $200 per
plan review
Review of mitigation plan pertaining to a land disturbing activity in a stream buffer $150
Exceptions $240 per
request
Construction record drawing; review $300
1. The fees imposed by this column are the total fees to be paid by the owner to cover the County’s costs to
review a stormwater management and other required plans, VSMP registratio n statement review, if such a
statement is required under sections 17-401(C) and 17-405(A)(1), VSMP permit issuance, general permit
coverage verification, inspections, reporting and compliance associated with a land disturbing activity. Any land
disturbing activity subject to the fees in this section is not subject to the separate fees under section 17 -207. For
any site that has been purchased for development within a previously permitted common plan of development
or sale, the applicant shall be subject to the applicable fees required by this column. The reduced fee if the
construction or land clearing involves construction of a sole single family detached dwelling applies regardless
of whether the activity and the dwelling are within or outside a common plan of development or sale.
2. The amounts in this column are not a separate fee but reflect the portion of the fee required by column 1 that
must be paid by the County to the Virginia Department of Environmental Quality pursuant to Virginia Code §
62.1-44.15:28(A)(5)(a). These amounts are twenty-eight (28) percent of the fee required by column 1.
3. The fees imposed by this column are intended to cover the County’s costs to review a request to modify or
transfer registration statements from the general permit and major modifications to the general permit that result
in changes to stormwater management plans that require additional review by the County. The applicable fee
shall be based on the total disturbed acreage of the site. In addition to the general permit modification fee, any
modification resulting in an increase in total disturbed acreage shall pay the difference in the fee imposed by
column 1 that was initially paid and the permit fee imposed by column 1 that would have applied for the
modified total disturbed acreage. No fee shall be required for a minor modification.
4. The fees imposed by this column are an annual permit maintenance fee, and include fees imposed on expired
permits that have been administratively continued. The fee, which shall be prorated in the first year, shall be
paid at the time provided in section 17-209(B). With respect to the general permit, these fees shall apply until
the general permit coverage is terminated.
(§ 19.3-34, 2-11-98; § 19.1-8, 9-29-77, art. II, § 3, 7-11-90; Code 1988, §§ 19.1-8, 19.3-34; § 17-310, Ord. 98-
A(1), 8-5-98; Ord. 02-17(1), 7-3-02; Ord. 08-17(3), 8-6-08; Ord. 11-17(1), 10-5-11)
State law reference – Va. Code §§ 62.1-44.15:28, 62.1-44.15:31, 62.1-44.15:34, 62.1-44.15:36; 9VAC25-870-730, 9VAC25-870-
820, 9VAC25-870-825, 9VAC25-870-830.
Sec. 17-209 Fees; payment.
Each owner shall pay the fees imposed by sections 17-207 and 17-208 as follows:
A. Form. Each fee shall be in the form of cash or a check payable to the “County of Albemarle.”
B. When payment to be made. Payments shall be made as follows:
1. VESCP. Each owner seeking approval of an erosion and sediment control plan shall pay all
applicable fees upon submittal of the application.
2. VSMP; permit issuance. Each owner required to pay the permit issuance fee shall pay one-half of
the applicable total fee required by column 1 of the table in section 17-208 upon submittal of the
application, and the remaining one-half shall be paid prior to issuance of coverage under the
general permit.
36
3. VSMP; transfer or modification. Each owner required to pay the transfer or modification fee
required by column 3 of the table in section 17-208 shall pay the fee upon submittal of the
application to transfer or modify.
3. VSMP; annual maintenance fee. Each owner required to pay the general permit coverage
maintenance fee required by column 4 of the table in section 17-208 shall pay the fee annually to
the County until a notice of termination is effective. The maintenance fee shall be due by April 1
of each year. On the first April 1 after the land disturbing activity has begun, this fee shall be
prorated on a monthly basis, and the full fee shall be paid by April 1 of each year thereafter. No
fee shall be refunded for land disturbing activity that is completed in months other than April.
C. Required information to be included with VSMP permit application payments . Each owner shall submit the
following information with the fee payment, or submit a completed Virginia Department of Environmental
Quality permit application fee form:
1. Applicant name, address and daytime phone number.
2. The name of the facility or activity and its location.
3. The type of general permit applied for.
4. Whether the application is for a new general permit issuance, general permit reissuance, general
permit maintenance, or general permit modification.
5. The amount of fee submitted.
6. The existing general permit number, if applicable.
7. Other information as required by the administrator.
D. Use of fees. The County’s portion of the fees imposed under sections 17-207 and 17-208 shall be used
solely to carry out the County’s responsibilities under the Virginia Stormwater Management Act, the
Erosion and Sediment Control Law, the applicable regulations in 9VAC25-830 through 9VAC25-890, this
chapter and any other applicable standards and specifications.
State law reference – Va. Code §§ 62.1-44.15:36, 62.1-44.15:54; 9VAC25-840-30, 9 VAC25-870-700, 9VAC25-870-750, 9VAC25-
870-760, 9VAC25-870-780, 9VAC25-870-820.
Sec. 17-210 Fees; incomplete and late payments
Incomplete and late payments of fees required by sections 17-207 and 17-208 shall be subject to the following:
A. Incomplete payments. The failure of an owner to pay the fee due as required by this chapter f or the
application or service shall be deemed to be a nonpayment of the fee and: (i) the application shall not be
processed; and (ii) no service shall be provided by the County. The administrator shall provide written
notice to the owner of any incomplete payment within ten (10) days after the determination that the
payment is incomplete.
B. Late payments. Any late payment shall be subject to interest at the underpayment rate provided in
Virginia Code § 58.1-15 and shall be calculated on a monthly basis at the applicable periodic rate. A ten
(10) percent late payment fee shall be charged to any account more than ninety (90) days past due.
C. Remedies. The County may pursue any remedies provided by State law to collect any past due amount.
In addition, the County or the administrator may pursue the remedies provided in section 17 -900 et seq.,
including revocation of any approval.
State law reference – 9VAC25-870-770.
Sec. 17-211 Review of administrator’s action by the board of supervisors; judicial revi ew.
37
Any person aggrieved by an action or inaction of the administrator may request that the program authority review
the action or inaction and may thereafter request judicial review of the program authority’s final decision, as
provided herein:
A. Actions that may be reviewed. Any of the following actions by the administrator may be reviewed: (i) the
disapproval of an erosion and sediment control plan or VSMP permit; (ii) the approval of an erosion and
sediment control plan or VSMP permit with conditions the owner objects to; (iii) the disapproval of a
variance or exception; (iv) any determination made under sections 17-300 through 17-306; (v) any
general permit decision made by the administrator; (vi) any enforcement decision made by the
administrator; (vii) the failure of the administrator to act within the time periods required by this chapter;
and (viii) the approval of an erosion and sediment control plan or VSMP permit where the issue is
compliance with 9VAC25-840-40(19).
B. Standing. Any owner who is an applicant, permittee, operator or any other person subject to general
permit requirements under the VSMP who is aggrieved by any action or inaction under subsection (A)(i)
through (vii) has standing to seek review under this section. Any downstream owner who is aggrieved by
an action under subsection (A)(viii) has standing to seek review under this section.
C. Request for hearing and time in which to make request; contents. Any person who has standing under
subsection (B) (hereinafter, the “appellant”) may request in writing that the program authority conduct a
hearing, provided that the request is filed with the clerk of the board of supervisors: (i) within thirty (30)
days after the date of notice of the action, when review is sought under subsect ion (A)(i) through (A)(vi);
(ii) within thirty (30) days after the date by which the administrator was required to act but failed to do so,
when review is sought under subsection (A)(vii); or (iii) within thirty (30) days after the date of the
administrator’s approval of the erosion and sediment control plan or VSMP permit, when review is sought
under subsection (A)(viii). The request shall specify the grounds for the appeal. The thirty (30) day period
within which the hearing shall be held shall not begin unless and until the request specifies the grounds
for the appeal.
D. Conduct of hearing. The hearing shall be conducted as follows:
1. Hearing officer. The hearing before the program authority shall be conducted by the director of
community development, who shall act as the hearing officer for the program authority.
2. When the hearing shall be held. The hearing shall be held within thirty (30) days after receipt of
the petition requesting a hearing. The hearing shall be held on a date and at a time at which both
the appellant and the administrator may be present. At the request of the appellant, the hearing
officer may extend the hearing date beyond the thirty (30) day period. The failure of the hearing
officer to conduct the hearing within the thirty (30) day period or any extension thereof shall not
divest the hearing officer of jurisdiction to consider the appeal.
3. Evidence and law. When reviewing the administrator’s action or inaction, the hearing officer shall
consider relevant and material laws and evidence presented by the owner, the administrator, and
any other person as he deems to be necessary for a complete review of the matter.
4. Record. The record of the hearing shall be composed of relevant files, a recording of the hearing,
and other writings. The recording of the hearing shall be transcribed only if judicial review of the
decision is sought under subsection (F).
E. Decision. The hearing officer shall make a final decision within forty five (45) days after the hearing is
concluded. The hearing officer may affirm, reverse, or modify the action of the administrator, or he may
take any action the administrator failed to take. The decision shall be in writing and state the date of the
decision and the reasons for the decision. Notice of the hearing officer’s decision shall be provided to the
administrator and to the appellant.
F. Judicial review. A final decision by the hearing officer under this section may be subject to judicial review,
provided that an appeal is filed by the person aggrieved in the circuit court within thirty (30) days after the
date of the hearing officer’s written decision. Judicial review shall be conducted as provided in Virginia
Code § 62.1-44.15:46.
(§ 17-210: § 7-7, 6-18-75, § 9, 2-11-87, 3-18-92; § 19.3-18, 2-11-98; Code 1988, §§ 7-7, 19.3-18; §17-210, Ord.
38
98-A(1), 8-5-98) (§ 17-311: 2-11-98; Code 1988, § 19.3-35; § 17-311, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code §§ 62.1-44.26, 62.1-44.15:45, 62.1-44.15:46, 62.1-44.15:62; 9VAC25-870-118.
Article III. Applicability of the VESCP and the VSMP
to a Land Disturbing Activity or a Site Condition
Sec. 17-300 Land disturbing activities and site conditions subject to the VESCP.
The following land disturbing activities and site conditions ar e subject to the VESCP, and the owner shall comply
with all applicable requirements of the VESCP in this chapter and under State law:
A. Land disturbance of 10,000 square feet or more . Any land disturbance of ten thousand (10,000) square
feet or more, including the harvesting of forest crops, unless the activity is exempt under section 17-301.
B. Land disturbance of less than 10,000 square feet; common plan of development or sale. Any land
disturbance of less than ten thousand (10,000) square feet if the disturbance is part of a common plan of
development or sale whose total land disturbance will exceed ten thousand (10,000) square feet, unless
the activity is exempt under section 17-301.
C. Erosion impact area. The administrator determines that a site is an erosion impact area under section 17-
304, regardless of whether the activity resulting in the condition is otherwise exempt under section 17 -
301.
D. Agricultural road included within a plan of development. The administrator determines that any previously
constructed agricultural road, exempt at the time of its construction under section 17 -301, is no longer
exempt because the owner submitted an initial site plan, preliminary plat, any other subdivision plat, or
special use permit for a use or activity not directly related to agriculture, for the site on which the
agricultural road is located, and: (i) the initial site plan, subdivision plat, or special use permit application
was submitted within twenty-four (24) months after construction of the agricu ltural road began; and (ii) the
administrator determines that the dimensions and alignment of the agricultural road substantially
correspond to the dimensions and alignment of a road proposed on the plan, plat, or any document
submitted as part of the special use permit application.
(§ 7-3, 6-18-75, § 5, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 19.3-8, 2-11-98; Code 1988, §§ 7-3, 19.3-8;
§ 17-200, Ord. 98-A(1), 8-5-98; Ord. 08-17(1), 2-6-08)
State law reference – Va. Code § 62.1-44.15:51; 9VAC25-890-40.
Sec. 17-301 Land disturbing activities exempt from the VESCP.
The following land disturbing activities are exempt from the VESCP:
A. Minor residential-related activities. Minor residential-related land disturbing activities such as home
gardens and individual home landscaping, repairs, and maintenance work.
B. Connections. Individual service connections.
C. Public utility lines. Installing, maintaining, or repairing any underground public utility lines when the activity
occurs on an existing hard surfaced road, street, or sidewalk, provided that the land disturbing activity is
confined to the area of the road, street, or sidewalk that is hard surfaced.
D. Conventional onsite sewage systems. Septic tank lines or drainage fields for a conventional onsite
sewage system unless they are included in an overall plan for land disturbing activity related to
constructing the building to be served by the system.
E. Mining, oil and gas operations and projects. Permitted surface or deep mining operations and projects,
and oil and gas operations and projects conducted pursuant to Title 45.1 of the Virginia Code.
F. Agricultural, horticultural, and forestal activities. Tilling, planting, or harvesting of agricultural, horticultural,
or forest crops, livestock feedlot operations, the construction of agricultural roads unless and until a plan
of development is submitted and the road is no longer exempt as provided in section 17 -300(D), or as
39
additionally set forth by the State Water Control Board in regulations; provided that this exemption shall
not apply to the harvesting of forest crops unless the area on which the harvesting occurs is reforested
artificially or naturally in accordance with the provisions of Chapter 11 (Virginia Code § 10.1-1100 et seq.)
of Title 10.1 of the Virginia Code or is converted to bona fide agricultural or improved pasture use as
described in Virginia Code § 10.1-1163(B).
G. Agricultural engineering operations. Agricultural engineering operations including, but not limited to,
constructing terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply
with the provisions of the Dam Safety Act (Virginia Code § 10.1-604 et seq.), ditches, strip cropping, lister
furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation.
H. Railroad improvements. Repairing or rebuilding the tracks, rights-of-way, bridges, communication
facilities, and other related structures and facilities of a railroad company.
I. Posts and poles. Installing fence and sign posts or telephone and electric poles and other kinds of posts
or poles.
J. Emergency work. Emergency work to protect life, limb, or property, and emergency repairs; provided that
if the land disturbing activity would have required an approved erosion and sediment control plan if the
activity was not an emergency, then the land area disturbed shall be shaped and stabilized in accordance
with the requirements of the County.
(§ 7-3, 6-18-75, § 5, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 19.3-8, 2-11-98; Code 1988, §§ 7-3, 19.3-8; § 17-200,
Ord. 98-A(1), 8-5-98; Ord. 08-17(1), 2-6-08)
State law reference – Va. Code § 62.1-44.15:51.
Sec. 17-302 Land disturbing activities subject to the VSMP.
The following land disturbing activities are subject to the VSMP, and the owner shall comply with all applicable
requirements of the VSMP in this chapter and under State law:
A. Land disturbance of 10,000 square feet or more . Any land disturbing activities that disturb ten thousand
(10,000) square feet or more, including the harvesting of forest crops, unless the activity is exempt under
section 17-303.
B. Land disturbance of less than 10,000 square feet; common plan of development or sale. Any land
disturbing activities that disturb less than ten thousand (10,000) square feet if the disturbance is part of a
common plan of development or sale whose total land disturbance will exceed ten thousand (10,000)
square feet, unless the activity is exempt under section 17-303.
(§ 19.1-6, 9-29-77, art. II, § 1, 10-19-77, 9-13-78, 10-22-80, 7-11-90, 8-3-94; § 19.2-5, 6-19-91, § 5; § 19.3-24, 2-
11-98; Code 1988, §§ 19.1-6, 19.2-5, 19.3-24; § 17-300, Ord. 98-A(1), 8-5-98; Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:24, 62.1-44.15:34; 9VAC25-890-40.
Sec. 17-303 Land disturbing activities exempt from the VSMP.
The following land disturbing activities are exempt from the VSMP requirements of this chapter, unless otherwise
required by federal law:
A. Mining, oil and gas operations and projects. Permitted surface or deep mining operations and projects,
and oil and gas operations and projects conducted pursuant to Title 45.1 of the Virginia Code.
B. Agricultural, horticultural, and forestal activities. Clearing of lands specifically for agricultural purposes and
the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock
feedlot operations, or as additionally set forth by the State Water Control 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
40
11 (Virginia Code § 10.1-1100 et seq.) of Title 10.1 of the Virginia Code or is converted to bona fide
agricultural or improved pasture use as described in Virginia Code § 10.1-1163(B).
C. Single-family residences. 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.
D. Land disturbance of less than 10,000 square feet. Land disturbing activities that disturb less than ten
thousand (10,000) square feet of land area except for land disturbing activities that are part of a larger
common plan of development or sale that is ten thousand (10,000) square feet or greater of disturbance
E. Discharges. Discharges to a sanitary sewer or a combined sewer system.
F. Reclamation of abandoned property. Activities under a State or Federal reclamation program to return an
abandoned property to an agricultural or open land use.
G. Project maintenance. 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.
H. Emergencies. 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 a public emergency, the owner shall advise the administrator of the disturbance within
seven (7) days after commencing the land disturbing activity, and compliance with the administrative
requirements of this chapter to obtain approval of a VSMP permit is required within thirty (30) d ays after
commencing the land disturbing activity.
(§ 19.1-6, 9-29-77, art. II, § 1, 10-19-77, 9-13-78, 10-22-80, 7-11-90, 8-3-94; § 19.2-5, 6-19-91, § 5; § 19.3-24, 2-
11-98; Code 1988, §§ 19.1-6, 19.2-5, 19.3-24; § 17-300, Ord. 98-A(1), 8-5-98; Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:24, 62.1-44.15:34.
Sec. 17-304 Determining the status of a land disturbing activity or a site condition.
The administrator shall determine:
A. Whether an activity is subject to this chapter. Whether an activity is a land disturbing activity and, if it is
so, whether it is subject to the VESCP, the VSMP, or both, or whether it is exempt therefrom.
B. Whether an erosion impact area exists. Whether an erosion impact area exists on a site.
C. Whether an agricultural road is part of a plan of development. Whether a road is an agricultural road and
whether it is part of a plan of development under section 17-300(D).
D. Related offsite land disturbing activity. When a land disturbing activity includes activity at a separate
location, including but not limited to borrow and disposal areas, whether: (i) the offsite activity should be
considered as being part of the proposed land disturbing activity; or (ii) to require the power to provide
proof of an approved erosion and sediment control plan if the owner asserts that the offsite activity is
already covered by an approved erosion and sediment control plan, and to require that the owner certify
that the plan will be implemented in accordance with applicable VESCP regulations in this chapter.
E. Adjacent offsite land disturbing activity. When a land disturbing activity or plan requires land disturbing
activity on adjacent or abutting property, whether: (i) the owner of the adjacent or abutting proper ty must
be a signatory on the application; or (ii) to require a recorded easement and agreement for the offsite land
disturbing activity before further land disturbing activity occurs, or in the case of a proposed plan, prior to
further review or approval.
(§ 17-200: § 7-3, 6-18-75, § 5, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 19.3-8, 2-11-98; Code 1988, §§ 7-3, 19.3-8;
§ 17-200, Ord. 98-A(1), 8-5-98; Ord. 08-17(1), 2-6-08) (§ 17-201: 2-11-98; Code 1988, § 19.3-9; § 17-201, Ord.
98-A(1), 8-5-98) (§17-202: § 7-3, 6-18-75, § 5, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 19.3-10, 2-11-98; Code
1988, §§ 7-3, 19.3-10; § 17-202, Ord. 98-A(1), 8-5-98)
41
State law reference – Va. Code §§ 62.1-15.44:27, 62.1-15.44:54, 62.1-15.44:55; 9VAC25-840-80.
Sec. 17-305 Notice of determination regarding status of land disturbing activity or site condition.
The administrator shall provide notice to the owner of any determination under section 17 -304(A) that a proposed
land disturbing activity is subject to this chapter where an owner asserts that the activity is exempt, any
determination under section 17-304(B) that an erosion impact area exists, any determination under section 17-
304(C) that an agricultural road is now subject to the VESCP, as follows:
A. Notice. Upon making a determination, the administrator shall immediately inform the owner of the
determination. The notice may either be informal, by the administrator speaking to the owner by
telephone or in person, or a written notice. The written notice shall: (i) state the basis for the
determination; (ii) instruct the owner to submit an erosion and sediment control plan for review and
approval; and (iii) for determinations pertaining to erosion impact areas or agricultural roads, state the
date by which the plan shall be submitted.
B. When written notice required. If informal notice as provided in subsection (A) is first provided to the owner
and the owner either requests written notice or fails to comply with the informal notice, the administrator
shall then provide written notice to the owner as provided in subsection (A).
(§ 17-201: 2-11-98; Code 1988, § 19.3-9; § 17-201, Ord. 98-A(1), 8-5-98) (§17-202: § 7-3, 6-18-75, § 5, 2-11-76,
4-21-76, 2-11-87, 3-18-92; § 19.3-10, 2-11-98; Code 1988, §§ 7-3, 19.3-10; § 17-202, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code §§ 62.1-15.44:27, 62.1-15.44:54.
Sec. 17-306 Owner’s obligation upon receipt of notice of determination.
Upon receipt of the notice provided by the administrator under section 17-305, the owner shall be obligated to act
as follows:
A. Determination that land disturbing activity is subject to the VESCP or the VSMP, or both . If the
administrator determines that a land disturbing activity is subject to the VESCP, the VSMP, or both, under
section 17-305(A) or (C), the owner shall immediately comply with the applicable requirements of this
chapter and the applicable requirements of this chapter shall be immediately enforced.
B. Determination that an erosion impact area exists. If the administrator determines that an erosion impact
area exists under section 17-305(B), the owner shall: (i) not permit any portion of that land to remain in a
condition so that soil erosion and sedimentation causes reasonably avoidable damage or harm to
adjacent or downstream property, roads, streams, lakes, or ponds; and (ii) immediately comply with the
applicable requirements of the notice and this chapter. If good cause is shown, the administrator may
grant to an owner an extension of time to comply with the requirements of this subsection and this
chapter.
(2-11-98; Code 1988, § 19.3-9; § 17-201, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code §§ 62.1-15.44:27, 62.1-15.44:54, 62.1-15.44:55; 9VAC25-840-80.
Article IV. Procedure for Submitting, Reviewing and Acting on App lications;
Post-Approval Rights and Obligations
Division 1. Application Requirements
Sec. 17-400 Responsibility to prepare, submit and obtain approval of applications; multi -jurisdictional
developments.
The procedures in this article, and all related requirements of this chapter, apply to any land disturbing activity
subject to the VESCP and the VSMP, as well as any land disturbing activity subject to the VESCP but not the
VSMP. Any land disturbing activity subject only to the VESCP shall be subject onl y to the requirements of this
chapter applicable under the VESCP. An application shall be submitted as follows:
42
A. Responsibility of the owner. Each owner is responsible for preparing, submitting, and obtaining approval
of an application prior to engaging in land disturbing activity subject to this chapter. When the land
disturbing activity will be required of a contractor performing construction work pursuant to a construction
contract, the preparation, submission, and obtaining approval of the plan sh all be the responsibility of the
owner.
B. Submittal of application to the administrator. Subject to subsection (C), each application shall be
submitted to the administrator as provided in this chapter.
C. Multi-jurisdictional developments. If a proposed land disturbing activity involves lands under the
jurisdiction of the County’s program and another public entity’s program, in lieu of the owner submitting
separate applications to each program, either:
1. Request that State review plan. The administrator or the other program, or both, may request that
the application be submitted to the Virginia Department of Environmental Quality for review and
action; or
2. Agreement that single program administer the project. The administrator may enter into an
agreement on behalf of the County with the other program regarding the administration of the
project, whereby the program containing the greater portion of the project shall be responsible for
all or part of ensuring that the applicable program requirements are satisfied. The greater portion
of the project shall include all anticipated future phases and development of the project, as
determined by the administrator.
(§ 17-203: § 19.3-11, 2-11-98; § 7-3, 6-18-75, § 5, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 7-4, 6-18-75, § 6, 10-22-
75, 4-21-76, 11-10-76, 3-2-77, 4-17-85, 2-11-87, 12-11-87, 12-11-91, 3-18-92; Code 1988, §§ 7-3, 7-4, 19.3-11; §
17-203, Ord. 98-A(1), 8-5-98; Ord. 01-17(1), 7-11-01; Ord. 09-17(1), 8-5-09, effective 9-5-09) (§ 17-303: § 19.1-6,
9-29-77, art. II, § 1, 10-19-77, 9-13-78, 10-22-80, 7-11-90, 8-3-94; § 19.1-7, 9-29-77, art. II, § 2, 7-11-90; § 19.3-
27, 2-11-98; Code 1988, §§ 19.1-6, 19.2-7, 19.3-27; § 17-303, Ord. 98-A(1), 6-17-98)
State law reference – Va. Code §§ 62.1-44.15:34, 62.1-44.15:55; 9VAC25-890-40.
Sec. 17-401 VSMP permit application; form and content.
Any owner whose proposed land disturbing activity is subject to the VSMP shall submit an application for a VSMP
permit that includes all of the following, in the form required by the administrator:
A. Application form. A completed application on an application form provided by the administrator, signed by
the owner.
B. Fees. All applicable fees required by section 17-207 and the applicable fee form.
C. Registration statement. A complete and accurate registration statement, if such a statement is required,
from the operator on the official form provided by the Virginia Department of Environmental Quality in
order to apply for general permit coverage. The registration statement shall be signed by the owner in
accordance with 9VAC25-870-370 and 9VAC25-880-70. A registration statement is not required for
construction of a detached single-family dwelling within or outside of a common plan of development or
sale, provided that the project complies with the requirements of the general permit.
D. Erosion and sediment control plan. An erosion and sediment control plan satisfying the requirements of
sections 17-402.
E. Stormwater management plan. A stormwater management plan satisfying the requirements of sections
17-403 or an executed agreement in lieu of a stormwater management plan.
F. Pollution prevention plan. A pollution prevention plan satisfying the requirements of section 17-404.
G. Stormwater pollution prevention plan. A stormwater pollution prevention plan satisfying the requirements
of section 17-405.
H. Mitigation plan. A mitigation plan satisfying the requirements of section 17-406 if land disturbing activity is
proposed within a stream buffer under section 17-604.
43
I. Requested variations or exceptions. A request for any variation or exception as provided in sections 17-
407 and 17-408.
J. Construction record drawings. Construction record drawings if existing stormwater management facilities
are used, satisfying the requirements of section 17-422.
State law reference – Va. Code § 62.1-44.15:34; 9VAC25-870-59, 9VAC25-870-370, 9VAC25-880-70.
Sec. 17-402 Erosion and sediment control plans, and agreements in lieu of a plan; form and content.
Any owner whose proposed land disturbing activity is subject to the VSMP, or is subject solely to the VESCP,
shall submit an erosion and sediment control plan for review that includes the following, in the form required by
the administrator:
A. Application form. A completed application on an application form provided by the administrator, if the land
disturbing activity is subject only to the VESCP and a VSMP permit is not required.
B. Fee. The fee required by section 17-207, if the land disturbing activity is subject only to the VESCP, and a
VSMP permit is not required.
C. Elements of plan. Except as provided in subsection (D), an erosion and sediment control plan that
contains all of the following elements:
1. Temporary and permanent controls. The specifications for temporary and permanent controls of
soil erosion and sedimentation in such detail as the administrator deems to be reasonably
adequate, considering the nature and extent of the proposed land disturbing activity,
implementing appropriate erosion and sediment control best management practices and
satisfying the requirements of 9VAC25-880-70, Part II(A)(2). All control measures required by the
plan shall be designed and installed in accordance with good engineering practices.
2. Maintenance responsibilities. A statement describing the maintenance responsibilities of the
owner to ensure that the land disturbing activity will satisfy the purposes and requirements of this
chapter.
3. Technical criteria. The technical criteria required by section 17-500.
4. Identification of land disturber. Identify the person holding a certificate of competence required by
Virginia Code § 62.1-44.15:54, who shall be in charge of and responsible for carrying out the land
disturbing activity.
5. Additional information. Additional information required by the administrator as determined to be
necessary for a complete review of the plan.
6. Certification. A certification on a form provided by the administrator and signed by the owner
stating that all requirements of the approved plan will be com plied with.
D. Agreement in lieu of a plan. Notwithstanding subsection (C), if the land disturbing activity is for the
purpose of establishing or modifying a single family dwelling unit, the administrator may allow an
agreement in lieu of a plan for the land disturbing activity required for constructing the dwelling; provided:
1. Eligibility. The single family dwelling unit is on an individual lot of one (1) acre or less which is not
subject to an active erosion and sediment control plan or is not part of a common plan of
development or sale.
2. Other factors to be considered by administrator. In determining whether to allow an agreement in
lieu of a plan under this section, the administrator shall consider the potential threat to water
quality and to adjacent land resulting from the land disturbing activity, and whether the land
disturbing activity is within the mountain overlay district identified in the Comprehensive Plan.
3. Contents and form of the agreement in lieu of a plan. The contents of any agreement in lieu of a
44
plan shall be established by the administrator, and they shall: (i) be sufficient to ensure that the
purposes and requirements of the VESCP, including the requirements of 9VAC25-880-70, Part
II(A)(2) are satisfied; and (ii) identify the person in charge of and responsible for carrying out the
land disturbing activity and holding a valid certificate of competence for that task. The form of the
agreement shall be subject to review and approval by the County attorney.
4. Effect of agreement in administration of the VESCP. Except as provided in subsection (C) and
section 17-500 pertaining to the content and technical criteria applicable to erosion and sediment
control plans, all other references in this chapter to an erosion and sedime nt control plan shall
include an agreement in lieu of a plan, and the County and the owner shall have all of the rights,
responsibilities and remedies set forth in this chapter as though the agreement in lieu of a plan
was an erosion and sediment control plan.
(§ 17-203: § 19.3-11, 2-11-98; § 7-3, 6-18-75, § 5, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 7-4, 6-18-75, § 6, 10-22-
75, 4-21-76, 11-10-76, 3-2-77, 4-17-85, 2-11-87, 12-11-87, 12-11-91, 3-18-92; Code 1988, §§ 7-3, 7-4, 19.3-11; §
17-203, Ord. 98-A(1), 8-5-98; Ord. 01-17(1), 7-11-01; Ord. 09-17(1), 8-5-09, effective 9-5-09) (§ 17-205: § 7-4, 6-
18-75, § 6, 10-22-75, 4-21-76, 11-10-76, 3-2-77, 4-17-85, 2-11-87, 12-11-91, 3-18-92; § 19.3-13, 2-11-98; Code
1988, §§ 7-4, 19.3-13; § 17-205, Ord. 98-A(1), 8-5-98; Ord. 01-17(1), 7-11-01)
State law reference – Va. Code § 62.1-44.15:55; 9VAC25-840-60, 9VAC25-870-400, 9VAC25-880-70, 9VAC25-890-40.
Sec. 17-403 Stormwater management plans; form and content.
Any owner whose proposed land disturbing activity is subject to the VSMP shall submit a stormwater
management plan for review that includes the following, in the form required by the administrator:
A. Elements of plan. Except as provided in subsection (B), a stormwater management plan for the entire
land disturbing activity, where applicable, which shall be considered to be a single land disturbing activity
even when there are individual parcels in a new residential, commercial, or industrial development. The
plan shall contain all of the following elements:
1. Stormwater discharges and features. The plan shall consider all sources of surface runoff and all
sources of subsurface and groundwater flows converted to surface runoff, and shall include
information on the type of and location of stormwater discharges, information on the features to
which stormwater is being discharged including surface waters, and predevelopment and
postdevelopment drainage areas.
2. Contact information. Contact information including the name, address, telephone number, and
email address of the owner and the tax reference number and parcel number of the property or
properties affected.
3. Details pertaining to, or narrative of, current and final site conditions . Either sufficient plan
information provided and documented during the review process that addresses the current and
final site conditions, or a narrative that includes a description of current site conditions and final
site conditions or
4. Description of proposed stormwater management facilities . A detailed plan of the proposed
stormwater management facilities, including all best management practices, that will satisfy the
requirements of this chapter and a description of all facilities and best management practices that
will prevent or minimize water quality impacts for any new development or redevelopment project
that will result in land disturbing activity of ten thousand (10,000) square feet or more.
5. Description of long-term operation and maintenance. A description of the mechanism through
which the facilities, including all best management practices, will be operated and maintained
after construction is complete, provided that this description is satisfied if the stormwater
management facility will be subject to the agreement required by section 17-415.
6. Information about proposed stormwater management facilities. The following information about
the proposed stormwater management facilities, including: (i) the type of facilities; (ii) the location,
including geographic coordinates; (iii) acres treated; (iv) the surf ace waters into which the facility
45
will discharge; and (v) any other information required by the administrator in order to comply with
any requirements of the County’s MS4 permit.
7. Documentation demonstrating compliance. Documentation and calculations, including all
hydrologic and hydraulic computations and runoff characteristics, verifying compliance with the
water quality and quantity requirements of the technical criteria in section 17-501.
8. Maps. One or more maps of the site depicting the topography of the site and: (i) all contributing
drainage areas; (ii) existing streams, ponds, culverts, ditches, wetlands, other water bodies, and
floodplains; (iii) soil types, geologic formations if karst features are present in the area, forest
cover, and other vegetative areas; (iv) current land use including existing structures, roads, and
locations of known utilities and easements; (v) sufficient information on adjoining parcels to
assess the impacts of stormwater from the site on these parcels; (vi) the lim its of clearing and
grading, and the proposed drainage patterns on the site; (vii) proposed buildings, roads, parking
areas, utilities, and stormwater management facilities; (viii) proposed land uses, 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; and (ix) other site information deemed necessary by
the administrator.
9. Offsite compliance options. If an owner intends to meet the requirements established in section
17-502, which implements 9VAC25-870-63 and 9VAC25-870-66, through the use of off-site
compliance options, where applicable, a letter of availability from the off -site provider.
10. Additional information. Additional information deemed necessary by the administrator for a
complete review of the plan.
B. Agreement in lieu of a stormwater management plan. Notwithstanding subsection (A), if the land
disturbing activity is for the purpose of establishing a single family dwelling unit, the administrator may
allow an agreement in lieu of a stormwater management plan for the land disturbing activity required for
constructing the dwelling.
C. Seals and signatures. Any elements of the stormwater management plan that include activities regulated
under Virginia Code § 54.1-400 et seq. shall be appropriately sealed and signed by a professional
registered in the State pursuant to Virginia Code § 54.1-400 et seq. Any stormwater management plan
requiring an appropriate seal and signature shall be deemed to be incomplete under section 17-409 if it is
not sealed and signed as required by this section.
(§ 19.1-6, 9-29-77, art. II, § 1, 10-19-77, 9-13-78, 10-22-80, 7-11-90, 8-3-94; § 19.1-7, 9-29-77, art. II, § 2, 7-11-
90; § 19.3-27, 2-11-98; Code 1988, §§ 19.1-6, 19.2-7, 19.3-27; § 17-303, Ord. 98-A(1), 6-17-98)
State law reference – Va. Code § 62.1-44.15:34; 9VAC25-870-55, 9VAC25-870-108, 9VAC25-870-400, 9VAC25-890-40.
Sec. 17-404 Pollution prevention plans; form and content.
Any owner whose proposed land disturbing activity is subject to the VSMP shall submit a pollution prevention plan
for review that includes the following, in the form required by the administrator:
A. Elements of plan. A pollution prevention plan containing all of the following elements:
1. Sources of pollutants. Identify potential pollutant generating activities and the pollutant that is
expected to be exposed to stormwater.
2. Location of pollutant generating activities. Describe the location where the potential pollutant
generating activities will occur, or if identified on a site plan, refer to the site plan.
3. Non-stormwater discharges. Identify all non-stormwater discharges as provided in 9VAC25-880-
70, Part I(E), that are or will be commingled with stormwater discharges from the construction
activity, including any support activity.
4. Person responsible. Identify the person responsible for implementing the pollution prevention
practices for each pollutant generating activity, if different from the person listed as the qualified
personnel in the stormwater pollution prevention plan.
46
5. Practices and procedures. Describe the pollution prevention practices and procedures that will be
implemented to respond to the categories of leaks, spills and discharges in 9VAC25 -880-70, Part
II(A)(4)(e).
6. Pollution prevention awareness. Describe the procedures for providing pollution prevention
awareness of all applicable wastes, including any wash water, disposal practices and applicable
disposal locations of these wastes to personnel in order to comply with the State.
B. Details of measures to minimize the discharge of pollutants. The pollution prevention plan shall detail the
design, installation, implementation, and maintenance of effective pollution prevention measures in
accordance with 40 CFR 450.21(d) to minimize the discharge of pollutants. The following are the
minimum requirements for minimizing the discharge of pollutants:
1. Minimum control measures. At a minimum, the control measures shall be designed, installed,
implemented, and maintained to address the following:
a. Wash waters. Minimize the discharge of pollutants from equipment and vehicle washing,
wheel wash water, and other wash waters. Wash waters must be treated in a sediment
basin or alternative control that provides equivalent or better treatment prior to discharge.
b. Minimization of exposure to precipitation and stormwater. Minimize the exposure of
building materials, building products, construction wastes, trash, landscape materials,
fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present
on the site to precipitation and to stormwater.
c. Minimize discharges from spills and leaks. Minimize the discharge of pollutants from
spills and leaks and implement chemical spill and leak prevention and response
procedures.
2. Best management practices. The pollution prevention plan shall provide effective best
management practices to prohibit the following discharges in accordance with 40 CFR 450.21(e):
a. Washout of concrete. Wastewater from the washout of concrete.
b. Washout of stucco and other materials. Wastewater from washout and cleanout of
stucco, paint, form release oils, curing compounds, and other construction materials.
c. Vehicle and equipment maintenance and operation. Fuels, oils, or other pollutants used
in vehicle and equipment operation and maintenance.
d. Vehicle and equipment washing. Soaps, solvents or detergents used in vehicle and
equipment washing.
3. Discharges from dewatering activities prohibited. Discharges from dewatering activities, including
discharges from dewatering trenches and excavations, are prohibited unless managed by
appropriate controls in accordance with 40 CFR 450.21(c).
4. Control of waste. The pollution prevention plan shall include measures for controlling waste such
as discarded building materials, chemicals, litter, and sanitary waste at the construction site that
may cause adverse impacts to water quality.
State law reference – 9VAC25-870-54, 9VAC25-870-56, 9VAC25-870-400, 9VAC25-880-70, 9VAC25-890-40.
Sec. 17-405 Stormwater pollution prevention plan; form and content.
Any owner whose proposed land disturbing activity is subject to the VSMP shall submit a stormwater pollution
prevention plan for review that includes the following, in the form required by the administrator:
A. Elements of plan. A stormwater pollution prevention plan containing all of the following elements:
47
1. Registration statement. A signed copy of the registration statement, if such a statement is
required, for coverage under the general permit. A registration statement is not required for
construction of a detached single-family dwelling within or outside of a common plan of
development or sale, provided that the project complies with the requirements of the general
permit.
2. Notice of general permit coverage. Upon receipt, a copy of the notice of coverage under the
general permit.
3. General permit. A copy of the general permit.
4. Nature of activity. A narrative description of the nature of the construction activity, including the
function of the project (e.g., low density residential, shopping mall, highway).
5. Plan of the site. A plan of the site, satisfying the form and style for such a plan as provided in the
Design Standards Manual, identif ying:
a. Direction of stormwater flow. Directions of stormwater flow and approximate slopes
anticipated after major grading activities.
b. Limits of land disturbance. Limits of land disturbance including steep slopes and natural
buffers around surface waters that will not be disturbed.
c. Major structural and nonstructural control measures. Locations of major structural and
nonstructural control measures including sediment basins and traps, perimeter dikes,
sediment barriers, and other measures intended to filter, settle, or similarly treat sediment
that will be installed between disturbed areas and the undisturbed vegetated areas, in
order to increase sediment removal and maximize stormwater infiltration;
d. Surface waters. Locations of surface waters.
e. Concentrated stormwater. Locations where concentrated stormwater is discharged.
f. Support activities. Locations of support activities, when applicable and when required by
the administrator, including but not limited to: (i) areas where equipment and vehicle
washing, wheel wash water, and other wash water is to occur; (ii) storage areas for
chemicals such as acids, fuels, fertilizers and other lawn care chemicals; (iii) concrete
wash out areas; (iv) vehicle fueling and maintenance areas; (v) sanitary waste facilities,
including those temporarily placed on the construction site; and (vi) construction waste
storage.
6. Requirements of 40 CFR 450.21. The plan must address the following requirements as specified
in 40 CFR 450.21, to the extent not otherwise addressed in the erosion and sediment control plan
submitted for the site:
a. Runoff volume and velocity. Control runoff volume and velocity within the site to minimize
soil erosion.
b. Stormwater discharges. 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 soil exposure. Minimize the amount of soil exposed during construction activity.
d. Minimize disturbance of steep slopes. Minimize the disturbance of slopes of twenty-five
(25) percent or greater.
e. Minimize sediment discharges. Minimize sediment discharges from the site by designing,
installing and maintaining erosion and sediment controls that address factors such as the
amount, frequency, intensity and duration of precipitation, the nature of resulting runoff,
48
and soil characteristics, including the range of soil particle sizes expected to be present
on the site.
f. Buffers. Provide and maintain natural buffers around surface waters, direct stormwater to
vegetated areas to increase sediment removal and maximize stormwater infiltration,
unless infeasible.
g. Soil compaction. Minimize soil compaction and, unless infeasible, preserve topsoil.
h. Stabilize disturbed areas. 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 o n
any portion of the site and will not resume for a period exceeding fourteen (14) calendar
days. Stabilization must be completed within the period of time determined by the
administrator. 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 administrator.
i. Outlet structures. Use outlet structures that withdraw water from the surface, unless
infeasible, when discharging from basins and impoundments.
7. Discharges to impaired waters, surface waters within an applicable TMDL wasteload allocation,
and exceptional waters. Discharges to impaired waters, surface waters within an applicable
TMDL wasteload allocation established and approved prior to July 1, 2014, and exceptional
waters shall include the information required by 9VAC25-880-70, Part II(A)(5).
B. Qualified personnel. The name, telephone number, and qualifications of the qualified personnel
conducting inspections.
C. Delegation of authority. The persons or positions with authority to sign inspection reports or to modify the
stormwater pollution prevention plan.
D. Additional elements of an approved plan. In addition to the elements in subsection (A), an approved
stormwater pollution prevention plan is composed of, once they are approved, the approved erosion and
sediment control plan, including the elements of that plan addressing the requirements of 9VAC25-870-
54(F), the approved stormwater management plan, and the pollution prevention plan for the land
disturbing activity to which the stormwater pollution prevention plan applies.
E. Signature. The plan shall be signed by a person authorized under 9VAC25-880-70, Part III(K).
State law reference – 9VAC25-870-54, 9VAC25-880-70, 9VAC25-890-40.
Sec. 17-406 Mitigation plan if development allowed in stream buffer; form and content.
Each owner who seeks to develop in a stream buffer pursuant to section 17-604 shall submit a mitigation plan
that includes the following in the form required by the administrator:
A. Elements of plan. Except as provided in subsection (B), each mitigation plan shall contain all of the
following:
1. Identify impacts and specify mitigation measures. Identify the impacts of the proposed
development on water quality and lands within the stream buffer, and specify the mitigation
measures that will address water quality and stream buffer impacts.
2. Disturbance to land and vegetation minimized. Ensure that, where development takes place
within a stream buffer: (i) the proposed development, including the alignment and design of any
stream crossing, shall be located on those portions of a site and in a manner that will be least
disruptive to the natural functions of the stream buffer; (ii) no more land shall be disturbed than is
necessary to allow a development that is permitted in the underlying zoning district under the
applicable regulations of the Zoning Ordinance; and (iii) native vegetation shall be preserved to
the fullest extent possible, consistent with the proposed development.
49
3. Multiple stream crossings; demonstrate environmental advantage over single stream crossing. If
an owner seeks to establish more than one stream crossing as provided in section 17 -604(C)(7),
demonstrate that the environmental impacts from the entire road, street or driveway necessitated
by a single stream crossing would be greater than the environmental impacts caused by an
additional crossing and its associated road, street or driveway. For the purp oses of this
subsection, the environmental impacts considered by the administrator include, but are not limited
to, impacts to soil, soil erosion, stormwater quantity, water quality, loss of vegetated stream
buffer, impacts to stream beds and stream banks, the creation of impervious surfaces, and the
disturbance of slopes of twenty-five (25) percent or greater.
4. Additional information. Additional information deemed necessary by the administrator for a
complete review of the plan.
B. Building permit in lieu of satisfying requirements of subsection (A). For any mitigation plan pertaining to
the development of one single-family detached dwelling, the administrator may, in his discretion, accept
the building permit for the dwelling in lieu of satisfying the requirements of subsection (A).
(§ 19.3-46, 2-11-98; § 19.2-8, 6-19-91, § 8; § 19.1-13, 6-19-91, § 13; Code 1988, §§ 19.1-13, 19.2-8, 19.3-46; §
17-322, Ord. 98-A(1), 8-5-98; Ord. 08-17(2), 5-7-08; Ord. 11-17(1), 10-5-11)
State law reference – Va. Code § 62.1-44.15:73; 9VAC25-890-40.
Sec. 17-407 Variances from requirements of the VESCP.
The administrator may waive or modify any applicable requirements of the VESCP that he deems to be
inappropriate or too restrictive for the site conditions, by granting a variance in conjunction with his review of the
erosion and sediment control plan, subject to the following:
A. When variance may be requested. An owner may request that a variance be granted at the time the plan
is submitted or while it is under review by the administrator.
B. Reason for variance. The owner shall explain in writing the reasons for requesting any variance.
C. Factors to be considered. The administrator shall consider the reasons given by the owner for requesting
the variance, the purposes of this chapter, and the competing need of the owner to maximize cost
effectiveness and the need to protect offsite properties and resources from damage.
D. Variance incorporated into approved plan. Any approved variance shall become part of, and be
documented in, the approved plan.
State law reference – 9VAC25-840-50.
Sec. 17-408 Exceptions from the requirements of the VSMP.
The administrator may grant exceptions from the requirements of the VSMP as follows:
A. When exception may be requested. At the time the VSMP permit application is submitted and while it is
under review, an owner may request an exception from any technical criteria in 9VAC25-870-62 through
9VAC25-870-92 or in 9VAC25-870-93 through 9VAC25-870-99.
B. Factors to be considered. The administrator may grant an exception if: (i) the exception is the minimum
necessary to afford relief; (ii) reasonable and appropriate conditions are imposed as necessary to ensure
that the intent of the Virginia Stormwater Management Act and this chapter are preserved; (iii) granting
the exception will not confer any special privileges that are denied in other similar circumstances; and (iv)
the exception request is not based upon conditions or circumstances that are self -imposed or self-
created. Economic hardship alone is not a sufficient reason to grant an exception.
C. Certain exceptions expressly prohibited. The following exceptions are expressly prohibited:
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1. Requirement for general permit. Any exception to the requirement that the land-disturbing activity
obtain any required general permits
2. Using unapproved BMP. Any exception to allow using a best management practice that is not
found on the Virginia Stormwater BMP Clearinghouse Website
(http://vwrrc.vt.edu/swc/PostConstructionBMPs.html), except where allowed under 9VAC25-870-
93 et seq., or is not found in the Design Standards Manual
3. Phosphorous reductions. Any exception to allow phosphorous reductions, unless offsite options
available through 9VAC25-870-69 have been considered and found not available.
4. Postdevelopment nonpoint nutrient runoff compliance. Any exception from postdevelopment
nonpoint nutrient runoff compliance requirements, unless offsite options have been considered
and found not available.
(2-11-98; Code 1988, § 19.3-32; § 17-308, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code § 62.1-44.15:35; 9VAC25-870-57, 9VAC25-870-122.
Division 2. Submittal, Review and Action
Sec. 17-409 Submittal of application; determination of completeness.
The administrator shall determine whether a submitted application is complete as follows:
A. Date of official submittal. An application shall be deemed to be officially submitted on the date of the next
application deadline established by the administrator after the applic ation has been submitted and the
administrator has determined that the application is complete.
B. Timing of review to determine completeness. The administrator’s review to determine whether an
application is complete shall be made within ten (10) days after he receives the application.
C. Effect of failure to make timely determination of completeness . If a determination of completeness is not
made and timely communicated to the applicant, the permit application shall be deemed to be complete
on the date the application was submitted.
D. Determination that application is incomplete; notice. An application omitting any information required by
sections 17-401 through 17-408 shall be deemed to be incomplete and shall not be accepted for official
submittal by the administrator. The administrator shall inform the owner in writing of the reasons the plan
is incomplete, with citation to the applicable section of this chapter or other law, and what corrections or
modifications must be made for the application to be complete. The administrator shall inform the owner
or his or her agent of the determination by written notice.
E. Resubmittal. Within fifteen (15) days after the date the written notice under subsection (D) was mailed or
delivered by the administrator, the owner may resubmit the application. If the owner fails to resubmit the
application within the fifteen (15) day period, the application shall be deemed to be disapproved and a
new application and fee shall be required to resubmit.
State law reference – Va. Code § 62.1-44.15:55; 9VAC25-870-108.
Sec. 17-410 Review and action on application.
The administrator shall review and act on an application as follows:
A. Review. The administrator shall ensure that the plan is reviewed by a certified plan reviewer (but referred
to herein as the “administrator”) who shall review the plan for compliance with the technical requirements
for an application in sections 17-400 through 17-408 and other applicable laws. This review shall be
completed within forty-five (45) days after the application was deemed to be complete under section 17-
409.
B. Identification of required changes. Upon completion of review, the administrator shall identify all
applicable requirements of this chapter that must be addressed in order f or the application to be
51
approved.
C. Revisions required. The owner shall revise the application to address all of the required changes before
the application may be approved.
D. Time for action. The administrator shall act on the application within sixty (60) days after the date the
application was deemed to be complete, provided:
1. Time for action if changes required; notice of required changes . If the administrator requires or
recommends changes to the application, he shall issue within forty-five (45) days after the
application was deemed to be complete a written notice to the owner identifying the required
changes that must be made and the recommended changes that may, in the owner’s discretion,
be made.
2. Suspension of running of time for action. The running of the time by which the administrator must
act on an application shall be suspended: (i) from the date the appeal of the disapproval of a
variance or exception is submitted until the date the board of supervisors acts on the appeal
under section 17-211; (ii) from the date of the written notice to the owner until the date the revised
application addressing the required changes is submitted; (iii) from the date of the owner’s
request for a deferral of review under section 17-411(A); (iv) during any extension granted under
section 17-411(C); and (v) for any multi-jurisdictional land disturbing activity, from the date either
Virginia Department of Environmental Quality review was requested or a multi-jurisdictional
agreement was identified as necessary until the date the Virginia Department of Environmental
Quality informs the administrator in writing that it will accept review or the date of the multi -
jurisdictional agreement.
E. Action to approve and notice of approval. If the administrator determines that the application complies
with all applicable requirements, he shall approve the application and promptly either indicate by stamp or
signature on every plan that it is approved or issue a written notice to the owner informing him of the
approval.
F. Action to disapprove and notice of disapproval. If the administrator determines that the application does
not satisfy all applicable requirements, he shall disapprove the application and promptly issue a written
notice to the owner stating the reasons for disapproval by identifying the application’s deficiencies and
citing the applicable sections of this chapter or other applicable laws, and what modifications, terms and
conditions will permit approval of the application.
G. Failure to timely act. If the administrator fails to act on an application within the time specified in
subsection (D), the application shall be deemed approved, subject to compliance with the requirements of
sections 17-414 through 17-422.
(§ 17-204: § 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-12, 2-11-98;
Code 1988, §§ 7-5, 19.3-12; § 17-204, Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08; Ord. 09-17(1), 8-5-09,
effective 9-5-09) (§ 17-304: § 19.1-7, 9-29-77, art. II, § 2, 7-11-90; § 19.1-8, 9-29-77, art. II, § 3, 7-11-90; § 19.3-
28, 2-11-98; Code 1988, §§ 19.1-7, 19.1-8, 19.3-28; § 17-304, Ord. 98-A(1), 8-5-98; Ord. 09-17(1), 8-5-09,
effective 9-5-09; Ord. 11-17(1), 10-5-11)
State law reference – Va. Code §§ 62.1-44.15:34, 62.1-44.15:53, 62.1-44.15:55; 9VAC25-870-108.
Sec. 17-411 Deferral of review of application; when application deemed withdrawn.
The administrator’s review and action on an application may be deferred, and the application may be deemed
withdrawn, as follows:
A. Request to defer by owner. An owner may request that review or action on the application be deferred for
a specified period up to six (6) months. If during the deferral period the owner does not request the
administrator to take action on the application as provided in section 17-408 within six (6) months after
the date the deferral was requested, the application shall be deemed to have been voluntarily withdrawn.
52
B. Failure to submit revised application. If an owner fails to submit a revised application to address all of the
requirements within six (6) months after the date of the written notice as provided in section 17-410(D)(1),
the application shall be deemed to have been voluntarily withdrawn by the owner.
C. Extension of deferral period or period to submit revised plan. Before the deferral period in subsection (A)
expires, the owner may request that the administrator extend the period before the application is deemed
to have been voluntarily withdrawn. The request must be received by the adminis trator before the deferral
period expires. The administrator may grant one extension for a period not to exceed three (3) months,
taking into consideration the size or nature of the proposed development, the complexity of the review,
and the laws in effect at the time the extension request is made.
State law reference – Va. Code §§ 62.1-44.15:34, 62.1-44.15:54.
Sec. 17-412 Coordination of review of erosion and sediment control plans with the review of subdivision
plats and site plans.
The review and action on any application shall be coordinated with the review of a subdivision plat or site plan, to
the extent authorized by law.
A. Site plans. An application may be approved for early (or mass) grading upon approval of an initial site
plan under section18-32.4.2.8, provided that the developer has satisfied any conditions of approval
identified by the agent in the letter required by section 18-32.4.2.5(c). An application for land disturbing
activity within a planned development district may be approved prior to approval of an initial site plan as
provided in section 18-8.5.5.4(b). However, no grading permit, building or other permit shall be issued
and no land disturbing activity may begin until the developer satisfies the requirements of sections 17 -414
through 17-417; provided that land disturbing activity may occur prior to approval of a stormwater
management plan if the activity was previously covered under the general permit issued July 1, 2009.
B. Subdivision plats. An application may be approved for early (or mass) grading upon approval of a
preliminary plat for a subdivision within a planned development district under Albemarle County Code §
14-225, provided that the subdivider has satisfied any conditions of approval identified by the agent in the
letter required by section 14-222(C), and further provided that an application for land disturbing activity
within a planned development district may be approved prior to approval of a preliminary plat as provided
in section 18-8.5.5.4(b). However, no grading, building or other permit shall be issued and no land
disturbing activity may begin until the subdivider satisfies the requirements of sections 17-414 through 17-
417; provided that land disturbing activity may occur prior to approval of a stormwater management plan if
the activity was previously covered under the general permit issued July 1, 2009.
C. Other circumstances. The administrator may approve an erosion and sediment control plan prior to
approval of an initial site plan or a preliminary plat in the following circumstances:
1. Correct existing condition. To correct erosion or excessive sedimentation which is occasioned by
any violation of this chapter or by accident, act of God or other cause beyond the control of the
owner; provided that the activity proposed shall be strictly limited to correcting the condition.
2. Install underground utility improvements. To install underground public utility mains, interceptors,
transmission lines and trunk lines for which plans have been previousl y approved by the
operating utility and approved by the County as being substantially in accord with the
comprehensive plan, if necessary.
3. Borrow, fill or waste areas. To establish borrow, fill or waste areas in accordance with sections
18-5.1.28 and 18-10.2.1.18.
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:55; 9VAC25-870-54, 9VAC25-890-40.
Sec. 17-413 Appeal of decision of the administrator.
Any decision of the administrator under section 17-411 may be appealed by the owner as provided in section 17-
211.
(§ 17-210: § 7-7, 6-18-75, § 9, 2-11-87, 3-18-92; § 19.3-18, 2-11-98; Code 1988, §§ 7-7, 19.3-18; §17-210, Ord.
98-A(1), 8-5-98) (§ 17-311: 2-11-98; Code 1988, § 19.3-35; § 17-311, Ord. 98-A(1), 8-5-98)
53
State law reference – Va. Code §§ 62.1-44.15:26, 62.1-44.15:44, 62.1-44.15:45, 62.1-44.15:46, 62.1-44.15:62; 9VAC25-870-118.
Division 3. Required Agreements as Prerequisites to Approval: Surety and Maintenance
Sec. 17-414 Agreement with surety.
Any agreement with surety required by this chapter shall be provided by the owner as a prerequisite to approval
of the application, as follows:
A. Purpose for agreement. The owner shall enter into an agreement with the County to take all appropriate
measures required by the approved plan or a condition of the VSMP permit (collectively, the
“conservation actions”).
B. Form of the agreement. The agreement accompanying the surety shall be on a form prepared by the
County attorney and any proposed amendment to the agreement shall be subject to review and approval
by the County attorney.
C. Purpose for surety; type of surety permitted amount. The owner shall provide a surety to guarantee that
the conservation actions will be taken and satisfied. The applicant shall furnish to the administrator a cash
escrow, certified check, official check, bond with surety, letter of credit, or collaterally assign funds in a
manner satisfactory to the County attorney (collectively, the “surety instrument”), in an amount sufficient
for and conditioned upon the satisfactory performance of all conservation actions. Any proposed surety
instrument shall be subject to being acceptable to the administrator, shall be in a form and have the
substance approved by the County attorney, and shall be subject to review and approval by the County
attorney.
D. Estimate. The owner shall submit a request for an estimate of the surety amount to the administrator. The
administrator shall prepare an estimate of the total estimated cost to initiate and maintain appropriate all
conservation actions based on the unit price for new public or private sector construction in the County
and a reasonable allowance for estimated administrative costs and inflation, which shall not exceed
twenty-five (25) percent of the estimated cost of the conservation actions.
E. Use of surety. The County may make use of monies guaranteed by the surety instrument if either: (i) the
owner fails to timely renew the bond with surety, letter of credit, or the collaterally assigned funds; or (ii)
the administrator, in his discretion, determines that the owner, after written notice, failed within the time
specified in the notice to initiate, maintain or complete appropriate conservation actions required by the
approved plan or by a condition of the permit.
F. Right to collect shortfall. If the County takes a conservation action because the owner failed to do so, the
County may collect from the owner the difference if the amount of the reasonable cost of the conservation
action exceeds the amount of the security held.
G. Release of surety. The surety shall be released as provided in section 17-423.
(§ 17-207: § 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-15, 2-11-98;
Code 1988, §§ 7-5, 19.3-15; § 17-207, Ord. 98-A(1), 8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09) (§ 17-306: §
19.1-7, 9-29-77, art. II, § 2, 7-11-90; § 19.3-30, 2-11-98; Code 1988, §§ 19.1-7, 19.3-30; § 17-306, Ord. 98-A(1),
8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09)
State law reference – Va. Code §§ 62.1-44.15:34, 62.1-44.15:57; 9VAC25-870-104.
Sec. 17-415 Stormwater management maintenance agreement.
The long-term maintenance of permanent stormwater facilities and other techniques shall be subject to the
following:
A. Responsibility. The owner shall enter into an agreement with the County providing for the owner’s
obligation to maintain, repair, replace, reconstruct any permanent stormwater facilities and other
techniques required in conjunction with the approval of the stormwater management plan, including as it
may be amended, or modified as provided in this chapter. The agreement shall be subject to acceptance
by the administrator.
54
B. Form and substance of the agreement. The agreement shall be in a form and have the substance
approved by the County attorney, and shall be subject to review and approval by the County attorney. At
a minimum, the agreement shall: (i) be submitted to the administrator for review and approval prior to
approval of the stormwater management plan; (ii) be stated to run with the land; (iii) provide for all
necessary access by the administrator to the property to inspect the facility or technique and to maintain
the facility in the event the owner fails to do so; (iv) provide for periodic inspections and maintenance by
the owner according to the schedule included in the agreement, and the owner’s obligation to submit
periodic inspection and maintenance reports to the administrator; provided that nothing herein shall
preclude the administrator from conducting inspections in li eu of any owner-conducted inspection; and (v)
be enforceable by the County and any other public entity having authority to enforce the requirements of
the Virginia Stormwater Management Act or this chapter.
C. Recordation. The agreement shall be recorded in the records of the clerk of the circuit court of the
County.
D. When agreement not required. In his discretion, the administrator is authorized not to require an
agreement for any stormwater management facility designed to treat runoff primarily from an individual
residential lot on which it is located, provided that the owner demonstrates to the satisfaction of the
administrator that future maintenance of the facility will be addressed through an agreement or other
enforceable mechanism at the discretion of the administrator.
(§ 19.1-7, 9-29-77, art. II, § 2, 7-11-90; § 19.1-8, 9-29-77, art. II, § 3, 7-11-90; § 19.3-28, 2-11-98; Code 1988, §§
19.1-7, 19.1-8, 19.3-28; § 17-304, Ord. 98-A(1), 8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09; Ord. 11-17(1),
10-5-11)
State law reference – 9VAC25-840-60, 9VAC25-870-58, 9VAC25-870-112, 9VAC25-880-70.
Division 4. Post-Approval Rights and Obligations
Sec. 17-416 Effect of approvals.
The effect of an approval of an erosion and sediment control plan for any land disturbing activity subject solely to
the VESCP, or a VSMP permit, is as follows:
A. Erosion and sediment control plan. When an erosion and sediment control plan is approved for any land
disturbing activity subject solely to the VESCP, the owner may engage in the land disturbing activity as
provided in the erosion and sediment control plan and the mitigation plan, if applicable, subject to any
applicable requirements of this chapter, including, but not limited to, sections 17-417 through 17-424, and
the affirmative duties in sections 17-800 and 17-801, and State and Federal law. Any land disturbing
activity shall be conducted only as it was approved under the erosion and sediment control plan and the
erosion and sediment control plan shall be implemented only as it was approved.
B. VSMP permit. When a VSMP permit is approved, the permit is a consolidated permit authorizing the
owner to engage in land disturbing activity as provided by the approved erosion and sediment control
plan, the approved stormwater management plan, the pollution prevention plan, the stormwater pollution
prevention plan, and the mitigation plan, if applicable, and the general permit, subject to any applicable
requirements of this chapter including, but not limited to, sections 17-417 through 17-424, and sections
17-800 through 17-807, and State and Federal law. The consolidated permit shall include a copy of, or a
reference to, the general permit coverage to discharge stormwater. Any land disturbing activity shall be
conducted only as it was approved under the VSMP permit. Any plan approved in conjunction with a
VSMP permit shall be implemented only as it was approved.
C. Stormwater management plans for residential, commercial or industrial subdivisions govern development .
The approved stormwater management plan shall govern the development of the individual parcels until
development of the project is complete, including those parcels developed under subsequent owners.
(§ 17-207: § 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-15, 2-11-98;
Code 1988, §§ 7-5, 19.3-15; § 17-207, Ord. 98-A(1), 8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09) (§ 17-306: §
19.1-7, 9-29-77, art. II, § 2, 7-11-90; § 19.3-30, 2-11-98; Code 1988, §§ 19.1-7, 19.3-30; § 17-306, Ord. 98-A(1),
8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09)
55
State law reference – Va. Code §§ 62.1-44.15:28(7); 9VAC25-840-90, 9VAC25-890-40.
Sec. 17-417 Prerequisites to land disturbing activity.
Upon the approval of an erosion and sediment control plan for any land disturbing activity subject solely to the
VESCP, or a VSMP permit, no land disturbing activity shown on the approved erosion and sediment control plan
or stormwater management plan shall occur until all of the following are satisfied:
A. Land disturbing activity subject only to the VESCP. If the land disturbing activity is subject solely to the
VESCP, no land disturbing activity shall occur and no County department or office or any other public
entity authorized under any other law to issue grading, building, or other permits for activities involving
land disturbing activities regulated under this chapter shall issue any such permit unless: (i) the owner
submits with his application the approved erosion and sediment control plan and certification that the plan
will be followed; (ii) the person responsible for carrying out the plan provides to the administrator the
name of the person holding a certificate of competence who will be in charge of and responsible for
carrying out the land disturbing activity; and (iii) an agreement with surety is provided as required by
section 17-414.
B. Land disturbing activity subject to the VSMP. If the land disturbing activity requires a VSMP permit, no
land disturbing activity shall occur and no County department or office or any other public entity
authorized under any other law to issue grading, building, or other permits for activities involving land
disturbing activities regulated under this chapter shall issue any such permit unless: (i) the owner submits
with his application the approved VSMP permit, including the approved erosion and sediment control plan
and the approved stormwater management plan, evidence of general permit coverage to discharge
stormwater, if such evidence is required under sections 17-401(C) and 17-405(A)(1), and certification that
the plans will be followed; (ii) the person responsible for carrying out the plan provides to the
administrator the name of the person holding a certificate of competence who will be in charg e of and
responsible for carrying out the land disturbing activity; and (iii) an agreement with surety is provided as
required by section 17-414; provided that land disturbing activity may occur prior to approval of
stormwater management plan if the activity was previously covered under the general permit issued July
1, 2009.
C. Revocation of approval. The administrator is authorized to revoke the approval of the plan if the person
responsible fails to provide the name of a person holding a certificate of competence prior to engaging in
the land disturbing activity and the person responsible for carrying out the plan shall be subject to the
penalties provided by State law.
(§ 17-207: § 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-15, 2-11-98;
Code 1988, §§ 7-5, 19.3-15; § 17-207, Ord. 98-A(1), 8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09) (§ 17-306: §
19.1-7, 9-29-77, art. II, § 2, 7-11-90; § 19.3-30, 2-11-98; Code 1988, §§ 19.1-7, 19.3-30; § 17-306, Ord. 98-A(1),
8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09)
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:34, 62.1-44.15:55; 9VAC25-870-54, 9VAC25-890-40.
Sec. 17-418 Modifications and variances to approved erosion and sediment control plans.
Any approved erosion and sediment control plan shall or may be changed as follows:
A. Required modifications. An approved plan shall be modified as follows:
1. Plan inadequate to satisfy VESCP requirements. The administrator shall require that an approved
plan be modified if, after an inspection of the site, the administrator determines that the approved
plan: (i) is inadequate to effectively control soil erosion, sediment deposition, and runoff to
prevent the unreasonable degradation of properties, stream channels, waters, and other natural
resources; (ii) is unable to be physically implemented as approved; or (iii) fails to satisfy any other
VESCP requirement. If an amendment is required, the administrator may also require the time by
which the amendment to the plan shall by submitted and approved.
2. Re-evaluation if land disturbing activity not begun within 180 days or ceases for more than 180
days. If land disturbing activity is not begun within one hundred eighty (180) days after the plan
was approved, or if land disturbing activity ceases for more than one hundred eighty (180) days,
56
the administrator may evaluate the approved plan to determine whether it still satisfies the
applicable VESCP requirements of this chapter and other applicable laws and to verify that all
design factors are still valid. If the administrator determines that the approved plan is inadequate,
no longer satisfies all applicable VESCP requirements, or that the design factors are no longer
valid, he shall require the person respons ible for carrying out the approved plan to submit and
obtain approval of a modified plan before starting or resuming the land disturbing activity.
B. Modification by agreement. The administrator may agree to allow an approved plan to be modified if the
person responsible for carrying out the approved plan finds that because of changed circumstances or for
other reasons, the approved plan cannot be effectively carried out, and proposed amendments to the
plan, consistent with all VESCP requirements, are agreed to by the administrator and the person
responsible for carrying out the plan. The agreement may be memorialized in a stand-alone agreement or
by a note added to the approved plan and signed by the administrator.
C. Variances. The administrator may waive or modify any applicable requirement of the VESCP otherwise
applicable to an approved plan that he deems to be inappropriate or too restrictive for the site conditions,
by granting a variance, subject to the following:
1. When variance may be requested. During construction, the person responsible for implementing
the approved plan may request a variance.
2. Reason for variance. The owner shall explain in writing the reasons for requesting any variance.
3. Factors to be considered. The administrator shall consider variance requests judiciously, keeping
in mind both the need of the applicant to maximize cost effectiveness and the need to protect off -
site properties and resources from damage.
4. Action on request. The administrator shall respond to the request in writing by either approving or
disapproving the variance. If the administrator does not approve the variance within ten (10) days
after receipt of the request, the variance shall be considered to be disapproved. After disapproval,
the applicant may resubmit a variance request with additional documentation.
5. Variance incorporated into approved plan. Any approved variance shall become part of, and be
documented in, the approved plan.
(§ 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-16, 2-11-98; Code 1988,
§§ 7-5, 19.3-16; § 17-208, Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08)
State law reference – Va. Code § 62.1-44.15:55; 9VAC25-840-50, 9VAC25-840-80, 9VAC25-890-40.
Sec. 17-419 Amendments and modifications to approved stormwater management plans.
Any approved stormwater management plan shall be amended or may be modified as follows:
A. Stormwater management plan; amendment. The administrator shall require that an approved stormwater
management plan be amended if, after an inspection of the site or submittal and review of the
construction record drawing, the administrator determines that the plan fails to satisfy any VSMP
requirement. If an amendment is required, the administrator also may require the time by which the
amendment to the plan shall be submitted and approved.
B. Stormwater management plan; modification. An owner may request that the administrator allow its
approved stormwater management plan be modified. Any modification is subject to review and approval
by the administrator. The administrator shall act on the request and either approve or disapprove the
proposed modification in writing within sixty (60) days after the administrator receives the request.
(§ 19.3-31, 2-11-98; § 19.1-6, 9-29-77, art. II, § 1, 10-19-77, 9-13-78; 10-22-80, 7-11-90, 8-3-94; Code 1988, §§
19.1-6, 19.3-31; § 17-307, Ord. 98-A(1), 8-5-98)
State law reference – 9VAC25-870-54, 9VAC25-870-108, 9VAC25-880-70, 9VAC25-890-40.
Sec. 17-420 Amendments to pollution prevention plans.
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An owner shall obtain approval of an amendment to a pollution prevention plan whenever:
A. Change affects discharge of pollutants. There is a change in design, construction, operation, or
maintenance that has a significant effect on the discharge of pollutants to State waters which has not
previously been addressed in the plan.
B. Inadequate control measures, best management practices, or waste control. As construction proceeds,
any control measure, best management practice or waste control measure in the plan fails to achieve the
purposes of the plan.
C. Pollutants not identified in the plan. As construction proceeds, new potential sources of pollutants not
identified in the plan may reasonably be expected to affect the quality of stormwater discharges from the
construction site.
State law reference – 9VAC25-870-56.
Sec. 17-421 Amendments to stormwater pollution prevention plans.
An owner shall obtain approval of an amendment to a stormwater pollution prevention plan in the circumstances
delineated in subsections (A) through (D). Any amendment to the plan shall be updated within seven (7) days
after amendment to its implementation and include the information required by 9VAC25 -880-70, Part II(B)(4) and
be signed in accordance with 9VAC25-880-70, Part III(K).
A. Change affects discharge of pollutants. There is a change in design, construction, operation, or
maintenance that has a significant effect on the discharge of pollutants to surface waters and that has not
been previously addressed in the plan.
B. Correction of ineffective control measures. During inspections or investigations by the owner’s qualified
personal, the administrator, or any State or Federal official, it is determined that the existing control
measures are ineffective in minimizing pollutants in discharges from construction activity. Any required
amendment to the plan shall include additional or modified control measures designed and implemented
to correct the problems identified. If approval of the control measure by the administrator is required, the
plan revisions shall be completed within seven (7) days after the control measure is approved.
C. Discharge, release, or spill from high priority facility . Whenever deemed necessary by the administrator to
accurately reflect any discharge, release, or spill from any high priority facility reported in accordance with
9VAC25-890-40(III)(G). For each such discharge, release, or spill, the amended plan must include the
following information: (i) the date of the incident; (ii) the material discharged, released, or spilled; and (iii)
the quantity discharged, released or spilled.
D. Change in contractor. Any change in the name and required contact information in the contractor that will
implement and maintain any control measure.
State law reference – 9VAC25-870-54, 9VAC25-870-108, 9VAC25-880-70, 9VAC25-890-40.
Sec. 17-422 Construction record drawing; submittal.
When construction of any permanent stormwater management facility is completed, a construction record drawing
for the permanent stormwater management facility shall be submitted for review and action as follows:
A. Submittal of drawing to the administrator. Each construction record drawing shall be submitted by the
owner to the administrator.
B. Fee. The applicable fee for review and action on the construction record drawing required by section 17 -
208 shall be paid when the drawing is submitted.
C. Form and style. The construction record drawing shall satisfy the minimum requirements of the form and
style of a construction record drawing as provided in the Design Standards Manual.
D. Signature and certification. The construction record drawing shall be appropriately sealed and signed by a
professional registered in the State, certifying that the stormwater managem ent facility has been
constructed in accordance with the approved plan.
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E. Required measurements and calculations. If the construction record drawing shows any changes from the
approved plan, including changes to any features of the facility, including, b ut not limited to, outlet
structures, elevations, available volumes, plantings, spillways, and materials, the owner shall also submit
all as-built measurements and calculations necessary to demonstrate compliance with all applicable
regulations. Any other technical requirements of the construction record drawing shall be as provided in
the Design Standards Manual.
F. Determination of completeness, review and action. The procedure for the review and action on a
construction record drawing shall be as provided in sections 17-409 and 17-410, as applicable, provided
that the failure of the administrator to act within any time provided in those sections shall not be deemed
to be approval of the construction record drawing.
G. Required amendments. If the as-built stormwater management facility does not comply with all applicable
regulations, the owner shall make all required changes to the facility in order to comply with the
regulations and the administrator may require that the approved stormwater management p lan be
amended as provided in section 17-417(A).
State law reference – 9VAC25-870-55.
Sec. 17-423 Release of surety.
Any surety required by this chapter shall be released as follows:
A. Partial release. In order for any surety to be partially released:
1. Request by owner. The owner shall submit a statement to the administrator on a form provided by
the administrator that adequate stabilization of the land disturbing activity has been achieved, and
pay the fee for a partial release required by sections 17-207 or 17-208, or both.
2. Response by administrator. Within thirty (30) days after receipt of the statement required by
subsection (A)(1), the administrator shall provide written notice to the owner that responds to the
request in one of the following ways: (i) grant the partial release, if an inspection of the project by
a certified inspector confirms that the requirements for partial release are satisfied; or (ii) inform
the owner that an inspection of the project by a certified inspector confirm s that the requirements
for partial release are not satisfied and identify any specified defects, deficiencies or further
conservation action required.
3. Release. If the administrator grants the partial release as provided in subsection (A)(2), the suret y
shall be partially release within sixty (60) days after receipt of the request required by subsection
(A)(1). The amount of the release shall be based upon the percentage of stabilization
accomplished determined by the inspection.
B. Full release. In order for any surety to be fully released:
1. Request by owner. The owner shall submit a statement to the administrator on a form provided by
the administrator and pay the fee for a full release required by sections 17-207 or 17-208, or both.
For any surety required in conjunction with an erosion and sediment control plan, the owner shall
state that adequate permanent stabilization of the land disturbing activity has been achieved. For
any surety required in conjunction with a VSMP permit, the owner shall state that the
requirements of the permit have been satisfied.
2. Response by administrator. Within thirty (30) days after receipt of the statement required by
subsection (B)(1), the administrator shall provide written notice to the owner that responds to the
request in one of the following ways: (i) grant the full release, if an inspection of the project by a
certified inspector confirms that the requirements for full release are satisfied; or (ii) inform the
owner that an inspection of the project by a certified inspector confirms that the requirements for
full release are not satisfied and identify any specified defects, deficiencies or further
conservation action required.
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3. Release. If the administrator grants the full release as provided in subsection (B)(2), the surety
shall be fully released within sixty (60) days after receipt of the request required by subsection
(B)(1).
(§ 17-207: § 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-15, 2-11-98;
Code 1988, §§ 7-5, 19.3-15; § 17-207, Ord. 98-A(1), 8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09) (§ 17-306: §
19.1-7, 9-29-77, art. II, § 2, 7-11-90; § 19.3-30, 2-11-98; Code 1988, §§ 19.1-7, 19.3-30; § 17-306, Ord. 98-A(1),
8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09)
State law reference – Va. Code §§ 62.1-44.15:34; 62.1-44.15:57.
Sec. 17-424 Effect of failure to obtain grading, building or other permit; void for inactivity.
An approved erosion and sediment control plan, if the land disturbing activity is su bject solely to the VESCP, or
the VSMP permit, shall be void if the owner fails to obtain a grading, building or other permit for activities involving
land disturbing activities to implement the plan within one year (1) year after the date of its approval; provided that
any plan or permit associated with a subdivision plat or site plan whose period of validity is extended by Virginia
Code § 15.2-2209.1(A) shall likewise be extended for the same time period.
(§ 17-204: § 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-12, 2-11-98;
Code 1988, §§ 7-5, 19.3-12; § 17-204, Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08; Ord. 09-17(1), 8-5-09,
effective 9-5-09) (§ 17-304: § 19.1-7, 9-29-77, art. II, § 2, 7-11-90; § 19.1-8, 9-29-77, art. II, § 3, 7-11-90; § 19.3-
28, 2-11-98; Code 1988, §§ 19.1-7, 19.1-8, 19.3-28; § 17-304, Ord. 98-A(1), 8-5-98; Ord. 09-17(1), 8-5-09,
effective 9-5-09; Ord. 11-17(1), 10-5-11)
State law reference –Va. Code § 62.1-44.15:73; 9VAC25-890-40.
Article V. Technical Criteria
Sec. 17-500 Erosion and sediment control plans; applicable technical criteria.
Each erosion and sediment control plan shall satisfy the following, as applicable:
A. Erosion and sediment control minimum standards. The criteria, techniques and methods provided in
9VAC25-840-40.
B. Annual standards and specifications. Any applicable annual standards and specifications approved by the
Virginia Department of Environmental Quality.
C. Stormwater pollution prevention. If the land disturbing activity also requires a VSMP permit, the
requirements in 9VAC25-870-54(F) and as specified in 40 CFR 450.21.
D. Stream buffers. The procedures and requirements for land disturbing activity and development in stream
buffers, as provided in section 17-600 et seq.
E. County design standards. The technical criteria, including County notes and details, as provided in the
Design Standards Manual.
(§ 19.3-11, 2-11-98; § 7-3, 6-18-75, § 5, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 7-4, 6-18-75, § 6, 10-22-75, 4-21-
76, 11-10-76, 3-2-77, 4-17-85, 2-11-87, 12-11-87, 12-11-91, 3-18-92; Code 1988, §§ 7-3, 7-4, 19.3-11; § 17-203,
Ord. 98-A(1), 8-5-98; Ord. 01-17(1), 7-11-01; Ord. 09-17(1), 8-5-09, effective 9-5-09)
State law reference – Va. Code §§ 62.1-44.15:52, 62.1-44.15:73; 9VAC25-840-40, 9VAC25-870-54, 9VAC25-890-40.
Sec. 17-501 VSMP permit application; applicable technical criteria.
Each VSMP permit application shall satisfy the criteria, techniques and methods provided as follows:
A. Land disturbing activity that obtained general permit coverage or commenced land disturbing activity prior
to July 1, 2014. Any land disturbing activity that obtained general permit coverage or commenced land
disturbing activity prior to July 1, 2014 shall be conducted in accord ance with the technical criteria in
9VAC25-870-93 through 9VAC25-870-99. These projects shall remain subject to the technical criteria in
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9VAC25-870-93 through 9VAC25-870-99 for an additional two general permit cycles. After that time, the
portions of the project not under construction shall become subject to any new technical criteria adopted
by the State Water Control Board.
B. Land disturbing activity that obtains initial general permit coverage on or after July 1, 2014. Any land
disturbing activity that obtains initial general permit coverage on or after July 1, 2014 shall be conducted
in accordance with the technical criteria in 9VAC25-870-62 through 9VAC25-870-92, except as provided
in subsection (C). These projects shall remain subject to the technical criteria in 9VAC25-870-62 through
9VAC25-870-92 for an additional two general permit cycles. After that time, the portions of the project not
under construction shall become subject to any new technical criteria adopted by the State Water Control
Board.
C. Land disturbing activity related to certain development approvals prior to July 1, 2012 . Any land disturbing
activity shall be subject to the technical criteria in 9VAC25-870-93 through 9VAC25-870-99, provided all
of the following apply:
1. Prior qualifying approval. A proffered or conditional zoning plan, zoning with a plan of
development, preliminary or final subdivision plat, preliminary or final site plan, or any document
determined by the County to be equivalent thereto (i) was approved by the County prior to July 1,
2012; (ii) provided a layout, (iii) the technical criteria in 9VAC25-870-93 through 9VAC25-870-99;
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. General permit not issued. A general permit has not been issued prior to July 1, 2014.
3. Land disturbing activity not commenced. Land disturbing activity did not commence prior to July
1, 2014.
4. Duration. These projects shall remain subject to the technical criteria in 9VAC25-870-93 through
9VAC25-870-99 for one additional general permit cycle. After that time, the portions of the project
not under construction shall become subject to any new technical criteria adopted by the State
Water Control Board.
D. Land disturbing activity related to County, State or Federal funded projects . County, State and Federal
projects shall be subject to the technical criteria in 9VAC25-870-93 through 9VAC25-870-99, provided all
of the following apply:
1. Prior qualifying obligation. There has been an obligation of County, State or Federal funding, in
whole or in part, prior to July 1, 2012, or the Virginia Department of Environmental Quality has
approved a stormwater management plan prior to July 1, 2012.
2. General permit not issued. A general permit has not been issued prior to July 1, 2014.
3. Land disturbing activity not commenced. Land disturbing activity did not commence prior to July
1, 2014.
4. Duration. These projects shall remain subject to the technical criteria in 9VAC25-870-93 through
9VAC25-870-99 for one additional general permit cycle. After that time, the portions of the project
not under construction shall become subject to any new technical criteria adopted by the State
Water Control Board.
E. Land disturbing activity related where government bonds or other instruments of public debt financing
issued. For any project for which government bonds or other instruments of public debt financing have
been issued, the project shall be subject to the technical criteria in 9VAC25 -870-93 through 9VAC25-870-
99.
F. TMDLs. The Chesapeake Bay TMDL as provided in 9VAC25-890-40 and any other local TMDLs
applicable to a regulated land disturbing activity.
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G. Stream buffers. Any land disturbing activity under subsections (A) through (E) also shall comply with the
requirements for stream buffers in section 17-600 et seq.
H. Pre-existing County requirements. Any criterion more stringent than the technical criteria set forth in
subsections (A) through (F) existing prior to January 1, 2005 that is set forth in this chapter or in the
Design Standards Manual.
I. Technical criteria applicable to entire common plan of development or sale. Any land disturbing activity
subject to the technical criteria under this section shall apply the applicable stormwater management
technical criteria to the entire common plan of development or sale where applicable. Individual lots in a
residential, commercial, or industrial common plan of development or sale shall not be considered to be
separate land disturbing activities. Instead, the common plan, as a whole, shall be considered to be a
single land disturbing activity. Hydrologic parameters that reflect the ultimate land disturbance shall be
used in all engineering calculations.
(§ 19.1-6, 9-29-77, art. II, § 1, 10-19-77, 9-13-78, 10-22-80, 7-11-90, 8-3-94; § 19.1-7, 9-29-77, art. II, § 2, 7-11-
90; § 19.3-27, 2-11-98; Code 1988, §§ 19.1-6, 19.2-7, 19.3-27; § 17-303, Ord. 98-A(1), 6-17-98)
State law reference – Va. Code §§ 62.1-44.15:33, 62.1-44.15:49; 9VAC25-870-47, 9VAC25-870-48, 9VAC25-870-95, 9VAC25-
870-104, 9VAC25-870-400, 9VAC25-890-40.
Sec. 17-502 VSMP permit application; offsite nutrient credits.
An owner shall be allowed to use offsite nutrient credits, subject to the following:
A. Eligibility to use offsite nutrient credits. An owner is eligible to use offsite nutrient credits if one or more of
the following are satisfied:
1. Less than 5 acres disturbed. Less than five acres of land will be disturbed.
2. Pollution control. The postconstruction pollution control (measured in phosphorous) requirement
is less than ten (10) pounds per year.
3. Most phosphorus nutrient reductions are achieved onsite. At least seventy-five (75) percent of the
required phosphorus nutrient reductions are achieved onsite. If at least seventy-five (75) percent
of the required phosphorus nutrient reductions cannot be achieved onsite, and the owner can
demonstrate to the satisfaction of the administrator that: (i) alternative site designs have been
considered that may accommodate onsite best management practices; (ii) onsite best
management practices have been considered in alternative site designs to the maximum extent
practicable; (iii) appropriate onsite best management practices will be implemented; and (iv) full
compliance with postdevelopment nonpoint nutrient runoff compliance requirements cannot
practicably be met onsite, then the required phosphorus nutrient reductions may be achieved, in
whole or in part, through the use of offsite compliance options.
B. Eligibility to use offsite nutrient credits as a substitute for existing onsite nutrient controls . An owner
satisfying one or more of the criteria in subsection (A) is eligible to use offsite nutrient credits as full or
partial substitutes of perpetual nutrient credits for existing onsite nutrient controls when: (i) the nutrient
credits will compensate for ten (10) or fewer pounds of the annual phosphorous requirement associated
with the original land disturbing activity; or (ii) existing onsite controls are not functioning as anticipated
after reasonable attempts to comply with applicable maintenance agreements or requirements and the
use of nutrient credits will account for the deficiency. Upon the use of the offsite credits, the party
responsible for maintenance shall be released from maintenance obligations related to the onsite controls
for which the nutrient credits are substituted.
C. Documentation of credits. The owner shall provide documentation of its acquisition of nutrient credits to
the administrator and the Virginia Department of Environmental Quality. The documentation shall be
composed of a certification from the credit provider documenting the number of nutrient credits acquired
and the associated ratio of nutrient credits at the credit -generating entity.
D. Minimum performance requirements. The use of offsite nutrient credits shall satisfy the following:
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1. Ratio and perpetual credits. For that portion of a site’s compliance with stormwater nonpoint
nutrient runoff water quality criteria being obtained through nutrient credits, the owner shall: (i)
comply with a 1:1 ratio of the nutrient credits to the site’s remaining post development nonpoint
nutrient runoff compliance requirement being met by credit use; and (ii) use credits certified as
perpetual credits pursuant to Virginia Code § 62.1-44.19:12 et seq.
2. Nutrient reductions prior to land disturbing activity. Any offsite nutrient credit used shall achieve
the necessary nutrient reductions prior to the owner starting any land disturbing activity. If a
project is phased, the owner may acquire or achieve the offsite nutrient reductions prior to starting
each phase of the land disturbing activity in an amount sufficient for each phase.
E. Prohibited use of nutrient credits. Offsite nutrient credits may not be used in the following cases:
1. Water quantity control requirements. Offsite nutrient credits may not be used to address water
quantity control requirements.
2. Water quality based limitations. Offsite nutrient credits may not be used in contravention of
County water quality based limitations at the point of discharge that are: (i) consistent with the
determinations made pursuant to Virginia Code § 62.1-44.19:7(B); (ii) contained in the County’s
MS4 program plan; or (iii) as otherwise may be established or approved by the State Water
Control Board.
F. Crediting nutrient reductions. Nutrient reductions obtained through offsite nutrient credits shall be credited
toward compliance with any nutrient allocation assigned to the County’s MS4 permit or any applicable
TMDL to the location where the activity for which the nutrient credits are used takes place. If the activity
for which the nutrient credits are used does not discharge to a municipal separate storm sewer system,
the nutrient reductions shall be credited toward compliance with the applicable nutrient allocation.
State law reference – Va. Code § 62.1-44.15:35; 9VAC25-870-69.
Article VI. Stream Buffers
Sec. 17-600 Extent of stream buffers; retention and establishment.
Except as provided in section 17-602, each erosion and sediment control plan and each VSMP permit shall
provide for stream buffers for the purposes of retarding runoff, preventing erosion, filtering nonpoint source
pollution from runoff, moderating stream temperature, and providing for the ecological integrity of stream corridors
and networks, as provided herein:
A. Development within a development area. If the development is located within a development area, stream
buffers shall be retained if present and established where they do not exist on any lands subject to this
chapter containing perennial streams, contiguous nontidal wetlands, or both. T he stream buffer shall be
no less than one hundred (100) feet wide on each side of any perennial stream and contiguous nontidal
wetlands, measured horizontally from the edge of the contiguous nontidal wetlands, or the top of the
stream bank if no wetlands exist.
B. Development within a water supply protection area or other rural land. If the development is located within
a water supply protection area or other rural land, stream buffers shall be retained if present and
established where they do not exist on any lands subject to this chapter containing perennial or
intermittent streams, contiguous nontidal wetlands, and flood plains. The stream buffer shall extend to
whichever of the following is wider: (i) one hundred (100) feet on each side of any perennial or intermittent
stream and contiguous nontidal wetlands, measured horizontally from the edge of the contiguous nontidal
wetlands, or the top of the stream bank if no wetlands exist; or (ii) the limits of the flood plain. The stream
buffer shall be no less than two hundred (200) horizontal feet wide from the flood plain of any public water
supply impoundment.
(§ 17-301: § 19.2-6, 6-19-91, § 6; § 19.3-25, 2-11-98; Code 1988, §§ 19.2-6, 19.3-25; § 17-301, Ord. 98-A(1), 8-5-
98; Ord. 07-17(1), 2-14-07) (§ 17-317: § 19.3-41, 2-11-98; § 19.2-8, 6-19-91; Code 1988, §§ 19.2-8, 19.3-41; §
17-317, Ord. 98-A(1), 8-5-98; Ord. 08-17(1), 2-6-08)
State law reference –Va. Code § 62.1-44.15:73; 9VAC25-890-40.
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Sec. 17-601 Management of stream buffer.
Each stream buffer required to be retained or established pursuant to section 17-600 shall be managed as
provided herein:
A. Target vegetative cover. The preferred vegetative cover in a stream buffer shall be a native riparian forest
with ground cover, shrub, and tree canopy layers.
B. Preservation of native vegetation. When evaluating a development design under subsection (C), when
native vegetation may be disturbed or removed under subsection (D) and sections 17-603 and 17-604,
and when stream buffers are maintained under subsection (E), native vegetation shall be preserved to the
fullest extent possible.
C. Incorporation into development design. Each stream buffer shall be incorporated into the design of the
development by keeping stream buffers in open or natural spaces, and out of residential lots or areas of
active use, to the fullest extent possible.
D. Retaining native vegetation; disturbance or removal. In order to maintain the runoff, erosion, nonpoint
source pollution control, stream temperature, and ecological values of the stream buffer, no native
vegetation within the stream buffer shall be disturbed or removed, regardless of the size of the area
affected, except to maintain the stream buffer as provided in subsection (E), provided that native
vegetation may be removed to construct, install, operate or maintain any improvement, or engage in any
activity, authorized by sections 17-603 and 17-604.
E. Maintaining the stream buffer. Each stream buffer shall be maintained in as natural a condition as
possible.
(§ 19.3-42, 2-11-98, § 19.2-8, 6-19-91, § 8; Code 1988, §§ 19.2-8, 19.3-42; § 17-318, Ord. 98-A(1), 8-5-98)
State law reference –Va. Code § 62.1-44.15:73; 9VAC25-890-40.
Sec. 17-602 Types of improvements and activities exempt from duties to retain, establish, or manage a
stream buffer.
The following types of improvements and activities shall not be required to retain, establish, or manage a stream
buffer, provided that the requirements of this section are satisfied:
A. Utility and transportation improvements. The construction, installation, operation and maintenance of
electric, gas and telephone transmission lines, railroads, and activities of the Virginia Department of
Transportation, and their appurtenant structures, which are accomplished in compliance with the Erosion
and Sediment Control Law (Virginia Code § 62.1-44.15:51 et seq.) or an erosion and sediment control
plan approved by the State Water Control Board.
B. Public water and sewer improvements. The construction, installation, and maintenance by public
agencies of water and sewer lines, including water and sewer lines constructed by private interests for
dedication to public agencies, provided that all of the following are satisfied:
1. Location. To the extent practical, as determined by the Albemarle County Service Authority or the
Rivanna Water and Sewer Authority, the location of the water or sewer lines shall be outside of all
stream buffer areas.
2. Disturbance minimized. No more land shall be disturbed than is necessary to construct, install
and maintain the water or sewer lines.
3. Compliance with applicable requirements. All construction, installation, and maintenance of the
water or sewer lines shall comply with all applicable Federal, State and local requirements and
permits and be conducted in a manner that protects water quality.
C. Silvicultural activities. Silvicultural activities, provided that they are conducted in compliance with the
water quality protection procedures established by the Virginia Department of Forestry in its “Virginia’s
Forestry Best Management Practices for Water Quality.”
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D. Public airport improvements. The construction, installation and maintenance of runways, taxiways, and
other similar or appurtenant improvements at public airports, including the expansion or extension of
those improvements, provided that all applicable Federal, State and local permits are obtained.
(§ 19.3-43, 2-11-98; § 19.2-12, 6-19-91, § 12; Code 1988, §§ 19.2-12, 19.3-43; § 17-319, Ord. 98-A(1), 8-5-98;
Ord. 08-17(4), 9-3-08)
State law reference –Va. Code § 62.1-44.15:73; 9VAC25-890-40.
Sec. 17-603 Types of structures, improvements and activities authorized in a stream buffer.
If otherwise authorized by the applicable regulations of the Zoning Ordinance, the following types of structures,
control measures and activities shall be allowed in a stream buffer, provided that the requirements of this section
are satisfied:
A. Pre-existing buildings or structures. Any building or structure which existed on February 11, 1998 may
continue in its location on that date. However, nothing in this section authorizes the continuance, repair,
replacement, expansion or enlargement of any such building or structure except as provided in sections
18-6 and 18-30.3.
B. Temporary erosion and sediment control measures. Temporary erosion and sediment control measures,
provided that to the extent practical, as determined by the administrator, the control measures shall be
located outside of the stream buffer and disturbance impacts are minimized.
C. Water-dependent facilities and miscellaneous uses. Water-dependent facilities; water wells; passive
recreation access, such as pedestrian trails and bicycle paths; historic preservation; archaeological
activities; provided that all applicable Federal, State and local permits are obtained.
(§ 19.3-44, 2-11-98; § 19.2-7, 6-19-91, § 7; § 19.2-8, 6-19-91, § 8; Code 1988, §§ 19.2-7, 19.2-8, 19.3-44; § 17-
320, Ord. 98-A(1), 8-5-98; Ord. 08-17(2), 5-7-08)
State law reference –Va. Code § 62.1-44.15:73; 9VAC25-890-40.
Sec. 17-604 Types of structures, improvements and activities which may be allowed in a stream buffer by
program authority.
Structures, improvements and activities may be authorized by the administrator in the circumst ances described
below, provided that a mitigation plan satisfying the requirements of section 17-406, is submitted to, and
approved, by the administrator:
A. Within the landward 50 horizontal feet. On a lot within the fifty (50) horizontal feet of a stream buffer that
is the most landward (furthest from the stream), if the structures, improvements or activities either: (i)
would be for necessary infrastructure to allow reasonable use of the lot; or (ii) would be on a lot that is
within a water supply protection area where the stream buffer protects an intermittent stream and the lot
is within a development area. In all cases under this subsection, any new building site and sewage
disposal system shall be located outside of the stream buffer.
B. Lakes, ponds or restoration projects. On a lot on which the development in the stream buffer will consist
of a lake, pond, or ecological/wetland restoration project.
C. Stream crossings. Stream crossings of perennial and intermittent streams for roads, streets or driveways,
provided they meet the following minimum criteria:
1. Bridges and culverts. Bridges and culverts shall satisfy the following:
a. Perennial streams. For crossings of perennial streams, bridges, arch culverts, or box
culverts shall be used for the stream crossing and shall be sized to pass the ten (10) year
storm, or the twenty-five (25) year storm if the design standards in either section 14-410
or 18-32.7.2.1 apply, without backing water onto upstream properties. Bridges or arch
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culverts shall either leave the stream section, consisting of the stream bed and the
stream bank, undisturbed or shall allow the stream to return to a natural stabilized cross -
section upon completion of installation. The lowest interior elevation (invert) of a box
culvert installation shall be a minimum of six (6) inches below the stream bed. Culvert
walls and bridge columns should be located outside the stream banks wherever possible.
b. Intermittent streams. For crossings of intermittent streams, bridges or culverts shall be
used for the stream crossing and sized to pass the ten (10) year storm, or the twenty-five
(25) year storm if the design standards in either section 14-410 or 18-32.7.2.1 apply,
without backing water onto upstream properties.
2. Stream stabilization and energy dissipation. Stream stabilization and energy dissipation
measures below each bridge or culvert shall be provided.
3. Disturbance minimized. The stream buffer disturbance shall be the minimum necessary for the
lot(s) to be used and developed as permitted in the underlying zoning district and under the
applicable regulations of the Subdivision Ordinance. Stream crossings shall not disturb more than
thirty (30) linear feet of stream for driveways and sixty (60) linear feet for roads or stre ets,
provided that the administrator may allow additional length of stream disturbance where fill slopes
or special conditions necessitate additional length.
4. Stream bed and stream bank stabilization. The stream bed and stream banks shall be stabilized
within seven (7) days from the start of backfilling for the bridge or culvert.
5. Establishment of buffer vegetation. For stream crossings where any portion of the pre-
construction stream buffer is not fully vegetated as determined by the administrator, and for any
portion of a vegetated stream buffer that is disturbed during the installation of the stream
crossing, buffer vegetation shall be established and maintained within the stream buffer but
outside of the stream crossing at a ratio of two (2) squar e feet of stream buffer restored for every
one (1) square foot of stream buffer that was either not fully vegetated or is disturbed during the
installation of the stream crossing. Buffer vegetation shall be established and maintained at the
2:1 ratio to the extent that the stream buffer is fully vegetated outside of the stream crossing,
provided that the owner shall not be required to establish vegetation outside of the stream buffer
in order to satisfy the 2:1 ratio. The administrator may require that the owner enter into an
agreement providing for the ongoing maintenance of the plantings in the stream buffer, and may
require a bond with surety or other acceptable instrument as provided in section 17-414. Stream
buffer plantings shall be consistent with guidance supplied by the administrator.
6. Evidence of required permits. The owner shall provide the administrator with copies of approved
State and Federal permits associated with the stream crossing, if applicable.
7. Limitation on number of stream crossings; exception. In order to ensure that the encroachment
into or across the stream buffer is minimized, on and after May 7, 2008, it shall be presumed that
one stream crossing is adequate to serve the owner’s lot(s) existing on that date and all lots
created therefrom on and after that date. The administrator shall allow only one stream crossing
to serve all lots, provided that it may allow additional crossings under subsection (D).
D. Stream crossings not allowed under subsection (C). On a lot on which the development in the stream
buffer will consist of the construction and maintenance of a road, street or driveway that would not satisfy
the requirements of subsection (C) and the administrator determines that the stream buffer would prohibit
access to the lot necessary for the lot to be used and developed as permitted in the underlying zoning
district and under the applicable regulations of the Subdivision Ordinance, or to establish more than one
stream crossing.
E. Water and sewer facilities or sewage disposal systems on pre-existing lots. On a lot which was of record
prior to February 11, 1998, on which the development in the stream buffer will consist of the construction,
installation and maintenance of water and sewer facilities or sewage dispos al systems, and the
administrator determines that the stream buffer would prohibit the practicable development of those
facilities or systems. Any sewage disposal system must comply with all applicable State laws.
F. Sole building sites on pre-existing lots. On a lot which was of record prior to February 11, 1998, if the
stream buffer would result in the loss of a building site, and there are no other available building sites
66
outside the stream buffer on the lot, or to allow redevelopment as permitted in the underlying zoning
district.
(§ 19.3-45, 2-11-98; § 19.2-8, 6-19-91, § 8; Code 1988, §§ 19.2-8, 19.3-45; § 17-321, Ord. 98-A(1), 8-5-98; Ord.
08-17(1), 2-6-08; Ord. 08-17(2), 5-7-08; Ord. 11-17(1), 10-5-11; Ord. 12-17(1), 5-9-12)
State law reference – Va . Code § 62.1-44.15:73; 9VAC25-890-40.
Article VII. Illicit Discharges, Illicit Connections, and Prohibited Dumping
Sec. 17-700 Applicability.
This article shall apply to all activities that cause or allow to be caused direct or indirect illicit d ischarges, illicit
connections, and the prohibited dumping of refuse and pollutants, or which negatively impede the flow capacity of
the County’s MS4 or State waters that: (i) are not covered by other articles of this chapter; and (ii) are not
expressly exempt from this article.
(§ 17-500; Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:33; 9VAC25-890-40.
Sec. 17-701 Illicit discharges prohibited; exempt and authorized discharges.
No person shall throw, drain, or otherwise discharge, cause or allow others under their control to throw, drain, or
otherwise discharge into the County’s MS4 or State waters any pollutants or waters containing any pollutants,
other than stormwater. Commencing, conducting or continuing any i llicit discharge to the County’s MS4 or State
waters is prohibited, subject to the following:
A. Conditionally exempt discharges. The following discharges are not prohibited discharges provided that
the administrator determines that the discharge is not adversely impacting State waters:
1. Discharges pursuant to a Virginia Pollutant Discharge Elimination System (“VPDES”) or Virginia
Storm Management Program (“VSMP”) permit (other than a VSMP permit for discharges from the
municipal separate storm sewer).
2. Discharges resulting from fire fighting and other public safety activities.
3. Discharges associated with the maintenance or repair of public water, sanitary, and storm sewer
lines, and public drinking water reservoirs and drinking water treatment or distributions systems
conducted in accordance with applicable federal and state regulations and standards.
4. Discharges associated with any activity by the County, its employees and agents, in the
maintenance of any component of a County-maintained stormwater management facility
conducted in accordance with applicable State and Federal regulations and standards.
5. Discharges specified in writing by the administrator as being necessary to protect public health
and safety.
6. Water line flushing.
7. Irrigation water, landscape irrigation, and lawn watering.
8. Diverted stream flows.
9. Rising groundwaters.
10. Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(20).
11. Uncontaminated pumped groundwater.
12. Discharges from potable water sources.
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13. Foundation drains.
14. Air conditioning condensation.
15. Springs.
16. Water from crawl space pumps.
17. Footing drains.
18. Individual residential car washing.
19. Flows from riparian habitats and wetlands.
20. Dechlorinated swimming pool discharges having less than one (1) part per million chlorine.
21. Street wash water.
22. Water from washed parking lots or sidewalks to remove algae or oil buildup;
23. Application of salts or other de-icing substances to streets, sidewalks and parking lots;
24. Discharges associated with dye testing, provided that the program authority is notified in writing
before the test.
If the administrator determines that any of these conditionally exempted activities are causing adverse
impacts to State waters in a specific case, he may revoke the exemption for that specific case. The
revocation shall be effective from the date the administrator provides written notice to the person
responsible for the discharge of the determination that the ex emption is revoked.
B. Discharges authorized by VPDES permit, waiver or waste discharge order . The prohibition shall not apply
to any non-stormwater discharge permitted under a VPDES permit, including the general permit, waiver,
or waste discharge order issued to the discharger and administered under the authority of the United
States Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and regulations and further
provided that written approval has been granted by the EPA for any discharge to the County’s MS4.
(§ 17-501; Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:33; 9VAC25-870-400, 9VAC25-890-40.
Sec. 17-702 Illicit connections prohibited.
Constructing, using, maintaining, or allowing the continued existence of an illicit connection to the County’s MS4
is prohibited, subject to the following:
A. Pre-existing illicit connections. Any illicit connection authorized prior to February 14, 2007 is in violation of
this section unless the administrator expressly extended the date by which to comply beyond December
31, 2007 upon good cause shown by the person requesting the extension, and the date by whi ch
compliance is required has not passed.
B. Disconnection and redirection. Any illicit connection shall be disconnected and redirected, if necessary, to
an approved onsite wastewater management system or the sanitary sewer system upon approval of the
Albemarle County Service Authority.
C. Locating undocumented connections. Any drain or conveyance that has not been documented in plans,
maps, or their equivalent and which appears to be connected to the County’s MS4 shall be located by the
owner, occupant, lessee, principal, agent, employee or otherwise, of that property within the time period
specified in the written notice of violation from the administrator requiring that the connection be located.
The notice shall require that: (i) the location of the drain or conveyance be determined; (ii) the drain or
conveyance be identified as a storm sewer, sanitary sewer, or other; and (iii) the outfall location or point
of connection to the County’s MS4, sanitary sewer system, or other discharge point be identifi ed. The
68
results of these investigations shall be documented and provided to the administrator.
(§ 17-502; Ord. 07-17(1), 2-14-07)
State law reference--Va. Code §§ 62.1-44.15:27, 62.1-44.15:33; 9VAC25-890-40.
Sec. 17-703 Dumping prohibited.
No person, whether the owner, occupant, lessee, principal, agent, employee or otherwise, may dump or
discharge, or allow any other person to dump or discharge, refuse, as that term is defined in Albemarle County
Code § 13-100, or any other material or pollutant, natural or synthetic, into the County’s MS4, State waters, or a
natural stream, unless the dumping or discharge is expressly authorized by the Albemarle County Code.
(§ 17-503; Ord. 07-17(1), 2-14-07)
State law reference –Va . Code §§ 62.1-44.15:27, 62.1-44.15:33; 9VAC25-890-40.
Article IX. Compliance
Sec. 17-800 Duty to comply.
Each owner has the following duties to comply:
A. Upon a determination that land disturbing activity is subject to this chapter. Upon the administrator’s
determination that a land disturbing activity is subject to the VESCP, the VSMP, or both, the owner shall
immediately comply with the applicable requirements of this chapter and the applicable requirements of
this chapter shall be immediately enforced.
B. Upon approval of a VSMP permit or erosion and sediment control plan. Upon the administrator’s approval
of any VSMP permit or erosion and sediment control plan required by this chapter, the owner shall
comply with all of the terms and conditions of the approved permit or plan at a ll times the permit or plan is
in effect, including when any activities allowed under the permit or plan are being performed. In addition,
the owner shall comply with the requirements of the general permit even though a registration statement
was not required under sections 17-401(C) and 17-405(A)(1).
C. All other applicable requirements of this chapter. The owner is obligated to comply with all other
applicable requirements of this chapter not addressed in subsections (A) and (B), including, but not
limited to, the express duties in the following sections.
(§ 17-211: 2-11-98; Code 1988, § 19.3-19;§ 17-211, Ord. 98-A(1), 8-5-98; Ord. 10-17(1), 7-11-01) (§ 17-323: §
19.3-47, 2-11-98; § 19.1-6, 9-29-77, art. II, § 1, 10-19-77, 9-13-78, 10-22-80, 7-11-90, 8-3-94; Code 1988, §§
19.1-6, 19.3-47; § 17-323, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:28, 62.1-44.15:58, 62.1-44.15:73.
Sec. 17-801 Duty to maintain structures, systems, facilities, and techniques.
Each owner has the duty to maintain and repair all structures, systems, facilities and techniques required under
the VESCP and the VSMP as follows:
A. Erosion and sediment control structures and systems. Any erosion and sediment control structures and
systems shall be maintained and repaired as needed to ensure continued performance of their intended
function at their intended level. The owner also shall perform all of the maintenance responsibilities
delineated in the approved erosion and sediment control plan. Al l control measures required by the plan
shall be maintained in accordance with good engineering practices.
B. Stormwater management facilities and techniques. Any permanent stormwater management facility or
technique specified in the approved stormwater m anagement plan to manage the quality and quantity of
runoff shall be maintained for so long as the stormwater management facility or technique exists, in a
manner that meets or exceeds the maintenance standards in the agreement entered into under section
17-415. The owner’s obligation to maintain any such permanent stormwater management facility or
technique shall continue until all such obligations are the responsibility of the County or another public
69
entity empowered to own and maintain stormwater management facilities and to implement the
techniques described in the stormwater management plan.
C. Stormwater pollution prevention plan control measures; duty to maintain. Any control measure in the
approved stormwater pollution prevention plan, including a ny control measure otherwise subject to
subsections (A) or (B), shall be properly maintained in effective operating condition in accordance with
good engineering practices and, where applicable, manufacturer specifications.
(§ 17-211: 2-11-98; Code 1988, § 19.3-19;§ 17-211, Ord. 98-A(1), 8-5-98; Ord. 10-17(1), 7-11-01) (§ 17-323: §
19.3-47, 2-11-98; § 19.1-6, 9-29-77, art. II, § 1, 10-19-77, 9-13-78, 10-22-80, 7-11-90, 8-3-94; Code 1988, §§
19.1-6, 19.3-47; § 17-323, Ord. 98-A(1), 8-5-98)
State law reference – 9VAC25-840-60, 9VAC25-870-58, 9VAC25-870-112, 9VAC25-880-70.
Sec. 17-802 Duty to maintain the functional performance of storm drainage systems and streams.
Each owner of property through which a privately-maintained storm drainage system or natural stream passes
shall maintain the functional performance of the system or stream, regardless of whether they are subject to a
VSMP permit or an erosion and sediment control plan, as follows:
A. Keeping the storm drainage system and natural streams free of refuse and other obstacles. The owner
shall maintain the part of storm drainage system or natural stream on the property free of refuse, as that
term is defined in section 13-100, and other obstacles that would pollute, contaminate, or adversely
impact the system’s or the stream’s functional performance.
B. Maintaining structures within the flood hazard overlay district. The owner shall maintain all existing
privately owned structures on the property that are within the flood hazard overlay district e stablished
under section 18-30.3 so that the structures do not become a hazard to the use, function, or physical or
ecological integrity of the stream.
(§ 17-504, Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:33; 9VAC25-890-40.
Sec. 17-803 Duty to maintain general permit, stormwater pollution prevention plan, and other documents
onsite.
If the land disturbing activity is subject to a VSMP permit, each owner shall maintain the general permit, the
general permit coverage letter, the registration statement, if such a statement was required under sections 17 -
401(C) and 17-405(A)(1), and the stormwater pollution prevention plan, at a central location at the construction
site. If an onsite location is unavailable to store the documents when no personnel are present, notice of the
documents’ location must be posted near the main entrance at the construction site.
State law reference – 9VAC25-870-54, 9VAC25-880-70.
Sec. 17-804 Duty to inspect and take corrective action.
Each owner shall ensure that any inspections required by the general permit are conducted by the qualified
personnel identified in the stormwater pollution prevention plan. Any inspection shall be conducted according to
the schedule and satisfy the requirements of 9VAC25-880-70, Part II(F). Any corrective action identified in an
inspection shall be completed as follows:
A. Control measure not operating effectively. If an inspection identifies a control measure that is not
operating effectively, corrective action shall be completed as soon as practicable, but no later than seven
(7) days after discovery or a longer period allowed in writing by the administrator.
B. Control measure inadequate. If an inspection identifies an existing control measure that ne eds to be
modified or if an additional control measure is necessary, implementation shall be completed prior to the
next anticipated measureable storm event. If implementation before the next anticipated measureable
storm event is impractical, then it shall be implemented no later than seven (7) days after discovery or a
longer period allowed in writing by the administrator.
70
(§ 17-206: 2-11-98; Code 1988, § 19.3-14; § 17-206, Ord. 98-A(1), 8-5-98) (§ 17-305: 2-11-98; Code 1988, §
19.3-29; § 17-305, Ord. 98-A(1), 8-5-98)
State law reference – 9VAC25-880-70.
Sec. 17-805 Duty to provide information pertaining to discharges and compliance.
Each owner shall provide within a reasonable time the following information pertaining to discharges upon the
request of the administrator:
A. Effect of discharges and wastes. Any application materials, plans, specifications, and other pertinent
information as may be necessary to determine the effect of: (i) the discharge on the quality of State
waters, or such other information as may be necessary to accomplish the purposes of the Virginia
Stormwater Management Act and 9VAC25-870; and (ii) the wastes from the discharge on the quality of
State waters, or such other information as may be necessary to accomplish the purposes of the Clean
Water Act and the Virginia Stormwater Management Act.
B. Determine compliance or other cause to change general permit. Any information request to determine
whether cause exists for modifying, revoking and reissuing, or terminating the genera l permit or to
determine compliance with the general permit.
(§ 17-206: 2-11-98; Code 1988, § 19.3-14; § 17-206, Ord. 98-A(1), 8-5-98) (§ 17-305: 2-11-98; Code 1988, §
19.3-29; § 17-305, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code § 62.1-44.15:40; 9VAC25-870-340, 9VAC25-880-70.
Sec. 17-806 Duty to report discharges or noncompliance.
Each owner shall report discharges or noncompliance as follows:
A. Discharge of stormwater not authorized by general permit. Except in compliance with a general permit,
any person who discharges, causes, or allows a discharge of stormwater into or upon State waters from
the County’s MS4 or from a land disturbing activity, or who discharges, causes, or allows a discharge that
may reasonably be expected to enter State waters, shall notify the Virginia Department of Environmental
Quality and the administrator of the discharge immediately upon discovery of the discharge but in no case
later than twenty-four (24) hours after discovery of the discharge. In addition, a written report of the
unauthorized discharge shall be submitted by the owner, to the Virginia Department of Environmental
Quality and to the administrator within five (5) days after discovery of the discharge. The contents of the
written report shall be as provided in 9VAC25-870-310.
B. Discharge of sewage, wastes, noxious, deleterious, or hazardous substances, or oil . Any owner who
discharges or causes or allows a discharge of sewage, industrial waste, other wastes or any noxious or
deleterious substance or a hazardous substance or oil in an amount equal to or in excess of a reportable
quantity established under either 40 CFR Part 110, 40 CFR Part 117, 40 CFR Part 302, or Virginia Code
§ 62.1-44.15:19 that occurs during a twenty-four (24) hour period into or upon State waters or who
discharges or causes or allows a discharge that may reasonably be expected to enter state waters, shall
notify the Virginia Department of Environmental Quality of the discharge immediately upon discovery of
the discharge, but in no case later than within twenty-four (24) hours after the discovery. A written report
of the unauthorized discharge shall be submitted to the Virginia Department of Environmental Quality and
the administrator within five (5) days after discovery of the d ischarge. The written report shall satisfy the
requirements of 9VAC25-880-70, Part III(G).
C. Unusual or extraordinary discharges. The owner shall promptly notify, in no case later than within twenty-
four (24) hours, the Virginia Department of Environmental Quality and the administrator by telephone after
the discovery of any unusual or extraordinary discharge, including a “bypass” or “upset,” from a facility
and the discharge enters or could be expected to enter State waters. The notification shall include the
information required by 9VAC25-880-70, Part III(H).
D. Reports of noncompliance. The owner shall report any noncompliance which may adversely affect State
waters or may endanger public health. An oral report shall be provided to the Virginia Departm ent of
Environmental Quality within twenty-four (24) hours after discovery of the noncompliance. A written report
of the noncompliance shall be submitted to the Virginia Department of Environmental Quality and the
71
administrator within five (5) days after discovery of the noncompliance. The oral and written reports shall
include the information required by 9VAC25-880-70, Part III(I).
(§ 17-506, Ord. 07-17(1), 2-14-07)
State law reference – 9VAC25-870-310, 9VAC25-880-70.
Sec. 17-807 Duty to provide records and notice pertaining to general permit.
Each owner operating under a general permit shall provide the following records and notice to the administrator
upon request or as required by the general permit:
A. Records required to be kept by general permit. Copies of records required to be kept by the general
permit.
B. Reports pertaining to compliance schedules. Reports of compliance or noncompliance with, or any
progress reports on, interim and final requirements contained in any compliance schedule of t he general
permit, which shall be submitted no later than fourteen (14) days after each schedule date.
C. Notice of planned changes. Notice to the Virginia Department of Environmental Quality and the
administrator as soon as possible of any planned physic al alterations or additions to the permitted facility
or activity, when the alteration or addition requires notice under 9VAC25-880-70(III)(J).
State law reference – 9VAC25-880-70.
Sec. 17-808 Duty to stabilize denuded areas with permanent vegetation within nine months after
commencing land disturbing activity
In addition to the authority of the administrator to require that any disturbed area be stabilized under an approved
stormwater pollution prevention plan, any owner shall install permanent vegetati on on all denuded areas on the
site, subject to the following:
A. When permanent vegetation required. The owner shall install on all denuded areas on the site within nine
(9) months after the date the land disturbing activity commenced, except for areas t hat the administrator
determines are necessary parts of the construction that are subject to an active building permit and areas
where erosion is prevented by a non-erosive surface, including, but not limited to, the following surfaces:
(i) roadways and sidewalks covered by gravel, asphalt pavement, or concrete; (ii) trails or paths covered
by gravel, stone dust, or mulch; (iii) buildings and other permanent structures; and such other surfaces
that the administrator determines would adequately provide a permanent barrier to erosion.
B. Extension. The time limit for installing permanent vegetation may be extended by either the administrator
or the board of supervisors, or both, as follows:
1. By the administrator. The administrator may extend the time limit for installing permanent
vegetation up to an additional six (6) months, provided the owner submits a written request to the
administrator no less than one (1) month prior to the deadline for installing the permanent
vegetation. The administrator may grant the extension if it finds that: (i) the additional time is
necessary due to factors beyond the control of the owner; (ii) the owner had made good faith
efforts to comply with the time limit; and (iii) the owner has effectively controlled erosion and
sedimentation on the site during the land disturbing activity. In granting an extension, the
administrator may impose reasonable conditions.
2. By the board of supervisors. The board of supervisors may extend the time limit for installing
permanent vegetation for any duration it determines to be appropriate, provided the owner
submits a written request to the clerk of the board of supervisors no less than two (2) months
prior to the deadline for installing the permanent vegetation. The administrator shall pro vide an
opinion to the board as to the condition of the site with respect to complying with this chapter and
an estimate of the minimum time needed to complete grading and install permanent vegetation
for the land disturbing activity covered by the approved erosion and sediment control plan or the
VSMP permit. The board may grant the extension if it finds that: (i) the additional time is
necessary due to factors beyond the control of the owner; (ii) the owner had made good faith
efforts to comply with the time limit; and (iii) the owner has plans to effectively control or has
72
effectively controlled erosion and sedimentation on the site during the land disturbing activity. In
granting an extension, the board shall set a time limit and may impose other reasonable
conditions.
C. Changes to approved plans or permits do not extend time. An application to modify, vary, or otherwise
amend an approved erosion and sediment control plan, or to amend or modify a stormwater management
plan or any other plan approved under the approved VSMP permit, for the site, shall not extend the time
limit for installing permanent vegetation required by this section.
D. Land disturbing activity subject to this section. The installation of permanent vegetation required by this
section shall be required for those land disturbing activities subject to an erosion and sediment control
plan approved on or after September 5, 2009, or an erosion and sediment control plan that was approved
prior to that date but was renewed on or after September 5, 2009, regardless of whether the land
disturbing activity is subject to the VSMP, or is subject solely to the VESCP.
(§ 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-15, 2-11-98; Code 1988,
§§ 7-5, 19.3-15; § 17-207, Ord. 98-A(1), 8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09)
State law reference – Va. Code § 62.1-44.15:65.
Sec. 17-809 Right of administrator to enter to obtain information, conduct surveys, or in accordance with
a performance bond.
In the administration and enforcement of the VESCP and the VSMP, the administrator or any duly authorized
agent of the County may:
A. To obtain information or conduct surveys. 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. If the purpose to enter the site is to conduct an inspection to either administer or
enforce this chapter, the administrator or any duly authorized agent of the County shall comply with
sections 17-810 or 17-811.
B. In accordance with an agreement with surety. In accordance with an agreement with surety provided by
the owner under section 17-414, enter any establishment or upon any property, public or pri vate, for the
purpose of initiating or maintaining appropriate conservation actions that are required by the approved
plan or any condition of the VSMP permit associated with a land disturbing activity when the owner, after
proper notice, has failed to take acceptable conservation actions within the time specified.
State law reference – Va. Code §§ 62.1-44.15:39, 62.1-44.15:60.
Sec. 17-810 Inspections by the administrator under the VESCP.
In conjunction with the administration of the VESCP, the adminis trator shall inspect all land disturbing activity as
follows:
A. Notice of inspection. The administrator shall provide either prior written or verbal notice of the inspection
to the owner or other person responsible for carrying out the erosion and sedim ent control plan; provided
that notice shall not be required if the owner has consented to the inspection in writing or granted a
written right of entry. The administrator may request that an owner consent to inspections on the
application form or make owner consent a condition of the erosion and sediment control plan approval.
B. Who may conduct inspection. Any inspection shall be conducted by a person holding a certificate of
competence as an inspector; provided that the administrator may waive the certi ficate of competence
requirement for an inspection of land disturbing activity authorized by an agreement in lieu of a plan for
the construction of a single-family dwelling.
C. Scope of inspection. The inspection shall be conducted for the purpose of determining the land disturbing
activity’s compliance with the approved erosion and sediment control plan.
73
D. When inspections conducted. Unless an alternative inspection program is approved by the State Water
Control Board, inspections shall be conducted during or immediately following initial installation of erosion
and sediment controls, at least once in every two-week period, within forty-eight (48) hours after any
runoff producing storm event, and at the completion of the project prior to the release of a ny surety.
(§ 7-6, 6-18-75, § 8, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 19.3-20, 2-11-98; Code 1988, §§ 7-6, 19.3-20; § 17-
212, Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08)
State law reference – Va. Code § 62.1-44.15:53, 62.1-44.15:58; 9VAC25-840-60.
Sec. 17-811 Inspections by the administrator under the VSMP.
In conjunction with the administration of the VSMP, the administrator shall inspect all land disturbing activity as
follows:
A. During construction. The administrator shall inspect all land distur bing activity during construction as
follows:
1. Notice of inspection. The administrator shall provide either prior written or verbal notice of the
inspection to the owner or other person responsible for carrying out the VSMP permit; provided
that notice shall not be required if the owner has consented to the inspection in writing or granted
a written right of entry. The administrator may request that an owner consent to inspections on
the application form or make owner consent a condition of VSMP permit approval.
2. Who may conduct inspection. Any inspection shall be conducted by a person holding a certificate
of competence as an inspector
3. Scope of inspection. The inspection shall be conducted for the purpose of determining the land
disturbing activity’s compliance with: (i) the approved erosion and sediment control plan; (ii)
compliance with the approved stormwater management plan; (iii) development, updating, and
implementation of a pollution prevention plan; and (iv) development and implementatio n of any
additional control measures necessary to address a TMDL.
4. When inspections conducted. Unless an alternative inspection program is approved by the State
Water Control Board, inspections shall be conducted at least once per month until the adequ ate
stabilization of the land disturbing activity has been achieved, and at the completion of the project
prior to the release of any performance bonds.
B. Post-construction. The administrator shall inspect all stormwater management facilities at least on ce
every five (5) years, including facilities for which there is no long -term maintenance agreement or those
serving an individual residential lot, after the land disturbing activity has ended. If the owner and the
County have entered into an agreement as provided in section 17-415, any inspection shall be conducted
as provided in that agreement. If the owner and the County have not entered into an agreement under
section 17-415, any inspection shall be completed as follows:
1. Notice of inspection. The administrator shall provide either prior written or verbal notice of the
inspection to the owner; provided that notice shall not be required if the owner has consented to
the inspection in writing or granted a written right of entry.
2. Who may conduct inspection. Any inspection shall be conducted by a person holding a certificate
of competence as an inspector, other than the owner, provided that the administrator may, in his
sole discretion, use the inspection report of the owner of the stormwater managem ent facility as
part of the facility’s inspection program if the inspection is conducted by a person who is: (i)
licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to
Virginia Code § 54.1-400 et seq.; (ii) a person who works under the direction and oversight of the
licensed professional engineer, architect, landscape architect, or land surveyor; or (iii) a person
who holds an appropriate certificate of competence.
3. Scope of inspection. The inspection shall be conducted for the purpose of determining the
condition of the stormwater management facility.
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4. When inspections conducted. Inspections shall be conducted for each stormwater management
facility at least once every five (5) years or more frequently as pr ovided in the County’s MS4
permit. For any other stormwater management facility, the timing of the inspection shall be in the
discretion of the administrator.
(§ 19.3-48, 2-11-98; § 19.1-9, 9-29-77, art. III, § 4, 10-19-77, 7-11-90; Code 1988, §§ 19.1-9, 19.3-48; § 17-324,
Ord. 98-A(1), 6-17-98)
State law reference – Va. Code § 62.1-44.15:37; 9VAC25-870-114.
Sec. 17-812 Inspections by the administrator under the VPDES and of storm drainage channels and
natural streams.
The administrator shall inspect, in the manner authorized by law, storm drainage systems and natural streams to
determine compliance with an applicable general permit and to detect illicit discharges, illicit connections and
dumping. At the written or oral request of the administrator, any owner shall promptly remove any temporary or
permanent obstruction to safe and easy access to the permitted facility to be inspected, sampled, or both, and the
obstructions shall not be replaced. The costs of removing such obstructions shall be borne by the owner.
(§ 17-505, Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:27, 62.1-44.15:33, 62.1-44.15:39, 62.1-44.15:40.
Sec 17-813 Monitoring and sampling equipment by the administrator on VPDES permitted facilities.
The administrator is authorized, either under a condition of the VSMP permit, with the owner’s consent, or by
court order: (i) to establish on any permitted facility any device deemed to be necessary by the administrator to
conduct monitoring, sampling, or both, of the facility’s stormwater discharge; and (ii) to require the owner to install
monitoring equipment deemed to be necessary by the administrator. The facility’s sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating condition by the owner at its own
expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(§ 17-505, Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:48, 62.1-44.15:49; 9VAC25-870-116, 9VAC25-870-460.
Sec. 17-814 Third party complaints regarding impacts from land disturbing activities.
An aggrieved landowner sustaining pecuniary damage resulting from a violation of an erosion and sediment
control plan or a required permit, or from the conduct of land disturbing activities commenced without an approved
erosion and sediment control plan or a required permit under the VESCP, may provide written notice of the
alleged violation to the administrator and to the director of the Virginia Department of Environmental Quality. If an
investigation determines that a violation exists, but the administrator has not responded to the alleged violation in
a manner that causes the violation to cease and abates the damage to the aggrieved owner’s lands wi thin thirty
(30) days following receipt of the notice from the aggrieved owner, the aggrieved owner may pursue the remedies
available under Virginia Code § 62.1-44.15:64.
State law reference – Va. Code § 62.1-44.15:64.
Article IX. Enforcement
Sec. 17-900 Notice to comply.
If, after an inspection, the administrator determines that the owner has failed to comply with any requirement of
this chapter:
A. Notice to owner or other person responsible. The administrator shall provide written notice to the owner
and any other person responsible for carrying out the terms of the permit, plan or any other applicable
requirement of this chapter.
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B. Contents of notice. The notice shall specify the measures needed to comply with the permit, plan or other
applicable requirement of this chapter, and shall specify the time within which such measures shall be
completed.
C. How notice delivered. The notice shall be mailed by certified mail, with confirmation of delivery, to the
address specified in the permit application, the plan certification, or, if the owner and the County have
entered into an agreement as provided in section 17-415, to the address specified therein, or to another
address provided by the owner to administrator in writing, or by personal delivery at the site of the land
disturbing or development activities to the agent or employee.
(§ 17-213: § 7-6, 6-18-75, § 8, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 19.3-21, 2-11-98; Code 1988, §§ 7-6, 19.3-
21; § 17-213, Ord. 98-A(1), 8-5-98); § 17-325: § 19.3-49, 2-11-98; § 19.1-9, 9-29-77, art. III, § 4, 10-19-77, 7-11-
90; Code 1988, §§ 19.1-9, 19.3-49; § 17-325, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code §§ 62.1-44.15:37, 62.1-44.15:58; 9VAC25-870-116.
Sec. 17-901 Failure to comply with notice; revocation, order to stop work, enforcement.
Upon the owner’s or any other responsible person’s failure to comply with the permit, plan or other applicable
requirement within the time specified in the notice provided under section 17-900, one or more of the following
actions may be taken:
A. Revocation. The County or the administrator may revoke any permit issued in conjunction with the land
disturbing activity.
B. Order to stop work. The administrator may issue a stop work order as provided in section 17-902.
C. Enforcement. The administrator may pursue enforcement as provided in sections 17-903 and 17-904 as
applicable.
(§ 17-213: § 7-6, 6-18-75, § 8, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 19.3-21, 2-11-98; Code 1988, §§ 7-6, 19.3-
21; § 17-213, Ord. 98-A(1), 8-5-98); § 17-325: § 19.3-49, 2-11-98; § 19.1-9, 9-29-77, art. III, § 4, 10-19-77, 7-11-
90; Code 1988, §§ 19.1-9, 19.3-49; § 17-325, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code §§ 62.1-44.15:37, 62.1-44.15:58.
Sec. 17-902 Stop work orders; procedure.
The administrator is authorized to issue stop work orders as follows:
A. When stop work order may be issued. A stop work order may be issued after a notice to comply under
section 17-901 has been issued when the owner has not timely satisfactorily addressed the
noncompliance identified in the notice to comply; provided that:
1. Emergency stop work order; erosion and sediment control; notice to comply not prerequisite . A
notice to comply is not required before an emergency stop work order may be issued if: (i) 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 State; or (ii) the land disturbing activity
commenced without an approved erosion and sediment control plan or any required permits.
2. Emergency stop work order; stormwater management; notice to comply not prerequisite . A notice
to comply is not required before an emergency stop work order may be issued if the administrator
finds that any violation of the VSMP permit 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 State or otherwise substantially impacting water quality.
B. Contents of the stop work order. The stop work order shall order the owner to stop all land disturbing
activity on the site until all of the specified corrective measures have been taken to the satisfaction of the
administrator, until any violation of the permit, plan or other applicable requirement of this chapter is
determined by the administrator to have abated, or that any required plan or permit be obtained from the
administrator, or any combination thereof; provided that any emergency stop work order to be issued
under subsection (A)(1) or (A)(2) also shall direct the owner to cease immediately all land disturbing
76
activity on the site and inform the owner of the date, time and location of a hearing before the
administrator under subsection (F), at which time the administrator may affirm, modify, amend, or cancel
the emergency stop work order.
C. How stop work order delivered. The stop work order shall be delivered as follows:
1. Noncompliance with VSMP permit or erosion and sediment control plan. If the alleged violation is
the owner’s noncompliance with the VSMP permit or the erosion and sediment control plan, the
stop work order shall be mailed by certified mail, with confirmation of delivery, to the address
specified in the permit application or the plan certification, or by personal delivery at the site of the
land disturbing activity or development activity to the agent or employee.
2. Land disturbing activity without a VSMP permit or erosion and sediment control plan. If the
alleged violation is the owner engaging in land disturbing activity without either a VSMP permit or
an approved erosion and sediment control plan, the stop work order shall be mailed by certified
mail, with confirmation of delivery, to the address specified in the land records of the County, and
shall be posted on the site where the land disturbing activity is occurring.
D. Duration of order. A stop work order shall remain in effect for the following periods:
1. Noncompliance with VSMP permit or erosion and sediment control plan. If the alleged violation is
the owner’s noncompliance with the VSMP permit or the approved erosion and sediment control
plan, the stop work order shall remain in effect for seven (7) days after the date of service
pending application by the County or the alleged violator to the circuit court for appropriate relief.
2. Land disturbing activity without a VSMP permit or erosion and sediment control plan. If the
alleged violation is the owner engaging in land disturbing activity without e ither a VSMP permit or
an approved erosion and sediment control plan, the stop work order shall remain in effect until all
required permits and plans are obtained from the administrator, subject to the additional
procedures and requirements in subsection (E).
E. Subsequent order and service; land disturbing activity without a VSMP permit or an erosion and sediment
control plan; failure to obtain approval within 7 days. If the alleged violation is the owner engaging in land
disturbing activity without either a VSMP permit or an approved erosion and sediment control plan, and
the owner has submitted a permit application or a plan but has not obtained approval within seven (7)
days after the date of service of the stop work order, the administrator may issue a subsequent order to
the owner requiring that all construction and other work on the site, other than corrective measures, be
stopped until approval of the required permits or plans is obtained. The subsequent order shall be served
upon the owner by certified mail, with confirmation of delivery, to the address specified in the permit
application or the land records of the County.
F. Administrative hearing on emergency stop work order. Within a reasonable time after the issuance of an
emergency stop work order under subsection (A)(1) or (A)(2), the administrator shall conduct a hearing at
which time the owner may respond to the order, explain the corrective measures taken, if any, raise any
defenses, if any, and present any other relevant and material inform ation. Upon conclusion of the hearing,
the administrator may affirm, modify, amend, or cancel the emergency stop work order. A hearing is not
required if the owner does not appear and does not submit any information in writing. Nothing in this
subsection compels the owner to participate in a hearing.
G. Right to appeal. The owner may appeal the issuance of any order under subsection (A) or (E) to the
circuit court; provided that the owner shall have no right to appeal an order issued under subsection
(A)(1) or (A)(2) unless the owner participated in the administrative hearing provided under subsection (F).
H. Authority to enforce order. The County may enforce any order issued by the administrator under
subsections (A) and (E) in an action seeking injunctive relief, mandamus, or any other appropriate
remedy.
I. Compliance; lifting order. Any order issued by the administrator under subsections (A) and (E) shall be
immediately lifted when the corrective measures have been completed and approved by the
administrator, or when all required permits or plans are obtained from the administrator, or when the
administrator determines that the requirements of this chapter have been satisfied; provided that nothing
77
in this section prevents the County or the administrator from pursuing any other action or seeking any
other remedy in the enforcement of this chapter.
(§ 17-214: § 7-6, 6-18-75, § 8, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 19.3-22, 2-11-98; Code 1988, §§ 7-6, 19.3-
22; § 17-214, Ord. 98-A(1), 8-5-98); § 17-325: § 19.3-49, 2-11-98; § 19.1-9, 9-29-77, art. III, § 4, 10-19-77, 7-11-
90; Code 1988, §§ 19.1-9, 19.3-49; § 17-325, Ord. 98-A(1), 8-5-98)
State law reference – Va. Code §§ 62.1-44.15:37, 62.1-44.15:42, 62.1-44.15:58; 9VAC25-870-116.
Sec. 17-903 Remedies under the VESCP.
The following shall apply to the enforcement of the VESCP:
A. Violations subject to this section. The County may seek the remedies provided in this section against any
person who commence land disturbing activity without an approved erosion and sediment control plan or
who violates, fails, neglects, or refuses to obey any applicable State statute or regulation or any County
regulation pertaining to the VESCP, the approved erosion and sediment control plan for the land
disturbing activity or any condition thereof, any permit or condition issued by the County as a result of the
approved erosion and sediment control plan, any stop work order, and any emergency stop work order.
B. Civil penalties. The County may seek civil penalties as f ollows:
1. Procedure. Proceedings seeking civil penalties for any violation delineated in subsection (A) shall
commence by filing a civil summons in the general district court.
2. Amount of civil penalty. Any violation shall be subject to a civil penalty of five hundred dollars
($500.00) for the initial summons, and a civil penalty of one thousand dollars ($1000.00) for each
additional summons arising from the same set of operative facts; provided that if the violation
arises from commencing land disturbing activities without an approved plan, the violation shall be
subject to a civil penalty of one thousand dollars ($1,000.00) for the initial and each subsequent
summons.
3. Maximum aggregate civil penalty. The total civil penalties from a series of violations arising from
the same set of operative facts shall not exceed ten thousand dollars ($10,000.00).
4. Each day a separate offense. Each day during which a violation is found to exist shall be a
separate offense.
5. Option to prepay civil penalty and waive trial. Any person summoned for a violation under this
subsection may elect to pay the civil penalty by making an appearance in person or in writing by
mail to the County’s department of finance prior to the date fixed for trial in court. A perso n so
appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the
offense charged. A signature to an admission of liability shall have the same force and effect as a
judgment of court. However, such an admission shall not be deemed a criminal conviction for any
purpose. If a person charged with a violation does not elect to enter a waiver of trial and admit
liability, the violation shall be tried in the general district court in the same manner and with the
same right of appeal as provided by law. A finding of liability shall not be deemed a criminal
conviction for any purpose.
6. Civil penalties are in lieu of criminal penalties. A violation enforced under this subsection shall be
in lieu of any criminal penalty.
7. Civil penalties; use. Civil penalties shall be paid into the treasury of the County.
C. Civil charges. In lieu of the civil penalties sought under subsection (B) and with the consent of any person
who has committed a violation described in subsection (A), the administrator may provide, in an order he
issues against the person, for the payment of civil charges for violations in a specific sum, not to exceed
the limits specified in subsections (B)(3) and (B)(4). Civil charges shall be paid into the treasury of the
County.
78
D. Injunctive relief. Any violation, or the threat of any violation, described in subsection (A), may be enforced
in a proceeding brought by the County seeking injunctive relief without the necessity of showing that an
adequate remedy at law does not exist.
E. Other remedy. Without limiting the remedies that 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 two thousand
dollars ($2,000.00) for each violation.
F. Violation of agreement in lieu of plan; additional information. If a violation occurs during the land
disturbing activity authorized under an agreement in lieu of a plan, then the person responsible for
carrying out the agreement in lieu of a plan shall correct the violation and provide the name of a person
holding a certificate of competence.
(§ 7-8, 6-18-75, § 10, 2-11-87, 3-18-92; § 19.3-23, 2-11-98; Code 1988, §§ 7-8, 19.3-23; § 17-215, Ord. 98-A(1),
7-15-8)
State law reference – Va. Code §§ 62.1-44.15:54, 62.1-44.15:55, 62.1-44.15:63.
Sec. 17-904 Remedies under the VSMP.
The following shall apply to the enforcement of the VSMP:
A. Violations subject to this section. The County may seek the remedies provided in this section against any
person who: (i) violates or fails, neglects or refuses to obey any applicable State statute or regulation or
any County regulation pertaining to the VSMP, including any regulation, standard or condition adopted
pursuant to the conditions of the County’s MS4 permit, including discharging stormwater into State waters
from the County’s MS4, or from land disturbing activities, except in compliance with a general permit
issued by the State Water Control Board pursuant to the Virginia Stormwater Management Act; (ii)
engages in or allows any illicit discharge, illicit connection, or dumping; (iii) fails, neglects, or refuses to
comply with any order of the administrator, including, but not limited to, any order to maintain a
stormwater management facility; (iv) violates, fails, neglects, or refuses to obey any injunction,
mandamus, or other remedy obtained pursuant to this section.
B. Civil penalties. The County may seek civil penalties as follows:
1. Procedure. Proceedings seeking civil penalties for any violation delineated in subsection (A) shall
commence by filing a civil summons in the appropriate court.
2. Amount of civil penalty. Any violation shall be subject to a civil penalty of up to thirty-two thousand
five hundred dollars ($32,500.00) for each violation, in the discretion of the court. The amount of
the penalty should reflect the degree of harm caused by the violation and take into account the
economic benefit to the violator from noncompliance.
3. Each day a separate offense. Each day during which a violation is found to exist shall be a
separate offense.
4. Civil penalties; use. Civil penalties shall be paid into the treasury of the County and are to be
used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of
the County and abating environmental pollution in the County therein in such a manner as the
court may, by order, direct.
C. Civil charges. In lieu of the civil penalties sought under subsection (B) and with the consent of any person
who has committed a violation described in subsection (A), the administrator may provide, in an order he
issues against the person, for the payment of civil charges for violations in a specific sum, not to exceed
the limits specified in subsection (B)(2). Civil charges shall be paid into the treasury of the County.
D. Criminal penalties. Any person who willfully and knowingly violates any provision of the VSMP regulations
in this chapter is guilty of a Class 1 misdemeanor. Criminal penalties shall not be available as a remedy
for a violation of subsection (A)(iii).
79
E. Injunctive relief. Any violation, or the threat of any violation, described in subsection (A), may be enforced
in a proceeding brought by the County seeking injunctive relief without the necessity of showing that an
adequate remedy at law does not exist.
F. Use of offsite nutrient credits. To the extent available and with the consent of the applicant, the
administrator may include the use of nutrient credits or other offsite measures in resolving enforcement
actions to compensate for: (i) nutrient control deficiencies occurring during the period of noncompliance;
and (ii) permanent nutrient control deficiencies.
(§ 17-326: § 19.3-50, 2-11-98; § 19.1-10, 9-29-77, art. III, 4-13-88, 7-11-90, § 19.2-15, 6-19-91, § 15; Code 1988,
§§ 19.1-10, 19.2-15, 19.3-50; § 17-326, Ord. 98-A(1), 8-5-98) (§ 17-507: Ord. 07-17(1), 2-14-07)
State law reference – Va. Code §§ 62.1-44.15:35, 62.1-44.15:42, 62.1-44.15:48, 62.1-44.15:49; 9VAC25-870-116, 9VAC15-870-
310.
Sec. 17-905 Enforcement of general permits and other State permits.
Any general permit or other State-issued permit shall be enforced by the State, including but not limited to the
State Water Control Board and the Virginia Department of Environmental Quality, rather than by the County or the
administrator.
State law reference – Va. Code § 62.1-44.15:27.
Article X. Groundwater Assessments
Sec. 17-1000 Applicability.
This article shall apply to the establishment of land uses that will rely on privately owned wells serving as the
primary source of potable water and having not more than two (2) connections (hereinafter, “individual wells”) or
central water supplies, as defined in Albemarle County Code § 16-101. The applicable requirements of this article
are determined by the development approval sought by the owner and the land uses within the development, as
follows:
Development Approval and Timing of Submittal for Required
Assessment
Assessment
Required
Prior to the issuance of a building permit for a new structure on a lot of record
less than twenty-one acres in size existing prior to the effective date of this
article that will be served by one or more individual wells
Tier 1
Prior to the issuance of a building permit for a new structure: (1) on a lot of
record created after February 8, 2005 that is subject to a Tier 2 or Tier 3
assessment that will be served by one or more individual wells; or (2)
associated with a use that is subject to a Tier 3 or Tier 4 assessment that will
be served by one or more individual wells
Tier 1
Prior to approval of a preliminary subdivision plat creating lots of less than
twenty-one acres that will be served by individual wells Tier 2
Prior to approval of a preliminary subdivision plat creating four or more lots
where at least three lots are five acres or less Tier 3
Prior to approval of an initial site plan for a new nonresidential or
nonagricultural use using less than 2,000 gallons/day (average) Tier 3
Prior to approval of an initial site plan for a new nonresidential or
nonagricultural use using more than 2,000 gallons/day (average) Tier 4
Prior to approval of any central water supply under chapter 16 of the Albemarle
County Code Tier 4
The administrator may require that development approvals subject to Tier 2 or Tier 3 assessments be subject to
Tier 3 or Tier 4 assessments, respectively, as provided in sections 17-1002 and 17-1003.
If an owner submits a final subdivision plat or site plan without first submitting and obtaining approval of a
preliminary subdivision plat or an initial site plan, the assessment required by section 17 -1002 shall begin upon
submittal of the final subdivision plat or site plan, and the assessment required by sections 17-1003 or 17-1004
shall be submitted by the owner with the final subdivision plat or site plan.
80
(§ 17-400, Ord. 04-17(1), 12-8-04, effective 2-8-05)
Sec. 17-1001 Tier 1 assessments.
A Tier 1 assessment shall consist of the owner drilling a well on the lot and submitting the following information to
the program authority: (i) a Virginia well drilling completion report (form GW -2) for each well drilled; and (ii) the
latitude and longitude coordinates of each well’s location. The information submitted must be accepted as
complete and accurate by the administrator prior to issuance of the building permit.
(§ 17-401, Ord. 04-17(1), 12-8-04, effective 2-8-05)
Sec. 17-1002 Tier 2 assessments.
A Tier 2 assessment shall consist of the program authority reviewing and evaluating the county’s well database,
available hydrogeologic studies, and information from the Virginia Department of Health and the Virginia
Department of Environmental Quality, as provided in the Design Standards Manual. Based on this evaluation, the
administrator may require that the owner provide additional groundwater assessment data prior to subdivision plat
or site plan approval, or may require that a Tier 3 assessment be submitted.
(§ 17-402, Ord. 04-17(1), 12-8-04, effective 2-8-05; Ord. 07-17(1), 2-14-07)
Sec. 17-1003 Tier 3 assessments.
A Tier 3 assessment shall consist of the following:
A. Draft groundwater management plan. The owner shall submit a draft groundwater management plan with
the preliminary plat or the initial site plan. The groundwater management plan shall comply with the
requirements for such plans in the Design Standards Manual. If the groundwater management plan
identifies special areas of concern, such as an off -site resource of high groundwater sensitivity or a
previously unknown source of contamination, then the administrator may require additional groundwater
assessment data prior to preliminary subdivision plat or site plan approval.
B. Final groundwater management plan. The owner shall submit a final groundwater management plan that
must be approved by the administrator prior to approval of the final plat or site plan.
C. Surety. Any structural best management practices shall be bonded as a subdivision pl at or site plan
improvement.
The administrator may require that a Tier 4 assessment be submitted instead of a Tier 3 assessment if the special
areas of concern identified in subsection (A) have not been adequately addressed by the additional groundwater
assessment data.
(§17-403, Ord. 04-17(1), 12-8-04, effective 2-8-05; Ord. 07-17(1), 2-14-07)
Sec. 17-1004 Tier 4 assessments.
A Tier 4 assessment shall consist of the following:
A. Draft groundwater management plan; aquifer testing workplan. The owner shall submit a draft
groundwater management plan and an aquifer testing workplan complying with the requirements for
these plans in the Design Standards Manual, with the preliminary plat, initial site plan, or the application
for a central water supply. The groundwater management plan must demonstrate to the administrator’s
satisfaction that the site’s groundwater conditions have been considered with the subdivision or site plan’s
layout and design. The aquifer testing workplan must be approved by the program authority before the
owner may conduct aquifer testing as required by subsection (B).
B. Aquifer testing workplan. After the program authority approves the aquifer testing workplan, the owner
shall conduct aquifer testing as provided in the workplan.
C. Final groundwater management plan; groundwater assessment report. The owner shall submit a final
81
groundwater management plan and a groundwater assessment report complying with the requirements
for the report in the Design Standards Manual, based upon the results of the aquifer testing. The final
groundwater management plan and the groundwater assessment report must be approved by the
administrator prior to final subdivision plat or site plan approval.
D. Surety. Any structural best management practices shall be bonded as a subdivision plat or site plan
improvement.
(§17-404, Ord. 04-17(1), 12-8-04, effective 2-8-05; Ord. 07-17(1), 2-14-07)
Sec. 17-1005 Fees.
Each owner seeking approval of a tier assessment required by this article shall pay a fee a s provided by
Albemarle County Code § 18-35.1 and Albemarle County Code § 14-203, as applicable.
(§17-405, Ord. 04-17(1), 12-8-04, effective 2-8-05)
State law reference--Va. Code §§ 15.2-2241(9), 36-98.
This ordinance shall be effective on and after July 1, 2014.
82
ATTACHMENT 7
RESOLUTION
NO RECONSIDERATION OF CLAIMS DENIED ON JUNE 2, 2010
WHEREAS, the Board of Supervisors of Albemarle County has received a letter dated April 10, 2014,
from David W. Thomas representing three retired employees on c ompensation claims; and
WHEREAS, the compensation claims of Deborah J. Chambers and Gordon Carter (hereafter,
“Claimants”) were previously presented to the Board in 2010 and disallowed by the Board by a Resolution
adopted June 2, 2010; and
WHEREAS, the claims were fully considered and disallowed by the Board on June 2, 2010; and
WHEREAS, the claims were not appealed as required by Virginia Code § 15.2 -1246 after written notice of
the disallowance was given to the Claimants; and
WHEREAS, the Board does not consent to any action by the Claimants against the County; and
WHEREAS, pursuant to Virginia Code § 15.2-1247, the disallowance of the claims is final and not
appealable.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle Count y hereby
declines to reconsider the claims of Deborah J. Chambers and Gordon Carter previously presented to the Board
in 2010 and disallowed by the Board by a Resolution adopted June 2, 2010.
BE IT FURTHER RESOLVED that the Board of Supervisors does not consent to any action by the
Claimants against the County.
83
ATTACHMENT 8
FY 2014/2015
BUDGET RESOLUTION
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia:
1) That the budget for the County for the Fiscal Year beginning July 1, 2014 is made up of the County
Executive’s Recommended Budget document and the amendments made by the Board of Supervisors.
2) That the budget for the County for the Fiscal Year beginning July 1, 2014 is summarized as follows:
FY 15 Adopted
Administration $11,636,926
Judicial 4,324,049
Public Safety 36,197,535
General Services 4,268,584
Health & Welfare (including PVCC)16,281,226
Parks, Recreation, and Culture 6,946,144
Community Development 6,823,787
Other General Government 2,079,585
General Government Special Revenue Funds 17,226,037
General Government Capital Projects 22,499,579
General Government Debt Service 5,954,373
Education - School Operations and Self-Sustaining Funds 172,155,757
Education - Capital Projects 16,313,401
Education - Debt Service 12,816,005
City/County Revenue Sharing 16,466,981
TOTAL $351,989,969
3) That the budget for the County for the Fiscal Year beginning July 1, 2014 as described in 1) and 2) above
is approved.
84
ATTACHMENT 9
ALBEMARLE COUNTY COMPREHENSIVE PLAN
DIRECTION AND COMMENTS ON VISION AND GOALS
DRAFT
Vision Statement for Board Consideration
in response to Board direction on May 7, 2014
Albemarle County envisions a community with
abundant natural, rural, historic, and scenic resources
healthy ecosystems,
active and vibrant development areas,
a physical environment which supports healthy lifestyles,
a thriving economy, and
strong educational programs
for current and future generations.
Goals, Objectives, and Strategies
Direction to staff:
Word the goals consistently.
Each chapter should have its own work session. Do not split chapters between two different work session
dates. It is understood that this may mean more meetings.
The meeting for May 14 will cover only the Background Chapter and the Growth Management Chapter.
Provide a paragraph in the beginning of the Plan that i ndicates the text is directive and has no less weight
than specific strategies.
Provide information to the Board for each chapter in a format that shows the Goal, Objectives, Strategies,
Priorities, and Measurement Tools.
Other Comments:
Consider whether a goal is needed to maintain or encourage biodiversity.
Goals should reflect what we are shooting for. Wording for the goals should not include actions to
achieve the goals.
Consider that greenways and paths can be corridors for wildlife and multi-modal transportation.
Should having sustainable food sources be a goal unto itself?
Consider starting each goal with, “Albemarle will…..”
The Rural Area Chapter and the Economic Development Chapter should not be paired with other
chapters and should have their own meeting.
Be sure that strategies are measurable.
85
ATTACHMENT 10
RESOLUTION OF INTENT
WHEREAS, County Code § 18-5.1.40, which is part of the Albemarle County Zoning Ordinance,
establishes regulations pertaining to personal wireless service facilities; and
WHEREAS, practical experience resulting from administering County Code § 18-5.1.40 since it was
adopted in 2004 has allowed the County to identify several application requirements and procedures that may be
appropriate for amendment; and
WHEREAS, in order to promote the efficient and effective administration of the County’s regulations, it
may be desirable to amend County Code § 18-5.1.40, together with County Code §§ 18-3.1, Definitions, and 18-
30.6, Entrance Corridor Overlay District, to change certain application requirements and procedures for reviewing
and approving personal wireless service facilities.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general
welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of
intent to consider amending County Code §§ 18-3.1, 18-5.1.40, 18-30.6, and any other sections of the Zoning
Ordinance deemed to be appropriate, to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning
text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of
Supervisors at the earliest possible date.