HomeMy WebLinkAboutWPTA201100001 Legacy Document 2011-11-30Draft: 08/30/11
ORDINANCE NO. 11-17( )
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY
OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE II, EROSION AND SEDIMENT CONTROL,
AND ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water
Protection, Article II, Erosion and Sediment Control, and Article III, Stormwater Management and Water Quality,
are amended and reordained as follows:
By Amending:
Sec. 17-209 Fees
Sec. 17-304 Review and approval of stormwater management/BMP plan
Sec. 17-310 Fees
Sec. 17-321 Types of development which may be allowed in stream buffer by program authority
Sec. 17-322 Mitigation plan if development allowed in stream buffer
Chapter 17. Water Protection
Article II. Erosion and Sediment Control
Sec. 17-209 Fees.
Each owner seeking approval of an erosion and sediment control plan or entering into an agreement in
lieu of a plan shall pay a fee upon submittal of such plan, and shall pay a fee for each reinspection, in amounts
according to the schedule set forth below. Each fee shall be in the form of cash or a check payable to the "County
of Albemarle."
A. Land disturbing activity pertaining to single family dwelling unit:
1. Agreement in lieu of a plan if single family dwelling
unit located in a residential development:
$150
2. Agreement in lieu of a plan if single family dwelling
unit not located in a residential development:
$150
3. Plan review for a single family dwelling unit:
$150
4. Permit and first year inspection fees for a single
family dwelling unit:
$150
5. Annual permit renewal and inspection fees
for a single family dwelling unit, starting
with second year:
$150
6. Each reinspection:
$150
B. Land disturbing activity pertaining to non-exempt
agricultural land:
1. Plan review: $150 per review
2. Permit and first year inspection fees: $150
3. Each reinspection: $150
4. Annual permit renewal and inspection fees,
starting with second year: $150
C. All other land disturbing activity:
1. Plan review, disturbed area less than one acre:
2. Permit and first year inspection fees, disturbed
area less than one acre:
3. Annual permit renewal and inspection fee,
disturbed area less than one acre:
4. Plan review, disturbed area one acre or larger:
5. Permit and first year inspection fees,
disturbed area one acre or larger:
6. Annual permit renewal and inspection fee,
disturbed area one acre or larger, starting
with second year:
7. Each reinspection:
8. Amendment to approved plan:
D. Variances:
Draft: 08/30/11
$150 per review
$200
$200
$300 per review
$100 per disturbed acre
$100 per disturbed acre
$250
$180 per plan review
$760150 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; 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)
State law reference -Na. Code § 10.1-562.
Article III. Stormwater Management and Water Quality
Sec. 17-304 Review and approval of stormwater management/BMP plan.
Each stormwater management/BMP plan submitted pursuant to this article shall be reviewed and
approved as provided herein:
-BA. The plan shall be reviewed by the program authority to determine whether it complies with the
requirements of section 17-303 and all other requirements of this article.
EB. During its review of the plan, the program authority may meet with the owner from time to time
to review and discuss the plan with the owner, and to r-equest any addifienA da4a as may be reasonably neeessary
foF a ,.omplete , eview of the p! and shall inform the owner in writingof any modifications, terms, or conditions
required to be included in the plan in order for it to be approved.
DC. The program authority shall approve or disapprove a plan within sixty (60) days from the date the
application was accepted for review; provided that the program authority shall act on any plan that was previously
approved within forty-five (45) days after the plan was revised, resubmitted to the program authority, and
accepted for review. The decision of the program authority shall be based on the plan's compliance with this
article. The decision shall be in writing and shall be served by first class mail to the address provided by the
owner in the application for approval of the plan or by personal delivery to the owner. The date of the decision
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Draft: 08/30/11
shall be either the date that it is deposited for mailing or the date that it is personally delivered to the owner. If the
plan is disapproved, the reasons for such disapproval shall be stated in the decision.
ED. Each stormwater management/BMP plan approved by the program authority shall be subject to
the following:
1. The owner shall comply with all applicable requirements of the approved plan, this
article, the Virginia Stormwater Management Act (Virginia Code §§ 10.1-603.2 et seq.), and the state stormwater
management regulations set forth in 4 VAC 50-60-10 et seq.;
2. The owner shall certify that all land clearing, construction, land development and
drainage will be done according to the approved plan;
3. Land development shall be conducted only within the area specified in the approved plan;
4. The rights granted by virtue of the approved plan shall not be transferred, assigned or
sold unless a written notice of transfer, assignment or sale is filed with the program authority and the recipient of
such rights provides the certification required by paragraph (D)(2);
5. The program authority may require, in conjunction with its approval of a plan, that the
owner first enter into a stormwater management/BMP facilities maintenance agreement as provided in section 17-
323;
6. The program authority shall be allowed, after giving reasonable notice to the owner,
occupier or operator of the land development, to conduct periodic inspections as provided in section 17-324; and
7. The program authority may require, as a condition of plan approval, that the owner enter
into a right of entry agreement or grant an easement for purposes of inspection and maintenance. If such
agreement or easement is required, the program authority shall not be required to give notice prior to conducting
an inspection.
EE. Nothing in this section shall require approval of a plan or part thereof that is determined by the
program authority to pose a danger to the public health, safety, or general welfare or to deviate from sound
engineering practices.
F. An application for a stormwater management/BMP plan that requires modifications, terms or
conditions to be included in order for it to be approved as provided in paragraph (B) shall be deemed to be
withdrawn if the owner fails to submit a revised plan addressing the omitted modifications, terms or conditions
within six (6) months after the owner is informed of the omitted information as provided in paragraph (B).
G. An approved stormwater management/BMP plan 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 (1) year after the date of its approval.
(§ 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; Ord. 98-A(1), 8-5-98; Ord. 09-17(1), 8-5-09, effective 9-5-09)
State law reference--Va. Code § 10.1-603.8.
Draft: 08/30/11
Sec. 17-310 Fees.
Each owner seeking approval of a stormwater management/BMP plan shall pay a fee upon submittal of
such plan, and shall pay a fee for each inspection, in amounts according to the schedule set forth below. Each fee
shall be in the form of cash or a check payable to the "County of Albemarle."
Plan review: $300 per plan review
2. Amendment to approved plan: $180 per plan review
Request for exception (section 17-308): $240.
54. Each inspection or reinspection: $60.
65. Mitigation plan (section 17-322): $8W150
(§ 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; Ord. 98-A(1), 8-5-98;
Ord. 02-17(1), 7-3-02; Ord. 08-17(3), 8-6-08)
State law reference -Na. Code § 10.1-603.10.
Sec. 17-321 Types of development which may be allowed in stream buffer by program authority.
Development in a stream buffer may be authorized by the program authority in the circumstances
described below, provided that a mitigation plan is submitted to, and approved, by the program authority pursuant
to section 17-322:
area! withiti the fifty (50) hor-izenta4 feet of stfeam buffer- tha4 is the most landward (fiffffiest from t
2. en a lot whieh is loeated within a wateF supply protection area E)F etheF FuFa4 land.: within the fifty
(50) her-izental feet of stfeam buffer- that is the fnest !andwafd, but only for- stefmwater- eenveyanee ehannels e
other- neeessary inftastmettffe, and only if sueh development is deter-wAned by the pr-egfam aiither-ity to be
neeessar-y to allew a reasonable use of the let. in all eases undef: this par-agf:aph, the building site and the sewage
disposal system sha4l be loeated outside of the sifeam buffff;
1. on a lot within the fifty (50) horizontal feet of stream buffer that is the most landward (furthest
from the stream
) for necessary infrastructure to allow reasonable use of the lot. In all cases under this paragraph,
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any new building site and sewage disposal system shall be located outside the stream buffer;
82. on a lot on which the development in the stream buffer will consist of a lake, pond, or
ecological/wetland restoration project;
43. 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 section 17-320(D) and the
program authority 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
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subdivision ordinance, or to establish more than one stream crossing;
54. on a lot which was of record prior to the date of adoption of this chapter, on which the
development in the stream buffer will consist of the construction, installation and maintenance of water and sewer
facilities or sewage disposal systems, and the program authority determines that the stream buffer would prohibit
the practicable development of such facilities or systems. Any such sewage disposal system must comply with all
applicable state laws; and
65. on a lot which was of record prior to the date of adoption of this chapter, if the stream buffer
would result in the loss of a building site, and there are no other available building sites 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; Ord. 98-A(1), 8-5-98; Ord. 08-17(1),
2-6-08; Ord. 08-17(2), 5-7-08)
State law reference -Na. Code § 10.1-2108.
Sec. 17-322 Mitigation plan if development allowed in stream buffer.
Each owner who seeks to develop in a stream buffer pursuant to section 17-321 shall submit to the
program authority for review and approval a mitigation plan as provided herein:
A. The owner shall submit a mitigation plan that satisfies the applicable requirements of this section,
the fee required by section 17-310, and a certification stating that all requirements of the approved plan will be
complied with. If the frAtigation plan pei4ains to a fead,
plan or- pfelifninafy subdivision p143 if sueh a plan or- pW is submitted of, if net3 in eeefdinafion with the fina4 site
plan or- finA subdivision plat3 of building pefffiit.
B. The mitigation plan shall be reviewed by the program authority to determine whether it complies
with the requirements of this section and all other requirements of this article. The program authority shall
approve or disapprove a mitigation plan within thit4y (30) forty-five (45) days that a complete plan was accepted
for review. The decision shall be in writing and shall be communicated to the owner. If the plan is disapproved,
the reasons for such disapproval shall be stated in the decision.
C. Each mitigation plan shall:
identify the impacts of proposed development on water quality and lands within the
stream buffer;
2. ensure that, where development takes place within a stream buffer: (i) the proposed
development 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 subdivision ordinance; (iii)
indigenous vegetation shall be preserved to the maximum extent practicable, consistent with the proposed
development; and (iv) the impervious cover shall be minimized consistent with the proposed development;
3. demonstrate and assure that development will be conducted using best management
practices; where best management practices require regular or periodic maintenance in order to continue their
functions, the program authority 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
Draft: 08/30/11
instrument, which agreement and bond with surety or other acceptable instrument shall be of a substance and in a
form approved by the program authority and the county attorney;
4. specify mitigation which will address water quality and stream buffer impacts;
5. contain all other information requested by the program authority; and
6. where an owner seeks to establish more than one stream crossing as provided in section
17-320(D)(6), 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 purposes of this subsection, the environmental impacts considered by
the program authority 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.
D. Each mitigation plan shall be evaluated by the program authority based on the following criteria:
1. whether all reasonable alternatives to development in the stream buffer have been
explored and exhausted;
2. whether the development in the stream buffer is the minimum necessary and is conducted
in a manner that will be least disruptive to the natural functions of the stream buffer;
3. whether best management practices will effectively mitigate adverse impacts from the
encroachment on the stream buffer and its natural functions;
4. whether the design and construction of the development will satisfy the criteria in
subsections 17-322(C)(2) and (C)(3); and
5. for driveways, roads and streets, whether their alignment and design are optimized,
consistent with all other applicable requirements, to minimize encroachment in the stream buffer and adverse
effects on water quality.
E. An application for a mitigation plan that requires modifications to be made in order for it to be
approved shall be deemed to be withdrawn if the owner fails to submit a revised plan addressing the omitted-
modifications
mittedmodifications within six (6) months after the owner is informed of the omitted information.
F. An approved mitigation plan shall be void if the owner fails to obtain arg ading, building or other
permit for activities involving land disturbing activities to implement the plan within one (1) ,year after the date of
its approval.
(§ 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;
Ord. 98-A(1), 8-5-98; Ord. 08-17(2), 5-7-08)
State law reference -Na. Code § 10.1-2108.
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I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted
by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a
regular meeting held on
Clerk, Board of County Supervisors
Ave Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
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