2013-27 ORDINANCE NO. 2013-27
AN ORDINANCE AMENDING AND REENACTING CHAPTER 110, ARTICLE II,
DIVISION 11, SUBDIVISIONS I AND II, OF THE CODE OF THE CITY OF
FAIRFAX,VIRGINIA, PERTAINING TO STORM WATER AND STORM
DRAINAGE FACILITIES.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110,
Article II, Division 11, Subdivision I, of the Code of the City of Fairfax, Virginia, is hereby
deleted in its entirety and replaced in its entirety, as follows:
"Subdivision I. —In General.
Sec. 110-281. - Purpose of division.
The purpose of this division is to ensure the general health, safety, and welfare of the
citizens of the city and to manage stormwater to protect the quality and quantity of state
waters from potential harm, including protection from a land disturbing activity causing
unreasonable degradation of properties, water quality, stream channels, and other natural
resources, and to establish procedures whereby stormwater requirements related to water
quality and quantity shall be administered and enforced.
This division is adopted pursuant to Article 1.1 (§ 10.1-603.2 et seq.) of Chapter 6 of
Title 10.1 of the Code of Virginia.
Sec. 110-282. -Definitions.
In addition to the definitions set forth in 4VAC50-60-10 of the Virginia Stormwater
Management Regulations, as amended, which are expressly adopted and incorporated herein
by reference, the following words and terms used in this division have the following meanings
unless otherwise specified herein. Where definitions differ, those incorporated herein shall
have precedence.
Administrator means the VSMP authority including the city staff person or department
responsible for administering the VSMP on behalf of the city.
Applicant means any person submitting an application for a permit or requesting
issuance of a permit under this division.
Best management practice or BMP means schedules of activities, prohibitions of
practices, including both structural and non-structural practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of surface waters and
groundwater systems from the impacts of land-disturbing activities.
Chesapeake Bay Preservation Act land-disturbing activity means a land-disturbing
activity including clearing, grading, or excavation that results in a land disturbance equal or
greater than 2,500 square feet and less than one acre in all areas of jurisdictions designated as
subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, § 10.1-
2100, et seq. of the Code of Virginia.
Common plan of development or sale means a contiguous area where separate and
distinct construction activities may be taking place at different times on difference schedules.
Control measure means any best management practice or stormwater facility, or other
method used to minimize the discharge of pollutants to state waters.
Clean Water Act or CWA means the federal Clean Water Act (33 U.S.0 §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.
Department means the Department of Environmental Quality.
Design storm means all possible combinations of particular storm intensity-duration
events occurring on the design storm curve.
Development means 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 non-agricultural or non-silvicultural
purposes.
Facility means a stormwater BMP, on-site detention facility, or an on-site drainage
facility.
General permit means the state permit titled GENERAL PERMIT FOR
DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in Part
XIV (4VAC50-60-1100 et seq.) of the Regulations authorizing a category of discharges under
the CWA and the Act within a geographical area of the Commonwealth of Virginia.
Land disturbance or land-disturbing activity means a man-made change to the land
surface that potentially changes its runoff characteristics including clearing, grading, or
excavation except that the term shall not include those exemptions specified in Section 110-
287(a) of this division.
Layout means a conceptual drawing sufficient to provide for the specified stormwater
management facilities required at the time of approval.
Maximum peak runoff means the largest peak runoff which can occur from any of the
particular storms on the design storm curve.
Metering means the controlled release of water into the primary drainage system.
Minor modification means an amendment to an existing general permit before its
expiration not requiring extensive review and evaluation including, but not limited to, changes
in EPA 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.
Municipal detention facilities means municipally-owned facilities located along
primary drainage facilities. Creeks or channels which serve the purpose of reducing peak flow
by metered release and by storage of that input flow which exceeds the metered output.
On-site detention facility means a facility located on a site which serves the purpose of
collecting and detaining rainfall falling on the site for controlled release to the primary
facilities as a result of land alteration.
On-site drainage facility means a facility located on a site which serves the purpose of
collecting rainfall falling on the site and routing it to primary drainage facilities, creeks or
channels.
Operator means the owner or operator of any facility or activity subject to regulation
under this division.
Peak runoff means the largest runoff intensity which will occur from a particular storm
intensity-duration event on the design storm curve.
Permit or VSMP Authority Permit means an approval to conduct a land-disturbing
activity issued by the Administrator for the initiation of a land-disturbing activity, in
accordance with this division, and which may only be issued after evidence of general permit
coverage has been provided by the Department.
Permittee means the person to whom the VSMP Authority Permit is issued.
Person means any individual, corporation, partnership, association, state, municipality,
commission, or political subdivision of a state, governmental body, including federal, state, or
local entity as applicable, any interstate body or any other legal entity.
Primary creeks and channels means natural creeks and open channels located on
either private or public property which serve the purpose of collecting rainfall runoff from
other sites and routing it from the city to the rivers. A creek or channel shall be considered a
primary facility if it accommodates a runoff flow of at least 1.5 times that amount originating
from the site on which it is located.
Primary drainage facilities means culverts, gutters, enclosed channels, etc., which
serve the purpose of collecting rainfall runoff from other sites and routing it to primary creeks
and channels.
Drainage facilities shall be considered as primary if they accommodate a flow of at least 1.5
times that amount originating from the site on which they are located.
Regulations means the Virginia Stormwater Management Program (VSMP) Permit
Regulations, 4VAC50-60, as amended.
Site means the land or water area 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.
State means the Commonwealth of Virginia.
State Board means the Virginia Soil and Water Conservation Board.
State permit means an approval to conduct a land-disturbing activity issued by the
State Board in the form of a state stormwater individual permit or coverage issued under a
state general permit or an approval issued by the State Board for stormwater discharges from
an MS4. Under these state permits, the Commonwealth imposes and enforces requirements
pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater
Management Act, and the Regulations.
State Water Control Law means Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1 of the
Code of Virginia.
State waters means all water, on the surface and under the ground, wholly or partially
within or bordering the Commonwealth or within its jurisdiction, including wetlands.
Stormwater means precipitation that is discharged across the land surface or through
conveyances to one or more waterways and that may include stormwater runoff, snow melt
runoff, and surface runoff and drainage.
Stormwater management plan means a document(s) containing material describing
methods for complying with the requirements of Section 110-287(b) of this division.
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 from
the construction site, and otherwise meets the requirements of this division. In addition the
document 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.
Subdivision means the same as defined in Section 86-2 of the city's subdivision
ordinance.
Total maximum daily load or TMDL means the sum of the individual wasteload
allocations for point sources, load allocations for non-point sources, natural background
loading and a margin of safety. TMDLs can be expressed in terms of either mass per time,
toxicity, or other appropriate measure. The TMDL process provides for point versus non-
point source trade-offs.
Virginia Stormwater Management Act or Act means Article 1.1 (§10.1-603.2 et seq.)
of Chapter 6 of Title 10.1 of the Code of Virginia.
Virginia Stormwater BMP Clearinghouse website means a website that contains
detailed design standards and specifications for control measures that may be used in Virginia
to comply with the requirements of the Virginia Stormwater Management Act and associated
regulations.
Virginia Stormwater Management Program or VSMP means a program approved by
the State Board after September 13, 2011, that has been established by the city to manage the
quality and quantity of runoff resulting from land-disturbing activities and shall include such
items as local ordinances, rules, permit requirements, annual standards and specifications,
policies and guidelines, technical materials, and requirements for plan review, inspection,
enforcement, where authorized in this division, and evaluation consistent with the
requirements of this division and associated regulations.
Virginia Stormwater Management Program authority or VSMP authority means an
authority approved by the State Board after September 13, 2011, to operate a Virginia
Stormwater Management Program.
Sec. 110-283. - Performance standards for facilities.
Stormwater BMPs, on-site detention facilities, and on-site drainage facilities shall be
designed and maintained in such a manner as to minimize economic and environmental costs
to the city and its inhabitants. Design standards for stormwater BMPs, on-site detention
facilities, and on-site drainage facilities shall be as defined in subdivision II of this division.
Sec. 110-284. - Performance requirements.
Performance requirements for stormwater BMPs, on-site detention facilities, and on-
site drainage facilities shall be as defined in subdivision II of this division.
Sec. 110-285. - Design, construction, inspection and maintenance requirements.
Design, construction, inspection and maintenance requirements shall be as defined in
the city storm drainage facility specifications, subdivision II of this division, as they may be
hereafter promulgated by the Administrator and approved by the city council from time to
time.
Sec. 110-286. - Usage, improvement and preservation of creeks and channels.
(a) Natural creeks and drainage channels shall be used where available to route
stormwater runoff from the city.
(b) Natural drainage systems will be improved where necessary to meet the specified
performance standards for land conditions which existed as of September 17,
1974. To the maximum degree possible, these improvements shall be made in such
a manner as to preserve, enhance or restore the vegetation, including trees, along
the creek line so that the aesthetic, environmental and ecological values of the
vegetation are not lost to the community.
(c) Where land alteration after September 17, 1974, will result in increased runoff,
BMPs or on-site detention facilities designed according to the technical criteria
specified in Section 110-309 must be provided so that such additional runoff will
not appreciably increase the load on the existing storm drainage system.
(d) Land disturbances within resource protection areas or resource management areas
may require a water quality impact assessment in accordance with section 110-85.
Sec. 110-287. - Landowner's duties and responsibilities.
(a) Stormwater permit requirement; exemptions.
(1) Except as provided herein, no person may engage in any land-disturbing
activity until a VSMP authority permit has been issued by the Administrator in
accordance with the provisions of this division.
(2) A Chesapeake Bay Preservation Act Land-Disturbing Activity shall be subject
to an erosion and sediment control plan consistent with the requirements of the
Erosion and Sediment Control Ordinance, a stormwater management plan as
outlined under Section 110-287(b), the technical criteria and administrative
requirements for land-disturbing activities outlined in Subdivision II, and the
requirements for long-term maintenance of control measures outlined under
Section 110-317.
(3) Notwithstanding any other provisions of this division, the following activities
are exempt, unless otherwise required by federal law:
a. Permitted surface or deep mining operations and projects, or oil and gas
operations and projects conducted under the provisions of Title 45.1 of the
Code of Virginia;
b. 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 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 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of
Virginia or is converted to bona fide agricultural or improved pasture use
as described in Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of
Title 10.1 of the Code of Virginia;
c. Single-family residences separately built and disturbing less than 2,500
square feet 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 disturbing activities that disturb less than 2,500 square feet of land
area, or activities that are part of a larger common plan of development or
sale that is 2,500 square feet or greater of disturbance;
e. Discharges to a sanitary sewer or a combined sewer system;
f Activities under a state or federal reclamation program to return an
abandoned property to an agricultural or open land use;
g 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; and
h. 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 such situations, the
Administrator shall be advised of the disturbance within seven days of
commencing the land-disturbing activity and compliance with the
administrative requirements of subsection (a)(1) is required within 30 days
of commencing the land-disturbing activity.
(b) Stormwater management plan; contents of plan.
(1) The Stormwater Management Plan, required in Section 110-288(d), must
adhere to the performance standards and performance requirements set forth in
Sections 110-283 and 110-284, respectively, apply the stormwater
management technical criteria set forth in Section 110-309 to the entire land-
disturbing activity, consider all sources of surface runoff and all sources of
subsurface and groundwater flows converted to subsurface runoff, and include
the following information:
a. Information on the type and location of stormwater discharges; information
on the features to which stormwater is being discharged including surface
waters or karst features, if present, and the pre-development and post-
development drainage areas;
b. Contact information including the name, address, and telephone number of
the owner and the tax reference number and parcel number of the property
or properties affected;
c. A narrative that includes a description of current site conditions and final
site conditions;
d. A general description of the proposed stormwater management facilities
and the mechanism through which the facilities will be operated and
maintained after construction is complete;
e. Information on the proposed stormwater management facilities, including:
(i) The type of facilities;
(ii) Location, including geographic coordinates;
(iii) Acres treated; and
(iv) The surface waters or karst features, if present, into which the facility
will discharge.
f. Hydrologic and hydraulic computations, including runoff characteristics;
g. Documentation and calculations verifying compliance with the water
quality and quantity requirements of Section 110-309.
h. A map or maps of the site that depicts the topography of the site and
includes:
(i) All contributing drainage areas;
(ii) Existing drainage facilities and creeks and channels, including all
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 limits of clearing and grading, and the proposed drainage patterns
on the site;
(vii)Proposed buildings, roads, parking areas, utilities, and stormwater
management facilities; and
(viii) Proposed land use 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.
(2) If an operator intends to meet the water quality and/or quantity requirements
set forth in Section 110-309 through the use of off-site compliance options,
where applicable, then a letter of availability from the off-site provider must be
included. Approved off-site options must achieve the necessary nutrient
reductions prior to the commencement of the applicant's land-disturbing
activity except as otherwise allowed by § 10.1-603.8:1 of the Code of Virginia.
(3) Elements of the stormwater management plans that include activities regulated
under Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall
be appropriately sealed and signed by a professional registered in the
Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of
Chapter 4 of Title 54.1 of the Code of Virginia.
(4) A construction record drawing for permanent stormwater management
facilities are required shall be submitted to the Administrator. The
construction record drawing shall be appropriately sealed and signed by a
professional registered in the Commonwealth of Virginia, certifying that the
stormwater management facilities have been constructed in accordance with
the approved plan.
(c) Stormwater pollution prevention plan; contents of plan.
(1) The Stormwater Pollution Prevention Plan (SWPPP) shall include the content
specified by Section 4VAC50-60-54 and must also comply with the
requirements and general information set forth in Section 4VAC50-60-1170,
Section II [stormwater pollution prevention plan] of the general permit.
(2) The SWPPP shall be amended by the operator whenever there is a change in
design, construction, operation, or maintenance that has a significant effect on
the discharge of pollutants to state waters which is not addressed by the
existing SWPPP.
(3) The SWPPP must be maintained by the operator at a central location onsite. If
an onsite location is unavailable, notice of the SWPPP's location must be
posted near the main entrance at the construction site. Operators shall make
the SWPPP available for public review in accordance with Section II of the
general permit, either electronically or in hard copy.
(d) Pollution prevention plan; contents of plan.
(1) A pollution prevention plan, as required by 4VAC50-60-56, shall be
developed, implemented, and updated as necessary and must detail the design,
installation, implementation, and maintenance of effective pollution prevention
measures to minimize the discharge of pollutants. At a minimum, such
measures must be designed, installed, implemented, and maintained to:
a. 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. 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; and
c. Minimize the discharge of pollutants from spills and leaks and implement
chemical spill and leak prevention and response procedures.
(2) The pollution prevention plan shall include effective best management
practices to prohibit the following discharges:
a. Wastewater from washout of concrete, unless managed by an appropriate
control;
b. Wastewater from washout and cleanout of stucco, paint, form release oils,
curing compounds, and other construction materials;
c. Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance; and
d. Soaps or solvents used in vehicle and equipment washing.
(3) Discharges from dewatering activities, including discharges from dewatering
of trenches and excavations, are prohibited unless managed by appropriate
controls.
(e) Maintenance of Facilities
Maintenance provisions shall be set forth in an instrument recorded in the local land
records and facilities shall be maintained by the landowner in accordance with Section
110-317.
Sec. 110-288. - City responsibilities.
(a) City-owned drainage system. The city shall maintain and control natural drainage
systems and other facilities which have been constructed by or dedicated to the
city. In no event will the city be financially responsible for maintenance of private
systems.
(b) City-owned drainage system development impacted. The city shall specify, design
and construct off-site improvements to the storm drainage system when such
improvements are made necessary by changes in land use and when additional
runoff caused by such changed land use cannot be adequately accommodated by
facilities designed in accordance with the technical criteria specified in Section
110-309. Inadequacy must be sufficiently demonstrated through a request for
exception, as specified in 4VAC50-60-57 and in accordance with 4VAC50-60-
122. Further, such off-site improvements are to be paid for by those landowners
whose land alteration made the improvements necessary.
(c) Stormwater management program established; submission and approval of plans;
prohibitions.
(1) Pursuant to § 10.1-603.3 of the Code of Virginia, the city hereby establishes a
Virginia stormwater management program for land-disturbing activities and
adopts the applicable Regulations that specify standards and specifications for
VSMPs promulgated by the State Board for the purposes set out in Section
110-281 of this ordinance. The city hereby designates the Department of
Public Works as the Administrator of the Virginia stormwater management
program.
(2) No VSMP authority permit shall be issued by the Administrator until the
following items have been submitted to and approved by the Administrator as
prescribed herein:
a. A permit application that includes a general permit registration statement;
b. An erosion and sediment control plan approved in accordance with the
city's Erosion and Sediment Control Ordinance, located in Chapter 110,
Article II, Division 12 this code; and
c. A stormwater management plan that meets the requirements of Section
110-287(b).
(3) No VSMP authority permit shall be issued until evidence of general permit
coverage is obtained.
(4) No VSMP authority permit shall be issued until the fees required to be paid
pursuant to Section 110-292, are received, and a reasonable performance bond
required pursuant to Section 110-293 has been submitted.
(5) No VSMP authority permit shall be issued unless and until the permit
application and attendant materials and supporting documentation demonstrate
that all land clearing, construction, disturbance, land development and drainage
will be done according to the approved permit.
(6) No grading, building or other local permit shall be issued for a property unless
a VSMP authority permit has been issued by the Administrator.
(d) Review of stormwater management plan.
(1) The Administrator shall review stormwater management plans and shall
approve or disapprove a stormwater management plan according to the
following:
a. The Administrator shall determine the completeness of a plan in
accordance with Section 110-287(b), and shall notify the applicant, in
writing, of such determination, within 15 calendar days of receipt. If the
plan is deemed to be incomplete, the above written notification shall
contain the reasons the plan is deemed incomplete.
b. The Administrator shall have an additional 60 calendar days from the date
of the communication of completeness to review the plan, except that if a
determination of completeness is not made within the time prescribed in
subdivision (a), then the plan shall be deemed complete and the
Administrator shall have 60 calendar days from the date of submission to
review the plan.
c. The Administrator shall review any plan that has been previously
disapproved within 45 calendar days of the date of resubmission.
d. During the review period, the plan shall be approved or disapproved and
the decision communicated in writing to the person responsible for the
land-disturbing activity or his designated agent. If the plan is not
approved, the reasons for not approving the plan shall be provided in
writing. Approval or denial shall be based on the plan's compliance with
the requirements of this division.
e. If a plan meeting all requirements of this division is submitted and no
action is taken within the time provided above in subdivision (b) for
review, the plan shall be deemed approved.
(2) Approved stormwater plans may be modified as follows:
a. Modifications to an approved stormwater management plan shall be
allowed only after review and written approval by the Administrator. The
Administrator shall have 60 calendar days to respond in writing either
approving or disapproving such request.
b. The Administrator may require that an approved stormwater management
plan be amended, within a time prescribed by the Administrator, to address
any deficiencies noted during inspection.
(3) The Administrator shall require the submission of a construction record
drawing for permanent stormwater management facilities. The Administrator
may elect not to require construction record drawings for stormwater
management facilities for which recorded maintenance agreements are not
required pursuant to Section 110-317(b).
Sec. 110-289.—Hearings.
(a) Any permit applicant or permittee, or person subject to the requirements of this
division , aggrieved by any action of the city taken without a formal hearing, or by
inaction of the city, may demand in writing a formal hearing by the City Council
causing such grievance, provided a petition requesting such hearing is filed with
the Administrator within 30 days after notice of such action is given by the
Administrator.
(b) The hearings held under this Section shall be conducted by the City Council at a
regular or special meeting of the City Council.
(c) A verbatim record of the proceedings of such hearings shall be taken and filed
with the Fairfax County Circuit Court. Depositions may be taken and read as in
actions at law.
(d) The Fairfax County Circuit Court shall have power to issue subpoenas and
subpoenas duces tecum, and at the request of any party shall issue such subpoenas.
The failure of a witness without legal excuse to appear or to testify or to produce
documents shall be acted upon by the local governing body, or its designated
member, whose action may include the procurement of an order of enforcement
from the circuit court. Witnesses who are subpoenaed shall receive the same fees
and reimbursement for mileage as in civil actions.
Sec. 110-290. —Appeals.
(a) Final decisions of the Administrator under this division may be appealed to the
City Council, provided an appeal is filed within 30 days from the date of any
written decision by the Administrator which adversely affects the rights, duties or
privileges of any permit applicant or permittee, or person subject to the
requirements of this division.
(b) Final decisions of the City Council under this division may be subject to review by
the Fairfax County Circuit Court, provided an appeal is filed within 30 days from
the date of the final written decision which adversely affects the rights, duties or
privileges of any permit applicant or permittee, or person subject to the
requirements of this division.
Sec. 110-291.—Enforcement.
(a) If the Administrator determines that there is a failure to comply with the VSMP
authority permit conditions or determines there is an unauthorized discharge,
notice shall be served upon the permittee or person responsible for carrying out the
permit conditions by any of the following: verbal warnings and inspection reports,
notices of corrective action, consent special orders, and notices to comply. Written
notices shall be served by registered or certified mail to the address specified in the
permit application or by delivery at the site of the development activities to the
agent or employee supervising such activities.
(1) The notice shall specify the measures needed to comply with the permit
conditions and shall specify the time within which such measures shall be
completed. Upon failure to comply within the time specified, a stop work order
may be issued in accordance with Subsection (b) or the permit may be revoked
by the Administrator.
(2) If a permittee fails to comply with a notice issued in accordance with this
Section within the time specified, the Administrator may issue an order
requiring the owner, permittee, person responsible for carrying out an
approved plan, or the person conducting the land-disturbing activities without
an approved plan or required permit to cease all land-disturbing activities until
the violation of the permit has ceased, or an approved plan and required
permits are obtained, and specified corrective measures have been completed.
Such orders shall be issued in accordance with Section 110-9 of this code.
Such orders shall become effective upon service on the person by certified
mail, return receipt requested, sent to his address specified in the land records
of the city, or by personal delivery by an agent of the Administrator. However,
if the Administrator finds that any such violation is grossly affecting or
presents an imminent and substantial danger of causing harmful erosion of
lands or sediment deposition in waters within the watersheds of the
Commonwealth or otherwise substantially impacting water quality, it may
issue, without advance notice or hearing, an emergency order directing such
person to cease immediately all land-disturbing activities on the site and shall
provide an opportunity for a hearing, after reasonable notice as to the time and
place thereof, to such person, to affirm, modify, amend, or cancel such
emergency order. If a person who has been issued an order is not complying
with the terms thereof, the Administrator may institute a proceeding for an
injunction, mandamus, or other appropriate remedy in accordance with
Subsection 110-291(c).
(b) In addition to any other remedy provided by this division, if the Administrator or
his designee determines that there is a failure to comply with the provisions of this
division, they may initiate such informal and/or formal administrative enforcement
procedures in a manner that is consistent with Section 110-9.
(c) Any person violating or failing, neglecting, or refusing to obey any rule,
regulation, ordinance, order, approved standard or specification, or any permit
condition issued by the Administrator may be compelled in a proceeding instituted
in the Fairfax County Circuit Court by the city to obey same and to comply
therewith by injunction, mandamus or other appropriate remedy.
(d) Any person who violates any provision of this division or who fails, neglects, or
refuses to comply with any order of the Administrator, shall be subject to a civil
penalty not to exceed $32,500 for each violation within the discretion of the
Fairfax County Circuit Court. Each day of violation of each requirement shall
constitute a separate offense.
(1) Violations for which a penalty may be imposed under this Subsection shall
include but not be limited to the following:
a. No state permit registration;
b. No SWPPP;
c. Incomplete SWPPP;
d. SWPPP not available for review;
e. No approved erosion and sediment control plan;
f. Failure to install stormwater BMPs or erosion and sediment controls;
g. Stormwater BMPs or erosion and sediment controls improperly installed or
maintained;
h. Operational deficiencies;
i. Failure to conduct required inspections;
j. Incomplete, improper, or missed inspections; and
k. Discharges not in compliance with the requirements of Section 4VAC 50-
60-1170 of the general permit.
(2) The Administrator may issue a summons for collection of the civil penalty and
the action may be prosecuted in the appropriate court.
(3) In imposing a civil penalty pursuant to this Subsection, the court may consider
the degree of harm caused by the violation and also the economic benefit to the
violator from noncompliance.
(4) Any civil penalties assessed by a court as a result of a summons issued by the
City shall be paid into the treasury of the City to be used for the purpose of
minimizing, preventing, managing, or mitigating pollution of the waters of the
City and abating environmental pollution therein in such manner as the court
may, by order, direct.
(e) Notwithstanding any other civil or equitable remedy provided by this Section or by
law, any person who willfully or negligently violates any provision of this
division, any order of the Administrator, any condition of a permit, or any order of
a court shall, be guilty of a misdemeanor punishable by confinement in jail for not
more than 12 months or a fine of not less than $2,500 nor more than $32,500, or
both.
Sec. 110-292.—Fees.
(a) Issuance of general permit coverage. Fees to cover costs associated with
implementation of a VSMP related to land disturbing activities and issuance of
general permit coverage and VSMP authority permits shall be imposed in
accordance with the VSMP Fee Schedule, as specified in Section 110-3. When a
site or sites has been purchased for development within a previously permitted
common plan of development or sale, the Applicant shall be subject to fees in
accordance with the disturbed acreage of their site or sites according to the VSMP
Fee Schedule, as specified in Section 110-3.
(b) Modifications or transfer of permit coverage. Fees for the modification or transfer
of registration statements from the general permit issued by the State Board shall
be imposed in accordance with the VSMP Fee Schedule, as provided within the
permit application package. If the general permit modifications result in changes
to stormwater management plans that require additional review by the city, such
reviews shall be subject to the fees set out in the VSMP Fee Schedule, as provided
within the permit application package. The fee assessed shall be based on the total
disturbed acreage of the site. In addition to the general permit modification fee,
modifications resulting in an increase in total disturbed acreage shall pay the
difference in the initial permit fee paid and the permit fee that would have applied
for the total disturbed acreage in the VSMP Fee Schedule, as provided within the
permit application package.
(c) Annual permit maintenance fee. The following annual permit maintenance shall be
imposed in accordance with the VSMP Fee Schedule, as provided within the
permit application package, including fees imposed on expired permits that have
been administratively continued. With respect to the general permit, these fees
shall apply until the permit coverage is terminated. General permit coverage
maintenance fees shall be paid annually to the city, by the anniversary date of
general permit coverage. No permit will be reissued or automatically continued
without payment of the required fee. General permit coverage maintenance fees
shall be applied until a Notice of Termination is effective.
(d) The fees set forth in Subsections (a)through (c) above, shall apply to:
(1) All persons seeking coverage under the general permit.
(2) All permittees who request modifications to or transfers of their existing
registration statement for coverage under a general permit.
(3) Persons whose coverage under the general permit has been revoked shall apply
to the Department for an Individual Permit for Discharges of Stormwater from
Construction Activities.
(4) Permit and permit coverage maintenance fees outlined under Section 110-
292(c) may apply to each general permit holder.
(e) No general permit application fees will be assessed to:
(1) Permittees who request minor modifications to general permits as defined in
Section 110-282. Permit modifications at the request of the permittee resulting
in changes to stormwater management plans that require additional review by
the Administrator shall not be exempt pursuant to this Section.
(2) Permittees whose general permits are modified or amended at the initiative of
the Department, excluding errors in the registration statement identified by the
Administrator or errors related to the acreage of the site.
(f) All incomplete payments will be deemed as non-payments, and the applicant shall
be notified of any incomplete payments. Interest may be charged for late payments
at the underpayment rate set forth in §58.1-15 of the Code of Virginia and is
calculated on a monthly basis at the applicable periodic rate. A 10% late payment
fee shall be charged to any delinquent (over 90 days past due) account. The city
shall be entitled to all remedies available under the Code of Virginia in collecting
any past due amount.
Sec. 110-293. —Performance bond.
Prior to issuance of any permit, the Applicant shall be required to submit a reasonable
performance bond with surety, cash escrow, letter of credit, any combination thereof, or such
other legal arrangement acceptable to the City Attorney, to ensure that measures could be
taken by the city at the Applicant's expense should he fail, after proper notice, within the time
specified to initiate or maintain appropriate actions which may be required of him by the
permit conditions as a result of his land disturbing activity. If the city takes such action upon
such failure by the Applicant, the city may collect from the Applicant for the difference
should the amount of the reasonable cost of such action exceed the amount of the security
held, if any. Within 60 days of the completion of the requirements of the permit conditions,
such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or
unobligated portion thereof, shall be refunded to the Applicant or terminated."
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article II, Division 11, Subdivision II, of the Code of the City of Fairfax,
Virginia, is hereby deleted in its entirety and replaced in its entirety, as follows:
"Subdivision II. —Specifications.
Sec. 110-306. - Purpose.
This subdivision specifies design, construction, inspection and maintenance
requirements for stormwater BMPs, on-site detention facilities, and on-site drainage facilities
to be used within the city.
Sec. 110-307. - Control.
This subdivision is controlled by the department of public works. Revisions are to be
promulgated by the director of public works and approved by the city council.
Sec. 110-308. - Applicability.
The design, construction, inspection and maintenance of all stormwater BMPs, on-site
detention facilities, and on-site drainage facilities, whether privately or municipally owned,
are to be accomplished in accordance with applicable provisions of this subdivision.
Sec. 110-309. - Design requirements.
(a) To protect the quality and quantity of state water from the potential harm of
unmanaged stormwater runoff resulting from land-disturbing activities, the city hereby
adopts the technical criteria for regulated land-disturbing activities set forth in Part II
B of the Regulations, as amended, expressly to include 4VAC50-60-63 [water quality
design criteria requirements]; 4VAC50-60-65 [water quality compliance]; 4VAC50-
60-66 [water quantity]; 4VAC50-60-69 [offsite compliance options]; 4 VAC 50-60-72
[design storms and hydrologic methods]; 4VAC50-60-74 [stormwater harvesting];
4VAC50-60-76 [linear development project]; and, 4VAC50-60-85 [stormwater
management impoundment structures or facilities], which shall apply to all land-
disturbing activities regulated pursuant to this division, except as expressly set forth in
Subsection (b) of this Section.
(b) Until June 30, 2019, any land-disturbing activity for which a currently valid proffered
or conditional zoning plan, preliminary or final subdivision plat, preliminary or final
site plan or zoning with a plan of development, or any document determined by the
city as being equivalent thereto, was approved by the city prior to July 1, 2012, and for
which no coverage under the general permit has been issued prior to July 1, 2014,
shall be considered grandfathered by the Administrator and shall not be subject to the
technical criteria of Part II B [of the Regulations], but shall be subject to the technical
criteria of Part II C [of the Regulations] for those areas that were included in the
approval, provided that the Administrator finds that such proffered or conditional
zoning plan, preliminary or final subdivision plat, preliminary or final site plan or
zoning with a plan of development, or any document determined by the city as being
equivalent thereto, (i) provides for a layout and (ii) the resulting land-disturbing
activity will be compliant with the requirements of Part II C. In the event that the
approved document is subsequently modified or amended in a manner such that there
is no increase over the previously approved plat or plan in the amount of phosphorus
leaving each point of discharge of the land-disturbing activity through stormwater
runoff, and such that there is no increase over the previously approved plat or plan in
the volume or rate of runoff, the grandfathering shall continue as before.
(1) Until June 30, 2019, for local, state, and federal projects for which there has been
an obligation of local, state, or federal funding, in whole or in part, prior to July 1,
2012, or for which the Department has approved a stormwater management plan
prior to July 1, 2012, such projects shall be considered grandfathered by the city
and shall not be subject to the technical requirements of Part II B of the
Regulations, but shall be subject to the technical requirements of Part II C of the
Regulations for those areas that were included in the approval.
(2) For land-disturbing activities grandfathered under this Subsection, construction
must be completed by June 30, 2019, or portions of the project not under
construction shall become subject to the technical requirements of Subsection (a)
above.
(c) In cases where governmental bonding or public debt financing has been issued for a
project prior to July 1, 2012, such project shall be subject to the technical requirements
Part IIC of the Regulations, as adopted by the city in Subsection (b) of this Section.
(d) The Administrator may grant exceptions to the technical requirements of Part II B or
Part II C of the Regulations, provided that (i) the exception is the minimum necessary
to afford relief, (ii) reasonable and appropriate conditions are imposed so that the
intent of the Act, the Regulations, and this division are preserved, (iii) granting the
exception will not confer any special privileges that are denied in other similar
circumstances, and (iv) exception requests are not based upon conditions or
circumstances that are self-imposed or self-created. Economic hardship alone is not
sufficient reason to grant an exception from the requirements of this division.
(1) Exceptions to the requirement that the land-disturbing activity obtain required
VSMP authority permit shall not be given by the Administrator, nor shall the
Administrator approve the use of a BMP not found on the Virginia Stormwater
BMP Clearinghouse Website, or any other control measure duly approved by the
Department.
(2) Exceptions to requirements for phosphorus reductions shall not be allowed unless
offsite options otherwise permitted pursuant to 4VAC50-60-69 have been
considered and found not available.
(e) Nothing in this Section shall preclude an operator from constructing to a more
stringent standard at their discretion.
(f) Nothing in this Section shall prevent the city from applying more restrictive criteria to
the design of any and all facilities.
Sec. 110-310. - On-site drainage facilities.
(a) On-site drainage. On-site drainage shall be adequate to prevent flooding or damage to
any structure located on the site.
(b) Gutters and inlets. Gutters and inlets shall be adequate to limit the spread of water in
the street to ten feet.
(c) Primary drainage facilities. Where culverts, storm sewers or other enclosed conduits
have been approved for use by the director of public works or his designee as storm
drainage transport they shall, in addition to meeting other requirements, be adequate in
the opinion of the director of public works or his designee to prevent flood damage to
private or public property. Conduits used in conjunction with gutters and inlets shall
be adequate to limit the system hydraulic grade line to no higher than one foot below
the grade of the gutter.
Where on-site drainage facilities are proposed by a developer he shall specify the following:
(1) Safety factors.
(2) Material identification.
(3) Cleaning, maintenance, inspection provisions.
Design storms shall be as specified:
Usage Design Storm
Streets, gutters and inlets 10-year storm
Culverts/storm sewers 100-year storm*
* In the absence of potentially damaged private or public property the 25-year design storm
shall be used as a minimum.
Sec. 110-311. - On-site detention facilities.
The design of on-site detention facilities, as may be requested or approved by the
Administrator, shall be as set forth in Part II B of the Regulations, 4VAC50-60-66 [water
quantity], as specified in Section 110-309.
Sec. 110-312. - Municipal creeks and channels.
Where primary channels or other open conduits have been approved for use by the
director of public works or his designee as storm drainage transports they shall, in addition to
meeting other requirements, be adequate in the opinion of the director of public works or his
designee to prevent flooding outside of any floodplain area designated in this chapter. The
design storm for channels to be used for conveyance shall be the 100-year storm.
Sec. 110-313. - Municipal drainage facility.
Design criteria shall be as set forth in section 110-310 where applicable.
Sec. 110-314. - Municipal detention facilities.
Design criteria shall be as set forth in section 110-311 where applicable.
Sec. 110-315. - Construction requirements.
All construction shall conform to the ASTM standards, the state department of
transportation road and bridge specifications, as amended, and the Virginia Uniform
Statewide Building Code, as amended.
Sec. 110-316. - Inspection requirements.
Periodic inspections shall be performed by the city to ensure that the facilities are being
built in accordance with the plans and specifications.
(a) The Administrator, or any duly authorized agent of the Administrator, shall inspect the
land-disturbing activity during construction for:
(1) Compliance with the approved erosion and sediment control plan;
(2) Compliance with the approved stormwater management plan;
(3) Development, updating, and implementation of a pollution prevention plan; and
(4) Development and implementation of any additional control measures necessary to
address a TMDL.
(b) The Administrator, or any duly authorized agent of the Administrator, may, at
reasonable times and under reasonable circumstances, enter any establishment or any
property, public or private, for the purpose of obtaining information or conducting
surveys or investigations necessary in the enforcement of the provisions of this
division.
(c) In accordance with a performance bond with surety, cash escrow, letter of credit, any
combination thereof, or such other legal arrangement or instrument, the Administrator
may also enter any establishment or upon any property, public or private, for the
purpose of initiating or maintaining appropriate actions which are required by the
permit conditions associated with a land-disturbing activity when a permittee, after
proper notice, has failed to take acceptable action within the time specified.
(d) Pursuant to § 10.1-603.12:2 of the Code of Virginia, the Administrator may require
every VSMP authority permit applicant or permittee, or any such person subject to
VSMP authority permit requirements under this division, to furnish when requested
such application materials, plans, specifications, and other pertinent information as
may be necessary to determine the effect of his discharge on the quality of state
waters, or such other information as may be necessary to accomplish the purposes of
this division.
(e) Post-construction inspections of stormwater management facilities required by the
provisions of this division shall be conducted by the Administrator, or any duly
authorized agent of the Administrator, pursuant to the city's adopted and State Board
approved inspection program, and shall occur, at minimum, at least once every five (5)
years except as may otherwise be provided for in Section 110-317.
Sec. 110-317. - Long-term maintenance of permanent stormwater facilities.
(a) Provisions for long-term responsibility and maintenance of stormwater management
facilities and other techniques specified to manage the quality and quantity of runoff
are required by the Administrator, as referred to in Section 110-287(f). Maintenance
provisions shall be set forth in an instrument recorded in the local land records prior to
general permit termination, or earlier, as may be required by the Administrator and
shall at a minimum:
(1) Be submitted to the Administrator for review and approval prior to the
approval of the stormwater management plan;
(2) Be stated to run with the land;
(3) Provide for all necessary access to the property for purposes of maintenance
and regulatory inspections;
(4) Provide for inspections and maintenance and the submission of inspection and
maintenance reports to the Administrator; and
(5) Be enforceable by all appropriate governmental parties.
(b) Natural drainage channels on private property. Where natural drainage channels pass
through a landowner's property, it shall be the responsibility of the landowner to
maintain the natural channel in a manner which will not be detrimental to other
inhabitants of the city. No change shall be made in the contours of any land which
affects the course, width or elevation of any floodplain or natural or other drainage
channel in any manner which will obstruct, interfere with or change the drainage of
such land without providing adequate drainage in connection therewith, as approved
by the Administrator. The bounds of the natural stream channel are to be considered as
extending to the water level identified for the 100 year storm as defined in this
chapter. All natural stream modifications and maintenance are to be accomplished in
accordance with the city storm drainage facility specifications as they may be
promulgated by the Administrator and approved by the city council from time to time.
(c) Maintenance of facilities.
(1) The landowner and his successors in title to the facilities and the site served
thereby shall be responsible for the repair, replacement and other maintenance of
the facility.
(2) The landowner and his successors shall perform periodic maintenance on the
facilities and such other repairs, replacements or maintenance thereon as may be
required by the Administrator.
(3) The Administrator, his agent or representative, may inspect the facilities from time
to time to determine the necessity of repair, replacement or other maintenance
thereof.
(4) If the facilities are determined to be in need of repair, replacement or other
maintenance, the Administrator, his agent or representative, shall serve on the
landowner a written notice describing the condition of the facilities and specifying
the required repairs, replacements or other maintenance to be made to correct such
deficiencies.
(5) Any landowner aggrieved by the determination of the Administrator, his agent or
representative, may appeal such determination to the city in accordance with
Section 110-290 of this division.
(6) Upon refusal or neglect by the landowner or his successors to comply with the
repairs, replacements or other maintenance required by the Administrator, the city,
through its agents or employees, may repair, replace or otherwise maintain such
facilities.
(7) If the city, through its agents or employees, repairs, replaces or otherwise
maintains any facility after complying with the notice requirements of this section,
the costs or expenses thereof shall be charged to and paid by the landowner and/or
his successors and may be collected by the city as taxes and levies are collected.
(8) Every charge authorized by this section with which the landowner or his
successors has been assessed and which remains unpaid shall constitute a lien
against the property."
This ordinance shall become effective July, 1, 2014.
This ordinance shall become effective as provided by law.
INTRODUCED: October 22, 2013
PUBLIC HEARING: November 12, 2013
ENACTED: November 12, 2013
Mayor
/2/x13
Date
ATTEST:
fi7//
City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye