HomeMy WebLinkAboutJuly 14 2021 Board Work Session and Regular Meeting Minutes 1
MINUTES
WORK SESSION AND REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JULY 14, 2021
5:30 AND 7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice
Chairman; Blaine P. Dunn; Shawn L. Graber; Judith McCann-Slaughter;J. Douglas McCarthy; and
David D. Stegmaier were present.
Staff present: Mary Beth Price, Interim County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer;
Wyatt Pearson, Planning Director; Candice Perkins, Assistant Director of Planning; John Bishop,
Assistant Director of Planning-Transportation; Mark Cheran, Zoning & Subdivision Administrator;
Steve Majchrzak, Fire Chief; Joe Wilder, Director of Public Works; Jason Robertson, Director of
Parks and Recreation; Seth Thatcher, Commissioner of the Revenue; Mike Marciano, Director of
Human Resources; Patrick Fly, Assistant Director of Information Technologies; Clay Corbin,
NRADC Superintendent; Patrick Barker, EDA Director; and Ann W. Phillips, Deputy Clerk to the
Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the work session to order at 5:30 p.m.
WORK SESSION
The Board heard a presentation by Jimmy Carr of All Points Broadband regarding a
regional broadband initiative in partnership with the electric cooperatives.
The Board, staff, and Mr. Carr discussed the process for obtaining a VATI grant via the
regional approach and the possible amount of funds required to be committed by the County.
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County of Frederick, Virginia
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RECESS
At 6:33 p.m., Chairman DeHaven recessed the meeting.
REGULAR MEETING CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
INVOCATION
Pastor John Morrison, Fellowship Bible Church delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Wells led the Pledge of Allegiance.
ADOPTION OF AGENDA—APPROVED
Upon motion of Supervisor McCarthy, seconded by Supervisor Graber, the agenda was
adopted with one addition and one re-ordering of agenda items on a voice vote.
CITIZEN COMMENTS
Ron Madagan, Opequon District resident and member of the Parks and Recreation
Commission, asked the Board to let the citizens vote on the indoor aquatics facility issue.
Gary Longerbeam, Back Creek District resident and member of the Parks and Recreation
Commission, asked the Board to consider recommending putting the funding of an indoor aquatics
facility on the November 2 ballot.
Howard Means, Clarke County resident, spoke in support of an indoor aquatics facility and
its inclusion on the ballot.
Christine Taylor, Gainesboro District, noted the health and social benefits of an aquatics
center and said there was merit in allowing the residents to vote on the issue.
Bryan Nuri, Opequon District, said he was disappointed to see the Board's discussion at
the June 9 meeting regarding becoming a sanctuary county. He said the issue has become party
loyalty rather than doing the best for the residents of the county.
Joe Knight, Opequon District, spoke in support of an indoor aquatics facility and its
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County of Frederick, Virginia
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inclusion on the ballot.
Teresa Miller, Clarke County resident and Frederick County taxpayer, spoke in support of
an indoor aquatics facility and its inclusion on the ballot saying the project will help economic
development.
Steve Bauer, Back Creek District, spoke in support of an indoor aquatics facility and its
inclusion on the ballot.
Benjamin Roadneck, Shawnee District, spoke in support of an indoor aquatics facility and
its inclusion on the ballot.
Michael Webster, Red Bud District, spoke in support of an indoor aquatics facility and its
inclusion on the ballot.
ADOPTION OF CONSENT AGENDA—APPROVED
Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion
was seconded by Supervisor McCarthy and carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
-Approval of Minutes of June 9, 2021 Regular Meeting -CONSENT AGENDA APPROVAL
-Approval of Minutes of June 23, 2021 Special Meeting - CONSENT AGENDA APPROVAL
-Acceptance of Human Resources Committee Report of June 24, 2021 - CONSENT
AGENDA APPROVAL,Appendix 1
-Acceptance of Transportation Committee Report of June 28, 2021 - CONSENT
AGENDA APPROVAL,Appendix 2
-Acknowledgement of Receipt of Certified Copies of Abstract of Votes from
the Democratic Primary Election of June 8, 2021 —CONSENT AGENDA APPROVAL,Appendix 3
- Request to hold a Public Hearing: Ordinance to Amend §155-118 Meals Tax Ordinance—
CONSENT AGENDA APPROVAL
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- Request from the Commissioner of the Revenue for Refunds and Supplemental
Appropriations: CCAP Auto Lease Ltd—$5,109.95; JPMorgan Chase Bank NA—
$6,064.17; Old Castle APG NE, Inc. —$12,419.02; Toyota Lease Trust—$6,873.09;
Undisclosed Taxpayer— Disabled Veteran's Relief—$5,936.20
- Receipt of Committee Appointments Memo - CONSENT AGENDA APPROVAL
- Resolution Honoring Employee of the Month Dana Lichliter-CONSENT AGENDA APPROVAL
Employee of the Month Resolution
Awarded to:
Dana Lichliter
WHEREAS,the Frederick County Board of Supervisors recognizes that the County's employees are a
most important resource;and on September 9, 1992,the Board of Supervisors approved a resolution
which established the Employee of the Month award and candidates for the award may be nominated by
any County employee;and
WHEREAS,the Board of Supervisors upon recommendation by the Human Resources Committee selects
one employee from those nominated;and
WHEREAS,Dana Lichliter has been employed at the Frederick County Animal Shelter for over 14 years
and is currently a Senior Animal Caretaker supervising the daily operations of the shelter's cat population
including adoptions,administering shots,spaying and neutering,reading microchips,and routine
healthcare;and
WHEREAS,Dana works with rescue organizations to facilitate cat adoptions and actively assists with the
shelter's"Country Cat"program that places feral cats in farm homes;and
WHEREAS,recently,a co-worker with a history of allergic reactions suffered a serious allergic reaction
and Dana,following the co-worker's direction,retrieved a medical device which featured audio
instructions,listened to the instructions,and successfully administered the epinephrine;and
WHEREAS,Dana's ability to remain calm and act in a crisis resulted in her co-worker being transported
to a local emergency medical facility for treatment and a successful recovery.
NOW,THEREFORE BE IT RESOLVED,by the Frederick County Board of Supervisors this 14th day of
July 2021,that Dana Lichliter is hereby recognized as the Frederick County Employee of the Month for
June 2021; and
BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Dana Lichliter for her
outstanding performance and dedicated service and wishes her continued success in future endeavors;and
BE IT FINALLY RESOLVED that Dana Lichliter is hereby entitled to all of the rights and privileges
associated with this award.
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BOARD OF SUPERVISORS COMMENTS - None
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County of Frederick, Virginia
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COUNTY OFFICIALS
PRESENTATION OF RESOLUTION OF APPRECIATION TO DIXON WHITWORTH
Chairman DeHaven and Vice Chairman Wells presented to Dixon Whitworth a framed copy
of the resolution of appreciation honoring his service which was adopted by the Board in August of
2020.
PRESENTATION OF EMPLOYEE OF THE MONTH AWARD TO DANA LICHLITER
Chairman DeHaven and Vice Chairman Wells presented the June 2021 Employee of the
Month Award to Dana Lichliter.
SELECTION OF A FIRM FOR PUBLIC RADIO SYSTEM PROJECT MANAGEMENT -
APPROVED
Deputy County Administrator Tibbs explained the request for selection of a consultant firm
for public radio system project management. Supervisor McCarthy moved to authorize staff to
enter into a contract with Tusa Consulting pending final legal review by the County Attorney and
the outcome of the pending litigation. Supervisor Slaughter seconded the motion which carried on
a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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RESOLUTION TO ENTER INTO A REGIONAL BROADBAND INITIATIVE-APPROVED
Supervisor McCarthy referenced the opportunity presented by All Points Broadband at the
work session earlier in the meeting. He moved for approval of the resolution authorizing and
directing staff to execute the Regional Broadband MOU. Supervisor Graber seconded the motion
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County of Frederick, Virginia
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which carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
RESOLUTION
REGARDING EXECUTION OF
PHASE ONE MEMORANDUM OF UNDERSTANDING
WHEREAS,the Frederick County Board of Supervisors(the"Board")has identified expansion of
broadband access to all unserved locations within Frederick County(the"County')as a policy priority;
and
WHEREAS, access to broadband is critical for economic development and education,promotes social
equity and provides significant public benefits and opportunities for citizens of the County and; and
WHEREAS,the Board has reviewed that certain Phase One Memorandum of Understanding executed by
and between Virginia Electric and Power Company dba Dominion Energy Virginia,All Points
Broadband Partners,LLC and Shenandoah Valley Electric Cooperative,dated as of June 30,2021(the
"Regional Broadband MOU"); and
WHEREAS,the Board has determined that the approach set forth in the Regional Broadband MOU
represents a prudent and viable approach to achieving expanded broadband access within the County; and
WHEREAS,the County has been invited to execute the Regional Broadband MOU and thereby become a
Participating County.
NOW,THEREFORE,BE IT RESOLVED,that the Board has determined that the County should execute
the Regional Broadband MOU, and that the County Administrator is hereby authorized and directed to
execute the Regional Broadband MOU.
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ADDITION OF A CHIEF DEPUTY (RANGE12) POSITION UNDER THE
COMMISSIONER OF REVENUE—APPROVED
Vice Chairman Wells moved for approval of the addition of a Chief Deputy (Range12)
position under the Commissioner of Revenue. Supervisor Stegmaier seconded the motion which
carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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ADDITION OF A TECHNOLOGY ADMINISTRATIVE COORDINATOR (RANGE 8)
POSITION—APPROVED
Vice Chairman Wells moved for approval of the addition of a Technology Administrative
Coordinator (Range 8) position replacing the current Administrative Assistant position (Range 6)
under the Director of Information Technology. Supervisor Stegmaier seconded the motion which
carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
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REQUEST FROM THE PARKS AND RECREATION COMMISSION FOR A NOVEMBER 2, 2021,
BALLOT INITIATIVE FOR THE FUNDING OF AN INDOOR AQUATICS FACILITY— DENIED
Vice Chairman Wells moved to adopt the resolution for a November 2, 2021, ballot initiative
for the borrowing to fund an Indoor Aquatics Facility and Supervisor Stegmaier seconded the
motion.
Supervisor Graber moved to amend the motion to include verbiage for the ballot indicating
the cost per household to fund the project. Supervisor McCarthy seconded the motion. County
Attorney Williams clarified that the additional explanatory verbiage could not be placed on the ballot
but could be distributed prior to the election. The motion to amend carried on a recorded vote as
follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells No
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No
Judith McCann-Slaughter No
Supervisor Stegmaier spoke in favor of the amended motion. Supervisor Dunn spoke
about additional debt and operating costs. Supervisor Graber noted his preference for
public/private partnerships for such projects.
The amended motion to adopt the resolution for a November 2, 2021, ballot initiative for
the borrowing to fund an Indoor Aquatics Facility, including the generating of additional verbiage
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regarding costs to the taxpayer, failed on a recorded vote as follows:
Blaine P. Dunn No David D. Stegmaier Aye
Shawn L. Graber No Robert W. Wells Aye
J. Douglas McCarthy No Charles S. DeHaven, Jr. No
Judith McCann-Slaughter Aye
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PUBLIC HEARINGS (NON-PLANNING ISSUES)-
AN AMENDMENT TO THE FREDERICK COUNTY CODE, CHAPTER 143
STORMWATER/EROSION AND SEDIMENT CONTROL- APPROVED
Director of Public Works Joe Wilder explained that in July 2020, DEQ performed a required
program review for the erosion and sediment control program and determined there were parts of our
ordinance related to erosion and sediment control that needed updating and changes to comply with
state law.
Chairman DeHaven opened the public hearing.
No one spoke.
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved to repeal the existing Chapter 143 and readopt Frederick
County Code, Chapter 143 Stormwater/Erosion and Sediment Control as presented. The motion
was seconded by Supervisor Graber and carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
July 14,2021
The Board of Supervisors of Frederick County,Virginia hereby ordains that Chapter 143
(Stormwater/Erosion and Sediment Control)of the Code of Frederick County,Virginia be, and the same
hereby is,repealed in its entirety and readopted per the attached document.
Draft Storrnwater/Erosion and Sediment Control Ordinance
Frederick County,Virginia.—Proposed County Code Chapter 143
GENERAL REFERENCES
Building construction—See Chapter 52
Subdivision of land—See Chapter 144
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County of Frederick, Virginia
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Sewage disposal and sewars-See Chapter 161
Zoning—See Chapter 165
§143-100 Purpose
The Frederick County Board of Supervisors desires to protect the health,safety,welfare,and property of Frederick County residents
and businesses,and the quality of waters within the County.The Frederick County Board of Supervisors recognizes that
development tends to degrade these waters through erosion and sedimentation,increased flooding,stream channel erosion,and the
transport and deposition of waterborne pollutants.This degradation is due,in part,to increased stormwater runoff as property is
developed.Hence,as required by§62.1-44.15:27 Code of Virginia and in compliance with the Virginia State Water Control Board
requirements,the Frederick County Board of Supervisors has determined that it is in the public interest to establish requirements
which regulate the discharge of stormwater runoff from developments by integrating hydrologic and water quality functions into all
aspects of a development's design,landscape,and infrastructure.
A.The purpose of this ordinance is to establish minimum stormwater management anderosion and sediment control requirements
which:
1.Reduce flood damage to property;minimize the impacts of increased stormwaterrunoff from new land development.
2.Maintain the hydraulic adequacy of existing and proposed culverts,bridges,dams,and other structures.
3.Prevent,to the greatest extent feasible,an increase in nonpoint source pollution.
4.Maintain the integrity of stream channels for their biological functions anddrainage.
5.Maintain natural drainage patterns to the extent practicable to promote existinghydrologic processes.
6.Promote infiltration of stormwater to recharge groundwater resources.
7.Minimize the impact of development upon stream erosion.
8.Preserve and protect water supply facilities from increased flood discharges,stream erosion,and nonpoint source pollution.
9.Establish provisions for long-term responsibility for and maintenance of stormwater management control devices and techniques
to manage the quality and quantity of stormwater runoff.
10.Provide effective control of soil erosion and sediment deposition and to prevent the unreasonable degradation of properties,
stream channels,waters,and other natural resources.
B.This ordinance supplements and is to be applied in conjunction with Frederick County building code,subdivision,and zoning
ordinances as they apply to the development or subdivision of land within the county.
§143-105 Authority
A.This chapter is authorized by the Code of Virginia,Title 62.1,Chapter 3.1,Article 2.4(§62.1-44.15.51 et seq.),known as the
Virginia Erosion and Sediment Control Law;and Title 62.1 Chapter 3.1,Article 2.3(§62.1-44.15.24 et seq.),known as the Virginia
Stormwater Management Act.
B.Pursuant to the Code of Virginia§62.1-44.15:54,the Frederick County Public Works Department is designated as the Virginia
Erosion and Sediment Control Program(VESCP)Authority to operate a Virginia Erosion and Sediment Control Program in
Frederick County,Virginia and for the Towns of Middletown and Stephens City in compliance with all required elements hereto.
C.Pursuant to the Code of Virginia§62.1-44.15:27,the Frederick County Public Works Department is designated as a Virginia
Stormwater Management Program(VSMP)authority to operate a Virginia Stormwater Management Program in Frederick County,
Virginia and for the Towns of Middletown and Stephens City in compliance with all required elements hereto.
§143-110 Definitions
In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater Management Program(VSMP)Regulations,
9VAC25-840-10 of the Virginia Erosion and Sediment Control(VESC)Regulations,and 9VAC25-850-10 of the Virginia Erosion
and Sediment Control and Stormwater Management Certification(VSMC)Regulations,which are expressly adopted and
incorporated herein by reference,the following words and terms used in this chapter have the following meanings for the purposes
of this chapter,unless the context clearly indicates otherwise.
ADMINISTRATOR
The Virginia Stormwater Management Program(VSMP)authority and Virginia Erosion and Sediment Control(VESCP)Authority
has been designated to the Frederick County Public Works Department responsible for administering the VSMP and VESCP on
behalf of Frederick County,Virginia.
AGREEMENT IN LIEU OF PLAN
A contract between the VESCP authority and the owner that specifies conservation measures that must be implemented in the
construction of a single-family residence.This contract may be executed by the VESCP authority in lieu of a formal site plan for the
residence.
AGREEMENT IN LIEU OF STORMWATER MANAGEMENT PLAN
A contract between the VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with
the requirements of a VSMP for the construction of a single-family residence;such contract may be executed by the VSMP
authority in lieu of a stormwater plan.
APPLICANT
Any person applying for a land disturbance permit and/or a stormwater permit or any person submitting an erosion and sediment
control plan for approval or any person submitting a stormwater management plan for approval.
BEST MANAGEMENT PRACTICE or BMP
Schedules of activities,prohibitions of practices,including both structural and nonstructural 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.
BEST MANAGEMENT PRACTICE IMPLEMENTATION PLAN or BMP IMPLENTATION PLAN
Is a site-specific design plan for the implementation of BMPs on an individual single-family lot or other parcel with less than one
acre of land disturbance within a larger common plan of development.The BMP Implementation Plan provides detailed information
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on the implementation of the SWM pollutant load and volume reduction BMP and other requirements for the individual lot or parcel
as detailed in the SWPPP and SWM plans of the VSMP Permit for the larger common plan of development.
BOARD
The Virginia State Water Control Board.
CERTIFICATE OF COMPETENCE
A certificate of competence,issued to an individual from the Board,or successful completion,within one year after enrollment,of
the Board's training program for:
A.Project inspection for ESC;
B.Project inspection for SWM;
C.Plan review for ESC,or is licensed as a professional engineer,architect,certified landscape architect or land surveyor pursuant to
Article 1(§54.1-400 et seq.)of Chapter 4 of Title 54.1 of the Code of Virginia;
D.Plan review for SWM;
E.Program administration for ESC;
F.Administration for SWM;
Responsible land disturber,or is licensed as a professional engineer,architect,certified landscape architect or land surveyor
pursuant to Article 1(§54.1-400 et seq.)of Chapter 4 of Title 54.1 of the Code of Virginia.
CHANNEL
A natural or man-made waterway.
CLEAN WATER ACT OR CWA
The federal Clean Water Act(33 USC§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.
CLEARING
Any activity which removes vegetative ground cover including,but not limited to,root material removal or top-soil removal.
COMMENCEMENT OF LAND DISTURBANCE
The initial disturbance of soils associated with clearing,grading,or excavating activities or other construction activities(e.g.,
stockpiling of soil fill material).
COMMON PLAN OF DEVELOPMENT
The contiguous area of a proposed residential,commercial,or industrial subdivision where the timing of the development of any
one or multiple lots or parcels may result in separate and distinct construction activities taking place at different times on different
schedules.
CONTROL MEASURE
Any best management practice or stormwater facility other method used to prevent or reduce the discharge of pollutants to surface
waters.
COUNTY
County of Frederick,Virginia.
DEPARTMENT
The Department of Environmental Quality.
DESIGN STORM
For purposes of addressing quantity control provisions of§143-165 means the one-year,two-year,10-year,24-hour design storms
as defined in§143-145.E.The design storm for purposes of complying with the water quality provisions of§143-165.0 is the one-
inch rainfall depth as applied with the"Virginia Runoff Reduction Method"
DEVELOPMENT
Either or both of the following:
A.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.
B.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 units.
DIRECTOR
The Director of Frederick County Public Works or assigned designee.
DRAINAGE AREA
A land area,water area,or both from which runoff flows to a common point.
EROSION AND SEDIMENT CONTROL(ESC)PLAN OR PLAN
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 to ensure that the
entire unit or units of land will be so treated to achieve the conservation objectives.
EROSION CONROL HANDBOOK
The Virginia Erosion and Sediment Control handbook and/or a locally adopted erosion and sediment control handbook with such
amendments,modifications and supplements as may,from time to time,be properly adopted.
EROSION IMPACT AREA
An area of land not associated with current activity but subject to persistent soil erosion resulting in the delivery of sediment onto
neighboring properties or into state waters.This definition shall not apply to any lot or parcel of land of 10,000 square feet or less
used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes.
EXCAVATING
Any digging,scooping or other methods of removing earth materials.
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FILLING
Any depositing or stockpiling of earth materials.
FINAL STABILIZATION
One of the following situations has occurred:
A.All soil disturbing activities at the site have been completed and a permanent vegetative cover has been established on denuded
areas not otherwise permanently stabilized.Permanent vegetation shall not be considered established until a ground cover is
achieved that is uniform(e.g.,evenly distributed),mature enough to survive,and will inhibit erosion.
B.For individual lots in residential construction,final stabilization can occur by either:
i.The homebuilder completing final stabilization as specified in Subsection A of this definition;or
ii.The homebuilder establishing temporary stabilization,including perimeter controls for an individual lot prior to occupation of the
home by the homeowner,and informing the homeowner of the need for,and benefits of,final stabilization.
C.For construction projects on land used for agricultural purposes(e.g.,pipelines across crop or range land),final stabilization may
be accomplished by returning the disturbed land to its preconstruction agricultural use.Areas disturbed that were not previously
used for agricultural activities,such as buffer strips immediately adjacent to surface waters,and areas that are not being returned to
their preconstruction agricultural use must meet the final stabilization criteria specified in Subsection A of this definition.
FLOOD-FRINGE
The portion of the floodplain outside the floodway that is usually covered with water from the 100-year flood or storm event.This
includes,but is not limited to,the flood or floodway fringe designated by the Federal Emergency Management Agency.
FLOODING
A volume of water that is too great to be confined within the banks or walls of the stream,water body or conveyance system and
that overflows onto adjacent lands,thereby causing or threatening damage.
FLOODPLAIN
The area adjacent to a channel,river,stream,or other water body that is susceptible to being inundated by water normally associated
with the 100-year flood or storm event.
This includes,but is not limited to,the floodplain designated by the Federal Emergency Management Agency.
FLOOD-PRONE AREA
The component of a natural or restored stormwater conveyance system that is outside the main channel.Flood-prone areas may
include,but are not limited to,the floodplain,the floodway,the flood fringe,wetlands,riparian buffers,or other areas adjacent to
the main channel.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas,usually associated with flowing water,that must be reserved
to discharge the 100-year flood or storm event without cumulatively increasing the water surface elevation more than one foot.This
includes,but is not limited to,the floodway designated by the Federal Emergency Management Agency.
GENERAL PERMIT
A state permit authorizing a category of discharges under the CWA and the Act within a geographical area.
GRADING
Any excavating or filling of earth material or any combination thereof,including the land in its excavated or filled conditions.
HYDROLOGIC UNIT CODE or HUC
A watershed unit established in the most recent version of Virginia's 6th Order National Watershed Boundary Dataset.
IMMEDIATELY As soon as practicable,but no later than that end of the next workday,following the day when the land-disturbing
activities have temporarily or permanently ceased.hi the context of this permit issued under this chapter,"immediately"is used to
define the deadline for initiating stabilization measures.
IMPAIRED WATERS
Surface waters identified as impaired on the most recent Water Quality Assessment Integrated Report.
IMPERVIOUS COVER
A surface composed of material that significantly impedes or prevents natural infiltration of water into soil.
INFEASIBLE
Not technologically possible or not economically practicable and achievable in light of best industry practices.
INITIATION OF STABILIZATION ACTIVIES:
A.Prepping the soil for vegetative or non-vegetative stabilization;
B.Applying mulch or other non-vegetative product to the exposed area;
C.Seeding or planting the exposed area;
D.Starting any of the above activities on a portion of the area to be stabilized,but not on the entire area;or
E.Finalizing arrangements to have the stabilization product fully installed in compliance with the applicable deadline for
completing stabilization.
INSPECTION
An on-site review of the project's compliance with the VESCP authority land-disturbing permit or VSMP authority permit,and any
applicable design criteria,or an on-site review to obtain information or conduct surveys or investigations necessary in the
implementation or enforcement of this chapter.
KARST AREA
Any land area predominantly underlain at the surface or shallow subsurface by limestone,dolomite,or other soluble bedrock
regardless of any obvious surface karst features.
KARST FEATURES
Sinkholes,sinking and losing streams,caves,large flow springs,and other such landscape features found in karst areas.
LAND DISTURBANCE or LAND-DISTURBING ACTIVITY
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Any man-made change to the land surface that potentially changes its runoff characteristics,including,but not limited to clearing,
grading,or excavation,except that the term shall not include those exemptions specified in§62.1-414.15:34 and§62.1-44.15:51,
Code of Virginia and in this chapter.
LAND DISTURBING PERMIT or APPROVAL
A permit or other form of approval issued by the County for the clearing,filling,excavating,grading,transporting of land or for any
combination thereof or for any similar activity.
LAYOUT
A conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval.
LOCALIZED FLOODING
Smaller-scale flooding that may occur outside of a stormwater conveyance system.This may include high water,ponding,or
standing water from stormwater runoff,which is likely to cause property damage or unsafe conditions.
MAIN CHANNEL
The portion of the stormwater conveyance system that contains the base flow and small frequent storm events.
MAJOR MODIFICATION
For the purposes of this chapter,the modification or amendment of an existing state permit before its expiration that is not a minor
modification as defined in this regulation.
MAN-MADE
Constructed by man.
MEASURABLE STORM EVENT
A storm event resulting in an actual discharge from the construction site.
MINOR MODIFICATION
For the purposes of this chapter,minor modification or amendment of an existing state permit before its expiration for the reasons
listed at 40 CFR 122.63 and as specified in 9VAC25-870-640.Minor modification for the purposes of this chapter also means other
modifications and amendments 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 state permit modification or amendment does not substantially
alter state 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.
NATURAL CHANNEL DESIGN CONCEPTS
The utilization of engineering analysis based on fluvial geomorphic processes to create,rehabilitate,restore,or stabilize an open
conveyance system for the purpose of creating or recreating a stream that conveys its bank full storm event within its banks and
allows larger flows to access its floodplain.
NATURAL STREAM
A tidal or non-tidal watercourse that is part of the natural topography.It 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 utilizing natural channel design concepts may
be considered natural streams.
OPERATOR
The owner or operator of any facility or activity subject to regulation under this Ordinance.
OWNER
The owner or owners of the freehold of the premises or lesser estate therein,mortgagee or vendee in possession,assignee of rents,
receiver,executor,trustee,lessee,or other person,firm,or corporation in control of a property.
PEAK FLOW RATE
The maximum instantaneous flow from a prescribed design storm at a particular location.
PERCENT IMPERVIOUS
The impervious area within the site divided by the area of the site multiplied by 100.
PERMIT or VSMP AUTHORITY PERMIT
An approval to conduct a land-disturbing activity issued by the Frederick County Public Works Department,the permit-issuing
VSMP authority,for the initiation of a land-disturbing activity after evidence of coverage under the General Permit for Discharges
of Stormwater from Construction Activities found in 9VAC25-880 et seq.of the Virginia Stormwater Management Program
Regulations has been provided.A person shall not conduct any land disturbing activity until he has submitted a permit application to
the VSMP authority that includes a state VSMP permit registration statement,if such statement is required,a stormwater
management plan or an executed agreement in lieu of a stormwater plan and has obtained VSMP authority approval to begin land
disturbance.
PERMITTEE
The person to whom the land-disturbing permit or approval is issued,and/or the person to whom the VSMP permit is issued,and/or
the person who certifies that the approved erosion and sediment control plan will be followed and/or the person who certifies that
the approved stormwater plan will be followed.
PERSON
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.
POINT OF DISCHARGE
A location at which concentrated stormwater runoff is released.
POST-DEVELOPMENT
Refers to conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a
specific site.
PRE-DEVELOPMENT
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Refers to the conditions that exist at the time that plans for the land development of a tract of land are submitted to the plan approval
VSMP authority.Where phased development or plan approval occurs(preliminary grading,demolition of existing structures,roads,
and utilities,etc.),the existing conditions at the time prior to the first item being submitted shall establish predevelopment
conditions.
PRIOR DEVELOPED LAND
Land that has been previously utilized for residential,commercial,industrial,institutional,recreation,transportation or utility
facilities or structures,and that will have the impervious areas associated with those uses altered during a land-disturbing activity.
QUALIFIED PERSONNEL
A person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls who
possesses the skills to assess conditions at the construction site for the operator that could impact stormwater quality and quantity
and who assesses the effectiveness of any sediment and erosion control measures or stormwater management facilities selected to
control the quality and quantity of stormwater discharges from the construction activity.
REGULATIONS
The Virginia Stormwater Management Program(VSMP)Regulations,9VAC25-870-10,et seq,as amended,the Virginia Erosion
and Sediment Control Regulations 9VAC25-840-10,et seq,as amended,or the General VPDES Permit regulations,9VAC25-880-
10,et seq,as amended.
RESPONSIBLE LAND DISTURBER
An individual from the project or development team,who will be in charge and responsible for carrying out a land-disturbing
activity covered by an agreement in lieu of a plan,when applicable,or an approved erosion and sediment control plan,who:
A.holds a certificate of competence as a responsible land disturber,or
B.holds a current certificate of competence from the Board in the area of inspection,or
C.holds a current contractor certificate of competence for erosion and sediment control,or
D.is licensed in Virginia as a professional engineer,architect,certified landscape architect or land surveyor pursuant to Section
§54.1-400 et seq.of Chapter 4 of Title 54.1 of the Code of Virginia.
RUNOFF or STORMWATER RUNOFF
That portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways.
RUNOFF CHARACTERISTICS
Include maximum velocity,peak flow rate,volume,and flow duration.
RUNOFF VOLUME
The volume of water that runs off the site from a prescribed design stone.
SINGLE FAMILY RESIDENCE
A non-commercial dwelling that is designed to be occupied exclusively by one family.
SITE
The land or water area where any facility or activity is physically located or conducted,a parcel of land being developed,or a
designated area of a parcel in which the land development project is located.Also,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.
SITE HYDROLOGY
The movement of water on,across,through and off the site as determined by parameters including,but not limited to,soil types,soil
permeability,vegetative cover,seasonal water tables,slopes,land cover,and impervious cover.
STATE
The Commonwealth of Virginia.
STATE PERMIT
An approval to conduct a land-disturbing activity issued by the Board in the form of a state stormwater individual permit or
coverage issued under a state general permit or an approval issued by the Board for stormwater discharges from a Municipal
Separate Storm Sewer Systems(MS4).Under these state permits,the State imposes and enforces requirements pursuant to the
federal Clean Water Act and regulations,the Act,and this chapter.As the mechanism that imposes and enforces requirements
pursuant to the federal Clean Water Act and regulations,a state permit for stormwater discharges from an MS4 and,after June 30,
2014,a state permit for conducting a land-disturbing activity issued pursuant to the Virginia Stormwater Management Act,are also
types of Virginia Pollutant Discharge Elimination System(VPDES)Permits."State permit"does not include any state permit that
has not yet been the subject of final Board action,such as a draft state permit.Approvals issued pursuant to this chapter,9VAC25-
880,and 9VAC25-890 are not issuances of a permit under§62.1-44.15.01 of the Code of Virginia.
STATE WATERS
All water,on the surface and under the ground,wholly or partially within or bordering the Commonwealth or within its jurisdiction,
including wetlands.
STORMWATER
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 CONVEYANCE SYSTEM
A combination of drainage components that are used to convey stormwater discharge,either within or downstream of the land-
disturbing activity.This includes:
A.MAN-MADE STORMWATER CONVEYANCE SYSTEM
A pipe,ditch,vegetated swale,or other stormwater conveyance system constructed by man except for restored stonnwater
conveyance systems;
B.NATURAL CONVEYANCE SYSTEM
The main channel of a natural stream and the flood-prone area adjacent to the main channel;or
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C.RESTORED CONVEYANCE SYSTEM
A stormwater conveyance system that has been designed and constructed using natural channel design concepts.Restored
stormwater conveyance systems include the main channel and the flood-prone area adjacent to the main channel.
STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY
A discharge of stormwater runoff from areas where land-disturbing activities(e.g.,clearing,grading,or excavation);construction
materials or equipment storage or maintenance(e.g.,fill piles,borrow area,concrete truck washout,fueling);or other industrial
stormwater directly related to the construction process(e.g.,concrete or asphalt batch plants)are located.
STORMWATER MANAGEMENT CONCEPT PLAN
Documents developed at the preliminary plan,zoning,or other state of the development process that establish the initial layout of
the development along with sufficient information to ensure that the final development stormwater management plan will comply
with this chapter.
STORMWATER MANAGEMENT FACILITY
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
Documents containing material for describing methods for complying with the requirements of this ordinance and the VSMP Permit
regulations.
STORMWATER POLLUTION PREVENTION PLAN or SWPPP
Documents prepared in accordance with good engineering practices and that identify potential sources of pollutants that may
reasonably be expected to affect the quality of stormwater discharges from the construction site.In addition,the document shall
identify and require the implementation of control measures,and shall include,but not be limited to the inclusion of,and/or the
incorporation by reference of an approved erosion and sediment control plan,an approved stormwater management plan,and a
pollution prevention plan.
STORMWATER POLLUTION PREVENTION PLAN TEMPLATE or SWPPP TEMPLATE
Documents intended to be used for single family residential construction activity that disturbs less than one acre of land and is part
of a larger common plan of development to identify all applicable requirements of the SWPPP that was developed for the larger
common plan of development.
SUBDIVISION
The same as defined in the Frederick County Subdivision Ordinance(Chapter 144 of Frederick County,Virginia Code).
SURFACE WATERS
A.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;
B.All interstate waters,including interstate wetlands;
C.All other waters such as intrastate lakes,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:
1.That is used or could be used by interstate or foreign travelers for recreational or other purposes;
2.From which fish or shellfish are or could be taken and sold in interstate or foreign commerce;or
3.That is used or could be used for industrial purposes by industries in interstate commerce.
D.All impoundments of waters otherwise defined as surface waters under this definition;
E.Tributaries of waters identified in Subsections A through D of this definition;
F.The territorial sea;and
G.Wetlands adjacent to waters(other than waters that are themselves wetlands)identified in Subsections A through F of this
definition.
TOTAL MAYJMUM DAILY LOAD or TMDL
The sum of the individual wasteload allocations for point sources,load allocations for nonpoint 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 nonpoint source trade-offs.
TOWN
Either of the incorporated Towns of Middletown or Stephens City.
VIRGINIA EROSION AND SEDIMENT CONTROL PERMIT PROGRAM AUTHORITY
The County,which has adopted a soil erosion and sediment control program that has been approved by the Board,is the Virginia
Erosion and Sediment Control Permit Program Authority for issuance of land disturbing permits,plan review,inspections,and
enforcement of compliance with applicable laws and regulations,in the County and in the Towns of Middletown and Stephens City.
VIRGINIA EROSION AND SEMIENT CONTROL PROGRAM or VESCP
A program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion,sediment
deposition,and non-agricultural run-off associated with a land disturbing activity to prevent the unreasonable degradation of
properties,stream channels,waters,and other natural resources and shall include items where applicable 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 article,and evaluation consistent with the requirements of this article and
its associated regulations.
VIRGINA EROSION AND SEDIMENT CONTROL PROGRAM(VESCP)LAND DISTURBANCE or VESCP LAND-
DISTURBING ACTIVITY
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,
except that the term shall not include:
A.Minor land-disturbing activities such as home gardens and individual home landscaping,repairs and maintenance work;
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B.Individual service connections;
C.Installation,maintenance,or repair of any underground public utility lines when such activity occurs on an existing hard surfaced
road,street or sidewalk provided the land-disturbing activity is confined to the area of the road,street or sidewalk that is hard
surfaced;
D.Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the
building to be served by the septic tank system;
E.Permitted surface or deep mining operations and projects,or oil and gas operations and projects conducted pursuant to Title 45.1;
F.Tilling,planting,or harvesting of agricultural,horticultural,or forest crops,livestock feedlot operations,or as additionally set
forth by the Board in regulation,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 the Code of
Virginia;
G.Repair or rebuilding of the tracks,right-of-way,bridges,communication facilities and other related structures and facilities of a
railroad company;
H.Agricultural engineering operations,including but not limited to the construction of terraces,terrace outlets,check dams,
desilting basins,dikes,ponds not required to comply with the provisions of the Dam Safety Act,Article 2(§10.1-604 et seq.)of
Chapter 6 of Title 10.1 of the Code of Virginia,ditches,strip cropping,lister furrowing,contour cultivating,contour furrowing,land
drainage and land irrigation;
I.Disturbed land areas of less than 10,000 square feet in size;however,the governing body of the program authority may reduce
this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply;
J.Installation of fence and signposts or telephone and electric poles and other kinds of posts or poles;
K.Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of
and approved by local wetlands boards,the Marine Resources Commission or the United States Army Corps of Engineers;however,
any associated land that is disturbed outside of this exempted area shall remain subject to this and the regulations adopted pursuant
thereto;and
L.Emergency work to protect life,limb or property,and emergency repairs;however,if the land-disturbing activity would have
required an approved erosion and sediment control plan,if the activity were not an emergency,then the land area disturbed shall be
shaped and stabilized in accordance with the requirements of the VESCP authority.
VIRGINIA STORMWATER BMP CLEARINGHOUSE WEBSITE
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 ACT or ACT
Article 2.3(§62.1-44.15:24 et seq.)of Chapter 3.1 of Title 62.1 of the Code of Virginia.
VIRGINIA STORMWATER MANAGEMENT HANDBOOK
A collection of pertinent information that provides general guidance for compliance with the Act and associated regulations and is
developed by the department with advice from a stakeholder advisory committee.
VIRGINIA STORMWATER MANAGEMENT PROGRAM or VSMP
The program established by the County and approved by the Board to manage the quality and quantity of runoff resulting from land-
disturbing activities and includes the County's local ordinance and requirements for plan review,inspection,enforcement,permit
requirements,policies and guidelines,and technical materials.
VIRGINIA STORMWATER MANAGEMENT PROGRAM AUTHORITY or VSMP AUTHORITY
The County,which has adopted a stormwater management program that has been approved by the Board,is the VSMP Authority
for issuance of VSMP authority permits,plan review,inspections,and enforcement of compliance with applicable laws and
regulations,in the County and in the Towns of Middletown and Stephens City.
A program approved by the Board after September 13,2011,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 the Act and associated regulations,and evaluation consistent with the requirements of the Act and associated
regulations.
VIRGINIA STORMWATER MANAGEMENT PROGRAM(VSMP)LAND DISTURBANCE or VSMP LAND-DISTURBING
ACTIVITY
A manmade change to the land surface that potentially changes its runoff characteristics including clearing,grading,or excavation,
except that the term shall not include:
A.Permitted surface or deep mining operations and projects,or oil and gas operations and projects conducted under the provisions
of Title 45.1;
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 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 the Code of Virginia;
C.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;
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D.Land-disturbing activities that disturb less than one acre of land area except for activities that are part of a larger common plan of
development or sale that is one acre 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;
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.hi such situations,the VSMP authority shall be advised of the
disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of
§143-130,including a registration statement that substantiates the occurrence of an emergency,is required within 30 days of
commencing the land-disturbing activity.
VSMP CONSTRUCTION GENERAL PERMIT or CONSTRUCTION GENERAL PERMIT
The General Permit for Discharges of Stormwater from Construction Activities found in 9VAC25-880 of the Virginia Stormwater
Management Program Regulations
WASTELOAD ALLOCATION or WASTELOAD or WLA
The portion of a receiving surface water's loading or assimilative capacity allocated to one of its existing or future point sources of
pollution.WLAs are a type of water quality-based effluent limitation.
WATERSHED
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.hi karst areas,the karst feature to which the water drains may be considered the single
outlet for the watershed.
WETLANDS
Those areas that are inundated or saturated by surface 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.Wetlands
generally include swamps,marshes,bogs,and similar areas.
§143-125 Permits Required and Exemptions
A.No person shall conduct a VESCP land-disturbing activity as defined in§143-110 until the County land disturbing permit has
been obtained from the Administrator and maintains in good standing,a permit entitling such person and any contractor or agent of
such person to conduct such activity.No permit involving land-disturbing activity will be issued without an approved erosion and
sediment control plan by Frederick County and certification that the plan will be carried out by the designated Responsible Land
Disturber.Prior to initiating grading or other on-site activities on any portion of a lot or parcel,all associated permits required by
Federal.State and local laws and regulations shall be obtained,and evidence of such permits submitted to the County.
Reference:§62.1-44.15.55
B.No person shall conduct a VSMP land disturbing activity as defined in§143-110 until a Frederick County land disturbing permit
as required in Subsection A and a VSMP authority permit has been obtained from the Administrator and maintains in good standing,
a permit entitling such person and any contractor or agent of such person to conduct such activity.No permit involving a VSMP
land-disturbing activity will be issued without an approved stormwater plan the County.
Reference:§62.1-44.15.34.A
§143-130 Permit Application
A.Prior to issuance of a Frederick County land-disturbing permit for a VESCP land-disturbing activity,the following items must be
submitted in accordance with the provisions of this chapter and approved:
1.Completed Frederick County land disturbing permit application;
2.The approved erosion and sediment control plan or an executed agreement-in-lieu of an erosion and sediment control plan;
3.The performance bond(s)in compliance with§143-240;
4.The applicable permit fee;
5.Completed Land Disturbance Permit Fee Calculation Form;
6.All applicable outside agency approvals;and
7.Copies of all applicable local,state,and federal permits.
B.Prior to issuance of a Frederick County VSMP permit for a VSMP land-disturbing activity the following items must be submitted
in accordance with the provisions of this chapter and approved:
1.The requirements of a land-disturbing permit application of Subsection A;
2.A Stormwater Pollution Prevention Plan(SWPPP)to include all required elements applicable to a VSMP land-disturbing activity;
3.A stormwater management plan or an executed agreement in lieu of a plan that complies with Virginia stormwater requirements
and the County stormwater requirements as outlined in this regulation;
4.A VSMP Authority permit application/registration statement if such statement is required.A person shall not conduct any land-
disturbing activity until he has submitted a permit application to the VSMP authority that includes a state VSMP permit statement if
such statement is required.A registration statement is not required for a detached single-family home construction within or outside
of a common plan of development or sale,but such projects must adhere to the requirements of the general permit;(§62.1-
44.15:28.8)
5.All applicable fees;and
6.Evidence of coverage under the state general permit for discharges from construction activities through the state electronic
database.
Reference:9VAC25-870-59;9VAC25-870-108;9VAC25-870-750;62.1-44.15:34
C.Prior to issuing coverage under an existing VSMP Authority permit for a land-disturbing activity within a common plan of
development,the following items must be addressed:
1.The requirements of a Frederick County land-disturbing permit application of Subsection A;
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2.A Stormwater Pollution Prevention Plan(SWPPP)to include all required elements applicable to a VSMP and disturbing activity,
or when the area of disturbance is less than one acre,a SWPPP Template and a BMP Implementation Plan consistent with the BMP
performance goals of the common plan of development;and
3.A stormwater management plan that complies with Virginia stormwater requirements and the County stormwater requirements as
outlined in this regulation.
D.Whenever a land-disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a
construction contract,the preparation and submission of plans,obtaining approval of the required plans,and obtaining all required
permits shall be the responsibility of the owner of the land.
Reference:§62.1-44.15.34;9VAC25-870-54;9VAC25-870-108;9VAC25-870-1170
§143-145 Applicable Design Standards,Specifications and Methods
A.The standards contained within the Virginia Erosion and Sediment Control Regulations(VESCR),the Virginia Erosion and
Sediment Control Handbook(VESCH)(latest edition),the Virginia Stonnwater Management Handbook(VSMH)(latest edition),
and any additional guidance provided by the VSMP Authority are to be used by the applicant in the preparation and submission of
an erosion and sediment control plan,and by the VSMP Authority in considering the adequacy of a plan submittal.When the
standards vary between the publications,the state regulations shall take precedence unless otherwise noted in this chapter.
B.The latest approved version of BMPs found on the Virginia Stormwater BMP Clearinghouse Website or the Virginia DEQ
website shall be utilized to effectively reduce the pollutant load and runoff volume as required in this chapter in accordance with the
Virginia Runoff Reduction Method.
Reference:9VAC25-870-65
C.The erosion and sediment control plan and stonnwater management plan shall consider all sources of surface runoff and all
sources of subsurface and groundwater flows converted to surface run-off.
Reference:9VAC25-870-55 A
D.Proposed residential,commercial,or industrial subdivisions shall apply these stormwater management criteria to the
development project as a whole.Individual lots or parcels shall not be considered separate development projects,but rather the
entire subdivision shall be considered a single development project.Hydrologic parameters shall reflect the ultimate development
and shall be used in all engineering calculations.hmplementation of the plan may be phased or carried out by individual or separate
applicants as referenced in§143-130.C.
E.Unless otherwise specified,the following shall apply to the hydrologic computations of this section:
1.The prescribed design storms are the 1-year,2-year,10-year and 100-year 24-hour storms using the site-specific rainfall
precipitation frequency data recommended by the U.S.National Oceanic and Atmospheric Administration(NOAA)Atlas 14 and
provided in the VA SWM Handbook.
2.All hydrologic analyses shall be based on the existing watershed characteristics and how the ultimate development condition of
the subject project will be addressed.
3.The U.S.Department of Agriculture's Natural Resources Conservation Service(MRCS)synthetic 24-hour rainfall distribution and
models,including,but not limited to TR-55 and TR-20,hydrologic and hydraulic methods developed by the U.S.Army Corps of
Engineers,or other NRCS standard hydrologic and hydraulic methods,shall be used to conduct the analyses described in this part.
4.For purposes of computing predevelopment runoff,all pervious lands on the site shall be assumed to be in good hydrologic
condition in accordance with the U.S.Department of Agriculture's Natural Resources Conservation Service(NRCS)standards,
regardless of conditions existing at the time of computation.
5.Pre-development and post-development runoff characteristics and site hydrology shall be verified by site inspections,topographic
surveys,available soil mapping or studies,and calculations consistent with good engineering practices.Guidance provided in the
Virginia Stormwater Management Handbook and by the Virginia Stormwater BMP Clearinghouse shall be considered appropriate
practices.
Reference:9VAC25-870-72
6.All proposed sediment control or stormwater impounding structures shall be designed in accordance with State standards.
Reference:9VAC25-870-85
§143-148 Grandfathering provisions
A.Any VSMP land-disturbing activity shall be considered grandfathered by the VSMP authority and shall be subject to the Part II
C(9VAC25-870-93 et seq.)technical criteria of this chapter provided:
1.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 locality to be equivalent thereto(i)was approved by the locality prior to July 1,
2012,(ii)provided a layout as defined in 9VAC25-870-10,(iii)will comply with the Part II C technical criteria of this chapter,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.A state permit has not been issued prior to July 1,2014;and
3.Land-disturbance did not commence prior to July 1,2014.
B.Locality,state,and federal projects shall be considered grandfathered by the VSMP authority and shall be subject to the Part II C
technical criteria of this chapter provided:
1.There has been an obligation of locality,state,or federal funding,in whole or in part,prior to July 1,2012,or the department has
approved a stormwater management plan prior to July 1,2012;
2.State permit has not been issued prior to July 1,2014;and
3.Land disturbance did not commence prior to July 1,2014.
C.Land disturbing activities grandfathered under Subsections A and B of this section shall remain subject to the Part II C technical
criteria of this chapter for one additional state permit cycle.After such time,portions of the project not under construction shall
become subject to any new technical criteria adopted by the Board.
D.In cases where governmental bonding or public debt fmancing has been issued for a project prior to July 1,2012,such project
shall be subject to the technical criteria of Part II C.
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E.Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion.
References:9VAC25-870-48,§62.1-44.15:25,62.1-44.15:28
§143-150 Stormwater Pollution Prevention Plan Components and Applicability
For each of the following activities as may be relevant,a stormwater pollution prevention plan(SWPPP)shall contain the indicated
components:
A.VESCP Activities:
1.General SWPPP requirements as described in§143-155;
2.An erosion and sediment control(ESC)plan or if single-family residential construction an agreement in lieu of an ESC plan as
described in§143-160.
B.VSMP land-disturbing activities:
1.General SWPPP requirements as described in§143-155;
2.An ESC plan or if single-family residential construction an agreement in lieu of an ESC plan as described in§143-160;
3.A SWM plan as described in§143-165;and
4.A PPP plan as described in§143-175.
C.VSMP land-disturbing activities part of a larger Common Plan of Development shall include:
1.General SWPPP requirements as described in§143-155;
2.An ESC plan or if single family residential construction an agreement in lieu of an ESC plan as described in§143-160;
3.A SWM Plan as described in§143-165,or if less than 1 acre a BMP Implementation Plan or a completed SWPPP Template
demonstrating compliance with all applicable elements of the approved SWPPP developed for the larger common plan of
development.
D.The requirements for a SWPPP as outlined in§9VAC25-870-54 shall be included with each plan submitted for review.
Reference:§62.1-44.15:34;9VAC25-870-53;9VAC25-870-54;9VAC25-870-30;9VAC-880-70 Section II.
§143-155 General Stormwater Pollution Prevention Plan(SWPPP)Requirements
A.hi addition to the applicable components as provided in§143-150,a Stormwater Pollution Prevention Plan(SWPPP)shall
include all items identified within the Virginia General VPDES Permit for Discharges of Stormwater Construction Activity(General
Permit No.:VAR10).
B.Prior to engaging in the activities shown on the approved plan,the person responsible for carrying out the plan shall provide the
name of a qualified person to the Administrator.Failure to provide the name of an individual holding a certificate of competence
prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for
carrying out the plan shall be subject to the penalties provided in§143-225.
Reference:§62.1-44.15.55 B
C.The SWPPP must be maintained 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.The operator shall make SWPPP's and all updates available upon
request to County personnel.
Reference:9VAC25-870-54 G
§143-160 Erosion and Sediment Control(ESC)Program and Plan Requirements
A.As stated in§143-150,Frederick County Public Works Department will be the program authority to operate the County's
Erosion and Sediment Control Program.Pursuant to§62.1-44.15:53 of the Code of Virginia,an erosion control plan shall not be
approved until it is reviewed by a certified plan reviewer.Inspections of land-disturbing activities shall be conducted by a certified
inspector.The erosion control program of the County shall contain a certified program administrator,a certified plan reviewer,and a
certified inspector,who may be the same person;
B.As required in§143-150,an erosion and sediment control plan shall be developed and referenced into the SWPPP where a
SWPPP is required.The erosion and sediment control plan shall not be considered approved until reviewed by a certified plan
reviewer.When the plan is determined to be inadequate,written notice of disapproval stating the specific reasons for disapproval
shall be communicated to the applicant within 45 days.The notice shall specify such modifications,terms and conditions that will
permit approval of the plan.If no action is taken within 45 days,the plan shall be deemed approved,and the person authorized to
proceed with the proposed activity.
C.The erosion and sediment control plan shall be designed to control stormwater volume and velocity within the site to minimize
soil erosion and to minimize sediment discharges from the site by incorporating all the minimum standards as outlined in 9VAC25-
840-40,incorporate all requirements for flow rate capacity and velocity requirements as outlined in section 62.1-44.15.52.A of the
Code of Virginia and incorporating the following performance goals to the maximum extent practicable:
1.The area of land disturbance at any one time shall be the minimum necessary to install and/or construct the proposed site
improvements;
2.The installation and/or construction of the proposed site improvements shall be phased to limit the duration of exposed soils to
the minimum time needed to construct and/or install the improvements in the immediate vicinity of the disturbance;
3.The disturbance and/or compaction of the existing native soils shall be minimized by directing construction traffic,material
stockpiling,and other activities to only those areas of the site that are designated for proposed infrastructure(buildings,roads,
parking areas,etc.);
4.Disturbance of slopes 15%or steeper shall be avoided to the maximum extent practicable given the proposed site improvements.
When disturbance of steep slopes is unavoidable,or the resulting grade of exposed soil is 15%or greater,the area shall be stabilized
immediately with an approved soil stabilization matting;
5.Existing topsoil shall be preserved to the maximum extent practical;
6.The selection and design of erosion and sediment controls shall be based on the expected frequency,intensity,and duration of
precipitation,and the corresponding expected volume of runoff and sediment erosion,sedimentation,and transport during the land-
disturbing activity:
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a.The volume and peak flow rate of runoff from the construction site should be estimated for the 2-year and/or 10-year design
storms as required for the individual controls being considered using accepted MRCS hydrologic methods as described in the
VESCH and the VSWMH,latest editions;and
b.The expected volume of sediment erosion,sedimentation,and transport during activities should be estimated considering the
surface area,length,and slope of exposed soil,the soil horizons exposed by grading activities,and the range of soil particle sizes
expected to be present.
7.Provide 50-foot natural vegetated buffers around surface waters,and direct stormwater to vegetated areas where feasible.Where
infeasible,alternate practices that remove or filter sediment and maximize stormwater infiltration may be approved by the County in
accordance with state standards;
8.Sediment basins,when used in accordance with the requirements of the VESCH shall incorporate an outlet structure that
discharges from the surface.
Reference:9VAC25-880-70 Part II.B.2;9VAC25-870-54.F,9VAC25-840-40
D.When the land-disturbing activity is part of a larger common plan of development,the ESC plan shall demonstrate compliance
with the approved SWPPP for the larger common plan of development,and shall contain the following information and/or
statements demonstrating compliance with the minimum standards of the erosion and sediment control regulations of the Board
(9VAC25-840):
1.Compliance with the water quantity requirements of§62.1-44 et.seq.of the Code of Virginia shall be deemed to satisfy the
requirements of 9VAC25-840.19(Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations);
2.The location,dimensions,and other information as required ensuring the proper construction and maintenance of all temporary
erosion and sediment controls necessary to comply with the provisions of this chapter;
3.Calculations for sediment traps,basins,outlet protection,etc.as applicable;
4.A sequence of construction and clear delineation of the initial areas of land disturbance necessary for installation of the initial
erosion and sediment control measures such as earthen dams,dikes,and diversions.The areas of initial land-disturbance shall be the
minimum necessary for installation of the initial erosion and sediment control measures and the delineation should include all areas
necessary for such installation,including stockpiles,borrow areas,and staging areas.The sequence should also include the
stabilization of these areas immediately upon reaching final grade;
5.Clear delineation of the proposed areas of land disturbance and those areas to be protected from construction activity and traffic,
including the following:
a.Minimize the disturbance of slopes 15%or greater;and
b.Minimize soil compaction and,unless infeasible,preserve topsoil.
6.Requirement that final stabilization of disturbed areas shall be initiated immediately upon reaching final grade on any portion of
the site,and that temporary stabilization shall be initiated immediately upon areas that may not be at final grade but will remain
dormant for longer than 14 days.
7.A comprehensive drainage plan including:
a.The existing and proposed drainage patterns on the site;
b.All contributing drainage areas to permanent stormwater practices and temporary sediment controls;
c.Existing streams,ponds,culverts,ditches,wetlands,other water bodies,and floodplains;
d.Land cover such as forest meadow,and other vegetative areas;
e.Current land use including existing structures,roads,and locations of known utilities and easements;
f Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels;
g.Proposed buildings,roads,parking areas,utilities,and stormwater management facilities;and
h.Proposed land use with tabulation of the percentage of surface area to be adapted to various uses,including but not limited to
forest or reforestation,buffers,impervious cover,managed turf(lawns),and easements.
8.The location of any stormwater management practices and sequence of construction;
9.Temporary natural vegetated buffers in accordance with the requirements of the VSMP Construction General Permit.These
buffers shall be delineated on the ESC Plan and protected with accepted signage,safety fence,or other barrier.
E.In lieu of the plan described in Subsections A,B,and C of this section,single-family residential construction that is not part of a
larger common plan of development,including additions or modifications to an existing single-family detached residential structure,
may execute an ESC Agreement in Lieu of an Erosion and Sediment Control Plan with the Administrator.
F.In lieu of the plan described in Subsections AB,and C of this section,single-family residential construction that disturbs less
than 1 acre and part of a larger common plan of development,may execute a SWPPP Template with the Administrator that
demonstrates compliance with the practices and strategies identified for the lot or parcel in the larger common plan of development
SWPPP.
G.Regarding the erosion and sediment control minimum standards as outlined in 9VAC25-840-40,the following more stringent
changes are applied within the County:
1.Subsection 6.b.Surface run-off from disturbed areas that are comprised of flow from drainage areas greater than or equal to three
acres shall be controlled by a sediment basin.The minimum storage capacity of a sediment basin shall be 134 cubic yards per acre
of drainage area.The outfall system shall,at a minimum,maintain the structural integrity of the basin during a 100-year-storm of
twenty-four-hour duration.Runoff coefficients used in runoff calculations shall correspond to a bare earth condition or those
expected to exist while the sediment basin is utilized;
2.Subsection 14-Regulation of Watercourse Crossing-All applicable federal,state and local regulations pertaining to working in
or crossing live watercourses shall be met.Prior to obtaining a land-disturbance permit,copies of all applicable environmental
permits,including but not limited to wetland disturbance,stream crossing,stormwater discharge permits,shall be submitted with the
application;
3.Subsection 17-Vehicular Sediment Tracking-Where construction vehicle access routes intersect paved or public roads,
provisions shall be made to minimize the transport of sediment by vehicular tracking onto paved or public road surface;the road
surface shall be cleaned thoroughly at the end of each day.Sediment shall be removed from roads by shoveling or sweeping and
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transported to a sediment disposal area.Street washing shall be allowed only after sediment is removed in this manner.This
provision shall apply to individual development lots as well as to larger land-disturbing activities;
4.In subdivisions,the owner/developer of the subdivision shall be responsible for compliance with the standard set forth in section
3 until the streets are taken into the Virginia Department of Transportation's Secondary Road System for maintenance,and the plan
submitted for approval shall include a detailed plan or narrative to ensure transport of sediment onto subdivision streets does not
occur during any phase of construction,including but not limited to construction of all infrastructure,utilities,and building
construction.In addition,if individual lots or sections in a subdivision are being developed by a different owner,such owner shall
be jointly and severally responsible with the owner/developer of the subdivision for achieving compliance with this minimum
standard,and the erosion and sediment control plan,or"agreement in lieu of a plan,"submitted for approval shall include a detailed
plan or narrative to ensure transport of sediment onto the applicable roads does not occur during any phase of construction,
including but not limited to construction of all infrastructure,utilities,and building construction;
5.To assure proper stormwater drainage and site stabilization,the following policies are hereby adopted concerning all
development.Prior to release of building permits,the following infrastructure shall be completed and stabilized within the
subdivision,subsection or phase as shown on the approved plan:
a.Stormwater conveyance systems,including but not limited to culverts,road surface,curb and gutter,stormwater structures,
drainage swales and ditches,channel linings and all cleared areas shall be stabilized,etc;
b.Submittal of a certified as-built plan of the subdivision,subsection or phase,which includes but is not limited to stormwater
conveyance systems,curb and gutter,drainage swales and ditches,stormwater/sediment ponds,graded areas,etc.A letter from the
engineer-of-record shall be included with the as-built plan which states that the subdivision has been constructed in accordance with
the approved plan;
c.A proposed overall lot grading plan is required by Frederick County prior to the release of building permit(s)for subdivisions.
This plan shall meet the intent of the original site plan submitted by the developer.It is required that the developer provide the
builder/owner a copy of the original engineered site grading plan for the particular subdivision;
d.It will be necessary to submit a certified as-built plan for all lots on which proposed lot grading plans were required.This certified
as-built plan shall indicate the following:properly annotated boundary lines;setback lines;proposed house footprint;offsets to
house;existing grading;spot shots as necessary to show positive drainage;proposed driveway;proposed floor elevation to include
basement,first floor and garage;and erosion and sediment controls,if required.The as-built plan shall be accompanied by a
document prepared by a professional engineer or a certified land surveyor certifying that the as-built conditions meet the intent of
the approved site grading plan.The proposed lot grading plan and the as-built survey shall be submitted to the Public Works
Department prior to release of the final certificate of occupancy;
6.Before adopting or revising this ordinance,the County shall give due notice and conduct a public hearing on the proposed or
revised regulations,except that a public hearing shall not be required when the County is amending its program to conform to
revisions in the state program.However,a public hearing shall be held if the County proposes or revises regulations that are more
stringent than the state program;
7.The program and regulations provided for in this chapter shall be made available for public inspection at the office of the
Department of Public Works.
§143-165 Stormwater Management(SWM)Plan Requirements
A.As required in§143-150,a stormwater management plan shall be developed and referenced into the SWPPP;
B.In addition to the plan requirements outlined in§143-155 and§143-160,the stormwater management plan shall include the
following:
1.A general description of the proposed stormwater management facilities,including:
a.Contact information including name,address,telephone number and parcel number of the property or properties affected;
b.Narrative that includes a description of current site conditions and final site conditions or if allowed by the VSMP authority,the
information provided and documented during the review process that addresses the current and final site conditions;
c.General description of the proposed stormwater management facilities and mechanism through which the facilities will be
operated/maintained after construction is complete;Information on type of stormwater facilities;
d.The location of stormwater facilities,including geographic coordinates;
e.The named surface waters to which the facility eventually drains;
f.Information on proposed stormwater management facilities,including(i)type of facilities;(ii)location,including geographic
coordinates;(iii)acres treated;and(iv)surface waters or karst features into which facility will discharge;
g.Hydrologic/hydraulic computations,including runoff characteristics;
h.Documentation/calculations verifying compliance with water quality and quantity requirements of the regulations;
i.Map or maps of site that depicts topography of the site and includes:
a)Contributing drainage areas;
b)Existing streams,ponds,culverts,ditches,wetlands,other water bodies,floodplains.
j.Soil types,geologic fonnations if karst features are present in the area,forest cover,other vegetative areas;
k.Current land use including existing structures,roads,locations of known utilities and easements;
1.Sufficient information on adjoining parcels to assess impacts of stonnwater from the site on these parcels;
m.Limits of clearing and grading,proposed drainage patterns on the site;
n.Proposed buildings,roads,parking areas,utilities,stormwater management facilities;
o.Proposed land use with tabulation of percentage of surface area to be adapted to various uses,including but not limited to planned
locations of utilities,roads and easements;
p.A stormwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria to the part
to the entire land-disturbing activity.Individual lots in new residential,commercial,or industrial developments shall not be
considered separate land-disturbing activities;
q.A stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows
converted to surface runoff,
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r.Information on type/location of stormwater discharges,information on features to which stormwater is discharged,including
surface waters or karst features if present,and predevelopment/post development drainage areas.
2.All necessary documentation and calculations supporting the design and construction of the proposed stormwater management
structures,including sufficient details such as cross sections,profiles,dimensions,grades,and other information as needed to ensure
that the BMPs are built in accordance with the approved plans and BMP Design Standards and Specifications;
3.Runoff Reduction Method Compliance Spreadsheet Summary Sheet;
4.A landscaping plan prepared by an individual familiar with the selection of appropriate vegetation for the particular BMP
(emergent and upland vegetation for wetlands,woody and/or herbaceous vegetative stabilization and management techniques to be
used within and adjacent to the stormwater management facilities,etc.).The landscaping plan must also describe the maintenance of
vegetation at the site and what practices should be employed to ensure that adequate vegetative cover is preserved;
5.Identification of all easements provided for inspection and maintenance of stormwater management facilities in accordance with
specifications in the Stormwater Management Design Manuals and the County requirements.
6.When Applicable,a copy of the Frederick County SWM BMP Operation and Maintenance Agreement to be recorded in the local
land records prior to plan approval.This may be submitted prior to plan approval;
7.When stormwater facilities are proposed on individual residential lots,a copy of the proposed Residential Lot BMP Inspection
and Maintenance Agreement to be signed by the property owner upon settlement.This must be submitted prior to plan approval;
8.If an applicant intends to meet the water quality requirements of Subsection C of this section using offsite compliance options,a
letter of availability from the offsite provider must be included,and the use of the offsite options shall be in accordance with the
VSMP Regulations Offsite Compliance Options(9VAC25-870-69).
C.Stormwater management(SWM)plans shall demonstrate compliance with the following:
1.Stormwater runoff quality and runoff volume reduction criteria for new development;
Reference:9VAC25-870-63
2.Stormwater runoff quality criteria for development on prior developed lands;
Reference:9VAC25-870-63
3.Channel protection criteria;
Reference:9VAC25-870-66
4.Flood protection criteria;
Reference:9VAC25-870-66
5.Requirements for identifying,evaluating,and addressing increased volumes of sheet flow resulting from pervious or disconnected
impervious areas or from physical spreading of concentrated flow through level spreaders.
Reference:9VAC25-870-66
D.Prior to release of the stormwater plan surety bond,two(2)sets of the construction record drawing or as-built of permanent
stormwater management facilities,also referred to as"as-built plans,"in accordance with county requirements shall be submitted to
the Administrator.The construction as-built shall be appropriately sealed and signed by a professional registered in the State
pursuant to Article 1(§54.1-400 et seq.)of Chapter 4 of Title 54.1.of the Code of Virginia,certifying that the stormwater
management facilities have been constructed in accordance with the approved plan;
Reference:9VAC25-870-108,9VAC25-870-55 D.
E.Single family residential construction that is less than one acre of disturbance and part of a larger common plan of development
may execute and implement a BMP Implementation Plan as part of the SWPPP Template to demonstrate compliance with the
practices and strategies identified in the larger common plan of development SWPPP;
F.Stormwater Management Facility Maintenance Agreements:Maintenance of all stormwater management facilities shall be
ensured through the creation of a formal maintenance agreement that must be approved by the Administrator and recorded in the
land record prior to issuance of a permit and contain the following provisions:
1.A copy of the County BMP Operation and Maintenance Agreement proposed for recordation in the local land records prior to
plan approval to be signed by the property owner upon settlement shall be submitted with the plans;
Reference:9VAC25-870-112.
2.Responsibility for the operation and maintenance of stormwater management facilities shall remain with the property owner or an
owner's association and shall pass to any successor or owner.If portions of the land are to be sold,legally binding arrangements
shall be made to pass the responsibility to successors in title;
Reference:9VAC25-870-112.
3.Maintenance agreements shall be in accordance with the County requirements(BMP Inspection&Maintenance Program)and
provide for all necessary access for inspections;
Reference:§62.1-44.15:39;9VAC25-870-112.
4.Except as provided in Subsection 5 below,maintenance agreements shall be enforceable(by the Administrator);
Reference:9VAC25-870-112.
5.Individual on-lot stormwater facilities that are designed to primarily manage the runoff from the individual residential lot on
which they are located require a County Residential Lot BMP Inspection&Maintenance Agreement acknowledging the presence,
purpose,location,and basic maintenance requirements for the particular BMPs in accordance with County requirements;
Reference:9VAC25-870-112
6.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 State pursuant to Article 1
(§54.1-400 et seq.)of Chapter 4 of Title 54.1 of the Code of Virginia;
7.Stormwater management plans for residential,commercial or industrial subdivisions are approved and govern the development of
individual parcels within that plan,throughout the development life even if ownership changes.
Reference:§62.1-44.15:28.7
§143-175 Pollution Prevention Plan(PPP)
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A.A Pollution Prevention Plan(PPP)is required for all VSMP Activities as required in§143-125,and shall be developed for
incorporation into the SWPPP;
B.The PPP shall be developed in accordance with the County VSMP Manual to minimize the discharge of pollutants and the
exposure of materials to stormwater,and prohibit illicit discharges from construction activities;
C.The PPP shall be implemented and updated as outlined in§143-205.0 and the County VSMP Manual(if adopted)as necessary
throughout all phases of the land-disturbing activity to implement appropriate pollution prevention measures applicable to
construction activities.
Reference:9VAC25-870-56.Pollution prevention plans.
§143-185 Review and Approval of Plans
A.Upon receipt of a plan for a permit and accompanying plans as required by§1433-150,the Administrator shall determine the
completeness of the application and notify the applicant within 15 calendar days if the submittal is considered incomplete;
B.Once the applicant has been notified of a complete submittal,the Administrator shall have an additional 45 calendar days from
the date of the communication for the review of the plans to determine compliance with the requirements of this ordinance,and to
communicate to the applicant the approval or disapproval of the plans;
C.If a determination of completeness is not made and communicated to the applicant within the 15 calendar days,the plans shall be
deemed complete as of the date of submission and a total of 60 calendar days from the date of submission shall be allowed for the
review of the plans;
D.If the plans are not approved,the reasons for not approving the plans shall be provided in writing to the applicant;
E.The Administrator shall review within 45 calendar days of the date of resubmission any plans that been previously disapproved;
F.Unless otherwise indicated in the application,electronic communication shall be considered communication in writing.
Reference:§62.1-44.15:55B;§62.1-44.15:34A9VAC25-870-55 B9VAC25-870-108
§143-190 Pre-Construction Meeting Required
No land disturbing activities shall commence until a Pre-Construction Meeting between the Administrator and the applicant,and the
individual responsible for carrying out the plan has been conducted.The applicant shall notify the Administrator in advance to
schedule the meeting on-site.
§143-195 Issuance,Time Limit,Modification,Maintenance,Transfer and/or Termination of the Frederick County Permit and the
VSMP Authority Permit
A.Permit Issuance:Once the requirements for obtaining a County land-disturbing permit and coverage under the state general
permit for discharges from construction activity(if applicable)have been met,including the receipt or verification of payment of all
required permit fees in accordance with the fee schedule of§143-235,the Administrator will issue a Frederick County land
disturbance permit and a VSMP Authority permit.Prior to the initiation of an application,by the owner of the subject property,the
owner's agent,or any entity in which the owner holds an ownership interest greater than 50%,for a permit under this chapter,all
delinquent real estate taxes and any other charges that constitute a lien on the subject property that are owed to the County and have
been properly assessed against the subject property must be paid,unless otherwise authorized by the Treasurer;(Amended
09/12/2018)
B.No transfer,assignment,or sale of the rights granted by virtue of a County land-disturbing permit shall be made unless a written
notice of transfer and corresponding permit modification fee is filed with the Administrator and the transferee certifies agreement to
comply with all obligations and conditions of the permit.The Administrator may require modification or revocation and reissuance
of the VSMP Authority Permit to change the name of the permittee and incorporate such other requirements as may be necessary for
the transfer,
C.If land-disturbing activity has not commenced within 180 days of land-disturbing activity or VSMP authority permit issuance or
ceases for more than 180 days,the Administrator may evaluate the existing approved ESC plan to determine whether the plan still
satisfies local and state erosion and sediment control criteria and to verify that all design factors are still valid.If the previously filed
ESC plan is determined to be inadequate a modified plan shall be submitted and approved prior to the resumption of land-disturbing
activity;
Reference:9VAC25-840-80.B
D.VSMP Authority Permits are effective for a fixed permit cycle of 5 years.Activities requiring a VSMP permit may obtain
coverage at any time during the 5-year permit cycle and must be renewed if the permit has not been terminated prior to the end of
the cycle.The annual permit maintenance fees in§143-235 apply until the permit coverage is terminated or renewed;
E.Land-disturbing activities for which VSMP Permit coverage was issued between July 1,2009 and June 30,2014 permit cycle
may remain subject to the technical criteria of Part II C of the Virginia Stormwater Regulations for two additional permit cycles
provided coverage under the original VSMP Permit is maintained.After two permit cycles have passed,or should the original
VSMP Permit coverage not be maintained,portions of the project not under construction shall become subject to any new technical
criteria adopted by the VSMP Authority after the original VSMP Permit coverage was issued;
F.Land-disturbing activities for which VSMP Permit coverage was issued between July 1,2009 and June 30,2014 permit cycle
may elect to modify the permit by paying the appropriate permit modification fee and request approval for compliance with the
technical criteria of Part H B for any remaining portions of the project.
Reference:§62.1-44.15:249VAC25-870-47.
§143-200 Variances/Exceptions
A.Frederick County may grant exceptions or modify the ESC requirements of activities if they are deemed inappropriate or too
restrictive for site conditions by granting a variance.A variance may be granted under the following conditions:
1.At the time of plan submission,an applicant may request a variance from the requirements of an erosion and sediment control
plan.The applicant shall explain the reasons for requesting variances in writing.Specific variances which are allowed shall be
documented in the plan;
2.During construction,the person responsible for implementing the approved plan may request a variance in writing from the
Administrator.The Administrator shall respond in writing either approving or disapproving such a request.If the Administrator
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does not approve a variance within 10 days of receipt of the request,the request shall be disapproved.Following disapproval,the
applicant may resubmit a variance request with additional documentation;
3.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.
B.The Administrator may grant exceptions to the Technical Criteria of§143-165,SWM Plan Requirements.An exception may be
granted provided that:
1.The exception is the minimum necessary to afford relief,
2.Reasonable and appropriate conditions shall be imposed as necessary upon any exception granted so that the intent of this chapter
is preserved;
3.Granting the exception will not confer any special privileges that are denied in other similar circumstances,
4.Exception requests are not based upon conditions or circumstances that are self-imposed or self-created;and
5.Economic hardship alone is not sufficient reason to grant an exception from these requirements.
C.Under no circumstance shall an exception to the requirement that the land-disturbing activity obtain required VSMP permits be
granted,nor shall the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website be approved.
D.Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options available as described in§143-
165B(8)have been considered and found not available.
Reference:9VAC25-8409VAC25-870-122
§143-205 Amendments to Approved Plans
A.Amendments to an approved ESC plan may be made once the proposed change has been agreed to by the Administrator and the
person responsible for carrying out the plan in the following cases:
1.Where inspection has revealed that the plan is inadequate to satisfy applicable regulations;or
2.Where the person responsible for carrying out the approved plan demonstrates that because of changed circumstances or for other
reasons the approved plan cannot effectively be carried out,and proposed amendments to the plan are consistent with the
requirements of this article.
Reference:§62.1-44.15:55 C
B.Amendments to an approved SWM Plan may be made only after review and written approval by the Administrator.An approved
plan may be modified in accordance with the following:
1.The person responsible for carrying out the approved plan demonstrates in writing to the Administrator that because of changed
circumstances or for other reasons the approved plan cannot effectively be carried out,and has proposed amendments to the plan
with all necessary calculations and documents consistent with the requirements of this chapter(refer to§143-165);
2.The Administrator shall have 60 calendar days to respond in writing either approving or disapproving such requests;
3.Based on an inspection,the Administrator may require amendments to the approved stornwater management plan to address any
deficiencies within a time frame set by the Administrator.
Reference:9VAC25-870-108
C.Amendments to an approved SWPPP may be required in order to reflect changes in the implementation an approved ESC or
SWM Plan.In addition to the requirements of Subsection A and B of this section,the site operator shall document the
implementation of the provisions of the SWPPP as follows:
1.The operator shall amend the SWPPP whenever there is a change in design,construction,operation,or maintenance that may
have a significant effect on the discharge of pollutants from the construction activity and that has not been previously addressed in
the SWPPP;
2.The SWPPP must be amended if during inspections or investigations by the operator's qualified personnel,or by the
Administrator,state or federal officials,it is determined that the existing control measures are ineffective in minimizing pollutants in
stormwater discharges from the construction site;
3.Where revisions to the SWPPP include additional or modified control measures designed to correct problems identified,and
where such revisions to the SWPPP require the Administrator's approval,the additional control measures shall be completed within
seven calendar days of approval or prior to the next anticipated storm event.If implementation before the next anticipated storm
event is impracticable,the situation shall be documented in the SWPPP and alternative control measures shall be implemented as
soon as practicable;
4.Revisions to the SWPPP must be dated and signed in accordance with Section III of the VSMP permit.Changes to any
component of an approved SWPPP with VSMP Permit coverage that result in changes to stormwater management plans or require
additional review by the Administrator shall be subject to permit modification fees set out in§143-235.
§143-210 Monitoring and Inspections During Activities
A.Erosion and Sediment Control
1.The responsible land disturber,as provided by§62.1-44.15:52,shall oversee and is responsible for carrying out the land-
disturbing activity and provide for periodic inspections of the land-disturbing activity.The County may require the person
responsible for carrying out the plan to monitor the land-disturbing activity.The person responsible for carrying out the plan will
maintain records of these inspections and maintenance,to ensure compliance with the approved plan and to determine whether the
measures required in the plan are effective in controlling erosion and sedimentation;
2.The County shall periodically inspect the land-disturbing activity in accordance with 9VAC25-840-60 of the Virginia Erosion and
Sediment Control Regulations to ensure compliance with the approved plan and to determine whether the measures required in the
plan are effective in controlling erosion and sedimentation.The application for a permit shall include a provision for appropriate
agents and employees of the County,at reasonable times,to go upon the property on which permission has been sought to conduct
land-disturbing activities and to monitor such activities.The owner,permittee,or person responsible for carrying out the plan shall
be given notice of the inspection;
If the Administrator determines that there is a failure to comply with the plan,notice shall be served upon the permittee or person
responsible for carrying out the plan by mailing with confirmation of delivery to the address specified in the permit application or in
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the plan certification,by electronic mail to the address specified in the permit application,or by delivery at the site of the land-
disturbing activities to the agent or employee supervising such activities.
The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall
be completed.Upon failure to comply within the specified time,the permit may be revoked and the permittee or person responsible
for carrying out the plan shall be subject to the penalties provided by this ordinance.
3.Upon issuance of an inspection report denoting a violation of Va.Code§62.1-44.15:55,-44.15:56,the Administrator may,in
conjunction with or subsequent to a notice to comply as specified in this ordinance,issue an order requiring that all or part of the
land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken.
If land-disturbing activities have commenced without an approved plan,the Administrator may issue an order requiring that all of
the land-disturbing activities be stopped until an approved plan or any required permits are obtained.
Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in
waters within the watersheds of the Commonwealth,or where the land-disturbing activities have commenced without an approved
plan or any required permits,such an order may be issued without regard to whether the alleged violator has been issued a notice to
comply as specified in this ordinance.Otherwise,such an order may be issued only after the alleged violator has failed to comply
with such a notice to comply.
The order shall be served in the same manner as a notice to comply and shall remain in effect for a period of seven days from the
date of service pending application by the owner or permit holder for appropriate relief to the Circuit Court of the County.Said
order shall be posted on the site where the disturbance is occurring and shall remain in effect until permits and plan approvals are
secured.The owner may appeal the issuance of an order to the Circuit Court of the County.
Any person violating or failing,neglecting or refusing to obey an order issued by the Administrator may be compelled in a
proceeding instituted in the Circuit Court of the County to obey same and to comply therewith by injunction,mandamus or other
appropriate remedy.
Upon completion and approval of corrective action or obtaining an approved plan or any required permits,the order shall
immediately be lifted.
Nothing in this section shall prevent the Administrator from taking any other action authorized by this ordinance.
B.Stormwater
1.The VSMP Authority will inspect all regulated activities to ensure compliance with the approved ESC Plan in accordance with
the County and state requirements.The owner,permittee or person responsible for carrying out the plan or agreement may be given
notice of the inspection.
Reference§62.1-44.15:58.
2.The County requires that stormwater management facilities be inspected,and the construction of such facilities are certified in
accordance with Subsection D of§143-210.The VSMP Authority may also inspect the construction of permanent stormwater
management facilities at critical stages of construction and in accordance with the Virginia BMP Design Specifications to ensure
compliance with the approved plans.
Reference§62.1-44.15:37.
3.The right-of-entry for the VSMP Authority to conduct such inspections shall be expressly reserved in the permit.The permit
holder,or his duly designated representative,shall be afforded the opportunity to accompany the inspectors.
Reference§62.1-44.15:39 Right of entry
4.The County will accept the submittal of inspection reports certifying that the stormwater management facilities are being
constructed in accordance with the approved plan conducted by:
a)A person who is licensed as a professional engineer,architect,landscape architect,or land surveyor pursuant to Article 1(§54.1-
400 et seq.)of Chapter 4 of Title 54.1 of the Code of Virginia;
b)A person who works under the direction and oversight of the licensed professional engineer,architect,landscape architect,or
land surveyor;or
c)A person who holds a certificate of competence in Stormwater Inspection from the Board.
Reference§62.1-44.15:37.
5.The VSMP Authority will inspect all regulated activities covered by a VSMP authority permit to ensure the operator is
conducting and documenting the operator inspections as required by the County and is appropriately updating the PPP as required
by the County.The owner,permittee or person responsible for carrying out the plan or agreement may be given notice of the
inspection.
Reference A,B,&C above:9VAC25-870-114 A:
6.All activities covered by a VSMP Permit shall be inspected by the operator in accordance with the requirements of the County.
The operator shall maintain records of inspections and maintenance to determine whether the measures required in the ESC plan are
effective in controlling erosion and sedimentation and to ensure compliance with the approved plan.Records shall be made
available to the Administrator or the VSMP Authority inspector upon request.
7.Prior to the release of any performance bonds or termination of the VSMP Authority Permit,the applicant shall submit the
required as-built drawings for the stormwater management facilities.The site shall be surveyed to determine actual field conditions,
and the approved plans as annotated to reflect actual field conditions shall constitute the as-built drawing.As-built drawings shall
include the following:1.Storm sewer systems i.The general location of all drainage structures.
ii.The storm structure top and all pipe invert elevations including end sections.
iii.Storm pipe size,material and percent grade between inverts from structure to structure.
iv.Spot elevations of the invert of all manmade ditches at 50-foot intervals.
v.Extent of all riprap outfall protection.
2.Topographic survey of all constructed SWM/BMP facilities.
3.The location,size and/or material of all required BMP elements including but not limited to cleanouts,observation wells,
overflow structures,gravel diaphragms,and flow spreaders.
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4.Confirmation of the volume provided in all ponds and water quality structures.Deviations from the approved plans shall require
new routings to confirm that the ponds will function as designed.
5.For residential projects,topographic survey of all disturbed common space areas to confirm that all slopes and swales are
properly placed and that all drainage patterns have been established in accordance with the grading plan.
6.Detailed records of any variations of the work from the approved plans.
Reference 9VAC25-870-108
8.Reports;recordkeeping
a)On a fiscal year basis(July 1 to June 30),a VSMP authority shall report to the department by October 1 of each year in a format
provided by the department.The information to be provided shall include the following:
i.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;
ii.Number and type of enforcement actions during the fiscal year;and
iii.Number of exceptions granted during the fiscal year.
b)A VSMP authority shall keep records in accordance with the following:
i.Project records,including approved stormwater management plans,shall be kept for three years after state permit termination or
project completion;
ii.Stormwater management facility inspection records shall be documented and retained for at least five years from the date of
inspection;
iii.Construction record drawings shall be maintained in perpetuity or until a stormwater management facility is removed;
iv.All registration statements submitted in accordance with 9VAC25-870-59 shall be documented and retained for at least three
years from the date of project completion or state permit termination;
§143-215 Monitoring and Inspections of Permanent Stormwater Management Facilities
A.Owners of stormwater management facilities shall be responsible for conducting inspections and performing maintenance in
accordance with the recorded Stormwater BMP Maintenance Agreement as described in§143-165 and in accordance with county
requirements.Regarding individual residential lots,such recorded instruments need not be required for stormwater management
facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located,provided it is
demonstrated to the satisfaction of the Administrator that future maintenance of such facilities will be addressed through an
enforceable mechanism at the discretion of the Administrator.Provisions for this are addressed in the County's SWT BMP
Inspection and Maintenance Program manual;
B.If a recorded instrument is not required pursuant to section§143-215.A,the Administrator shall develop a strategy for addressing
maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on
which they are located.Such a strategy may include periodic inspections,homeowner outreach and education,or other methods
targeted at promoting the long-term maintenance of such facilities.Such facilities shall not be subject to the requirement for an
inspection to be conducted by the Administrator;
Reference 9VAC25-870-112
C.The Administrator will ensure that all stormwater management facilities are being inspected and maintained according to the
following:
1.The Administrator shall track the 5-year frequency comprehensive inspection report submittals as required by the recorded
maintenance agreement and in accordance with County requirements.The Administrator shall conduct maintenance inspections at a
minimum of once every 5 years for certain BMPs as defined by County requirements;
2.The right-of-entry for the Administrator to conduct such inspections shall be expressly reserved in the Maintenance Agreements.
The owner,or his duly designated representative,shall be afforded the opportunity to accompany the inspectors.
D.The Administrator shall notify the property owner or owner's association in writing in accordance with§143-225.A to the
address as identified in the SWM BMP Inspection and Maintenance Agreement when a determination has been made that the
stormwater management facility is in disrepair or is not functioning as intended.The notice shall specify the measures needed to
comply with the approved maintenance plan and shall specify the time within which such measures shall be completed.If the
responsible party fails to perform such maintenance and repair,the county shall have the authority to initiate enforcement action in
accordance with§143-225.D and perform the work and recover the costs from the responsible party.
§143-225 Enforcement;violations and penalties
A.Erosion and Sediment Control:
1.Violators of this ordinance shall be guilty of a Class I misdemeanor;
2.Any person who violates any provision of Va.Code§§62.1-44.15:55,62.1-44.15:56 may,upon a finding of the District Court of
the County,be assessed a civil penalty.The civil penalty for any one violation shall be not less than$100 nor more than$1,000,
except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be$1,000.Each day
during which the violation is found to have existed shall constitute a separate offense.hi no event shall a series of specified
violations arising from the same operative set of facts result in civil penalties which exceed a total of$10,000,except that a series of
violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil
penalties which exceed a total of$10,000.Any such civil penalties shall be in lieu of criminal sanctions and shall preclude the
prosecution of such violation as a misdemeanor under Subsection A of§62.1-44.15:63;
3.The Administrator the owner or property which has sustained damage,or which is in imminent danger of being damaged,may
apply to the Circuit Court of the County to enjoin a violation or a threatened violation of Va.Code§62.1-44.15:55,62.1-44.15:56,
without the necessity of showing that an adequate remedy at law does not exist.
However,an owner of property shall not apply for injunctive relief unless(i)he has notified in writing the person who has violated
the local program,and the program authority,that a violation of the local program has caused,or creates a probability of causing,
damage to his property,and(ii)neither the person who has violated the local program nor the program authority has taken
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corrective action within fifteen days to eliminate the conditions which have caused,or create the probability of causing,damage to
his property.
4.In addition to any criminal or civil penalties provided under this ordinance,any person who violates any provision of the Erosion
and Sediment Control Law may be liable to the County in a civil action for damages;
5.Without limiting the remedies which may be obtained in this section,any person violating or failing,neglecting,or refusing to
obey any injunction,mandamus or other remedy obtained pursuant to this section shall be subject,in the discretion of the court,to a
civil penalty not to exceed$2,000 for each violation.A civil action for such violation or failure may be brought by the County.
Any civil penalties assessed by a court shall be paid into the treasury of the County,except that where the violator is the locality
itself,or its agent,the court shall direct the penalty to be paid into the state treasury;
6.With the consent of any person who has violated or failed,neglected,or refused to obey any regulation or condition of a permit or
any provision of this ordinance,or order of the VESCP authority the County may provide for the payment of civil charges for
violations in specific sums,not to exceed the limit specified in this section.Such civil charges shall be instead of any appropriate
civil penalty which could be imposed under this section;
7.The Commonwealth's Attorney shall,upon request of the County,take legal action to enforce the provisions of this ordinance;
8.Compliance with the provisions of this ordinance shall be prima facie evidence in any legal or equitable proceeding for damages
caused by erosion,siltation or sedimentation that all requirements of law have been met,and the complaining party must show
negligence in order to recover any damages;
B.Stormwater
1.If,during inspections at any stage of the land-disturbing activity,the Administrator determines that the operator has failed to
comply with the approved plan,including but not limited to failure to install or properly install stornwater 13MPs or erosion and
sediment controls,the Administrator shall serve a Notice to Comply upon the permittee or person responsible for carrying out the
permit conditions as follows:
i.Certified mail return receipt requested,sent to the address specified by the owner or permittee in his application or plan
certification;
ii.Electronic mail to the address specified in the permit application;or
iii.Delivery at the site of the activities to the agent or employee supervising such activities.
2.The notice shall specify the measures necessary to comply with the plan or agreement in lieu of a plan and shall specify the time
within which such measures shall be completed.
3.Stop Work Order:
a)If a permittee fails to comply with a notice to comply issued in accordance with Subsection B(1)within the time specified,the
Administrator may issue an order requiring the owner,permittee,or person responsible for carrying out the approved plan,to cease
all land-disturbing activities until the violation of the permit has ceased or the specified corrective actions have been taken.Such
orders shall become effective upon service on the person by certified mail,return receipt requested,sent to his address specified in
the registration statement,by electronic mail to the address specified in the permit application,or by personal delivery by an agent
of the VSMP authority or Department.
b)hi addition to the cessation of all activities as described in a above,the permittee may also be subject having the VSMP Authority
permit revoked;and furthermore,he shall be deemed to be in violation of this ordinance and,upon conviction,shall be subject to the
penalties as provided in the Code of Virginia or by this ordinance;
Reference:§62.1-44.15:63.;§62.1-44.15:48
c)Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition
in surface waters within the watersheds of the state,or where the activities have commenced without an approved plan,agreement in
lieu of a plan or any required permits,such an order may be issued without regard to whether the owner or permittee has been issued
a notice to comply;
4.If,at any stage of the activity,the VSMP Authority determines that the physical conditions on the site are not as stated or shown
on the approved erosion and sediment control plan or stormwater management plan,or the county determines that the storm
drainage system or stormwater management facility is inadequate or not constructed as shown on the approved stormwater
management final plan,the VSMP Authority may refuse to approve further work and the county may revoke existing permits or
approvals until a revised stormwater management final plan has been submitted and approved;
5.Commencing Activities without an Approved Plan or a Permit:
a.If activities have commenced without an approved plan,agreement in lieu of a plan,or a VSMP Authority Permit where required,
a stop work order may be issued requiring that all activities be stopped until an approved plan,an agreement in lieu of a plan or any
required permits are obtained;
b.The stop work order shall remain in effect for a period of seven calendar days from the date of service pending application by the
Administrator or alleged violator for appropriate relief to the circuit court of the jurisdiction wherein the violation is alleged to have
occurred.If the alleged violator has not obtained an approved plan,agreement in lieu of a plan or any required permits within seven
days from the date of service of the order,the director may issue an order to the owner requiring that all construction and other work
on the site,other than corrective measures,be stopped until an approved plan,agreement in lieu of a plan or any required permits
have been obtained.The order shall be served upon the owner by registered or certified mail to the address specified in the permit
application or the land records of the County or by electronic mail to the address specified in the permit application;
c.The owner may appeal the issuance of an order to the circuit court.
6.Maintenance of permanent stornwater facilities
a.If during periodic inspections to ensure that stormwater management facilities are being adequately maintained as designed,the
VSMP Authority identifies operational deficiencies and/or determines that the owner of the stormwater management facility has
failed to perform maintenance or conduct maintenance inspections in accordance with the recorded SWM BMP Maintenance and
Inspection agreement,the VSMP Authority shall notify the person or organization responsible for carrying out the requirements of
the agreement.The notice shall specify the deficiencies,the corrective actions required to restore the facility,and the time frame
within which the corrective actions shall be completed;
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b.If the individual or organization fails to comply with the notice within the time specified,the VSMP Authority may initiate
informal and/or formal administrative enforcement procedures including but not limited to directives issued by the Board in
accordance with§62.1-44.15:25,or civil penalties in accordance with this ordinance and§62.1-44.15:48.
7.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 VSMP Authority or any provisions of this chapter may be compelled in a
proceeding instituted in any appropriate court by the VSMP Authority to obey same and to comply therewith by injunction,
mandamus,or other appropriate remedy.Nothing in this section shall prevent the VSMP Authority from taking additional
enforcement action permitted by state law;
8.Any person who violates any provision of this chapter or of any regulations or ordinances,or standards and specifications adopted
or approved hereunder,including those adopted pursuant to a VSMP permit,or who fails,neglects,or refuses to comply with any
order of the VSMP Authority,the Department,the board,or court,shall be subject to a civil penalty not to exceed$32,500 for each
violation within the discretion of the court.Each day of violation of each requirement shall constitute a separate offense;
Reference:§62.1-44.15:48Code of Virginia
a.Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following:
iv.No permit registration;
v.No SWPPP;
vi.Incomplete SWPPP;
vii.SWPPP not available for review;
viii.Failure to install stormwater BMP or Erosion and Sediment Controls;
ix.Stormwater BMPs improperly installed or maintained;
x.Operational deficiencies;
xi.Failure to conduct required inspections;
xii.Incomplete,improper,or missed inspections;
xiii.Discharges not in compliance with the requirements of the VSMP Construction General Permit;and
xiv.No approved Erosion and Sediment Control Plan.
b.The Administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate
court.
c.In imposing a civil penalty pursuant to this subsection,the court may consider the degree of harm caused by the violation and the
economic benefit to the violator from noncompliance;
d.Any civil penalties assessed by a court because of a summons issued by the County shall be paid into the treasury of the County
to be used for the purpose of minimizing,preventing,managing,or mitigating pollution of the waters of the County and abating
environmental pollution therein in such manner as the court may,by order,direct;
9.Notwithstanding any other civil or equitable remedy provided by this section,any person who willfully or negligently violates
any provision of this chapter,any order of the County or the Department,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 and a fine of not less than$2,500 nor more
than$32,500,either or both.
Reference:§62.1-44.15;48
§143-230 Hearings
A.Any permit applicant,permittee,or person subject to the Frederick County land-disturbing permit,VSMP authority permit,or
state permit requirements under this article aggrieved by any action of the Department of Public Works taken without a formal
hearing,or by inaction of the Department of Public Works may demand in writing a formal hearing by the County Board of
Supervisors,provided a petition requesting such hearing is filed with the Board of Supervisors within 30 days after notice of such
action.Any hearings conducted by the Board of Supervisors shall be in accordance with§62.1-44.15:45of the Code of Virginia.
Hearings must be conducted by the Board of Supervisors at a regular or special meeting.hi reviewing the agent's actions,the
County Board of Supervisors shall consider evidence and opinions,and the County Board of Supervisors may affirm,reverse or
modify the action.Verbatim record of proceedings must be taken and filed with the County Board of Supervisors.The County
Board of Supervisors decision shall be final,subject only to review by the Circuit Court of the County.
Reference:Right to hearing§62.1-44.15:45.Hearings
§143-232 Appeals
A.Any permittee or party aggrieved by a state permit or enforcement decision of the Frederick County Public Works under this
article,or any person who has participated,in person or by submittal of written comments,in the public comment process related to
a final decision of the Department of Public Works or Board of Supervisors under this article,whether such decision is affirmative
or negative,is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act(§2.2-4000 et
seq.)if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the
Constitution of the United States.Final decisions shall be subject to review and appeal to the Circuit Court of the County,provided
an appeal is filed within 30 days from the date of any written decision adversely affecting the rights,duties,or privileges of the
person engaging in or proposing to engage in the land disturbance activity occurs or is proposed to occur.Unless otherwise provided
by law,the circuit court shall conduct such review in accordance with the standards established in§2.2-4027,and the decisions of
the circuit court shall be subject to review by the Court of Appeals.A person shall be deemed to meet such standard if(i)such
person has suffered an actual or imminent injury that is an invasion of a legally protected interest and that is concrete and
particularized;(ii)such injury is traceable to the decision of the Department or the Board and not the result of the independent
action of some third party not before the court;and(iii)such injury will likely be redressed by a favorable decision by the court.
§143-235 Fees
A.The Board of Supervisors,by resolution,may establish a schedule of fees for the application,modification,transfer and
maintenance of stormwater/erosion and sediment control permits and plans.
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B.The fee for the Frederick County Permit and fees for coverage under the VSMP Authority Permit shall be imposed in accordance
with Table 1.When a site or sites have 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 Table 1.
Reference:Part XIII of the VSMP Regulations
Table 1:Fees for coverage under the VSMP Total Fee Paid by Applicant Portion to be Paid to DEQ
Construction General Permit/VESCP Type of Permit
VESCP permit fee(all land disturbing activities, $500+ N/A
excluding individual single-family dwellings) $100/acre
VESCP permit fee(land disturbing activities begun $1,500+ N/A
without permit,excluding individual single-family $200/acre
dwellings)
VESCP permit fee for single family $290 N/A
detached/attached residential structures within or
outside a common plan of development or sale with
land disturbance acreage less than five(5)acres)
VESCP permit fee(single family dwellings begun $580 N/A
without permit)
VESCP single family dwelling re-inspection fee $75 N/A
VSMP General/Stormwater Management-Small $2,700 $756
Construction Activity/Land Clearing(Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 1
acre and less than 5 acres)
VSMP General/Stormwater Management—Large $3,400 $952
Construction Activity/Land Clearing(Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 5
acres and less than 10 acres)
VSMP General/Stormwater Management—Large $4,500 $1,260
Construction Activity/Land Clearing(Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 10
acres and less than 50 acres)
VSMP General/Stormwater Management—Large $6,100 $1,708
Construction Activity/Land Clearing(Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 50
acres and less than 100 acres)
VSMP General/Stormwater Management—Large $9,600 $2,688
Construction Activity/Land Clearing(Sites or areas
within common plans of development or sale with
land disturbance acreage equal to or greater than 100
acres)
C.Fees for the modification or transfer of coverage under the VSMP Construction General Permit issued by the Administrator shall
be imposed in accordance with Table 2.If the permit modifications result in changes to stormwater management plans that require
additional review by the Administrator,such reviews shall be subject to the fees set out in Table 2 based on the total disturbed
acreage of the site.Modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial state permit
fee paid and the state permit fee that would have applied for the total disturbed acreage in Table 1.
Table 2:Fees for the modification or transfer of registration statements for the VSMP Authority Permit for Discharges of
Stormwater from Construction Activities
Type of Permit Fee Amount
VSMP General/Stormwater Management-Small Construction $20
Activity/Land Clearing(Areas within common plans of development or sale
with land disturbance acreage less than 1 acre,(also includes single-family
detached residential structures within or outside a common plan of
development or sale with land disturbance acreage less than 5 acres)
VSMP General/Stormwater Management-Small Construction $200
Activity/Land Clearing(Sites or areas within common plans of development
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or sale with land disturbance acreage equal to or greater than 1 acre and less
than 5 acres)
VSMP General/Stormwater Management—Large Construction $250
Activity/Land Clearing(Sites or areas within common plans of development
or sale with land disturbance acreage equal to or greater than 5 acres and less
than 10 acres)
VSMP General/Stormwater Management—Large Construction $300
Activity/Land Clearing(Sites or areas within common plans of development
or sale with land disturbance acreage equal to or greater than 10 acres and
less than 50 acres)
VSMP General/Stormwater Management—Large Construction $450
Activity/Land Clearing(Sites or areas within common plans of development
or sale with land disturbance acreage equal to or greater than 50 acres and
less than 100 acres)
VSMP General/Stormwater Management—Large Construction $700
Activity/Land Clearing(Sites or areas within common plans of development
or sale with land disturbance acreage equal to or greater than 100 acres)
D.Pennit maintenance fees.(9VAC25-870-830):
1.The following annual permit maintenance shall be imposed in accordance with Table 3,including fees imposed on expired
permits that have been administratively continued.With respect to the VSMP Authority Permit,these fees shall apply until the
permit coverage is terminated;
2.VSMP Authority Permit coverage maintenance fees shall be paid annuallyto the VSMP Authority,by the anniversary date of
VSMP Authority General Permit coverage,in accordance with Table 3.No VSMP Authority permit will be reissued or
automatically continued without payment of the required fee.
VSMP Authority permit coverage maintenance fees shall be applied until a Notice of Termination is effective.
Table 3:VSMP Authority Permit Maintenance Fees
Type of Permit Fee Amount
VSMP General/Stormwater Management-Small Construction $50
Activity/Land Clearing(Areas within common plans of development or
sale with land disturbance acreage less than 1 acre,also includes single
family detached residential structures within or outside a common plan
of development or sale with land disturbance acreage less than 5 acres.)
VSMP General/Stormwater Management-Small Construction $400
Activity/Land Clearing(Sites or areas within common plans of
development or sale with land disturbance acreage equal to or greater
than 1 acre and less than 5 acres)
VSMP General/Stormwater Management—Large Construction $500
Activity/Land Clearing(Sites or areas within common plans of
development or sale with land disturbance acreage equal to or greater
than 5 acres and less than 10 acres)
VSMP General/Stormwater Management—Large Construction $650
Activity/Land Clearing(Sites or areas within common plans of
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Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
30
development or sale with land disturbance acreage equal to or greater
than 10 acres and less than 50 acres)
VSMP General/Stormwater Management—Large Construction $900
Activity/Land Clearing(Sites or areas within common plans of
development or sale with land disturbance acreage equal to or greater
than 50 acres and less than 100 acres)
VSMP General/Stormwater Management—Large Construction $1,40
Activity/Land Clearing(Sites or areas within common plans of
development or sale with land disturbance acreage equal to or greater
than 100 acres)
E.The fees set forth in Subsections A-C,above,shall apply to:
1.All persons seeking coverage under the VSMP Authority Permit or VESCP permit if VSMP not required;
2.All permittees who request modifications to or transfers of their existing registration statement for coverage under a VSMP
Authority Permit;
3.Persons whose coverage under the VSMP Authority Permit has beenrevoked shall reapply for an Individual Permit for
Discharges of Stormwater from Construction Activities;
4.Permit and permit coverage maintenance fees outlined under Subsection C may apply to each VSMP Authority Permit holder;
F.No VSMP Authority Permit application fees will be assessed to Permitteeswhose permits are modified or amended at the
initiative of the VSMP Authority,excluding errors in the registration statement identified by the Director or errors related to the
acreage of the site;
G.All incomplete VSMP permit fee payments will be deemed as nonpayments,and the applicant shall be notified of any incomplete
permit fee payments.Interest may be charged for late permit fee payments at the underpayment rate set forth in§58.1-15 of the
Code of Virginia and is calculated monthly at the applicable periodic rate.A 10%late payment fee shall be charged to any
delinquent(over 90 days past due)account.The Administrator shall be entitled to all remedies available under the Code of Virginia
in collecting any past due amount;
§143-240 Performance Bonds
A.Prior to the issuance of any permit,the owner or permittee shall execute and file with the Administrator a Frederick County
Erosion and Sediment Control and Stormwater Management Performance Agreement and cash escrow or irrevocable letter of credit
(or other form of a performance bond as approved by the County attorney)in an amount determined in accordance with the
Frederick County Bond Estimate Worksheet which shall be equal to the approximate total cost of providing erosion and sediment
control and stormwater quality and quantity improvements as required by this ordinance and shown on the approved plans in
addition to a 25%contingency of the total bond amount.
B.The Frederick County Erosion and Sediment Control and Stormwater Management Performance Agreement and performance
bond is to ensure that measures could be taken by the County at the applicant's expense should he fail,after proper notice as
outlined in§143-225,within the time specified to initiate or maintain appropriate actions which may be required of him by the
permit conditions because of his land-disturbing activity.If the County takes such action upon such failure by the applicant,the
County 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.
C.Upon successful completion of the land-disturbing activity,to include submittal of the construction as-built drawings of
permanent stormwater management facilities described in§143-165 and prior to termination of the VSMP Permit,the owner or
permittee must provide written notification to the County.Upon verification of adequate stabilization of land disturbing activity in
the project or any section thereof,the Administrator shall reduce,return,or terminate the required bond,cash escrow or irrevocable
letter of credit to the owner within 60 days.
D.If the applicant/owner fails to comply with the approved SWPPP as documented through the site inspections described in,and
after proper notification,the Administrator may determine that the performance bond or escrow may be used to execute the plan.
Reference:§62.1-44.15:34;9VAC25-870-104 D
§143-245 Duration of Permit
A.Any land disturbance permit granted pursuant to this section shall be in effect for no longer than five(5)years after the date of
issuance.hi addition,any permit granted by this section shall automatically expire as of the date of expiration for,or termination of
any financial guarantee tendered by the applicant.If a permitted project is not completed within the five-year time frame,then the
applicant must re-apply or appeal in writing to the Director for an extension of the grading permit period not to exceed an additional
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Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
31
six months.Once a grading permit has been approved in writing by the County,the applicant shall have a period of six months(180
days)from the date of approval to submit and receive County approval of collateral for the project or the permit shall be considered
expired.
+ + + + + + + + + + + + + +
THE DISPOSITION OF THE COUNTY'S INTEREST IN REAL PROPERTY LOCATED AT 137
INDIAN HOLLOW ROAD, IN THE GAINESBORO MAGISTERIAL DISTRICT, IDENTIFIED AS
TAX PARCEL NUMBER 42-A-186 -APPROVED
Director of Public Works Joe Wilder explained that the former site of the Albin Citizen
Convenience Center is no longer needed, and staff was seeking Board action to authorize the County
Administrator to execute a contract to sell that parcel of land known as 137 Indian Hollow Road to
Winchester Equipment for a purchase price of$101,750.00.
Chairman DeHaven opened the public hearing.
No one spoke.
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved to authorize the County Administrator to execute a contract
to sell that parcel of land known as 137 Indian Hollow Road to Winchester Equipment for a
purchase price of$101,750.00. The motion was seconded by Supervisor Graber and carried on a
recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
RESOLUTION
AUTHORIZING SALE OF 137 INDIAN HOLLOW ROAD
TO WINCHESTER EQUIPMENT
WHEREAS,the County has identified a benefit in the sale of a certain parcel known as 137
Indian Hollow Road;and
WHEREAS,Winchester Equipment has offered the high bid of$101,750.00.
NOW,THEREFORE,BE IT RESOLVED,that the Board of Supervisors authorizes the sale of
137 Indian Hollow Road and authorizes staff to execute such documents as may be necessary to do so.
+ + + + + + + + + + + + + +
Minute Book 47
Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
32
PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS -
REZONING #03-21 FOR CRT PROPERTIES, LLC-APPROVED
Assistant Planning Director Candice Perkins reviewed the proposal to rezone
.75 acres from RA (Rural Areas) District to the B2 (General Business) District with
proffers, and 4.09 acres from the B2 (General Business) District to the B2 (General
Business) District with revised proffers, totaling 4.84 acres.
Chairman DeHaven opened the public hearing.
No one spoke.
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved for approval of Rezoning #03-21 for CRT Properties, LLC.
The motion was seconded by Supervisor Dunn and carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING#03-21 CRT PROPERTIES,LLC
WHEREAS, REZONING #03-21 CRT PROPERTIES, LLC., was submitted by Painter-Lewis PLC, to
rezone .75 acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, and
4.09 acres from the B2 (General Business) District to the B2 (General Business) District with revised
proffers, totaling 4.84 acres. The subject properties are located at 194 Echo Lane and 118 Echo Lane,
Winchester, in the Gainesboro Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on June
16,2021 and recommended approval; and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Rezoning during
their regular meeting on July 14,2021; and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the
best interest of the public health, safety,welfare, and in conformance with the Comprehensive Plan.
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter 165
of the Frederick County Code, Zoning, is amended to rezone to rezone .75 acres from RA (Rural Areas)
District to the B2(General Business)District with proffers, and 4.09 acres from the B2 (General Business)
District to the B2 (General Business)District with revised proffers,totaling 4.84 acres, all as shown on the
proffer statement bearing signature date December 7,2020. The conditions voluntarily proffered in writing
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Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
33
by the Applicant and the Property Owner are attached.
+ + + + + + + + + + + + + +
REZONING #02-21 FOR GREYSTONE PROPERTIES, LLC AND WHITE
PROPERTIES -APPROVED
Assistant Planning Director Candice Perkins reviewed the proposal to rezone
119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to
the RP (Residential Performance) District with proffers to develop an age restricted
community, and 238.37 acres zoned R4 (Residential Planned Community) District with
proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres.
Assistant Planning Director-Transportation John Bishop provided an overview of
the transportation issues for the project.
Chairman DeHaven opened the public hearing.
No one spoke.
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved for approval of Rezoning #02-21 For Greystone Properties,
LLC and White Properties. The motion was seconded by Supervisor Graber and carried on a
recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING#02-21 GREYSTONE PROPERTIES,LLC
WHEREAS, REZONING #02-21 GREYSTONE PROPERTIES, LLC., to rezone 119.27 acres of land
zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance)
District with proffers to develop an age restricted community, and 238.37 acres zoned R4 (Residential
Planned Community) District with proffers to the RA (Rural Areas) District with proffers, for a total of
357.64 acres. The subject properties are located east of Route 37 and Merriman's Lane(Route 621),north
of Cedar Creek Grade(Route 622),south and west of the City of Winchester,in the Gainesboro Magisterial
District;and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Rezoning on June
2,2021 and recommended approval;and
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Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
34
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during
their regular meeting on July 14,2021; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the
best interest of the public health,safety,welfare, and in conformance with the Comprehensive Plan.
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter 165
of the Frederick County Code, Zoning, is amended to rezone 119.27 acres of land zoned R4 (Residential
Planned Community) District with proffers to the RP (Residential Performance) District with proffers to
develop an age restricted community,and 238.37 acres zoned R4(Residential Planned Community)District
with proffers to the RA(Rural Areas)District with proffers, for a total of 357.64 acres, all as shown on the
proffer statement bearing signature date May 4, 2021. The conditions voluntarily proffered in writing by
the Applicant and the Property Owner are attached.
+ + + + + + + + + + + + + +
CONDITIONAL USE PERMIT #03-21 FOR WINCHESTER COLD STORAGE —
APPROVED
Zoning Administrator Mark Cheran reviewed the request for a Conditional Use
Permit(CUP)for a tractor truck and tractor truck trailer parking facility located on Brooke
Road,within the Fort Collier Industrial Park. He said access to this proposed facility shall
only occur via an interparcel connection with PIN: 544-3 — no new access shall be
permitted on Brooke Road. He reviewed the conditions to be placed on the CUP as
recommended by the Planning Commission.
Supervisor Slaughter recused herself from consideration of the request.
Chairman DeHaven opened the public hearing.
No one spoke.
Chairman DeHaven closed the public hearing.
Vice Chairman Wells moved for approval of Conditional Use Permit#03-21 for Winchester
Cold Storage. The motion was seconded by Supervisor Dunn and carried on a recorded vote as
follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Abstained
ORDINANCE
CONDITIONAL USE PERMIT#03-21
WINCHESTER COLD STORAGE
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Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
35
WHEREAS, CONDITIONAL USE PERMIT APPLICATION #03-21 was submitted by Winchester Cold
Storage to allow for a tractor truck and tractor truck trailer parking facility. The property is located on Brooke
Road, Winchester, Virginia and is further identified with Property Identification Number 54-4-4 in the
Stonewall Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on June 16,2021, and recommended approval with conditions; and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use
Permit during their regular meeting on July 14,2021; and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use
Permit to be in the best interest of the public health, safety,welfare, and in conformance with the
Comprehensive Plan;
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter 165
of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use
Permit#03-21 to allow for a Tractor truck and tractor truck trailer on the parcel identified with Property
Identification Number 54-4-4 is approved with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be submitted and approved by Frederick County prior to the establishment of this
use.
3. No new entrance shall be constructed from Brooke Road(Route 1322) for this Conditional
Use Permit; access shall only occur via an interparcel connection with PIN: 54-4-3.
4. The site plan shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
204.24 Tractor truck and tractor truck trailer parking.
+ + + + + + + + + + + + + +
CONDITIONAL USE PERMIT#04-21 FOR C CLAN, LLC—APPROVED
Zoning Administrator Mark Cheran reviewed the request for a Conditional Use
Permit(CUP)for a tractor truck and tractor truck trailer parking facility on two (2) parcels
located within the Carroll Industrial Park. He said the 2035 Comprehensive Plan identifies
these properties within an area of the County intended to remain industrial in nature. He
reviewed the conditions to be placed on the CUP as recommended by the Planning
Commission.
Supervisors McCarthy and Dunn discussed the planned Route 37 interchange,
the designation of a right of way for the interchange, and the possibility of the property
value being affected by the Conditional Use Permit.
Chairman DeHaven opened the public hearing.
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Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
36
No one spoke.
Chairman DeHaven closed the public hearing.
Supervisor Slaughter moved for approval of Conditional Use Permit #04-21 for C CLAN,
LLC. The motion was seconded by Vice Chairman Wells and carried on a recorded vote as follows:
Blaine P. Dunn No David D. Stegmaier Aye
Shawn L. Graber Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
CONDITIONAL USE PERMIT#0421
CCLAN,LLC
WHEREAS,CONDITIONAL USE PERMIT APPLICATION#04-21 was submitted by CClan,LLC.,to allow
for a tractor truck and tractor truck trailer parking facility. The properties are located on Ebert Road,
Winchester,Virginia and are further identified with Property Identification Numbers 43-21-7 and 43-21-8 in
the Stonewall Magisterial District;and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on June 16,2021 and recommended approval with conditions;and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use
Permit during their regular meeting on July 14,2021;and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use
Permit to be in the best interest of the public health,safety,welfare,and in conformance with the
Comprehensive Plan;
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter 165
of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use
Permit#04-21 to allow for a tractor truck and tractor truck trailer parking facility on the parcels identified
with Property Identification Numbers 43-21-7 and 43-21-8 are approved with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be submitted and approved by Frederick County prior to the establishment
of this use on these properties.The site plan for the property identified as 43-21-7 shall be
designed to accommodate the future Route 37 ROW.
3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
204.24 Tractor truck and truck trailer parking.
+ + + + + + + + + + + + + +
CONDITIONAL USE PERMIT #05-21 FOR COREY GARRISON—APPROVED
Minute Book 47
Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
37
Zoning Administrator Mark Cheran reviewed the request for a Conditional Use
Permit (CUP) for a boat repair shop located at 7341 Northwestern Pike, Gore. He said
the 2035 Comprehensive Plan identifies this property within an area of the County
intended to remain rural in nature. He reviewed the conditions to be placed on the CUP
as recommended by the Planning Commission.
Chairman DeHaven opened the public hearing.
No one spoke.
Chairman DeHaven closed the public hearing.
Supervisor McCarthy moved for approval of Conditional Use Permit #05-21 for Corey
Garrison. The motion was seconded by Supervisor Graber and carried on a recorded vote as
follows:
Blaine P. Dunn Aye David D. Stegmaier Aye
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE
CONDITIONAL USE PERMIT#05-21
COREY GARRISON
WHEREAS, CONDITIONAL USE PERMIT APPLICATION #05-21 was submitted by Corey Garrison to
allow for the operation of a Boat Repair Shop. The property is located at 7341 Northwestern Pike, Gore,
Virginia and is further identified with Property Identification Number 27-A-93 in the Gainesboro Magisterial
District; and
WHEREAS, the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on June 16,2021 and recommended approval with conditions; and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Conditional Use
Permit during their regular meeting on July 14,2021; and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Conditional Use
Permit to be in the best interest of the public health,safety,welfare, and in conformance with the
Comprehensive Plan;
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that Chapter 165
of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use
Permit#05-21 to allow for a Boat Repair Shop on the parcel identified with Property Identification Number
27-A-93 is approved with the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all
improvements completed prior to the establishment of the use.
3. This use shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
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Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
38
204.33. Boat repair shop.
4. Hours of operation shall not exceed 8 a.m. to 8 p.m. Monday through Sunday.
5. Any proposed business sign shall be monument style not to exceed twenty-five(25) square feet
in size and ten(10)feet in height.
6. No more than two (2) employees with this CUP.
7. Conditional Use Permit#04-01 shall be void upon approval of this Conditional Use Permit.
8. Any expansion or change of use shall require a new Conditional Use Permit
+ + + + + + + + + + + + + +
REZONING #01-21 FOR ONE LOGISTICS PARK WINCHESTER-APPROVED
Assistant Planning Director Candice Perkins reviewed the proposal to rezone 277.16+/-
acres from the R4 (Residential Planned Community) District with proffers to the B2 (General
Business) District and the M1 (Light Industrial) District with proffers. She said the subject properties
are part of the original Carpers Valley/Governors Hill Rezoning which was approved in 2005
(revised in 2009, 2013 and 2014) and rezoning #11-05 provided for 143 acres of commercial uses
and 550 residential units on six parcels of land (Land Bay 1 — Residential, Land Bay 2 —
Commercial). She continued saying this application proposes to rezone the majority of the site to
allow for industrial uses, with an area of commercial remaining at the intersection of Coverstone
Drive and Millwood Pike (Route 50 East) and removes the residential units associated with the
approved rezoning.
Assistant Planning Director-Transportation John Bishop provided an overview of the
transportation issues for the project.
Supervisors Graber and Stegmaier and Mr. Bishop discussed the number used in the
Traffic Impact Analysis and funding opportunities for the upgrade of the Exit 313 interchange.
Randy Minchew, representing the Applicant, reviewed the project and noted the delivery
of updated proffers for the project. Supervisor McCarthy asked whether the Applicant would agree
to a bond assuring completion of the four-lane buildout of Coverstone Drive regardless of VDOT
requiring the improvement. Mr. Minchew replied that the Applicant would agree.
Chairman DeHaven opened the public hearing.
Gray Farland, Back Creek District, spoke in favor of the rezoning saying the project is good
fit that will bring in revenues.
Faith Power, representing the Virginia Port Authority, spoke in favor of the rezoning saying
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Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
39
the project will benefit the community.
William Melvin, Shawnee District, spoke in opposition to the rezoning citing safety hazards
for the surrounding residents.
Wendy Johnson, Shawnee District, spoke in opposition to the rezoning citing traffic
concerns.
Charlie Mearkle, Shawnee District, said he was the owner of the property surrounded by
the project and spoke in opposition to the rezoning citing traffic concerns. He said the rezoning
would cause injury to his property and be a detriment to nearby landowners.
Ray Hicks, Shawnee District, spoke in opposition to the rezoning saying the development
is out of character with the surrounding residential areas.
Ann Silletto, Shawnee District, spoke in opposition to the rezoning citing noise concerns.
Michael Dick, part owner of the subject property, said the land will not remain vacant and
the Board must decide the best use. He urged the Board to support the rezoning.
Geoffrey Chase, Shawnee District, spoke in opposition to the rezoning saying the Exit
313 interchange is already over-utilized.
Matt Holben, Shawnee District,spoke in opposition to the rezoning citing traffic concerns.
Larry Camper, Shawnee District, spoke in opposition to the rezoning citing traffic
concerns near the expanding Shenandoah University campus and the proximity to the airport.
Brandie Place, Shawnee District, spoke in opposition to the rezoning citing traffic
concerns.
Harry Holloway, Shawnee District, spoke in opposition to the rezoning citing traffic
concerns and potential costs from the development.
Whit Wagner, Stonewall District resident and owner of property adjacent to the proposed
development, spoke in favor of the rezoning saying it is a low impact design in a perfect location
for such a project.
Mike Perry, Back Creek District, spoke in favor of the rezoning citing jobs and tax
revenue.
Ron Anderson, Shawnee District, spoke in opposition to the rezoning saying a truck stop
on Route 50 is unnecessary.
John Lesinski, representing the Russell and Dick families spoke in favor of the rezoning
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Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
40
saying the site is good location for a strategic data center.
Chairman DeHaven closed the public hearing.
Supervisors Stegmaier and McCarthy and VDOT representative Brad Riggleman
discussed the data included in the Traffic Impact Analysis.
Supervisor Stegmaier moved for denial of the rezoning. The motion died for lack of a
second.
Supervisor McCarthy moved for approval of Rezoning #01-21 For One Logistics Park
Winchester with the additional requirement of a bond to fund the four-lane buildout of Coverstone
Drive. The motion was seconded by Supervisor Graber.
Supervisor Slaughter asked County Attorney Williams for clarification of the bond
requirement.
Supervisor Stegmaier spoke in opposition to the motion.
Supervisor Graber spoke in favor of the motion.
The motion carried on a recorded vote as follows:
Blaine P. Dunn Aye David D. Stegmaier No
Shawn L. Graber Aye Robert W.Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann-Slaughter Aye
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING#01-21 ONE LOGISTICS PARK
WHEREAS,REZONING#01-21 One Logistics Park,was submitted by Gordon,to rezone 277.16+/-
acres from the R4(Residential Planned Community)District to the B2(General Business)and M1 (Light
Industrial)Districts with proffers.The properties are located approximately one mile east of I-81 on the
south side of Millwood Pike(Route 50),east of Prince Frederick Drive(Route 78 1)and Coverstone Drive
(Route 1538) and west of Arbor Court and Pendleton Drive in the Shawnee Magisterial District and are
identified by Properly Identification Numbers 64-A-83 64-A-83A, 64-A-84, 64-A-86 and 64-A 87; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Rezoning on
March 17,2021, and tabled the rezoning for ninety(90)days; and
WHEREAS,the Frederick County Planning Commission held a public meeting on this rezoning on
June 21,2021, and recommended approval; and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Rezoning during
their regular meeting on July 14,2021; and
WHEREAS,the Frederick County Board of Supervisors finds the approval of this Rezoning,with
further revised proffers,to be in the best interest of the public health, safety,welfare, and in
conformance with the Comprehensive Plan.
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that
Chapter 165 of the Frederick County Code,Zoning,is amended to rezone 277.16+/-acres from the R4
(Residential Planned Community)District to the B2(General Business)and M 1 (Light Industrial)
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Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
41
Districts,all as shown on the proffer statement bearing signature dated September 3,2020,revised July
14,2021. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are
attached.
+ + + + + + + + + + + + + +
PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS - None
+ + + + + + + + + + + + + +
BOARD LIAISON REPORTS - None
BOARD OF SUPERVISORS COMMENTS
Supervisor McCarthy noted the recent announcement that federal employees are in the
area dressed as Department of Health Employees.
Supervisor Graber noted the recent discussions of critical race theory and deep equity
programs saying the matters will be voted on in upcoming School Board meetings.
Supervisor Graber said he does not wish to see local funds spent by Lord Fairfax
Community College for a name change and will propose a budget amendment reducing County
funds to the College if they pursue a name change.
Supervisor Dunn discussed Juneteenth and the end of slavery.
Supervisor Dunn said he has been contacted by constituents concerned about mandatory
vaccines to enter employment or attend schools. He inquired if other Board Members would be
interested in sending a letter regarding opposition to such requirements.
CITIZEN COMMENTS
Karen Graff, Opequon District, referenced the June 9, 2021, Board Meeting when
discussion of the County's becoming a constitutional sanctuary occurred. She referenced the
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County of Frederick, Virginia
42
comments of some Board members saying they were pure political theater and did not serve the
constituents of the County.
Kathy Bishop, County resident, addressed the June 9 Board Meeting saying the Board has
sworn an oath to uphold all laws of the United States of America. She said calling for civil
disobedience appears to invite domestic terrorism and that the Board members were in violation of
their oath to the citizens.
John Toliver, Opequon District, said he lives in a constitutional sanctuary called the United
States. He said a constitutional sanctuary county would be one enacting its own laws and ignoring
federal and state laws. He said considering such a designation means the Board is dealing in
politics instead of conducting County business, and he is opposed to the County becoming a
constitutional sanctuary.
Phyllis Book, Opequon District, said the Board is in violation of its powers and duties by
considering or endorsing any resolution withdrawing from the state of Virginia or the United States.
She said the Board's support for constitutional sanctuary is brazen, illegal and abandons
government as a whole. She said the Board members are the tyrants rather than the politicians in
Richmond.
Eric Reifinger, Shawnee District, said critical race theory is not being taught n schools, that
transgender students are human beings deserving of rights like everyone else, and that vaccines
are already required in many cases.
BOARD OF SUPERVISORS COMMENTS
Supervisor Graber said the constitution is the supreme law and that laws not in agreement
with the constitution are tyranny. He said trans students deserve rights but should not be given
additional rights above others. He said the difference between currently required vaccines and the
new covid vaccines is the new ones are trial and not yet approved by the FDA.
Minute Book 47
Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
43
ADJOURN
On motion of Vice Chairman Wells, seconded by Supervisor Dunn, the meeting was
adjourned at 10.54 p.m.
Charles S. DeHaven, Jr. Mary T. Price
Chairman, Board of Supervisors Interim County Administrator
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
Minute Book 47
Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
44
Board of Supervisors Meeting Minutes of July 14, 2021 - Appendix 1
HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS
Friday,June 25, 2021
9:00 a.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
A Human Resources Committee meeting was held in the First Floor Conference Room(1006)at 107
North Kent Street on Friday,June 25,2021,at 9:00 a.m.
ATTENDEES:
Committee Members Present: Bob Wells,Chairman; Don Butler; Dave Stegmaier; Beth Lewin;
and Kim McDonald.
Staff present: Kris Tierney,County Administrator;Jay Tibbs, Deputy County Administrator;
DeLois Blevins, HR Manager;Seth Thatcher,Commissioner of Revenue; Scott Varner, IT
Director; Patrick Fly, Deputy Director IT-Security; Kathy Whetzel,Animal Shelter Manager; and
Holly Grim,Assistant Animal Shelter Manager.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS
1. Seth Thatcher,Commissioner of Revenue,sought approval adding new position,Chief Deputy
(Range12).The committee recommends approval of this position. (Exhibit A)
2. Scott Varner, IT Director,sought approval for a new position,Technology Administrative
Coordinator(Range 8). This position would replace the current Administrative Assistant
position (Range 6).The committee recommends approval of this position. (Exhibit B)
3. Kathy Whetzel,Animal Shelter Manager,submitted a nomination for the Employee of the
Month for Dana Lichliter. The committee recommends approval of Dana Lichliter as the June
2021 Employee of the Month. (Exhibit C)
ITEM FOR INFORMATION PURPOSES ONLY
N/A
Respectfully submitted,
HUMAN RESOURCES COMMITTEE
Bob Wells,Chairman
Don Butler
Beth Lewin
Doug McCarthy
Kim McDonald
Dave Stegmaier
By
L'
Michael J. Marciano, Director of Human Resources
Minute Book 47
Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
45
Board of Supervisors Meeting Minutes of July 14, 2021 - Appendix 2
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, June 28, 2021
8:30 a.m.
107 NORTH KENT STREET,WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present:Judith McCann-Slaughter, Chairman (Voting), Gary Oates
(Voting)James Racey(Voting), and Lewis Boyer (Liaison Stephens City).
Committee Members Absent: Charles De Haven,Jr. (Voting), Shawn Graber(Voting) and
Cordell Watt (Voting)
Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith,
Secretary.
ITEMS FOR INFORMATION ONLY:
1-Comprehensive Plan Update-Transportation: Staff updated the Committee on the draft map
updates for feedback and consideration. Staff gave an overview of two(2)versions of each map.
A map that showed potential changes highlighted and other map was with the changes in place.
It was recommended by the Committee for Staff to investigate the Stephen City bypass
alignment as it crosses the rail on the Kernstown Area map. Staff will update the Committee on
the final maps at the August 2, 2021 meeting along with text updates previously reviewed and
any text amendments to the small area plan for the Committees final approval.
2-County Project Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81
Bridge:The final signal mast arms are not yet put in place at the intersection of Route 522. The
final paving and striping remain to be completed on the interior roadway as well as signage and
some American with Disabilities Act (ADA) ramps. The Stormwater ponds are to be converted
to BMP's and final stabilization done. A meeting to discuss the final items to close out the
projects is scheduled for June 29, 2021.
Renaissance Drive: The final design plans have been submitted to VDOT and CSX. The review
comments have been addressed and Staff is waiting on the final design sign off from VDOT and
CSX. Also, the final pre-bid cost estimate has been received which currently shows a shortfall
just over $800,000.00 but staff is awaiting cost input from CSX and a summary of expected
remaining billing from our consultants before determining a final pre-bid estimate. The
Committee will be updated on determining the financial status of the project prior to moving to
bid.
3-Other: Staff gave an update of the Exit 317 and Redbud Road project that VDOT will be funding
the Exit 317 improvement. To have the funding available, VDOT has made it clear to have the
Redbud realignment project moved forward by the County. County Administration has given
Staff authorization to submit a revenue sharing pre-application. The Transportation Forum in
the Fall was also discussed. The Committee agreed that the Forum is a great way to learn and
meet the new Administration, Legislature and State Agencies together in one place for citizen
Minute Book 47
Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
46
interactions. Staff will be working to get a date and location availability. Also, VDOT gave an
update on current safety projects to start around July 15Y in the area to include Siler Road
shoulder improvements, Route 50 shale clean up and Back Mountain Road and Hayfield Road
intersection with improved of the site distance. The Rural Rustic Road Program will be starting
in July, as well.
Minute Book 47
Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia
Board of Supervisors Meeting Minutes of July 14, 2021 - Appendix 3
ABSTRACT of VOTES 47
Cast in FREDERICK COUNTY,VIRGINIA
at the 2021 June Democratic Primary Election held on June 08, 2021 for,
Attorney General
NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED
(IN FIGURES)
Mark R. Herring 1912
Jerrauld C. "Jay"Jones 817,
Total Number of Overvotes for Office 8
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on June 08, 2021, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election for the Attorney General.
Given d,r our hands this �7 day of
r� o?Off. l
Chairman
�G Vice Chairman
Secretary
Acting Secretary
Mirwte Book 47
Board of Supervisors Regular Meeting of July,-2021
County of Frederick, Virginia Cer+-- a J � !_opy
ABSTRACT of VOTES 48
Cast in FREDERICK COUNTY,VIRGINIA
at the 2021 June Democratic Primary Election held on June 08,2021 for,
Lieutenant Governor
NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED
(IN FIGURES)
Hala S.Ayala 1033
S. "Sam" Rasoul 508
Mark H. Levine 454
Andria P. McClellan 265
Sean A. Perryman 197`
Elizabeth R. Guzman 158'
Xavier JaMar Warren 80
Total Number of Overvotes for Office 1
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on June 08, 2021, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election for the Lieutenant Governor.
Given under our hands this day of 71^4,n _a P2 I
2nChairman
Vice Chairman
x
Secretary
Acting Secretary
ak 47
Board of Supervisors Regular Meeti<6* 26^ue Opy C
County of Frederick, Virginia
BSTRA,CT & VOTES 49
Cast in FREDERICK COUNTY, VIRGINIA
at the 2021 June Democratic Primary Election held on June 08, 2021 for,
Governor
NAMES OF CANDIDATES ON THE BALLOT TOTAL VOTES RECEIVED
(IN FIGURES)
Terry R. McAuliffe 1845
Jennifer D. Carroll Foy 519
Jennifer L. McClellan 219!.
Lee J. Carter 105,
Justin E. Fairfax 72'
Total Number of Overvotes for Office 1
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on June 08, 2021, do hereby certify that the above is a true and correct Abstract of Votes cast
at said election for the Governor.
Given and r our hands this_ IA day ofda /
Chairman
l , Vice Chairman
Secretary
Acting Secretary
► ookl47
Board of Supervisors Regular Meeting of July 14, 2021
County of Frederick, Virginia Gy�