044-25 (OrdAmendment(Chapter143StormwaterErosionAndSedimentControl) ORDINANCE
TO AMEND FREDERICK COUNTY CODE
CHAPTER 143 — STORMWATERIEROSION AND SEDIMENT CONTROL
§143-100 Purpose; §143-105 Authority; and §143-110 Definitions
WHEREAS, the Virginia Depart vent of Environlnental Quality (DEQ) adopted new regulations
related to stormwater management and erosion and sediment control; and
WHEREAS, the new regulation is 9VAC25-875-00 and the changes in the state regulations require
that Frederick County update the County Code, Chapter 143, Stoiinwater and Erosion and Sediment
Control, to stay in compliance.
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in
the interest of public health, safety, and general welfare, the amendment to Chapter 143, Stormwater
and Erosion and Sediment Control as displayed in the attached document is adopted.
Passed this 26`t' day of February by the following recorded vote:
Josh E. Ludwig, Chairman Aye John F. Jewell Aye
Heather H. Lockridge Aye Robert W. Wells Aye
Blaine P. Dunn Aye Judith McCann-Slaughter Aye
Robert T. Liero Aye
A COPY ATTEST
Michael L. Bollhoefer
Frederick County Admin st for
No. 044-25
Draft Stormwater/Erosion and Sediment Control Ordinance
Frederick County, Virginia. — Proposed County Code Chapter 143
1-13-2025 REVISION
May 44, 2024, nn A T.T VERSION
GENERAL REFERENCES
Stib&visien of land See Chapter- 44
Zoning See Ghapter- 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 chUt-.rpFdinePee is to establish minimum stormwater management
and erosion and sediment control requirements which:
1. Reduce flood damage to property; minimize the impacts of increased stormwater
runoff 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 and
drainage.
5. Maintain natural drainage patterns to the extent practicable to promote existing
hydrologic processes.
6. Promote infiltration of stormwater to recharge groundwater resources.
1
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 chapter^ 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 Coun eetint-y.
§143-105 Authority
A. This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1,Article 2.34
(§ 62.1-44.15:24--54 et seq.),known as the"Virginia Erosion and Sediffl eo, Ventre' raw;
Chapter-3�n� (§62.1 4 4.15.24 seq.), known as the Nlifgiaia
Stormwater Management Act"(VESMA)-
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) authori A*Ah-e�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 9VAC25-875-20 of the Virginia Erosion and
Stormwater Management Regulation
(NISNIP)Regulations, 9NIAG25 940 10 of the Vir-ginia Erosion and Sediment Central (NLESC)
Management Go,-44ea4ie (NISN4G) Regu -ti 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.
2
ADMINISTRATOR
The Virginia Erosion and Stormwater Management Program (VESMPP) authority
and Nlif inn Efosi r .,,,,a Seth.,..—A r,,n4 l « ESC;P) n„+he fity has been designated to
the Frederick County Public Works Department responsible for administering the
VESMPNISN4D and yESC;P on behalf of Frederick County, Virginia.
AGREEMENT IN LIEU OF AN EROSION AND SEDIMENT CONTROL PLAN
A contract between the VESMP"�authority and the owner or permittee that
specifies methods eonsef atio w,e-as ,-os that shallmtist.be implemented to comply with
the requirements of VESMA and this chapter for the ire-construction of a single--
family residential structure or(ii) farm building or structure on a parcel of land with a
total impervious cover percentage, including the impervious cover from the farm building
or structure to be constructed, of less than 5.0%, suchFesidenee. T contract may be
executed by the VESMP authority in lieu of a soil erosion control and stormwater
management plan or by the department acting as a VSMP3,7ESC;P authority in lieu of a
stormwater manage mentfefwt4�plan_Fer the feside
AGREEMENT IN LIEU OF STORMWATER MANAGEMENT PLAN
A contract between the VESMPNISN4P authority and the owner or permittee that specifies
methods that shall be implemented to comply with the requirements of a VESMP"
for the construction of a single-family residence; such contract may be executed by the
VESMP3v7SN4P authority in lieu of a stormwater plan.
APPLICANT
Any person applying fee ., land disc„-banee ro,mit an&lef ., sta- +o
per-seirsubmitting a soils erosion and sedir e ff ontrol and stormwater management
plan to a VESMP authorijyjeFgppfey4 or any pefsen 4v itfirg a stormwater
management plan to the department when it is serving as a VSMP authori . , for approval
in order to obtain authorization to commence a land-disturbing activity_ .
BEST MANAGEMENT PRACTICE or BMP
Schedules of activities,prohibitions of practices, maintenance procedures, and other
management practices, including both structural and nonstructural practices, m.,m�e
to prevent or reduce the pollution of surface
waters and groundwater systems_
1. "Nonproprietary best management practice" means both structural and nonstructural
practices to prevent or reduced the pollutions of surface waters and
groundwater systems that are in the public domain and are not protected by trademark or
patent or copyright.
2. "Proprietary best management practice" means both structural and nonstructural
practices to prevent or reduce the pollution of surface waters and groundwater systems
that are privately owned and controlled and mily be protected by trademark or patent or
cop ry i gh land dist,,-bi
3
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 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 VESMPP Permit for the larger common plan of development.
BOARD
The Virginia State Water Control Board. When used outside the context of the
promulgation of regulations, including regulations to establish general permits, "board"
means the Department of Environmental Quality.
CERTIFICATION
The designation issued by the department, on behalf of the Commonwealth, to
individuals who have completed department-aproved training programs and met any
additional eli_ig bility requirements or in other ways demonstrated adequate knowledge
and experience in accordance with the eligibility requirements of 9VAC25-875-410
related to the specified classifications (9VAC25-875-400)within the separate subject
areas of ESC or SWM or both.
CERTIFICATE OF (`nMPETERT!-'E
eampletion, „within o year-af4e-o llme t of the Be -d's t._*... , . r am for-:
A. PTajectspeeti�SC;
B. Pr-ij eet inspeet;o
Ghapter-fTit-le 54.1 f the r ede f Vif
D. Plan fee: S3AIN r.
L Pregfum miirrrt+a crvirTvrL-�,
F. Adfninist+4ien for-SAIM;
CHANNEL
A natural stream or manmadefnan made waterway.
4
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 topsoiltep-se4 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
where t4e timing of t4e development of any one et:mtiltiple lots or-par-eels may i:estilt in
separate and distinct construction activities may betaking place at different times on
different schedules.
CONTROL MEASURE
Any BMP, stormwater facility, or other method used to
minimize rev ent ^r o,uee the discharge of pollutants to statue 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 §143-145E . The design
storm for purposes of complying with the water quality provisions of§143-165C!65.C- 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.
5
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 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.
FILLING
Any depositing or stockpiling of earth materials.
FINAL STABILIZATION
One of the following situations has occurred:
A. All soil--disturbing activities at the construction 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), provides
75% or more vegetative cover with no significant bare areas, is mature enough to
survive, and will inhibit erosion.
B. For individual lots in residential construction, final stabilization can occur by
either:
6
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. The homebuilder shall maintain a copy of the written
notification and a signed statement certifying that the information was
provided to the homeowner in accordance with the stormwater pollution
prevention plan recordkeeping requirements as specified in Part II G 6 of
9VAC25-880-70
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, btA is ret li nite,a te, 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, btA 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, btA are r t limited te, 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
7
foot. This includes, but is not limited to, the floodway designated by the Federal
Emergency Management Agency.
GENERAL PERMIT
Awe permit authorizing a category of discharges under the CWA and the VESMAAc4
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 unless specifically identified as another order.
IMMEDIATELY
As soon as practicable, but no later than theme end of the next business day�,
following the day when the construction activities have temporarily or
permanently ceased. In the context of this eg neral permit4&& e' „ '�r ��
"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.
8
INSPECTION
An onsiteee-site review of the project's compliance with
distur�e S 4P a-ut Fern d-any applicable design criteria, or an
onsiteen site review to obtain information or conduct surveys or investigations necessary
in the implementation or enforcement of the VESMA, ESCL, and aplicable
regulations�his ehapte .
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
A manmade *y m^n v, a4e change to the land surface that may result in soil erosion or
has the potential to change its runoff characteristics, including
construction activity such as the '���*r^* '�m�*�' *^ clearing, grading, excavating, or
filling of land.
LAND-DISTURBANCE APPROVAL
An approval allowing a land-disturbing activity to commence issued by (i) a VESMP or
VSMP authority after the requirements of§ 62.1--44.15:34 of th ,
Code of Virginia have been met or GO a VESCP authority after the requirements of§
62.1-44.15:55 of the Code of Virginia have been metand iii t4is ehftptef.
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.
9
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.
MANMADE
MAN MAD
Constructed by man.
MEASURABLE STORM EVENT
A rainfall event producing 0.25 inches of rain or greater over 24 hours or snow melt from
a snow event producing 3.25 inches or more of snow within a 24-hour period.
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
9VAC25-875-12409:79-640. 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 ands 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 bankfullbank 441 storm event within its
banks and allows larger flows to access its bankfull bench and its floodplain.
NATURAL STREAM
A tidal or nontidalfien 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 the VESMA and this chapter.
In the context of stormwater associated with a large or small construction activity,
"operator" means any person associated with a construction project that meets either of
the following two criteria: (i)the person has direct operational control over construction
plans and specifications, including the ability to make modifications to those plans and
specifications or(ii) the person has da. -t� perational control of those activities at a
10
project that are necessary to ensure compliance with a stormwater pollution prevention
plan for the site or other permit or VESMP authority permit conditions (i.e., the person is
authorized to direct workers at a site to carry out activities required by the stormwater
pollution prevention plan or comply with other permit conditions). In the context of
stormwater discharges from an MS4, "operator" means the operator of the regulated MS4
s sy tem..,-o—Infi— tinder-t4is n,-,a;,,anee
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 VESMPVSN4P AUTHORITY PERMIT
An approval to conduct a land-disturbing activity issued by the Frederick County Public
Works Department, the permit-issuing VESMP"�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 CojMjyVSN4P ,,,A that includes a state VESMPA.7SN4P 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 Coun N'SMP .,,,*he fitm., 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 VESMP"�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
11
Refers to conditions that reasonably may be expected or anticipated to exist after
completion of the land development activity on a specific site or tract of land.
PREDEVELOPMENT
PRE DE E OP ENT
Refers to the conditions that exist at the time that plans for the land-disturbing activity_
are submitted to the plan approval VESMP37
authority. Where phased development or plan approval occurs (e.s. 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 to
assess_,, 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. On or after July 1, 2025, "qualified
personnel" shall hold an unexpired Dual Inspector certification issued by the department;
an unexpired Inspector for Erosion and Sediment Control certification and an unexpired
Inspector for Stormwater Management certification, both issued by the department, a
Construction General Permit Qualified Personnel Certificate issued by the department or
the Virginia Department of Transportation, or an equivalent certification provided by
EPA currently titled Construction Inspection Training Course).
REGULATIONS
The Virginia Erosion and Stormwater Management RegulationP+egf n /V-SM I
Regttlatieffs, 9VAC25-8758-78-10 et seq, as amended„
Sediment Gaat- i Regulations 9VAG25 Qnn 10 et seEt, ., ended or the
eg neralGeffefM VPDES permits regulations, 9VAC 25n3'�5-880-10;et seg1J as
amended.
RESPONSIBLE LAND DISTURBER or"RLD"
An individual holding a certificate issued by the department
development team, who is will be i ehaEg ^NA responsible for carrying out thea land-
disturbing activity in accordance with the ,
wheiapplieable of an pproved erosion and sediment control plan. The RLD may be;
W41-6-
12
B. holds a etffr-ent eet4ifie e f,.em-peten e f,,.,, t4e Bea-,a f the owner,
applicant,permittee, designer, superintendent,project manager,afee-4
G. holds a - rtl contractor, or any other project or development team member.
The RLD must be designated on the eet4:f:e4e of,.,,mpetene erosion and
sediment control plan;or permit as defined
in this chapterllir-gi*ia as a prerequisite for engaging ink
r e* eet4ified !a-n aseape ar-ehiteet or land disturbance
Seetiaii §54.1 400 et seq. ef Chapter- 4 ef Title 54.1 ef the Cede ef Vir-ginift.
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 land development projects4e from a prescribed
design storm event.
SINGLE FAMILY RESIDENCE
A noncommercialnen ,.,.mme : ' dwelling that is designed to be occupied exclusively
by one family.
SITE
The land or water area where any facility or
par-eel of la*d being developed, or-a designated area of a-par-eel in Whieh t4e la*d
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, btit iiet limited te, 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
13
sewer s istem-Mtmieipal 7epafate Sterm Sewer ms(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_:O1 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 stormwater conveyance systems;
B. NATURAL STORMWATER CONVEYANCE SYSTEM
The main channel of a natural stream and the flood-prone area adjacent to the main
channel; or
C. RESTORED STORMWATER 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
14
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, ' tit not limited to, the quantity and quality, the period of release or the
velocity of flow.
STORMWATER MANAGEMENT HANDBOOK
The Virginia Stormwater Management 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.
STORMWATER MANAGEMENT PLAN
Documents containing material€er-describing methods for complying with the
requirements of a VESMP ee and toe VSN4P Permit ro „l ,-iens
STORMWATER POLLUTION PREVENTION PLAN or SWPPP
A document that isDeetimeiits prepared in accordance with good engineering practices
and that identifiesklent potential sources of pollutants that may reasonably be expected
to affect the quality of stormwater discharges. A SWPPP required under a VESMP or
VSMP for fFem t4etionstruction activitiessite. Inraddition, doetiffleni shall identify
and require the implementation of control measures;and shall include or incorporate
not be limited to toe ineltisier of-, ar ti-err by reference€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- 1_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_ 2. All interstate waters,including interstate wetlands;
15
3. 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:
a. That areis tsed or could be used by interstate or foreign travelers for
recreational or other purposes;
b. From which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or
c_That area used or could be used for industrial purposes by industries in
interstate commerce;.-
D- 4. All impoundments of waters otherwise defined as surface waters under this
definition;
L_ 5_Tributaries of waters identified in subdivisions 1 through 4-D of
this definition;
F_ 6. The territorial sea; and
G- 7. Wetlands adjacent to waters (other than waters that are themselves wetlands)
identified in subdivisions 1 through 6F of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the
requirements of the CWA and the law, are not surface waters. Surface waters do not
include prior converted cropland. Notwithstanding the determination of an area's status as
prior converted cropland by any other agency, for the purposes of the CWA, the final
authority regarding the CWA jurisdiction remains with EPA.
TOTAL MAXIMUM 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.
16
VIRGINIA EROSION AND SEDIMENTSEWELNT 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 chapter: e, and evaluation
consistent with the requirements of this chUt-.raF64e 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;
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;
17
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 �a'�L
A collectionweb4te that contains detailed design standards and specifications for control
measures that may be used in Virginia to comply with the requirements of the
VESMA and associated regulations.
VIRGINIA EROSION AND STORMWATER MANAGEMENT ACT or VESMAAPT
Article 2.3 (§ 62.1--44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title
62.1 of the Code of Virginia.
VIRGINIA STORMWATER MANAGEMENT HANDBOOK
aA collection of pertinent information that provides general guidance for compliance
with the VESMAAe4 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.
18
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.L-
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-
-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.,
19
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. In such situations, the VESMPNISN4P 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 or
CGP
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.
In 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; 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
20
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
VESMPVSN4P 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 stormwater management plan approved by the
County.
Reference: §62.1-44.15_.34. A
§143-130 Permit applicationAppliention
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 formT r,a D s+,,,-t.,fiee Derm:+
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 VESMP"�land-disturbing activity;
21
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 VESMPP 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 VESMPP authority that includes a
state VESMP 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
6. Evidence of coverage under the state general permit for discharges from construction
activities through the state electronic database; and-
7. BMP Maintenance Agreement
Reference: 9VAC25-875-500; Q�9VAC25-875-510; 9:70 109;9VAC25-875-530;
9VAC25-875-535; 9VAC25-875-1290, et seg.;8q9-7-54,-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;
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; 9VAC25-875-5009:79-54; 9VAC25-875-510, 8qO 48
931AC25 970 117o
22
§143-145 Applicable design standards, specifications,Desigit Standards, Speeifientions and
methodsMetheds
A. The standards contained within the Virginia Erosion and Stormwater Management
Regulation (VESMR ,
Sediment r ntf l u,,.,,abook(vEcru) (14est edit eii) the Virginia Stormwater
Management Handbook(VSMH) (latest version), and any additional guidance
provided by the VESMPVSN4P Authority are to be used by the applicant in the
preparation and submission of an erosion and sediment control plan, and by the
VESMP P 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: 9VAC25-875-590
C. The erosion and sediment control plan and stormwater management plan shall consider
all sources of surface runoff and all sources of subsurface and groundwater flows
converted to surface run-off.
Reference: 9VAC25-875-510 9:70 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. Implementation 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.
23
3. The U.S. Department of Agriculture's Natural Resources Conservation Service
(NRCS) 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: 9VAC25-875-600, 9VAC25-875-620970-72
6. All proposed sediment control or stormwater impounding structures shall be designed
in accordance with State standards.
Reference: 9VAC25-875-6509:79-95
§143-148 Grandfathering provisions
A. Any VESMP"�land-disturbing activity shall be considered grandfathered by the
VESMPNISN4P authority and shall be subject to the Dar*11 r lnyn r2c 970 93 of se
technical criteria of Article 4 9VAC25-875-670 et sec.) of the regulationshis ehapte
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 9VAC25-875-6709 70 10, (iii)will comply with the
Part 11 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
VESMP"�authority and shall be subject to the Pftft-�technical criteria of Article
4 of this chapter provided:
24
I. 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 D�technical criteria of Article 4 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 financing has been issued for a
project prior to July 1, 2012, such project shall be subject to the technical criteria of
Article 4Pat4 11 G.
E. Nothing in this section shall preclude an operator from constructing to a more stringent
standard at his discretion.
ReferenceR es: 9VAC25-875-490870-48, § 62.1-44.15:25, 62.1-44.15:28
§143-150 Stormwater pollution prevention plan componentsPollut on Pr-e ,,,ntio., n!.,.,
CompoHe 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. VESMPNISN4P 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.
25
C. VESMPNISN4P 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 §9VAC25-875-500870-54 shall be
included with each plan submitted for review.
Reference: § 62.1-44.15:34; 9VAC25-875-500, 8q9-�3,9VAC25-875-510; 0 54;9VAC25-
875-520, 9VAC25-875-550970-30; 9VAC-880-70 PartSee6en II.
§143-155 General stormwater pollution prevention planttor- .,._,. ter- Pollution Pr-e ,,,ntion
(SWPPP) requirements
A. In 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--44.15:34 A, 62.1-44.15:-55 B
C. The SWPPP must be maintained at a central location on-siteee. If an on-siteee
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: 9VAC25-875-500970-54 G
§143-160 Erosion and sediment controlSediment Contr-o (ESC) programgreg-mmn and plan
requirements
26
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 by the County 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 9VAC25-875-
560$40-40, 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 measure�g;
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
27
expected volume of runoff and sediment erosion, sedimentation, and transport during
the land-disturbing activity:
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 NRCS hydrologic methods as
described in the Virginia Stormwater Management Handbool.1AIR CH a+i
NISIALN414, latest versioneditions; 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 Statute standards;
8. Sediment basins and traps, when used in accordance with the requirements of the
Virginia Stormwater Management Handbook,VESGH shall incorporate an outlet
structure that discharges from the surface (i.e., above the permanent pool or wet
storage water surface elevation).-
Reference: 9VAC25-880-70 Part II.B.2; 9VAC25-875-5609:70 54. F, 9V^G"'5-840-4-0
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 (9VAC25-875-560-949):
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 9VAC25-875-560 84-0-.191
(Minimum Standard 19 of the Virginia Erosion and Stormwater Management
RegulationSedi eat Gent,- l Regt l bons).
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-
28
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_;
29
9. Temporary natural vegetated buffers in accordance with the requirements of the
VESMPNISN4P 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 A,B, 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-
875-560840 40, the following more stringent changes are applied within the County:
1. Subsection 6b&h. 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 v-g-u�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 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 Subsection GO) e until the streets
are taken into the Virginia Department of Transportation's Secondary Road System
30
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 survey for all lots on which
proposed lot grading plans were required. This certified as-built surveypla*shall
indicate the following: properly annotated boundary lines; setback lines;
house footprint; offsets to house; existing grading; spot shots as necessary to show
positive drainage; spot shots at ten (10) foot intervals along all drainage swale
with less than a 3% slope; actual driveway location; actua„lfeposed 4i' ..o ay;
p�epesed 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 certified as-built survey shall be
31
submitted to the Public Works Department prior to release of the final certificate
of occupancy_;
6. Before adopting or revising this chapter^ , 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 managementMantigeme (SWM) plan reguirementsNa-u
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. Information on the type of and location of stormwater discharges, information on
the features to which stormwater is being discharged including surface waters or
karst features if present, and pre-development and post-development drainage
areas.
a-.b.Contact information including the name, address, telephone number, and email
address of the owner and the tax map identification number and parcel number of
the property or properties affected_;
b-.c.Narrative that includes a description of current site conditions and final site
conditions or if allowed by the Coun YVSN4P affth fity, the information provided
and documented during the review process that addresses the current and final site
conditions_;
e-d.A eg neralGeffefa4 description of the proposed stormwater management facilities
and the mechanism through which the facilities will be operated and maintained
after construction is complete_; ;
;
32
e. Information on proposed stormwater management facilities, including
i. Detailed narrative on the conversion to a long-term stormwater
management facility if the facility was used as a temporary ESC
measure;
ii. The(i)type of facilities
iii. Location; , including geographic coordinates
iv. Acres, ( treated
-f-v. Thy) surface waters or karst features into which the facility will
discharge;
g-. Hydrologic/hydraulic computations,including runoff characteristics_;
4-.g_Documentation/calculations verifying compliance with water quality and quantity
requirements of this chapter. ,
i. Map or maps of site that depicts topography of the site and includes:
a) All contributing drainage areas.
b) Existing streams,ponds, culverts, ditches, wetlands, other water bodies,
floodplains.
j-.�cSoil types, geologic formations if karst features are present in the area,
forest cover, other vegetative areas_;
1- Current land use including existing structures, roads, locations of
known utilities and easements_;
kejSufficient information on adjoining parcels to assess impacts of
stormwater from the site on these parcels.=
i*rf Limits of clearing and grading,proposed drainage patterns on the
site
rrgL_Proposed buildings,roads, parking areas, utilities, stormwater
management facilities_;
e-h)__Proposed land use with tabulation of percentage of surface area to
be adapted to various uses, including btA not limite e planned locations
of utilities, roads and easements_;
p-i_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_;
33
JyA stormwater management plan shall consider all sources of surface runoff and all
sources of subsurface and groundwater flows converted to surface runoff;
Reference: 9VAC25-875-510
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 the BMP
Design Sta-Hd rds are Specifications of the Virginia Stormwater Mana_eig Went
Handbook.;
3. Runoff Reduction Method compliance spreadsheet summary sheet.Gemplianee
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 Virginia Stormwater
Management HandboolPesign Ma4ittals and the County requirements.
6. When applicableApplieable, 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 s4mit+ed-p
to plan appf-val;
7. When stormwater facilities are proposed on individual residential lots, a copy of the
proposed residential lot-gesidei tial BMP inspectionfiispeetieff and maintenance
agreemen 4ainte a ee Agreement to be signed by the property owner upon
settlement. This must be submitted prior to plan approval_;
8. If an o ep ratorftpp4eairt intends to meet the requirements established in
9VAC25-875-580 or 9VAC25-875-600 through the use of^ pr-tion C of this
seetieii offsite compliance options, where applicable, then a letter of availability
from the offsite provider must be included, and the use of toe off-site options shall be
34
C. Stormwater management(SWM)plans shall demonstrate compliance with the following:
1. Stormwater runoff quality and runoff volume reduction criteria for new
development_;
Reference: 9VAC25-875-580
2. Stormwater runoff quality criteria for development on prior developed lands
Reference: 9VAC25-875-580
3. Channel protection criteria=;
Reference: 9VAC25-875-600
4. Flood protection criteria.-
Reference: 9VAC25-875-600
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: 9VAC25-875-600
D. Prior to release of the stormwater plan surety bond, two{ sets of the construction record
drawing or as-built of permanent stormwater management facilities, also referred to as
"as-built plans," in accordance with Coun eel requirements shall be submitted to the
Administrator. The construction record drawing 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. The record drawing shall contain a
statement signed_ by a professional registered in the Commonwealth of Virginia pursuant
to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, stating;eeFt
that to the best of the professional's knowledge, the construction record drawingshows
hows
all adjustments and revisions to the stormwater management plan made during
construction and serve as a permanent record of the actual location of all f4eilitie, ha-,e
beer+constructed elements.i erdanee w44 the a e plan;
Reference: 9VAC25-875-535,8-:7z(.) i n4 93T G25 970 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
35
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." anagement Faei it-y
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 operation8perati-en and maintenance
agreemen 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: 9VAC25-875-5359:'�=.
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: 9VAC25-875-5354''�i.
3. Maintenance agreements shall be in accordance with the County requirements (BMP
Inspection and&Maintenance Program) and provide for all necessary access for
inspections_;
Reference: §62.1-44.15:39; 9VAC25-875-5354''�i.
4. Except as provided in Subsection F(51 below, maintenance agreements shall be
enforceable (by the Administrator).)-
Reference: 9VAC25-875-5359:'�z.
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 and maintenance agreement-Resi eft6al T BN4P
acknowledging the presence, purpose,
location, and basic maintenance requirements for the particular BMPs in accordance
with County requirements_,
Reference: 9VAC25-875-5354''�i
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
36
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 planD--eve Lion (PPP)
A. A pollution prevention planPolkitio Preventioi Pla (PPP)is required for all
VESMPNISN4P 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 Virginia Stormwater Management
Handbook 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 Virginia
Stormwater Management Handbooks owity NISN P Manti l (if adopted) as necessary
throughout all phases of the land-disturbing activity to implement appropriate pollution
prevention measures applicable to construction activities.
Reference: 9VAC25-875-520870 56 Pall I; ,, r o o 60 „hall
§143-185 Review and approvals of 1p ans
A. Upon receipt of a plan for a permit and accompanying plans as required by §143-150, 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 6045 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=;
t4e 15 ealendar- days, the-plans shall be deemed eem-plete as of t4e da�e of stibmission a
t4e plans;
D_.C. If the plans are not approved, the reasons for not approving the plans shall be
provided in writing to the applicant„
37
&D. The Administrator shall review within 45 calendar days of the date of
resubmission any plans that been previously disapproved_;
F-.E. Unless otherwise indicated in the application, electronic communication shall be
considered communication in writing.
Reference: §62.1-44.15:55B; §62.1-44.15:34A, 9VAC25-875-11034 9NIA 25 9:70 55
BWAG25 970 i n4
§143-190 Preconstruction meeting reguiredPre Construetion Meeting Required
No land disturbing activities shall commence until a preconstruction meetingPre Gaastft
Nlee6iig 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, transferTiffle LiM45
;1odifiettien-;ntenaft^^, Tr-nnsfe and/or termination of Frederick
County ep rmitVte�and the VESMPNISA4P Authority Permit
A. Permit issuance. e-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
VESMPVSN4P 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 09,112,12018)
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 VESMP authority
eb rmitVSMP n„+herity Po,-,,;+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 VESMPVSN4P 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
38
inadequate a modified plan shall be submitted and approved prior to the resumption of
land-disturbing activity_;
Reference: 9VAC25-875-240940-80. R
D. VESMPNISN4P Authority Permits are effective for a fixed permit cycle of 5 years.
Activities requiring a VESMPVSN4P 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 VESMPNISN412 Permit coverage was issued between
July 1, 20142009 and June 30, 20192014 permit cycle may remain subject to the
technical criteria of Part II BE of the Virginia Stormwater Regulations for two additional
permit cycles provided coverage under the original VESMPVSN4P Permit is maintained.
After two permit cycles have passed, or should the original VESMPN7SN4p Permit
coverage not be maintained,portions of the project not under construction shall become
subject to any new technical criteria adopted by the VESMPN7SN4P Authority after the
original VESMPP Permit coverage was issued_;
F. Land-disturbing activities for which VESMPP Permit coverage was issued between
July 1, 20142009 and June 30, 20192014 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 11 B for any remaining portions of the project.
Reference: §62.1-44.15:24, 9VAC25-875-480249N7 C25 970 47
§143-200 Variances/exceptionsE-. �
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 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_;
39
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,
Stormwater management(SWM)plan requirements. Plan Ro,,,,:rements. 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 the VESMA and 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 VESMPVSTN4P permits be granted, nor shall the use of a BMP
not found throughe*the Virginia Stormwater BMP Clearinghouse�x�e 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.
E. A record of all exceptions granted shall be maintained by the County in accordance with
9VAC25-875-180
Reference: 9VAC25-875-170, 9VAC25-875-1809409 IAG25 970 122
§143-205 Amendments to approved plans
A. The County may require changes to an approved erosion and sediment control plan
and/or stormwater mana eg ment
plan in the following cases:
1. Where inspection has revealed that the plan is inadequate to satisfy applicable
regulations; or
40
Where the owner findsnei:sen responsible for ean=y41g et4 the appreved„'�r
,aow enst,- t that because of changed circumstances or for other reasons the
plan cannot be effectively be-carried out, and proposed amendments to the
plan are consistent with the requirements of the Act are agreed tom
Referenee: §62.1 ^^..'-�G
B-.2. Amendments to ., appr-eNled SIAI T Plan fna-y be made only after-,-o e „ a
by the VESMP authority and
ho ,,,Adi4i-din aeeer-danee-w4l+-the ownerfellowing:
!,f t is ..hapto,-(,-efo,-to §1 A2 1 65);
,a stiehr sts
0 0
Reference: 9VAC25-875-110-970-409
C-.B. Amendments to an approved SWPPP may be required in order to reflect changes
in the implementation of an approved ESC or SWM Plan. In addition to the requirements
of Subsection A 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. RevisionsWher-e evi iR44 , to the SWPPP shall include additional or modified control
measures designed and implemented to correct problems identified. If aproval by the
Administrator is necessary for the control measure,, aiH stie, revisions to the
SWPPP shall be Fe"ire t e A,a,, mist-.,te appreval, t e additional „t,- l meastires
shall be completed no later than five businesswit i ea rd-a-days followingef
approval. Implementation of these additional or modified E)r p, to t e next
41
control
measures shall be accomplished as described in Part II H of the general
permit implemented as seen as pr-aet; ,i,io•
4. Amendments, modifications, or U [atesRevisions to the SWPPP shallffittst belted
signed in accordance with Partgee6ee III K 2 of the _general permit and shall
include the required certification in accordance with Part III K 4 of the general
permit. Changes to any component of an approved SWPPP with VESMP3V7SN4P
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.
Reference: 9VAC25-880-70 Part II C. General permit.
§143-210 Monitoring and inspections during activities
A. Erosion and sediment controlSediment Gentfol
I. 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
9VAC25-875-140840-60 of the Virginia Erosion and Stormwater Management
Re ulg ation 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.
a. 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 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.
42
b. 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 chaptere .
Reference: § 62.1-44.15:37, § 62.1-44.15:58
3. Upon issuance of an inspection report denoting a violation of Code of Virginia
§62.1-44.15:55, ^—�-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 chapter^.
Reference: § 62.1-44.15:37, § 62.1-44.15:58
43
B. Stormwater
1. The VESMP�,�P 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 B 4 D of
§143-210. The VESMP"�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 VESMPN,�MP 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: 9VAC25-875-140§62.1 ^^ter
5. The VESMPNISN4P Authority will inspect all regulated activities covered by a
VESMPP authority permit to ensure the operator is conducting and documenting
the operator inspections as required by the County and is appropriately updating the
44
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: Subsections B 1 2 and 3 above: 9VAC25-875-1409 0 114 A�
6. All activities covered by a VESMPNISN4P 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 Coun inspector upon request.
Reference: 9VAC25-880-70
7. Prior to the release of any performance bonds or termination of the VESMPP
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 man-mademantRade ditches at
fifty-5-0-foot intervals.
v. Extent of all riprap outfall protection.
2. Topographic survey of all constructed SWMBMP 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.
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 9VAC25-875-5359:70 109
8. Reports; recordkeeping
a) On a fiscal year basis (July 1 to June 30), the County 4SN9 +�shall
report to the Departmentdepa4mef4 by October 1 of each year in a format
45
provided by the Department4epa4met4. 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 VESMPNISN4P 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 9VAC25-875-
530870-59 shall be documented and retained for at least three years from
the date of project completion or state permit termination_;
Reference: 9VAC25-875-180
§143-215 Monitoring and inspectionslHspeetions 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
stormwaterS BMP maintenance agreement 4aintenaflee Agreement.as
described in §143-165 and in accordance with Countyeetiiity 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 Virginia Stormwater Management Handbook.
46
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_9VAC25-875-130, 9VAC25-875-1404''�i
C. The Administrator will ensure that permanenta74 stormwater management facilities are
being adequately' maintained as designed after completion of land-
disturbing activities according to the following:
1. The Administrator shall track the fives-year frequency comprehensive inspection
report submittals as required by the recorded maintenance agreement and in
accordance with County requirements. The Administrator or the Administrator's
designee, not to include the owner, except as described below, shall conduct
maintenance inspections at a minimum of once every 5 years for certain BMPs as
defined by County requirements.
2. The Adminstrator may utilize the inspection reports of the owner of a stormwater
management facility as part of an inspection program established in subsection A of
this section if the inspection is conducted by person who is licensed as a
professional engineer, architect, landscape architect, or land surveyor pursuant to
Article 1 r§ 54.1-400 et sect of Chapter 4 of Title 54.1 of the code of Virginia, a
person who works under the direction and oversight of the licensed professional
engineer, architect, landscape architect, or land surveyor, or a person who holds an
appropriate certificate of competence from the department.
2-.3.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.
References: 9VAC25-875-140, § 62.1-44.15:39
D. The Administrator shall notify the property owner or owner's association in writing in
accordance with §143-225B 1A 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 Coun eetH4�,shall
47
have the authority to initiate enforcement action in accordance with §143-225B(6)I2-5-.B
and perform the work and recover the costs from the responsible party.
§143-225 Enforcement; violations and penalties
A. Erosion and sediment control. Sediment Gon4el:
1. Violators of this chapter^ shall be guilty of a Class I misdemeanor_;
2. Any person who violates any provision of Va. Code §§ 62.144.15:34-_'�55 62.1-
44.15:55
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. In 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§§_*62.1-44.15:34-54�, 62.1-
44.15:55-56,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 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
48
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 chapter.^
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 parry
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 stormwater
BMPs 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; or
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_=
49
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 VESMP"�authority or
Department.
b) In addition to the cessation of all activities as described in Subsection B(3)(a)
above, the permittee may also be subject to having the VESMPNISN4p
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 chapter.^
Re€eren ee: §62.1 44.15:63.; §6211415
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 VESMP"�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 Coun eetH+t�,
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 VESMP3,'SN4P Authority may refuse to approve further work and
the Coun eeuf4�,may revoke existing permits or approvals until a revised
stormwater management final plan has been submitted and approved_;
5. Commencing activities^yea without an approved plan^ppfe od P a or a
ep rmit.
a. If activities have commenced without an approved plan, agreement in lieu of a
plan, or a VESMPNISN4P 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^ir^u �of the
50
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
Directorder 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 Courtek-etii
eeert.
6. Maintenance of permanent stormwater facilities_
a. If during periodic inspections to ensure that stormwater management facilities
are being adequately maintained as designed, the VESMP 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
maintenanceMaintenanee and inspectionLnspeetimea agreement, the
VESMP^,�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_;
b. If the individual or organization fails to comply with the notice within the
time specified, the VESMPVSN4P 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 chapters 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 VESMP authorit VSNIn ^u�or any provisions of
this chapter may be compelled in a proceeding instituted in any appropriate court
by the VESMP authori1yVS 4P ^ttt4 fimt: , to obey same and to comply therewith
by injunction, mandamus, or other appropriate remedy.Nothing in this section
shall prevent the VESMP authorilyVSNP ^„*''eF4 ,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 VESMP^,�permit, or who fails,
neglects, or refuses to comply with any order of the VESMP authority"
51
ti , 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_;
a. Violations for which a penalty may be imposed under this subsection shall
include but not be limited to the following:
i-i-1h_No permit registration;
-,�-21_No SWPPP;
Ni-3J_Incomplete SWPPP;
4�SWPPP not available for review;
Failure to install stormwater BMP or erosion€f:esieo and sediment
controls Sed meat r-eiit,- ls;
6� Stormwater BMPs improperly installed or maintained;
*-.2L_Operational deficiencies;
*i-.�) Failure to conduct required inspections;
*ii-.21_Incomplete, improper, or missed inspections;
10 Discharges not in compliance with the requirements of the VESMP
construction general permitNISN P C7ei «..,,etier G ref l Pe-m i ; and
*i-v-11 No approved erosion€fesieii and sediment control )IanSediffieli
ramOR tf i P1a4
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
52
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.
References:§ 62.1--44.15:37, §62.1-44.15: 48; §62.1-44.15:63,
02.1-44.15:64
§143-230 Hearings
A. Any permit applicant,permittee, or person subject to the Frederick County land-
disturbing permit, VESMPNISN4P 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-
44.26 of4-5-:-�the Code of Virginia. Hearings must be conducted by the Board of
Supervisors at a regular or special meeting. In 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: 9VAC25-875-16nRighTioh 62.1 44.'5:45. 14ea-:fins
§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
chapterafg-ee, 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
53
in the land disturbance activity occurs or is proposed to occur. Unless otherwise provided
by law,the Circuit Courteir-et it eetit4 shall conduct such review in accordance with the
standards established in § 2.2-4027, and the decisions of the Circuit Court^iret14 eetit4
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;
A-ii. Sucher 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) stteh if�twy will likely be redress
iii. Such injury will likely be redressed by a favorable decision by the
court.
Reference: 02.1-44.15:46.
§143-235 Fees
A. The Board of Supervisors, by resolution, may establish a schedule of fees for the
application, modification, transfer and maintenance of storm-water/erosion and sediment
control permits and plans.
B. The fee for the Frederick County Permit and fees for coverage under the VESMPNIS'N4P
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 VIIIX44I of the VESMP RegulationV-SN D Do��
Table 1: Fees for coverage under the VESMP"�Construction General Permit/VESCP
Type of Permit Total Fee Paid Portion to be
by Applicant Paid to
DEQ
VESCP permit fee (all land disturbing activities, excluding $500 + N/A
individual single-family dwellings) $100/acre
VESCP permit fee (land disturbing activities begun without permit, $1,500 + N/A
excluding individual single-family dwellings) $200/acre
54
VESCP permit fee for single family detached/attached residential
structures within or outside a common plan of development or sale $290 N/A
with land disturbance acreage less than five 5 acres
VESCP permit fee (single family dwellings begun without permit) $580 N/A
VESCP single family dwelling re-inspection fee $75 N/A
VESMPNISN4P General/ Stormwater Management- Small
Construction Activity/Land Clearing (Sites or areas within common
plans of development or sale with land disturbance acreage equal to or $2,700 $756
greater than 1 acre and less than 5 acres
VESMP"�General / Stormwater Management—Large
Construction Activity/Land Clearing (Sites or areas within common
plans of development or sale with land disturbance acreage equal to or $3,400 $952
greater than 5 acres and less than 10 acres
VESMPVSN4P General / Stormwater Management—Large
Construction Activity/Land Clearing (Sites or areas within common
plans of development or sale with land disturbance acreage equal to or $4 500 $1,260
greater than 10 acres and less than 50 acres
VESMPNISN4P General / Stormwater Management—Large
Construction Activity/Land Clearing (Sites or areas within common
plans of development or sale with land disturbance acreage equal to or $6,100 $1,708
greater than 50 acres and less than 100 acres
VESMP"�General / Stormwater Management—Large
Construction Activity/Land Clearing (Sites or areas within common
plans of development or sale with land disturbance acreage equal to or $9,600 $2,688
greater than 100 acres
C. Fees for the modification or transfer of coverage under the VESMP construction general
ep rmitlISN4P Gefis defie Gefte fal De-.mi 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 VESMP
Authority Permit for Discharges of Stormwater from Construction Activities
Fee
Type of Permit Amount
55
VESMP^,�General / Stormwater Management- Small Construction
Activity/Land Clearing (Areas within common plans of development or sale $20
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)
VESMP^'�General / Stormwater Management- Small Construction
Activity/Land Clearing (Sites or areas within common plans of development or $200
sale with land disturbance acreage equal to or greater than 1 acre and less than
5 acres)
VESMP^'�General / Stormwater Management—Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or $250
sale with land disturbance acreage equal to or greater than 5 acres and less than
10 acres)
VESMP^'�General/ Stormwater Management—Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or $300
sale with land disturbance acreage equal to or greater than 10 acres and less
than 50 acres)
VESMP^r�General / Stormwater Management—Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or $450
sale with land disturbance acreage equal to or greater than 50 acres and less than
100 acres)
VESMP^,�General / Stormwater Management—Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or $700
sale with land disturbance acreage equal to or greater than 100 acres)
D. Permit maintenance fees. (9VAC25-875-14208:70 939):
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 VESMP authority_permit P
,these fees shall apply until the permit coverage is terminated=;
2. VESMP authority_permit N7SN4P ^„,-i,,,fity neFmi+coverage maintenance fees
shall be paid annually to the VESMP authority^ SMP ^„*he fit: , by the
anniversary date of VESMP authority general permit
Pefmi coverage, in accordance with Table 3. No VESMP authority^'
Affthefity permit will be reissued or automatically continued without payment
of the required fee. VESMP authorityVSMP ^„�permit coverage
maintenance fees shall be applied until a noticee of
terminations is effective.
56
Table 3: VESMP3v7SN4P Authority Permit Maintenance Fees
Fee
Type of Permit Amount
VESMPP General / Stormwater Management- Small Construction
Activity/Land Clearing (Areas within common plans of development or sale $50
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.)
VESMPP General / Stormwater Management- Small Construction
Activity/Land Clearing (Sites or areas within common plans of development or $400
sale with land disturbance acreage equal to or greater than 1 acre and less than
5 acres)
VESMPP General / Stormwater Management—Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or $500
sale with land disturbance acreage equal to or greater than 5 acres and less than
10 acres)
VESMPP General / Stormwater Management—Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or $650
sale with land disturbance acreage equal to or greater than 10 acres and less
than 50 acres)
VESMPVSN4P General / Stormwater Management—Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or $900
sale with land disturbance acreage equal to or greater than 50 acres and less than
100 acres)
VESMPP General / Stormwater Management—Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or $1,400
sale with land disturbance acreage equal to or greater than 100 acres)
E. The fees set forth in Subsections A through-C;above;shall apply to:
1. All persons seeking coverage under the VESMPP Authority Permit or
VESCP permit if VESMPVSMP not required_;
2. All permittees who request modifications to or transfers of their existing
registration statement for coverage under a VESMP authorily permit. P
57
3. Persons whose coverage under the VESMP"r�Authority Permit has been
revoked shall reapply for an individual permit hidk,idttal Permit for
dischargesD�ge of stormwaterS+em+w-atff from construction
activities.GeiistFde6ei "e+ ,;ties•
4. Permit and permit coverage maintenance fees outlined under Subsection C may
apply to each VESMP"'�Authority Permit holder_;
F. No VESMP",�Authority Permit application fees will be assessed to Permittees
whose permits are modified or amended at the initiative of the VESMP
authori LVSN4P A„*ti erity, excluding errors in the registration statement identified by
the Director or errors related to the acreage of the site-
-G. All incomplete VESMPP 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 monetary guaranty in suchEresio ^R'' Sediment.
eable le4e- of,.reds+ (or et4ef form as is in accordance with the monetary guaranty
and e€-a-performance agreement policy adopted by the Board
anr]Ge n*y ^+teme� ' in an amount determined in accordance with the Frederick County
bond estimate worksheetBen Rsti ^+e Alefkshee+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 chapters and shown on the
approved plans in addition to a 25% contingency of the total bond amount.
B. The Frederick County erosionDres-iao and sediment control Sedi eot Galit al and
stormwater management St Do,-fg... A n ee ent a a
performance agreement and monetary ug aranty 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.
58
C. Upon successful completion of the land-disturbing activity, to include submittal of a
Notice of Termination of the Construction General Permit, submittal of the construction
as-built drawings of permanent stormwater management facilities described in §143-165
and prior to termination of the VESMPVSN4P Permit, the owner or permittee must
provide written notification to the County in accordance with the bonding policy. Upon
verification of adequate stabilization of land disturbing activity in the project or any
section thereof, the Administrator shall take action upon the monetary guaranty and
performance agreement in accordance with the bonding�policyredu *u�, �r*.�.ra*e
D. If the applicant/owner fails to comply with the approved SWPPP as documented through
the site inspections described hereini*, and after proper notification, the Administrator
may determine that the performance agreement is in default, and the mong!M
guar an bea er may be used to execute the plan.
Reference: §62.1-44.15:34; 9VAC25-875-1004''�D
lefiger than five (5)years after-t4e d4e of issuanee. In addition, a-By per-mit granted b-Y
shall ha-ve a period of si* fnen�hs (180 days) 4em t4e date of appreval to stibmit am,
59
PUBLIC WORKS COMMITTEE REPORT
to the BOARD OF SUPERVISORS
Tuesday,January 28,2025
8:00 a.m.
Public Works Conference Room
107 NORTH KENT STREET,WINCHESTER, VIR61NIA
PUBLIC WORKS COMMITTEE ATTENDEES:
Committee Members Present: Heather Lockridge, Chair;Josh E. Ludwig,Joseph Brand; Bob
McDonald
Committee Members Absent:Atilla Gergely
Staff present:Joe C. Wilder, Director of Public Works;Christina Tasker,Animal Shelter
Manager
(Attachment 1) Agenda Packet
ITEM REQUIRING ACTION
1-Discuss and review revisions to county code—Chapter 143—Stormwater/Erosion and
Sediment Control ordinance:
Recently,the Virginia Department of Environmental Quality (DEQ) has adopted new
regulations related to Stormwater management and erosion and sediment control.The new
regulation is 9VAC25-875-00. In order for the ordinance to stay in compliance with the new
state regulations,we must update the local ordinance.The committee was updated on the
particular sections of the ordinance that have been revised to meet the new program changes.
Supervisor Ludwig made a motion to recommend approval of the revised ordinance and to
forward it to the Board of Supervisors for approval.The motion was seconded by committee
member Brand and unanimously approved by the committee.
The revised ordinance does not need a public hearing since the only proposed changes are
related to state program changes.The ordinance has also been reviewed by the County
Attorney's Office.
We request this ordinance revision be placed on a future Board of Supervisors meeting agenda
for discussion and approval.
ITEMS FOR INFORMATION ONLY
1-Discuss the placement of a new monument sign for the Frederick County Animal
Shelter:
Currently there is a very small sign that was built by an Eagle Scout over 15 years ago. The
animal shelter plans to reset the existing sign near the building. The animal shelter would
like to place a new 50 square feet digital/monument sign along Fort Collier Road in front
of the Northwestern Regional Adult Detention Center.
The funds to purchase the sign would be from the donation fund reserve account.
Therefore, no local funds would be needed. The sign would help citizens find the animal
shelter, allow staff to make announcements regarding upcoming events, and post animals
for adoption.
The committee supports the idea of placing the sign.This office will do more research and
determine actual costs to construct the new sign and will plan to come back to the
committee during the March meeting with updates and to seek funding for the sign from
the donation reserve fund.
3-Renaissance Drive Extension project update:
The committee was informed that CSX Transportation is supposed to arrive at the
Renaissance Drive project in February to construct the at grade crossing.
Respectfully submitted,
Public Works Committee
Heather Lockridge
Josh E. Ludwig
Atilla Gergely
Joseph Brand
Bob McDonald
By: Joe C.Wilder
Public Works Director
JCW/kco
Attachments: as stated
cc: Michael Bollhoefer,County Administrator
Austin Cano, Interim County Attorney
Christina Tasker,Animal Shelter Manager
file
4�G1t` C� Attachment 1
j4 ''�c COUNTY" of FREDERJCK
cd
Department of Public Works
A*wn, 540/665-5643
' FAX: 540/67"682
MEMORANDUM
TO: Public Works Committee
FROM: Joe C. WiIder, Director of Public Works
SUBJECT: Meeting of January 28, 2025
DATE: January 22, 2025
There will be a meeting of the Public Works Committee on Tuesday, January 28, 2025, at
8:00 a.m. in the conference room located on the second floor of the north end of the County
Administration Building at 107 North Kent Street, Suite 200. The agenda thus far is as
follows:
1. Discuss and review revisions to County Code—Chapter 143 —Stormwater/Erosion and
Sediment Control Ordinance.
(Attachment 1)
2. Discuss the placement of a new monument sign for the Frederick County Animal Shelter.
3. Update on projects.
4. Miscellaneous Reports:
a. Tonnage Report: Landfill
(Attachment 2)
b. Recycling Report
(Attachment 3)
C. .Animal Shelter Dog Report:
(Attachment 4)
d. Animal Shelter Cat Report
(Attachment 5)
JCW/kco
Attachments: as stated
107 North Kent Street, Second Floor, Suite 200 • Winchester, Virginia 22601-5000