HomeMy WebLinkAboutPublicWorksCommitteeReport2026March31
JOINT PUBLIC WORKS COMMITTEE REPORT
to the BOARD OF SUPERVISORS
Tuesday, March 31, 2026
9:00 a.m.
Public Works Conference Room
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
PUBLIC WORKS COMMITTEE ATTENDEES:
Committee Members Present: Bob Wells, Chair; John Jewell; Al Orndorff; Kevin Kenney; Gary
Longerbeam; Gene Fisher
Committee Members Absent: Ed Strawsnyder, Kris Tierney
Staff present: Joe C. Wilder, Director of Public Works; Andy Fox, County Attorney; Mark Fleet,
Building Official; Ron Kimble, Landfill Manager; Christina Tasker, Animal Shelter Manager;
Gloria Puffinburger, Solid Waste Manager; Tracy Boyd Assistant Animal Shelter Manager;
Olivia Bryan, Environmental Inspetor
(Attachment 1) Agenda Packet
(Attachment 2) Shawneeland Easement
(Attachment 3) Animal Shelter Slide
ITEMS REQUIRING ACTION
Discuss and review revisions to County Code – Chapter 143 – Stormwater/Erosion and
Sediment Control Ordinance.
Last year, Frederick County was notified by the Virginia Department of Environmental
Quality (DEQ) that we are required to obtain a Municipal Separate Storm Sewer System
(MS4) stormwater permit. We obtained coverage last year and have been developing our
program. We submitted the County’s program plan and GIS mapping to DEQ in February
2026 for review. In order to comply with DEQ requirements, Fredrick County Code,
Chapter 143, must include a section about illicit discharges, which is a new requirement
with an MS4 permit. Therefore, we have amended Chapter 143 to include a new
definition “illicit discharge” and a new section 143-180 prohibitions Illicit Discharges. The
included language is directly from state documents.
The other change within the draft ordinance are updated DEQ VESMP permit fees. The
new fee schedule becomes effective July 1, 2026. Frederick County collects these fees as
part of our stormwater program and then DEQ bills their portion of the state fee. The
state fees are shared between Frederick County and DEQ.
After some additional discussions, Supervisor Jewell made a motion to recommend
approval of the revised ordinance and to forward it to the Board of Supervisors for
approval. The motion was unanimously approved by the committee.
Acceptance of Utility Services Agreement – Shawneeland Sanitary District.
A homeowner in Shawneeland, a Mr. Thomas Curry to build on Lot 10 which is
along Echota Trail. In providing electrical service to the lot, Shenandoah Valley Electrical
Coop (SVEC) is requesting a utility service easement from Frederick County for the
placement of a future power pole on County owned property. (see attachment 2) The
easement will allow SVEC to maintain the area around the power pole and service line.
Since the land is owned by Fredrick County a public hearing will be required and
approval by the Board of Supervisors.
The Public Works Committee has consensus to forward the easement request to the
Board of Supervisors for review and approval.
ITEMS FOR INFORMATION ONLY
Update: MS4 Stormwater Program Development
The committee was updated on the development of the County’s MS4 Program. The
proposed program plan and GIS MS4 service area maps have been submitted to DEQ for
review. Once the proposed FY 2027 budget is approved, we will move forward withgetting
a new position approved by the Human Resources Committee. The new title of
Environmental Specialist needs to be added to the County’s SAP.
Investigations – Out of Area Waste Haulers Landfill/Convenience Sites
We continue to receive reports of out-of-area waste being disposed of at the Frederick
County Landfill. In response to complaints, staff recently met with the County Sheriff and
key staff along with the County Attorney. After discussions were held, the Sheriff has
agreed to assist with enforcement of County Code Chapter 142.
Discussion – MSW/CDD Tipping Fees
It has been clearly documented that we will reach capacity at our CDD Landfill, area 1
within the next 9 – 12 months. We are currently developing and permitting area 2, but we
don’t anticipate having this area open for waste disposal until 2028. Once phase 1 of the
CDD is at capacity all waste will have to be transported to the MSW Landfill. Once that
occurs, all haulers regardless of waste type will have to pay the MSW tipping fees. The
committee members and staff agreed that passing this information along to all landfill
customers is very important. Staff will ensure this happens as we move into the summer
of 2026.
Update – Roundhill/Magic Mountain Citizen Convenience Center
Frederick County currently owns 1.40 acres of land where the Roundhill/Magic Mountain
Citizen Convenience Center is located. We have operated the site for over 30 years. The
tract of land was part of a large section of property owned by the Rhinehart Family. There
is approximately nine (9) acres of land adjacent to our site that was recently sold. In order
to access this adjacent property, access is through a 50-foot Ingress/Egress easement.
Depending on new owners, we may have to coordinate access to this property, and it may
impact on convenience site. I will keep the committee updated on any changes.
We discussed creating a Pet Recreation Area outside of the Animal Shelter within alarge
fenced area. We are proposing to create pods so multiple animals can be outside atone
time, which will help in many ways. We requested $50,000 from the donation reserveand
be placed in county budget to install fencing and purchasing new dog houses.
A motion to approve the supplemental request in the amount of $50,000 was made by
Committee Member Fisher. The motion was seconded by Supervisor Jewell. The request
was unanimously approved by the committee. This request will be forwarded to the
Finance Committee for further review and discussion.
We also discussed several other items and community programs that the Animal
Shelter staff is to into. The ommittee was very receptive and supported the
possible programs. It was also suggested that we look into creating a committee that
could support the Animal Shelter to discuss programs and community support. We will
look into creation of a committee in the near future.
Respectfully submitted,
Public Works Committee
Bob Wells
John Jewell
Al Orndorff
Kris Tierney
Gene Fisher
Kevin Kenney
Ed Strawsnyder
Gary Longerbeam
By: Joe C. Wilder
Public Works Director
JCW/amr
Attachments: as stated
cc: Michael Bollhoefer, County Administrator
Jay Tibbs, Deputy County Administrator
Andrew Fox, County Attorney
Ron Kimble, Landfill Manager
Gloria Puffinburger, Solid Waste Manager
Kevin Alderman, Shawneeland District Manager
Christina Tasker, Animal Shelter Manager
Mark Fleet, Building Code Official
Jerry Elliott, Deputy Building Official
file
MEMORANDUM
TO: Public Works Committee
FROM: Joe C. Wilder, Director of Public Works
SUBJECT: Meeting of March 31, 2026
DATE: March 19, 2026
There will be a meeting of the Public Works Committee on Tuesday, March 31, 2026 at
9:00 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.Revisions to County Code, Chapter 143
a)Proposed changes are highlighted on pages 7, 35, 46, 52, 53, and 54 (Attachment 1)
Update: MS4 Stormwater Program Development
Investigations: Out-of-Area Waste Haulers / Landfill / Convenience Sites
(Attachment 2)
Update: Landfill Projects
Discussion: MSW/CDD Tipping Fees
Update: Roundhill/Magic Mountain Citizen Convenience Center
Animal Shelter Pet Recreation Area
a)Use of donation funds (Attachment 3)
107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
Page 2
Public Works Committee
March 19, 2026
8.Miscellaneous Reports:
a)Tonnage Report: Landfill (Attachment 4)
b)Recycling Report (Attachment 5)
c)Animal Shelter Dog Report (Attachment 6)
d)Animal Shelter Cat Report (Attachment 7)
e)Shawneeland Sanitary District Advisory Committee Meeting Minutes (Attachment 8)
JCW
Attachments: as stated
107 North Kent Street, Second Floor, Suite 200 Winchester, Virginia 22601-5000
1 Stormwater/Erosion and Sediment Control Ordinance
2 Frederick County, Virginia. – Proposed County Code Chapter 143
3 FEBURARY 2026 DRAFT REVISION
4
5
6 §143-100 Purpose
7
8 The Frederick County Board of Supervisors desires to protect the health, safety, welfare, and
9 property of Frederick County residents and businesses, and the quality of waters within the
10 County. The Frederick County Board of Supervisors recognizes that development tends to
11 degrade these waters through erosion and sedimentation, increased flooding, stream channel
12 erosion, and the transport and deposition of waterborne pollutants. This degradation is due, in
13 part, to increased stormwater runoff as property is developed. Hence, as required by §
14 44.15:27 Code of Virginia and in compliance with the Virginia State Water Control Board
15 requirements, the Frederick County Board of Supervisors has determined that it is in the public
16 interest to establish requirements which regulate the discharge of stormwater runoff from
17 developments by integrating hydrologic and water quality functions into all aspects of a
18 development’s design, landscape, and infrastructure.
19
20 A.The purpose of this chapter is to establish minimum stormwater management and erosion
21 and sediment control requirements which:
22
23 1.Reduce flood damage to property; minimize the impacts of increased stormwater
24 runoff from new land development.
25
26 2.Maintain the hydraulic adequacy of existing and proposed culverts, bridges, dams,
27 and other structures.
28
29 3.Prevent, to the greatest extent feasible, an increase in nonpoint source pollution.
30
31 4.Maintain the integrity of stream channels for their biological functions and
32 drainage.
33
34 5.Maintain natural drainage patterns to the extent practicable topromote existing
35 hydrologic processes.
36
37 6.Promote infiltration of stormwater to recharge groundwater resources.
38
39 7.Minimize the impact of development upon stream erosion.
40
41 8.Preserve and protect water supply facilities from increased flood discharges,
42 stream erosion, and nonpoint source pollution.
43
44 9.
45 stormwater management control devices and techniques to manage the quality and
46 quantity of stormwater runoff.
1
47
48 10.Provide effective control of soil erosion and sediment deposition and to prevent
49 the unreasonable degradation of properties, stream channels, waters, and other
50 natural resources.
51
52 B.This chapter supplements and is to be applied in conjunction with Frederick County
53 building code, subdivision, and zoning ordinances as they apply to the development or
54 subdivision of land within the County.
55
56 §143-105 Authority
57
58 A.This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1, Article 2.3 (§
59 :24 et seq.), known as the “Virginia Erosion and Stormwater Management
60 Act”(VESMA)
61
62 B.
63 Department is designated as the Virginia Erosion and Sediment Control Program
64 (VESCP) authority to operate a Virginia Erosion and Sediment Control Program in
65 Frederick County, Virginia and for the Towns of Middletown and Stephens City in
66 compliance with all required elements hereto.
67
68 C.
69 Department is designated as a Virginia Stormwater Management Program (VSMP)
70 authority to operate a Virginia Stormwater Management Program in Frederick County,
71 Virginia and for the Towns of Middletown and Stephens City in compliance with all
72 required elements hereto.
73
74
75 §143-110 Definitions
76
77 In addition to the definitions set forth in 520 of the Virginia Erosion and
78 Stormwater Management Regulation, which are expressly adopted and incorporated herein by
79 reference, the following words and terms used in this chapter have the following meanings for
80 the purposes of this chapter, unless the context clearly indicates otherwise.
81
82 ADMINISTRATOR
83 The Virginia Erosion and Stormwater Management Program (VESMP) authority has
84 been designated to the Frederick County Public Works Department responsible for
85 administering the VESMP on behalf of Frederick County, Virginia.
86
87 AGREEMENT IN LIEU OF AN EROSION AND SEDIMENT CONTROL PLAN
88 A contract between the VESMP authority and the owner or permittee that specifies
89 methods that shall be implemented to comply with the requirements of VESMA and this
90 chapter for the construction of a (i) single-family residential structure or (ii) farm
91 building or structure on a parcel of land with a total impervious cover percentage,
92 including the impervious cover from the farm building or structure to be constructed, of
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93 less than 5.0%; such contract may be executed by the VESMP authority in lieu of a soil
94 erosion control and stormwater management plan or by the department acting as a VSMP
95 authority in lieu of a stormwater management plan..
96
97 AGREEMENT IN LIEU OF STORMWATER MANAGEMENT PLAN
98 A contract between the VESMP authority and the owner or permittee that specifies
99 methods that shall be implemented to comply with the requirements of a VESMPfor the
100 construction of a single-family residence; such contract may be executed by the VESMP
101 authority in lieu of a stormwater plan.
102
103 APPLICANT
104 Any person submitting a soil erosion control and stormwater management plan to a
105 VESMP authority, or a stormwater management plan to the department when it is serving
106 as a VSMP authority, for approval in order to obtain authorization to commence a land-
107 disturbing activity.
108
109 BEST MANAGEMENT PRACTICE or BMP
110 Schedules of activities, prohibitions of practices, maintenance procedures, and other
111 management practices, including both structural and nonstructural practices, to prevent or
112 reduce the pollution of surface waters and groundwater systems.
113
114 1."Nonproprietary best management practice" means both structural and nonstructural
115 practices to prevent or reduce the pollution of surface waters and groundwater systems
116 that are in the public domain and are not protected by trademark or patent or copyright.
117
118 2."Proprietary best management practice" means both structural and nonstructural
119 practices to prevent or reduce the pollution of surface waters and groundwater systems
120 that are privately owned and controlled and may be protected by trademark or patent or
121 copyright.
122
123 BEST MANAGEMENT PRACTICEIMPLEMENTATION PLAN or BMP IMPLENTATION
124 PLAN
125 Is a site-specific design plan for the implementation of BMPs on an individual single-
126 family lot or other parcel with less than one acre of land disturbance within a larger
127 common plan of development. The BMP Implementation Plan provides detailed
128 information on the implementation of the SWM pollutant load and volume reduction
129 BMP and other requirements for the individual lot or parcel as detailed in the SWPPP and
130 SWM plans of the VESMP Permit for the larger common plan of development.
131
132 BOARD
133 The Virginia State Water Control Board. When used outside the context of the
134 promulgation of regulations, including regulations to establish general permits, "board"
135 means the Department of Environmental Quality.
136
137 CERTIFICATION
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138 The designation issued by the department, on behalf of the Commonwealth, to
139 individuals who have completed department-approved training programs and met any
140 additional eligibility requirements or in other ways demonstrated adequate knowledge
141 and experience in accordance with the eligibility requirements of 9VAC25-875-410
142 related to the specified classifications (9VAC25-875-400) within the separate subject
143 areas of ESC or SWM or both.
144
145 CHANNEL
146 A naturalstreamor manmade waterway.
147
148 CLEAN WATER ACT OR CWA
149 The federal Clean Water Act (33 USC §1251 et seq.), formerly referred to as the Federal
150 Water Pollution Control Act or Federal Water Pollution Control Act Amendments of
151 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public
152 Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
153
154 CLEARING
155 Any activity which removes vegetative ground cover including, but not limited to, root
156 material removal or topsoil removal.
157
158 COMMENCEMENT OF LAND DISTURBANCE
159 The initial disturbance of soils associated with clearing, grading, or excavating activities
160 or other construction activities (e.g., stockpiling of soil fill material).
161
162 COMMON PLAN OF DEVELOPMENT
163 The contiguous area where separate and distinct construction activities may be taking
164 place at different times on different schedules.
165
166 CONTROL MEASURE
167 Any BMP, stormwater facility, or other method used to minimize the discharge of
168 pollutants to state waters.
169
170 COUNTY
171 County of Frederick, Virginia.
172
173 DEPARTMENT
174 The Department of Environmental Quality.
175
176 DESIGN STORM
177 For purposes of addressing quantity control provisions of §143-165 means
178 24-hour design storms as defined in §143-145E. The design storm for
179 purposes of complying with the water quality provisions of §143-165C
180 rainfall depth as applied with the “Virginia Runoff Reduction Method”
181
182 DEVELOPMENT
183 Either or both of the following:
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184 A.Land disturbance and the resulting landform associated with the construction of
185 residential, commercial, industrial, institutional, recreation, transportation or
186
187 silvicultural purposes.
188 B.A tract or parcel of land developed or to be developed as a single unit under single
189 ownership or unified control which is to be used for any business or industrial
190 purpose or is to contain three or more residential dwelling units.
191
192 DIRECTOR
193 The Director of Frederick County Public Works or assigned designee.
194
195 DRAINAGE AREA
196 A land area, water area, or both from which runoff flows to a common point.
197
198 EROSION AND SEDIMENT CONTROL (ESC) PLAN OR PLAN
199 A document containing material for the conservation of soil and water resources of a unit
200 or group of units of land. It may include appropriate maps, an appropriate soil and water
201 plan inventory and management information with needed interpretations, and a record of
202 decisions contributing to conservation treatment. The plan shall contain all major
203 conservation decisions to ensure that the entire unit or units of land will be so treated to
204 achieve the conservation objectives.
205
206 EROSION IMPACT AREA
207 An area of land not associated with current activity but subject to persistent soil erosion
208 resulting in the delivery of sediment onto neighboring properties or into state waters. This
209 definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for
210 residential purposes or to shorelines where the erosion results from wave action or other
211 coastal processes.
212
213 EXCAVATING
214 Any digging, scooping or other methods of removing earth materials.
215
216 FILLING
217 Any depositing or stockpiling of earth materials.
218
219 FINAL STABILIZATION
220 One of the following situations has occurred:
221
222 A.All soil-disturbing activities at the construction site have been completed and a
223 permanent vegetative cover has been established on denuded areas not otherwise
224 permanently stabilized. Permanent vegetation shall not be considered established
225 until a ground cover is achieved that is uniform (e.g., evenly distributed), provides
226 75% or more vegetative cover with no significant bare areas, is mature enough to
227 survive, and will inhibit erosion.
228
5
229 B.For individual lots in residential construction, final stabilization can occur by
230 either:
231
232 1)The homebuilder completing final stabilization as specified in Subsection
233 A of this definition; or
234
235 2)The homebuilder establishing temporary stabilization, including
236 perimeter controls for an individual lot prior to occupation of the home by
237 the homeowner, and informing the homeowner of the need for, and
238 benefits of, final stabilization. The homebuilder shall maintain a copy of
239 the written notification and a signed statement certifying that the
240 information was provided to the homeowner in accordance with the
241 stormwater pollution prevention plan recordkeeping requirements as
242 specified in Part II G 6 of 9VAC25-880-70
243
244 C.For construction projects on land used for agricultural purposes (e.g., pipelines
245 across crop or range land), final stabilization may be accomplished by returning
246 the disturbed land to its preconstruction agricultural use. Areas disturbed that
247 were not previously used for agricultural activities, such as buffer strips
248 immediately adjacent to surface waters, and areas that are not being returned to
249 their preconstruction agricultural use must meet the final stabilization criteria
250 specified in Subsection A of this definition.
251
252 FLOOD-FRINGE
253 The portion of the floodplain outside the floodway that is usually covered with water
254 the flood or floodway fringe
255 designated by the Federal Emergency Management Agency.
256
257 FLOODING
258 A volume of water that is too great to be confined within the banks or walls of the stream,
259 water body or conveyance system and that overflows onto adjacent lands, thereby
260 causing or threatening damage.
261
262 FLOODPLAIN
263 The area adjacent to a channel, river, stream, or other water body that is susceptible to
264
265 This includes the floodplain designated by the Federal Emergency Management Agency.
266
267 FLOOD-PRONE AREA
268 The component of a natural or restored stormwater conveyance system that is outside the
269
270 fringe, wetlands, riparian buffers, or other areas adjacent to the main channel.
271
272 FLOODWAY
273 The channel of a river or other watercourse and the adjacent land areas, usually
274 associated with flowing water, that must be reserved to
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275 storm event without cumulatively increasing the water surface elevation more than one
276 foot. This includes, but is not limited to, the floodway designated by the Federal
277 Emergency Management Agency.
278
279 GENERAL PERMIT
280 A permit authorizing a category of discharges under the CWA and the VESMA within a
281 geographical area.
282
283 GRADING
284 Any excavating or filling of earth material or any combination thereof, including the land in its
285 excavated or filled conditions.
286
287 HYDROLOGIC UNIT CODE or HUC
288 A watershed unit established in the most recent version of Virginia's 6th Order National
289 Watershed Boundary Dataset unless specifically identified as another order.
290
291 291 ILLICIT DISCHARGEILLICIT DISCHARGE
292 292 Means any discharge to a municipal separate storm sewer that is not composed entirely of Means any discharge to a municipal separate storm sewer that is not composed entirely
of Means any discharge to a municipal separate storm sewer that is not composed entirely of
293 293 stormwater, except discharge pursuant to a separate Vstormwater, except discharge pursuant to a separate Vstormwater, except discharge pursuant to a separate VPDESPDES or permit
(other than the permit for or permit (other than the permit for or permit (other than the permit for
294 294 discharges from the municipal separate discharges from the municipal separate discharges from the municipal separate stormstormsewer), sewer), sewer), discharges resulting discharges
resulting discharges resulting from firefightingfrom firefightingfrom firefighting
295 295 activities, and discharges identified by and in complactivities, and discharges identified by and in complianceiancewith 9VAC25with 9VAC25-875-970 D -875-970 D 2 c (3).2 c (3).
296
297 IMMEDIATELY
298 As soon as practicable, but no later than the end of the next business day, following the
299 day when the construction activities have temporarily or permanently ceased. In the
300 context of this general permit, "immediately" is used to define the deadline for initiating
301 stabilization measures.
302
303 IMPAIRED WATERS
304 Surface waters identified as impaired on the most recentWater Quality Assessment
305 Integrated Report.
306
307 IMPERVIOUS COVER
308 A surface composed of material that significantly impedes or prevents natural infiltration
309 of water into soil.
310
311 INFEASIBLE
312 Not technologically possible or not economically practicable and achievable in light of
313 best industry practices.
314
315 INITIATION OF STABILIZATION ACTIVIES:
316 A.Prepping the soil for vegetative or non-vegetative stabilization;
317
318 B.Applying mulch or other non-vegetative product to the exposed area;
319
320 C.Seeding or planting the exposed area;
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321
322 D.Starting any of the above activities on a portion of the area to be stabilized, but not on the
323 entire area; or
324
325 E.Finalizing arrangements to have the stabilization product fully installed in compliance
326 with the applicable deadline for completing stabilization.
327
328 INSPECTION
329 An onsite review of the project's compliance with any applicable design criteria, or an
330 onsite review to obtain information or conduct surveys or investigations necessary in the
331 implementation or enforcement of the VESMA, ESCL, and applicable regulations.
332
333 KARST AREA
334 Any land area predominantly underlain at the surface or shallow subsurface by limestone,
335 dolomite, or other soluble bedrock regardless of any obvious surface karst features.
336
337 KARST FEATURES
338 Sinkholes, sinking and losing streams, caves, large flow springs, and other such
339 landscape features found in karst areas.
340
341 LAND DISTURBANCE or LAND-DISTURBING ACTIVITY
342 A manmade change to the land surface that may result in soil erosion or has the potential
343 to change its runoff characteristics, including construction activity such as the clearing,
344 grading, excavating, or filling of land.
345
346 LAND-DISTURBANCE APPROVAL
347 An approval allowing a land-disturbing activity to commence issued by (i) a VESMP or
348 VSMP authority after the requirements of § 62.1-44.15:34 of the Code of Virginia have
349 been met or (ii) a VESCP authority after the requirements of § 62.1-44.15:55 of the Code
350 of Virginia have been met.
351
352 LAYOUT
353 A conceptual drawing sufficient to provide for the specified stormwater management
354 facilities required at the time of approval.
355
356 LOCALIZED FLOODING
357 Smaller-scale flooding that may occur outside of a stormwater conveyance system. This
358 may include high water, ponding, or standing water from stormwater runoff, which is
359 likely to cause property damage or unsafe conditions.
360
361 MAIN CHANNEL
362 The portion of the stormwater conveyance system that contains the base flow and small
363 frequent storm events.
364
365 MAJOR MODIFICATION
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366 For the purposes of this chapter, the modification or amendment of an existing state
367 permit before its expiration that is not a minor modification as defined in this regulation.
368
369 MANMADE
370 Constructed by man.
371
372 MEASURABLE STORM EVENT
373 A rainfall event producing 0.25 inches of rain or greater over 24 hours or snow melt from
374 a snow event producing 3.25 inches or more of snow within a 24-hour period.
375
376 MINOR MODIFICATION
377 For the purposes of this chapter, minor modification or amendment of an existing state
378 permit before its expiration for the reasons listed at 40 CFR 122.63 and as specified in
379 51240. Minor modification for the purposes of this chapter also means other
380 modifications and amendments not requiring extensive review and evaluation including,
381 but not limited to, changes in EPA-promulgated test protocols, increasing monitoring
382 frequency requirements, changes in sampling locations, and changes to compliance dates
383 within the overall compliance schedules. A minor state permit modification or
384 amendment does not substantially alter state permit conditions, substantially increase or
385 decrease the amount of surface water impacts, increase the size of the operation, or
386 reduce the capacity of the facility to protect human health or the environment.
387
388 NATURAL CHANNEL DESIGN CONCEPTS
389 The utilization of engineering analysis and fluvial geomorphic processes to create,
390 rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or
391 recreating a stream that conveys its bankfull storm event within its banks and allows
392 larger flows to access its bankfull bench and its floodplain.
393
394 NATURAL STREAM
395 A tidal or nontidal watercourse that is part of the natural topography. It usually maintains
396 a continuous or seasonal flow during the year and is characterized as being irregular in
397 cross-section with a meandering course. Constructed channels such as drainage ditches or
398 swales shall not be considered natural streams; however, channels designed utilizing
399 natural channel design concepts may be considered natural streams.
400
401 OPERATOR
402 The owner or operator of any facility or activity subject to the VESMA and this chapter.
403 In the context of stormwater associated with a large or small construction activity,
404 "operator" means any person associated with a construction project that meets either of
405 the following two criteria: (i) the person has direct operational control over construction
406 plans and specifications, including the ability to make modifications to those plans and
407 specifications or (ii) the person has day-to-day operational control of those activities at a
408 project that are necessary to ensure compliance with a stormwater pollution prevention
409 plan for the site or other permit or VESMP authority permit conditions (i.e., the person is
410 authorized to direct workers at a site to carry out activities required by the stormwater
411 pollution prevention plan or comply with other permit conditions). In the context of
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412 stormwater discharges from an MS4, "operator" means the operator of the regulated MS4
413 system..
414
415 OWNER
416 The owner or owners of the freehold of the premises or lesser estate therein, mortgagee or
417 vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other
418 person, firm, or corporation in control of a property.
419
420 PEAK FLOW RATE
421 The maximum instantaneous flow from a prescribed design storm at a particular location.
422
423 PERCENT IMPERVIOUS
424 The impervious area within the site divided by the area of the site multiplied by 100.
425
426 PERMIT or VESMP AUTHORITY PERMIT
427 A
428 VESMP
429 disturbing activity after evidence of coverage under the General Permit for Discharges of
430 Virginia
431 Stormwater Management Program Regulations has been provided. A person shall not
432 conduct any land disturbing activity until he has submitted a permit application to the
433 County that includes a state VESMP permit registration statement, if such statement is
434 required, a stormwater management plan or an executed agreement in lieu of a
435 stormwater plan and has obtained County approval to begin land disturbance.
436
437 PERMITTEE
438 The person to whom the land-disturbing permit or approval is issued, and/or the person to
439 whom the VESMPpermit is issued, and/or the person who certifies that the approved
440 erosion and sediment control plan will be followed and/or the person who certifies that
441 the approved stormwater plan will be followed.
442
443 PERSON
444 Any individual, corporation, partnership, association, state, municipality, commission, or
445 political subdivision of a state, governmental body, including federal, state, or local entity
446 as applicable, any interstate body or any other legal entity.
447
448 POINT OF DISCHARGE
449 A location at which concentrated stormwater runoff is released.
450
451 POST-DEVELOPMENT
452 Refers to conditions that reasonably may be expected or anticipated to exist after
453 completion of the land development activity on a specific site or tract of land.
454
455 PREDEVELOPMENT
456 Refers to the conditions that exist at the time that plans for the land-disturbing activity are
457 submitted to the plan approval VESMP authority. Where phased development or plan
10
458 approval occurs (e.g. preliminary grading, demolition of existing structures, roads, and
459 utilities, etc.), the existing conditions at the time prior to the first item being submitted
460 shall establish predevelopment conditions.
461
462 PRIOR DEVELOPED LAND
463 Land that has been previously utilized for residential, commercial, industrial,
464 institutional, recreation, transportation or utility facilities or structures, and that will have
465
466
467 QUALIFIED PERSONNEL
468 A person knowledgeable in the principles and practices of erosion and sediment and
469 stormwater management controls who possesses the skills to assess conditions at the
470 construction site for the operator that could impact stormwater quality and quantity and to
471 assess the effectiveness of any sediment and erosion control measures or stormwater
472 management facilities selected to control the quality and quantity of stormwater
473 discharges from the construction activity. On or after July 1, 2025, "qualified personnel"
474 shall hold an unexpired Dual Inspector certification issued by the department; an
475 unexpired Inspector for Erosion and Sediment Control certification and an unexpired
476 Inspector for Stormwater Management certification, both issued by the department ; a
477 Construction General Permit Qualified Personnel Certificate issued by the department or
478 the Virginia Department of Transportation; or an equivalent certification provided by
479 EPA (currently titled Construction Inspection Training Course).
480
481 REGULATIONS
482 The Virginia Erosion and Stormwater Management Regulation, 5
483 as amended; or the general VPDES permit regulations, 9VAC 25-880-10 et seq., as
484 amended.
485
486 RESPONSIBLE LAND DISTURBER or “RLD”
487 An individual holding a certificate issued by the department who is responsible for
488 carrying out the land-disturbing activity in accordance with the approved erosion and
489 sediment control plan. The RLD may be the owner, applicant, permittee, designer,
490 superintendent, project manager, contractor, or any other project or development team
491 member. The RLD must be designated on the erosion and sediment control plan or permit
492 as defined in this chapter as a prerequisite for engaging in land disturbance.
493
494 RUNOFF or STORMWATER RUNOFF
495 That portion of precipitation that is discharged across the land surface or through
496 conveyances to one or more waterways.
497
498 RUNOFF CHARACTERISTICS
499 Include maximum velocity, peak flow rate, volume, and flow duration.
500
501 RUNOFF VOLUME
502 The volume of water that runs off the land development project from a prescribed storm
503 event.
11
504
505 SINGLE FAMILY RESIDENCE
506 A noncommercial dwelling that is designed to be occupied exclusively by one family.
507
508 SITE
509 The land or water area where any facility or land-disturbing activity is physically located
510 or conducted, including adjacent land used or preserved in connection with the facility or
511 land-disturbing activity.
512
513 SITE HYDROLOGY
514 The movement of water on, across, through, and off the site as determined by parameters
515 including soil types, soil permeability, vegetative cover, seasonal water tables, slopes,
516 land cover, and impervious cover.
517
518 STATE
519 The Commonwealth of Virginia.
520
521 STATE PERMIT
522 An approval to conduct a land-disturbing activity issued by the Board in the form of a
523 state stormwater individual permit or coverage issued under a state general permit or an
524 approval issued by the Board for stormwater discharges from a municipal separate storm
525 sewer system (MS4). Under these state permits, the State imposes and enforces
526 requirements pursuant to the federal Clean Water Act and regulations, the Act, and this
527 chapter. As the mechanism that imposes and enforces requirements pursuant to the
528 federal Clean Water Act and regulations, a state permit for stormwater discharges from
529 an MS4 and, after June 30, 2014, a state permit for conducting a land-disturbing activity
530 issued pursuant to the Virginia Stormwater Management Act, are also types of Virginia
531 Pollutant Discharge Elimination System (VPDES) Permits. “State permit” does not
532 include any state permit that has not yet been the subject of final Board action, such as a
533 draft state permit. Approvals issued pursuant to this chapter, 9VAC25-880, and 9VAC25-
534 890 are not issuances of a permit under §62.1-44.15:01 of the Code of Virginia.
535
536 STATE WATERS
537 All water, on the surface and under the ground, wholly or partially within or bordering
538 the Commonwealth or within its jurisdiction, including wetlands.
539
540 STORMWATER
541 Precipitation that is discharged across the land surface or through conveyances to one or
542 more waterways and that may include stormwater runoff, snow melt runoff, and surface
543 runoff and drainage.
544
545 STORMWATER CONVEYANCE SYSTEM
546 A combination of drainage components that are used to convey stormwater discharge,
547
548
549 1.MAN-MADE STORMWATER CONVEYANCE SYSTEM
12
550 A pipe, ditch, vegetated swale, or other stormwater conveyance system constructed
551 by man except for restored stormwater conveyance systems;
552
553 2.NATURAL STORMWATER CONVEYANCE SYSTEM
554 T
555 channel; or
556
557 3.RESTORED STORMWATERCONVEYANCE SYSTEM
558 A stormwater conveyance system that has been designed and constructed using
559 natural channel design concepts. Restored stormwater conveyance systems include
560
561
562 STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY
563 A
564 clearing, grading, or excavation); construction materials or equipment storage or
565 maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling); or other
566 industrial stormwater directly related to the construction process (e.g., concrete or asphalt
567 batch plants) are located.
568
569 STORMWATER MANAGEMENT CONCEPT PLAN
570 Documents developed at the preliminary plan, zoning, or other state of the development
571 process that establish the initial layout of the development along with sufficient
572 information to ensure that the final development stormwater management plan will
573 comply with this chapter.
574
575 STORMWATER MANAGEMENT FACILITY
576 A control measure that controls stormwater runoff and changes the characteristics of that
577 runoff including the quantity and quality, the period of release or the velocity of flow.
578
579 STORMWATER MANAGEMENT HANDBOOK
580 The Virginia Stormwater Management Handbook and/or a locally adopted erosion and
581 sediment control handbook with such amendments, modifications and supplements as may,
582 from time to time, be properly adopted.
583
584 STORMWATER MANAGEMENT PLAN
585 Documents containing material describing methods for complying with the requirements
586 of a VESMP.
587
588 STORMWATER POLLUTION PREVENTION PLAN or SWPPP
589 A document that is prepared in accordance with good engineering practices and that
590 identifies potential sources of pollutants that may reasonably be expected to affect the
591 quality of stormwater discharges. A SWPPP required under a VESMP or VSMP for
592 construction activities shall identify and require the implementation of control measures
593 and shall include or incorporate by reference an approved erosion and sediment control
594 plan, an approved stormwater management plan, and a pollution prevention plan.
595
13
596 STORMWATER POLLUTION PREVENTION PLAN TEMPLATE or SWPPP TEMPLATE
597 Documents intended to be used for single family residential construction activitythat
598 disturbs less than one acre of land and is part of a larger common plan of development to
599 identify all applicable requirements of the SWPPP that was developed for the larger
600 common plan of development.
601
602 SUBDIVISION
603 The same as defined in the Frederick County Subdivision Ordinance (Chapter 144 of
604 Frederick County, Virginia Code).
605
606 SURFACE WATERS
607 1.All waters that are currently used, were used in the past, or may be susceptible to use
608 in interstate or foreign commerce, including all waters that are subject to the ebb and flow
609 of the tide;
610
611 2.All interstate waters, including interstate wetlands;
612
613 3.All other waters such as intrastate lakes, rivers, streams (including intermittent
614 streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa
615 lakes, or natural ponds the use, degradation, or destruction of which would affect or could
616 affect interstate or foreign commerce including any such waters:
617
618 a.That are or could be used by interstate or foreign travelers for recreational or other
619 purposes;
620
621 b.From which fish or shellfish are or could be taken and sold in interstate or foreign
622 commerce; or
623
624 c.That are used or could be used for industrial purposes by industries in interstate
625 commerce;
626
627 4.All impoundments of waters otherwise defined as surface waters under this definition;
628
629 5.Tributaries of waters identified in subdivisions 1 through 4 of this definition;
630
631 6.The territorial sea; and
632
633 7.Wetlands adjacent to waters (other than waters that are themselves wetlands) identified
634 in subdivisions 1 through 6 of this definition.
635
636 Waste treatment systems, including treatment ponds or lagoons designed to meet the
637 requirements of the CWA and the law, are not surface waters. Surface waters do not
638 include prior converted cropland. Notwithstanding the determination of an area's status as
639 prior converted cropland by any other agency, for the purposes of the CWA, the final
640 authority regarding the CWA jurisdiction remains with EPA.
641
14
642 TOTAL MAXIMUM DAILY LOAD or TMDL
643 The sum of the individual wasteload allocations for point sources, load allocations for
644 nonpoint sources, natural background loading and a margin of safety. TMDLs can be
645 expressed in terms of either mass per time, toxicity, or other appropriate measure. The
646
647
648 TOWN
649 Either of the incorporated Towns of Middletown or Stephens City.
650
651 VIRGINIA EROSION AND SEDIMENT CONTROL PERMIT PROGRAM AUTHORITY
652 The County, which has adopted a soil erosion and sediment control program that has
653 been approved by the Board, is the Virginia Erosion and Sediment Control Permit
654 Program Authority for issuance of land disturbing permits, plan review, inspections, and
655 enforcement of compliance with applicable laws and regulations, in the County and in the
656 Towns of Middletown and Stephens City.
657
658 VIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM or VESCP
659 A program approved by the Board that has been established by a VESCP authority for the
660 effective control of soil erosion, sediment deposition, and non-agricultural run-off
661 associated with a land disturbing activity to prevent the unreasonable degradation of
662 properties, stream channels, waters, and other natural resources and shall include items
663 where applicable as local ordinances, rules, permit requirements, annual standards and
664 specifications, policies and guidelines, technical materials, and requirements for plan
665 review, inspection, enforcement where authorized in this chapter, and evaluation
666 consistent with the requirements of this chapter and its associated regulations.
667
668 VIRGINA EROSION AND SEDIMENT CONTROL PROGRAM (VESCP) LAND
669 DISTURBANCE or VESCP LAND-DISTURBING ACTIVITY
670 A
671 wind and the movement of sediments into state waters or onto lands in the State,
672 including, but not limited to, clearing, grading, excavating, transporting, and filling of
673 land, except that the term shall not include:
674
675 A.
676 repairs and maintenance work;
677
678 B.Individual service connections;
679
680 C.Installation, maintenance, or repair of any underground public utility lines when such
681
682 disturbing activity is confined to the area of the road, street or sidewalk that is hard
683 surfaced;
684
685 D.
686 activity relating to construction of the building to be served by the septic tank system;
687
15
688 E.Permitted surface or deep mining operations and projects, or oil and gas operations and
689 projects conducted pursuant to Title 45.1;
690
691 F.Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock
692 feedlot operations, or as additionally set forth by the Board in regulation, including
693 engineering operations as follows: construction of terraces, terrace outlets, check dams,
694 desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour
695 cultivating, contour furrowing, land drainage and land irrigation; however, this exception
696 shall not apply to harvesting of forest crops unless the area on which harvesting occurs is
697 reforested artificially or naturally in accordance with the provisions of
698 1100 et seq.) of Title 10.1 of the code of Virginia or is converted to bona fide agricultural
699 or improved pasture use as described in Subsection B of the Code of
700 Virginia;
701
702 G.
703 other related structures and facilities of a railroad company;
704
705 H.Agricultural engineering operations, including but not limited to the construction of
706 terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to
707
708 Chapter 6 of Title 10.1 of the Code of Virginia, ditches, strip cropping, lister furrowing,
709 contour cultivating, contour furrowing, land drainage and land irrigation;
710
711 I.Disturbed land areas of less than 10,000 square feet in size; however, the governing body
712 of the program authority may reduce this exception to a smaller area of disturbed land or
713 qualify the conditions under which this exception shall apply;
714
715 J.Installation of fence and signposts or telephone and electric poles and other kinds of posts
716 or poles;
717
718 K.
719 activities are within the regulatory authority of and approved by local wetlands boards,
720 the Marine Resources Commission or the United States Army Corps of Engineers;
721 however, any associated land that is disturbed outside of this exempted area shall remain
722 subject to this and the regulations adopted pursuant thereto; and
723
724 L.Emergency work to protect life, limb or property, and emergency repairs; however, if the
725 land-disturbing activity would have required an approved erosion and sediment control
726 plan, if the activity were not an emergency, then the land area disturbed shall be shaped
727 and stabilized in accordance with the requirements of the VESCP authority.
728
729 VIRGINIA STORMWATER BMP CLEARINGHOUSE
730 A collection that contains detailed design standards and specifications for control
731 measures that may be used in Virginia to comply with the requirements of the VESMA
732 and associated regulations.
733
16
734 VIRGINIA EROSION AND STORMWATER MANAGEMENT ACT or VESMA
735 Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title
736 62.1 of the Code of Virginia.
737
738 VIRGINIA STORMWATER MANAGEMENT HANDBOOK
739 a collection of pertinent information that provides general guidance for compliance with
740 the VESMA and associated regulations and is developed by the department with advice
741 from a stakeholder advisory committee.
742
743 VIRGINIA STORMWATER MANAGEMENT PROGRAM or VSMP
744 The program established by the County and approved by the Board to manage the quality
745 and quantity of runoff resulting from land-disturbing activities and includes the County’s
746 local ordinance and requirements for plan review, inspection, enforcement, permit
747 requirements, policies and guidelines, and technical materials.
748
749 VIRGINIA STORMWATER MANAGEMENT PROGRAM AUTHORITY or VSMP
750 AUTHORITY
751 The County, which has adopted a stormwater management program that has been
752 approved by the Board, is the VSMP Authority for issuance of VSMP authority permits,
753 plan review, inspections, and enforcement of compliance with applicable laws and
754 regulations, in the County and in the Towns of Middletown and Stephens City.
755 A program approved by the Board after September 13, 2011, to manage the quality and
756 quantity of runoff resulting from land-disturbing activities and shall include such items as
757 local ordinances, rules, permit requirements, annual standards and specifications, policies
758 and guidelines, technical materials, and requirements for plan review, inspection,
759 enforcement, where authorized in the Act and associated regulations, and evaluation
760 consistent with the requirements of the Act and associated regulations.
761
762 VIRGINIA STORMWATER MANAGEMENT PROGRAM (VSMP) LAND DISTURBANCE
763 or VSMP LAND-DISTURBING ACTIVITY
764 A manmade change to the land surface that potentially changes its runoff characteristics
765 including clearing, grading, or excavation, except that the term shall not include:
766
767 A.Permitted surface or deep mining operations and projects, or oil and gas operations and
768 projects conducted under the provisions of Title 45.1.
769
770 B.Clearing of lands specifically for agricultural purposes and the management, tilling,
771 planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot
772 operations, or as additionally set forth by the Board in regulations, including engineering
773 operations as follows: construction of terraces, terrace outlets, check dams, desilting
774 basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour
775 furrowing, land drainage, and land irrigation; however, this exception shall not apply to
776 harvesting of forest crops unless the area on which harvesting occurs is reforested
777
778 seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or
17
779 improved pasture use as described in Subsection B of the Code of
780 Virginia.
781
782 C.
783 a larger common plan of development or sale, including additions or modifications to
784 .
785
786 D.activities that disturb less than one acre of land area except for activities
787 that are part of a larger common plan of development or sale that is one acre or greater of
788 disturbance.
789
790 E.Discharges to a sanitary sewer or a combined sewer system.
791
792 F.Activities under a state or federal reclamation program to return an abandoned property
793 to an agricultural or open land use.
794
795 G.Routine maintenance that is performed to maintain the original line and grade, hydraulic
796 capacity, or original construction of the project. The paving of an existing road with a
797 compacted or impervious surface and reestablishment of existing associated ditches and
798 shoulders shall be deemed routine maintenance if performed in accordance with this
799 subsection.
800
801 H.
802 work requires immediate authorization to avoid imminent endangerment to human health
803 or the environment. In such situations, the VESMP authority shall be advised of the
804
805 compliance with the administrative requirements of §143-130, including a registration
806 statement that substantiates the occurrence of an emergency, is required within 30 days of
807
808
809 VSMP CONSTRUCTION GENERAL PERMIT or CONSTRUCTION GENERAL PERMIT or
810 CGP
811 The General Permit for Discharges of Stormwater from Construction Activities found in
812 of the Virginia Stormwater Management Program Regulations
813
814 WASTELOAD ALLOCATION or WASTELOAD or WLA
815 The portion of a receiving surface water's loading or assimilative capacity allocated to
816
817 based effluent limitation.
818
819 WATERSHED
820 A defined land area drained by a river or stream, karst system, or system of connecting
821 rivers or streams such that all surface water within the area flows through a single outlet.
822 In karst areas, the karst feature to which the water drains may be considered the single
823 outlet for the watershed.
824
18
825 WETLANDS
826 Those areas that are inundated or saturated by surface or groundwater at a frequency and
827 duration sufficient to support, and that under normal circumstances do support, a
828 prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
829 generally include swamps, marshes, bogs, and similar areas.
830
831 §143-125 Permits required; exemptions
832
833 A.No person shall conduct a VESCP la§143-110 until
834 the County land-disturbing permit has been obtained from the Administrator and
835 maintains in good standing, a permit entitling such person and any contractor or agent of
836 such person to conduct such activity. No permit involving land-disturbing activity will
837 be issued without an approved erosion and sediment control plan by Frederick County
838 and certification that the plan will be carried out by the designated Responsible Land
839 Disturber. Prior to initiating grading or other on-site activities on any portion of a lot or
840 parcel, all associated permits required by Federal, State, and local laws and regulations
841 shall be obtained, and evidence of such permits submitted to the County.
842
843 Reference: § :55
844
845 B.No person shall conduct a VSMP land-disturbing activity as defined in §143-110 until a
846 Frederick County land-disturbing permit as required in Subsection A and a VESMP
847 authority permit has been obtained from the Administrator and maintains in good
848 standing, a permit entitling such person and any contractor or agent of such person to
849 conduct such activity. No permit involving a VSMP land-disturbing activity will be
850 issued without a stormwater management plan approved by the County.
851
852 Reference: § :34. A
853
854 §143-130 Permit application
855
856 A.Prior to issuance of a Frederick County land-disturbing permit for a VESCP land-
857 disturbing activity, the following items must be submitted in accordance with the
858 provisions of this chapter and approved:
859
860 1.Completed Frederick County land-disturbing permit application;
861
862 2.The approved erosion and sediment control plan or an executed agreement in lieu
863 of an erosion and sediment control plan;
864
865 3.The performance bond(s) in compliance with §143-240;
866
867 4.The applicable permit fee;
868
869 5.Completed land disturbance permit fee calculation form;
870
19
871 6.All applicable outside agency approvals; and
872
873 7.Copies of all applicable local, state, and federal permits.
874
875 B.Prior to issuance of a Frederick County VSMP permit for a VSMP land-disturbing
876 activity the following items must be submitted in accordance with the provisions of this
877 chapter and approved:
878
879 1.The requirements of a land-disturbing permit application of Subsection A;
880
881 2.A Stormwater Pollution Prevention Plan (SWPPP) to include all required elements
882 applicable to a VESMP land-disturbing activity;
883
884 3.A stormwater management plan or an executed agreement in lieu of a plan that
885 complies with Virginia stormwater requirements and the County stormwater
886 requirements as outlined in this regulation;
887
888 4.A VESMP Authority permit application/registration statement if such statement is
889 required. A person shall not conduct any land-disturbing activity until he has
890 submitted a permit application to the VESMP authority that includes a state VESMP
891 permit statement if such statement is required. A registration statement is not required
892 for a detached single-family home construction within or outside of a common plan
893 of development or sale, but such projects must adhere to the requirements of the
894 general permit; (§62.1-44.15:28.8)
895
896 5.All applicable fees
897
898 6.Evidence of coverage under the state general permit for discharges from construction
899 activities through the state electronic database; and
900
901 7.BMP Maintenance Agreement
902
903
904 Reference500; 5510; 5530; 9VAC25-875-535;
905 9VAC25-875-1290, et seq.; 62.1-44.15:34
906
907 C.Prior to issuing coverage under an existing VSMP Authority permit for a land-disturbing
908 activity within a common plan of development, the following items must be addressed:
909
910 1.The requirements of a Frederick County land-disturbing permit application of
911 Subsection A;
912
913 2.A Stormwater Pollution Prevention Plan (SWPPP) to include all required elements
914 applicable to a VSMP and disturbing activity, or when the area of disturbance is less
915 than one acre, a SWPPP Template and a BMP Implementation Plan consistent with
916 the BMP performance goals of the common plan of development; and
20
917
918 3.A stormwater management plan that complies with Virginia stormwater requirements
919 and the County stormwater requirements as outlined in this regulation.
920
921 D.Whenever a land-disturbing activity is proposed to be conducted by a contractor
922 performing construction work pursuant to a construction contract, the preparation and
923 submission of plans, obtaining approval of the required plans, and obtaining all required
924 permits shall be the responsibility of the owner of the land.
925
926 Reference: §5-5005510;
927
928
929 §143-145 Applicable design standards, specifications and methods
930
931 A.The standards contained within the Virginia Erosion and Stormwater Management
932 Regulation (VESMR), the Virginia Stormwater Management Handbook (VSMH) (latest
933 version), and any additional guidance provided by the VESMP Authority are to be used
934 by the applicant in the preparation and submission of an erosion and sediment control
935 plan, and by the VESMP Authority in considering the adequacy of a plan submittal.
936 When the standards vary between the publications, the state regulations shall take
937 precedence unless otherwise noted in this chapter.
938
939 B.The latest approved version of BMPs found on the Virginia Stormwater BMP
940 Clearinghouse Website or the Virginia DEQ website shall be utilized to effectively
941 reduce the pollutant load and runoff volume as required in this chapter in accordance with
942 the Virginia Runoff Reduction Method.
943
944 5-590
945
946 C.The erosion and sediment control plan and stormwater management plan shall consider
947 all sources of surface runoff and all sources of subsurface and groundwater flows
948
949
950 5-510
951
952 D.Proposed residential, commercial, or industrial subdivisions shall apply these stormwater
953 management criteria to the development project as a whole. Individual lots or parcels
954 shall not be considered separate development projects, but rather the entire subdivision
955 shall be considered a single development project. Hydrologic parameters shall reflect the
956 ultimate development and shall be used in all engineering calculations. Implementation of
957 the plan may be phased or carried out by individual or separate applicants as referenced
958 in §143-130.C.
959
960 E.Unless otherwise specified, the following shall apply to the hydrologic computations of
961 this section:
962
21
963 1.The prescribed design storms are the 12 and 100-year
964
965 the U.S. National Oceanic and Atmospheric Administration (NOAA) Atlas 14 and
966 provided in the VA SWM Handbook.
967
968 2.All hydrologic analyses shall be based on the existing watershed characteristics and
969 how the ultimate development condition of the subject project will be addressed.
970
971 3.The U.S. Department of Agriculture's Natural Resources Conservation Service
972
973
974 Corps of Engineers, or other NRCS standard hydrologic and hydraulic methods, shall
975 be used to conduct the analyses described in this part.
976
977 4.For purposes of computing predevelopment runoff, all pervious lands on the site shall
978 be assumed to be in good hydrologic condition in accordance with the U.S.
979 Department of Agriculture’s Natural Resources Conservation Service (NRCS)
980 standards, regardless of conditions existing at the time of computation.
981
982 5.Pre-development and post-development runoff characteristics and site hydrology shall
983 be verified by site inspections, topographic surveys, available soil mapping or studies,
984 and calculations consistent with good engineering practices. Guidance provided in the
985 Virginia Stormwater Management Handbook and by the Virginia Stormwater BMP
986 Clearinghouse shall be considered appropriate practices.
987
988 5-600; -620
989
990 6.All proposed sediment control or stormwater impounding structures shall be designed
991 in accordance with State standards.
992
993 5-650
994
995 §143-148 Grandfathering provisions
996
997 A.Any VESMP land-disturbing activity shall be considered grandfathered by the VESMP
998 authority and shall be subject to the technical criteria of Article 4 (9VAC25-875-670 et
999 seq.) of the regulations provided:
1000
1001 1.A proffered or conditional zoning plan, zoning with a plan of development, preliminary
1002 or final subdivision plat, preliminary or final site plan, or any document determined by
1003 the locality to be equivalent thereto (i) was approved by the locality prior to July 1, 2012,
1004 (ii)provided a layout as defined in 9VAC25-875-670, (iii) will comply with the Part II C
1005 technical criteria of this chapter, and (iv) has not been subsequently modified or amended
1006 in a manner resulting in an increase in the amount of phosphorus leaving each point of
1007 discharge, and such that there is no increase in the volume or rate of runoff;
1008
22
1009 2.A state permit has not been issued prior to July 1, 2014; and
1010
1011 3.Land-disturbance did not commence prior to July 1, 2014.
1012
1013 B.Locality, state, and federal projects shall be considered grandfathered by the VESMP
1014 authority and shall be subject to the technical criteria of Article 4 of this chapter
1015 provided:
1016
1017 1.There has been an obligation of locality, state, or federal funding, in whole or in part,
1018 prior to July 1, 2012, or the department has approved a stormwater management plan
1019 prior to July 1, 2012;
1020
1021 2.State permit has not been issued prior to July 1, 2014; and
1022
1023 3.Land disturbance did not commence prior to July 1, 2014.
1024
1025 C.Land disturbing activities grandfathered under Subsections A and B of this section shall
1026 remain subject to the technical criteria of Article 4 of this chapter for one additional state
1027 permit cycle. After such time, portions of the project not under construction shall become
1028 subject to any new technical criteria adopted by the Board.
1029
1030 D.In cases where governmental bonding or public debt financing has been issued for a
1031 project prior to July 1, 2012, such project shall be subject to the technical criteria of
1032 Article 4.
1033
1034 E.Nothing in this section shall preclude an operator from constructing to a more stringent
1035 standard at his discretion.
1036
1037 Reference: 9VAC25-875-490, § 62.1-44.15:25, 62.1-44.15:28
1038
1039 §143-150 Stormwater pollution prevention plan components and applicability
1040 For each of the following activities as may be relevant, a stormwater pollution prevention plan
1041 (SWPPP) shall contain the indicated components:
1042
1043 A.VESCP Activities:
1044
1045 1.General SWPPP requirements as described in §143-155;
1046
1047 2.An erosion and sediment control (ESC) plan or if single-family residential
1048 construction an agreement in lieu of an ESC plan as described in §143-160.
1049
1050 B.VESMP land-disturbing activities:
1051
1052 1.General SWPPP requirements as described in §143-155;
1053
23
1054 2.An ESC plan or if single-family residential construction an agreement in lieu of an
1055 ESC plan as described in §143-160;
1056
1057 3.A SWM plan as described in §143-165; and
1058
1059 4.A PPP plan as described in §143-175.
1060
1061 C.VESMPland-disturbing activities part of a larger Common Plan of Development shall
1062 include:
1063
1064 1.General SWPPP requirements as described in §143-155;
1065
1066 2.An ESC plan or if single family residential construction an agreement in lieu of an
1067 ESC plan as described in §143-160;
1068
1069 3.A SWM Plan as described in §143-165, or if less than 1 acre a BMP Implementation
1070 Plan or a completed SWPPP Template demonstrating compliance with all applicable
1071 elements of the approved SWPPP developed for the larger common plan of
1072 development.
1073
1074 D.The requirements for a SWPPP as outlined in §9VAC25-875-500 shall be included with
1075 each plan submitted for review.
1076
1077 5-500; 5-510; 5-520;
1078 -550; 9VAC-880-70 PartII.
1079
1080 §143-155 General stormwater pollution prevention plan (SWPPP) requirements
1081
1082 A.In addition to the applicable components as provided in §143-150, a Stormwater
1083 Pollution Prevention Plan (SWPPP) shall include all items identified within the Virginia
1084 General VPDES Permit for Discharges of Stormwater Construction Activity (General
1085 Permit No.: VAR10).
1086
1087 B.Prior to engaging in the activities shown on the approved plan, the person responsible for
1088 carrying out the plan shall provide the name of a qualified person to the Administrator.
1089 Failure to provide the name of an individual holding a certificate of competence prior to
1090 engaging in land-disturbing activities may result in revocation of the approval of the plan
1091 and the person responsible for carrying out the plan shall be subject to the penalties
1092 provided in §143-225.
1093
1094 Reference: § 62.1-44.15:34 A, :55 B
1095
1096 C.The SWPPP must be maintained at a central location on-site. If an on-site location is
1097 unavailable, notice of the SWPPP's location must be posted near the main entrance at the
1098 construction site. The operator shall make SWPPP’s and all updates available upon
1099 request to County personnel.
24
1100
1101 5-500
1102
1103 §143-160 Erosion and sediment control (ESC) program and plan requirements
1104
1105 A.As stated in §143-150, Frederick County Public Works Department will be the program
1106 authority to operate the County’s Erosion and Sediment Control Program. Pursuant to
1107
1108
1109 shall be conducted by a certified inspector. The erosion control program of the County
1110 shall contain a certified program administrator, a certified plan reviewer, and a certified
1111 inspector, who may be the same person;
1112
1113 B.As required in §143-150, an erosion and sediment control plan shall be developed and
1114 referenced into the SWPPP where a SWPPP is required. The erosion and sediment
1115 control plan shall not be considered approved until reviewed by a certified plan reviewer.
1116 When the plan is determined to be inadequate, written notice of disapproval stating the
1117 specific reasons for disapproval shall be communicated to the applicant within 45 days.
1118 The notice shall specify such modifications, terms and conditions that will permit
1119 approval of the plan. If no action is taken by the County within 45 days, the plan shall be
1120 deemed approved, and the person authorized to proceed with the proposed activity.
1121
1122 C.The erosion and sediment control plan shall be designed to control stormwater volume
1123 and velocity within the site to minimize soil erosion and to minimize sediment discharges
1124 from the site by incorporating all the minimum standards as outlined in 9VAC25-875-
1125 560, incorporate all requirements for flow rate capacity and velocity requirements as
1126 outlined in section 62.1-44.15:52.A of the Code of Virginia and incorporating the
1127 following performance goals to the maximum extent practicable:
1128
1129 1.The area of land disturbance at any one time shall be the minimum necessary to
1130 install and/or construct the proposed site improvements;
1131
1132 2.The installation and/or construction of the proposed site improvements shall be
1133 phased to limit the duration of exposed soils to the minimum time needed to construct
1134 and/or install the improvements in the immediate vicinity of the disturbance;
1135
1136 3.The disturbance and/or compaction of the existing native soils shall be minimized by
1137 directing construction traffic, material stockpiling, and other activities to only those
1138 areas of the site that are designated for proposed infrastructure (buildings, roads,
1139 parking areas, etc.);
1140
1141 4.Disturbance of slopes 15% or steeper shall be avoided to the maximum extent
1142 practicable given the proposed site improvements. When disturbance of steep slopes
1143 is unavoidable, or the resulting grade of exposed soil is 15% or greater, the area shall
1144 be stabilized immediately with an approved soil stabilization measure;
1145
25
1146 5.Existing topsoil shall be preserved to the maximum extent practical;
1147
1148 6.The selection and design of erosion and sediment controls shall be based on the
1149 expected frequency, intensity, and duration of precipitation, and the corresponding
1150 expected volume of runoff and sediment erosion, sedimentation, and transport during
1151 the land-disturbing activity:
1152
1153 a.The volume and peak flow rate of runoff from the construction site should be
1154
1155 individual controls being considered using accepted NRCS hydrologic methods as
1156 described in the Virginia Stormwater Management Handbook, latest version; and
1157
1158 b.The expected volume of sediment erosion, sedimentation, and transport during
1159 activities should be estimated considering the surface area, length, and slope of
1160 exposed soil, the soil horizons exposed by grading activities, and the range of soil
1161 particle sizes expected to be present.
1162
1163 7.
1164 stormwater to vegetated areas where feasible. Where infeasible, alternate practices
1165 that remove or filter sediment and maximize stormwater infiltration may be approved
1166 by the County in accordance with State standards;
1167
1168 8.Sediment basins and traps, when used in accordance with the requirements of the
1169 Virginia Stormwater Management Handbook, shall incorporate an outlet structure
1170 that discharges from the surface (i.e., above the permanent pool or wet storage water
1171 surface elevation).
1172
1173 80-70 Part II.B.25-560
1174
1175 D.When the land-disturbing activity is part of a larger common plan of development, the
1176 ESC plan shall demonstrate compliance with the approved SWPPP for the larger
1177 common plan of development, and shall contain the following information and/or
1178 statements demonstrating compliance with the minimum standards of the erosion and
1179 sediment control regulations of the B75-560):
1180
1181 1.et. seq. of the Code of
1182 75-560(19)
1183 (Minimum Standard 19 of the Virginia Erosion and Stormwater Management
1184 Regulation);
1185
1186 2.The location, dimensions, and other information as required ensuring the proper
1187 construction and maintenance of all temporary erosion and sediment controls
1188 necessary to comply with the provisions of this chapter;
1189
1190 3.Calculations for sediment traps, basins, outlet protection, etc. as applicable;
1191
26
1192 4.A sequence of construction and clear delineation of the initial areas of land
1193 disturbance necessary for installation of the initial erosion and sediment control
1194 measures such as earthen dams, dikes, and diversions. The areas of initial land-
1195 disturbance shall be the minimum necessary for installation of the initial erosion and
1196 sediment control measures and the delineation should include all areas necessary for
1197 such installation, including stockpiles, borrow areas, and staging areas. The sequence
1198 should also include the stabilization of these areas immediately upon reaching final
1199 grade.
1200
1201 5.Clear delineation of the proposed areas of land disturbance and those areas to be
1202 protected from construction activity and traffic, including the following:
1203
1204 a.Minimize the disturbance of slopes 15% or greater; and
1205
1206 b.Minimize soil compaction and, unless infeasible, preserve topsoil.
1207
1208 6.Requirement that final stabilization of disturbed areas shall be initiated immediately
1209 upon reaching final grade on any portion of the site, and that temporary stabilization
1210 shall be initiated immediately upon areas that may not be at final grade but will
1211 remain dormant for longer than 14 days.
1212
1213 7.A comprehensive drainage plan including:
1214
1215 a.The existing and proposed drainage patterns on the site;
1216
1217 b.All contributing drainage areas to permanent stormwater practices and temporary
1218 sediment controls;
1219
1220 c.Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and
1221 floodplains;
1222
1223 d.Land cover such as forest meadow, and other vegetative areas;
1224
1225 e.Current land use including existing structures, roads, and locations of known
1226 utilities and easements;
1227
1228 f.Sufficient information on adjoining parcels to assess the impacts of stormwater
1229 from the site on these parcels;
1230
1231 g.Proposed buildings, roads, parking areas, utilities, and stormwater management
1232 facilities; and
1233
1234 h.Proposed land use with tabulation of the percentage of surface area to be adapted
1235 to various uses, including but not limited to forest or reforestation, buffers,
1236 impervious cover, managed turf (lawns), and easements.
1237
27
1238 8.The location of any stormwater management practices and sequence of construction.
1239
1240 9.Temporary natural vegetated buffers in accordance with the requirements of the
1241 VESMP Construction General Permit. These buffers shall be delineated on the ESC
1242 Plan and protected with accepted signage, safety fence, or other barrier.
1243
1244 E.In lieu of the plan described in Subsections A,B, and C of this section, single-family
1245 residential construction that is not part of a larger common plan of development,
1246 including additions or modifications to an
1247 structure, may execute an ESC Agreement in Lieu of an Erosion and Sediment Control
1248 Plan with the Administrator.
1249
1250 F.In lieu of the plan described in Subsections A,B, and C of this section, single-family
1251 residential construction that disturbs less than 1 acre and part of a larger common plan of
1252 development, may execute a SWPPP Template with the Administrator that demonstrates
1253 compliance with the practices and strategies identified for the lot or parcel in the larger
1254 common plan of development SWPPP.
1255
1256 G.Regarding the erosion and sediment control minimum standards as outlined in 9VAC25-
1257 875-560, the following more stringent changes are applied within the County:
1258
1259 1.Subsection 6b. Surface
1260 drainage areas greater than or equal to three acres shall be controlled by a sediment
1261 basin. The minimum storage capacity of a sediment basin shall be 134 cubic yards per
1262 acre of drainage area. The outfall system shall, at a minimum, maintain the structural
1263 twenty-four-hour duration. Runoff
1264 coefficients used in runoff calculations shall correspond to a bare earth condition or
1265 those expected to exist while the sediment basin is utilized.
1266
1267 2.Subsection 14, regulation of watercourse crossing - All applicable federal, state and
1268 local regulations pertaining to working in or crossing live watercourses shall be met.
1269 Prior to obtaining a land-disturbance permit, copies of all applicable environmental
1270 permits, including but not limited to wetland disturbance, stream crossing, stormwater
1271 discharge permits, shall be submitted with the application.
1272
1273 3.Subsection 17, vehicular sediment tracking - Where construction vehicle access
1274 routes intersect paved or public roads, provisions shall be made to minimize the
1275 transport of sediment by vehicular tracking onto paved or public road surface; the
1276 road surface shall be cleaned thoroughly at the end of each day. Sediment shall be
1277 removed from roads by shoveling or sweeping and transported to a sediment disposal
1278 area. Street washing shall be allowed only after sediment is removed in this manner.
1279
1280 disturbing activities.
1281
1282 4.In subdivisions, the owner/developer of the subdivision shall be responsible for
1283 compliance with the standard set forth in Subsection G(3) until the streets are taken
28
1284 into the Virginia Department of Transportation's Secondary Road System for
1285 maintenance, and the plan submitted for approval shall include a detailed plan or
1286 narrative to ensure transport of sediment onto subdivision streets does not occur
1287 during any phase of construction, including but not limited to construction of all
1288 infrastructure, utilities, and building construction. In addition, if individual lots or
1289 sections in a subdivision are being developed by a different owner, such owner shall
1290 be jointly and severally responsible with the owner/developer of the subdivision for
1291 achieving compliance with this minimum standard, and the erosion and sediment
1292 control plan, or "agreement in lieu of a plan," submitted for approval shall include a
1293 detailed plan or narrative to ensure transport of sediment onto the applicable roads
1294 does not occur during any phase of construction, including but not limited to
1295 construction of all infrastructure, utilities, and building construction.
1296
1297 5.To assure proper stormwater drainage and site stabilization, the following policies are
1298 hereby adopted concerning all development. Prior to release of building permits, the
1299 following infrastructure shall be completed and stabilized within the subdivision,
1300 subsection or phase as shown on the approved plan:
1301
1302 a.Stormwater conveyance systems, including but not limited to culverts, road
1303 surface, curb and gutter, stormwater structures, drainage swales and ditches,
1304 channel linings and all cleared areas shall be stabilized, etc.
1305
1306 b.
1307 which includes but is not limited to stormwater conveyance systems, curb and
1308 gutter, drainage swales and ditches, stormwater/sediment ponds, graded areas, etc.
1309
1310 states that the subdivision has been constructed in accordance with the approved
1311 plan.
1312
1313 c.A proposed overall lot grading plan is required by Frederick County prior to the
1314 release of building permit(s) for subdivisions. This plan shall meet the intent of
1315 the original site plan submitted by the developer. It is required that the developer
1316 provide the builder/owner a copy of the original engineered site grading plan for
1317 the particular subdivision.
1318
1319 d.survey for all lots on which
1320 survey shall
1321 indicate the following: properly annotated boundary lines; setback lines; house
1322 footprint; offsets to house; existing grading; spot shots as necessary to show
1323 positive drainage; spot shots at ten (10) foot intervals along all drainage swale
1324 with less than a 3% slope; actual driveway location; actual floor elevation to
1325 include basement, first floor and garage; and erosion and sediment controls, if
1326
1327
1328 conditions meet the intent of the approved site grading plan. The certified
29
1329 survey shall be submitted to the Public Works Department prior to release of the
1330final certificate of occupancy.
1331
1332 6. Before adopting or revising this chapter, the County shall give due notice and conduct
1333 a public hearing on the proposed or revised regulations, except that a public hearing
1334 shall not be required when the County is amending its program to conform to
1335 revisions in the state program. However, a public hearing shall be held if the County
1336 proposes or revises regulations that are more stringent than the state program.
1337
1338 7. The program and regulations provided for in this chapter shall be made available for
1339 public inspection at the office of the Department of Public Works.
1340
1341 §143-165 Stormwater management (SWM) plan requirements
1342
1343 A. As required in §143-150, a stormwater management plan shall be developed and
1344 referenced into the SWPPP.
1345
1346 B. In addition to the plan requirements outlined in §143-155 and §143-160, the stormwater
1347 management plan shall include the following:
1348
1349 1. A general description of the proposed stormwater management facilities, including:
1350
1351 a. Information on the type of and location of stormwater discharges, information on
1352 the features to which stormwater is being discharged including surface waters or
1353 karst features if present, and pre-development and post-development drainage
1354 areas.
1355
1356 b. Contact information including the name, address, telephone number, and email
1357 address of the owner and the tax map identification number and parcel number of
1358 the property or properties affected.
1359
1360 c. Narrative that includes a description of current site conditions and final site
1361 conditions or if allowed by the County, the information provided and documented
1362 during the review process that addresses the current and final site conditions.
1363
1364 d. A general description of the proposed stormwater management facilities and the
1365 mechanism through which the facilities will be operated and maintained after
1366 construction is complete.
1367
1368 e. Information on proposed stormwater management facilities, including
1369
1370 1) Detailed narrative on the conversion to a long-term stormwater
1371 management facility if the facility was used as a temporary ESC
1372 measure;
1373 2) The type of facilities
1374 3) Location, including geographic coordinates
30
1375 4)Acres treated
13765)The surface waters or karst features into which the facility will discharge
1377
1378 f. Hydrologic/hydraulic computations, including runoff characteristics.
1379
1380 g. Documentation/calculations verifying compliance with water quality and quantity
1381 requirements of this chapter.
1382
1383 h. Map or maps of site that depicts topography of the site and includes:
1384
1385 1) All contributing drainage areas.
1386
1387 2) Existing streams, ponds, culverts, ditches, wetlands, other water bodies,
1388 floodplains.
1389
1390 3) Soil types, geologic formations if karst features are present in the area,
1391 forest cover, other vegetative areas.
1392
1393 4) Current land use including existing structures, roads, locations of known
1394 utilities and easements.
1395
1396 5) Sufficient information on adjoining parcels to assess impacts of
1397 stormwater from the site on these parcels.
1398
1399 6) Limits of clearing and grading, proposed drainage patterns on the site.
1400
1401 7) Proposed buildings, roads, parking areas, utilities, stormwater
1402 management facilities.
1403
1404 8) Proposed land use with tabulation of percentage of surface area to be
1405 adapted to various uses, including planned locations of utilities, roads and
1406 easements.
1407
1408 i. A stormwater management plan for a land-disturbing activity shall apply the
1409 stormwater management technical criteria to the part to the entire land-disturbing
1410 activity. Individual lots in new residential, commercial, or industrial
1411 developments shall not be considered separate land-disturbing activities.
1412
1413 j. A stormwater management plan shall consider all sources of surface runoff and all
1414 sources of subsurface and groundwater flows converted to surface runoff.
1415
1416 Reference: 9VAC25-875-510
1417
1418 2. All necessary documentation and calculations supporting the design and construction
1419 of the proposed stormwater management structures, including sufficient details such
1420 as cross sections, profiles, dimensions, grades, and other information as needed to
31
1421 ensure that the BMPs are built in accordance with the approved plans and the BMP
1422 Design Specifications of the Virginia Stormwater Management Handbook.
1423
1424 3.Runoff Reduction Method compliance spreadsheet summary sheet.
1425
1426 4.A landscaping plan prepared by an individual familiar with the selection of
1427 appropriate vegetation for the particular BMP (emergent and upland vegetation for
1428 wetlands, woody and/or herbaceous vegetative stabilization and management
1429 techniques to be used within and adjacent to the stormwater management facilities,
1430 etc.). The landscaping plan must also describe the maintenance of vegetation at the
1431 site and what practices should be employed to ensure that adequate vegetative cover
1432 is preserved.
1433
1434 5.Identification of all easements provided for inspection and maintenance of stormwater
1435 management facilities in accordance with specifications in the Virginia Stormwater
1436 Management Handbook and the County requirements.
1437
1438 6.When applicable, a copy of the Frederick County SWM BMP operation and
1439 maintenance agreement to be recorded in the local land records prior to plan approval.
1440
1441 7.When stormwater facilities are proposed on individual residential lots, a copy of the
1442 proposed residential lot BMP inspection and maintenance agreement to be signed by
1443 the property owner upon settlement. This must be submitted prior to plan approval.
1444
1445 8.If an operator intends to meet the requirements established in 9VAC25-875-580 or
1446 9VAC25-875-600 through the use of offsite compliance options, where applicable,
1447 then a letter of availability from the offsite provider must be included
1448
1449 C.Stormwater management (SWM) plans shall demonstrate compliance with the following:
1450
1451 1.Stormwater runoff quality and runoff volume reduction criteria for new development.
1452
1453 5-580
1454
1455 2.Stormwater runoff quality criteria for development on prior developed lands.
1456
1457 5-580
1458
1459 3.Channel protection criteria.
1460
1461 5-600
1462
1463 4.Flood protection criteria.
1464
1465 5-600
1466
32
1467 5.Requirements for identifying, evaluating, and addressing increased volumes of sheet
1468 flow resulting from pervious or disconnected impervious areas or from physical
1469 spreading of concentrated flow through level spreaders.
1470
1471 5-600
1472
1473 D.Prior to release of the stormwater plan surety bond, two sets of the construction record
1474
1475 “as-built plans,” in accordance with County requirements shall be submitted to the
1476 Administrator. The construction record drawing shall be appropriately sealed and signed
1477 by a professional registered in the State
1478 Chapter 4 of Title 54.1. of the Code of Virginia. The record drawing shall contain a
1479 statement signed by a professional registered in the Commonwealth of Virginia pursuant
1480 to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia, stating that to the
1481 best of the professional's knowledge, the construction record drawing shows all
1482 adjustments and revisions to the stormwater management plan made during construction
1483 and serve as a permanent record of the actual location of all constructed elements.
1484
1485 Reference5-535
1486
1487 E.Single family residential construction that is less than one acre of disturbance and part of
1488 a larger common plan of development may execute and implement a BMP
1489 Implementation Plan as part of the SWPPP Templateto demonstrate compliance with the
1490 practices and strategies identified in the larger common plan of development SWPPP.
1491
1492 F.Stormwater management facility maintenance agreements. Maintenance of all stormwater
1493 management facilities shall be ensured through the creation of a formal maintenance
1494 agreement that must be approved by the Administrator and recorded in the land record
1495 prior to issuance of a permit and contain the following provisions:
1496
1497 1.A copy of the County BMP operation and maintenance agreement proposed for
1498 recordation in the local land records prior to plan approval to be signed by the
1499 property owner upon settlement shall be submitted with the plans.
1500
1501 Reference5535.
1502
1503 2.Responsibility for the operation and maintenance of stormwater management
1504 facilities shall remain with the property owner or an owner's association and shall
1505 pass to any successor or owner. If portions of the land are to be sold, legally binding
1506 arrangements shall be made to pass the responsibility to successors in title.
1507
1508 Reference: 5-535.
1509
1510 3.Maintenance agreements shall be in accordance with the County requirements (BMP
1511 Inspection and Maintenance Program) and provide for all necessary access for
1512 inspections.
33
1513
1514 Reference: 5535.
1515
1516 4.Except as provided in Subsection F(5) below, maintenance agreements shall be
1517 enforceable (by the Administrator).
1518
1519 Reference: 5535.
1520
1521 5.
1522 runoff from the individual residential lot on which they are located require a County
1523 residential lot BMP inspection and maintenance agreement acknowledging the
1524 presence, purpose, location, and basic maintenance requirements for the particular
1525 BMPs in accordance with County requirements.
1526
1527 Reference5535
1528
1529 6.Elements of the stormwater management plans that include activities regulated under
1530 Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be
1531 appropriately sealed and signed by a professional registered in the State pursuant to
1532 Article 1 (§54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
1533
1534 7.Stormwater management plans for residential, commercial or industrial subdivisions
1535 are approved and govern the development of individual parcels within that plan,
1536 throughout the development life even if ownership changes.
1537
1538 Reference:
1539
1540 §143-175 Pollution prevention plan (PPP)
1541
1542 A.A pollution prevention plan (PPP) is required for all VESMP Activities as required in
1543 §143-125, and shall be developed for incorporation into the SWPPP.
1544
1545 B.The PPP shall be developed in accordance with the Virginia Stormwater Management
1546 Handbook to minimize the discharge of pollutants and the exposure of materials to
1547 stormwater, and prohibit illicit discharges from construction activities.
1548
1549 C.The PPP shall be implemented and updated as outlined in §143-205.C and the Virginia
1550 Stormwater Management Handbook
1551 disturbing activity to implement appropriate pollution prevention measures applicable to
1552 construction activities.
1553
1554 Reference: 9VAC25-875-520
1555
1556 §143-180 Prohibitions Illicit Discharges
1557
34
15581558A.A.It shall be unlawful for any person not specifically It shall be unlawful for any person not specifically It shall be unlawful for any person not specifically It shall be
unlawful for any person not specifically authorized by the Administrator to do authorized by the Administrator to do authorized by the Administrator to do
1559 1559 so, to remove a manhole cover or catch basin or grate inlet cover or to make any so, to remove a manhole cover or catch basin or grate inlet cover or to make any so, to remove
a manhole cover or catch basin or grate inlet cover or to make any
1560 1560 connections with, or any opening into, use, alter, disturb, or otherwise interfere with any connections with, or any opening into, use, alter, disturb, or otherwise interfere
with any connections with, or any opening into, use, alter, disturb, or otherwise interfere with any
1561 1561 manhole, catch basin, grate, inlet or other structure which is a part of the public storm manhole, catch basin, grate, inlet or other structure which is a part of the public
storm manhole, catch basin, grate, inlet or other structure which is a part of the public storm manhole, catch basin, grate, inlet or other structure which is a part of the public storm
1562 1562 drainage drainage drainage system.system.system.
1563 1563 B.B.IIt shall be unlawful for any person to deposit into any open watercourse or gutter or pipet shall be unlawful for any person to deposit into any open watercourse or gutter
or pipet shall be unlawful for any person to deposit into any open watercourse or gutter or pipe
1564 1564 or other drainage structure, any rocks, logs, dirt, paper, branches, leaves, grass or anyor other drainage structure, any rocks, logs, dirt, paper, branches, leaves, grass
or anyor other drainage structure, any rocks, logs, dirt, paper, branches, leaves, grass or any
1565 1565 other material capable of causing a stoppage or disrupting the flow of storm or rainwaterother material capable of causing a stoppage or disrupting the flow of storm or rainwaterother
material capable of causing a stoppage or disrupting the flow of storm or rainwater
1566 1566 or otherwise adversely affecting the hydraulic capacity of the watercourse or drainageor otherwise adversely affecting the hydraulic capacity of the watercourse or drainageor
otherwise adversely affecting the hydraulic capacity of the watercourse or drainage
1567 1567 structure.structure.
1568 1568 C.C.It shall be unlawful to cause or allow illicit discharges to the storm drainage system or toIt shall be unlawful to cause or allow illicit discharges to the storm drainage
system or toIt shall be unlawful to cause or allow illicit discharges to the storm drainage system or to
1569 1569 state waters. Subject to the provisions of paragraph (d) below, activities shall not bestate waters. Subject to the provisions of paragraph (d) below, activities shall not
bestate waters. Subject to the provisions of paragraph (d) below, activities shall not be
1570 1570 considered illicit discharge as outlined in 9VAC25-890-20.considered illicit discharge as outlined in 9VAC25-890-20.considered illicit discharge as outlined in 9VAC25-890-20.
1571 1571 D.D.The prohibition in (c) above shall not apply to any non-The prohibition in (c) above shall not apply to any non-The prohibition in (c) above shall not apply to any non-stormwater
discharge permittedstormwater discharge permittedstormwater discharge permitted
1572 1572 under a VPDES or VESMP permit or waiver, provided that the discharge is in fullunder a VPDES or VESMP permit or waiver, provided that the discharge is in fullunder a VPDES
or VESMP permit or waiver, provided that the discharge is in full
1573 1573 compliance with all requirements of the VPDES or VESMP permit as well as any othercompliance with all requirements of the VPDES or VESMP permit as well as any othercompliance
with all requirements of the VPDES or VESMP permit as well as any other
1574 1574 applicable laws or regulations pertaining to the discharge.applicable laws or regulations pertaining to the discharge.applicable laws or regulations pertaining to the discharge.
1575 1575 E.E.It shall be unlawful to connect, or cause or allow to be connected, to the storm drainageIt shall be unlawful to connect, or cause or allow to be connected, to the storm
drainageIt shall be unlawful to connect, or cause or allow to be connected, to the storm drainage
1576 1576 system or state waters, without a VPDES or VESMP permit, any structure that conveyssystem or state waters, without a VPDES or VESMP permit, any structure that conveyssystem
or state waters, without a VPDES or VESMP permit, any structure that conveys
1577 1577 any liquid other than stormwater or discharges listed in paragraph (c) of this section,any liquid other than stormwater or discharges listed in paragraph (c) of this section,any
liquid other than stormwater or discharges listed in paragraph (c) of this section,
1578 1578 including but not limited to pipes, drains, sanitary sewer lines, washing machine drains,including but not limited to pipes, drains, sanitary sewer lines, washing machine drains,including
but not limited to pipes, drains, sanitary sewer lines, washing machine drains,
1579 1579 or floor drains. This prohibition expressly includes, without limitation, illicit connectionsor floor drains. This prohibition expressly includes, without limitation, illicit
connectionsor floor drains. This prohibition expressly includes, without limitation, illicit connections
1580 1580 made in the past, regardless of whether the connection was permissible under law ormade in the past, regardless of whether the connection was permissible under law ormade in
the past, regardless of whether the connection was permissible under law or
1581 1581 practices applicable or prevailing at the time of the connection.practices applicable or prevailing at the time of the connection.practices applicable or prevailing at the
time of the connection.
1582 1582 F.F.If any activity listed in paragraph (c) of this section is found by the AIf any activity listed in paragraph (c) of this section is found by the AIf any activity listed
in paragraph (c) of this section is found by the Administrator to be administrator to be a
1583 1583 source of pollution to state waters, the discharge shall be considered source of pollution to state waters, the discharge shall be considered source of pollution to state waters,
the discharge shall be considered illicit,illicit,illicit, and the and the
1584 1584 AAdministrator shall serve a written notice in accordance with this section.dministrator shall serve a written notice in accordance with this section.
1585 1585 G.G.The The AdministratorAdministratorAdministratorAdministrator shall have the authority to inspect and monitor discharges and sources shall have the authority to inspect
and monitor discharges and sources shall have the authority to inspect and monitor discharges and sources
1586 1586 of potential discharge to the storm drainage system to ensure compliance with this article,of potential discharge to the storm drainage system to ensure compliance with this
article,of potential discharge to the storm drainage system to ensure compliance with this article,
1587 1587 including the authority to enter upon private property to inspect or monitor suchincluding the authority to enter upon private property to inspect or monitor suchincluding
the authority to enter upon private property to inspect or monitor such
1588 1588 discharges or sources of potential discharge. The discharges or sources of potential discharge. The discharges or sources of potential discharge. The AdministratorAdministratorshall
also have theshall also have the
1589 1589 authority to initiate enforcement action in accordance with section authority to initiate enforcement action in accordance with section 143.225.B.143.225.B.
1590 1590
1591 1591 ReferenceReference: 9VAC25: 9VAC25-890-20 -890-20
1592
1593 §143-185 Review and approval of plans
1594
1595 A.Upon receipt of a plan for a permit and accompanying plans as required by §143-150, the
1596 Administratorshall determine the completeness of the application and notify the
1597 applicant within 15calendar days if the submittal is considered incomplete.
1598
1599 B.Once the applicant has been notified of a complete submittal, the Administratorshall
1600 have an additional 60calendar days from the date of the communication for the review of
1601 the plans to determine compliance with the requirements of this ordinance, and to
1602 communicate to the applicant the approval or disapproval of the plans.
1603
35
1604 C.If the plans are not approved, the reasons for not approving the plans shall be provided in
1605 writing to the applicant.
1606
1607 D.The Administrator shall review within 45 calendar days of the date of resubmission any
1608 plans that been previously disapproved.
1609
1610 E.Unless otherwise indicated in the application, electronic communication shall be
1611 considered communication in writing.
1612
1613 Reference: §; 5110
1614
1615 §143-190 Preconstruction meeting required
1616
1617 No land disturbing activities shall commence until a preconstruction meetingbetween the
1618 Administrator and the applicant, and the individual responsible for carrying out the plan has been
1619 conducted. The applicant shall notify the Administrator
1620 site.
1621
1622 §143-195 Issuance, time limit, modification, maintenance, transfer and/or termination of
1623 Frederick County permit and the VESMP Authority Permit
1624
1625 A.Permit issuance. Once the requirements for obtaining a County land-disturbing permit
1626 and coverage under the state general permit for discharges from construction activity (if
1627 applicable) have been met, including the receipt or verification of payment of all required
1628 permit fees in accordance with the fee schedule of §143-235, the Administrator will issue
1629 a Frederick County land disturbance permit and a VESMP Authority permit. Prior to the
1630 initiation of an application, by the owner of the subject property, the owner’s agent, or
1631 any entity in which the owner holds an ownership interest greater than 50%, for a permit
1632 under this chapter, all delinquent real estate taxes and any other charges that constitute a
1633 lien on the subject property that are owed to the County and have been properly assessed
1634 against the subject property must be paid, unless otherwise authorized by the Treasurer.
1635
1636 B.No transfer, assignment, or sale of the rights granted by virtue of a County land-
1637 disturbing permit shall be made unless a written notice of transfer and corresponding
1638 permit modification fee is filed with the Administrator and the transferee certifies
1639 agreement to comply with all obligations and conditions of the permit. The Administrator
1640 may require modification or revocation and reissuance of the VESMP authority permit to
1641 change the name of the permittee and incorporate such other requirements as may be
1642 necessary for the transfer.
1643
1644 C.If land-disturbing activity has not commenced within 180 days of land-disturbing activity
1645 or VESMP authority permit issuance or ceases for more than 180 days, the Administrator
1646 may evaluate the existing approved ESC plan to determine whether the plan still satisfies
1647 local and state erosion and sediment control criteria and to verify that all design factors
1648 are still valid. If the previously filed ESC plan is determined to be inadequate a modified
1649 .
36
1650
1651 75-240
1652
1653 D.VESMP Authority Permits are effective for a fixed permit cycle of 5 years. Activities
1654 requiring a VE
1655 cycle and must be renewed if the permit has not been terminated prior to the end of the
1656 cycle. The annual permit maintenance fees in §143-235 apply until the permit coverage is
1657 terminated or renewed.
1658
1659 E.ESMP Permit coverage was issued between July 1,
1660 2014 and June 30, 2019 permit cycle may remain subject to the technical criteria of Part
1661 II B of the Virginia Stormwater Regulations for two additional permit cycles provided
1662 coverage under the original VESMP Permit is maintained. After two permit cycles have
1663 passed, or should the original VESMP Permit coverage not be maintained, portions of the
1664 project not under construction shall become subject to any new technical criteria adopted
1665 by the VESMP Authority after the original VESMP Permit coverage was issued.
1666
1667 F.VESMP Permit coverage was issued between July 1,
1668 2014 and June 30, 2019 permit cycle may elect to modify the permit by paying the
1669 appropriate permit modification fee and request approval for compliance with the
1670 technical criteria of Part II B for any remaining portions of the project.
1671
1672 Reference: §; 580.
1673
1674 §143-200 Variances/exceptions
1675
1676 A.Frederick County may grant exceptions or modify the ESC requirements of activities if
1677 they are deemed inappropriate or too restrictive for site conditions by granting a variance.
1678 A variance may be granted under the following conditions:
1679
1680 1.At the time of plan submission, an applicant may request a variance from the
1681 requirements of an erosion and sediment control plan. The applicant shall explain the
1682 reasons for requesting variances in writing. Specific variances which are allowed
1683 shall be documented in the plan.
1684
1685 2.During construction, the person responsible for implementing the approved plan may
1686 request a variance in writing from the Administrator. The Administrator shall respond
1687 in writing either approving or disapproving such a request. If the Administrator does
1688 not approve a variance within 10 days of receipt of the request, the request shall be
1689 disapproved. Following disapproval, the applicant may resubmit a variance request
1690 with additional documentation.
1691
1692 3.The Administrator shall consider variance requests judiciously, keeping in mind both
1693
1694 site properties and resources from damage.
1695
37
1696 B.The Administrator may grant exceptions to the Technical Criteria of §143-165,
1697 Stormwater management (SWM) plan requirement s. An exception may be granted,
1698 provided that:
1699
1700 1.The exception is the minimum necessary to afford relief;
1701
1702 2.Reasonable and appropriate conditions shall be imposed as necessary upon any
1703 exception granted so that the intent of the VESMA and this chapter is preserved;
1704
1705 3.Granting the exception will not confer any special privileges that are denied in other
1706 similar circumstances;
1707
1708 4.Exception requests are not based upon conditions or circumstances that are self-
1709 ; and
1710
1711 5.Economic hardship alone is not sufficient reason to grant an exception from these
1712 requirements.
1713
1714 C.
1715 activity obtain required VESMP permits be granted, nor shall the use of a BMP not found
1716 through the Virginia Stormwater BMP Clearinghouse be approved.
1717
1718 D.Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite
1719 options available as described in §143-165B(8) have been considered and found not
1720 available.
1721
1722 E.A record of all exceptions granted shall be maintained by the County in accordance with
1723 9VAC25-875-180
1724
1725 Reference: 570; 9VAC25-875-180
1726
1727 §143-205 Amendments to approved plans
1728
1729 A.The County may require changes to an approved erosion and sediment control plan
1730 and/or stormwater management plan in the following cases:
1731
1732 1.Where inspection has revealed that the plan is inadequate to satisfy applicable
1733 regulations; or
1734
1735 2.Where the owner finds that because of changed circumstances or for other reasons the
1736 plan cannot be effectively carried out, and proposed amendments to the plan
1737 consistent with the requirements of the Act are agreed to by the VESMP authority and
1738 the owner
1739
1740 Reference: 9VAC25-875-110
1741
38
1742 B.Amendments to an approved SWPPP may be required in order to reflect changes in the
1743 implementation of an approved ESC or SWM Plan. In addition to the requirements of
1744 Subsection A of this section, the site operator shall document the implementation of the
1745 provisions of the SWPPP as follows:
1746
1747 1.The operator shall amend the SWPPP whenever there is a change in design,
1748 construction, operation, or maintenance that may have a significant effect on the
1749 discharge of pollutants from the construction activity and that has not been previously
1750 addressed in the SWPPP.
1751
1752 2.The SWPPP must be amended if during inspections or investigations by the operator's
1753 qualified personnel, or by the Administrator, state or federal officials, it is determined
1754 that the existing control measures are ineffective in minimizing pollutants in
1755 stormwater discharges from the construction site.
1756
1757 3.Revisions to the SWPPP shall include additional or modified control measures
1758 designed and implemented to correct problems identified. If approval by the
1759 Administrator is necessary for the control measure, revisions to the SWPPP shall be
1760 completed no later than five business days following approval. Implementation of
1761 these additional or modified control measures shall be accomplished as described in
1762 Part II H of the general permit.
1763
1764 4.Amendments, modifications, or updates to the SWPPP shall be signed in accordance
1765 with Part III K 2 of the general permit and shall include the required certification in
1766 accordance with Part III K 4 of the general permit. Changes to any component of an
1767 approved SWPPP with VESMP Permit coverage that result in changes to stormwater
1768 management plans or require additional review by the Administrator shall be subject
1769 to permit modification fees set out in §143-235.
1770
1771 Reference: 9VAC25-880-70 Part II C. General permit.
1772
1773 §143-210 Monitoring and inspections during activities
1774
1775 A.Erosion and sediment control
1776
1777 1.The responsible land disturber, as provided by §62.1-44.15:52, shall oversee and is
1778 responsible for carrying out the land-disturbing activity and provide for periodic
1779 inspections of the land-disturbing activity. The County may require the person
1780 responsible for carrying out the plan to monitor the land-disturbing activity. The
1781 person responsible for carrying out the plan will maintain records of these inspections
1782 and maintenance, to ensure compliance with the approved plan and to determine
1783 whether the measures required in the plan are effective in controlling erosion and
1784 sedimentation.
1785
1786 2.The County shall periodically inspect the land-disturbing activity in accordance with
1787 9VAC25-875-140 of the Virginia Erosion and Stormwater Management Regulation
39
1788 to ensure compliance with the approved plan and to determine whether the measures
1789required in the plan are effective in controlling erosion and sedimentation. The
1790 application for a permit shall include a provision for appropriate agents and
1791 employees of the County, at reasonable times, to go upon the property on which
1792 permission has been sought to conduct land-disturbing activities and to monitor such
1793 activities. The owner, permittee, or person responsible for carrying out the plan shall
1794 be given notice of the inspection.
1795
1796 a. If the Administrator determines that there is a failure to comply with the plan,
1797 notice shall be served upon the permittee or person responsible for carrying out
1798 the plan by mailing with confirmation of delivery to the address specified in the
1799 permit application or in the plan certification, by electronic mail to the address
1800 specified in the permit application, or by delivery at the site of the land-disturbing
1801 activities to the agent or employee supervising such activities.
1802
1803 b. The notice shall specify the measures needed to comply with the plan and shall
1804 specify the time within which such measures shall be completed. Upon failure to
1805 comply within the specified time, the permit may be revoked and the permittee or
1806 person responsible for carrying out the plan shall be subject to the penalties
1807 provided by this chapter.
1808
1809 Reference: § 62.1-44.15:37; § 62.1-44.15:58
1810
1811 3. Upon issuance of an inspection report denoting a violation of Code of Virginia §62.1-
1812 44.15:55, the Administrator may, in conjunction with or subsequent to a notice to
1813 comply as specified in this ordinance, issue an order requiring that all or part of the
1814 land-disturbing activities permitted on the site be stopped until the specified
1815 corrective measures have been taken.
1816
1817 If land-disturbing activities have commenced without an approved plan, the
1818 Administrator may issue an order requiring that all of the land-disturbing activities be
1819 stopped until an approved plan or any required permits are obtained.
1820
1821 Where the alleged noncompliance is causing or is in imminent danger of causing
1822 harmful erosion of lands or sediment deposition in waters within the watersheds of
1823 the Commonwealth, or where the land-disturbing activities have commenced without
1824 an approved plan or any required permits, such an order may be issued without regard
1825 to whether the alleged violator has been issued a notice to comply as specified in this
1826 ordinance. Otherwise, such an order may be issued only after the alleged violator has
1827 failed to comply with such a notice to comply.
1828
1829 The order shall be served in the same manner as a notice to comply and shall remain
1830 in effect for a period of seven days from the date of service pending application by
1831 the owner or permit holder for appropriate relief to the Circuit Court of the County.
1832 Said order shall be posted on the site where the disturbance is occurring andshall
1833 remain in effect until permits and plan approvals are secured.
40
1834
1835 The owner may appeal the issuance of an order to the Circuit Court of the County.
1836
1837 Any person violating or failing, neglecting or refusing to obey an order issued by the
1838 Administrator may be compelled in a proceeding instituted in the Circuit Court of the
1839 County to obey same and to comply therewith by injunction, mandamus or other
1840 appropriate remedy.
1841
1842 Upon completion and approval of corrective action or obtaining an approved plan or
1843 any required permits, the order shall immediately be lifted.
1844
1845 Nothing in this section shall prevent the Administrator from taking any other action
1846 authorized by this chapter.
1847
1848 Reference: § 62.1-44.15:37; § 62.1-44.15:58
1849
1850
1851
1852 B.Stormwater
1853
1854 1.The VESMP Authority will inspect all regulated activities to ensure compliance with
1855 the approved ESC Plan in accordance with the County and state requirements. The
1856 owner, permittee or person responsible for carrying out the plan or agreement may be
1857 given notice of the inspection.
1858
1859
1860
1861 2.The County requires that stormwater management facilities be inspected, and the
1862 construction of such facilities are certified in accordance with Subsection B(4) of
1863 §143-210. The VESMP Authority may also inspect the construction of permanent
1864 stormwater management facilities at critical stages of construction and inaccordance
1865 with the Virginia BMP Design Specifications to ensure compliance with the approved
1866 plans.
1867
1868 Reference
1869
1870 3.ESMP Authority to conduct such inspections shall be
1871 expressly reserved in the permit. The permit holder, or his duly designated
1872 representative, shall be afforded the opportunity to accompany the inspectors.
1873
1874 Reference , Right of entry
1875
1876 4.The County will accept the submittal of inspection reports certifying that the
1877 stormwater management facilities are being constructed in accordance with the
1878 approved plan conducted by:
1879
41
1880 a)Aperson who is licensed as a professional engineer, architect, landscape
1881
1882 4 of Title 54.1 of the Code of Virginia;
1883
1884 b) Aperson who works under the direction and oversight of the licensed
1885 professional engineer, architect, landscape architect, or land surveyor; or
1886
1887 c) A person who holds a certificate of competence in stormwater inspection from
1888 the Board.
1889
1890 Reference: 9VAC25-875-140
1891
1892 5. The VESMP Authority will inspect all regulated activities covered by a VESMP
1893 authority permit to ensure the operator is conducting and documenting the operator
1894 inspections as required by the County and is appropriately updating the PPP as
1895 required by the County. The owner, permittee or person responsible for carrying out
1896 the plan or agreement may be given notice of the inspection.
1897
1898 Reference: Subsection B(1), (2), and (3) 5-140
1899
1900 6. All activities covered by a VESMP Permit shall be inspected by the operator in
1901 accordance with the requirements of the County. The operator shall maintain records
1902 of inspections and maintenance to determine whether the measures required in the
1903 ESC plan are effective in controlling erosion and sedimentation and to ensure
1904 compliance with the approved plan. Records shall be made available to the
1905 Administrator or the County inspector upon request.
1906
1907 Reference: 9VAC25-880-70
1908
1909 7. Prior to the release of any performance bonds or termination of the VESMP Authority
1910
1911 management facilities. The site shall be surveyed to determine actual field
1912 conditions, and the approved plans as annotated to reflect actual field conditions shall
1913 constitute the as-built drawing. As-built drawings shall include the following:
1914 a. Storm sewer systems.
1915 1)The general location of all drainage structures.
1916 2)The storm structure top and all pipe invert elevations including end
1917 sections.
1918 3) Storm pipe size, material and percent grade between inverts from
1919 structure to structure.
1920 4)Spot elevations of the invert of all man-made ditches at fifty-foot
1921 intervals.
1922 5) Extent of all riprap outfall protection.
1923 b. Topographic survey of all constructed SWM/BMP facilities.
42
1924 c.The location, size and/or material of all required BMP elements including but not
1925 limited to cleanouts, observation wells, overflow structures, gravel diaphragms,
1926 and flow spreaders.
1927 d.Confirmation of the volume provided in all ponds and water quality
1928 structures. Deviations from the approved plans shall require new routings to
1929 confirm that the ponds will function as designed.
1930 e.For residential projects, topographic survey of all disturbed common space areas
1931 to confirm that all slopes and swales are properly placed and that all drainage
1932 patterns have been established in accordance with the grading plan.
1933 f.Detailed records of any variations of the work from the approved plans.
1934
1935 Reference: 5-535
1936
1937 8.Reports; recordkeeping
1938
1939 a)On a fiscal year basis (July 1 to June 30), the County shall report to the
1940 Department by October 1 of each year in a format provided by the
1941 Department. The information to be provided shall include the following:
1942
1943 1.Information on each permanent stormwater management facility
1944 completed during the fiscal year to include type of stormwater
1945 management facility, geographic coordinates, acres treated, and the
1946 surface waters or karst features into which the stormwater
1947 management facility will discharge;
1948
1949 2.Number and type of enforcement actions during the fiscal year; and
1950
1951 3.Number of exceptions granted during the fiscal year.
1952
1953 b)A VESMP authority shall keep records in accordance with the following:
1954
1955 1.Project records, including approved stormwater management plans, shall
1956 be kept for three years after state permit termination or project
1957 completion.
1958
1959 2.Stormwater management facility inspection records shall be documented
1960 and retained for at least five years from the date of inspection.
1961
1962 3.Construction record drawings shall be maintained in perpetuity or until a
1963 stormwater management facility is removed.
1964
1965 4.All registration statements submitted in accordance with 9VAC25-875-
1966 530 shall be documented and retained for at least three years from the
1967 date of project completion or state permit termination.
1968
1969 Reference: 9VAC25-875-180
43
1970
1971 §143-215 Monitoring and inspections of permanent stormwater management facilities
1972
1973 A.Owners of stormwater management facilities shall be responsible for conducting
1974 inspections and performing maintenance in accordance with the recorded stormwater
1975 BMP maintenance agreement as described in §143-165 and in accordance with County
1976 requirements. Regarding individual residential lots, such recorded instruments need not
1977 be required for stormwater management facilities designed to treat stormwater runoff
1978 primarily from an individual residential lot on which they are located, provided it is
1979 demonstrated to the satisfaction of the Administrator that future maintenance of such
1980 facilities will be addressed through an enforceable mechanism at the discretion of the
1981 Administrator. Provisions for this are addressed in the Virginia Stormwater Management
1982 Handbook.
1983
1984 B.If a recorded instrument is not required pursuant to section §143-215.A, the
1985 Administrator shall develop a strategy for addressing maintenance of stormwater
1986 management facilities designed to treat stormwater runoff primarily from an individual
1987 residential lot on which they are located. Such a strategy may include periodic
1988 inspections, homeowner outreach and education, or other methods targeted at promoting
1989 the long-term maintenance of such facilities. Such facilities shall not be subject to the
1990 requirement for an inspection to be conducted by the Administrator.
1991
1992 Reference: 5-130; 9VAC25-875-140
1993
1994 C.The Administrator will ensure that permanent stormwater management facilities are
1995 being adequately maintained as designed after completion of land-disturbing activities
1996 according to the following:
1997
1998 1.The Administrator shall track the five
1999 report submittals as required by the recorded maintenance agreement and in
2000 accordance with County requirements. The Administrator or the Administrator’s
2001 designee, not to include the owner, except as described below, shall conduct
2002 maintenance inspections at a minimum of once every 5 years for certain BMPs as
2003 defined by County requirements.
2004
2005 2.The Administrator may utilize the inspection reports of the owner of a stormwater
2006 management facility as part of an inspection program established in subsection A of
2007 this section if the inspection is conducted by a person who is licensed as a
2008 professional engineer, architect, landscape architect, or land surveyor pursuant to
2009 Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the code of Virginia; a
2010 person who works under the direction and oversight of the licensed professional
2011 engineer, architect, landscape architect, or land surveyor; or a person who holds an
2012 appropriate certificate of competence from the department.
2013
44
2014 3.
2015 expressly reserved in the maintenance agreements. The owner, or his duly designated
2016 representative, shall be afforded the opportunity to accompany the inspectors.
2017
2018 References: 9VAC25-875-140; § 62.1-44.15:39
2019
2020 D.The Administrator shall notify the property owner or owner's association in writing in
2021 accordance with §143-225B(1) to the address as identified in the SWM BMP Inspection
2022 and Maintenance Agreement when a determination has been made that the stormwater
2023 management facility is in disrepair or is not functioning as intended. The notice shall
2024 specify the measures needed to comply with the approved maintenance plan and shall
2025 specify the time within which such measures shall be completed. If the responsible party
2026 fails to perform such maintenance and repair, the County shall have the authority to
2027 initiate enforcement action in accordance with §143-225B(6) and perform the work and
2028 recover the costs from the responsible party.
2029
2030 §143-225 Enforcement; violations and penalties
2031
2032 A.Erosion and sediment control.
2033
2034 1.Violators of this chapter shall be guilty of a Class I misdemeanor.
2035
2036 2.Any person who violates any provision of Va. Code §§ 62.1-44.15:34, 62.1-44.15:55
2037 may, upon a finding of the District Court of the County, be assessed a civil penalty.
2038 The civil penalty for any one violation shall be not less than $100 nor more than
2039 $1,000, except that the civil penalty for commencement of land-disturbing activities
2040 without an approved plan shall be $1,000. Each day during which the violation is
2041 found to have existed shall constitute a separate offense. In no event shall a series of
2042 specified violations arising from the same operative set of facts result in civil
2043 penalties which exceed a total of $10,000, except that a series of violations arising
2044 from the commencement of land-disturbing activities without an approved plan for
2045 any site shall not result in civil penalties which exceed a total of $10,000. Any such
2046 civil penalties shall be in lieu of criminal sanctions and shall preclude the prosecution
2047 of such violation as a misdemeanor under Subsection A of §62.1-44.15:63.
2048
2049 3.The Administrator the owner or property which has sustained damage, or which is in
2050 imminent danger of being damaged, may apply to the Circuit Court of the County to
2051 enjoin a violation or a threatened violation of Va. Code §§ 62.1-44.15:34, 62.1-
2052 44.15:55, without the necessity of showing that an adequate remedy at law does not
2053 exist.
2054
2055 However, an owner of property shall not apply for injunctive relief unless (i) he has
2056 notified in writing the person who has violated the local program, and the program
2057 authority, that a violation of the local program has caused, or creates a probability of
2058 causing, damage to his property, and (ii) neither the person who has violated the local
2059 program nor the program authority has taken corrective action within fifteen days to
45
2060 eliminate the conditions which have caused, or create the probability of causing,
2061 damage to his property.
2062
2063 4.In addition to any criminal or civil penalties provided under this ordinance, any
2064 person who violates any provision of the Erosion and Sediment Control Law may be
2065 liable to the County in a civil action for damages.
2066
2067 5.Without limiting the remedies which may be obtained in this section, any person
2068 violating or failing, neglecting, or refusing to obey any injunction, mandamus or other
2069 remedy obtained pursuant to this section shall be subject, in the discretion of the
2070 court, to a civil penalty not to exceed $2,000 for each violation. A civil action for
2071 such violation or failure may be brought by the County.
2072
2073 Any civil penalties assessed by a court shall be paid into the treasury of the County,
2074 except that where the violator is the locality itself, or its agent, the court shall direct
2075 the penalty to be paid into the state treasury.
2076
2077 6.With the consent of any person who has violated or failed, neglected, or refused to
2078 obey any regulation or condition of a permit or any provision of this ordinance, or
2079 order of the VESCP authority the County may provide for the payment of civil
2080 charges for violations in specific sums, not to exceed the limit specified in this
2081 section. Such civil charges shall be instead of any appropriate civil penalty which
2082 could be imposed under this section.
2083
2084 7.The Commonwealth's Attorney shall, upon request of the County, take legal action to
2085 enforce the provisions of this chapter.
2086
2087 8.Compliance with the provisions of this ordinance shall be prima facie evidence in any
2088 legal or equitable proceeding for damages caused by erosion, siltation or
2089 sedimentation that all requirements of law have been met, and the complaining party
2090 must show negligence in order to recover any damages.
2091
2092 B.Stormwater.
2093
2094 2094 1.1.IfIfthe Administrator determines thatthe Administrator determines thatthere is a failure to comply with thethere is a failure to comply with thethere is a failure to comply
with the
2095 2095 conditions of this ordinance or determines there is an unauthorized discharge conditions of this ordinance or determines there is an unauthorized discharge or ifor if
2096 during inspections at any stage of the land-disturbing activity, the Administrator
2097 determines that the operator has failed to comply with the approved plan,
2098 including but not limited to failure to install or properly install stormwater BMPs
2099 or erosion and sediment controls, the Administratorshall serve a Notice to
2100 Comply upon the permittee or person responsible for carrying out the permit
2101 conditions as follows:
2102
2103 a)Certified mail return receipt requested sent to the address specified by
2104 the owner or permittee in his application or plan certification; or
2105
46
2106 b)Electronic mail to the address specified in the permit application; or
2107
2108 c)Delivery at the site of the activities to the agent or employee
2109 supervising such activities.
2110
2111 2.The notice shall specify the measures necessary to comply with the plan or
2112 agreement in lieu of a plan and shall specify the time within which such measures
2113 shall be completed.
2114
2115 3.Stop Work Order.
2116
2117 a)If a permittee fails to comply with a notice to comply issued in accordance
2118 with Subsection B (1) within the time specified, the Administrator may issue
2119 an order requiring the owner, permittee, or person responsible for carrying out
2120
2121 the permit has ceased or the specified corrective actions have been taken.
2122 Such orders shall become effective upon service on the person by certified
2123 mail, return receipt requested, sent to his address specified in the registration
2124 statement, by electronic mail to the address specified in the permit application,
2125 or by personal delivery by an agent of the VESMP authority or Department.
2126
2127 b)In addition to the cessation of all activities as described in Subsection B(3)(a)
2128 above, the permittee may also be subject to having the VESMP Authority
2129 permit revoked; and furthermore, he shall be deemed to be in violation of this
2130 ordinance and, upon conviction, shall be subject to the penalties as provided in
2131 the Code of Virginia or by this chapter.
2132
2133 c)Where the alleged noncompliance is causing or is in imminent danger of
2134 causing harmful erosion of lands or sediment deposition in surface waters
2135 within the watersheds of the state, or where the activities have commenced
2136 without an approved plan, agreement in lieu of a plan or any required permits,
2137 such an order may be issued without regard to whether the owner or permittee
2138 has been issued a notice to comply.
2139
2140 4.If, at any stage of the activity, the VESMP Authority determines that the physical
2141 conditions on the site are not as stated or shown on the approved erosion and
2142 sediment control plan or stormwater management plan, or the County determines
2143 that the storm drainage system or stormwater management facility is inadequate
2144 or not constructed as shown on the approved stormwater management final plan,
2145 the VESMP Authority may refuse to approve further work and the County may
2146 revoke existing permits or approvals until a revised stormwater management final
2147 plan has been submitted and approved.
2148
2149 5.Commencing activities without an approved plan or a permit.
2150
47
2151 a.If activities have commenced without an approved plan, agreement in lieu of a
2152 plan, or a VESMP Authority Permit where required, a stop-work order may be
2153 issued requiring that all activities be stopped until an approved plan, an
2154 agreement in lieu of a plan or any required permits are obtained.
2155
2156 b.The stop-work order shall remain in effect for a period of seven calendar days
2157 from the date of service pending application by the Administrator or alleged
2158 violator for appropriate relief to the Circuit Court of the jurisdiction wherein
2159 the violation is alleged to have occurred. If the alleged violator has not
2160 obtained an approved plan, agreement in lieu of a plan or any required permits
2161 within seven days from the date of service of the order, the Director may issue
2162 an order to the owner requiring that all construction and other work on the
2163 site, other than corrective measures, be stopped until an approved plan,
2164 agreement in lieu of a plan or any required permits have been obtained. The
2165 order shall be served upon the owner by registered or certified mail to the
2166 address specified in the permit application or the land records of the County or
2167 by electronic mail to the address specified in the permit application.
2168
2169 c.The owner may appeal the issuance of an order to the Circuit Court.
2170
2171 6.Maintenance of permanent stormwater facilities.
2172
2173 a.If during periodic inspections to ensure that stormwater management facilities
2174 are being adequately maintained as designed, the VESMP authority identifies
2175 operational deficiencies and/or determines that the owner of the stormwater
2176 management facility has failed to perform maintenance or conduct
2177 maintenance inspections in accordance with the recorded SWM BMP
2178 maintenance and inspection agreement, the VESMP Authority shall notify the
2179 person or organization responsible for carrying out the requirements of the
2180 agreement. The notice shall specify the deficiencies, the corrective actions
2181 required to restore the facility, and the time frame within which the corrective
2182 actions shall be completed.
2183
2184 b.If the individual or organization fails to comply with the notice within the
2185 time specified, the VESMP Authority may initiate informal and/or formal
2186 administrative enforcement procedures including but not limited to directives
2187 issued by the Board in accordance with §
2188 accordance with this chapter .
2189
2190 7.Any person violating or failing, neglecting, or refusing to obey any rule,
2191 regulation, ordinance, order, approved standard or specification, or any permit
2192 condition issued by the VESMP authority or any provisions of this chapter may
2193 be compelled in a proceeding instituted in any appropriate court by the VESMP
2194 authority to obey same and to comply therewith by injunction, mandamus, or
2195 other appropriate remedy. Nothing in this section shall prevent the VESMP
2196 authority from taking additional enforcement action permitted by state law.
48
2197
2198 8.Any person who violates any provision of this chapter or of any regulations or
2199 ordinances, or standards and specifications adopted or approved hereunder,
2200 including those adopted pursuant to a VESMP permit, or who fails, neglects, or
2201 refuses to comply with any order of the VESMP authority, the Department, the
2202 board, or court, shall be subject to a civil penalty not to exceed $32,500 for each
2203 violation within the discretion of the court. Each day of violation of each
2204 requirement shall constitute a separate offense.
2205
2206
2207 a.Violations for which a penalty may be imposed under this subsection shall
2208 include but not be limited to the following:
2209
2210 1)No permit registration;
2211
2212 2)No SWPPP;
2213
2214 3)Incomplete SWPPP;
2215
2216 4)SWPPP not available for review;
2217
2218 5)Failure to install stormwater BMP or erosion and sediment controls;
2219
2220 6)Stormwater BMPs improperly installed or maintained;
2221
2222 7)Operational deficiencies;
2223
2224 8)Failure to conduct required inspections;
2225
2226 9)Incomplete, improper, or missed inspections;
2227
2228 10)Discharges not in compliance with the requirements of the VESMP
2229 construction general permit; and
2230
2231 11)No approved erosion and sediment control plan.
2232
2233 b.The Administrator may issue a summons for collection of the civil penalty and
2234 the action may be prosecuted in the appropriate court.
2235
2236 c.In imposing a civil penalty pursuant to this subsection, the court may consider
2237 the degree of harm caused by the violation and the economic benefit to the
2238 violator from noncompliance.
2239
2240 d.Any civil penalties assessed by a court because of a summons issued by the
2241 County shall be paid into the treasury of the County to be used for the purpose
2242 of minimizing, preventing, managing, or mitigating pollution of the waters of
49
2243 the County and abating environmental pollution therein in such manner as the
2244 court may, by order, direct.
2245
2246 9.Notwithstanding any other civil or equitable remedy provided by this section, any
2247 person who willfully or negligently violates any provision of this chapter, any
2248 order of the County or the Department, any condition of a permit, or any order of
2249 a court shall be guilty of a misdemeanor punishable by confinement in jail for not
2250 more than 12 months and a fine of not less than $2,500 nor more than $32,500,
2251 either or both.
2252
2253 References:§ 62.1-44.15:37; :63; §62.1-44.15:64
2254
2255
2256 §143-230 Hearings
2257
2258 A.Any permit applicant, permittee, or person subject to the Frederick County land-
2259 disturbing permit, VESMP authority permit, or state permit requirements under this
2260 article aggrieved by any action of the Department of Public Works taken without a
2261 formal hearing, or by inaction of the Department of Public Works may demand in writing
2262 a formal hearing by the County Board of Supervisors, provided a petition requesting such
2263 hearing is filed with the Board of Supervisors within 30 days after notice of such action.
2264 Any hearings conducted by the Board of Supervisors shall be in accordance with §62.1-
2265 44.26 of the Code of Virginia. Hearings must be conducted by the Board of Supervisors
2266 at a regular or special meeting. In reviewing the agent’s actions, the County Board of
2267 Supervisors shall consider evidence and opinions, and the County Board of Supervisors
2268 may affirm, reverse or modify the action. Verbatim record of proceedings must be taken
2269 and filed with the County Board of Supervisors. The County Board of Supervisors
2270 decision shall be final, subject only to review by the Circuit Court of the County.
2271
2272 Reference: 9VAC25-875-160
2273
2274 §143-232 Appeals
2275
2276 A.Any permittee or party aggrieved by a state permit or enforcement decision of the
2277 Frederick County Public Works under this article, or any person who has participated, in
2278 person or by submittal of written comments, in the public comment process related to a
2279 final decision of the Department of Public Works or Board of Supervisors under this
2280 chapter, whether such decision is affirmative or negative, is entitled to judicial review
2281 thereof in accordance with the provisions of the Administrative Process Act (§2.2-4000 et
2282 seq.) if such person meets the standard for obtaining judicial review of a case or
2283 controversy pursuant to Article III of the Constitution of the United States. Final
2284 decisions shall be subject to review and appeal to the Circuit Court of the County,
2285 provided an appeal is filed within 30 days from the date of any written decision adversely
2286 affecting the rights, duties, or privileges of the person engaging in or proposing to engage
2287 in the land disturbance activity occurs or is proposed to occur. Unless otherwise provided
2288 by law, the Circuit Court shall conduct such review in accordance with the standards
50
2289 established in § 2.2-4027, and the decisions of the Circuit Court shall be subject to review
2290 by the Court of Appeals. A person shall be deemed to meet such standard if:
2291
2292 1)Such person has suffered an actual or imminent injury that is an
2293 invasion of a legally protected interest and that is concrete and
2294 particularized;
2295
2296 2)Such injury is traceable to the decision of the Department or the
2297 Board and not the result of the independent action of some third
2298 party not before the court; and
2299
2300 3)Such injury will likely be redressed by a favorable decision by the
2301 court.
2302 Reference: §62.1-44.15:46.
2303
2304 §143-235 Fees
2305
2306 A.The Board of Supervisors, by resolution, may establish a schedule of fees for the
2307 application, modification, transfer and maintenance of stormwater/erosion and sediment
2308 control permits and plans.
2309
2310 B.The fee for the Frederick County Permit and fees for coverage under the VESMP
2311 Authority Permit shall be imposed in accordance with Table 1. When a site or sites have
2312 been purchased for development within a previously permitted common plan of
2313 development or sale, the applicant shall be subject to fees in accordance with the
2314 disturbed acreage of their site or sites according to Table 1.
2315
2316 Reference: Part VIII of the VESMP Regulation
2317 Table 1: Fees for coverage under the VESMP Construction General Permit/ VESCP
Total Fee Paid Portion to be
Type of Permit
by Applicant Paidto
DEQ
VESCP permit fee (all land disturbing activities, excluding individual $500 +
N/A
$100/acre
single-familydwellings)
VESCP permit fee (land disturbing activities begun without permit, $1,500 +
N/A
excluding individual single-family dwellings) $200/acre
VESCP permit fee for single family detached/attached residential
$290 N/A
structures within or outside a common plan of development or sale
with land disturbance acreage less than five (5) acres)
VESCP permit fee (single family dwellings begun without permit) $580N/A
VESCP single family dwelling re-inspection fee $75 N/A
51
VESMP VESMP General/ Stormwater Management General/ Stormwater Management General/ Stormwater Management – Small Construction – Small Construction $450 $450 $135 $135
ActivityActivityActivity/ / Land Clearing (Areas within common plans of development or Land Clearing (Areas within common plans of development or Land Clearing (Areas within common plans
of development or
sale with land disturbance acreage less than one sale with land disturbance acreage less than one sale with land disturbance acreage less than one acre, except for acre, except for single
single
family detached residential structures)family detached residential structures)
VESMP
- -
Activity/Land Clearing (Sites or areas within common plans of
$4,100 $4,100
development or sale with land disturbance acreage equal to or greater
$1,230 $1,230
than 1 acre and less than 5 acres)
VESMPGeneral / Stormwater Management – Large Construction
Activity/Land Clearing (Sites or areas within common plans of
development or sale with land disturbance acreage equal to or greater
$5100 $5100 $1530 $1530
than 5 acres and less than 10 acres)
VESMPGeneral / Stormwater Management – Large Construction
Activity/Land Clearing (Sites or areas within common plans of
development or sale with land disturbance acreage equal to or greater
$6,800 $6,800 $2,040 $2,040
than 10 acres and less than 50 acres)
VESMPGeneral / Stormwater Management – Large Construction
Activity/Land Clearing (Sites or areas within common plans of
development or sale with land disturbance acreage equal to or greater
$9,100 $9,100 $2,730 $2,730
than 50 acres and less than 100 acres)
VESMPGeneral / Stormwater Management – Large Construction
Activity/Land Clearing (Sites or areas within common plans of
development or sale with land disturbance acreage equal to or greater
$14,300 $14,300 $4,290 $4,290
than 100 acres)
2318
2319 C.Fees for the modification or transfer of coverage under the VESMP construction general
2320 permit issued by the Administrator shall be imposed in accordance with Table 2. If the
2321 permit modifications result in changes to stormwater management plans that require
2322 additional review by the Administrator, such reviews shall be subject to the fees set out in
2323 Table 2 based on the total disturbed acreage of the site. Modifications resulting in an
2324 increase in total disturbed acreage shall pay the difference in the initial state permit fee
2325 paid and the state permit fee that would have applied for the total disturbed acreage in
2326 Table 1.
2327
2328 Table 2: Fees for the modification or transfer of registration statements for the VESMP
2329 Authority Permit for Discharges of Stormwater from Construction Activities
2330
Fee
Amount
Type of Permit
52
VESMP
Activity/Land Clearing (Areas within common plans of development or sale
with land disturbance acreage less than 1 acre, (also includes single-family
detached residential structures within or outside a common plan of
$30 $30
development or sale with land disturbance acreage less than 5 acres)
VESMP
Activity/Land Clearing (Sites or areas within common plans of development or
sale with land disturbance acreage equal to or greater than 1 acre and less than
$$
5 acres)
320 320
VESMPGeneral / Stormwater Management –Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or
sale with land disturbance acreage equal to or greater than 5 acres and less than
10 acres)
$400 $400
VESMPGeneral / Stormwater Management –Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or
sale with land disturbance acreage equal to or greater than 10 acres and less
than 50 acres)
$480 $480
VESMPGeneral / Stormwater Management –Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or
sale with land disturbance acreage equal to or greater than 50 acres and less than
100 acres)
$720 $720
VESMPGeneral / Stormwater Management –Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale with land
$1,120 $1,120
disturbance acreage equal to or greater than 100 acres)
2331
2332 D.Permit maintenance fees.(9VAC25-875-1420):
2333
2334 1.The following annual permit maintenance shall be imposed in accordance with
2335 Table 3, including fees imposed on expired permits that have been
2336 administratively continued. With respect to the VESMP authority permit, these
2337 fees shall apply until the permit coverage is terminated.
2338
2339 2.VESMP authority permit coverage maintenance fees shall be paid annually to
2340 the VESMP authority, by the anniversary date of VESMP authority general
2341 permit coverage, in accordance with Table 3. No VESMP authority permit will
2342 be reissued or automatically continued without payment of the required fee.
2343 VESMP authority permit coverage maintenance fees shall be applied until a
2344 notice of termination iseffective.
2345
2346
2347
2348
2349
2350
53
2351
2352
2353
2354
2355 Table 3: VESMP Authority Permit Maintenance Fees
2356
Fee
Amount
Type of Permit
VESMP
Activity/Land Clearing (Areas within common plans of development or sale
with land disturbance acreage less than 1 acre, also includes single family
detached residential structures within or outside a common plan of
$80 $80
development or sale with land disturbance acreage less than 5 acres.)
VESMP
Activity/Land Clearing (Sites or areas within common plans of development or
sale with land disturbance acreage equal to or greater than 1 acre and less than
5 acres)
$650 $650
VESMPGeneral / Stormwater Management –Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or
sale with land disturbance acreage equal to or greater than 5 acres and less than
10 acres)
$800 $800
VESMPGeneral / Stormwater Management –Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or
sale with land disturbance acreage equal to or greater than 10 acres and less
than 50 acres)
$1,050 $1,050
VESMPGeneral / Stormwater Management –Large Construction
Activity/Land Clearing (Sites or areas within common plans of development or
sale with land disturbance acreage equal to or greater than 50 acres and less than
100 acres)
$1,450 $1,450
VESMPGeneral / Stormwater Management –Large Construction Activity/Land
Clearing (Sites or areas within common plans of development or sale with land
disturbance acreage equal to or greater than 100 acres)
$2,250 $2,250
2357
2358 E.The fees set forth in Subsections A through C above shall apply to:
2359
2360 1.All persons seeking coverage under the VESMPAuthority Permit or VESCP
2361 permit if VESMP not required.
2362
2363 2.All permittees who request modifications to or transfers of their existing
2364 registration statement for coverage under a VESMP authority permit.
2365
2366 3.Persons whose coverage under the VESMP Authority Permit has been revoked
54
2367 shall reapply for an individual permit for discharges of stormwater from
2368 construction activities.
2369
2370 4.Permit and permit coverage maintenance fees outlined under Subsection C may
2371 apply to each VESMP Authority Permit holder.
2372
2373 F.No VESMP Authority Permit application fees will be assessed to Permittees whose
2374 permits are modified or amended at the initiative of the VESMP authority, excluding
2375 errors in the registration statement identified by the Director or errors related to the
2376 acreage of the site.
2377
2378 G.All incomplete VESMPpermit fee payments will be deemed as nonpayments, and the
2379 applicant shall be notified of any incomplete permit fee payments. Interest may be
2380
2381 the Code of Virginia and is calculated monthly at the applicable periodic rate. A 10%
2382 late payment fee shall be charged to any delinquent (over 90 days past due) account.
2383 The Administrator shall be entitled to all remedies available under the Code of Virginia
2384 in collecting any past due amount.
2385
2386 §143-240 Performance Bonds
2387
2388 A.Prior to the issuance of any permit, the owner or permittee shall execute and file with the
2389 Administrator a Frederick County monetary guaranty in such form as is in accordance
2390 with the monetary guaranty and performance agreement policy adopted by the Board and
2391 in an amount determined in accordance with the Frederick County bond estimate
2392 worksheet which shall be equal to the approximate total cost of providing erosion and
2393 sediment control and stormwater quality and quantity improvements as required by this
2394 chapter and shown on the approved plans in addition to a 25% contingency of the total
2395 bond amount.
2396
2397 B.The Frederick County erosion and sediment control and stormwater management
2398 performance agreementand monetary guaranty is to ensure that measures could be taken
2399 by the County at the applicant's expense should he fail, after proper notice as outlined in
2400 §143-225, within the time specified to initiate or maintain appropriate actions which may
2401 be required of him by the permit conditions because of his activity. If the
2402 County takes such action upon such failure by the applicant, the County may collect from
2403 the applicant for the difference should the amount of the reasonable cost of such action
2404 exceed the amount of the security held.
2405
2406 C.Upon successful completion of the land-disturbing activity, to include submittal of a
2407 Notice of Termination of the Construction General Permit, submittal of the construction
2408 §143-165
2409 and prior to termination of the VESMP Permit, the owner or permittee must provide
2410 written notification to the County in accordance with the bonding policy. Upon
2411 verification of adequate stabilization of land disturbing activity in the project or any
55
2412 section thereof, the Administrator shall take action upon the monetary guaranty and
2413 performance agreement in accordance with the bonding policy.
2414
2415 D.If the applicant/owner fails to comply with the approved SWPPP as documented through
2416 the site inspections described herein, and after proper notification, the Administrator may
2417 determine that the performance agreement is in default, and the monetary guaranty may
2418 be used to execute the plan.
2419
2420 Reference: 5-100
2421
2422
56
_________________ __________FREDERICK COUNTY - ANIMAL SHELTER
Christina Tasker
Shelter Manager
540/667-9192 ext. 2502
FAX 540/722-6108
E-mail: ctasker@fcva.us
MEMORANDUM
TO: Joe Wilder, Director of Public Works
FROM: Christina Tasker, Shelter Manager
SUBJECT:Pet Recreational Yards
DATE: 03/17/2026
________________________________________________________________________
This memorandum serves to request approval and funding for the installation of additional fencing at the
County Animal Shelter. Expanded and reinforced fencing will improve operational safety, enhance animal
welfare, and reduce liability risks associated with the daily handling and housing of animals within the facility.
The current fencing infrastructure was designed for a lower intake volume and different operational needs than
those experienced today. As animal intake and shelter operations have increased, outdoor areas are used more
frequently for animal movement, exercise, and temporary holding. Additional fencing would allow the shelter
to better manage these operational demands while maintaining safe and controlled environments.
Current Limitations
The current layout allows for a maximum of 4 dogs outside at any given time. The shelter’s existing fencing and
outdoor layout present several operational challenges:
Limited secure outdoor exercise space, restricting opportunities for safe enrichment and movement for
dogs.
Insufficient separation areas for animals with behavioral concerns, medical needs, or quarantine
requirements.
Operational bottlenecks when multiple animals must be moved or exercised but space cannot safely
accommodate them simultaneously.
Proposed Improvements
To address these limitations, the shelter proposes the installation of additional fencing to create safer and more
functional outdoor spaces, including:
Installation of an additional 450’ of 6-foot high 8 gauge 1 ¼ mesh black chain link fence with top
and bottom rail with ten 3’ wide x 6’ high single gates to expand secure containment areas, creating
ten 20’ x 30’ kennel runs with a dog house that meets Virginia shelter requirements in each run.
Creation of designated outdoor exercise yards for dogs to allow safe rotation and enrichment.
Construction of enclosed transfer corridors between kennel areas and outdoor runs to allow safe
movement of animals.
Operational and Safety Benefits
The addition of fencing would provide several operational and safety benefits, including:.
Reduced risk of animal escapes, particularly when transferring dogs between kennels, outdoor runs,
and exercise areas.
Better separation of animals based on behavior, species, or compatibility, reducing the likelihood of
fights or injury.
Enhanced disease control, allowing for physical separation of animals that are sick, under quarantine,
or undergoing observation.
Creation of secure outdoor exercise areas that allow dogs to receive enrichment and relief from
kennel confinement while remaining safely contained.
Greater operational efficiency by providing designated spaces for movement, cleaning rotations, and
animal care activities.
In addition to operational improvements, increased access to secure outdoor spaces directly supports animal
welfare. Regular exercise and enrichment opportunities help reduce stress in shelter animals, which can lead to
improved behavior and increased adoptability.
The approximate cost, including dog houses for each run, the fencing, posts, relocation of one 10’ double gate,
and concreting of posts is $50,000.00.
For these reasons, the installation of additional fencing represents practical and necessary infrastructure
improvement for the shelter. Approval of this request will support safe operations, protect County resources,
and improve the overall care and management of animals housed at the facility.
Attached are visual representations of what we currently have and what we are proposing.
Christina Tasker
Animal Shelter Manager
Current
Phase I
Phase II
Proposed doghouse:
MEMORANDUM
TO: Public Works Committee
FROM: Joe C. Wilder, Director of Public Works
SUBJECT: Monthly Tonnage Report - Fiscal Year 24/25
DATE: March 16, 2026
The following table shows the tonnage for the current fiscal year. The average monthly tonnage for fiscal years 05/06
through 24/25 is also listed below:
FY 05-06: AVERAGE PER MONTH: 17,785 TONS (UP 756 TONS)
FY 06-07: AVERAGE PER MONTH: 16,705 TONS (DOWN 1,080 TONS)
FY 07-08: AVERAGE PER MONTH: 13,904 TONS (DOWN 2,801 TONS)
FY 08-09: AVERAGE PER MONTH: 13,316 TONS (DOWN 588 TONS)
FY 09-10: AVERAGE PER MONTH: 12,219 TONS (DOWN 1,097 TONS)
FY 10-11: AVERAGE PER MONTH: 12,184 TONS (DOWN 35 TONS)
FY 11-12: AVERAGE PER MONTH: 12,013 TONS (DOWN 171 TONS)
FY 12-13: AVERAGE PER MONTH: 12,065 TONS (UP 52 TONS)
FY 13-14: AVERAGE PER MONTH: 12,468 TONS (UP 403 TONS)
FY 14-15: AVERAGE PER MONTH: 13,133 TONS (UP 665 TONS)
FY 15-16: AVERAGE PER MONTH: 13,984 TONS (UP 851 TONS)
FY 16-17: AVERAGE PER MONTH: 14,507 TONS (UP 523 TONS)
FY 17-18: AVERAGE PER MONTH: 15,745 TONS (UP 1,238 TONS)
FY 18-19: AVERAGE PER MONTH: 16,594 TONS (UP 849 TONS)
FY 19-20: AVERAGE PER MONTH: 16,973 TONS (UP 379 TONS)
FY 20-21: AVERAGE PER MONTH: 16,803 TONS (DOWN 170 TONS)
FY 21-22: AVERAGE PER MONTH: 17,553 TONS (UP 750 TONS)
FY 22-23: AVERAGE PER MONTH: 17,954 TONS (UP 401 TONS)
FY 23-24: AVERAGE PER MONTH: 17,776 TONS (DOWN 178 TONS)
FY 24-25: AVERAGE PER MONTH: 17,888 TONS (UP 112 TONS)
FY 25-26: AVERAGE PER MONTH: 17,732 TONS (DOWN 167 TONS)
MONTH FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26
JULY 17,677 17,893 17,250 22,732 19,050 21,274
AUGUST 16,517 21,437 20,877 18,527 19,442 20,265
SEPTEMBER 16,789 19,306 19,195 16,935 17,286 19,268
OCTOBER 20,127 18,215 19,273 18,442 21,317 22,897
NOVEMBER 15,432 16,927 16,546 16,814 15,998 15,168
DECEMBER 15,496 16,391 15,294 15,520 16,932 15,695
JANUARY 14,480 12,932 16,583 14,467 14,127 14,189
FEBRUARY 12,030 14,622 16,488 15,828 13,899 13,015
MARCH 18,758 18,167 17,987 18,112 17,696
APRIL 18,627 16,952 16,744 18,151 20,632
MAY 17,105 18,054 20,124 19,078 19,133
JUNE 18,594 19,737 19,081 18,707 19,143
JCW/gmp
RECYCLING REPORT FY 25/26
MONTHGLASSPLASTAL CANSSTEELCANSPAPEROCCSHOES/TEXELECSCRAPTOTAL
JUL 78,72026,82012,08048,100126,4004,39425,720285,780608,014
AUG 022,7207,76035,22011,3605,92027,280273,940384,200
SEP 25,64021,82011,24026,060110,0404,990231,980431,770
OCT 12,52025,44012,88041,520108,1606,12029,680236,680473,000
NOV 12,68022,0605,62027,160102,4003,86024,909219,280417,969
DEC 24,32025,16016,20038,260156,7003,26026,060171,200461,160
JAN 26,80023,0209,66028,080233,020300159,200480,080
FEB 21,92015,32031,660102,3801,30029,34091,440293,360
MAR 0
APR 0
MAY 0
JUN 0
TOTAL 180,680188,96090,760276,060950,46030,144162,9891,669,5003,549,553
FY 24-25 180,000277,9200140,520412,0001,341,600112,170226,6682,688,9405,379,818
FY 23-24 215,320278,060252,480493,6601,287,46256,900259,5952,823,6425,667,119
FY 22-23 137,600283,500139,760448,2201,288,90450,720342,2172,593,9685,284,889
FY 20-21 283,3000154,330717,1201,540,68245,620362,6003,123,2616,226,913
FY 19-20 454,85937,370108,974854,3501,174,53055,100391,9003,209,4006,286,483
FY 18-19 0430,96347,08296,494998,8151,243,23283,104467,7202,909,8576,277,267
FY 17-18 0465,08053,22494,5301,066,3001,080,08737,260536,4202,874,7096,207,610
FY 16-17 372,600430,43541,00289,9761,082,7371,009,15337,220495,5002,687,2416,245,864
FY 15-16 919,540428,30052,07797,2521,275,060974,49348,820480,4002,376,3446,652,286
FY 14-15 895,600407,70340,06097,5151,272,660893,38049,440532,2831,890,7296,079,370
FY 13-14 904,780417,09039,39999,1771,281,105902,70137,800611,5801,639,2255,932,937
FY 12-13 913,530410,33845,086102,8751,508,029878,45039,700502,6801,321,9385,722,626
FY 11-12 865,380398,32043,88499,8461,492,826840,71737,920484,6001,432,6785,696,171
FY 10-11 949,185378,45242,12098,4741,404,806824,87341,700467,9201,220,1075,427,637
FY 09-10 1,123,671370,38642,84496,6661,235,624671,66921,160435,6801,348,3985,346,098
FY 08-09 762,810322,92823,47355,2461,708,302564,95728,780404,7601,097,1514,968,407
FY 07-08 794,932284,22015,78340,5441,971,883545,6920498,1101,172,8805,324,044
FY 06-07 600,464200,72011,83429,2851,684,711441,3210382,574550,0703,900,979
FY 05-06 558,367190,61112,47828,5261,523,162381,469204,2202,898,833
FY 04-05 549,527193,22411,41527,5251,552,111273,70725,0802,632,589
FY 03-04 541,896174,25611,43731,1121,443,461156,870336,2302,695,262
FY 02-03 413,627146,7709,84023,1481,381,19562,840171,6802,209,100
FY 01-02 450,280181,04010,56525,5531,401,20654,06158,1402,180,845
FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2024-20252025-2026
DOG REPORT
ON HAND ATRECEIVEDBROUGHT INBITEBORN ATDIED ATESCAPED/CARRIED OVER
MONTHFIRST OF MONTHAT KENNELBY ACOCASESKENNELADOPTEDRECLAIMEDDISPOSEDKENNELSTOLENNEXT MONTH
JULY762041101735110075
AUG75142620281860065
SEP65162620172230067
OCT673228001830260053
NOV53152540123180046
DEC46151800231170038
JAN38212910181860047
FEB471521572718101039
MAR
APR
MAY
JUN
TOTAL 4671482141571601837710430
In the month of Feb 95 dogs in and out of kennel. 6 dogs transferred to other agencies.
FREDERICK COUNTY ESTHER BOYD ANIMAL SHELTER FY 2025-2026
CAT REPORT
ON HAND ATRECEIVEDBROUGHT INBITEBORN ATDIED ATESCAPED/CARRIED TO
MONTHFIRST OF MONTHAT KENNELBY ACOCASESKENNELADOPTEDRECLAIMEDDISPOSEDKENNELSTOLENNEXT MONTH
JULY824091101722100102
AUG102344152611340102
SEP10230430231940102
OCT10242710452182085
NOV8527400230161076
DEC761530032070055
JAN5547300261241053
FEB531640039350026
MAR
APR
MAY
JUN
TOTAL 6572513861523110113120601
In the month of Feb 73 cats in and out of shelter. 2 cats transferred to other agencies.
Shawneeland Sanitary District Advisory Committee (SSDAC)
nd
Minutes of February 2, 2026
The meeting was called to order at 7:00 p.m.
In Attendance
Kevin Alderman Sanitary District Manager
JoeWilder - Director of Public Works
Gary Bailey SSDAC member
Ken Baker SSDAC member
Jason Croasdale SSDAC member
Micah Jacobs SSDAC chairman
Rhonda Sargent SSDAC member
Al Orndoff Board of Supervisors Back Creek District
Discussions
th
Jason moved to approve the November 17, 2025, meeting minutes, seconded by Gary, and
unanimously approved by the committee.
(Attachment 1) was read by Kevin Alderman.
Micah made a motion not to hold the Shawneeland-sponsored spring yard since Patricia Boese
is sponsoring the Shawneeland Trail Crawl. It was seconded by Rhonda and unanimously
approved by the committee.
A landowner requested via email to add streetlights and reflectors to Shawneeland. Micah
made a motion not to install streetlights due to the capital investment and ongoing variable costs
to Shawneeland. Reflectors can be added by Shawneeland Maintenance as needed. Seconded
by Gary and unanimously approved by the committee
Jason made a motion to set up a subcommittee to investigate potential solutions to Lake
Cherokee still leaking after the last fix. It was seconded by Gary with approval votes by Jason,
Gary, and Micah. Rhonda and Ken abstained. Micah will provide a cost timeline of previous
fixes to the committee members.
Residents attending the meeting: 3
Public Comments:
none
Micah moved to adjourn the meeting, seconded by Rhonda, and unanimously approved by the
committee.
Member Term End
Micah Jacobs 11/9/2026
Jason Croasdale 2/28/2027
Gary Bailey 8/9/2027
Kenneth Baker 10/25/2027
Rhonda Sargent 1/10/2028
FREDERICK COUNTY SANITARY DISTRICT OF SHAWNEELAND
FEBRUARY 2026
Snow Events:
The Shawneeland staff had a couple of small snow events to deal with earlier in the winter. The most
recent event was a little more significant. The snow topped with sleet and extremely cold temperatures
presented a challenge for the plow drivers. Lots of long hours and determination from the dedicated staff
made all the difference. Overall, everything went very well with just a few breakdowns of the equipment.
I want to thank the citizens for staying off the roads during the storm. This goes a long way in allowing
the plow drivers to keep up with conditions.
Shoulder Repair:
The staff have been repairing low shoulders throughout Shawneeland. Approximately 10 lane miles
have been repaired. This process will continue when the weather is favorable.
Pipe Replacement:
s over the last 2 months. This process will
continue this spring.
Asphalt Patching:
Asphalt patching will begin in the month of April. We will be repairing all spots that are damaged
ahead of the Tar-Chip program. Then we will begin Motor Grader Patching trails throughout Shawneeland
over the summer months.
Tree Removal:
Staff began cutting dead and dying trees in January. This process will continue until the current tree
list is complete.
Fishing Derby:
The trout for the fishing derby will be ordered within the next couple of weeks. I am going to order the
same amount of trout that has been ordered over the past few years.
Cherokee Lake:
Tax Map No.:5:B133G WO# ____________________________________3565::8
Consideration:$1.00
Prepared by:Jacob T. Penrod, Attorney/VSB#65819Return to:SVEC, Regional Office
4574WbmmfzQjlf-
Hoover Penrod PLC
Xjodiftufs-WB33713
342 S Main St, Harrisonburg VA 22801
UTILITY SERVICESEASEMENT
THIS DEED OF EASEMENT, made thisday of,20,between
DPVOUZPGGSFEFSJDL-WJSHJOJB
Grantor,
whetheroneormore,andSHENANDOAHVALLEYELECTRICCOOPERATIVE,aVirginiautilityconsumerservices
cooperative,Grantee.
WIT N E S SE T H:
Thatforgoodandvaluableconsideration,thereceipt whereof isherebyacknowledged,Grantorgrantsunto
Grantee,itssuccessorsandassigns,the right, privilege,andeasement to construct,extendforfuturerequirementsof Grantor
orothersandontootherproperties,operate,andmaintainoverheadandundergroundelectricandotherutility service lines,
communicationinfrastructure,facilities,conduitsandothercables with accessories and appurtenancesfor transmitting and
distributingelectricpower,otherutilityservices,broadbandandothercommunicationservices,anddata delivery andreceipt
25:/39
services,over, under, through,upon,aboveandacrossthelandsofGrantorcontainingacres,moreorless,
Xjodiftufs
identifiedbyTaxMap No. withinornearthecity/town/communityo
5:B133G
CBDLDSFFL
in Gsfefsjdl County,Virginia,withinMagisterialDistrict,thecenterlineof such
easementshallbelocatedandfixedwherethelines,conduitsandcables are actuallyconstructed.Intheevent a plator
sketchisattachedhereto,suchdocument is for referencepurposes only, isintendedtoprovideonlytheapproximate location
oftheinstalledfacilitiesand,unlesssuchplatorsketchclearlyindicatesotherwise,it has not been surveyedandis not to
scale.Granteeshallhavetheright to license,permit,orotherwiseagreetothejointuseoroccupancyofany overhead space
ortrenchandrelatedundergroundfacilities,byanyotherperson,association,orcorporation.
cable,coaxialcable,smallcell base stations,andrelatedfacilities and equipment for
broadband,othercommunicationservices,datadeliveryandreceiptservices,andtheright to grant rights in, lease, license,or
permit the useofsuchinfrastructuretoorfromthirdpartiesforthe same orsimilarpurposes.
Thefacilities erected hereundershallremainthepropertyofGrantee,removableattheoptionofGrantee.Grantee
shallhavetheright to inspect,rebuild,remove,repair,improveand relocateontheeasementherein described,includingbut
not limitedtotheairspaceabovethepropertycontrolledbyGrantor,andmakesuchchanges,alterations,substitutions,
additionstoorextensionsofitsfacilities as Granteemayfromtimetotimedeemadvisable,includingbutnot limited tothe
right to increaseordecreasethenumberofwires,conduits,cables,anchors,handholes,connectionboxes,transformers,
transformerenclosures,andcommunicationinfrastructureequipment.
Forthepurposeofexercisingitsrightshereunder,Granteefurthershallhavetheright ofaccesstotheeasement
overthelandsadjacent to theeasement orlyingbetweenpublicorprivateroadsandtheeasement,insuchmanneras shall
occasiontheleast practicabledamageandinconveniencetoGrantor.
Granteeshallrepairdamageitcauses to roadswhichwouldnot havebeensimilarlydamagedbyGrantoror
Grantor'scontractorsduringanyconstructionprojectonlandsservedbythelineorsystem.Granteeshallrepairdamageit
causes to fencesorotherimprovementsandshallpayGrantorforanyotherdamageit causes in theexercise ofitsrights
hereunder,includingitsrightofaccess; providedGrantorgives writtennoticethereoftoGranteewithinthirtydaysafterany
damageoccurs.
Grantee shall have the right to cut, trim, and control the growth, by machinery, herbicide,or otherwise, of trees,
26
limbs, undergrowth,shrubberyor other vegetationlocated withinfeet of the center line of any overhead facilities
8/6
within said easementand withinfeetof the center line of any underground facilities within said easement, or that
may interfere with or threaten to endanger the operation and maintenance of theworks constructed or services rendered
pursuant to this easement, including the right to cut danger trees or hazard trees, as defined by Grantee, outside the
1
easement. All trees and limbs cut by Grantee at any time shall remain the property of Grantor.Grantor covenants that it
will keep the easement clear of all buildings, structures, or other obstructions.
Subject to any prescriptive easement of Grantee upon the lands of Grantor,Grantor covenants that it is seizedof
and has the right to convey the said easement, rights and privileges; that Grantee shall have quiet and peaceable possession,
use and enjoyment of the aforesaid easement, rights and privileges;and that Grantor shall execute such further assurances
thereof as may be required.This is an easement in gross; the rights granted to Grantee herein are exclusive rights;and all
rightsgranted herein, including but not limited to rights with respect to communicationinfrastructureand rights of access to
accomplish the purposes of this easement, may be separated from any other such rights, and apportionedfor any useby
Grantee, its successors and assigns to third parties,whether by grant and assignment or by lease, provided that the third
party is a broadband or other communicationservice provider, including a public utility as defined in Va. Code §56-265.1,
a cable operator as defined in Va. Code §15.2-2108.1:1, a local exchange carrier, competitive or incumbent, or a subsidiary
or affiliate of any such entity.Nothing contained herein shall constitute a waiver or relinquishment ofprescriptive
easementrights of Grantee arising by virtue of prior use by Grantee or its predecessor in interest of any of the rights granted
herein§55.1-306.1.The
individual(s) executing this Deed ofEasement expressly covenant that no persons or entities have an interest in the property
subject to the rights granted herein, other than themselves and any applicable corporation, limited liability company, trust,
hich they have lawful authority to bind to the terms hereof and do so hereby, and
agree to indemnify Grantee for any loss arising from the breach of this covenant.This covenant shall not apply to any lien
upon such property arising from a mortgage, deed of trust, judgment, or tax obligation, or with respect to any leasehold
rights in the property.
NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service
corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the
extent that any of the rights being conveyedare not subject to eminent domain, you have the right to choose not to
convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any
rights that you are voluntarily conveying.
WITNESS the following signatures and seals.
(SEAL)(SEAL)
(SEAL)(SEAL)
STATE OF_______________________________
CITY/COUNTY OF __________________________________,to-wit:
The foregoing instrument was acknowledged before me this day of ,20,
by
,Grantor(s).
My commission expires:
.
Notary Registration No: .
(
Notary Public
2
Frederick County Animal Shelter
Enhancement ideas
What do we do?
•FCAS cares for the unwanted pets of Frederick County, VA. This
includes owner surrenders from FC residents, stray dogs found
within county limits, sick or injured stray cats within county limits,
court cases, and quarantines.
•Provides food, water, shelter, and vet care if needed, to all animals in our
custody.
•Provide enrichment, supporting mental health as well as physical health
•Our goal is to find homes for the adoptable animals that come into our
custody.
Animal Friendly “couches”
•Easily sanitized
•When placed in the cat rooms
and visitation rooms, creates a
more welcoming and friendly
atmosphere as well as
provides seating
•Provides a more “home-like”
atmosphere for the animals
Camera system
•This is the current views we
have of the building. Outside,
there is currently only a partial
view of the back sally-port, and
a partial view of the side
parking lot.
•An upgrade
•would provide more views, with
better quality
•Enhanced security for staff and
animals
Window insulation/film
•Wind can be felt coming
through the windows in the cat
rooms, making those rooms
colder in the winter.
•The sun streaming through the
dog rooms makes those rooms
warmer in the summer.
•The sun glare obscures the
cameras in the stray-hold and
isolation rooms.
Microchip Scanning Stations
•Microchip Scanning Stations where citizens can utilize the
scanner and follow instructions on how to contact owner
information-
Community Programs:
Currently, FCAS does not have any community programs. That is
going to change.
Frederick County Pet Pantry
Requirements &
AccessibilityItems available
Limits
•Scheduled time •Frederick County •Wet/dry dog and
of day for Resident (with ID)cat food
accessing.
•Dry Food limited •Bowls
•annual budget. to 1 bag per type
•Litter
•1 visit per person,
•Leashes
per week
•Collars
•Harnesses
Humane Education Workshops
Humane Pet related
Quarterly
educationactivities
•Once per quarter •Pet related •Making
to starteducational emergency “Go-
topics-with guest bags”
speakers related
•Making slip leads
to the topic.
“Kids Club”-the kid’s version of humane
education workshops
Kid-friendly Kid-friendly
Quarterly
educationactivities
•Once per •Kid-•Painting rocks
quarter to friendly/age-
•Crocheting
startappropriate
cat beds
educational
•Making cat
topics
toys