[HISTORY: Adopted by the City Council of
the City of Galax 6-9-2014. Amendments noted where applicable.]
A.
The purpose of this chapter is to ensure the general health, safety,
and welfare of the citizens of the City of Galax and protect the quality
and quantity of state waters from the potential harm of unmanaged
stormwater, including protection from a land-disturbing activity causing
unreasonable degradation of properties, water quality, stream channels,
and other natural resources, and to establish procedures whereby stormwater
requirements related to water quality and quantity shall be administered
and enforced.
B.
This chapter is adopted pursuant to § 62.1-44.15:24 et
seq. of the Code of Virginia and by the provisions of § 15.2-2114,
Code of Virginia, as amended, to establish a utility to support stormwater
management activities consistent with the Virginia Stormwater Management
Act, § 62.1-44.15:24 et seq., Code of Virginia, as amended,
and other state and federal stormwater regulations.
In addition to the definitions set forth in § 9 VAC
25-870-10 of the Virginia Stormwater Management Regulations, as amended,
which are expressly adopted and incorporated herein by reference,
the following words and terms used in this chapter have the following
meanings unless otherwise specified herein. Where definitions differ,
those incorporated herein shall have precedence.
The City of Galax Administrative Guidance Manual, which is
a documentation of policies and procedures for documentation and calculations
verifying compliance with the water quality and quantity requirements,
review and approval of stormwater pollution prevention plans and stormwater
management plans, site inspections, obtaining and releasing bonds,
reporting and recordkeeping, and compliance strategies for reviews,
enforcement, and long-term maintenance and inspection programs.
The VSMP authority, including the City of Galax Engineering
Department.
A contract between the VSMP authority and the owner or permittee
that specifies methods that shall be implemented to comply with the
requirements of a VSMP for the construction of a single-family residence;
such contract may be executed by the VSMP authority in lieu of a stormwater
management plan.
Any person submitting an application for a permit or requesting
issuance of a permit under this chapter.
Schedules of activities, prohibitions of practices, including
both structural and nonstructural practices, maintenance procedures,
and other management practices to prevent or reduce the pollution
of surface waters and groundwater systems from the impacts of land-disturbing
activities.
The federal Clean Water Act (33 U.S.C § 1251 et
seq.), formerly referred to as the Federal Water Pollution Control
Act or Federal Water Pollution Control Act Amendments of 1972, Public
Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public
Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
A contiguous area where separate and distinct construction
activities may be taking place at different times on different schedules.
For the purpose of this chapter, the term shall not include individual
lots within existing residential, commercial or industrial site plans
and subdivision plans that were platted prior to July 1, 2004, and
which are considered separate land-disturbing activities.
Any best management practice or stormwater facility, or other
method used to minimize the discharge of pollutants to state waters.
The Department of Environmental Quality.
Real property that has been altered from its natural state
by the addition of any improvements such as buildings, structures
and other impervious surfaces. For new construction, property shall
be considered developed pursuant to this section upon issuance of
the certificate of occupancy (CO), temporary CO or equivalent.
Land disturbance and the resulting landform associated with
the construction of residential, commercial, industrial, institutional,
recreation, transportation or utility facilities or structures or
the clearing of land for nonagricultural or nonsilvicultural purposes.
The Director of the Department of Environmental Quality.
The state permit titled "General Permit for Discharges of
Stormwater From Construction Activities" found in Part XIV (§ 9
VAC 25-880-1 et seq.) of the Regulations authorizing a category of
discharges under the CWA and the Act within a geographical area of
the Commonwealth of Virginia.
A man-made surface composed of any material that significantly
impedes or prevents natural infiltration of water into soil. Impervious
cover includes, but is not limited to, roofs, buildings, concrete,
asphalt, gravel surfaces that are or may become compacted, or managed
or artificial turf athletic fields that have an underdrain system.
An impervious surface includes that portion of the land surface covered
by an elevated structure, such as a bridge or deck, regardless of
whether the land surface itself remains pervious or impervious.
A man-made change to the land surface that potentially changes its runoff characteristics, including clearing, grading, or excavation, except that the term shall not include those exemptions specified in § 125-3B of this chapter.
A conceptual drawing sufficient to provide for the specified
stormwater management facilities required at the time of approval.
An amendment to an existing general permit before its expiration
not requiring extensive review and evaluation, including, but not
limited to, changes in EPA-promulgated test protocols, increasing
monitoring frequency requirements, changes in sampling locations,
and changes to compliance dates within the overall compliance schedules.
A minor general permit modification or amendment does not substantially
alter general permit conditions, substantially increase or decrease
the amount of surface water impacts, increase the size of the operation,
or reduce the capacity of the facility to protect human health or
the environment.
A tax parcel with three or more residential units or classified
as a nonresidential use and/or zoning.
The owner or operator of any facility or activity subject
to regulation under this chapter.
An approval to conduct a land-disturbing activity issued
by the Administrator for the initiation of a land-disturbing activity,
in accordance with this chapter, and which may only be issued after
evidence of general permit coverage, if such statement is required,
has been provided by the Department.
The person to whom the VSMP authority permit is issued.
Any individual, corporation, partnership, association, state,
municipality, commission, or political subdivision of a state, governmental
body, including federal, state, or local entity as applicable, any
interstate body or any other legal entity.
The Virginia Stormwater Management Program (VSMP) Permit
Regulations, § 9 VAC 25-870, as amended.
A tax parcel with up to two residential units; no other land
use is permitted.
The land or water area where any facility or land-disturbing
activity is physically located or conducted, including adjacent land
used or preserved in connection with the facility or land-disturbing
activity.
The Commonwealth of Virginia.
The State Water Control Board.
An approval to conduct a land-disturbing activity issued
by the State Board in the form of a state stormwater individual permit
or coverage issued under a state general permit, if such permit is
required, or an approval issued by the State Board for stormwater
discharges from an MS4. Under these state permits, the commonwealth
imposes and enforces requirements pursuant to the federal Clean Water
Act and regulations, the Virginia Stormwater Management Act and the
Regulations.
Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1
of the Code of Virginia.
All water, on the surface and under the ground, wholly or
partially within or bordering the commonwealth or within its jurisdiction,
including wetlands.
Precipitation that is discharged across the land surface
or through conveyances to one or more waterways and that may include
stormwater runoff, snow melt runoff, and surface runoff and drainage.
A document(s) containing material describing methods for complying with the requirements of § 125-6 of this chapter.
A document that is prepared in accordance with good engineering
practices and that identifies potential sources of pollutants that
may reasonably be expected to affect the quality of stormwater discharges
from the construction site, and otherwise meets the requirements of
this chapter. In addition the document shall identify and require
the implementation of control measures, and shall include, but not
be limited to, the inclusion of, or the incorporation by reference
of, an approved erosion and sediment control plan, an approved stormwater
management plan, and a pollution prevention plan.
The same meaning as defined in § 130-4 of the City of Galax Subdivision Ordinance.
The sum of the individual wasteload allocations for point
sources, load allocations for nonpoint sources, natural background
loading and a margin of safety. TMDLs can be expressed in terms of
either mass per time, toxicity, or other appropriate measure.
A website that contains detailed design standards and specifications
for control measures that may be used in Virginia to comply with the
requirements of the Virginia Stormwater Management Act and associated
regulations.
Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter
3.1 of Title 62.1 of the Code of Virginia.
The City of Galax.
The program established by the City to manage the quality
and quantity of runoff resulting from land-disturbing activities in
accordance with state law, and which has been approved by the State
Board.
[Amended 1-13-2020]
A.
Except as provided herein, no person may engage in any land-disturbing
activity until a VSMP authority permit has been issued by the Administrator
in accordance with the provisions of this chapter.
B.
Notwithstanding any other provisions of this chapter, the following
activities are exempt, unless otherwise required by federal law:
(1)
Permitted surface or deep mining operations and projects, or oil
and gas operations and projects conducted under the provisions of
Title 45.1 of the Code of Virginia;
(2)
Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the State Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to haryesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia;
(3)
Single-family residences separately built and disturbing less than
one acre and not part of a larger common plan of development or sale,
including additions or modifications to existing single-family detached
residential structures;
(4)
Land-disturbing activities that disturb less than one acre of land.
When land-disturbing activities are part of a larger common plan of
development or sale, the total disturbed area will be considered in
determining whether the activities disturb less than one acre of land;
(5)
Discharges to a sanitary sewer;
(6)
Activities under a state or federal reclamation program to return
an abandoned property to an agricultural or open land use;
(7)
Routine maintenance that is performed to maintain the original line
and grade, hydraulic capacity, or original construction of the project.
The paving of an existing road with a compacted or impervious surface
and reestablishment of existing associated ditches and shoulders shall
be deemed routine maintenance if performed in accordance with this
subsection; and
(8)
Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the Administrator shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of Subsection A of § 62.1-44.15:34C is required within 30 days of commencing the land-disturbing activity.
A.
Pursuant to § 62.1-44.15:27 of the Code of Virginia, the City of Galax hereby establishes a stormwater management program for land-disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in § 125-1 of this chapter. The City of Galax hereby designates the City of Galax Engineering Department as the Administrator of the Virginia Stormwater Management Program.
B.
No VSMP authority permit shall be issued by the Administrator, until
the following items have been submitted to and approved by the Administrator
as prescribed herein:
(1)
A permit application that includes a general permit registration
statement, if such statement is required;
C.
No VSMP authority permit shall be issued until evidence of general
permit coverage is obtained, if such permit is required.
E.
No VSMP authority permit shall be issued unless and until the permit
application and attendant materials and supporting documentation demonstrate
that all land clearing, construction, disturbance, land development
and drainage will be done according to the approved permit.
F.
No grading, building of other local permit shall be issued for a
property unless a VSMP authority permit has been issued by the Administrator,
and the applicant provides a certification that all land clearing,
construction, disturbance, land development and drainage will be done
according to the approved permit conditions.
G.
As a condition of VSMP authority permit approval, a construction record drawing for permanent stormwater management facilities shall be submitted to the Administrator upon completion of construction. The construction record drawing shall be appropriately sealed and signed by a professional engineer, architect, surveyor, or landscape architect registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. Construction record drawings may not be required for stormwater management facilities for which maintenance agreements are not required pursuant to § 125-10B.
H.
Notwithstanding the foregoing requirements or any other requirements of this chapter, for construction activity involving a single-family detached residential structure, within or outside a common plan of development or sale, no general permit registration statement is required nor is payment of the Department portion of the permit fee, provided that all other state regulatory requirements are met. The land disturbing remains subject to the remaining provisions of this chapter, including but not limited to the SWPPP requirements set forth in §§ 125-5 and 125-9, except as otherwise provided by law.
A.
The stormwater pollution prevention plan (SWPPP) shall include the
content specified by §§ 9 VAC 25-870-54, § 9
VAC 25-880-70, and any other applicable regulations including, but
not limited to:
B.
The SWPPP shall be amended by the operator whenever there is a change
in design, construction, operation, or maintenance that has a significant
effect on the discharge of pollutants to state waters which is not
addressed by the existing SWPPP. The SWPPP shall also be amended by
the operator, if an inspection reveals that the SWPPP is inadequate
to satisfy applicable regulations. All amendments must be approved
by the Administrator, as required. The SWPPP must be maintained by
the operator at a central location on-site for use by those identified
as having responsibilities under the SWPPP whenever they are on the
construction site. If an on-site location is unavailable to store
the SWPPP when no personnel are present, notice of the SWPPP's location
must be posted near the main entrance of the construction site. The
SWPPP must be made available for public review in an electronic format
or in hard copy as required by the Regulations.
A.
The stormwater management plan required in § 125-4B(3) of this chapter must apply the stormwater management technical criteria set forth in § 125-8 of this chapter to the entire land-disturbing activity. Individual lots in new residential, commercial or industrial developments shall not be considered separate land-disturbing activities. A stormwater management plan shall include the following information and must consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff:
(1)
Information on the type and location of stormwater discharges; information
on the features to which stormwater is being discharged, including
surface waters or karst features, if present, and the predevelopment
and post-development drainage areas;
(2)
Contact information, including the name, address, and telephone number
of the owner and the tax reference number and parcel number of the
property or properties affected;
(3)
A narrative that includes a description of current site conditions
and final site conditions;
(4)
A general description of the proposed stormwater management facilities
and the mechanism through which the facilities will be operated and
maintained after construction is complete and a note that states the
stormwater management meets the requirements set forth in the VSMP
permit regulations (§ 9 VAC 25-870-55) and the Administrative
Guidance Manual;
(6)
Hydrologic and hydraulic computations, including runoff characteristics;
(7)
Documentation and calculations verifying compliance with the water quality and quantity requirements of § 125-9 of this chapter and the Administrative Guidance Manual.
(8)
A map or maps of the site that depicts the topography of the site
and includes:
(a)
Contributing drainage areas;
(b)
Existing streams, ponds, culverts, ditches, wetlands, other
water bodies, and floodplains;
(c)
Soil types, geologic formations if karst features are present
in the area, forest cover, and other vegetative areas;
(d)
Current land use, including existing structures, roads, and
locations of known utilities and easements;
(e)
Sufficient information on adjoining parcels to assess the impacts
of stormwater from the site on these parcels;
(f)
The limits of clearing and grading, and the proposed drainage
patterns on the site;
(g)
Proposed buildings, roads, parking areas, utilities, and stormwater
management facilities; and
(h)
Proposed land use with tabulation of the percentage of surface
area to be adapted to various uses, including but not limited to planned
locations of utilities, roads, and easements.
B.
If an operator intends to meet the water quality and/or quantity requirements set forth in § 125-9 of this chapter through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity except as otherwise allowed by § 62.1-44.15:35 of the Code of Virginia.
C.
Elements of the stormwater management plans that include activities regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional engineer, architect, surveyor, or landscape architect registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
The pollution prevention plan, required by § 9 VAC 25-870-56 and § 125-5 of this chapter shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained as required by § 9 VAC 25-870-56.A 1-3, B 1-4, and C.
A.
The Administrator shall review stormwater management plans and shall
approve or disapprove a stormwater management plan according to the
following:
(1)
The Administrator shall determine the completeness of a plan in accordance with § 125-6 of this chapter, and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete.
(2)
The Administrator shall have an additional 45 calendar days from
the date of the communication of completeness to review the plan,
except that if a determination of completeness is not made within
the time prescribed in subdivision (1), then the plan shall be deemed
complete, and the Administrator shall have 60 calendar days from the
date of submission to review the plan.
(3)
For plans not approved by the Administrator, all comments shall be
addressed by the applicant within 180 calendar days. Plans that are
not resubmitted within this time period may be subject to a new application
fee.
(4)
The Administrator shall review any plan that has been previously
disapproved, within 45 calendar days of the date of resubmission.
(5)
During the review period, the plan shall be approved or disapproved
and the decision communicated in writing to the applicant. If the
plan is not approved, the reasons for not approving the plan shall
be provided in writing to the applicant. Approval or denial shall
be based on the plan's compliance with the requirements of this chapter
and the Administrative Guidance Manual.
B.
Approved stormwater plans may be modified as follows:
(1)
Modifications to an approved stormwater management plan shall be
allowed only after review and written approval by the Administrator.
The Administrator shall have 60 calendar days to respond in writing
either approving or disapproving such request.
(2)
The Administrator may require that an approved stormwater management
plan be amended, within a time prescribed by the Administrator, to
address any deficiencies noted during inspection.
C.
The Administrator shall require the submission of a construction record drawing for permanent stormwater management facilities. The Administrator may elect not to require construction record drawings for stormwater management facilities for which recorded maintenance agreements are not required pursuant to § 125-10B.
A.
To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the City of Galax hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part IIB of the Regulations, as amended, expressly to include § 9 VAC 25-870-62 (Applicability); § 9 VAC 25-870-63 (Water quality design criteria requirements); § 9 VAC 25-870-65 (Water quality compliance); § 9 VAC 25-870-66 (Water quantity); § 9 VAC 25-870-69 (Offsite compliance options); § 9 VAC 25-870-72 (Design storms and hydrologic methods); § 9 VAC 25-870-74 (Stormwater harvesting); § 9 VAC 25-870-76 (Linear development projects); § 9 VAC 25-870-85 (Stormwater management impoundment structures or facilities); and § 9 VAC 25-870-92 (Comprehensive stormwater management plans), which shall apply to all land-disturbing activities regulated pursuant to this chapter, except as expressly set forth in § 125-9B, the technical criteria for regulated land-disturbing activities set forth in Part IIC of the Regulations, as amended, § 9 VAC 25-870-93 through 99 shall apply.
B.
Any land-disturbing activity shall be considered grandfathered by
the VSMP authority and shall be subject to the Part IIC technical
criteria of the VSMP Regulation, provided:
(1)
A plan of development proffered as part of a conditional rezoning
and approved by the governing body, any other plan of development
or site plan approved by the City, including any plan approved pursuant
to a rezoning request, a variance request, or a special use permit,
an approved final subdivision plat or an approved preliminary plat
where the applicant has diligently pursued final plat approval within
a reasonable period of time under the circumstances in accordance
with § 15.2-2307 of the Code of Virginia:
(a)
Was approved by the locality prior to July 1, 2012;
(b)
Provided a layout as defined in § 9 VAC 25-870-10;
(c)
Will comply with the Part IIC technical criteria of the VSMP
Regulation; and
(d)
Has not been subsequently modified or amended in a manner resulting
in an increase in the amount of phosphorus leaving each point of discharge,
and such that there is no increase in the volume or rate of runoff;
(2)
A state permit has not been issued prior to July 1, 2014; and
(3)
Land disturbance did not commence prior to July 1, 2014.
C.
Locality, state and federal projects shall be considered grandfathered
by the VSMP authority and shall be subject to the Part IIC technical
criteria of the VSMP Regulation, provided:
(1)
There has been an obligation of locality, state or federal funding,
in whole or in part, prior to July 1, 2012, or the department has
approved a stormwater management plan prior to July 1, 2012;
(2)
A state permit has not been issued prior to July 1, 2014; and
(3)
Land disturbance did not commence prior to July 1, 2014.
D.
Land-disturbing activities grandfathered under Subsections B and C of this section shall remain subject to the Part IIC technical criteria of the VSMP Regulation for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Board.
E.
In cases where governmental bonding or public debt financing has
been issued for a project prior to July 1, 2012, such project shall
be subject to the technical criteria of Part IIC.
F.
Nothing in this section shall preclude an operator from constructing
to a more stringent standard at his discretion.
G.
Exceptions.
(1)
The Administrator may grant exceptions to the technical requirements
of Part IIB or Part IIC of the Regulations, provided that:
(a)
The exception is the minimum necessary to afford relief;
(b)
Reasonable and appropriate conditions are imposed so that the
intent of the Act, the Regulations, and this chapter are preserved;
(c)
Granting the exception will not confer any special privileges
that are denied in other similar circumstances, and
(d)
Exception requests are not based upon conditions or circumstances
that are self-imposed or self-created.
(2)
Economic hardship alone is not sufficient reason to grant an exception
from the requirements of this chapter.
(3)
Exceptions to the requirement that the land-disturbing activity obtain
the required VSMP authority permit shall not be given by the Administrator,
nor shall the Administrator approve the use of a BMP not found on
the Virginia Stormwater BMP Clearinghouse website, or any other control
measure duly approved by the Director.
(4)
Exceptions to requirements for phosphorus reductions shall not be
allowed unless off-site options otherwise permitted pursuant to § 9
VAC 25-870-69 have been considered and found not available.
A.
The Administrator shall require the provision of long-term responsibility
for and maintenance of stormwater management facilities and other
techniques specified to manage the quality and quantity of runoff.
Such requirements shall be set forth in an instrument recorded in
the local land records prior to general permit termination, if such
a permit is required, or earlier as required by the Administrator
and shall at a minimum:
(1)
Be submitted to the Administrator for review and approval prior to
the approval of the stormwater management plan;
(2)
Recite that it is intended to run with the land;
(3)
Provide for all necessary access to the property for purposes of
maintenance and regulatory inspections;
(4)
Provide for inspections and maintenance and the submission of inspection
and maintenance reports to the Administrator; and
(5)
Be enforceable by all appropriate governmental parties.
B.
At the discretion of the Administrator, such recorded instruments
need not be required for stormwater management facilities designed
to treat stormwater runoff from an individual residential lot on which
they are located, provided it is demonstrated to the satisfaction
of the Administrator that future maintenance of such facilities will
be addressed through an enforceable mechanism outlined in the Administrative
Guidance Manual.
C.
If a recorded instrument is not required pursuant to § 125-10B, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Strategies for maintenance will be outlined in the Administrative Guidance Manual. Such facilities shall not be subject to the requirement for an inspection to be conducted by the Administrator.
A.
The Administrator shall inspect the land-disturbing activity during
construction for:
(1)
Compliance with the approved erosion and sediment control plan;
(2)
Compliance with the approved stormwater management plan;
(3)
Development, updating, and implementation of a pollution prevention
plan; and
(4)
Development and implementation of any additional control measures
necessary to address a TMDL.
B.
The Administrator has the right, at reasonable times and under reasonable
circumstances, to enter any establishment or upon any property, public
or private, for the purpose of obtaining information or conducting
surveys or investigations necessary in the enforcement of the provisions
of this chapter. In the event the Administrator or his agent shall
be denied access to property, the Administrator may present sworn
testimony to a magistrate or court of competent jurisdiction and if
such sworn testimony establishes probable cause that a violation of
this chapter has occurred, request that the magistrate or court grant
the Administrator an inspection warrant to enable the Administrator
or his agent to enter the property for the purpose of determining
whether a violation of this chapter exists. The Administrator shall
make a reasonable effort to obtain consent from the owner or occupant
of the subject property prior to seeking the issuance of an inspection
warrant under this section. It shall be a violation of this section
for any person to deny the Administrator access to any property after
the Administrator or his agent has obtained an inspection warrant
from a magistrate or a court of competent jurisdiction for the inspection
of such property. Nothing herein shall be construed to authorize the
Administrator to enter or inspect the interior portions of any dwelling
or structure situated on such property unless that inspection be reasonably
necessary and directly related to verifying the presence and character
of a stormwater control mitigation system or control measure that
the owner of the property claims to be installed therein.
C.
In accordance with a performance bond, the Administrator may also
enter any establishment or upon any property, public or private, for
the purpose of initiating or maintaining appropriate actions which
are required by the permit conditions associated with a land-disturbing
activity when a permittee, after proper notice, has failed to take
acceptable action within the time specified.
D.
Pursuant to § 62.1-44.15:40 of the Code of Virginia, the
Administrator may require every VSMP authority permit applicant or
permittee, or any such person subject to VSMP authority permit requirements
under this chapter, to furnish when requested such application materials,
plans, specifications, and other pertinent information as may be necessary
to determine the effect of his discharge on the quality of state waters,
or such other information as may be necessary to accomplish the purposes
of this chapter. Refer to § 62.1-44.15:40 regarding protection
of specified confidential information.
E.
Post-construction inspections of stormwater management facilities
required by the provisions of this chapter and the recorded maintenance
agreement shall be conducted by the owner and at the owner's cost
pursuant to the City of Galax's adopted and State Board-approved inspection
program, and shall occur within the minimum frequencies shown in Table
125-11-1 following approval of the final construction record report
for each stormwater facility.
|
Table 125-11-1
| ||||
|---|---|---|---|---|
|
Frequency of Post-Construction Inspections
| ||||
|
BMP Classification
|
BMP Type
|
Minimum Inspection Schedule
|
Notes
| |
|
1
|
Rooftop disconnection
|
Every 5 years
|
Owner shall inspect and provide documentation as per the requirements
found on the Virginia Stormwater BMP Clearinghouse website and the
Administrative Guidance Manual for BMPs within classification 2, 3,
and 4. The City of Galax shall inspect all BMPs every 5 years.
| |
|
1
|
Sheetflow to vegetated filter or conserved open space
|
Every 5 years
| ||
|
1
|
Grass channel
|
Every 5 years
| ||
|
1
|
Soil amendments
|
Every 5 years
| ||
|
2
|
Permeable pavement
|
Annually
| ||
|
2
|
Infiltration
|
Annually
| ||
|
2
|
Bioretention
|
Annually
| ||
|
2
|
Dry swale
|
Annually
| ||
|
2
|
Wet swale
|
Annually
| ||
|
2
|
Filtering practice
|
Annually
| ||
|
2
|
Constructed wetland
|
Annually
| ||
|
2
|
Wet pond
|
Annually
| ||
|
2
|
Extended detention
|
Annually
| ||
|
3
|
Vegetated roof
|
Twice per year (spring/fall)
| ||
|
3
|
Rainwater harvesting
|
Twice per year (spring/fall)
| ||
|
4
|
Manufactured/other BMP
|
Yearly or per manufacturer recommendations, whichever is more
frequent
|
Owner shall inspect and provide documentation according to manufacturer's
guidelines and the Administrative Guidance Manual
| |
F.
The owner shall furnish to the Administrator an inspection report
for BMPs within classifications 2, 3, and 4 as provided in Table 125-11-1
prepared by a qualified inspector within the time frame listed in
Table 125-11-1. This report shall include, but not be limited to,
the items listed in Table 125-11-1, current photographs of the BMP,
and a summary of the current BMP condition and any recommendations
for improvements, if necessary.
G.
Qualified inspection personnel include professional engineer, architect,
landscape architect, or land surveyor registered in the Commonwealth
of Virginia or project inspector for SWM or combined administrator
for SWM who have met the certification requirements of § 9
VAC 25-850-50.
H.
Post-construction inspections of stormwater management facilities
required by the provisions of this chapter shall be conducted by the
Administrator pursuant to the City of Galax's adopted and State Board-approved
inspection program and shall occur, at a minimum, at least once every
five years.
A.
Any applicant under the provision of this chapter who is aggrieved
by any action of the City of Galax or its agent in disapproving plans
submitted pursuant to this chapter shall have the right to apply for
and receive a review of such action by the City Council of the City
of Galax, provided an appeal is filed within 30 days from the date
of the action. Any applicant who seeks an appeal hearing before the
City Council shall be heard at the next regularly scheduled City Council
public meeting, provided that the City Council and other involved
parties have at least 30 days' prior notice. In reviewing the agent's
actions, the City Council shall consider evidence and opinions presented
by the aggrieved applicant and agent. After considering the evidence
and opinions, the City Council may affirm, reverse or modify the action.
The City Council's decision shall be final, subject only to review
by the Circuit Court of the jurisdiction where VSMP permit coverage
was to be or is provided.
Any permit applicant or permittee who is aggrieved by a permit
or enforcement decision of the City of Galax under this chapter is
entitled to judicial review thereof by the Circuit Court of the jurisdiction
where VSMP permit coverage was to be or is established, provided an
appeal is filed within 30 days from the date of the decision being
appealed. A verbatim record of proceedings must be taken and filed
with the local governing or appeals body.
A.
If the Administrator determines that there is a failure to comply
with the VSMP authority permit conditions or determines there is an
unauthorized discharge, notice shall be served upon the permittee
or person responsible for carrying out the permit conditions by registered
or certified mail to the address specified in the permit application
or by delivery at the site of the development activities to the agent
or employee supervising such activities.
(1)
The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop-work order may be issued in accordance with Subsection B, or the permit may be revoked by the Administrator.
(2)
If a permittee fails to comply with a notice issued in accordance
with this section within the time specified, the Administrator may
issue an order requiring the owner, permittee, person responsible
for carrying out an approved plan, or the person conducting the land-disturbing
activities without an approved plan or required permit to cease all
land-disturbing activities until the violation of the permit has ceased,
or an approved plan and required permits are obtained, and specified
corrective measures have been completed.
(a)
Such orders shall be issued in accordance with the City's local enforcement procedures and shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the City of Galax, or by personal delivery by an agent of the Administrator. However, if the Administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the Administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with § 125-14C.
B.
In addition to any other remedy provided by this chapter, if the
Administrator or his designee determines that there is a failure to
comply with the provisions of this chapter, they may initiate such
informal and/or formal administrative enforcement procedures in a
manner that is consistent with the Administrative Guidance Manual.
C.
Any person violating or failing, neglecting, or refusing to obey
any rule, regulation, ordinance, order, approved standard or specification,
or any permit condition issued by the Administrator may be compelled
in a proceeding instituted in Circuit Court of the jurisdiction where
VSMP permit coverage was to be or is established by the City of Galax
to obey same and to comply therewith by injunction, mandamus or other
appropriate remedy.
D.
Any person who violates any provision of this chapter or who fails,
neglects, or refuses to comply with any order of the Administrator
shall be subject to a civil penalty not to exceed $32,500 for each
violation within the discretion of the court. Each day of violation
of each requirement shall constitute a separate offense.
(1)
Violations for which a penalty may be imposed under this subsection
shall include but not be limited to the following:
(a)
Failing to have a general permit registration;
(b)
Failing to prepare a SWPPP;
(c)
Having an incomplete SWPPP;
(d)
Failing to have a SWPPP available for review as required by
law;
(e)
Failing to have an approved erosion and sediment control plan;
(f)
Failing to install stormwater BMPs or erosion and sediment controls
as required by this chapter and/or state law;
(g)
Having stormwater BMPs or erosion and sediment controls improperly
installed or maintained;
(h)
Operational deficiencies;
(i)
Failing to conduct required inspections, or having incomplete,
improper, or missed inspections; and
(j)
Discharges not in compliance with the requirements of § 9
VAC 25-880-70 of the general permit.
(2)
The Administrator may issue a summons for collection of the civil
penalty, and the action may be prosecuted in the appropriate court.
(3)
In imposing a civil penalty pursuant to this subsection, the court
may consider the degree of harm caused by the violation and also the
economic benefit to the violator from noncompliance.
(4)
With the consent of any person who has violated or failed, neglected
or refused to obey any provision of this chapter, any condition of
a permit or state permit, any regulation or order of the City, the
City may provide, in an order issued against such person, for the
payment of civil charges for violations in specific sums, not to exceed
the limit specified in this section. Such civil charges shall be instead
of any appropriate civil penalty that could be imposed under this
section.
(5)
Any civil penalties assessed by a court as a result of a summons
issued by the City of Galax shall be paid into the treasury of the
City of Galax to be used for the purpose of minimizing, preventing,
managing, or mitigating pollution of the waters of the City of Galax
and abating environmental pollution therein in such manner as the
court may, by order, direct.
E.
Notwithstanding any other civil or equitable remedy provided by this
section or by law, any person who willfully or negligently violates
any provision of this chapter, any order of the Administrator, any
condition of a permit, or any order of a court shall be guilty of
a class 1 misdemeanor punishable by confinement in jail for not more
than 12 months or a fine of not less than $2,500 nor more than $32,500,
or both.
A.
Fees for coverage under the general permit for a detached single-family
home construction within or outside of common plan of development
or sale with a land-disturbing activity less than five acres shall
be paid as set forth in Table 1-15A. Half of the fees must be paid
by the applicant at the initial plan submittal, and the remaining
half shall be paid prior to permit issuance.
|
Table 1-15A
| ||||
|---|---|---|---|---|
|
Land Disturbance Permit Fees for Detached Single-Family
Home Construction Within or Outside of Common Plan of Development
or Sale With a Land-Disturbing Activity Less Than Five Acres
| ||||
|
Fee Type
|
Total Fee
|
VSMP Authority
(Administrator) portion
|
Department
(DEQ) portion
| |
|
General/stormwater management: detached single-family home construction
(areas within common plans of development or sale with land disturbance
acreage less than 1 acre)
|
$290
|
$209
|
$0
| |
|
General/stormwater management: detached single-family home construction
(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)
|
$290
|
$209
|
$0
| |
B.
Other than the fees set forth in Subsection A above, fees to cover costs associated with implementation of a VSMP related to land-disturbing activities and issuance of general permit coverage and VSMP authority permits shall be imposed in accordance with the VSMP Permit Regulations § 9 VAC 25-870-820 and as per the fee schedule provided below in Table 1-15B. Half of the fees must be paid by the applicant at the initial plan submittal, and the remaining half shall be paid prior to permit issuance.
|
Table 1-15B
| ||||
|---|---|---|---|---|
|
Land Disturbance Permit Fees for the General Permit for
Discharges of Stormwater From Construction Activities
| ||||
|
Fee Type
|
Total Fee
|
VSMP Authority
(Administrator) portion
|
Department
(DEQ) portion
| |
|
General/stormwater management: small construction activity/land
clearing (areas within common plans of development or sale with land
disturbance acreage less than 1 acre)
|
$290
|
$209
|
$81
| |
|
General/stormwater management: small construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 1 acre and
less than 5 acres)
|
$2,700
|
$1,944
|
$756
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and
less than 10 acres)
|
$3,400
|
$2,448
|
$952
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and
less than 50 acres)
|
$4,500
|
$3,240
|
$1,260
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and
less than 100 acres)
|
$6,100
|
$4,392
|
$1,708
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 100 acres)
|
$9,600
|
$6,912
|
$2,688
| |
C.
Fees for the modification or transfer of registration statements
from the general permit issued by the State Board shall be imposed
in accordance with the VSMP Permit Regulations § 9 VAC 25-870-825
and as per the fee schedule provided below in Table 1-15C, and shall
be paid directly to the Administrator.
|
Table 1-15C
| ||
|---|---|---|
|
Fees for the Modification or Transfer of Registration
Statements for the General Permit for Discharges of Stormwater from
Construction Activities
| ||
|
Type of Permit
|
VSMP Authority
(Administrator) Fee Amount
| |
|
General/stormwater management: small construction activity/land
clearing (areas within common plans of development or sale with land
disturbance acreage less than 1 acre)
|
$20
| |
|
General/stormwater management: small construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 1 acre and
less than 5 acres)
|
$200
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and
less than 10 acres)
|
$250
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and
less than 50 acres)
|
$300
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and
less than 100 acres)
|
$450
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 100 acres)
|
$700
| |
D.
If the general permit modifications result in changes to stormwater
management plans that require additional review by the City of Galax,
such reviews shall be subject to the fees set out in the VSMP Permit
Regulations § 9 VAC 25-870-825 and the fee schedules provided
above. The fee assessed shall be based on the total disturbed acreage
of the site. In addition to the general permit modification fee, modifications
resulting in an increase in total disturbed acreage shall pay the
difference in the initial permit fee paid and the permit fee that
would have applied for the total disturbed acreage in the VSMP Permit
Regulations § 9 VAC 25-870-820 and as per the fee schedule
provided in Table 1-15B. These fees shall be paid directly to the
Administrator.
E.
The annual permit maintenance fees shall be imposed in accordance
with the VSMP Permit Regulations § 9 VAC 25-870-830 and
as per the fee schedule provided below in Table 1-15D, including fees
imposed on expired permits that have been administratively continued.
With respect to the general permit, these fees shall apply until the
permit coverage is terminated.
|
Table 1-15D
| ||
|---|---|---|
|
Annual Maintenance Fees for the General Permit for Discharges
of Stormwater From Construction Activities
| ||
|
Type of Permit
|
VSMP Authority
(Administrator) Fee Amount
| |
|
General/stormwater management: small construction activity/land
clearing (areas within common plans of development or sale with land
disturbance acreage less than 1 acre)
|
$50
| |
|
General/stormwater management: small construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance equal to or greater than 1 acre and less than
5 acres)
|
$400
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 5 acres and
less than 10 acres)
|
$500
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 10 acres and
less than 50 acres)
|
$650
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 50 acres and
less than 100 acres)
|
$900
| |
|
General/stormwater management: large construction activity/land
clearing (sites or areas within common plans of development or sale
with land disturbance acreage equal to or greater than 100 acres)
|
$1,400
| |
F.
General permit coverage maintenance fees shall be paid annually to
the City of Galax, by the anniversary date of general permit coverage.
No permit will be reissued or automatically continued without payment
of the required fee. General permit coverage maintenance fees shall
be applied until a notice of termination is effective.
G.
No general permit application fees will be assessed to:
(1)
Applicants who request a permit for a detached single-family home
construction within or outside of common plan of development or sale
with a land-disturbing activity less than five acres.
(2)
Permittees who request minor modifications to general permits as defined in § 125-2 of this chapter. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that require additional review by the Administrator shall not be exempt pursuant to this section.
(3)
Permittees whose general permits are modified or amended at the initiative
of the Department, excluding errors in the registration statement
identified by the Administrator or errors related to the acreage of
the site.
H.
All incomplete payments will be deemed as nonpayments, and the applicant
shall be notified of any incomplete payments. Interest may be charged
for late payments at the underpayment rate set forth in § 58.1-15
of the Code of Virginia and is calculated on a monthly basis at the
applicable periodic rate. A late payment fee of 10% shall be charged
to any delinquent (over 90 days past due) account. The City of Galax
shall be entitled to all remedies available under the Code of Virginia
in collecting any past due amount.
Prior to issuance of any permit, the applicant shall be required
to submit a reasonable performance bond with surety, cash escrow,
letter of credit, any combination thereof, or such other legal arrangement
acceptable to the City of Galax Attorney and Administrator, or designee,
to ensure that measures could be taken by the City of Galax at the
applicant's expense should he fail, after proper notice, within the
time specified to initiate or maintain appropriate actions which may
be required of him by the permit conditions as a result of his land-disturbing
activity. If the City of Galax takes such action upon such failure
by the applicant, the City of Galax may collect from the applicant
for the difference should the amount of the reasonable cost of such
action exceed the amount of the security held, if any. Within 60 days
of the completion of the requirements of the permit conditions, such
bond, cash escrow, letter of credit or other legal arrangement, or
the unexpended or unobligated portion thereof, shall be refunded to
the applicant or terminated.
A.
The City shall be responsible only for the portions of the stormwater
system that are in City-maintained street rights-of-way, permanent
stormwater easements conveyed to and accepted by the City, or as otherwise
explicitly stated in a written agreement with the City. Repairs and
improvements to the drainage system shall be in accordance with established
standards, policies and schedules.
B.
The City's acquisition of permanent storm drainage easements and/or
the construction or repair by the City of stormwater control measures
and drainage facilities does not constitute a warranty against stormwater
hazards, including, but not limited to, flooding, erosion or standing
water.
Floods from runoff may occur that exceed the capacity of stormwater
facilities constructed and maintained by funds made available pursuant
to this chapter. This chapter does not imply that property subject
to the fees and charges established herein will be free from stormwater
flooding or flood damage. The City shall not be liable to any person
for any flood damage. Further, payment of a stormwater fee to the
City for stormwater service does not relieve a property owner from
obtaining flood insurance.
A.
There is hereby established a stormwater utility fee ("fee") imposed on all tax parcels in the City that exist on January 1 of each year regardless of whether the parcel is subject to taxation under Chapter 135 of the City Code of the City of Galax, Virginia. All revenue from the fee shall be deposited into a stormwater utility enterprise fund for the sole purpose of funding the activities described in Subsection H below.
C.
Except as otherwise provided in this Chapter, the impervious surface
of a parcel shall be determined by the City using one or more of the
following, at the discretion of the Administrator: aerial photography;
as-built drawings; final approved site plans; building permits; field
surveys; or other appropriate engineering and mapping analysis tools.
D.
All payments for this service shall be the responsibility of the
owner.
E.
When there are improvements to the tax parcel or change in land use
(zoning), fees will be adjusted commencing with either completion
of a frame or slab inspection, or upon completion of any construction
which contributes impervious surface area where no certificate is
issued or required for such construction, or upon change of land use.
F.
In the event of alteration or addition to a nonresidential property
which alters the amount of impervious surface area, the stormwater
management fees will be adjusted upon either the completion of a frame
or slab inspection or upon completion of the construction, whichever
occurs first, and the adjustment will be reflected in the next billing
cycle.
G.
Exemptions. Notwithstanding Subsections A through F above, the following parcels shall be exempt from the stormwater utility fee:
(1)
Parcels owned by a federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that this exemption shall apply only to parcels or portions of parcels covered by any such permit and shall not apply to parcels owned and maintained by the City of Galax that are not otherwise exempt under Subsection G(2) below; and
(2)
Public roads and street rights-of-way that are owned and maintained
by the Commonwealth of Virginia or the City of Galax, including property
rights-of-way acquired through the acquisitions process.
H.
Stormwater utility enterprise fund. There shall be established a
stormwater utility enterprise fund ("fund") from the deposit of all
fees, charges, and other revenue collected by the utility, as well
as any other revenue as may be determined by Council or the City Manager,
including but not limited to grants and special appropriations. The
fund shall be used exclusively to pay or recover costs for the following:
(1)
The acquisition by gift, purchase, or condemnation, as authorized
by law, of real and personal property, and interest therein, necessary
to construct, operate, and maintain stormwater control facilities;
(2)
The cost of administration of such programs;
(3)
Planning, design, engineering, construction, and debt retirement
for new facilities and enlargement or improvement of existing facilities,
including the enlargement or improvement of dams, levees, floodwalls,
and pump stations, whether publicly or privately owned, that serve
to control stormwater;
(4)
Facility operation and maintenance, including the maintenance of
dams, levees, floodwalls, and pump stations, whether publicly or privately
owned, that serve to control stormwater;
(5)
Monitoring of stormwater control devices and ambient water quality
monitoring; and
(6)
Other activities consistent with the state or federal regulations
or permits governing stormwater management, including, but not limited
to, public education, watershed planning, inspection and enforcement
activities, and pollution prevention planning and implementation.
I.
Stormwater utility fee calculation. Utility fees shall be charged to owners of all property in the City, unless otherwise exempted in Subsection G above.
[Amended 5-23-2016; 5-26-2020]
(1)
Rates will be based upon equivalent residential units (ERU). An ERU
will be the equivalent of 4,700 square feet of impervious surface
area, which will include all buildings, structures and other impervious
surfaces which contribute to stormwater runoff.
(2)
The minimum annual charge shall be equal to one ERU, even when credits are provided as outlined in Subsection J. The number of ERUs will be determined by the Administrator or his designee.
(3)
A residential tax parcel shall be charged one ERU annually. A nonresidential
tax parcel shall be charged the annual fee in the amount specified
for the range of impervious area of the actual impervious area of
the tax parcel, as per Table 1-19A.
(4)
The ERU rate shall be $75 annually.
(5)
The utility fee for unoccupied, developed and undeveloped property,
both residential and nonresidential, shall be the same as that for
occupied property of the same class.
(6)
The stormwater utility fees shown below are hereby authorized for
all utility customers in the City:
|
Table 1-19A
| |||
|---|---|---|---|
|
Stormwater Utility Fees
| |||
|
Range of Impervious Area
(square feet)
|
ERU
|
Annual Fee
| |
|
Equal to
|
Less than
| ||
|
0
|
6,000
|
1.0
|
$75
|
|
6,000
|
8,000
|
1.3
|
$98
|
|
8,000
|
10,000
|
1.7
|
$128
|
|
10,000
|
13,000
|
2.1
|
$158
|
|
13,000
|
17,000
|
2.8
|
$210
|
|
17,000
|
22,000
|
3.6
|
$270
|
|
22,000
|
29,000
|
4.7
|
$353
|
|
29,000
|
38,000
|
6.2
|
$465
|
|
38,000
|
49,000
|
8.1
|
$608
|
|
49,000
|
64,000
|
10.4
|
$780
|
|
64,000
|
83,000
|
13.6
|
$1,020
|
|
83,000
|
108,000
|
17.7
|
$1,328
|
|
108,000
|
140,000
|
23.0
|
$1,725
|
|
140,000
|
182,000
|
29.8
|
$2,235
|
|
182,000
|
237,000
|
38.7
|
$2,903
|
|
237,000
|
308,000
|
50.4
|
$3,780
|
|
308,000
|
400,000
|
65.5
|
$4,913
|
|
>400,000
|
85.1
|
$6,383
| |
J.
Stormwater utility fee credits. § 15.2-2114B, Code of Virginia,
as amended, recognizes that a continued investment in an on-site stormwater
management facility results in a reduced impact on the public stormwater
management system. The Administrator is authorized to adopt policies,
procedures, and manuals necessary to implement, administer, and enforce
this section.
(1)
Credit eligibility. Only on-site stormwater management facilities
meeting the following criteria are eligible for a credit against the
stormwater utility fee:
(a)
The tax parcel owner must submit a credit application form provided by the City in accordance with Subsection J(3) below.
(b)
The tax parcel owner must maintain the structure and function
of a stormwater management facility and operate the stormwater management
facility.
(c)
The tax parcel owner must have a properly executed maintenance
agreement with the City that has been properly recorded in the land
records where designated by the City of Galax.
(d)
The tax parcel owner must demonstrate to the City's satisfaction
that the facility is functioning as originally designed. The structure
must be maintained to the satisfaction of the Administrator in accordance
with the properly executed maintenance agreement, the requirements
set out in the most recent Virginia Stormwater Management Regulations,
or the Virginia BMP Clearinghouse, whichever is most stringent.
(2)
Credit amounts.
(a)
For an on-site stormwater management facility, the credit amount
is based on the amount of impervious surface located on the tax parcel
draining to the facility, and not the total amount of impervious surface
cover on the tax parcel.
(b)
(d)
The owner of an eligible facility that treats off-site impervious
surface located within the City may take a credit for treating the
off-site impervious surface. The off-site credit amount shall be calculated
in the same manner as if the facility was located on the off-site
parcel. However, in no case shall the fee be less than the rate equivalent
to one ERU.
(3)
Application and maintenance verification.
(a)
There is no fee for a credit application.
(b)
To apply for the initial credit for an on-site stormwater management
facility, the tax parcel owner must submit, at his or her own expense,
a credit application form to be provided by the Administrator. The
credit application form shall require the following information:
[1]
A description of the type of facility (or facilities), the stormwater
control standard met by the facility, and the year the facility was
built;
[2]
A drainage area map, drawn to scale, for the facility showing
the drainage boundaries and the impervious area treated by the facility
in square feet;
[3]
As-built or other acceptable engineering plans for the facility;
[4]
A narrative of the known maintenance history of the facility,
including routine maintenance and significant structural maintenance
and repair;
[5]
A copy of the City's standard maintenance agreement that has
been executed by the City and properly recorded in the land records
of the office of the Clerk of the Circuit Court of the county where
the property is located. If there is no existing facility maintenance
agreement, then one must be completed and properly recorded;
[6]
Information on any public funds used to construct, repair, upgrade,
or retrofit the facility, including the amount and the date(s);
[7]
Calculations to determine the monetary amount of the claimed
credit; and
[8]
A completed inspection checklist certifying that the facility
is functioning as originally designed. "Functioning as originally
designed" means that the facility is operating in accordance with
the original design specifications, regardless of the standard in
effect at the time of the installation. The checklist must be signed
and sealed by a professional engineer. The inspection checklist shall
be no more than one year old at the time of application.
(c)
Once approved, the tax parcel owner will remain eligible for
the credit as long as the facility continues to function as originally
designed. The City may revoke the credit if an inspection by the City
or a designated representative determines that the facility is no
longer being properly maintained or functioning as designed. Such
revocation will be effective 30 days after the City has notified the
tax parcel owner in writing of the deficiency(s) and if the problems
are not resolved. The revocation may be delayed for an additional
period, at the discretion of the Administrator, provided that the
tax parcel owner is diligently pursuing work to eliminate deficiencies.
(d)
Any maintenance or functional deficiencies must be remedied
at the owner's expense before a facility may qualify, or requalify
(after revocation), for a credit.
(4)
Credit for industrial stormwater permits. Subject to the maximum credit in subsection (2) above, a credit of 10% is allowed for any tax parcel, or portion of a tax parcel, that is subject to, and in compliance with, an individual or general Virginia pollutant discharge elimination system industrial stormwater permit issued in accordance with § 9 VAC 25-31-120, Virginia Administrative Code, as amended. To apply for the initial credit, the tax parcel owner must provide the Administrator with proof of permit coverage, the date of permit expiration, and a cover letter affirming that the tax parcel is in full compliance with the permit requirements. The credit will expire on permit expiration unless the tax parcel owner provides proof to the Administrator that the permit has been renewed.
(5)
Affirmative duty and timing. It is the sole responsibility of the
tax parcel owner to apply for a credit in accordance with policies,
procedures, and manuals adopted by the Administrator. A credit that
is approved by January 1 of a given year thereafter will be applied
in full to the upcoming billing cycle.
K.
Billing, penalties, and interest.
(1)
The stormwater utility fee shall be billed and payable on the same schedule as prescribed in Chapter 135, Code of the City of Galax, Virginia, and shall be subject to the same penalties and interest as prescribed in Subsection K(2) below, unless a petition for adjustment has been submitted and is under active consideration by the Administrator in accordance with Subsection L(1) below. The stormwater utility fee may be billed separately or may be combined with other billings, and, when combined, payment will be applied first to the stormwater utility fee and then to all other taxes and fees, as determined by the Director of Finance, in accordance with § 15.2-2114.G, Code of Virginia, as amended.
(2)
A delinquent stormwater utility fee, along with cumulative interest
and penalties, shall constitute a lien on the tax parcel ranking in
parity with liens for unpaid taxes and shall be collected in the same
manner as provided for the collection of unpaid real estate taxes.
L.
Petitions for adjustments.
(1)
Any tax parcel owner may request an adjustment of the stormwater
utility fee by submitting a request in writing to the Administrator
within 30 days after the date the bill is mailed or issued to the
tax parcel owner. Grounds for adjustment are limited to the following:
(2)
The tax parcel owner shall complete a stormwater utility fee adjustment
application form supplied by the Administrator.
(3)
If the request for adjustment is regarding an error in the measured
impervious surface, a plan view of the tax parcel's impervious surface
must be submitted with the application, and shall be prepared at the
owner's expense. The plan must show all impervious surfaces and label
their dimensions within the tax parcel boundaries; and
(4)
The requirement for a plan view of the tax parcel's impervious surfaces required in Subsection L(3) above may be waived if, in the sole discretion of the Administrator, the error is obvious and is the result of a technical error or oversight by the City. In such case, the City shall be responsible for recalculating the impervious surface of the tax parcel.
(5)
The Administrator shall make a determination within 30 days of receipt
of a complete submittal for the request for adjustment. In the event
that the Administrator finds that the appeal is deficient or incomplete,
the Administrator shall offer the owner 30 days to supply the missing
information from the time of the determination. If the information
is not provided to the Administrator within the additional thirty-day
period, the request will be deemed withdrawn.
(6)
The Administrator's decision on a fee adjustment petition is a final
decision from which an aggrieved party may appeal to the Circuit Court
of the jurisdiction within 30 days after the date of such decision,
after which time no further appeal shall be allowed.
