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City of Fredericksburg, VA
 
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Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (1)
[Added 6-24-2014 by Ord. No. 14-29[2]]
[1]
Editor's Note: Former Art. IV, Weeds and Wild Growth, derived from § 15-39 and 15-40 of the 1991 Code, as amended, was repealed 1-10-2012 by Ord. No. 11-35.
[2]
Editor's Note: This ordinance provided that it shall be effective 7-1-2014.
A. 
The purpose of this article is to:
(1) 
Ensure the general health, safety and welfare of the citizens of the City of Fredericksburg;
(2) 
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;
(3) 
Establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced.
B. 
Pursuant to § 62.1-44.15:27 of the Code of Virginia, the City of Fredericksburg hereby establishes a Virginia Stormwater Management Program for land-disturbing activities and adopts the applicable regulations. The City Manager shall designate the administrator of this program, which shall be administered in conjunction with the City's Municipal Separate Storm Sewer System (MS4) Program and its Erosion and Sediment Control Program.
A. 
Terms used in this article shall have the definitions set forth in the Virginia Stormwater Management Regulations found at 9 VAC 25-870-10, and Code of Virginia § 62.1-44.15:35, as amended, unless defined herein.
B. 
The following additional definitions apply:
ADMINISTRATOR
The person or position designated in writing by the City Manager to administer this article on behalf of the City, and any duly authorized agent of the administrator.
CHESAPEAKE BAY LAND DISTURBING ACTIVITY
A man-made change to the land surface that potentially changes its runoff characteristics, including clearing, grading or excavation, which disturbs an area equal to or greater than 2,500 square feet and less than one acre. The term does not include land-disturbing activities associated with a single-family residence separately built and disturbing less than one acre, not part of a common plan of development or sale, including additions or modifications to existing single-family detached residential structures.
DEPARTMENT
The Virginia Department of Environmental Quality.
GRANDFATHERED LAND-DISTURBING ACTIVITY
Until June 30, 2019, any land-disturbing activity for which a currently valid proffered or conditional zoning plan, preliminary or final subdivision plat, preliminary or final site plan or zoning with a plan of development, or any document determined by the administrator as being equivalent thereto, was approved by a City prior to July 1, 2012, and for which no coverage under the general permit for discharges of stormwater from construction activities has been issued prior to July 1, 2014.
LAND-DISTURBING ACTIVITY
A man-made change to the land surface that potentially changes its runoff characteristics, including clearing, grading, or excavation, that disturbs an area equal to or greater than one acre. The term does not include those activities exempt from the VSMP permit requirement pursuant to Code of Virginia § 62.1-44.15:34(C)(1), (2), (4), (5), (6), (7), and (8).
OPERATOR
The owner or operator of any facility or activity subject to the Virginia Stormwater Management Act, Article 2.3 of Chapter 3.1 of Title 62.1 of the Code of Virginia. In the context of stormwater associated with a large or small construction activity, "operator" means any person associated with a construction project that meets either of the following criteria:
(1) 
The person has direct operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
(2) 
The person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other state permit or VSMP authority permit conditions.
REGULATIONS
The Virginia Stormwater Management Program (VSMP) Permit Regulations, 9 VAC 25-870-10, et seq., as amended, or successor regulations.
STATE BOARD
The Virginia State Water Control Board.
SWPPP
A stormwater pollution prevention plan as defined in 9 VAC 25-870-10.
VSMP PERMIT
A consolidated stormwater management and erosion and sediment control permit.
A. 
No person may conduct a Chesapeake Bay land-disturbing activity, a land-disturbing activity, or a grandfathered land-disturbing activity except in compliance with a VSMP permit issued by the administrator in accordance with the provisions of this article. A Chesapeake Bay land-disturbing activity does not require a registration statement or coverage under the state general permit for discharge of stormwater from construction activities. A land-disturbing activity does require a state general permit and must be conducted in compliance therewith.
B. 
No City officer shall issue a grading or building permit for one of the foregoing land-disturbing activities until the VSMP permit is issued.
A. 
The operator of a Chesapeake Bay land-disturbing activity shall submit a complete VSMP permit application to the administrator demonstrating compliance with the technical criteria set forth in 9 VAC 25-870-51.
B. 
The operator of a land-disturbing activity shall submit a complete application to the administrator. The application shall include an erosion and sediment control plan, stormwater pollution prevention plan, stormwater management plan, a pollution prevention plan, and a registration statement for state permit coverage as described in Part IIA of the Regulations. The contents of each required plan shall conform to the applicable City Code or regulation. The application shall demonstrate compliance with the technical criteria and program and administrative requirements of Part IIB of the Regulations.
C. 
The operator of a grandfathered land-disturbing activity, as defined in 9 VAC 25-870-48, shall submit a complete application demonstrating compliance with the technical criteria in Part IIC of the Regulations.
D. 
All applications shall be accompanied by payment of applicable fees as set forth in 9 VAC 25 Chapter 870, which are incorporated by reference.
The administrator shall review and approve applications in accordance with the following process:
A. 
The administrator shall determine whether the application is complete in accordance with § 38-404 of this article and shall notify the applicant, in writing, of such determination within 15 calendar days of receipt, including any deficiencies in the plan that cause a determination that it is not complete.
B. 
The administrator shall review the application and approve or disapprove it, in writing, to the operator or his agent within 60 calendar days from the date of the notification that the submission is complete. Approval or denial shall be based on the application's compliance with the requirements of this article. Specific reasons for disapproval, if applicable, shall be set forth in the written notification of disapproval. The administrator shall issue the VSMP permit only after receiving evidence that general permit coverage, if required, is obtained and that an approved erosion and sediment control plan and stormwater management plan have been obtained.
C. 
The administrator shall review the resubmission of a previously disapproved application that has been revised within 45 calendar days of the date of resubmission.
D. 
If the administrator fails to make a timely determination of completeness as required in Subsection A, then the plan is deemed complete, and the sixty-day review period in Subsection B commences with the date of the submission of the application.
E. 
An application meeting all of the requirements of this article is deemed approved if no action is taken within the time provided above in Subsection B.
A. 
The City of Fredericksburg adopts the technical criteria for Chesapeake Bay land-disturbing activities set forth in 9 VAC 25-870-51 of the Regulations or cross-referenced therein, as amended, which are incorporated by reference.
B. 
The City of Fredericksburg adopts the technical criteria for regulated land-disturbing activities set forth in Part IIB of the Regulations, as amended, which are incorporated by reference.
C. 
The City of Fredericksburg adopts the technical criteria for grandfathered land-disturbing activities set forth in Part IIC of the Regulations, as amended, which are incorporated by reference.
D. 
The technical criteria set forth above are in addition to, and not in lieu of, the storm drainage requirements set forth in the City's Unified Development Ordinance, § 72-515B, Storm drainage requirements. Where there is a conflict, the more-stringent requirement shall apply.
A. 
No applicant shall use nutrient credits to address water quantity control requirements.
B. 
An applicant may achieve compliance with stormwater non-point nutrient runoff water quality criteria established pursuant to Code of Virginia § 62.1-44.15:28, in whole or in part, through the use of the applicant's acquisition of nutrient credits in the same tributary under the conditions and restrictions set forth in Code of Virginia § 62.1-44.15:35, including the offsite compliance options set forth in 9 VAC 25-870-69(A), as applicable.
C. 
The applicant shall provide documentation of the acquisition of nutrient credits in a certification from the credit provider documenting the number of phosphorus nutrient credits acquired and the associated ratio of nitrogen nutrient credits at the credit-generating facility.
D. 
Nutrient credits shall be generated in the same or adjacent eight-digit hydrologic unit code as defined by the United States Geological Survey as the permitted site, except as otherwise limited in Code of Virginia § 62.1-44.15:35(C). Nutrient credits outside the same or adjacent eight-digit hydrologic unit code may only be used if it is determined by the administrator that no credits are available within the same or adjacent eight-digit hydrologic unit code when the administrator accepts the final site design. In such cases, and subject to other limitations imposed in this section, credits available within the same tributary may be used. In no case shall credits from another tributary be used.
The administrator may grant exceptions to the technical criteria in accordance with the authority set forth in 9 VAC 25-870-57. The administrator shall apply the criteria in 9 VAC 25-870-122 in granting or denying an application for an exception.
Prior to issuing a VSMP permit, the administrator may require a performance guarantee in an amount sufficient for and conditioned upon the construction of the improvements required by the permit. The form of the performance guarantee shall comply with the requirements set forth in Article 72-2 of Chapter 72 of the City Code. The administrator shall reduce the performance guarantee in the same manner as provided in Article 72-2 of Chapter 72 of the City Code. The administrator shall release any remaining performance guarantee within 60 days of the completion of the requirements of the VSMP permit.
A. 
Approved VSMP permits may be modified as follows:
(1) 
Upon written request by the operator, after review and written approval by the administrator within 60 calendar days of the request.
(2) 
Upon requirement by the administrator, within a time prescribed by the administrator, in order to address any deficiencies noted during inspection.
B. 
An operator shall apply for an amended SWPPP whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to state waters and that has not been previously addressed in the SWPPP.
A. 
The operator shall submit a construction record drawing for permanent stormwater management facilities to the administrator. This drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan.
B. 
The administrator shall require an instrument providing for long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff, which shall meet the requirements of 9 VAC 25-870-112. The operator shall record this instrument.
The SWPPP must be maintained at a central location on site. If an on-site location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site.
A. 
The administrator shall inspect land-disturbing activity during construction in accordance with the requirements of 9 VAC 25-870-114(A).
B. 
The administrator may require monitoring reports from the person responsible for meeting VSMP permit conditions to ensure compliance with the permit.
C. 
The administrator shall establish and implement a post-construction inspection program to ensure that stormwater management facilities are being maintained as designed after completion of land-disturbing activities in accordance with the requirements of 9 VAC 25-870-114(B) and (C).
D. 
The administrator may, at reasonable times and under reasonable circumstances, enter property for the purpose of conducting inspections and investigations necessary in the enforcement in this article.
E. 
If the person in charge of the property refuses to allow the administrator to enter, then the administrator may present sworn testimony to a magistrate or court of competent jurisdiction and request the issuance of an inspection warrant to enter the property for the purpose of making such inspections and investigations. The administrator shall make a reasonable effort to obtain consent from the owner or person in charge of the property prior to seeking the issuance of an inspection warrant under this section.
The administrator may require a permit applicant or permittee to furnish 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 article in accordance with the provisions of Code of Virginia § 62.1-44.15:40.
A. 
The administrator may take informal or formal steps to remedy a violation of this article or of a VSMP permit. Informal and formal enforcement procedures all include the identification of the violation, notice of the corrective measures required to remedy the violation, and notification of a reasonable deadline for completing corrective measures. Informal enforcement may take the form of a verbal warning or written inspection report. A formal enforcement action commences with the issuance of a written notice of violation to the operator, delivered in person or via certified mail to the address specified on the permit.
B. 
If the administrator determines that an owner, operator, or other person in charge of a site fails to comply with VSMP permit conditions, then the administrator shall serve a notice specifying the measures needed to comply and a time within which such measures shall be completed. The administrator shall serve the notice by mailing with confirmation of delivery 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.
C. 
If the owner, operator, or other person in charge of the land-disturbing activity fails to comply with a written notice of violation within the time specified, the administrator may issue a written stop-work order until the specific corrective measures have been completed and the violation has been remedied. A stop-work order requires the owner, operator or person conducting the land-disturbing activities 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 are completed. The stop-work order takes effect upon personal delivery on the person, or upon the mailing of the order, with confirmation of delivery, to the address specified in the land records of the City.
D. 
The administrator may issue an emergency stop-work order to cease all land-disturbing activities on the site, without advance notice or hearing, upon determining that a 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. The emergency stop-work order shall afford the recipient an opportunity for an appeal and hearing in accordance with this article.
E. 
In the event of default in construction of facilities for which a performance guarantee has been posted, the administrator may take action in accordance with the default provisions applying to performance guarantees in the Unified Development Ordinance, which shall apply mutatis mutandis. The administrator may collect from the operator any deficiency should the amount of the reasonable cost of the City's remedial actions exceed the amount of the performance guarantee.
F. 
The administrator may bring legal action to ensure compliance with this article, including injunction, mandamus, or other appropriate action or proceeding, under Code of Virginia § 62.1-44.15:42, and injunction of a violation or threatened violation under Code of Virginia § 62.1-44.15:48.
G. 
The administrator, with the consent of the applicant, may include the use of nutrient credits or other off site measures in resolving enforcement actions to compensate for:
(1) 
Nutrient control deficiencies occurring during the period of noncompliance; and
(2) 
Permanent nutrient control deficiencies.
A. 
A person who undertakes a land-disturbing activity without an approved VSMP permit or who fails to comply with an approved plan shall be assessed a civil penalty not to exceed $32,500 for each violation, within the discretion of the court.
B. 
The administrator may issue a civil summons for collection of the civil penalty and prosecute the civil summons in the appropriate court. Civil penalties assessed by the court shall be paid to the City Treasurer, unless the City is the violator itself, in which case the court shall direct the penalty to be paid into the State Treasury in accordance with Code of Virginia § 62.1-44.15:48. Civil penalties paid to the City shall be appropriated for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the City and abating environmental pollution therein in such manner as the court may, by order, direct.
C. 
If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation within a reasonable time period specified by the court.
D. 
Each day of violation shall constitute a separate offense.
A. 
It is unlawful and a Class 1 misdemeanor for any person:
(1) 
To fail to comply with any stop-work order or emergency order;
(2) 
To fail to come into compliance in accordance with a written notice of violation; or
(3) 
To willfully and knowingly violate any provision of this article.
B. 
Each day of violation shall constitute a separate offense.
The remedies provided in this article are cumulative and not exclusive and are in addition to any other remedies provided by law.
Final decisions of the administrator shall be subject to review by the Fredericksburg Circuit Court, provided that an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties or privileges of the person engaging in or proposing to engage in land-disturbing activities. The issues on review in Circuit Court are established in Code of Virginia § 2.2-4027. The decision of the Circuit Court shall be subject to review by the Court of Appeals of Virginia under Code of Virginia § 62.1-44.15:46.