ORDINANCE NO.  04-17(  )

 

AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, AND BY ADDING ARTICLE IV, GROUNDWATER ASSESSMENTS

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, is amended and reordained as follows:

 

By Amending:

Sec. 17-102     Purposes.

 

By Adding:

Sec. 17-400     Applicability.

Sec. 17-401     Tier 1 assessments.

Sec. 17-402     Tier 2 assessments.

Sec. 17-403     Tier 3 assessments.

Sec. 17-404     Tier 4 assessments.

Sec. 17-405     Fees.

           

Chapter 17

 

Water Protection

 

Article I.  General

 

Sec. B17-10217-102 Purposes.

 

            The board of supervisors finds that this chapter is necessary to protect the health, safety and general welfare of the citizens of the county and the Commonwealth of Virginia and to prevent water from being rendered dangerous to the health of persons living in the county, and is supported by the findings of watershed studies that have been conducted.  Therefore, the specific purposes of this chapter are to:

 

            1.         inhibit the deterioration of state waters and waterways resulting from land disturbing activities;

 

            2.         protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased stormwater discharges from new land development and redevelopment;

 

            3.         protect against and minimize the pollution and eutrophication of public drinking water supplies resulting from land development;

 

            4.         control nonpoint source pollution, erosion and sedimentation, and stream channel erosion;

 

            5.         maintain the integrity of existing stream channels and networks for their biological functions, drainage, and natural recharge of groundwater;

 

            6.         protect the condition of state waters for all reasonable public uses and ecological functions;

            7.         provide for the long-term responsibility for and maintenance of stormwater management facilities and best management practices; and

 

            8.         facilitate the integration of stormwater management and pollution control with other county ordinances, programs, policies, and the comprehensive plan.; and

 

            9.         promote the long-term sustainability of groundwater resources. 

 

(§ 7-1, 6-18-75, § 2, 2-11-87, 3-18-92; § 19.1-4, 9-29-77, art. I, § 1, 7-11-90; § 19.2-2, 6-19-91, § 2; § 19.3-3, 2-11-98; Code 1988, §§ 7-1, 19.1-4, 19.2-2, 19.3-3; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 10.1-560 et seq., 10.1-603.1 et seq., §10.1-2108.E17-102

 

Article IV.  Groundwater Assessments

 

Sec. 17-400 Applicability.

 

This article shall apply to the establishment of land uses that will rely on privately owned wells serving as the primary source of potable water and having not more than two (2) connections (hereinafter, “individual wells”) or central water supplies, as defined in Albemarle County Code § 16-101.  The applicable requirements of this article are determined by the development approval sought by the owner and the land uses within the development, as follows:

 

Development Approval and Timing of Submittal for Required Assessment

Assessment Required

Prior to the issuance of a building permit for a new structure on a lot of record less than twenty-one acres in size existing prior to the effective date of this article that will be served by one or more individual wells

 

Tier 1

 

Prior to the issuance of a building permit for a new structure: (1) on a lot of record created after the effective date of this article that is subject to a Tier 2 or Tier 3 assessment that will be served by one or more individual wells; or (2) associated with a use that is subject to a Tier 3 or Tier 4 assessment that will be served by one or more individual wells

Tier 1

Prior to approval of a preliminary subdivision plat creating lots of less than twenty-one acres that will be served by individual wells

Tier 2

Prior to approval of a preliminary subdivision plat creating four or more lots where at least three lots are five acres or less

Tier 3

Prior to approval of a preliminary site plan for a new commercial or industrial use using less than 2,000 gallons/day (average)

Tier 3

Prior to approval of a preliminary site plan for a new commercial or industrial use using more than 2,000 gallons/day (average)

Tier 4

Prior to approval of any central water supply under chapter 16 of the Albemarle County Code

Tier 4

 

 

The program authority may require that development approvals subject to Tier 2 or Tier 3 assessments be subject to Tier 3 or Tier 4 assessments, respectively, as provided in sections 14-402 and 17-403.

 

Sec. 17-401 Tier 1 assessments.

 

A Tier 1 assessment shall consist of the owner drilling a well on the lot and submitting the following information to the program authority: (1) a Virginia well drilling completion report (form GW-2) for each well drilled; and (2) the latitude and longitude coordinates of each well’s location.  The information submitted must be accepted as complete and accurate by the program authority prior to issuance of the building permit. 

 

Sec. 17-402 Tier 2 assessments.

 

A Tier 2 assessment shall consist of the program authority reviewing and evaluating the county’s well database, available hydrogeologic studies, and information from the Virginia Department of Health and the Virginia Department of Environmental Quality, as provided in chapter 5 of the design standards manual.  Based on this evaluation, the program authority may require that the owner provide additional groundwater assessment data prior to subdivision plat or site plan approval, or may require that a Tier 3 assessment be submitted. 

 

Sec. 17-403  Tier 3 assessments.

 

A Tier 3 assessment shall consist of the following:

 

            A.        The owner shall submit a draft groundwater management plan with the preliminary plat or site plan.  The groundwater management plan shall comply with the requirements for such plans in chapter 5 of the design standards manual.  If the groundwater management plan identifies special areas of concern, such as an off-site resource of high groundwater sensitivity or a previously unknown source of contamination, then the program authority may require additional groundwater assessment data prior to preliminary subdivision plat or site plan approval.

 

            B.         The owner shall submit a final groundwater management plan that must be approved by the program authority prior to approval of the final plat or site plan. 

 

C.        Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement.

 

The program authority may require that a Tier 4 assessment be submitted instead of a Tier 3 assessment if the special areas of concern identified in subsection (A) have not been adequately addressed by the additional groundwater assessment data.

 

Sec. 17-404  Tier 4 assessments.

 

A Tier 4 assessment shall consist of the following:

 

A.        The owner shall submit a draft groundwater management plan and an aquifer testing workplan complying with the requirements for such plans in chapter 5 of the design standards manual, with the preliminary plat, preliminary site plan, or the application for a central water supply.  The groundwater management plan must demonstrate to the program authority’s satisfaction that the site’s groundwater conditions have been considered with the subdivision or site plan’s layout and design.  The aquifer testing workplan must be approved by the program authority before the owner may conduct aquifer testing as required by subsection (B).

 

B.      After the program authority approves the aquifer testing workplan, the owner shall conduct aquifer testing as provided in the workplan.

 

C.        The owner shall submit a final groundwater management plan and a groundwater assessment report complying with the requirements for such a report in chapter 5 of the design standards manual, based upon the results of the aquifer testing.  The final groundwater management plan and the groundwater assessment report must be approved by the program authority prior to final subdivision plat or site plan approval. 

 

D.        Any structural measures (e.g., best management practices) shall be bonded as a subdivision plat or site plan improvement.

 

Sec. 17-405  Fees.

 

            Each owner seeking approval of a tier assessment required by this article shall pay a fee as provided by Albemarle County Code § 18-35.0 and Albemarle County Code § 14-203, as applicable.

 

            State law reference--Va. Code §§ 15.2-2241(9), 36-98.E17-209

 

This ordinance shall be effective on and after February 8, 2005.

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