ORDINANCE NO.  08-17( 2 )

 

AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE II, EROSION AND SEDIMENT CONTROL, AND ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY  B17-215A

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, Article I, General, Article II, Erosion and Sediment Control, and Article III, Stormwater Management and Water Quality, are amended and reordained as follows:

 

By Amending:

 

Sec. 17-104       Definitions

Sec. B17-20417-204       Review and approval of erosion and sediment control plan

Sec. B17-20817-208       Amendment of erosion and sediment control plan

Sec. 17-209       Fees

Sec. 17-212       Inspections

Sec. 17-310       Fees

 

Chapter 17.  Water Protection

 

Article I.  General

 

Sec. 17-104 Definitions.

 

            The following definitions shall apply in the interpretation and implementation of this chapter:

 

. . .

 

            (2.1)  Amendment to approved plan.  The term “amendment to approved plan” means a revision to a plan previously approved by the program authority that requires a plan review and approval before it is incorporated into the approved plan.  The revision can originate as a desired change by the owner or to satisfy either a notice to comply or stop work order issued by the program authority.  

 

. . .

 

            (22.1)  Inspection.  The term “inspection” means the examination of a premises by the program authority for the purpose of determining compliance with the requirements of this chapter or determining whether bonded improvements are constructed as required by the approved plans required by this chapter. 

 

. . .

 

            (35.2)  Plan review.  The term “plan review” means each review of a plan by the program authority for the purpose of determining compliance with the requirements of this chapter including, but not limited to, the review of a plan that has been revised and resubmitted after the program authority reviewed and disapproved a prior plan. 

 

. . .

 

            (39.1)  Reinspection.  The term “reinspection” means an inspection necessitated by either a notice of violation or stop work following issuance by the program authority.  

 

. . .

 

            (44)  Stormwater management/BMP facilities maintenance agreement. The term “stormwater management/BMP facilities maintenance agreement” means an agreement that commits the owner or other designated parties to maintain and inspect stormwater/BMP facilities, including those required by approved mitigation plans required by section 17-322, constructed in accordance with this chapter based on specific terms and conditions of the agreement.

 

            (45)  Stormwater management/BMP plan. The term “stormwater management/BMP plan” means a document that describes the controls for the management of the rate of stormwater discharge and best management practices for water quality protection, including mitigation plans required by section 17-322, and which includes a narrative section, a map or site plan, pertinent calculations, and any specifications submitted with the plan.

 

. . .

 

            (47.2)  Variance.  The term “variance” means an owner-requested waiver from or modification to either the minimum standards of the Virginia Erosion and Sediment Control Regulations or an accepted erosion and sediment control measure which requires the program authority’s evaluation and approval before it can be incorporated into a plan.  Unless determined by the program authority that the variance can apply to other plans, a variance shall apply only to the plan for which it was requested and a separate variance shall be required for any other plan.    

 

. . .

 

(§ 7-2, 6-18-75, § 4, 7-9-80, 2-11-87, 3-18-92, § 19.1-5, 9-29-77, art. I, § 2, 9-13-78, 7-11-90, 8-3-94; §

19.2-4, 6-19-91; § 19.3-5, 2-11-98; Code 1988, §§ 7-2, 19.1-5, 19.2-4, 19.3-5; Ord. 98-A(1), 8-5-98; Ord.

07-17(1), 2-14-07; Ord. 08-17(1), 2-6-08)

 

            State law reference--Va. Code §§ 10.1-560, 10.1-603.2.

 

Article II.  Erosion and Sediment Control

 

Sec. B17-20417-204 Review and approval of erosion and sediment control plan.

 

            Each erosion and sediment control plan submitted pursuant to this article shall be reviewed and approved as provided herein:

 

            A.        The plan shall be reviewed by the program authority to determine whether it complies with the requirements of section 17-203 and all other requirements of this article.

 

            B.         During its review of the plan, the program authority may meet with the owner from time to time to review and discuss the plan with the owner, and shall inform the owner in writing of any modifications, terms, or conditions required to be included in the plan in order for it to be approved.  The program authority may also consider and act on a variance request under the following criteria: (i) the owner shall explain in writing the reasons for requesting the variance; and (ii) the variance may be approved if the program authority determines that the approved plan, with the variance and any associated conditions of approval, would protect off-site properties and resources from damage to the same extent or better than if the variance was not granted.

 

            C.         Except as provided in paragraph (D) (E), the program authority shall approve or disapprove a plan in writing within forty-five (45) days from the date the complete application was received by the program authority.  The decision of the program authority shall be based on the plan’s compliance with the requirements of this article.  The decision shall be in writing and shall be served by first class mail to the address provided by the owner in the application for approval of the plan or by personal delivery to the owner.  The date of the decision shall be either the date that it is deposited for mailing or the date that it is personally delivered to the owner.  If the plan is disapproved, the reasons for disapproval shall be stated in the writing.

 

            D.        If the program authority fails to act on the plan within forty-five (45) days from the date the application was received by the program authority, the plan shall be deemed approved.

 

            E.         If the owner is required to obtain approval of a site plan or plat, the program authority shall not approve an erosion and sediment control plan unless and until the site plan or plat is approved as provided by law.  For purposes of this paragraph, a site plan or plat may be deemed approved by the program authority if its approval is conditioned upon the approval of an erosion and sediment control plan pursuant to this article, and the program authority determines that review and approval of the erosion and sediment control plan will not affect approval of the site plan or plat.  The program authority may approve an erosion and sediment control plan prior to approval of a required site plan or plat in the following circumstances:

 

                        1.         to correct any existing erosion or other condition conducive to excessive sedimentation which is occasioned by any violation of this chapter or by accident, act of God or other cause beyond the control of the owner; provided, that the activity proposed shall be strictly limited to the correction of such condition;

 

                        2.         to clear and grub stumps and other activity directly related to the selective cutting of trees, as permitted by law;

 

                        3.         to install underground public utility mains, interceptors, transmission lines and trunk lines for which plans have been previously approved by the operating utility and approved by the county as being substantially in accord with the comprehensive plan, if necessary;

 

                        4.         to fill earth with spoils obtained from grading, excavation or other lawful earth disturbing activity;

 

                        5.         to clear, grade, fill or engage in similar related activity for the temporary storage of earth, equipment and materials, and to construct temporary access roads; provided, that in each case, the area disturbed shall be returned to substantially its previous condition, with no significant change in surface contours.  The return to previous condition shall occur within thirty (30) days of the completion of the activity or temporary use, or within thirteen (13) months of the commencement of any land disturbing activity on the land which is related to the activity, whichever period shall be shorter; or

 

                        6.         to establish borrow, fill or waste areas in accordance with sections 5.1.28 and 10.2.1.18 of the zoning ordinance.

 

(§ 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-12, 2-11-98; Code 1988, §§ 7-5, 19.3-12; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 10.1-563.E17-204

 

Sec. B17-20817-208  Amendment of erosion and sediment control plan.

 

            The program authority may change an approved erosion and sediment control plan and require an owner to submit an amended plan in the following circumstances:

 

            1.         An inspection conducted pursuant to section 17-212 reveals that the plan is inadequate to satisfy the requirements of this article;

 

            2.         The owner finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out and either proposed amendments to the plan, consistent with the requirements of this article, are agreed to by the program authority and the owner or the owner submits and obtains approval of a variance and the program authority determines that an amendment to the plan is required.  The program authority may consider and act on a variance request under the following criteria: (i) the owner shall explain in writing the reasons for requesting the variance; and (ii) the variance may be approved if the program authority determines that the amended plan, with the variance and any associated conditions of approval, would protect off-site properties and resources from damage to the same extent or better than if the variance was not granted.  The program authority shall approve or disapprove the variance in writing within ten (10) days after receipt of the request.  If the program authority does not approve a variance within ten (10) days of the receipt of the request, it shall be deemed to be disapproved.

 

            3.         The land disturbing activity did not begin during the one hundred eighty (180) day period following plan approval, or ceased for more than one hundred eighty (180) days, and the existing plan has been evaluated to determine whether it still satisfies the requirements of this article and state erosion and sediment control criteria and to verify that all design factors are still valid, and it has been determined that the plan is inadequate.  In such a case, the land disturbing activity shall not be resumed until a modified plan is submitted and approved as provided in this article.

 

(§ 7-5, 6-18-75, § 7, 2-11-76, 4-21-76, 6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; § 19.3-16, 2-11-98; Code 1988, §§ 7-5, 19.3-16; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 10.1-563.E17-208

 

Sec. 17-209  Fees.

 

            Each owner seeking approval of an erosion and sediment control plan or entering into an agreement in lieu of a plan shall pay a fee upon submittal of such plan, and shall pay a fee for each reinspection, in amounts according to the schedule set forth below. Each fee shall be in the form of cash or a check payable to the “County of Albemarle.”

 

            A.        Land disturbing activity pertaining to single family dwelling unit:

 

                        1.         Agreement in lieu of a plan if single family dwelling unit located in a residential development: $20  $150

 

                        2.         Agreement in lieu of a plan if single family dwelling unit not located in a residential development: $30 $150                          

 

                        3.         Plan review for a single family dwelling unit: $130 $150 per review          

 

                        4.         Permit and first year inspection fees for a single family dwelling unit: $150

 

                        5.         Annual permit renewal and inspection fees for a single family dwelling unit, starting with second year: $150

 

                        46.        Each reinspection: $30 $150

 

            B.         Land disturbing activity pertaining to non-exempt agricultural land:

 

                        1.         Plan review: $130 $150 per review                                                                                

                        2.         Permit and first year inspection fees: $150

 

                        23.        Each reinspection: $30 $150

 

                        4.         Annual permit renewal and inspection fees, starting with second year: $150

 

            C.         All other land disturbing activity:

 

                        1.         Plan: $320 + $125 per acre of disturbed area or portion thereof, not to exceed $3000

 

                        2.         Annual renewal of approved plan: $320

 

                        3.         Major amendment of plan: $150

 

                        4.         Each reinspection: $70

 

                        1.         Plan review, disturbed area less than one acre: $150 per review

 

                        2.         Permit and first year inspection fees, disturbed area less than one acre: $200

 

                        3.         Annual permit renewal and inspection fee, disturbed area less than one acre: $200

 

                        4.         Plan review, disturbed area one acre or larger: $300 per review

 

                        5.         Permit and first year inspection fees, disturbed area one acre or larger: $100 per disturbed acre

 

                        6.         Annual permit renewal and inspection fee, disturbed area one acre or larger, starting with second year: $100 per disturbed acre

 

                        7.         Each reinspection: $250

 

                        8.         Amendment to approved plan: $180 per plan review  

 

            D.        Variances: $760 per request

 

(§ 7-4, 6-18-75, § 6, 10-22-75, 4-21-76, 11-10-76, 3-2-77, 4-17-85, 2-11-87, 12-11-91, 3-18-92; § 19.3-17, 2-11-98; Code 1988, §§ 7-4, 19.3-17; Ord. 98-A(1), 8-5-98; Ord. 98-17(1), 11-11-98; Ord. 02-17(1), 7-3- 02))

 

            State law reference--Va. Code § 10.1-562.

 

Sec. B17-21217-212  Inspections.

           

            The program authority shall inspect any land disturbing activity or erosion impact area as provided herein:

 

            A.        The program authority shall conduct periodic inspections of land disturbing activities and erosion impact areas to determine compliance with the approved erosion and sediment control plan, and to determine whether such approved plan and permit as implemented are adequate to satisfy the requirements of this article.

 

            B.         Except as provided in paragraph (C), the periodic inspections shall be conducted: (i) during or immediately following initial installation of erosion and sediment controls; (ii) at least once during every two (2) week period thereafter; (iii) within forty-eight (48) hours following any runoff producing storm event; and (iv) at the completion of the project prior to the release of any surety.  The inability of the program authority to conduct inspections within the time periods set forth in this paragraph shall not be deemed to be a failure of the program authority to perform a mandatory duty or a ministerial function, and no liability to the county, the program authority, or any official or employee thereof shall arise therefrom.

 

            C.         Notwithstanding paragraph (B), the program authority is authorized to establish an alternative inspection program which ensures compliance with an approved erosion and sediment control plan.  Such alternative inspection program shall be: (i) approved by the Virginia Soil and Water Conservation Board prior to implementation; (ii) established in writing; (iii) based on a system of priorities which, at a minimum, address the amount of disturbed project area, site conditions, and stage of construction; (iv) documented by inspection records; and (v) maintained and available for public review in the department of engineering and public works community development.

 

            D.        The program authority shall have the right to enter upon property subject to an erosion and sediment control plan for the purposes of conducting an inspection as provided in this section or an investigation pertaining to an erosion or sedimentation complaint.  The owner shall be given notice of the inspection.  Such notice may be either verbal or in writing.

 

            E.         The fees required for inspections conducted pursuant to paragraph (B)(i), (ii) and (iv) are a part of the application fee required by section 17-209.  The fee required for inspections conducted pursuant to paragraph (B)(iii) shall be paid by the owner within thirty (30) days of the date shown on the invoice.

 

(§ 7-6, 6-18-75, § 8, 2-11-76, 4-21-76, 2-11-87, 3-18-92; § 19.3-20, 2-11-98; Code 1988, §§ 7-6, 19.3-20; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 10.1-566.

 

Article III.  Stormwater Management and Water Quality

 

Sec. 17-310  Fees.

 

            Each owner seeking approval of a stormwater management/BMP plan shall pay a fee upon submittal of such plan, and shall pay a fee for each inspection, in amounts according to the schedule set forth below. Each fee shall be in the form of cash or a check payable to the “County of Albemarle.”

 

            1.         Plan review: $130 $300 per plan review

 

            2.         Major amendment of plan Amendment to approved plan: $100 $180 per plan review

 

            3.         Request for exception (section 17-308): $240

 

            4.         Request for development in a stream buffer or for reduction or modification of stream buffer (section 17-321) and mitigation plan (if not part of another document) (section 17-322): $70 $85

 

            5.         Each inspection or reinspection: $60

 

            6.         Mitigation plan (section 17-322): $860

 

(§ 19.3-34, 2-11-98; § 19.1-8, 9-29-77, art. II, § 3, 7-11-90; Code 1988, §§ 19.1-8, 19.3-34; Ord. 98-A(1), 8-5-98; Ord. 02-17(1), 7-3-02)

 

            State law reference--Va. Code § 10.1-603.10.

 

 

 

 

 

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