HomeMy WebLinkAbout2014-20~..
ORDINANCE 2014-20
STORMWATER MANAGEMENT ORDINANCE
FOR THE TOWN OF PULASKI, VIRGINIA
Pursuant to Code § 62.1-44.15:27, this ordinance is adopted as part of an initiative to integrate the
Town of Pulaski storm water management requirements with the Town of Pulaski local erosion and
sediment control program, into a unified stormwater program. The unified stormwater program is
intended to facilitate the submission and approval of plans, issuance of permits, payment of fees,
and coordination of inspection and enforcement activities into a more convenient and efficient
manner for both the Town of Pulaski and those responsible for compliance with these programs.
The Department will assist localities in identifying where the required stormwater management
provisions may be integrated into existing ordinances.
1-1. PURPOSE AND AUTHORITY. (Section 9VAC25-870-20)
(a) The purpose of this Ordinance is to ensure the general health, safety, and welfare of the
citizens of the Town of Pulaski 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 ordinance is adopted pursuant to § 62.1-44.15:27 of the Code of Virginia.
1-2. DEFINITIONS. (9VAC25-870-10)
In addition to the definitions set forth in 9VAC25-870-10 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 Ordinance have the following meanings unless otherwise
specified herein. Where definitions differ, those incorporated herein shall have precedence.
"Administrator" means the VSMP authority including the Town of Pulaski staff person or
department responsible for administering the VSMP on behalf of the locality.
"Agreement in lieu of a stormwater management plan" means 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 asingle-family residence; such contract
may be executed by the VSMP authority in lieu of a stormwater management plan.
"Applicant" means any person submitting an application for a permit or requesting issuance
of a permit under this Ordinance.
"Best management practice" or "BMP" means 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 ofland-disturbing activities.
Ordinance 2014-20/August 19, 2014 Page 1 of 18
"Common plan of development or sale" means a contiguous area where separate and distinct
construction activities may be taking place at different times on difference schedules.
"Control measure" means any best management practice or stormwater facility, or other
method used to minimize the discharge of pollutants to state waters.
"Clean Water Act" or "CWA" means 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.
"Department" means the Department of Environmental Quality.
"Development" means 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 non-agricultural or non-silvicultural purposes.
"General permit" means the state permit titled GENERAL PERMIT FOR DISCHARGES
OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in Part XIV (9VAC25-880-1
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.
"Land disturbance" or "land-disturbing activity" means aman-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 Section 1-3 (c) of this
Ordinance.
"Layout" means a conceptual drawing sufficient to provide for the specified stormwater
management facilities required at the time of approval.
"Minor modification" means 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.
"Operator" means the owner or operator of any facility or activity subject to regulation
under this Ordinance.
"Permit" or "VSMP Authority Permit" means an approval to conduct aland-disturbing
activity issued by the Administrator for the initiation of aland-disturbing activity, in accordance
with this Ordinance, and which may only be issued after evidence of general permit coverage has
been provided by the Department.
"Permittee"means the person to whom the VSMP Authority Permit is issued.
Ordinance 2014-20/August 19, 2014 Page 2 of 18
"Person" means 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.
"Regulations" means the Virginia Stormwater Management Program (VSMP) Permit
Regulations, 9VAC25-870, as amended.
"Site" means 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. Areas channel ward of mean low water in tidal Virginia shall
not be considered part of a site.
"State" means the Commonwealth of Virginia.
"State Board" means the State Water Control Board.
"State permit" means an approval to conduct aland-disturbing activity issued by the State
Board in the form of a state Stormwater individual permit or coverage issued under a state general
permit 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.
"State Water Control Law" means Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1 of the Code
of Virginia.
"State waters" means all water, on the surface and under the ground, wholly or partially
within or bordering the Commonwealth or within its jurisdiction, including wetlands.
"Stormwater" means 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.
"Stormwater management plan" means a document(s) containing material describing
methods for complying with the requirements of Section 1-6 of this Ordinance.
"Stormwater Pollution Prevention Plan" or "SWPPP" means 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 Ordinance. 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.
"Subdivision" means the same as defined in Section 74-3 of the Town of Pulaski's
Subdivision Ordinance.
Ordinance 2014-20/August 19, 2014 Page 3 of 18
"Total maximum daily load" or "TMDL" means 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. The TMDL process provides for point versus nonpoint source trade-offs.
"Virginia Stormwater Management Act" or "Act" means §62.1-44.15:24et seq. of the Code
of Virginia.
"Virginia Stormwater BMP Clearinghouse website " means 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.
"Virginia Stormwater Management Program " or "VSMP " means a program approved by
the State Board after September 13, 2011, that has been established by a locality to manage the
quality and quantity of runoff resulting from land-disturbing activities and shall include such items
as local ordinances, rules, permit requirements, annual standards and specifications, policies and
guidelines, technical materials, and requirements for plan review, inspection, enforcement, where
authorized in this article, and evaluation consistent with the requirements of this article and
associated regulations.
"Virginia Stormwater Management Program authority" or "VSMP authority" means an
authority approved by the State Board after September 13, 2011, to operate a Virginia Stormwater
Management Program.
Sec. 1-3. - STORMWATER PERMIT REQUIREMENT; EXEMPTIONS.
(a) Except as provided herein, no person may engage in any land-disturbing activity until a
VSMP authority permit or an executed agreement in lieu of a storm water plan has been
issued by the Administrator in accordance with the provisions of this Ordinance.
(b) Notwithstanding any other provisions of this Ordinance, 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 harvesting 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;
Ordinance 2014-20/August 19, 2014 Page 4 of 18
(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 that is not part of a
larger common plan of development;
(5) Discharges to a sanitary sewer or a combined sewer system;
(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) is required within 30
days of commencing the land-disturbing activity.
(c) Individual lots in new residential, commercial, or industrial developments shall not be
considered separate land-disturbing activities.
(d) Any land disturbing activity shall be considered grandfathered by the Town and shall be
subject to the Part II C technical criteria of the VSMP Regulation provided:
(1) A proffered or conditional zoning plan, zoning with a plan of development, preliminary
or final subdivision plat, preliminary or final site plan, or any document determined by
the locality to be equivalent thereto (i) was approved by the locality prior to July 1,
2012, (ii) provided a layout as defined in 9VAC25-870-10, (iii) will comply with the
Part II C technical criteria of the VSMP Regulation, and (iv) 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.
(e) Locality, state and federal projects shall be considered grandfathered by the VSMP authority
and shall be subject to the Part II C technical criteria of the VSMP Regulation provided:
Ordinance 2014-20/August 19, 2014 Page 5 of 18
(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.
(f) Land disturbing activities grandfathered under subsections A and B of this section shall
remain subject to the Part II C 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 board.
(g) 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 II C.
(h) Nothing in this section shall preclude an operator from constructing to a more stringent
standard at his discretion.
Sec. 1-4. - STORMWATER MANAGEMENT PROGRAM ESTABLISHED;
SUBMISSION AND APPROVAL OF PLANS; PROHIBITIONS.
(a) Pursuant to § 62.1-44.15:27 of the Code of Virginia, the Town of Pulaski hereby establishes
a Virginia 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 Section 1-1 of this Ordinance. The Pulaski Town
Council hereby designates the Town Engineer as the Administrator of the Virginia
stormwater management program, and authorizes the Town Engineer to delegate his duties
as administrator to a town employee(s) who is qualified by the Virginia Department of
Environmental Quality to manage stormwater programs.
(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. A person shall
not conduct any land disturbing activity until he has submitted a permit application to
the VMSP authority that included a state VSMP permit registration statement, if such
statement is required.
(2) An erosion and sediment control plan approved in accordance with the Erosion and
Sediment Control Ordinance of the Town of Pulaski; and
(3) A stormwater management plan that meets the requirements of Section 1-6 of this
Ordinance.
(4) An executed agreement in lieu of a storm water management plan.
(c) No VSMP authority permit shall be issued until evidence of general permit coverage is
obtained if such statement is required.
Ordinance 2014-20/August 19, 2014 Page 6 of 18
(d) No VSMP authority permit shall be issued until the fees required to be paid pursuant to
Section 1-15, are received, and a reasonable performance bond required pursuant to Section
1-16 of this Ordinance has been submitted.
(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 or other local permit shall be issued for a property unless a VSMP
authority permit has been issued by the Administrator.
(g) Approved stormwater management plans for residential, commercial or industrial
subdivisions govern the development of individual parcels within that plan throughout the
development life of the subdivision even if ownership changes.
(h) A registration statement is not required for detached single-family home construction within
or outside of a common plan of development or sale.
Sec. 1-5. - STORMWATER POLLUTION PREVENTION PLAN; CONTENTS OF
PLANS.
(a) The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified by
Section 9VAC25-870-54 and must also comply with the requirements and general
information set forth in Section 9VAC25-880-70, Section II [stormwater pollution
prevention plan] of the general permit.
(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.
(c) The SWPPP must be maintained by the operator at a central location onsite. If an onsite
location is unavailable, notice of the SWPPP's location must be posted near the main
entrance at the construction site. Operators shall make the SWPPP available for public
review in accordance with Section II of the general permit, either electronically or in hard
copy.
Sec. 1-6. - STORMWATER MANAGEMENT PLAN; CONTENTS OF PLAN.
(a) The Stormwater Management Plan, required in Section 1-4 of this Ordinance, must apply to
the entire land-disturbing activity, consider all sources of surface runoff and all sources of
subsurface and groundwater flows converted to surface runoff, and include the following
information:
(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;
Ordinance 2014-20/August 19, 2014 Page 7 of 18
(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.
Alternatively, the locality may allow the information that addresses the current and final
site conditions to be provided and documented during the review process;
(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;
(5) Information on the proposed stormwater management facilities, including:
(i) The type of facilities;
(ii) Location, including geographic coordinates;
(iii) Acres treated; and
(iv) The surface waters or karst features, if present, into which the facility will
discharge.
(6) Hydrologic and hydraulic computations, including runoff characteristics;
(7) Documentation and calculations verifying compliance with the water quality and
quantity requirements are set forth in the Administrative Manual available in the Office
of the Town Engineer.
(8) A map or maps of the site that depicts the topography of the site and includes:
(i) All contributing drainage areas;
(ii) Existing streams, ponds, culverts, ditches, wetlands, other water bodies,
and floodplains;
(iii) Soil types, geologic formations if karst features are present in the area,
forest cover, and other vegetative areas;
(iv) Current land use including existing structures, roads, and locations of
known utilities and easements;
(v) Sufficient information on adjoining parcels to assess the impacts of
stormwater from the site on these parcels;
(vi) The limits of clearing and grading, and the proposed drainage patterns on
the site;
(vii) Proposed buildings, roads, parking areas, utilities, and stormwater
management facilities; and
(viii) 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 this
Ordinance 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
Ordinance 2014-20/August 19, 2014 Page 8 of 18
achieve the necessary nutrient reductions prior to the commencement of the applicant's land-
disturbing activity except as otherwise allowed by § 10.1-603.8:1 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 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.
(d) A construction record drawing for permanent stormwater management facilities shall be
submitted to the Administrator. The construction record 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. An Administrator may elect not to require construction record drawings for
stormwater management facilities for which maintenance agreements are not required
pursuant to Section 1-10 (b).
Sec. 1-7. -POLLUTION PREVENTION PLAN; CONTENTS OF PLANS.
(a) Pollution Prevention Plan, required by 9VAC25-870-56, 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 to:
(1) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash
water, and other wash waters. Wash waters must be treated in a sediment basin or
alternative control that provides equivalent or better treatment prior to discharge;
(2) Minimize the exposure of building materials, building products, construction wastes,
trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste,
and other materials present on the site to precipitation and to stormwater; and
(3) Minimize the discharge of pollutants from spills and leaks and implement chemical. spill.
and leak prevention and response procedures.
(b) The pollution prevention plan shall include effective best management practices to prohibit
the following discharges:
(1) Wastewater from washout of concrete, unless managed by an appropriate control;
(2) Wastewater from washout and cleanout of stucco, paint, form. release oils, curing
compounds, and other construction materials;
(3) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance;
and
(4) Soaps or solvents used in vehicle and equipment washing.
Ordinance 2014-20/August 19, 2014 Page 9 of 18
(c) Discharges from dewatering activities, including discharges from dewatering of trenches and
excavations, are prohibited unless managed by appropriate controls.
Sec. 1-8. -REVIEW OF STORMWATER MANAGEMENT PLAN.
(a) The Administrator or any duly authorized agent of 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
Section 1-6 of this Ordinance, 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 60 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 plan shall
be deemed complete and the Administrator shall have 60 calendar days from the date of
submission to review the plan.
(3) The Administrator shall review any plan that has been previously disapproved, within 45
calendar days of the date of resubmission.
(4) During the review period, the plan shall be approved or disapproved and the decision
communicated in writing to the person responsible for the land-disturbing activity or his
designated agent. If the plan is not approved, the reasons for not approving the plan
shall be provided in writing. Approval or denial shall be based on the plan's compliance
with. the requirements of this Ordinance.
(5) If a plan meeting all requirements of this Ordinance is submitted and no action is taken
within the time provided above in subdivision (2) for review, the plan shall be deemed
approved.
(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 Section 1-10 (b).
Ordinance 2014-20/August 19, 2014 Page 10 of 18
Sec. 1-9 -LONG-TERM MAINTENANCE OF PERMANENT STORMWATER
FACILITIES
(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 a plat recorded in
the local land records prior to general permit termination 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) Be stated 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;
(5) Be enforceable by all appropriate governmental parties; and
(6) Specify the location of all stormwater facilities on the property subject to the stormwater
management plan.
Sec. 1-10. -MONITORING AND INSPECTIONS.
(a) The Administrator or any duly authorized agent of 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 or any duly authorized agent of the Administrator may, at reasonable
times and under reasonable circumstances, 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 Ordinance.
(c) In accordance with a performance bond with surety, cash escrow, letter of credit, any
combination thereof, or such other legal arrangement or instrument, the Administrator may
also enter any establishment or upon any property, public or private, for the purpose of
Ordinance 2014-20/August 19, 2014 Page 11 of 18
initiating or maintaining appropriate actions which are required by the permit conditions
associated with aland-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 [regarding protection of specified confidential information] 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
Ordinance, 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 Ordinance.
(e) Post-construction inspections of stormwater management facilities required by the
provisions of this Ordinance shall be conducted by the Administrator or any duly authorized
agent of the Administrator pursuant to the Locality's adopted and State Board approved
inspection program, and shall occur, at minimum, at least once every five (5) years except as
may otherwise be provided for in Section 1-9.
Sec. -11. -HEARINGS
(a) A locality holding hearings under this article shall do so in a manner consistent with local
hearing procedures.
(b) Any permit applicant or permittee, or person subject to Ordinance requirements, aggrieved
by any action of the Town of Pulaski taken without a formal hearing, or by inaction of the
Town, except as set forth in Subsection (e), may demand in writing a formal hearing by the
Town Council causing such grievance, provided a petition requesting such hearing is filed with
the Administrator within 30 days after notice of such action is given by the Administrator.
(c) The hearings held under this Section shall be conducted by the Town Council at a regular or
special meeting of the Town Council, or by at least one member of the Town Council
designated by the Town Council to conduct such hearings on behalf of the Town Council at any
other time and place authorized by the Town Council.
(d) A verbatim record of the proceedings of such hearings shall be taken and filed with the
Town Council. Depositions may be taken and read as in actions at law.
(e) The Town Council or its designated member, as the case may be, shall have power to issue
subpoenas and subpoenas duces tecum, and at the request of any party shall issue such
subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce
documents shall be acted upon by the local governing body, or its designated member, whose
action may include the procurement of an order of enforcement from the circuit court.
Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in
civil actions.
(f) This section shall not apply to any applicant aggrieved by action of the Town of Pulaski in
disapproving plans submitted pursuant to this ordinance. The remedy for such applicants is
described in Section 1-12 of this ordinance.
Ordinance 2014-20/August 19, 2014 Page 12 of 18
Sec. 1-12. -APPEALS.
(a) The provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall not apply to
decisions rendered by localities. Appeals of decisions rendered by localities shall be
conducted in accordance with local appeal procedures and shall include an opportunity for
judicial review in the circuit court of the locality in which the land disturbance occurs or is
proposed to occur. Unless otherwise provided by law, the circuit court shall conduct such
review in accordance with the standards established in § 2.2-4027, and the decisions of the
circuit court shall be subject to review by the Court of Appeals, as in other cases under this
article.
(b) Any applicant under the provision of this ordinance who is aggrieved by any action of the
Town of Pulaski or its agent in disapproving plans submitted pursuant to this ordinance shall
have the right to apply for and receive a review of such action by the Town of Pulaski. The
appeal shall be filed with the Town Engineer. Any applicant who seeks an appeal hearing
before the Town of Pulaski Planning Commission shall be heard according to the schedule
published annually by the Planning Commission and available in the Office of the Zoning
Administrator. In reviewing the agent's actions, the Town of Pulaski Planning Commission
shall consider evidence and opinions presented by the aggrieved applicant and agent. After
considering the evidence and opinions, the Town of Pulaski Planning Commission may
affirm, reverse or modify the action. The Town of Pulaski Planning Commission's decision
shall be subject to review by the Town of Pulaski Town Council at the next regularly
scheduled Council Meeting following the Planning Commission meeting wherein the
Planning Commission made a decision on the appeal. The Town Council may refer the
appeal back to the Planning Commission for further fact-finding by that body or request that
the parties provide additional facts and information regarding the appeal before rendering its
decision.. The Pulaski Town Council's decision shall be subject to review by the Circuit
Court of Pulaski County.
(c) Final decisions of the Town of Pulaski under this ordinance shall be subject to review by the
County of Pulaski Circuit Court, provided 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 appeal shall be filed
with the Town Engineer.
Sec. 1-13. -ENFORCEMENT
(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 any of the
following: verbal warnings and inspection reports, notices of corrective action, consent
special orders, and notices to comply. Written notices shall be served 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
Ordinance 2014-20/August 19, 2014 Page 13 of 18
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 and the permittee or
person responsible for carrying out the plan shall be deemed to be in violation of this
ordinance and shall be subject to the penalties provided in this ordinance, Subsection (d).
(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.
Such orders 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 locality, or by
personal delivery by an agent of the Administrator.
(b} If the Administrator finds that any violation of this ordinance 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 before the Administrator or his
designee, 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 an informal or
formal proceeding in the Circuit Court of Pulaski County to compel the applicant or
permittee to obey same and comply therewith by injunction, mandamus, or other
appropriate remedy in accordance with Subsection 1-14 (c). Upon completion and
approval of corrective action or obtaining an approved plan or any required permits, the
order shall be immediately lifted.
Nothing in this section shall prevent the Administrator from taking any other action
authorized by this ordinance.
(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 Pulaski County Circuit.
(dj Any person who violates any provision of this Ordinance 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:
(i) No state permit registration;
(ii) No S WPPP;
Ordinance 2014-20/August 19, 2014 Page 14 of 18
(iii) Incomplete S WPPP;
(iv) SWPPP not available for review;
(v) No approved erosion and sediment control plan;
(vi) Failure to install stormwater BMPs or erosion and sediment controls;
(vii) Stormwater BMPs or erosion and sediment controls improperly installed or
maintained;
(viii) Operational deficiencies;
(ix) Failure to conduct required inspections;
(x) Incomplete, improper, or missed inspections; and
(2) The Administrator may issue a summons for collection of the civil penalty and the action
may be prosecuted in the Pulaski County Circuit 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) Any civil penalties assessed by a court as a result of a summons issued by the Locality
shall be paid into the treasury of the Town of Pulaski to be used for the purpose of
minimizing, preventing, managing, or mitigating pollution of the waters of the locality
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 Ordinance, any
order of the Administrator, any condition of a permit, or any order of a court shall be
guilty of a 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.
Sec. 1-14. -FEES
(a) Fees to cover costs associated with implementation of
activities and issuance of general permit coverage and
imposed in accordance with Table of Fees available in
The Town Engineer is hereby authorized and directed t
Fees to cover these costs.
a VSMP related t~
VSMP authority
the Office of the
land disturbing
permits shall be
Town Engineer.
o develop and publish a Table of
In establishing the fee schedule under this subdivision, the Department shall ensure that the
VSMP authority portion of the statewide permit fee for coverage under the General Permit
for Discharges of Stormwater for Construction Activities for small construction activity
involving a single family detached residential structure with a site or area, within or outside
a common plan of development or sale, that is equal to or greater than one acre but less than
five acres shall be no greater than the VSMP authority portion of the fee for coverage of
sites or areas with aland-disturbance acreage of less than one acre within a common plan of
development or sale.
(b) Fees for the modification or transfer of registration statements from the general permit
issued by the State Board shall be imposed in accordance with a Table of Fees available in
Ordinance 2014-20/August 19, 2014 Page 15 of 18
the Office of the Town Engineer. If the general permit modifications result in changes to
stormwater management plans that require additional review by the Town of Pulaski, such
reviews shall be subject to the fees set out in a Table of Fees available in the Office of the
Town Engineer. 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.
(c) Annual permit maintenance shall be imposed in accordance with a Table of Fees available in
the Office of the Town Engineer, 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.
General permit coverage maintenance fees shall be paid annually to the Town of Pulaski, 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.
(d) The fees described in Subsections (a) through (c) above, shall apply to:
(1) All persons seeking coverage under the general permit.
(2) All permittees who request modifications to or transfers of their existing registration
statement for coverage under a general permit.
(3) Persons whose coverage under the general permit has been revoked shall apply to the
Department for an Individual Permit for Discharges of Stormwater From Construction
Activities.
(4) Permit and permit coverage maintenance fees outlined under Section 1-15 (c) may apply
to each general permit holder.
(e) No general permit application fees will be assessed to:
(1) Permittees who request minor modifications to general permits as defined in Section 1-2
of this Ordinance. 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.
(2) 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.
(f) All incomplete payments will be deemed as non-payments, 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 10% late payment fee shall be charged to
Ordinance 2014-20/August 19, 2014 Page 16 of 18
any delinquent (over 90 days past due) account. The Town of Pulaski shall be entitled to all
remedies available under the Code of Virginia in collecting any past due amount.
1-15. Performance Bond (9VAC25-870-104.D and Code § 62.1-44.15:34(A)) [Optional]
(a) Bond. All applicants for permits shall provide to the Town of Pulaski a performance bond,
cash escrow, or an irrevocable letter of credit acceptable to the county engineer, to ensure
that measures could be taken by the Town of Pulaski at the applicant's expense should the
applicant fail, after proper notice, within the time specified to initiate or maintain
appropriate conservation measures required of him by the approved plan as a result of his
land-disturbing activity.
The amount of the bond or other security for performance shall not exceed the total of the
estimated cost to initiate and maintain the appropriate conservation action based on unit
price for new public or private sector construction in the Town of Pulaski and a reasonable
allowance for estimated administrative costs and inflation which shall not exceed twenty-
five (25) percent of the estimated cost of the conservation action should it be necessary for
the Town of Pulaski to take such conservation action, the county may collect from the
applicant any costs in excess of the amount of the surety held.
Within sixty (60) days of adequate stabilization, as determined by the Town Engineer in any
project or section of a project, such bond, cash escrow or letter of credit, or the unexpended
or unobligated portion thereof, shall be either refunded to the applicant or terminated, based
on the percentage of stabilization accomplished in the project or section. These requirements
are in addition to all other provisions relating to the issuance of permits and are not intended
to otherwise affect the requirements for such permits.
1-16. Severability
If any provision of this ordinance is held to be unconstitutional or invalid, such
unconstitutional or invalidity shall not affect the remaining provisions.
1-17. Amendments
This ordinance may be amended in whole or in part by the Town Council of Pulaski,
Virginia provided that such amendments shall either originate with or be submitted to the
Council for recommendation; and further provided that no such amendment shall be adopted
without a public hearing having been held. Notice of the public hearing shall be in
accordance with Section 15.10431 of the Code of Virginia, 1950, as amended.
1-18. .Effective Date:
This ordinance shall be effective on and after July 1, 2014.
Ordinance 2014-20/August 19, 2014 Page 17 of 18
NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia
sitting in regular session this 19~' day of August 2014 that this ordinance is hereby approved by the
duly recorded vote of the Town Council of the Town as follows:
Heather L. Steele -Aye H.M. Kidd -Aye
Gregory C. East -Aye James A. Radcliffe -Aye
David L. Clark -Absent Lane R. Penn -Aye
THE TOWN OF PULASKI, VIRGINIA
ey S. Worrell, Mayor
ATTEST:
Date
Ordinance 2014-20/August 19, 2014 Page 18 of 18
Patricia Cruise, Clerk of Council