Chapter 13.01 EROSION AND STORMWATER MANAGEMENT

All references to the Code of Virginia, the Virginia Administrative Code, and the Code of Federal Regulations shall incorporate any future amendments to those code provisions.

The purpose of this title is to establish a stormwater utility fee, to establish minimum stormwater management (SWM) and erosion and sediment control (ESC) requirements and controls to help ensure the general health, safety, and welfare of the citizens of the city of Staunton and to help protect the quality and quantity of state and local 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 SWM and ESC requirements shall be administered and enforced. This chapter seeks to advance these purposes through the following initiatives:

(1) Continue to provide a funding mechanism of supplemental resources for public stormwater management improvements within the city;

(2) Require the use of low-impact development (LID) on all new development or redevelopment projects;

(3) Require that land development and land conversion activities maintain the same after-development runoff characteristics as the predevelopment runoff characteristics in order to reduce flooding, siltation, stream bank erosion, and property damage;

(4) Establish minimum design criteria for the protection of downstream properties and aquatic resources from damages due to increases in stormwater runoff volume, velocity, and peak flow rate resulting from land development;

(5) Establish minimum design criteria for measures to minimize nonpoint source pollution from stormwater runoff;

(6) Establish provisions for the perpetual responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of runoff;

(7) Establish certain administrative procedures for the submission, review, approval, and disapproval of erosion and sediment control plans, comprehensive drainage plans, and the inspection of approved projects. (Ord. 2024-23).

13.01.015 Definitions.

When used in this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

(1) “Adequate channel” means a channel that will convey the designated frequency storm event without overtopping the channel bank nor causing erosive damage to the channel bed or banks.

(2) “Administrator” means the city of Staunton environmental programs administrator.

(3) “Agreement in lieu of a plan” means a contract between the city of Staunton and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of the VESMA and this chapter for the construction of a (a) single-family detached residential structure, or (b) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent; such contract may be executed by the city of Staunton in lieu of a soil erosion control and stormwater management plan.

(4) “Applicant” means the person submitting a soil erosion control and stormwater management plan to the VESMP authority also known as the city of Staunton, for approval to obtain authorization to commence a land-disturbing activity.

(5) “Best management practice” or “BMP” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices, including both structural and nonstructural practices, to prevent or reduce the pollution of surface waters and groundwater systems.

(a) “Nonproprietary best management practice” means both structural and nonstructural practices to prevent or reduce the pollution of surface waters and groundwater systems that are in the public domain and are not protected by trademark or patent or copyright.

(b) “Proprietary best management practice” means both structural and nonstructural practices to prevent or reduce the pollution of surface waters and groundwater systems that are privately owned and controlled and may be protected by trademark or patent or copyright.

(6) “Board” means the state Water Control Board.

(7) “Causeway” means a temporary structural span constructed across a flowing watercourse or wetland to allow construction traffic to access the area without causing erosion damage.

(8) “Channel” means a natural stream or manmade waterway.

(9) “Chesapeake Bay Preservation Act” means Article 2.5 (Section 62.1-44.15:67 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.

(10) “Chesapeake Bay preservation area” means any land designated by a local government pursuant to Part III (9 VAC 25-830-70 et seq.) of the Chesapeake Bay preservation area designation and management regulations and Section 62.1-44.15:74 of the Code of Virginia. A Chesapeake Bay preservation area shall consist of a resource protection area and a resource management area as defined in the Chesapeake Bay preservation area designation and management regulations (9 VAC 25-830).

(11) “Clean Water Act” or “CWA” means the federal Clean Water Act (33 USC 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.

(12) “Cofferdam” means a watertight temporary structure in a river, lake, etc., for keeping the water from an enclosed area that has been pumped dry so that bridge foundations, dams, etc., may be constructed.

(13) “Common plan of development or sale” means a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules.

(14) “Comprehensive stormwater management plan” means a plan, which may be integrated with other land use plans or regulations, that specifies how the water quality components, quantity components, or both of stormwater are to be managed on the basis of an entire watershed or a portion thereof. The plan may also provide for the remediation of erosion, flooding, and water quality and quantity problems caused by prior development.

(15) “Construction general permit” or “CGP” means the Virginia Department of Environmental Quality, construction general permit coverage.

(16) “Construction activity” means any clearing, grading, or excavation associated with large construction activity or associated with small construction activity.

(17) “Control measure” means any BMP, stormwater facility, or other method used to minimize the discharge of pollutants to state waters.

(18) “CWA and regulations” means the Clean Water Act and applicable regulations published in the Code of Federal Regulations promulgated thereunder. For the purposes of this chapter, it includes state program requirements.

(19) “Dam” means a barrier to confine or raise water for storage or diversion, to create a hydraulic head, to prevent gully erosion, or to retain soil, rock or other debris.

(20) “Denuded” is a term applied to land that has been physically disturbed and no longer supports vegetative cover.

(21) “Department” means the Virginia Department of Environmental Quality.

(22) “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 nonagricultural or nonsilvicultural purposes. The regulation of discharges from development, for purposes of stormwater management, does not include the exclusions found in 9 VAC 25-875-860.

(23) “Dike” means an earthen embankment constructed to confine or control water, especially one built along the banks of a river to prevent overflow of lowlands; levee.

(24) “Discharge,” when used without qualification, means the discharge of a pollutant.

(25) “Discharge of a pollutant” means:

(a) Any addition of any pollutant or combination of pollutants to state waters from any point source; or

(b) Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation.

This definition includes additions of pollutants into surface waters from: surface runoff that is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person that do not lead to a treatment works; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any indirect discharger.

(26) “District” or “soil and water conservation district” means a political subdivision of the Commonwealth organized in accordance with the provisions of Article 3 (Section 10.1-506 et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia.

(27) “Diversion” means a channel with a supporting ridge on the lower side constructed across or at the bottom of a slope for the purpose of intercepting surface runoff.

(28) “Dormant” means denuded land that is not actively being brought to a desired grade or condition.

(29) “Drainage area” means a land area, water area, or both from which runoff flows to a common point.

(30) “Energy dissipator” means a nonerodible structure that reduces the velocity of concentrated flow to reduce its erosive effects.

(31) “Environmental Protection Agency” or “EPA” means the United States Environmental Protection Agency.

(32) “Erosion and sediment control plan” means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.

(33) “Erosion impact area” means an area of land that is not associated with a current land-disturbing activity but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where erosion results from wave action or other coastal processes.

(34) “ESC” means erosion and sediment control.

(35) “ESM plan” means a soil erosion control and stormwater management plan, commonly referred to as the erosion control and stormwater management plan.

(36) “Farm building or structure” means the same as that term is defined in Section 36-97 of the Code of Virginia and also includes any building or structure used for agritourism activity, as defined in Section 3.2-6400 of the Code of Virginia, and any related impervious services including roads, driveways, and parking areas.

(37) “Flood fringe” means the portion of the floodplain outside the floodway that is usually covered with water from the 100-year flood or storm event. This includes the flood or floodway fringe designated by the Federal Emergency Management Agency.

(38) “Flooding” means a volume of water that is too great to be confined within the banks or walls of the stream, water body, or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage.

(39) “Floodplain” means the area adjacent to a channel, river, stream, or other water body that is susceptible to being inundated by water normally associated with the 100-year flood or storm event. This includes the floodplain designated by the Federal Emergency Management Agency.

(40) “Flood-prone area” means the component of a natural or restored stormwater conveyance system that is outside the main channel. Flood-prone areas may include the floodplain, the floodway, the flood fringe, wetlands, riparian buffers, or other areas adjacent to the main channel.

(41) “Floodway” means the channel of a river or other watercourse and the adjacent land areas, usually associated with flowing water, that must be reserved in order to discharge the 100-year flood or storm event without cumulatively increasing the water surface elevation more than one foot. This includes the floodway designated by the Federal Emergency Management Agency.

(42) “Flume” means a constructed device lined with erosion-resistant materials intended to convey water on steep grades.

(43) “General permit” means a permit authorizing a category of discharges under the CWA and the VESMA within a geographical area.

(44) “Hydrologic unit code” or “HUC” means a watershed unit established in the most recent version of Virginia’s 6th Order National Watershed Boundary Dataset unless specifically identified as another order.

(45) “Impervious cover” means a surface composed of material that significantly impedes or prevents the natural infiltration of water into the soil.

(46) “Incorporated place” means a city, town, township, or village that is incorporated under the Code of Virginia.

(47) “Inspection” means an on-site review of the project’s compliance with any applicable design criteria, or an on-site review to obtain information or conduct surveys or investigations necessary in the implementation or enforcement of the VESMA and applicable regulations.

(48) “Karst area” means any land area predominantly underlain at the surface or shallow subsurface by limestone, dolomite, or other soluble bedrock regardless of any obvious surface karst features.

(49) “Karst features” means sinkholes, sinking and losing streams, caves, large flow springs, and other such landscape features found in karst areas.

(50) “Land disturbance” or “land-disturbing activity” means a manmade change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading, excavating, or filling of land.

(51) “Land-disturbance approval” means an approval allowing a land-disturbing activity to commence issued by the city of Staunton after the requirements of Section 62.1-44.15:34 of the Code of Virginia have been met.

(52) “Large construction activity” means construction activity including clearing, grading, and excavation, except operations that result in the disturbance of less than five acres of total land area. Large construction activity also includes the disturbance of less than five acres of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or the original purpose of the facility.

(53) “Linear development project” means a land-disturbing activity that is linear in nature such as, but not limited to, (a) the construction of electric and telephone utility lines, and natural gas pipelines; (b) construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; (c) highway construction projects; (d) construction of stormwater channels and stream restoration activities; and (e) water and sewer lines. Private subdivision roads or streets shall not be considered linear development projects.

(54) “Live watercourse” means a definite channel with bed and banks within which concentrated water flows continuously.

(55) “Locality” means the city of Staunton.

(56) “Localized flooding” means smaller-scale flooding that may occur outside of a stormwater conveyance system. This may include high water, ponding, or standing water from stormwater runoff, which is likely to cause property damage or unsafe conditions.

(57) “Main channel” means the portion of the stormwater conveyance system that contains the base flow and small frequent storm events.

(58) “Manmade” means constructed by man.

(59) “Minimize” means to reduce or eliminate the discharge of pollutants to the extent achievable using stormwater controls that are technologically available and economically practicable.

(60) “Minor modification” means modifications and amendments not requiring extensive review and evaluation including 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 permit modification or amendment does not substantially alter 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.

(61) “Natural channel design concepts” means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bank full storm event within its banks and allows larger flows to access its bank full bench and its floodplain.

(62) “Natural stream” means a tidal or nontidal watercourse that is part of the natural topography. It usually maintains a continuous or seasonal flow during the year and is characterized as being irregular in cross-section with a meandering course. Constructed channels such as drainage ditches or swales shall not be considered natural streams; however, channels designed utilizing natural channel design concepts may be considered natural streams.

(63) “Nonerodable” means a material, e.g., riprap, concrete, plastic, etc., that will not experience surface wear due to natural forces.

(64) “Nonpoint source pollution” means pollution such as sediment, nitrogen, phosphorous, hydrocarbons, heavy metals, and toxins whose sources cannot be pinpointed but rather are washed from the land surface in a diffuse manner by stormwater.

(65) “Operator” means the owner or operator of any facility or activity subject to the VESMA and this chapter. In the context of stormwater associated with large or small construction activity, “operator” means any person associated with a construction project that meets either of the following two criteria: (a) the person has direct operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications, or (b) the person has day-to-day operational control of those activities at a project that is necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit or the city of Staunton permit conditions (i.e., they are authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or comply with other permit conditions).

(66) “Owner” means the same as that term is defined in Section 62.1-44.3 of the Code of Virginia. For a regulated land-disturbing activity that does not require a permit, “owner” also means the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.

(67) “Peak flow rate” means the maximum instantaneous flow from a prescribed design storm at a particular location.

(68) “Percent impervious” means the impervious area within the site divided by the area of the site multiplied by 100.

(69) “Permit” means a VPDES permit issued by the department pursuant to Section 62.1-44.15 of the Code of Virginia for stormwater discharges from a land-disturbing activity.

(70) “Permittee” means the person to whom the permit is issued.

(71) “Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity.

(72) “Point of discharge” means a location at which concentrated stormwater runoff is released.

(73) “Point source” means any discernible, confined, and discrete conveyance including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.

(74) “Pollutant discharge” means the average amount of a particular pollutant measured in pounds per year or other standard reportable units as appropriate, delivered by stormwater runoff.

(75) “Pollution” means such alteration of the physical, chemical, or biological properties of any state waters as will or is likely to create a nuisance or render such waters: (a) harmful or detrimental or injurious to the public health, safety, or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses; provided, that (i) an alteration of the physical, chemical, or biological property of state waters, or a discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not sufficient to cause pollution, but which, in combination with such alteration of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii) contributing to the contravention of standards of water quality duly established by the state Water Control Board, are “pollution” for the terms and purposes of this chapter.

(76) “Post-development” refers to conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land.

(77) “Predevelopment” refers to the conditions that exist at the time that plans for the land-disturbing activity are submitted to the city of Staunton. Where phased development or plan approval occurs (preliminary grading, demolition of existing structures, roads and utilities, etc.), the existing conditions at the time prior to the commencement of land-disturbing activity shall establish predevelopment conditions.

(78) “Prior developed lands” means land that has been previously utilized for residential, commercial, industrial, institutional, recreation, transportation, or utility facilities or structures, and that will have the impervious areas associated with those uses altered during a land-disturbing activity.

(79) “Qualified personnel” means a person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls who possesses the skills to assess conditions at the construction site for the operator that could impact stormwater quality and quantity and to assess the effectiveness of any sediment and erosion control measures or stormwater management facilities selected to control the quality and quantity of stormwater discharges from the construction activity.

(80) “Responsible land disturber” or “RLD” means an individual holding a certificate issued by the department who is responsible for carrying out the land-disturbing activity in accordance with the approved erosion and sediment control plan or ESM plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the erosion and sediment control plan, ESM plan, or permit as defined in this chapter as a prerequisite for engaging in land disturbance.

(81) “Runoff” or “stormwater runoff” means that portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways.

(82) “Runoff characteristics” includes maximum velocity, peak flow rate, volume, and flow duration.

(83) “Runoff volume” means the volume of water that runs off the land development project from a prescribed storm event.

(84) “Sediment basin” means a temporary impoundment built to retain sediment and debris with a controlled stormwater release structure.

(85) “Sediment trap” means a temporary impoundment built to retain sediment and debris which is formed by constructing an earthen embankment with a stone outlet.

(86) “Sheet flow” (also called overland flow) means shallow, unconcentrated and irregular flow down a slope. The length of strip for overland flow usually does not exceed 200 feet under natural conditions.

(87) “Shoreline erosion control project” means an erosion control project approved by local wetlands boards, the Virginia Marine Resources Commission, the department, or the United States Army Corps of Engineers and located on tidal waters and within nonvegetated or vegetated wetlands as defined in Title 28.2 of the Code of Virginia.

(88) “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.

(89) “Site hydrology” means the movement of water on, across, through, and off the site as determined by parameters including soil types, soil permeability, vegetative cover, seasonal water tables, slopes, land cover, and impervious cover.

(90) “Slope drain” means tubing or conduit made of nonerosive material extending from the top to the bottom of a cut or fill slope with an energy dissipator at the outlet end.

(91) “Small construction activity” means:

(a) Construction activities including clearing, grading, and excavating that results in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or the original purpose of the facility. The department may waive the otherwise applicable requirements in a general permit for a stormwater discharge from construction activities that disturb less than five acres where stormwater controls are not needed based on an approved “total maximum daily load” (TMDL) that addresses the pollutants of concern or, for nonimpaired waters that do not require TMDLs, an equivalent analysis that determines allocations for small construction sites for the pollutants of concern or that determines that such allocations are not needed to protect water quality based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. For the purpose of this subsection, the pollutants of concern include sediment or a parameter that addresses sediment (such as total suspended solids, turbidity, or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. The operator shall certify to the department that the construction activity will take place, and stormwater discharges will occur, within the drainage area addressed by the TMDL or provide an equivalent analysis. As of the start date in Table 1 of 9 VAC 25-31-1020, all certifications submitted in support of the waiver shall be submitted electronically by the owner or operator to the department in compliance with this subsection and 40 CFR Part 3 (including, in all cases, 40 CFR Part 3 Subpart D), 9 VAC 25-875-940, and Part XI (9 VAC 25-31-950 et seq.) of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation. Part XI of 9 VAC 25-31 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Part XI of 9 VAC 25-31, permittees may be required to report electronically if specified by a particular permit.

(b) Any other construction activity designated by either the department or the EPA regional administrator, based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters.

(92) “Soil erosion” means the movement of soil by wind or water into state waters or onto lands in the commonwealth.

(93) “Soil erosion control and stormwater management plan,” commonly referred to as the erosion control and stormwater management plan, or “ESM plan,” means a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to the VESMA. The ESM plan may consist of aspects of the erosion and sediment control plan and the stormwater management plan as each is described in this chapter.

(94) “Stabilized” means land that has been treated to withstand normal exposure to natural forces without incurring erosion damage.

(95) “State” means the commonwealth of Virginia.

(96) “State application” or “application” means the standard form or forms, including any additions, revisions, or modifications to the forms, approved by the administrator and the department for applying for a permit.

(97) “State Water Control Law” means Chapter 3.1 (Section 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.

(98) “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.

(99) “Storm sewer inlet” means a structure through which stormwater is introduced into an underground conveyance system.

(100) “Stormwater,” for the purposes of the VESMA, 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.

(101) “Stormwater conveyance system” means a combination of drainage components that are used to convey stormwater discharge, either within or downstream of the land-disturbing activity. This includes:

(a) “Manmade stormwater conveyance system” means a pipe, ditch, vegetated swale, or other stormwater conveyance system constructed by man except for restored stormwater conveyance systems;

(b) “Natural stormwater conveyance system” means the main channel of a natural stream and the flood-prone area adjacent to the main channel; or

(c) “Restored stormwater conveyance system” means a stormwater conveyance system that has been designed and constructed using natural channel design concepts. Restored stormwater conveyance systems include the main channel and the flood-prone area adjacent to the main channel.

(102) “Stormwater detention” means the process of temporarily impounding runoff and discharging it through a hydraulic outlet structure to a downstream conveyance system.

(103) “Stormwater management facility” means a control measure that controls stormwater runoff and changes the characteristics of that runoff including the quantity and quality, the period of release or the velocity of flow.

(104) “Stormwater management plan” means a document containing material describing methods for complying with the requirements of the VESMP.

(105) “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. A SWPPP required under the VESMP for construction activities shall identify and require the implementation of control measures and shall include or incorporate by reference an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.

(106) “Subdivision” means the same as defined in Section 15.2-2201 of the Code of Virginia.

(107) “Surface waters” means:

(a) All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;

(b) All interstate waters, including interstate wetlands;

(c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:

(i) That are or could be used by interstate or foreign travelers for recreational or other purposes;

(ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

(iii) That are used or could be used for industrial purposes by industries in interstate commerce;

(d) All impoundments of waters otherwise defined as surface waters under this definition;

(e) Tributaries of waters identified in subsections (107)(a) through (107)(d) of this section;

(f) The territorial sea; and

(g) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (107)(a) through (107)(f) of this section.

Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA and the law, are not surface waters. Surface waters do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other agency, for the purposes of the CWA, the final authority regarding the CWA jurisdiction remains with the EPA.

(108) “SWM” means stormwater management.

(109) “Temporary vehicular stream crossing” means a temporary nonerodible structural span installed across a flowing watercourse for use by construction traffic. Structures may include bridges, round pipes or pipe arches constructed on or through nonerodible material.

(110) “Ten-year storm” means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 10 years. It may also be expressed as an exceedance probability with a 10 percent chance of being equaled or exceeded in any given year.

(111) “Total maximum daily load” or “TMDL” means the sum of the individual wasteload allocations for point sources, load allocations (LAs) 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.

(112) “Two-year storm” means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in two years. It may also be expressed as an exceedance probability with a 50 percent chance of being equaled or exceeded in any given year.

(113) “Virginia Stormwater Management and Erosion and Sediment Control Act” or “VESMA” means Article 2.3 (Section 62.1-44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of the Code of Virginia.

(114) “Virginia Erosion and Stormwater Management Program” or “VESMP” means a program established by the city of Staunton for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The program shall include such items as local ordinances, rules, requirements for permits and land-disturbance approvals, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement consistent with the requirements of the VESMA.

(115) “Virginia Erosion and Stormwater Management Program authority” or “local authority” means “city of Staunton” approved by the department to operate the VESMP.

(116) “Virginia Pollutant Discharge Elimination System (VPDES) permit” or “VPDES permit” means a document issued by the department pursuant to the state Water Control Law authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters.

(117) “Virginia Stormwater BMP Clearinghouse” means a collection that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the VESMA and associated regulations.

(118) “Virginia Stormwater Management Handbook” means a collection of pertinent information that provides general guidance for compliance with the VESMA and associated regulations and is developed by the department with advice from a stakeholder advisory committee.

(119) “Wasteload allocation” or “wasteload” means the portion of a receiving surface water’s loading or assimilative capacity allocated to one of its existing or future point sources of pollution. Wasteload allocations are a type of water quality-based effluent limitation.

(120) “Water quality technical criteria” means standards set forth in regulations adopted pursuant to the VESMA that establish minimum design criteria for measures to control nonpoint source pollution.

(121) “Water quantity technical criteria” means standards set forth in regulations adopted pursuant to the VESMA that establish minimum design criteria for measures to control localized flooding and stream channel erosion.

(122) “Watershed” means a defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet. In karst areas, the karst feature to which water drains may be considered the single outlet for the watershed.

(123) “Wetlands” means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Ord. 2024-23).

13.01.020 Applicability.

Provisions of this title shall be applicable to all subdivisions, site plans, or land use conversion applications, unless eligible for an exception under the specifications of this title. The provisions of this title also apply to land development activities that are smaller than the minimum applicability criteria, if such activities are part of a larger common plan of development that meets the applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans must also be reviewed by the administrator to ensure that established water quality and quantity standards will be maintained during and after the development of the site and that postconstruction runoff levels are consistent with any local and regional watershed plans. (Ord. 2024-23).

13.01.025 Virginia Erosion and Stormwater Management Program established.

Pursuant to Section 62.1-44.15:27 of the Code of Virginia, the city of Staunton hereby establishes a Virginia Erosion and Stormwater Management Program for land-disturbing activities and adopts the Virginia Erosion and Stormwater Management Program Regulation that sets forth standards and specifications for VESMPs promulgated by the State Water Control Board for the purposes set out in this chapter. The city of Staunton hereby designates the city manager or their designee as the administrator of the Virginia Erosion and Stormwater Management Program established by this chapter. (Ord. 2024-23).

13.01.030 Regulated land-disturbing activities.

(1) Land-disturbing activities that meet one of the criteria below are regulated as follows:

(a) Land-disturbing activity which includes any “agreement in lieu of a plan” that specifies methods that shall be implemented to comply with the requirements of the VESMA and this chapter for the construction of a (i) single-family detached residential structure, or (ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent; such contract may be executed by the city of Staunton in lieu of a soil erosion control and stormwater management plan.

(b) Land-disturbing activity that disturbs 10,000 square feet or more, is less than one acre, and is not part of a common plan of development or sale, is subject to criteria defined in Article 2 (9 VAC 25-875-540 et seq.) of Part V of the Virginia Erosion and Stormwater Management Regulation (Regulation).

(c) Land-disturbing activity that disturbs less than one acre, but is part of a larger common plan of development or sale that disturbs one acre or more, is subject to criteria defined in Article 2 (9 VAC 25-875-540 et seq.) and Article 3 (9 VAC 25-875-570 et seq.) of Part V unless Article 4 (9 VAC 25-875-670 et seq.) of Part V of the Regulation is applicable, as determined in accordance with 9 VAC 25-875-480 and 9 VAC 25-875-490.

(d) Land-disturbing activity that disturbs one acre or more is subject to criteria defined in Article 2 (9 VAC 25-875-540 et seq.) and Article 3 (9 VAC 25-875-570 et seq.) of Part V unless Article 4 (9 VAC 25-875-670 et seq.) of Part V is applicable, as determined in accordance with 9 VAC 25-875-480 and 9 VAC 25-875-490.

(2) Land-disturbing activities exempt per 9 VAC 25-875-90 are not required to comply with the requirements of the VESMA unless otherwise required by federal law.

Table 1: Regulated Land-Disturbing Activities
	ESC Plan and Land- Disturbing Permit Required	SWM Plan and VSMP Permit Required	Pollution Prevention Plan Required	Additional Control Measures – TMDL
Development < 10,000 ft2 and not part of a common plan of development disturbing ≥ 10,000 ft2.	NO	NO	NO	NO
Development < 10,000 ft2 and is part of a common plan of development disturbing ≥ 10,000 ft2 but ≤ 1 acre.	YES	NO	NO	YES
Development < 10,000 ft2 and is part of a common plan of development disturbing ≥ 1 acre.	YES	YES	YES	YES
Development ≥ 10,000 ft2 and < 1 acre and is not part of a common plan of development disturbing ≥ 1 acre.	YES	NO	NO	YES
Development disturbing ≥ 1 acre or is part of a common plan of development disturbing ≥ 1 acre.	YES	YES	YES	YES

(Ord. 2024-23).

13.01.035 Permit application procedures.

(1) VESMP Permit Application Procedure.

(a) Applications for a VESMP permit must be filed with the administrator on any business day. Permit applications shall be accompanied by the following:

(i) VESMP general construction permit registration statement, signed by the owner; except for the construction of a single-family residence (agreement in lieu of a plan);

(ii) A city VESMP/land disturbance permit application;

(iii) The VESMP plan submittal checklist;

(iv) Seven copies of the VESMP final plan;

(v) Two hard-bound copies of the stormwater pollution prevention plan (SWPPP);

(vi) Two hard-bound copies of the pollution prevention plan (if not included as part of the SWPPP);

(vii) Two copies, signed and executed by the owner, of the stormwater management inspection and maintenance agreement documents;

(viii) Written certification by the contractor and owner that the plan will be followed and that all land clearing, construction, land development, and drainage will be done according to the approved plan;

(ix) Any required review fees in accordance with Chapter 18.220 SCC;

(x) Any required performance bond in accordance with SCC 13.01.040. (Ord. 2024-23).

13.01.040 Performance bonds.

(1) The city requires the submittal of a performance security or bond with surety, cash escrow, letter of credit, or such other acceptable legal arrangement (performance security), in a form satisfactory to the administrator, before issuance of a permit to ensure that the stormwater management and erosion and sediment control practices are installed by the permit holder as required by the approved stormwater management and/or erosion and sediment control plan. The stormwater management facilities to be included by reference in this performance bond are any structural facilities, including but not limited to landscaping, piping, and other materials, required for the adequate performance of the facility. Storm sewers or structures within public rights-of-way are not included in this bond; however, any portion of the storm system from the rights-of-way to the structural facility necessary for the function of the facility shall be included by reference in the bond.

(2) The amount of the performance security shall be $2,500 per acre of total land disturbance or fraction thereof. Where the land-disturbing activity results from the construction of a single-family residence with less than 10,000 square feet of total land disturbance, a performance bond of $2,500 must be provided.

(3) The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions that may be required of the applicant in accordance with the approved stormwater management plan.

(4) If the applicant fails to repair the failure, the city may enter the property and complete the repairs to the stormwater management facility and collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held.

(5) Within 60 days or such other reasonable time after the completion of the requirements of the approved erosion and sediment control plan, to include 90 percent permanent vegetative ground cover, and stormwater management plan in the form of a certified as-built report and survey, such bond, cash escrow, letter of credit or other legal arrangement shall be refunded to the applicant or terminated.

(6) The landscaping portion of the comprehensive drainage plan shall be inspected one year after installation with replacement in accordance with the final plans and specifications prior to final release.

(7) These requirements are in addition to all other provisions of city ordinances relating to the issuance of such plans and are not intended to otherwise affect the requirements for such plans.

(8) Projects on property owned and operated by the city of Staunton, Virginia, or the school board of the city of Staunton, Virginia, shall be exempt from such performance bond requirements. (Ord. 2024-23).

13.01.045 Permit fees.

(1) Applicants seeking a VESMP permit shall pay a fee prior to the issuance of such permit. Except for the construction of a single-family residence (agreement in lieu), applicants seeking a VESMP permit shall also pay an additional fee directly to the Department of Environmental Quality. Permit fees shall be paid to the city as follows:

(a) City VESMP/land disturbance permit: $3,000.

(b) Agreement in lieu of an erosion and sediment control plan and/or agreement in lieu of a stormwater management plan: $250.00.

(c) At the discretion of the administrator, when an agreement in lieu of an erosion and sediment control plan and/or an agreement in lieu of a stormwater management plan is permitted, the fee stated in subsection (2) of this section may be waived if the administrator determines that the plan involves a single-family residence and involves only limited and controlled disturbance.

(d) Applicants seeking a VESMP general construction permit shall pay the fee directly to the Department of Environmental Quality in accordance with Table 1. The department will then invoice the owner directly. The CGP coverage letter will not be issued until the fee is paid in full to the department. For the construction of a single-family residence (agreement in lieu), no DEQ fee is required. When a site has or sites have been purchased for development within a previously permitted common plan of development or sale, the applicant shall be subject to fees in accordance with the disturbed acreage of their site or sites according to Table 1.

Table 1: Fees for DEQ CGP Coverage Issuance
Fee type	Total fee to be paid by applicant (includes both the city of Staunton and department portions where applicable)	Department portion of “total fee to be paid by applicant” (based on 28% of total fee paid)
General/stormwater management – Small construction activity/land clearing (areas within common plans of development or sale with land disturbance acreage less than 1 acre)	$290	$81
General/stormwater management – Small construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 acre and less than 5 acres)	$2,700	$756
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres)	$3,400	$952
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres)	$4,500	$1,260
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres)	$6,100	$1,708
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 100 acres)	$9,600	$2,688

(2) Fees for the modification or transfer of registration statements from the general permit issued by the department shall be imposed in accordance with Table 2. If the general permit modifications result in changes to stormwater management plans that require additional review by the city of Staunton, such reviews shall be subject to the fees set out in Table 2. 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 been applied for the total disturbed acreage in Table 1.

Table 2: Fees for the Modification or Transfer of Registration Statements for the General Permit for Discharges of Stormwater From Construction Activities
Type of Permit	Fee Amount
General/stormwater management – Small construction activity/land clearing (areas within common plans of development or sale with land disturbance acreage less than 1 acre)	$20
General/stormwater management – Small construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 and less than 5 acres)	$200
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres)	$250
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres)	$300
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres)	$450
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 100 acres)	$700

(3) The following annual permit maintenance shall be imposed in accordance with Table 3, including fees imposed on expired permits that have been administratively continued. With respect to the construction general permit, these fees shall apply until the permit coverage is terminated. (Note: Fees specified in this subsection go to the city of Staunton.)

Table 3: Permit Maintenance Fees
Type of Permit	Fee Amount
General/stormwater management – Small construction activity/land clearing (areas within common plans of development or sale with land disturbance acreage less than 1 acre)	$50
General/stormwater management – Small construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance equal to or greater than 1 acre and less than 5 acres)	$400
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres)	$500
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres)	$650
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres)	$900
General/stormwater management – Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater 100 acres)	$1,400

(4) General permit coverage maintenance fees shall be invoiced annually by the city, 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.

(5) The fees set forth in subsections (1) through (3) of this section shall apply to:

(a) All persons seeking coverage under the general permit.

(b) All permittees who request modifications to or transfers of their existing registration statement for coverage under a general permit.

(c) 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.

(d) Permit and permit coverage maintenance fees outlined under this section may apply to each general permit holder.

(6) No general permit application fees will be assessed to:

(a) Permittees who request minor modifications to general permits as defined in SCC 13.01.015. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that require additional review by the city shall not be exempt pursuant to this section.

(b) Permittees whose general permits are modified or amended at the initiative of the department, excluding errors in the registration statement identified by the city or errors related to the acreage of the site.

(7) All incomplete payments will be deemed as nonpayment, and the applicant shall be notified of any incomplete payments. Interest may be charged for late payments at the underpayment rate set forth in Section 58.1-15 of the Code of Virginia and is calculated on a monthly basis at the applicable periodic rate. A 10 percent late payment fee shall be charged to any delinquent (over 90 days past due) account. The city shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount. (Ord. 2024-23).

13.01.050 Review and approval of plans – Prohibitions.

(1) The city of Staunton shall review and approve soil erosion control and stormwater management (ESM) plans, except for activities not required to comply with the requirements of the Virginia Erosion and Stormwater Management Act (VESMA), pursuant to Section 62.1-44.15:34 of the Code of Virginia. Activities not required to comply with the VESMA are defined in 9 VAC 25-875-90.

(2) In order to conduct any land-disturbing activity in the city the owner must provide:

(a) A city VESMP/land disturbance permit application. If required, a signed department general construction permit registration statement. A soil erosion control and stormwater management plan, or an executed agreement in lieu of a plan, if required, has been submitted to the city;

(b) The name of the individual who will be responsible for carrying out the land-disturbing activity for the owner must hold a responsible land disturber certificate pursuant to Section 62.1-44.15:30 of the Code of Virginia, submitted to the city. Failure to provide the name of an individual holding a responsible land disturber certificate prior to engaging in land-disturbing activities, to include an agreement in lieu, may result in revocation of the land-disturbance approval and shall subject the owner to the penalties provided by the VESMA; and

(3) The city may require changes to an approved ESM plan in the following cases:

(a) Where inspection has revealed that the plan is inadequate to satisfy applicable regulations or ordinances; or

(b) Where the owner finds that because of changed circumstances or for other reasons the plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of the Act, are agreed to by the city and the owner.

(c) In order to prevent further erosion, the city may require approval of an erosion and sediment control plan and a stormwater management plan for any land it identifies as an erosion impact area. (Section 62.1-44.15:34)

(d) Prior to issuance of any land-disturbance approval, the city requires an applicant, excluding state agencies and federal entities, to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement it finds acceptable, to ensure that it can take measures at the applicant’s expense should he fail, after proper notice, within the time specified to comply with the conditions it imposes as a result of his land-disturbing activity. If the city takes such action upon such failure by the applicant, it may collect from the applicant the difference should the amount of the reasonable cost of such action exceed the amount of the security held. Within 60 days of the completion of the city conditions, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated.

(e) The city may enter into an agreement with an adjacent VESMP authority regarding the administration of multijurisdictional projects, specifying who shall be responsible for all or part of the administrative procedures. Should adjacent VESMP authorities fail to reach such an agreement, each shall be responsible for administering the area of the multijurisdictional project that lies within its jurisdiction.

(f) No exception to, or waiver of, post-development nonpoint nutrient runoff compliance requirements shall be granted unless off-site options have been considered and found not available in accordance with subsection D of Section 62.1-44.15:35 of the Code of Virginia.

(g) The city is authorized to cooperate and enter into agreements with any federal or state agency in connection with the requirements for land-disturbing activities in accordance with Section 62.1-44.15:50 of the Code of Virginia.

(h) Projects on property owned and operated by the city of Staunton, Virginia, or the school board of the city of Staunton, Virginia, shall be exempt from such city of Staunton, Virginia, stormwater management program fees and Virginia Erosion and Sediment Control Program fees. (Ord. 2024-23).

13.01.055 Review of a soil erosion control and stormwater management plan (ESM plan).

(1) The city shall approve or disapprove an ESM plan according to the following:

(a) The city shall determine the completeness of any application within 15 days after receipt and shall act on any application within 60 days after it has been determined by the administrator to be complete.

(b) The city shall issue either land-disturbance approval or denial and provide a written rationale for any denial.

(c) Before issuing a land-disturbance approval, the city shall be required to obtain evidence of construction general permit coverage when such coverage is required.

(d) The city also shall determine whether any resubmittal of a previously disapproved application is complete within 15 days after receipt and shall act on the resubmitted application within 45 days after receipt. (Ord. 2024-23).

13.01.060 Stormwater permit requirement – Exemptions.

(1) Except as provided herein, no person may engage in any land-disturbing activity until a permit has been issued by the city in accordance with the provisions of this chapter and the Regulation.

(2) Notwithstanding any other provisions of this chapter, the following activities are not required to comply with the requirements of this chapter unless otherwise required by federal law:

(a) Minor land-disturbing activities, including home gardens and individual home landscaping, repairs, and maintenance work;

(b) Installation, maintenance, or repair of any individual utility service connection;

(c) Installation, maintenance, or repair of any underground utility line when such activity occurs on an existing hard-surfaced road, street, or sidewalk, provided the land-disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced;

(d) Installation, maintenance, or repair of any septic tank line or drainage field unless included in an overall plan for land-disturbing activity relating to the construction of the building to be served by the septic tank system;

(e) Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2 of the Code of Virginia;

(f) Clearing of lands specifically for bona fide agricultural purposes; the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock feedlot operations; agricultural engineering operations, including the 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; or as additionally set forth by the board in regulations. However, this exception shall not apply to the harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (Section 10.1-1100 et seq. of the Code of Virginia) or is converted to bona fide agricultural or improved pasture use as described in subsection B of Section 10.1-1163 of the Code of Virginia;

(g) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;

(h) Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to the VESMA and the regulations adopted pursuant thereto;

(i) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company;

(j) 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 city shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of subsection (1) of this section is required within 30 days of commencing the land-disturbing activity; and

(k) Discharges to a sanitary sewer or a combined sewer system that are not from a land-disturbing activity.

(3) Notwithstanding this chapter and in accordance with the Virginia Stormwater Management and Erosion and Sediment Control Act, Article 2.3 (Section 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia, the following activities are required to comply with the soil erosion control requirements but are not required to comply with the water quantity and water quality technical criteria, unless otherwise required by federal law:

(a) Activities under a state or federal reclamation program to return an abandoned property to agricultural or open land use;

(b) 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

13.01.065 Stormwater pollution prevention plan – Contents of plans.

(1) A stormwater pollution prevention plan shall include, but not be limited to, an approved erosion and sediment control plan, an approved stormwater management plan, a pollution prevention plan for regulated land-disturbing activities, and a description of any additional control measures necessary to address a TMDL pursuant to subsection (4) of this section.

(2) A soil erosion control and stormwater management (ESM) plan consistent with the requirements of the Virginia Stormwater Management and Erosion and Sediment Control Act (VESMA) and regulations must be designed and implemented during construction activities. Prior to land disturbance, this plan must be approved by the city in accordance with the VESMA, this chapter, and attendant regulations.

(3) A pollution prevention plan that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site and describes control measures that will be used to minimize pollutants in stormwater discharges from the construction site must be developed before land disturbance commences.

(4) In addition to the requirements of subsections (1) through (3) of this section, if a specific wasteload allocation for a pollutant has been established in an approved TMDL and is assigned to stormwater discharges from a construction activity, additional control measures must be identified and addressed in the SWPPP and implemented by the operator so that discharges are consistent with the assumptions and requirements of the wasteload allocation.

(5) The stormwater pollution prevention plan (SWPPP) must address the following requirements as specified in 40 CFR 450.21, to the extent otherwise required by state law or regulations and any applicable requirements of a state permit:

(a) Control stormwater volume and velocity within the site to minimize soil erosion;

(b) Control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion;

(d) Minimize the disturbance of steep slopes;

(e) Minimize sediment discharges from the site. The design, installation, and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity, and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site;

(f) Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration, unless infeasible;

(g) Minimize soil compaction and, unless infeasible, preserve topsoil;

(h) Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating, or other earth-disturbing activities have permanently ceased on any portion of the site or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed within a period of time determined by the city. In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed as specified by the city; and

(i) Utilize outlet structures that withdraw water from the surface, unless infeasible, when discharging from basins and impoundments.

(j) The SWPPP shall be amended 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. 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. (Ord. 2024-23).

13.01.070 Stormwater management plan – Contents of plans.

(1) A stormwater management plan shall be developed and submitted to the city. The stormwater management plan shall be implemented as approved or modified by the city and shall be developed in accordance with the following:

(a) A stormwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria set forth in this chapter and Article 4 (9 VAC 25-875-670 et seq.) of Part V of the Regulation to the entire land-disturbing activity. Individual lots in new residential, commercial, or industrial developments, including those developed under subsequent owners, shall not be considered separate land-disturbing activities.

(b) A stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff.

(2) A complete stormwater management plan shall include the following elements:

(a) Information on the type of and location of stormwater discharges, information on the features to which stormwater is being discharged including surface waters or karst features if present, and predevelopment and post-development drainage areas;

(b) Contact information including the name, address, telephone number, and email address of the owner and the tax reference number and parcel number of the property or properties affected;

(c) A narrative that includes the information provided and documented during the review process that addresses the current and final site conditions;

(d) A detailed description of the proposed stormwater management facilities and the mechanism through which the facilities will be operated and maintained after construction is complete;

(e) Information on the proposed stormwater management facilities, including:

(i) A detailed narrative on the conversion to a long-term stormwater management facility if the facility was used as a temporary ESC measure;

(ii) The type of facilities;

(iii) Location, including geographic coordinates;

(iv) Acres treated; and

(v) The surface waters or karst features into which the facility will discharge;

(f) Hydrologic and hydraulic computations, including runoff characteristics;

(g) Documentation and calculations verifying compliance with the water quality and quantity requirements of these regulations;

(h) A map 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 planned locations of utilities, roads, and easements;

(i) If an operator intends to meet the requirements established in 9 VAC 25-875-580 or 9 VAC 25-875-600 through the use of off-site water quality compliance options, provide evidence that all on-site BMP options for quality treatment were considered and why on-site treatment was not an option and where applicable, then provide a letter of nutrient credit availability from a department-approved off-site provider;

(j) The city requires payment of a fee with the stormwater management plan submission, the fee and the required fee form in accordance with SCC 13.01.040 must have been submitted.

(3) All final plan elements, specifications, or calculations of the stormwater management plans whose preparation requires a license under Chapter 4 (Section 54.1-400 et seq.) or 22 (Section 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately signed and sealed by a professional who is licensed to engage in practice in the commonwealth of Virginia. Nothing in this subsection shall authorize any person to engage in practice outside his area of professional competence. (Ord. 2024-23.)

13.01.075 Pollution prevention plan – Contents of plans.

(1) A plan for implementing pollution prevention measures during construction activities shall be developed, implemented, and updated as necessary. The pollution prevention plan shall detail the design, installation, implementation, and maintenance of effective pollution prevention measures as specified in 40 CFR 450.21(d) to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to:

(a) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash water. Wash water must be treated in a sediment basin or alternative control that provides equivalent or better treatment before discharge;

(b) 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 stormwater; and

(c) Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.

(2) The pollution prevention plan shall include effective best management practices to prohibit the following discharges in accordance with 40 CFR 450.21(e):

(a) Wastewater from washout of concrete, unless managed by an appropriate control;

(b) Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials;

(d) Soaps or solvents used in vehicle and equipment washing.

(3) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls in accordance with 40 CFR 450.21(c). (Ord. 2024-23.)

13.01.080 Erosion and sediment control plan – Contents of plans.

(1) An erosion and sediment control plan, which is a component of the ESM plan, shall be filed for a development and the buildings constructed within, regardless of the phasing of construction. The erosion and sediment control plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives in 9 VAC 25-875-560. The erosion and sediment control plan may include:

(a) Appropriate maps;

(b) An appropriate soil and water plan inventory and management information with needed interpretations; and

(2) The person responsible for carrying out the plan shall provide to the city the name of an individual holding a responsible land disturber certificate who will be in charge of and responsible for carrying out the land-disturbing activity.

(3) If individual lots or sections in a residential development are being developed by different property owners, all land-disturbing activities related to the building construction shall be covered by an erosion and sediment control plan or an “agreement in lieu of a plan” signed by the property owner.

(4) Land-disturbing activity of less than 10,000 square feet on individual lots in a residential development shall not be considered exempt from the provisions of the VESMA if the total land-disturbing activity in the development is equal to or greater than 10,000 square feet. (Ord. 2024-23.)

13.01.085 Technical criteria for regulated land-disturbing activities.

(1) To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the city hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part V of 9 VAC 25-875 expressly to include 9 VAC 25-875-580 [water quality design criteria requirements]; 9 VAC 25-875-590 [water quality compliance]; 9 VAC 25-875-600 [water quantity]; 9 VAC 25-875-610 [off-site compliance options]; 9 VAC 25-875-620 [design storms and hydrologic methods]; 9 VAC 25-875-630 [stormwater harvesting]; 9 VAC 25-875-640 [linear development project]; and 9 VAC 25-875-650 [stormwater management impoundment structures or facilities], which shall apply to all land-disturbing activities regulated pursuant to this chapter, except as expressly set forth in subsection (2) of this section.

(2) Any land-disturbing activity shall be considered grandfathered and shall be subject to Article 4 (9 VAC 25-875-670 et seq.) of Part V of the Regulation provided:

(a) 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 city to be equivalent thereto:

(i) Was approved by the city prior to July 1, 2012;

(ii) Provided a layout as defined in 9 VAC 25-875-670;

(iii) Will comply with the technical criteria of Article 4 of Part V of 9 VAC 25-875; 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;

(b) A permit has not been issued prior to July 1, 2014; and

(3) The city of Staunton, state, and federal projects shall be considered grandfathered and shall be subject to the technical criteria of Article 4 of Part V of 9 VAC 25-875 provided:

(a) There has been an obligation of the city of Staunton, 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;

(b) A permit has not been issued prior to July 1, 2014; and

(4) Land-disturbing activities grandfathered under subsections (2) and (3) of this section shall remain subject to the technical criteria of Article 4 of Part V of 9 VAC 25-875 for one additional permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the board.

(5) 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 Article 4 of Part V of 9 VAC 25-875.

(6) Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion. (Ord. 2024-23).

13.01.090 Stormwater management for solar projects.

(1) The Environmental Protection Agency’s (EPA) Chesapeake Bay Program considers solar panels to be impervious areas for the purposes of performing water quality modeling/calculations for the Chesapeake Bay total maximum daily load. The city of Staunton is a MS4 locality within the Chesapeake Bay Watershed. As such Chesapeake Bay total maximum daily load is to be accounted for with all stormwater management plans for solar projects.

(2) Water Quantity. Solar panels are to be considered unconnected impervious areas when performing post-development water quantity calculations using the hydrologic methods specified in the Virginia Stormwater Management Program Regulation, 9 VAC 25-870-72. Current information regarding the application of unconnected impervious areas can be found in Chapter 9 (Hydrologic Soil-Cover Complexes), Part 630 (Hydrology) of the Natural Resources Conservation Service’s National Engineering Handbook.

(3) Water Quality. Solar panels are to be considered impervious areas when performing post-development water quality calculations using the Virginia runoff reduction method (VRRM). To account for the disconnection of the solar panels from the overall drainage system, the area of the solar panels may be entered into the applicable “simple disconnection” stormwater best management practices section of the VRRM compliance spreadsheet (i.e., 2a – Simple Disconnection to A/B Soils or 2b – Simple Disconnection to C/D Soils).

(4) Alternative Methods. This policy does not prohibit any alternative method. If alternative proposals are made, such proposals will be reviewed and accepted or denied based on their technical adequacy and compliance with the appropriate laws and regulations.

(5) References for alternative methods will be provided upon request by the administrator. (Ord. 2024-23).

13.01.095 Long-term maintenance of permanent stormwater facilities.

(1) The operator shall submit a construction record drawing for permanent stormwater management facilities to the city in accordance with 9 VAC 25-875-535. The record drawing shall contain a statement signed by a professional registered in the commonwealth of Virginia pursuant to Chapter 4 of Title 54.1 of the Code of Virginia, stating that to the best of their knowledge the construction record drawing shows all adjustments and revisions to the stormwater management plan made during construction and serve as a permanent record of the actual location of all constructed elements.

(2) The city of Staunton shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to general permit termination or earlier as required by the city and shall at a minimum:

(a) Be submitted to the city for review and approval prior to the approval of the stormwater management plan;

(b) Be stated to run with the deed/land;

(d) Provide for inspections and maintenance and the submission of inspection and maintenance reports to the city; and

(e) Be enforceable by all appropriate governmental parties.

(3) At the discretion of the city, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the city that future maintenance for those facilities will be addressed through an enforceable mechanism at the discretion of the city.

(4) If a recorded instrument is not required pursuant to subsection (3) of this section, the city shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the city or its duly authorized agent. (Ord. 2024-23).

13.01.100 Monitoring and inspections.

(1) The city of Staunton shall inspect the land-disturbing activity during construction for:

(a) Compliance with the approved erosion and sediment control plan;

(b) Compliance with the approved stormwater management plan;

(d) Development and implementation of any additional control measures necessary to address a TMDL.

(2) The city of Staunton shall conduct periodic inspections on all projects during construction. The city shall provide for an inspection during or immediately following the initial installation of erosion and sediment controls, at least once in every two-week period, within 48 hours following any runoff-producing storm event, and at the completion of the project prior to the release of any performance bonds.

(3) The city shall establish an inspection program that ensures that permanent stormwater management facilities are being adequately maintained as designed after the completion of land-disturbing activities. Inspection programs shall include:

(a) Maintenance Inspection of Stormwater Facilities.

(i) All stormwater management facilities must undergo inspections to document maintenance and repair needs and ensure compliance with the requirements of Virginia Code Section 62.1-44.15:27 and accomplishment of its purposes. These needs may include the removal of silt, litter, and other debris from all catch basins, inlets, and drainage pipes; grass cutting and vegetation removal; and necessary replacement of landscape vegetation and any repair or replacement of structural features.

(ii) In compliance with the maintenance covenant the owner, or any successor owner, unless such responsibility is lawfully transferred to the city, shall inspect, maintain, and repair all structural and nonstructural stormwater management measures required by the plan.

(b) Records of Maintenance and Repair Activities. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs and shall retain the records for at least five years. These records shall be made available to the administrator during the inspection of the facility and at other reasonable times upon request.

(4) Preconstruction Meeting. Prior to any land-disturbing activity and upon receipt of the VSMP permit or VESCP permit from the administrator, the owner shall schedule a preconstruction meeting. The owner shall provide a minimum of 48 hours’ notice to the administrator for this meeting.

(5) Notice of Construction Commencement. The applicant must notify the administrator in advance before the commencement of construction. In addition, the applicant must notify the administrator in advance of construction of critical components of the SWM facility(ies) and erosion and sediment control measures.

(6) Post-Construction Final Inspection and As-Built Plans.

(a) All applicants are required to submit a construction record drawing for permanent stormwater management facilities 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.

(b) A final inspection by the administrator is required before the release of any performance securities can occur.

(c) Prior to release of any performance securities, the applicant is required to provide a certification statement from a licensed engineer that all stormwater management facilities were properly installed and/or constructed per the approved plan and per any manufacturer’s recommendations. The engineer is expected to provide the on-site observation needed to provide such certification. The certification statement shall cover all aspects of the stormwater management facility construction, including surface as-built surveys, geotechnical inspections during subsurface or backfilling, riser and principal spillway installation, bioretention soil placement and compaction activities.

(7) The city may utilize the inspection reports of the owner of a stormwater management facility as part of an inspection program established in subsection (2) of this section if the inspection is conducted by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (Section 54.1-400 et seq.) of Chapter 4 of Title 54.1; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of competence from the department.

(8) If a recorded instrument is not required pursuant to 9 VAC 25-875-130, the city shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the city. (Ord. 2024-23).

13.01.105 Right of entry.

(1) The city of Staunton or any duly authorized agent thereof may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, to obtain information or conduct surveys or investigations necessary in the enforcement of the provisions of this chapter.

(2) In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement, the city may also enter any establishment or upon any property, public or private, to initiate or maintain appropriate actions that are required by conditions imposed by the city on a land-disturbing activity when an owner, after proper notice, has failed to take acceptable action within the time specified. (Ord. 2024-23).

13.01.110 Violations and enforcement.

(1) If the city determines that there is a failure to comply with the 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, by email to the email address specified in the permit application, or by delivery at the site of the development activities to the agent or employee supervising such activities.

(a) The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (2) of this section or the permit may be revoked by the administrator.

(b) 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, email, sent to his address specified in the land records of the city, or by personal delivery by an agent of the administrator. However, if the city finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency stop work order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued a stop work order is not complying with the terms thereof, the city may institute a proceeding for an injunction, mandamus, or other appropriate remedies in accordance with subsection (2) of this section.

(2) 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 city may be compelled in a proceeding instituted in the circuit court of the city of Staunton, Virginia, by the city of Staunton to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.

(a) 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 SWPPP;

(iii) Incomplete SWPPP;

(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

(xi) Discharges not in compliance with the requirements of 9 VAC 25-880-70.

(b) The city may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court.

(c) 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.

(d) Any civil penalties assessed by a court as a result of a summons issued by the city of Staunton shall be paid into the treasury of the city to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the city of Staunton 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 chapter or by law, any person who willfully or negligently violates any provision of this chapter, any order of the administrator, any condition of a permit, or any order of a court shall be guilty of a 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. (Ord. 2024-23).

13.01.115 Restoration of lands.

Any violator may be required to restore land to its undisturbed condition or in accordance with a notice of violation, a notice of stop work, or permit requirements. In the event that restoration is not undertaken within a reasonable time after notice, the administrator may take necessary corrective action, the cost of which shall be recovered under the performance bond, or become a lien upon the property until paid, or both. (Ord. 2024-23).

13.01.120 Holds on occupation permits.

A certificate of occupancy and/or inspections by the city’s building inspection department shall not be granted until all assessed civil penalties are paid and corrections to all erosion and sediment control and stormwater management practices have been made in accordance with the approved plans, notice of violation, notice of stop work, or permit requirements, and accepted by the administrator. (Ord. 2024-23).

13.01.125 Local hearing and procedures – Appeals.

(1) The establishment of the Staunton board of environment appeals, hereafter referred to as the “appeals board,” is hereby established. The appeals board shall be composed of three members: the city’s assistant city manager or designee, the building official and the director of public works. The appeals board shall meet at the call of the assistant city manager or designee, and such other times as the appeals board may determine, at a fixed time and place.

(2) Any permit applicant or permittee, or person subject to the requirements of this title, aggrieved by any action of the administrator or designee taken without a formal hearing, or by inaction of the city, may demand in writing a formal hearing by the appeals board, provided a petition requesting such hearing is filed with the administrator not later than 30 days after notice of such action is given by the administrator.

(3) The hearings held under this section shall be conducted by the appeals board at a regular or special meeting of the appeals board, or by at least one member of the appeals board designated by the appeals board to conduct such hearings on behalf of the appeals board at any other time and place authorized by the appeals board.

(4) An audio record of the proceedings of such hearings shall be made by the appeals board and shall be a public record. Any party may have the audio recording transcribed at its expense. The party challenging the decision or action or inaction of the administrator shall have the burden of going forward and the burden of proof. An opening statement and a closing argument may be presented by the parties. The appeals board shall determine the procedures otherwise to be used for the proceedings and may allow hearsay evidence, recognizing that the proceedings should be of an administrative nature and conducted less formally than a court proceeding so as to promote a reasonably accessible process and to foster prompt decision-making.

(5) The appeals board 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.

(6) Final decisions of the administrator or the appeals board under this chapter shall ultimately be subject to review by the circuit court for the city of Staunton, Virginia, by a party who is aggrieved by the decision; provided, that a petition for appeal is filed in the clerk’s office of such circuit court not later than 30 days from the date of the final written decision adversely affecting the rights and duties or privileges of the person engaging in or proposing to engage in land-disturbing activities. Such review shall proceed upon the petition and the administrative record before the appeals board. The decision of the appeals board shall be sustained unless the appeals board exceeded its authority, acted arbitrarily or capriciously, or abused its discretion. The decision of the circuit court shall be subject to review by the Court of Appeals of Virginia.

(7) Final decisions of the state board, department, or district shall be subject to judicial review in accordance with the provisions of the Administrative Process Act (Section 2.2-4000 et seq.). (Ord. 2024-23).

13.01.130 Severability.

If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter. (Ord. 2024-23).