Abingdon, VA Zoning Ordinance

Section 8-1-1 Purpose and intent.

[1-3-2023 by Ord. No. 2023.01.03]

The purpose of this division is to:

(1)

Permit the use of exterior lighting at the minimum level necessary for nighttime safety, utility, security, productivity, enjoyment, and commerce;

(2)

Ensure exterior lighting does not adversely impact land uses on adjacent land by minimizing light trespass, obtrusive light, and glare;

(3)

Curtail light pollution, reduce sky glow, and preserve the nighttime environment for astronomy, wildlife, and enjoyment of residents and visitors; and

(4)

Ensure security for persons and property.

Section 8-1-2 Applicability.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

General. The provisions of this division shall apply all development in the Town unless exempted in accordance with this section.

(b)

Conformance with all applicable codes. All outdoor lighting shall be installed in accordance with the provisions of this chapter, applicable electrical and energy codes, and applicable sections of the building code.[1]

[1]

Editor's Note: See also Ch. 15, Buildings and Building Regulations, of the Town Code.

(c)

Time of review. Review for compliance with the standards of this division shall occur as part of the review of an application for a site plan, planned development, certificate of approval, certificate of zoning use, special use, or variance.

(d)

Existing development. Compliance with these standards, to the maximum extent practicable, shall also apply to redevelopment of an existing structure, building, or use when it is expanded, enlarged, or otherwise increased in intensity equivalent to or beyond 50%.

(e)

Signs. Lighting for signage shall be governed by the standards set forth in Division 4 of this article.

(f)

Exemptions. The following are exempted from the exterior lighting standards of Article VIII:

(1)

Lighting within a public street right-of-way or easement that is used principally for illuminating a roadway;

(2)

Lighting exempt under state or federal law;

(3)

Lighting for public monuments and statuary;

(4)

Lighting that is required under the Uniform Statewide Building Code;[2]

[2]

Editor's Note: See Code of Virginia, § 36-97 et seq.

(5)

Construction, emergency, or holiday decorative or festive lighting, provided such lighting does not create unsafe glare on street rights-of-way and is used for 90 days or less;

(6)

Temporary lighting for circuses, fairs, carnivals, theatrical and other performance areas, provided such lighting is turned off not more than one hour after the last performance/event of the day and discontinued upon completion of the final performance/event;

(7)

Security lighting provided it is directed downward, does not glare onto adjacent property, and is controlled and activated by motion sensor devices for a duration of 15 minutes or less;

(8)

Lighting for flags of the United States of America or the Commonwealth of Virginia, or any department, division, agency or instrumentality thereof, and other noncommercial flags expressing constitutionally protected speech;

(9)

Architectural lighting of 40 watts incandescent or less;

(10)

Field lighting for an outdoor athletic facility, provided it is directed downward and is turned off within one hour upon completion of the final game;

(11)

FAA-mandated lighting associated with a utility tower or airport; and

(12)

The replacement of a failed or damaged luminaire that is one of a matching group serving a common purpose installed prior to the adoption of this division.

Section 8-1-3 Standards.

[1-3-2023 by Ord. No. 2023.01.03; amended 12-2-2024 by Ord. No. 2024.12.02B]

(a)

Hours of illumination. Institutional uses, commercial uses, and industrial uses that are adjacent to existing residential development shall extinguish all exterior lighting, except lighting necessary for security or emergency purposes, within one hour after closing and shall not turn on such lights until within one hour of opening. For the purposes of this subsection, "lighting necessary for security or emergency purposes" shall be construed to mean the minimum amount of exterior lighting necessary to illuminate possible points of entry or exit into a structure, to illuminate exterior walkways, or to illuminate outdoor storage areas. Lighting is activated by motion sensor devices encouraged for these purposes.

(b)

Uniformity. Outdoor luminaires shall be of uniform style for each project site and conform to the design of the project.

(c)

Shielding. Each outdoor luminaire subject to these outdoor lighting requirements shall be a full cutoff luminaire and aimed and controlled such that directed light is directed inward to the property and confined to the object intended to be illuminated. Directional control shields shall be used when necessary to limit stray light and prevent glare to adjacent properties and vehicular public rights-of-way. Spillover light shall not exceed 0.5 foot candles at adjoining streets, commercial use, and mixed use and shall not exceed 0.1 foot candles at adjoining residential properties.

(d)

Color temperature. All exterior lights shall be 3,000 Kelvin light color temperature or less.

(e)

Type. High-pressure sodium vapor or light emitting diode (LED) lights shall be the preferred type of exterior site lighting. The use of mercury vapor lights shall be prohibited in any exterior lighting applications, except for under-canopy lighting for gasoline pump islands, bank, or other drive-through or drive-in facilities.

(f)

Canopy lighting. Light fixtures under any canopy shall be recessed into the canopy ceiling with a flat lens to prevent glare.

(g)

Height. Any pole-mounted exterior lighting shall not exceed a height of 30 feet in height in industrial districts and 20 feet in height in all other districts.

(h)

Window lighting is prohibited in either the interior or exterior of windows. Window displays that include products may be illuminated, however the lights must be concentrated on the products for sale and not directed outward.

(i)

There shall be no moving, blinking, flashing, or wrap around bands of lighting on the exterior or interior of a building or seen from a public right-of-way.

Section 8-1-4 Lighting plan.

[Added 12-2-2024 by Ord. No. 2024.12.02B]

(a)

A lighting plan shall be included as part of any development application to ensure compliance with the standards of this division.

(b)

The plan shall include the type of lighting fixture(s), location of fixture(s), color temperature, height of poles, and illuminance of light.

Section 8-1-5 Compliance.

[1-3-2023 by Ord. No. 2023.01.03; amended 12-2-2024 by Ord. No. 2024.12.02B]

(a)

The lighting standards shall be enforced by the Administrator. Modifications of the lighting standards contained herein may be approved by the Administrator upon a determination that the lighting is necessary for nighttime safety, utility, security, productivity, enjoyment, and commerce and does not adversely impact pedestrians, traffic, or adjacent properties.

(b)

An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the Town affected by any decision of the Administrator in enforcement of this division as outlined in Article II.

Section 8-2-1 Purpose and intent.

[1-3-2023 by Ord. No. 2023.01.03]

The purpose of this division is to establish standards for landscape architecture, site design, site buffering, and landscape screening, and to regulate the location, height, and appearance of fences and walls. With the intent of preserving and promoting the health, safety, and general welfare of the Town, this division is intended to:

(1)

Preserve and enhance the aesthetic character and visual harmony of the Town;

(2)

Protect the quality of the Town's natural streams and wetlands;

(3)

Enhance erosion control;

(4)

Improve the relationship between adjacent properties through screening, buffering, and proper placement and design of fences and walls;

(5)

Promote economic development in the Town's business districts and main thoroughfares; and

(6)

Ensure the safety, security, and privacy of properties.

Section 8-2-2 Application of landscape, wall, and fence standards.

[1-3-2023 by Ord. No. 2023.01.03]

The requirements of this division shall apply to new construction, developments, or redevelopments in all zoning districts requiring an approved site plan or zoning permit specified by this chapter.

Section 8-2-3 Landscape plan requirements.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

The landscape plan shall:

(1)

Be prepared and/or certified by a professional (engineer, architect, landscape designer); provided, however, that in the case of a single lot disturbing less than 10,000 square feet, the landscaping plan may be prepared by the property owner.

(2)

Cover the entire project area included in the overall site plan or development plan for which approval is sought.

(b)

The landscape plan shall include:

(1)

Location, type, size, height, and number of proposed plantings.

(2)

Planting specifications or installation details. Taking care to consider appropriateness of plants and locations for the specific characteristics of the site and the purpose for installation.

(3)

Location and size of all existing plants and trees to be retained during construction, as well as protection measures to be implemented during construction.

(4)

Location, size, and other related design details for all hardscape improvements, ground-mounted signage, recreational improvements, and open space areas, fences, walls, barriers, and other related elements.

(5)

Designation of required setbacks, yards, and screening areas.

(6)

Location of other man-made site features, parking lots, hardscape improvements, overhead structures, and underground utilities to ensure that landscape materials will not be in conflict with the placement and operation of these improvements.

(7)

A preference to design and plant materials which are native and with reduced water needs.

Section 8-2-4 Landscaping requirements by zoning district.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Residential and planned zoning districts.

(1)

One- and two-family dwelling.

New developments shall preserve existing or plant at least two trees between the front property line and the minimum front yard setback line.

For corner lots there shall be a minimum of two trees per street frontage.

(2)

Multiple-family dwellings.

New developments or redevelopments shall preserve existing or plant at least one tree per 40 linear feet of street frontage between the front property line and the minimum front yard setback line.

(b)

Commercial zoning districts.

(1)

New developments or redevelopments shall preserve existing or plant at least one tree per 40 linear feet of street frontage between the front property line and the minimum front yard setback line.

(c)

Entrance corridor.

(1)

Within the Entrance Corridor (EC) Overlay, landscaping shall be used to soften the visual impact of development and enhance the appearance of the area. Landscaping shall be sufficient to soften the visual effects of development, reduce the effective visual mass of large buildings, and provide screening between the development, the street and surrounding lots.

(2)

Right-of-way landscaping. Landscaping shall be required along the property's border along road frontages, public rights-of-way, and access easements in the EC Corridor Overlay according to the following standards:

A landscape buffer of at least 10 feet in width shall be landscaped with the following materials for each 40 feet of linear street frontage:

At least one deciduous tree, with branching no closer than five feet to the ground;

At least three ornamental trees;

At least three shrubs; and

Other ground cover reasonably dispersed throughout the buffer.

(3)

Vegetation planted in the buffer shall be of a type and/or positioned so as to not interfere with overhead or underground utility lines when fully grown.

(d)

Old and Historic District.

(1)

Parcels within the Old and Historic District that are also designated Entrance Corridor parcels often have zero structure setbacks to the right-of-way. Those parcels are not required to provide right-of-way landscaping.

Section 8-2-5 Screening.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Where any a manufactured home park, multifamily, or nonresidential use (commercial, industrial, institutional) abuts a less intensive use, a year-round visual screen between the properties in order to minimize visual and other adverse impacts must be implemented consisting of fencing, evergreens, boulders, mounds, or a combination of materials.

(b)

In the above conditions, a continuous six-foot-high buffer with a minimum width of 20 feet shall be required. Buffers shall be comprised of:

(1)

A combination of solid masonry wall or opaque fence at least six feet in height and landscaping consisting of six deciduous trees per 100 linear feet of buffer; or

(2)

Landscaping consisting of:

One coniferous tree per seven linear feet of buffer, which shall be placed in two staggered rows six feet apart;

One understory tree per 25 linear feet of buffer;

One deciduous tree per 50 linear feet of buffer; and

One shrub per three linear feet of buffer.

(c)

Plants used for screening shall be sufficiently large and planted in such a fashion that a year-round screen at least six feet in height shall be produced within one growing season.

(d)

No buildings, structures, storage of materials, or parking shall be permitted within a screening area.

(e)

Screening shall also be required to conceal specific features from both on-site and off-site views. Such features shall be screened at all times, regardless of adjacent uses, adjacent districts, or other proximate landscaping material. Specific features to be screened include:

(1)

Waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers); waste receptacles and refuse containers shall be fully enclosed with tightly fitting lids;

(2)

Access to all grease containers, recycling and trash containers, and other outside storage shall be through gates capable of closure when not in use; all gates shall be closed and secured when not in use;

(3)

Loading and service areas;

(4)

Outdoor storage areas (including storage tanks);

(5)

Ground-based utility equipment with size in excess of 12 cubic feet; and

(6)

Ground level mechanical units.

Section 8-2-6 Parking lot landscaping.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

All vehicle parking areas shall include landscaping as required in this section to provide shade, screen views, and mitigate stormwater runoff. However, the landscape provisions of this division shall not apply to off-street parking for individual single- or two-family residential dwellings or for parking garages or similar structures.

(b)

Parking lot landscape buffers.

(1)

Where a parking lot (or a private driveway providing access to a parking lot or building entry) abuts a public right-of-way or a property line not common with the right-of-way of a street, a landscaping strip of at least 10 feet in width shall be located between the parking lot and the abutting property line.

(2)

A minimum of one deciduous shade tree for each 40 feet of contiguous property line shall be planted in the landscape strip.

(c)

Landscaped planting islands shall be developed interior to parking lots meeting the following criteria:

(1)

The total size of the parking lot exceeds 20 total parking spaces; or

(2)

Parking lot layout incorporates three or more double-loaded or single-loaded parking bays which are contiguous and parallel to each other.

(d)

Parking lots with required planting islands.

(1)

The minimum landscape parking islands shall be 10% of the parking area.

(2)

A minimum of one tree shall be provided for each five spaces of required parking. The remaining area of the island(s) shall be landscaped with shrubs, ground cover, lawn or additional trees.

(3)

Planting islands shall have a minimum width of eight feet to allow for bumper overhang and shall otherwise provide adequate width for the growth and maintenance of the intended landscape materials to be planted therein.

(4)

In the case of redevelopment proposals, this parking lot tree requirement is only applicable to those proposals that necessitate additional parking spaces over those that are currently provided.

(e)

The landscaping islands shall be dispersed throughout the parking lot, with interior dimensions of any planting area (i.e., interior parking median or island) sufficient to protect and maintain all landscaping materials planted therein.

(f)

Parking lot landscaping shall be installed and continuously maintained by the owner according to the requirements contained in this article.

Section 8-2-7 Tree and plant standards.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Any required landscaping shall be installed prior to the issuance of a certificate of occupancy. When the planting of landscaping conflicts with the planting season, a certificate of occupancy may be issued subject to the owner or developer providing surety in an amount approved by the Administrator for any remaining plantings. The owner or developer shall provide a development agreement which sets a deadline by which the plantings will be installed to be approved by the Administrator. The surety and agreement shall be in a form approved by the Town Attorney.

(b)

Existing healthy trees and shrubs shall be credited toward any minimum landscaping required by this division, provided they meet minimum size standards and are protected before and during construction and maintained thereafter in a healthy growing condition.

(c)

The owner of the property upon which the required landscaping or buffering is installed shall be responsible for maintenance and replacement.

(d)

All plantings shall be maintained in perpetuity in such a way as to ensure that the requirements of this chapter continue to be met. Any dead or dying plants shall be removed within 30 days of notification by the Administrator and shall be replaced by the property owner during the next viable planting season.

(e)

Landscaping materials should generally be sustainable and biologically diverse with emphasis on trees and plants native to Virginia. Suggested plants suitable for landscaping purposes as required in this division may be found in Appendix A.

(f)

Landscaping shall not obstruct the view of motorists using any street, private driveway, parking isles, or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety.

(g)

All required landscaping materials shall conform to the following minimum size or height standards at the time of planting:

(1)

Deciduous shade trees: two inches caliper.

(2)

Ornamental and understory trees: four feet height.

(3)

Coniferous trees: six feet height.

(4)

Shrubs: 18 inches spread or height.

Section 8-2-8 Tree protection standards.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Trees which are to be preserved on site shall be protected before, during, and after the development process utilizing accepted practices. At minimum, the tree protection practices set out in the Virginia Erosion and Sediment Control Handbook, as amended, shall be utilized.

(b)

Trees selected for preservation in order to obtain landscaping credits shall be shown on the landscape plan and clearly marked in the field. In woodland areas, groups of trees shall be selected for preservation rather than single trees wherever possible.

(c)

Trees and groups of trees which are to be preserved shall be enclosed by a temporary fence or barrier to be located and maintained five feet outside of their dripline during construction. Such a fence or barrier shall be installed prior to clearing or construction, shall be sufficient to prevent intrusion into the fenced area during construction, and in no case shall materials, vehicles, or equipment be stored or stockpiled within the enclosure. Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices.

(d)

The developer shall be responsible for notifying all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that they are observed.

(e)

Where grade changes in excess of six inches from the existing natural grade level are necessary, permanent protective structures such as tree wells or walls shall be installed as recommended by the tree preservation and protection standards outlined in the State Erosion and Sediment Control Handbook.

(f)

Tree preservation standards. In determining which trees shall be preserved, consideration shall be given to preserving trees which:

(1)

Are trees of ten-inch caliper or larger;

(2)

Are ornamental trees of any size;

(3)

Are trees within required setbacks or along boundaries unless necessary to remove for access, grading, circulation, utilities or drainage;

(4)

Are heritage, memorial, significant, and specimen trees;

(5)

Complement the project design including the enhancement of the architecture and streetscape appearance;

(6)

Can tolerate environmental changes to be caused by development (i.e., increased sunlight, heat, wind, and alteration of water regime);

(7)

Have strong branching and rooting patterns;

(8)

Are disease and insect resistant;

(9)

Complement or do not conflict with stormwater management and best management practice designs;

(10)

Are located in required buffer areas;

(11)

Exist in natural groupings, including islands of trees;

(12)

Do not conflict with necessary utility; and

(13)

Have been recommended by the Commonwealth Department of Forestry, the county cooperative extension service, or a certified arborist or urban forester for preservation.

Section 8-2-9 Walls and fences.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Fences and walls may be used within landscaped areas to provide buffering, privacy, separation, security, or for aesthetic reasons, but may not create an unsightly or unsafe condition on or off of the public or private property on which the fence or wall is proposed.

(b)

The provisions of this section shall apply to all construction, reconstruction, or replacement of fences or walls except:

(1)

Those required for support of a principal or accessory structure;

(2)

Engineered retaining walls necessary to the development of a site; or

(3)

Temporary fences for construction activities, tree protection, and erosion and sediment control.

(c)

Fences or walls shall not be located within the public right-of-way.

(d)

Fences and walls may be located within any required yard or setback.

(e)

Fences located within an easement shall receive written authorization from the easement holder or the Town (as appropriate). The Town shall not be responsible for damage to, or the repair or replacement of, fences that must be removed to access such easements or facilities.

(f)

No fence or wall shall be installed in a manner or in a location so as to block or divert a natural drainage flow on to or off of any other land, unless the fence or wall has specifically been approved as part of an approved stormwater management plan.

(g)

Fences and walls within buffers shall be installed so as not to disturb or damage existing vegetation or installed plant material.

(h)

No fence or wall shall be constructed in a manner or in a location that impairs safety or sight lines for pedestrians and vehicles traveling on public rights-of-way.

(i)

Appearance.

(1)

Customary materials. Fences and walls shall be constructed of any combination of treated wood posts and vertically oriented planks, rot-resistant wood, wrought iron, decorative metal materials, brick, stone, masonry materials, or products designed to resemble these materials.

(2)

Height. Fences and walls shall be permitted in accordance with the following standards:

No fence or wall between a street and a front building line shall be more than four feet in height;

A fence or wall in any residential zoning district shall not exceed seven feet in height above the existing grade without approval of a special use permit; and

A fence or wall in any business zoning district shall not exceed eight feet in height above the existing grade without approval of a special use permit.

(3)

Finished side to outside. Wherever a fence or wall is installed, if one side of the fence or wall appears more "finished" than the other (e.g., one side has visible support framing and the other does not), then the more "finished" side of the fence shall face the perimeter of the lot rather than the interior of the lot.

(4)

Compatibility of materials along a single lot side. All fencing or wall segments located along a single lot side shall be composed of a uniform style, material, and color compatible with other parts of the fence or wall.

(5)

Chain-link fencing shall be allowed, subject to the following requirements:

Agricultural districts: chain-link fencing is permitted on lots within agricultural zoning districts.

Residential districts: chain-link fencing is permitted on lots within residential zoning districts, provided it does not include opaque slats.

Industrial districts: chain-link fencing shall be allowed on lots within industrial zoning districts, provided it is coated with black or dark green vinyl. Where opaque fencing is required, the chain-link fencing may include black or dark green opaque slats.

Business/planned districts: chain-link fencing shall only be allowed on lots within business or PTD zoning districts where the chain-link fencing is not visible from any street right-of-way. The chain-link fencing shall be coated with black or dark green vinyl. Where opaque fencing is required, the chain-link fencing may include black or dark green opaque slats.

Old and Historic District: chain-link fencing is prohibited.

(j)

Prohibited materials. Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood, or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed into new building materials.

(k)

Maintenance. All fences and walls and associated landscaping shall be maintained in good repair and in a safe and attractive condition. The owner of the property on which a fence or wall is located shall be responsible for maintenance, including but not limited to, the replacement of missing, decayed, or broken structural and decorative elements.

Section 8-2-10 Compliance.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

The standards of this division shall be enforced by the Administrator. Modifications of the layout and design standards contained herein may be approved through a waiver by the Planning Commission upon a determination that the following conditions exist:

(1)

The proposed layout and design provide landscaping which will have the same or similar screening impact, intensity, or variation throughout the year when viewed from adjacent properties or rights-of-way as that which would be required by strict interpretation of the standards contained in this subsection.

(2)

The proposed layout and design fully integrate and complement the existing trees to be preserved on the site.

(3)

Any trees or shrubs installed or preserved on the site which exceed the minimum numerical requirements of this chapter shall not be subject to the species mixture, locational, maintenance or replacement requirements contained herein.

(4)

The Planning Commission through a waiver may reduce full buffering and screening to partial buffering and screening as deemed appropriate when uses are in-kind with adjacent uses.

(b)

Any dead or dying plants shall be removed within 30 days of notification by the Administrator and shall be replaced by the property owner during the next viable planting season.

(c)

An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Town affected by any decision of the Administrator in enforcement of this division as outlined in Article II, Division 7, of this chapter.

Section 8-3-1 Purpose and intent.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

The purpose of this division is to ensure efficient traffic flow and to reduce hazards to public safety by establishing standards for off-street parking and off-street loading areas.

(b)

This division is intended to:

(1)

Ensure adequate parking is designed and constructed during the erection of all new structures and the modifications to existing structures.

(2)

Provide safe and convenient traffic flow and add to the beautification of the Town.

Section 8-3-2 Generally.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Off-street parking and loading shall be provided in all zoning districts in accordance with the requirements of this division.

(b)

For the purpose of this division, an off-street parking space is a paved all-weather surfaced area not in a street or alley.

(c)

Parking shall be provided at the time of the erection of any building or structure, not less than the amount of parking space given in Article VIII, Section 8-3-9, Schedule of required spaces. Such space shall be maintained and shall not be encroached upon unless in conformance with the section on reduction below.

(d)

Loading space, as required in Article VIII, Section 8-3-11, Off-street loading requirements, shall not be construed as supplying off-street parking.

Section 8-3-3 Location in relation to use.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

All parking spaces required herein shall be located on the same lot with the building or principal use served, except that:

(1)

Upon approval of a special use permit by the Town Council.

(2)

Where an increase in the number of spaces is required where such spaces are/may be provided collectively or used jointly by two or more buildings or establishments.

(b)

A remote parking lot to satisfy the required spaces shall be established by a recorded covenant or agreement as parking space to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designated as required parking space.

Section 8-3-4 Joint use of spaces.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Religious assembly. Parking spaces already provided to meet off-street parking requirements for theaters, stadiums, auditoriums and other places of public assembly, stores, office buildings and industrial establishments, lying within 600 feet of a religious assembly as measured along lines of public access, that are not normally used between the hours of 6:00 a.m. and 6:00 p.m. on days used for religious assembly and events, may be used to meet not more than 75% of the off-street parking requirements of a religious assembly use.

(b)

Other places of public assembly. Parking spaces already provided to meet off-street parking requirements for stores, office buildings, and industrial establishments, lying within 500 feet of a place of public assembly, as measured along lines of public access that are not normally in use between the hours of 6:00 p.m. and 12:00 midnight and that are made available for other parking, may be used to meet not more than 50% of the total requirements of parking space.

(c)

In the case of mixed or joint uses of a building or premises having different peak parking demands, the parking spaces required may be reduced if approved by the Planning Commission or Administrator in conjunction with site plan approval. In such instances, the applicants shall demonstrate that the periods of peak use are separated sufficiently, and shared parking spaces are available to all uses sharing them, so as to not cause a parking demand problem.

Section 8-3-5 Reduction.

[1-3-2023 by Ord. No. 2023.01.03]

Off-street parking space required under this division may be reduced at a time when the capacity or use of a building is changed in such a manner that the new use or capacity would require less space than before the change. Such reduction may not be to a level below the standards set forth in this division.

Section 8-3-6 Old and Historic District and Entrance Corridor parking or unloading waiver.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

In the established Old and Historic District or the Entrance Corridor area which encompasses primarily "downtown," alternative parking requirements can be approved by the Planning Commission and Town Council as a waiver.

(1)

Public and surrounding property owner notification of the request is required.

(2)

The request should include:

The total amount of spaces required for the use;

The location and how the existing parking does not support their requirement;

How the applicant has attempted to acquire the required spaces; and

The impact on the existing public parking inventory.

Section 8-3-7 Design standards.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Surfacing. Surfacing of off-street parking or driveways shall consist of an improved dustless surface. Areas that include lanes for drive-in windows or contain parking areas shall be graded and surfaced with asphalt, concrete, or other material that will provide equivalent protection against potholes, erosion, and dust.

(b)

Area. Off-street parking areas shall be marked off into parking spaces with a minimum width of nine feet and a minimum length of 18 feet or, in the case of parking spaces for trucks, buses, or special equipment, parking spaces of a minimum size to be determined by the Administrator based on the nature of the parked vehicles.

(c)

Handicap accessible parking. Every land use shall include the number of handicap accessible off-street parking spaces in accordance with the requirements of the Virginia Uniform Statewide Building Code.[1]

[1]

Editor's Note: See Code of Virginia, § 36-97 et seq.

(d)

Separation from walkways and streets.

(1)

Off-street parking spaces shall be separated from walkways, sidewalks, streets, or alleys by a wall, fence, or curbing.

(2)

Off-street parking shall not be located within five feet of any commercial building.

(e)

Entrances and exits. The location and design of entrances and exits shall meet the VDOT traffic safety and design standards. In general, there shall not be more than one entrance and one exit or one combined entrance and exit along any one street.

(f)

Drainage and maintenance. Off-street parking facilities shall be drained to eliminate standing water and prevent damage to abutting property and/or public streets and alleys. Off-street parking areas shall be maintained in a clean, orderly and, to the extent possible, dust-free condition at the expense of the owner or lessee.

(g)

Marking. For all parking areas each parking space shall be striped and maintained. Parking spaces shall be marked by painted lines or curbs or other means to indicate individual spaces. Signs or markers shall be used to ensure efficient traffic operation on the lot.

(h)

Arrangement of interior aisles. All aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at a 90° angle with the aisle; 18 feet when the parking spaces are at 60° angle with the aisle; and 12 feet for parallel parking.

(i)

Lighting. Adequate lighting shall be provided in accordance with Article VIII, Division 1, of this chapter.

(j)

Screening. Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened in accordance with Article VIII, Division 2, Landscaping, Walls, and Fences, except in areas requiring natural air circulation, unobstructed view or other technical considerations necessary for proper operation, may submit a screening plan to be approved by the Administrator.

(k)

Fleet vehicles. Whenever daily or overnight storage of fleet vehicles is proposed, these vehicles shall be parked in off-street parking spaces located to the side or rear of the principal structure and screened in accordance with the requirements of Article VIII, Division 2, Landscaping, Walls, and Fences. These off-street parking spaces shall be identified on any approved site plan.

Section 8-3-8 Obligations of owner.

[1-3-2023 by Ord. No. 2023.01.03]

The requirements for off-street parking space and off-street loading space shall be a continuing obligation of the owner of the real estate on which any structure or use is located as long as such structure or use is in existence and the use requiring vehicle parking or vehicle loading facilities continues. It shall be unlawful for the owner of any structure or use affected by this division to discontinue, change, dispense with, or cause the discontinuance or change of the required vehicle parking or loading space, apart from the alternate vehicle parking or loading space which meets with the requirements of and is in compliance with this division. It shall be unlawful for any firm or corporation to use such structure without acquiring such land or other suitable land for vehicle parking or loading space which meets the requirements of and is in compliance with this division.

Section 8-3-9 Schedule of required spaces.

[1-3-2023 by Ord. No. 2023.01.03]

Except as otherwise provided in this chapter, when any building or structure is hereafter erected or structurally altered, or any building or structure hereafter erected is converted, off-street parking spaces shall be provided according to the requirements for individual uses in the following table.

(1)

Where fractional spaces result, the parking spaces required shall be increased to be the next highest whole number.

(2)

For minimum numbers established on square footage, the calculation shall be on usable area and not include storage space, utility closets and other building infrastructure features.

(3)

Exemptions to off-street parking requirements are contained in Article VIII, Section 8-3-4, Joint use of spaces, Section 8-3-5, Reduction, and Section 8-3-10, Interpretation of specific requirements for Table 8.3.9.

Table 8.3.9 Minimum Off-Street Parking Requirements
Uses			Minimum Number of Required Parking Spaces
A.	Residential Uses
	a.	Family day care home (1-4 children)	1 plus residential requirement
	b.	Group home	1 for each employee on largest shift plus one per 4 residents
	c.	Manufactured dwelling, single-family or two-family dwellings, accessory dwellings, townhouses, and group home	2 for each dwelling unit; 1 for each accessory dwelling
	d.	Manufactured home park	2 for each dwelling unit, plus 1 for owner/employee
	e.	Multifamily dwellings	2 for each dwelling unit
B.	Public/Civic/Recreation Uses
	a.	Education facility, college or university	1 for each employee on largest shift, plus 1 per 10 full-time equivalent students
	b.	Education facility, primary or secondary	1 for each employee on largest shift, plus 1 space for each 4 seats in the largest assembly room
	c.	Public park and recreation area	1 space per 4 visitors at peak service
	d.	Recreational facility, private	1 per 5 members or 1 for each 400 square feet of floor area, whichever is greater
	e.	Religious assembly; place of assembly	1 per 4 fixed seats in main assembly area or 1 for each 100 square feet of assembly floor space without fixed seating
C.	Commercial Uses
	a.	Automobile repair service, car washes and gasoline stations	3 for each bay, stall, rack, or pit, plus 1 for each gasoline pump; minimum 5 spaces
	b.	Automobile sales, rental or leasing; equipment sales or rental, heavy; and farm equipment and supply sales establishment	1 customer vehicle space for each 1,500 square feet of display area
	c.	Bed-and-breakfast	1 for each bedroom in addition to parking spaces required for permanent residents of the building
	d.	Brewery; microbrewery	1 for each 150 square feet of food beverage preparation and consumption area, plus 1 per 800 square feet of operations
	e.	Commercial indoor recreation or amusement	1 space for each 3 persons based on maximum occupancy, plus 1 space per employee on largest shift
	f.	Commercial outdoor recreation or amusement	1 per each 3-person based on maximum occupancy load, plus 1 space per employee on largest shift
	g.	Day-care center	1 for each 250 square feet
	h.	Farmer's market, seasonal outdoor sales	6, plus 1 per 250 square feet
	i.	Financial institutions	1 for each 500 square feet of floor area, plus 4 stacking spaces per service window
	j.	Funeral homes	1 for each 100 square feet of main assembly area, 30 spaces minimum
	k.	Garden center	1 for each 500 square feet
	l.	Hospitals	1 per patient bed
	m.	Hotel	1 for each bedroom or unit, plus required parking for any restaurant or assembly space
	n.	Nursing homes	1 per 4 beds
	o.	Office, general	1 for each 400 square feet of floor area not including halls and common areas
	p.	Offices, medical or clinic	1 per 200 square feet of floor area; 10 spaces minimum for a clinic
	q.	Mixed-use structure	1 per 400 square feet of sales floor area, plus 1 space for each dwelling unit
	r.	Personal services; personal improvement services; professional studios; business support service	1 for each 500 square feet of floor area
	s.	Restaurants (except drive-in)	1 for each 150 square feet of floor space, including outside seating
	t.	Restaurants, drive-in	1 for each 150 square feet of floor area plus stacking spaces as required in Article VII, Use Performance Standards
	u.	Retail store (all types)	1 for each 250 square feet of floor area
	v.	Short-term rental	3 per unit or 1 per bedroom, whichever is less
	w.	Shopping center	5 spaces per each 1,250 square feet of gross leasable floor area
	x.	Tradesperson service; catering facility	1 per 3 employees on maximum working shift plus space for storage of trucks or other vehicles used in connection with business
	y.	Veterinary hospital, commercial kennel	1 for each 400 square feet of floor area
D.	Industrial Uses
	a.	Manufacturing, light; laboratory research and development; laboratory, pharmaceutical	1 per employee on maximum working shift plus space for storage of trucks or other vehicles used in connection with the business or industry
	b.	Warehousing and distribution	1 for each 1,250 square feet of floor area
E.	Miscellaneous Uses
	a.	Accessory dwelling unit	1 per unit
	b.	Home occupation	Type A: 1 plus residential requirement; Type B: 2 plus residential requirement

Section 8-3-10 Interpretation of specific requirements for Table 8.3.9.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

The parking requirements above are in addition to space for storage of trucks, campers, recreation vehicles, or other similar vehicles used in connection with the use.

(b)

The parking requirements in this division do not limit other parking requirements contained in the district regulations.

(c)

The parking requirements in this division do not limit special requirements, which may be imposed for approval of a special use permit.

(d)

For residential uses, the total number of off-street parking spaces provided inside a private garage shall be calculated based on the intended design of the garage.

(e)

Except as otherwise provided, the number of employees shall be compiled on the basis of the maximum number of persons employed on the premises at one time on an average day or average night, whichever is greater. Seasonal variations in employment may be recognized in determining an average day.

(f)

The parking space requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation.

(g)

In the case of mixed uses, uses with different parking requirements occupying the same building or premises, or in the case of joint use of a building or premises by more than one use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(h)

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need under the requirements of this division for an increase in parking spaces of 10% or more, such additional spaces shall be provided on a basis of the change or enlargement. No additional spaces shall be required for the first change or enlargement which would result in an increase of spaces of less than 10% of those required before the change or enlargement, but this exception shall not apply to a series of changes or enlargements which together result in a need for an increase in parking space of 10% or more.

Section 8-3-11 Off-street loading requirements.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Off-street loading shall be provided at the time of the erection of any building or structure or at the time any building or structure is altered, enlarged, or increased in capacity by adding dwelling units, guest rooms, floor area, or seats, or a change of use, not less than the amount of loading space given in Article VIII, Section 8-3-11, Off-street loading requirements.

(b)

Location. All required off-street loading areas shall be located on the same lot as the use served and with the ability to be adequately screened as outlined in the design standards below.

(c)

Surfacing. All off-street loading areas shall be surfaced with an improved dustless surface.

(d)

Utilization. Space allocated to any off-street loading use shall not be used to satisfy the space requirements for any off-street parking area or portion thereof.

(e)

Specific requirements by use. Except as otherwise provided in this chapter, when any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by 25% or more, or any building in hereafter converted for the uses listed below when such buildings contain the floor areas specified, accessory off-street loading spaces shall be provided as required below or as required in subsequent sections of this division.

Table 8.3.11 Minimum Off-Street Loading Requirements
Use or Use Category		Floor Area (SF)	Loading Spaces Required
A.	Business and industrial establishments (except those uses listed below)	0-9,999	None
		10,000-20,000	1
		20,001-100,000	1 space, plus 1 space for each 20,000 square feet
		Each 40,000 over 100,000	1 additional
B.	Dwelling, multifamily; funeral home; hotel; office; hospital or similar institutions; or places of public assembly	0-4,999	None
		5,000-10,000	1
		10,001-100,000	2
		100,001-200,000	3
		Each 100,000 over 200,000	1 additional

Section 8-3-12 Interpretation of specific requirements for Table 8.3.11.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Loading requirements.

(1)

The loading space requirements apply to all districts but do not limit the special requirements which may be imposed in the district regulations.

(2)

The loading space requirements in this division do not limit special requirements which may be imposed in connection with uses permitted by approval of a special use permit.

(b)

Joint use of space. Where a building is used for more than one use or for different uses, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for the use in the building for which the most spaces are required. In such cases, the Administrator may make reasonable requirements for the location of required loading.

Section 8-3-13 Design standards.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Minimum size. For the purpose of the regulations of this division, a loading space is a space within the main building or on the same lot providing for the standing, loading, or unloading of trucks, and having a minimum area of 480 square feet, a minimum width of 12 feet, a minimum depth of 40 feet, and a vertical clearance of at least 15 feet.

(b)

Screening. Whenever an off-street loading area is located in or adjacent to a residential district, it shall be effectively screened in accordance with Article VIII, Division 2, except in areas requiring natural air circulation, unobstructed views or other technical considerations necessary for proper operation may submit a screening plan to be approved by the Administrator.

(c)

Requirements for uses within the Entrance Corridor Overlay. Loading docks shall be screened from view from public streets in compliance with the screening requirements of Section 8-2-8 of this chapter.

(d)

Loading space for funeral homes. Loading spaces for a funeral home may be reduced in size to 10 feet by 25 feet and vertical clearance reduced to eight feet.

(e)

Entrances and exits. Location and design of entrances and exits shall be in accordance with VDOT traffic safety and design standards. Where the entrance or exit of a building is designed for truck loading and unloading, such entrance or exit shall be designed to provide a least one off-street loading space. Where an off-street loading space is to be approached directly from a major thoroughfare, necessary maneuvering space shall be provided on the lot.

Section 8-4-1 Purpose and intent.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

These sign regulations are intended to define, permit, and control the size, material, location, and condition of signs in a manner that as its first priority protects those who travel in and through the Town. Town Council has adopted these regulations in order to achieve the following community goals and objectives:

(1)

Protect the health, safety, and welfare of the public.

(2)

Equitably distribute the privilege of using the public environs to communicate private information.

(3)

Safeguard the public use and nature of the streets and sidewalks.

(4)

Protect and enhance the visual environment of the Town.

(5)

Discourage the diminishing of property values in the Town.

(6)

Minimize visual distractions to motorists using the public streets.

(7)

Promote the economic growth of the Town by creating a community image that is conducive to attracting new business and industrial development.

(8)

Permit reasonable effectiveness of signs and to prevent their over-concentration, improper placement and excessive height, bulk, density, and area.

(9)

Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay, or abandonment.

(10)

Ensure that signs do not obstruct firefighting efforts or create traffic hazards by confusing or distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, other vehicles, or traffic signs.

(11)

Promote commerce and trade, with recognition of the effects of signage on the character of the community.

(b)

The Town Council finds that the regulations in this article advance the significant government interests identified herein and are the minimum amount of regulation necessary to achieve those interests.

Section 8-4-2 Administration.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Interpretation, conflict, and severability.

(1)

The regulations set forth in this article shall apply to all new signs, replacement signs, and their modification(s) established after the effective date of this chapter.

(2)

Signs not expressly permitted are prohibited.

(3)

Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations of such signs.

(4)

This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech.

(5)

Where this article differs in any manner from the provisions of the Virginia Uniform Statewide Building Code,[1] the Town Code, or any other ordinance or regulation of the Town, the ordinance, code, or regulation imposing the greatest restriction upon the use of any sign shall control.

[1]

Editor's Note: See Code of Virginia, § 36-97 et seq.

(6)

Should any article, section, subsection, sentence, clause, or phrase of this chapter, for any reason, be held unconstitutional or invalid, such decision or holding shall not affect the validity of the remaining portions hereof. It being the intent of the Town of Abingdon to enact each section and portion thereof, individually, and each such section shall stand alone, if necessary, and be in force regardless of the determined invalidity of any other section or provision.

(b)

Application and permit.

(1)

Sign permit required.

No sign shall be erected, installed, altered, modified, refaced, rehung, or replaced without obtaining a permit pursuant to this article, except as otherwise provided in this article. Signs within the Town's Old and Historic District shall conform to the requirements of such district and require a certificate of appropriateness issued by the Historic Preservation Review Board (HPRB).

For signs within the Town's Entrance Corridor, such permit shall conform to the requirements of such district and require certificate of appropriateness issued by the Planning Commission.

No permit shall be issued by the Administrator except upon a determination that a proposed sign is in conformity with the requirements of this article and, where applicable, in conformity with the requirements of an approved site plan for the property upon which the sign is to be placed. Appeals from decisions of the Administrator shall be taken to the Town's Board of Zoning Appeals.

More than one sign on one building or group of buildings located on the same parcel of land may be included on one application, provided that all such signs are applied for at one time.

After the issuance of an approved sign permit, the applicant may install and display the approved sign(s). Once installed, the Administrator may inspect the sign(s) for conformance with the approved sign permit and this chapter.

(2)

An application for such a permit shall:

Specify the type of sign to be constructed and the zoning district in which this sign is to be located.

Be accompanied with plans including a sketch of the property indicating the lot frontage.

Indicate the square footage and location of all existing signs on the property.

The area, size, structure, design, location, lighting, and materials for the sign.

Contain written consent of the owner or lessee of the land or building upon which the sign is to be erected.

(3)

Fee required.

Applications for sign permits shall be submitted to the Administrator, and shall be accompanied by the required fee, as set forth within the uncodified fee schedule adopted by Town Council.

(4)

Duration and revocation of permit.

Any sign permit shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit within six months of the date of approval.

A sign permit shall become null and void if the use to which it pertains is not commenced within six months after the date the sign permit is issued. Upon written request and for good cause shown, the Administrator may grant one six-month extension.

Whenever the use of a building or land is discontinued by the specific business, the sign permit shall expire and all signs pertaining to that business shall be removed by the property owner within 30 calendar days of the discontinuance.

The Administrator shall revoke a sign permit if the sign does not comply with applicable regulations of this article, building code, or other applicable law, regulation, or ordinance.

(c)

Special exceptions.

(1)

Comprehensive sign plan.

Special exceptions to this article may be granted in B, M, and PTD Districts as a comprehensive sign plan approved by special use permit. Special exceptions to the maximum height requirements in this article shall not be permitted.

The comprehensive sign plan is intended to promote consistency among signs within a development and enhance the compatibility of signs with the architectural and site design features within a development.

(2)

Contents of plan.

A comprehensive sign plan, which may be a written document or drawings adequate to depict the proposed signs, shall include:

The proposed general locations for freestanding signs on a lot as well as the proposed location(s) for building signs on a building facade.

Types of signs proposed.

A listing of materials proposed for all sign structures and sign surfaces.

The maximum number and maximum size of proposed signs.

The type of illumination, if any, proposed for all signs, including whether internally illuminated or external illuminated and describing the type of light fixture proposed.

A description of any ornamental structure upon which a sign face is proposed to be placed.

(3)

Amendment of plan.

A comprehensive sign plan may be amended by submitting a revised comprehensive sign plan for consideration and determination through the special use permit process. Upon approval, the amended plan shall have the same force and effect as an approved comprehensive sign plan.

Section 8-4-3 Exemptions.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Signs not requiring permit.

[Amended 11-13-2023 by Ord. No. 2023.11.13]

(1)

The following signs are allowed and do not require a permit:

Signs erected by the Town of Abingdon or required by law, including official traffic signs, wayfinding and topic specific signs, provisional warning signs, or sign structures, and temporary signs indicating danger.

Creeper Trail signage.

Trailhead signage shall serve as a welcome point at the trailheads managed by the Town of Abingdon. Signage can vary in size and message but should be compatible with other trailhead signage along the trail.

ii.

Trail kiosks. Trail kiosks along the trail should be consistent in nature, including but not limited to map for location, rules and regulations, and both emergency and nonemergency contact numbers for the Town of Abingdon.

iii.

Mile marker signage. Work with partners on the trail (Damascus and the Forest Service) to provide a consistent mile marker system and signage. Utilizing GPS/GIS mapping to pinpoint markers will allow for easier location during emergencies.

Roadway and safety signage.

Wayfinding signage. The Town of Abingdon shall support tourist destinations, outdoor recreation, emergency management and other points of interest through a Master Wayfinding Plan.

Memorial plaques and building cornerstones not exceeding six square feet in area and cut or carved into a masonry surface or other noncombustible material and made an integral part of the building or structure.

On a property under construction or renovation, for sale, or for rent temporary signs not exceeding four square feet for single-family detached properties or 18 square feet for all other residential, nonresidential, or mixed-use properties.

Window signs on the interior of the window otherwise known as "hours of operation" signage.

[Amended 11-13-2023 by Ord. No. 2023.11.13]

Signs displayed on an operable truck, bus, or other vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is attached or the use of such a vehicle as a portable sign.

House number, mailbox number, decorative yard signage.

Signs affixed to the interior of a permanent fence of a recreational or sports facility. Such signs shall be displayed only during the regular season of the individual sport.

Yard sale signs. Must be removed upon the completion of the sale/permit.

Section 8-4-4 Prohibited.

[1-3-2023 by Ord. No. 2023.01.03]

Prohibited signs.

(1)

Any sign affixed to, hung, placed, or painted on any other sign, fence, cliff, rock, tree, natural feature, public utility pole or structure supporting wire, cable, or pipe, or radio, television, or similar tower provided that this prohibition shall not affect official traffic, parking, or informational signs placed on utility poles by the Town government.

(2)

Any sign or banner within or across a public right-of-way, unless specifically approved by the Town Manager, or his designee.

(3)

Any sign that, due to its size, illumination, location, or height, obstructs the vision of motorists or pedestrians at any intersection, or similarly obstructs the vision of motorists entering a public right-of-way from private property.

(4)

Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority. Any such sign is subject to immediate removal and disposal by an authorized Town official as a nuisance.

(5)

Lighted window signage. This applies to all window signage whether located on the outside or inside of a window except for hours of operation signage.

[Amended 11-13-2023 by Ord. No. 2023.11.13]

(6)

Signs attached, painted, or mounted to unlicensed, inoperative, or generally stationary vehicles. Vehicles and trailers shall not be used primarily as static displays, advertising a business, product or service, nor utilized as storage, shelter, or distribution points for commercial products or services for the general public.

(7)

Signs on the roof surface or extending above the roofline of a structure, building, or parapet wall.

(8)

Off-premise signs, unless specifically permitted by this chapter.

(9)

Any flashing sign, except those officially erected for safety purposes.

(10)

Signs that emit sound, smoke, flame, scent, mist, aerosol, liquid, fluorescent colors, or gas.

(11)

Signs commonly referred to as wind signs, consisting of one or more banners, pennants, ribbons, spinners, streamers or captive balloons, or other devises fastened in such a manner as to move upon being subjected to pressure by wind, and including inflatable signs.

(12)

Signs that violate any provision of any federal or state law relative to outdoor advertising.

(13)

Any sign representing or depicting specified sexual activities or specified anatomical areas or sexually oriented goods. Any sign containing obscene text or pictures as defined by the Code of Virginia.

Section 8-4-5 General.

[1-3-2023 by Ord. No. 2023.01.03; amended 12-2-2024 by Ord. No. 2024.12.02A]

(a)

Standards.

(1)

Any sign displayed in the Town of Abingdon, shall comply with:

All provisions of this article;

All applicable provisions of the Uniform Statewide Building Code and all amendments thereto;[1]

[1]

Editor's Note: See Code of Virginia, § 36-97 et seq.

All state and federal regulations pertaining to the display of signage;

Sign area calculations.

(2)

The following method shall be utilized in the calculations of sign area:

The sign area permitted under this article is determined by measuring the entire face of the sign including any wall work incidental to its decoration but excluding support elements for the sole purpose of supporting the sign.

For signs that are regular polygons or circles, the area shall be calculated by the mathematical formula for that polygon or circle. For signs that are not regular polygons or circles, the sign area shall be calculated using the area within up to three rectangles that enclose the sign face.

The surface area of any sign made up only of individual letters or figures shall include the space between such letters or figures.

Whenever one sign contains information on both sides, sign area shall be calculated based on the largest sign face. Sides are not totaled.

(b)

Minimum setback. The minimum setback from any right-of-way, unless otherwise specified, is half the height of the sign.

(c)

Illumination.

(1)

All permitted signs may be indirectly lighted. Nonresidential signs within a residential district may be illuminated as outlined in Section 8-4-6. Signs within a business or industrial district may be internally lighted, unless such lighting is specifically prohibited in this article.

(2)

No sign shall be illuminated in such a way that light may shine into oncoming traffic, affect highway safety, or shine directly into a residential dwelling unit zoned.[2]

[2]

Editor's Note: So in original.

(3)

Any electrical sign shall display the required UL, ETL, CSA, or ULC label.

(4)

Illumination shall be no greater than 10,000 nits or footcandles from sunrise to sunset or 700 nits or footcandles from sunset to sunrise and be equipped with automatic brightness control which can dim the display brightness when ambient conditions exist.

(5)

Electronic service lines shall be underground.

(d)

Changeable signs.

(1)

Within any business or industrial district, unless located within the Entrance Corridor Overlay District between Porterfield Highway and Cummings Street (digital signs prohibited), one freestanding or wall-mounted sign per lot may be replaced with a digital or manual changeable message sign subject to the following requirements:

Location, area, and height, requirements shall be the same as for freestanding or wall signs.

The message shall not be changed more than once every 12 seconds, move, flash, or display animation, as prohibited in this article.

Any changeable message sign that malfunctions, fails, or ceases to operate in its usual or normal programmed manner, thereby causing motion, movement, flashing or any other similar effects, shall be repaired, covered, or disconnected by the owner or operator of such sign within 24 hours of notice of violation.

A photometric plan is required to verify the digital changeable sign's light does not exceed 0.3 footcandles over ambient light.

Existing nonconforming billboards cannot be converted to changeable signs.

Existing digital changeable signs within the Entrance Corridor Overlay District may be replaced with an identical size digital changeable sign.

(e)

Projecting signs.

(1)

Signs projecting over public walkways shall be a minimum height of eight feet from grade level to the bottom of the sign.

(2)

Projecting signs shall not extend more than six feet beyond the face of the building or beyond a vertical plane two feet inside the curbline.

(3)

Signs, architectural projections, or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the Town for such areas.

(f)

Temporary signs.

(1)

Each temporary sign shall be maintained in good, safe condition, securely affixed to a building or the ground.

(2)

A temporary sign shall not be illuminated.

(3)

A temporary sign permit shall be applied for and approval obtained prior to the installation of all temporary signs, pennants and streamers.

(4)

Temporary sign permits shall be issued for no more than 30 days per quarter.

(5)

Individual homeowners cannot advertise for businesses or events as that is considered off-premise signage.

(6)

Portable signs subject to the dimension requirements in this article and provided they in no way obstruct vehicular travel, public parking and/or pedestrian movement along sidewalks and are removed when the establishment is closed for business, must apply for and obtain approval of a sidewalk encroachment permit if applicable.

(7)

Residential parcels. Temporary signage shall be permitted on residential parcels for off-premise advertising, granted they comply with the temporary sign square footage and duration.

No permitting is required.

Temporary off-premise signage is not to exceed 32 square feet.

Signs shall be allowed no more than 14 days prior to the event and no more than three days after its termination.

(8)

Construction sites. Signs shall be permitted beginning when permits are issued for site preparation or construction and for the duration of actual construction and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first.

Such signs shall not exceed an area of 16 square feet and a height of six feet.

Each sign shall be at least 20 feet from contiguous property lines of adjacent landowners and at least five feet from any right-of-way.

Only one sign per street frontage shall be allowed.

Temporary signage may include off-premise information.

(g)

Minor signs.

(1)

Entrance/exit and on-site directional signs cannot have any association with a business.

(2)

Only one entrance and exit sign may be permitted at the connection of the street and driveway.

Section 8-4-6 Districts.

[1-3-2023 by Ord. No. 2023.01.03; amended 11-13-2023 by Ord. No. 2023.11.13; 12-2-2024 by Ord. No. 2024.12.02A]

(a)

District regulations.

(1)

The following requirements shall apply in the designated district, as appropriate, to permitted uses by right and special uses as may be permitted, subject to all other requirements of this chapter.

(2)

Sign area square footage limits are provided per sign unless specified as a total. Total area is calculated as an aggregate of all signs of that type.

Table 8.4.6(A) Maximum Sign Dimensions: AFOS District [Amended 11-13-2023 by Ord. No. 2023.11.13]
Sign Type		Residential Uses			Nonresidential Uses and Neighborhood Signs
Sign Type		Number	Area	Height	Number	Area	Height
1.	Freestanding	Not permitted	N/A	N/A	1 per street frontage	25 square feet	15 feet
2.	Wall	Not permitted	N/A	N/A	1 per street frontage	25 square feet	N/A
3.	Minor	1 per street frontage	3 square feet	N/A	Not limited	3 square feet	N/A
4.	Portable	Not permitted	N/A	N/A	1 per street frontage	6 square feet	4 feet
5.	Temporary	Not limited	32 square feet total	4 feet	Not limited	32 square feet total	4 feet
6.	Internally illuminated	Not permitted	N/A	N/A	Not permitted	N/A	N/A
7.	Window signage	Not permitted	N/A	N/A	Not permitted	N/A	N/A

Table 8.4.6(B) Maximum Sign Dimensions: R-1, R-2, R-3, R-4 Residential Districts [Amended 11-13-2023 by Ord. No. 2023.11.13]
Sign Type		Residential Uses			Nonresidential Uses and Neighborhood Signs
Sign Type		Number	Area	Height	Number	Area	Height
1.	Freestanding	Not permitted	N/A	N/A	1 per street frontage, shall be monument only	16 square feet	6 feet
2.	Wall	Not permitted	N/A	N/A	1 per street frontage	16 square feet	N/A
3.	Minor	1 per street frontage	3 square feet	N/A	Not limited	3 square feet	N/A
4.	Portable	Not permitted	N/A	N/A	1 per street frontage	6 square feet	4 feet
5.	Temporary	Not limited	32 square feet total	4 feet	Not limited	64 square feet total	4 feet
6.	Internally illuminated	Not permitted	N/A	N/A	Not permitted, except for churches, residential care facilities, apartment complexes, and townhouses*	N/A	N/A
7.	Window Signage	Not permitted	N/A	N/A	Not permitted	N/A	N/A

Table 8.4.6(C) Maximum Sign Dimensions: B-1, B-2, B-3, M-1, OI, and PTD Districts [Amended 11-13-2023 by Ord. No. 2023.11.13]
Sign Type		Number	Area	Height
1.	Freestanding	1 per street frontage	60 square feet, except 200 square feet allowed within 660 feet of I-81	15 feet, except 50 feet allowed within 660 feet of I-81
2.	Projecting	1 per business per street frontage	12 square feet	See Section 8-4-5
3.	Wall	1 per business per street frontage	Front: 2 square feet for every 1 LF of building face on which the sign is located; side and rear: 1 square feet for every 1 LF of building face on which the sign is located	N/A
4.	Canopy	1 per street frontage	0.5 square feet per LF of canopy fascia on which the sign is mounted	Sign shall not extend above or be suspended below the horizontal plane of the canopy fascia
5.	Portable	1 per business	12 square feet	4 feet
6.	Temporary	Not limited	32 square feet total	4 feet
7.	Minor	Not limited	3 square feet	4 feet
8.	Window Signage		10% square feet of total area of all windows on each building façade	N/A

Window signs are permitted only on the first floor of a building unless the business advertised is only on the floor where the window sign is displayed.

(b)

Old and Historic District.

(1)

Signs within the Old and Historic District shall be subject to the Town of Abingdon Design Review Guidelines for the Old and Historic District, as amended, and require a certificate of appropriateness by the Historic Preservation Review Board (HPRB).

(2)

The HPRB may approve the attachment or suspension of a sign from an existing freestanding or projecting sign or, in the case of a building on a site with more than one street frontage or more than one principal entrance, one additional freestanding or projecting sign per additional street frontage or principal entrance, if the HPRB determines that such an arrangement is in keeping with the architectural character of the property.

(3)

Window signage seen from a public right-of-way is not allowed without HPRB approval.

(4)

Temporary signage is allowed with staff approval with a maximum size of 12 square feet in area.

(5)

Sandwich board signs are allowed without HPRB approval.

Section 8-4-7 Nonconforming signs.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Nonconforming signs.

(1)

Any sign legally existing at the time of the passage of this chapter that does not conform in use, location, height, or size with the regulations of the zone in which such sign is located, shall be considered legally nonconforming and shall be permitted to continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations:

A nonconforming sign shall not be enlarged nor shall any feature of a nonconforming sign, including but not limited to illumination, be increased.

A nonconforming sign shall not be moved for any distance on the same lot or to any other lot unless such change in location will make the sign meet all current requirements of this article.

A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 50% of its sign area may be restored within two years after such destruction or damage but shall not be enlarged in any manner. If such sign is destroyed or damaged to an extent exceeding 50%, it shall not be reconstructed but may be replaced with a sign that meets all current requirements of this article.

(b)

Exemption for certain existing signs.

(1)

Notwithstanding any contrary provision in this chapter, no nonconforming sign is required to be removed solely by the passage of time.

Section 8-4-8 Enforcement.

[1-3-2023 by Ord. No. 2023.01.03]

(a)

Maintenance, repair, and removal.

(1)

Every sign permitted by this chapter shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the Administrator, or if any sign shall be unlawfully installed, erected, or maintained in violation of any of the provisions of this chapter, the owner thereof or the person or firm using same shall, upon written notice by the Administrator forthwith in the case of immediate danger, and in any case within not more than 10 days, make such sign conform to the provisions of this chapter, or shall remove it. If within 10 days the order is not complied with, the Administrator shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.

(2)

If a sign presents an imminent and immediate threat to life or property, then an authorized Town official may abate, raze, or remove it, and the Town may bring an action against the responsible party to recover the necessary costs incurred for abating, razing, or removing the sign.

(b)

Removal of abandoned signs.

(1)

A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove such sign, the Administrator shall give the owner 30 days' written notice to remove it. Upon failure to comply with this notice, the Administrator or his duly authorized representative may remove the sign at cost to the property owner.

Section 8-5-1 Title, purpose, and authority.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

This division shall be known as the "Erosion and Stormwater Management Ordinance of the Town of Abingdon."

(b)

The purpose of this division is to ensure the general health, safety, and welfare of the citizens of Town of Abingdon, protect the quality and quantity of state waters from the potential harm of unmanaged stormwater and soil erosion, including protection from a land disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced.

(c)

This division is authorized by § 62.1-44 15:27 of the Code of Virginia.

Section 8-5-2 Definitions.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

The following words and terms, when used in this division, shall have the following meanings, unless the context clearly indicates otherwise.

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.

AGREEMENT IN LIEU OF A PLAN

Means a contract between the Town of Abingdon and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of the VESMA and this division 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 5%; such contract may be executed by the Town of Abingdon in lieu of a soil erosion control and stormwater management plan.

APPLICANT

Means person submitting a soil erosion control and stormwater management plan to a VESMP authority for approval in order to obtain authorization to commence a land-disturbing activity.

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.

(1)

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.

(2)

PROPRIETARY BEST MANAGEMENT PRACTICE

Means both structural and non-structural 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.

BOARD

Means the State Water Control Board.

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.

CHANNEL

Means a natural stream or manmade waterway.

CHESAPEAKE BAY PRESERVATION ACT

Means Article 2.5 (§ 62.1-44.15:67 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.

CHESAPEAKE BAY PRESERVATION AREA

Means any land designated by a local government pursuant to Part III (9VAC25-830-70 et seq.) of the Chesapeake Bay Preservation Area Designation and Management Regulations and § 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 (9VAC25-830).

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.

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.

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.

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.

CONSTRUCTION ACTIVITY

Means any clearing, grading, or excavation associated with large construction activity or associated with small construction activity.

CONTROL MEASURE

Means any BMP, stormwater facility, or other method used to minimize the discharge of pollutants to state waters.

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 division, it includes state program requirements.

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.

DENUDED

Means a term applied to land that has been physically disturbed and no longer supports vegetative cover.

DEPARTMENT

Means the Virginia Department of Environmental Quality.

DEVELOPMENT

Means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation, or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes. The regulation of discharges from development, for purposes of stormwater management, does not include the exclusions found in 9VAC25-875-860.

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.

DISCHARGE

When used without qualification, means the discharge of a pollutant.

DISCHARGE OF A POLLUTANT

Means

(1)

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

(2)

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.

DISTRICT or SOIL AND WATER CONSERVATION DISTRICT

Means a political subdivision of the Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia.

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.

DORMANT

Means denuded land that is not actively being brought to a desired grade or condition.

DRAINAGE AREA

Means a land area, water area, or both from which runoff flows to a common point.

ENERGY DISSIPATOR

Means a nonerodable structure which reduces the velocity of concentrated flow to reduce its erosive effects.

ENVIRONMENTAL PROTECTION AGENCY or EPA

Means the United States Environmental Protection Agency.

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 treated to achieve the conservation objectives.

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 the erosion results from wave action or other coastal processes.

ESC

Means erosion and sediment control.

ESM PLAN

Means a soil erosion control and stormwater management plan, commonly referred to as the erosion control and stormwater management plan.

FARM BUILDING OR STRUCTURE

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

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.

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.

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.

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.

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.

FLUME

Means a constructed device lined with erosion-resistant materials intended to convey water on steep grades.

GENERAL PERMIT

Means a permit authorizing a category of discharges under the CWA and the VESMA within a geographical area.

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.

IMPERVIOUS COVER

Means a surface composed of material that significantly impedes or prevents natural infiltration of water into soil.

INCORPORATED PLACE

Means a city, town, township, or village that is incorporated under the Code of Virginia.

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.

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.

KARST FEATURES

Means sinkholes, sinking and losing streams, caves, large flow springs, and other such landscape features found in karst areas.

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.

LAND-DISTURBANCE APPROVAL

Means an approval allowing a land-disturbing activity to commence issued by the VESMP authority after the requirements of § 62.1-44.15:34 of the Code of Virginia have been met.

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 original purpose of the facility.

LINEAR DEVELOPMENT PROJECT

Means a land-disturbing activity that is linear in nature, such as, but not limited to: (i) the construction of electric and telephone utility lines, and natural gas pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; (iii) highway construction projects; (iv) construction of stormwater channels and stream restoration activities; and (v) water and sewer lines. Private subdivision roads or streets shall not be considered linear development projects.

LIVE WATERCOURSE

Means a definite channel with bed and banks within which concentrated water flows continuously.

LOCALITY

Means Town of Abingdon.

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.

MAIN CHANNEL

Means the portion of the stormwater conveyance system that contains the base flow and small frequent storm events.

MANMADE

Means constructed by man.

MINIMIZE

Means to reduce or eliminate the discharge of pollutants to the extent achievable using stormwater controls that are technologically available and economically practicable.

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.

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 bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.

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.

NONERODABLE

Means a material, e.g., riprap, concrete, plastic, etc., that will not experience surface wear due to natural forces.

NONPOINT SOURCE POLLUTION

Means pollution such as sediment, nitrogen, phosphorus, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed from the land surface in a diffuse manner by stormwater.

OPERATOR

Means the owner or operator of any facility or activity subject to the VESMA and this division. In the context of stormwater associated with a large or small construction activity, operator means any person associated with a construction project that meets either of the following two criteria: (i) the person has direct operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or (ii) the person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit or VESMP authority 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).

OWNER

Means the same as that term is defined in § 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.

PEAK FLOW RATE

Means the maximum instantaneous flow from a prescribed design storm at a particular location.

PERCENT IMPERVIOUS

Means the impervious area within the site divided by the area of the site multiplied by 100.

PERMIT

Means a VPDES permit issued by the department pursuant to § 62.1-44.15 of the Code of Virginia for stormwater discharges from a land-disturbing activity.

PERMITTEE

Means the person to whom the permit is issued.

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.

POINT OF DISCHARGE

Means a location at which concentrated stormwater runoff is released.

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.

POLLUTANT DISCHARGE

Means the average amount of a particular pollutant measured in pounds per year or another standard reportable unit as appropriate, delivered by stormwater runoff.

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 division.

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.

PREDEVELOPMENT

Refers to the conditions that exist at the time that plans for the land-disturbing activity are submitted to the VESMP authority. 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.

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.

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.

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 division as a prerequisite for engaging in land disturbance.

RUNOFF CHARACTERISTICS

Includes maximum velocity, peak flow rate, volume, and flow duration.

RUNOFF or STORMWATER RUNOFF

Means that portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways.

RUNOFF VOLUME

Means the volume of water that runs off the land development project from a prescribed storm event.

SEDIMENT BASIN

Means a temporary impoundment built to retain sediment and debris with a controlled stormwater release structure.

SEDIMENT TRAP

Means a temporary impoundment built to retain sediment and debris which is formed by constructing an earthen embankment with a stone outlet.

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.

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 non-vegetated or vegetated wetlands as defined in Title 28.2 of the Code of Virginia.

SITE

Means the land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. Areas channel-ward of mean low water in tidal Virginia shall not be considered part of a site.

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.

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.

SMALL CONSTRUCTION ACTIVITY

Means:

(1)

Construction activities including clearing, grading, and excavating that result 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 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 subdivision, 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 9VAC25-31-1020, all certifications submitted in support of the waiver shall be submitted electronically by the owner or operator to the department in compliance with this subdivision and 40 CFR Part 3 (including, in all cases, 40 CFR Part 3 Subpart D), 9VAC25-875-940, and Part XI (9VAC25-31-950 et seq.) of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation. Part XI of 9VAC25-31 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Part XI of 9VAC25-31, permittees may be required to report electronically if specified by a particular permit.

(2)

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.

SOIL EROSION

Means the movement of soil by wind or water into state waters or onto lands in the Commonwealth.

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 division.

STABILIZED

Means land that has been treated to withstand normal exposure to natural forces without incurring erosion damage.

STATE

Means the Commonwealth of Virginia.

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.

STATE WATER CONTROL LAW

Means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.

STATE WATERS

Means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.

STORM SEWER INLET

Means a structure through which stormwater is introduced into an underground conveyance system.

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:

(1)

MANMADE STORMWATER CONVEYANCE SYSTEM

Means a pipe, ditch, vegetated swale, or other stormwater conveyance system constructed by man except for restored stormwater conveyance systems;

(2)

NATURAL STORMWATER CONVEYANCE SYSTEM

Means the main channel of a natural stream and the flood-prone area adjacent to the main channel; or

(3)

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.

STORMWATER DETENTION

Means the process of temporarily impounding runoff and discharging it through a hydraulic outlet structure to a downstream conveyance system.

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.

STORMWATER MANAGEMENT PLAN

Means a document containing material describing methods for complying with the requirements of the VESMP.

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.

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.

SUBDIVISION

Means the same as defined in § 15.2-2201 of the Code of Virginia.

SURFACE WATERS

Means:

(1)

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;

(2)

All interstate waters, including interstate wetlands;

(3)

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:

That are or could be used by interstate or foreign travelers for recreational or other purposes:

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

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

(4)

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

(5)

Tributaries of waters identified in subdivisions (1) through (4) of this definition;

(6)

The territorial sea; and

(7)

Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subdivisions 1 through 6 of this definition.

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.

SWM

Means stormwater management.

TEMPORARY VEHICULAR STREAM CROSSING

Means a temporary nonerodable 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 nonerodable material.

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% chance of being equaled or exceeded in any given year.

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.

TOWN

Means Town of Abingdon.

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% chance of being equaled or exceeded in any given year.

VIRGINIA EROSION AND STORMWATER MANAGEMENT ACT or VESMA

Means Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of the Code of Virginia.

VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM AUTHORITY or VESMP AUTHORITY

Means Town of Abingdon approved by the department to operate the VESMP.

VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM or VESMP

Means a program established by the VESMP authority 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.

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.

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.

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.

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.

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.

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.

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.

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.

Section 8-5-3 Virginia Erosion and Stormwater Management Program established.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

Pursuant to § 62.1-44.15:27 of the Code of Virginia, Town of Abingdon hereby establishes a Virginia Erosion and Stormwater Management Program for land-disturbing activities and adopts the Virginia Erosion and Stormwater Management Regulation that specify standards and specifications for VESMPs promulgated by the State Water Control Board for the purposes set out in Section 8-5-1 of this division. The Town Council hereby designates the Department of Community Development as the administrator of the Virginia Erosion and Stormwater Management Program established by this division.

Section 8-5-4 Regulated land disturbing activities.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

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

(1)

Land-disturbing activity that disturbs 10,000 square feet or more, is less than one acre, not in an area of a locality designated as a Chesapeake Bay Preservation Area, and not part of a common plan of development or sale, is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of Part V of the Virginia Erosion and Stormwater Management Regulation (Regulation).

(2)

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 (9VAC25-875-540 et seq.) and Article 3 (9VAC25-875-570 et seq.) of Part V unless Article 4 (9VAC25-875-670 et seq.) of Part V of the Regulation is applicable, as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490.

(3)

Land-disturbing activity that disturbs one acre or more is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) and Article 3 (9VAC25-875-570 et seq.) of Part V unless Article 4 (9VAC25-875-670 et seq.) of Part V is applicable, as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490.

(b)

Land-disturbing activities exempt per 9VAC25-875-90 are not required to comply with the requirements of the VESMA unless otherwise required by federal law.

Section 8-5-5 Review and approval of plans (§ 62.1-44.15:34 of the Code of Virginia); prohibitions.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

The Town 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 § 62.1-44.15:34 of the Code of Virginia. Activities not required to comply with VESMA are defined in 9VAC25-875-90.

(b)

A person shall not conduct any land-disturbing activity in the Town until:

(1)

An application that includes a permit registration statement, if required, a soil erosion control and stormwater management plan or an executed agreement in lieu of a plan, if required, has been submitted to the Town;

(2)

The name of the individual who will be assisting the owner in carrying out the activity and holds a Responsible Land Disturber certificate pursuant to § 62.1-44.15:30 of the Code of Virginia is submitted to the Town. Except that such certificate shall not be required where an agreement in lieu of a plan for construction of a single-family detached residential structure is provided; however, if a violation occurs during the land-disturbing activity for the single-family detached residential structure, then the owner shall correct the violation and provide the name of the individual holding a Responsible Land Disturber certificate as provided by § 62.1-14:30 of the Code of Virginia. Failure to provide the name of an individual holding a Responsible Land Disturber certificate prior to engaging in land-disturbing activities may result in revocation of the land-disturbance approval and shall subject the owner to the penalties provided by the VESMA; and

(3)

Town of Abingdon has issued its land-disturbance approval. In addition, as a prerequisite to engaging in an approved land-disturbing activity, the name of the individual who will be assisting the owner in carrying out the activity and holds a Responsible Land Disturber certificate pursuant to § 62.1-44.15:30 of the Code of Virginia shall be submitted to the Town. Town of Abingdon may waive the Responsible Land Disturber certificate requirement for an agreement in lieu of a plan for construction of a single-family detached residential structure; however, if a violation occurs during the land-disturbing activity for the single-family detached residential structure, then the owner shall correct the violation and provide the name of the individual holding a Responsible Land Disturber certificate as provided by § 62.1-14:30 of the Code of Virginia. Failure to provide the name of an individual holding a Responsible Land Disturber certificate prior to engaging in land-disturbing activities may result in revocation of the land-disturbance approval and shall subject the owner to the penalties provided the Act.

(c)

Town of Abingdon may require changes to an approved ESM plan in the following cases:

(1)

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

(2)

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 VESMP authority and the owner.

(d)

In order to prevent further erosion, the Town 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 (§ 62.1-44.15:34).

(e)

Prior to issuance of any land-disturbance approval, Town of Abingdon may also require 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 Town 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 Town of Abingdon's 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.

(f)

Town of Abingdon 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.

(g)

No exception to, or waiver of, post-development nonpoint nutrient runoff compliance requirements shall be granted unless offsite options have been considered and found not available in accordance with Subsection D of § 62.1-44.15:35 of the Code of Virginia.

(h)

Town of Abingdon 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 § 62.1-44.15:50 of the Code of Virginia.

Section 8-5-6 Review of a soil erosion control and stormwater management plan (ESM plan).

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

Town of Abingdon shall approve or disapprove an ESM plan according to the following:

(1)

The Town 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 Town to be complete.

(2)

The Town shall issue either land-disturbance approval or denial and provide written rationale for any denial.

(3)

Prior to issuing a land-disturbance approval, the Town shall be required to obtain evidence of permit coverage when such coverage is required.

(4)

The Town 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.

Section 8-5-7 Stormwater permit requirement; exemptions.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

Land Disturbance Exemptions	Permissible Activities
Minor Land Disturbing Activities	Home gardens
Minor Land Disturbing Activities	Individual home landscaping, repairs, and maintenance work
Utilities	Installation, maintenance, or repair of any individual service connection
	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
	Installation, maintenance, or repair of any septic tank line or drainage field unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system
	Installation of fence and signposts or telephone and electric poles and other kinds of posts or poles
Mining Operations	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
Agriculture	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 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
Tidal Projects	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
Railroad	Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company
Emergency Projects	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, Town of Abingdon shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of Subsection (a) is required within 30 days of commencing the land-disturbing activity
NLDAS (Non-Land Disturbing Activities)	Discharges to a sanitary sewer or a combined sewer system; that are not from a land-disturbing activity.

(a)

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

(b)

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

(1)

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

(2)

Installation, maintenance, or repair of any individual service connection;

(3)

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;

(4)

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

(5)

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;

(6)

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 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 harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq., of the Code of Virginia) or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of the Code of Virginia;

(7)

Installation of fence and signposts or telephone and electric poles and other kinds of posts or poles;

(8)

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;

(9)

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

(10)

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, Town of Abingdon shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of Subsection (a) is required within 30 days of commencing the land-disturbing activity;

(11)

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

(c)

Notwithstanding this division and in accordance with the Virginia Erosion and Stormwater Management Act, Article 2.3 (§ 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:

Construction General Permit Exempt (ESC Required)	Permissible Activities
Governmental Reclamation	Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use
Road Maintenance	Routine maintenance 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

(1)

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

(2)

Routine maintenance 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

(3)

Discharges from a land-disturbing activity to a sanitary sewer or a combined sewer system.

Section 8-5-8 Stormwater pollution prevention plan; contents of plans (9VAC25-875-500).

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

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 (d) of this section.

(b)

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

(c)

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 describe control measures that will be used to minimize pollutants in stormwater discharges from the construction site must be developed before land disturbance commences.

(d)

In addition to the requirements of Subsections (a) through (c) 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 implemented by the operator so that discharges are consistent with the assumptions and requirements of the wasteload allocation.

(e)

The stormwater pollution prevention plan 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:

(1)

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

(2)

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;

(3)

Minimize the amount of soil exposed during construction activity;

(4)

Minimize the disturbance of steep slopes;

(5)

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;

(6)

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

(7)

Minimize soil compaction and, unless infeasible, preserve topsoil;

(8)

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 VESMP authority. 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 VESMP authority; and

(9)

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

(f)

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 onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site.

Section 8-5-9 Stormwater management plan; contents of plan (9VAC25-875-510).

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

A stormwater management plan shall be developed and submitted to the Town of Abingdon. The stormwater management plan shall be implemented as approved or modified by the Town and shall be developed in accordance with the following:

(1)

A stormwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria set forth in this division and Article 4 (9VAC25-875-670 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.

(2)

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

(b)

A complete stormwater management plan shall include the following elements:

(1)

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;

(2)

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;

(3)

A narrative that includes a description of current site conditions and final site conditions or if allowed by the VESMP authority, the information provided and documented during the review process that addresses the current and final site conditions;

(4)

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

(5)

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

(6)

Hydrologic and hydraulic computations, including runoff characteristics;

(7)

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

(8)

A map of the site that depicts the topography of the site and includes:

All contributing drainage areas;

Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and floodplains;

Soil types, geologic formations if karst features are present in the area, forest cover, and other vegetative areas;

Current land use including existing structures, roads, and locations of known utilities and easements;

Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels;

The limits of clearing and grading, and the proposed drainage patterns on the site;

Proposed buildings, roads, parking areas, utilities, and stormwater management facilities; and

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;

(9)

If an operator intends to meet the requirements established in 9VAC25-875-580 or 9VAC25-875-600 through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included; and

(10)

If the Town requires payment of a fee with the stormwater management plan submission, the fee and the required fee form in accordance with Section 8-5-8 of this division must have been submitted.

(c)

All final plan elements, specifications, or calculations of the stormwater management plans whose preparation requires a license under Chapter 4 (§ 54.1-400 et seq.) or 22 (§ 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.

Section 8-5-10 Pollution prevention plan; contents of plans (9VAC25-875-520).

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

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:

(1)

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

(2)

Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater; and

(3)

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

(b)

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

(1)

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

(2)

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

(3)

Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and

(4)

Soaps or solvents used in vehicle and equipment washing.

(c)

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).

Section 8-5-11 Erosion and sediment control plan; contents of plans (9VAC25-875-550).

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

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 9VAC25-875-560. The erosion and sediment control plan may include:

(1)

Appropriate maps;

(2)

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

(3)

A record of decisions contributing to conservation treatment.

(b)

The person responsible for carrying out the plan shall provide the name of an individual holding a certificate who will be in charge of and responsible for carrying out the land-disturbing activity to the Town of Abingdon. Note: The VESMP authority may waive the Responsible Land Disturber certificate requirement for an agreement in lieu of a plan in accordance with § 62.1-44.15:34 or § 62.1-44.15:55 of the Code of Virginia.

(c)

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 or agent thereof.

(d)

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.

Section 8-5-12 Technical criteria for regulated land-disturbing activities.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the Town of Abingdon hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part V of 9VAC25-875 expressly to include 9VAC25-875-580 [water quality design criteria requirements]; 9VAC25-875-590 [water quality compliance]; 9VAC25-875-600 [water quantity]; 9VAC25-875-610 [offsite compliance options]; 9VAC25-875-620 [design storms and hydrologic methods]; 9VAC25-875-630 [stormwater harvesting]; 9VAC25-875-640 [linear development project]; and, 9VAC25-875-650 [stormwater management impoundment structures or facilities], which shall apply to all land-disturbing activities regulated pursuant to this division, except as expressly set forth in Subsection (b) of this section.

(1)

To minimize stream channel erosion and flooding within the Town, additional water quantity regulations for channel protection and flood protection are hereby adopted and applicable for all permittable land-disturbing activities. Stormwater runoff from a development shall be released at a post-development peak flow rate for the two-year, twenty-four-hour storm event that is less than the pre-development peak flow rate from the two-year, twenty-four-hour storm event and released at a post-development peak flow rate for the ten-year, twenty-four-hour storm event that is less than the pre-development peak flow rate for the ten-year, twenty-four-hour storm event.

(b)

Any land-disturbing activity shall be considered grandfathered and shall be subject to Article 4 (9VAC25-875-670 et seq.) of Part V of the Regulation, provided:

(1)

A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the Town to be equivalent thereto: (i) was approved by the Town prior to July 1, 2012; (ii) provided a layout as defined in 9VAC25-875-670; (iii) will comply with the technical criteria of Article 4 of Part V of 9VAC25-875; 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;

(2)

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

(3)

Land disturbance did not commence prior to July 1, 2014.

(c)

Locality, state, and federal projects shall be considered grandfathered by the Town of Abingdon and shall be subject to the technical criteria of Article 4 of Part V of 9VAC25-875, provided:

(1)

There has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012;

(2)

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

(3)

Land disturbance did not commence prior to July 1, 2014.

(d)

Land disturbing activities grandfathered under Subsections (a) and (b) of this section shall remain subject to the technical criteria of Article 4 of Part V of 9VAC25-875 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.

(e)

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 9VAC25-875.

(f)

Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion.

Section 8-5-13 Long-term maintenance of permanent stormwater facilities.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

The operator shall submit a construction record drawing for permanent stormwater management facilities to the Town in accordance with 9VAC25-875-535. 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.

(b)

Town of Abingdon 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 Town and shall at a minimum:

(1)

Be submitted to the Town for review and approval prior to the approval of the stormwater management plan;

(2)

Be stated to run with the land;

(3)

Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;

(4)

Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Town; and

(5)

Be enforceable by all appropriate governmental parties.

Section 8-5-14 Monitoring and inspections.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

The Town of Abingdon shall inspect the land-disturbing activity during construction for:

(1)

Compliance with the approved erosion and sediment control plan;

(2)

Compliance with the approved stormwater management plan;

(3)

Development, updating, and implementation of a pollution prevention plan; and

(4)

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

(b)

The Town of Abingdon shall conduct periodic inspections on all projects during construction. The Town shall either:

(1)

Provide for an inspection during or immediately following 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; or

(2)

Establish an alternative inspection program which ensures compliance with the approved erosion and sediment control plan. Any alternative inspection program shall be:

Approved by the department prior to implementation;

Established in writing;

Based on a system of priorities that, at a minimum, address the amount of disturbed project area, site conditions and stage of construction; and

Documented by inspection records.

(c)

Town of Abingdon shall establish an inspection program that ensures that permanent stormwater management facilities are being adequately maintained as designed after completion of land-disturbing activities. Inspection programs shall:

(1)

Be approved by the department;

(2)

Ensure that each stormwater management facility is inspected by the Town or its designee, not to include the owner, except as provided in Subsections (d) and (e) of this section, at least once every five years; and

(3)

Be documented by records.

(d)

The Town of Abingdon may utilize the inspection reports of the owner of a stormwater management facility as part of an inspection program established in Subsection (b) 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 (§ 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.

(e)

If a recorded instrument is not required pursuant to 9VAC25-875-130, the Town 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 methods 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 Town.

Section 8-5-15 Hearings and appeals.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

Any permit applicant or permittee, or person subject to the requirements of this division, aggrieved by any action of the Town taken without a formal hearing, or by inaction of the Town, may demand in writing a formal hearing by the Town Council causing such grievance, provided a petition requesting such hearing is filed with the Community Development Department within 30 days after notice of such action is given by the Administrator.

(b)

The hearings held under this section shall be conducted by the Town Council, or by at least one member of the Town Council designated by the Town Council to conduct such hearings on behalf of the Town Council at any other time and place authorized by the Town Council.

(c)

A verbatim record of the proceedings of such hearings shall be taken and filed with the Town Council. Depositions may be taken and read as in actions at law.

(d)

The Town Council or its designated member, as the case may be, shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the local governing body, or its designated member, whose action may include the procurement of an order of enforcement from the circuit court. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions. In reviewing the agent's actions, the Town Council shall consider evidence and opinions presented by the aggrieved applicant and agent. After considering the evidence and opinions, the Town Council may affirm, reverse or modify the action. The Town Council's decision shall be final, subject only to review by the Circuit Court of Washington County, Virginia.

(e)

Final decisions of the Town Council under this division shall be subject to review by the Circuit Court of Washington County, Virginia provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land-disturbing activities.

Section 8-5-16 Right of entry.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

Town of Abingdon or any duly authorized agent thereof may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this division.

(b)

In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement, Town of Abingdon may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by conditions imposed by the Town on a land-disturbing activity when an owner, after proper notice, has failed to take acceptable action within the time specified.

Section 8-5-17 Enforcement.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

If the Community Development Department 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 to the address specified in the permit application or by delivery at the site of the development activities to the agent or employee supervising such activities.

(1)

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

(2)

If a permittee fails to comply with a notice issued in accordance with this section within the time specified, the Community Development Department 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 be issued in accordance with Town policy. Such orders shall become effective upon service to the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the Administrator. However, if the Community Development Department 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 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 an order is not complying with the terms thereof, the Community Development Department may institute proceedings for an injunction, mandamus, or other appropriate remedy in accordance with Subsection (c).

(b)

In addition to any other remedy provided by this division, if the Community Development Department or its designee determines that there is a failure to comply with the provisions of this division, they may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with this article.

(c)

Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the Community Development Department may be compelled in a proceeding instituted in Washington County Circuit Court by the Town to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy.

(d)

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 Community Development Department may be compelled in a proceeding instituted in Washington County Circuit Court by the Locality to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.

(1)

Violations for which a penalty may be imposed under this subsection shall include, but not be limited to, the following:

No state permit registration;

No SWPPP;

Incomplete SWPPP;

SWPPP not available for review;

No approved erosion and sediment control plan;

Failure to install stormwater BMPs or erosion and sediment controls;

Stormwater BMPs or erosion and sediment controls improperly installed or maintained;

Operational deficiencies;

Failure to conduct required inspections;

Incomplete, improper, or missed inspections; and

Discharges not in compliance with the requirements of 9VAC25-880-70.

(2)

The Community Development Department may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court.

(3)

In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance.

(4)

Any civil penalties assessed by a court as a result of a summons issued by the Town shall be paid into the treasury of the Town to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein in such manner as the court may, by order, direct.

(e)

Notwithstanding any other civil or equitable remedy provided by this division or by law, any person who willfully or negligently violates any provision of this division, 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.

Section 8-5-18 Fees.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

Fees to cover costs associated with implementation of a VESMP related to land disturbing activities and issuance of general permit coverage shall be imposed in accordance with the fee schedule maintained by the Community Development Department.

(b)

Any permittee, owner or development failing, neglecting, or refusing to provide a complete Notice of Termination within 30 days from final inspection may be subject to applicable fees as determined by the Community Development Department.

Section 8-5-19 Performance bond (4VAC50-60-104.D and Virginia Code § 603.8(A)).

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

Prior to issuance of any permit, the applicant shall be required to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the Town Attorney, to ensure that measures could be taken by the Town at the applicant's expense should he fail, after proper notice, within the time specified to initiate or maintain appropriate actions which may be required of him by the permit conditions as a result of his land-disturbing activity. If the Town takes such action upon such failure by the applicant, the Town may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. Within 60 days of the completion of the requirements of the permit 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.

Section 8-5-20 Stormwater and drainage improvements required.

[Added 8-6-2024 by Ord. No. 2024.08.06B]

(a)

Any proposed development adjoining a public street may be required to install curb and gutter along the entire portion of the street adjoining the proposed development if existing curb and gutter exists on the same street within 2,000 feet measured from the subject property(s).

(1)

Curb and gutter shall be installed on the same side of the street as the proposed development. At the discretion of the Town, the improvement(s) may be required to be installed on the opposite side of the street if:

The development currently has curb and gutter installed along all adjacent rights-of-way.

The Town determines it to be more beneficial to the health or welfare of the citizens or the best interests of the Town.

(b)

Existing publicly owned culverts, pipes, conveyances, ditches, swales, etc. serving the proposed development may be required to be replaced at the discretion of the Town, if inspection of these structures show inadequacy or damage due to age, erosion, or damage.

(c)

At the discretion of the Town Council, § 8-5-20, including Subsections (a) and (b), may be waived if recommended by the Town Manager.

Abingdon City Zoning Code

ARTICLE VIII

Section 8-1-1 Purpose and intent.

Section 8-1-2 Applicability.

Section 8-1-3 Standards.

Section 8-1-4 Lighting plan.

Section 8-1-5 Compliance.

Section 8-2-1 Purpose and intent.

Section 8-2-2 Application of landscape, wall, and fence standards.

Section 8-2-3 Landscape plan requirements.

Section 8-2-4 Landscaping requirements by zoning district.

Section 8-2-5 Screening.

Section 8-2-6 Parking lot landscaping.

Section 8-2-7 Tree and plant standards.

Section 8-2-8 Tree protection standards.

Section 8-2-9 Walls and fences.

Section 8-2-10 Compliance.

Section 8-3-1 Purpose and intent.

Section 8-3-2 Generally.

Section 8-3-3 Location in relation to use.

Section 8-3-4 Joint use of spaces.

Section 8-3-5 Reduction.

Section 8-3-6 Old and Historic District and Entrance Corridor parking or unloading waiver.

Section 8-3-7 Design standards.

Section 8-3-8 Obligations of owner.

Section 8-3-9 Schedule of required spaces.

Section 8-3-10 Interpretation of specific requirements for Table 8.3.9.

Section 8-3-11 Off-street loading requirements.

Section 8-3-12 Interpretation of specific requirements for Table 8.3.11.

Section 8-3-13 Design standards.

Section 8-4-1 Purpose and intent.

Section 8-4-2 Administration.

Section 8-4-3 Exemptions.

Section 8-4-4 Prohibited.

Section 8-4-5 General.

Section 8-4-6 Districts.

Section 8-4-7 Nonconforming signs.

Section 8-4-8 Enforcement.

Section 8-5-1 Title, purpose, and authority.

Section 8-5-2 Definitions.

Section 8-5-3 Virginia Erosion and Stormwater Management Program established.

Section 8-5-4 Regulated land disturbing activities.

Section 8-5-5 Review and approval of plans (§ 62.1-44.15:34 of the Code of Virginia); prohibitions.

Section 8-5-6 Review of a soil erosion control and stormwater management plan (ESM plan).

Section 8-5-7 Stormwater permit requirement; exemptions.

Section 8-5-8 Stormwater pollution prevention plan; contents of plans (9VAC25-875-500).

Section 8-5-9 Stormwater management plan; contents of plan (9VAC25-875-510).

Section 8-5-10 Pollution prevention plan; contents of plans (9VAC25-875-520).

Section 8-5-11 Erosion and sediment control plan; contents of plans (9VAC25-875-550).

Section 8-5-12 Technical criteria for regulated land-disturbing activities.

Section 8-5-13 Long-term maintenance of permanent stormwater facilities.

Section 8-5-14 Monitoring and inspections.

Section 8-5-15 Hearings and appeals.

Section 8-5-16 Right of entry.

Section 8-5-17 Enforcement.

Section 8-5-18 Fees.

Section 8-5-19 Performance bond (4VAC50-60-104.D and Virginia Code § 603.8(A)).

Section 8-5-20 Stormwater and drainage improvements required.