Pursuant to Code of Virginia, § 62.1-44.15:27, this ordinance is adopted as part of an initiative to integrate the City of Buena Vista stormwater management requirements with the City of Buena Vista's Erosion and Sediment Control Ordinance, flood insurance, floodplain management, and Chesapeake Bay Preservation Act requirements into a unified stormwater program and to enact this as part of a new article to the Land Development Regulations for the City of Buena Vista entitled "Environment."

1801.01

Purpose and authority. (Section 9VAC25-870-20, 9VAC25-870-40)

(a)

This article shall be known as the "Stormwater Management Ordinance." The purpose of this ordinance is to ensure the general health, safety, and welfare of the citizens of the City of Buena Vista and protect the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from a land-disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced.

(b)

This ordinance is adopted pursuant to Article 2.3 of Chapter 3.1 of Title 62.1.1 of the Code of Virginia (1950), as amended ("Code of Virginia").

(c)

This ordinance is also adopted to integrate the City of Buena Vista's stormwater management, erosion and sediment control, and any stormwater discharge regulations into unified stormwater program. The unified stormwater program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities into a more convenient and efficient manner for both the City of Buena Vista and those responsible for compliance with these programs. The City of Buena Vista has an Erosion and Sediment Control Ordinance under Chapter 18, 1800.00.

(d)

This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall apply.

1801.02

Definitions. (9VAC25-870-10)

In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater Management Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this ordinance have the following meanings unless otherwise specified herein. Where definitions differ, those incorporated herein shall have precedence.

"Administrator" means the VSMP authority including the City of Buena Vista Program Administrator, who is the Director of Water Quality, responsible for administering the VSMP on behalf of the City of Buena Vista. The administrator shall have the necessary authority to administer and enforce this chapter, including ordering in writing the remedying of any condition found in violation of this article. The administrator may report any noncompliance with this chapter to the city attorney, or the commonwealth attorney, as appropriate, with the request for appropriate action at law to ensure or obtain compliance with this chapter.

"Agreement in lieu of a stormwater management plan" means a contract between the VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of a VSMP for the construction of a single-family residence; such contract may be executed by the VSMP authority in lieu of a stormwater management plan.

"Applicant" means any person submitting an application for a permit or requesting issuance of a permit under this ordinance.

"Best management practice" or "BMP" means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities.

"City" means the City of Buena Vista, Virginia.

"Common plan of development or sale" means a contiguous area where separate and distinct construction activities may be taking place at different times on difference schedules.

"Comprehensive stormwater management plan" means a plan or document 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 portion thereof. The plan may also provide for the remediation of erosion, flooding, and water quality and quantity problems caused by prior development.

"Control measure" means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.

"Clean Water Act" or "CWA" means the federal Clean Water Act (33 U.S.C. § 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.

"Department" or "DEQ" means the Department of Environmental Quality.

"Development" means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes.

"Development agreement" means a comprehensive development plan agreement, land subdividers agreement, or an erosion and sediment control agreement.

"General permit" means the state permit titled General Permit for Discharges of Stormwater from Construction Activities found in Part XIV (9VAC25-880-1 et seq.) of the regulations authorizing a category of discharges under the CWA and the act within a geographical area of the Commonwealth of Virginia.

"Land disturbance" or "land-disturbing activity" means a manmade change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in Section 1801.03 of this ordinance.

"Layout" means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval.

"Linear development project" means a land-disturbing activity that is linear in nature such as, but not limited to:

(a)

The construction of electric and telephone utility lines, and natural gas pipelines;

(b)

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

(c)

Highway construction projects;

(d)

Construction of stormwater channels and stream restoration activities; and

(e)

Water and sewer lines.

Private subdivision roads or streets constructed in association with residential, commercial, or industrial site development are not considered linear development projects.

"Minor modification" means an amendment to an existing general permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor general permit modification or amendment does not substantially alter general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.

"Off-site facility" means a stormwater management measure located outside the subject property boundary described in the permit application for land-disturbing activity.

"Operator" means the owner or operator of any facility or activity subject to regulation under this ordinance.

"Permit" or "VSMP authority permit" means an approval to conduct a land-disturbing activity issued by the administrator for the initiation of a land-disturbing activity, in accordance with this ordinance, and which may only be issued after evidence of general permit coverage has been provided where applicable.

"Permittee" means the person to whom the VSMP authority permit is issued, including any owner or operator whose construction site is covered under a state construction general permit.

"Person" means any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity.

"Regulations" means the Virginia Stormwater Management Program (VSMP) Permit Regulations, 9VAC25-870 et seq., as amended.

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

"State" means the Commonwealth of Virginia.

"State board" means the Virginia State Water Control Board.

"State permit" means an approval to conduct a land-disturbing activity issued by the state board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the state board for stormwater discharges from a Municipal Separate Storm Sewer System (MS4). Under these state permits, the commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the regulations.

"State water control law" means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.

"State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the commonwealth or within its jurisdiction, including wetlands.

"Stormwater" means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.

"Stormwater management plan" means a document(s) containing material describing methods for complying with the requirements of Section 1801.06 of this ordinance.

"Stormwater facility maintenance agreement" means a legally binding agreement between the owner of a property and the city regarding long-term maintenance of stormwater management facilities.

"Stormwater management facility" means a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.

"Stormwater management program manual" means a document with references/guidance on how stormwater management systems are to be designed and the policies and procedures that are to be followed.

"Stormwater pollution prevention plan" or "SWPPP" means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this ordinance. In addition the document shall identify and require the implementation of control measures, and shall include, but not be limited to the inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.

"Subdivision" means the same as defined in Article 9 of the city's land development regulations.

"Total maximum daily load" or "TMDL" means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs.

"Virginia Stormwater Management Act" or "Act" means Article 2.3 of Chapter 3.1 of Title 62.1 of the Code of Virginia.

"Virginia stormwater BMP clearinghouse website" means a website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations.

"Virginia stormwater management program" or "VSMP" means a program approved by the state board after September 13, 2011, that has been established by a locality to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this article, and evaluation consistent with the requirements of this article and associated regulations.

"Virginia stormwater management program authority" or "VSMP authority" means an authority approved by the state board after September 13, 2011, to operate a Virginia Stormwater Management Program.

1801.03

Stormwater permit requirement; exemptions.

(a)

Except as provided herein, no person may engage in any land-disturbing activity until a VSMP authority permit has been issued by the administrator in accordance with the provisions of this ordinance.

(b)

This ordinance shall be applicable to land-disturbing activities including which are residential, commercial or industrial and meet the applicability criteria; approved stormwater management plans for these developments govern individual parcels in that plan throughout the development life even if ownership changes.

(c)

All stormwater management plans submitted for consideration under the terms of this chapter must be reviewed by the city to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with any city watershed plan, both current and future.

(d)

Notwithstanding any other provisions of this ordinance, the following activities are exempt, unless otherwise required by federal law:

(1)

Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia;

(2)

Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the state board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia;

(3)

Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures;

(4)

Land-disturbing activities that disturb less than one acre of land area are exempt unless these activities are part of a larger common plan of development or sale that is one acre or greater of disturbance;

(5)

Discharges to a sanitary sewer or a combined sewer system;

(6)

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

(7)

Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and

(8)

Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the Administrator shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of subsection (a) is required within 30 days of commencing the land-disturbing activity.

1801.04

Stormwater management program established; submission and approval of plans; prohibitions.

(a)

Pursuant to Code of Virginia, § 62.1-44.15:27, the city hereby establishes a Virginia stormwater management program for land-disturbing activities and adopts sections 9VAC25-870 of the Virginia Stormwater Management Regulations that specify standards and specifications for VSMPs promulgated by the state water control board for the purposes set out in Section 1801.01 of this ordinance. The City of Buena Vista hereby designates the Director of Water Quality as the Administrator of the Virginia Stormwater Management Program.

(b)

Unless specifically exempted by this article, any landowner or operator desiring a permit for a land disturbance activity shall submit to the city a permit application on a form provided by the city for that purpose. Permit applications shall comply with the requirements contained within the Stormwater Management Program Manual.

(c)

No VSMP authority permit shall be issued by the administrator, until the following items have been submitted to and approved by the administrator as prescribed herein:

(1)

A permit application that includes a general permit registration statement;

(2)

A stormwater management plan that meets the requirements of Section 1801.06 of this ordinance;

(3)

Evidence that general permit coverage is obtained;

(4)

A stormwater pollution prevention plan (SWPPP) that meets the requirements of Section 1801.05;

(5)

Maintenance agreements in accordance with section 1801.13;

(6)

Performance bonds in accordance with section 1801.23;

(7)

Permit application and plan review fee in accordance with Section 1801.22.

(d)

No VSMP authority permit shall be issued unless and until the permit application and attendant materials and supporting documentation demonstrate that all land clearing, construction, disturbance, land development and drainage will be done according to the approved permit.

(e)

No grading, building or other local permit shall be issued for a property unless an approved VSMP authority permit has been issued by the administrator.

(f)

Should a land-disturbing activity associated with an approved plan in accordance with this section not begin during the 180-day period following approval or cease for more than 180 days, the city may evaluate the existing approved stormwater management plan to determine whether the plan still satisfies local program requirements and to verify that all design factors are still valid. If the city finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the initiation or resumption of land-disturbing activities.

(g)

No land development permit or other land-disturbing activity shall be granted or extended for more than a total five consecutive years from the date of the original permit issuance without reevaluation of the stormwater management requirements of this chapter. This does not change the grandfathering requirements as stated in Section 1801.10.

(h)

In general, the requirements of (a) through (g) above shall be waived for individual lot single family home construction, within or outside of a common plan of development, disturbing less than five acres of land. Applicants for such projects shall execute with the city an "Agreement in Lieu of a Stormwater Management Plan," and shall pay the applicable fees prior to receiving a building permit. Applications for a building permit on such projects on lots that contain an established stormwater best management practice (including centralized bmps) shall include a detailed grading plan sufficient to show continued function of such practice(s) per its (their) original design.

1801.05

Stormwater pollution prevention plan; contents of plans.

(a)

The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified by Section 9VAC25-870-54 and must also comply with the requirements and general information set forth in Section 9VAC25-880-70 Section II of the general permit. Minimum content requirements of the SWPPP include:

(1)

An erosion and sediment control plan approved in accordance with the City of Buena Vista's Erosion and Sediment Control Ordinance Sections 14-46 through 14-80;

(2)

An approved stormwater management plan;

(3)

An approved pollution prevention plan; and

(4)

Any additional control measures necessary to address a TMDL.

(b)

The SWPPP shall be amended by the operator whenever there is a change in design, construction, operation, or maintenance.

(c)

The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Section II of the general permit, either electronically or in hard copy.

1801.06

Stormwater management plan; contents of plan.

(a)

The stormwater management plan, required in Section 1801.04 of this ordinance for a land-disturbing activity, shall apply the stormwater management technical criteria set forth in Section 1801.10 of this ordinance to the entire land-disturbing activity, consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. Individual lots in new residential, commercial, or industrial developments shall not be considered separate land-disturbing activities.

(b)

The stormwater management plan shall include all of the information required in the final stormwater management plan checklist found in the Stormwater Management Program Manual and includes:

(1)

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

(2)

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

(3)

A narrative that includes a description of current site conditions and final site conditions;

(4)

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

(5)

Information on the proposed stormwater management facilities, including:

(i)

The type of facilities;

(ii)

Location, including geographic coordinates;

(iii)

Acres treated; and

(iv)

The surface waters or karst features, if present, into which the facility will discharge.

(6)

Hydrologic and hydraulic computations, including runoff characteristics;

(7)

Documentation and calculations verifying compliance with the water quality and quantity requirements of Section 1801.10 of this ordinance;

(8)

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

(i)

All contributing drainage areas;

(ii)

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

(iii)

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

(iv)

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

(v)

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

(vi)

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

(vii)

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

(viii)

Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, roads, and easements.

(c)

If an operator intends to meet the water quality and/or quantity requirements set forth in Section 1801.10 of this ordinance through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity except as otherwise allowed by Code of Virginia, § 62.1-44.15:35.

(d)

Elements of the stormwater management plans that include activities regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.

(e)

A construction record drawing both paper and electronic copies for permanent stormwater management facilities shall be submitted to the administrator and approved. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia, certifying that the stormwater management facilities, including, but not limited to, storm drain pipes, culverts, BMPs, and any other facility used to control or treat stormwater have been constructed in accordance with the approved plan. The administrator may elect not to require construction record drawings for stormwater management facilities for which maintenance agreements are not required pursuant to Section 9VAC25-870-112. See Section 1801.15, As-builts.

(f)

In addition, an operations and maintenance manual in the form of a hard copy and an electronic format for the short term and long term maintenance of BMPs and stormwater detention facilities shall be submitted to the administrator and approved. These may include manufacturers' recommendations as appropriate. The registered professional shall certify that the owner, including home owners associations, industrial/business park/property owners or residential property owners, of the facility or facilities has received a copy of the operations and maintenance manual.

1801.07

Pollution prevention plan; contents of plans.

(a)

Pollution prevention plan, required by 9VAC25-870-56, shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to:

(b)

The pollution prevention plan shall include all of the information required as specified in the stormwater management manual and includes:

(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.

(c)

The pollution prevention plan shall include effective best management practices to prohibit the following discharges:

(1)

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

(2)

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

(3)

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

(4)

Soaps or solvents used in vehicle and equipment washing.

(d)

Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls.

(e)

The pollution prevention plan must be updated as necessary in order to minimize the discharge of pollutants.

1801.08

Review of stormwater management plan.

(a)

The administrator or any duly authorized agent of the administrator shall review stormwater management plans and shall approve or disapprove a stormwater management plan. All applications will be processed in accordance with procedures and time frames as set forth in the Stormwater Management Program Manual and includes:

(1)

The administrator shall determine the completeness of a plan in accordance with Section 1801.06 of this ordinance, and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete.

(2)

The administrator shall have an additional 60 calendar days from the date of the communication of completeness to review the plan, except that if a determination of completeness is not made within the time prescribed in subdivision (1), then plan shall be deemed complete and the administrator shall have 60 calendar days from the date of submission to review the plan.

(3)

The administrator shall review any plan that has been previously disapproved, within 45 calendar days of the date of resubmission.

(4)

During the review period, the plan shall be approved or disapproved and the decision communicated in writing to the person responsible for the land-disturbing activity or his designated agent. If the plan is not approved, the reasons for not approving the plan shall be provided in writing. Approval or denial shall be based on the plan's compliance with the requirements of this ordinance.

(5)

If a plan meeting all requirements of this ordinance is submitted and no action is taken within the time provided above in subdivision (2) for review, the plan shall be deemed approved.

(b)

Approved stormwater plans may be modified as follows:

(1)

Modifications to an approved stormwater management plan shall be submitted in writing and allowed only after review and written approval by the administrator. The administrator shall have 60 calendar days to respond in writing either approving or disapproving such request. All requests for modifications shall be in writing.

(2)

The administrator may require that an approved stormwater management plan be amended, within a time prescribed by the administrator, to address any deficiencies noted during inspection.

1801.09

Comprehensive stormwater management plans.

(a)

Applicants shall communicate with the administrator prior to submitting an application for stormwater management plan to determine if a comprehensive stormwater management plan has been developed for the applicable watershed.

(b)

If such a comprehensive stormwater management plan exists, the applicant must provide stormwater management water quality treatment on-site in accordance with the provisions of the comprehensive plan and other management provisions as specified by the city.

(c)

A comprehensive stormwater management plan, which accompanies and application, shall, at a minimum, address the following:

(1)

The specific stormwater management issues within the targeted watersheds;

(2)

The technical criteria in this article, the Stormwater Management Program Manual and the Virginia Stormwater Management Program (VSMP) Permit Regulations (9VAC25-870-92), as needed;

(3)

The goals and requirements of the city's comprehensive plan, zoning ordinance, and other planning documents;

(4)

Opportunities for financing a watershed plan through cost sharing with neighboring agencies or localities, implementation of comprehensive stormwater utility fees, etc.;

(5)

Maintenance of the selected stormwater management facilities; and

(6)

Future expansion of the selected stormwater management facilities in the event that development exceeds the anticipated level.

1801.10

Technical criteria for regulated land-disturbing activities.

(a)

To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the city hereby adopts the technical criteria for regulated land-disturbing activities set forth in:

(1)

Part II B of the regulations, as amended, expressly to include 9VAC25-870-63 [water quality design criteria requirements]; 9VAC25-870-65 [water quality compliance]; 9VAC25-870-66 [water quantity]; 9VAC25-870-69 [offsite compliance options]; 9VAC25-870-72 [design storms and hydrologic methods]; 9VAC25-870-74 [stormwater harvesting]; 9VAC25-870-76[linear development project]; and, 9VAC25-870-85 [stormwater management impoundment structures or facilities], which shall apply to all land-disturbing activities regulated pursuant to this ordinance, except as expressly set forth in subsection (b) of this section.

(2)

Part II C of the regulations, as amended, expressly to include 9VAC25-870-93 [definitions]; 9VAC25-870-94 [applicability]; 9VAC25-870-95 [general]; 9VAC25-870-96 [water quality]; 9VAC25-870-97 [stream channel erosion]; 9VAC25-870-98 [flooding]; 9VAC25-870-99 [regional (watershed-wide) stormwater management plan], which shall apply to all land-disturbing activities regulated pursuant to this ordinance, as expressly set forth in subsection (b) of this section and applies to grandfathered projects and projects subject to the provisions of 9VAC25-870-47 B.

(3)

Land-disturbing activities that obtain an initial state permit or commence land disturbance prior to July 1, 2014 shall be conducted in accordance with Part II C technical criteria. Such projects shall remain subject to Part II C technical criteria for two additional state permit cycles. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the board.

(4)

Land-disturbing activities that obtain an initial state permit on or after July 1, 2014 shall be conducted in accordance with the Part II B technical criteria, except as provided in 9VAC25-870-48 (grandfathering). Land-disturbing activities conducted in accordance with Part II B technical criteria shall remain subject to Part II B technical criteria for two additional permit cycles. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the board.

(5)

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

(b)

As set forth in 9VAC25-870-48 (grandfathering) subsection A, until June 30, 2019, the end of the second additional state general permit cycle, any land-disturbing activity for which a currently valid proffered or development plan, preliminary or final subdivision plat, comprehensive development plan or planned unit development plan, preliminary or final site plan or zoning with a plan of development, or any document determined by the city as being equivalent thereto, and was approved by the city prior to July 1, 2012, and for which no coverage under the general permit for discharges of stormwater from construction activities has been issued nor land disturbance begun prior to July 1, 2014, shall be considered grandfathered by the administrator and shall not be subject to the technical criteria of Part II B [of the regulations], but shall be subject to the technical criteria of Part II C [of the regulations] for those areas that were included in the approval, provided that the administrator finds that such proffered development plan, comprehensive development plan or planned unit development plan, preliminary or final subdivision plat, preliminary or final site plan or zoning with a plan of development, or any document determined by the city as being equivalent thereto, (i) provides for a layout and (ii) the resulting land-disturbing activity will be compliant with the requirements of Part II C. Verification of such compliance must have occurred at the time of city approval of such plat or plan, and have been based upon a plat or plan that (i) identified specific stormwater practices needed to ensure compliance and (ii) included calculations confirming such practices will provide adequate pollutant removal to ensure compliance. In the event that the city-approved document is subsequently modified or amended in a manner such that there is no increase over the previously approved plat or plan in the amount of phosphorus leaving each point of discharge of the land-disturbing activity through stormwater runoff, and such that there is no increase over the previously approved plat or plan in the volume or rate of runoff, the grandfathering shall continue as before.

(1)

Until June 30, 2019, for local, state, and federal projects for which there has been an obligation of local, state, or federal funding, in whole or in part, prior to July 1, 2012, or for which the department has approved a stormwater management plan prior to July 1, 2012, such projects shall be considered grandfathered by the city and shall not be subject to the technical requirements of Part II B of the regulations, but shall be subject to the technical requirements of Part II C of the regulations for those areas that were included in the approval.

(2)

For land-disturbing activities grandfathered under this subsection, construction must be completed by June 30, 2019, or portions of the project not under construction shall become subject to the technical requirements of subsection (1)(a) above.

(c)

In cases where governmental bonding or public debt financing has been issued (subsection D, 9VAC25-870-48) for a project prior to July 1, 2012, such project shall be subject to the technical requirements Part IIC of the regulations, as adopted by the city in subsection (b) of this section.

1801.11

Exceptions.

(a)

The administrator may grant exceptions to the technical requirements of Part II B or Part II C of the regulations, provided that (i) the exception is the minimum necessary to afford relief, (ii) reasonable and appropriate conditions are imposed so that the intent of the act, the regulations, and this ordinance are preserved, (iii) granting the exception will not confer any special privileges that are denied in other similar circumstances, and (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship alone is not sufficient reason to grant an exception from the requirements of this ordinance.

(b)

Exceptions to the requirement that the land-disturbing activity obtain required VSMP authority permit shall not be given by the administrator, nor shall the administrator approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website, or any other control measure duly approved by the state water control board.

(c)

Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options otherwise permitted pursuant to 9VAC25-870-69 have been considered and found not available.

(d)

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

(e)

A request for an exception from the stormwater management program technical requirements shall be submitted in writing to the administrator for approval.

(f)

If a comprehensive stormwater management facility, designed to control stormwater quantity or quality, currently operates or is the subject of a VSMP authority permit issued by the city is to be constructed downstream of the proposed development, the city has the option to require the developer to pay a fee for its share of the responsibility of the comprehensive stormwater management facility. Paying a fee in lieu of stormwater management practices does not relieve the developer of meeting any requirements of this stormwater ordinance other than the negotiated relief. The developer is responsible for ensuring that downstream properties are not negatively impacted by stormwater flow, velocity, or quality leaving the developed site.

1801.12

Stormwater management program manual.

(a)

The city will utilize the policy, criteria and information of the stormwater management program manual for the proper implementation of the requirements of this ordinance.

(b)

The city manager or designee may update or revise the stormwater management program manual from time to time, without approval by city council, provided that those updates pertain to changes in policy or standard engineering practices and do not conflict with VSMP regulations.

1801.13

Long-term maintenance of permanent stormwater facilities.

(a)

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

(1)

Be submitted to the administrator for review, approval and recordation prior to the approval of the stormwater management plan;

(2)

Be stated to run with the land;

(3)

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

(4)

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

(5)

Be enforceable by all appropriate governmental parties.

(b)

The maintenance agreement shall provide for access to stormwater management facilities at reasonable times for periodic inspection by the city, or its contractor or agent or other designee, and for regular assessments of landowners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this ordinance.

(c)

When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public storm drainage system, duly authorized employees, agents, or representatives of the city shall be authorized to enter such public or private property at any reasonable time for the purpose of inspection. Entry onto the property includes the right to enter when there is a reasonable basis to believe that a violation of this article is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance.

(d)

Maintenance of all stormwater management facilities shall be ensured through the maintenance agreement recorded with the city clerk of circuit court prior to final plan approval. The agreement shall identify the responsible party for carrying out the maintenance, including the owner, governmental agency or other legally established entity to be permanently responsible for maintenance.

(e)

The operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the responsible party and shall pass to any successor in title. Any changes to the maintenance agreement shall be reviewed and approved by the city prior to plan approval.

(f)

As part of the maintenance agreement, a schedule shall be developed for the frequency of inspection and maintenance of stormwater management facilities to ensure proper function and performance. The agreement shall also include "failure to maintain" provisions and provisions for submission of inspection and maintenance reports to the administrator. The terms of the maintenance agreement shall incorporate and be consistent with the requirements of the operation and maintenance portion of the stormwater management plan as described in the stormwater management program manual.

1801.14

Monitoring and inspections.

(a)

The permittee must notify the administrator before the commencement of construction and before construction of critical components of a stormwater management facility.

(b)

The administrator or any duly authorized agent of the administrator shall inspect the land-disturbing activity during construction for:

(1)

Compliance with the approved erosion and sediment control plan;

(2)

Compliance with the approved stormwater management plan;

(3)

Compliance with the approved pollution prevention plan as well as updating, and implementation of a pollution prevention plan; and

(4)

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

(c)

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

(d)

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

(e)

Periodic inspections of the stormwater management system construction shall be conducted by the staff of the city. Stormwater management construction inspection shall utilize the approved stormwater management plans and specifications in reviewing compliance with the requirements of this ordinance chapter. The city shall perform inspections that can be confirmed by visual means only.

(f)

Pursuant to Code of Virginia, § 62.1-44.15:40, the administrator may require every VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this ordinance, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this ordinance.

(g)

Post-construction inspections of stormwater management facilities required by the provisions of this ordinance shall be conducted by the administrator or any duly authorized agent of the administrator pursuant to the city's adopted and state water control board approved inspection program, and shall occur, at minimum, at least once every five years.

(h)

Upon completion, the permittee is responsible for certifying that the completed project is in accordance with the approved plans and specifications and shall conduct regular inspections during construction sufficient to adequately document compliance. All permittee inspections, conducted by the permittee, shall be documented and written reports prepared that contain the following information:

(1)

The date and location of the permittee inspection;

(2)

Whether construction is in compliance with the approved stormwater management plan;

(3)

Variations from the approved construction specifications;

(4)

Corrective actions that have been taken to correct previous violations;

(5)

Any violations that exist; and

(6)

The name and signature of the person who performed the inspection.

(i)

If the inspections, conducted by the city, find any violations, the permittee shall be notified in writing of the nature of the violation and the required corrective actions. No additional construction or land-disturbing activity in the area of the violation shall proceed until violations are corrected and all work previously completed has received approval by the administrator.

(j)

The permittee shall provide inspection monitoring and reports to ensure compliance with the approved plan and to determine whether the measures required in the plan provide effective stormwater management.

(k)

If the administrator determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan in accordance with Section 1801.18 of this article.

(l)

The permittee shall be responsible for the maintenance and repair of stormwater management facilities during construction. Following the completion and acceptance of construction, a responsible party shall be designated for the maintenance and repair of stormwater management facilities. Persons responsible for the maintenance and repair of stormwater management facilities shall perform periodic inspection, maintenance, and repair, in conformance with the applicable maintenance agreement in accordance with Section 1801.13(f). All inspection, maintenance, and repair activities shall be documented.

(m)

All stormwater structures and management facilities shall be properly maintained repaired, and inspected as required to meet the performance requirements as specified in the approved stormwater facility maintenance agreement, including any stormwater structure or stormwater management facility existing as of the effective date of this article.

(n)

In addition to the inspections performed by the permittee or landowner, the city shall periodically inspect all stormwater management facilities. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety, public health, or the environment, the city shall notify the landowner by registered or certified mail. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to meet the requirements of the maintenance covenant, the city, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the landowner. In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the city reserves the authority to perform the work and to recover the costs from the landowner.

(o)

Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all inspections, maintenance and repairs, and shall retain the records for at least five years.

(p)

Records of inspection and maintenance by the responsible party shall be submitted to the city annually.

(q)

The city will conduct post-construction inspections of stormwater management facilities at least once every five years.

1801.15

As-builts.

(a)

The permittee shall submit as-built plans, acceptable to the city, and supporting documentation, acceptable to the administrator, for any stormwater management facility and storm drainage system associated with the project after final construction is completed, prior to the city's final inspection. The plan and documentation must show that the installed stormwater management facility and applicable storm drainage system components conform to the requirements contained within the approved stormwater management plan.

(b)

As-built and certification documentation shall comply with all applicable requirements in the stormwater management program manual. See Section 1801.06(e).

1801.16

Hearings.

(a)

Any permit applicant or permitted, or person subject to ordinance requirements, aggrieved by any action of the City of Buena Vista taken without a formal hearing, or by inaction of the City of Buena Vista, may request in writing a formal hearing by the city's board of zoning appeals provided a petition requesting such hearing is filed with the administrator within 30 days after notice of such action is given by the administrator. Hearings shall be held in accordance with Code of Virginia, § 62.1-44.15:44, as amended.

(b)

A verbatim record of the proceedings of such hearings shall be taken and filed with the city council's clerk. Depositions may be taken and read as in actions at law.

(c)

The board of zoning appeals 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.

1801.17

Appeals.

Appeals by a permittee aggrieved by any final decision of city's board of zoning appeals after the hearing required in Section 1801.16, above, shall be subject to review by the Circuit Court of the City of Buena Vista, 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.

1801.18

Enforcement.

(a)

If the administrator determines that there is a failure to comply with the VSMP authority permit conditions or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the permit application or by delivery at the site of the development activities to the agent or employee supervising such activities.

(1)

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

(2)

The notice shall specify a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed, as well as a statement that the determination of violation may be appealed by filing a written notice of appeal within 30 days of service of notice of violation.

(3)

If a permittee fails to comply with a notice issued in accordance with this Section within the time specified, the administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required permit to cease all land-disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed.

Such orders shall be issued in accordance with the city's approved procedures. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the administrator. However, if the administrator 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 administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with subsection 1801.18(c).

(b)

The stop work order shall be in effect until the city confirms that the land-disturbing activity is in compliance with the requirements of this Article and the violation has been satisfactorily addressed. Upon failure to comply within the time specified, the permit may be revoked and the applicant shall be deemed to be in violation of this article and upon conviction shall be subject to the penalties provided by this article. In addition to any other remedy provided by this Ordinance, if the administrator or his designee determines that there is a failure to comply with the provisions of this ordinance, they may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with the city's erosion and sediment control policy which is included in the Stormwater Management Program Manual.

(c)

Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the administrator may be compelled in a proceeding instituted in the Circuit Court of the City of Buena Vista to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.

(d)

Any person who violates any provision of this ordinance or who fails, neglects, or refuses to comply with any order of the administrator, shall be subject to a civil penalty not to exceed $32,500.00 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.

(1)

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

(i)

No state permit registration;

(ii)

No SWPPP;

(iii)

Incomplete SWPPP;

(iv)

SWPPP not available for review;

(v)

No approved erosion and sediment control plan;

(vi)

Failure to install stormwater BMPs or erosion and sediment controls;

(vii)

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

(viii)

Operational deficiencies;

(ix)

Failure to conduct required inspections;

(x)

Incomplete, improper, or missed inspections; and

(xi)

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

1801.19

Civil and criminal penalties.

(a)

The administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court. The action may seek the imposition of a civil penalty of not more than $32,500.00 against the person for each violation.

(b)

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.

(c)

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

(e)

Notwithstanding any other civil or equitable remedy provided by this section or by law, any person who willfully or negligently violates any provision of this ordinance, any order of the administrator, any condition of a permit, or any order of a court shall, be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less than $2,500.00 nor more than $32,500.00, or both.

1801.20

Restoration of lands.

(a)

Any violator may be required to restore land to its undisturbed condition or in accordance with a notice of violation, stop work order, or permit requirements.

(b)

In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which shall be covered by the performance bond, or become a lien upon the property until paid, or both.

1801.21

Holds on certificate of occupancy.

Certificates of occupancy (temporary or permanent) shall not be granted until the stormwater management features, including but not limited to all storm drains, culverts, conveyances, and BMPs, have been installed per the approved plans, inspected, as-built and accepted by the city.

1801.22

Fees.

(a)

Fees to cover costs associated with implementation of a VSMP related to land-disturbing activities and issuance of general permit coverage and VSMP authority permits shall be imposed in accordance with the city's adopted fee schedule. When a site or sites has been purchased for development within a previously permitted common plan of development or sale, the applicant shall be subject to fees in accordance with the disturbed acreage of their site or sites according to the city's adopted fee schedule.

(b)

The fee for review of the stormwater management plan shall accompany such plan when it is submitted for review and shall be in an amount as set forth in the city's adopted fee schedule.

(c)

Fees for the modification or transfer of registration statements from the general permit issued by the state water control board shall be imposed in accordance with the city's adopted fee schedule. If the general permit modifications result in changes to stormwater management plans that require additional review by the City of Buena Vista, such reviews shall be subject to the fees set out in the city's adopted fee schedule The fee assessed shall be based on the total disturbed acreage of the site. In addition to the general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage in Table 1 of the fee schedule.

(d)

Annual permit maintenance shall be imposed in accordance with the city's adopted fee schedule, including fees imposed on expired permits that have been administratively continued. With respect to the general permit, these fees shall apply until the permit coverage is terminated.

(e)

General permit coverage maintenance fees shall be paid annually to the City of Buena Vista, by the anniversary date of general permit coverage. No permit will be reissued or automatically continued without payment of the required fee. General permit coverage maintenance fees shall be applied until a notice of termination is effective.

(f)

The fees set forth in subsections (a) through (d) above, shall apply to:

(1)

All persons seeking coverage under the general permit.

(2)

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

(3)

Persons whose coverage under the general permit has been revoked shall apply to the department for an individual permit for discharges of stormwater from construction activities.

(4)

Permit and permit coverage maintenance fees outlined under Section 1801.22(d) may apply to each general permit holder.

(g)

No general permit application fees will be assessed to:

(1)

Permittees who request minor modifications to general permits as defined in Section 1801.02 of this ordinance. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that require additional review by the administrator shall not be exempt pursuant to this section.

(2)

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

(h)

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

1801.23

Performance bond. (4VAC50-60-104.D and Code of Virginia, § 62.1-44.15:34 A)

(a)

Prior to issuance of any permit, the applicant may be required, at the city's discretion, to submit a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the city's attorney, to ensure that measures could be taken by the city 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 city takes such action upon such failure by the applicant, the city 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.

(b)

The project surety shall be approved by the city prior to plan approval. The applicant shall be notified of project surety requirements during the plan review process.

(c)

The amount of the installation performance security shall be the total estimated construction cost of the storm drainage systems and stormwater management facilities approved under the permit, plus ten percent as an allowance for administrative costs, inflation and damage to existing facilities.

(d)

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

(e)

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

(Ord. No. 14-07, 6-5-2014)