agenda mark - manassas, va

ClTY OF MANASSAS, VIRGINIA ClTY COUNCIL MEETING

AGENDA

Harry J. Parrish ll

City Council Andrew L. Harrover, Vice Mayor

Marc T. Aveni Ian T. Lovejoy

J. Steven Randolph Jonathan L. Way

Mark D. Wolfe

City Manager W. Patrick Pate

City Clerk Andrea P. Madden

SPECIAL MEETING OF THE ClTY COUNCIL SECOND FLOOR CONFERENCE ROOM - ClTY HALL

MANASSAS, VIRGINIA MONDAY, MAY 5, 2014

5:30 P.M. ORDER OF BUSINESS

CALL TO ORDER

ROLL CALL PAGE

WORK SESSIONS

1, Work Session on the Advanced Meter Infrastructure (AMI) Pilot 3 0 Minutes Briefing - Capital Improvement Program (CIP) Project E-29 and 3 W-44. (Staff: Michael Moon, Director of Public Works and Utilities.)

2. Work Session on Draft Revisions and Amendments to the Flood 1 0 Minutes Plain Ordinance (Chapter 66 of the Code of Ordinances, City of 41 Manassas, Virginia (2002), as Amended.) (Staff: Patrick Moore, Deputy Director of Public Works.)

3. Work Session on Drafting a Storm Water Ordinance (Chapter 2 0 Minutes 58 of the Code of Ordinances, City of Manassas, Virginia 65 (2002), as Amended.) (Staff: Patrick Moore, Deputy Director of Public Works.)

ADJOURNMENT

AGENDA STATEMENT PAGE NO.

ITEM NO. f MEETING DATE: May 5,2014 Council Work Session

TIME ESTIMATE: 30 minutes

AGENDA ITEM TITLE: AM1 Pilot Briefing - CIP Project E-29 & VV-44

DATE THIS ITEM WAS LAST CONSlDERED BY COUNCIL:

SUMMARY OF ISSUWOPIC: Staff will present information on the results of the AM1 pilot with Cooper Industries and

recommends moving forward with Cooper for the AM1 full deployment project.

STAFF Request Council concurrence to move foward with full deployment of the AM1 project with Cooper Industries.

BOARDICOWl MISSION/ COMMInEE: Utility Commission approved the full deployment of the AM1 project with Cooper

Industt-ies at the April 10, 2014 meeting.

RECOMMENDATION: Approve Disapprove - Reviewed See Comments

CITY MANAGER: & Approve - Disapprove - Reviewed - See Comments

COMMENTS:

DISCUSSION (IF NECESSARY): A power point presentation will be provided at the meeting to explain the results of

the pilot. The pilot has been deemed fully successful by the Utility Staff.

A copy of the Cooper proposal for the combined pilot and full deployment are attached.

BUDGET/FISCAL IMPACT: $441,542 - Pilot Project

$8.2 million doltars - Full Deployment water & Electric)

Pilot Contract with Cooper $224,380 Full Deployment contract vul Cooper Total Cooper Proposal $5,633,327 I"; ,/I

STAFF: Michael C. Moon, Director of Public Works & Utilities, 703-257-822 Tarek Aly, Deputy Diredor of Electric, 703-257-8476 Ana Davis, Utilities Services Manager, 703-257-8276

If Couplcil Meders have grlesfio~s, you are urged to cutl the stufspermn who prepared this uge~da stuleenf pdur tu meting.

C R Power Systems

( City of Mananas. VA/Manarsas Utilities Quoted By: Ken Polarek, Cole Stevenson, Jim Roche I AM1 Full System Budgetary Quotation w/o water meters (inclusive of Pilot) - Full Project Costs 04/08/2014 Quote Date: November 1,2012

Yukon Consumer OR Web Portal (Optional) 1 each $25,000.00 $25,000 Load Management / Demand Response Software Module 1 each $15,000.00 $15,000 Feeder Capacitor Control Software Module 1100 feeders or less in database) 0 each $25,000.00 $0- Microsoft SQL Server 2008 M'orkgroup Edition (reouired for on-site master statton) 1 each $3,200.001 $3,200

Software and IT Services Total/ $102,049 Network Infrastructure

RF Network Infrastructure

Gateway 1 281 each / $1,538.001 $43,064 Gateway-External Antenna Kit 281 each1 $399.001 511,172 Option: Cellular Modem 0 each $736.00 $0 Option: UPS 14 each $800.00 $11,200 Option: Gateway Enclosure Cabinet 1 4 each $1,000.00 $14,000, Relay 28 each $238.00 $6,664 Option: Photocell adapter cable for relay 0 each $140.00 $0 Field Tool [standard kit) 2 each $3,899.00 $7,798

DR Network Infrastructure

5A Relay {Heater/HVAC LCR w/ RF mesh radio} 3,5001 each1 $130 001 5455.000 30A Relay {WH LCR w/ RF mesh radio) 3,5001 each1 $141 001 $493,500

Network lnfrastructure Total I $1.042.398 . . Yetwork Devices

Commun~catfon Node K i t s

Restdential Electrtc Node--L+G Focus 0 each $79 00 $0 Restdenttal Electrtc Node--ltron Centron I1 0 each $79 00 $0 Polyphase Electrrc Node-Elster A3 Alpha 0 each $175 00 50 Water Node 12,000 each $89 00 $1,068,000 ---- ltron Connector for Water Node (Opttonal) 12,000 each $12 50 ~ 1 5 0 , 0 0 0 Ltd Lock Ktt t o attach Node to pit lids (Opttonal) 12,005 each $5 00 $60,000~

Total Water Nodes I $ 1,278,000 Resrdenhul Electric Meters CZSX-RF or functfonal equ~valent CIS-RF dev~ces

I R F N - 4 2 0 ~ ~ ltron Centron I1 C2SX - FMlS CLlOO 120'4 with tntearated RF module 120 each 5136 001 $16 320 ,RFN-420cL ltron Centron l l C2SX - FM2S CLZOO 240V wrth lnte~rated RF module 2 260 each 5109 001 $246 340 RFN42OcL ltron Centron l l C2SX - FM2S CL320 240V wlth integrated RF module 500 each $136 001 $68 000 RFN-420cL ltron Centron l l CZSX - FM3S CL2O 1201240V with Integrated RF module 6 each $136 00 $816, RFN-420cL ltron Centron II C2SX - FM4S CL2O 24011 with integrated Rf module 0 each $136 00 $0 SFN420cL ltron Centron If C2SX - FM12/25S CL2OO 120i208V with tntegrated RF module 631 each1 $152 00 $95 912

FOCUS AL-RF IRFN-4201~ L+G Focus AL - FM2K CL480 240Q with integrated RF modu:e 1501 each1 5216 331 $32 4581

Commerciof AM1 Elertric Meters Elster A3-RF

iRFM430A3 Elster A3 Alpha - fM45S Ci2W 120-480V with i~tegrated RF %oduie

Shipping Total1 $51,764.73

Grand Total 155,633,3271

Editable Spreadsheet verslor. - Not official bid

The attached Cooper standard terms and conditions apply, aith the additional condihon that Freight uiii be prepaid and added to invoices at a standard rate of 1% for shipment in the contiguous 48 states and at appropnate quored rates elsewhere. Alternative fre~ght carrier arrangements can be made at purchaser request. Insnl!ation Costs and Applicable Taxes are not mciuded and -ill be invoiced separately at cost. Estunated Travel 6L tivin_e Charges to be billed at cost.

.21! quoted meter. module and mtegration prices quoted are based upon a duect sale from Cooper Power Systems to the utility at stated quantities. any dewahons from th:s may result m adjusted meter. module an3 mtegration pricmg.

This quotahon and a11 the mfomahon contamed in rt are cons~dered to be the confidential mfomatlon of Cooper Power Systems and shall not be disclosed to any thvd party without the express u-ritten consent of C ooper Power Systems. which consent shall be u~thm the sole discretion of C ooper Power Systems. Pricing

E-029 - Advanced Meter Infrastructure (AMI)

Change from Prior: Cost Increased Year Introduced: 2009 Assocfated Project: W-044 Project Type: Electric Managing Dept: Utilities Account Number: 545-3665 Conforms With: Comprehensive Plan

Project Description: Provide a fixed network two-way communications system to implement full AM1 (Advanced Meter Infrastructure) supporting Demand Response, Remote DisconnecVRe-connect, Outage Notification & Management, and Tampering, etc.

I Project Justification: Project will reduce expenses and improve meter reading accuracy and system reliabilrty for the entire system. The utillty will be able to support demand response and customer web portal access. Customers will be able to monitor their electric usage.

i

Financial Summary (dollars in thousands):

5 Year Total FY 2013 Future

Funding Source CIPTotal Project &Prior FY2014 FY2015 FY2016 FY2017 FY2018 Years

General Fund

Enterprise Funds 820 6,020 5,200 410 410

MCPS Fund

Bonds

Other Local Government

State

Federal

Gas Taxes

Proffers

Storm Water Mgmt Fees

Other Total 820 6,020 5,200 41 0 41 0

Opefating Budget Impacts (doliars in thousands):

FTE's

Revenue Offset

Facility Costs

Debt Service Net Impact -

#

152

W-044 - Meter Upgrades

Change from Prior: Cost Increased Year Introduced: 2007 Associated Project: E-029 Project Type: Water Managing Dept: Utilities Account Number: 535-3660 Conforms With: Comprehensive Plan

Project Justification: Most meters are 30+ years old. As they age, they lose accuracy and under-register water usage. Replacing them will ensure more accurate billing. Note that some other state utility regulators require water meter replacement on a 10-year cycle.

I

Financial Summary (dollars in thousands): 5 Year Total FY 2013

i

Future

Project Description: Upgrade meters within the City. Evaluate a substantial meter change-out program and consider automated meter reading alternatives to reduce operating expenses.

Funding Source CIP Total Project & Prior FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Years

General Fund

Enterprise Funds 700 2,712 2,012 200 350 150

MCPS Fund

Bonds

Other Local Government

State

Federal

Gas Taxes

Proffers -

Storm Water Mgmt Fees

Other Total 700 2,712 2,012 200 350 150

Operating Budget impacts (dollars In thousands):

FTEs

Revenue Offset

Facility Costs

Debt Service Net lm~act

System

Acceptance

Testing (SAT)

9. General System Acceptance Testing

I

I 1 Connect to node usinq Field Tools Node 1 Mx Manager A magnet is needed to I Using a field tool, verify

I

I communicate to a water node Verify Tes? meters with electric and water endporqts communications with 5 electric

and 5 water meters retrieval of Cooper Node SN, Sensor I Data, Ne~ghbor Tables and Routes for

1 I 1

I I I each meter

I I

I Test gateways I Verify all gate\vays accessible j Connect to each gateway Jsing gateway I by Yukon with full connectivity menu options in Yukon

I

I I I

I ! Verify data on a srngle gateway ; Is the backhaul bringing data from the gateways to Yukon?

Can the system read multiple channels from electric meters?

for each backhaul type installed. Is the data pushed through the backhaul and recognized in Yukon for each backhaul type7

Collect gateway data through an automatic collection schedule or manually via the Yukon gateway menu options.

1

i Verify in Yukon that multiple I interval channels are being I collected for each type of 1 electric meter in service.

Initiate an on demand ready using Yukon node menu options or from Yukon Meter Detail page. Yukon will display multiple channels returned from the on demand read. Yukon Reporting and/or Archived Data Export can also be used to display the returned values across multiple channels.

Does the Yukon bring back the correct data fields for residentia! electric meters?

Verify for residential electric meters the correct register data is being collected and stored in Yukon per Cooper's standard configuration.

Does Yukon bring back the correct data fields io: C&l meters?

Verify for C&f electric meters the correct register data is being collected and stored in Yukon per Cooper's standard configuration.

Perform an on demand read for a residential meter via the mesh AM1 network at the same time a utility person performs a manual reading at the meter site. Verify the reads match for multiple channels. Note: the utility person may need a meter probe and laptop to manuaily read multiple channeis if they are not displayed on the meter.

Perform an on demand read for a commercial meter via the mesh AMI network at the same time a utility person performs a manual reading at the meter site. Verify the reads match for multiple channels. Noie: the utility person may need a meter probe and iaptop to manually read multiple channeis if they are not displayed on the meter,

I initiate an on demand readv 3sino Yukon - *

Perform an on-demand read I node menu oprions or from Yukon Meter

Cap System perform on-demanb electric meter using Yuhon Detail page Yukon #!I oisplay multiple

ream7 I channels retdrned from the on oemand read. I

iieFif~ In Yukon ti'iai lntervai ?Jeniy iisrng Ydkon qepoq,ng or by

data (register kL'i;'il or water Can System dewer inAerval data for electric and checking the Previous bsage Reaoing 1 usage reads at each ~ n i e ~ v a ' j water meters7 1 t r e Vukon Meter Details screen for an I rlas been collected for electnc I

I electric ana a ~ a t e r meter and \vale meters

Power S-tems

1

I I 1 Turn off a gateway for 24 hours and verify

I I UPS has been disconnected Turn the Verify data gap filiiig nas been gateway back on and vepify the mcssing

is System caaabie of bac6 filling load profile data? I performed by the gateway data has been co'lected with an add~tionat

I 1 , 24 hours by usins Ylikon reporting or I Yukon biliing reads report

I I

1 Ci Register Sead Data exporis successful to the CIS I

I Demonstration of Electric Semote Disconnect operation and status

Verify billing data has been exported and successfully accepted in the CIS.

Perform service disconnectireconnect using Yukon. Verify the meter has disconnected. Perform a service reconnect using Yukon and verify the meter has reconnected.

Per the interface as defined in the Scope of Work detailing the integration between Yukon and CIS.

Send disconnect command from Yukon Meter Details screen. Verify the meter has disconni?cted. Perform a service reconnect using Yukon and verify the meter has reconnected. A confirmation response will notify the Yukon user upon node receipt of the commands. A Utility person should verify the operations visuallv at the meter location.

12. , Electric Outage Detection

1 Remove a meter or power to a I meter to simulate an outage I Ver~fy the outage message in , Yukon.

Disconnect a meter from service Wait at least 90 seconds to ensure the node is In an outage sctuation Wait at least 10

1 minutes (as little as 30 seconds) to aliow 1 rhe node to se?d the last gaps outage I notification Run a Yukon Meter Events

report in Yukon to view the outage I notification Custom displays could a!so , be used in Yukon Tabular Data Console I to monctor the status of the outage pofnt

j Electric Outage Restoration

Reinstall or reapply power to , the outage meter to simulate a I restoration Verify the

restoration message in Yukon

I Verify with a 98% success rate 14

Achieved an average 98% success rate for dellvery I over a day period as selected of hourly register reads for electrtc meters' I in Yukon

Return power to service and with for the Restore Qualification timer to exceed (60 sec by default). Verify restoration message is received in Yukon within 15 minutes. Run a Yukon Meter Events report in Yukon to view the outage cleared notification. Custom Displays could also be used in Yukon Tabular Data Console to monitor the status of the outage point.

Add all electric meters into a node group in Yukon module Generate Node Group Data Completeness Report over a 3 day period The end date must not be today or yesterday to alloiv the nodes to repori al! 24 of their hourly readings Verify the average is greater than 98%

r I

I Generate a Y u k o ~ billins exDort file for aii I

I Vertfy a 98% success ?ate for 1 eiedric meters Enter 1 k the fielo I

I deirvery of a m M h l y biiiable Energy Days Previous and set the end 1 oate to tkvo days previods to the current

Ach~eve 98% success rate for asliver\ d month!y read for electric meters w~thin a I 15 oate Select a group cortaining all electric i f i i j i s i ~ reads for electric lliffters on a sr?gie day one day windoinf generated for lieters Verify the numaer I 1 a end date of days of bi labe reads in the billing f i e I I prevlous to rhe current date , represents over 98% of the ins:aIiation I

I I base of e'ectnc meters

I

I I Add all res.sicential water ineiers into a I I node group 17 the Yukon iroduie

Achieved av a\iePage 07% success raie for delivery , Veqfi:y. with a 97% SUCCESS rate I Generate Node Group Data 3i hourly register ream for resideqt~al v&er , over a 3 day aer~od as seiec1ed Completeness Report' o ~ e r a 3 day

in Yukon oeriod The end date must PO: be tooay or I I 1 )jesterday to allow the nodes to report al: 1 1 24 of their hourly readings Verify the

Power Systems

I average is greater than 97% I T I I I

I I I

Achieve 93% success rate for delivery of monthly rqister reads for residential water meters on a single day.

Firmware Upgrade via Mesh Spreader

Demand Response

Can system perform on demand read of LCR?

Import and display trend of Sqtss:err: Load curve from SCADA system

Verify a 993% success rate for delivery of a month!y billable read for residential water meters within a one day window generated for a billing end date of five days previous to the current date.

Verify firmware upgrade capability through mesh network.

Verify Yukon can send control commands to shed LCR relays in the field.

Verify Two Way Functionality d LCR

Generate a Yukon billing export file for all residentia! water meters. Enter I in the field 'Energy Days Previous' and set the end date to five days previous to :he current date. Seiect a group containing all residential water meters installed. Verify the totai number of billable reads in the billing file represents over 99°/0 of the instaliation base of electric meters.

Please note that a!! wate: meters that are not successful must be visited by the utility to ensure proper installation of the node and to install relays where needed in order to achieve the water node read rate goals.

Periodically observe firmv,#are spread using Yukon Node List filters after Cooper initiates spreader process on Gateway to filter search results for newest firmware version number.

Cooper assistance may be required for this testing. Create a new load group, load program, and gear within the load program in Yukon. Enroll an LCR in this program within Yukon. Confirm that addressing has updated through a two- way reading of the LCR. Start the load program. verify that the LCR toggles its reiay within the cycle period specified in the gear

Login to the Yukon with appropriate administration credentials.

Enter the LCR serial number in the Hardware Inventory search field to pull up the device.

Click the Read Now' button. I

Verify that the displayed Control Statils, 1 Suntime Tamper, and Service Status 1 information highlights yellow and updates I with a current timestamp. i

Verify that the texf import process is workinp ano data is being trended for dispiap within Yukon,

Setup a l e d export of point data %om the SCADA system to a shared network folder that 'fukoq aiso has access to Setup the file import and trend display in Yukon Verify that a Yukon user can view the data trend through the we0 interface in order to Jfeini load drop diiwing oemand resporise everits

Power Swtems

Pilot Deployment 500 End Point Pilot in Point of Woods East Replace Electric Meters Use Existing Water Meters 32 HVAC Switches and 32 Water Heater Switches Vendor bonded pilot

RFP Process 8 Firms submitted proposals Two sites visits occurred Cooper Industries Awarded Pilot December 2012 /

* A Total of 21 System Performance & Acceptance Criteria Were Used

Main Areas Covered and Evaluated Using The AM1 SAT Criteria -. Network Infrastructure

Load Management Devices Functionality Meter Data & Meter functionality Billing Data Accuracy

r Meter Data & Meter Capabilities:

- Verification Of Accurate Meter Data Reads - Verification Of Delivery Of Interval Data For Electric

& Water Meters - Demonstration Of Electric Meter Remote

DisconnectlReconnect Feature - Verification Of Accurate 'On-Demand' Meter Reads

00 1

02 L

Q t t

09 1

08 1

OOZ

AGENDA STATEMENT

MEETING DATE: May 5,2014

PAGE NO. ql ITEM NO. 2

TIME ESTIMATE: 10 Minutes

AGENDA ITEM TITLE: Work Session on Draft Revisions and Amendments to Flood Plain Ordinance (Chapter 66)

DATE THIS ITEM WAS LAST CONSIDERED BY NIA COUNCIL:

SUMMARY OF The Department of Conservation and Recreation (DCR) has provided the city with a list ISSUETTOPIC: of required edits, updates, and amendments of the Flood Ordinance in order to maintain

program compliance. Changes include key definition updates, the addition of a severability statement, the designation of a floodplain administrator, the requirement to forward technical data to FEMA, and a requirement to require permanent openings for entry and exit of flood waters for new construction.

STAFF RECOMMENDATION: Approve and enact amendments to Flood Plain Ordinance as shown in the Draft

Ordinance Revisions to Chapter 66 BOARDlCOMMlSSlONI COMMImEE:

RECOMMENDATION: - Approve - Disapprove Reviewed - See Comments

GIN MANAGER: b4fApprove - Disapprove - Reviewed - See Comments

COMMENTS:

DISCUSSION On June 18, 2013 DCR performed a Community Assistance Visit and met with several (IF NECESSARY): key City staff members to discuss the city's flood program. DCR determined that

changes were required to fully address the minimum state and federal requirements for the City's flood program. These changes will make the city's ordinance consistent with the City's Design and Construction Standards Manual and the Federal Emergency Management Agency (FEMA)

BUDGETIFISCAL IMPACT:

STAFF: Patrick Moore, Deputy Director, Public Works 703-257-8252

I f Council dfmherr huvr rruerfiont. vou ore ur~red to call flze rtitff nerron wlro rtrennred flzic nernrkr rtntmeni nrior to meetine.

First Reading Second Reading Enacted Effective

AN ORDINANCE TO AMEND AND REENACT THE CODE OF ORDINANCES, CITY OF MANASSAS, VIRGINIA (2002), AS AMENDED,

BY REVISING CHAPTER 66 RELATING TO FLOODPLAIN MANAGEMENT;

BE IT ORDAINED by the Council of the City of Manassas, Virginia, meeting in session this day of ,20-:

1. That the Code of Ordinances, City of Manassas, Virginia (20021, is hereby amended I and reenacted by revising Chapter 66 as follows:

ARTICLE 11. - FLOODPLAIN MANAGEMENT

DIVISION 1. GENERALLY

See. 66-3% Purpose.

The purpose of the provisions of this article is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1) Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, wifl cause unacceptable increases in flood heights, velocities and frequencies.

(2) Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding.

(3) Requiring all those uses, activities and developments that do occur in floodprone areas to be protected andlor floodproofed against flooding and flood damage.

(4) Alerting ~nd~v~duals buying lands and structures whlch are unsu~ted for Intended purposes because of flood hazards.

, Ci;fle "973 5 t i) 5 -1

State law reference- Purposes of cornprehensive flood control program, Code of Virginia, $9 10.1-658. 10.1-659.

The provisions of this article shall apply to all lands within the jurisdiction of the city and identified as being floodprone as stipulated in this article.

cCotje 1978. ss 70.1-2)

Manassas, Virginia, Code of Ordinances Page 1

State law reference- General grant of power, applicable territory, Code of Virginia, $ 15.2- 1 102.

Sec. 66-33, Compliance, liabitity af city.

(a) After the effective date of the ordinance from which this article is derived, no land shall be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the terms and provisions of this article and any other applicable ordinances and regulations.

(b) The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge opening restricted by debris. This does not imply that areas outside the floodplain area, or that land uses permitted within such area will be free from flooding or flood damages.

(c) This article shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made under this article.

State law reference- Virginia Tort Claims Act inapplicable to cities, Code of Virginia, 5 8.01- 195.3.

See. 66-34, Ahregation and greater restrictions.

This article supersedes any ordinance currently in effect in floodprone areas. However, any underlying ordinance shall remain in full force and effect to the extent that those provisions are more restrictive.

;el& '1.78 5 "0 "-11

Sec, 66-35, Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

berna eaualed or exceeded ~n any glven year Thrs IS the requlatorv standard also referred to as the "1 00-year flood "

w e a r . fiood means the base flood.

1 Basement means any area of the building having its floor sub-arade (below ground level) on all sides.


Development means any manmade change to improved or unimproved real estate, including, but not 1 limited to, buildings or other structures; paving , filling, grading, excavation,

mining, dredging or drilling operations, or storage of equipment or materials.

Flood means a general and temporary inundation of normally dry land areas.

Flood insurance study (FIS) means a report bv FEMA that examines, evaluates and determines flood hazards and, ~f appropriate, corresponding water surface elevations, or an examrnation, evaluation and determination of mudflow and/or flood-related erosion hazards.

Fbod ins~rrance rate map (FiRMI means an off~cial map of a community, on wh~ch the Federal Emerqencv Manaqement Agencv has delineated both the spec~al hazard areas and the risk premium

zones applicable to the communttv. A FIRM that has been made ava~lable d~nrtallv IS called a Dlicr~tal Flood Insurance Rate Map (DFIRM).

Floodplain means :

(1) A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation.

(2) An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

Floodprone area means any land area susceptible to being inundated by water from any source. The I term includes, but is not limited to, all floodplain districts.

F/ood proofing means anv combination of structural and non-structural additions, changes, or adiustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitarv facilities, structures and their contents.

Floodway means the channel of a river, creek, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood, without cumulativelv increasing the water surface elevation more than one foot.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management.

Highest Adiacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

/ Historic structure means a m structure that is:

(1) Listed individually in the National Resister of Historic Places (a listinq maintained bv the Department of Interior) or preliminarily determined by the Secretary of the Interior as a-meeting the reauirements for individual listing on the National Register;

52) Cefiified or preliminarilv determined bv the Secretarv of the Inferior as contributing to the historical

historic district;

53) Indiv~dualfy l~sted on a state inventorv of h~stor~c laces In states w~th h~storrc preservat~on programs wh~ch have been approved by the Secretary of the Interror, or

14) lndiv~duailv listed on a local inventory of htstor~c places In communttres with historic preservation prosrams that have been cert~f~ed either'


provided, that such enclosure 1s not built so as to render the structure rn vrolat~on of the apptrcable non- elevat~on des~qn reaurrements of Federal Code 44CFR 860 3

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis, and designed to be used with or without a permanent foundation, when connected to the required utilities. For floodplain manaaement purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for areater than 180 consecutive days, but does not include a recreational vehicle.

Manufactured home parWsubdivision means a parcel or contiguous parcels of land divided into two I or more manufactured home lots for rent or sale.

New construction means, for the purposes of determinin~ insurance rates, structures for wh~ch the "start of construction" commenced on or after January 3, 1979, and includes any subsequent improvements to such structures. For floodplain manaqement purposes. new construction means structures for which the start of construction commenced on or after the effective date of a floodpla~n manaaement reaulation adopted by the City and includes any subsequent improvements to such structures.

Recreational vehicle means a vehicle which is:

(I) Built on a single chassis;

(2 ) Four hundred square feet or less when measured at the largest horizontal projections-

(3 ) WDesianed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel or seasonal use.

Special h o d hazard area means the land area subject to flood hazards and shown on a Flood Insurance Rate Mao or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or Vl-30.

Start of construct/on, for other than new construction and substantial Improvement, under the Coastal Barr~ers Resource Act (P L - 97-348), means the date the bu~ldtng permit was issued, orov~ded the actual start of constructron, reparr, reconstruction, rehabil~tatron, add~tlon, placement, substantla1 ~morovement or other improvement was wtth~n 180 days of the perm~t date The actual start means e~ther the frrst placement of permanent constructron of a structure on a s~te, such as the pouring of slab or foottnas, the installatron of plies, the constructton of columns, or any work beyond the staqe of excavation, or the placement of a manufactured home on a foundation Permanent construction does not include land preparation, such as clearinn, gradma and fillrnq, nor does it Include the rnstaflat~on of streets andlor walkways, nor does it include excavatton for a basement, footlnqs, olers, or foundations or the erection of temporarv forms, nor does ~t rnclude the ~nstallation on the property of accessory buildings, such as garages or sheds not occupted as d w e l l ~ n ~ unlts or not part of the main structure For a substanttal improvement, the actual start of the constructron means the llrst alteration of anv wall, ceil~nq, floor, or other structural part of a burld~nq, whether or not that alteratton affects the external dlmensrons of the building

Structure means, for flood plarn manaqement purposes, a walled and roofed bullding, ~ncludrng a gas or liqu~d sloraae tank, that is prtnctpally above around, as well as a manufactured home.

Substantial damage means damage of any origin susta~ned by a structure whereby the cost of restoring the structure to tts before damaged condition

would equal or &exceed 50 percent of the market value damage occurred.


Substantial impti7vemenf means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

I (1) Any project for improvement of a structure to correct existing violations of or local health, sanitary or safety code specifications which have been identified by the local

1 code enforcement official and which are the minimum necessary to -assure safe living conditions; or

(2 ) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

Historic structures underqoin~ repair or rehabilitation that would constitute a substantial improvement as defined above, must complv with all ordinance requirements that do not preclude the structure's continued desiqnation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Reqister of Historic Places or the State lnventorv of Historic places must be obtained from the Secretary of the Interior or the State Historic Presentation Officer. Anv exemption from ordinance requirements will be the minimum necessary to preserve the historic character and desian of the structure.

Violaf/on means the failure of a structure or other development to be fullv compliant with the community's flood plain mananement reaulations, A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sec. 66-81 or Sec. 66-82 is presumed to be in violation until such time as that documentation is provided.

Cross reference- Definitions generally, $ 1-2.

State law reference- Definitions pertaining to the Flood Damage Reduction Act, Code of Virginia, fj 10.1-600.

Sea;, 66-36. Existing ~ " i ~ ~ f c f u r ~ l j in %foodplain districts.

A structure or use of a structure or premises which lawfully existed before the effective date of the ordinance from which this article is derived, but which is not in conformity with this article, may be continued subject to the following conditions:

(1) Existing structures in the floodway district shall not be expanded or enlarged, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the 100-year flood elevation.

(2 ) Any modificat~on, alteration, repalr, reconstructron or Improvement of any kind to a structure andlor use located ~n any floodplain d~strlct, to an extent or amount of less than 50 percent of ~ ts market value, shall be elevated andlor flood proofed conhrmance w~th the Virq~nta Uniform Statewide Build~nq Code

(3) The modrftcation, alteration, repalr, reconstructron or Improvement of any kind to a structure and/or use regardless of tts locatton in a floodplain d~strict to an extent or amount of 50 percent or more of its market value shall be undertaken only rn full complrance with the provisions of the

I Vrr~inra Uniform Statewide Burldrna Code

(4) Uses or adjuncts thereof whtch are, or become, nuisances shall not be perm~tted to continue


State law reference- Uniform Statewide Building Code, S 34-97 et seq.

Sec, 66-37, Violation of article; nuisance.

(a) Any person who violates any of the terms or conditions of this article shall be deemed guilty of a Class 1 misdemeanor. In addition to these penalties all other actions are reserved including an action in equity for the proper enforcement of this article.

(b) The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the city council to be a public nuisance and abatable as such.

State law reference- Abatement or removal of nuisances, Code of Virginia, §$ 15.2-900, 15.2- 1 1 15; injunctive relief against continuing violation of ordinance, Code of Virginia, $ 15.2-1432.

If anv section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for anv reason whatever, such decision shall not affect the remaininq portions of this ordinance. The remaininq portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are herebv declared to be severable.

Sec. 66-39. - Designation of the Floodplain Administrator 144 CFR 59.22(b)1.

The Citv Manaqer or the City Manager's designee is hereby appointed to administer and implement these reaulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:

(a) Do the work themselves.

jb) Delesate duties and responsibilities set forth in these requlations to qualified technical personnel, ~ l a n examiners, inspectors, and other empiovees.

I c l Enter into a written agreement or wr~tten contract wrth another communrtv or private sector entitv to admrntster specifrc provisions of these requlattons Admrn~stratron of any part of these requlat~ons by another ent~tv shall not relieve the communtty of its respons~b~iitres pursuant to the partrctpat~on requirements of the Nat~onal F!ood Insurance Program as set forth tn the Code of Federal Requlations at 44 C F R Sect~on 59 22

I Sec. 66-40. - Duties and Responsibilities of the Floodplain Administrator 144 CFR 60.9

/ The duties and responsibil~ties of the Floodplafn Administrator shalt include but are not limited to:

la) Revrew applicatrons for perm~ts to determine whether proinosed actrvit~es wrll be located in the Special Flood Hazard Area (SFHA).


(cf Review appltcatrons to determine whether proposed actrvrtres wrll be reasonablv safe from floodinq and require new constructron and substantral tmprovements to meet the requirements of these requlat~ons.

(d) Revrew appl~cations to determine whether all necessary perm~ts have been obta~ned from the Federal, State or local agenctes from wh~ch prior or concurrent approval is requ~red; in particular, permits from state aaencles for anv construction, reconstruct~on, repair, or alteration of a dam, reservoir, or waterwav obstruction i~ncludrnq brldqes culverts, structures), any alteratron of a watercourse, or any change of the course, current, or cross section of a stream or body of water, rncludrnq any change to the 100-year frequency floodplarn of free-flowrnq non-tidal waters of the State

[el Verify that applicants proposinq an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Manaqement), and other appropriate aqencies (VADEQ, USAGE) and have submitted copies of such notifications to FEMA.

(f) Advise apolicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources Svstem established by the Coastal Barrier Resources Act that Federal flood insurance is not available on such structures; areas subiect to this limitation are shown on Flood lnsurance Rate Maps as Coastal Barrier Resource System Areas (CBRSI or Otherwise Protected Areas (OPAI.

(a) Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disaporove applications if the provisions of these requiations have not been met.

(hl Inspect or cause to be inspected, buildinas, structures, and other development for which permits have been issued to determine compliance with these requlations or to determine if non-compliance has occurred or violations have been committed.

l i j Review Elevation Certificates and reauire incomplete or deficient certificates to be corrected.

(i) Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMS, including hvdroloqic and hydraulic enqineerinq analyses prepared by or for the Citv. within six months after such data and information becomes available if the analyses indicate changes in base flood elevations.

[kf Maintain and permanently keep records that are necessary for the administration of these reaulations, including:

(1 ) Flood Insurance Studies, FIood Insurance Rate Maps (rncludrnq h~storrc studies and maps and current effective studies and maps) and Letters of Map Chanqe; and

( 2 ) Documentation suisportrna issuance and dental of permits. Elevation Certtfrcates, documentatron of the elevation (!n relation to the datum on the FIRM) to whrch structures have been Roodproofed, other required desrqn cert~ficatrons, variances, and records of enforcement actions taken to correct v~olatrans of these requlatrons.

i l l Enforce the rsravrsions of these requtat~ons, rnvestisate vtolatlons, Issue notices of vrolations or


{m) Adv~se the Board of Zonrng Appeals reaard~nn the intent of these requlations and, for each appiicatlon for a variance, prepare a staff report and recommendat~on.

1 Jn) Administer the requirements related to proposed work on existing buildings:

(1) Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaaed bv anv cause have been substantiallv damaqed.

( 2 ) Make reasonable efforts to notlfv owners of substantrall~ damaaed structures of the need to obtain a permrt to repair, rehabilitate, or reconstruct, and prohibit the non-compl~ant repair of substantially damaaed bulld~nas except for tem~orarv emergency protective measures necessary to secure a property or stabilize a building or structure to prevent addltlonal damaae

lo) Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which mav include but are not limited to: issutng press releases, public service announcements, and other public information materials related to permit requests and repair of damaaed structures; coordinatinq with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaned structures in special flood hazard areas; and assisting pro~ertv owners with documentation necessary to file claims for Increased Cost of Compliance coverage under NFlP flood insurance policies.

JP) Notifv the Federal Emer~encv Manasement Aqencv when the corporate boundaries of the City have been modified and:

{ I ) Provide a map that clearlv delineates the new corporate boundaries or the new area for which the authoritv to resulate pursuant to these regulations has either been assumed or reiinauished throuqh annexation; and

12) If the FIRM for anv annexed area ~ncludes specla1 flood hazard areas that have flood zones that have requlatorv reau~rements that are not set forth in these reaulatrons, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governinn body for adopt~on, such adopt~on shall take place at the same trme as or Drror to the date of annexation and a copy of the amended reaulat!ons shall be prov~ded to Department of Conservation and Recreation (Dlvislon of Dam Safety and Floodplain Manaaementf and FEMA

(41 Upon the request of FEMA, complete and subm~t a report concerning particlpatron in the NFlP whtch rnav reauest information reaard~na the number of bu~ld~nas In the SFHA, number of permits rssued for development rn the SFHA, and number of varrances rssued for development In the SFHA.

jrf It 1s the duty of the Communrtv Floodpfarn Administrator to take into account ftood, mudslrde and flood-related erosion hazards, to the extent that thev are known, !n all offrc~at actlons relatrna to land management and use throuahout the entire rtrrrsdictronal area of the Communltv, whether or not

Sec. 56-41. - Submiaina Technical Data f4-t CFR 65.31

A commun~tv" base flood elevat~ons rnav Increase or decrease resulttns from physical chanaes


confirmation of those phys~cal changes afFectrng floocf~na candit~ons, r~sk premium rates and flood plain management requ~rements wrll be based upon current data.

Secs. 66-42-56-60. Resewed.

1 DlViSlON 2. ESTABLISHMENT OF FLOOOPLAiN DlSiRlCT

Sec. 66-61. - Description of districts.

(a) Basis of districts. The various floodplain districts shall include areas subject to inundation by waters of the 100-year flood. The basis for the delineation of these districts shall be the flood insurance study for the city, prepared by the U.S. Department of Housing and Urban Development, Federal Emergency Management Agency, dated March 1978 and the flood insurance rate map (FIRM), effective date January 5, 1995, as amended. The districts are referred to in this section collectively as the floodplain districts, a term which encompasses the floodway district, the flood-fringe district, and the approximated floodplain district.

(b) Floodway district. The floodway district is delineated, for purposes of this article, using the criterion that certain areas within the floodplain must be capable of carrying the waters of a 100-year flood without increasing the water surface elevation of that flood more than one / (1) foot at any ~oint . The areas included in this district are specifically defined in table 1 of the flood insurance study referenced in subsection (a) of this section and shown on the accompanying flood boundary or floodway map of the FIRM.

(c) Flood-fringe district. The flood-fringe district is that area of the 100-year floodplain not included in the floodway district. The basis for the outermost boundary of the district is the 100-year flood elevations contained in the flood profiles of the flood insurance study referenced in subsection (a) of this section and as shown on the accompanying flood boundary or floodway map of the FIRM.

(d) Approximated floodplain district. The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as zone A on the flood insurance rate maps. For these areas, the 100-year flood elevations and floodway information from federal, Commonwealth, and other acceptable sources shall be used, when available. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geofogical Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development andlor activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the city. ,C.yJs 4"393,5 3:" i s '

Sec. 66-62. - Official floodplain map.

Manassas, Virginia, Code of Ordinances

( The Flood~lain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, Commonwealth or other source, as criteria for requiring that new construction, substantial improvements or other development in floodprone areas comply with the provisions of this article and applicable sections of the uniform statewide building code. The accompanying flood insurance rate map, with effective date of January 5, 1995, is the floodplain map. All areas within " A zones of this map are deemed floodprone areas for purposes of this article.

State law reference-- Uniform Statewide Building Code, Code of Virginia, § 36-97 et seq.

Sec. 66-63. - District boundary changes.

The delineation of any of the floodplain districts may be revised by the city council where natural or manmade changes have occurred andlor more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or individual documents the necessity for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.

Sec. 66-64. - Interpretation of district boundaries.

Initial interpretations of the boundaries of floodplain districts shall be made by the Flood~lain Administrator. Should a dispute arise concerning the boundaries of any of the districts, the city council shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the city council and to submit his own technical evidence if he so desires.

(Code 4978, "18.1-13)

I Sec. 66-65. - Jurisdictional Boundary Changes.

The City floodplain ordinance in eIrfect on the date of annexation shall remain in effect and shall be enforced by the City for all annexed areas until the City adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Proqram. Municipalities with existing floodplain ordinances shall Dass a resolution acknowledging and accepting responsibility for enforcinq fioodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regufations to adopt the FIRM and appropriate requirements, and submit the amendments to the ~overning body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall bs provided to Department of Conservation and Recreation (Division of Darn Safety and Floodplain Manacrementf and FEMA.


In order that at1 FIood Insurance Rate Maps accurately represent the City's boundaries, a copy of a map of the community suitable for reproduction. clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management reauiatory authority must be included with the notification.

Sec. 66-66. - Use and interpretation of FIRMS.

The Floodplain Administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The foltowina shall apply to the use and interpretation of FlRMs and data:

(A) Where field suweyed topoqraphy indicates that adiacent qround etevations:

f I ) Are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subiect to the requirements of these requlations;

(2) Are above the base flood elevation, the area shall be resulated as special flood hazard area unless the applicant obtains a Letter of Map Ghanae that removes the area from the SFHA.

(E3) In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used.

fC) Base flood elevations and designated floodway boundaries on FlRMs and in FISs shalt take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced ffoodway widths andlor lower base flood elevations.

(D) Other sources of data shall be reasonably used if such sources show increased base flood elevations andlor larger floodwav areas than are shown on FlRMs and in FISs.

(E) If a Preliminary Flood Insurance Rate Map andlor a Preliminaw Flood Insurance Study has been provided by FEMA:

[ I f Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administerins these reaulations.

(2 ) Prior ta the issuance of a Letter of Final Determination by FEMA, the use of preliminaq flood hazard data shall be deemed the best avaitable data pursuant to Section 1.5(6) and used where no base flood elevations andlor floodway areas are provided on the egective FIRM.


hazard data provided bv FEMA. Such preiiminaw data mav be subiect to change andlor appeal to FEMA,

Secs. 66-6z-6-80. - Reserved,

BlVISION 3. DISTRICT PROVtSlOlafS

Sec. 66-81. - Permits required; conditions; approval by Commonwealth agency; additional requirements.

Permit. All uses, activities and development occurring within any floodplain district, I (a) including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances such as chapter 105 and the uniform statewide building code. Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable Commonwealth and federal laws and shall review all sites to assure thev are reasonabiv safe from flooding. Under no circumstances shall any use, activity andlor development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. For development in the floodplain district that causes a chanqe in the base flood elevations, or includes alteration or relocation of a stream, the applicant, including local and state agencies, must notifv FEMA by a~plyinq for a Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMRf.

(b) Alteration or relocation of watercourse. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, Commonwealth department of environmental quality, and the Commonwealth marine resources commission, as appropriate. A joint permit application is available from any one of these organizations. Notification of the proposal shall be given to all adjacent jurisdictions, the division of soil and water conservation (department of conservation and recreation) and the Federal Emergency Management Agency. In no case shall the flood-carrying capacity within the altered or relocated portion of any watercourse be reduced.

(c) Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

(d) Site plans and permit applications. All applications for development in the floodplain districts and all building permits issued for structures in the floodplain districts shall incorporate the following information:

(1) For structures that have been elevated, the elevation of the lowest floor, including basement.

(2) For structures that have been floodproofed (nonresidential only), the elevation to which the structure has been floodproofed.

(3) The elevation of the 100-year flood.

(4) Topographic information showing existing and proposed ground elevations.

(e) Manufactured homes,


(1) All manufactured homes to be placed or substantially improved within a floodplain district shall be placed on a permanent foundation and elevated and anchored in accordance with the uniform statewide building code (USBC). For purposes of the USBC, the floodplain districts are flood hazard zones.

(2) Manufactured homes that are placed or substantially improved within the flood-fringe district must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement, if the manufactured home is:

a. Outside of a manufactured home park or subdivision;

b. In a new manufactured home park or subdivision;

c. In an expansion to an existing manufactured home park or subdivision; or

d. In an existing manufactured home park or subdivision in which a manufactured home has incurred substantial damage as the result of a flood.

(3) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within a floodplain district that are not subject to the provisions of subsection (e)(2) of this section must be elevated so that either:

a. The lowest floor of the manufactured home is at or above the base flood elevation; or

b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

1 (f) Review of buildng permit applications. The Floodplain Administrator shall review all building permit applications to determine whether the proposed building site will be reasonably safe from flooding. If a proposed building site is in a floodprone area, all new construction and substantial improvements shall be:

(1) Designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2) Constructed with materials resistant to flood damage;

(3) Constructed by methods and practices that minimize flood damages; and

(4) Constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed andlor located so as to prevent water from entering or accumulating within the components during conditions of flooding.

1 (g) Review of subdivision proposals. The shall review subdivision proposals and other proposed new development, inciuding manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a floodplain district, any such proposals shall be reviewed to ensure that:

(1) All such proposals are consistent with the need to minimize flood damage within the floodprone area;


(2) All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and

(3) Adequate drainage is provided to reduce exposure to flood hazards.

(h) Residential structures. All new construction and substantial improvements of residential structures within the flood-fringe district shall have the lowest floor elevated to or above the base flood level.

(i) Nonresidential structures.

(1) All new construction and substantial improvements of nonresidential structures within the flood-fringe district shall:

a. Have the lowest floor, including basement, elevated to or above the base flood level; or

I - b m . Together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

1 (23) Where a nonresidential structure is intended to be made watertight below the base flood level:

a. A registered professional engineer or architect shall develop andlor review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of subsection (i)(l)b. of this section; and

b. A record of such certificates which includes the specific elevation in relation to mean sea level to which such structures are floodproofed shall be maintained with

I the

(j) Enclosed areas below lowest floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to

I flooding shall &have permanent openings designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

State law reference- Stormwater management, Code of Virginia, § 10.1-603.2 et seq.; marine resources commission, Code of Virginia, $28.2-100 et seq.; waters of the Commonwealth, Code of Virginia, tit. 62.1.

Sec. 66-82, - Floodway district.


(a) In the floodway district no encroachments, including fill, new construction, substantial improvements or other development shall be permitted, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation.

(b) The city may approve development in the floodway district which increases the water surface elevation of the base flood, provided that the city first applies for a conditional FIRM revision, fulfills the requirements for such a revision as established under the provisions of federal regulations, and receives the approval of the Federal Emergency Management Agency. If such an application is undertaken at the request of a property owner, the owner shall be responsible for all costs to the city involved in the application, including the cost of notice to all adjoining property owners, advertisement and a public hearing.

Sec. 66-83. - Flood-fringe and approximated floodplain districts.

(a) In the flood-fringe and approximated floodplain districts the development and/or use of land shall be permitted in accordance with the regulations of this article, provided that all such uses, activities andlor development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the uniform statewide building code and all other applicable codes and ordinances.

(b) Within the approximated floodplain district, all new subdivision proposals and other purposed developments, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data. The applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the 100- year flood elevation more than one foot at any one point. The engineering principle of equal reduction of conveyance shall be used to make the determination of increased flood heights.

(c) Within the flood-fringe and approximated floodplain districts, for all new or expanded structures, property owners shall provide adequate drainage paths around structures on slopes, to guide floodwaters around and away from the proposed structures.

{C-,de 39" 5 $3 "2)

State law reference- Uniform Statewide Building Code, Code of Virginia, 5 36-97 et seq.

Sec. 66-84. - Design criteria for utilities and facilities,

(a) Sanitary sewer facilitks. All new or replacement sanitary sewer facilities, including all on- site waste disposal systems, pumping stations and collector systems, shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they shall be located and constructed to minimize or eliminate flood damage and impairment.

(b) Wter faciIities. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages.

(6) Drainage faciIifies. All storm drainage facilities shalt be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage


away from buildings and on-site waste disposal sites. The city council may require a primary underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with facilities discharge of excess runoff onto adjacent properties.

(d) Utilities. All utilities such as gas lines, electrical and telephone systems being placed on floodprone areas shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flooding occurrence.

(e) Streets and sidewalks. Streets and sidewalks shall be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights.

{Code ! 1378 5 "i 91-33)

State law reference- Septic tanks and sewage disposal when sewers not available, Code of Virginia, § 15.2-21 57.

Sec. 66-85. - Recreational vehicles.

(a) Recreational vehicles placed on sites within a floodplain district shall:

( I ) Be on the site for fewer than 180 days out of the preceding 365 days;

(2) Be fully licensed and ready for highway use; or

(3) Meet the anchoring and elevation requirements for manufactured homes in section 66- 81(e)(2).

(b) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices and has no permanently attached additions.

Secs. 66-86---66-110. - Reserved.

See, 66-"11. Appeal prsceldure.

I (a) Whenever any person is aggrieved by a decision of the with respect to the provisions of this article, it is the right of that person to appeal to the city council for a special exception. Such appeal must be filed, in writing, within 30 days after

I the determination by the . Upon receipt of such an appeal, the city council shall set a time and place for the purpose of hearing the appeal, which shall be not less than ten nor more than 30 days from the date of the receipt of the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties at which time they may appear and be heard. The determination by the city council shall be final in all cases.

(b) In passing upon applications for special exceptions, the city council shall satisfy the following factors:

Manassas, Virginia, Code o f Ordinances Page 16

(1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception shall be granted for any proposed use, development or activity within the floodway district that will cause any increase in flood levels during the 1 00-year flood.

(2) The danger that materials may be swept onto other lands or downstream to the injury of others.

(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

( 5 ) The importance of the services provided by the proposed facility to the community.

(6) The availability of alternative locations not subject to flooding for the proposed use.

(7 ) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(9) The safety of access to the property in time of flood of ordinary and emergency vehicles.

(10)The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

(11)The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(1 2) Such other factors which are relevant to the purpose of this article.

(c) The city council may refer any application and accompanying documentation pertaining to any request for a special exception to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.

(d) Special exceptions shall only be issued after the city council has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud or victimization of the public; or conflict with local laws or ordinances.

(e) Special exceptions shall only be issued after the city council has determined that the special exception will be the minimum relief to any hardship.

(f) The city council shall notify the applicant for a special exception in writing that the issuance of a special exception to construct a structure below the 100-year flood elevation increases risks to life and property and will result in increased premium rates for flood insurance.

(g) A record of the notification as stated in subsection (f) of this section as well as all special exception actions, including justification for their issuance, shall be maintained; and any special exceptions which are issued shall be noted in the annual report submitted to the Federal Emergency Management Agency.


State law reference- Comprehensive plan, Code of Virginia, 5 15.2-2223.

2. That this ordinance shall take effect on second reading.

BY ORDER OF THE COUNCIL

Harry J. Parrish, 11, Mayor

On Behalf of the City Council of

Manassas, Virginia

ATTEST:

City Clerk

Manassas, Virginia, Code o f Ordinances Page 18

MOTION:

SECOND:

RE:

ACTION:

Date: Regular Meeting Ord. No.

Votes: - Ayes: Nays: Absent from Vote: Absent from Meeting:

CERTIFIED COPY Andrea Madden, City Clerk


Mandatory Ordinance Updates

DCR Ordinance Determinations:

* Statement of severability required

Designate a City floodplain administrator

technical data resulting from physical changes affecting flood conditions be forwarded to FEMA within 6 months

Require permanent openings designed to allow entry and exit of flood waters for al l new construction

AGENDA STATEMENT

MEETING DATE: May 5,201 4

PAGE NO. dS ITEM NO. 3

TIME ESTIMATE: 20 Minutes

AGENDA ITEM TITLE: Work Session on Draft Storm Water Ordinance (Chapter 58)

DATE THIS ITEM W14S LAST CONSIDERED BY NIA COUNCIL:

SUMMARY OF The Department of Environmental Quality (DEQ) has imposed mandatory regulations ISSUEITOPIC: that require establishment of a storm water ordinance by July 1, 2014. The attached

proposed storm water management ordinance has been prepared by staff to meet the minimum DEQ requirements.

STAFF Informational Item Only: RECOMMENDATION: Future Actions on May 19, 2014: Approve attached Storm Water Ordinance. Approve

attached uncodified ordinance establishing stormwater permit fees. BOARDlCOMMISSlONl COMMITTEE:

RECOMMENDATION: Approve - Disapprove - Reviewed - See Comments

CITY MANAGER: Approve Disapprove - Reviewed - See Comments

COMMENTS:

DISCUSSION A comprehensive revision to state storm water regulations has made local (IF NECESSARY): implementation of a new storm water program mandatory by July 1, 2014. Along with

the attached draft ordinances, DEQ requires the addition of technical standards, which will be added to the City's Design and Construction Standards Manual (DCSM), a funding and staffing plan and the establishment of a fee schedule for permitting.

BUDGETIFISCAL IMPACT:

STAFF:

$152,800 is required to initially support the city's full stormwater program. The 2015 proposed budget includes program staffing costs funded from the proposed Storm Water Utility. Fees will be collected for permitting and the state will receive a portion of those fees. The new permit revenue for the city is estimated at $14,400.

Patrick Moore, Deputy Director, Public Works 703-257-8252

IJ Couilcil Member9 have qnesfiuns, you are urged to call the stuffperson who prepared this agenrfu rfatemmt prior to meeting.

ORDINANCE #0-2014-2 1 DRAFT First Reading Second Reading Enacted Effective

AN ORDINAIYCE TO ADD CHAPTER 58 ARTICLE IV TO THE CODE OF ORDINANCES, CITY OF MANASSAS, VIRGINIA (2002),

RELATING TO VIRGINIA STOmlWATER MANAGEMENT PROGRAM;

WHEREAS, pursuant to the authority and mandates of the Virginia Stomwater Management Act, Article 2.3 ( 5 62.1-44.1524 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia, the Virginia Stormwater Management Program (VSMP) Permit Regulations (9VAC25-870 et seq.), this Ordinance is adopted as part of an initiative to integrate the City of Manassas stormwater management requirements with the City of Manassas erosion and sediment control requirements into a unified stomwater program.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Manassas, Virginia, meeting in session this day of ,20-:

1. That the Code of Ordinances, City of Manassas, Virginia (2002), is hereby amended by adding Chapter 58 Sections 55-97 through - 1 14 as follows:

ARTICLE IV. VIRGINIA STORMWATER MANAGEMENT PROGRAM

DIVISION I. GENERAL

Sec. 58-97. TITLE, PURPOSE, AND AUTHORIN.

(a) The purpose of this Ordinance is to ensure the general health, safety, and welfare of the citizens of the City of Manassas and protect the quality and quantity of state waters fi-om the potential h a m of unmanaged stom\vater, 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 stomwater requirements related to water quality and quantity shall be administered and enforced.

(b) This ordinance is adopted under the specific authority of section 62.1-44.15:24 et seq of the Code of Virginia (the Virginia Stomwater Management Act). Authority to protect water quality is also provided by section 152-2253 of the Code of Virginia. Code of Virginia section 62.1-44.1527 specifically requires the City to adopt a Virginia Stom~vater ~Managernent Progsam. It is the intent of the City Council to include future amendments to the provisions of the Code of Virginia, acts of the General Assernbly and state regulations incorporated by reference in this Article. This ordinance is also adopted

under the general authority to legislate for the protection of health, safety and welfare under City Charter Section 18 and section 15.2- 1 102 of the Code of Virginia.

State Adn1inistr-ati1.e Code reference - Sections 9E4C25-870-20 and 9 PXC25-870-40

Sec. 58-98. DEFINITIONS.

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

Ad~~zinistrator means the VSMP authority including the City of Manassas City Manager or his!her designee.

'Ygree~~ent in lieu o f a storm+vater 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 managevlzentpractice 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, the ci@ or this ci& means the City of Manassas, Virginia, a municipal corporation of the Commonwealth of Virginia.

City coutzcil means governing body of the city.

Cjza~znel means a natural or manmade waterway.

Code or "the Code" means the code of the City of Manassas.

Com~non plan ofdevelopment or sale means a contiguous area where separate and distinct construction activities may be taking place at different times on difference schedules.

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

Clean ffi'catev Act or CWA means the federal Clean Water Act (33 USC $1251 et seq.), fomerly referred to as the Federal Water Pollution Control Act or Federal FVater 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 97-1 17, or any subsequent ret~isions thereto.

DCSAM means the Design and Construction Standards Manual as adopted by the City.

Depajatmerzt means the Commonwealth of Virginia Department of Environmental Quality or DEQ.

Dez*elopment means land disturbance and the resulting landform associated with the constmction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or slpuctures or the clearing of land for non-agricultural or non-silvicultural pulposes.

Discharge when used without qualification, means the discharge of a pollutant. Discharge o fa 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.

FEooding 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 nomally associated with the 100-year flood or storm event, This includes, but is not limited to any floodplain designated by the Federal Emergency Management Agency.

General permit means the state perrnit titled GEiVEML PE&UIT 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.

Inspection rneans an on-site review of the project" compliance with the pemit or the state pemit, the City of Manassas stormtvater mmagment program, and any applicable design criteria: or an on-site review to obtain infomation or conduct sunreys or investigations necessary in the implementation or enforcement of the Regulations and this Ordinance.

Land disrurbance or land-disturbing activisy rneans a manmade change to the land surfBce that potentially changes its nuoff eharacteristies including any cllea~ng, h~ading, or excavation

except that the term shall not include those exemptions specified in Section 58-99 of this Ordinance.

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

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

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

Permit or YSMP ,4ztthori@ Per-mit 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 by the Department.

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.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage. sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 USC $ 201 1 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:

1 . Sewage from vessels; or

7. Water, gas. or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well if the well is used either to facilitate production or for disposal purposes is approved by the State Water Control Board and if the State Water Control Board determines that the injection or disposal will not result in the degradation of ground or surface water resources.

Poflution means such alteration of the physical, chemicaI or biological properties of any state waters as will or is likely to create a nuisance or render such waters (a) h a m h l 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, a&cultural, 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" f i r the terms and purposes of this Ordinance.

Postdeveloptnerzt refers to conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site.

Prede~feiopmerzt refers to the conditions that exist at the time that plans for the land development of a tract of land are submitted to the City of Manassas. W e r e 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 first item being submitted shall establish predevelopment conditions.

Regulations or VSMP Regulations means the Virginia Stormwater Management Program (VSMP) Permit Regulations 9VAC25-870-10 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 State Water Control Board.

State permit means an approval to conduct a land-disturbing activity issued by the State Water Control Board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the State Board for stormwater discharges from an MS4. Under these state permits, the Commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the Regulations.

State FFater Controf Law means Chapter 3.1 (362.1-44.2 et seq.) of Title 62.1 of the Code of Virginia or successor law.

State rzlater-s means all water, on the surface and under the gound. wholly or pai-tially within or bordering the Commontvealth or within its jurisdiction, including wetlands,

Stot-maz*citer means precipitation that is discharged across the land surface or through coliveyances to one or more ~vateways and that may include stomwater runoft snow rnelt runot"f; and surface mnoff and drainage.

Stormwafer n~anagementfacili means a control measure that controls stomwater 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.

Stormti'ater mafzagement plan means a document(s) containing material for describing methods lFbr complying with the requirements of Section 58- I03 of this Ordinance.

Stort~water Polltttion Pret~ention Plan or Si+7PPP 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 storrnwater management plan, and a pollution prevention plan

Subdivision means the same as defined in Section 106-1 of the City of Manassas Subdivision Ordinance.

irhis Odinance means this Article IV of Chapter 58 of the Code.

Total mawximum daily load or TML)L 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 t ems of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs.

Virginia Stormwzlter LManagement Act or Act means Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia or successor law.

"Virginia Stor~nwafer BMP Clearinghor~se tz'ebsite" means a website administered by the state that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stomwater Management Act and associated regulations.

Virginia Stormw*ater ;Management Program or VSiVIP means a program approved by the State Board after September 13, 201 1. 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 widelines, 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 replations.

Virginia Stof-~-n~.ater i\fanagf3~?zent P r o p m atrtlzo~-ig or VSMP authoriv means an authority approved by the State Board afier September 13, 201 1, to operate a Virginia Stomwater Management Progam. For the purpose of this article, the city is the VSMP authority.

tYt4steloctd allocution or n*asfeload or FvLd4 means the portion of a recei~ing surface \vaterts loading or assimilative capacity allocated to one of its existing or future point sources of pollution. %%As are a type of water quality-based effluent limitation.

It'etlfands means those areas that are inundated or saturated by surface or g-oundtvater 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.

Sfate Atimivtistvati~.e Code t-efeve.elzce - Section 91.A C25-870-10

Sec. 58-99. STORMWATER PERMIT REQUIREMENT; EXEMPTIONS.

(a) Except as provided herein, no person shall conduct any land-disturbing activity until he has submitted a permit application to the VSlMP authority that includes a state VSMP permit registration statement, if such statement is required, and, after July 1, 2014, a stomwater management plan or an executed agreement in lieu of a stomwater management plan, and has obtained VSMP authority approval to begin land disturbar~ce in accordance with the provisions of this Ordinance.

(b) Notwithstanding any other provisions of this Ordinance, the follou~ing activities are exempt, unless otherwise required by federal law:

(I) 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 darns, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land issigation; 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 1 1 ($ 10.1 - 1 100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide ab%cultural or improved pasture use as described in Subsection B of S 10.1 - 1 163 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 residentiai structures a11 subject to the following;

(i) For constmction activities involving single-family detached residential stmcture, within or outside a common plan of development or sale, such projects shall adhere to the requiremertts of the general permit; and

fii) Registration statement is not required for single-family detached residential construction within or outside of common plan of development or sale.

(4) Land disturbing activities that disturb less than one acre of land area that are not 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.

Sec. 58-100. STORMWATER MANAGEMENT PROGRAM ESTABLISHED; SUBMISSION AND APPROVAL OF PLANS; PROHIBITIONS.

(a) Pursuant to $ 62.1-44.15:27 of the Code of Virginia, the City hereby establishes a Virginia stormwater management program for land-disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Water Control Board for the pusposes set out in Section 58-97 of this Code.

(b) No VSMP authority pemit 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 pemit registration statement;

(2) An erosion and sediment control plan approved in accordance with the City of itlanassas Erosion and Sediment Control Ordinance Chapter 58 Article 3 of the Code;

(3) A stormwater management plan approved in accordance with Section 58-103 of the Code;

(c) No VSMP authority pemit shall be issued until evidence of general pesrnit coverage is obtained.

(df No VSMP authority permit shall be issued until the fees required to be paid are received, and a reasonable performance bond required pursuant to Section 58- 1 14 of the Code has been submitted.

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

(f) No grading, building or other local permit shall be issued for a property unless a VSMP authority permit has been issued by the Administrator.

Sec. 58-1 01. Grandfathering

(a) Any land-disturbing activity shall be considered grandfathered by the City and shall be subject to the Part I1 C technical criteria of the VSMP Regulation provided:

(1) A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the City to be equivalent thereto (i) was approved by the City prior to July 1, 2012. (ii) provided a layout as defined in 9VAC25-870-10, (iii) will comply with the Part I1 C technical criteria of the VSMP Regulation, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff;

(2) A state permit has not been issued prior to July 1,201 4; and

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

(b) City, state, and federal projects shall be considered grandfathered by the City and shall be subject to the Part I1 C technical criteria of the VSMP Regulation provided:

(I) There has been an obligation of City, state, or federal hnding, in whole or in part, prior to July 1, 201 2, or the department has approved a stormwater management plan prior to July I, 2012.

(2) A state pemit has not been issued prior to July 1,20 14; and

(3) Land disturbance did not commence prior to July I , 201 3.

(c) Land disturbing activities gandfathered under subsections (a) and (b) of this section shall remain subject to the Part I1 C technical criteria of the VSMP Rewlation for one additional state permit cycle. After such time, portions of the project not under constmetion shall become subject to any new technical criteria adopted by the State Board.

Id) In eases where go.temmenta1 bonding or public debt financing has been issued for a project prior to July I. 201 2, such project shall be subject to the Part I1 G technical criteria of the VSMP Replation.

(e) Nothing in this section shall preclude an operator fkom constructing to a more stringent standard at his discretion.

State Administratir~e Code rt.fereuree - Section 9 P14C25-870-5 1

Sec. 58-102. STORMWATER POLLUTION PREVENTION PLAN; CONTENTS OF PLANS

(a) The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified by Section 9VAC35-870-54, which includes but is not limited to, an approved erosion and sediment control plan, an approved stomwater 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 Section 9VAC2.5-870-54. If a specific WLA for a pollutant has been established in an approved TMDL and is assigned to stomwater 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 WLA. The SWPPP must also comply with the requirements and general information set forth in Section 9VAC25-880-70, Section I1 [stormwater pollution prevention plan] of the general permit.

(b) The SWPPP shall be amended by the operator within thirty days whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants to state waters which is not addressed by the existing SWPPP.

(c) The SWPPP must be maintained 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 I1 of the general permit, either electronically or in hard copy.

See. 58-103. STORMWATER MANAGEMENT PLAN; CONTENTS OF PLAN.

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

( 1 1 A stomwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria set forth in the VSMP regulations to the entire land- disturbing activity. Individual lots in new residential. commercial, or industrial developments shall not be considered separate land-disturbing activities, throughout the dex~elopment life even if ownership changes.

(2) A stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and goundwater Rows converted to surface runoff.

(b t A complete stomwater management plan shall include the following elements:

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

(3) Contact infomation including the name, address, telephone number and email address of the owner and the tax reference number and physical address or lot number(s) of the property or properties affected;

(3) A narrative that includes a description of current site conditions, final site conditions and any proffers or conditions relating to stormwater management;

(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 storrnwater 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 the VSMP Regulations.

(8) A nlap or maps of the site that depicts the topogaphy of the site and includes;

(i) At I con ts~buting drai~~age areas: (ii) Existitlg streams, ponds, culverts, ditches, \vetlands, other water bodies, and

tlooclplains; (iii) Soil types, geologic formations if karst featttires are present in the area, %rest cover,

and other vegetative areas: (iv) Cunent lar~d use including cvistirlg structures, roads, 3 r d locatio~ls of knotvtl utilities

and easements; (v) Sufficient info-isrmatir~n on adjoining parcels tc:, assess the impacts of stomlwater from

the site on these parcels; (vi) The limits of clearing and grding, and the pmposed drainage pat-tcms on the sitc:

(vii) Proposed buildings, roads, parking areas. utilities, and stormwater management i'acilities; and

(viii) Proposed land use s i t h tabulation of the perce~ltage of surface area to be adapted to various uses, including hut not limited to planned Iocztitinns of utilities, roads, and cascmenrs.

(c) If an operator intends to meet the water quality and/or q~ianrity requirements established in 9VAC25-870-63 or 9VAC25-870-66 through the use of off-site colnpliance optioi~s, where applic;tble, thcn a letter of a.tailability from the off-site provider must be included. Approved off-site options must achieve the necessary itutrient rcduct~o~is prior to the contmcncclnent of the applicazlt's lartd-disturbii~g activity.

(d) Elements of the stomwater 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 ( 5 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.

(e) A construction record drawing for pemanent stormwater management facilities shall be submitted to the Administrator. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Comrnonwealth of Virginia, certifying that the storrnwater management facilities have been constructed in accordance with the approved plan.

State Adrninistmtisre Code reference - Section 9 VAC25-870-55

Sec. 58-104. POLLUTION PREVENTION PLAN; CONTENTS OF PLANS

(a) A Pollution Prevention Plan, required by 9VAC25-870-56, shall be developed, implemented, and updated as necessary and must detail the design, installation. i11ipIe1netstation. arid rnaintcna~~cc of effkctive pollution prevention tncasurcs to minimize the discharge of pollutants. At a lninitnum, such measures must bc designed, installecf, intplcxnented, and maintained to:

(1) blit~itnizc the discharge of pollutants fi-0113 equipmeist and vehicle \vastling. \\heel wash water, and other 1vas1-t waters. Wash waters must be treated in a sedillle11t hasin or alternative control that prohides equivaler-it or better treattnent prior to discharge;

(2) Minimize the exposure of huiIdir~g materials. b~~ilding products. cor~struction ~vastes, trash, landscape materials. f-ttrtili~ers, pesticiiles. herbicides, detergents. sanitztrq waste, and other materials present on the site to precipitation and to stomwater; and

( 3 ) Mitlimize the discharge of pollutants from spills and leaks and i~nplement chernical spill and leak pre\ enti011 and response procedures.

(b) The pollution prevention plan shall illelude effective best management practices to prohibit the following discharges:

( I ) Wastekvater from tvashout of citncrete, unless managed by an apprtrpriate cctntrol;

(3) tVastcwater frctrn washout and cleanout of stucco. paint. ftmn release oils, curing compounds. and other constrttction matel-ials;

(3) Fucls, oils, or other pollutants ~rscd in tcl-ticle and equiptnent operation and mizinrcnance; and

(4) Soaps ur soitrents used in vel~icte and equipment LS rtshing.

(c) Discharges from dewatcring activities, including discharges from de~~atering of trenches and excasatic>ns. are prohibited irrlless ~nanaged by appropriate controls.

State Administrative Code reference - Section 9 VAC25-870-56

See. 58-105. REVIEW OF STORMWATER MANAGEMENT PLAN.

(a) The Administrator or any duly authorized agent of the Administrator shall review stormwater managernent plans and shall approve or disapprove a stormwater management plan according to the following:

( I ) The Administrator shall determine the completeness to review a plan in accordance with Section 58-103 of the Code, 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. M e r e available to the applicant, electronic communication may be considered communication in writing.

(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 subsection (I), then plan shall be deemed complete and the Administrator shall have 60 calendar days fkom 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 and all applicable codes, regulations, and policies, as determined by the Administrator.

(5) If a plan meeting all requirements of this Ordinance and all applicable codes. regulations. and policies. as detemined by the Administrator, is submitted and no action is taken within the time provided above in subsection (2 ) for review, the plan shall be deemed approved.

(b) Approved stomwater plans may be modified as follows:

(1) Modifications to an approved stommvater managernent plan shall be allowed only after review and \vs;ritten approval by the Administrator. The Administrator shall have 60 calendar days to respond in writing either approving or disapproving such request.

( 2 ) The Administrator may require that an approved stomwater rnanagement plan be amended, within a time prescribed by the Administrator, to address any deficiencies noted during inspection.

(c) The r-2dministrator shall require the submission of a construction record drawing or as-built plans for permanent BMPs and stomwater management facilities. Construction record drawings shall be prepared in accordance with the provisions set forth in the Design and Construction Standards Manual. The constntction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, pursuant to Article 1 (9 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia, certifying that the stomwater management facilities have been constructed in accordance with the approved plan.

Sec. 58-106. TECHNICAL CRITERIA FOR REGULATED LAND DISTURBING ACTIVITIES.

(a) To protect the quality and quantity of state water from the potential harm of unmanaged stonnwater runoff resulting &om land-disturbing activities, the design and construction standards manual (DCSM) shall be the primary regulating document for all technical requirements relating to construction standards for materials and design, plan processing and waiver of those technical standards as provided for within the DCSM. However, the DCSM does not supercede any regulation required by the Code or any condition imposed under the provisions of the Code.

(b) The water quality and quantity technical criteria set forth in Pasts I1 B or Part 11 C of the Regulations are contained within the DCSM and shall be enforceable as provided in Sec. 58-1 12 of this Ordinance.

(c) The technical criteria for land-disturbing activities are found in 9VAC25-870-93 through -99.

Sec. 58-107. EXCEPTIONS TO THE TECHNICAL REQUIREMENTS

(a) The Administrator may grant exceptions to the technical requirements of Part I1 B or Part I1 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 eonditions 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.

(1) Under no circumstance shall the VSMP authority grant an exception to the requirement that the land-disturbing activity obtain required state pemits, nor approve the use of a B?IIP not found on the Virginia Stomwater BMP CIearin&ouse Website. except where allotved under Part I1 C (06J,AC35-~70-"$3 et seq.) ofthe Reb~lations.

(2) 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.

(3) A record of all exceptions granted shall be maintained by the VSMP authority in accordance with 9VAC25-870-126.

(b) Nothing in this section shall preclude an operator &om constructing to a more stringent standard at their discretion. The Administrator has the sole authority to determine whether a proposed standard is, in fact, more stringent than required under this ordinance.

Stute Administmti~fe Code reference - Section 9 K4 C25-870-5 7

DIVISION 2. MAINTENANCE

Sec. 58-108. LONG-TERM MAINTENANCE OF PERMANENT STORMWATER

(a) The Administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to rnanage the quality and quantity of sunoff. Such requirements shall be set forth in a Private Maintenance Agreement recorded in the Prince William County land records prior to obtaining any land disturbance related permits and shall at a minimum:

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

(2) Be stated to run with the land;

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

(4) Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator on an annual basis. Details related to the inspection ase found on the Virginia BMP Clearinghouse website and DCSM;

(5) Provide inspection reports certified by a professional engineer licensed in Virginia;

(6) Provide that additional maintenance required by the Administrator is completed within thirty (30) days of notification;

(7) Permit the city to maintain the stormwater management facilities or perform inspections at the owner's expense should the owner fail to maintain the stomwater management facilities in good working order in accordance with the maintenance specifications in the agreement or fail to perfam the periodic inspections required by the ag-eement;

(8) Provide that in the event the city, pursuant to the ageentent, perfoms work of any nature or expends any funds in perfomance of said work for labor, use of equipment, supplies,

materials, and the like, the owner will reimburse the city for all costs incurred by the city within thirty days of the date of invoice; and

(9) Be enforceable by all appropriate governmental parties.

(b) At the discretion of the Administrator, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily fiom an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the Administrator that fluture maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the Administrator. If the Administrator exercises the discretion granted by this subsection, he or she will document that decision and the nature of the enforceable mechanism in the applicable record, which will thereafter be retained for as long as the enforceable mechanism remains in effect, and for one year thereafter.

(c) If a recorded instrument is not required pursuant to Section 58-109 (b), the Adrninistrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily ti-om an individual residential lot. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities may not be subject to the requirement for an inspection to be conducted by the Administrator.

State Administrative Code reference - Section 9 VAC2.5-870-58

Sec. 58-109. MONITORING AND INSPECTIONS.

(a) The permittee shall notify the Adrninistrator before the commencement of construction.

(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) Development, 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 suweys or investigations necessary in the enforcement of the provisions of this Ordinai~ce.

(d) In accordance with a p e ~ o m a n c e bond with surety, cash escro.cv, letter of credit, any cornhination thereof, or such other legal a~angement 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 pennit conditions associated with a land-disturbing activity when a pemittee, after proper notice, has failed to take acceptable action within the time specified,

(e) Pursuant to $ 62.1-44.1 5:40 of the Code of Virginia, the Administrator may require every VSMP authority permit applicant or pemittee, or any such person subject to VSMP authority permit requirments 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. Such information shall be held as confidential and not disclosed under FOIA to the extent permitted by tj 62.1-44.15:40 of the Code of Virginia.

( f ) Post-construction inspections of stormwater maintenance 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 (5) years except as may otherwise be provided for in Section 58-109.

State Law reference - Code of Yirginia, S; 62.1-44.15:39 and j' 62.1-44.15:40 State Admir-zistrati-tie Code reference - Section Y VAC25-870-114

DIVISION 3. HEARINGS AND APPEALS

See. 58-1 10. HEARINGS

(a) Any permit applicant or pemittee, or person sub~ect to this Ordinance's requirements, aggrieved by any action of the city taken without a formal hearing, or by inaction of the city, may demand in writing a formal hearing by the city council. A petition requesting a hearing based on City action must be filed with the Adminiswator within 30 days after notice of such action is given by the Adminish.ator. A petition based on City inaction must be filed within thirty days after the city's deadline for action, if there is one, or if there is no deadline then within thirty days of the date the petitioner had actual or constnrctive notice that the city should have acted.

(b) The h e ~ n g s held under this section shall be conducted by the city council at a regular or special meeting of the city council, or by at least one member of the city council desimated by the city council to conduct such hearings on behalf of the city council at any other time and place authorized by the city council. The City shall give at least 15 days notice of the date, time and location of the hearing to the party fifing the appeal and to the property owner or record. In reviewing the Administrator's actions, the City Council or its desimee(s) shall consider evidence and opinions presented by the aglSrieved applicant and the Administrator.

After considering the evidence and opinions, the City Council or its designee(s) may affirm, reverse or modifji the action. Such decision shall be final, subject only to appeal under Section 58- 1 1 1 of the Code.

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

(d) The city council or its designated member(s), as the case may be. shall have pourer 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 city council, or its designated member(s), whose action may include the procurement of an order of enforcement fi-om the circuit court. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions.

State Law reference - Code of Virgirzia, j'j' 62.1-44.15:44, 62.1-44.15: 45, and 62.1-44.26.

Sec. 58-1 11. APPEALS

(a) Final decisions of the city under this article shall be subject to appeal to the Prince William Circuit Court, provided that an appeal is filed within 30 days fiom 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.

(b) The burden shall be upon the party complaining of City action to designate and demonstrate an error subject to review by the court. Allegations of error may be based upon: (i) accordance with constitutional right, power, privilege, or immunity, (ii) compliance with statutory authority, jurisdiction limitations, or right as provided in the Act, the stated objectives for which regulations may be made, and the factual showing respecting violations or entitlement in connection with case decisions, (iii) obsenrance of required procedure where any failure therein is not mere harmless error, and (iv) the substantiality of the evidentiary support for findings of fact. The determination of the substantiality of the evidence shall be made upon the whole evidentiary record provided by the City and the court shall determine whether there was substantial evidence in the City's record to support its decision.

(c) The court shall take due account of the presumption of official regularity, the experience and specialized competence of the City, and the purposes of the Act.

(d) The court may dismiss the appeal, order the City to take any notidiscretionary action that the City has withheld, or remand the rnatter to the City for further proceedings as the court may pemit or direct in accordance with law, The court shall not itself undertake to supply City action committed by the Act to the City.

Stare La+$* reference - Code of I.i'~-ginia, J,' 2.2-402 7, 2.2-4029 and 62. f -44.15:46.

DiVISION 4. ENFORCEMENT

Sec. 58-1 12. ENFORCEMENT

(a) If the Administrator determines that there is a failure to comply with the VSMP authority permit conditions or detemines there is an unauthorized discharge, notice shall be sewed 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 senred 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.

( I ) 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) 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 procedures. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the Prince William land records, 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 rnay 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 58- 1 12 (c).

(b) In addition to any other remedy provided by this Ordinance, if the Administrator or his or her designee detemines that there is a failure to cornply with the provisions of this Ordinance, they rnay initiate such informal andior fomal administrative enforcement procedures in a manner that is consistent with the applicable law.

(c) Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, or any permit condition issued by the Administrator may be compelled in a

proceeding instituted in any appropriate court by the locality 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 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.

( I ) Violations for which a penalty may be imposed under this Subsection shall include but not be limited to the following:

(i) No permit registration; (ii) No SWPPP:

(iii) Incomplete S WPPP; (iv) SWPPP not available for review; (v) No approved erosion and sediment control plan;

(vi) Failure to install stormwater BMPs or erosion and sediment controls; (vii) Stormwater BMPs or erosion and sediment controls improperly installed or

maintained; (viii) Operational deficiencies;

(ix) Failure to conduct required inspections; (x) Incomplete, improper, or missed inspections; and

(xi) Discharges not in compliance with the requirements of Section 9VAC25-880-70 of the general permit.

(2) The Administrator 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 city sfsall be paid into the treasury of the city to be used for the purpose of minimizing. preventing, managing, or mitigating pollution of the waters of the city 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, the City may prosecute violations criminally under Code of Virginia $62.1-44.15:48.

State -4dt~inistfatir~e Code reference - Section 9 L4 625-8 713-43 I6

DlVlSION 5. FEES

See. 58-1 13. FEES

(a) Fees for coverage under the general permit shall be imposed in accordance with a fee schedule established by an uncodified ordinance enacted by the city council. 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 fee schedule established by an uncodified ordinance enacted by the city council.

(b) 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 fee schedule. If the general permit modifications result in changes to stormwater managernent plans that require additional review by the city, such reviews shall be subject to the fees set out in the 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 the fee schedule.

(c) Annual permit maintenance shall be imposed in accordance with the 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. General permit coverage maintenance fees shall be paid annually to the city, by the anniversary date of general permit coverage. No permit will be reissued or automatically continued without payment of the required fee. General permit coverage maintenance fees shall be applied until a Notice of Termination is effective.

(d) The fees set forth in this section 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 established by an uncodified ordinance enacted by the city council may apply to each general permit holder.

(e) No permit application fees will be assessed to:

(1) Permittees who request minor modifications to permits as defined in Section 58-98 of this chapter. Permit modifications at the request of the permittee resulting in changes to stomwater management plans that require additional review by the Administrator shall not be exempt pursuant to this section,

(2) Permittees whose permits are modified or amended at the initiative of the Department, excluding errors in the registration statement identified by the Administrator or errors related to the acreage of the site.

(f) All incomplete payments will be deemed as 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 $58.1-1 5 of the Code of Virginia and is calculated on a monthly basis at the applicable periodic rate. A 10% late payment fee shall be charged to 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.

Sec. 58-1 14. Performance Bond (9VAC25-870-104.0)

(a) Prior to issuance of any permit, the Applicant may 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 city 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.

State Administratir3e Code reference - Section 9 L4C2.5-870-104 D.

2. That this ordinance shall take effect on July l", 2014.


Harry J. Parrish, 11, Mayor On Behalf of the City Council of Manassas, Virginia

ATTEST:

City Cferk

MOTION:

SECOND: Date: Regular Meeting Ord. No.

RE:

ACTION:

Votes: Ayes: Nays: Absent from Vote: Absent from Meeting:

CERTIFIED COPY Andrea Madden, City Clerk

ORDINANCE #0-2014-22 DRAFT First Reading: May 5,2014 Second Reading: June 00.20 14 Enacted: June 00,2014 Effective: July 1,2014

AN UNCODIFIED ORDINANCE ESTABLISHING A FEE SCHEDULE FOR STORMWATER &tANAGEILlENT

BE IT ORDAINED by the Council of the City of Manassas, Virginia, meeting in session this day of , 2014, that the following fees, deposits

and penalties are established.

1. The following fees for late payment are established.

Sec. 58- 1 14. Fees

(a) Fees for coverage for sites purchased for development within a previously permitted common plan of development or sale (9VAC25-870-820)

Department portion of "total fee to be paid by applicant" (based on

28% of total fee paid *)

$0

Fee type

General / Stormwater Management - Small Construction Activity/Land Clearing (A single-family detached residential structure with a site or

Small Construction ActivitylLand Clearing (Areas within or outside

Total fee to be paid by applicant (includes both

VSMP authority and department portions where applicable)

$209

(b) Fees for the modification or transfer of individual permits or of registration statements for the General Permit for Discharges of Stormwater from Construction Activities (9VAC25- 870-825)

common plans of development or sale with land-disturbance acreage equal to or greater than one acre and less

with land-disturbance acreage equal

common plans of development or sale with land-disturbance acreage equal

common plans of development or sale

General / Stormwater Management - Large Construction ActivityILand Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 100 acres)

* If the project is completely administered by the department such as may be the case for a state or federal project or projects covered by individual permits, the entire applicant fee shall be paid to the department.

$9,600 $2,688

(c) Permit maintenance fees (9VAC25-870-830)

General I Stormwater Management - Small Construction ActivitylLand Clearing (Areas within or outside common plans of development or sale with land-disturbance acreage less than one acre)

General I Stormwater Management - Small Construction ActivityILand Clearing (Sites or areas within common plans of development or sale with land-disturbance equal to or greater than one acre and less than five acres)

General I Stormwater Management - Large Construction ActivitylLand Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than five acres and less than 10 acres)

General I Stormwater Management - Large Construction ActivitylLand Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 10 acres and less than 50 acres)

General I Stormwater Management - Large Construction ActivitylLand Clearing (Sites or areas within common plans of development or sale with land-disturbance acreage equal to or greater than 50 acres and less than 100

$50

$400

$500

$650

$900

2. This ordinance shall become effective upon second reading.


ATTEST:

Andrea P. Madden, City Clerk

MOTION :

SECOND:

Harry J. Parrish, 11, Mayor On behalf of the City Council of Manassas, Virginia

Date: May 00, 2014 Regular Meeting Ord. No.:O-2014-00

RE: Uncodified Ordinance Establishing a Fee Schedule for Stormwater Management

ACTION: Adapted

Votes: Ayes: Nays: Absent from Vote: Absent from meeting:

CERTIFIED COPY Andrea P. Madden City Clerk

Virginia Storm Water Management Program (VSMP)

Department of Environmental Quality (DEQI Mandate

Mandatory local ordinance and program Implementation by by July 1, 2014

Revision of technical standards

Funding and staffing plan

Establishment of Fees

Storm Water Program 0 bjectives

* Control Stormwater closer to i t s source

Better replicate pre-development conditions * Maintain the correct base flow in streams

Promote BMP's/ Low Impact Development (LID)

Improve downstream channel protection

Comply with TMDL Requirements

Program Components

* Limits on Phosphorous

Enhanced runoff control measures

(Env. Site Design) Improved Channel protection

* l ncreased site inspection and enforcement

New State certifications for Plan Reviewers and Site Inspectors and Program Administrators

City assumes VSMP Permitting from State

a New Fee Schedule

't- o 2

m - - a, o i - l- -

, Reporting Responsibilities

Staff Must Track

*Construction site inspections *BMP inspections eFollow up on Maintenance of BMP's eFollow up on private facilities Program Audits

Plan Review

Absorbed by Current Staff

Expanded review for SWMIBMP o Methods o BMP's o Focus on LID

.Compliance with new Virginia SWM Handbook

.Expanded review of environmental site design/Ll D 'New review of Storm Water Pollution Prevention

Plan (SWPPP) and a Stormwater management plan

Administrative Changes

City processes VSMP permitting

Use Virginia e-permit Verify

o Construction General Permit registration o Pollution Prevention Plan- SWPPP o Erosion and Sediment Control Plan o Storm Water Management Plan o Verification of Registration Fee Payment

Approved Site Plan Grandfathering

Subdivision or site plan approved prior to July 1, 2012 remains approved:

J Until 2024 if VSMP permit obtained prior to July 1, 2014

J Until 2019 if VSMP permit obtained after July 1, 2014

*Subdivision or site plan approved between July 1,2012 and June 30,2014 are valid to 2019

.May impact fees collected

txemptions

Permitted surface or deep mining, oil, and gas operations

Bona Fide agricultural enterprises @Single-Family lot must meet general permit requirements, but need not register *Additions and modifications

Enforcement and penalties

*Inspections, Notice to Comply, Stop work order *Civil Penalties up to $32,50O/violation/day *Consent orders .Criminal Actions (rare)

a, a, + a, CI m X a, r $-r

't- o t 0

0-

CI Q 0 73 m 0 73 t

E E 0 U a I

8= m X 8

Stormwater Management Permit Fees

agenda mark - manassas, va

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