§ 6C-4. Technical criteria for regulating land-disturbing activities.
(a)
To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, Rockingham County hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part II B of the Regulations, as amended, expressly to include 9VAC25-870-62 [applicability], 9VAC25-870-63 [water quality design criteria requirements]; 9VAC25-870-65 [water quality compliance]; 9VAC25-870-66 [water quantity]; 9VAC25-870-69 [offsite compliance options]; 9VAC25-870-72 [design storms and hydrologic methods]; 9VAC25-870-74 [stormwater harvesting]; 9VAC25-870-76 [linear development project]; and, 9VAC25-870-85 [stormwater management impoundment structures or facilities], and 9VAC25-870-92 [comprehensive stormwater management plans], and 9VAC25-870-93 through 99 [technical criteria for regulated land-disturbing activities: grandfathered projects and projects subject to the provisions of 9VAC25-870-47 B], which shall apply to all land-disturbing activities regulated pursuant to this chapter, except as expressly set forth in section 6C-3.
(b)
Beginning with the general permit for discharges of stormwater from construction activities issued July 1, 2009, all land-disturbing activities that receive general permit coverage shall be conducted in accordance with the Part II B or Part II C technical criteria in place at the time of initial state permit coverage and shall remain subject to those criteria for an additional two (2) permit cycles, except as provided for in subsection D of 9VAC25-870-48. After the two (2) additional state permit cycles have passed, or should state permit coverage not be maintained, portions of the project not under construction shall become subject to any new technical criteria adopted since original state permit coverage was issued. For land-disturbing projects issued coverage under the July 1, 2009, state permit and for which coverage was maintained, such projects shall remain subject to the technical criteria of Part II C for an additional two (2) state permits.
(c)
Any land-disturbing activity shall be considered grandfathered by the VSMP authority and shall be subject to the Part II C technical criteria of the VSMP regulation provided:
(1)
A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the locality to be equivalent thereto (i) was approved by the locality prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-870-10, (iii) will comply with the Part II C technical criteria of the VSMP regulation, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff;
(2)
A state permit has not been issued prior to July 1, 2014; and
(3)
Land disturbance did not commence prior to July 1, 2014.
(d)
Locality, state and federal projects shall be considered grandfathered by the VSMP authority and shall be subject to the Part II C technical criteria of the VSMP regulation provided:
(1)
There has been an obligation of locality, state or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012;
(2)
A state permit has not been issued prior to July 1, 2014; and
(3)
Land disturbance did not commence prior to July 1, 2014.
(e)
Land-disturbing activities grandfathered under subsections (c) and (d) of this section shall remain subject to Part II C technical criteria of the VSMP regulation for one (1) additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the board.
(f)
In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Part II C.
(g)
The administrator may grant exceptions to the technical requirements of Part II B or Part II C of the regulations, provided that (i) the exception is the minimum necessary to afford relief, (ii) reasonable and appropriate conditions are imposed so that the intent of the Act, the regulations, and this chapter are preserved, (iii) granting the exception will not confer any special privileges that are denied in other similar circumstances, and (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship alone is not sufficient reason to grant an exception from the requirements of this chapter.
(1)
Exceptions to the requirement that the land-disturbing activity obtain required VSMP authority permit shall not be given by the administrator, nor shall the administrator approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website, or any other control measure duly approved by the director.
(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.
(h)
Nothing in this section shall preclude an operator from constructing to a more stringent standard at their discretion.
( P.C. Ord. No. 14-05 , 5-14-14; P.C. Ord. No. 14-07 , 7-23-14)
( P.C. Ord. No. 14-05 , 5-14-14; P.C. Ord. No. 14-07 , 7-23-14)