ATTACHMENT A RESOLUTION TO RATIFY AND AUTHORIZE

ATTACHMENT A

RESOLUTION TO RATIFY AND AUTHORIZE ADVERTISEMENT OF PUBLIC

HEARINGS BY THE PLANNING COMMISSION AT THE APRIL 28, 2014 PLANNING

COMMISSION MEETING TO CONSIDER CHANGES TO CHAPTER 61 OF THE

ARLINGTON COUNTY CODE AND BY THE COUNTY BOARD AT THE MAY 10

COUNTY BOARD MEETING TO CONSIDER PROPOSED AMENDMENTS TO

CHAPTERS 57, 60, AND 61 OF THE ARLINGTON COUNTY CODE RELATING TO

NEW STATE STORMWATER MANAGEMENT REQUIREMENTS FOR LOCAL

GOVERNMENTS AS WELL AS A NUMBER OF ADDITIONAL CHANGES FOR

CHAPTERS 57 AND 61 TO CORRECT AND/OR CLARIFY ORDINANCE

LANGUAGE, AS SHOWN IN ATTACHMENTS B, C, AND D BELOW.

The County Board of Arlington County hereby resolves to ratify and authorize the advertisement

of a public hearing by the Planning Commission on April 28, 2014 to consider proposed

amendments to Chapter 61 of the Arlington County code and by the County Board on May 10,

2014 to consider proposed amendments to Chapters 57, 60, and 61 of the Arlington County code

relating to new State stormwater management requirements for local governments as well as a

number of additional changes for Chapters 57 and 61 to correct and/or clarify ordinance

language.

* * *

In the proposed amendment, text proposed to be added is shown with underline and text

proposed to be removed is shown with ‘deletion balloons.’ Text proposed to be removed from

one location and moved to another location is shown with double-strikethrough and double-

underline, respectively.

* * *

Chapter 60 of the Arlington County code (Stormwater Detention Ordinance) is repealed, reenacted, and re-codified (Stormwater Management Ordinance) as set forth below in Attachment B. Chapter 61 of the Arlington County code (Chesapeake Bay Preservation Ordinance) is amended, reenacted, and re-codified as set forth below in Attachment C. Chapter 57 of the Arlington County code (Erosion and Sediment Control Ordinance) is amended, reenacted, and re-codified as set forth below in Attachment D.

Addendum-4-22-14-I-Stormwater Ordinance - Page 1

ATTACHMENT B


1 ARLINGTON COUNTY CODE 2

3 Chapter 60 4

5 STORMWATER MANAGEMENT 6

7 § 60-1. Title. .................................................................................................................................................................. 2 8 § 60-2. Authority. ......................................................................................................................................................... 2 9 § 60-3. Purpose. ............................................................................................................................................................ 2 10 § 60-4. Definitions. ....................................................................................................................................................... 2 11 § 60-5. Stormwater Permit Requirement; Exemptions. ........................................................................................... 7 12 § 60-6. Stormwater Management Program Established; Submission and Approval of Plans. VSMP Authority 13 Permit. .......................................................................................................................................................................... 8 14 § 60-7. Stormwater Pollution Prevention Plan; Contents of Plan. .......................................................................... 8 15 § 60-8. Stormwater Management Plan; Contents of Plan. ....................................................................................... 9 16 § 60-9. Pollution Prevention Plan; Contents of Plan............................................................................................... 10 17 § 60-10. Review of Stormwater Management Plan. ................................................................................................ 12 18 § 60-11. Technical Criteria for Regulated Land Disturbing Activities. ................................................................ 13 19 § 60-12. Grandfathering ............................................................................................................................................ 14 20 § 60-13. Long Term Maintenance of Permanent Stormwater Facilities. .............................................................. 15 21 § 60-14. Monitoring and Inspections. ....................................................................................................................... 16 22 § 60-15. Hearings. ...................................................................................................................................................... 17 23 § 60-16. Appeals. ........................................................................................................................................................ 17 24 § 60-17. Enforcement, Violations and Penalties. ..................................................................................................... 18 25 § 60-18. Performance Bond. ...................................................................................................................................... 19 26 § 60-19. Severability. ................................................................................................................................................. 20 27 § 60-20. Conflict of Chapter. ..................................................................................................................................... 20 28 29 30

31 32 33

34 35 36

1


§ 60-1. Title. 37 38 This chapter shall be known as the “Stormwater Management Ordinance of Arlington 39 County, Virginia.” 40 41 42 § 60-2. Authority. 43 44 This chapter is authorized pursuant to the authority and mandates of the Virginia 45 Stormwater Management Act, Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of 46 the Code of Virginia, and the Virginia Stormwater Program (VSMP) Permit Regulations 47 (9VAC25-870 et seq.), and § 15.2-2122 of Chapter 21 of Title 15.2 of the Code of Virginia. 48 49 50 § 60-3. Purpose. 51

52 The purpose of this chapter is to ensure the general health, safety, and welfare of the citizens 53

of Arlington County and to protect the quality and quantity of state waters from the potential 54 harm of unmanaged stormwater, including protection from a land disturbing activity causing 55 unreasonable degradation of properties, water quality, stream channels, and other natural 56 resources, and to establish procedures whereby stormwater requirements related to water quality 57 and quantity shall be administered and enforced. The Administrator shall be responsible for the 58 administration of this chapter and shall set forth in the Stormwater Manual and associated 59 documents the guidelines and standards for compliance with this chapter. The chapter 60 establishes a local stormwater management program that shall be administered in conjunction 61 with the County’s Municipal Separate Storm Sewer System (MS4) Program, erosion and 62 sediment control program, and Chesapeake Bay Preservation Act requirements. 63

64 65

§ 60-4. Definitions. 66 67 The following words and terms, when used in this chapter, shall have the following 68 meanings unless the contest clearly indicates otherwise: 69 70

"Act" means the Virginia Stormwater Management Act, Article 2.3 (§62.1-44.15:24 et 71 seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. 72 73

"Administrator" means the Director of the Department of Environmental Services or 74 designee which acts as the VSMP Authority on behalf of the Arlington County. 75 76

"Applicant" means any person submitting an application for a permit or requesting 77 issuance of a permit under this chapter. 78 79

"Best management practice" or "BMP" means schedules of activities, prohibitions of 80 practices, including both structural and nonstructural practices, maintenance procedures, and 81 other management practices to prevent or reduce the pollution of surface waters and groundwater 82 systems from the impacts of land-disturbing activities. 83

84

2


“Chapter 57 of the Arlington County Code” means the Erosion and Sediment Control 85 Ordinance. 86

87 “Chapter 61 of the Arlington County Code” means the Chesapeake Bay Preservation 88

Ordinance. 89 90

"Chesapeake Bay Preservation Act land-disturbing activity" means a land-disturbing 91 activity including clearing, grading, or excavation that results in a land disturbance equal to or 92 greater than 2,500 square feet and less than one acre in areas of the County designated as subject 93 to the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-94 830) adopted pursuant to the Chesapeake Bay Preservation Act. 95 96

“Common plan of development or sale” means a contiguous area where separate and 97 distinct construction activities may be taking place at different times on different schedules. 98 99

"Control measure" means any BMP or stormwater management facility, or other method 100 used to minimize the discharge of pollutants to state waters. 101 102

"Clean Water Act” or “CWA" means the federal Clean Water Act (33 U.S.C §1251 et 103 seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution 104 Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, 105 Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions 106 thereto. 107 108

"Department" means the Virginia Department of Environmental Quality (“DEQ”) 109 110 "Development" means land disturbance and the resulting landform associated with the 111

construction of residential, commercial, industrial, institutional, recreation, transportation or 112 utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural 113 purposes. 114

115 “Director” means the director of the Virginia Department of Environmental Quality or 116

his designee. 117 118

"General permit" means the state permit titled GENERAL PERMIT FOR 119 DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in Part 120 XIV (9VAC25-880-1 et seq.) of the Regulations authorizing a category of discharges under the 121 CWA and the Act within a geographical area of the Commonwealth of Virginia. 122 123 “Impervious cover” or “impervious surface” means a surface composed of any material 124 that significantly impedes or prevents natural infiltration of water into the soil. Depending on the 125 design, impervious surfaces may include, but are not limited to: roofs, buildings, streets, parking 126 areas, and any concrete, asphalt, or compacted gravel or dirt surface. 127 128

"Land disturbance" or "land-disturbing activity" means a man-made change to the land 129 surface that potentially changes its runoff characteristics including clearing, grading, or 130 excavation except that the term shall not include those exemptions specified in Section 60-5 of 131 this chapter. 132

3


133 “Layout” means a conceptual drawing sufficient to provide for the specified stormwater 134

management facilities required at the time of approval. 135 136 “Linear development project” means a land disturbing activity that is linear in nature 137 such as but not limited to (i) the construction of electric and telephone utility lines, and natural 138 gas pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and 139 other related structures of a railroad company; (iii) highway construction projects; (iv) 140 construction of stormwater channels and stream restoration activities; and (v) water and sewer 141 lines. Private subdivision roads or streets shall not be considered linear development projects. 142

"Minor modification" means an amendment to an existing General permit before its 143 expiration not requiring extensive review and evaluation including, but not limited to, changes in 144 EPA promulgated test protocols, increasing monitoring frequency requirements, changes in 145 sampling locations, and changes to compliance dates within the overall compliance schedules. A 146 minor General permit modification or amendment does not substantially alter General permit 147 conditions, substantially increase or decrease the amount of surface water impacts, increase the 148 size of the operation, or reduce the capacity of the facility to protect human health or the 149 environment. 150

151 "Municipal separate storm sewer" or “MS4” means a conveyance or system of conveyances 152

otherwise known as a municipal separate storm sewer system, including roads with drainage 153 systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm 154 drains: 155

156 (1) Owned or operated by a federal, state, city, town, county, district, association, or 157

other public body, created by or pursuant to state law, having jurisdiction or 158 delegated authority for erosion and sediment control and stormwater management, 159 or a designated and approved management agency under § 208 of the CWA that 160 discharges to surface waters; 161

(2) Designed or used for collecting or conveying stormwater; 162 (3) That is not a combined sewer; and 163 (4) That is not part of a publicly owned treatment works. 164

165 "Municipal Separate Storm Sewer System Management Program" or "MS4 Program" means 166

a management program covering the duration of a permit for a municipal separate storm sewer 167 system that includes a comprehensive planning process that involves public participation and 168 intergovernmental coordination, to reduce the discharge of pollutants to the maximum extent 169 practicable, to protect water quality, and to satisfy the appropriate water quality requirements of 170 the CWA and regulations and the Act and attendant regulations, using management practices, 171 control techniques, and system, design and engineering methods, and such other provisions that 172 are appropriate. 173

174 “New development” means the process of developing land that has not been previously 175

developed by the construction of residential, commercial, industrial, institutional, recreation, 176 transportation, or utility facilities or structures. 177

178

4


"Operator" means the owner or operator of any facility or activity subject to regulation 179 under this chapter. 180 181

"Permit" or "VSMP Authority Permit" means an approval to conduct a land-disturbing 182 activity issued by the Administrator for the initiation of a land-disturbing activity, in accordance 183 with this chapter, and which may only be issued after evidence of General permit coverage, if 184 applicable, has been provided by the Department. 185 186

"Permittee" means the person to whom the VSMP Authority Permit is issued. 187 188

"Person" means any individual, corporation, partnership, association, state, municipality, 189 commission, or political subdivision of a state, governmental body, including federal, state, or 190 local entity as applicable, any interstate body or any other legal entity. 191

192 “Redevelopment” means the process of developing land that is or has been previously 193

developed by the construction of residential, commercial, industrial, institutional, recreation, 194 transportation, or utility facilities or structures. 195

196 "Regulations" means the Virginia Stormwater Management Program (VSMP) Permit 197

Regulations, 9 VAC 25-870-10 et seq., as amended. 198 199

"Site" means the land or water area where any facility or land-disturbing activity is 200 physically located or conducted, including adjacent land used or preserved in connection with the 201 facility or land-disturbing activity. Areas channelward of mean low water in tidal Virginia shall 202 not be considered part of a site. 203 204

"State" means the Commonwealth of Virginia. 205 206

"State Board" means the State Water Control Board. 207 208

"State permit" means an approval to conduct a land-disturbing activity issued by the State 209 Board in the form of a state stormwater individual permit or coverage issued under a state 210 General permit or an approval issued by the State Board for stormwater discharges from an MS4. 211 Under these state permits, the Commonwealth imposes and enforces requirements pursuant to 212 the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the 213 Regulations. 214 215

"State Water Control Law" means Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1 of the 216 Code of Virginia. 217 218

"State waters" means all water, on the surface and under the ground, wholly or partially 219 within or bordering the Commonwealth or within its jurisdiction, including wetlands. 220 221

"Stormwater" means precipitation that is discharged across the land surface or through 222 conveyances to one or more waterways and that may include stormwater runoff, snow melt 223 runoff, and surface runoff and drainage. 224 225

5


"Stormwater management plan" means a document(s) containing material describing 226 methods for complying with the requirements of Section 60-8 of this chapter. 227

228 "Stormwater management facility" means a control measure that controls stormwater 229

runoff and changes the characteristics of that runoff including, but not limited to, the quantity 230 and quality, the period of release or the velocity of flow. 231

232 “Stormwater manual” means the Arlington County Department of Environmental 233

Services Manual, which contains the guidelines and standards for compliance with this chapter. 234 235

"Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is prepared 236 in accordance with good engineering practices and that identifies potential sources of pollutants 237 that may reasonably be expected to affect the quality of stormwater discharges from the 238 construction site, and otherwise meets the requirements of this chapter. In addition the document 239 shall identify and require the implementation of control measures, and shall include, but not be 240 limited to the inclusion of, or the incorporation by reference of, approved erosion and sediment 241 control plan, an approved stormwater management plan, and an approved pollution prevention 242 plan. 243 244

"Subdivision" means the same as defined in Chapter 23 of the Arlington County Code. 245 246

"Total maximum daily load" or "TMDL" means the sum of the individual wasteload 247 allocations for point sources, load allocations for nonpoint sources, natural background loading 248 and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or 249 other appropriate measure. The TMDL process provides for point versus nonpoint source trade-250 offs. 251 252

"Virginia Stormwater Management Act" or "Act" means Article 2.3 (§ 62.1-44.15:24 et 253 seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. 254 255

“Virginia Stormwater BMP Clearinghouse website” means a website that contains 256 detailed design standards and specifications for control measures that may be used in Virginia to 257 comply with the requirements of the Virginia Stormwater Management Act and associated 258 regulations. 259 260

“Virginia Stormwater Management Program” or “VSMP” means a program approved 261 by the State Board after September 13, 2011, that has been established by a locality to manage 262 the quality and quantity of runoff resulting from land-disturbing activities and shall include such 263 items as local ordinances, rules, permit requirements, annual standards and specifications, 264 policies and guidelines, technical materials, and requirements for plan review, inspection, 265 enforcement, where authorized in this article, and evaluation consistent with the requirements of 266 this article and associated regulations. 267 268

"Virginia Stormwater Management Program authority" or "VSMP authority" means an 269 authority approved by the State Board after September 13, 2011, to operate a Virginia 270 Stormwater Management Program. 271 272

6


273 § 60-5. Stormwater Permit Requirement; Exemptions. 274 275

A. Except as provided herein, no person may engage in any land-disturbing activity, 276 including Chesapeake Bay Preservation Act land disturbing activities, until a VSMP authority 277 permit has been issued by the Administrator in accordance with the provisions of this chapter. 278 279

B. Notwithstanding any other provisions of this chapter, the following activities are 280 exempt, unless otherwise required by federal law: 281 282

(1) Permitted surface or deep mining operations and projects, or oil and gas 283 operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia; 284 285

(2) Clearing of lands specifically for agricultural purposes and the management, 286 tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot 287 operations, or as additionally set forth by the State Board in regulations, including engineering 288 operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, 289 dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, 290 land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest 291 crops unless the area on which harvesting occurs is reforested artificially or naturally in 292 accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of 293 Virginia or is converted to bona fide agricultural or improved pasture use as described in 294 Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia; 295 296

(3) Land disturbing activities that disturb less than 2,500 square feet of land area, 297 except for land disturbing activities that are part of a larger common plan of development or sale 298 that is one acre or greater; 299

300 (4) Discharges to a sanitary sewer or a combined sewer system; 301

302 (5) Activities under a State or federal reclamation program to return an abandoned 303

property to an agricultural or open land use; 304 305

(6) Routine maintenance that is performed to maintain the original line and grade, 306 hydraulic capacity, or original construction of the project. The paving of an existing road with a 307 compacted or impervious surface and reestablishment of existing associated ditches and 308 shoulders shall be deemed routine maintenance if performed in accordance with this subsection; 309 and 310 311

(7) Conducting land-disturbing activities in response to a public emergency where the 312 related work requires immediate authorization to avoid imminent endangerment to human health 313 or the environment. In such situations, the Administrator shall be advised of the disturbance 314 within seven days of commencing the land-disturbing activity and compliance with the 315 administrative requirements of subsection A is required within 30 days of commencing the land-316 disturbing activity. 317 318 319

7


320 § 60-6. Stormwater Management Program Established; Submission and Approval of Plans. VSMP Authority 321 Permit. 322 323

A. Pursuant to § 62.1-44.15:27 of the Code of Virginia, Arlington County hereby 324 establishes a Virginia stormwater management program for land-disturbing activities and adopts 325 the applicable Regulations that specify standards and specifications for VSMPs promulgated by 326 the State Board for the purposes set out in Section 60-3 of this chapter. The Arlington County 327 Board hereby designates the Director of the Department of Environmental Services or designee 328 as the Administrator of the Virginia stormwater management program. 329 330

B. No VSMP authority permit shall be issued by the Administrator, until the 331 following items have been submitted to and approved by the Administrator as prescribed herein: 332 333

(1) A permit application that includes a General permit registration statement, except 334 that Chesapeake Bay Preservation Act land-disturbing activities do not require a General permit 335 but shall be subject the technical criteria set forth in Section 60-11; 336

337 (2) An erosion and sediment control plan approved in accordance with the Chapter 338

57 of the Arlington County Code; 339 340 (3) A pollution prevention plan that meets the requirements of 60-9 of this chapter; 341

342 (4) A stormwater management plan that meets the requirements of 60-8 of this 343

chapter; 344 345 (5) Evidence of General permit coverage is obtained, except for Chesapeake Bay 346

Preservation Act land-disturbing activities; 347 348 (6) The requirements of Chapter 61 of the Arlington County Code must be satisfied; 349 350 (7) The fees required to be paid pursuant to the Arlington County Code and State Fee 351

Schedule (as set forth in 9VAC25-870-820 through 830), are received, and a reasonable 352 performance bond, if required, pursuant to Section 60-18 of this chapter has been submitted; and 353

354 (8) Unless and until the permit application and attendant materials and supporting 355

documentation demonstrate that all land clearing, construction, disturbance, land development 356 and drainage will be done according to the approved permit. 357

358 C. No land disturbance activity, building or other local permit shall be issued for a 359

property unless a VSMP authority permit has been issued by the Administrator, unless the phase 360 of construction does not yet require a stormwater management plan. 361

362 363

§ 60-7. Stormwater Pollution Prevention Plan; Contents of Plan. 364 365

A. The Stormwater Pollution Prevention Plan (SWPPP) shall include, but not be limited 366 to, an approved sediment and control plan, an approved stormwater management plan, an 367

8


approved pollution prevention plan, and a description of any additional control measure 368 necessary to address a TMDL pursuant to 9VAC25-870-54E and must also comply with the 369 requirements and general information set forth in 9VAC25-870-54 (Stormwater pollution 370 prevention plan requirements) of the Regulations and Section II of the General permit. 371

372 B. The SWPPP shall be amended by the operator whenever there is a change in design, 373

construction, operation, or maintenance that has a significant effect on the discharge of pollutants 374 to state waters which is not addressed by the existing SWPPP. 375 376

C. The SWPPP must be maintained by the operator at a central location onsite. If an 377 onsite location is unavailable, notice of the SWPPP's location must be posted near the main 378 entrance at the construction site. Operators shall make the SWPPP available for public review in 379 accordance with Section II of the General permit, either electronically or in hard copy. 380

381 382

§ 60-8. Stormwater Management Plan; Contents of Plan. 383 384

A. The Stormwater Management Plan, required in Section 60-6 of this chapter, must 385 apply the stormwater management technical criteria set forth in 60-11 of this chapter to the entire 386 common plan of development or sale where applicable. Individual lots or parcels in a 387 residential, commercial, or industrial common plan of development or sale shall not be 388 considered to be separate land-disturbing activities. Instead the common plan, as a whole, shall 389 be considered to be a single land-disturbing activity. A stormwater management plan shall 390 consider all sources of surface runoff and all sources of subsurface and groundwater flows 391 converted to surface runoff, and include the following information, at a minimum: 392 393

(1) Information on the type and location of stormwater discharges; information on the 394 features to which stormwater is being discharged including surface waters or karst features, if 395 present, and the predevelopment and postdevelopment drainage areas; 396 397

(2) Contact information including the name, address, and telephone number of the 398 owner and the tax reference number and parcel number of the property or properties affected; 399 400

(3) A narrative that includes a description of current site conditions and final site 401 conditions; 402 403

(4) A general description of the proposed stormwater management facilities and the 404 mechanism through which the facilities will be operated and maintained after construction is 405 complete; 406 407

(5) Information on the proposed stormwater management facilities, including but not 408 limited to: 409 410

a. The type of facilities; 411 b. Location, including geographic coordinates; 412 c. Total, impervious, turf and forested/open space acres treated; and 413 d. The surface waters or karst features, if present, into which the facility will 414

discharge. 415 9


416 (6) Hydrologic and hydraulic computations, including runoff characteristics; 417

418 (7) Documentation and calculations verifying compliance with the water quality and 419

quantity requirements of 60-11 of this Chapter. 420 421

(8) A map or maps of the site that depicts the topography of the site and includes: 422 423

a. All contributing drainage areas; 424 b. Existing streams, ponds, culverts, ditches, wetlands, other water bodies, 425

and floodplains; 426 c. Soil types, geologic formations if karst features are present in the area, 427

forest cover, and other vegetative areas; 428 d. Current land use including existing structures, roads, and locations of 429

known utilities and easements; 430 e. Sufficient information on adjoining parcels to assess the impacts of 431

stormwater from the site on these parcels; 432 f. The limits of clearing and grading, and the proposed drainage patterns on 433

the site; 434 g. Proposed buildings, roads, parking areas, utilities, and stormwater 435

management facilities; and 436 h. Proposed land use with tabulation of the percentage of surface area to be 437

adapted to various uses, including but not limited to planned locations of 438 utilities, roads, and easements. 439 440

(9) Additional information as set forth in the Stormwater Manual. 441 442

B. If an Operator intends to meet the water quality and/or quantity requirements set 443 forth in Section 60-11 of this chapter through the use of off-site compliance options, where 444 applicable, then a letter of availability from the off-site provider must be included. Approved 445 off-site options must achieve the necessary nutrient reductions prior to the commencement of the 446 applicant's land-disturbing activity and must be located within Arlington County’s MS4 service 447 area to ensure compliance with the Chesapeake Bay TMDL requirements of Arlington County’s 448 MS4 Permit. 449 450

C. Elements of the stormwater management plans that include activities regulated 451 under Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately 452 sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to 453 Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia. 454 455

C. A construction record drawing for permanent stormwater management facilities 456 shall be submitted to the Administrator. The construction record drawing shall be appropriately 457 sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that 458 the stormwater management facilities have been constructed in accordance with the approved 459 plan. 460 461 462 § 60-9. Pollution Prevention Plan; Contents of Plan. 463

10


464 A. A Pollution Prevention Plan, required by 9VAC25-870-56, shall be developed, 465

implemented, and updated as necessary and must detail the design, installation, implementation, 466 and maintenance of effective pollution prevention measures to prevent the discharge of 467 pollutants to the Arlington County MS4 according to the requirements of the Arlington County’s 468 MS4 Permit. Only the following non‐ stormwater discharges are authorized by Arlington 469 County’s MS4 permit, unless the State Water Control Board, the Virginia Soil and Water 470 Conservation Board (Board), or Arlington County determines the discharge to be a significant 471 source of pollutants to surface waters: 472

473 (1) Water line flushing; landscape irrigation; diverted stream flows; rising ground 474

waters; 475 476 (2) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)); 477

uncontaminated pumped ground water; 478 479 (3) Discharges from potable water sources; foundation drains; air conditioning 480

condensation; irrigation water; springs; water from crawl space pumps; footing drains; 481 482 (4) Lawn watering; individual residential car washing; 483 484 (5) Flows from riparian habitats and wetlands; 485 486 (6) Dechlorinated swimming pool discharges; 487 488 (7) Discharges or flows from fire fighting; 489 490 (8) Other activities generating discharges identified by the Department as not 491

requiring Virginia Pollutant Discharge Elimination System (“VDPES”) authorization. 492 493 B. At a minimum measures must be designed, installed, implemented, and 494

maintained to: 495 496

(1) Prevent the discharge of pollutants from equipment and vehicle washing, wheel 497 wash water, and other wash waters. Wash waters must be treated in a sediment basin or 498 alternative control that provides equivalent or better treatment prior to discharge; 499 500

(2) Minimize the exposure of building materials, building products, construction 501 wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, 502 and other materials present on the site to precipitation and to stormwater; and 503 504

(3) Prevent the discharge of pollutants from spills and leaks and implement chemical 505 spill and leak prevention and response procedures. 506 507

C. The pollution prevention plan shall include effective best management practices 508 to prohibit the following discharges: 509 510

11


(1) Wastewater from washout of concrete, unless managed by an appropriate control; 511 512 (2) Wastewater from washout and cleanout of stucco, paint, form release oils, curing 513

compounds, and other construction materials; 514 515 (3) Fuels, oils, or other pollutants used in vehicle and equipment operation and 516

maintenance; and 517 518 (4) Soaps or solvents used in vehicle and equipment washing. 519 520 (5) Discharges from dewatering activities, including discharges from dewatering of 521

trenches and excavations, are prohibited unless managed by appropriate controls 522 523 (6) Any other discharges prohibited by Arlington County’s MS4 permit. 524 525

526 § 60-10. Review of Stormwater Management Plan. 527 528

A. The Administrator shall review stormwater management plans and shall approve 529 or disapprove a stormwater management plan according to the following: 530

531 (1) The Administrator shall determine the completeness of a plan in accordance with 532

Section 60-8 of this chapter, and shall notify the applicant, in writing by letter through the 533 regular postal service or electronic mail, of such determination, within 15 calendar days of 534 receipt. If the plan is deemed to be incomplete, the above written notification shall contain the 535 reasons the plan is deemed incomplete. 536

537 (2) The Administrator shall have an additional 60 calendar days from the date of the 538

communication of completeness to review the plan, except that if a determination of 539 completeness is not made within the time prescribed in subdivision (1), then plan shall be 540 deemed complete and the Administrator shall have 60 calendar days from the date of submission 541 to review the plan. 542

543 (3) The Administrator shall review any plan that has been previously disapproved, 544

within 45 calendar days of the date of resubmission. 545 546 (4) During the review period, the plan shall be approved or disapproved and the 547

decision communicated in writing to the person responsible for the land-disturbing activity or his 548 designated agent. If the plan is not approved, the reasons for not approving the plan shall be 549 provided in writing. Approval or denial shall be based on the plan's compliance with the 550 requirements of this chapter. 551

552 (5) If a plan meeting all requirements of this chapter is submitted and no action is 553

taken within the time provided above in subdivision (2) for review, the plan shall be deemed 554 approved. 555 556

B. Approved stormwater plans may be modified as follows: 557 558

12


(1) Modifications to an approved stormwater management plan shall be allowed only 559 after review and written approval by the Administrator. The Administrator shall have 60 560 calendar days to respond in writing either approving or disapproving such request. 561

562 (2) The Administrator may require that an approved stormwater management plan be 563

amended, within a time prescribed by the Administrator, to address any deficiencies noted during 564 inspection. 565 566

C. The Administrator shall require the submission of a construction record drawing 567 for permanent stormwater management facilities. 568 569 570 § 60-11. Technical Criteria for Regulated Land Disturbing Activities. 571 572

A. To protect the quality and quantity of state water from the potential harm of 573 unmanaged stormwater runoff resulting from land-disturbing activities, Arlington County hereby 574 adopts the technical criteria for regulated land-disturbing activities, including Chesapeake Bay 575 Preservation Act land disturbing activities, set forth in Part II B of the Regulations, as amended, 576 expressly to include 9VAC25-870-63 [water quality design criteria requirements]; 9VAC25-870-577 65 [water quality compliance]; 9VAC25-870-66 [water quantity]; 9VAC25-870-69 [offsite 578 compliance options]; 9VAC25-870-72 [design storms and hydrologic methods]; 9VAC25-870-579 74 [stormwater harvesting]; 9VAC25-870-76 [linear development project]; 9VAC25-870-85 580 [stormwater management impoundment structures or facilities]; and 9VAC25-870-92 581 [comprehensive stormwater management plans] which shall apply to all land-disturbing activities 582 regulated pursuant to this chapter, except as expressly set forth in Subsections B through J of this 583 Section. The specific compliance requirements to satisfy these technical criteria shall be set 584 forth in the Stormwater Manual. 585

586 B. Single-family residences separately built and disturbing less than one acre and not 587

part of a larger common plan of development or sale, including additions or modifications to 588 existing single-family detached residential structures, shall be considered a regulated land 589 disturbing activity as allowed by § 62.1-44.15:34 of the Code of Virginia for localities subject to 590 the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) but shall not require coverage 591 under the General Permit. The specific compliance requirements for these single-family 592 residences shall be set forth in the Stormwater Manual. 593

594 C. Notwithstanding the requirements of subsection (A), within the Four Mile Run 595

watershed, post-development peak runoff shall not increase 100-year peak flow in the Four Mile 596 Run flood control channel as required by the Four Mile Run Flood Control Agreement with the 597 United States Army Corps of Engineers. The specific compliance requirements for Four Mile 598 Run flood protection shall be set forth in the Stormwater Manual. 599

600 D. The Administrator may grant exceptions to the technical requirements of Part II B 601

of the Regulations, provided that (i) the exception is the minimum necessary to afford relief, (ii) 602 reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, 603 and this chapter are preserved, (iii) granting the exception will not confer any special privileges 604 that are denied in other similar circumstances, and (iv) exception requests are not based upon 605

13


conditions or circumstances that are self-imposed or self-created. Economic hardship alone is 606 not sufficient reason to grant an exception from the requirements of this chapter. 607 608

E. Exceptions to the requirement that the land-disturbing activity obtain required 609 VSMP authority permit shall not be given by the Administrator, nor shall the Administrator 610 approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website, or 611 any other control measure duly approved by the Director. 612

613 614

§ 60-12. Grandfathering 615 616

A. Any land disturbing activity shall be considered grandfathered by the VSMP 617 authority and shall be subject to the Part II C technical criteria of the VSMP Regulation 618 provided: 619

620 (1) A proffered or conditional zoning plan, zoning with a plan of development, 621

preliminary or final subdivision plat, preliminary or final site plan, or any document determined 622 by the locality to be equivalent thereto (i) was approved by the locality prior to July 1, 2012, (ii) 623 provided a layout as defined in 9VAC25-870-10, (iii) will comply with the Part II C technical 624 criteria of the VSMP Regulation, and (iv) has not been subsequently modified or amended in a 625 manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and 626 such that there is no increase in the volume or rate of runoff; 627

628 (2) A state permit has not been issued prior to July 1, 2014; and 629 630 (3) Land disturbance did not commence prior to July 1, 2014. 631

632 B. Locality, state and federal projects shall be considered grandfathered by the 633

VSMP authority and shall be subject to the Part II C technical criteria of the VSMP Regulation 634 provided: 635

636 (1) There has been an obligation of locality, state or federal funding, in whole or in 637

part, prior to July 1, 2012, or the department has approved a stormwater management plan prior 638 to July 1, 2012; 639

640 (2) A state permit has not been issued prior to July 1, 2014; and 641 642 (3) Land disturbance did not commence prior to July 1, 2014. 643 644

14


C. Land disturbing activities grandfathered under subsections A and B of this section 645 shall remain subject to the Part II C technical criteria of the VSMP Regulation for one additional 646 state permit cycle. After such time, portions of the project not under construction shall become 647 subject to any new technical criteria adopted by the State Board. 648

649 D. In cases where governmental bonding or public debt financing has been issued for 650

a project prior to July 1, 2012, such project shall be subject to the technical criteria of Part II C. 651 652 E. Nothing in this section shall preclude an operator from constructing to a more 653

stringent standard at his discretion. 654 655

F. The Administrator may grant exceptions to the technical requirements of Part II C 656 of the Regulations, provided that (i) the exception is the minimum necessary to afford relief, (ii) 657 reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, 658 and this chapter are preserved, (iii) granting the exception will not confer any special privileges 659 that are denied in other similar circumstances, and (iv) exception requests are not based upon 660 conditions or circumstances that are self-imposed or self-created. Economic hardship alone is 661 not sufficient reason to grant an exception from the requirements of this chapter. 662

663 G. Exceptions to the requirement that the land-disturbing activity obtain required 664

VSMP authority permit shall not be given by the Administrator, nor shall the Administrator 665 approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website, or 666 any other control measure duly approved by the Director, except where allowed under Part IIC. 667 668 § 60-13. Long Term Maintenance of Permanent Stormwater Facilities. 669 670

A. Provision for long-term responsibility for and maintenance of stormwater 671 management facilities and other techniques specified to manage the quality and quantity of 672 runoff are required. Such requirements shall be set forth in an instrument as follows: 673 674

(1) Be submitted to the Administrator for review and approval and recordation prior 675 to the approval of the stormwater management plan; 676

677 (2) Be stated to run with the land; 678 679 (3) Provide for all necessary access to the property for purposes of maintenance and 680

regulatory inspections; 681 682 (4) Provide for inspections and maintenance and the submission of inspection and 683

maintenance reports to the Administrator; 684 685 (5) Be enforceable by all appropriate governmental parties; 686 687 (6) Ensure that measures could be taken by the County to maintain the stormwater 688

management facilities or perform inspections at the owner's expense should the owner fail to 689 maintain the stormwater management facilities in good working order in accordance with the 690 maintenance specifications in the agreement or perform the periodic inspections required by the 691 agreement; 692

15


693 (7) Provide that in the event the County, pursuant to the agreement, performs work of 694

any nature or expends any funds in performance of said work for labor, use of equipment, 695 supplies, materials, and the like, the owner will reimburse the County for all costs incurred by 696 the County; and 697 698

(8) Provide for liens to be placed on the property should the owner fail to reimburse 699 the County for costs incurred by the County. 700

. 701 702 § 60-14. Monitoring and Inspections. 703 704

A. The Administrator shall inspect the land-disturbing activity during construction for: 705 706

(1) Compliance with the approved erosion and sediment control plan; 707 708 (2) Compliance with the approved stormwater management plan; 709 710 (3) Development, updating, and implementation of a pollution prevention plan; and 711 712 (4) Development and implementation of any additional control measures necessary to 713

address a TMDL. 714 715

B. The Administrator may, at reasonable times and under reasonable circumstances, 716 enter any establishment or upon any property, public or private, for the purpose of obtaining 717 information or conducting surveys or investigations necessary in the enforcement of the 718 provisions of this chapter. 719 720

C. In accordance with any performance bond with surety, cash escrow, letter of 721 credit, any combination thereof, or such other legal arrangement or instrument, the Administrator 722 may also enter any establishment or upon any property, public or private, for the purpose of 723 initiating or maintaining appropriate actions which are required by the permit conditions 724 associated with a land-disturbing activity when Sca permittee, after proper notice, has failed to 725 take acceptable action within the time specified. 726 727

D. Pursuant to § 62.1-44.15:40 of the Code of Virginia, the Administrator may 728 require every VSMP authority permit applicant or permittee, or any such person subject to 729 VSMP authority permit requirements under this chapter, to furnish when requested such 730 application materials, plans, specifications, and other pertinent information as may be necessary 731 to determine the effect of his discharge on the quality of state waters, or such other information 732 as may be necessary to accomplish the purposes of this chapter. 733

734 E. The Administrator shall establish an inspection program that ensures that 735

stormwater management facilities are being adequately maintained as designed after completion 736 of land-disturbing activities. The inspection programs shall: 737

738 (1) Be approved by the State Board; 739

740

16


(2) Ensure that each stormwater management facility is inspected by the 741 Administrator, or his designee, not to include the owner, except as provided in subsection F this 742 section, at least once every five years; and 743

744 (1) Be documented by records. 745

746 F. The Administrator may utilize the inspection reports of the owner of a stormwater 747

management facility as part of an inspection program established in this section if the inspection 748 is conducted by a person who is licensed as a professional engineer, architect, landscape 749 architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1; a 750 person who works under the direction and oversight of the licensed professional engineer, 751 architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate 752 of competence from the State Board. 753

754 755

§ 60-15. Hearings. 756 757

A. A Hearing Officer(s) shall be appointed by the County Manager for the purpose 758 of hearing appeals of actions or the failure to take action by the Administrator under this chapter. 759 760

B. Any permit applicant or permittee, or person subject to this chapter, aggrieved by 761 any action or any inaction of the Administrator taken without a formal hearing, may demand in 762 writing a hearing by the Hearing Officer, provided that a request for such hearing is filed with 763 the Administrator within 30 days after notice of such action is given by the Administrator. 764

765 C. After a request for a hearing is filed with the Administrator, the Hearing Officer 766

shall issue a notice of hearing to the aggrieved party and the Administrator providing the date, 767 time, and location of the hearing. The notice of hearing to the aggrieved party shall be issued by 768 certified mail. 769 770

D. The Hearing Officer shall conduct the hearing and render a written decision 771 within thirty (30) days after conclusion of the hearing. 772 773 774 § 60-16. Appeals. 775 776

The permit applicant, permittee, or person to whom a final decision is issued by the 777 Hearing Officer may seek judicial review of the final decision or order issued by the Hearing 778 Officer by appeal to the Circuit Court of Arlington County on the record of the proceedings 779 before the Hearing Officer. To commence an appeal, a party shall file a petition in the Circuit 780 Court of Arlington County within 30 days of the date of the final order issued by the Hearing 781 Officer. Failure to do so shall constitute a waiver of the right to appeal. 782

783 784

17


§ 60-17. Enforcement, Violations and Penalties. 785 786

A. If the Administrator determines that there is a failure to comply with the VSMP 787 authority permit conditions or determines there is an unauthorized discharge associated with a 788 land disturbing activity, notice shall be served upon the permittee or person responsible for 789 carrying out the permit conditions by any of the following: verbal warnings and inspection 790 reports, notices to comply, notice of violation, and consent special orders. 791

792 B. Notices to comply, notice of violation, and consent special orders shall be served 793

by registered or certified mail to the address specified in the permit application or by delivery at 794 the site of the development activities to the agent or employee supervising such activities. 795 796

(1) The notice shall specify the measures needed to comply with the permit 797 conditions and shall specify the time within which such measures shall be completed. Upon 798 failure to comply within the time specified, a stop work order may be issued in accordance with 799 Subsection B(2) or the permit may be revoked by the Administrator. 800

801 (2) If a permittee or person responsible for carrying out the permit conditions fails to 802

comply with a notice issued in accordance with this Section within the time specified, the 803 Administrator may issue a stop work order requiring the owner, permittee, person responsible for 804 carrying out an approved plan, or the person conducting the land-disturbing activities without an 805 approved plan or required permit to cease all land-disturbing activities until the violation of the 806 permit has ceased, or an approved plan and required permits are obtained, and specified 807 corrective measures have been completed. Such orders shall become effective upon service on 808 the person by certified mail, return receipt requested, sent to his address specified in the land 809 records of the locality, or by personal delivery by an agent of the Administrator. Failure to 810 comply with a stop work order shall constitute a separate violation of this chapter. 811

812 (3) If the Administrator finds that any such violation is grossly affecting or presents 813

an imminent and substantial danger of causing harmful erosion of lands or sediment deposition 814 in waters within the watersheds of the Commonwealth or otherwise substantially impacting 815 water quality, it may issue, without advance notice or hearing, an emergency order directing such 816 person to cease immediately all land-disturbing activities on the site and shall provide an 817 opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, 818 to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an 819 order is not complying with the terms thereof, the Administrator may institute a proceeding for 820 an injunction, mandamus, or other appropriate remedy in accordance with this section. 821 822

C. It is unlawful and constitutes a separate violation of this Chapter for any person to fail 823 to comply with any stop work order, emergency order, or a special order issued in accordance 824 with this chapter. Any person violating or failing, neglecting, or refusing to obey any rule, 825 regulation, ordinance, order, approved standard or specification, or any permit condition issued 826 by the Administrator may be compelled in a proceeding instituted in the Circuit Court of 827 Arlington County to obey same and to comply therewith by injunction, mandamus or other 828 appropriate remedy. 829 830

D. Any person who violates any provision of this chapter or who fails, neglects, or 831 refuses to comply with any order of the Administrator, shall be subject to a civil penalty not to 832

18


exceed $32,500 for each violation within the discretion of the court. Each day of violation of 833 each requirement shall constitute a separate offense. 834 835

(1) Violations for which a penalty may be imposed under this Subsection shall 836 include but not be limited to the following: 837

a. No state permit registration; 838 b. No SWPPP; 839 c. Incomplete SWPPP; 840 d. SWPPP not available for review; 841 e. No approved erosion and sediment control plan; 842 f. Failure to install stormwater BMPs or erosion and sediment controls; 843 g. Stormwater BMPs or erosion and sediment controls improperly installed or 844 maintained; 845 h. Operational deficiencies; 846 i. Failure to conduct required inspections; 847 j. Incomplete, improper, or missed inspections; and 848 k. Discharges not in compliance with the requirements of Section 9VAC25-849 880-70 of the General permit. 850

851 (2) The Administrator may issue a summons for collection of the civil penalty and the 852

action may be prosecuted in the appropriate court. 853 854

(3) In imposing a civil penalty pursuant to this Subsection, the court may consider the 855 degree of harm caused by the violation and also the economic benefit to the violator from 856 noncompliance. 857 858

(4) Any civil penalties assessed by a court as a result of a summons issued by the 859 County shall be paid into the treasury of Arlington County to be used for the purpose of 860 minimizing, preventing, managing, or mitigating pollution of the waters of the locality and 861 abating environmental pollution therein in such manner as the court may, by order, direct. 862 863

E. Notwithstanding any other civil or equitable remedy provided by this Section or 864 by law, any person who willfully or negligently violates any provision of this chapter, any order 865 of the Administrator, any condition of a permit, or any order of a court shall, be guilty of a 866 misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less 867 than $2,500 nor more than $32,500, or both. 868 869 870 § 60-18. Performance Bond. 871 872

Prior to issuance of any permit, the Applicant may be required to submit a reasonable 873 performance bond with surety, cash escrow, letter of credit, any combination thereof, or such 874 other legal arrangement acceptable to the County Attorney to ensure that measures could be 875 taken by Arlington County at the Applicant's expense should he fail, after proper notice, within 876 the time specified to initiate or maintain appropriate actions which may be required of him by the 877 permit conditions as a result of his land disturbing activity. If Arlington County takes such 878 action upon such failure by the Applicant, the County may collect from the Applicant for the 879 difference should the amount of the reasonable cost of such action exceed the amount of the 880

19


security held, if any. Within 60 days of the completion of the requirements of the permit 881 conditions, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended 882 or unobligated portion thereof, shall be refunded to the Applicant or terminated. 883

884 885

§ 60-19. Severability. 886 887 If any provision of this chapter is held to be unconstitutional or invalid, such 888

unconstitutionality or invalidity shall not affect the remaining provisions of this chapter. 889 890 891 § 60-20. Conflict of Chapter. 892 893

In any case where a provision of this chapter is found to be in conflict with any other 894 provision of the Arlington County Code existing on the effective date of this chapter, the 895 provision which establishes the more stringent standard for the promotion and protection of the 896 health and safety of the people shall prevail. In any case where a provision of this chapter is 897 found to be in conflict with any other provision of the Arlington County Code existing on the 898 effective date of this chapter which establishes a less stringent standard for the promotion and 899 protection of the health and safety of the people, the provisions of this chapter shall be deemed to 900 prevail, and such other provisions are hereby declared to be repealed to the extent that they may 901 be found in conflict with this chapter. 902 903 904 905

20


ATTACHMENT C


ARLINGTON COUNTY CODE CHESAPEAKE BAY PRESERVATION

1 ARLINGTON COUNTY CODE 2

3 Chapter 61 4

5 CHESAPEAKE BAY PRESERVATION ORDINANCE* 6

__________ 7 * Editors Note: Ord. No. 03-1, adopted Feb. 8, 2003, amended Ch. 61, in its entirety, to read as herein set 8 out in §§ 61-1--61-19. 9 __________ 10 11 12

§ 61-1. Title 13 § 61-2. Purpose and Intent 14 § 61-3. Definitions 15 § 61-4. Administration. 16 § 61-5. Areas of Applicability. 17 § 61-6. Use Regulations. 18 § 61-7. Allowable Development, Modifications, and Encroachments in RPAs. 19 § 61-8. Minimum Lot Size. 20 § 61-9. Interpretation of RPA Boundaries. 21 § 61-10. General Performance Standards for Development in Chesapeake Bay Preservation 22 Areas. 23 § 61-11. Watershed Management FundReserved. 24 § 61-12. Water Quality Impact Assessment. 25 § 61-13. Plan of Development Process in Chesapeake Bay Preservation Areas. 26 § 61-14. Nonconforming Uses and Structures. 27 § 61-15. Exemptions. 28 § 61-16. Exceptions. 29 § 61-17. Enforcement. 30 § 61-18. Penalties. 31 § 61-19. Severability. 32

33 § 61-1. Title 34 35

This chapter shall be known and referenced as the "Chesapeake Bay Preservation Ordinance" of Arlington 36 County. 37 (Ord. No. 03-1, 2-8-03) 38 39 § 61-2. Purpose and Intent 40 41 A. This chapter is enacted to implement the requirements of § 1062.1-210044.15:67 et seq., of the 42 Code of Virginia, the Chesapeake Bay Preservation Act., and the Chesapeake Bay Preservation Area Designation 43 and Management Rregulations (9VAC25-830-10 et seq.) The intent of the County Board and the purpose of the 44 Chesapeake Bay Preservation Area Overlay District created herein is to: 45 46 1. Protect existing high quality state waters; 47 48 2. Restore all other state waters to a condition or quality that will permit all reasonable public uses 49

and will support the propagation and growth of all aquatic life, which might reasonably be 50 expected to inhabit them; 51

52 3. Safeguard the waters of the Commonwealth from pollution; 53 54 4. Prevent any increase in pollution; 55 56

1



5. Maintain and improve riparian habitat; and, 57 58 6. Promote water resource conservation in order to provide for the health, safety, and welfare of the 59

citizens of Arlington County. 60 61

B. This overlay district shall be in addition to and shall overlay all zoning districts where they are 62 applied, so that any parcel of land lying in the Chesapeake Bay Preservation Area Overlay District shall also lie in 63 one (1) or more of the zoning districts provided for by the Zoning Ordinance. Unless otherwise stated in these 64 regulations, the review and approval procedures provided for in § 61-13 (Plan of Development) shall be followed in 65 reviewing and approving development and uses governed by this chapter. 66 (Ord. No. 03-1, 2-8-03) 67 68 § 61-3. Definitions 69 70

The following words and terms, when used in this chapter, have the following meanings unless the context 71 clearly indicates otherwise: 72

73 “Act” means the Chesapeake Bay Preservation Act, Article 2.5 found in Chapter 21 (§ 103.1-2100 (§ 61.1-74

44.15:67 et seq.) of Title 1062.1 of the Code of Virginia, as may be amended from time to time. 75 76 “Average land cover” means the average amount of impervious surfaces within a watershed, assumed to be 77

sixteen percent (16%) for the Chesapeake Bay watershed. 78 79 “ 80 "Best management practices” (BMP's) means a practice," or combination"BMP" means schedules of 81

activities, prohibitions of practices, that are determined by a state or designated area-wide planning agency,including 82 both structural and approved by the County Manager, to be the most effective, practical means of preventing or 83 reducing the amount of nonstructural practices, maintenance procedures, and other management practices to prevent 84 or reduce the pollution generated by nonpoint sources to a level compatible with water quality goalsof surface 85 waters and groundwater systems from the impacts of land-disturbing activities. 86

87 “Buffer” means an area managed to protect the components of a Resource Protection Area and state waters 88

from significant degradation due to land disturbances. 89 90 “"Clean Water Act” or “CWA" means the 1972 amendments tofederal Clean Water Act (33 U.S.C §1251 et 91

seq.), formerly referred to as the Federal Water Pollution Control Act and theor Federal Water QualityPollution 92 Control Act Amendments of 1987 and1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-93 576, Public Law 96-483, and Public Law 97-117, or any subsequent amendments to those Acts. revisions thereto. 94

95 “Code” or “Arlington County Code” means the Code of the County of Arlington County, Virginia, 96

including the Zoning Ordinance. 97 98 “Chesapeake Bay Preservation Area” (CBPA) means any land designated by the County Board pursuant to 99

§ 61-5 of this Chapter, Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 100 9 VAC 10-2025-830-et seq., and § 1062.1-210744.15:72 of the Code of Virginia. Chesapeake Bay Preservation 101 Areas shall consist of Resource Protection Areas and Resource Management Areas. 102

103 “Common plan of development or sale” means a contiguous area where separate and distinct construction 104

activities may be taking place at different times on different schedules. 105 106 “Construction footprint” means the area of all impervious surfaces, including but not limited to buildings, 107

roads and drives, parking areas, sidewalks, and the area necessary for construction of such improvements. 108 109 “County” means Arlington County, Virginia. 110 111 “County Board” means the County Board of Arlington County, Virginia. 112

2



113 “County Manager” means the County Manager for the County of Arlington or his or her designees. 114 115 “Department” means the Chesapeake Bay Local AssistanceArlington County Department or its successor 116

agencyof Environmental Services . 117 118 “"Development”" means land disturbance and the resulting landform associated with the construction, or 119

substantial alteration of residential, commercial, industrial, institutional, recreation, transportation, or utility facilities 120 or structures. Unless otherwise specified, the term development shall be taken to include both new development and 121 redevelopment, as defined herein or the clearing of land for non-agricultural or non-silvicultural purposes. 122

123 “Diameter at breast height” or “DBH” means the diameter of a tree measured outside the bark at a point 124

four and one-half (4.5) feet above the ground. 125 126 “Director” means the director of the Department of Environmental Services or his designee. 127 128 “Dripline” means a vertical projection to the ground surface from the furthest lateral extent of a tree or 129

shrub's canopy. 130 131

“Floodplain”"Erosion and Sediment Control Law" means all lands that would be included in “Zone A” as 132 defined in § 48-Article 2.4 (§ 62.1-44.15:5123 et seq.) of Chapter 3.1 of Title 62.1 of the Arlington County Code 133 and shown on the adopted floodplain map. 134

135 “Highly erodible soils” means soils (excluding vegetation) with an erodibility index (EI) from sheet and rill 136

erosion equal to or greater than eight (8), as defined by the U.S. Department of Agriculture - Natural Resource 137 Conservation Service. The erodibility index for any soil is defined by the Universal Soil Loss Equation formula 138 (RKLS/T), where K is the soil susceptibility to water erosion in the surface layer, R is the rainfall and runoff, LS is 139 the combined effects of slope length and steepness, and T is the soil loss tolerance. 140

141 “Highly permeable soils” means any soil having a permeability equal to or greater than six (6) inches of 142

water movement per hour in any part of the soil profile to a depth of seventy-two (72) inches (i.e., permeability 143 groups “rapid” and “very rapid”) as found in the “National Soil Survey Handbook” of November 1996 in the “Field 144 Office Technical Guide” of the U.S. Department of Agriculture - Natural Resources Soil Conservation Service. 145 Virginia. 146

147 “Impervious cover” or “impervious surface” means a surface composed of any material that significantly 148

impedes or prevents natural infiltration of water into the soil. Depending on the design, impervious surfaces may 149 include, but are not limited to: non-vegetated roofs, buildings, streets, parking areas, and any concrete, asphalt, or 150 compacted gravel or dirt surface without measurable permeability. For the purposes of this chapter, any impervious 151 cover removed from a site within the preceding two (2) years may be counted as impervious cover for the pre-152 development condition, if a valid demolition permit was obtained for the project or other documentation of the 153 removal acceptable to the County Manager is provided.. 154 155

“Intensely developed areas” means a portion of a Resource Protection Area or Resource Management Area 156 designated by the County Board and shown on the official map where little of the natural environment remains and 157 where development is currently concentrated. 158

159 “Land-disturbance” or “land-disturbing activity” means those activities which disturb land by grading of 160

soil, removing soil, filling over soil, altering structures such that soil is disturbed, dredging, paving or removing 161 pavement over soils, clearing, grubbing, or any other activity specifically included in this chapter as having the 162 potential for impacts to water quality, except that minor land-disturbing activities such as home gardens and 163 individual home landscaping, repairs and maintenance work shall not be considered land disturbance under this 164 chapter unless it involves the creation of impervious cover in the Resource Protection Area, the disturbance of more 165 than two thousand five hundred (2,500) square feet of land, or the removal of trees with a diameter of at least three 166 (3) inches in the RPA. 167

168

3


http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+62.1-44.15C51



“Landward” means any portion of the RPA buffer located more than fifty (50) feet from a waterbody or 169 other component of the RPA, as specified in § 61-5.B. 170

171 “Map” means the map adopted by the County Board that delineates the areas presumed to be Chesapeake 172

Bay Preservation Areas. 173 174 “New development” means the process of developing land that has not been previously developed by the 175

construction, or substantial alteration of residential, commercial, industrial, institutional, recreation, transportation, 176 or utility facilities or structures. 177

178 “Nonpoint source pollution” means pollution consisting of contaminants including, but not limited to, 179

sediment, nitrogen, phosphorus, hydrocarbons, heavy metals and other organic or toxic substances that are washed 180 from the land surface from diffuse sources by stormwater runoff from agricultural and urban land development and 181 use. 182

183 “Nontidal wetlands” means those wetlands other than tidal wetlands that are inundated or saturated by 184

surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do 185 support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. 186 Environmental Protection Agency pursuant to § 404 of the federal Clean Water Act, and in 33 C.F.R. Part 328.3b, as 187 each may be amended from time to time. 188

189 “Noxious vegetation” means invasive or otherwise harmful plants as may be determined by the County 190

ManagerDirector including, but not limited to, poison ivy, poison oak, poison sumac, Johnson grass, kudzu, 191 bamboo, English ivy, porcelain berry, and multiflora rose. 192

193 “Passive recreation” means recreational activities that are commonly unorganized and noncompetitive, 194

including, but not limited to, picnicking, bird watching, kite flying, bicycling, and walking. Site amenities for such 195 activities include, but are not limited to, picnic tables, photo stands, open play areas where substantial clearing is not 196 required, rest rooms, tot lots, boardwalks, paved paths, pathways, benches, and pedestrian bridges and appurtenant 197 structures. 198

199 “Plan of development” means the process for plan review and all required information submitted to the 200

County to ensure compliance with § 1062.1-210944.15:74 of the Code of Virginia and § 61-13 of this chapter, prior 201 to any clearing and grading of a site and the issuance of a building permit. 202

203 “Pollutant” means any substance that causes or contributes to, or may cause or contribute to, environmental 204

degradation when discharged into the environment. 205 206 “Pollutant load” means the amount of a particular pollutant delivered to a waterbody measured in units of 207

mass per unit time (e.g., pounds per year). 208 209 “Public road” means a publicly owned road, or a road designated for public use, that is designed and 210

constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the 211 Virginia Department of Transportation, including regulations promulgated pursuant to (i) the Erosion and Sediment 212 Control Law (§ 10.1-56062.2-44.15.51 et seq. of the Code of Virginia) and (ii) the Virginia Stormwater 213 Management Act (Section 1062.1-603.144.15:24 et seq. of the Code of Virginia). This definition includes those 214 roads where the Virginia Department of Transportation exercises direct supervision over the design or construction 215 activities, or both, and cases where roads are constructed or maintained, or both, by Arlington County in accordance 216 with the County's standards for road design and construction activities. 217

218 “Redevelopment” means the process of developing land that is or has been previously developed by the 219

construction, or substantial alteration of residential, commercial, industrial, institutional, recreation, transportation, 220 or utility facilities or structures. 221

222 “Resource Management AareaArea (RMA)” means that component of the Chesapeake Bay Preservation 223

Area that is not classified as the Resource Protection Area. 224

4



225 “Resource Protection Area (RPA)” means that component of the Chesapeake Bay Preservation Area as 226

defined in § 61-5.B of this chapter. 227 228 “Seaward” means that portion of the RPA buffer located within fifty (50) feet of a waterbody or other 229

component of the RPA, as specified in § 61-5.B. 230 231 “Substantial alteration” means expansion or modification of a building or development that would result in 232

a disturbance of any land within a resource protection area, or disturbance of any land exceeding an area of two 233 thousand five hundred (2,500) square feet within a resource management area. 234

235 "Stormwater management facility" means a control measure that controls stormwater runoff and changes 236

the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the 237 velocity of flow. 238

239 “Tree canopy” means the branches, leaves, or other foliage from woody vegetation exceeding five (5) feet 240

in height. The area of tree canopy may be measured by determining the area surrounding a tree located within the 241 dripline. 242

243 “Tidal shore” or “shore” means land contiguous to a tidal body of water between the mean low water level 244

and the mean high water level. 245 246 “Tidal wetlands” means vegetated and nonvegetated wetlands as defined in § 28.2-1300 of the Code of 247

Virginia, as may be amended from time to time. 248 249 “Use” means the purpose for which land or a building is arranged, designed or intended, or for which either 250

land or a building is or may be occupied or maintained. 251 252 "Virginia Stormwater Management Act" means Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 253

62.1 of the Code of Virginia. 254 255 “Water-dependent facility” or “water-dependent development” means the development of land or a facility 256

that cannot exist outside of a Resource Protection Area and must be located within a Resource Protection Area, 257 either in whole or in part, by reason of the intrinsic nature of its operation. These facilities include, but are not 258 limited to (i) ports; (ii) the intake and outfall structures of power plants, water treatment plants, sewage treatment 259 plants, and storm sewers; (iii) marinas and other boat docking structures; (iv) beaches and other public water-260 oriented recreation areas; (v) fisheries or other marine resources facilities; and (vi) water-oriented education 261 facilities. 262

263 “Watershed management fund” means a fund administered by the County for the purpose of reducing 264

nonpoint source pollution runoff through regional nonpoint source pollution control and stream restoration 265 programs, demonstration programs, and public education and outreach. 266

267 “Wetlands” means tidal and nontidal wetlands. 268 269 “Zoning Ordinance” means that part of the Arlington County Code called the “Zoning Ordinance.” 270

(Ord. No. 03-1, 2-8-03) 271 272 § 61-4. Administration 273 274

The County Manager shall be responsibleManager’s designee for the administration of this chapter andis 275 the Director of the Department of Environmental Services who is authorized to develop regulationsa guidance 276 manual to implement this chapter, as necessary. The County Board may establish a schedule of fees to implement 277 this chapter. 278 (Ord. No. 03-1, 2-8-03) 279 280

5





§ 61-5. Areas of Applicability 281 282 A. Resource Protection Areas shall consist of sensitive lands adjacent to water bodies with perennial 283 flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are 284 sensitive to impacts which may cause significant degradation to the quality of State waters. In their natural 285 condition, these lands provide for the removal, reduction, or assimilation of sediments, nutrients, and potentially 286 harmful or toxic substances in runoff entering the Bay and its tributaries, and minimize the adverse effects of human 287 activities on State waters and aquatic resources. 288 289 B. The Chesapeake Bay Preservation Area (CBPA) Overlay District shall apply to all lands identified 290 as the CBPA by the County Board and as shown on the adopted CBPA map. The adopted CBPA map, together with 291 all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter. 292 293 1. The Resource Protection Area (RPA) includes: 294 295 a. Tidal wetlands; 296 297 b. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water 298

bodies with perennial flow; 299 300 c. Tidal shores; 301 302 d. A buffer area not less than one hundred (100) feet in width located adjacent to and 303

landward of the components listed in subsections 61-5.B.1.a through c, and along both 304 sides of any water body with perennial flow. 305

306 e. Such other lands considered by the County Board to meet some or all of the criteria 307

described in § 61.5.A of this chapter and to be necessary to protect the quality of State 308 waters. 309

310 (1) Other lands to be included within the RPA mayshall include, but are not limited 311

to, natural stream channels and man-made open stream channels as depicted on 312 the most recent storm sewer map layer of the County's geographic information 313 system and including a buffer area not less than one hundred (100) feet in width 314 located adjacent to and landward of these lands. 315

316 (2) The buffer area described in subsections 61-5.B.1.d and 61-5.B.1.e.(1), shall be 317

expanded to include any contiguous steep slopes greater than or equal to twenty-318 five percent (25%) located adjacent to the landward boundary of the RPA 319 buffer. 320

321 (3) When necessary to protect the integrity of the RPA buffer, contiguous slopes 322

greater than or equal to fifteen percent (15%) located adjacent to the landward 323 boundary of the RPA buffer may also be designated by the County Board. 324

325 2. The Resource Management Area (RMA) includes all areas within the County not designated as an 326

RPA. Resource Management Areas include land types that, if improperly used or developed, have 327 a potential for causing significant water quality degradation or for diminishing the functional value 328 of the RPA. 329

330 C. The adopted CBPA map shows only the general location of the RPA and should be consulted by 331 persons contemplating activities within the County prior to engaging in development activities or modifications to 332 the RPA. Where RPA boundaries on the adopted CBPA map differ from boundaries as determined from the text of 333 this chapter, the text shall govern. The specific location of an RPA on a lot or parcel shall be delineated on each site 334 or parcel or subdivision plat as required under § 61-9 of this chapter through the review and approval of the plan of 335 development in accordance with § 61-13, or as required under § 61-12, through the review and approval of a water 336

6



quality impact assessment. 337 338 D. Portions of RPAs and RMAs may be designated by the County Board as Intensely Developed 339 Areas. Areas so designated shall comply with all erosion and sediment control requirements and the performance 340 standards in § 61-10 (performance standards). Intensely Developed Areas may include those areas of existing 341 development where little of the natural environment remains, provided at least one (1) of the following conditions 342 existed on May 16, 1992: 343 344 1. Development had severely altered the natural state of the area such that it had more than fifty 345

percent (50%) impervious surface; 346 347 2. Public sewer and water systems, or a constructed stormwater drainage system, or both, had 348

actually been constructed and served the area; 349 350 3. Housing density was equal to or greater than four (4) dwelling units per acre. 351 (Ord. No. 03-1, 2-8-03) 352 353 § 61-6. Use Regulations 354 355

Permitted uses, special exceptions, site plan requirements, proffered uses, accessory uses and special 356 requirements shall be as established by the Zoning Ordinance, unless specifically modified by the requirements set 357 forth herein. 358 (Ord. No. 03-1, 2-8-03) 359 360 § 61-7. Allowable Development, Modifications, and Encroachments in RPAs 361 362

The following uses are allowed within the RPA, subject to the conditions set forth below. and the 363 submission and review of a WQIA in accordance with § 61-12. All other uses, as may be permitted in this chapter, 364 are subject to additional requirements contained in § 61-14 (nonconforming uses and structures), § 61-15 365 (exemptions), and § 61-16 (exceptions). 366

367 A. Allowable development in RPAs. Land development in RPAs may be allowed only when permitted 368 by the County ManagerDirector and if it: (i) is water-dependent; or (ii) constitutes redevelopment; or (iii) constitutes 369 new development or redevelopment within a designated Intensely Developed Area; or (iv) is a road or driveway 370 crossing satisfying the conditions set forth in § 61-7.A.3 below; or (v) is a flood control or stormwater management 371 facility that satisfies the criteria in § 61-7.A.4. 372 373 1. A new or expanded water-dependent facility may be allowed provided that the following criteria 374

are met: 375 376 a. It does not conflict with the County's comprehensive plan; 377 378 b. It complies with the performance standards set forth in § 61-10 of this chapter; 379 380 c. Any nonwater-dependent component is located outside of the RPA; and, 381 382 d. Access to the water-dependent facility will be provided with the minimum disturbance 383

necessary. Where practicable, a single point of access will be provided. 384 385 2. Redevelopment outside of locally designated Intensely Developed Areas designated by the County 386

shall be permitted only if there is no increase in the amount of impervious cover within the RPA 387 and there is no further encroachment within the RPA and it shall conform to the requirements of 388 Chapter 57 - Erosion and Sediment Control requirements outlined under § 61-10.E. of this 389 chapterOrdinance and the stormwater management requirements outlined under § 61-10.F of this 390 chapter.Chapter 60 – Stormwater Management Ordinance.. Within an Intensely Developed Area, 391 an increase in impervious area in the RPA may be allowed only if there is no adverse impact on 392

7



water quality and suitable Bestthe requirements of Chapter 60 – Stormwater Management 393 Practices Ordinance –are incorporated in the approved plan of development so as to comply with 394 applicable provisions of § 61-10.F of this chaptermet, and any additional conditions required by 395 the County ManagerDirector. 396

397 3. Roads and driveways not exempt under § 61-15 may be constructed in or across RPAs if each of 398

the following conditions is met: 399 400 a. The County ManagerDirector makes a finding that there are no reasonable alternatives to 401

aligning the road or driveway in or across the RPA; 402 403 b. The alignment and design of the road or driveway are optimized, consistent with other 404

applicable requirements, to minimize encroachment in the RPA and minimize adverse 405 effects on water quality; 406

407 c. The design and construction of the road or driveway satisfy all applicable criteria of this 408

chapter; 409 410 d. The County ManagerDirector reviews the plan for the road or driveway proposed in or 411

across the RPA in coordination with the plan of development requirements as required 412 under § 61-13, or the proposed subdivision plan or plat. 413

414 4. Flood control and stormwater management facilities that drain or treat water from multiple 415

development projects or from a significant portion of a watershed may be allowed in RPAs, 416 provided that: 417

418 a. The County ManagerDirector has conclusively established that location of the facility 419

within the RPA is the optimum location; 420 421 b. The size of the facility is the minimum necessary to provide necessary flood control, 422

stormwater treatment, or both; 423 424 c. The facility shall be consistent with a stormwater management program that has been 425

approved by the Chesapeake Bay Local Assistance BoardVirginia Department of 426 Environmental Quality; 427

428 d. All applicable permits for construction in state or federal waters shall be obtained from 429

the appropriate state and federal agencies; 430 431 e. Approval shall be received from the County ManagerDirector prior to construction; and, 432 433 f. Routine maintenance is allowed to be performed on such facilities to assure that they 434

continue to function as designed. 435 436 A stormwater management facility that collects and treats runoff from an individual lot or some 437

portion of an individual lot shall not be located within a Resource Protection Area (RPA), unless 438 authorized by the Director. 439

440 B. Allowable Modifications to RPA Buffers. To minimize the adverse effects of human activities on 441 the other components of the RPA, state waters, and aquatic life, a buffer area at least one hundred (100) feet wide of 442 vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from 443 runoff shall be retained if present and established where it does not exist. Notwithstanding permitted uses, 444 encroachments, and vegetation clearing allowed in this chapter, the minimum one hundred (100) foot buffer area is 445 not reduced in width. 446 447

In order to maintain the functional value of the RPA buffer, existing trees and vegetation may be removed, 448

8



only as permitted by the County ManagerDirector, to provide for reasonable sight lines, access paths, general 449 woodlot management, and best management practices including those that prevent upland erosion and concentrated 450 flows of stormwater, as follows: 451

452 1. Trees may be pruned or removed from the RPA buffer as necessary to provide for sight lines and 453

vistas, provided that where removed, they shall be replaced with other vegetation that is equally 454 effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from 455 runoff. 456

457 2. Trees may be pruned or removed from the RPA buffer in an area no greater than five thousand 458

(5,000) square feet or twenty-five percent (25%) of the RPA buffer, whichever is less, for all sight 459 lines and vistas combined. The bounds of this area shall be determined in a manner acceptable to 460 the County ManagerDirector and are to be based on identified vantage points and the portion of 461 the landscape to be viewed. 462

463 3. Trees may not be removed where reasonable sight lines or vistas can be created by pruning trees 464

alone. No more than twenty-five (25%) of the trees six (6) inches or greater in diameter at breast 465 height (four and one-half (4.5) feet) may be removed from the areas designated for sight lines and 466 vistas. 467

468 4. A written request for a determination by the County ManagerDirector that the proposed removal 469

of vegetation from the RPA buffer is in accordance with the requirements of this chapter is 470 required. Such request shall include a plan showing the following: 471

472 a. The vantage points for the sight lines and vistas; 473 474 b. The portion of the landscape to be viewed; 475 476 c. The area in which trees are to be pruned or removed; 477 478 d. The location of all trees six (6) inches or greater in diameter at breast height (four and 479

one-half (4.5) feet) or as required by the County ManagerDirector; 480 481 e. The location of the trees to be removed or pruned; 482 483 f. The type of replacement vegetation proposed. 484 485 5. Trees may not be pruned or removed from the RPA buffer until a written determination is 486

obtained from the County ManagerDirector that the proposed activity is in accordance with the 487 requirements of this chapter. 488

489 6. Any path shall be constructed and surfaced so as to control erosion effectively. Paths serving 490

individual residential lots shall be no more than four (4) feet in width. 491 492 7. Noxious weedsvegetation and dead, diseased, or dying trees or shrubbery may be removed from 493

the RPA buffer at the discretion of the landowner provided that where removed, they shall be 494 replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and 495 filtering nonpoint source pollution from runoff. 496

497 8. For shoreline erosion control projects, trees and woody vegetation may be removed, necessary 498

control techniques employed, and appropriate vegetation established to protect or stabilize the 499 shoreline in accordance with applicable permit conditions or requirements. For shoreline erosion 500 control projects which propose the use of sea walls, rip-rap, groins or other structural means of 501 stabilization, it shall be demonstrated to the satisfaction of the County ManagerDirector that 502 vegetative techniques cannot be effectively utilized. 503

504

9



C. Allowable Encroachments into RPA Buffer 505 506 1. When the application of the RPA buffer would result in the loss of a reasonable buildable area on 507

a lot or parcel recorded prior to October 1, 1989, the County ManagerDirector may, through an 508 administrative process, permit encroachments into the RPA buffer in accordance with § 61-13 509 (plan of development) and the following criteria: 510

511 a. Encroachments into the RPA buffer shall be the minimum necessary to achieve a 512

reasonable buildable area for a principal structure and necessary utilities. For the purpose 513 of this section, reasonable buildable area shall mean that area reasonably necessary for a 514 principal structure and necessary utilities with compatible bulk and scale to those in the 515 surrounding neighborhood or area; 516

517 b. Where practicable, a vegetated area that will maximize water quality protection, mitigate 518

the effects of the RPA buffer encroachment, and is equal to the area of encroachment into 519 the RPA buffer shall be established elsewhere on the lot or parcel; and, 520

521 c. The encroachment shall not extend into the seaward fifty (50) feet of the RPA buffer 522

unless an exception has been approved as provided in § 61-16. 523 524 2. When the application of the RPA buffer would result in the loss of a buildable area on a lot or 525

parcel recorded between October 1, 1989 and March 1, 2002, the County ManagerDirector may 526 permit encroachments into the RPA buffer in accordance with § 61-13 (plan of development) and 527 the following criteria: 528

529 a. The lot or parcel was created as a result of a legal process conducted in conformity with 530

the subdivision regulations under Chapter 23 of the Arlington County Code; 531 532 b. Conditions or mitigation measures imposed through a previously approved exception 533

shall be met; 534 535 c. If the use of a best management practice (BMP) was previously required, the BMP shall 536

be evaluated to determine if it continues to function effectively and, if necessary, the 537 BMP shall be reestablished or repaired and maintained as required; and, 538

539 d. The criteria in § 61-7.C.1 shall be met. 540 541 D. A water quality impact assessment as outlined in § 61-12 of this chapter shall be required for any 542 proposed land disturbance, development, or modification within RPAs. 543 (Ord. No. 03-1, 2-8-03) 544 545 546 § 61-8. Minimum Lot Size 547 548

Lot size shall be subject to the requirements of the underlying zoning district(s), provided that any lot 549 subdivided after October 1, 1989, shall have sufficient area outside the RPA to accommodate an intended 550 development, in accordance with the performance standards in § 61-10, unless the development is otherwise allowed 551 in the RPA, in accordance with § 61-7. 552 (Ord. No. 03-1, 2-8-03) 553 554 § 61-9. Interpretation of RPA Boundaries. 555 556 A. Delineation of RPA boundaries on a plan of development or subdivision plat. The site-specific 557 boundaries and location of the RPA shall be determined by the applicant, surveyor, or engineer following guidelines 558 and procedures to be provided by the County, and shall be made part of the submittal, for review and approval by 559 the County, of a plan of development or subdivision plat showing the RPA delineation. The RPA delineation shown 560

10



on a plan of development or subdivision plat shall be subject to approval by the County ManagerDirector and in 561 accordance with § 61-8 (minimum lot size), § 61-13 (plan of development) and § 61-12 (water quality impact 562 assessment) of this chapter, if applicable. The adopted CBPA map may be used as a guide to the general location of 563 RPAs. 564 565 B. Where conflict arises over delineation. Where the applicant has provided a determination of the 566 RPA, the County ManagerDirector shall verify the accuracy of the boundary delineation. In determining the site-567 specific RPA boundary, the County ManagerDirector may render adjustments to the applicant's boundary 568 delineation, in accordance with § 61-13 (plan of development) of this chapter. In the event the adjusted boundary 569 delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of § 61-570 13.HF (denial/appeal of plan). 571 (Ord. No. 03-1, 2-8-03) 572 573 § 61-10. General Performance Standards for Development in Chesapeake Bay Preservation Areas 574 575

The following general performance standards shall apply to development in Chesapeake Bay Preservation 576 Areas, including development in both RPAs and RMAs. 577

578 A. Land disturbance shall be limited to the area reasonably necessary to provide for the proposed use 579 or development. 580 581 1. In accordance with an approved plan of development, the limits of clearing and grading shall be 582

strictly defined by the construction footprint. The County ManagerDirector shall review and 583 approve the construction footprint through the plan of development process. These limits shall be 584 clearly shown on submitted plans and physically marked on the development site. 585

586 2. Ingress and egress during construction shall be limited to one access point, unless otherwise 587

approved by the County ManagerDirector. 588 589 B. Existing vegetation and trees shall be preserved to the maximum extent practicable consistent with 590 the proposed use and development permitted and in accordance with the Virginia Erosion and Sediment Control 591 Handbook, current edition. 592 593 1. Existing trees over three (3) inches in diameter at breast height (DBH) shall be preserved outside 594

the approved construction footprint consistent with the preceding paragraph. Diseased trees or 595 trees weakened by age, storm, fire, or other injury may be removed, when approved by the County 596 ManagerDirector. 597

598 2. Site clearing for construction activities shall be allowed as approved by the County 599

ManagerDirector through the plan of development review process outlined under § 61-13 of this 600 chapter. 601

602 3. Prior to clearing and grading, suitable protective barriers consistent with the Arlington County's 603

Department of Environmental Services Construction Standards and Specifications, current edition, 604 and including safety fencing, signs, or such other material as may be required by the County 605 ManagerDirector, shall be erected to protect the critical root zone for any tree or stand of trees to 606 be preserved on the site, as well as to protect the critical root zone of trees on adjacent properties 607 that extend onto the site. 608

609 4. Exceptions may be granted to allow reasonable access to the site and work area, with specific 610

conditions to be established by the County Manager.Director. Protective barriers shall remain so 611 erected throughout all phases of construction. The storage of equipment, materials, debris, or fill 612 shall not be allowed within the area protected by the barrier. 613

614 C. All new development or redevelopment shall provide for the planting or retention of trees on the 615 site to the extent that, at a maturity of twenty (20) years, the minimum lot coverage of the tree canopy shall be as 616

11



specified below: 617 618 1. Minimum tree canopy requirements 619 620 a. Ten percent (10%) tree canopy for a site zoned business, commercial, or industrial; 621 622 b. Ten percent (10%) tree canopy for a residential site zoned twenty (20) or more units per 623

acre; 624 625 c. Fifteen percent (15%) tree canopy for a residential site zoned more than ten (10) but less 626

than twenty (20) units per acre; and, 627 628 d. Twenty percent (20%) tree canopy for a residential site zoned ten (10) units or less per 629

acre. 630 631 2. The County ManagerDirector may modify the tree canopy coverage requirements in this chapter 632

where necessary to preserve wetlands or where the strict application of the requirements would be 633 unnecessary, or an unreasonable hardship to the developer. 634

635 3. Dedicated school sites, playing fields, or other nonwooded public recreation areas, and other 636

facilities and uses of a similar nature are exempt from these tree canopy coverage requirements. 637 638 4. The County ManagerDirector may impose conditions on any request for a modification or 639

exception to the tree canopy coverage requirements that will assure that the results of the 640 modification or exception will be in accordance with the purpose and intent of this chapter. 641

642 5. The tree canopy coverage requirements in this section shall be subject to the enforcement 643

provisions of the Zoning Ordinance. 644 645 D. Land development shall minimize impervious cover consistent with the proposed use or 646 development. 647 648 E. Notwithstanding any other provisions of this chapter or exceptions or exemptions thereto, any land 649 disturbing activity exceeding two thousand five hundred (2,500) square feet, including construction of all single-650 family houses, shall comply with the requirements of Chapter 57 - Erosion and Sediment Control Ordinance. and 651 Chapter 60 – Stormwater Management Ordinance. 652 653 F. All development shall meet the following stormwater quality requirements: 654 655 1. Pollutant removal requirements. The pollutant removal requirements for all development shall be 656

determined according to subsections 61-10.F.1.a through 61-10.F.1.d. 657 658 a. If pre-development impervious cover is less than or equal to the average land cover 659

condition, defined for purposes of this chapter as the Chesapeake Bay watershed average 660 of sixteen percent (16%), and post-development impervious cover is less than or equal to 661 the average land cover condition, there are no pollutant removal requirements for the site. 662

663 b. If pre-development impervious cover is less than or equal to the average land cover 664

condition, and post-development impervious cover is greater than the average land cover 665 condition, the post-development pollutant load shall be reduced to the pollutant load 666 generated by the average land cover condition. 667

668 c. If pre-development impervious cover is greater than the average land cover condition, the 669

post-development pollutant load shall be reduced to ninety percent (90%) of the pre-670 development pollutant load or to the pollutant load generated by the average land cover 671 condition, whichever pollutant load reduction is smaller. 672

12



673 d. If pre-development impervious cover is served by an existing stormwater quality BMP, 674

the post-development pollutant load shall be reduced to the pre-development pollutant 675 load after treatment by the existing BMP. The existing BMP shall be shown to have been 676 designed and constructed in accordance with proper design standards and specifications, 677 and to be in proper functioning condition. 678

679 2. Compliance with pollutant removal requirements 680 681 a. Onsite stormwater treatment shall be provided for impervious surfaces on the 682

development site with which vehicles come into contact, including but not limited to 683 parking areas; streets and roadways except for public roads exempt under § 61-15; 684 loading docks; equipment, material, and waste storage areas; and vehicle fueling, 685 washing, storage, maintenance, and repair areas. 686

687 Onsite treatment of vehicle-related impervious cover is not required to exceed the total 688 pollutant removal requirements under § 61-10.F.1. 689 690

b. If onsite stormwater treatment required under § 61-10.F.2.a does not meet the total 691 pollutant removal requirements under § 61-10.F.1, full compliance with § 61-10.F.1 shall 692 be achieved by a combination of the following options, subject to approval by the County 693 Manager: 694

695 (1) Additional onsite stormwater treatment for roofs, plazas, and other areas of the 696

development site; 697 698 (2) Onsite stormwater treatment for offsite areas; or 699 700 (3) A contribution to the County's watershed management fund, as described in § 701

61-11. 702 703 3. Site design standards. All development shall incorporate site design standards recognized by the 704

County Manager as a means of minimizing impervious cover, stormwater runoff, and nonpoint 705 source pollution and protecting or improving indigenous vegetation and habitat. 706

707 4. Compliance with the pollutant removal, watershed management fund, and site design standards 708

requirements shall be determined using the administrative guidance and calculation procedures 709 provided by the County Manager. 710

711 G F. Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all 712 wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such 713 submitted to the County ManagerDirector, in accordance with § 61-13 (plan of development) of this chapter. 714 715 HG. On-site sewage disposal system requirements 716 717 1. All on-site sewage disposal systems not requiring a state or federal permit shall be pumped out at 718

least once every five (5) years. Pumping of systems and disposal of waste shall be in accordance 719 with the provisions of the Arlington County Health Code... Owners of on-site sewage treatment 720 systems shall submit to the County, every five (5) years, documentation certified by a sewage 721 handler permitted by the Virginia Department of Health that the septic system has either been 722 pumped out and disposed of in accordance with any applicable state or local laws or regulations, 723 or that the on-site sewage disposal system has been inspected and is functioning properly and does 724 not need to be pumped out. 725

726 2. For new development or redevelopment, each on-site sewage disposal system shall be provided 727

with a reserve sewage disposal site with a capacity at least equal to that of the primary sewage 728

13



disposal site for lots recorded after October 1, 1989. Buildings or the construction of any 729 impervious surface shall be prohibited on the area of all sewage disposal sites or on an on-site 730 sewage treatment system that operates under a permit issued by the State Water Control Board, 731 until the structure is served by public sewer. 732

(Ord. No. 03-1, 2-8-03) 733 734 § 61-11. Watershed Management Fund Reserved 735 736 A. The County Manager shall administer a dedicated fund known as the "watershed management 737 fund" to be used in conjunction with the County's watershed management plan to reduce nonpoint source pollution 738 and improve stream quality and habitat through programs which provide BMP retrofits, stabilize or restore stream 739 valleys and streams, educate the residents of the County on methods of reducing nonpoint source pollution runoff, 740 promote public awareness of the importance of stormwater quality, supplement County programs which provide 741 water quality protection, provide demonstration projects, or provide water quality monitoring or analysis. 742 743 B. The County Manager shall fund the watershed management fund from participation contributions 744 made by development projects, in accordance with § 61-10.F, and any additional funds the County Board may 745 authorize. The County Board shall establish a contribution rate that shall not exceed the typical cost of providing on-746 site stormwater quality treatment, and periodically adjust the rate to reflect inflation and changes in the cost of 747 designing, building, and maintaining stormwater treatment facilities. Expenditures from the watershed management 748 fund shall be used to provide regional stormwater management, stream restoration programs, demonstration 749 projects, and outreach and education programs that protect water quality. 750 751 C. The initial contribution rate for the watershed management fund is equal to two dollars and fifty 752 cents ($2.50) per square foot of impervious area mitigation required, as specified under § 61-10.F. of this chapter. 753 Such rate may be adjusted in the future by the County Board in accordance with § 61-11.B. and shall be hereafter set 754 forth in Chapter 22 of the Arlington County Code. 755 (Ord. No. 03-1, 2-8-03) 756 757 § 61-12. Water Quality Impact Assessment 758 759 A. Applicability. A water quality impact assessment shall be required for any proposed land 760 disturbance or development within an RPA, including development permitted under § 61-7.A or categorized as 761 exempt under § 61-15.C of this chapter, as well as any RPA buffer modification or encroachment, including 762 modifications or encroachments permitted under § 61-7.B or C of this chapter. A water quality impact assessment 763 shall also be required for any proposed land disturbance or development on contiguous steep slopes greater than or 764 equal to fifteen percent (15%) located adjacent to the landward boundary of the RPA buffer. A water quality impact 765 assessment may also be required for any proposed land disturbance or development in an RMA as regarded 766 appropriate by the County ManagerDirector due to the presence of wetlands, potential for harmful discharge of 767 contaminants from the property, or due to the unique site characteristics or intensity of the proposed use or 768 development and its potential impact on water quality. 769 770

At a minimum, aThe water quality impact assessment shall demonstrate that best management practices, 771 including but not limited to enhanced RPA buffer vegetation and/or onsite stormwater BMPsmanagement facilities 772 will retard runoff, prevent erosion, and result in pollutant reduction. In general, The requirements of Chapter 60 773 (Stormwater Management Ordinance) of the WQIAArlington County Code may not be sufficient to meet the 774 requirements of this Chapter. The water quality impact assessment shall also demonstrate that there is either a forty 775 percent (40%) reduction of pollutant loads from the post-development condition for sites with an RPA buffer that 776 consists primarily of natural vegetation (trees, shrubs, and ground cover), or there is a net reduction in pollutant 777 loads over the pre-development condition and a net improvement in RPA buffer vegetation and riparian habitat for 778 sites with an RPA buffer that contains impervious cover and/or little natural vegetation. Actual site requirements 779 will be determined during the review of the water quality impact assessment as well as by any other requirements 780 applicable to the site (e.g., pollutant removal requirements under § 61-10.F) under this chapter. 781

782 There shall be two (2) levels of water quality impact assessments: a minor assessment and a major 783

assessment. Information shall be provided using the forms and guidance provided by the County ManagerDirector. 784

14



785 B. Minor water quality impact assessment. A minor water quality impact assessment shall be 786 performed for any land disturbance or development that proposes to disturb up to five thousand (5,000) square feet 787 of land in the landward fifty (50) feet of the RPA buffer or proposes to modify or encroach into the landward fifty 788 (50) feet of the RPA buffer. A minor water quality impact assessment shall also be required for any proposed land 789 disturbance or development that proposes to disturb up to five thousand (5,000) square feet of land on contiguous 790 steep slopes greater than or equal to fifteen percent (15%) located adjacent to the landward boundary of the RPA 791 buffer. 792 793

A minor assessment shall include a site drawing to scale, which shows the following: 794 795

1. Location of the components of the RPA as defined in § 61-5.B.1 and required in § 61-13.B, 796 including the minimum one hundred (100) foot buffer area measured from the top of the 797 streambank and adjacent twenty-five percent (25%) slopes; the location of slopes greater than or 798 equal to fifteen percent (15%) located adjacent to the landward boundary of the RPA buffer shall 799 also be delineated; 800

801 2. Location and nature of the proposed encroachment into the RPA buffer, including the type of 802

paving material; areas of clearing or grading; location of any structures, drives, or other 803 impervious cover; and sewage disposal systems or reserve drainfield sites; 804

805 3. Estimation of pre- and post-development impervious surfaces on the site and stormwater 806

calculations required by the County ManagerDirector; 807 808 4. Type and location of proposed best management practices to mitigate the proposed encroachment 809

and the location of existing and proposed runoff outfalls or drainage pathways from the property; 810 811 5. Location of existing vegetation onsite, including the number and type of trees and other vegetation 812

to be removed in the RPA buffer to accommodate the encroachment or modification; 813 814 6. Re-vegetation or vegetation enhancement plan that supplements the existing RPA buffer 815

vegetation in a manner that provides for pollutant removal, erosion and runoff control. 816 817 C. Major water quality impact assessment. A major water quality impact assessment shall be 818 performed for any land disturbance or development that proposes to disturb more than five thousand (5,000) square 819 feet of land in the landward fifty (50) feet of the RPA buffer or proposes to disturb, modify, or encroach into any 820 portion of the seaward fifty (50) feet of the Resource Protection Area buffer, regardless of the size of the proposed 821 disturbance. A major water quality impact assessment shall also be required for any proposed land disturbance or 822 development that proposes to disturb more than five thousand (5,000) square feet of land on contiguous steep slopes 823 greater than or equal to fifteen percent (15%) located adjacent to the landward boundary of the RPA buffer. The 824 information required in this section shall be considered a minimum, unless the County ManagerDirector determines 825 that some of the elements are unnecessary due to the scope and nature of the proposed use and development. 826 827

The following elements shall be included in the preparation and submission of a major water quality impact 828 assessment. 829

830 1. All of the information required in a minor water quality impact assessment, as specified in § 61-831

12.B. 832 833 2. A hydrogeological element that: 834 835 a. Describes the existing topography, soils, hydrology and geology of the site and adjacent 836

lands. 837 838 b. Describes the impacts of the proposed development on topography, soils, hydrology and 839

geology on the site and adjacent lands. 840

15



841 c. Includes the following elements, if applicable: 842 843 (1) Disturbance or removal of wetlands and justification for such action; 844 845 (2) Changes or reductions in the supply of water to wetlands, streams, lakes, rivers 846

or other water bodies; 847 848 (3) Changes to the existing hydrology of the site and adjacent lands; 849 850 (4) Source, location, and description of proposed fill material; 851 852 (5) Location of dredging and location of dumping area for such dredged material; 853 854 (6) Percent of site to be cleared for the proposed project; 855 856 (7) Anticipated duration and phasing schedule of the proposed construction project; 857 858 (8) Listing of all requisite permits from all applicable agencies necessary to develop 859

the proposed project. 860 861 d. Describes the proposed mitigation measures for the potential hydrogeological impacts. 862

Potential mitigation measures may include, but are not limited to: 863 864 (1) Additional proposed erosion and sediment control concepts beyond those 865

normally required under § 61-10.E of this chapter; these additional concepts 866 may include the following: minimizing the extent of cleared area; perimeter 867 controls; reduction of runoff velocities; measures to stabilize disturbed areas; 868 schedule and personnel for site inspection; 869

870 (2) Proposed stormwater management system for nonpoint source quality and 871

quantity control. 872 873 3. A landscape conservation element that: 874 875 a. Identifies and delineates the location of all woody plant material on site, including shrubs 876

having a canopy greater than twenty-four (24) inches in diameter and all trees on site 877 three (3) inches or greater in diameter at breast height or, where there are groups of trees, 878 said stands may be outlined. 879

880 b. Describes the impacts the development or use will have on the existing vegetation. 881

Information shall include: 882 883 (1) General limits of land disturbance, based on all anticipated improvements, 884

including buildings, drives, and utilities; 885 886 (2) Clear delineation of all trees and other woody vegetation that will be removed. 887 888 c. Describes the proposed measures for mitigation, including a proposed design plan and 889

planting schedule for trees and other woody vegetation removed for construction, 890 including a list of proposed plants and trees to be used. Possible mitigation measures 891 include: 892

893 (1) The re-vegetation plan shall supplement the existing RPA buffer vegetation in a 894

manner that provides for pollutant removal, erosion and runoff control; 895 896

16



(2) The design of the plan shall preserve to the greatest extent possible any 897 significant trees and vegetation on the site and will provide maximum erosion 898 control and overland flow benefits from such vegetation; 899

900 (3) Indigenous plants shall be used unless otherwise approved by the County 901

ManagerDirector. 902 903 D. Water quality impact assessment submission and review requirements 904 905 1. Copies of all site drawings and other applicable information as required by subsections B and C 906

above shall be submitted to the County ManagerDirector for review. 907 908 2. A major or minor water quality impact assessment shall be prepared, as applicable, and submitted 909

to and reviewed by the County ManagerDirector in conjunction with § 61-13 (plan of 910 development) of this chapter. 911

912 3. All information required in this section shall be certified as complete and accurate by a 913

professional engineer or certified land surveyor, except that the landscape conservation element of 914 the assessment shall be certified as complete and accurate by a licensed arborist or landscape 915 architect. 916

917 E. Evaluation procedure. Upon the completed review of a water quality impact assessment, the 918 County ManagerDirector or the Chesapeake Bay Ordinance Review Committee (CBORC), in accordance with § 61-919 16, will determine whether the proposed modification or encroachment into the RPA buffer, if any, is consistent 920 with the provisions of this chapter and applicable regulations. 921 (Ord. No. 03-1, 2-8-03) 922 923 § 61-13. Plan of Development Process in Chesapeake Bay Preservation Areas 924 925

Any new development or redevelopment exceeding two thousand five hundred (2,500) square feet of land 926 disturbance in aggregate shall be accomplished through a plan of development process prior to any development 927 preparation activities onsite, including, but not limited to, clearing and grading of the site and the issuance of any 928 building or other applicable permit, to assure compliance with all applicable requirements of this chapter. 929

930 A. Required information. The plan of development process shall consistinclude submittal of the plans 931 and studies identified below. These required plans and studies may be coordinated or combined, as deemed 932 appropriate by the County Manager.Director. The County ManagerDirector may determine that some of the 933 following information is unnecessary due to the scope and nature of the proposed development. 934 935

The applicant shall submit the following plans or studies to the County ManagerDirector: 936 937

1. Copies of plans submitted to the Zoning Administrator to ensure compliance with the provisions 938 of the Zoning Ordinance; 939

940 2. A plan showing the RPA delineation, as defined in § 61-13.B; 941 942 3. A landscape conservation plan, as defined in § 61-13.C; 943 944 4. A stormwater management plan, as defined in § 61-13.D; 945 946 5. An erosion and sediment control plan in accordance with the provisions of Chapter 57 of the 947

Arlington County Code. 948 949 6 4. A water quality impact assessment, if applicable, in accordance with § 61-12. 950 951 75. Other studies requested by the County ManagerDirector reasonably required to ensure compliance 952

17



with this chapter. 953 954

In addition, the requirements of Chapters 57 and 60 of the Arlington County Code must be satisfied. 955 956 B. Plan showing RPA delineation. The applicant shall submit a plan showing the RPA delineation, if 957 any portion of the property is located within an RPA, in conjunction with any proposed land disturbance exceeding 958 two thousand five hundred (2,500) square feet. 959 960 1. The plan showing the RPA delineation shall be drawn to scale and clearly delineate all 961

environmental features, as defined in § 61-5.B.1, including any sensitive environmental features as 962 may be determined by the County ManagerDirector; 963

964 2. Wetlands delineation shall be performed consistent with the procedures specified in the most 965

current version of the Corps of Engineers Wetlands Delineation Manual, 1987, as may be revised 966 from time to time; 967

968 3. The plan showing the RPA delineation shall be drawn at the same scale as the preliminary site 969

plan unless otherwise requested by the County ManagerDirector, and shall be certified as complete 970 and accurate by a professional engineer or a certified land surveyor. The County ManagerDirector 971 may waive this requirement when the proposed use or development would result in less than five 972 thousand (5,000) square feet of disturbed area. 973

974 C. Landscape conservation plan. A landscape conservation plan shall be submitted in conjunction 975 with plan review and approval. No clearing or grading of any lot or parcel will be permitted without an approved 976 landscape conservation plan for any land disturbance exceeding two thousand five hundred (2,500) square feet. 977 Landscape conservation plans shall be prepared and/or certified by a landscape architect or arborist practicing within 978 their areas of competence as prescribed by the Code of Virginia. 979 980 1. Contents of the plan 981 982 a. The landscape conservation plan shall be drawn to scale and clearly delineate the 983

location, size, and description of existing and proposed plant material. All existing trees 984 on the site three (3) inches or greater diameter at breast height (DBH) shall be shown on 985 the plan, or where there are groups of trees, said stands may be outlined instead. The 986 specific number of trees three (3) inches or greater DBH to be preserved outside of the 987 building envelope shall be indicated on the plan. Trees and other woody vegetation 988 proposed to be removed to create the desired construction footprint shall be clearly 989 delineated on the plan. 990

991 b. The location of the critical root zone, as defined by the County's construction standards 992

and specifications, for any trees shown on the plan or located on adjacent properties 993 where the critical root zone extends onto the site, shall be delineated on the plan. 994

995 c. Any required RPA shall be clearly delineated and any plant material to be added to 996

establish or supplement the RPA buffer, as required under the authority of this chapter, 997 shall be shown on the plan. 998

999 d. Within the RPA buffer, trees and other woody vegetation to be removed for sight lines, 1000

vistas, access paths, and best management practices, as provided for in this chapter, shall 1001 be shown on the plan. Vegetation required by this chapter to replace any existing trees 1002 within the RPA buffer shall be also be depicted on the plan. 1003

1004 e. Trees and other woody vegetation to be removed for shoreline stabilization projects and 1005

any replacement vegetation required by this chapter shall be shown on the plan. 1006 1007 f. The plan shall depict grade changes or other work adjacent to trees that would affect 1008

18



them adversely. Specifications shall be provided showing how grade, drainage, and 1009 aeration will be maintained around trees to be preserved to ensure the protection of 1010 existing trees and other vegetation during clearing, grading, and all phases of 1011 construction. 1012

1013 2. Plant specifications 1014 1015 a. All plant materials necessary to supplement the RPA buffer or vegetated areas outside the 1016

construction footprint shall be installed according to the County's standard planting 1017 practices and procedures. 1018

1019 b. All supplementary or replacement plant materials shall be living and in a healthy 1020

condition. Plant materials shall conform to the standards of the most recent edition of the 1021 American Standard for Nursery Stock, published by the American Association of 1022 Nurserymen. 1023

1024 c. Where areas to be preserved, as designated on an approved landscape conservation plan, 1025

are encroached, the County ManagerDirector may require reasonable replacement of any 1026 trees damaged or destroyed in accordance with the County's current tree replacement 1027 policy, as adopted by the County ManagerDirector. 1028

1029 d. Native or indigenous species shall be used for all supplementary or replacement plant 1030

materials, unless otherwise approved by the County ManagerDirector. 1031 1032 D. Stormwater management plan. A stormwater management plan shall be submitted as part of the 1033 plan of development process required by this chapter. 1034 1035 1. Contents of the plan. The stormwater management plan shall contain maps, charts, graphs, tables, 1036

photographs, narrative descriptions, explanations, and citations to supporting references as 1037 appropriate to communicate the information required by this chapter. At a minimum, the 1038 stormwater management plan shall contain the following: 1039

1040 a. Pre- and post-development impervious cover and stormwater calculations required by the 1041

County Manager; 1042 1043 b. Location and design of all planned stormwater BMPs, including total area of impervious 1044

surface treated by each BMP and BMP treatment efficiencies; 1045 1046 c. Description and design of any non-structural stormwater control practices and techniques; 1047 1048 d. For stormwater management facilities, verification of performance and structural 1049

soundness, including a professional engineer certification; 1050 1051 e. Any worksheets or other documentation required by the County Manager. 1052 1053 2. Site specific facilities shall be designed, where required by the County Manager, to accommodate 1054

the future development of the contributing watershed based on zoning, comprehensive plans, local 1055 public facility master plans, or other similar planning documents. 1056

1057 3. All engineering calculations shall be performed in accordance with the procedures outlined in the 1058

current edition of the Virginia Stormwater Management Handbook or engineering manuals 1059 developed by designated area-wide planning agencies. 1060

1061 4. The plan shall establish a schedule for inspection and maintenance of stormwater management 1062

facilities that includes all maintenance requirements and persons responsible for performing 1063 maintenance. If the designated maintenance responsibility is with a party other than the County 1064

19



then a maintenance agreement shall be executed between the responsible party and the County. 1065 1066 E. Erosion and sediment control plan. An erosion and sediment control plan shall be submitted that 1067 satisfies the requirements of this chapter and in accordance with Chapter 57 (Erosion and Sediment Control 1068 Ordinance) of the Arlington County Code. 1069 1070 F 1071 1072 1073 1074 1075 1076 D. Other submittal requirements 1077 1078 1. Final plans for all lands within CBPAs shall include the following additional information: 1079 1080 a. All wetlands permits required by law; 1081 1082 b. A maintenance agreement as deemed necessary and appropriate by the County 1083

ManagerDirector to ensure proper maintenance of best management practices required by 1084 this Chapter in order to continue their function. 1085

1086 c. Plat or plan note stating that no land disturbance is allowed in the RPA buffer without 1087

review or approval by the County ManagerDirector. 1088 1089 2. Installation and bonding requirements 1090 1091 a. Where RPAs, landscaping, stormwaterbest management facilities or other 1092

specificationspractices are part of an approved plan are required, no certificate of 1093 occupancy shall be issued until the installation of required plant material or facilities is 1094 completed in accordance with the approved plan. 1095

1096 b. When the occupancy of a structure is desired prior to the completion of the required 1097

landscaping, including vegetated stormwater management facilities, or other 1098 specifications such as rain gardens, stormwater planters and green roofs, required by this 1099 chapter and part of an approved plan, a certificate of occupancy may be issued only if the 1100 applicant provides to the County ManagerDirector a form of surety satisfactory to the 1101 County ManagerDirector in an amount equal to the cost of any remaining plant materials, 1102 related materials, or installation costs of the required landscaping or facilities and/or 1103 maintenance costs for any required stormwater management facilities, under terms to be 1104 established by the County Manager. A certificate of occupancy may be issued if the 1105 County Manager determines that the cost of any uncompleted work is less than one 1106 thousand five hundred dollars ($1,500.00).Director. 1107

1108 c. All required landscaping, including vegetated stormwater management facilities such as 1109

rain gardens, stormwater planters and green roofs, required by this chapter shall be 1110 installed and approved by the first planting season following issuance of a certificate of 1111 occupancy or the surety may be forfeited to the County. 1112

1113 d. All required stormwater management facilities or other specifications shall be installed 1114

and approved within six (6) months of project initiation, as evidenced by issuance of the 1115 initial County building permit, this period being subject to extension for cause by the 1116 County Manager. Should the applicant fail, after proper written notice, to initiate, 1117 complete or maintain appropriate actions required by the approved plan, the surety may 1118 be forfeited to County. The County may collect from the applicant the amount by which 1119 the reasonable cost of required actions exceeds the amount of the surety held. 1120

20



1121 e d. The applicant shall submit a written request for final inspection after all required 1122

actions of the approved plan have been completed. If the requirements of the approved 1123 plan have been completed to the satisfaction of the County ManagerDirector, such 1124 unexpended or unobligated portion of the surety held shall be refunded to the applicant or 1125 terminated within sixty (60) days following receipt of the applicant's request for final 1126 inspection. The County ManagerDirector may require a certificate of substantial 1127 completion from a Professional Engineer, Landscape Architect, Certified Arborist, or 1128 Class III B Surveyor, as applicable, before making a final inspection. 1129

1130 GE. Administrative responsibility. The County ManagerDirector shall approve, approve subject to 1131 conditions, or disapprove the plans or subdivision plats in accordance with this chapter. The County 1132 ManagerDirector shall review and return the plan or plat review results to the applicant, including required 1133 conditions or modifications if the applicant wishes to proceed. If the applicant decides to proceed, the plan or plat 1134 shall be modified by the applicant to reflect any required conditions or modifications and submitted for approval. 1135 1136 HF. Denial of plan or subdivision plat, appeal of conditions or modifications. The applicant, when 1137 aggrieved by a decision of the County ManagerDirector in the enforcement of this chapter, may request a meeting 1138 with the County Manager to review the decision. Requests for the meeting shall be made no more than thirty (30) 1139 calendar days after the applicant has been notified of the County Manager'sDirector’s decision. The County 1140 Manager shall then preside at a meeting of the involved parties and then reconsider the decision. The meeting 1141 participants shall be notified by the County Manager within thirty (30) calendar days after the meeting of the result 1142 of the reconsideration. 1143 (Ord. No. 03-1, 2-8-03) 1144 1145 § 61-14. Nonconforming Uses and Structures 1146 1147 A. Any structure or nonagricultural use that was legally established in accordance with the provisions 1148 of the Arlington County Code and was in existence on the effective date ofCode including this chapter, May 16, 1149 1992, and made non-conforming by operation of this chapter, may continue and be maintained, but shall not be 1150 enlarged or expanded, unless such enlargement or expansion is approved pursuant to § 61-16 (exceptions) of this 1151 chapter and otherwise complies with applicable provisions of the Arlington County Code, or is otherwise allowed 1152 under § 61-14.C. 1153 1154 B. Nothing in this chapter shall prevent the reconstruction of such nonconforming structures 1155 destroyed or damaged by any casualty unless the reconstruction is otherwise restricted by the Zoning Ordinance or 1156 other portions of the Arlington County Code. Such reconstruction shall occur within two (2) years after the 1157 destruction or damage and there shall be no increase in the amount of impervious area and no further encroachment 1158 into the RPA, to the extent possible by sound engineering practices. 1159 1160 C. No change or expansion of nonconforming uses or structures in the RPA buffer shall be allowed 1161 except that: 1162 1163 1. The County ManagerDirector may approve exception requests to modify principal nonconforming 1164

structures on legal nonconforming lots or parcels, including the addition of decks, garages, and 1165 other customary and incidental structures attached to the principal structure, provided that: 1166

1167 a. The principal structure remains intact and the modification is compatible in bulk and 1168

scale to those in the surrounding neighborhood or area, as determined by the County 1169 Manager.Director. If these criteria are not met, the modification shall be subject to the 1170 exception request requirements for redevelopment under § 61-16.A. 1171

1172 b. There will be no net increase in nonpoint source pollution load; 1173 1174 c. Any development or land disturbance exceeding an area of two thousand five hundred 1175

(2,500) square feet complies with all erosion and sediment control 1176

21



requirementrequirements of this chapter. 1177 1178 d. The County ManagerDirector finds that the exception request complies with the 1179

provisions of § 61-16.C. 1180 1181 2. The County ManagerDirector may establish criteria to determine when the request shall become 1182

null and void, if granted and no substantial work has commenced. 1183 1184 3. Unless otherwise authorized by this chapter, requests to expand or change existing nonconforming 1185

uses or to construct or modify nonconforming, non-attached accessory structures in the RPA 1186 buffer shall only be approved by the Chesapeake Bay Ordinance Review Committee (CBORC) 1187 through the exceptions process in § 61-16.A of this chapter. 1188

(Ord. No. 03-1, 2-8-03) 1189 1190 § 61-15. Exemptions 1191 1192 A. Exemptions for public utilities, railroads, public roads, and facilities. Construction, installation, 1193 operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and 1194 public roads (built separately from development projects regulated under § 61-13) and their appurtenant structures in 1195 accordance with (i) regulations promulgated pursuant to the Erosion and Sediment Control Law (§ 1062.1-1196 56044.15:51 et seq. of the Code of Virginia) and the Stormwater Management Act (§ 1062.1-603.1 et44.15:24et seq. 1197 of the Code of Virginia), (ii) an erosion and sediment control plan and a stormwater management plan approved by 1198 the Virginia Department of Conservation and RecreationEnvironmental Quality, or (iii) local water quality 1199 protection criteria at least as stringent as the above state requirements are deemed to comply with this chapter. Any 1200 road alignment and design shall be optimized, consistent with all applicable requirements, to prevent or otherwise 1201 minimize the encroachment in the RPA buffer and to minimize adverse effects on water quality. 1202 1203 B. Exemptions for local utilities and other service lines. Construction, installation, and maintenance 1204 of water, sewer, natural gas, underground telecommunications and cable television lines owned or permitted by 1205 Arlington County or a service authority shall be exempt from the requirements of this chapter provided that: 1206 1207 1. To the degree possible, the location of such utilities and facilities shall be outside RPAs; 1208 1209 2. No more land shall be disturbed than is necessary to provide for the proposed utility installation; 1210 1211 3. All such construction, installation, and maintenance of such utilities and facilities shall be in 1212

compliance with all applicable state and federal requirements and permits and designed and 1213 conducted in a manner that protects water quality; and, 1214

1215 4. Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet 1216

complies with all Arlington County erosion and sediment control requirements. 1217 1218 C. Exemptions in RPAs. The following land disturbances in RPAs may be exempt from the 1219 requirements of this chapter provided that they comply with the requirements listed in subdivisions 1 through 3 1220 below: (i) water wells; (ii) passive recreation facilities and associated amenities such as boardwalks, trails, and 1221 pathways, including nature trails operated by government agencies, and trails and bikepaths that provide a link to a 1222 planned County trail system or have been recognized by the County ManagerDirector as an integral portion of a 1223 public trail network; (iii) conservation or preservation of soil, water, vegetation, fish, and other wildlife; and (iv) 1224 historic preservation and archaeological activities. The applicant shall demonstrate to the satisfaction of the County 1225 ManagerDirector that: 1226 1227 1. Any required permits, except those to which this exemption specifically applies, shall have been 1228

issued; 1229 1230 2. Sufficient and reasonable proof is submitted that the intended use will not deteriorate water 1231

quality; and, 1232

22



1233 3. Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall 1234

comply with all Arlington County Code Chapters 57 (Erosion and Sediment Control 1235 requirements.Ordinance) and 60 (Stormwater Management Ordinance).. 1236

(Ord. No. 03-1, 2-8-03) 1237 1238 § 61-16. Exceptions 1239 1240 A. Exception requests submitted to the Chesapeake Bay Ordinance Review Committee 1241 1242 1. A request for an exception to the requirements of § 61-7.A and § 61-7.B (allowable development, 1243

modifications and encroachments in RPAs) of this chapter, or an exception request to modify 1244 nonconforming, non-attached accessory structures and uses in the RPA buffer under § 61-14.C.3, 1245 shall be made in writing to the Chesapeake Bay Ordinance Review Committee (CBORC), which 1246 is to be appointed by the County Manager. CBORC shall hold a public hearing on any such 1247 requests prior to approving or denying the exception. 1248

1249 2. CBORC shall consist of an odd number of members, including at least five (5), but not more than 1250

nine (9), individuals. Members shall be appointed to serve staggered terms of service, not to 1251 exceed four (4) years. Members may be appointed from County staff, residents of Arlington 1252 County, or persons doing business in Arlington, provided that all members shall be knowledgeable 1253 in County development policies and/or Chesapeake Bay Preservation Ordinance policies, and 1254 provided further that no more than three (3) staff members shall serve on the Committee at any 1255 time. 1256

1257 B. Exception requests submitted to the County Manager.Director. A request for an exception to the 1258 requirements of this chapter shall be made in writing to the County ManagerDirector in the following cases: 1259 1260 1. Exception requests for provisions other than § 61-7.A and § 61-7.B (allowable development, 1261

modifications and encroachments in RPAs);of this chapter; 1262 1263 2. Exception requests to modify principal nonconforming structures on legal nonconforming lots or 1264

parcels in the RPA buffer, as may be approved by the County ManagerDirector under § 61-14.C.1. 1265 1266 C. CBORC or the County ManagerDirector, as appropriate, shall review the exception request, 1267 including the water quality impact assessment, if applicable, and may grant the exception with such conditions and 1268 safeguards as are deemed necessary to further the purpose and intent of this chapter, if CBORC or the County 1269 ManagerDirector find: 1270 1271 1. The requested exception to the criteria is the minimum necessary to afford relief; 1272 1273 2. Granting the exception will not confer upon the applicant any special privileges that are denied by 1274

this chapter to other property owners who are subject to its provisions and who are similarly 1275 situated; 1276

1277 3. The exception is in harmony with the purpose and intent of this chapter and is not of substantial 1278

detriment to water quality; 1279 1280 4. The exception request is not based upon conditions or circumstances that are self-created or self-1281

imposed; 1282 1283 5. Reasonable and appropriate conditions are imposed, as warranted, that will prevent the allowed 1284

activity from causing a degradation of water quality; and, 1285 1286 6. Other findings, as appropriate and required by CBORC or the County ManagerDirector. 1287 1288

23



D. Public notification. For exception requests submitted to CBORC under § 61-16.A, the applicant 1289 shall notify the affected public as set forth below: 1290 1291 1. Applicants submitting exception requests, waiver requests or water quality impact assessment 1292

review requests under this chapter shall be required to provide notice to all persons owning 1293 property abutting or immediately across the street from the parcel, who are identified as the 1294 owners of record in the County Tax Records. The local Civic Association president and the 1295 Neighborhood Conservation Advisory Committee representatives that are on file with the County 1296 Board Office shall also be notified by the applicant. If a County designated historic district or 1297 landmark is situated on, abuts or is immediately across the street from the parcel affected by the 1298 request, the applicant shall also give notice to the Historic Affairs and Landmark Review Board 1299 Chairman. 1300

1301 2. The notices shall be sent by mail certified, return receipt requested by the applicant and at their 1302

expense. The notices shall use the form prescribed by the County. The return receipts or copies 1303 shall be given to the County ManagerDirector and become part of the documentation for the 1304 exception request. CBORC shall not hold a public hearing on any request for at least ten (10) 1305 working days from the last date as shown in the signed and dated return receipts provided to the 1306 applicant by the U.S. Postal Service, except where the County ManagerDirector determines an 1307 emergency situation requires an immediate response. The applicant shall ensure that a copy of the 1308 request is readily available for public review during the ten (10) working day period and shall note 1309 the location of the copy in the request filed with the County ManagerDirector. 1310

1311 E. If CBORC or the County ManagerDirector cannot make the required findings or refuse to grant 1312 the exception, CBORC or the County ManagerDirector shall return the request for an exception together with the 1313 water quality impact assessment and the written findings and rationale for the decision to the applicant. 1314 1315 F. Any person aggrieved by a decision of CBORC or the County ManagerDirector in the 1316 enforcement of this chapter may request a meeting with the County Manager and a representative of CBORC, if the 1317 exception request was submitted to CBORC, to review the decision. Requests for the meeting shall be made no more 1318 than thirty (30) days after the decision has been made. The County Manager and a representative of CBORC, if the 1319 exception request was submitted to CBORC, shall then preside at a meeting of the involved parties and then 1320 reconsider the decision. The County Manager shall notify the meeting participants within thirty (30) days of the 1321 result of the reconsideration. 1322 (Ord. No. 03-1, 2-8-03) 1323 1324 § 61-17. Enforcement 1325 1326

The County Manager, on behalf of the County Board, may seek injunctive relief to enjoin a violation or a 1327 threatened violation of any provision of this chapter. 1328 (Ord. No. 03-1, 2-8-03) 1329 1330 § 61-18. Penalties 1331 1332 A. General provisions 1333 1334 1. Any building erected or improvements constructed contrary to any of the provisions of this 1335

chapter and any land disturbing activity regardless of area contrary to any of the provisions of this 1336 chapter and any removal of vegetation in Chesapeake Bay Preservation Areas contrary to any of 1337 the provisions of this chapter shall be and the same is hereby declared to be unlawful. 1338

1339 2. Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of 1340

the provisions of this chapter, or permits any such violation, or fails to comply with any of the 1341 requirements hereof, or who erects any building or uses any building or land in violation of the 1342 provisions of this chapter shall be subject to the enforcement provisions of this chapter. 1343

1344

24



3. Upon becoming aware of any violation of any provisions of this chapter, the County 1345 ManagerDirector may serve a notice of violation on the property owner, the person committing or 1346 permitting the same either in person or by registered or certified mail to the property or the 1347 owner's address. Such notice shall specify the provisions of the chapter which have been violated, 1348 the measures needed to remedy the violation, and a reasonable time in which to remedy the 1349 violations. Failure to take steps to comply with such notice within the time provided for shall 1350 constitute a separate violation of this chapter. 1351

1352 4. Restoration of Chesapeake Bay Preservation Areas shall be performed as necessary to meet the 1353

intent of this chapter. In addition to the plantings required by § 61-10.C, the County 1354 ManagerDirector may require that trees illegally removed from Chesapeake Bay Preservation 1355 Areas be replaced by other trees of the same or comparable species of equal value. The value of 1356 the replacement trees shall not exceed the value of those illegally removed as determined by the 1357 formula in the latest revision of the Guide for Plant Appraisal prepared by the Council of Tree and 1358 Landscape Appraisers and published by the International Society of Arboriculture. as determined 1359 by the Arlington County Tree Replacement Guidelines. 1360

1361 5. The County ManagerDirector may require the submission of a water quality impact assessment 1362

(WQIA) in accordance with the provisions of § 61-12 as a condition for remedying a violation. In 1363 addition to the components of the WQIA listed in § 61-12.C, the WQIA shall include a restoration 1364 plan acceptable to the County ManagerDirector for any removal of vegetation from Chesapeake 1365 Bay Preservation Areas which does not comply with the provisions of this chapter. 1366

1367 B. Criminal violationsCivil charges and penalties 1368 1369 1. Violation of this chapter shall constitute a Class 1 misdemeanor punishable by a fine of up to two 1370

thousand five hundred dollars ($2,500.00) for each offense. Each separate act on the part of the 1371 person violating the chapter shall be deemed a separate offense, and each day a violation is 1372 permitted to continue unabated shall be deemed to constitute a separate offense. 1373

1374 2. In addition to any criminal penalties provided under this chapter, any person who violates any 1375

provision of this chapter may be liable to the County in a civil action for damages, or for 1376 injunctive relief. 1377

1378 C. Civil penalties 1379 1380 1. With the consent of any person who: (i) violates any provision of any local ordinance related to 1381

the protection of water quality in Chesapeake Bay Preservation Areas or (ii) violates or fails, 1382 neglects, or refuses to obey any Arlington County notice, order, rule, regulation, or variance or 1383 permit condition authorized under such ordinance, Arlington County may provide for the issuance 1384 of an order against such person for the one (1) time payment of civil charges for each violation in 1385 specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil 1386 charges shall be paid into the WatershedStormwater Management Fund established by § 61-11 of 1387 this Chapter in the Treasury of Arlington County for the purpose of abating environmental damage 1388 to or restoring Chesapeake Bay Preservation Areas, except that where the violator is the County 1389 itself or its agent, the civil charges shall be paid into the State Treasury. Civil charges shall be in 1390 lieu of any appropriate civil penalty that could be imposed under subsection C.2 of this section. 1391 Civil charges may be in addition to the cost of any restoration required or ordered by the local 1392 governmental body or officialDirector. 1393

1394 2. Any person who (i) violates this chapter or (ii) violates or fails, neglects, or refuses to obey any 1395

Arlington County final notice, order, rule, regulation, or variance or permit condition authorized 1396 under this chapter shall, upon such finding by an appropriate circuit court, be assessed a civil 1397 penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. Such civil 1398 penalties may, at the discretion of the court assessing them, be directed to be paid into the 1399 watershed management fund established by § 61-11 of this chapterStormwater Management Fund 1400

25



in the Treasury of Arlington County for the purpose of abating environmental damage to or 1401 restoring Chesapeake Bay Preservation Areas, in such a manner as the court may direct by order 1402 except that where the violator is the County itself or its agent, the court shall direct the penalty to 1403 be paid into the State Treasury. 1404

(Ord. No. 03-1, 2-8-03) 1405 1406 § 61-19. Severability 1407 1408

It is the intention of the County Board that the phrases, clauses, sections, paragraphs, and sentences of this 1409 chapter are severable, and if any phrase, clause, section, paragraph or sentenceIf any provision of this chapter shall 1410 be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such 1411 unconstitutionality or invaliditydeclaration shall not affect any of, impair, or invalidate the remaining phrases, 1412 clauses, sentences, paragraphs and sectionsprovisions of this chapter. 1413 (Ord. No. 03-1, 2-8-03) 1414

26


ATTACHMENT D


ARLINGTON COUNTY CODE EROSION AND SEDIMENT CONTROL

1 2

ARLINGTON COUNTY CODE 3 4

Chapter 57 5 6

EROSION AND SEDIMENT CONTROL* 7 __________ 8 * Editor’s Note: Ord. No. 08-01, adopted January 26, 2008, amended Ch. 57, in its entirety, to read as 9 herein set out. 10 __________ 11 12 13

§ 57-1. Title. 14 § 57-2. Purpose. 15 § 57-3. Authorization. 16 § 57-4. Definitions. 17 § 57-5. Local Erosion and Sediment Control Program. 18 § 57-6. Regulated Land-Disturbing Activities. 19 § 57-7. Action on Erosion and Sediment Control Plans Prior to Land-Disturbing Activity. 20 § 57-8. Issuance of Land-Disturbing Permit and Fees. 21 § 57-9. Monitoring, Reports and Inspections. 22 § 57-9.1. Adherence to Approved Plans and Specifications. 23 § 57-10. Administrative Appeal; Judicial Review. 24 § 57-11. Penalties, Injunctions, and Other Legal Actions. 25 § 57-12. Severability. 26 § 57-13. Conflict of Chapter. 27

28 § 57-1. Title. 29 30

This chapter shall be known as the "Erosion and Sediment Control Chapter of Arlington County, Virginia." 31 (6-27-76; Ord. No. 08-01, 1-26-08) 32 33 § 57-2. Purpose. 34 35

The purpose of this chapter is to conserve the land, water, air and other natural resources of Arlington 36 County and promote the public health and welfare of the people in Arlington County by establishing requirements 37 for the control of erosion and sedimentation, and by establishing procedures whereby these requirements shall be 38 administered and enforced. 39 (6-27-76; Ord. No. 08-01, 1-26-08) 40 41 § 57-3. Authorization. 42 43

This chapter is authorized by the Code of Virginia, Title 10.162.1, Chapter 3.15, Article 15:51 et seq.4, 44 known as the "Erosion and Sediment Control Law." This article provides for a comprehensive statewide program 45 with standards and guidelines to control soil erosion and sedimentation which is implemented on the local level. 46 (6-27-76; Ord. No. 92-16, 5-1-92; Ord. No. 08-01, 1-26-08) 47 48 § 57-4. Definitions. 49 50

The following words and terms, when used in this chapter, shall have the following meanings unless the 51 context clearly indicates otherwise: 52

53 “Administrator” means the County Manager or his designee. 54 55 “Agreement in lieu of plan” means a contract between the plan approving authority and the owner that 56

1



specifies conservation measures that must be implemented in the construction of or addition to a single-family 57 residence; this contract may be executed by the plan-approving authority in lieu of a formal site plan. 58 59 “Applicant” means any person submitting an erosion and sediment control plan for approval or requesting 60 the issuance of a permit, when required, authorizing land-disturbing activities to commence. 61 62 “Common plan of development or sale” means a contiguous area where separate and distinct construction 63 activities may be taking place at different times on different schedules. 64 65 “County Manager” means the County Manager of Arlington County or his or her designee or authorized 66 agent or representative. 67 68 69 “Conservation plan, eErosion, and sediment control plan” or “plan” means a document containing material 70 for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps 71 and appropriate soil and water plan inventory and management information with needed interpretations and a record 72 of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to assure 73 that entire unit or units of land will be treated so as to achieve the conservation objectives. 74 75 “Conservation standards” or “standards” means the criteria, guidelines, techniques, and methods for the 76 control of erosion and sedimentation. 77 78 79 “Governing body” means the County Board of Arlington County. 80 81 “Land-disturbing activity” means any man-made change to the land surface land change which may result 82 in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the state, 83 including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall 84 not include: 85 86 (1) Individual service connections; 87 88

(2) Installation, maintenance, or repair of any underground public utility lines when such activity 89 occurs on an existing hard-surfaced road, street, or sidewalk provided such land-disturbing activity 90 is confined to the area of the road, street, or sidewalk provided such land-disturbing activity is 91 confined to the area of the road, street, or sidewalk which is hard-surfaced; 92

93 (3) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity 94

relating to construction of the building to be served by the septic tank system; 95 96 (4) Surface or deep mining; 97 98 (5) Exploration or drilling for oil and gas including well-site, roads, feeder lines and off-site disposal 99

areas; 100 101 (6) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or 102

poles; 103 104

(7) Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are 105 within the regulatory authority of and approved by local wetland boards, the Marine Resources 106 Commission or the United States Army Corps of Engineers; however, any associated land that is 107 disturbed outside of this exempted area shall remain subject to this article and the regulations 108 adopted pursuant thereto; 109

110 (8) Such minor land-disturbing activities as home gardens and individual landscaping, repairs, and 111

maintenance work of areas which are less than two thousand five hundred (2,500) square feet and 112

2



for which no building permit is required; 113 114

(9) Emergency work to protect life, limb, or property, and emergency repairs; provided that if the 115 land-disturbing activity would have required an approved erosion and sediment control plan, if the 116 activity were not an emergency, then the land area disturbed shall be shaped and stabilized in 117 accordance with the requirement of the local plan approving authority or the commission when 118 applicableerosion and sediment control program; 119

120 (10) Livestock feed lot operations, tilling, planting, or harvesting of agricultural, horticultural, forestry, 121

or forest crops, including engineering operations as follows: construction of terraces, terrace 122 outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, 123 contour cultivating, contour furrowing, to reforest or convert to bona fide agriculture or improved 124 pasture use, land drainage and land irrigation; 125

126 (11) Repair or rebuilding of tracks, right-of-ways, bridges, communication facilities, and other related 127

structures and facilities of a railroad company; 128 129

(12) Preparation for single-family residences separately built where the disturbed site area is less than 130 two thousand five hundred (2,500) square feet in size, unless in conjunction with multiple 131 construction in subdivision developmenta common plan of development or sale; 132

133 (13) Disturbed land areas for commercial or noncommercial uses of less than two thousand five 134

hundred (2,500) square feet in size, unless in conjunction with a common plan of development or 135 sale; 136

137 (14) Agricultural engineering operations including, but not limited to, the construction of terraces, 138

terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the 139 provisions of the Dam Safety Act, Article 2 (§ 10.1-604 et seq.) of Chapter 6 of the Code of 140 Virginia, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land 141 drainage and land irrigation. 142

143 “Land-disturbing permit” means a permit issued by Arlington County for any land-disturbing activity that 144 requires the submission and review of an approved conservation plan by the plan approving authority under the 145 provisions of this chapter. 146 147 “Local erosion and sediment control program” or “local control program” means an outline of the various 148 methods employed by a localityArlington County to regulate land-disturbing activities and thereby minimize 149 erosion and sedimentation in compliance with the state program and including, without limitation, such items as 150 local ordinances, policies, and guidelines, technical materials, inspection, enforcement, and evaluation. 151 152 “Natural channel design concepts” means the utilization of engineering analysis and fluvial geomorphic 153 processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or 154 recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its 155 bankfull bench and its floodplain. 156 157 “Owner” means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or 158 vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm or corporation in 159 control of a property. 160 161 “Peak flow rate” means the maximum instantaneous flow from a given storm condition at a particular 162 location. 163 164 “Permittee” means the person to whom the local permit authorizing land-disturbing activities is issued or 165 the person who certifies that the approved erosion and sediment control program will be followed. 166 167 “Person” means any individual, partnership, firm, association, joint venture, public or private corporation, 168

3



trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other 169 political subdivision of this state, any interstate body, or any other legal entity. 170 171 “Plan approving authority” means the Arlington County Department of Environmental Services which is 172 responsible for determining the adequacy of a conservation plan submitted for land-disturbing activities on a unit or 173 units of land and which shall approve such plan if the plan is determined to be adequate and which is responsible for 174 inspecting land-disturbing activity to ensure compliance with the approved plan. 175 176 “Runoff volume” means the volume of water that runs off the land development project from a prescribed 177 storm event. 178 179 180 “Standards” means the criteria, guidelines, techniques, and methods for the control of erosion and 181 sedimentation. 182 183 “State erosion and sediment control program” or “state program” means the program adopted by the 184 Commission Commonwealth of Virginia consisting of conservation standards, guidelines, and criteria to minimize 185 erosion and sedimentation. 186 187 “State waters” means all waters on the surface and under the ground wholly or partially within or bordering 188 the Commonwealth of Virginia or within its jurisdiction. 189 190 “Subdivision” shall have the meaning in the definition provided in Chapter 23, Subdivisions, of the Code of 191 Arlington County, Virginia. 192 193 “Water quality volume” means the volume equal to the first one-half (1/2) inch of runoff multiplied by the 194 impervious surface of the land development project. 195 (6-27-76; 7-30-77; Ord. No. 82-11, 4-25-82; Ord. No. 92-16, 5-1-92; Ord. No. 94-17, 6-4-94; Ord. No. 98-25, 10-196 17-99; Ord. No. 04-25, 10-2-04; Ord. No. 08-01, 1-26-08) 197 198 § 57-5. Local Erosion and Sediment Control Program. 199 200 A. This chapter and the current edition of the "Virginia Erosion and Sediment Control Handbook" 201 shall be an integral part of the Arlington County erosion and sediment control program and shall comprise the 202 Arlington County Erosion and Sediment Control Handbook. 203 204 B. The Arlington County Board hereby adopts the Virginia Erosion and Sediment Control 205 Regulations (Section 4VAC50-30, as amended) for cControlling eErosion and sSediment from land-disturbing 206 activities as setting the minimum requirements for controlling erosion and sedimentation from land-disturbing 207 activities. In addition to these minimum requirements, the relevant requirements of the Stormwater Management 208 Ordinance Water Detention Ordinance, Chapter 60 of the Code of Arlington County, Virginia, also apply. 209 210 C. In accordance with § 10.1-56162.1-44.15:52 of the Code of Virginia, and as an alternative to the 211 requirements of the most recent version of Minimum Standard 19 contained in the Virginia Erosion and Sediment 212 Control Regulations, any land-disturbing activity that provides for stormwater management intended to address any 213 flow rate capacity and velocity requirements for natural or manmade channels shall satisfy the flow rate capacity and 214 velocity requirements for natural or manmade channels if the practices are designed to (i) detain the water quality 215 volume and to release it over forty-eight (48) hours; (ii) detain and release over a twenty-four (24) hour period the 216 expected rainfall resulting from the one (1) year, twenty-four (24) hour storm; and (iii) reduce the allowable peak 217 flow rate resulting from the one and one-half (1.5), two (2), and ten (10) year, twenty-four (24) hour storms to a 218 level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, 219 achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff 220 volume from the site when it was in a good forested condition divided by the runoff volume from the site in its 221 proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or 222 manmade channels as defined herein or other County regulation. For plans approved on or after July 1, 2014, the 223 flow requirements of this subsection shall be satisfied by compliance with water quantity requirements in the 224

4



Stormwater Management Act (§ 62.1-44.15:24 et seq.) and attendant regulations, unless such land-disturbing 225 activities are in accordance with the grandfathering provisions of the Virginia Stormwater Management Program 226 (VSMP) Program. 227 228 D. The "Virginia Erosion and Sediment Control Handbook," current edition, shall be used by an 229 applicant making a submittal under the provisions of this chapter in preparing the erosion and sediment control plan. 230 The plan approving authority, in considering the adequacy of such submitted plan, shall be guided by the same 231 guidelines and standards. 232 233 E. In accordance with § 10.1-56162.1-44.15:52 of the Code of Virginia, stream restoration and 234 relocation projects that incorporate natural channel design concepts are not man-made channels and shall be exempt 235 from any flow rate capacity and velocity requirements for natural or man-made channels as set forth herein or 236 applicable state law. 237 (6-27-76; Ord. No. 82-11, 4-25-82; Ord. No. 92-16, 5-1-92; Ord. No. 94-17, 6-4-94; Ord. No. 08-01, 1-26-08) 238 239 § 57-6. Regulated Land-Disturbing Activities. 240 241 A. Except as provided in subsections B, and C, and E no person shall engage in any land-disturbing 242 activity until he has submitted to the plan approving authority an erosion and sediment control plan for such land-243 disturbing activity and until that plan has been reviewed and approved by the plan approving authority. Where the 244 land-disturbing activity results from the construction of or addition to a single-family residence, an agreement in lieu 245 of a plan may be substituted for an erosion and sediment control plan if executed by the plan approving authority. 246 247 B. Projects undertaken by state agencies in accordance with Section 62.1-44.15:56 10.1-564 of the 248 Code of Virginia shall be deemed not to be in violation of this chapter for land-disturbing activities. 249 250 C. Any person whose land-disturbing activities involve lands which extend into the jurisdiction of 251 another local erosion and sediment control program may, at the request of one or all of the jurisdictions, submit a 252 conservation plan to the Virginia Soil and Water Conservation BoardDepartment of Environmental Quality for 253 review and approval, rather than submission to each jurisdiction concerned. 254 255 D. Whenever a land-disturbing activity is proposed to be conducted by a contractor performing 256 construction work pursuant to a construction contract, the preparation, submission, and approval of the required 257 erosion and sediment control plan shall be the responsibility of the owner of the land. 258 259 E. State Water Control Board approval of linear utility and railroad project specifications. 260 261 F. In accordance with the procedure set forth by § 10.1-563 (E)62.1-44.15:55E of the Code of 262 Virginia, any person engaging in the creation and operation of wetland mitigation banks or stream restoration bank 263 or banks, in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal 264 and state guidance, laws, or regulations for the establishment, use, and operation of wetland mitigation or stream 265 restoration banks, mitigation banks, pursuant to a permit issued by the Department of Environmental Quality, the 266 Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general 267 erosion and sediment control specifications for wetland mitigation banks annually with the Board Virginia 268 Department of Environmental Quality for review and approval consistent with guidelines established by the State 269 Water Control Board. 270 (6-27-76; Ord. No. 82-11, 4-25-82; Ord. No. 94-17, 6-4-94; Ord. No. 08-01, 1-26-08) 271 272 § 57-7. Action on Erosion and Sediment Control Plans Prior to Land-Disturbing Activity. 273 274 A. Within 60 days, the plan approving authority shall review and approve any erosion and sediment 275 control plan submitted to it if it determines that the plan meets the conservation standards of the local control 276 program and if the person responsible for carrying out the plan certifies that he will properly perform the erosion and 277 sediment control measures included in the plan and will comply with the provisions of this chapter. 278 279

5



B. The plan approving authority shall act on all plans submitted to it and for which a fee is paidWhen 280 a plan is determined to be inadequate, written notice of disapproval within forty-five (45) days after receipt thereof 281 by either approving said plan in writing or by disapproving said plan in writing and givingstating the specific 282 reasons for its disapproval shall be communicated to the applicant within 45 days. The notice shall specify When a 283 plan submitted for approval pursuant to this chapter is found upon review to be inadequate, the plan approving 284 authority shall review or specify suchthe modifications, terms, and conditions that will permit approval of the plan. 285 and shall communicate these requirements to the applicant. If no action is taken by the plan approving authority 286 within the time specified above, the plan shall be deemed approved and the applicant shall be authorized to proceed 287 with the proposed activity. The plan approving authority shall act on any plan that has been previouysly 288 disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate. In 289 addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person 290 responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence to 291 the program authority, as provided by § 10.1-561 of the Code of Virginia, who will be in charge of and responsible 292 for carrying out the land-disturbing activity. However, any plan approving authority may waive the certificate of 293 competence requirement for an agreement in lieu of a plan for construction of a single family residence. If a 294 violation occurs during the land-disturbing activity, then the person responsible for carrying out the agreement in 295 lieu of a plan shall correct the violation and provide the name of an individual holding a certificate of competence, 296 as provided by § 10.1-561 of the Code of Virginia. Failure to provide the name of an individual holding a certificate 297 of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and 298 the person responsible for carrying out the plan shall be subject to the penalties provided herein. 299 300 C. An approved plan may be changed by theThe plan approving authority may require changes to an 301 approved plan in the following cases: 302 303 1. Where, upon inspection of the site, the plan approving authority has found the implementation of 304

the plan to be inadequate to accomplish the erosion and sediment control objectives of the plan; or 305 306 2. Where the person responsible for carrying out the approved plan finds that because of changed 307

circumstances or for other reasons the approved plan cannot be effectively carried out, the 308 proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to 309 by the plan approving authority and the person responsible for carrying out the plan. 310

311 D. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, 312 the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of 313 competence to the program authority, as provided by § 62.1-44.15:52 of the Code of Virginia, who will be in charge 314 of and responsible for carrying out the land-disturbing activity. However, any plan approving authority may waive 315 the certificate of competence requirement for an agreement in lieu of a plan for construction of a single family 316 residence. If a violation occurs during the land-disturbing activity, then the person responsible for carrying out the 317 agreement in lieu of a plan shall correct the violation and provide the name of an individual holding a certificate of 318 competence, as provided by § 62.1-44.15:52 of the Code of Virginia. Failure to provide the name of an individual 319 holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the 320 approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided 321 herein. 322 323 (6-27-76; Ord. No. 92-16, 5-1-92; Ord. No. 94-17, 6-4-94; Ord. No. 08-01, 1-36-08) 324 325 § 57-8. Issuance of Land-Disturbing Permit and Fees. 326 327 A. No person shall engage in any regulated land-disturbing activity, as defined in § 58-6 of this 328 chapter, until he has acquired a land-disturbing permit from the plan approving authority. 329 330 B. No grading, building, or other permits for land-disturbing activities may be issued unless the 331 applicant submits with his applicationhas an approved erosion and sediment control plan as required by this chapter 332 and certification that the plan will be followed, and evidence of Virginia stormwater management state permit 333 coverage, if applicable. 334 335

6



C. An erosion and sediment control fee for reviewing plans and performing field inspections shall be 336 collected at the time of building permit application according to the Arlington County Erosion and Sediment Control 337 Fee Schedule adopted by the County Board. as follows: 338 339 All exterior alteration, plumbing, electrical, or mechanical building permits where more than one hundred 340 (100) square feet and less than two thousand five hundred (2,500) square feet are estimated to be disturbed. 341 342 Fence permits are not included . . . . . $100.00 343 344 All exterior alteration, plumbing, electrical, or mechanical building permits where more than two thousand 345 five hundred (2,500) square feet are disturbed . . . . . $750.00 346 347 All demolition and new residential single-family structure building permits . . . . . $400.00 348 349 New town house building permits (per structure of less than 10 units) . . . . . $275.00 350 351 New town house building permits (per structure of 10 units or more) . . . . . $700.00 352 Not to exceed . . . . . $34,000.00 353 354 Each new commercial structure, each new apartment structure, and any other new structure requiring building 355 permits where less than five thousand (5,000) square feet are estimated to be disturbed . . . . . $1,500.00 356 357 Each new commercial structure, each new apartment structure, and any other new structure requiring building 358 permits where more than five thousand (5000) square feet are disturbed . . . . . $1,500.00 359 360 Plus, for each square foot of disturbed area over the first five thousand (5,000) square feet . . . . . $0.30 361 362 The maximum fee to be charged not to exceed fifty-five thousand dollars ($55,000). 363 (6-27-76; Ord. No. 82-11, 4-25-82; Ord. No. 90-5, 7-1-90; Ord. No. 92-16, 5-1-92; Ord. No. 94-17, 6-4-94; Ord. No. 364 01-9, 4-21-01; Ord. No. 07-07, 4-21-07, effective 7-1-07; Ord. No. 08-01, 1-26-08; Ord. No. 09-14, 4-28-09; 365 effective 7-1-09) 366 367 § 57-9. Monitoring, Reports and Inspections. 368 369

The plan approving authority (i) shall periodically inspect the land-disturbing activity and require that an 370 individual holding a certificate of competence as provided by 62.1-44.15:52 will be responsible for carrying out the 371 land-disturbing activity and (ii) may require that the permit holderperson responsible for carrying out the erosion 372 and sediment control plan furnish periodic monitoring reports of the land-disturbing activity to ensure compliance 373 with the approved plan and to determine whether the measures required in that plan are effective in controlling 374 erosion and sediment resulting from the land-disturbing activity. However, the plan approving authority may waive 375 the certificate of competence requirement for an agreement in lieu of a plan for construction of or addition to a 376 single family residence. 377

378 The right-of-entry to conduct such inspections shall be expressly reserved in the permit. The permit holder, 379

or his designee, shall be given notice of the inspection. The owner, permittee, or person responsible for carrying out 380 the plan shall be given notice of the inspection. 381

382 If the plan approving authority determines that the permit holder has failed to comply with the plan, the 383

plan approving authority shall immediately serve a notice to comply or notice of violation upon the permittee or 384 person responsible for carrying out the plan holder by registered or certified mail to the address specified by the 385 permit holder in hisin the permit application or in the plan certification, or by delivery at the site of the permitted 386 land-disturbing activities to the agent or employee of the permit holder supervising such activities. Such notice shall 387 set forth specifically the measures needed to come into compliance with such plan and shall specify the time within 388 which such measures shall be completed. If the permit holder fails to comply within the time specified, his permit 389 may be revoked; furthermore, he shall be deemed to be in violation of this chapter and upon conviction of such 390 violation shall be subject to the penalties provided by this chapte and the plan reviewing authority may pursue 391

Formatted: Indent: Left: 0", First line: 0", Tab stops: 0",Left + Not at 1"

Formatted: Tab stops: 0", Left + 0.5", Left

Formatted: Indent: Left: 0", Tab stops: 0", Left + 0.5",Left



Formatted: Indent: First line: 0", Tab stops: 0", Left + 0.5", Left


Formatted: Indent: Left: 0", Tab stops: 0", Left + 0.5",Left + Not at 0.81"



7



enforcement as provided by this chapterr. 392 (6-27-76; Ord. No. 87-4, 1-24-87; Ord. No. 92-16, 5-1-92; Ord. No. 94-17, 6-4-94; Ord. No. 08-01, 1-26-08) 393 394 § 57-9.1. Adherence to Approved Plans and SpecificationsStop Work Orders. 395 396

Upon issuance of an inspection report denoting receipt of a sworn complaint by the project inspector of a 397 violation of the terms of the permit or any applicable law, the County Manager or his designee, in conjunction with 398 or subsequent to a notice to comply, as specified in § 57-9 above, may issue an order requiring that all or part of the 399 land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken, 400 or, if land-disturbing activities have commenced without an approved plan, as required by this chapter, then all of 401 the land-disturbing activities shall be stopped until an approved plan or any required permits are obtained. Where the 402 alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposits 403 in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced 404 without an approved plan or any required permits, such an order may be issued without regard to whether the permit 405 holder has been issued a notice to comply, as specified in § 57-9 above. Otherwise, such an order may be issued 406 only after the permit holder has failed to comply with such a notice to comply, as specified in § 57-9 above. The 407 order shall be served in the same manner as a notice to comply, as specified in § 57-9 above, and shall remain in 408 effect for a period of seven (7) days from the date of service pending application by the enforcing authority or 409 permit holder for appropriate relief to the Circuit Court of Arlington County. The order for disturbance without an 410 approved plan or permits shall be served upon the owner by registered or certified mail to the address specified in 411 the land records of Arlington County, shall be posted on the site where the disturbance is occurring, and shall remain 412 in effect until such time as permits and plan approvals are secured, except in such situations where an agricultural 413 exemption applies. If the alleged violator has not obtained an approved erosion and sediment control plan or any 414 required permits within seven days from the date of the service of the order, the Virginia Department of 415 Environmental Quality or the County Manager or designee may issue a subsequent order to the owner requiring that 416 all construction and other work on the site, other than corrective measures, be stopped until an approved sediment 417 control plan and any required permits have been obtained. The subsequent order shall be served upon the owner by 418 registered or certified mail to the address specified in the permit application or the land records of the locality in 419 which the site is located. The owner may appeal the issuance of any order to the Circuit Court of Arlington County 420 or other appropriate court. Any person violating or failing, neglecting or refusing to obey an order issued by the 421 Virginia Department of Environmental Quality or the County Manager or designee may be compelled in a 422 proceeding instituted in the Circuit Court of Arlington County or other appropriate court to obey same and to 423 comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of 424 corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. 425 Nothing in this section shall prevent the County Manager or his designee from taking any other permissible action. 426 (Ord. No. 92-16, 5-1-92; Ord. No. 94-17, 6-4-94; Ord. No. 08-01, 1-26-08) 427 428 § 57-10. Administrative Appeal; Judicial Review. 429 430 A. Final decisions of the plan approving authority under this chapter shall be subject to review by the 431 County Manager provided written request for such review is filed within thirty (30) days from the date of any 432 written decision by the plan approving authority which adversely affects the rights, duties, or privileges of the 433 person engaging in or proposing to engage in land-disturbing activities. 434 435 B. Final decisions of the County Manager under this chapter shall be subject to review by the Circuit 436 Court of Arlington County, provided an appeal is filed within thirty (30) days from the date of the final written 437 decision which adversely affects the rights, duties, or privileges of the person engaging in or proposing to engage in 438 land-disturbing activities. 439 (6-27-76; 10-23-76; Ord. No. 92-16, 5-1-92; Ord. No. 08-01, 1-26-08) 440 441 § 57-11. Penalties, Injunctions, and Other Legal Actions. 442 443

A. A. A civil penalty of one hundred dollars ($100.00) shall apply to any person who 444 violates (i) any condition of a permit or (ii) any provisions of this chapter, except the civil penalty for 445 commencement of land-disturbing activities without an approved plan shall be one thousand dollars ($1,000.00). 446 Each day any violation of the provisions of this chapter is found to have existed shall constitute a separate offense. 447

Formatted: Indent: Left: 0", First line: 0.5", Numbered +Level: 1 + Numbering Style: A, B, C, … + Start at: 1 +Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"

8



In no event shall a series of violations result in civil penalties which exceed a total of three thousand dollars 448 ($3,000.00) arising from the same operative set of facts, except that a series of violations arising from the 449 commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties 450 which exceed a total of ten thousand dollars ($10,000.00). The Administrator may issue a summons for the 451 collection of the civil penalty. 452

453 454 1. Any person who violates (i) any condition of a permit or (ii) any provisions of this 455 chapter shall be issued a notice of violation by certified mail or by delivery at the site of land-456 disturbing activity. The notice shall require such violation to cease within a reasonable time which is 457 specified in such notice. After such notice is sent or given, and such violation is not ceased within such 458 reasonable time as is specified in the notice, then the administrator may proceed to remedy the 459 violation as provided below. 460 461 2. After having sent or delivered the notice referred to above, and if such violation has not 462 ceased within such reasonable time as is specified in such notice, then the administrator shall cause a 463 summons to be served upon such person. 464 465 3. Such summons shall contain the following information: 466 467 a. The name and address of the person charged; 468 469 b. The nature of the infraction and the provision(s) being violated; 470 471 c. The location, date and time that the infraction occurred or was observed; 472 473 d. The amount of the civil penalty assessed for the infraction; 474 475 e. The manner, location and time in which the civil penalty may be paid to the County; 476 477 f. The right of the recipient of the summons to elect to stand trial for the infraction and the 478 date for such trial; 479 480 g. The right of any person summoned for a violation to elect to pay the civil penalty to the 481 Treasurer for the County at least seventy-two (72) hours prior to the time and date fixed for trial and 482 that payment of such civil penalty shall constitute a waiver of trial and an admission of liability; and 483 484 h. A statement that a signature to an admission of liability shall have the same force and 485 effect as a judgment of court, but that an admission shall not be deemed a criminal conviction for any 486 purpose. 487 488 4. The administrator shall note the date of such service on the copy of the summons so 489 delivered or posted. 490 491 5. If a person charged with a violation does not elect to enter a waiver of trial and admit 492 liability, the violation shall be tried in the general district court in the same manner and with the same 493 right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for 494 any purpose. 495 496

B. The governing body may apply to the Circuit Court of Arlington County for injunctive relief to 497 enjoin a violation or a threatened violation of this chapter. 498 499 C. In additional to the civil penalties provided in this chapter, any person who violates any provision 500 of this chapter may be liable to plan approving authority in a civil action for damages. 501 502 C. The County's legal representative shall, upon the request of the County Manager, take legal action 503

Formatted: Indent: Left: 0.75"

Formatted: Indent: Left: 0.75", First line: 0"

9



to enforce the provisions of this chapter. 504 505 D. Without limiting the remedies which may be obtained under this section, any person violating or 506 failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this chapter 507 shall be subject, in the discretion of the court, to a civil penalty not to exceed two thousand dollars ($2,000.00) for 508 each violation. A civil action for such violation or failure may be brought by the County. Any civil penalties 509 assessed by a court shall be paid into the treasury of the County. 510 511 E. With the consent of any person who has violated or failed, neglected or refused to obey (i) any 512 condition of a permit or (ii) any provisions of this chapter, the Administrator may provide, in an order issued against 513 such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in 514 subsection D of this section. Such civil charges shall be instead of any appropriate civil penalty which could be 515 imposed under subsection A or D. 516 517 1. Civil charges in lieu of appropriate civil penalties issued in orders against violators of this chapter 518

shall be assessed as follows: 519 520 a. Failure to make proper application for a land-disturbing permit, as required by § 57-8 of this 521

chapter, within the time limit specified in a duly served notice of permit requirement--Five 522 hundred dollars ($500.00). 523

524 b. Failure to comply with the requirements of an approved erosion and sediment control plan within 525

the time limit specified in a duly served notice to comply--One hundred dollars ($100.00), plus 526 one hundred dollars ($100.00) for each violation cited in the notice. Each day for which the 527 violation is continued beyond the date of the issuance of such notice to comply shall constitute a 528 separate offense. 529

530 c. Failure to stop all work activities within the time limit specified in a duly served stop work order--531

One hundred dollars ($100.00), plus one hundred dollars ($100.00) for each violation cited in the 532 notice. Each day for which the violation(s) is continued beyond the date of the issuance of such 533 stop work order shall constitute a separate offense. 534

(6-27-76; Ord. No. 92-16, 5-1-92; Ord. No. 94-17, 6-4-94; Ord. No. 98-25, 10-17-99; Ord. No. 01-16, 7-28-01; Ord. 535 No. 08-01, 1-26-08) 536 537 § 57-12. Severability. 538 539

If any provision of this chapter is held to be unconstitutional or invalid, such unconstitutionality or 540 invalidity shall not affect the remaining provisions. 541 (6-27-76; Ord. No. 08-01, 1-26-08) 542 543 § 57-13. Conflict of Chapter. 544 545

In any case where a provision of this chapter is found to be in conflict with any other provision of the 546 Arlington County Code existing on the effective date of this chapter, the provision which establishes the more 547 stringent standard for the promotion and protection of the health and safety of the people shall prevail. In any case 548 where a provision of this chapter is found to be in conflict with any other provision of the Arlington County Code 549 existing on the effective date of this chapter which establishes a less stringent standard for the promotion and 550 protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such 551 other provisions are hereby declared to be repealed to the extent that they may be found in conflict with this chapter. 552 (6-27-76; Ord. No. 08-01, 1-26-08) 553

Formatted: Indent: Left: 0", Hanging: 1", Tab stops: 0.5",Left + Not at 1.5"

10


Attachment E The Runoff Reduction Method (RRM) computational methodology is significantly different from Arlington’s current method for determining stormwater compliance. Two key differences are that the County’s current requirements consider only impervious cover, and calculate the treatment requirements in terms of area to be treated. The RRM method considers lawn area as well and calculates the treatment requirements in terms of phosphorus loading. Another important difference is that the minimum capacity for stormwater management facilities (i.e., how much rainfall each facility must be designed to capture) is higher under the new RRM requirements. In addition, the County currently allows pervious paving and vegetated roof systems to be counted as fully pervious surfaces—a generous credit to encourage their use. The new RRM methodology, although providing important runoff reduction credits for pervious paving and vegetated roof systems, more conservatively pro-rates these systems as partially pervious. The increased level of effort for compliance with the new RRM method is therefore difficult to compare in a general or uniform way with Arlington’s current requirements. Analysis of previously approved projects suggests that the increased level of effort can be relatively small (e.g., 10 percent more impervious area treated) to significant (e.g., greater than 50 percent more impervious area treated). In general, the greater the impervious cover increase and the less permeable the soils, the greater the effort that will be needed to comply. Also, as noted above, the increased minimum capacity for stormwater management facilities under the RRM means that, in addition to increased areas of treatment, larger facilities will also be needed. In addition, the new State requirements set a 20 percent net pollutant reduction requirement for redevelopment activities with one (1) acre or more of land disturbance, compared with a 10 percent standard for projects that disturb at least 2,500 square feet of land but less than one (1) acre of land. The current standard is 10 percent for all redevelopment activities. New development (where land is currently vacant) has a different standard—which is similar under existing and proposed requirements. Approximately 90 percent of the development in Arlington is redevelopment and also involves less than one (1) acre of land disturbance. The new State regulations and Arlington’s proposed Stormwater Management Ordinance also specify new performance standards to protect downstream properties, stormwater pipes, and stream channels from flooding and erosion. Staff’s analysis suggests that these flood/channel protection requirements also can be more stringent than current requirements. And, like the RRM, the computational method will change under the proposed ordinance, making direct comparison with existing requirements more complicated. Staff’s analysis of past projects suggests that the County’s current requirements are as stringent as the new requirements in many cases—but not in all cases. An important benefit of the new computational methodology is the ability to account for runoff reduction practices (e.g., permeable paving, bioretention, vegetated roofs, etc.) in the flooding/erosion compliance calculations, rewarding the runoff reduction benefits these strategies provide.


Documents

ATTACHMENT A RESOLUTION TO RATIFY AND AUTHORIZE