Highlighted below: 13 of 16 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

Chapter 14 - EROSION AND SEDIMENT CONTROL AND STORMWATER MANAGEMENT#

Footnotes: --- (1) ---

Editor's note— Ord. No. 2024-0723, adopted July 23, 2024, repealed the former Ch. 14, §§ 14-1—14-8, 14-26—14-42, 14-51—14-62, and enacted a new Ch. 14 as set out herein. The former Ch. 14 pertained to similar subject matter and derived from Ord. of 2-24-76, § 1—13; Ord. No. 80-9, 6-24-80; Ord. No. 82-1, 2-23-82; Ord. No. 82-2, 2-23-82; Ord. No. 2006-05, 6-27-2006; Ord. No. 2014-08, § 1—15, 5-13-15; Ord. of 5-26-2015.

Cross reference— Cross reference(s)—Building regulations, Ch. 11.

State Law reference— State law reference(s)—Local governments to adopt and administer erosion and sediment control program, Code of Virginia, § 62.1-44.15:54; Erosion and Sediment Control Law, Code of Virginia, § 62.1-44.15:51 et seq.

Sec. 14-1. - Definitions.#

As used in Articles I and II of this chapter, the following words and phrases shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise:

Agreement in lieu of a plan: a contract between the City of Hopewell and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of VESMA for the construction of a single-family detached residential structure; such contract may be executed by the City of Hopewell in lieu of a soil erosion control and stormwater management plan.

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

Board: The State Water Control Board.

Certified inspector: An employee or agent of a program authority who (i) holds a certificate of competence from the board in the area of project inspection or (ii) is enrolled in the board's training program for project inspection and successfully completes such program within one (1) year after enrollment.

Certified plan reviewer: An employee or agent of a program authority who (i) holds a certificate of competence from the board in the area of plan review, (ii) is enrolled in the board's training program for plan review and successfully completes such program within one (1) year after enrollment, or (iii) is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Code of Virginia, Tit. 54.1, Ch. 4, Art. 1 (§ 54.1-400 et. seq.).

Certified program administrator: An employee or agent of a program authority who (i) holds a certificate of competence from the board in the area of program administration or (ii) is enrolled in the board's training program for program administration and successfully completes such program within one (1) year after enrollment.

City: The City of Hopewell.

Clearing: Any activity which removes the vegetative ground cover, including but not limited to, root mat removal or top soil removal or relocation.

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

Erosion and sediment control plan or conservation plan or plan: A document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan, inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives. A component of the ESM Plan.

Erosion impact area: An area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of ten thousand (10,000) square feet or less, used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes.

ESM Plan: A soil erosion control and stormwater management plan, commonly referred to as the erosion control and stormwater management plan.

Excavating: Any digging, scooping or other method of removing earth materials.

Filling: Any depositing or stockpiling of earth materials.

Grading: Any excavating or filling of earthy materials or any combination thereof, including the land in its excavated or filled condition.

Land-disturbing activity: A manmade change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading, excavating, or filling of land.

Land-disturbing permit: A permit issued by the City of Hopewell Erosion and Stormwater Management Program for clearing, filling, excavating, grading, or transporting, or any combination thereof, of all lands, except as excluded elsewhere in this chapter.

Local Erosion and Stormwater Management Program or VESMP: A program established by the VESMP Authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The program shall include such items as local ordinances, rules, requirements for permits and land-disturbance approvals, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement consistent with the requirements of the VESMA.

Owner: The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property.

Permittee: The person to whom the permit is issued.

Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the commonwealth, any interstate body, or any other legal entity.

Plan-approving authority: The board, the program authority, or a department of the program authority, responsible for determining the adequacy of a conservation plan submitted for land-disturbing activities on a unit or units of lands and for approving plans.

Program authority: The City of Hopewell, which has adopted a Erosion and Stormwater Management Program approved by the board.

Responsible land disturber: An individual holding a certificate issued by the department who is responsible for carrying out the land-disturbing activity in accordance with the approved erosion and sediment control plan or ESM plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the erosion and sediment control plan, ESM plan, or permit as defined in this chapter as a prerequisite for engaging in land disturbance.

Single-family residence: A structure arranged or designed to be occupied by one (1) family, the structure having only one (1) dwelling unit.

Soil erosion control and stormwater management plan: Commonly referred to as the erosion control and stormwater management plan, or "ESM Plan" means a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to the VESMA. The ESM Plan may consist of aspects of the erosion and sediment control plan and stormwater management plan.

State waters: All water, on the surface or under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.

Transporting: Any moving of earth materials from one place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-2. - Exemptions from chapter.#

(a) The provisions of this chapter shall not apply to the following:

(b) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs and maintenance work.

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

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

(f) Permitted surface or deep mining operations and projects, or oil and gas operations and projects, or oil and gas operations and projects conducted pursuant to Code of Virginia, Tit. 45.2.

(g) Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and/or other related structures and facilities of a railroad company.

(h) Disturbed areas for commercial or noncommercial uses of less than two thousand five hundred (2,500) square feet in size; provided, however, that the city council may reduce this exception to a smaller area of disturbed land and/or qualify the conditions under which this exception shall apply.§

(i) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles.

(j) Land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the City of Hopewell shall be advised of the disturbance within 7 days of commencing the land-disturbing activity, and compliance with the administration requirements of subsection A is required within 30 days of commencing the land-disturbing activity.

(k) Shoreline erosion and control project on tidal waters when all the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources of Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to the VESMA and the regulations adopted pursuant thereof.

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

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-3. - Enforcement of chapter generally.#

Enforcement of this chapter shall rest with the city manager or his duly authorized representative, who shall enforce the provisions of this chapter as a portion of review, approval and inspection under the provisions of the subdivision ordinance.

(Ord. No. 2024-0723, 7-23-2024)

Cross reference— Cross reference(s)—Subdivision ordinance, App. B.

Sec. 14-4. - Chapter to be administered in conjunction with subdivision and zoning ordinances.#

It is the intent of this chapter that it will be administered in conjunction with the city's subdivision and zoning ordinances wherein such apply to the development on previously subdivided land within the city.

(Ord. No. 2024-0723, 7-23-2024)

Cross reference— Cross reference(s)—Zoning ordinance, App. A; subdivision ordinance, App. B.

Sec. 14-5. - Inspection of land-disturbing activities; notice and correction of defects.#

(a) The city manager or his duly authorized representative, meeting the certification requirements of the State Water Control Board, shall conduct periodic inspections in accordance with 9VAC25-875-330 of projects undertaken under the provisions of this chapter to ensure compliance with approved plans and to determine the effectiveness of the control measures. The right of entry to conduct such inspection shall be expressly reserved to the city in the land-disturbing permit. The permit holder or his duly authorized representative will be afforded the opportunity to accompany the inspector.

(b) If the city manager or his duly authorized representative, meeting the certification requirements of the State Water Control Board, finds that a permit holder has failed to comply with the plan, he shall immediately serve notice upon such permit holder, by delivery of facsimile, email, or other technology; by mailing with confirmation of delivery to the address specified in the permit application or in the plan certification, if available, or in the land records of the locality; or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. Such notice shall set forth specifically the measures needed to come into compliance with the plan, and shall specify the time within such measures shall be completed. If the permit holder fails to comply within the time specified in the notice, the permit is subject to revocation.

(c) Upon receipt of a sworn complaint of a violation of this section, or Code of Virginia, § 62.1-44.15 from the representative of the program authority or the board responsible for ensuring program compliance, the chief administrative officer, or his designee, of the program authority or the board may, in conjunction with or subsequent to a notice to comply as specified in subsection (b) above, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken or, if land-disturbing activities have commenced without an approved plan provided in Code of Virginia, § 62.1-44.15-55, requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth, or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued whether or not the alleged violator has been issued a notice to comply as specified in subsection (b) above. Otherwise, such an order may be issued only after the alleged violator has failed to comply with a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for seven (7) days from the date of service pending application by the enforcing authority or alleged violator for appropriate relief to the circuit court of the jurisdiction wherein the violation was alleged to have occurred.

(Ord. No. 2024-0723, 7-23-2024)

Article II. - Erosion and Sediment Control#

Sec. 14-6. - Bond, deposit, etc., may be required for land-disturbing activities.#

(a) The city manager, or his duly authorized representatives, prior to the issuance of any grading, land-disturbing, building or other permit involving any land-disturbing activity, may require from any applicant a reasonable performance bond, cash escrow, letter of credit, any combination thereof or such other legal arrangements§ as is acceptable to the city manager, or his duly authorized representative, to ensure that measures can be taken by the city, at the applicant's expense, should the applicant or his agent fail, after proper notice within the time specified, to initiate and maintain appropriate conservation action which may be required of him because of his land-disturbing activity. If the city takes such conservation action upon such failure by the permittee, the city may collect from the permittee for the difference should the amount of the reasonable cost of such action exceed the amount of the security held.

(b) Refund of such bond or release of such security, escrow or instruments shall be effective within sixty (60) days after the satisfactory completion or termination (final stabilization) of the project as determined by the City of Hopewell.

(c) Where land-disturbing activities involve lands under the jurisdiction of more than one (1) local control program, a soil erosion control and stormwater management plan may, at the option of the applicant, be submitted to the board for review and approval rather than to each jurisdiction concerned. Where the land-disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for a soil erosion control and stormwater management plan if executed by the plan-approving authority.

(d) The provisions of this section are in addition to all other provisions of law which relate to the issuance of such permits, and they shall not be construed to otherwise affect the requirements for such permits.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-7. - Appeals from decisions under chapter.#

Any applicant or permit holder under the provisions of this chapter, who is aggrieved by any action of the city manager or his duly authorized representative in the interpretation of this chapter or in disapproving plans submitted in accordance with this chapter, shall have the right to appeal such decision or interpretation to the board of appeals provided for by article II, division 2, of chapter II of this Code. Such appeals shall be filed with the city manager, or his duly authorized representative, within ten (10) days of the decision§ deemed adverse to the applicant or the permit holder. The board of appeals shall hear the appeal within two (2) weeks from the date of appeal§. The written decision of such board shall be final unless appealed to the court having jurisdiction over such matters within thirty (30) days from the date of the written decision§ of the board.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-8. - Penalty for violations of chapter.#

Violations of any regulation or order of the board, any provision of the city's program, any condition of a permit issued under this chapter, or any provision of this chapter shall be subject to civil penalties as prescribed in Code of Virginia, § 62.1-44.15-55§, and all amendments thereto; however, violations punishable as criminal offenses under state law may be prosecuted as such.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-26. - Required.#

(a) Except as otherwise provided in this chapter, no person shall engage in any land-disturbing activity until such person has submitted to, has had reviewed by and has had approved by the city manager, or his duly authorized representative, a soil erosion control and stormwater management plan for such land-disturbing permit therefor.

(b) Where the land-disturbing activity results from the construction of a single-family residence, an "agreement in lieu of a plan" may be substituted for soil erosion control and stormwater management plan if executed by the plan approving authority.

(c) No officer or employee of the city shall issue any grading, building or other permit for activities which involve exposure of land to erosion, as provided in this chapter, unless the applicant therefor submits with his application the approved plan from the city manager or his duly authorized representative, and the applicant's certification that such plan will be followed.

(d) For the purposes of this section, when land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of a soil erosion control and stormwater management plan shall be the responsibility of the owner.

(Ord. No. 2024-0723, 7-23-2024)

State Law reference—Similar provisions, Code of Virginia, Tit. 62.1, Ch. 3.1, Art. 2.4.

Sec. 14-27. - Permit application.#

(a) Application for a permit required by this article shall be filed with the city manager or his duly authorized representative, who shall determine the required number of copies of such application.

(b) The application filed pursuant to this section shall be accompanied by a soil erosion control and stormwater management plan meeting the requirements of this article.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-28. - Standards, contents, format, etc., of plan.#

(a) A soil erosion control and stormwater management plan filed under this article shall detail the methods and techniques to be utilized to control soil erosion and stormwater management. As a minimum, the plan shall follow the standards and format detailed in the current edition of the Virginia Stormwater Management Handbook, which format is hereby adopted by reference as part of this chapter; provided, however, that wherever such information as is required therein duplicates that required under the city's zoning and subdivision ordinances, a single submission indicating all required information is acceptable. When any of the information required under the plan is deemed not necessary for the review of any particular plan in the opinion of the plan-approving authority, its submission may be waived in writing by the plan-approving authority, provided that state regulations and standards are met in the approved plan.

(b) The approved standards and specifications for control techniques to be utilized in preparing the plan are set forth in the current edition of the Virginia Stormwater Management Handbook, which standards and specifications are hereby adopted by reference as part of this chapter. State regulations contain the minimum standards, and if there are conflicts between the regulations and the handbook, the regulations take precedence.

(Ord. No. 2024-0723, 7-23-2024)

Cross reference—Zoning ordinance, App. A; subdivision ordinance, App. B.

Sec. 14-29. - Plan review and inspection fee.#

A plan review and inspection fee of twenty-five dollars ($25.00) for the first acre of land or less in any project, plus ten dollars ($10.00) for each additional acre of land, or part thereof, in excess of one (1) acre in such project, up to a maximum of one hundred fifty dollars ($150.00)§, shall be paid to the city at the time of the filing of an application and a soil erosion control and stormwater management plan under this article.

(Ord. No. 2024-0723, 7-23-2024)

State Law reference—Authority to impose plan review fee, Code of Virginia, Tit. 62.1, Ch. 3.1, Art. 2.4.

Sec. 14-30. - Approval or disapproval of plan.#

(a) The city manager, or duly authorized representative, meeting the certification requirements of the board, shall, within forty-five (45) days§, approve any plan submitted to him under this article, if he determines that the plan meets the conservation standards of the local control program, and if the person responsible for carrying out the plan certifies that he will properly perform the soil erosion control and stormwater management measures included in the plan and will comply with the provisions of this chapter. In addition, as a prerequisite to approval of the plan, the person responsible for carrying out the plan shall provide the name of a responsible land disturber, who will be in charge of and responsible for carrying out the land-disturbing activity, in accordance with the approved plan. Such approval of a plan does not in any way waive or abrogate any provisions of the zoning or subdivision ordinances, and such approval shall not imply that the provisions of any other ordinance have been met.

(b) The city manager, or his duly authorized representative, meeting the certification requirements of the board, shall act on all plans submitted to him within forty-five (45) days from receipt thereof by either approving said plan, in writing, or by disapproving said plan, in writing, and giving the specific reason for its disapproval. When a plan submitted for approval pursuant to this chapter is found by the city manager, or his duly authorized representative to be inadequate, he shall specify such modifications, terms and conditions as will permit approval of the plan, and he shall communicate those requirements to the applicant as provided above. The plan shall be deemed approved and the person shall be authorized to proceed with the proposed activity if approval or disapproval is not given within forty-five (45) days.

(c) Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file general erosion and sediment control specifications annually with the board for review and written comment. The specifications shall apply to:

(1) Construction, installation or maintenance of electric, natural gas and telephone utility lines, and pipelines; and

(2) Construction of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of the railroad company.

Individual approval of separate projects within subdivisions (1) and (2) of this subsection is not necessary when board-approved specifications are followed. Projects not included in subdivisions (1) and (2) of this subsection shall comply with the requirements of the city erosion and sediment control program.

State agency projects are exempt from the provisions of this chapter except as provided for in the Code of Virginia, § 10.1-564, as amended.

In order to prevent further erosion, the city may require approval of a plan for any land identified in the local program as an erosion impact area.

(Ord. No. 2024-0723, 7-23-2024)

State Law reference—Similar provisions, Code of Virginia, Tit. 62.1, Ch. 3.1, Art. 2.4.

Sec. 14-31. - Effect of approval of plan or compliance therewith as to liability to third persons for damages.#

The approval of any soil erosion control and stormwater management plan under the provisions of this chapter, or compliance with the conditions of such plan, shall not relieve any person from responsibility for damage to other persons or property, and shall not impose any liability upon the city for damage to other persons or property.

(Ord. No. 2024-0723, 7-23-2024)

State Law reference—See Code of Virginia, Tit. 62.1, Ch. 3.1, Art. 2.4, which provides that the compliance with state law provisions similar to this chapter shall be prima facie evidence in certain actions for damages that all requirements of law have been met, etc.

Sec. 14-32. - Modification of approved plan.#

(a) An approved plan may be changed by the city manager, or his duly authorized representative, meeting the certification requirements of the board, where inspection has revealed the inadequacy of the plan to accomplish the soil erosion control and stormwater management objectives of the plan, and appropriate modifications to correct the deficiencies of the plan are agreed to by the city manager, or his duly authorized representative, or where the person responsible for implementing the approved plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the city manager, or his duly authorized representative, and the person responsible for implementing the plan.

(b) The city manager, or his duly authorized representative, meeting the certification requirements of the board, shall have the authority to amend or alter the conditions of a soil erosion control and stormwater management plan at any time during the project, if control measures being practiced prove to be ineffective or because of changed circumstances. Such changes shall be made to assist the permit holder in controlling costs where less expensive methods are available which will accomplish the desired result, or where previously approved methods do not accomplish the purpose of this chapter.

(Ord. No. 2024-0723, 7-23-2024)

State Law reference—Code of Virginia, Tit. 62.1, Ch. 3.1, Art. 2.4.

Article III. - Stormwater Management Utility#

Sec. 14-33. - Authority.#

The city is authorized by Code of Virginia § 15.2-2114 to establish a utility to enact a system of service charges to support a local stormwater management program consistent with Code of Virginia, Tit. 62.1, Ch. 3.1, Art. 2.3 (Code of Virginia § 62.1-44.15:24 et seq.) or any other state or federal regulation governing stormwater management.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-34. - Purpose.#

The city council finds that an adequate, sustainable source of revenue for stormwater management activities is necessary to protect the general health, safety, and welfare of residents of the city, and to meet requirements of the city's Virginia Pollution Discharge Elimination System (VPDES) municipal separate storm sewer system (MS4) permit and federal and state regulations to address identified water quality and quantity needs. The city council finds that property with higher amounts of impervious surface area contributes greater amounts of stormwater and pollutants to the storm sewer system and waters of the commonwealth and should carry a proportionate burden of the cost of such activities. Therefore, the city council determines it is in the best interest of the public to enact a stormwater utility fee that shall allocate program costs to all property owners based on the amount of impervious surface area.

(Ord. No. 2024-0723, 7-23-2024)

Article III. Stormwater Management#

Sec. 14-35. - Definitions.#

The following definitions shall apply to this article unless the context clearly indicates otherwise:

Billing unit means two thousand one hundred (2,100) square feet of impervious surface area.§ All single-family homes will be billed one (1) billing unit rate.

Director means the director of public works or the director's authorized representative.

Developed property means real property that has been altered from its "natural" state by the addition of any improvements such as buildings, structures and other impervious surface areas. Improvements include, but are not limited to, buildings, patios, driveways, walkways, parking areas, and compacted gravel areas.

Impervious surface area means surface area that is compacted or covered with material that is highly resistant to or prevents infiltration by water, including, but not limited to, most conventionally surfaced streets (including gravel), roofs, sidewalks, parking lots, and other similar structures.

Municipal separate storm sewer system (MS4) means a conveyance or system of conveyances that is owned by a state, city, town, village, or other public entity that discharges to waters of the U.S.; designed or used to collect or convey stormwater (including storm drains, pipes, ditches, etc.); not a combined sewer; and not part of a publicly owned treatment works (sewage treatment plant).

Stormwater best management practice means activities, prohibition of practices, maintenance procedures and other management practices, including both structural and non-structural practices, to prevent or reduce pollution of surface waters and groundwater systems.

Stormwater management facility means a structural control measure that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release, or the velocity of flow. A stormwater management facility is a type of stormwater best management practice.

Unimproved parcel means any parcel that has less than five hundred (500) square feet of impervious surface area.

Utility fee means any permit or local program fees allowed by Commonwealth of Virginia State Code.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-36. - Stormwater utility fee.#

(a) A stormwater utility fee is hereby imposed on every parcel of real property in the city that appears on the real property assessment rolls as of July 1 of each year and contains greater than five hundred (500) square feet of impervious surface area.§

(b) When new properties or impervious surface areas are brought into the utility system, such as from new construction, fees will accrue or increase commencing on the next billing cycle as established in section 14-42(a).

(c) The billing rate per billing unit to be used for calculating the stormwater utility fee shall be forty-eight dollars ($48.00) per year.§ City council may modify the billing rate in the future.

(d) All stormwater utility fees and other income from the fees shall be deposited into the stormwater enterprise fund. The funds deposited shall be used exclusively to provide services and facilities related to the stormwater management program pursuant to the provisions of the Code of Virginia § 15.2-2114.

(e) The stormwater utility [fees] shall be in effect starting July 1, 2015.

(f) The stormwater utility [fees] shall be under the administration of the director.

(g) Consistent with Code of Virginia § 15.2-2114, the stormwater utility fee shall be waived in its entirety for the following:

(1) A federal, state, or local government, or public entity that holds a permit to discharge stormwater from a municipal separate storm sewer system (MS4); except that the waiver of charges shall apply only to property covered by any such permit; and

(2) Public roads and street rights-of-way that are owned and maintained by state or local agencies including property rights-of-way acquired through an acquisitions process.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-38. - Stormwater utility fee calculations.#

Unless otherwise specified in this article, the annual stormwater utility fee for all property in the city shall be calculated in the following manner:

(1) Determine the impervious surface area of each parcel of real property in square feet;

(2) Divide the property's impervious surface area by the billing unit;

(3) Round the resulting calculation to the nearest whole number to determine the billing units and multiply by the billing rate established to obtain the annual stormwater utility fee for the property.

The stormwater utility fee is applicable to condominium unit owners and to property held by a common interest community association, as defined in Code of Virginia § 55-528. The common area within the common interest community shall be evenly divided among the individually owned parcels, or as per an alternative methodology, as determined by the director, including but not limited to directly charging the association based on the methodology described in subsection (a) above.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-39. - Stormwater enterprise fund.#

(a) The stormwater fund is hereby established as a dedicated enterprise fund. The fund shall consist of revenue generated by the stormwater utility fee as well as any other deposits that may be made from time to time by the city council.

(b) The stormwater fund shall be dedicated special revenue used only to pay for or recover costs for the following:

(1) The acquisition, as permitted in Code of Virginia § 15.2-1800, of real and personal property, and interest therein, necessary to construct, operate, and maintain stormwater control facilities;

(2) The cost of administration of the stormwater program;

(3) Planning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, whether publicly or privately owned, that serve to control stormwater;

(4) Facility operation and maintenance;

(5) Monitoring of stormwater control devices and ambient water quality; and

(6) Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-40. - Billing, payment, and penalties.#

(a) The stormwater utility fee shall be divided into twelve (12) equal payments over a year period, where the owner and/or occupant of each parcel of real property shall be billed on a monthly basis. Such bills or statements shall be included on and payable with the parcel's sewer and refuse bill. Properties that do not receive a sewer and refuse bill will receive an annual bill via the city's real estate tax bill in conjunction with the city's standard real estate tax billing cycle. Any fee not paid in full by the respective due date(s) shall be considered delinquent.

(b) All payments received shall be credited firstly towards stormwater, then to sewer, and then lastly towards refuse charges.

(c) A delinquent stormwater utility fee shall accrue interest at the legal rate provided in Code of Virginia § 6.2-301(A). Such interest shall be applied to late payments overdue for more than thirty (30) days, and shall be calculated for the period commencing on the first day such fee is first due, until the date the fee is paid in full.

(d) Any delinquent stormwater utilities fee, together with all interest due, shall constitute a lien on the property on which assessed ranking on parity with liens for unpaid taxes and shall be collected in the same manner as provided for the collection of unpaid taxes.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-41. - Stormwater utility fee credits.#

(a) The director shall administer a system of credits in accordance with Code of Virginia § 15.2-2114.D that provide for partial waivers of charges to any person who installs, operates, and maintains an approved stormwater best management practice that achieves a permanent reduction in stormwater flow or pollutant loadings. The credit policy shall also, in accordance with Code of Virginia § 15.2-2114.E, provide for full or partial waivers of charges to public or private entities that implement or participate in strategies, techniques or programs that reduce stormwater flow or pollutant loadings, or decrease the cost of maintaining or operating the public storm sewer system and stormwater program.

(b) The director shall develop written policies to implement the credit system, which shall include a requirement for participating property owners and/or occupants to provide maintenance verification to the city and for the owner to enter into a maintenance agreement with an inspection schedule for inspecting the best management practice(s) that justify the credit. No credit will be authorized until the city council approves written policies to implement the system of credits; a copy of the approved policies shall be on file with the public works department.

(c) City council may modify the adopted system of credits to apply to future stormwater best management practices. Previously granted credits shall be grandfathered so that existing credits cannot be modified as long as the property owner continues to provide maintenance verification and meets the requirements of the maintenance agreement.

(d) Except for new construction, applications for credits will be made by each year by December 31, with an approved credit to be effective on the following July 1. Applications received between January 1 and July 1 of each year will be reviewed and an approved credit to be effective on the following July 1.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-42. - Petitions for adjustments.#

(a) Any property owner may request an adjustment of the stormwater utility fee by submitting a request in writing to the director within thirty (30) days after the date the bill is mailed or issued to the property owner. Grounds for adjustment of the stormwater utility fee are limited to the following:

(1) An error was made regarding the square footage of the impervious surface area of the property;

(2) The property is exempt under the provisions of section 14-36(g);

(3) There is a mathematical error in calculating the stormwater utility fee;

(4) The identification of the property owner invoiced is in error; or

(5) An approved credit was incorrectly applied.

(b) The property owner shall complete a petition for adjustment form available on the city's website or supplied by the director.

(c) If the applicant alleges an error in the amount of the impervious surface area, the applicant shall provide a plot, plan, or map showing all impervious surface areas within the property's boundaries, including buildings, patios, driveways, walkways, parking areas, compacted gravel areas, and any other separate impervious surface area structures. The applicant shall label dimensions of impervious surface area areas and showing the areas believed to be incorrect.

(d) The requirement for a plan view of the property's impervious surface area are required in subsection (b) above may be waived by the director, if at the sole discretion of the director the error is obvious and is the result of technical error or oversight by the city. In such case, the city shall be responsible for recalculating the impervious surface area of the property.

(e) The director shall make a determination within forty-five (45) days of receipt of a complete submittal for the request for adjustment. In the event that the director finds that the information provided in support of the request for an adjustment is deficient or incomplete, the director shall offer the owner sixty (60) days to supply the missing information. The forty-five (45) day time for a decision will begin at such time as the requested information is provided if the information requested is not provided to the director within sixty (60) days of the original request, the petition will be deemed withdrawn.

(f) Any owner and/or occupant requesting an adjustment of the stormwater utility fee who is aggrieved by a decision of the director may file an appeal with the Hopewell Circuit Court if allowed by state law.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-51. - Purpose and authority. (Code of Virginia § 61.1-44.15:27)#

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

(b) This chapter is authorized by the Code of Virginia § 62.1-44.15:27.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-52. - Definitions.#

In addition to the definitions set forth in 9VAC25-875-20 of the Virginia Erosion and Stormwater Management Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in article III of this chapter have the following meanings unless otherwise specified herein. Where definitions differ, those incorporated herein shall have precedence:

Administrator means the VESMP authority including the City of Hopewell staff person or department responsible for administering the VESMP on behalf of the locality, or the duly authorized agent of the administrator. Until amended by ordinance, the administrator for the City of Hopewell is the department of public works.

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

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

Chesapeake Bay Preservation Act land-disturbing activity means a land-disturbing activity including clearing, grading, or excavation that results in a land disturbance equal or greater than two thousand five hundred (2,500) square feet and less than one (1) acre in all areas of jurisdictions designated as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, § 62.1-44.15:75 et seq.

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

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

Clean Water Act or CWA means the Clean Water Act and applicable regulations published in the Code of Federal Regulations promulgated thereunder. For the purposes of this chapter, it includes state program requirements.

Department means the Department of Environmental Quality.

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

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

Land disturbance or land-disturbing activity means a man-made change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in section 14-53(c) of this article.

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

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

Operator means the owner or operator of any facility or activity subject to the VESMA and this article. In the context of stormwater associated with a large or small construction activity, operator means any person associated with a construction project that meets the either of the following two criteria:

The person has direct operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or
The person has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit or VESMP authority permit conditions (i.e., they are authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or comply with other permit conditions.)

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

Permittee means the person to whom the VESMP authority permit is issued.

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

Regulations means the Virginia Erosion and Stormwater Management Program (VESMP) Permit Regulations, 9VAC25-875, as amended.

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

State means the Commonwealth of Virginia.

State board means the state water control board.

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

State water control law means Code of Virginia, Tit. 62.1, Ch. 3.1 (§ 62.1-44.2 et seq.).

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

Stormwater means precipitation that is discharged across the land surface or through conveyances to one (1) or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.

Stormwater management plan means a document containing material describing methods for complying with the requirements of the VESMP.

Stormwater pollution prevention plan or SWPPP means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges. A SWPPP required under the VESMP for construction activities shall identify and require the implementation of control measures and shall include or incorporate by reference an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.

Subdivision means the same as defined in section 2-53 of the City of Hopewell's Subdivision Ordinance.

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

Virginia Erosion and Stormwater Management Act or VESMA means Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of the Code of Virginia.

Virginia Stormwater BMP Clearinghouse means a collection that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the VESMA and associated regulations.

Virginia Erosion and Stormwater Management Program or "VESMP" means a program established by the VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The program shall include such items as local ordinances, rules, requirements for permits and land-disturbance approvals, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement consistent with the requirements of the VESMA.

Virginia Erosion and Stormwater Management Program Authority or VESMP Authority means a locality that is approved by the department to operate the VESMP. For the purposes of this article, the City of Hopewell is the VESMP Authority.

(Ord. No. 2024-0723, 7-23-2024)

Article XIV. - Stormwater Management#

Sec. 14-53. - Stormwater permit requirement; exemptions.#

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

(b) A Chesapeake Bay Preservation Act Land-Disturbing Activity shall be subject to a soil erosion control and stormwater management plan consistent with the requirements of the Virginia Erosion and Stormwater Management Act, the technical criteria and administrative requirements for land-disturbing activities outlined in section 14-59, and the requirements for control measures long-term maintenance outlined under section 14-60, and provisions for inspections pursuant to 9VAC875-140 of the Regulations. Chesapeake Bay Preservation Act Land-Disturbing activities do not require completion of a registration statement or require coverage under the general permit. Exceptions may be requested pursuant to 9VAC25-875-170.

(c) Notwithstanding any other provisions of this article, the following activities are exempt, unless otherwise required by federal law:

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

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

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

(4) Land-disturbing activities that disturb less than one (1) acre of land area except for land-disturbing activity exceeding an area of two thousand five hundred (2,500) square feet in all areas of the jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC 25-830) adopted pursuant to the provisions of the Chesapeake Bay Preservation Act (Code of Virginia, § 62.1-44.15:67 et seq.) or activities that are part of a larger common plan of development or sale that is one (1) acre or greater of disturbance;

(5) Discharges to a sanitary sewer or a combined sewer system;

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

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

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

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-54. - Stormwater management program established; submission and approval of plans; prohibitions.#

(a) Pursuant to Code of Virginia, § 62.1-44.15:27 the City of Hopewell hereby establishes a Virginia Erosion and Stormwater Management Program for land-disturbing activities and adopts the applicable regulations that specify standards and specifications for VESMPs promulgated by the state board for the purposes set out in section 14-51 of this article. The city council of the City of Hopewell hereby designates the department of public works as the administrator of the Virginia Erosion and Stormwater Management Program.

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

(1) A permit application that includes a general permit registration statement, where applicable;

(2) A soil erosion control and stormwater management plan approved in accordance with the City of Hopewell's Erosion Control and Stormwater Management Ordinance, chapter 14 of the Hopewell City Code; and

(3) A stormwater management plan that meets the requirements of section 14-56 of this article, or an executed agreement in lieu of a erosion control and stormwater management plan, which shall be a contract on a form approved by the administrator between the City of Hopewell and the person who is applying for a permit that specifies methods that will be implemented to comply with the requirements of a VESMP for the construction of a single-family residence.

(d) No VESMP authority permit shall be issued until the fees required to be paid pursuant to section 14-64, are received, and if so required by the administrator, the land disturbance permit performance bond surely in the form of a letter of credit, corporate check, certified check or cash, has been posted by the applicant, per the city article II, bonds and agreements guidelines, and pursuant to section 14-65 of this article has been submitted.

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

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

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-55. - Stormwater pollution prevention plan; contents of plans.#

(a) The stormwater pollution prevention plan (SWPPP) shall include the content specified by section 9VAC25-875-500 and must also comply with the requirements and general information set forth in 40 CFR 540.21, section II [stormwater pollution prevention plan] of the general permit.

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

(c) The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with section 11 of the general permit, either electronically or in hard copy.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-56. - Stormwater management plan; contents of plan.#

(a) The stormwater management plan, required in section 14-54 of this article, must apply the stormwater management technical criteria set forth in section 14-59 of this article to the entire land-disturbing activity. Individual lots in new residential, commercial, or industrial developments shall not be considered separate land-disturbing activities. A stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff, and include the following information:

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

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

(3) A narrative describing the current site conditions and final site conditions, and which includes the following:

a. Existing and finished topography with a maximum of two-foot contour intervals with spot elevations where necessary. Plans depicting any off-site drainage area shall show off-site topography with a maximum of five-foot contour intervals.

b. Storm drainage systems, and all natural, artificial and man-made watercourses.

c. Storm sewers systems, to include the location, sizes, and inverts of the facilities and proposed extensions in and near the project.

d. Plans for collecting and depositing stormwater, (in accordance with the latest Virginia Stormwater Management Handbook) and method of treatment of natural, artificial and man-made watercourses, including a delineation of proposed limits of floodplains, if any, as created or enlarged by the proposed development.

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

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

a. The type of facilities;

b. Location, including geographic coordinates;

c. Acres treated; and

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

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

(7) Documentation and calculations verifying compliance with the water quality and quantity requirements of section 14-59 of this article.

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

a. All contributing drainage areas;

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

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

d. Current land use including existing structures, roads, and locations of known utilities and casements;

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

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

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

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

(b) If an operator intends to meet the water quality and/or quantity requirements set forth in section 14-59 of this article through the use of off-site compliance options, where applicable, then a Bill of Sale from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity except as otherwise allowed by Code of Virginia, § 62.1-44.15:35.

(c) Elements of the stormwater management plans that include activities regulated under Code of Virginia, Tit. 54.1 Ch. 4 (§ 54.1-400 et seq.) shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Code of Virginia, Tit. 54.1, Ch. 4, Art. I (§ 54.1-400 et seq.).

(d) A construction record drawing for permanent stormwater management facilities shall be submitted to the administrator. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. However, the administrator may elect not to require construction record drawings for stormwater management facilities for which maintenance agreements are not required pursuant to section 14-60(b).

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-57. - Pollution prevention plan; contents of plans.#

(a) Pollution prevention plan, required by 9VAC25875-520, shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention as specified in 40 CFR 450.21(d) to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to:

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

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

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

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

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

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

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

(4) Soaps or solvents used in vehicle and equipment washing.

(c) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls in accordance with 40 CFFR 450.21 (c).

(Ord. No. 2024-0723, 7-23-2024)

Article XIV. - Stormwater Management#

Sec. 14-58. - Erosion and sediment control plan; contents of plan.#

(a) An erosion and sediment control plan, which is a component of the ESM plan, shall be filed for a development and the buildings constructed within, regardless of the phasing of construction. The erosion and sediment control plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives in 9VAC25-875-560. The erosion and sediment control plan may include:

(1) Appropriate maps;

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

(3) A record of decisions contributing to conservation treatment.

(b) The person responsible for carrying out the plan shall provide the name of an individual holding a certificate who will be in charge of and responsible for carrying out the land-disturbing activity to the Office of Stormwater Management & Engineering.

(c) If individual lots or sections in a residential development are being developed by different property owners, all land-disturbing activities related to the building construction shall be covered by an erosion and sediment control or an "Agreement in Lieu of a Plan" signed by the property owner.

(d) Land-disturbing activity of less than 2,500 square feet on individual lots in a residential development shall not be considered exempt from the provisions of the VESMA if the total land-disturbing activity in the development is equal to or greater than 2,500 square feet.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-59. - Review of stormwater management plan.#

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

(1) The administrator shall determine the completeness of a plan in accordance with section 14-56 of this article, and shall notify the applicant, in writing, of such determination, within fifteen (15) calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete.

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

(3) The administrator shall review any plan that has been previously disapproved, within forty-five (45) calendar days of the date of resubmission.

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

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

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

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

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

(c) The administrator shall require the submission of a construction record drawing for permanent stormwater management facilities. The administrator may elect not to require construction record drawings for stormwater management facilities for which recorded maintenance agreements are not required pursuant to section 14-60(b).

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-61. - Technical criteria for regulated land-disturbing activities.#

(a) To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the City of Hopewell hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part II B of the Regulations, as amended, expressly to include Part V of 9VAC25-875 expressly to include 9VAC25-875-580 [water quality design criteria requirements]; 9VAC25-875-590 [water quality compliance]; 9VAC25-875-600 [water quantity]; 9VAC25-875-610 [offsite compliance options]; 9VAC25-875-620 [design storms and hydrologic methods]; 9VAC25-875-630 [stormwater harvesting]; 9VAC25-875-640 [linear development project]; and 9VAC25-875-650 [stormwater management impoundment structures or facilities], which shall apply to all land-disturbing activities, including all Chesapeake Bay Preservation Act land-disturbing activities, regulated by this article, except as expressly set forth in subsections (b), (d) and (e) below.

(b) Land-disturbing activities that obtain an initial permit or commence land disturbance prior to July 1, 2014, shall be conducted in accordance with the technical criteria of Article 4 (9VAC25-875-670 et seq.) of this part. Such projects shall remain subject to the technical criteria of Article 4 of this part for two additional permit cycles. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the board.

(c) Land-disturbing activities that obtain general permit coverage on or after July 1, 2014, shall be conducted in accordance with the technical criteria set forth in 9VAC25-875 of the Virginia Erosion and Stormwater Management Regulation.

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

(1) A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, a preliminary or final site plan, or any document determined by the City of Hopewell to be equivalent thereto (i) was approved by the City of Hopewell prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-876-670, (iii) will comply with technical criteria of Article 4 of Part V of 9VAC25-875, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorous leaving each point of discharge, and such that there is no increase in the volume or rate of runoff;

(2) A state permit has not been issued prior to July 1, 2014; and

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

(e) The City of Hopewell, state, and federal projects shall be considered grandfathered by the VESMP authority and shall be subject to the technical criteria of Article 4 of Part V of 9VAC25-875 provided:

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

(2) A state permit has not been issued prior to July 1, 2014; and

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

(f) Land-disturbing activities grandfathered under subsections (d) and (e) of this section shall remain subject to the technical criteria of Article 4 of the Part V of 9VAC25-875 the VESMP regulation for one (1) additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical requirements adopted by the board.

(g) In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical requirements of Article 4 of Part V of 9VAC25-875.

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

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-62. - Long-term maintenance of permanent stormwater facilities.#

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

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

(2) Be stated to run with the land;

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

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

(5) Be enforceable by all appropriate governmental parties.

(b) At the discretion of the administrator, such recorded instruments need not be required for permanent stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the administrator.

(c) If a recorded instrument is not required pursuant to subsection 14-60(b), the administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the administrator or any duly authorized agent of the administrator.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-63. - Monitoring and inspections.#

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

(1) Compliance with the approved erosion and sediment control plan;

(2) Compliance with the approved stormwater management plan or agreement in lieu;

(3) Development, updating, and implementation of a pollution prevention plan; and

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

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

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

(d) Pursuant to Code of Virginia, § 62.1-44.15:40, the administrator may require every VESMP authority permit applicant or permittee, or any such person subject to VESMP authority permit requirements under this article, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this article. [NOTE: Please see Code of Virginia, § 62.1-44.15:40 regarding protection of specified confidential information.]

(e) Post-construction inspections of stormwater management facilities required by the provisions of this article shall be conducted by the administrator or any duly authorized agent of the administrator pursuant to the City of Hopewell's adopted and state board approved inspection program, and shall occur, at minimum, at least once every five (5) years except as may otherwise be provided for in section 14-60.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-64. - Appeals.#

Any permit applicant or permittee, or person subject to article requirements, aggrieved by a permit or enforcement decision of the administrator may file an appeal with the Hopewell Circuit Court if allowed by state law.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-65. - Enforcement.#

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

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

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

Such orders shall be issued in accordance with the provisions of section 14-5(d) of the Hopewell City Code. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the administrator. However, if the administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with subsection 14-64(c).

(b) In addition to any other remedy provided by this article, if the administrator determines there is a failure to comply with the provisions of this article, the administrator may initiate such informal and/or formal administrative enforcement procedures in a manner authorized by this article, the City of Hopewell Code of Ordinances, and any applicable City of Hopewell policies. Such measures include, but are not limited to:

(1) With the consent of any person subject to a VESMP authority permit who has violated or failed, neglected, or refused to comply with any Ordinance or permit issued by the City of Hopewell; who has failed to comply with any decision of the administrator; or who has violated the terms of any order issued by the administrator, a consent special order issued pursuant to Code of Virginia, § 62.1-44.15:48. A consent special order shall order the person to comply with the terms of the order, as well as any provision of this article or decision by the administrator. Such special orders shall be issued in accordance with City of Hopewell procedures, including procedures for public notice and comment, unless issued as an emergency order consistent with (a) above. Consent special orders may include a civil charge for violations of the requirements listed above instead of civil penalties that could be imposed under this section. The City of Hopewell may proceed directly to use any other enforcement measures at its discretion.

(2) Special orders and emergency special orders issued pursuant to Code of Virginia, § 62.1-44.15:25.

(3) Any person violating or failing, neglecting or refusing to obey any rule, regulation, ordinance, order, or permit condition issued by the administrator or any other part of this article may be compelled in a proceeding instituted in any appropriate court by the City of Hopewell to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.

(4) Any person who violates any provision of this article or who fails, neglects, or refuses to comply with any order of the administrator or the City of Hopewell, shall be subject to a civil penalty not to exceed thirty-two thousand five hundred dollars ($32,500.00) for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. The City of Hopewell may issue a summons for the collection of the civil penalty and the action may be prosecuted in the appropriate court.

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

a. No state permit registration;

b. No SWPPP;

c. Incomplete SWPPP;

d. SWPPP not available for review;

e. No approved erosion and sediment control plan;

f. Failure to install stormwater BMPs or erosion and sediment controls;

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

h. Operational deficiencies;

i. Failure to conduct required inspections;

j. Incomplete, improper, or missed inspections; and

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

(5) Notwithstanding any other civil or equitable remedy provided by this section or by law, any person who willfully or negligently violates any provision of this article, any order of the administrator, any condition of a permit, or any order of a court shall, be guilty of a misdemeanor punishable by confinement in jail for not more than twelve (12) months or a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than thirty-two thousand five hundred dollars ($32,500.00), or both.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-66. - Fees.#

(a) Fees to cover costs associated with implementation of a VESMP related to land-disturbing activities and issuance of general permit coverage and VESMP authority permits shall be imposed in accordance with Table 1. When a site or sites has been purchased for development within a previously permitted common plan of development or sale, the applicant shall be subject to fees ("total fee to be paid by applicant" column) in accordance with the disturbed acreage of their site or sites according to Table 1.

Table 1: Fees for permit issuance. An applicant shall pay the fees provided below for initial issuance of general permit coverage and VESMP authority permit coverage. No more than fifty (50) percent of the total fee to be paid by the applicant shall be due at the time that a stormwater management plan or an initial stormwater management plan is submitted to the City of Hopewell for review. The balance shall be paid prior to the issuance of coverage under the general permit. When a site or sites are purchased for development within a previously permitted common plan of development or sale, the applicant shall be subject to fees in accordance with the disturbed acreage of their site or sites according to the following table.

Fee Type	Total fee to be paid by applicant (includes both VESMP authority and department portions where applicable)	Department portion of "total fee to be paid by applicant" (based on 28% of total fee paid*)
Chesapeake Bay Preservation Act Land-Disturbing Activity (not subject to general permit coverage; sites within designated areas of Chesapeake Bay Act localities with land disturbance acreage equal to or greater than 2,500 square feet and less than 1 acre)	$290.00	$0.00
General/stormwater management—Small construction activity/land clearing (areas within common plans of development or sale with land disturbance acreage less than 1 acre and, if required by state law, detached single-family residences within or without a common plan of development or sale with land disturbance acreage equal to or greater than one acre and less than five acres)	$290.00	$81.00 (except for detached single-family residences in which case, if required by law, $0.00 is paid to the department)
General/stormwater management—Small construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 acre and less than 5 acres, not to include detached single-family residences within or without a common plan of development or sale)	$2,700.00	$756.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres)	$3,400.00	$952.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres)	$4,500.00	$1,260.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres)	$6,100.00	$1,708.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 100 acres)	$9,600.00	$2,688.00

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

(b) Fees for the modification or transfer of registration statements from the general permit issued by the state board shall be imposed in accordance with Table 2. If the general permit modifications result in changes to stormwater management plans that require additional review by the City of Hopewell, such reviews shall be subject to the fees set out in Table 2. The fee assessed shall be based on the total disturbed acreage of the site. In addition to the general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage in Table 1. Fees specified in this subsection go to the City of Hopewell, Department of Public Works funding accounts for VESMP permits administration and CIP and operations maintenance activities related to city-wide drainage improvements.

Table 2: Fees for the modification or transfer of registration statements for the general permit for discharges of stormwater from construction activities.

Type of Permit	Fee Amount
General/stormwater management—Small construction activity/land clearing (areas within common plans of development or sale with land disturbance acreage less than 1 acre)	$20.00
General/stormwater management—Small construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 and less than 5 acres)	$200.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres)	$250.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres)	$300.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres)	$450.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 100 acres)	$700.00

(c) The following annual permit maintenance shall be imposed in accordance with Table 3, including fees imposed on expired permits that have been administratively continued. With respect to the general permit, these fees shall apply until the permit coverage is terminated. Fees specified in this subsection go to the City of Hopewell, Department of Public Works funding accounts for VESMP permits administration and CIP and operations maintenance activities related to city-wide drainage improvements.

Table 3: Permit maintenance fees.

Type of Permit	Fee Amount
Chesapeake Bay Preservation Act Land-Disturbing Activity (not subject to General Permit coverage; sites within designated areas of Chesapeake Bay Act localities with land disturbance acreage equal to or greater than 2,500 square feet and less than 1 acre)	$50.00
General/stormwater management—Small construction activity/land clearing (areas within common plans of development or sale with land disturbance acreage less than 1 acre)	$50.00
General/stormwater management—Small construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 1 acre and less than 5 acres)	$400.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres)	$500.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres)	$650.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres)	$900.00
General/stormwater management—Large construction activity/land clearing (sites or areas within common plans of development or sale with land disturbance acreage equal to or greater than 100 acres)	$1,400.00

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

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

(1) All persons seeking coverage under the general permit.

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

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

(4) Permit and permit coverage maintenance fees outlined under section 14-64(c) may apply to each general permit holder.

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

(1) Permittees who request minor modifications to general permits as defined in section 14-52 of this article. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that require additional review by the administrator shall not be exempt pursuant to this section.

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

(f) All incomplete payments will be deemed as nonpayment, and the applicant shall be notified of any incomplete payments. Interest may be charged for late payments at the underpayment rate set forth in Code of Virginia, § 58.1-15 and is calculated on a monthly basis at the applicable periodic rate. A ten (10) percent late payment fee shall be charged to any delinquent (over ninety (90) days past due) account. The City of Hopewell shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount.

(Ord. No. 2024-0723, 7-23-2024)

Sec. 14-67. - Performance bond. (Code of Virginia, § 62.1-44.15:34)#

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

(Ord. No. 2024-0723, 7-23-2024)