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    Sec. 16.2-8. Definitions.

     

    Sec. 16.2-8. Definitions.
     
    Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
     
    (1) "Administrator" means the VSMP authority including the City of Lynchburg department or staff person responsible for administering the VSMP on behalf of the locality.

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

    (3) "Applicant" means any person submitting an application for a permit or requesting issuance of a permit under this Ordinance.

    (4) "Best management practice (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.

    (5) "Board" means the State Water Control Board.
     
    (6) "Channel" means a natural or manmade waterway.
     
    (7) "Clean Water Act" or "CWA" means the federal Clean Water Act (33 USC § 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. 

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

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

    (10) "Control measure" means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.
     
    (11) “Department” means the Department of Environmental Quality.

    (12) "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.

    (13) "Disturbed area" means all ground surface area which will be physically impacted by construction activities, including material storage areas and adequate vehicular access routes to all construction activities. No construction activity including material storage and vehicle access will be permitted outside the area designated as ‘disturbed area’ on the approved plan. If use of such area is desired, a plan revision must be submitted for review and approval prior to such use.

    (14) "Flooding" means a volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, causing or threatening damage.

    (15) "Floodplain" means those areas adjacent to a channel, river stream, or other water body that is susceptible to being inundated by water normally associated with the 100-year flood or storm event. This includes, but is not limited to, the floodplain designated by the Federal Emergency Management Agency.

    (16) "General  permit"  means  the  state  permit  titled  general permit for discharges of stormwater from construction activities found at 9VAC25-880-1 et seq. of the Regulations authorizing a category of discharges under the CWA and the Act within a geographical area of the Commonwealth of Virginia.

    (17) "Illicit discharge" means any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater, except discharges pursuant to a Virginia Pollutant Discharge Elimination System (VPDES) permit. This definition shall not include the discharges listed in Sec. 16.2-71(b) unless the city identifies such discharges as sources of pollutants to state waters.

    (18) "Impervious cover" means a surface composed of material that significantly impedes or prevents natural infiltration of water into soil. For the purposes of billing stormwater utility fees as provided in chapter 16.3 of city code, impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.

    (19) "Infiltration facility" means a stormwater management facility, which temporarily impounds runoff and discharges it via infiltration through the surrounding soil. While an infiltration facility may also be equipped with an outlet structure to discharge impounded runoff, such discharge is normally reserved for overflow and other emergency conditions. Since an infiltration facility impounds runoff only temporarily, it is normally dry during non-rainfall periods. Infiltration basin, infiltration trench, infiltration dry well, and porous pavement shall be considered infiltration facilities.

    (20) "Inspection" means an on-site review of the project's compliance with the permit or state permit, the local stormwater management program, and any applicable design criteria, or an on-site review to obtain information or conduct surveys or investigations necessary in the implementation of this chapter. management program, and any applicable design criteria.

    (21) "Land disturbance" or "land-disturbing activity" means a manmade change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in Section 16.2-9 of this chapter.

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

    (23) "Linear development project" means a land-disturbing activity that is linear in nature such as, but not limited to the construction of (i) electric and telephone utility lines and natural gas pipelines; (ii) tracks, rights-of-way, bridges, communication facilities or other related structures of a railroad company; (iii) highway reconstruction projects; (iv) construction of stormwater channels and stream restoration activities; and water and sewer lines. Private subdivision roads or streets shall not be considered linear development.

    (24) "Local stormwater management program" or "local program" means a statement of the various methods adopted by this chapter and implemented by the City of Lynchburg to manage the runoff from land development projects with provisions to require the control of post-development stormwater runoff rate of flow and may include such items as local ordinances, policies and guidelines, technical materials, inspections, enforcement and evaluation.

    (25) "Minor modification" means, for the purposes of this chapter, minor modification or amendment of an existing state permit before its expiration for the reasons listed at 40 CFR 122.63 and as specified in 9VAC25-870-640. Minor modification for the purposes of this chapter also means other modifications and amendments 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 state permit modification or amendment does not substantially alter state 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.

    (26) "Onsite stormwater management facilities" means facilities, which are designed to control stormwater runoff emanating from a specific site, at the specific site.

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

    (28) "Percent impervious" means the impervious area within the site divided by the total area of the site multiplied by one hundred (100).

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

    (30) "Permittee" means the person to whom the VSMP Authority Permit is issued.

    (31) "Person" means any individual, partnership, firm, association, public or private corporation, commission, city, town or other political subdivision of the Commonwealth, state or political subdivision of a state, governmental body, including federal, state or local entity as applicable, any interstate body or any other legal entity.

    (32) "Planning area" means a designated portion of the parcel on which the land development project is located. Planning areas shall be established by delineation on a master plan. Once established, planning areas shall be applied consistently for all future projects.

    (33) "Plan approving authority" refers to the administrative person or body responsible for the review and approval of land development and stormwater management in the jurisdiction in which the project is located.

    (34) "Pollution prevention plan" means a stand alone management document that provides information on the facility operations that directly or indirectly produce waste or use toxic substances. This written plan will record the toxic substance use, emissions, and waste from current work practices, outline potential pollution prevention opportunities and provide specific performance goals including a schedule for implementing these pollution prevention activities.

    (35) "Post-development" refers to conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land.

    (36) "Pre-development" refers to the land use conditions that exist at the time that plans for the land development are submitted for approval. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.); the existing land use conditions at the time the first item/phase is submitted shall establish pre-development conditions.

    (37) "Regional stormwater management facility" or "regional facility" means a facility or series of facilities designed to control stormwater runoff from a specific contributing watershed area, although only portions of the watershed may experience land development.

    (38) "Regional stormwater management plan" or "regional plan" means a document containing material describing how runoff from open space, existing development and future planned development areas within a watershed will be controlled by coordinated design and implementation of regional stormwater management facilities.

    (39) "Runoff" means stormwater runoff.

    (40) “Regulations” means the Virginia Stormwater Management Program Regulations (9VAC25-870 et seq.) as amended.

    (41) "Sanitary sewer system" means the pipelines, conduits, pumping stations, force mains, and other structures, devices, appurtenances, and facilities for collecting and conveying domestic, commercial and industrial sanitary wastewater.

     

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

    (43) “State” means the Commonwealth of Virginia.

    (44) “State Board" means the Virginia State Water Control Board.

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

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

    (47) "State waters" means all waters, on the surface or under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.

    (48) "Storm sewer system" means stormwater management system.

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

    (50) "Stormwater management" is the design and use of structural or nonstructural practices to achieve the responsible discharge of stormwater runoff as defined by the requirements of this ordinance.

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

    (52) "Stormwater management plan" or "plan" means a document describing how a land development project shall comply with the requirements of this chapter.

    (53) "Stormwater management system" means one of or a series of structural and non-structural stormwater management facilities and best management practices.

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

    (55) "Subdivision" means the division of a parcel of land into five (5) or more lots or parcels of less than five (5) acres each for the purpose of transfer of ownership or building development, or, if a new street is involved in such division, any division of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

    (56) “Virginia Stormwater Management Act means Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.

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

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

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

    (60) "Virginia stormwater management program authority" or "VSMP authority" means an authority  approved  by  the  State  Board  after  September  13,  2011,  to  operate  a  Virginia Stormwater Management Program.

    (61) "Watershed" means a defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet. In karst areas, the karst feature to which the water drains may be considered the single outlet for the watershed. (Ord. No. O-01-079, 4-24-01, eff. 5-1-01; Ord. No. O-07-047, 4-10-07; Ord. No. O-14-070, 6-10-14)