AGENDA DATE: 6/13/2018
TITLE:
Title
Virginia Stormwater Management Program (VSMP) Signing Authority
BODY
SUBJECT/PROPOSAL/REQUEST: Resolution to authorize the County Executive to sign Virginia Stormwater Management Program (VSMP) applications submitted by the County on behalf of the County.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Henry, Kamptner, Blair, Pohl, Abplanalp
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: The Virginia Department of Environmental Quality (VaDEQ) is responsible for regulating discharge from stormwater systems resulting from development and other land disturbing activities under the Virginia Stormwater Management Program (VSMP). On July 1, 2014, VaDEQ mandated that Albemarle County accept the responsibility for administering the VSMP within Albemarle County. The Community Development Department is responsible for ensuring that every new and existing construction project has a VSMP permit and is in compliance with the terms of that permit and Virginia code. A VSMP application must be approved as a prerequisite to the issuance of a land disturbance permit. The VSMP application must be signed by the property owner, who certifies compliance with all requirements of the approved plans and permits.
In limited circumstances when the County designs and constructs projects - building additions or new sidewalks - and is the property owner of the land being disturbed, the County acts as both permittee and permit issuer. As permittee, the County is required to submit a VSMP application. Under the current practice, the Board of Supervisors approves and authorizes the County Executive to sign these VSMP permits on a case-by-case basis.
Occasionally, a County project is located on private property on which the property owner has granted an easement to the County to complete the work. For those projects, landowners sometimes refuse to certify that the County will comply with...
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