CHAPTER 452
An Act to amend and reenact § 15.2-2114 of the Code of
Virginia, relating to local regulation of stormwater management programs.
[H 1737]
Approved March 24, 2011
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2114 of the Code of Virginia is amended
and reenacted as follows:
§ 15.2-2114. Regulation of stormwater.
A. Any locality, by ordinance, may adopt a stormwater
control program consistent with Article 1.1 (§ 10.1-603.1 et seq.) of Chapter 6
of Title 10.1, or any other state or federal regulation, by establishing establish
a utility or enacting enact a system of service charges.
Income derived from these charges shall be dedicated special revenue and may be
used only to pay or recover costs for the following to support a local
stormwater management program consistent with Article 1.1 (§ 10.1-603.1 et
seq.) of Chapter 6 of Title 10 or any other state or federal regulation
governing stormwater management. Income derived from a utility or system of
charges shall be dedicated special revenue, may not exceed the actual costs
incurred by a locality operating under the provisions of this section, and may
be used only to pay or recover costs for the following:
1. The acquisition, as permitted by § 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 such programs;
3. Engineering and design, debt retirement, construction
costs Planning, design, engineering, construction, and debt retirement
for new facilities and enlargement or improvement of existing facilities,
including the enlargement or improvement of dams, levees, floodwalls, and
pump stations, whether publicly or privately owned, that serve to control
stormwater; however, prior to adoption of any ordinance pursuant to this
section related to the enlargement or improvement of privately owned dams, a
locality shall comply with the notice provisions of § 15.2-1427 and hold a
public hearing;
4. Facility operation and maintenance, including the
maintenance of dams, levees, floodwalls, and pump stations, whether
publicly or privately owned, that serve to control the stormwater; however,
prior to adoption of any ordinance pursuant to this section related to the
maintenance of privately owned dams, a locality shall comply with the notice
provisions of § 15.2-1427 and hold a public hearing;
5. Monitoring of stormwater control devices and ambient
water quality monitoring; and
6. Pollution control and abatement, consistent with state
and federal regulations for water pollution control and abatement; and 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.
7. Planning, design, land acquisition, construction,
operation and maintenance activities.
B. The charges may be assessed to property owners or
occupants, including condominium unit owners or tenants (when the tenant is the
party to whom the water and sewer service is billed), and shall be based upon their
contributions to stormwater runoff; however, prior an analysis that
demonstrates the rational relationship between the amount charged and the
services provided. Prior to adopting such a system, a public hearing shall
be held after giving notice as required by charter or by publishing a
descriptive notice once a week for two successive weeks prior to adoption in a
newspaper with a general circulation in the locality. The second publication
shall not be sooner than one calendar week after the first publication. However,
prior to adoption of any ordinance pursuant to this section related to the
enlargement, improvement, or maintenance of privately owned dams, a locality
shall comply with the notice provisions of § 15.2-1427 and hold a public
hearing.
C. A locality adopting such a system shall provide for
full waivers of charges to the following:
1. A federal, state, or local government, agencies
when the agency owns and provides for maintenance of storm drainage and
stormwater control facilities or is a unit of the locality administering the
program. A locality shall also provide full waivers of charges for or
public entity, that holds a permit to discharge stormwater from a municipal
separate storm sewer system; except that the waiver of charges shall apply only
to property covered by any such permit; and
2. Public roads and public street rights-of-way
that are owned and maintained by state or local agencies including property
rights-of-way acquired through the acquisitions process.
D. A locality adopting such a system shall also
provide for full or partial waivers of charges to any person who develops,
redevelops or retrofits outfalls, discharges or property so that there is a
permanent reduction in post-development stormwater flow and pollutant loading
installs, operates, and maintains a stormwater management facility that
achieves a permanent reduction in stormwater flow or pollutant loadings.
The locality shall base the amount of the waiver in part on the percentage
reduction in both stormwater flow and pollutant loading, from predevelopment
to postdevelopment stormwater flow or pollutant loadings, or both, from
pre-installation to post-installation of the facility. No locality shall
provide a waiver to any person who does not obtain a stormwater permit from the
Department of Conservation and Recreation or the Department of Environmental
Quality when such permit is required by statute or regulation.
E. A locality adopting such a system may also
provide for full waiver or partial waivers of charges to
cemeteries. Income derived from service charges may not exceed the actual
costs incurred by a locality operating under the provisions of this title,
property owned or operated by the locality administering the program, and
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 stormwater management
system.
C F. Any locality may issue general obligation
bonds or revenue bonds in order to finance the cost of infrastructure and
equipment for a stormwater control program. Infrastructure and equipment shall
include structural and natural stormwater control systems of all types,
including, without limitation, retention basins, sewers, conduits, pipelines,
pumping and ventilating stations, and other plants, structures, and real and
personal property used for support of the system. The procedure for the
issuance of any such general obligation bonds or revenue bonds pursuant to this
section shall be in conformity with the procedure for issuance of such bonds as
set forth in the Public Finance Act (§ 15.2-2600 et seq.).
D G. In the event charges are not paid when due,
interest thereon shall at that time accrue at the rate, not to exceed the
maximum amount allowed by law, determined by the locality until such time as
the overdue payment and interest are paid. Charges and interest may be
recovered by the locality by action at law or suit in equity and shall
constitute a lien against the property, ranking on a parity with liens for
unpaid taxes. The locality may combine the billings for stormwater charges with
billings for water or sewer charges, real property tax assessments, or other
billings; in such cases, the locality may establish the order in which payments
will be applied to the different charges. No locality shall combine its
billings with those of another locality or political subdivision, including an
authority operating pursuant to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2,
unless such locality or political subdivision has given its consent by duly
adopted resolution or ordinance.
E H. Any two or more localities may enter into
cooperative agreements concerning the management of stormwater.
2. The provisions of this act shall not be construed to
invalidate the provisions of any local ordinance legally adopted prior to July
1, 2011.
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