Compliance with the City of Norfolk stormwater regulations is required to ensure the general health, safety, and welfare of the citizens of the City of Norfolk (City) and protect the quality of state waters from the potential harm of unmanaged stormwater runoff, including protection from a land disturbing activity causing unreasonable degradation of properties, water quality, stream channels and other natural resources, and, in accordance with Code of Virginia, § 62.1-44.15:27, to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced. Stormwater runoff is flow overland from precipitation that accumulates in and flows through natural or man-made conveyance systems during rainfall events or from snowmelt.
As a Phase I MS4 the City of Norfolk is required by the Chesapeake Bay Preservation Act to address post construction runoff from new development or redevelopment. Stormwater best management practices (BMPs) are installed to ensure water quality and quantity standards are met to reduce pollution and flooding.
Structural BMPs are designed to be permanent facilities that collect stormwater runoff to remove pollutants prior to releasing the water to a local waterway. Some examples of BMPs include, but are not limited to, detention basins, retention basins, infiltration practices, bioretention basins, manufactured systems, and grassed swales.
BMPs are to be maintained by owners to ensure they are functioning as designed. To ensure BMPs are maintained, inspections of BMPs are conducted by a City of Norfolk inspector on an annual basis. BMPs are inspected according to the Virginia Stormwater Management Handbook and approved site plans.
(a) Post-construction requirement of permanent best management practices:
(i) Land development that meets the requirements of Section 26-186 and 26-187 must address storm water runoff quality through the use of permanent best management practices. Permanent best management practices shall be provided for in the drainage plan for any subdivision plat, annexation plat, development agreement, subdivision agreement or other local development plan.
(ii) Structural best management practices located on private property shall be owned and operated by the owner(s) of the property on which the best management practice is located; unless the city agrees in writing that a person or entity other than the owner shall own or operate said best management practice. As a condition of approval of the best management practice, the owner shall also agree to maintain the best management practice in perpetuity to its design capacity unless, or until, the city shall relieve the property owner of that responsibility in writing. The obligation to maintain the best management practice shall be memorialized on the subdivision plat, annexation plat, development agreement, subdivision agreement or other form acceptable to the city.
(b) Certification of permanent best management practices:
(i) Plan submittal must be made by a Nebraska Registered Professional Engineer.
(ii) Upon completion of a project, and before a certificate of occupancy shall be granted, the city shall be provided a written certification stating that the completed project is in compliance with the approved Final Storm Water Plan. All applicants are required to submit "as built" plans for any permanent best management practices once final construction is completed and must be certified by a professional engineer licensed in the State of Nebraska. A final inspection by the city of all Post-construction best management practices shall be required before a Certificate of Occupancy will be issued or any public infrastructure is accepted.
(c) Ongoing inspection and maintenance of permanent best management practices:
(i) The owner of site must, unless an on-site storm water management facility or practice is dedicated to and accepted by the city, execute an inspection and maintenance agreement, that shall be binding on all subsequent owners of the permanent best management practices.
(ii) Permanent best management practices included in a Final Storm Water Plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this Ordinance.
Sec. 41.1-5. - Failure to install or maintain stormwater best management practice.
It shall be unlawful to neglect or fail to install or maintain a stormwater best management practice as shown on an approved site plan where the stormwater best management practice has been reviewed and approved by the stormwater management division of the department of public works.
Sec. 26-190. Post Construction Ordinance