A few weeks ago, I noted that the Town of Christiansburg had finally posted all of Chapter 10 of the Town Code on the Town’s website. That was the only chapter of the code that I had found that was not posted in its entirety. I figured that maybe it was because things were being updated.
While the full document has been available at MyVAResources.com for over a year (including all 3 Articles), the Town had only posted Article I (Erosion and Sediment Control. Article II (Stormwater Management) and Article II (Illicit Discharge) were omitted from the Town’s website.
Once the Town loaded the missing sections, I decided to compare it to what I had received to see what changes had been made. There were absolutely NO changes to Articles II and III. Those had just been omitted from the website for months with no apparent reason.
There were, however, a few changes found in Article I which had been previously posted but has now been reposted with those changes included. It appears that some of those changes may have been related to the DCR report I have been writing about. In summary, here are the changes that I found:
Article I. Erosion and Sediment Control
Sec. 10-1 Definitions
Added:
Department means the Department of Conservation and Recreation
Development means a tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units.
Natural channel design concepts means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.
Peakflow rate means the maximum instantaneous flow from a given storm condition at a particular location.
Permittee means the person to whom the permit authorizing land-disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed.
Person means any individual, partnership, form, 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.
Program Authority means the Town of Christiansburg which has adopted a soil erosion and sediment control program that has been approved by the Board.
Runoff volume means the volume of water that runs off the land development project from a prescribed storm event.
Single-family residence means a noncommercial dwelling that is occupied exclusively by one family.
Water quality volume means the volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project.
Sec. 10-4. Local program; adoption of state standards and regulations.
Added:
(f) In accordance with, §10.1-561 of the Code of Virginia, stream restoration and relocation projects that incorporate natural channel design concepts are not man-made channels and shall be exempted from any flow rate capacity and velocity requirements for natural or man-made channels.
(g) In accordance with §10.1-561 of the Code of Virginia, any land-disturbing activity that provides for stormwater management intended to address any flow rate capacity and velocity requirements for natural or manmade channels if the practices are designed to (I) detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5, 2, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or manmade channels.
Sec. 10-5. Erosion and sediment control plan—When required; exceptions.
Added:
(h) Variances: The plan-approving authority may waive or modify any of the standards that are deemed to be too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions:
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At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the plan-approving authority shall be documented in the plan.
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During construction, the person responsible for implementing the approved plan may request a variance in writing from the plan-approving authority. The plan-approving authority shall respond in writing either approving or disapproving such a request. If the plan-approving authority does not approve a variance within 10 days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation.
(I) In accordance with the procedure set forth by §10.1-563 (E) of the Code of Virginia, any person engaging in the creation and operation of wetland mitigation banks in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation banks, pursuant to a permit issued by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation banks annually with the Board for review and approval consistent with guidelines established by the Board.
Sec. 10-9. Monitoring, reports and inspections.
Added:
(f) Inspection frequency shall be in accordance with 4VAC 50-30-60.
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Those are all of the changes that were made when Article I was updated, but as you will note, they were some fairly important issues. I have added links to the specific codes referenced so that you can look further into the issues if you wish.
The most significant issue all of this (DCR Corrective Action, updating of codes only when forced to) brings to me is one question. How common is this type of issue throughout the Town Code? What other areas are audited and by whom? If these types of changes were initiated by the State years ago and only now being applied (by force) to the Town of Christiansburg, what other issues have been treated the same way?
This disregard for keeping codes current that are so closely related to health, welfare, safety, property values, insurance rates, etc. is unacceptable. Reading the full document, it shows clearly exactly how impotent the Town Council is once a property has been rezoned. Virtually nothing can be done by way of enforcement of these ordinances without the willingness and action taken by the Town Manager. The Town Council has no control except to control the behavior or OR the identity of the Town Manager.
These changes are a least part of the ones that were voted on back in December as updating the ordinance following a DCR audit. It is nice to see that something has finally arrived to show what Town Council voted on at that meeting. But, I can’t help but wonder, given the pattern of behavior here, if there are not possibly other changes the Council voted on at that time that still haven’t seen the light of day.
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Design Requirements – Context Sensitive Street Design (Page 39 and section 30-92-120 within the SSAR)
