Subject:
Title
9:00 p.m. - 9:30 p.m. - Request to Update the Town Code - Chapter 23: Environmental Controls with the Updated Revised Consolidated Virginia Erosion and Stormwater Management
(VESM) Model Ordinance
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
N/A
EXPLANATION AND SUMMARY:
Background:
Chapter 23 (Environmental Controls) of the current Code of the Town of Vienna contains separate sections for erosion (Ch. 23, Article 2) and stormwater management (Ch. 23, Article 3).
In June 2023, the State Water Control Board approved and adopted the Virginia Erosion and Stormwater Management (VESM) Regulation, which repeals the existing Erosion and Sediment Control Regulations and Virginia Stormwater Management Program Regulations. The updated regulation is known as the “Consolidation Bill” and combines requirements for stormwater management and erosion and sediment control and will be effective July 1, 2024.
The Virginia Department of Environmental Quality (DEQ) has provided a model ordinance to all municipalities who will need to update their existing ordinances and combine stormwater management and erosion and sediment control to reflect the new law and regulations by July 1, 2024.
Request:
The Department of Public Works (DPW) requests approval to replace the existing Chapter 23 - Environmental Controls to reflect the consolidated state regulations with a revised model ordinance (Attachment 1) to incorporate references to the new state regulations while also keeping existing Town-specific requirements pertaining to enforcement and fees in the existing Town code.
Discussion:
The requirements of the updated consolidated model ordinance have minimal changes and DPW has provided a comparison of the revised/updated consolidated model ordinance and the original model ordinance provided by DEQ (Attachment 2).
The aforementioned Town-specific requirements in the updated consolidated model ordinance include the following:
- Adherence to the standards set by Fairfax County Public Facilities Manual
- Requirement of a Stormwater Maintenance Agreement for private stormwater maintenance facilities.
- Establishment of right-of-entry protocols for erosion and stormwater inspections.
- Requirement for 1-year warranty on plantings.
- Allowance of off-site compliance and requirements and use of purchased nutrient credits.
- Town-specific details establishing enforcement authority, penalties, fines, and fee amounts.
DEQ is not required to review or approve changes to the Town’s local ordinance, but the Town of Vienna is required to submit a report to DEQ with any more stringent requirements enacted by the Town of Vienna.
Next Steps: Enaction of updated consolidated model ordinance. Submit report to DEQ with more stringent requirements enacted by the Town of Vienna.
Expected Completion Time Frame: Enacted immediately after Town Council approval
Strategic Plan Initiative: Environmentally Sustainable Community
Departmental Recommendation: Recommend approval.
Finance Recommendation:
Purchasing Recommendation:
Town Attorney Recommendation: Earlier in 2024, The Town received a suggested “model ordinance” from its MS4 Permit Consultant with the suggestion that the Town quickly adopt the mandated provisions for state required stormwater management and erosion control (current Town Code provisions found in Chapter 23). In coordination with the Department of Public Works, an updated Chapter 23 has been prepared that contains the new required state provision but keeps specific Town provisions deemed appropriate and not contrary to state law. The Town Attorney recommends adopting the proposed new Chapter 23. The Town must adopt the state mandated provisions prior to July 1, 2024.
Town Manager's Recommendation: I recommend the Town Council approve the revised consolidated model ordinance to replace Chapter 23 - Environmental Controls of the Town Code, as presented.
Cost and Financing: N/A
Account Number: N/A
Prior Funding Approval: N/A
Decision Needed by This date: June 3, 2024
PROPOSED/SUGGESTED MOTION
Recommended Action
"I move to approve the revised consolidated model ordinance to replace Chapter 23 - Environmental Controls of the Town Code.”
Or
Other action deemed necessary by Council.