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Introduced Version House Bill 2796 History

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hb2796 intr
H. B. 2796


(By Delegates Susman, Mahan, Poling, Pino,
Staton, Manchin and Hrutkay)
[Introduced
March 1, 2005 ; referred to the
Committee on Political Subdivisions then the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8A-4-2a, relating to controlling post-construction storm water runoff from subdivisions and developments.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §8A-4-2a, to read as follows:
ARTICLE 4. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE.
§8A-4-2a. Additional required contents of subdivision and land development ordinance relating to control of storm water.

In addition to the requirements for a subdivision or land development ordinance set forth in subsection (a) of section two of this article, each subdivision and land development ordinance established by the governing body of a municipality or a county shall contain by July 1, 2006, the following minimum requirements and controls to protect the general health, safety and welfare of the public residing in the affected watersheds:
(1) An articulated, reasonably-estimated storm risk based on historic rain fall data, to be used to establish requirements for managing the rate, timing and volume of stormwater runoff;
(2) A requirement that all site designs shall establish stormwater management practices to control the peak flow rates of stormwater discharge associated with the ordinance's reasonably estimated storm risk to reduce the generation of stormwater runoff. These practices should seek to use areas pervious to rain water for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity;
(3) Where necessary to protect areas adjoining or downstream from the subdivision or development, a requirement for adequate retaining impoundments and required provisions for the continued safe management of the impoundments;
(4) Provision that no land owner or land operator may receive any building, grading or other land development permit required for land disturbance activities without first meeting the requirements of the subdivision and land development ordinance;
(5) Provision that exemptions or waivers of stormwater management requirements may not be granted unless acceptable and effective mitigation measures are provided to prevent deterioration of downstream waterway structures such as culverts, bridges and dams; degradation of biological functions or habitat; accelerated stream and/or streambed erosion or siltation; and increased threat of flood damage to public health, life and property;
(6) Provision that stormwater management practices shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities.
(7) Requirement that all stormwater management practices have a landscaping plan detailing both the vegetation to be in the practice and how and who will manage and maintain this vegetation; and
(8) Provision that post construction storm water runoff control requirements apply to all developments six thousand square feet or larger in size. The requirements also apply to developments smaller than six thousand square feet if the amount of constructed surface impervious to rain created at the development exceeds one thousand square feet: Provided, That the smaller subdivision or development is not part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.



NOTE: The purpose of this bill is to require additional stormwater management provisions in county and municipal ordinances regulating subdivisions and land development.

This is new; therefore, strike-throughs and underscoring have been omitted.
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