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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