1966, the Board of Supervisors adopted a resolution to establish a
multi-phased program for surface water quality protection in
Fauquier County. That
program would result in the establishment and addition of a
Stormwater Management Ordinance into the Fauquier County Code.
No deadline for completion was established.
However, since that time it has become abundantly clear
with the development pace that the County now needs to have such
an ordinance in place.
1999, the Virginia Department of Conservation and Recreation (DCR)
released in 1999 the Stormwater Management Handbook, which
provided basic guidance on how to comply with the regulations
adopted by the General Assembly.
the conclusion of adopting the Erosion and Sediment Control
amendment to the Fauquier County Code in FY 2002, the Board of
Supervisors noted other related tasks needing attention.
One of those related tasks is the design and adoption of
the requisite Stormwater Management Ordinance (SWMO) this year.
That task became a Department and County Engineer priority.
Note that the proposed ordinance, included as Attachment 1,
will be in addition to, but will not replace the Erosion and
Sediment Control Ordinance, both of which will be located in the
Fauquier County Code.
proposed ordinance is based on the DCR model ordinance.
The proposal addresses and establishes Best Management
Practices (BMP) countywide for quality control, stormwater
management design requirements to address two and ten year
flooding, criteria for redevelopment, and concept plans.
The baseline technical documents for establishing ordinance
design guidelines and made part of the proposed code regulations
by reference are the: Virginia
Stormwater Management Handbook (Prepared by the Virginia
Department of Conservation and Recreation), Northern Virginia BMP
Handbook (Prepared by the Northern Virginia Planning District
Commission and the Engineers and Surveyors’ Institute), and
Virginia Erosion and Sediment Control Handbook (Prepared by the:
Virginia Department of Conservation and Recreation).
draft SWMO has been submitted to the Virginia Department of
Conservation and Recreation (DCR) for their review and comment to
ensure compliance with state requirements, as they pertain to
localities adopting a stormwater management (SWM) program.
The draft SWMO was approved by DCR with minor edits.
The revised draft SWMO was forwarded to the County Legal
Department for review. Recommended
refinements from both DCR and County Legal were incorporated into
the draft SWMO.
A technical review group was established to
provide technical input and assist in editing and critiquing the
information contained in the draft SWMO.
This group included participants from large and small
engineering firms representing the interests of their clients both
large and small, as well as their own professional and technical
backgrounds, the independent builder/developer, environmental
special interest organizations, and relevant state agencies.
Two “Round-Table” meetings were held with this group
between February and March of this year.
Comments arising from the groups’ involvement have been
incorporated into a refined draft SWMO.
Planning Commission had a March, 2002 briefing and an April, 2002
work session on the draft ordinance, and completed the public
hearing at its May, 2002 meeting.
Comments arising out of these actions were incorporated
into the final draft SWMO (refer to section below entitled
“Comments from the Public”).
the conclusion of its June meeting, the Planning Commission
forwarded the final draft SWMO to the Board of Supervisors with
minor clarification edits and a recommendation for approval.
from the Public:
issue which raised the most concern has been the use of the
language that downstream properties and waterways will be
protected from “increases in volume, velocity, and peak flow
objection is that there will be increases in volume if any
development occurs. The
staff’s position is that downstream properties need to be
protected from affects of upstream development.
The wording used in the proposed document is used in both
the Virginia Erosion and Sediment Control Handbook and the
Virginia Stormwater Management Handbook written by DCR.
The staff and Planning Commission have retained the
language as presented in these documents.
A second issue is with some of the
definitions used in the proposed ordinance.
Some in the engineering community believe that the
definitions presented are either confusing or too strict, while
some believe we should use the “federal” definitions for
items. The staff has
chosen to use the state definitions that were provided through the
Virginia Department of Conservation and Recreation.
The Planning Commission concurs that, for consistency
purposes, the state definitions need to be used.
Any future changes to those state definitions need to be
reflected within the Fauquier County Code.
Final Refinements Since the August 19, 2002
Exemptions. A minor refinement to
the exemption language is located in Attachment 2 (p.2, number 7).
That proposed exemption is for “Residential subdivisions
in which all lots are greater than 5 acres or residential
subdivisions with a total of 3 or fewer lots.”
Grandfather Clause for the Ordinance Amending Chapter 11 of the
Fauquier County Code. Concerns were recently
raised regarding the proposed code change and its impact on
pending applications that have been filed. The final paragraph in
Attachment 1 states that any final construction plans, which have
been submitted and accepted as complete for stormwater management
review shall be subject to the terms and conditions of the