A. Any locality, by ordinance, may adopt a stormwater control programconsistent with Article 1.1 (§ 10.1-603.1 et seq.) of Chapter 6 of Title10.1, or any other state or federal regulation, by establishing a utility orenacting a system of service charges. Income derived from these charges shallbe dedicated special revenue and may be used only to pay or recover costs forthe following:
1. The acquisition, as permitted by § 15.2-1800, of real and personalproperty, and interest therein, necessary to construct, operate and maintainstormwater control facilities;
2. The cost of administration of such programs;
3. Engineering and design, debt retirement, construction costs for newfacilities and enlargement or improvement of existing facilities, includingthe enlargement or improvement of dams, whether publicly or privately owned,that serve to control stormwater; however, prior to adoption of any ordinancepursuant to this section related to the enlargement or improvement ofprivately owned dams, a locality shall comply with the notice provisions of §15.2-1427 and hold a public hearing;
4. Facility maintenance, including the maintenance of dams, whether publiclyor privately owned, that serve to control the stormwater; however, prior toadoption of any ordinance pursuant to this section related to the maintenanceof privately owned dams, a locality shall comply with the notice provisionsof § 15.2-1427 and hold a public hearing;
5. Monitoring of stormwater control devices;
6. Pollution control and abatement, consistent with state and federalregulations for water pollution control and abatement; and
7. Planning, design, land acquisition, construction, operation andmaintenance activities.
B. The charges may be assessed to property owners or occupants, includingcondominium unit owners or tenants (when the tenant is the party to whom thewater and sewer service is billed), and shall be based upon theircontributions to stormwater runoff; however, prior to adopting such a system,a public hearing shall be held after giving notice as required by charter orby publishing a descriptive notice once a week for two successive weeks priorto adoption in a newspaper with a general circulation in the locality. Thesecond publication shall not be sooner than one calendar week after the firstpublication. A locality adopting such a system shall provide for full waiversof charges to federal, state, or local government agencies when the agencyowns and provides for maintenance of storm drainage and stormwater controlfacilities or is a unit of the locality administering the program. A localityshall also provide full waivers of charges for roads and public streetrights-of-way that are owned and maintained by state or local agencies. Alocality adopting such a system shall also provide for full or partialwaivers of charges to any person who develops, redevelops or retrofitsoutfalls, discharges or property so that there is a permanent reduction inpost-development stormwater flow and pollutant loading. The locality shallbase the amount of the waiver in part on the percentage reduction in bothstormwater flow and pollutant loading, from predevelopment topostdevelopment. No locality shall provide a waiver to any person who doesnot obtain a stormwater permit from the Department of Conservation andRecreation or the Department of Environmental Quality when such permit isrequired by statute or regulation. A locality adopting such a system may alsoprovide for full waiver of charges to cemeteries. Income derived from servicecharges may not exceed the actual costs incurred by a locality operatingunder the provisions of this title.
C. Any locality may issue general obligation bonds or revenue bonds in orderto finance the cost of infrastructure and equipment for a stormwater controlprogram. Infrastructure and equipment shall include structural and naturalstormwater control systems of all types, including, without limitation,retention basins, sewers, conduits, pipelines, pumping and ventilatingstations, and other plants, structures, and real and personal property usedfor support of the system. The procedure for the issuance of any such generalobligation bonds or revenue bonds pursuant to this section shall be inconformity with the procedure for issuance of such bonds as set forth in thePublic Finance Act (§ 15.2-2600 et seq.).
D. In the event charges are not paid when due, interest thereon shall at thattime accrue at the rate, not to exceed the maximum amount allowed by law,determined by the locality until such time as the overdue payment andinterest are paid. Charges and interest may be recovered by the locality byaction at law or suit in equity and shall constitute a lien against theproperty, ranking on a parity with liens for unpaid taxes. The locality maycombine the billings for stormwater charges with billings for water or sewercharges, real property tax assessments, or other billings; in such cases, thelocality may establish the order in which payments will be applied to thedifferent charges. No locality shall combine its billings with those ofanother locality or political subdivision, including an authority operatingpursuant to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2, unless suchlocality or political subdivision has given its consent by duly adoptedresolution or ordinance.
E. Any two or more localities may enter into cooperative agreementsconcerning the management of stormwater.
(1991, c. 703, § 15.1-292.4; 1994, cc. 284, 805; 1997, cc. 331, 587; 1998, c.182; 2003, c. 390; 2004, c. 507; 2005, c. 313; 2006, c. 11; 2009, c. 703.)
A. Any locality, by ordinance, may adopt a stormwater control programconsistent with Article 1.1 (§ 10.1-603.1 et seq.) of Chapter 6 of Title10.1, or any other state or federal regulation, by establishing a utility orenacting a system of service charges. Income derived from these charges shallbe dedicated special revenue and may be used only to pay or recover costs forthe following:
1. The acquisition, as permitted by § 15.2-1800, of real and personalproperty, and interest therein, necessary to construct, operate and maintainstormwater control facilities;
2. The cost of administration of such programs;
3. Engineering and design, debt retirement, construction costs for newfacilities and enlargement or improvement of existing facilities, includingthe enlargement or improvement of dams, whether publicly or privately owned,that serve to control stormwater; however, prior to adoption of any ordinancepursuant to this section related to the enlargement or improvement ofprivately owned dams, a locality shall comply with the notice provisions of §15.2-1427 and hold a public hearing;
4. Facility maintenance, including the maintenance of dams, whether publiclyor privately owned, that serve to control the stormwater; however, prior toadoption of any ordinance pursuant to this section related to the maintenanceof privately owned dams, a locality shall comply with the notice provisionsof § 15.2-1427 and hold a public hearing;
5. Monitoring of stormwater control devices;
6. Pollution control and abatement, consistent with state and federalregulations for water pollution control and abatement; and
7. Planning, design, land acquisition, construction, operation andmaintenance activities.
B. The charges may be assessed to property owners or occupants, includingcondominium unit owners or tenants (when the tenant is the party to whom thewater and sewer service is billed), and shall be based upon theircontributions to stormwater runoff; however, prior to adopting such a system,a public hearing shall be held after giving notice as required by charter orby publishing a descriptive notice once a week for two successive weeks priorto adoption in a newspaper with a general circulation in the locality. Thesecond publication shall not be sooner than one calendar week after the firstpublication. A locality adopting such a system shall provide for full waiversof charges to federal, state, or local government agencies when the agencyowns and provides for maintenance of storm drainage and stormwater controlfacilities or is a unit of the locality administering the program. A localityshall also provide full waivers of charges for roads and public streetrights-of-way that are owned and maintained by state or local agencies. Alocality adopting such a system shall also provide for full or partialwaivers of charges to any person who develops, redevelops or retrofitsoutfalls, discharges or property so that there is a permanent reduction inpost-development stormwater flow and pollutant loading. The locality shallbase the amount of the waiver in part on the percentage reduction in bothstormwater flow and pollutant loading, from predevelopment topostdevelopment. No locality shall provide a waiver to any person who doesnot obtain a stormwater permit from the Department of Conservation andRecreation or the Department of Environmental Quality when such permit isrequired by statute or regulation. A locality adopting such a system may alsoprovide for full waiver of charges to cemeteries. Income derived from servicecharges may not exceed the actual costs incurred by a locality operatingunder the provisions of this title.
C. Any locality may issue general obligation bonds or revenue bonds in orderto finance the cost of infrastructure and equipment for a stormwater controlprogram. Infrastructure and equipment shall include structural and naturalstormwater control systems of all types, including, without limitation,retention basins, sewers, conduits, pipelines, pumping and ventilatingstations, and other plants, structures, and real and personal property usedfor support of the system. The procedure for the issuance of any such generalobligation bonds or revenue bonds pursuant to this section shall be inconformity with the procedure for issuance of such bonds as set forth in thePublic Finance Act (§ 15.2-2600 et seq.).
D. In the event charges are not paid when due, interest thereon shall at thattime accrue at the rate, not to exceed the maximum amount allowed by law,determined by the locality until such time as the overdue payment andinterest are paid. Charges and interest may be recovered by the locality byaction at law or suit in equity and shall constitute a lien against theproperty, ranking on a parity with liens for unpaid taxes. The locality maycombine the billings for stormwater charges with billings for water or sewercharges, real property tax assessments, or other billings; in such cases, thelocality may establish the order in which payments will be applied to thedifferent charges. No locality shall combine its billings with those ofanother locality or political subdivision, including an authority operatingpursuant to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2, unless suchlocality or political subdivision has given its consent by duly adoptedresolution or ordinance.
E. Any two or more localities may enter into cooperative agreementsconcerning the management of stormwater.
(1991, c. 703, § 15.1-292.4; 1994, cc. 284, 805; 1997, cc. 331, 587; 1998, c.182; 2003, c. 390; 2004, c. 507; 2005, c. 313; 2006, c. 11; 2009, c. 703.)
A. Any locality, by ordinance, may adopt a stormwater control programconsistent with Article 1.1 (§ 10.1-603.1 et seq.) of Chapter 6 of Title10.1, or any other state or federal regulation, by establishing a utility orenacting a system of service charges. Income derived from these charges shallbe dedicated special revenue and may be used only to pay or recover costs forthe following:
1. The acquisition, as permitted by § 15.2-1800, of real and personalproperty, and interest therein, necessary to construct, operate and maintainstormwater control facilities;
2. The cost of administration of such programs;
3. Engineering and design, debt retirement, construction costs for newfacilities and enlargement or improvement of existing facilities, includingthe enlargement or improvement of dams, whether publicly or privately owned,that serve to control stormwater; however, prior to adoption of any ordinancepursuant to this section related to the enlargement or improvement ofprivately owned dams, a locality shall comply with the notice provisions of §15.2-1427 and hold a public hearing;
4. Facility maintenance, including the maintenance of dams, whether publiclyor privately owned, that serve to control the stormwater; however, prior toadoption of any ordinance pursuant to this section related to the maintenanceof privately owned dams, a locality shall comply with the notice provisionsof § 15.2-1427 and hold a public hearing;
5. Monitoring of stormwater control devices;
6. Pollution control and abatement, consistent with state and federalregulations for water pollution control and abatement; and
7. Planning, design, land acquisition, construction, operation andmaintenance activities.
B. The charges may be assessed to property owners or occupants, includingcondominium unit owners or tenants (when the tenant is the party to whom thewater and sewer service is billed), and shall be based upon theircontributions to stormwater runoff; however, prior to adopting such a system,a public hearing shall be held after giving notice as required by charter orby publishing a descriptive notice once a week for two successive weeks priorto adoption in a newspaper with a general circulation in the locality. Thesecond publication shall not be sooner than one calendar week after the firstpublication. A locality adopting such a system shall provide for full waiversof charges to federal, state, or local government agencies when the agencyowns and provides for maintenance of storm drainage and stormwater controlfacilities or is a unit of the locality administering the program. A localityshall also provide full waivers of charges for roads and public streetrights-of-way that are owned and maintained by state or local agencies. Alocality adopting such a system shall also provide for full or partialwaivers of charges to any person who develops, redevelops or retrofitsoutfalls, discharges or property so that there is a permanent reduction inpost-development stormwater flow and pollutant loading. The locality shallbase the amount of the waiver in part on the percentage reduction in bothstormwater flow and pollutant loading, from predevelopment topostdevelopment. No locality shall provide a waiver to any person who doesnot obtain a stormwater permit from the Department of Conservation andRecreation or the Department of Environmental Quality when such permit isrequired by statute or regulation. A locality adopting such a system may alsoprovide for full waiver of charges to cemeteries. Income derived from servicecharges may not exceed the actual costs incurred by a locality operatingunder the provisions of this title.
C. Any locality may issue general obligation bonds or revenue bonds in orderto finance the cost of infrastructure and equipment for a stormwater controlprogram. Infrastructure and equipment shall include structural and naturalstormwater control systems of all types, including, without limitation,retention basins, sewers, conduits, pipelines, pumping and ventilatingstations, and other plants, structures, and real and personal property usedfor support of the system. The procedure for the issuance of any such generalobligation bonds or revenue bonds pursuant to this section shall be inconformity with the procedure for issuance of such bonds as set forth in thePublic Finance Act (§ 15.2-2600 et seq.).
D. In the event charges are not paid when due, interest thereon shall at thattime accrue at the rate, not to exceed the maximum amount allowed by law,determined by the locality until such time as the overdue payment andinterest are paid. Charges and interest may be recovered by the locality byaction at law or suit in equity and shall constitute a lien against theproperty, ranking on a parity with liens for unpaid taxes. The locality maycombine the billings for stormwater charges with billings for water or sewercharges, real property tax assessments, or other billings; in such cases, thelocality may establish the order in which payments will be applied to thedifferent charges. No locality shall combine its billings with those ofanother locality or political subdivision, including an authority operatingpursuant to Chapter 51 (§ 15.2-5100 et seq.) of Title 15.2, unless suchlocality or political subdivision has given its consent by duly adoptedresolution or ordinance.
E. Any two or more localities may enter into cooperative agreementsconcerning the management of stormwater.
(1991, c. 703, § 15.1-292.4; 1994, cc. 284, 805; 1997, cc. 331, 587; 1998, c.182; 2003, c. 390; 2004, c. 507; 2005, c. 313; 2006, c. 11; 2009, c. 703.)
