§ 15.2-2243.1. Payment by developer or subdivider.
A. If the Department of Conservation and Recreation determines that a plan ofdevelopment proposed by a developer or subdivider is wholly or partiallywithin a dam break inundation zone and would change the spillway design floodstandards of an impounding structure pursuant to § 10.1-606.3, a localityshall require, prior to its final approval of a subdivision or development,that a developer or subdivider of land submit an engineering study inconformance with the Virginia Soil and Water Conservation Board's standardsunder the Virginia Dam Safety Act (§ 10.1-604 et seq.) and the VirginiaImpounding Structure Regulations (4 VAC 50-20). The study shall provide acontract-ready cost estimate for conducting the upgrades. The Department ofConservation and Recreation shall verify that the study conforms to theBoard's standards. Following receipt of a study, the Department shall have 15days to determine whether the study is complete. The Department shall notifythe developer or subdivider of any specific deficiencies that cause the studyto be determined to be incomplete. Following a determination that asubmission is complete, the Department shall notify the developer orsubdivider of its approval or denial within 45 days. Any decision shall becommunicated in writing and shall state the reasons for any disapproval.
B. Following the completion of the engineering studies in accordance withsubsection A, and prior to any development within the dam break inundationzone, a locality shall require that a developer or subdivider of land pay 50percent of the contract-ready costs for necessary upgrades to an impoundingstructure attributable to the development or subdivision, together withadministrative fees not to exceed one percent of the total amount of paymentrequired or $1,000, whichever is less. Necessary upgrades shall not includecosts associated with routine operation, maintenance, and repair, nor shallnecessary upgrades include repairs or upgrades to the impounding structurenot made necessary by the proposed development or subdivision.
C. Where a payment under subsection B is required, such payment shall be madeby the developer or subdivider in accordance with the following provisions:
1. A locality may elect to receive such payment. Upon receipt, payments shallbe kept in a separate account by the locality for each individual improvementproject until such time as they are expended for the improvement project;however, any funds not committed by the dam owner within six years of thetime of deposit shall be refunded to the developer or subdivider. Thelocality may issue an extension of up to an additional four years for the useof the funds if the dam owner shows that sufficient progress is being made tojustify the extension and the extension is approved by the Virginia Soil andWater Conservation Board prior to the expiration of the six-year period.Should the locality be unable to locate the developer or subdivider followinga period of 12 months and the exercise of due diligence, the funds shall bedeposited in the Dam Safety, Flood Prevention and Protection Assistance Fundfor the provision of grants and loans. Any locality maintaining an account inaccordance with this section may charge an administrative fee, not to exceedone percent of the total amount of payment received or $1,000, whichever isless.
2. If the locality elects not to receive such payment, any payments shall bemade to the Dam Safety, Flood Prevention and Protection Assistance Fundpursuant to § 10.1-603.19:1. The funds shall be held by the VirginiaResources Authority for each improvement project until such time as they areexpended for the improvement project; however, any funds not committed by thedam owner within six years of the time of deposit shall be refunded to thedeveloper or subdivider. The Board may issue an extension of up to anadditional four years for the use of the funds if the dam owner shows thatsufficient progress is being made. Should the Department of Conservation andRecreation be unable to locate the developer or subdivider following a periodof 12 months and the exercise of due diligence, the funds shall be depositedin the Dam Safety, Flood Prevention and Protection Assistance Fund for theprovision of grants and loans. The Virginia Resources Authority shall nothave any liability for the completion of any project associated with themoneys they manage in the Dam Safety, Flood Prevention and ProtectionAssistance Fund.
D. No locality shall be required to assume financial responsibility forupgrades except as an owner of an impounding structure.
E. The owner of the impounding structure shall retain all liabilityassociated with upgrades in accordance with § 10.1-613.4.
§ 15.2-2243.1. Payment by developer or subdivider.
A. If the Department of Conservation and Recreation determines that a plan ofdevelopment proposed by a developer or subdivider is wholly or partiallywithin a dam break inundation zone and would change the spillway design floodstandards of an impounding structure pursuant to § 10.1-606.3, a localityshall require, prior to its final approval of a subdivision or development,that a developer or subdivider of land submit an engineering study inconformance with the Virginia Soil and Water Conservation Board's standardsunder the Virginia Dam Safety Act (§ 10.1-604 et seq.) and the VirginiaImpounding Structure Regulations (4 VAC 50-20). The study shall provide acontract-ready cost estimate for conducting the upgrades. The Department ofConservation and Recreation shall verify that the study conforms to theBoard's standards. Following receipt of a study, the Department shall have 15days to determine whether the study is complete. The Department shall notifythe developer or subdivider of any specific deficiencies that cause the studyto be determined to be incomplete. Following a determination that asubmission is complete, the Department shall notify the developer orsubdivider of its approval or denial within 45 days. Any decision shall becommunicated in writing and shall state the reasons for any disapproval.
B. Following the completion of the engineering studies in accordance withsubsection A, and prior to any development within the dam break inundationzone, a locality shall require that a developer or subdivider of land pay 50percent of the contract-ready costs for necessary upgrades to an impoundingstructure attributable to the development or subdivision, together withadministrative fees not to exceed one percent of the total amount of paymentrequired or $1,000, whichever is less. Necessary upgrades shall not includecosts associated with routine operation, maintenance, and repair, nor shallnecessary upgrades include repairs or upgrades to the impounding structurenot made necessary by the proposed development or subdivision.
C. Where a payment under subsection B is required, such payment shall be madeby the developer or subdivider in accordance with the following provisions:
1. A locality may elect to receive such payment. Upon receipt, payments shallbe kept in a separate account by the locality for each individual improvementproject until such time as they are expended for the improvement project;however, any funds not committed by the dam owner within six years of thetime of deposit shall be refunded to the developer or subdivider. Thelocality may issue an extension of up to an additional four years for the useof the funds if the dam owner shows that sufficient progress is being made tojustify the extension and the extension is approved by the Virginia Soil andWater Conservation Board prior to the expiration of the six-year period.Should the locality be unable to locate the developer or subdivider followinga period of 12 months and the exercise of due diligence, the funds shall bedeposited in the Dam Safety, Flood Prevention and Protection Assistance Fundfor the provision of grants and loans. Any locality maintaining an account inaccordance with this section may charge an administrative fee, not to exceedone percent of the total amount of payment received or $1,000, whichever isless.
2. If the locality elects not to receive such payment, any payments shall bemade to the Dam Safety, Flood Prevention and Protection Assistance Fundpursuant to § 10.1-603.19:1. The funds shall be held by the VirginiaResources Authority for each improvement project until such time as they areexpended for the improvement project; however, any funds not committed by thedam owner within six years of the time of deposit shall be refunded to thedeveloper or subdivider. The Board may issue an extension of up to anadditional four years for the use of the funds if the dam owner shows thatsufficient progress is being made. Should the Department of Conservation andRecreation be unable to locate the developer or subdivider following a periodof 12 months and the exercise of due diligence, the funds shall be depositedin the Dam Safety, Flood Prevention and Protection Assistance Fund for theprovision of grants and loans. The Virginia Resources Authority shall nothave any liability for the completion of any project associated with themoneys they manage in the Dam Safety, Flood Prevention and ProtectionAssistance Fund.
D. No locality shall be required to assume financial responsibility forupgrades except as an owner of an impounding structure.
E. The owner of the impounding structure shall retain all liabilityassociated with upgrades in accordance with § 10.1-613.4.
§ 15.2-2243.1. Payment by developer or subdivider.
A. If the Department of Conservation and Recreation determines that a plan ofdevelopment proposed by a developer or subdivider is wholly or partiallywithin a dam break inundation zone and would change the spillway design floodstandards of an impounding structure pursuant to § 10.1-606.3, a localityshall require, prior to its final approval of a subdivision or development,that a developer or subdivider of land submit an engineering study inconformance with the Virginia Soil and Water Conservation Board's standardsunder the Virginia Dam Safety Act (§ 10.1-604 et seq.) and the VirginiaImpounding Structure Regulations (4 VAC 50-20). The study shall provide acontract-ready cost estimate for conducting the upgrades. The Department ofConservation and Recreation shall verify that the study conforms to theBoard's standards. Following receipt of a study, the Department shall have 15days to determine whether the study is complete. The Department shall notifythe developer or subdivider of any specific deficiencies that cause the studyto be determined to be incomplete. Following a determination that asubmission is complete, the Department shall notify the developer orsubdivider of its approval or denial within 45 days. Any decision shall becommunicated in writing and shall state the reasons for any disapproval.
B. Following the completion of the engineering studies in accordance withsubsection A, and prior to any development within the dam break inundationzone, a locality shall require that a developer or subdivider of land pay 50percent of the contract-ready costs for necessary upgrades to an impoundingstructure attributable to the development or subdivision, together withadministrative fees not to exceed one percent of the total amount of paymentrequired or $1,000, whichever is less. Necessary upgrades shall not includecosts associated with routine operation, maintenance, and repair, nor shallnecessary upgrades include repairs or upgrades to the impounding structurenot made necessary by the proposed development or subdivision.
C. Where a payment under subsection B is required, such payment shall be madeby the developer or subdivider in accordance with the following provisions:
1. A locality may elect to receive such payment. Upon receipt, payments shallbe kept in a separate account by the locality for each individual improvementproject until such time as they are expended for the improvement project;however, any funds not committed by the dam owner within six years of thetime of deposit shall be refunded to the developer or subdivider. Thelocality may issue an extension of up to an additional four years for the useof the funds if the dam owner shows that sufficient progress is being made tojustify the extension and the extension is approved by the Virginia Soil andWater Conservation Board prior to the expiration of the six-year period.Should the locality be unable to locate the developer or subdivider followinga period of 12 months and the exercise of due diligence, the funds shall bedeposited in the Dam Safety, Flood Prevention and Protection Assistance Fundfor the provision of grants and loans. Any locality maintaining an account inaccordance with this section may charge an administrative fee, not to exceedone percent of the total amount of payment received or $1,000, whichever isless.
2. If the locality elects not to receive such payment, any payments shall bemade to the Dam Safety, Flood Prevention and Protection Assistance Fundpursuant to § 10.1-603.19:1. The funds shall be held by the VirginiaResources Authority for each improvement project until such time as they areexpended for the improvement project; however, any funds not committed by thedam owner within six years of the time of deposit shall be refunded to thedeveloper or subdivider. The Board may issue an extension of up to anadditional four years for the use of the funds if the dam owner shows thatsufficient progress is being made. Should the Department of Conservation andRecreation be unable to locate the developer or subdivider following a periodof 12 months and the exercise of due diligence, the funds shall be depositedin the Dam Safety, Flood Prevention and Protection Assistance Fund for theprovision of grants and loans. The Virginia Resources Authority shall nothave any liability for the completion of any project associated with themoneys they manage in the Dam Safety, Flood Prevention and ProtectionAssistance Fund.
D. No locality shall be required to assume financial responsibility forupgrades except as an owner of an impounding structure.
E. The owner of the impounding structure shall retain all liabilityassociated with upgrades in accordance with § 10.1-613.4.
