For the purpose of this chapter, the following words and terms shall have the meanings stated in this section unless the context clearly indicates otherwise:

Act.  Means Article 1.1 (10.1-603 et seq) of Chapter 6 of Title 10.1 of the Code of Virginia, also sometimes referred to herein as the Virginia Stormwater Management Law.

Applicant.  Any person submitting a stormwater management plan for approval.

Approved or Approval.  Means approval by the plan-approving authority unless another authority is specifically named.

Average Land Cover Condition.  A measure of the average amount of impervious surfaces within a watershed, assumed to be 16 percent.

Best Management Practice (BMP).  A structural or nonstructural practice that is designed to minimize the impacts of development on surface and groundwater systems.

Code of Virginia.  All references herein to the Code of Virginia are to the Code of Virginia (1950), as it may be amended from time to time.

Code.  The Code of the County of York, Virginia.

County.  The County of York.

County Administrator.  The county administrator for York County, or his designee.

Developer.  A person who undertakes land disturbance activities.

Development.  Land development or a land development project.

 .  To dispose, deposit, spill, pour, inject, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, leaked, or placed by any means.

Drainage Easement.  A legal right granted by an owner to a grantee allowing the use of private land for stormwater management purposes.

Flooding.  A volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, causing or threatening damage.

Groundwater.  All subsurface water, including, but not limited to, that part within the zone of saturation.

Impervious Cover.  A surface composed of any material that significantly impedes or prevents natural infiltration of water into soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.

Illicit discharge.  Any discharge to the storm sewer system that is not composed entirely of stormwater except the term shall not include the following discharges unless such discharges are identified by the county administrator to cause sewage, industrial wastes or other wastes to be discharged into the storm sewer system:

     (1) Water line flushing;

     (2) Landscape irrigation;

     (3) Diverted stream flows or rising groundwater;

     (4) Infiltration of uncontaminated groundwater;

     (5) Public safety activities;

    (6) Pumping of uncontaminated groundwater from potable water sources, foundation drains, irrigation waters, springs or water from crawl spaces or footing drains;

     (7) Air conditioning condensation;

     (8) Lawn watering;

     (9) Individual residential car washing;

     (10) Flows from riparian habitats or wetlands;

     (11) Dechlorinated swimming pool discharges;

     (12) Street washing;

     (13) Any activity authorized by a valid Virginia Pollutant Discharge Elimination System (VPDES) permit, a Virginia Stormwater Management permit (VSMP) or Virginia Pollution Abatement (VPA) permit; or

     (14) Any other water sources not containing sewage, industrial wastes or other wastes.

Industrial Wastes.   Liquid or other wastes resulting from any process of industry, manufacture, trade or business or from the development of any natural resources.

Land Development or Land Development Project.  A manmade change to the land surface that potentially changes its runoff characteristics.

Linear Development Project.  A land development project that is linear in nature such as, but not limited to, (i) the construction of electric and telephone utility lines, and natural gas pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; and (iii) highway construction projects.

Local Stormwater Management Program or Local Program.  A statement of the various methods adopted pursuant to the Act and implemented by the county to manage the runoff from land development projects and shall include an ordinance with provisions to require the control of post-development stormwater runoff rate of flow, water quality, the proper maintenance of stormwater management facilities, and minimum administrative procedures consistent with this chapter.

Maintenance Agreement.  A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices.

Minimum Standards.  Those Minimum Standards contained within the Erosion and Sediment Control Regulations promulgated by the Virginia Soil and Water Conservation Board, as set out in 4 VAC 50-30-40 of the Virginia Administrative Code as they may be extended from time to time.

Nonpoint Source (NPS) Pollution. Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

Nonpoint Source Pollutant Runoff Load or Pollutant Discharge. The average amount of a particular pollutant measured in pounds per year, delivered in a diffuse manner by stormwater runoff.

Other Wastes.  Materials that can adversely affect waters of the United States should they be discharged into same including, but not limited to: decayed wood; sawdust; chips; shavings; bark; leaves; lawn clippings; lawn chemicals, except those applied in accordance with manufacturer’s recommendations; animal or vegetable matter; pet waste; construction debris; garbage; refuse; ashes; offal; tar; paint; solvents; petroleum products; gasoline; oil waste; antifreeze or other automotive, motor or equipment fluids.

Owner.  The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property.

Person.  Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate body or any other legal entity.

Plan-approving Authority.  The county administrator or his designee who is responsible for determining the adequacy of a submitted stormwater management plan.

Post-development. Conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land.

Pre-development.  Conditions that exist at the time that plans for the land development of a tract of land are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions.

Record Drawing.  A drawing of the completed facilities showing actual constructed elevations, dimensions and locations.

Regulations.  All regulations promulgated by any local, state, or federal governmental agency having oversight and authority over the control and management of stormwater, including (without limitation) the Virginia Stormwater Management Law and Regulations and the Virginia Stormwater Management Handbook promulgated by the Virginia Board of Conservation and Recreation, as they may be amended from time to time.

Runoff or Stormwater Runoff.  That portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways.

Sanitary Sewer.  A system of conduits that collect and deliver sanitary wastewater to a wastewater treatment or pumping facility.

Sewage.  The water-carried human wastes from residences, buildings, industrial establishments or other places, together with such industrial wastes, stormwater or other water as may be present.

Sheet flow.  Shallow, unconcentrated, and irregular flow down a slope.

Site. The parcel of land being developed, or a designated planning area in which the land development project is located.

State Waters.  All waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdiction.

Stop Work Order.  An order issued which requires that construction activity on a site be stopped.

Storm Sewer System.  See Stormwater System.

Stormwater or Stormwater Runoff.  Flow from rain, snow or other forms of precipitation and the resulting surface runoff and drainage.

Stormwater Management.  The use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.

Stormwater Management Plan or Plan.  A document containing material for describing how existing runoff characteristics will be affected by a land development project and methods for complying with the requirements of the local program or this chapter.

Stormwater System or Storm Sewer System.  A system of roads, streets, catch basins, curbs, gutters, ditches, pipes, lakes, ponds, channels, storm drains and other facilities located within the county that are designed or used for collecting, storing, or conveying stormwater or through which stormwater is collected, stored, or conveyed.

Watershed.  A defined land area drained by a river, stream, drainage ways or system of connecting rivers, streams, or drainage ways such that all surface water within the area flows through a single outlet.

(Ord. No. 06-17, 7/18/06)