City of Newport News
The City of Newport News complies with the Chesapeake Bay Preservation Act in order to protect the quality of water in the Bay. The Chesapeake Bay is one (1) of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of Newport News and the Commonwealth of Virginia. Portions of Newport News are designated as Chesapeake Bay Preservation Areas. The City of Newport News also has enacted a Stormwater Management Ordinance in order to both limit and manage the volume of stormwater runoff to control flood events and, through stormwater pollution control measures, to prevent degradation of the city’s waterways. The City of Newport News is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Newport News will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater fees will be collected by the City of Newport News and residential customers can qualify for credits by participating in hazardous waste recycling program. Businesses may also apply for stormwater fee adjustments. The City of Newport News, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite.
Article IV- Stormwater Control Regulations
Sec. 37.1-39. Maintenance.
(a) Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each parcel the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. The documents prepared to accomplish the requirements of this subsection shall be reviewed and approved by the city attorney and be recorded in the land records.
(b) In the case of developments where subdivision lots are to be sold, permanent arrangements satisfactory to the city manager, or designee, shall be made to insure continued performance of these obligations.
(c) In the event that the stormwater management facilities are in need of maintenance or become a danger to public safety or public health, the property owner shall be notified in writing, advised of the corrective measures required, and given a reasonable period of time to take necessary action. If the property owner fails or refuses to perform such maintenance and repair, the city has the authority to perform the work and to recover the costs from the responsible person.
(d) To ensure proper performance of the stormwater management facility between scheduled maintenance operations, the owner is responsible for inspecting the stormwater management facility on a semi-annual basis and after any storm which causes the capacity of the facility to be exceeded. All such inspection reports shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia and submitted to the city manager, or designee, within thirty (30) days of the inspection.
(d) Right-of-entry agreements or easements may be required from the applicant for purposes of inspection and maintenance by the city manager, or designee.
Sec. 37.1-40. Enforcement.
(a) If it is determined that there is a failure to comply with the approved plan, notice shall be served upon the property owner by registered or certified mail to the address specified in the application or plan certification, or by delivery at the land development site to the agent or employee supervising such activities.
(b) The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed.
(c) Upon failure to comply within the time specified, the permit or approval may be revoked and the property owner shall be deemed to be in violation of this article.
(d) Any person who willfully or knowingly violates any provision of this article shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment for each violation, or both, as provided for in Section 62.1-44.15:49 of the Code of Virginia.
(e) The city may apply to the circuit court to enjoin a violation or a threatened violation of this article as provided for in Sections 62.1-44.15:42 and 62.1-44.15:49 of the Code of Virginia without the necessity of showing that an adequate remedy at law does not exist.
(f) Without limiting the remedies which may be obtained in this section, the city may bring a civil action against any person for violation of this article, or any condition of the permit or approval, or any provision of the local program. The action may seek to impose of a civil penalty of not more than thirty-two thousand five hundred dollars ($32,500.00) per day for each violation as provided for in Section 62.1-44.15:49 of the Code of Virginia.
(g) With the consent of any person who has violated or failed, neglected or refused to obey this article or any condition of the permit or approval or any provision of the local program, the city may issue an order against or to such person for the payment of civil charges for violations in specific sums not to exceed the limit specified in subsection (f) of this section as provided for in Section 62.1-44.15:49 of the Code of Virginia. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (f).
ARTICLE V. CHESAPEAKE BAY PRESERVATION
Sec. 37.1-49. Areas of applicability.
(1) The components of a resource protection area are:
- Tidal wetlands;
- Nontidal wetlands which are connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;
- Tidal shores; and
- A buffer area not less than one hundred (100) feet in width, located adjacent to and landward of the components listed in subsections a. through c. above, and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the resource protection area notwithstanding the presence of permitted uses, encroachments and permitted vegetation clearing in compliance with section 37.1-51
(2) The components of a resource management area shall consist of all lands within one hundred (100) feet landward of the landward boundary of the resource protection area buffer and in addition includes all land containing slopes greater than fifteen (15) percent, all areas within the one hundred (100) year floodplain and highly erodible soils. Council may designate other lands it deems important to maintenance of water quality as resource management area.
Sec. 37.1-57. Enforcement.
(a) Any person who violates any of the provisions of this article shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00). Each day’s continuance of such violation shall constitute a separate offense.
(b) Any person who: (i) violates any provision of this article or (ii) violates or fails, neglects, or refuses to obey any final notice, order, rule, regulation or variance or permit condition authorized under such chapter shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the city for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, in such a manner as the court may direct by order.
(c) With the consent of any person who: (i) violates any provision of this article related to the protection of water quality in Chesapeake Bay Preservation Areas or (ii) violates or fails, neglects, or refuses to obey any notice, order, rule, regulation, or variance or permit condition authorized under such chapter, the city may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil charges shall be paid into the treasury of the city for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein. Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subsection (b) of this section. Civil charges may be in addition to the cost of any restoration required or ordered by the city.
Stormwater Management Service Charge
The City of Newport News Stormwater Management program is funded by a stormwater management service charge. This service charge is based on the amount of impervious surface on a developed piece of land. For example, a single-family residence in the city of Newport News has an average impervious area of 1,777 square feet. This average, known as an Equivalent Residential Unit (ERU), is used to determine the monthly stormwater charge.
§ Owners of each single-family residence are charged for one ERU at the rate of $9.75 per month ($117.00 per year).
§ Multi-family residences have less impervious area per residence, so these owners are charged for $4.10 per month ($49.20 per year).
§ Business and commercial property owners are charged based on the amount of impervious area on their property as compared to the ERU.
To calculate the stormwater fee for a commercial property, divide the square feet of impervious surface by 1,777 and multiply the result by $58.50. Commercial properties are then billed for this amount twice per year.
For example, a commercial property with 20,000 square feet of impervious surface would be billed for $1316.26 per year (20,000 ft2/1,777 ft2=11.25, 11.25 x $58.50=$658.13, $658.13 x 2=$1316.26). This system is designed to charge owners of developed property based on their contribution of stormwater runoff.
Supplemental documents:
Newport News Ordinance
Newport Stormwater Website
Newport Stormwater Fee
