martinsburg planning commission -...

MARTINSBURG PLANNING COMMISSION

SITE PLAN APPLICATION 232 N. Queen Street

Martinsburg, WV 25401 304-264-2131 or 304-264-2136 (fax)

Date Application Filed: _______________________ Case #SP ______________________

1. Name of Development: _________________________________________________

2. Location of Property: _________________________________________________

(Street name) _________________________________________________

3. Property Owner name, _________________________________________________

and address: _________________________________________________

Phone: _________________________________________________

4. Applicant/Agent name, _________________________________________________

and address: _________________________________________________

Phone: ________________________ Fax: ___________________

5. Person preparing plans _________________________________________________

name, and address: _________________________________________________

Phone: _________________________ Fax: ___________________

6. Contact Person name: _________________________________________________

Phone: _________________________ Fax: ___________________

7. Is this an _____ original or _______ revised Site Plan?

8. Total area of parcel to be developed: ___________________________________________

9. Property Information:

a) Tax Map and Parcel Number: _____________________________________

b) Current Zoning: _________________________________________________

c) Present Use: _________________________________________________

d) Proposed Use: _________________________________________________

e) Adjoining Property zoning: ___________________________________________

f) Adjoining Property use: ___________________________________________

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10. Description of the proposed project: _____________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

FEES

Site plan review fees are payable upon the submission of this application. An engineering consultant conducts storm water management plan reviews. The owner is responsible for the payment of all storm water management plan review fees.

SUBMISSION

Site plans must be submitted no later than thirty (30) days prior to the Martinsburg Planning Commission Meeting at which it is to be considered. The Commission meets the first Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall. I (Owner) have read the material included in this package and understand what is required by the Martinsburg Planning Commission. I also understand that all required material will be completed prior to the submission of my site plan.

Name: _________________________________________ Date: ____________________ (Printed/typed)

Signature: _________________________________________


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CITY OF MARTINSBURG PLANNING COMMISSION

INSPECTION AND MAINTENANCE AGREEMENT FOR PRIVATE STORMWATER MANAGEMENT FACILITIES

THIS AGREEMENT, made this _____ day of _________________________20___, by and between ________________________________________ hereafter referred to as the “OWNER(S)” of the following property: _______________________________________, and the City of Martinsburg Planning Commission, hereinafter referred to as the “COMMISSION.” WITNESSETH: We, the OWNER(S), with full authority to execute deeds, mortgages, other covenants, all rights, titles and interest in the property described above, do hereby covenant with the COMMISSION and agree as follows:

1. The OWNER(S) of said property shall provide for the maintenance of the stormwater management facility to ensure that the facility is and remains in good working condition in accordance with approved design standards, rules, regulations and applicable laws.

2. The OWNER(S) of said property shall promptly repair and restore all grade surfaces, walls, drains, dams, structures, vegetation, erosion and sediment control measures and other protective devices. Such repairs or restorations shall be in accordance with approved plans, rules and regulations and applicable laws.

3. The OWNER(S) of said property shall perform necessary landscaping (grass cutting, etc.) and trash removal as part of regular maintenance.

4. The OWNER(S), shall grant the COMMISSION or its agent and contractor the right of entry at reasonable times and in a reasonable manner for the purpose of inspecting, operating, installing, constructing, reconstructing, maintaining or repairing the facility.

5. If necessary, the OWNER(S) shall levy regular or special assessments against all present or subsequent owners of property served by the facility to ensure that the facility is properly maintained. Should OWNER(S) fail to maintain the facility or correct any defects within a reasonable period of time (30 days maximum) after proper written notice by the COMMISSION, the CITY OF MARTINSBURG or its agent and/or contractor is authorized to perform the necessary maintenance or repairs and may assess the OWNER(S) served by the facility for the cost of the work, any applicable penalties, legal fees and court cost. If any said assessment shall be a lien against all properties served by the facility and may be placed on the property tax bill of said property and collected as ordinary taxes by the COMMISSION. The OWNER(S) shall maintain perpetual access from public rights-of-way to the facility for the COMMISSION or its agent and/or contractor.

6. The OWNER(S) shall indemnify and save the COMMISSION harmless from any and all claims for damages to persons or property arising from the construction, maintenance and use of the facility.

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7. This AGREEMENT and the Covenants contained herein shall apply to and bind theOWNER(S) heirs, executors, successors and assigns and shall bind all present andsubsequent owners of the property served by the facility.

8. The OWNER(S) shall record this AGREEMENT, prior to final plat and/or final site planapproval in the land records of Berkeley County, West Virginia, and the OWNER(S) shallprovide proof of such recordation to the COMMISSION.

9. It is further understood and agreed between the parties hereto that the duties andresponsibilities of the OWNER(S) as set forth herein with respect to real estate constitutean affirmative burden on the real estate having the force and effect of a covenant runningwith the land.

IN WITNESS WHEREOF, the OWNER(S) and the COMMISSION executed this AGREEMENT as of this _____ day of ______________ 20_____.

ATTEST: FOR THE OWNER(S)

________________________ _________________________

________________________ _________________________

STATE OF WEST VIRGINIA COUNTY OF BERKELEY

I hereby certify that ______________________________________, whose name is signed to the writing above and hereto annexed, bearing date the _______ day of _______________, 20 _____ has this day acknowledged the same before me in my said County.

Given under my hand this _______day of __________________, 20_____.

My Commission expires: ____________________________.

ATTEST: FOR THE COMMISSION

________________________ _________________________

________________________ _________________________

STATE OF WEST VIRGINIA COUNTY OF BERKELEY

I hereby certify that ______________________________________, whose name is signed to the writing above and hereto annexed, bearing date the _______ day of _______________, 20 _____ has this day acknowledged the same before me in my said County.

Given under my hand this _______day of __________________, 20_____.

___________________________________ My Commission expires:__________________________

NOTARY PUBLIC


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MARTINSBURG PLANNING COMMISISON OFFICE OF THE CITY PLANNER

Your site plan should include the following:

ADMINISTRATIVE INFORMATION Y N _____ _____ 1. Name of proposed development. _____ _____ 2. Name and address of owner. _____ _____ 3. Name and address of developer. _____ _____ 4. Name, address and phone number of designer. _____ _____ 5. Certificate of surveyor, engineer or architect. _____ _____ 6. Date plan prepared and date of revisions. _____ _____ 7. A listing of all conditions placed on the site as a result of a special exception/variance or conditional zoning approval. _____ _____ 8. A title block labeled “approved by the Planning Commission for signature and date of approval.

GENERAL SITE INFORMATION

Y N _____ _____ 9. Location map (1” = 600’). _____ _____ 10. Tax/Parcel Number. _____ _____ 11. Scale of site plan (not to exceed 1” = 100’). _____ _____ 12. North arrow. _____ _____ 13. Zoning of site. _____ _____ 14. Use & zoning of adjoining properties. _____ _____ 15. Topographic map at two (2) ft. contour intervals.

LOTS /USES/BUILDINGS and STRUCTURES

Y N _____ _____ 16. Surveyed boundaries for all lots and parcels. _____ _____ 17. Acreage of all lots included in the plan. _____ _____ 18. Location and dimensions of all required setbacks and yard areas. _____ _____ 19. Location of all buildings, structures and uses. _____ _____ 20. Proposed use of each building, structure and area. _____ _____ 21. Location and type of dwelling units. _____ _____ 22. Ground floor area and total floor area of all buildings. _____ _____ 23. Height of all buildings and structures. _____ _____ 24. Location of dimensions of all signs. _____ _____ 25. Location of outdoor lighting fixtures. _____ _____ 26. Location and nature of outdoor storage areas.


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LOTS /USES/BUILDINGS and STRUCTURES (continued)

Y N _____ _____ 27. Location and area of common open space. _____ _____ 28. Location and description of all recreation facilities. _____ _____ 29. Location of sidewalks and pedestrian walkways. _____ _____ 30. Location of outdoor trash receptacles.

ROADS

Y N _____ _____ 31. Name and number of existing and planned streets on and/or adjoining the site. _____ _____ 32. Location of existing and planned streets on and/or adjoining the

site _____ _____ 33. Dimensions, boundaries, width, pavement and construction of planned roads. _____ _____ 34. Location and dimensions of proposed entrances from public right- of-ways. _____ _____ 35. If located adjacent to a state highway, an entrance permit from the

West Virginia Division of Highways must be submitted as part of the package.

UTILITIES

Y N _____ _____ 36. Location of all utilities; to include sewer and water lines with the size of lines, mains and laterals. _____ _____ 37. Location and width of all easements; to include access, utility and drainage easements. _____ _____ 38. Location and nature of fire lanes, hydrants and all other associated facilities. _____ _____ 39. If sewer and water are not provided by the City of Martinsburg, a

statement of availability must be provided by the Public Service District District(s).

PARKING

Y N _____ _____ 40. Calculations describing the required number of parking and loading spaces. _____ _____ 41. Location and dimensions of all parking and loading spaces,

driveways, parking aisles, curbing and other features to be used. _____ _____ 42. Location and dimension of all handicapped spaces.


NATURAL FEATURES

Y N _____ _____ 43. Existing and finished contour lines. _____ _____ 44. Location of steep slopes, woodlands, floodplains, wetlands,

sinkholes and other environmental features. _____ _____ 45. Location of streams and drainage ways.

LANDSCAPING

Y N _____ _____ 46. Landscaping plan describing location and types of plants to be used. _____ _____ 47. Location of required buffers and screening with cross-sections or profiles.

EROSION and SEDIMENT CONTROL

Y N _____ _____ 48. A stormwater management plan with runoff calculations and

location and description of facilities to be used. _____ _____ 49. Soil erosion and sedimentation control plan with location, types and

examples of provisions to be used.

OFFICE USE ONLY

Y N _____ _____ 50. Engineers certification on Plan. _____ _____ 51. Engineers certification on stormwater plans. _____ _____ 52. Engineers certification of As-built stormwater facility: (date) _____. _____ _____ 53. Site plan review fee paid: (date) _____. _____ _____ 54. Stormwater management plan review fee paid: (date) _____ _____ _____ 55. Stormwater management maintenance agreement executed. _____ _____ 56. Evidence of water and sewer availability. _____ _____ 57. West Virginia Division of Highways entrance permit.


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CITY OF MARTINSBURG, WEST VIRGINIA STORMWATER MANAGEMENT DESIGN/REVIEW CHECKLIST

ENGINEER OR PROPERTY APPLICANT ______________________________OWNER _________________________ ADDRESS ______________________________ADDRESS _________________________

_____________________________ _________________________ CONTACT PERSON________________________ TELEPHONE # ________________________TELEPHONE # ______________________ SITE SIZE ______ SQ. FT. ____AC DISTURBED AREA ______SQ. FT.___AC WATERSHED NAME __________________ TRIBUTARY NAME __________________ CURRENT ZONING____________________ ULTIMATE ZONING_________________ CURRENT LAND USE _________________ ULTIMATE LAND USE _______________ DRAINAGE AREA ____________AC EXISTING IMPERVIOUS AREA ___________AC PROPOSED IMPERVIOUS AREA ___________AC TYPE OF DEVELOPMENT: RESIDENTIAL _______ NUMBER AND TYPE OF UNITS _________________________ COMMERCIAL/INDUSTRIAL/OFFICE _______ TOTAL SQ. FT. OF BUILDINGS _____ ENGINEER

CHECK REVIEWER

CHECK INFORMATION REQUIRED

GENERAL PLAN INFORMATION

Narrative Description of Stormwater Management Concept/Plan

Vicinity Map with Scale (show site and label)

Title Block Information, North Arrow, Scale, Benchmarks

Miss Utility note, Engineer’s Seal

Description of water courses, wetlands, and impoundments on or adjacent to site

Existing and proposed contours (2’ intervals)

Delineation of 100 year flood plain

Location of structures, impervious surfaces, storm drain facilities and vegetative cover

Existing utilities including gas, telephone, electric, cable, water, sewer, and storm drain

Location of existing and proposed easements, right-of-ways, and property lines

INFILTRATION

Distance of trenches from buildings and water supply wells

Soil boring information showing infiltration rates

Design calculations

Depth to groundwater

Overflow relief path


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ENGINEER

CHECK REVIEWER

CHECK INFORMATION REQUIRED

GENERAL PLAN INFORMATION

Delineate permanent pool and/or extended detention (if provided) 201- and 100- year elevations

Locations of test borings

Outflow pipe, outlet protection with detail, outfall channel

Inflow improvements with detail

Emergency spillway level section and outlet channel

Proposed utility location/relocation

Label all slopes within pond area

Riser design details

Safety fence for all outfalls using a 4.8” pipe or greater

Landscaping/Aquatic plantings

Principle spillway, embankment centerline and emergency spillway profiles

Outfall channel, anti-seep collar and riser details

Concrete cradle, trash rack and anti-vortex details

Construction easement and covenant

ADDITIONAL SUBMITTAL REQUIREMENTS

` Maintenance easement and covenant

Timing schedule and sequence of development

Soils report with boring log

Drainage area map (watershed boundaries drainage area & time of concentration)

Soils map

Hydrologic Computations (TR-55/TR-20)

Hydraulic Computations (WSM design calculations)

ADDITIONAL COMMENTS: ______________________________________________________________________________________________________________________________________________________________

REVIEWED BY CITY PLANNER: _______________________________ _______________ Tracy Smith, City Planner Date RECOMMENDED FOR APPROVAL BY REVIEW ENGINEER: ______________________________ _______________ View Engineering Date APPROVED BY CITY PLANNING COMMISSION: ______________________________ _______________ Planning Commission President Date


CONSTRUCTION STORM WATER GENERAL PERMIT INSTRUCTIONS TO COMPLETE A NOTICE OF INTENT (NOI) FORM

A. GENERAL INSTRUCTIONSThe Division of Water Resources developed and issued a General WV/NPDES Water PollutionControl permit t regulate sediment containing storm waters flowing into the waters of the Statefrom discharges associated with construction activity. This General Permit was issued onNovember 5, 2002, became effective on December 5, 2002, and will expire on December 4, 2007.

Certain establishment which discharge sediment laden storm water and fall under the definition of “Storm Water Associated with Industrial Activity” can elect to be regulated under the General Permit. Those establishments must file a Site Registration Application Form with the Division of Water Resources. Sites disturbing less than 3 acres of land that do not discharge to a Tier 2.5 or Tier 3.0 stream may register through use of the Notice of Intent Form (NOI). Individuals will be regulated under the General Permit only if they agree to do so, and if they satisfy the registration requirements. The Division of Water Resources reserves the right to require any individual to obtain a facility-specific WV/NPDES Permit. Establishments not wishing to be regulated by the General Permit are required to apply for and obtain an individual permit.

After development of a Draft General Permit, the Division of Water Resources advertised its intent to issue this General Permit and has fulfilled its public notice requirements. Applicants need not perform any public notice activities, unless the site will to discharge to a Tier 2.5 or Tier 3.0 stream.

All permittees are required to develop a Storm Water Pollution Prevention Plan (SWPPP) for the project to be covered by the permit. Projects that qualify for use of the NOI Form are provided generic WSPPP developed by the Division of Water Resources. Persons with questions regarding the General Permit or application procedures should contact the Division of Water Resources Permitting Section at (304) 558-4086 or Fairmont (304) 368-3960.

B. WHO MUST APPLYAny establishment, pursuant to Chapter 22, Article 11, where, storm water associated withconstruction activity is or may be discharged into the wagers of the State or, where designated bythe Director, is a contributor to a violation of the Water Quality Standards or that results in asignificant pollutant loading to the receiving waters must apply. Any person proposing aconstruction activity, one (1) acre or greater of land disturbance in size, shall submit a siteregistration application form and receive approval from the Division of Water Resources prior tocommencing construction. Sites with land disturbance of 1 to less than 3 acres and that do notdischarge to a Tier 2.5 or Tier 3.0 stream may register for the General Permit through use of theNotice of Intent (NOI) Form. NOI forms shall be submitted at least 10 days prior to theanticipated construction start date. Construction activities associated with oil and gas operationsmay register through the existing permitting process with the DEP Office of Oil and Gas. Whenthe construction activity is owned by one person but operated by another, it is the responsibilityof the owner to obtain the permit. A separate registration application form is to be submitted foreach construction activity.

C. WHERE TO FILE1. Two (2) copies of the NOI Form and one copy of any attached information and fee shall be

mailed to the following office:


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Division of Water Resources Permitting Section

1201 Greenbrier Street Charleston, WV 25311-1088

For construction activities associated with oil and gas operations contact:

WV DEP Office of Oil and Gas 1356 Hansford Street

Charleston, WV 25301 Telephone number 304-558-6075

Pursuant to an Emergency Rule filed by DEP and approved by the Secretary of State effective October 11, 2002, the application fee for construction projects disturbing between 1 to less than 3 acres in size is $300.00. The Emergency Rule will be in effect pending action by the Legislature on a proposed rule amendment that would establish that fee in the legislative rules of the Department of Environmental Protection, Title 47, Series 26, Water Pollution Control permit fee schedule. You may obtain a copy of the referenced rules from the Secretary of State’s Office, State Capitol Building, Charleston, WV 25305. Your check or money order for the application fee must be made payable to the West Virginia Department of Environmental Protection.


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DEP WEST VIRGINIA

Department of Environmental Protection Division of Water Resources

GENERAL PERMIT REGISTRATION NO. WVG _________ (office use only) 1. Project name _________________________________________________________________ 2. Applicant’s name _____________________________________________________________ Address ____________________________________________________________________ ___________________________________________________________________________ ______________________________________________Telephone ( ) ______________ 3. Operator or contractor ________________________________________________________ Address ____________________________________________________________________ ____________________________________________________________________________ ______________________________________________Telephone ( ) _______________ 4. Acres disturbed ______________________ (Must be “less than 3 acres” to use NOI Form) 5. Latitude _________________ Longitude ____________________ 6. Nearest Town ___________________ County ______________ Route ____________ 7. Receiving Stream*(s) _______ *(If the receiving stream tier is 2.5 or 3.0, the NOI Form cannot be used)

Basin ______________________________________________________________________ Municipal System Operator (if applicable) _________________________________________ 8. Statement of Right-to-Enter (Label as “Attachment 8” if applicable) 9. Brief Description of Project (Use additional pages if necessary and label as Attachment 9) ___________________________________________________________________________ ___________________________________________________________________________ 10. Proposed Construction Schedule ___________________________________________________________________________ ___________________________________________________________________________ 11. Certification of compliance with local and state laws (ex. subdivision, FEMA, and storm water

management). (Label as “Attachment 11”).

12. Topographic map with site located. (Label as “Attachment12”)

13. Groundwater Protection Plan (Do Not Attach. Maintain on site)

14. Storm Water Pollution Prevention Plan - Check one to be used DWR Generic SWPPP ____ Developing other SWPPP ___________________________________ If other, name source/preparer for the plan _______________________________________


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BY COMPLETING AND SUBMITTING THIS APPLICATION, I HAVE REVIEWED AND UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THE GENERAL PERMIT ISSUED ON NOVEMBER 5, 2002. I UNDERSTAND THAT PROVISIONS OF THE PERMIT ARE ENFORCEABLE BY LAW. VIOLATION OF ANY TERM AND CONDITION OF THE GENERAL PERMIT AND/OR OTHER APPLICABLE LAW OR REGULATIONS CAN LEAD TO ENFORCEMENT ACTION. I CERTIFY UNDER PENALTY OF LAW THAT I HAVE PERSONALLY EXAMINED AND AM FAMILIAR WITH THE KNOWLEDGE SUBMITTED ON THIS FORM AND THAT IS, TO THE BEST OF MY KNOWLEDGE, TRUE, ACCURATE, AND COMPLETE. I AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE INFORMATION, INCLUDING THE POSSIBILITY OF FINE AND IMPRISONMENT. APPLICANT SIGNATURE ___________________________ DATE _____________ PRINT NAME _________________________________________________________________ Pursuant to an Emergency Rule filed by DEP and approved by the Secretary of State effective October 11, 2002, the application fee for construction projects disturbing between 1 to less than 3 acres in size is $300.00. The Emergency Rule will be in effect pending action by the Legislature on a proposed rule amendment that would establish that fee in the legislative rules of the Department of Environmental Protection, Title 47, Series 26, Water Pollution Control permit fee schedule. You may obtain a copy of the referenced rules from the Secretary of State’s Office, State Capitol Building, Charleston, WV 25305. Your check or money order for the application fee must be made payable to the West Virginia Department of Environmental Protection. ALL SPILLS OR ACCIDENTAL DISCHARGES ARE REQUIRED TO BE REPORTED IMMEDIATELY TO THE EMERGENCY RESPONSE SPILL ALERT SYSTEM TOLL FREE TELEPHONE NUMBER 1-800-642-3074. CALLS FROM OUT OF STATE SHOULD BE MADE TO 304-348-8899.


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WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT

GROUNDWATER PROGRAM

Stormwater Management Structure Operation and Maintenance Phase

Groundwater Protection Plan Guidance Document

INTRODUCTION

47CSR58, Section 4.11 requires that “Each industrial establishment shall have a comprehensive Groundwater Protection Plan (GPP).” The term “Industrial Establishment” may include facilities that have, or shall be required to have, impoundments, ponds, or lagoons at any commercial, municipal, state, or federal facility on any property within the state. Facilities that also implement a Stormwater Pollution Prevention Plan (SWPPP) or Spill Prevention, Control and Countermeasures Plan (SPCC) may combine these documents with the GPP, as long as all elements required by 47CSR58 are included. Section 4.12.b requires that new facilities have a completed GPP prior to construction. The GPP requires the owner or operator of such facility to address (through an inventory review) all the potential groundwater contamination sources, such as, but not limited to, impoundments, ponds, lagoons, above and underground tanks, non-containerized outside storage areas, drum storage, loading and unloading areas, stormwater effluent, etc. Section 4.12.c requires that the GPP be on site and available for inspection at all times. It also requires that the GPP be submitted and reviewed as part of NPDES Permit application or renewal, and that the Director may review the GPP at any time. The Phase II NPDES Stormwater permit requires the submittal of a GPP prior to construction of any permanent stormwater management pond. Section 4.12d states “The Director may require modification to the GPP to assure adequate protection of groundwater. Further, the Director may, during review of a GPP, require such other information as he/she reasonably needs to evaluate the plan.” Section 5.1 states “Where a statute, rule, ordinance, or other legal requirement (other than West Virginia Code 22-12 and rules promulgated pursuant thereto) provides authority to regulate facilities and activities which may adversely affect groundwater, and such facilities and activities are not regulated by another groundwater regulatory agency, including another office or division of the Department of Environmental Protection, the Director may require such facility or activity to comply with any or all of the requirements of this rule which the Director reasonably determines to be necessary for the implementation of West Virginia Code 22-12.” A few of these facilities and activities which the Director has designated as having the potential the aversely affect the groundwater include housing developments, retail malls, short and long-term parking lots, streets and roads, construction activities, and various commercial and manufacturing activities, etc. Section 5.2 states that “The Director must provide a written notification specifying which section(s) of this rule will be enforced, before compliance with this rule or any provision thereof is required from any facility or activity not included in the definition of an industrial establishment.”

Send GPP to: Rick Shaver WVDEP 414 Summers St. Charleston, WV 25301 Ph. # 304-558-2108


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Note: The NPDES Phase II Stormwater Construction permit and this guidance document serve as written notice from the Director that any person who builds, constructs, alters, or demolishes any structure whether permanent or temporary; be it pre or post construction, including any ancillary structures or activities associated with the building, construction, alteration, or demolition of such structures including any post construction operation of such structures shall develop and implement a Groundwater Protection Plan (GPP). A GPP for Stormwater Management Structures is attached as Appendix One and a Design Guidance Criteria Information Required sheet is attached Appendix Two, page 22 of this document. The GPPs are also available from the Division of Water and Waste Management, Groundwater Program at 304-558-2108, FAX 304-558-2780, TDD 304-558-2751, or [email protected]. The submittal of all Stormwater Management Structure Operation and Maintenance Phase GPPs should be directed to the DWWM, Groundwater Program, 414 Summers St., Charleston, WV 25301.


Please use the following table as a guide to whether a particular activity needs a Groundwater Protection Plan or a permit. This table is based on existing facilities and will be revised frequently.

POTENTIAL GPP and PERMIT SCENARIOS

Type of Property or Facility

GPP Required Permit Required

Construction Site YES NPDES Stormwater

Industrial or Commercial Facility discharging to surface water

YES NPDES Stormwater or Individual

Residential Site with Stormwater Management Pond

YES NPDES Stormwater

Residential Site with Stormwater Management Structure accepting drainage from Fuel Storage or Industrial Facility


Fuel Storage Facility with Aboveground Storage Tanks discharging to surface water


Car Wash Discharging to surface water

STRICTLY PROHIBITED STRICTLY PROHIBITED

Any Facility discharging directly to groundwater

YES UIC

GPP SECTIONS

SECTION 4.11.a. “An inventory of any and all operations that “may reasonably be expected to” contaminate the groundwater resources with an indication of the potential for soil and groundwater contamination from these operations.”

The inventory should include a list of all processes, materials, and other activities that could contaminate groundwater. Examples are: fertilizers, aboveground storage tanks, batteries, lubricants, and parts cleaners. Stormwater management ponds should be included.

The GPP should include a description of how the stormwater management will be used and maintained during the construction and post-construction phases (see Appendix One). A description concerning the use of fuel, solvents, chemical de-icers, fertilizers, and pesticides should be included.

A site plan showing the structure and structure cross sections should be included with the GPP, as well as the location of any other potential sources of groundwater contamination. The site plan shall include the relative position of the potential sources of contamination in relationship to the stormwater management pond and the relative drainage areas of these potential sources of contamination.


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SECTION 4.11.b. “A description of procedures designed to protect groundwater from the identified potential contamination sources, with specific attention given to the handling, transport, and storage of potential sources of contamination. This section should describe all potential groundwater contamination sources as identified in 4.11.a above. It should also list the procedures (including operating practices and physical installations) that would prevent or mitigate groundwater contamination for each of these potential sources. These must include emergency responder contact information, spill response and cleanup procedures, and an inventory of cleanup equipment and supplies (absorbent materials, booms, etc.). All proposed structure designs and site descriptions must be submitted and approved prior to construction. The design should also include any state or local construction requirements, i.e., the county planning commission, other local government or management entity such as a Public Service District (PSD). Site Selection Criteria (47-CSR-58, Section 4.10) are important considerations when a facility or development plans to construct new or expand existing areas. Adequate design of the stormwater management structures must be considered in the GPP, especially when constructing or expanding in areas of karst, faulted or fractured terrains, areas of subsidence, wetlands, delineated wellhead protection areas, Source Water Protection areas as determined by the Bureau for Public Health, or other areas determined by the Director to be vulnerable based upon geologic or hydro geologic information. If an existing or planned facility or development is located in or near one or more of these vulnerable areas, then this must be addressed in the GPP. The facility should revise their existing GPP to address any newly delineated areas or other vulnerable areas upon notification by the Bureau for Public Health or the Director of WVDEP. Disclaimer: The GPP is not intended to serve as construction criteria for stormwater management pond design. The GPP’s intent is to serve as an inventory, evaluation, and implementation document to prevent and/or mitigate potential impacts to the groundwater from the stormwater management structure. Appendix Two provides guidance criteria that will be employed by the WVDEP in approving permanent stormwater management structures. Infiltration of stormwater runoff to groundwater through stormwater management structures is a critical issue to stormwater structure design when reviewing and approving GPPs. The discharge to groundwater through stormwater management structures to replenish the groundwater table is desirable especially in drought stricken areas. Stormwater management structures can be designed to allow slow infiltration into groundwater provided that mitigating practices are employed prior to the stormwater reaching the structure. The employment of mitigating practices to eliminate potential contaminants from reaching the stormwater management structure is one of two essential elements in WVDDEP’s approval of a stormwater management structure design. The other essential element in WVDEP’s approval of a GPP is a responsible management entity. The need to properly manage not only the stormwater structure but to oversee the proper employment and maintenance of mitigating measures is critical to the success of such measures in minimizing or eliminating potential contaminants introduced in to the stormwater management structure via stormwater runoff.


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There are current opportunities through existing statutory authority to establish management entities at the local governmental level or through public service districts (PSDs). Local governments or PSDs through ordinances or restrictions can impose construction and maintenance criteria on both commercial and residential developments that would ensure the use of mitigating factors in managing stormwater runoff. Without incorporating these two essential factors in stormwater management structure design, construction, and maintenance, it is highly unlikely that infiltration of stormwater in to the groundwater through these structures will be approved. Stormwater structures not employing these factors will in most instances be required to install a protective synthetic liner. Please consider the following items when designing a stormwater management structure: 1. Structures excavated to bedrock in karst or fractured limestone areas that do not employ a

liner system are required to obtain an Underground Injection Control (UIC) permit from the Division of Water and Waster Management prior to construction and operations. Industrial facilities or developments, including streets and highways, which discharge fluid into or otherwise direct drainage into sinkholes or any other subsurface injection system, are required to obtain an UIC permit prior to any subsurface discharge.

2. Impervious areas should be kept to a minimum and vegetated areas should be employed to the greatest extent possible. Vegetated areas (e.g., green areas – trees, shrubs, grassy swales) should be incorporated into all parking lot designs. These areas need to be designed to create sheet flow at a slow rate and should be wide with a gradual slope. Diversion structures in the swales are sometimes used to slow flow.

3. Structure design approval will depend largely on site characteristics (i.e., loading and unloading areas, parking lots, streets and highways, roof drains, process areas, maintenance areas, storage areas, etc.) and mitigating practices (i.e., grassy swales, housekeeping practices, containment areas, spill prevention and emergency response plans, responsible entities for pond management, etc.) employed to prevent potential contaminated discharges to the structure.

4. Stormwater from parking lots should be channeled in such a way as to divert all stormwater from impervious areas through a series of grassy or densely vegetated swales before entering the stormwater management structures. Trees should be planted in conical type depressions to detain small portions of the stormwater runoff. Vegetation should be employed that is conducive to the local climate, requires wet conditions, and is a natural repellent of pests such as mosquitos.

5. Structures without a responsible management entity will be required to use a line system in most cases.

6. Discharges to Stormwater Management Structures not include in the GPP are strictly prohibited and will subject the discharger to penalties designated in Chapter 22, Article 12, Section 10.

Stormwater Management Structures must be clearly marked on a sign in a visible location:

STORMWATER MANAGEMENT STRUCTURE Drinking Water Recharge Area

Do Not Dump Waste


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SECTION 4.11.c. “A list of procedures to be employed in the design of any new equipment and/or operations.” All designs, construction, and operational phases must be protective of groundwater. This may include improvements made on existing protections measures. This section should describe how groundwater protection measures will be implemented during any and all phases of work, and it should specify which personnel will be responsible for insuring that the groundwater protection measures are in place and functioning properly. The following stormwater management structure design standards are required in karst, Wellhead Protection, Source Water Protection, and/or Vulnerable Groundwater Use areas to allow, where there is an acceptable management entity, surface water infiltration to aquifers while protecting the groundwater quality from spills or other contaminants (please see Item 3 on page 3 concerning site specific determinations; further guidance is supplied in Appendix Two of this document): 1. If allowed by the NPDES permit, stormwater structure depth should be as shallow as possible

with a horizontal bottom (no deep spots), and shall be constructed to emulate the requirements set forth by the NPDES criteria;

2. Maximum stormwater structure depth of ten feet; 3. Fully vegetated basin side slopes and bottoms; and 4. The above are the minimum requirements for stormwater management structure design in

karts, Wellhead Protection, and/or Vulnerable Groundwater Use area. More stringent requirements may apply for certain projects (e.g., industrial and commercial sites), depending on the potential for contamination of special areas as listed above. Examples of more stringent design feature include:

a. More than three feet of material between the bedrock surface and the bottom and sides of the stormwater structure, or increased compaction criteria to reduce permeability,

b. Synthetic liners, c. Sediment sumps at stormwater inlets, d. Off-line treatment, e. Special stormwater system design, f. Groundwater monitoring, and

g. Paint, solvent, or oil and water separators.

Stormwater management system designers who do not propose to meet at least the minimum design standards listed above may seek approval for the alternative design through the GPP approval process. However, the system designer must provide reasonable assurance that state water quality standards are met. Additional design criteria may be required to satisfy NPDES permit, county, or local government requirements. SECTION 4.11.d. “A summary of all activities carried out under other regulatory programs that have relevance to groundwater protection…” List any other permits, required spill prevention and response plans, registrations (e.g., UST registration), certifications, or other approvals, and any regulatory agencies that regulate groundwater protection measures at the facility.


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Examples include:

NPDES NPDES – Stormwater WVDEP – OWM – UST CERCLA – Superfund WV Voluntary Remediation (Brownfields) FIFRA – Federal Insecticide, Fungicide, and Rodenticide Act Well Head Protection Program (WHPP) Underground Injection Control (UIC) Toxic Substances Control Act – (TSCA) Best Management Plans Management of used oil RCRA Solid Waste landfills (municipal, industrial, C&D, etc.)

SECTION 4.11.e. “A discussion of all available information reasonably available to the facility or activity regarding existing groundwater quality at, or which may be affected by the site.”

This section should include any groundwater analyses for the facility or development, and a summary of the previous year’s data should be included if sampling has been conducted for more than a year. (This should include the data from any contamination that has originated from off site). This section should also contain any other information that is readily available, such as soil type, geologic formation, depth to groundwater, location of any existing monitoring wells, or the results of any septic system percolation tests conducted by the county health department. Analyses of drinking water wells, monitoring wells, springs, and seeps should also be included if they have been sampled, and these well locations or other sampling points should be marked on the site map.

Monitoring wells and groundwater sampling may be required by the Director for the assessment of the potential for or existence of groundwater contamination, but are not automatically required for every GPP.

Many sites have no groundwater monitoring data and should state that in this section. SECTION 4.11.f. “A clarification that no wastes be used for deicing, fills, etc., unless provided for in existing rule.” Only commercially available de-icing or traction-improving products may be used for ice control on streets. De-icing on streets should be kept to a minimum where runoff is collected by the stormwater management pond. The use of abrasive traction-improving material (e.g., sand, etc.) is preferred where possible to minimize the salt impact to groundwater. The GPP must contain a statement that waste materials will not be for deicing, fill, or any other use, unless that use is provided for in some other regulation, permit, or other groundwater regulatory agency approval. A temporary construction demolition permit (D2) might allow waste to be used for fill. SECTION 4.11.g. “Provisions for all employees to be instructed and trained on their responsibility to ensure groundwater protection. Job procedures shall provide direction on how to prevent groundwater contamination.”


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Summarize instruction and training given to all personnel who are responsible for pond maintenance concerning groundwater protection, including frequency of training. Pond maintenance is a critical issue in protecting groundwater and public and private drinking water supplies. Please list the name(s) of those persons responsible for pond maintenance. If the pond maintenance is the responsibility of an authorized entity, then please list the name of that entity and the appropriate contact person. An authorized entity could include a management company, maintenance contractor, public service district, local governmental authority, or other body. See Appendix Two for further guidance on stormwater pond maintenance. Training should include the following:

1. A summary of 47-CSR-58, the Groundwater Protection Rule. 2. Groundwater protection structures, secondary containment units, and spill cleanup

equipment. 3. A summary of likely potential groundwater contaminants at this facility or development. 4. Spill notification and documentation procedures.

(Note: A homeowners association will not be considered as an authorized entity for the purpose of stormwater management.)

SECTION 4.11.h. At a minimum, “The GPP shall include provisions for quarterly inspections to ensure that all elements and equipment of the site’s groundwater protection program are in place, properly functioning, and appropriately managed.” At a minimum of four inspections per year of the GPP elements by authorized entity personnel is required. Although four inspections are required, more frequent inspections may be warranted, depending upon site-specific characteristics. Inspection records are not strictly required by the rule; however, documentation of these inspections can help with DEP inspections or to demonstrate the entity’s efforts to protect groundwater. The GPP should include a description of inspection procedures and how control structures and devices are managed. Include a copy of the facility’s inspection form if one is used. Include a copy of the stormwater management pond maintenance schedule. SECTION 4.12. New facilities and developments are required to have a completed GPP prior to construction. Preconstruction GPPs will be reviewed by the Groundwater Program at the Division of Water and Waste Management. The GPP must be available on site at all times for review by DEP personnel. The GPP will be required to be submitted as part of an NPDES permit application, renewal, modification, registration in the case of general permits, or when the stormwater management pond is left in place as a permanent structure. The Director may require modification of a GPP to assure adequate protection of groundwater. If a facility does not have adequate groundwater protection practices in place, then they may submit a compliance schedule for implementation of necessary practices along with their permit renewal application, renewal, or notification. If approved, this compliance schedule would allow time to implement the necessary practices.


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ENFORCEMENT

Failure to have a completed and implemented GPP is a violation of 47-CSR-58. Failure to follow any practice set for in a GPP is a violation of the 47-CSR-58, the Groundwater Protection Rule. Complying with a GPP does not relieve the facility of any obligation to comply with any other federal, state, or local rule, regulation, or statute.


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ORDINANCE 2004-21

AN ORDINANCE TO AMEND AND/OR ESTABLISH ZONING FEES AND BUILDING PERMIT FEES FOR THE CITY OF MARTINSBURG

Be it ordained that pursuant to Section 802. Schedule of fees and charges of the Martinsburg Zoning Ordinance the following fees shall be amended and/or established for the City of Martinsburg:

ZONING FEES Site Plan (Commercial/Industrial plans, Residential Subdivision plans) Less than 1 acre — $400 1 or more acres — $400 + $100 per acre PLANNED DEVELOPMENT DISTRICTS Preliminary Concept Plan — $800 + $50 per acre Preliminary Concept Plan Amendments (assessed on changed areas) $400 + $25 per acre Final Plan — $800 + $50 per acre Final Plan Amendments (assessed on changed areas) — $400 + $25 per acre Storm Water Management (design review) (deposit) — $1500 Subdivision Sketch plat — $50 Preliminary plat over 50 lots — $800 + $100 per lot Preliminary plat from 3 to 50 lots — $400 + $100 per lot Preliminary plat less than 3 lots — $200 Final plat — $50 per lot Corrective plat — $25 per lot Map Amendment — $500 Text Amendment — $500 Variance — $400 Special Exception — $400 Special Exception (nonconforming use change) — $600 Special Exception (flood plain) — $600 Administrative Appeal — $600 Wireless Facility New tower — $5,000 Co-locate — $2,000 Escrow Account — $8,500


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Certificate of Appropriateness – HPRC — $25 Code Appeal — $100 Use & Occupancy New construction — $100 Change of use — $20 Signs — $25 plus $2 per square foot Zoning Status Letter — $50 Bond Reduction Request — $100 Tape of Board or Commission meeting — $25

BUILDING PERMIT FEES New Construction, Building Additions Application fee — $10.00 Building permit cost — $9.00 per $1,000 Remodel, repair, replace, demolition, Accessory structures greater than 150 sq. ft., fences, retaining walls greater than 4 ft. Application fee work value greater than $5,000 — $5.00 Building permit cost — $7.50 per $1,000 Mechanical/Plumbing Systems – plan review Application fee — $3.00 per 100 sq. ft. Sidewalks Public sidewalks — $0.00 Private — $7.50 per $1,000 Grading – more than 1000 sq. ft. – plan review — $5.00 per 1000 sq. ft. Stop Work Order – removal fee — $100 Re-application — Original Application Fee Re-inspection fees First re-inspection — $50 Second re-inspection — $100 Third and subsequent re-inspection — $200


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Work Registration Fee

Re-roofing, re-siding, painting, re-paving, Replacement windows or glass, flooring, carpeting — $0.00

NOTE: Owner occupied residents conducting work are exempt from work registration. Contractors performing work shall be required to register their work with the City of Martinsburg.

Emergency repairs performed by contractors shall be registered and filed within seventy two (72) hours of the occurrence. These fees shall supersede any previous fees established by the City of Martinsburg. This Ordinance shall take effect on January 1, 2005.


CASE # SP _____________

REQUEST FOR PROJECT PLAN COMMENTS

CITY OF MARTINSBURG

ENGINEERING/PLANNING & BUILDING INSPECTION DEPARTMENT 232 N. QUEEN STREET

MARTINSBURG, WV 25401 ATTN: Kim Petrucci

(304) 264-2131ext. 266

Applicant’s name, address, and phone number:

_______________________________________________________________________________

_______________________________________________________________________________

Name of development and/or description of the request:

Location:_______________________________________________________________________

_______________________________________________________________________________

______________________________________________________________________________

Comments:______________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

______________________________________________________________________________

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_______________________________________________________________________________

Reporting Official and Date: _____________________________________________________

PLEASE RETURN THIS FORM TO THE CITY ENGINEER/PLANNER’S OFFICE NO LATER THAN ____________________________).


CASE # SP _____________


CITY OF MARTINSBURG

ENGINEERING/PLANNING & BUILDING INSPECTION DEPARTMENT 232 N. QUEEN STREET

MARTINSBURG, WV 25401 ATTN: Tracy Sherman(304) 264-2131ext. 266


_______________________________________________________________________________

_______________________________________________________________________________


_______________________________________________________________________________

_______________________________________________________________________________

Location:

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Comments:

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CASE # SP _____________


MARTINSBURG POLICE DEPARTMENT 232 N. QUEEN STREET

MARTINSBURG, WV 25401 ATTN: Chief Richards

(304) 264-2111


_______________________________________________________________________________

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Location:

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_______________________________________________________________________________

Comments:

_______________________________________________________________________________

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_______________________________________________________________________________

Reporting Official and Date:______________________________________________________



CASE # SP _____________


CITY OF MARTINSBURG

SHADE TREE COMMISSION 232 N. QUEEN STREET

MARTINSBURG, WV 25401 ATTN: MARY LEWIS

(304) 264-2131


_______________________________________________________________________________

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Location:

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Comments:

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CASE # SP _____________


MARTINSBURG WATER & SEWER

CORNER OF BALTIMORE & WILLIAMS STREET MARTINSBURG, WV 25401

ATTN: Steve Knipe (304) 264-2116


_______________________________________________________________________________

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Location:

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Comments:

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CASE # SP _____________


MARTINSBURG STREET & SANITATION DEPARTMENT

BOSTON STREET MARTINSBURG, WV 25401

ATTN: Jeff Wilkerson(304) 264-2126


_______________________________________________________________________________

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Location:

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Comments:

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CASE # SP _____________


WV Department of Environmental Protection

601 57th Street, SE Charleston, WV 25304

ATTN: Rick Adams (304-926-0495


_______________________________________________________________________________

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Location:

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Comments:

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Notice to applicant—please send this form directly to Jeff Knepper at DEP.

Notice to reviewer—please fax completed comment forms to Planning Department

at 304-264-2136 or email to [email protected].


CASE # SP _____________


CITY OF MARTINSBURG FIRE DEPARTMENT

200 N. RALEIGH STREET MARTINSBURG, WV 25401

ATTN: Chief_Bragg (304) 264-2111


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Location:

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Comments:

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CASE # SP _____________


BERKELEY COUNTY HEALTH DEPARTMENT

400 W. STEPHEN STREET, SUITE 204 MARTINSBURG, WV 25401

ATTN: Jennifer Hutson (304) 267-7130


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Location:

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Comments:

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CASE # SP _____________


CITY OF MARTINSBURG

BULDING INSPECTOR

232 N. QUEEN STREET MARTINSBURG, WV 25401

ATTN: Building Code Official, Chuck Clingan (304) 267-2131


_______________________________________________________________________________

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Location:

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Comments:

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CITY OF MARTINSBURG PLANNING COMMISSION

APPLICATION and MEETING DATES for 2018

SITE PLAN APPLICATION DEADLINES January 2018 – March 2019

MEETING DATE (6 PM)

APPLICATION DEADLINE (3PM)

01-03-18 11-15-1702-07-18 12-22-1703-07-18 01-19-1804-04-18 02-15-1805-02-18 03-16-1806-06-18 04-20-1807-11-18 05-24-1808-01-18 06-14-1809-05-18 07-20-1810-03-18 08-17-1811-07-18 09-21-1812-05-18 10-19-1801-02-19 11-14-1802-06-19 12-20-1803-06-19 01-19-19

A pre-application review will be held once a month at a date and duration to be determined by the Planning Department based upon number of applications and schedule availability. Representatives from the Martinsburg Fire Department, Water & Sewer Department and other relevant departments/agencies will be asked to meet with the City Engineer/Planning Director and City Planner to formally discuss and prepare review comments. Comments will be available to the applicant one full week before the Planning Commission application deadline. Entry onto the Planning Commission Agenda will be approved only when all preliminary review comments and approvals have been obtained and addressed. Be aware that this requirement may mean multiple staff preliminary reviews before officially meeting with the Planning Commission. The Planning Director reserves the right to require the project engineer and/or developer be present for necessary subsequent meetings as appropriate. The Planning Director also reserves the right to eliminate unnecessary preliminary reviews.

A preliminary review is required for the following activities: 1) subdividing more than five (5) lots, 2) submitting a site plan for more than five (5) acres, 3) new development that will create5,000 square-feet or more of impervious cover and/or disturb one (1) acre or more of land, 4)redevelopment that will create/add/replace 5,000 square-feet or more of impervious cover and/ordisturb one (1) acre or more of land.

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