When a parcel of land is changed, it is considered disturbed. This can be relative to the removal of natural vegetation, earthmoving and subsequent construction of buildings or other impervious materials.
All this connects back with erosion and sediment control and stormwater management, which is heavily regulated by federal and state standards. Locally, this is addressed by Christiansburg's Town Code, specifically in Chapters 10 and 30 (Erosion and Sediment Control and Zoning, respectively).
In reviewing this data, one must remember local government rules and regulations are subordinate to state laws, which are themselves subordinate to federal laws. This means that, at a minimum, a locality must conform with the other two.
It does not mean a locality cannot require higher standards.
Sometimes the topography of land is unsuitable for some types (or any) development. The slope is too steep so disturbing the land and shifting stormwater patterns presents too many problems to be deemed necessary for the public welfare or safety, or may negatively impact adjacent properties. This becomes a concern especially when stormwater runoff feeds into natural waterways and can affect the quality or costs associated with providing potable water (public water and sewer systems). This, too, is addressed in the Town Code.
The Christiansburg Zoning Administrator, specifically designated as the Town Manager by the Town Charter, and the elected Town Council are responsible for administering and complying with its own erosion and sediment and stormwater management regulations. Again, these must conform -- at a minimum -- with state and federal requirements.
Previously, the Christiansburg Town Council was informed their Town Code was out of date, through decades of neglect, and would require "recodification" (costing more than the median annual income of most Christiansburg households) and there were specific issues relative to stormwater management and compliance.
Recently, the Town Council rejected a rezoning application for 2880 Roanoke Road because of concerns that adjoining properties would be adversely impacted by even more flooding. The Town Code also specifically states that such denied rezoning applications must wait one year coming up for consideration before council again.
Given the rapid rate of development experienced in Christiansburg over the past two decades, this type of issue should come as no surprise to council. A majority of its members have experience serving on the Planning Commission and so reviewed and approved this growth. When new development impacted residences along College Street several years ago, those citizens were told to hire their own engineer to fix the flooding they were now experiencing. Other new developments have seen public walkways blocked by what is supposed to be temporary mitigation measures for stormwater or erosion control issues (temporary is often defined in the Town Code as being no more than one year), too.
Beyond the entire Chapter 10 of the Town Code, Chapter 30 (Zoning) also speaks to this issue seven time (30-68[d], 30-79[g], 30-107[g], 30-115[d], 30-184[c], 30-185[b]3, and 30-189[a]).
Town Code gets into many details, including the minimum square footage of greenspace per number of parking spaces and vegetation at the perimeter of these lots (in order to comply with the overall EPA and DEQ requirements and prevent chemical runoff from vehicles and asphalt), or restricting residential parcels to only covering a maximum of 80% of the previously undeveloped lot (unless variances to set-backs are allowed, which generally are requested and approved).
Often, a single large parcel is rezoned, then subdivided and subdivided and subdivided. The smaller the "phase" becomes, the less one has to deal with bothersome regulations meant to take overall impacts into account and relative to disturbing and developing the land. This means related traffic volumes or other public services (rescue, fire, or schools, as examples).
It remains, however, council's repsonsibility to look at the overall impacts, intentions and future consequences.
Council may require more, including storm drains, curbs and gutters, and street lights installed and paid for by developers. Council may require that land is set aside in developments or during rezoning requests for parks, playgrounds, and other public uses (without reimbursement, as long as it doesn't exceed 10% of the entire subdivision but exclusive of streets and drainage reservations).
This is disturbing because council has not required these amenities, even though citizens have been asking for them for decades. If they are not part of a developer's plans, then all town taxpayers will carry the burden of building them, or go without. Had council taken an alternative path, they wouldn't need to worry about where to find the funding and could have realized faster build-out and higher or sustainable property valuations as part of this growth.
It is even more disturbing to think our council members appear unaware of these implications and impacts, as well as their own code or state and federal law. It is time for council to raise their standards and expectations so they are aligned with citizen wishes, needs and expectations.
Additional citizen resources can be found at:
VA Dept of Stormwater Management Program - regulatory & enforcement
VA Dept of Environmental Quality - includes info about local violations
US Environmental Protection Agency - what you should know, file complaints