City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 08-0001
ORDINANCE TO AMEND CHAPTER 41.1 OF
THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED WETLANDS, BY ADDING
THERETO A NEW SECTION 41.1-17.1 ENTITLED, WETLANDS MITIGATION AND AMENDING
SECTION 41.1-22 ENTITLED PENALTIES.
BE IT ORDAINED by the Council of
the City of Hampton, Virginia that the Code of the City of Hampton, Virginia,
be amended as follows:
Sec. 41.1-17.1 Wetlands Mitigation.
to Virginia Marine Resources Commission Wetlands Mitigation Compensation
Policy, the Board may require compensation for all permitted wetland losses.
In those cases where the Board has determined that neither on-site, in-kind nor
out-of-kind compensation nor off-site, in-kind nor out-of-kind compensation is
practicable, the Board may charge the applicant an in lieu fee. Because of the
difficulty and uncertainty associated with the creation of wetlands, the in
lieu fee shall be determined by multiplying the replacement ratio by the amount
charged per square foot in accordance with the Wetlands Boards
Mitigation-Compensation Policy, as amended.
limiting the remedies which may be obtained under this chapter, any person who
violates any provision of this chapter or who violates or fails, neglects or
refuses to obey any wetlands board notice, order, rule, regulations or permit
condition authorized by this chapter shall, upon finding by circuit court, be
assessed a civil penalty not to exceed twenty-five thousand dollars
($25,000.00) 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 of Hampton for the purpose of abating environmental damage
to or restoring wetlands therein in such a manner as the court may, by order,
direct; except that where the violator is the city itself, or its agent, the
court shall direct the penalty to be paid into the state treasury.
limiting the remedies which may be obtained under this chapter, and with the
consent of any person who has violated any provision of the chapter or who has
violated or failed, neglected or refused to obey any Wetlands Board order,
rule, regulation or permit condition authorized by this chapter, the wetlands
board may provide, in an order issued by the Wetlands Board 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. Civil charges shall be in lieu of any appropriate civil penalty
which could be imposed under the subsection (a) of this section. Civil charges
may be in addition to the cost of any restoration ordered by the Wetlands
Board. (Ord. No. 1104, 98-22-93)
funds collected pursuant to Section 41.1-17.1 and Section 41.1-22(b) shall be
placed into a special revenue account to be used solely as approved by the City
Manager for the creation, enhancement, or restoration of tidal wetlands. Such
creation, enhancement or restoration projects shall be subject to review and
recommendation by the Wetlands Board.
Adopted on Second
reading at a regular meeting of the City Council of the City of Hampton,
Virginia, held January 9, 2007.