Legislation # 07-0561 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 10/10/2007
Title AN ORDINANCE TO AMEND THE CODE FOR THE CITY OF HAMPTON, VIRGINIA, CHAPTER 13.1 ENTITLED "LAND DISTURBING OPERATIONS", ARTICLE I, SECTION 13.1-3 AND ARTICLE II, SECTION 13.1-5
 
Legislation History 07-0561
DateNotice Of ActionDescription
10/10/2007 Adopted on First and Final Reading
10/10/2007 Moved to waive second reading.
10/2/2007 Received By Clerk's Office
 
View Attachments 07-0561
FileTypeSizeDescription
Chapter 13.1 3 and 13.1 5 Redline.DOC Other 30K Chapter 13.1 Redline Version
 
Legislation Text 07-0561

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0561

 

Enactment Number: -

 

AN ORDINANCE TO AMEND THE CODE FOR THE CITY OF HAMPTON, VIRGINIA, CHAPTER 13.1 ENTITLED "LAND DISTURBING OPERATIONS", ARTICLE I, SECTION 13.1-3 AND ARTICLE II, SECTION 13.1-5

 

 

 

ARTICLE I . LAND DISTURBING ACTIVITY AND EROSION AND SEDIMENT CONTROL GENERALLY


Sec. 13.1-3. Exemptions from Chapter.

In no instance shall the provisions of this Chapter be construed to apply to the following:

(1)   Such minor land-disturbing activities as home gardens and individual home landscaping, repairs and maintenance work.

(2)   Individual service connections.

(3)   Installation, maintenance or repair of any underground public utility lines, when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided such land-disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced.

(4)   Septic tank lines or drainage lines unless located within a Chesapeake Bay Preservation District, or unless included in an overall plan for land-disturbing activity relating to the construction of the building to be served by the septic tank system.

(5)   Surface or deep mining; exploration or drilling for oil and gas, including the well site, roads, feeder lines, and off-site disposal areas.

(6)   Repair or rebuilding of tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.

(7)   Disturbed land areas of less than twenty-five hundred (2,500) square feet, except as provided in the Zoning Ordinance specifically including but not limited to Section 17.3-65 (1)-(7) and relevant zoning proffers.

(8)   Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles.

(9)   Emergency work to protect life, limb or property and emergency repairs; however, if the Agent determines that the land-disturbing activity was not an actual emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the Agent.

(10)   Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Chapter 8.1 ( 62.1-115.1 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation.

(11)   Shore erosion control projects on tidal waters when all of the land disturbing activities are within the regulatory authority of and approved by the Hampton Wetlands Board, the Virginia Marine Resources Commission, or the U.S. Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this ordinance.

(12)   Any controlled activity on land owned by the federal government.

(13)   Tilling, planting, or harvesting of agricultural, horticultural or forest crops, or livestock feedlot operations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation, however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (Section 10.1-1100 et seq.) of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of Sec. 10.1-1163;

State law references:  Above activities excluded from definition of "land-disturbing activity," Code of Virginia, 10.1-560.

 

 

ARTICLE II PERMIT AND INSPECTION PROCESS

Sec. 13.1-5. Permit required.

It shall be unlawful for any person to engage in any land disturbing activity, not exempt pursuant to Section 13.1-3 without first obtaining a permit for such activity from the Director. No permit to begin any work that requires a permit covered by this Chapter shall be issued and upon completion of the construction, no certificate of occupancy shall be issued if the property is the subject of a notice of violation or the owner of said property owns any other property in the City of Hampton that is the subject of a notice of violation under this Chapter, Chapter 41.1 or the zoning ordinance, which remains pending at the time of application. Nor shall any such permit required by this Chapter be issued until any delinquent real estate taxes and all erosion & sediment control fines owed to the city, which have been properly assessed against the subject property, have been paid.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on ____________________________.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council