Legislation # 15-0009 Enactment Number 15-0004
Type Ordinance - Coded Effective Date 1/14/2015
Introduction Date 1/14/2015
Title Ordinance to Amend and Reenact Chapter 33.2 of the City Code of the City of Hampton, Virginia Entitled “Stormwater Management,” by Amending Section 33.2-8, Exemptions, and Section 33.2-12, Water Quality Impact Assessment, to be Consistent with the Exemptions and Allowable State Limits as Set Forth in Virginia Code §§ 62.1-44.15:34 through 62.1-44.15:49
 
Legislation History 15-0009
DateNotice Of ActionDescription
2/5/2015 Enactment Number 15-0004
1/14/2015 Approved
1/14/2015 Presented by Veronica Meade, Senior Assistant City Attorney.
1/5/2015 Received By Clerk's Office
 
View Attachments 15-0009
FileTypeSizeDescription
CityCodeCh 33 2 SW Ordinance Amdt (Redline).docx Other 34K Amended Chapter 33.2 Redline
SWM & LD 1-14-2015 PowerPoint.ppt Power Point Presentation 1009K Presentation
 
Legislation Text 15-0009

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 15-0009

 

Enactment Number: 15-0004

 

Ordinance to Amend and Reenact Chapter 33.2 of the City Code of the City of Hampton, Virginia Entitled Stormwater Management, by Amending Section 33.2-8, Exemptions, and Section 33.2-12, Water Quality Impact Assessment, to be Consistent with the Exemptions and Allowable State Limits as Set Forth in Virginia Code 62.1-44.15:34 through 62.1-44.15:49

 

 

BE IT ORDAINED by the Council of the City of Hampton, Virginia, that Chapter 33.2 of the Code of the City of Hampton, Virginia entitled Stormwater Management be amended and re-enacted as follows:

Chapter 33.2 - STORMWATER MANAGEMENT

ARTICLE II. - STORMWATER MANAGEMENT PROGRAM

 

Sec. 33.2-8. - Exemptions.

 

(a) Notwithstanding any other provisions of this chapter, the following activities are exempt unless otherwise required by federal law:

1. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Va. Code Title 45.1;

2. Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulations, 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 Va. Code 10.1-1100, et seq., or is converted to bona fide agricultural or improved pasture use as described in Va. Code 10.1-1163(B);

3. Single-family residences separately built, including additions or modifications to existing single family detached residential structures; a) disturbing less than one acre; b) not part of a larger common plan of development or sale; and c) not within a Chesapeake Bay preservation district;

4. Single-family residences separately built within the Chesapeake Bay preservation district as set forth in the city zoning ordinance, including additions or modifications to existing single family detached residential structures; a) disturbing less than 2500 square feet; and b) not part of a larger common plan of development or sale;

5. Land-disturbing activities that disturb less than one acre of land except for land-disturbing activity exceeding 2500 square feet of land area within a Chesapeake Bay preservation district as set forth in the city zoning ordinance or activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance;

6. Discharges to a sanitary sewer or a combined sewer system;

7. Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use;

8. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and

9. Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VSMP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of subsection A is required within 30 days of commencing the land-disturbing activity.

 

Sec. 33.2-12. - Water quality impact assessment.

.

(b) Water quality impact assessment required. A water quality impact assessment is required, including a review fee of $200.00, for any proposed development disturbing over one acre of land area, or any land disturbance exceeding 2,500 square feet within the Chesapeake Bay preservation district as set forth in the city zoning ordinance, except those uses exempt from the stormwater management requirements per section 33.2 -8 of this chapter. An assessment must apply the stormwater management technical criteria set forth in section 33.2-13 of this chapter to the entire land-disturbing activity. A water quality impact assessment shall include the following elements, which shall be considered a minimum unless the administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed uses and development of land.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on January 14, 2015.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council